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HomeMy WebLinkAboutPC_2011-12-06_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION A GENDA Regular Meeting Tuesday, December 6, 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 NOVEMBER 15, 2011. 2. APPROVAL OF THE 2012 PLANNING COMMISSION MEETING SCHEDULE. Find us on http://www.facebook.com/gapes/City-of-Atascadero-Planninci/175544509158142 City of Atascadero Planning Commission Agenda COMMUNITY DEVELOPMENT STAFF REPORTS Regular Meeting, December 6, 2011 Page 2 of 6 3. PLN 2011-1399 / TREE REMOVAL PERMIT 2011-0151 FOR 6907 EL CAMINO REAL Property Owner/ City of Atascadero, 6907 EI Camino Real, Atascadero, CA 93422 Applicant: Certified Arborist: A & T Arborists, PO Box 1311, Templeton, CA 93465 Project Title: PLN 2011-1399 / TRP 2011-0151 Atascadero Creek Pedestrian Bridge, Tree Removal & CEQA Certification Project Location: Atascadero Creek Reservation #3-B, APN 029-361-003 (Behind City Hall) Project Description: A downtown pedestrian bridge is planned over Atascadero Creek to connect the Sunken Gardens to Colony Square. Construction of the bridge includes removal and/or significant trimming of up to 6 native trees. Removals and/or significant trimmings consist of two (2) sycamores (removal of stump sprouts and south truck only), two (2) black walnuts, one (1) 4 -inch live oak, and one (1) dead tree which is identified as either a cottonwood or a sycamore (identification difficult due to condition of dead tree). Only branches or trunks which directly interfere with the bridge installation shall be removed. General Plan Designation: Open Space Zoning District: Open Space Based on the Initial Study prepared for the project, a Mitigated Negative Declaration is Proposed proposed for Planning Commission certification. The Mitigated Negative Declaration is Environmental available for public review from 11/7/11 through 12/6/11 at 6907 EI Camino Real, Determination: Community Development Department from 8:30 a.m. to 5:00 p.m. Monday through Thursday. ®Find ebb Facebook http://www.facebook.com/pages/City-of-Atascadero-Planning/175544509158142 City of Atascadero Planning Commission Agenda PUBLIC HEARINGS Regular Meeting, December 6, 2011 Page 3 of 6 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).) 4. PLN 2099-0818, AMENDMENT TO CUP 2005-0175 AND TPM 2005-0080 FOR 13000 ATASCADERO AVE., (PREVIOUSLY EAGLE CREEK GOLF COURSE) Property Kevin McGurty, 14002 San Antonio Road, Atascadero, CA 93422 Owner/Applicant: Project Title: PLN 2099-0818, Amendment to Amendment to CUP 2005-0175 and TPM 2005-0080 Eagle Creek Golf Course, Conversion to Residential Structures Project Location: 13000 Atascadero Ave., Atascadero, CA 93422 APN 045-391-020 and 025 (San Luis Obispo County) Project An amendment to the 2007 Conditional Use Permit and Tentative Parcel Map is currently Description: being proposed. The current property owner is proposing not to complete the site grading, access road, or new landscape in the open space area which was proposed by the previous owner and conditioned with the project in 2007. The existing structures near Atascadero Road (previously the golf course restaurant, club house, and storage buildings) would be converted into 2 single-family residences, consistent with the current General Plan Land Use Designation, Zoning, and Planned Development overlay. Zoning: Residential Single Family -Y (RSF-Y) with P-8 overlay General Plan Designation: Single Family Residential -Y (SFR -Y) Based on the Initial Study prepared for the project, a Mitigated Negative Declaration is Proposed proposed for Planning Commission certification. The Mitigated Negative Declaration is Environmental available for public review from 11/17/11 through 12/6/11 at 6907 EI Camino Real, Determination: Community Development Department from 8:30 a.m. to 5:00 p.m. Monday through Thursday. ®Find ebo Facebook http://www.facebook.com/pages/City-of-Atascadero-Planning/175544509158142 City of Atascadero Planning Commission Agenda Regular Meeting, December 6, 2011 Page 4 of 6 5. PLN 2007-1190, AMENDMENT TO CONDITIONAL USE PERMIT 2007-0203 FOR 9525 GALLINA COURT Property Milan and Ruth Vrajich, 9525 Gallina Court, Atascadero, CA 93422 Owners/Applicants: Robert Davis, 8787 Plata Lane #5, Atascadero, CA 93422 Project Title: PLN 2007-1190 Amendment to Conditional Use Permit 2007-0203 Project Location: 9525 Gallina Court, Atascadero, CA 93422 APN 054-272-025 (San Luis Obispo County) Project The proposed project consists of an application for an Amendment to a Conditional Use Description: Permit of a previously approved Conditional Use Permit (PLN 2007-1190) to increase the number of residential care patients from 10 patients to 15 patients at an existing residential care facility located at 9525 Galina Court Zoning: Residential Suburban (RS) General Plan Designation: Residential Estate (RE) Proposed General Plan Designation: Service Commercial (SC) Environmental Class 1 CEQA Exemption: Existing Facilities. Determination: 6. PLN 2099-0284, RECONSIDERATION OF CONDITIONAL USE PERMIT 2005-0161 Property James Duty, 8787 Plata Lane #3, Atascadero, CA 93422 Owners/Applicants: Robert Davis, 8787 Plata Lane #5, Atascadero, CA 93422 Project Title: PLN 2099-0284 Reconsideration of Conditional Use Permit 2005-0161 Project Location: 8900, 8910 EI Camino Real, Atascadero, CA 93422 APN 056-051-033 (San Luis Obispo County) Project The proposed project consists of an application for a Reconsideration of a Conditional Description: Use Permit to permit construction of Phase II storage building. The new building would include 1,000 sf expansion of an existing automotive repair shop and 2,920 sf of additional indoor storage for a total of 3,920 sf building, consistent with the previous project approval of a 4,000 sf future storage building. Zoning: Commercial Service (CS) General Plan Designation: Service Commercial (SC) Project Consistent with Adopted Mitigated Negative Declaration 2005-0031. Proposed Environmental Determination: ®Find ebo Facebook http://www.facebook.com/pages/City-of-Atascadero-Planning/175544509158142 City of Atascadero Planning Commission Agenda Regular Meeting, December 6, 2011 Page 5 of 6 COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for December 20, 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. rind us on Facebook � htt //www.facebook.com/pages/City-of-Atascadero-Planninp/175544509158142 City of Atascadero Planning Commission Agenda Regular Meeting, December 6, 2011 Page 6 of 6 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. ®Find ebb Facebook http://www.facebook.com/pages/City-of-Atascadero-Planning/175544509158142 ITEM NUMBER: 1 DATE: 12-6-11 CITY OF A TA SCA DERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting — Tuesday, November 15, 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 Cooper, Dariz, Schmidt, Wingett, Vice Chairperson Ward, and Chairperson Bentz Absent: Commissioner Colamarino (excused) Others Present: Recording Secretary Annette Manier Victor Montgomery, RRM Design Group Steve Weinberger, W -Trans Randy Chafin, Michael Brandman Associates Jason Brandman, Michael Brandman Associates Staff Present: Community Development Director Warren Frace Public Works Director Russ Thompson Associate Planner Callie Taylor Assistant Planner Alfredo Castillo Deputy Director of Public Works -Engineering David Athey Fire Marshal Tom Peterson Community Services Director Brady Cherry PC Draft Action Minutes of 11/15/11 Page 1 of 4 APPROVAL OF AGENDA MOTION: By Commissioner Cooper and seconded by Commissioner Schmidt to approve the agenda. Motion passed 6:0 by a roll -call vote. (Colamarino absent) PUBLIC COMMENT None PLANNING COMMISSION BUSINESS None CONSENT CALENDAR 1. APPROVAL OF ACTION MINUTES OF THE PLANNING COMMISSION MEETING ON OCTOBER 4, 2011. MOTION: By Commissioner Schmidt and seconded by Vice Chairperson Ward to approve the Consent Calendar. Motion passed 6:0 by a roll -call vote. (Colamarino absent) COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS None PC Draft Action Minutes of 11/15/11 Page 2 of 4 COMMUNITY WORKSHOP 2. PLN 2008-1280, EAGLE RANCH SPECIFIC PLAN WORKSHOP Property Owner: Eagle Ranch, LLC c/o Greg Smith and Jeff Smith, PO Box 25010, Ventura, CA 93002 Applicant: RRM Design Group, 3765 S. Higuera St., Ste. 102, San Luis Obispo, CA 93401 Project Title: PLN 2008-1280 / Eagle Ranch Specific Plan Project Location: Eagle Ranch (San Luis Obispo County) Project The Eagle Ranch Specific Plan is a 3,450+ acre, undeveloped area containing 450+ Description: undeveloped Atascadero Colony lots and a network of un -built Colony roads that were originally established by E. G. Lewis' 1914 Atascadero Colony Map. The Specific Plan would reconfigure these colony lots into a master planned community that includes housing, commercial uses, parks, trails, open space, and tourist serving facilities. Director Frace introduced City staff, Steve Weinberger from W -Trans, Randy Chafin from Michael Brandman Associates and Jason Brandman from Michael Brandman Associates. Director Frace explained the process of tonight's informal meeting, and explained that the public will be given an opportunity to ask questions. Director Frace gave the history and background on the Eagle Ranch project. Director Frace also explained that there will be future meetings, including a LAFCO public review process. The City's website will accept comments on the project, and the public can put comment cards in the comment card box at the back of the room. Comments will be considered during the development of the EIR. Randy