HomeMy WebLinkAboutPC_2011-09-20_AgendaPacketCITY OF ATASCADERO
PLANNING COMMISSION A GENDA
Regular Meeting
Tuesday, September 20, 2011— 7:00 P.M.
City Hall
Council Chambers
6907 El Camino Real
Atascadero, California
CALL TO ORDER
Pledge of Allegiance
Roll Call: Chairperson Bentz
Vice Chairperson Ward
Commissioner Colamarino
Commissioner Cooper
Commissioner Dariz
Commissioner Schmidt
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 AUGUST 2, 2011.
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City of Atascadero Planning Commission Agenda
COMMUNITY DEVELOPMENT STAFF REPORTS
None
PUBLIC HEARINGS
DISCLOSURE OF EX PARTE COMMUNICATIONS:
Regular Meeting, September 20, 2011
Page 2 of 4
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 Subdivision 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 public hearing will be closed, and the Commission
will discuss the item and take appropriate action(s).)
2. PLN 2011-1410, CONDITIONAL USE PERMIT FOR 5318 PALMA AVE.
Property
St. Luke's Episcopal Church, 5318 Palma Ave., Atascadero, CA 93422
Owner/Applicant:
Project Title:
PLN 2011-1410/Conditional Use Permit 2011-0255
Project
5318 Palma Ave., Atascadero, CA 93422
Location:
APN 029-312-032 (San Luis Obispo County)
Project
A 108 sf expansion of existing non -conforming church facilities to accommodate ADA
Description:
restroom with additional fagade improvements including new windows, steeple, and
interior remodel. Additional landscaping, hardscaping for gathering area also proposed.
Approval of the CUP allows the church to become a conforming use and expansion to
occur.
Zoning: RMF -10 (Residential Multi -Family)
General Plan Designation: MDR (Medium Density Residential)
Class 3 Categorical Exemption -New Construction or Conversion of Small Structures not
Proposed
exceeding 2,500 square feet in floor area.
Environmental
Determination:
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City of Atascadero Planning Commission Agenda
Regular Meeting, September 20, 2011
Page 3 of 4
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 Subdivision 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 public hearing will be closed, and the Commission
will discuss the item and take appropriate action(s).)
3. PLN 2099-1079, AMENDMENT TO CONDITIONAL USE PERMIT 2004-0138,
7392-7398 SANTA YSABEL AVE.
Property Owner:
W2M LLC, 2727 Buena Vista Drive, Paso Robles, CA 93446
Applicant:
Estrella Associates, 2727 Buena Vista Drive, Paso Robles, CA 93446
Project Title:
PLN 2099-0792, Amendment to CUP 2004-0138
Project
7392-7398 Santa Ysabel Ave., Atascadero, CA 93422
Location:
APN 030-123-034, 035, 036, 037 (San Luis Obispo County)
Project
The project was originally approved in 2005 as a 4 unit Planned Development. The
Description:
project was conditioned to use decorative pavers on both the shared driveway and the
individual driveways.
The new project owner is proposing a CUP Amendment in order to use asphalt on the
shared driveway and stained concrete on the four individual driveways in front of the
garages. A revised landscape plan is also included.
Zoning: RMF -20
General Plan Designation: HDR
Consistent with Mitigated Negative Declaration 2005-0001, certified by City Council
Proposed
March 22, 2005.
Environmental
Determination:
COMMISSIONER COMMENTS AND REPORTS
DIRECTOR'S REPORT
ADJOURNMENT
The next regular meeting of the Planning Commission is scheduled for October 4, 2011, 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.
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City of Atascadero Planning Commission Agenda Regular Meeting, September 20, 2011
Page 4 of 4
City of Atascadero
WELCOME TO THE ATASCA DERO 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 EI Camino Real, Atascadero. Matters are considered by the Commission 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 EI 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 reviewed 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 Commission 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 the 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.
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TO:
FROM:
SUBJECT:
DATE:
Planning Commission COPIES (via email):
Wade McKinney, Marcia Torgerson,
Victoria Randall, Brian Pierik,
Department Heads, City Hall
Reception, Atascadero Library
Annette Manier
Administrative Assistant, Community Development Dept.
Additional Information Provided to Planning Commission after
Agenda Packet Distribution
September 19, 2011
Attached is additional information (additional information to Staff Report) that was
provided after the Planning Commission Agenda Packets were distributed. This
information pertains to:
Agenda Item Number: 3 (Re: 7392--7398 Santa Ysabel)
Description: Attachment A
Additional Information provided by applicant
Commission Meeting Date: September 20, 2011
Community Development
6907 Fl Camino Real
Atascadero. CA 93422
(805) 461-5035
MEMORANDUM
September 15, 2011
TO: Planning Commission
FROM: Callie Taylor, Associate Planner
RE: ADDITIONAL INFORMATION FROMAPPLICANTRE: SANTA YSABEL
Staff has received some additional information from the applicant on the CUP Amendment for the Santa
Ysabel Planned Development:
1. Proposed fencing plan provided by applicant is attached. This shows the location and
design detail for the proposed change. Most of the fencing has already been installed on
site, so a site visit would give the best visual of what type of fencing is proposed by the
applicant with the Amendment. A site photo is also attached.
2. The applicant has submitted complete cost estimates for the options of driveway
surfacing discussed.. Applicant's summary is attached as well:
Proposal
Total cost
Cost per unit
1
Approved (2005)
Eco -perm permeable pavers on all
$49,21.6.32
$12,304.08
driveway surfaces
2
Proposed by
Asphalt on shared driveway aisle
$18,291.69
$ 4,572.92
Applicant
Terracotta stained concrete on the
4 individual driveways in front of
garages
3
Recommended by
Concrete on all driveway surfaces
$25,244.09
$ 6,311.02
DRC
with decorative banding
4
4th option not
Terracotta stained concrete on all
$23,003.28
$5,750.82
previously
driveway surfaces
discussed
(No decorative band
recommended by DRC)
j
* Price calculated by staff with
$5.16/sq ft cost provided by
applicant
i- - I ,
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SANTA YSA@EL OEVELCPNIENT
7192-73W GMTA Y: L
.
. ............
.... . .. . ....... . ... ....
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AL
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SANTA YSA@EL OEVELCPNIENT
7192-73W GMTA Y: L
.
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.... . .. . ....... . ... ....
t.�STP:t:'LW
— Creatin T xcepEionaT T xperi.enc< s —
Santa Ysabel Driveway Cast Summary
Cost per
footage I Cost/sq Total i
t l Home
2005 Plan
All Hardscape Pavers
4,458
$ 11.04
$49,216.32
$12,304.08
DRC Alternative
2011
Concrete A rons &Walks
1,784
$ 5.16
$ 9,200.09
t
Concrete Drivewa w/
2,674
$ 6.00
$16,044.00
Decorative bands
Subtotal
$25,244.09
$ 6,311.02
Estrella Alternative
2011
Concrete Aprons & Walks 1,784
$ 5.16
$ 9,200.09
s (Terracotta stained)
{
Asphalt Driveway Aisle
2,674
$ 3.40
$ 9,091.60
Subtotal
$18,291.69
$ 4,572.92
I
2727 Buena Vista Drive - Paso Robles, CA 93446 - Tel 805.238.1031 - Fax 805.238.7664
www. EstrellaAssociates.com - Contractor's License #858787
ITEM NUMBER: 1
DATE: 9-20-11
CITY OF A TA SCA DERO
PLANNING COMMISSION
DRAFT ACTION MINUTES
Regular Meeting — Tuesday, August 2, 2011 — 7:00 P.M.
City Hall Council Chambers
6907 EI Camino Real, Atascadero, California
CALL TO ORDER - 7:00 p.m.
Chairperson Bentz called the meeting to order at 7:00 p.m. and Commissioner Wingett
led the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Colamarino, Dariz, Wingett, Vice Chairperson
Ward, and Chairperson Bentz
Absent: Commissioner Schmidt (excused)
Commissioner Cooper
(Commissioner Cooper joined the hearing at 7:04 p.m.)
Others Present: Recording Secretary Annette Manier
Staff Present: Community Development Director Warren Frace and Assistant
Planner Alfredo Castillo
APPROVAL OF AGENDA
MOTION: By Vice Chairperson Ward and seconded by
Commissioner Colamarino to approve the agenda.
Motion passed 5:0 by a roll -call vote. (Cooper, Schmidt
absent)
PC Draft Action Minutes of 8/2/11
Page 1 of 5
PUBLIC COMMENT
None
PLANNING COMMISSION BUSINESS
None
CONSENT CALENDAR
1. APPROVAL OF ACTION MINUTES OF THE PLANNING COMMISSION
MEETING ON JUNE 7, 2011.
MOTION: By Commissioner Colamarino and seconded by Vice
Chairperson Ward to approve the Consent Calendar.
Motion passed 5:0 by a roll -call vote. (Cooper, Schmidt absent)
COMMUNITY DEVELOPMENT STAFF REPORTS
None
(Commissioner Cooper joined the hearing at 7:04 p.m.)
