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HomeMy WebLinkAboutPC_2012-12-18_AgendaPacket http://www.facebook.com/planningatascadero @atownplanning CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, December 18, 2012 – 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Ward Vice Chairperson Schmidt Commissioner Bentz Commissioner Colamarino Commissioner Cooper Commissioner Dariz Commissioner Wingett APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda.) PLANNING COMMISSION BUSINESS CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non -controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions.) 1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON NOVEMBER 20, 2012. City of Atascadero Planning Commission Agenda Regular Meeting, December 18, 2012 Page 2 of 4 http://www.facebook.com/planningatascadero @atownplanning 2. APPROVAL OF ACTION MINUTES OF THE SPECIAL PLANNING COMMISSION AND CITY COUNCIL SPECIAL JOINT MEETING ON NOVEMBER 29, 2012. PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdi vision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the pub lic hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 3. PLN 2099-0848 / CUP 2005-0157 / TTM 2005-0067 / ZCH 2005-0099 COMMUNITY DEVELOPMENT STAFF REPORTS NONE COMMISSIONER COMMENTS AND REPORTS Property Owner: Oakhaven Village, Inc., 3160 Ocean Terrace, Marina, CA 93933 Project Title: Oakhaven Village DRC 2012-0029/PLN 2099-0848 / CUP 2005-0157 TTM 2005- 0067 ZCH 2005-0099 Project Location: 1155 El Camino Real, Atascadero, CA (APN 049-042-018) San Luis Obispo County Project Description: Redesign of architectural elevations and floor plans for a previously approved 62-Unit townhouse subdivision. Applicant proposes to reduce the number of stories from three (3) to two (2); revision to interior floor plans to add additional bedroom(s), site plan modifications to accommodate new product types, as well as additional parking as recommended by the Design Review Committee. General Plan Designation: High Density Residential Zoning District: Residential Multi-Family (RMF-20) / Planned Development Overlay (PD-26) Proposed Environmental Determination: Consistent with certified Mitigated Negative Declaration 2005-0028. City of Atascadero Planning Commission Agenda Regular Meeting, December 18, 2012 Page 3 of 4 http://www.facebook.com/planningatascadero @atownplanning DIRECTOR’S REPORT ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for January 15, 2013, at City Hall, Council Chambers, 6907 El Camino Real, Atascadero. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to this public hearing. City of Atascadero Planning Commission Agenda Regular Meeting, December 18, 2012 Page 4 of 4 http://www.facebook.com/planningatascadero @atownplanning City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m. at City Hall, Council Chambers, 6907 El Camino Real, Atascadero. Matters are considered by the C ommission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6907 El Camino Real, Atascadero, and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. Commission meetings are audio recorded, and may be revi ewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470 -3400). In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will be allowed for Public Comment Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Co mmission regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Chairperson. 2. Give your name (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify t he Community Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting on a USB drive or CD is preferred. Access to hook up your laptop to the City's projector can also be provided. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Recording Secretary before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission. ITEM NUMBER: 1 DATE: 12-18-12 PC Draft Action Minutes of 11/20/12 Page 1 of 4 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting – Tuesday, November 20, 2012 – 7:00 P.M. City Hall Council Chambers 6907 El Camino Real, Atascadero, California CALL TO ORDER - 7:02 p.m. Chairperson Ward called the meeting to order at 7:02 p.m. and Commissioner Bentz led the Pledge of Allegiance. ROLL CALL Present: Commissioners Bentz, Colamarino, Cooper, Dariz, Wingett, Vice Chairperson Schmidt, and Chairperson Ward Absent: None Others Present: Recording Secretary Annette Manier Staff Present: Community Development Director, Warren Frace Associate Planner, Callie Taylor Assistant Planner, Alfredo Castillo APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Vice Chairperson Schmidt to approve the agenda. Motion passed 7:0 by a roll-call vote. ITEM NUMBER: 1 DATE: 12-18-12 PC Draft Action Minutes of 11/20/12 Page 2 of 4 PUBLIC COMMENT None PLANNING COMMISSION BUSINESS None CONSENT CALENDAR 1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON OCTOBER 16, 2012. 2. APPROVAL OF THE 2013 PLANNING COMMISSION MEETING SCHEDULE MOTION: By Commissioner Bentz and seconded by Commissioner Colamarino to approve the consent calendar. Motion passed 7:0 by a roll-call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 3. PLN 2008-1290, AMENDMENT TO CONDITIONAL USE PERMIT FOR 10630 WEST FRONT ROAD, INGLESIDE ASSISTED LIVING – OCCUPANT INCREASE Property Owner: Shirley M. Barratt, 10630 West Front Road, Atascadero CA 93422 Applicant: William Vaughn, 10630 West Front Road, Atascadero CA 93422 Project Title: PLN 2008-1290 / CUP Amendment #2 Project Location: 10630 West Front Road, Atascadero, CA 93422 APN 045-353-007 (San Luis Obispo County) ITEM NUMBER: 1 DATE: 12-18-12 PC Draft Action Minutes of 11/20/12 Page 3 of 4 Project Description: An applicant has submitted a request to amend the Conditional Use Permit for the existing residential care facility at Ingleside Assisted Living Center to allow one additional resident at the facility within a shared bedroom. The number of permitted clients would increase from 15 to 16 full time residents. No new construction and no increase of bedrooms are proposed. General Plan Designation: Rural Estate (RE) Zoning District: Residential Suburban (RS) Proposed Environmental Determination: Proposed amendment is consistent with the previous Certified Mitigated Negative Declaration 2000-037. DISCLOSURE OF EX PARTE COMMUNICATIONS: None Associate Planner Callie Taylor gave the staff report and answered questions from the Commission. PUBLIC COMMENT The following person spoke during public comment: William Vaughn. Mr. Vaughn answered questions from the Commission. Chairperson Ward closed the Public Comment period. MOTION: By Commissioner Bentz and seconded by Commissioner Colamarino to adopt PC Resolution 2012-0021 approving an Amendment to CUP 2000-0004 to allow up to 16 clients at the existing residential care facility located at 10630 West Front Road, APN 045-353-007. Motion passed 7:0 by a roll-call vote. ITEM NUMBER: 1 DATE: 12-18-12 PC Draft Action Minutes of 11/20/12 Page 4 of 4 COMMISSIONER COMMENTS AND REPORTS Commissioner Schmidt asked if the new hotel’s school fees will go to Templeton Unified School District (TUSD). Director Frace said that the entire Home Depot site school fees will go to TUSD. Commissioner Colamarino asked about the Green House Gas meeting format and the SLOCOG Trails meeting. Director Frace said that the majority of the Council and Commission can go to the meeting, we will follow APCD’s agenda, and the Commission won’t be making any decisions but will participate in discussion. Director Frace also answered questions in regards to the trails meeting and how the goal is to connect trails and the map through the DeAnza trail. Chairperson Ward asked about the status on the Walmart lawsuit. Director Frace said that Walmart has hired a legal firm and there is nothing new to report. There is a court date scheduled to hear the case in March 2013 in Paso Robles. DIRECTORS REPORT None ADJOURNMENT - 7:34 p.m. The next regular meeting of the Planning Commission is scheduled for December 4, 2012, at 7:00 p.m. at City Hall, Council Chambers, 6907 El Camino Real, Atascadero. MINUTES PREPARD BY: _____________________________ Annette Manier, Recording Secretary Adopted ITEM NUMBER: 2 DATE: 12-18-12 PC/CC Draft Action Minutes of 11/29/12 Jt. Special Meeting Page 1 of 2 CITY OF ATASCADERO CITY COUNCIL AND PLANNING COMMISSIO SPECIAL JOINT MEETING APCD PUBLIC WORKSHOP DRAFT ACTION MINUTES Special Meeting – Thursday, November 29, 2012 – 6:30 P.M. Templeton Elementary School Multipurpose Room 215 8th Street, Templeton, California CALL TO ORDER - 6:30 p.m. ATTENDANCE: Present: Council Members Sturtevant, Fonzi, Clay, Mayor Pro Tem O’Malley, and Mayor Kelley Planning Commissioners Bentz, Dariz, Vice Chairperson Schmidt, and Chairperson Ward Absent: Planning Commissioners Colamarino, Cooper, and Wingett Others Present: Recording Secretary Warren Frace Staff Present: Community Development Director, Warren Frace Associate Planner, Callie Taylor Assistant Planner, Alfredo Castillo ITEM NUMBER: 2 DATE: 12-18-12 PC/CC Draft Action Minutes of 11/29/12 Jt. Special Meeting Page 2 of 2 APCD SPONSORED STUDY SESSION 1. PLN 2010-1361, GREENHOUSE GAS PLANNING COMMUNITY WORKSHOP Applicant: SLO APCD / City of Atascadero, 6907 El Camino Real, Atascadero, CA 93422 Project Title: PLN 2010-1361 Greenhouse Gas Project Location: Citywide, Atascadero, CA 93422 Project Description: The cities of Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Pismo Beach, and Paso Robles and the San Luis Obispo County Air Pollution Control District (APCD) are working to prepare climate action plans to cost-effectively reduce greenhouse gas emissions, while maintaining or improving the quality of life for residents and reducing costs for individuals and business. This is the second public workshop sponsored by APCD to review and provide input on potential greenhouse gas reduction strategies. This will be an open, inclusive, and collaborative process. DISCLOSURE OF EX PARTE COMMUNICATIONS: None The Planning Commission and City Council participated in breakout groups that reviewed and discussed the following topics: 1) Energy efficiency 2) Transportation / Land Use 3) Solid Waste The Planning Commission and City Council listened to the APCD moderated Q & A session. ADJOURNMENT – 8:05 p.m. MINUTES PREPARD BY: _____________________________ Warren Frace, Recording Secretary Adopted t:\~ planning commission\pc agendas\~ pc minutes\pc minutes 12\pc cc draft actn minutes 11 29 12.am.docx Atascadero Planning Commission Staff Report - Community Development Department Alfredo R. Castillo, AICP, Assistant Planner, 470-3436, acastillo@atascadero.org PLN 2099-0848 Amendment to Conditional Use Permit 2005-0157 Master Plan of Development for Oakhaven Village 1155 El Camino Real (Oakhaven Village, LLC) SUBJECT: The proposed project consists of an application to amend Conditional Use Permit 2005- 0157 (Master Plan of Development) for a 62-unit townhome development. This amendment includes architectural elevations and façade changes to a previously approved residential multi-family development with a planned development overlay. RECOMMENDATION: Design Review Committee Recommends: The Planning Commission adopt Resolution PC 2012-0021 approving an amendment to Conditional Use Permit 2005-0157 based on findings and subject to Conditions of Approval. REPORT-IN-BRIEF: The applicant is proposing amendments to the 2005 approved Master Plan of Development (Conditional Use Permit) that includes the following:  Elevation changes for Plan “A” from a 3-story structure to a 2-story structure;  Revision of approved color board for new exterior trim colors;  Revision of approved exterior materials;  Revision to approved preliminary floor plans for the inclusion of additional bedrooms and modification of living space arrangements;  Revision to tentative lot locations for accommodation of larger residential units;  Revision of Site Plan to accommodate additional on-site parking requirements. ITEM NUMBER: 3 DATE: 12-18-12 DISCUSSION: Situation and Facts 1. Applicant: Oakhaven Village, Inc., 3160 Ocean Terrace, Marina, CA 93933-3291 2. Property Owner: Oakhaven Village, Inc., 3160 Ocean Terrace, Marina, CA 93933-3291 3. Project Address: 1155 El Camino Real, Atascadero, CA 93422 APN 049-042-018 4. General Plan Designation: High Density Residential (HDR) 5. Zoning District: Residential Multi-Family (RMF-20) / PD-26 Overlay 6. Site Area: 5.5 acres 7. Existing Use: Vacant 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration (2005-0028) for CUP 2005-0157 Background: Oakhaven Village was approved by the City Council as a Planned Development (Zone Change 2005-0099 with a Master Plan of Development (CUP 2005-0157) and Tentative Tract Map (2005-0067) for 62 townhouse units on individual lots in August 2005. Developers submitted building plans and a final map for staff review prior to the commencement of construction. By late 2007, the development was ready to begin construction, however, with the downturn of the economy, proposed construction never started and the development went into bankruptcy. The site was recently purchased by Oak Haven Village, LLC, headed by SBI Builders. The new owners are proposing floor plan and elevation modifications to the Master Plan of Development to better align the project to current market conditions, and are prepared to begin construction in 2013. Surrounding Land Use and Setting: North: Residential Multi-family (RMF-20) South: Residential Multi-Family (RMF-20) East: Residential Suburban (RS) West: El Camino Real / US Highway 101 The proposed project is located within the High Density Residential designation and is zoned Residential Multi-family-20 with a Planned Development Overlay (PD-26), which allows for a maximum density of 20 units per net acre. The properties along El Camino are developed with existing single-family residences and multi-family developments. The eastern portion of the property shares a boundary with existing large lot single family residential. The adopted Mitigated Negative Declaration required a landscaped setback buffer for the large lot single family residential and the proposed development. ANALYSIS: The proposed application is to amend the existing Master Plan of Development. The applicant proposes modifications to elevations, interior floor plans, and minor site layout revisions for additional parking considerations as recommended by the Design Review Committee. Oakhaven Village Oakhaven Village Approved 2005 Master Plan of Development Site Plan Modifications The approved site plan remains relatively unchanged. The applicant is not proposing to change the number of units originally entitled as a part of the project’s approval in 2005. The proposed project continues to include 62 townhome units organized around open space features and existing mature native oak trees. The project still includes four (4) common open space areas, one of which is designed as a central informal green space area. The project’s circulation system will remain consistent with the previously approved Master Plan of Development. This includes one-way street and two-way streets to provide efficient and controlled circulation through the site. In addition, the project retains the following site features:  Decorative project entry incorporating pavers and a landscaped median.  