PUBLIC HEARINGS
2. PLN 2009-1323, CONDITIONAL USE PERMIT FOR 5185 VENADO AVE.
Property Owner:
Randall Kenney, 5185 Venado Ave., Atascadero, CA 93422
Applicant:
Travis Kenney, 5185 Venado Ave., Atascadero, CA 93422
Project Title:
PLN 2009-1323 / CUP 2009-0240
Project
5185 Venado Ave., Atascadero, CA 93422
Location:
San Luis Obispo County (APN 030-251-005)
Project
The proposed project consists of an application to allow a 4,575 square foot (sf)
Description:
oversized accessory structure in the Residential Single -Family (RSF-Z) zone.
General Plan Designation: SFR -Z Zoning District: RSF-Z
No environmental determination has been made on this application at this time. Since
Proposed
staff is recommending denial, the application is exempt from the CEQA process. Should
Environmental
the Planning Commission recommend approval of the project, staff would need to make
Determination:
an environmental determination to move forward.
Staff is recommending denial of the Conditional Use Permit.
Staff
Recommendation:
PC Draft Action Minutes of 8/2/11
Page 2 of 5
DISCLOSURE OF EX PARTE COMMUNICATIONS:
• Commissioner Dariz — no ex parte.
• Commissioner Wingett — had email communication and a phone call with Travis
Kenney.
• Chairperson Bentz — visited the property and talked with Travis Kenney.
• Vice Chairperson Ward — visited the property, chatted with neighbors and he
invited them to the meeting tonight. He also visited with Travis Kenney and told
Mr. Kenney that the Planning Commission was very property -owner friendly and
that he would have a fair hearing. He explained the hearing process.
• Commissioner Colamarino - received an email which was addressed to all
members of the Planning Commission from Randall Kenney which was sent on
July 22, 2011. Commissioner Colamarino sent a written reply dated July 28,
2011, stating he would be uncomfortable meeting in advance with Mr. Kenney,
and is submitting the correspondence as part of the record. (Exhibit A) He drove
by the property today and viewed the premises from the road.
• Commissioner Cooper — no ex parte.
• Chairperson Bentz — mentioned for the record, that each Commission member
received a letter from "Concerned Neighbors of 5185 Venado," which will
become part of the record of this meeting (Exhibit B).
Assistant Planner Castillo gave the staff report and explained the history of the
structure, code enforcement, litigation, and explained staff's findings for
recommendation of denial of the Conditional Use Permit. Mr. Castillo also explained
alternatives to the Commission. Mr. Castillo and Director Frace answered questions
from the Commission.
PUBLIC COMMENT
The following people spoke during public comment: Travis Kenney (applicant) who
handed out some drawings for the Commission (Exhibit C), Olan Kaigel, Central Coast
Building Plans (draftsperson for Mr. Kenney), Kent Kenney who turned in a letter
(Exhibit D), Glenn Allen, Richard Snouffer, Richard Smith, James Worthley, Whit Curtis,
Ann Colby, Jim Malone, Dan Beck, Eric Winslow, Gloria Smith, Marilyn Tonneson,
Travis Kenney (again) and Neil Burke.
Travis Kenney addressed some concerns to the neighbors.
Chairperson Bentz closed the Public Comment period.
Mr. Castillo and Director Frace answered additional questions from the Commission.
PC Draft Action Minutes of 8/2/11
Page 3 of 5
Chairperson Bentz asked the Commission to consider giving staff until September 1,
2011, to go back and work with the property owners and present a solution at the next
meeting. If that solution is not acceptable, then the Commission would take immediate
action. Commissioner Colamarino stated he was in disagreement and believed the
Commission should go with staff's recommendation, but take out "without prejudice"
from the resolution, and deny the CUP "with prejudice." Vice Chairperson Ward said he
was in disagreement with the "with prejudice" wording and he said he would make a
motion. Chairperson Bentz asked the Commission to consider the 30 -days as stated in
the staff report. There was additional discussion. Director Frace answered additional
questions from the Commission.
MOTION: By Vice Chairperson Ward and seconded by Commissioner
Colamarino to approve PC Resolution 2011-0015, a Resolution
of the Planning Commission denying without prejudice, PLN
2009-1323, a Conditional Use Permit request to allow a 4,575 sf
oversized accessory structure on APN 030-251-005, at 5185
Venado Ave.
Motion passed 6:0 by a roll -call vote. (Schmidt absent)
COMMISSIONER COMMENTS AND REPORTS
• Commissioner Cooper stated that some DRC members and members of the
Commission had a tour of Eagle Ranch, and it was enjoyable.
DIRECTORS REPORT
• Director Frace stated Planning Commission meetings will no longer be live -
broadcast by AGP Video due to Council's budget direction, with the exception of
large hearing items, such as the Walmart Specific Plan.
• Director Frace gave an update on the Walmart project.
• The next Planning Commission meeting is scheduled for August 16, 2011, but
currently there are no items scheduled.
• At Vice Chairperson Ward's request, Director Frace commented on the closing of
Shockley's Restaurant, and the 2nd phase of Colony Square.
ADJOURNMENT - 8:45 p.m.
The next regular meeting of the Planning Commission is scheduled for August 16,
2011, at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero.
PC Draft Action Minutes of 8/2/11
Page 4 of 5
MINUTES PREPARD BY:
Annette Manier, Recording Secretary
The following exhibits are available in the Community Development Department:
Exhibit A — Len Colamarino email correspondence
Exhibit B — Concerned Neighbors of 5185 Venado Ave. Letter
Exhibit C — Handouts from Travis Kenney
Exhibit D — Letter from Kent Kenney
\\cityhall\cdvlpmnt\— pc minutes\pc minutes 11\pc draft actn minutes 8 2 11.am.docx
PC Draft Action Minutes of 8/2/11
Page 5 of 5
ITEM NUMBER: 2
DATE: 9-20-11
Atascadero Planning Commission
Staff Report - Community Development Department
Alfredo R. Castillo, AICP, Assistant Planner, 470-3436, acastillo@atascadero.org
PLN 2011-1410
Minor Conditional Use Permit 2011-0255
Religious Facility Expansion in a Residential Zone
5318 Palma Avenue
(St. Luke's Episcopal Church)
SUBJECT:
The proposed project consists of an application for a Minor Conditional Use Permit to
expand existing church facilities in a mulit-family residential zone. The proposed
expansion includes facilities for an ADA compliant bathroom, hardscaping
improvements and landscaping improvements.
RECOMMENDATION:
Staff Recommends:
The Planning Commission adopt Resolution PC 2011-0016 approving Minor Conditional
Use Permit 2010-0255 based on findings and subject to Conditions of Approval.
Situation and Facts
1. Applicant: Mike Ferree, 5318 Palma Avenue, Atascadero, CA
93422
2. Owner: St. Luke's Episcopal Church of Atascadero, 5318
Palma Avenue, Atascadero, CA 93422
3. Project Address: 5318 Palma Avenue, Atascadero, CA 93422
APN 029-312-032
4. General Plan Designation: Medium Density Residential (MDR)
5. Zoning District: Residential Multi -Family (RMF -10)
6. Site Area:
7. Existing Use:
8. Environmental Status
DISCUSSION:
Background
0.72 acres
Existing Church
Section 15303 Categorical Exemption: New
Construction of limited small new facilities.
St. Luke's Episcopal Church has been at its current location since 1958. The use of the
church has been a "non -conforming" use since the City's incorporation and adoption of
the 1983 Zoning Ordinance, which superseded the County's Zoning Ordinance. Church
or religious uses required a Conditional Use Permit (CUP) in residential zones.
Because of the church's non -conforming use status, construction of new facilities has
not occurred. The church attempted to expand in February 1988. The application
consisted of a proposed 2 room utility building for meetings, Sunday school and other
church activities. At that time, staff reviewed the Church's proposal and determined that
the application could not be approved due in part because the Church is located on a
residential street. The Atascadero Municipal Code requires that churches be located on
arterial or collector streets. City Staff could not make the required findings at the time to
allow the CUP application to proceed. The City refunded the application fee.
Over the years, the Church has been allowed to perform remodels and conversions.
Most notably, the City approved the conversion of an existing garage to an office use in
1988. Other improvements on-site that have occurred include parking lot resurfacing
and repaving, kitchen remodel, and relocation of gas meters and lines. All these
improvements have occurred with the proper permits approved by the City.
Earlier this year, the Church approached the City in regards to expansion of the church
facility and remodeling it. The expansion would include an ADA accessible bathroom,
an addition to the existing facility, and a proposed new gathering spot in the front of the
church. Staff reviewed the initial application and determined that the Church could move
forward with the expansion of the facility with approval of a CUP and recommendation
of approval from the Design Review Committee (DRC).
The previous CUP application was denied due to the Church's inability to meet the
standard criteria established for a church or religious facility, however the City's non-
conforming use codes have changed since 1988, allowing the Church to expand
through the CUP process.
Surrounding Land Use and Setting:
North: Residential Multi -Family (RMF -10)
South: Commercial -Retail (CR)
East: Residential Multi -Family (RMF -10)
West: Residential Multi -Family (RMF -10)
Aerial Photo
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The proposed project consists to expand the existing church facilities to accommodate a
108 square foot ADA restroom with additional fagade improvements including new
windows, steeple, and interior remodel. Additionally, the Church is proposing expansion
of the existing office at a later date. Additional landscaping and hardscaping is also
proposed for a new gathering area and entrance way.