Retention of existing mature native trees on site.  Minimum 40-foot wide landscape buffer along the El Camino Real frontage for the accommodation of drainage and as a project entry feature. Sidewalks are proposed along one side of the internal project street as well as within the large informal green area, consistent with the previous plan. Full frontage improvements, including widening, is required along El Camino Real, consistent with previous project approval. On-Site Parking Parking for multi-family residential projects is based on the City’s Municipal Code standard. Proposed 2012 Master Plan of Development Proposed Project Entry Atascadero Municipal Code Section 9-4.118 Multifamily dwellings (including condominiums and other attached ownership dwellings) Residential Parking: 1 b.r. unit: 1.5 spaces 2 b.r. unit: 2.0 spaces each additional bedroom: 0.5 spaces Guest Parking: 1 space per 5 units, or fraction thereof The Master Plan of Development required 147 spaces provided on-site for residential uses. The applicant has proposed an increase of the number of seventeen (17) 3- bedroom units from the approved plan. The following is a breakdown of the minimum parking requirements for the proposed amended project: Unit Type Number of Units Parking Requirement Parking Spaces Required 2 bedrooms 24 2.0 spaces 48 spaces 3 bedrooms 38 2.5 spaces 95 spaces Guest Spaces - 1 per 5 units 13 spaces Total Number of Parking Spaces Required 156 spaces The Design Review Committee (DRC) recommended that staff work with the applicant on ways to provide more parking within the development to accommodate additional 3- bedroom units as well as address guest parking. Staff met with the applicant’s representatives and reviewed the site plan and the possibility of including additional on- street parking, areas for guest parking as recommended by the DRC. Staff and the applicant determined that widening the streets to accommodate on-street parking was infeasible. New perpendicular parking was identified where additional shared parking may be provided, as well as additional private driveway parking based. The proposed project includes a minimum one car attached garage for each unit, additional parking is provided in unit driveways, including two (2) units that provide an additional guest space for use on that unit. Additionally 32 common area spaces are provided, eight (8) of which are proposed to utilize porous paving that reduces the amount of impervious surface on-site thereby reducing the site’s storm water impacts and impacts to oak tree drip lines that are within these parking areas (condition 24). Parking Provided Number of Parking Spaces One-Car Garage 62 spaces Private Driveway 64 spaces Common Area Uncovered 32 spaces Total Number of Parking Spaces Provided 158 spaces Parking Required 156 spaces Net Parking +2 Spaced Over Code Proposed Building Elevation and Materials Revisions The 2004 Master Plan of Development was approved with three distinct building elevations. These building elevations included variations including architectural trims and finishes, sectional garage doors, window shutters, variety of siding (i.e. masonry, smooth stucco, wood), composition shake roofing materials, recessed doors and windows, and other architectural enhancements so that the builder could provide a wide variety of designs to prospective buyers and add to the character of the development. One of the unique aspects of this project was a “three-story” building elevation (Plan A). The three-story elevation included a 2-bedroom floor plan and provided a variety of building heights throughout the project. The maximum building height for Plan A as approved was 38-feet in height. Plan B and Plan C were two-story elevations with various options for façade configurations. Approved 2005 Master Plan of Development Elevations Plan B Plan A Plan A Plan C 2012 Proposed Elevation Revisions The applicant is proposing to amend the Master Plan of Development by redesigning building elevations. These elevations comprise of traditional elements from various architectural influences including rural farmhouse, cottage and craftsman styles. Consistent with the previously existing Master Plan of Development, each elevation contains “options” to provide distinctly different residential home from adjacent units. This type of mix provides additional character to the proposed neighborhood development. Staff is recommending that additional landscaping be utilized for the units when facing a public street to soften the appearance of a “blank” façade. (Condition 25). Table 1 provides a summary of the proposed design changes for each elevation. Proposed Floor Plan Revisions The Master Plan of Development for Oakhaven Village contained a mix of two (2) and three (3) bedroom residences. Plan “C” was the only elevation associated with three (3) bedrooms. The applicant is proposing to revise the floor plans in order to respond the existing demand in the current residential market, as well as the elevation changes. Table 2 provides a breakdown of proposed floor plan revisions to match the proposed elevation changes. Elevation Name Proposed Modifications Elevation View Plan A  Re-designed from a three-story elevation into a two-story elevation.  Three (3) distinct façade variations.  Architectural features include smooth stucco finishes, stone veneers, and wood siding Additional changes to the elevations include recessed windows, window trims, and varying front entry’s and rear patio/backyard entries.  Garage doors proposed to be varied as a part of the façade variations.  Plan “A” End Units feature additional landscaping by utilizing a trellis feature. Plan B  Modifications include use of wood siding in two options and one additional façade.  Eliminate the use of River Rock Base as a part of the base of the front entry columns and in building pop outs.  Staff recommends river rock base remain as a façade option (condition 9). Plan C  Largest unit.  Modifications include use of wood siding in two options and one additional façade.  Eliminate the use of Red Brick Base as a part of the base of the front entry columns and in building pop outs. Plan D  Modified “Plan B” Elevation.  2-story, 3 bedroom with 1 bonus room house.  Side garage added to allow for driveway parking Table 1 – Proposed Elevation Revisions Summary Floor Plan Proposed Modifications Proposed Floor Plans Plan A  The total unit size has been increased from 1,260 square feet (sf) to 1, 388 sf  The garage has been moved to the side of the 1st floor.  A half bathroom has been provided on the 1st floor similar to the previous plan.  The second floor contains two bedrooms with a bonus room/den  The 2nd floor contains a washer/dryer space, consistent with PD-26 requirements. Plan B  Total unit size proposed is 1,825 sf  The proposed floor plan “B” includes reconfiguration of the laundry room and bathroom on the 1st floor.  Three bedrooms on the 2nd floor along  A deck is also proposed as outdoor space not previously provided. Plan C  Total unit size proposed is 1,828 sf, and increase from approved floor plans by over 300 sf  The proposed floor plan “” includes reconfiguration of the laundry room and bathroom on the 1st floor.  Laundry room moved to 1st floor.  Outdoor deck provided on 2nd Floor. Plan D  Largest unit in the proposed unit at 2,079 sf.  3 bedrooms and 2 bathrooms located on 2nd floor.  Additional bonus room on 1st floor.  Garage located on the side of the house to provide additional living space. Table 2 – Proposed Floor Plan Revisions Summary Proposed Color Board Revisions The 2005 approved Master Plan of Development contains a color scheme that included pops of bright colors such as dark blue, plum, red, yellow and an Irish green mixed with tans and white. Condition # 11 of the Master Plan of Development left the final approval of the color scheme to staff. The “pops” of color with the previously approved plan is not consistent with the City’s Appearance Review Manual. The applicant is proposing a color scheme consistent with the City’s Appearance Review Manual. The proposed revision includes eliminating the dark and bright “pops” of colors and substituting them with more earth tone colors including the use of blue-gray hues, brown, tan, and reddened earth. These colors are more consistent with colors found in other newer developments such as Dove Creek, Las Lomas, and Oak Grove. Preliminary Landscape Plan Revision The preliminary landscape plan has been revised to reflect the additional lot line reconfigurations but stays consistent with the previous Master Plan of Development landscaping plan. The applicant is proposing to retain existing mature native oak trees and enhance site elements. The revised landscaping plan includes drought tolerant shrubs and accent plants, with a combination of evergreen and deciduous trees placed throughout the site. Proposed turf areas shall be minimized consistent with the City’s water efficient landscaping ordinance (condition 12). The proposed preliminary landscaping plan maintains a 35-foot minimum building setback along the rear property line of the site. Installation of evergreen screen trees and shrubs, and an open space area occupying approximately 40% of the eastern property edge that is consistent with the project’s certified mitigated negative declaration. Native Tree Mitigation/Preservation A tree removal application for four (4) native trees was approved with the original Master Plan of Development. A condition of approval (condition 21) remains requiring that the applicant pay mitigation fees into the Tree Replacement Fund or provide equivalent re-plantings on site, as required by the Atascadero Native Tree Ordinance, and as shown in the following chart. 2012 Proposed Plan “B” Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals dbh notes dbh notes 1 18-inches 1 2 99-inches 2 3 55-inches 3 4 63-inches 4 5 5 6 6 Total 235-inches Total 0-inches 235-inches Mitigation Requirement req'd tree replacements:78 five gal trees req'd tree replacements:0 five gal trees 78 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees (24'')0 box trees (24'')0 box trees (24'') Remaining Mitigation 78 five gal trees Remaining Mitigation 0 five gal trees 78 five gal trees Tree Fund Payment:3,916.67$ Tree Fund Payment:-$ 3,916.67$ Site Drainage Consistent with the previous project approval, historic flow will be detained in two landscaped basins adjacent to El Camino Real. The applicant will be required to submit grading and drainage plans that meet the satisfaction of the City Engineer as a part of their Subdivision Improvement Plans. Inclusionary and Workforce Housing The Master Plan of Development included provisions for Affordable Housing as a part of the approval of the Planned Development Overlay, consistent with the City’s Affordable Housing Policy. Program to include a fixed percentage of units within residential developments that require a legislative approval to be reserved as deed restricted affordable units. The proposed project provides a minimum of 12 affordable units. Consistent with this policy, two (2) units will be deed restricted at the very-low income rate, five (5) units will be deed restricted at the low-income rate, and five (5) units will be deed restricted at the moderate-income rate. This condition remains (Condition CUP 14, 15/TTM 11, 12). The five (5) moderate rate deed restricted homes may fall into the City’s Resale Restriction Policy adopted by the City Council in 2010. This policy would waive the requirement to record a deed restriction upon sale to an income qualified buyer when the sales price is at or below the maximum applicable moderate income sales price. Tentative Tract Map A 62-lot Vesting Tentative Tract Map (TTM 2005-0067) was approved as a part of the project consistent with the proposed Master Plan of Development and proposed PD–26 Overlay Zone. The vesting Tentative Map was originally set to expire on August 9, 2007. The previous owner applied, and was granted a one-year extension on August 8, 2007. The map was set to expire on August 9, 2008. The California State Senate approved SB 1185 granting an automatic one-year extension to all tentative maps, giving the map an expiration date of August 9, 2009. Subsequently, the California State Assembly signed AB 333 and AB 208 providing an additional 48 month (4 year) extension on all tentative maps that were still active. Based on these time extensions, the Vesting Tentative Map is set to expire August 9, 2014. The vesting Tract Map remains conditioned by staff and the City Engineer to meet all City standards including on- and off-site street improvements. The applicant is required to record CC&R’s with the map that will include maintenance and access of common areas (Condition CUP 20/TTM 10). Conditional Use Permit (Master Plan of Development) A Master Plan of Development is required for a Planned Development in the form of a Conditional Use Permit. The proposed Master Plan of Development amendment modifies development standards related to architectural design, site design, landscape, signage, and specific development standards required by the Planned Development Overlay (PD-26). The Planning Commission shall make the following five findings to amend Master Plan of Development: 1. The proposed project or use is consistent with the General Plan. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Based on staff’s analysis in the preceding sections and the conditions in the attached resolution, Staff recommends that all of the required findings for approval of a Conditional Use Permit can be made. Environmental Determination A Mitigated Negative Declaration (MND) was certified as a part of the project approval in 2005. The environmental analysis identified concerns regarding potential impacts to aesthetics, land use and planning, noise, biological resources, and traffic. Mitigation measures pertaining to these resources are included. The proposed revisions are consistent with the certified MND. The City Council has certified that this project will have no significant environmental effects. Implementation of the mitigation measures would ensure that this finding remain valid. Conclusion In staff’s opinion, proposed development is consistent with the General Plan and compatible with the surrounding neighborhood. The project incorporates appearance review of architectural design, materials, and landscaping, and incorporates architectural themes into the site and building design, as conditioned. Native trees have been preserved where feasible and required conditions and mitigation measures have been appropriately incorporated into the project. As analyzed within the project Initial Study and Draft Mitigated Negative Declaration, the proposed Master Plan of Development would have no significant environmental impacts and will not be detrimental to the general public or working persons health, safety, or welfare. The Planning Commission has determined that all of the required findings can be made for project approval. FISCAL IMPACT: Based on findings from the Taussig Study, revenue from new residential development including property tax revenues; vehicle licensing fees, sales taxes, and other revenues are insufficient to cover the maintenance and emergency services costs of new development. Based on the revenue projections from the Taussig Study, the City has developed standard conditions of approval for new development projects that require the cost of maintenance and emergency services to be funded by the project through a combination of road assessment districts, landscape and lighting districts and community facilities districts (Conditions CUP 18 and 19/ TTM 8 and 9). Consistent with previous project approval, conditions of approval remain to mitigate the fiscal impacts of the project on the City of Atascadero (Condition 18/Condition 19). ALTERNATIVES: 1. The Planning Commission may make modifications to the project and/or conditions of approval. 2. The Commission may determine that more information is needed on some aspect of the proposed amendments and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The Commission must specify the reasons for denial of the project and make an associated finding with such action. ATTACHMENTS: Attachment 1: Location, General Plan, and Zoning Map Attachment 2: Tree Protection Plan & Table Attachment 3: Addendum to Arborist Report Attachment 4: Applicant’s Development Summary Attachment 5: Certified Mitigated Negative Declaration and Initial Study Attachment 6: Draft Resolution 2012-0021 Attachment 1: Location Map, General Plan and Zoning Morro Rd. CP CR Project Site RMF-20 Existing General Plan Designation: HDR Existing Zoning District: RMF-20 / PD-16 Attachment 2: Tree Protection Plan & Table Attachment 3: Addendum to Arborist Report Attachment 3: Addendum to Arborist Report Attachment 4: Applicant’s Development Statement Attachment 5: Certified Mitigated Negative Declaration and Initial Study See Following ZCH 2005-0099.1155 ECR.ISMND.pt.doc Print Date: 12/11/1211:31 AM 6905 EL CAMINO REAL, SUITE 6  ATASCADERO, CALIFORNIA 93422  (805) 461-5000  FAX 461-7612 CITY OF ATASCADERO PROPOSED MITIGATED NEGATIVE DECLARATION #2005-0028 6905 El Camino Real, Suite 6 Atascadero, CA 93422 805/461-5000 Applicant: Wehn Group LLC, 934 Sycamore Canyon, Paso Robles, CA 93446 Phone: 805-239-2475 Project Title: Zone Change 2005-0099, CUP 2005-0157, TTM 2005-0067, The Village at Oakhaven Project Location: 1155 El Camino Real, Atascadero, CA 93422 (San Luis Obispo County) APN 049-042-018 Project Description: The proposed project consists of an application for a Zone Change, Conditional Use Permit, and Tentative Tract Map for the construction of 62 new single-family attached homes on individual lots that will be developed under the requirements of a custom Planned Development overlay district within the RMF-16 Zoning District. Proposed homes range in size from 1100 to 1510 square feet. The project includes one home per lot each with a one-car garage and one parking space in each driveway. Four native trees are proposed for removal. The project will take access off of El Camino Real. General Plan Designation: High Density Residential (HDR) Zoning District: Residential Multi-Family-16 (RMF-16) Findings: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. 3. The project does not have impacts which are individually limited, but cumulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. 5. Determination: Based on the above findings, and the information contained in the initial study 2005-0028 (made a part hereof by reference and on file in the Community Development Department), it has been determined that the above project will not have an adverse impact on the environment when the following proposed mitigation measures are incorporated into the project (see attachment). Prepared By: Kelly Gleason, Associate Planner Date Posted: June 29, 2005 Public Review Ends: July 19, 2005 Attachments: - Location / Zoning Map - Aerial Photo - Site Plan/Master Plan of Development - Floor Plan A - Floor Plan A Sections and Elevations - Floor Plan B - Floor Plan B Sections and Elevations - Floor Plan C - Floor Plan C Sections and Elevations - Project sections and entry sketch - Preliminary Landscape Plan - Tree Protection Plan - Vesting Tentative Tract Map - Grading, Drainage and Utility Plan (2 sheets) - Initial Study 2005-0028 CITY OF ATASCADERO INITIAL STUDY 12/11/12 ZCH 2005-0099.1155 ECR.ISMND.pt.doc ENVIRONMENTAL CHECKLIST FORM Environmental Review 2005-0028 Applicant: Wehn Group LLC, 934 Sycamore Canyon, Paso Robles, CA 93446 Phone: 805-239-2475 Project Title: Zone Change 2005-0099, CUP 2005-0157, TTM 2005-0067, The Village at Oakhaven Project Location: 1155 El Camino Real, Atascadero, CA 93422 (San Luis Obispo County) APN 049-042-018 Project Description: The proposed project consists of an application for a Zone Change, Conditional Use Permit, and Tentative Tract Map for the construction of 62 new single-family attached homes on individual lots that will be developed under the requirements of a custom Planned Development overlay district within the RMF-16 Zoning District. Proposed homes range in size from 1100 to 1510 square feet. The project includes one home per lot each with a one-car garage and one parking space in each driveway. Four native trees are proposed for removal. The project will take access off of El Camino Real. General Plan Designation: High Density Residential (HDR) Zoning District: Residential Multi-Family-16 (RMF-16) Lead Agency Name and Address: City of Atascadero 6905 El Camino Real, Suite 6, Atascadero, CA 93422 Contact Person and Phone Number: Kelly Gleason, Associate Planner City of Atascadero 6905 El Camino Real, Suite 6 Atascadero, CA 93422 General Plan Designation: High Density Residential (HDR) Zoning: Residential Multifamily-16 (RMF-16) Surrounding Land Uses and Setting: North: RMF-16 South: RMF-16 West: Highway 101 East: RS Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement) None CITY OF ATASCADERO INITIAL STUDY 12/11/12 ZCH 2005-0099.1155 ECR.ISMND.pt.doc Attachment 1 Location / Zoning Map 1155 El Camino Real Atascadero, CA Proposed Project Site RMF-16 RS CPK RS RS RSF-X/PD-17 CITY OF ATASCADERO INITIAL STUDY 12/11/12 ZCH 2005-0099.1155 ECR.ISMND.pt.doc Attachment 2 Aerial Photo Proposed Project Site CITY OF ATASCADERO INITIAL STUDY 12/11/12 ZCH 2005-0099.1155 ECR.ISMND.pt.doc Attachment 3 Site Plan/Master Plan of Development Attachment 4 CITY OF ATASCADERO INITIAL STUDY 12/11/12 ZCH 2005-0099.1155 ECR.ISMND.pt.doc Floor Plan A Attachment 5 CITY OF ATASCADERO INITIAL STUDY 12/11/12 ZCH 2005-0099.1155 ECR.ISMND.pt.doc Floor Plan A sections and elevations Attachment 6 CITY OF ATASCADERO INITIAL STUDY 12/11/12 ZCH 2005-0099.1155 ECR.ISMND.pt.doc Floor Plan B Attachment 7 CITY OF ATASCADERO INITIAL STUDY 12/11/12 ZCH 2005-0099.1155 ECR.ISMND.pt.doc Floor Plan B sections and elevations Attachment 8 Floor Plan C CITY OF ATASCADERO INITIAL STUDY 12/11/12 ZCH 2005-0099.1155 ECR.ISMND.pt.doc Attachment 9 Floor Plan C sections and elevations CITY OF ATASCADERO INITIAL STUDY 12/11/12 ZCH 2005-0099.1155 ECR.ISMND.pt.doc Attachment 10 Project Site Sections and Entry CITY OF ATASCADERO INITIAL STUDY 12/11/12 ZCH 2005-0099.1155 ECR.ISMND.pt.doc CITY OF ATASCADERO INITIAL STUDY 12/11/12 ZCH 2005-0099.1155 ECR.ISMND.pt.doc Attachment 11 Preliminary Landscape Plan CITY OF ATASCADERO INITIAL STUDY 12/11/12 ZCH 2005-0099.1155 ECR.ISMND.pt.doc Attachment 12 Tree Protection Plan CITY OF ATASCADERO INITIAL STUDY 12/11/12 ZCH 2005-0099.1155 ECR.ISMND.pt.doc Attachment 13 Vesting Tentative Tract Map CITY OF ATASCADERO INITIAL STUDY 12/11/12 ZCH 2005-0099.1155 ECR.ISMND.pt.doc Attachment 14a Grading, Drainage & Utility Plan CITY OF ATASCADERO INITIAL STUDY 12/11/12 ZCH 2005-0099.1155 ECR.ISMND.pt.doc Attachment 14b Grading, Drainage & Utility Plan CITY OF ATASCADERO INITIAL STUDY 12/11/12 ZCH 2005-0099.1155 ECR.ISMND.pt.doc Exhibit A Mitigation Monitoring Program 1155 El Camino Real ZCH 2005-0099, CUP 2005-0157, TTM 2005-0067 Timing GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 1.c.1: The project shall maintain a minimum 35-foot setback from the eastern property line. A mi9nimum 10-foot wide landscape buffer shall be installed by the developer prior to final and a deed restriction shall be recorded against parcel 24, 25, and 26 requiring continued maintenance of the landscape buffer. The buffer area shall include evergreen screen trees such as live oaks and/or cedars. BP PS 1.c.1 Mitigation Measure 1.d.1: All lighting shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, “hooded” lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 14-feet in height, limit intensity to 2.0 foot candles at ingress /egress, and otherwise 0.6 foot candle minimum to 1.0 maximum in parking areas. Fixtures shall be shield cut-off type. BP PS 1.d.1 Mitigation Measure 3.b.1: The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust (PM-10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook.  Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If Naturally Occurring Asbestos (NOA) is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. . If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Should Naturally Occurring Asbestos be identified within the area of construction, and the worked area will be less than or equal to one acre, then the dust control measures identified below are required. If the disturbed area is greater than one acre, additional requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects.  Dust Control Measures for Construction and Grading Operation Projects One Acre or Less: No person shall engage in any construction or grading operation on property where the area to be disturbed is one (1.0) acre or less unless all of the following dust mitigation measures are initiated at the start and maintained throughout the duration of the BP BS 3.b.1 CITY OF ATASCADERO INITIAL STUDY 12/11/12 ZCH 2005-0099.1155 ECR.ISMND.pt.doc Exhibit A Mitigation Monitoring Program 1155 El Camino Real ZCH 2005-0099, CUP 2005-0157, TTM 2005-0067 Timing GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure construction or grading activity: (A) Construction vehicle speed at the work site must be limited to fifteen(15) miles per hour or less; (B) Prior to any ground disturbance, sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; (C) Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; (D) Storage piles must be kept adequately wetted, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile; (E) Equipment must be washed down before moving from the property onto a paved public road; and (F) Visible track-out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four (24) hours Mitigation Measure 3.b.1: Naturally Occurring Asbestos (NOA) has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If naturally occurring asbestos is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. These requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. BP PS 3.b.1 Mitigation Measure 4.e.1: The Grading Plan shall identify tree protection fencing around the dripline, or as recommended by the project arborist, of each existing on-site or off-site native tree. BP PS 4.e.1 CITY OF ATASCADERO INITIAL STUDY 12/11/12 ZCH 2005-0099.1155 ECR.ISMND.pt.doc Exhibit A Mitigation Monitoring Program 1155 El Camino Real ZCH 2005-0099, CUP 2005-0157, TTM 2005-0067 Timing GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 4.e.2: Grading and excavation and grading work shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within the area of work shall be fenced for protection with 4- foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. GP PS 4.e.2 CITY OF ATASCADERO INITIAL STUDY 12/11/12 ZCH 2005-0099.1155 ECR.ISMND.pt.doc Exhibit A Mitigation Monitoring Program 1155 El Camino Real ZCH 2005-0099, CUP 2005-0157, TTM 2005-0067 Timing GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 4.e.3: The developer shall contract with a certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre-construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree’s root zone area. (c) As specified by the arborist report and City staff:  Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist;  Remove all debris and spoils from the lot cleaning and tree pruning.  In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of ¾ inch granite covered with one-inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one-foot by one-foot pothole every four to six linear feet.  All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter.  No grading or trenching is allowed within the fenced protected area.  Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction-related tree protection measures are no longer required for tree protection. GP PS 4.e.3 Mitigation Measure 5.b.1: Should any cultural resources be unearthed during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. GP, BP PS, BS CITY OF ATASCADERO INITIAL STUDY 12/11/12 ZCH 2005-0099.1155 ECR.ISMND.pt.doc Exhibit A Mitigation Monitoring Program 1155 El Camino Real ZCH 2005-0099, CUP 2005-0157, TTM 2005-0067 Timing GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 6.b: The grading permit application plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. (See section 8 of the is document). GP CE 6.b Mitigation Measure 6.c.d: A soils report shall be required to be submitted with a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. GP BS 6.c.d Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention Plan (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. BP CE 8.e.f Mitigation Measure 8.e.f.2: The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop work orders. BP BS,PS,CE 8.ef.2 Mitigation Measure 11.d: All construction activities shall comply with the City of Atascadero Noise Ordinance for hours of operation. Ongoing BS/PS 11.d Mitigation Measure 15.a.b.1: Full frontage improvements shall be required along El Camino Real. Internal project circulation shall be designed to enhance flow and minimize traffic conflicts by implementing traffic calming measures and utilizing one-way streets as appropriate and as approved by the Community Development Director. BP BS, PS 15.a.b.1 Mitigation Measure 15.c.1: The Contractor shall maintain one lane for traffic at all times. Traffic control shall be in accordance with the current Caltrans manual for traffic control and work area traffic control handbook. No street or lane closures shall be permitted unless previously arranged for and granted by the City Engineering Department. Ongoing BS, PS 15.c.1 CITY OF ATASCADERO INITIAL STUDY 12/11/12 ZCH 2005-0099.1155 ECR.ISMND.pt.doc ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agriculture Resources Air Quality Biological Resources Cultural Resources Geology /Soils Hazards & Hazardous Materials Hydrology / Water Quality Land Use / Planning Mineral Resources Noise Population / Housing Public Services Recreation Transportation/Traffic Utilities / Service Systems Mandatory Findings of Significance On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a “potentially significant effect” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Kelly Gleason Associate Planner CITY OF ATASCADERO INITIAL STUDY 12/11/12 ZCH 2005-0099.1155 ECR.ISMND.pt.doc EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a Lead Agency cites following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The Lead Agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVII at the end of the checklist. 6) Lead Agencies are encouraged to incorporate into the checklist references information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached. Other sources used or individuals contacted should be cited in the discussion. CITY OF ATASCADERO INITIAL STUDY 12/11/12 Page 24 ZCH 2005-0099.1155 ECR.ISMND.pt.doc Initial Study 2004-0050 ZCH 2005-0099, CUP 2005-0157, TTM 2005-0067 1155 El Camino Real Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact 1. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? SOURCES: Project Description; Tentative Tract Map, Grading Plan, EDA Design Professionals; Floor Plans & Elevations, Preliminary Landscape Plan, R2L Architects. DISCUSSION: The project site is not located within a scenic vista. The site is within the City’s multiple-family residential zoning district, bounded by El Camino Real and Highway 101 on the West Side. Project conditions will require any lighting at the site to be designed to eliminate off site glare. The proposed landscape plan and architectural features for the project will produce no negative impact. The applicant has proposed to retain 11 mature native oak trees located along the central street and within common and private open space areas. The surrounding neighborhood is developed with mobile home parks to the north and south of the project and single- family residences to the east of the proposed project. The proposed architectural style, colors, and materials have been selected to be compatible with the surrounding residential environment. The east portion of the project has been designed to minimize the number of units bordering the adjacent single-family residential uses. In addition, a landscape buffer is proposed along the eastern project edge to mitigate any adverse aesthetic impacts to the adjacent single-family residential uses. The following mitigation measures are included to ensure neighborhood compatibility. Mitigation Measure 1.c.1: The project shall maintain a minimum 35-foot setback from the eastern property line. A mi9nimum 10-foot wide landscape buffer shall be installed by the developer prior to final and a deed restriction shall be recorded against parcel 24, 25, and 26 requiring continued maintenance of the landscape buffer. The buffer area shall include evergreen screen trees such as live oaks and/or cedars. Mitigation Measure 1.d.1: All lighting shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, “hooded” lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 14-feet in height, limit intensity to 2.0 foot candles at ingress /egress, and otherwise 0.6 foot candle minimum to 1.0 maximum in parking areas. Fixtures shall be shield cut-off type. 2. AGRICULTURAL RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? CITY OF ATASCADERO INITIAL STUDY 12/11/12 Page 25 ZCH 2005-0099.1155 ECR.ISMND.pt.doc Initial Study 2004-0050 ZCH 2005-0099, CUP 2005-0157, TTM 2005-0067 1155 El Camino Real Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? SOURCES: Land Use Element EIR. DISCUSSION 2a. The property is not shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency as prime farmland. 2b. The property is not under a Williamson Act contract. 2c. The project will not result in the conversion of farmland to non-agricultural uses. 3. AIR QUALITY -- The significance criteria established by the Air Quality Control District in its CEQA Guidelines may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? SOURCES: Air Pollution Control District (APCD) CEQA Air Quality Handbook, Project Description; Tentative Tract Map/Site Plan/Grading Plan, EDA Design Professionals DISCUSSION: 3.a.c. This project will not affect or produce any significant air pollutants after completion of construction. Construction activities, including site grading may produce small quantities of air pollution, including dust and equipment exhaust. Any air quality impacts will be temporary and short term. 3.b. Construction activities, including site grading may produce small quantities of air pollution, including dust and equipment exhaust. Any air quality impacts will be temporary and short term. 3.d.e. The construction of residential buildings and the associated on-site and public improvements will not concentrate pollutants or create objectionable odors. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust (PM-10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook.  Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State CITY OF ATASCADERO INITIAL STUDY 12/11/12 Page 26 ZCH 2005-0099.1155 ECR.ISMND.pt.doc Initial Study 2004-0050 ZCH 2005-0099, CUP 2005-0157, TTM 2005-0067 1155 El Camino Real Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If Naturally Occurring Asbestos (NOA) is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. . If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Should Naturally Occurring Asbestos be identified within the area of construction, and the worked area will be less than or equal to one acre, then the dust control measures identified below are required. If the disturbed area is greater than one acre, additional requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects.  Dust Control Measures for Construction and Grading Operation Projects One Acre or Less: No person shall engage in any construction or grading operation on property where the area to be disturbed is one (1.0) acre or less unless all of the following dust mitigation measures are initiated at the start and maintained throughout the duration of the construction or grading activity: (A) Construction vehicle speed at the work site must be limited to fifteen (15) miles per hour or less; (B) Prior to any ground disturbance, sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; (C) Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; (D) Storage piles must be kept adequately wetted, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile; (E) Equipment must be washed down before moving from the property onto a paved public road; and (F) Visible track-out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four (24) hours. Mitigation Measure 3.b.1: Naturally Occurring Asbestos (NOA) has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If naturally occurring asbestos is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. These requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. 4. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly or CITY OF ATASCADERO INITIAL STUDY 12/11/12 Page 27 ZCH 2005-0099.1155 ECR.ISMND.pt.doc Initial Study 2004-0050 ZCH 2005-0099, CUP 2005-0157, TTM 2005-0067 1155 El Camino Real Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? SOURCES: Project Description; Project Plans; Land Use Element EIR. DISCUSSION: 4.a. No sensitive species exists on or near the site. 4.b. No sensitive riparian habitat or sensitive natural communities exist on or near the site. 4.c. There are no wetlands on the project site. 4.d. The Land Use Element EIR concludes that development within the city limits will not have a significant impact on wildlife or wildlife corridors. 4e.f. The project proposes removal of four native protected trees, and will impact additional protected native trees through the construction process. Therefore, the following mitigation measures shall be in effect: Mitigation Measure 4.e.1: The Grading Plan shall identify tree protection fencing around the dripline, or as recommended by the project arborist, of each existing on-site or off-site native tree. Mitigation Measure 4.e.2: Grading and excavation and grading work shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within the area of work shall be fenced for protection with 4-foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. CITY OF ATASCADERO INITIAL STUDY 12/11/12 Page 28 ZCH 2005-0099.1155 ECR.ISMND.pt.doc Initial Study 2004-0050 ZCH 2005-0099, CUP 2005-0157, TTM 2005-0067 1155 El Camino Real Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 4.e.3: The developer shall contract with a certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre-construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree’s root zone area. (c) As specified by the arborist report and City staff:  Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist;  Remove all debris and spoils from the lot cleaning and tree pruning.  