The Atascadero Municipal Code Section 9-6.121 provides standards for churches and
related activities. Religious meeting facilities are subject to the following conditions:
9-6.121 Churches and related activities.
(a) Location. Church facilities shall be located on a collector or arterial.
(b) Limitation on Use. When located in an RS, RSF or LSF Zone, related activities may be limited
to a Sunday school, an accessory residence, and small meeting rooms. Schools, gyms and facilities
other than the sanctuary designed for large gatherings may be prohibited. (Ord. 552 § 2,2010; Ord. 169
§ 2 (part), Exh. C, 1988: Ord. 68 § 9-6.121, 1983)
Because Palma Avenue is not a collector or arterial, the existing church facility fails to
meet this criteria, however the Planning Commission may, by Conditional Use Permit,
allow a lot occupied by a non -conforming use to be further developed by the addition of
conforming uses and structures.
9-7.106 Nonconforming uses of land.
Any nonconforming use of land (Section 9-7.102(b)) may be continued as follows:
(a) Expansion. The use may not be enlarged, increased, or extended to occupy a greater area of
land than that occupied on the effective date of this title, except for a detached single-family
residence as provided in subsection (c) of this section.
The Planning Commission may, by conditional use permit, allow a lot occupied by a nonconforming
use to be further developed by the addition of conforming uses and structures.
Staff, working with the Church, determined that all structures proposed would be
conforming uses, as well as proposed moving the existing storage structures to the
proper setback. Based on section 9-7.106, Staff could move this project forward through
the entitlement process.
Existing Site Conditions
The site is less than an acre in size. It consists of the existing Church facility, a cottage,
and the office. There is an existing large turf area utilized by the church that contains a
play structure. Landscaping in the front of the church includes large mature trees,
shrubs, and turf area. The site also includes 30 on-site parking spaces and existing on-
site storage sheds.
Proposed Architectural and Site Plan Changes
The applicant is proposing various modifications to the existing site with the proposed
interior remodel. This includes an addition to the Church that will include the following:
• ADA compliant bathroom;
• proposed new roof;
• new entryway/gathering hardscape area;
• new breezeway connecting the new entryway/gathering to the existing church;
• new monument signage;
• proposed expansion of the existing church office.
The proposed interior remodel would include the addition of an ADA compliant
bathroom for use of congregation members, new windows, flooring, lighting and other
interior improvements that Church members find necessary to extend the life of the
existing building as well as provide a much needed facelift since the last remodel that
was completed over 30 years ago.
Additionally, the applicant is proposing a new hardscaping/landscaping area in the
existing front entry that would include the replacement of turf areas with permeable
roman pavers, additional outdoor seating areas through the use of concrete walls and
benches, and creating ADA accessible paths from the existing parking lot. As a part of
the new landscaping and hardscaping, the applicant is proposing a new monument sign
to replace the existing wooden monument sign in front of the church.
View of Existing Landscaping alongside proposed changes
A new breezeway/covered walkway is also proposed to connect the new hardscaping
and gathering area to the existing church facility. This breezeway would be covered to
allow for small gatherings during inclement weather and provide additional ADA
accessibility from the parking lot.
View of Existing Side Fagade and Proposed Breezeway
Finally, the church is proposing an expansion to the existing office. No architectural
details are included at this point, however, staff will review the building details at the
time of building permit submittal.
Throughout the process, the Church has been very cordial with its neighbors in regards
to the expansion and remodel proposal. The applicant and the Church held an open
house for its surrounding neighbors on Saturday July 16, 2011. At this open house, the
Church presented its plans and answered questions to neighbors. Nine residents
attended this meeting and feedback was generally positive and in support of the plan.
Findings for a Conditional Use Permit
The Planning Commission must make the following five findings in order to approve a
CUP for the medical office use within the commercial tourist zone. If the Commission
chooses to deny the project, site specific findings for denial must be sited.
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, it appears that all of the required findings for approval of a Conditional Use
Permit can be made.
DESIGN REVIEW COMMITTEE RECOMMENDATION
The Design Review Committee (DRC) met on March 3, 2011 to discuss the project. The
Design Review Committee and made the following recommendations:
• Roof colors to be non -reflective earthtones
• Building colors to be neutral/earthtones
• Staff to review colors prior to PC meeting and forward to DRC.
The DRC was in full support of this project. As a project condition, the building colors
will be forwarded to the DRC at the time of building permit submittal to review and
approve the final colors which are based on the type of roofing material that is chosen.
ENVIRONMENTAL DETERMINATION
The project qualifies for a Categorical Exemption under CEQA Section 15303:New
Construction or conversion of Small Structures.
CONCLUSION:
The applicant is proposing an expansion of a non -conforming use through approval of a
CUP. Based AMC Section 9-7.106. The church is a conditionally allowed use in the
RMF zone. All structures on the premise have been permitted through various permits
throughout the years. These additional structures will require building permits and meet
the planning standards. Based on the above analysis and incorporated conditions, staff
believes that the findings for approval of a CUP can be made.
ALTERNATIVES:
1. The Commission may recommend modifications to the project and/or conditions
of approval for the project.
2. The Commission may determine that more information is needed on some
aspect of the project 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 Map, General Plan, and Zoning
Attachment 2:
Aerial Photo
Attachment 3:
Proposed Site Plans
Attachment 4:
Proposed Landscaping Plan
Attachment 5:
Proposed Elevations
Attachment 6:
Proposed Color Board
Attachment 7:
Categorical Exemption
Attachment 8:
Draft Resolution PC 2011-0016
Attachment 1: Location Map, General Plan and Zoning
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Attachment 3: Proposed Site Plan
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Attachment 4: Proposed Landscaping Plans
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ATTACHMENT 7: CEQA Exemption
File
CITY OF ATASCADERO
NOTICE OF EXEMPTION
6907 El Camino Real Atascadero, CA 93422 805.461.5000
FROM: Alfredo R. Castillo, AICP
Assistant Planner
City of Atascadero
6907 El Camino Real
Atascadero, CA 93422
SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public
Resources Code.
Project Title: PLN 2011-1410 /Conditional Use Permit 2010-0255
Project Location: 5318 Palma Avenue, Atascadero, CA 93422, San Luis Obispo County
Project Description: Conditional Use Permit to allow expansion of a non -conforming use to
provide an ADA accessible bathroom, office expansion, exterior remodel, new breezeway,
and landscaping/hardscaping.
Name of Public Agency Approving Project: City of Atascadero
Name of Person or Agency CgMing Out Project: Mike Ferree (applicant)
Exempt Status:
❑ Ministerial (Sec. 15073) ❑ Emergency Project (Sec. 1507 (b) and (c))
❑ Declared Emergency (Sec. 15061 (a)) ❑ General Rule Exemption (Sec. 15061.c)
® Categorically Exempt (Sec. 1530 1)
Reasons why project is exempt: Class 3 of the California Environmental Quality Act (CEQA)
(Section 15303, new construction or conversion of small structures) exempts new construction of
conversion of small structures not exceeding 2,500 square feet in floor area.
Contact Person: Alfredo R. Castillo, AICP (805) 461-5000 ext. 3436
Date: September 9, 2011 "� 6 -
Alfredo R. Castillo, AICP
Assistant Planner
ATTACHMENT 8: Draft Resolution PC 2011-0016
DRAFT RESOLUTION PC 2011-0016
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO APPROVING PLN 2011-1410/MINOR
CONDITIONAL USE PERMIT 2011-0255 TO ALLOW RELIGIOUS
FACILITY WITHIN THE MULTI -FAMILY RESIDENTIAL ZONE
AT APN 029-312-032
(5318 Palma Avenue / Ferree / St. Luke's Episcopal Church)
WHEREAS, an application has been received from Applicant, Mike Ferree, (5318 Palma
Avenue, Atascadero, CA 93422) and Property Owner, St. Luke's Episcopal Church of
Atascadero (5318 Palma Avenue, Atascadero, CA 93422) to consider a project consisting of a
Minor Conditional Use Permit to establish a religious facility (CUP 2011-0255); and,
and,
WHEREAS, the site's General Plan Designation is Medium Density Residential (MDR);
WHEREAS, the site's Zoning is Multi -Family Residential (RMF -10); and,
WHEREAS, a Minor Conditional Use Permit is required to establish a religious facility
use within the Multi -Family Residential zone; and,
WHEREAS, the proposed project qualifies for an Categorical Exemption consistent with
CEQA section 15303: Existing Facilities, and: minor modifications; 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 Minor
Conditional Use Permit 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
Conditional Use Permit; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on September 20, 2011, studied and considered the Minor Conditional Use
Permit 2011-0255, and,
NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Findings of Environmental Exemption. The Planning Commission finds
as follows:
1. The proposed project has been found Categorically Exempt under Class 3, Section 15303
and Existing Facilities, and minor modifications of the California Environmental Quality
Act.
SECTION 2. Findings for approval of Minor Conditional Use Permit. 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); 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. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development; and,
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.
SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular
session assembled on September 20, 2011 resolved to approve the Minor Conditional Use Permit
2011-0255 subject to the following:
EXHIBIT A:
Conditions of Approval
EXHIBIT B:
Site Plan
EXHIBIT C:
Landscaping Plan
EXHIBIT D:
Elevations
EXHIBIT E:
Color Board
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
David Bentz
Planning Commission Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
EXHIBIT A: Conditions of Approval
(PLN 2011-1410/CUP 2011-0255)
Conditions of Approval /Mitigation Monitoring Program
Timing
Responsibility
PLN -2011-141 0
/Monitoring
PS: Planning Services
5 318 PALMA
BL: Business License
GP: Grading Permit
BS: Building Services
FD: Fire Department
BP: Building Permit
PD: Police Department
FI: Final Inspection
CE: City Engineer
TO: Temporary Occupancy
WW: Wastewater
F0: Final Occupancy
CA: City Attorney
Planning Department Standard Conditions
1. This Conditional Use Permit shall be for 5318 Palma Avenue
Ongoing
PS
described on the attached exhibits and located on parcel 029-
312-032 regardless of owner.
2. The approval of this use permit shall become final and effective
Ongoing
PS
for the purposes of issuing building permits fourteen (14) days
following the Planning Commission approval unless prior to the
time, an appeal to the decision is filed as set forth in Section 9-
1.111(b) of the Zoning Ordinance.
3. The Community Development Department shall have the
BP
PS, CE
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. The Planning Commission shall have the
final authority to approve any other changes to the Master Plan
of Development unless appealed to the City Council.
4. Approval of this Conditional Use Permit shall be valid for twenty-
BP
PS
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.
5. The applicant shall defend, indemnify, and hold harmless the
Ongoing
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 master plan of
development.
6. Prior to the issuance of a building permit, color board shall be
BP
PS
approved by the DRC.
7. Applicant shall utilize either a metal roof or asphalt shingle roof.
BP
PS
If a metal roof is utilized, colon(s) shall consist of non -reflective
earthtone like colors.
8. Landscape design shall utilize plant selection consistent with
BP
PS
approved conceptual landscaping plan.
9. Hardscaping shall include porous pavers or a similar paving
BP
PS
system that reduced the amount of impervious surface.
Conditions of Approval /Mitigation Monitoring Program
Timing
Responsibility
PLN -2011-141 0
/Monitoring
PS: Planning Services
5 318 PALMA
BL: Business License
GP: Grading Permit
BS: Building Services
FD: Fire Department
BP: Building Permit
PD: Police Department
FI: Final Inspection
CE: City Engineer
TO: Temporary Occupancy
WW: Wastewater
F0: Final Occupancy
CA: City Attorney
Building Division Conditions
10. Accessible paths of travel we will need those paths clearly
BP
PS
defined and included some field elevation points, as well as
slopes and cross slopes at the time of building permit submittal
11. All building improvements shall meet the latest building code
BP
PS
standards at the time of submittal for a building permit.
Public Works Project Conditions
City Engineer Project Conditions
1. All public improvements constructed in the right of way will require
a separate encroachment permit. The application for the
BP
CE
encroachment permit will be submitted with the building permit.
2. The proposed drive approach shall be constructed according to
Standard 424 or 425 of the City's Standard Specifications and
BP
CE
Drawings. The exact standard will be provided by the City
Engineer.
3. Alignment of any required or proposed frontage improvements
BP
CE
(drive approach etc.) shall be approved by the City Engineer.
4. Full frontage improvements (curb, gutter, sidewalk) will be required
if:
a. The valuation of the proposed onsite improvements (building
additions and site improvements) exceeds 25% of the
assessed value of the existing building(s) and site
improvement(s)
BP
CE
b. The total valuation of all permits issued over a 12 month
period exceeds 25% of the value of the existing building(s)
and site improvements.
All valuations are based on the City Building Department's
estimate of building values and the County Assessor's
assessment role at the time of application.
5. Applicant shall include erosion and sedimentation control details
BP
CE
on the building plans for review and approval.
6. Drainage piping serving fixtures which have flood level rims
located below the elevation of the next upstream manhole cover of
the public or private sewer serving such drainage piping shall be
BP
CE
protected from backflow of sewage by installing an approved type
backwater valve. Fixtures above such elevation shall not
discharge through the backwater valve.
Conditions of Approval /Mitigation Monitoring Program
Timing
Responsibility
PLN -2011-141 0
/Monitoring
PS: Planning Services
5 318 PALMA
BL: Business License
GP: Grading Permit
BS: Building Services
FD: Fire Department
BP: Building Permit
PD: Police Department
FI: Final Inspection
CE: City Engineer
TO: Temporary Occupancy
WW: Wastewater
F0: Final Occupancy
CA: City Attorney
City Engineer Standard Conditions
7. In the event that the applicant bonds for the public improvements
GP, BP
CE
required as a condition of this map, the applicant shall enter into a
Subdivision Improvement Agreement with the City Council.
8. An engineer's estimate of probable cost shall be submitted for
GP, BP
CE
review and approval by the City Engineer to determine the amount
of the bond.
9. A six (6) foot Public Utility Easement (PUE) shall be provided
GP, BP
CE
contiguous to the property frontage.
10. The applicant shall acquire title interest in any off-site land that
GP, BP
CE
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.
11. Drainage easements shall be obtained by the applicant as needed
GP, BP
CE
to accommodate both public and private drainage facilities.
12. Prior to the issuance of building permits the applicant shall submit
GP, BP
CE
plans and supporting calculations/reports including street
improvements, underground utilities, composite utilities, and
grading/drainage plans prepared by a registered civil engineer for
review and approval by the City Engineer.
13. Prior to the issuance of building permits the applicant shall submit
GP, BP
CE
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 overflow.
14. Prior to the issuance of building permits the applicant shall provide
GP, BP
CE
for the detention and metering out of developed storm runoff so
that it is equal to or less than undeveloped storm runoff.
15. Drainage basins shall be designed to desilt, detain and meter
GP, BP
CE
storm flows as well as release them to natural runoff locations.
16. A mechanism for funding and maintenance of the storm drain
GP, BP
CE
facilities shall be provided.
17. Prior to the issuance of building permits the applicant shall show
GP, BP
CE
the method of dispersal at all pipe outlets. Include specifications
for size & type.
18. Prior to the issuance of building permits the applicant shall show
GP, BP
CE
Conditions of Approval /Mitigation Monitoring Program
Timing
Responsibility
PLN -2011-141 0
/Monitoring
PS: Planning Services
5 318 PALMA
BL: Business License
GP: Grading Permit
BS: Building Services
FD: Fire Department
BP: Building Permit
PD: Police Department
FI: Final Inspection
CE: City Engineer
TO: Temporary Occupancy
WW: Wastewater
F0: Final Occupancy
CA: City Attorney
method of conduct to approved off-site drainage facilities.
19. Concentrated drainage from off-site areas shall be conveyed
GP, BP
CE
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 cannot be obtained the storm water release must follow
the exact historic path, rate and velocity as prior to the subdivision.
20. Applicant shall submit erosion control plans and a Storm Water
GP, BP
CE
Pollution Prevention Plan (SWPPP). The Regional Water Quality
Control Board shall approve the SWPPP.
21. All public improvements shall be constructed in conformance with
GP, BP
CE
the City of Atascadero Engineering Department Standard
Specifications and Drawings or as directed by the City Engineer
22. Project shall include construction of curb, gutter and sidewalk
GP, BP
CE
along entire frontage.
23. Alignment of frontage improvements shall be approved by the City
GP, BP
CE
Engineer.
24. All utilities shall be undergrounded on project frontage
GP, BP
CE
EXHIBIT B: Site Plan
(PLN 2011-1410/CUP 2011-0255)
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EPISCOPAL CHURCii Ip�»Gna �d sull aIIVG
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EXHIBIT C: Landscaping Plan
(PLN 2011-1410/CUP 2011-0255)
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EPISCOPAL CHURCH L7EaC9 +nd C3UILOINC
nc.� CA 93422 _1 rarvews G ertwlKcn�C.�� +t c !
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EXHIBIT D: Elevations
(PLN 2011-1410/CUP 2011-0255)
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ITEM NUMBER: 3
DATE: 9-20-11
Atascadero Planning Commission
Staff Report - Community Development Department
Callie Taylor, Associate Planner, 470-3448, ctaylor@atascadero.org
PLN -2099-1079
CUP 2004-0138 Amendment
7392-7398 Santa Ysabel
(W2M, LLC / Estrella Associates)
RECOMMENDATIONS:
Staff recommends the Planning Commission adopt Resolution PC 2011-0017,
approving an Amendment to the Master Plan of Development (CUP 2004-0138) to allow
a concrete driveway with decorative banding as recommended by Design Review
Committee, and approve modified fencing and landscape design.