In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of ¾ inch granite covered with one-inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one-foot by one-foot pothole every four to six linear feet.  All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter.  No grading or trenching is allowed within the fenced protected area.  Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction-related tree protection measures are no longer required for tree protection. 5. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in '15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to '15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? SOURCES: Project Description-Photos; Land Use Element EIR. DISCUSSION: 5.a.b.c. No historical, archeological, or paleontological resources exist on the project site. CITY OF ATASCADERO INITIAL STUDY 12/11/12 Page 29 ZCH 2005-0099.1155 ECR.ISMND.pt.doc Initial Study 2004-0050 ZCH 2005-0099, CUP 2005-0157, TTM 2005-0067 1155 El Camino Real Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact 5.d. No known human remains have been found or documented in the vicinity of the project. Mitigation Measure 5.b.1: Should any cultural resources be unearthed during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. 6. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? SOURCES: Project Description-Photos; Land Use Element EIR, Project Description-Photos; Tentative Tract Map/Grading Plan /Site Plan. DISCUSSION: 6.a. The San Andreas Fault, located approximately 26 miles northeast of the site, dominates both the structure and seismicity of this region. Other faults reflecting a closer source also have a significant potential to generate earthquakes and strong ground shaking at the project site. These faults include: (1) the offshore group, including the Hosgri and Santa Lucia Bank (Purisma and Lompoc) faults; (2) the Los Osos and San Luis Range faults. In addition, the Rinconada and Oceanic faults may be active or potentially active and pose a significant potential to generate earthquakes. The proposed buildings will be required to comply with all building standards related to seismic design. 6.b. Construction activities on the site will be required to comply with sedimentation and erosion control measures prescribed by the city engineer. 6.c.d. The property contains no unusual geological formations. Based on the borings conducted by GSI Soils Inc., CITY OF ATASCADERO INITIAL STUDY 12/11/12 Page 30 ZCH 2005-0099.1155 ECR.ISMND.pt.doc Initial Study 2004-0050 ZCH 2005-0099, CUP 2005-0157, TTM 2005-0067 1155 El Camino Real Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact clays and shallow bedrock materials underlie the site. This information indicated that the potential for liquefaction is negligible. 6.e. Project will not require septic. Mitigation Measure 6.b: The grading permit application plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. (See section 8 of the is document). Mitigation Measure 6.c.d: A soils report shall be required to be submitted with a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. 7. HAZARDS AND HAZARDOUS MATERIALS -- Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan area or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people living or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people living or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? SOURCES: Project description, General Plan Land Use Element. DISCUSSION CITY OF ATASCADERO INITIAL STUDY 12/11/12 Page 31 ZCH 2005-0099.1155 ECR.ISMND.pt.doc Initial Study 2004-0050 ZCH 2005-0099, CUP 2005-0157, TTM 2005-0067 1155 El Camino Real Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact 7a.b.c. The project is not anticipated to generate or involve use of significant amounts of hazardous materials. There are no known hazardous materials on the site or nearby. 7.d. The property is not a listed hazardous material site. 7e.f. The property is not near an airport. 7g.h. The site is within the Fire Department’s five-minutes or less response area. During permit review, the Fire Marshall will determine appropriate fire hydrant location. 8. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of previously-existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures that would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? SOURCES: Project description, Flood Insurance Rate Map 060700 0001 B (1/20/82); Preliminary Grading and Drainage Plan, EDA design professionals. CITY OF ATASCADERO INITIAL STUDY 12/11/12 Page 32 ZCH 2005-0099.1155 ECR.ISMND.pt.doc Initial Study 2004-0050 ZCH 2005-0099, CUP 2005-0157, TTM 2005-0067 1155 El Camino Real Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact DISCUSSION: 8a. The construction will not violate water quality standards. 8b. The project will not deplete ground water supplies. Water will be provided by Atascadero Mutual Water Company. 8c.d.e.f. The project will not alter any drainage course. Construction activities are subject to review for compliance with City drainage and grading regulations. Drainage will not be permitted to create or intensify any hazards for persons or property in the vicinity. Drainage retention is proposed on the southeast corner of the landscape area. In addition, pervious pavers are incorporated into the project driveway. 8.g.h.i. Future residential uses will be outside of the 100-year flood hazard area. 8.i.j. The project area is not subject to innundation by a tsunami. Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention Plan (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop work orders. 9. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? SOURCES: Land Use Element, Circulation Element, project description, Land Use Element EIR; Project Plans. DISCUSSION: 9.a. The project will not physically divide an established community. A multi-family residential development along El Camino Real is consistent and compatible with the surrounding residential land use designation. However, there will be a zone change that would establish a planned development overlay on the project site to allow each unit to be located on a separate lot. 9.b. The General Plan and Zoning Ordinance identifies the project site, along with adjacent properties to the north and south, as Residential Multifamily Residential with an allowed density of up to 16 dwelling units per acre. Properties to the east are designated as Residential Suburban. Highway 101 is located to the west of the project site. The General Plan designated all multi-family parcels the are greater than 2 acres, have less than 10% slope and are located off of an arterial as a prime multi-family site. The project site qualifies as a prime multi-family site based on the listed General Plan qualifiers. The project sites RMF-16 zoning and proposed multi-family development is consistent with the General Plan. As proposed, the zoning ordinance allows the establishment of a Planned Development Overlay zoning district to allow for smaller lot sizes in exchange for a benefit derived from the proposed development. With consideration to the requirements of a custom Planned Development Overlay, the project proposes 62 attached homes with 4 defined common open spaces areas of varying size located throughout the project site. The project has been designed to retain 11 native oak trees on site. Each unit has been designed with a minimum of 276 square-feet of private yard CITY OF ATASCADERO INITIAL STUDY 12/11/12 Page 33 ZCH 2005-0099.1155 ECR.ISMND.pt.doc Initial Study 2004-0050 ZCH 2005-0099, CUP 2005-0157, TTM 2005-0067 1155 El Camino Real Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact space. The project includes a minimum 42-foot wide landscape basin area between the residential units and the El Camino Real frontage. Approval of a Planned Development Zone Change requires a Master Plan of Development, which incorporates site development standards and appearance review including architecture and landscaping. Per the zoning ordinance, the Master Plan of Development will be processed as a Conditional Use Permit and as proposed, the project design is consistent with the Zoning Ordinance, appearance review manual, and General Plan. 9.c. The project is consistent with the open space and conservation policies identified in the General Plan. 10. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? SOURCES: Project Description. DISCUSSION: 10.a.b. No mining is proposed as a part of this project. No known mineral resources have been identified in the area. 11. NOISE -- Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ground-borne vibration or ground-borne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people living or working in the project area to excessive noise levels? SOURCES: Project description, Noise Element, Noise Ordinance, Acoustical Design Manual. DISCUSSION: CITY OF ATASCADERO INITIAL STUDY 12/11/12 Page 34 ZCH 2005-0099.1155 ECR.ISMND.pt.doc Initial Study 2004-0050 ZCH 2005-0099, CUP 2005-0157, TTM 2005-0067 1155 El Camino Real Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact 11a.b.c.d. Construction is expected to involve some heavy machinery and use of impact tools that make noise. Noise levels on the site are thus expected to be raised temporarily. The future residential use is not expected to generate unacceptable levels of noise to future adjacent residential uses. 11.e.f. The project is not located within an airport land use plan or private airstrip. Mitigation Measure 11.d: All construction activities shall comply with the City of Atascadero Noise Ordinance for hours of operation. 12. POPULATION AND HOUSING -- Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? SOURCES: Project description, General Plan Land Use Element. DISCUSSION: 12.a. The programmed density in the General Plan for the project site allows for the construction of 62 residential units. The project site is located along El Camino Real, which is defined as an arterial street in the Circulation Element of the General Plan. Adjacent properties are developed with multi-family uses including mobile-home parks directly to the north and south of the project site. The project will be required to provide full-frontage improvements along El Camino Real. The General Plan anticipates growth in this area of the city. 12.b.c. One existing residence will be demolished to allow construction of the proposed 62 new residences. 13. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? CITY OF ATASCADERO INITIAL STUDY 12/11/12 Page 35 ZCH 2005-0099.1155 ECR.ISMND.pt.doc Initial Study 2004-0050 ZCH 2005-0099, CUP 2005-0157, TTM 2005-0067 1155 El Camino Real Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact Other public facilities? SOURCES: Project description, Land Use Element EIR. DISCUSSION: Development Impact Fees: Development Impact Fees will be required of any new project for which a building permit is issued. The concept of the impact fee program is to fund and sustain improvements which are needed as a result of new development as stated in the General Plan and other policy documents within the fee program. Development Impact Fees fall into the following categories: Drainage Fees (including the Amapoa Tecorida Drainage Area Fee); Streets, Road, Bridge Fees; Sewer Fees; Public Safety Fees; and Park Fees, Miscellaneous Fees. In addition, school fees are collected by the Atascadero Unified School District. The amount of impact fees to be paid will be determined at the time of issuance of building permit. Fire and Police: Impact fees are charged for new development, to help pay the cost of providing new facilities to serve the expanding city. The Fire Department of the City of Atascadero has indicated that it will be able to adequately service the proposed project. The applicant shall comply with all requirements of the Fire Department. The City of Atascadero Police Department has also indicated that the proposed project poses no problems to the police to adequately service it. Schools: At buildout, the city’s population will overburden the existing school system unless additional classroom space is added. The Atascadero Unified School District charges impact fees to fund additional schools as needed. State law restricts mitigation of school impacts to the levying of these fees and other measures adopted by the school district. Provision of adequate facilities for the population is the responsibility of the school district. Fees will be required through construction permits for the residence. Parks: New residences will increase demand on parks and recreation facilities. The city’s Parks & Recreation Commission is committed to finding ways to continue to provide parks and other recreational opportunities to city residents as the city expands, thereby addressing cumulative impacts. No new residences are proposed. Other public facilities: The construction of the project is not expected to have significant impacts on any other public facilities. As the proposed project is a request for a Zone Change to establish a Planned Development Overlay Zone on the project parcel, the City Council has implemented a cost recovery policy to cover additional costs to the City related to increases in residential development. All projects requiring City Council approval are conditioned to join the Community Facilities District established by the City to cover any increases in cost to essential City Services. 