REPORT -IN -BRIEF:
The proposed Amendment includes revisions to the Master Plan of Development for the
4 -unit Planned Development located at 7392 Santa Ysabel Ave. These revisions
include:
1. Proposed material change for the shared and individual driveways
2. Modified fencing design and materials
3. Revised landscape plan
DISCUSSION:
Situation and Facts:
1. Owner/Applicant : W2M, LLC/ Estrella Associates
2727 Buena Vista Dr. Paso Robles, CA 93446
2. Project Address: 7392, 7394, 7396, & 7398 Santa Ysabel Ave.
APN 030-123-034, 035, 036, 037
3. General Plan Designation: High Density Residential (HDR)
4. Zoning District:
5. Site Area:
6. Existing Use:
7. Environmental Status
Background:
Residential Multi -Family -20 with Planned
Development 7 overlay (RMF -20 / PD 7)
4 lots, ranging from 2,745 to 4,552 sq. ft. each
14,668 sq. ft. total area
4 units currently under construction
Consistent with Certified Mitigated Negative
Declaration 2005-0001
The subject site located at 7392 - 7398 Santa Ysabel Avenue is a four (4) unit Planned
Development approved in 2005 as a PD -7 with a Master Plan of Development (CUP
2004-0138). In 2007, building permits were issued and construction began on the four
detached homes on individual lots. However, the project went into foreclosure prior to
the completion of the units, and the units sat unfinished for several years.
A new owner has recently purchased the four lots and is in the process of completing
the on-site improvements and individual units for sale. The new developer has obtained
financing through the San Luis Obispo County Trust Fund in exchange for providing the
units for sale to qualified moderate income buyers. The new owner has applied for a
CUP Amendment to request modifications to some of the requirements of the original
project in order to reduce costs of construction.
Analysis:
1. Proposed Change in Driveway Material
When the Planned Development was approved in 2005, the project included decorative
pavers on the shared driveway off Santa Ysabel as well as the 4 individual driveways in
front of the garages. The new property owner is proposing to pave the shared driveway
with an asphalt surface, and use stained concrete for the 4 individual driveways. An
Amendment to the CUP is required in order to allow the asphalt driveway. The detention
basin on site will need to be enlarged to compensate for the additional impervious
surface created by asphalt or concrete, instead of the pervious pavers which were
originally included with the design to handle some drainage.
2005 Approved Site Plan & Driveway Material
N 4rW E 100.07
Site Materials Proposed by Applicant
E'I NGDEfENNONBAGIN
-----------------------------------
3
_________------ _,_-_____-__--..-
I �
1
n AT3 Asphalt
I
1 _
1 ------- - I . n
1 GARAGE___
I Stained.�
1
1 . � Concrete
t
Stained
1 Concrete GARAGE
II n Stained ------ n
1
1 - Concrete
1
I I
I
Lo -
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�— I - ------------� - --
Asphalt on shared driveway
LM I
L
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COMMON AREA LEGEND:
COMMON AREA (LANDSCAPE) = 31 19 5F.
I
1 4
F—] CONCRETE WALKWAY = 330 5F.
I
1 N
I }
CONCRETE APRONS = 1454 5F.
I z
� ASPHALT DRIVEWAY = 2674 SF.
I
I
� COMMON AREA WOOD FENCE = 174 LF.
GAraGE Stained
Concrete
Terracotta color stained concrete
proposed on 4 individual driveways
75
CLS
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U)
One of the required findings for approval of a Planned Development is that the project
offers certain redeeming features to compensate for the smaller lot sizes and modified
setbacks permitted through a PD (AMC Section 9-3.644, Required findings). The City
Council adopted a "Planned Development Benefits Policy" in order to evaluate the
benefits and set benchmarks for Planned Developments. All of the Tier 1 benefits are
considered by the City Council to be mandatory elements of a Planned Development,
and are required in order to justify the rezone. In 2005, the Planning Commission and
City Council found that the subject PD -7 on Santa Ysabel met all of the Tier 1 benefits,
consistent with City Council policy:
Adopted Planned Development Benefits Policy:
PD Location
Tier 1 Benefits
Tier 2 Benefits
Inside of Urban Core
ti
a) Pocket Parks in larger projects
b) High Quality Architectural ■
b) Trails/ Walkways for Pedestrian
RD -14
Design
Connectivity
PD -7
F3 . ri�l�r4�wlity.�;?rr�I?.
Custom -PD s
d) Buffering between Urban and
Suburban zones (large lot sizes,
increased setbacks, landscape
buffers, etc_`
e) Higher density to meet Housing
Element goals
Outside of Urban Core
a) Natural Open Space Preservation
a) Multi -Purpose Trails — Equestrian /
Rural / Suburban Areas
Bicycle / Pedestrian
PD -16
b) Recreational Areas / Facilities
Custom PD's
c) Historic Preservation
Given that the common driveway is often a major design element in a small lot
residential development, decorative driveway material, such as pavers or stained and
stamped concrete, has been the standard for compliance with the Tier 1 benefits since
City Council's adoption of the Planned Development Benefits Policy. When surfaced in
an upgraded material, these small shared driveways are often used as gathering areas
and create more a of courtyard area for the residents, rather than being just a vehicular
access way. In viewing previously constructed PD's in the City, it is evident by the
driveway material if the project was approved in the 1990's, before the adoption of the
Benefits Policy, or if the project was designed to meet current Council Policy for high
quality site and architectural design in a Planned Development. Photos in Attachment 3
show examples of past projects for comparison of the visual appearance of driveway
materials.
In addition to the conditions of CUP 2005-0138 and the standards of the Planned
Development Benefits Policy, a change in driveway material to non -decorative surface
would also require an exception to the landscape standards identified in Section 9-4.125
of the Municipal Code.
AMC Section 9-4.125 (Landscape standards): "A minimum five (5) foot landscape
strip must be provided within the side yard setback of all commercial and
multifamily project sites, except in locations where a reciprocal access easement
exists with the adjacent lot or commercial building is located. This side yard width
may be reduced to three (3) feet if decorative concrete pavement is utilized."
With the inclusion of the engineered detention basin along the side of the driveway, the
landscape area along the northern property line has been reduced to 2 -feet in width with
the approved building plans. Therefore, per Section 9-4.125 of the Municipal Code, the
entire driveway must be paved with a decorative surface, such as decorative concrete
or pavers, as it does not provide the minimum 5 -foot landscaped setback required for
development of a multi -family site. This landscaped setback and decorative driveway
material is requirement of all multi -family and commercial properties in the City, not just
Planned Development. An exception to this code requirement may be permitted, as
requested by the applicant, to modify the landscape requirements of Section 9-4.125
through Planning Commission, "if a finding can be made that existing vegetation
topography or structural arrangement preclude the need for this landscaping and/or
special paving requirement."
On September 8, 2011, the Atascadero Design Review Committee discussed the
request from the applicant to use asphalt on the shared driveway instead of pavers.
After discussion of different options, DRC voted to recommend to the Planning
Commission that the driveway be permitted to be paved in concrete, without
special stamping or color stain, provided that a decorative banding (such as
bricks or pavers) was used at intervals throughout the driveway to break up and
enhance the plain surface.
The applicant has provided a cost summary of the various surface options in order to
provide Planning Commission with a scale of cost in comparison to material.
1
Approved (2005)
Eco -perm permeable pavers on all hardscape
$49,216.32
2
Proposed by
Asphalt on shared driveway aisle
$18,291.69
Applicant
Terracotta stained concrete on the 4
individual driveways in front of garages
3
Recommended
Concrete on all driveway surfaces with
by DRC
decorative banding
2. Fencing Design
In order to match the Pueblo Revival theme of the four homes in the PD, the Planning
Commission included specific requirements for the fencing within this project during the
2005 review and approval:
CUP 2004-0138, Condition #10: All project fencing shall be installed consistent with EXIHBIT D
subject to the following mitigations:
• The design of all fencing shall be of high architectural quality, durability, and compatible
with the selected architectural building design, subject to staff approval. Where existing
perimeter fencing is retained, it shall be repaired to perform as fully and aesthetically
functional.
• Fence and gates specifically between lots 1 and 2; and lots 3 and 4 shall be designed as a
stucco wall with heavy wood gate and heavy iron hardware, designed consistent with the
proposed buildings and architectural style, subject to staff approval.
Fencing Plan Approved for Construction
The current property owner has installed a 6 foot high wood fence between the four
homes when the Planning Commission had conditioned stucco walls. This installed
fence does not follow the conditions of approval laid out in CUP 2004-0138 (above)
which calls for stucco and split face block walls, with iron hardware to match the Pueblo
style units. An Amendment to the conditions of approval is required in order to permit
the fences as installed.
Staff recommends that the fences be allowed as installed as all wood fences, rather
than the stucco and split face block previously conditioned. However, staff recommends
that a decorative cap be used to top off the fences and hide the dog eared top of the
precut fence boards. A dark color stain would also help to make the fence blend with
the architecture of the homes and provide high quality design appearance. Decorative
gates with iron ornamentation would also enhance the design and be more consistent
with the architectural style. Also, fences within the front setback should not exceed three
feet in height.