14. RECREATION -- a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? SOURCES: Project description, Parks and Recreation Element. DISCUSSION: 14.a. Residents are expected to use existing parks and recreational facilities, but the numbers are not expected to result in substantial physical deterioration of any facilities. The project does provide a neighborhood park and three additional open space areas. CITY OF ATASCADERO INITIAL STUDY 12/11/12 Page 36 ZCH 2005-0099.1155 ECR.ISMND.pt.doc Initial Study 2004-0050 ZCH 2005-0099, CUP 2005-0157, TTM 2005-0067 1155 El Camino Real Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact 14.b. The project does not involve construction of public recreational facilities. 15. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? SOURCES: Land Use Element, Circulation Element; Project Plans, Accord Engineering. DISCUSSION: 15.a.b. The Circulation Element (CE) anticipates an increase in development in this area. The CE incorporates mitigation for effects from increased traffic. The City Engineer has reviewed the plans and has determined that the project will not decrease the current level of services anticipated by the General Plan with the construction of the 62 new residences and with the construction of full frontage improvements. 15.c. No changes will occur to the air traffic patterns. 15.d. The proposed driveway will remain in approximately the same location as it is currently. The City Engineer and the applicant have reviewed the site distance from the proposed project ingress and egress point and have determined that the project has adequate site distance onto El Camino Real. 15.e. The project will have adequate emergency access from El Camino Real. 15.f. Adequate parking will be provided on-site for the future residential uses. 15.g. The project is consistent with the area circulation and per the General Plan. The applicant shall provide standard street frontage improvements along the property frontage per City standards and the approval of the City Engineer. Public Improvement plans are required to detail the construction. Mitigation Measure 15.a.b.1: Full frontage improvements shall be required along El Camino Real. Internal project circulation shall be designed to enhance flow and minimize traffic conflicts by implementing traffic calming measures and utilizing one-way streets as appropriate and as approved by the Community Development Director. Mitigation Measure 15.c.1: The Contractor shall maintain one lane for traffic at all times. Traffic control shall be in accordance with the current Caltrans manual for traffic control and work area traffic control handbook. No street or lane closures shall be permitted unless previously arranged for and granted by the City Engineering Department. CITY OF ATASCADERO INITIAL STUDY 12/11/12 Page 37 ZCH 2005-0099.1155 ECR.ISMND.pt.doc Initial Study 2004-0050 ZCH 2005-0099, CUP 2005-0157, TTM 2005-0067 1155 El Camino Real Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact 16. UTILITIES AND SERVICE SYSTEMS --Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? SOURCES: Project description, Land Use Element (LUE) EIR; Project Plans, Accord Engineering. DISCUSSION: Water: The Atascadero Mutual Water Company (AMWC) will provide water. All property within the city limits is entitled to water from the AMWC. The project is not expected to require significant quantities of water for the proposed uses. Water is pumped from two portions of the largest underground basin in the county, the Paso Robles Formation, using a series of shallow and deep wells. The water company anticipates that it will be able to meet the city’s needs through buildout and beyond: Water demand at buildout under the LUE is estimated at about 8,500 acre-feet per year (AFY). The total available groundwater supply greatly exceeds demand, according to the findings of the Long-Term Viability of Water study. However, the water company does not currently have the deep wells needed to tap into the total amount needed at buildout. The water company is currently developing plans for installing wells where they will be most effective and will not conflict with water rights of others. According to the Water Company, development of additional wells is expected to keep pace with construction in the city, so that water supply will not be interrupted. Sewer: Sewer discharge will be handled by a City sewer connection. Storm Water. On-site storm water drainage has been designed to flow follow existing drainage pattern. On-site pervious driveway pavers and storm water retention is proposed. CITY OF ATASCADERO INITIAL STUDY 12/11/12 Page 38 ZCH 2005-0099.1155 ECR.ISMND.pt.doc Initial Study 2004-0050 ZCH 2005-0099, CUP 2005-0157, TTM 2005-0067 1155 El Camino Real Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact 17. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? DISCUSSION: The proposed project includes 62 new attached units consistent with the requirements for the establishment of a custom Planned Development Overlay. In addition, the project is consistent with the City’s General land use and housing element policies related to housing and infill development. The proposed project has been analyzed as required by CEQA. Project-related impacts have been identified and mitigation measures have been included within the proposal to reduce the effect of the proposed project as described herein. SOURCES: General Plan Land Use Element, City of Atascadero, 2002 Zoning Ordinance, part of Municipal Code, City of Atascadero, as amended through 1999. Land Use Element Environmental Impact Report, Crawford, Multari, & Clark, adopted 2002 CEQA Handbook, Air Quality Control District, August 1995 General Plan Safety Element, City of Atascadero, 2002 General Plan Circulation Element, 2002 General Plan Noise Element, adopted 2002 Acoustical Design Manual, Brown-Buntin Associates, 1991 Noise Ordinance, City of Atascadero, 1992 Guide for Developers, Atascadero Fire Department, 1998 draft Flood Insurance Rate Map, community-panel number 060700 0003 B, Federal Emergency Management Agency, January 20, 1982 Trip Generation, Institute of Traffic Engineers PROJECT-SPECIFIC SOURCES: Project description includes the following:  Grading, Drainage, & Utility Plan, EDA Design Professionals  Project Plans, R2L Architects  Preliminary Landscape Plan, Stacie Gleim, ASLA Attachment 6: Draft Resolution B Draft Resolution 2012-0021 DRAFT RESOLUTION PC 2012-0021 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT 2005-0157 (MASTER PLAN OF DEVELOPMENT) AT 1155 El Camino Real (Oakhaven Village, LLC) WHEREAS, an application has been received from Oakhaven Village, LLC (3610 Ocean Terrance, Marina, CA 93933) Owner and Applicant, to consider a project consisting of an Amendment to the Master Plan of Development (CUP 2005-0157) for a 62-unit Planned Development at 1155 El Camino Real (APN 049-042-018); and, WHEREAS, the site’s current General Plan Designation is High Density Residential (HDR); and, WHEREAS, the site’s current zoning district is Residential Multi-Family-20 with Planned Development 26 overlay (RMF-20 / PD 26); and, WHEREAS, the PD-26 requires the adoption of a Master Plan of Development, approved in the form of a Conditional Use Permit; and, WHEREAS, the City Council approved the original Master Plan of Development (CUP 2005-0157) for the site in 2005; and, WHEREAS, the proposed Conditional Use Permit Amendment is in substantial conformance with Certified Mitigated Negative Declaration prepared for the original project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit Amendment application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development Amendment; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on December 18, 2012, studied and considered the Master Plan of Development Amendment (Amendment to CUP 2005-0157), after first studying and considering Certified Mitigated Negative Declaration for the project (on file at City Hall), and NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of Conditional Use Permit Amendment. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City’s Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including provisions of the PD-26 Overlay Zone; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element; and 6. The Master Plan of Development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area; and 7. The proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. SECTION 2. Approval. The Atascadero Planning Commission, in a regular session assembled on December 18, 2012, resolved to approve an Amendment to Conditional use Permit 2005- 0157, A Master Plan of Development for Planned Development 26, subject to the following: EXHIBIT A: Conditions of approval / Mitigation Monitoring Program EXHIBIT B: Master Plan of Development (2012 Amendment) EXHIBIT C: Floor Plan A (2012 Amendment) EXHIBIT D: Floor Plan A Sections and Elevations (2012 Amendment) EXHIBIT E: Floor Plan B (2012 Amendment) EXHIBIT F: Floor Plan B Sections and Elevations (2012 Amendment) EXHIBIT G: Floor Plan C(2012 Amendment) EXHIBIT H: Floor Plan C Sections and Elevations (2012 Amendment) EXHIBIT I: Floor Plan D (2012 Amendment) EXHIBIT J: Floor Plan D Section and Elevations (2012 Amendment) EXHIBIT L: Project Site Sections and Entry (2012 Amendment) EXHIBIT M: Preliminary Landscape Plan (2012 Amendment) EXHIBIT N: Tree Protection Plan EXHIBIT O: Grading, Drainage and Utility Plan (2 sheets) EXHIBIT P: Approved Street Sections EXHIBIT Q: Proposed Circulation Layout On motion by Commissioner ________, and seconded by Commissioner _______ the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Chuck Ward Planning Commission Chairperson Attest: ______________________________ Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program Planned Development_26 /CUP 2005-0157/ZCH 2005-0101/TTM 2005-0067 Conditions of Approval / Mitigation Monitoring Program The Village at Oakhaven ZCH 2005-0101, CUP 2005-0157, TTM 2005-0067 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Planning Services 1. The approval of this zone change and use permit shall become final and effective 30-days following City Council approval. FM PS 2. The approval of this use permit shall become final and effective for the purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2005-0099 and ZCH 2005-0101 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. FM PS 3. The Community Development Department shall have the authority to approve the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. Any other changes to the Master Plan of Development shall be subject to City Council approval. Any associated Tentative Maps unless shall be subject to Planning Commission approval. BP / FM PS, CE 4. Approval of this Conditional Use Permit shall be valid for twelve (12) months twenty-four (24) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. BP / FM PS 5. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision Ongoing PS 6. All subsequent Tentative Map, Subdivision Improvement Plans and construction permits shall be consistent with the Master Plan of Development contained herein, as amended. BP / FM PS, CE 7. All exterior elevations, finish materials and colors shall be consistent with the Master Plan of Development as shown in EXHIBIT B, D, F and H, J, and M with the following modifications:  All exterior material finishes (siding, trim, doors, windows, light fixtures, garage doors) shall be durable, high quality, and consistent with the architectural appearance. BP PS Conditions of Approval / Mitigation Monitoring Program The Village at Oakhaven ZCH 2005-0101, CUP 2005-0157, TTM 2005-0067 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure  Stucco siding shall be smooth troweled or light sand finish.  Roofs shall be architectural grade dimensional shingles. 8. All site development shall comply with the standards of the Planned Development 26 Overlay District. BP PS, BS 9. All site work, grading, and site improvements shall be consistent with the Master Plan of Development as shown in EXHIBIT B and L.M, O, P and Q, with the following modifications:  Where feasible and as approved by the fire department, looped streets or portions thereof shall be designed as on-way streets. Street sections and widths shall be consistent with Exhibits P and Q. One-Way looped streets may be utilized as approved by the Fire Department and where designed in Exhibit Q.  Should the width of pavement decrease around the proposed neighborhood park, sidewalks shall be provided around the open space area.  The applicant shall work with staff to maximize pedestrian connections throughout the project with additional sidewalks where feasible, the inclusion of speed tables, and crosswalks.  The use of river-rock base or other similar material may be utilized on Plan B.  Project amenities such as signage, mailboxes, and other decorative features shall be approved by Staff and/or the Design Review Committee as directed by the Planning Director. BP/FM PS, BS, CE 10. All project fencing shall be installed consistent with EXHIBIT B, I and J subject to the following modifications:  Fencing material and treatment shall comply with the PD26 standards.  