3' retaining wall with 6' wood fence above
On north_;property line
i-•�l l-1 +�� J-F� i ii -J -■ i
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-- 6' Stucco W-a{If_
6' wall in
Between units;
6' Stucco Wali
dark color
-
Between units — ; ;- -4
Split Face
- -
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Block on
o Driveway
rear
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.,.� • •;
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�'a i=FF paJ 11•4l-0J-•-JL-1
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6' Wood Fence All.gafe-s:-3'
WLde with Heavy Iron Hardware
On side property lines
The current property owner has installed a 6 foot high wood fence between the four
homes when the Planning Commission had conditioned stucco walls. This installed
fence does not follow the conditions of approval laid out in CUP 2004-0138 (above)
which calls for stucco and split face block walls, with iron hardware to match the Pueblo
style units. An Amendment to the conditions of approval is required in order to permit
the fences as installed.
Staff recommends that the fences be allowed as installed as all wood fences, rather
than the stucco and split face block previously conditioned. However, staff recommends
that a decorative cap be used to top off the fences and hide the dog eared top of the
precut fence boards. A dark color stain would also help to make the fence blend with
the architecture of the homes and provide high quality design appearance. Decorative
gates with iron ornamentation would also enhance the design and be more consistent
with the architectural style. Also, fences within the front setback should not exceed three
feet in height.
3. Landscape Plan
The applicant has also included a revised landscape plan with the proposed
amendment. Staff supports the changes to the landscape plan and believes that it is in
conformance with the intent of the original Master Plan of Development. Some specific
conditions in the CUP will need to be modified to allow the landscape changes as
proposed. Those changes have been included in the attached resolution to allow the
landscape plan as proposed by the applicant.
2005 Approved Landscape Plan
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Proposed Environmental Determination
The proposed CUP Amendment is consistent with Mitigated Negative Declaration 2005-
0001 which was prepared for the original project and certified by the Atascadero City
Council. The proposed project amendments are minor in nature and will not create
additional environmental impacts.
rnnc111cinn
The proposed project includes an Amendment to the Master Plan of Development (CUP
2005-0138) for a four unit Planned Development at 7392 Santa Ysabel. The new project
owner is proposing to pave the shared driveway with asphalt and individual driveways
with stained concrete. Staff and the Design Review Committee recommend that the
Planning Commission approve modifications the approved CUP to allow concrete
surface with decorative banding on the entire driveway, plus a modified fencing deign,
and a modified landscape plan, subject to revised conditions.
Conditions and exhibits in the attached resolution have been included to carry out the
recommendations by DRC and staff as discussed in this staff report. The unchanged
original CUP conditions and project mitigation measures shall remain in place for the
Amended project. Added conditions are shown as underlined, and deleted conditions
are shown as strikethrough in the attached resolution.
ALTERNATIVES
1. The Planning Commission may approve the Amendment with modified conditions
of approval.
2. The Planning Commission may deny the Amendment based on appropriate
findings. The motion to deny must include a finding for denial. The original
project conditions and exhibits would be required to be constructed as approved
in 2005.
3. The Planning Commission may continue the application and refer the project
back to staff for additional information or analysis. Direction should be given to
staff and the applicant.
ATTACHMENTS:
Attachment 1:
Location Map, Zoning and General Plan
Attachment 2:
Site Plan Approved with CUP 2005
Attachment 3:
Proposed Site Materials
Attachment 4:
Proposed Landscape Plan
Attachment 5:
City Council Planned Development Benefits Policy
Attachment 6:
Examples of Planned Development Driveway Paving
Attachment 7:
Letter from Neighboring Property Owner
Attachment 8:
Draft Resolution
Attachment 1: Location Map, General Plan and Zoning
.7364 RSF-Y
7397
7379 7399
' 7395
• 7401
RMF -20 .7378 7393 407
' 7407
7407
7383 7386 407
7380
7386 7407
' 7380• 7407 • 7417
7394
7396 -
• •7410 741-
7398 7411
• 7440 '
' 743
CR •7420 7437
7430 74
7401
7408
401 746$740808
740i1•7408
403
7405
7390 '
74367436
7405 -.71136
7329 Santa Ysabel
General Plan Designation: High Density Residential (HDR)
Zoning District: Residential Multi -Family -20 with Planned Development 7 overlay (RMF -20 / PD 7)
Attachment 2: Site Plan Approved with CUP (2005)
Attachment 3: Proposed Site Materials
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Attachment 4: Proposed Landscape Plan
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7.
Attachment 5: City Council Planned Development Policy
A. Planned Development Benefits Policy (adopted)
Section 9-3.644 of the Planned Development Overlay Zone requires that a finding of
public benefit be made with the approval of any planned development overlay zone
request. The following planned development benefits have been established by the
Atascadero City Council (January 31, 2004 strategic planning session) for projects both
inside and outside of the urban core (refer to Urban Framework Diagram).
The benefits are divided into two levels, Tier 1 and Tier 2. All of the Tier 1 benefits are
considered by the City Council to be mandatory elements of a Planned Development
project. Tier 2 benefits will not apply to all projects but should be incorporated when
applicable. For example if a Colony House exists on a project site it should be preserved
and incorporated into the project as a Tier 2 Historic Preservation benefit.
PD Location
Tier 1 Benefits
Tier 2 Benefits
Inside of Urban Core
a)
Affordable / Workforce Housing
a)
Pocket Parks in larger projects
b)
High Quality Architectural Design
b)
Trails / Walkways for Pedestrian
PD -7
PD -17
c)
High Quality Landscape Design
Connectivity
ftY
Custom PD's
d)
Buffering between Urban and
c)
Historic Preservation
Suburban zones (large lot sizes,
increased setbacks, landscape
buffers, etc.)
e)
Higher density to meet Housing
Element goals
Outside of Urban Core
a)
Natural Open Space Preservation
a)
Mufti -Purpose Trails — Equestrian
Rural I Suburban Areas
Bicycle / Pedestrian
PD -16
b)
Recreational Areas / Facilities
Custom PD's
c)
Historic Preservation
Attachment 6: Examples of Planned Development Driveways
ravers & uecor�
IllVG l.vlll,l CLO VII JIICII CU rQl nIlly l-UUI L.
Pavers & Decorative Concrete on Shared Parking Court:
Asphalt on Shared Driveway:
Attachment 7: Letter from Neighbor
From: David G. Graham, EA [mailto:dgraham@northcountytax.com]
Sent: Tuesday, September 13, 2011 1:44 PM
To: Warren Frace
Cc: Len Colamarino
Subject: PLN 2099-0792
Mr. Frace,
September 13, 2011
Re: PLN 2099-0792, Amendment to CUP 2004-0138
The fact that Estrella Associates is completing the project at 7392-7398 Santa is very commendable.
The developers request for a change in the type of surface for the shared driveway from all pavers to a
mixture of black asphalt and stained (iron oxide) concrete would give an unsightly appearance to the
original upscale appearance of the project. While I can understand the developers desire to cut costs, the
mixture of black from the asphalt and reddish brown from the stained concrete would present a very
unpleasant appearance. A much better appearance, and one that would more suitably fit the project
would be to use stained concrete for both the shared drive and the garage aprons. Hopefully this would
reduce costs sufficiently for the developer and his investors.
Thank you for your consideration.
Sincerly,
David Graham
7350 Santa Ysabel Ave
Atascadero, CA 93422
(805) 466-2637
ATTACHMENT 8: Draft Resolution PC 2011-0017 Amendment to CUP 2004-00138
DRAFT RESOLUTION PC 2011-0017
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING
AN AMENDMENT TO CONDITIONAL USE PERMIT 2004-0138
(MASTER PLAN OF DEVELOPMENT)
AT 73929 73949 73969 7398 Santa Ysabel
(W2M, LLC / Estrella Associates)
WHEREAS, an application has been received from Estrella Associates / W2M, LLC
(2727 Buena Vista Drive, Paso Robles, CA 93446) Owner and Applicant, to consider a project
consisting of an Amendment to the Master Plan of Development (CUP 2004-0138) for a four (4)
unit Planned Development at 7392, 7394, 7396, and 7398 Santa Ysabel (APN 030-123-034
through 037); 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 7 overlay (RMF -20 / PD 7); and,
WHEREAS, the PD -7 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
2004-0138) 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 September 20, 2010, studied and considered the Master Plan of
Development Amendment (Amendment to CUP 2004-0138), 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 -7 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 September 20, 2011, resolved to approve an Amendment to Conditional use Permit 2004-
0138, A Master Plan of Development for Planned Development 7, subject to the following:
1. EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program
2. EXHIBIT B: Master Plan of Development (Site Plan) (Amended 2011)
3. EXHIBIT C: Statistical Project Summary
4. EXHIBIT D: Landscape Plan (Amended 2011)
5. EXHIBIT E: Grading and Drainage Plan
6. EXHIBIT F: Floor Plans, Elevations
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
David Bentz
Planning Commission Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
EXHIBIT A: Conditions of Approval /Mitigation Monitoring Program
PD -7 Master Plan of Development Amendment (CUP 2004-0138)
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business License
BS: Building Services
7392 Santa Ysabel Ave.
GP: Grading Permit
FD: Fire Department
BP: Building Permit
PD: Police Department
FI: Final Inspection
CE: City Engineer
PD -7 Master Plan o f Development
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
CUP 2004-0138 / ZCH 2004-0090
FO: Final Occupancy
Planning Services
1. The approval of this zone change and use permit shall become final
BP
PS
and effective following City Council approval.
2. Approval of this Master Plan of Development shall be valid concurrently
FM
PS
with the life of Tentative Parcel Map 2004-0066 and then indefinitely
following final map. The Master Plan of Development approval shall
expire and become null and void unless a final map is recorded
consistent with the Master Plan of Development.
3. Subsequent changes to the Master Plan of Development shall be
On-going
PS
approved by the Planning Commission, independent of Council action.
4. The Community Development Department shall have the authority to
BP/FM
PS
approve the following minor changes to the project the (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. The Planning
Commission shall have the final authority to approve any other
changes to the Master Plan of Development and any associated
Tentative Maps.
5. All subsequent Maps and construction permits shall be consistent with
BP/FM
PS
the Master Plan of Development contained herein.
6. The applicant shall defend, indemnify, and hold harmless the City of
BP/FM
PS
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 project.
7. All exterior elevations, finish materials and colors shall be consistent
BP
PS
with the Master Plan of Development as shown in EXHIBITS D and F
to include the following, subject to staff approval:
■ The applicant shall submit a new color board to reflect deep earth -
tone colors, consistent with the selected architectural style, subject
to final staff approval. If La Habra Stucco Colors are used, select
from the following: Santa Fe, San Simeon, Sierra Tan, Alamo,
Adobe, Mirage or Viejo.
■ Exterior stucco shall be smooth hand trowled as noted on Exhibit
F.
■ All exterior windows shall be of beige, taupe or similar color and
not be white.
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business License
BS: Building Services
7392 Santa Y s a b e l Ave.
GP: Grading Permit
FD: Fire Department
BP: Building Permit
PD: Police Department
FI: Final Inspection
CE: City Engineer
PD -7 Master Plan o f Development
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
CUP 2004-0138 /ZCH 2004-0090
FO: Final Occupancy
■ All windows and garage doors shall be recessed and not be flush
with the exterior stucco finish.
■ Improve the window fenestration of the lot #2 east elevation by
adding and organizing windows and/or other architectural
treatment.
■ Proposed EI Camino blend or similar selection of Spanish tile color
tile is acceptable, subject to staff approval.
■ All garage doors shall be of architectural grade and high durable
quality and painted to match or compliment the final approved
building colors. Garage doors may either be purchased from the
factory in a color approved by staff, or may be purchased in a
primer finish to be painted in a color approved by staff.
8. All site development shall be consistent with the maximum intensities
BP/FM
PS
described in the statistical project summary as shown in EXHIBIT B
AND C.
9. All site work, grading, and site improvements shall be consistent with
BP/FM
PS
the Master Plan of Development as shown in EXHIBITS B THROUGH
E with the following minor site modification:
• The Lot 4 driveway shall be modified to allow a vehicle to back
out in a southerly direction.
• The shared and individual driveways on site shall be surfaced in
either pavers, stained concrete, or plain concrete with
decorative banding.
10. All project fencing shall be installed consistent with EXHIBIT D subject
BP/FM
PS
to the following modifications:
• The design of all fencing shall be of high architectural quality,
durability, and compatible with the selected architectural building
design, subject to staff approval. Where existing perimeter fencing
is retained, it shall be repaired as required to perform as fully and
aesthetically functional.
• Fenne and notes c n;finolly hefi.o
.e n lets 9 n!! 2; and lets 3 and
s
A shall he rJns;nnnd os o ,.,
s+nnn all ...;+h heo.... Wood gates shall
utilize and heavy iron hardware, designed consistent with the
proposed buildings and architectural style, subject to staff
approval.
• Wood fences shall include a decorative cap to hide the dog eared
precut tops. All wood fences shall be stained a dark color.
• Fences within the front setback shall not exceed three (3) feet in
height. This includes fences along the side propeqK1bL±gLgLe
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business License
BS: Building Services
7392 Santa Y s a b e l Ave.
GP: Grading Permit
FD: Fire Department
BP: Building Permit
PD: Police Department
FI: Final Inspection
CE: City Engineer
PD -7 Master Plan o f Development
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
CUP 2004-0138 /ZCH 2004-0090
FO: Final Occupancy
within the front setback area.
11. A final landscape and irrigation plan shall be submitted with the final
BP
PS
map application and shall be approved with recordation of the final
map. Landscaping shall be included as part of site improvement plan
consistent with EXHIBIT D, as conditioned. Landscaping shall be
installed prior to final of each building permit. All exterior meters, air
conditioning units, and mechanical equipment shall be screened with
landscape material. Trash/recycle container areas shall be screened
with fencing or landscape.
The developer shall landscape all front and street -facing side yards,
and rear yards and privacy shrubs and trees be planted along the
north, south and west sides of the development, subject to staff
approval. All landscape maintenance shall be the responsibility of the
individual property owner.
All proposed tree locations, species, and sizes shall be as identified in
EXHIBIT D, as conditioned. Trees shall be double staked.
■ The drainage detention basin shall be landscaped by the
developer and maintained by the homeowner homeowner's
association or other mechanism approved by the City.
■ Additional tree and shrub plantings shall be located along the
north, south and west edges of the overall site to add privacy
between existing adjacent residences and to buffer any
commercial uses to the west, subject to staff approval. Final
street tree species selection shall be subject to staff approval.
\A/est ern Redd d planting shall ben Rded alnnn the north
lots 1 and 2, spacing and to
side of quantities subject sta
■ Driveway paver selection shall be compatible with proposed
architecture and subject to final staff approval.
■ Walkways to each front door and the "bridge walkway" are not
required to be constructed with pavers, and may be of smooth
brushed concrete finish.
■ The project may incorporate carefully designed and constructed
low front yard landscape walls to match the building parapet
wall finishes and colors, subject to staff approval.
12. Affordable Housing Requirement: The applicant shall either designate
FM, BP
PS, CE
one unit as moderate -income unit, deed -restricted for a 30 -year period
or pay an in -lieu fee of 5% of the valuation of the market rate unit(s)
prior to or concurrent with final map.
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business License
BS: Building Services
7392 Santa Y s a b e l Ave.
GP: Grading Permit
FD: Fire Department
BP: Building Permit
PD: Police Department
FI: Final Inspection
CE: City Engineer
PD -7 Master Plan o f Development
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
CUP 2004-0138 /ZCH 2004-0090
FO: Final Occupancy
13. Affordable Workforce Housing
FM, BP
PS, CE
Prior to recordation of final map, the applicant shall enter into a legal
agreement with the City to reserve 1/2 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 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.
14. All exterior material finishes (stone, siding, stucco facades, accent
BP
PS
materials, lighting, garage doors) shall be durable, high quality, and
consistent with the architectural appearance of each home.
15. Prior to final map, the applicant shall submit CC&Rs for review and
BP
PS
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.
b. A detailed list of each individual homeowner's
responsibilities for maintenance of the individual units.
C. Individual unit's responsibility for keeping all trash
receptacles within the unit's garage.
d. 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.
16. The emergency services and facility maintenance costs listed below
FM
PS
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
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business License
BS: Building Services
7392 Santa Y s a b e l Ave.
GP: Grading Permit
FD: Fire Department
BP: Building Permit
PD: Police Department
FI: Final Inspection
CE: City Engineer
PD-7 Master Plan o f Development
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
CUP 2004-0138 /ZCH 2004-0090
FO: Final Occupancy
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
17. All tract maintenance costs listed below shall be 100% funded by the
FM
PS
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.
■ All streets, sidewalks, roads, and sewer mains within the project.
• All drainage facilities and detention basins.
■ All common landscaping areas, street trees, medians, parkway
planters, manufactured slopes outside private yards, and other
similar facilities.
■ All frontage landscaping and sidewalks along arterial
City Engineer Standard Conditions
18. All public improvements shall be constructed in conformance
FM/FO
PW
with the City of Atascadero Engineering Department Standard
Specifications and Drawings and/or as directed by the City
Engineer.
19. In the event that the applicant is allowed to bond for the public
FM
PW
improvements required as a condition of this map, the applicant
shall enter into a Subdivision Improvement Agreement with the
City Council.
20. An engineer's estimate of probable cost shall be submitted for
FM
PW
review and approval by the City Engineer to determine the
amount of the bond.
21. The Subdivision Improvement Agreement shall record
FM
PW
concurrently with the Final Map.
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business License
BS: Building Services
7392 Santa Y s a b e l Ave.
GP: Grading Permit
FD: Fire Department
BP: Building Permit
PD: Police Department
FI: Final Inspection
CE: City Engineer
PD -7 Master Plan o f Development
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
CUP 2004-0138 /ZCH 2004-0090
FO: Final Occupancy
22. An encroachment permit shall be obtained prior to the issuance
BP
PW
of building permit.
23. A six (6) foot Public Utility Easement (PUE) shall be provided
FM
PW
contiguous to the Sinaloa Avenue property frontage.
24. The applicant shall be responsible for the relocation and/or
BP
PW
alteration of existing utilities.