Final fence location shall be subject to staff approval with a detail drawing to be included as a part of the Subdivision Improvement Plan. GP/BP PS 11. Final Selection of colors and materials shall be subject to staff approval and consistent with the master plan of development Exhibits, D, F, H and J. Any deviations from these colors and materials shall be subject to Staff and/or DRC approval as determined by the Planning Director. GP/BP PS 12. A final landscape and irrigation plan shall be approved prior to the issuance of building permits as a part of the Subdivision Improvement Plan and included as part of site improvements plan consistent with EXHIBIT JX, and Conditions of Approval / Mitigation Monitoring Program The Village at Oakhaven ZCH 2005-0101, CUP 2005-0157, TTM 2005-0067 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure as follows:  All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material.  All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site individual lot building permits and/or subdivision improvement plan.  Final tree list shall be submitted with building permits subdivision improvement plan, subject to staff approval.  Street and open space trees shall be minimum 15-gallon size and double staked.  Front yard areas shall be landscaped with drought tolerant species and be consistent with the City’s Water efficient landscape ordinance. All landscaping will be subject to staff approval.  Outdoor furniture shall be included in common open space areas and shown on the subdivision improvement plans and shall be maintained by the homeowners association, subject to staff approval.  Oak trees shall be incorporated in to the detention basin landscaping. 13. The developer and/or subsequent owner shall assume responsibility for the continued maintenance of all landscape and common areas, consistent with EXHIBIT J. 14. Affordable Housing Requirement: The applicant shall deed restrict a minimum of 12 residential units for 30 years, prior to or concurrently with the final map. The income restrictions shall be as follows:  2 very-low income units  5 low-income units  5 moderate income units All units shall be distributed throughout the project, subject to staff approval. GP/BP PS, CA 15. Workforce Housing: Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve ½ of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions:  The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60-days. During this time period offers may only be accepted from Atascadero residents or workers;  The applicant shall provide reasonable proof to the City that at least BP PS, CA Conditions of Approval / Mitigation Monitoring Program The Village at Oakhaven ZCH 2005-0101, CUP 2005-0157, TTM 2005-0067 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure one of the qualified buyers is a resident or worker within the City Limits of Atascadero;  The Atascadero resident or worker restriction shall apply to the initial sale only;  The applicant shall identify which units will be reserved; and The City Attorney shall approve the final form of the agreement. 16. A Tree Protection Plan shall be submitted with subsequent building permits for encroachment within the drip line of native trees located on the subject parcel and any adjacent properties. The applicant will contract with a certified arborist to monitor all activity within the drip lines of existing native oak trees. GP/BP PS 17. An address marker to include address for all units shall be located at the public street access point. The address marker shall be compatible with the project architecture. GP/BP PS 18. The emergency services and facility maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property.  All Atascadero Police Department service costs to the project.  All Atascadero Fire Department service costs to the project.  Off-site common City of Atascadero park facilities maintenance service costs related to the project. BP PS 19. All tract maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains BP PS Conditions of Approval / Mitigation Monitoring Program The Village at Oakhaven ZCH 2005-0101, CUP 2005-0157, TTM 2005-0067 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure within the project. b) All parks, trails, recreational facilities and like facilities. c) All open space and native tree preservation areas. d) All drainage facilities and detention basins. e) All creeks, flood plains, floodways, wetlands, and riparian habitat areas. f) All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. g) All frontage landscaping and sidewalks along arterial streets 20. Prior to final map recordation, the applicant shall submit CC&Rs for review and approval by the Community Development Department. The CC&R’s shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping in perpetuity. b) A detailed list of each individual homeowner’s responsibilities for maintenance of the individual units. c) Residents shall keep all trash receptacles within the unit’s designated trash storage area. d) Garages shall be maintained and used for vehicle parking. e) No boats, RV’s or other type of recreation vehicle may occupy a guest or resident parking space, including within an individual garage. f) A provision for review and approval by the City Community Development Department for any changes to the CC&R’s that relate to the above requirements prior to the changes being recorded or taking effect. g) No parking shall be allowed on a driveway that is less 18-feet in length. BP PS, BS 21. Approval of this permit shall include the removal of 4 Native Trees, totaling 76 inches dbh. The applicant shall be required to pay mitigation fees or provide replantings on-site per the requirements of the Atascadero Native Tree Ordinance. Any additional removals shall be subject to Planning Commission BP PS, BS Conditions of Approval / Mitigation Monitoring Program The Village at Oakhaven ZCH 2005-0101, CUP 2005-0157, TTM 2005-0067 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure approval. 22. The applicant shall work with staff to enhance the architecture of the rear elevations for the units facing El Camino Real 23. Driveway lengths for residential units shall be a minimum of 18-feet in length to meet on-site parking requirements. Driveways than cannot meet this standard shall be no longer than 10-feet in length to prevent driveway parking and additional parking shall be found on-site. BP PS, BS 24. A minimum of Eight (8) common area parking spots shall utilize porous paving, grasscrete or other pervious surface that are adjacent to the dripline of a native tree as approved by the City Engineer to accommodate parking as shown in Exhibit Q. Additional shared parking may utilize pervious surfaces to reduce stormwater runoff as approved by Planning Staff and City Engineer. BP PS, BS 25. Additional landscaping be utilized for the units when facing a public street to soften the appearance of a “blank” façade. This landscaping shall be approved by Staff as a part of the Subdivision Improvement Plan. BP PS, BS 26. Final Map shall be consistent with the lot line layout and common open spaces areas as amended by the Master Plan of Development. FM PS, BS 27. Entry Feature and signage shall be consistent with materials and colors as approved within the master plan of development. Entry feature shall be approved by Staff and will require a building permit. BP PS, BS 28. A deed notification shall be recorded as a part of the issuance of building permits notifying Lots 24,25 and 26 that adjacent single family residential has, by right, the ability to keep and raise farm animals, consistent with the City’s Municipal Code. Language shall be submitted for this deed notification and shall be approved by staff prior to recordation. BP PS City Engineer Conditions PROJECT SPECIFIC CONDITIONS Drainage: 29. Obtain approval by the City Engineer of the grading & drainage plan and the storm drain design & facilities. BP, GP CE 30. Submit calculations to support the design of any structures or pipes. Closed conduits shall be designed to convey the 10-year flow with gravity flow, the 25-year flow with head, and provide safe conveyance for the 100 year BP, GP CE Conditions of Approval / Mitigation Monitoring Program The Village at Oakhaven ZCH 2005-0101, CUP 2005-0157, TTM 2005-0067 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure overflow. 31. Provide for the detention of the 50 year developed storm runoff, while metering out the 2 year undeveloped storm runoff. Metered runoff must follow existing drainage patterns. BP, GP CE 32. Show the method of dispersal at all pipe outlets. Include specifications for size & type. Drainage calculations must show where water flows offsite, and analyze downstream facilities to ensure adequate capacity. BP, GP CE 33. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. BP, GP CE 34. Concentrated drainage from off-site areas shall be conveyed across the project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement can not be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. BP, GP CE Public Improvements and Maintenance: 35. The applicant shall work with the City Engineer to verify adequate sight distance at the project entry/exit. 36. The applicant must provide for the repair and maintenance of on-site shared improvements. This includes roads, sidewalks, street trees, streetlights, private sewer system, drainage facilities, recreation areas and common landscaping. The two methods that may be used are: a. Homeowners Association. This private organization would be responsible for the maintenance, repair and replacement of the facilities. b. Assessment District and Landscape and Lighting District. Funds for the maintenance, repair and replacement of the facilities would be collected on the property tax bill and distributed to the City. The final form shall be acceptable to the City Engineer and City Attorney shall approve the final form prior to map recordation. FM CE 37. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. BP, GP CE 38. The grade lines and location of for all public improvements shown on the tentative map may be subject to change or adjustment by the City Engineer BP, GP CE Conditions of Approval / Mitigation Monitoring Program The Village at Oakhaven ZCH 2005-0101, CUP 2005-0157, TTM 2005-0067 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 39. Construction plans shall include plan and profile of sanitary sewer, storm drain lines, and waterlines. BP, GP CE 40. Full frontage improvements are required with this development. These include curb, gutter, sidewalk and street pave out. Public Improvement plans shall be submitted detailing the design. Final alignment and configuration of El Camino Real shall be determined by the City Engineer. This may require reconfiguration of roadway to allow for parking, bicycle lanes, and / or turn lanes. BP, GP CE 41. All handicap ramps shall be constructed to current accessibility/ADA requirements. , including the use of truncated domes. BP, GP CE 42. Prior to issuance of building permits, the applicant shall submit a grading and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. The owner shall develop a Stormwater Pollution Prevention Plan and comply with the latest Statewide Construction Stormwater Permit. A SWPPP shall be provided to the City prior to building permit issuance. BP, GP CE SANITARY SEWER CONDITIONS 43. The Public Works Department shall approve all wastewater facilities facility prior to construction. This includes pumps, gravity and force mains, cleanouts, manholes and connections. BP, GP CE 44. Applicant shall pay all applicable sewer extension (annexation) fees upon issuance of building permits. Sewer Connection and Reimbursement fees shall be payable upon actual connection of the building sewer to the public sewer system. BP, GP CE 45. Gravity mains and other sewer facilities within the subdivision shall be privately owned and maintained. BP, GP CE 46. Gravity mains within the subdivision shall be eight (8) inches in diameter. BP, GP CE 47. Gravity mains onsite shall end in a manhole. BP, GP CE STANDARD CONDITIONS 48. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. BP, GP CE 49. In the event that the applicant is allowed to bond for the public improvements required as a condition of this map, the applicant shall enter into a Subdivision FM CE Conditions of Approval / Mitigation Monitoring Program The Village at Oakhaven ZCH 2005-0101, CUP 2005-0157, TTM 2005-0067 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Improvement Agreement with the City Council. 50. An engineer’s estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. FM CE 51. The Subdivision Improvement Agreement shall record concurrently with the Final Map. FM CE 52. The applicant shall be responsible for the relocation and/or alteration of existing utilities. BP, GP CE 53. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. BP, GP CE 54. The applicant shall monument all property corners as required by the Subdivision Map Act and for construction control. and Property Corners shall promptly replace them if disturbed. FM CE 55. The applicant shall acquire title interest in any off-site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. FM CE 56. Slope easements shall be provided as needed to accommodate cut of fill slopes. FM CE 57. Drainage easements shall be provided as needed to accommodate both public and private drainage facilities. FM CE 58. The final map shall be signed by the City Engineer prior to the map being placed on the agenda for City Council acceptance. FM CE 59. Prior to recording the tract map, the applicant shall submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. FM CE 60. Prior to recording the tract map, the applicant shall set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. FM CE 61. Prior to recording the map, the applicant shall complete all improvements required by these conditions of approval or provide adequate bonds per the requirements of the Atascadero Municipal Code and Subdivision Map FM CE Conditions of Approval / Mitigation Monitoring Program The Village at Oakhaven ZCH 2005-0101, CUP 2005-0157, TTM 2005-0067 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Act. 62. Prior to recording the tract map, the applicant shall have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the map. FM CE 63. Upon recording the final map, the applicant shall provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. PDF format electronic copy on CD ROM or DVD ROM. FM CE 64. Prior to the final inspection of any public improvements, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. FM CE 65. Prior to the final inspection, the applicant shall submit a written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. BP, GP CE 66. An encroachment permit shall be obtained prior to any work within City rights of way. BP, GP CE 67. Prior to the issuance of building permits the applicant shall submit a grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. BP, GP CE Atascadero Mutual Water Company 68. Before the issuance of building permits, the applicant shall submit plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross-connection devices shall conform to AWWA and California Department of Health Services standards. 69. Before the start of construction on the water system improvements, the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a “deferred connection” agreement. 70. Before issuance of building permits, the applicant shall obtain a “Will Serve” letter from AMWC for the newly created lots within the subdivision. Conditions of Approval / Mitigation Monitoring Program The Village at Oakhaven ZCH 2005-0101, CUP 2005-0157, TTM 2005-0067 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 71. The applicant shall provide AMWC with easements for those water facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 72. The water mains required to serve the project shall be laid out in a grid or looped pattern and shall connect to the existing water mains system in El Camino Real at two points of connection. 73. The applicant shall provide AMWC with easements for those water facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 74. The applicant shall submit a hydraulic analysis to AWMC for the water system improvements for the project. The analysis should take into account the fire flows required by the Uniform Fire Code California Building Code and/or Fire Code and requirements of the California Waterworks Standards. The applicant is responsible for designing and constructing water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project 75. The applicant is responsible for designing and constructing water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. 76. The applicant shall obtain a separate landscape-irrigation meter from AMWC for the common areas within the project. 77. Before construction of the water system improvements, AMWC shall review and approve the landscape plans for the common areas within the project. The landscape plan submittal shall incorporate the following  Plant list w/ Water Use Classification of Landscape Species (WUCOLS) rating specified. Preference shall be given to plants with very low (VL) and low (L) WUCOLS ratings.  Justification for use of plants with WUCOLS rating of M or greater.  Total landscaped area including hardscapes (patios, walks & decks) and planted areas and excluding sidewalks, driveways, streets or parking.  The size and shape of turf areas shall promote for efficient irrigation shall be no less than 8-feet wide. Turf type shall be warm-season grasses. Turf areas shall be kept to a minimum and shall be limited to functional areas only. A goal of the landscape design should be a total turf area of no more than 10% of the total landscaped area 78. Before construction of the water system improvements, AMWC shall review and approve the irrigation plans for the common areas within the project. The irrigation plan submittal shall include the following  Landscape irrigation meter location and size. Conditions of Approval / Mitigation Monitoring Program The Village at Oakhaven ZCH 2005-0101, CUP 2005-0157, TTM 2005-0067 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure  Backflow prevention device type, location, and manufacturer  Flow and precipitation rate for each circuit  Irrigation schedules including schedules for establishment period and post establishment period  Total anticipated water application per circuit per month for both schedules  Total landscape water application.  Use drip irrigation where ever possible  A check valve shall be installed on the lowest head in each sprinkler circuit Atascadero Fire Department 79. Internal project roadway width and turning radius shall comply with City Ladder Truck turning radius standards. Subdivision Improvement Plans shall not be issued without department approval of the circulation system. GP,BP FD 80. “NO PARKING FIRE LANE” signs or red painted curbing shall be placed in required locations as determined and approved by the Fire Department. BP,FL FD 81. All fire hydrant locations must be approved by the Fire Marshal BP, FL FD Mitigation Measures Mitigation Measure 1.c.1: The project shall maintain a minimum 35-foot setback from the eastern property line. A mi9nimum 10-foot wide landscape buffer shall be installed by the developer prior to final and a deed restriction shall be recorded against parcel 24, 25, and 26 requiring continued maintenance of the landscape buffer. The buffer area shall include evergreen screen trees such as live oaks and/or cedars. BP PS 1.c.1 Mitigation Measure 1.d.1: All lighting shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, “hooded” lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 14-feet in height, limit intensity to 2.0 foot candles at ingress /egress, and otherwise 0.6 foot candle minimum to 1.0 maximum in parking areas. Fixtures shall be shield cut-off type. BP PS 1.d.1 Mitigation Measure 3.b.1: The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust (PM-10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 latest Air Quality Handbook.  Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for BP BS 3.b.1 Conditions of Approval / Mitigation Monitoring Program The Village at Oakhaven ZCH 2005-0101, CUP 2005-0157, TTM 2005-0067 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If Naturally Occurring Asbestos (NOA) is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. . If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Should Naturally Occurring Asbestos be identified within the area of construction, and the worked area will be less than or equal to one acre, then the dust control measures identified below are required. If the disturbed area is greater than one acre, additional requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects.  Dust Control Measures for Construction and Grading Operation Projects One Acre or Less: No person shall engage in any construction or grading operation on property where the area to be disturbed is one (1.0) acre or less unless all of the following dust mitigation measures are initiated at the start and maintained throughout the duration of the construction or grading activity: (A) Construction vehicle speed at the work site must be limited to fifteen(15) miles per hour or less; (B) Prior to any ground disturbance, sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; (C) Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; (D) Storage piles must be kept adequately wetted, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile; (E) Equipment must be washed down before moving from the property onto a paved public road; and (F) Visible track-out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four (24) hours Conditions of Approval / Mitigation Monitoring Program The Village at Oakhaven ZCH 2005-0101, CUP 2005-0157, TTM 2005-0067 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Mitigation Measure 3.b.1: Naturally Occurring Asbestos (NOA) has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If naturally occurring asbestos is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. These requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. BP PS 3.b.1 Mitigation Measure 4.e.1: The Grading Plan shall identify tree protection fencing around the dripline, or as recommended by the project arborist, of each existing on-site or off-site native tree. BP PS 4.e.1 Mitigation Measure 4.e.2: Grading and excavation and grading work shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within the area of work shall be fenced for protection with 4 - foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. GP PS 4.e.2 Conditions of Approval / Mitigation Monitoring Program The Village at Oakhaven ZCH 2005-0101, CUP 2005-0157, TTM 2005-0067 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Mitigation Measure 4.e.3: The developer shall contract with a certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre-construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree’s root zone area. (c) As specified by the arborist report and City staff:  Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist;  Remove all debris and spoils from the lot cleaning and tree pru ning.  In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of ¾ inch granite covered with one-inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one-foot by one-foot pothole every four to six linear feet.  All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter.  No grading or trenching is allowed within the fenced protected area.  Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for pro tection were protected during construction, and the construction-related tree protection measures are no longer required for tree protection. GP PS 4.e.3 Mitigation Measure 5.b.1: Should any cultural resources be unearthed during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. GP, BP PS, BS Mitigation Measure 6.b: The grading permit application plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. (See section 8 of the is document). GP CE 6.b Conditions of Approval / Mitigation Monitoring Program The Village at Oakhaven ZCH 2005-0101, CUP 2005-0157, TTM 2005-0067 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Mitigation Measure 6.c.d: A soils report shall be required to be submitted with a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. GP BS 6.c.d Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention Plan (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. BP CE 8.e.f Mitigation Measure 8.e.f.2: The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop work orders. BP BS,PS,CE 8.ef.2 Mitigation Measure 11.d: All construction activities shall comply with the City of Atascadero Noise Ordinance for hours of operation. Ongoing BS/PS 11.d Mitigation Measure 15.a.b.1: Full frontage improvements shall be required along El Camino Real. Internal project circulation shall be designed to enhance flow and minimize traffic conflicts by implementing traffic calming measures and utilizing one-way streets as appropriate and as approved by the Community Development Director. BP BS, PS 15.a.b.1 Mitigation Measure 15.c.1: The Contractor shall maintain one lane for traffic at all times. Traffic control shall be in accordance with the current Caltrans manual for traffic control and work area traffic control handbook. No street or lane closures shall be permitted unless previously arranged for and granted by the City Engineering Department. Ongoing BS, PS 15.c.1 EXHIBIT B: Master Plan of Development/Site Plan – 2012 Amendment EXHIBIT B: Master Plan of Development/Site Plan – 2012 Amendment EXHIBIT C: Floor Plan A – 2012 Amendment EXHIBIT C: Floor Plan A – 2012 Amendment EXHIBIT D: Floor Plan A Sections and Elevations – 2012 Amendment EXHIBIT D: Floor Plan A Sections and Elevations – 2012 Amendment See File for “Building Elevations” EXHIBIT E: Floor Plan B – 2012 Amendment EXHIBIT E: Floor Plan B – 2012 Amendment EXHIBIT F: Floor Plan B Sections and Elevations – 2012 Amendment EXHIBIT F: Floor Plan B Sections and Elevations – 2012 Amendment The use of river rock base is an additional option as approved by the Planning Commission. See File for “Building Elevations” EXHIBIT G: Floor Plan C – 2012 Amendment EXHIBIT G: Floor Plan C – 2012 Amendment EXHIBIT H: Floor Plan C Sections and Elevations – 2012 Amendment EXHIBIT H: Floor Plan C Sections and Elevations – 2012 Amendment See File for “Building Elevations” EXHIBIT I: Floor Plan D – 2012 Amendment EXHIBIT J: Floor Plan D Sections and Elevations – 2012 Amendment EXHIBIT I L: Project Site Sections and Entry – 2012 Amendment EXHIBIT I L: Project Site Sections and Entry – 2012 Amendment Project signage shall be consistent with residential materials and colors Landscaping to be consistent with approved landscaping plan EXHIBIT J M: Preliminary Landscape Plan – 2012 Amendment EXHIBIT J M: Preliminary Landscape Plan – 2012 Amendment EXHIBIT K N: Tree Protection Plan EXHIBIT L O: Grading, Drainage and Utility Plan Grading/Drainage/Utilities Shall be consistent with approved site plan layout in Exhibit B EXHIBIT L O: Grading, Drainage and Utility Plan Grading/Drainage/Utilities Shall be consistent with approved site plan layout in Exhibit B EXHIBIT P: Approved Street Sections EXHIBIT Q: Proposed Circulation Layout Proposed one-way street All streets to be two-way with exception of noted street Common area parking to utilize permeable surface