25. The applicant shall install all new utilities (water, gas, electric,
BP
PW
cable TV and telephone) underground. Utilities shall be
extended to the property line frontage of each lot or its public
utility easement.
26. The applicant shall monument all property corners for
FM
PW
construction control and shall promptly replace them if
disturbed.
27. The applicant shall acquire title interest in any off-site land that
FM
PW
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.
28. Slope easements shall be provided as needed to accommodate
FM
PW
cut of fill slopes.
29. Drainage easements shall be provided as needed to
FM
PW
accommodate both public and private drainage facilities.
30. A preliminary subdivision guarantee shall be submitted for
FM
PW
review in conjunction with the processing of the parcel map.
31. All existing and proposed utility, pipeline, open space, or other
FM
PW
easements are to be shown on the parcel map. If there are
building or other restrictions related to the easements, they shall
be noted on the parcel map. The applicant shall show all
access restrictions on the parcel map.
32. The final map shall be signed by the City Engineer prior to the
FM
PW
map being placed on the agenda for City Council acceptance.
33. Prior to recording the parcel map, the applicant shall submit a
FM
PW
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.
34. Prior to recording the parcel map, the applicant shall set
FM
PW
monuments at all new property corners. A registered civil
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business License
BS: Building Services
7392 Santa Y s a b e l Ave.
GP: Grading Permit
FD: Fire Department
BP: Building Permit
PD: Police Department
FI: Final Inspection
CE: City Engineer
PD -7 Master Plan o f Development
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
CUP 2004-0138 /ZCH 2004-0090
FO: Final Occupancy
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.
35. Prior to recording the parcel map, the applicant shall pay all
FM
PW
outstanding plan check/inspection fees.
36. Prior to recording the parcel map, the applicant shall complete
FM
PW
all improvements required by these conditions of approval.
37. Prior to recording the parcel map, the applicant shall have the
FM
PW
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 parcel map
38. Upon recording the final map, the applicant shall provide the
FM
PW
City with a black line clear Mylar (0.4 mil) copy and a blue line
print of the recorded map.
39. Prior to the final inspection of any public improvements, the
BP
PW
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.
40. Prior to the final inspection, the applicant shall submit a written
BP
PW
certification from a registered civil engineer or land surveyor that
all survey monuments have been set as shown on the final
map.
City Engineer Project Conditions
41. Driveway approaches shall be constructed to current ADA
FM/BP
PW
regulations. This includes a 4 -foot landing at the back of the
driveway approach. If necessary, applicant shall supply public
pedestrian easement to allow for landing.
42. Buildings shall be connected by four individual 4" sewer laterals,
FM/BP
PW
or a single 6" sewer lateral.
43. All sewer laterals serving buildings where the finish floor is less
FM/BP
PW
than 12 -inches above the next upstream manhole shall be fitted
with a backflow prevention device.
44. A drainage report prepared by a civil engineer shall be
FM/BP
PW
submitted for review and approval of the City Engineer, prior to
building permit issuance or recordation of the final map. A
detention basin shall be provided for all increased runoff in
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business License
BS: Building Services
7392 Santa YsabeI Ave.
GP: Grading Permit
FD: Fire Department
BP: Building Permit
PD: Police Department
FI: Final Inspection
CE: City Engineer
PD -7 Master Plan o f Development
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
CUP 2004-0138 /ZCH 2004-0090
FO: Final Occupancy
accordance with the City Municipal Code and Engineering
Standards.
Atascadero Mutual Water Company
45. Before the issuance of building permits, the applicant shall
BP
BS
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.
46. Before the start of construction on the water system
BP
BS
improvements, the applicant shall pay all installation and
connection fees required by AMWC.
47. Before issuance of building permits, the applicant shall obtain
BP
BS
a "Will Serve" letter from AMWC for the newly created lots
within the subdivision.
48. Separate water meters for domestic water service are
BP
BS
required for each individual lot.
Mitigation Measures
Exhibit A
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
ZCH 2004-0090
GP: Grading Permit
BP: Building Permit
PS: Planning Services
BS: Building Services
TO: Temporary
FD: Fire Department
Occupancy
PD: Police Department
7392 Santa YsabeI Ave.
FI: Final inspection
F0: Final Occupancy
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Mitigation Measure 3.b.1: The project shall be conditioned to comply
BP
BS/PS
3.16.1
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.
Section 6.3: Construction Equipment
• Maintain all construction equipment in proper tune according to
manufacturer's specifications.
• Fuel all off-road and portable diesel powered equipment,
including but not limited to bulldozers, graders, cranes, loaders,
scrapers, backhoes, generator sets, compressors, auxiliary
Conditions of Approval /
Mitigation Monitoring Program
7392 Santa Y s a b e l Ave.
PD -7 Master Plan o f Development
CUP 2004-0138 /ZCH 2004-0090
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
power units, with ARB certified motor vehicle diesel fuel (Non -
taxed version suitable for use off-road).
• Maximize to the extent feasible, the use of diesel construction
equipment meeting the ARB's 1996 or newer certification
standard for off-road heavy-duty diesel engines.
Section 6.4: Activity Management Techniques
• Develop a comprehensive construction activity management
plan designed to minimize the amount of large construction
equipment operating during any given time period.
• Schedule of construction truck trips during non -peak hours to
reduce peak hour emissions.
• Limit the length of the construction workday period, if
necessary.
• Phase construction activities, if appropriate.
Section 6.5: Fugitive PM10
All of the following measures shall be included on grading, demolition
and building plan notes:
A. Reduce the amount of the disturbed area where possible.
B. Use of water trucks or sprinkler systems in sufficient quantities to
prevent airborne dust from leaving the site. Increased watering
frequency would be required whenever wind speeds exceed 15
mph. Reclaimed (non -potable) water should be used whenever
possible.
C. All dirt stockpile areas should be sprayed daily as needed.
D. Permanent dust control measures identified in the approved project
re -vegetation and landscape plans should be implemented as soon
as possible following completion of any soil disturbing activities.
E. Exposed ground areas that are planned to be reworked at dates
greater than one month after initial grading should be sown with a
fast -germinating native grass seed and watered until vegetation is
established.
F. All disturbed soil areas not subject to re -vegetation should be
stabilized using approved chemical soil binder, jute netting, or other
methods approved in advance by the APCD.
G. All roadways, driveways, sidewalks, etc., to be paved should be
complete as soon as possible. In addition, building pads should be
laid as soon as possible after grading unless seeding or soil binders
are used.
H. Vehicle speed for all construction vehicles shall not exceed 15 mph
on any unpaved surface at the construction site.
I. All trucks hauling dirt, sand, soil, or other loose materials are to be
covered or should maintain at least two feet of freeboard (minimum
vertical distance between top of load and top of trailer) in
accordance with CVC Section 23114.
J. Install wheel washers where vehicles enter and exit unpaved roads
onto streets, or was off trucks and equipment leaving the site.
K. Sweep streets at the end of each day if visible soil material is carried
onto adjacent paved roads. Water sweepers with reclaimed water
should be used where feasible.
L. The contractor or builder shall designate a person or persons to
monitor the dust control program and to order increased watering, as
necessary, to prevent transport of dust off site. The name and
telephone number of such persons shall be provided to the APCD
prior to land use clearance for map recordation and land use
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business License
BS: Building Services
7392 Santa Y s a b e l Ave.
GP: Grading Permit
FD: Fire Department
BP: Building Permit
PD: Police Department
FI: Final Inspection
CE: City Engineer
PD-7 Master Plan o f Development
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
CUP 2004-0138 /ZCH 2004-0090
FO: Final Occupancy
clearance for finish grading of any structure.
Mitigation Measure 6.b.1: All cut and fill slopes shall be hydro seeded
BP
BS/PS
6.b.1
with an appropriate erosion control method (erosion control blanket,
hydro-mulch, or straw mulch appropriately anchored) immediately after
completion of earthwork between the months of October 15 through April
15. All disturbed slopes shall have appropriate erosion control methods
in place. Duration of the project: The contractor will be responsible for
the cleanup of any mud or debris that is tracked onto public streets by
construction vehicles.
Mitigation Measure 4.e.1: The Precise Grading Plan shall identify tree
BP
BS/PS
4.e.1
protection fencing around the drip line of each existing on-site tree and/or
native shrub mass within 20 feet of construction activity.
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 drip
line 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.
Mitigation Measure 6.c.d.1: A soils report shall be required to be
BP
BS
6.c.d.1
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
Mitigation Measure 6.e.1: Percolation tests are required in the City of
BP
BS/PS
6.e.1
Atascadero before building permits for residences can be issued.
Mitigation Measure 11.d.1: All construction activities shall comply with
BP
BS/PS
11.d.1
the City of Atascadero Noise Ordinance for hours of operation.
EXHIBIT B: Master Plan of Development (Site Plan)
E�
c
Driveway material shall be either i Q
pavers, stained concrete, or plain
concrete with decorative banding,
subject to staff approval
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EXHIBIT C: Statistical Summary of Project
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EXHIBIT F: Elevations, Lot #1
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EXHIBIT F: Elevations, Lot #2
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EXHIBIT F: Floor plans, lot #4
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