Chafin, Director of Environmental Planning with Michael Brandman Associates, gave a presentation on the project. (Exhibit A) Victor Montgomery, RRM Design Group, gave a presentation on the project. (Exhibit B) PUBLIC COMMENT The following people spoke during public comment: Alana Reynolds, Sherry Condon, Paul Hyman, Barry Baker, Jody Smith, Diana Larsen, Mark Frazier, Twyla Martin, Dennis Derickson, Red Heesch, Terry Grebel, Matt Gillette, Brenda Noel, Kris Hollensen, Fred Collins, Craig Smith, Ellen Beraud. Staff and consultants answered questions from the public. The meeting was video -recorded and is available on the City's website for public review. Chairperson Bentz closed the public comment period. PC Draft Action Minutes of 11/15/11 Page 3 of 4 Commissioners made comments about the larger issues surrounding Eagle Ranch, asked questions, and made comments about the project. Director Frace answered questions from the Commission. Chairperson Bentz stated that the EIR will be the next step in the process and that document will address the public's concerns. The Planning Commission did not take any action on the project. COMMISSIONER COMMENTS AND REPORTS None DIRECTORS REPORT • Director Frace announced again that the next step for the Eagle Ranch project will be a joint session with the Planning Commission and City Council to review comments. • Director Frace stated that the next meeting is scheduled for December 6, 2011. ADJOURNMENT - 9:21 p.m. The next regular meeting of the Planning Commission is scheduled for December 6, 2011, at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. MINUTES PREPARD BY: Annette Manier, Recording Secretary The following exhibits are available in the Community Development Department. Exhibit A — Presentation from Michael Brandman Associates Exhibit B — Presentation by RRM Design Group \\cityhall\cdvipmnt\— pc minutes\pc minutes 11\pc draft actn minutes 11 15 11.am.docx PC Draft Action Minutes of 11/15/11 Page 4 of 4 DRAFT ITEM NUMBER: 2 DATE: 12-6-11 CITY OF ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT Planning Commission DRAFT Meeting Schedule 2012 MEETING DATE� MEETING TYPE TIME LOCATION: ChambersCity Hall Council 6907 El Camino Real Atascadero January 3 No Meeting 7:00 p.m. January 17 Regular 7:00 p.m. February 7 Regular 7:00 p.m. February 21 Regular 7:00 p.m. March 6 March 20 Regular Regular 7:00 p.m. 7:00 p.m. " " April 3 Regular 7:00 p.m. " April 17 Regular 7:00 p.m. " May 1 Regular 7:00 p.m. " May 15 Regular 7:00 p.m. " June 5 Regular 7:00 p.m. " June 19 Regular 7:00 p.m. " July 3 Regular 7:00 p.m. " July 17 Regular 7:00 p.m. " August 7 Regular 7:00 p.m. " August 21 Regular 7:00 p.m. " September 4 Regular 7:00 p.m. " September 18 Regular 7:00 p.m. " October 2 Regular 7:00 p.m. " October 16 November 6 Regular 7:00 p.m. 7:00 p.m. " Regular " November 20 Regular 7:00 p.m. " December 4 Regular 7:00 p.m. " December 18 Regular 7:00 p.m. " \\Cityhall\cdvlpmnt\PC Meeting Schedule\Draft PC Meeting Schedule 2012.doc 6907 EL CAMINO REAL, ATASCADERO, CA 93422 . (805) 461-5000 9 FAX (805) 461-7612 ITEM NUMBER: 3 DATE: 12-6-11 Atascadero Planning Commission Staff Report — Community Development Department Callie Taylor, Associate Planner, 470-3448, ctaylor@atascadero.org PLN 2011-1399 / TRP 2011-0151/ PPN 2011-0249 Atascadero Creek Pedestrian Bridge Tree Removal & CEQA Certification (City of Atascadero) SUBJECT: The Atascadero Redevelopment Agency is currently working on a downtown pedestrian bridge over Atascadero Creek to connect the Sunken Gardens to Colony Square. Construction of the bridge includes the proposed removal and/or significant trimming of up to six (6) native trees. RECOMMENDATION: Staff Recommends: Planning Commission adopt resolution PC 2011-0022 to allow the removal and/or significant trimming of up to 6 native trees, including two (2) sycamores, two (2) black walnuts, one (1) 4 -inch live oak, and one (1) dead cottonwood/sycamore (species unclear due to condition). Situation and Facts - 1 . acts:1. Property Owner/Applicant: City of Atascadero, 6907 EI Camino Real Atascadero, CA 93422 2. Project Address: Atascadero Creek Reservation #3-B, APN 029-361-003 (Behind City Hall) 3. Certified Arborist: A & T Arborists, PO Box 1311, Templeton, CA 93465 4. General Plan Designation: Open Space (OS) 5 Zoning District: Open Space (OS) 6 Site Area: Approx. 3 acre site ITEM NUMBER: 3 DATE: 12-6-11 DISCUSSION: Background: The 2005 Downtown Revitalization Plan (See attachment 3) envisioned an Atascadero Creek pedestrian bridge and creek side trail that would connect Downtown to Colony Square. With the completion of the Galaxy Theatre at Colony Square, the pedestrian bridge has become the number one priority for the Redevelopment Agency. Staff is currently working on the design and engineering for the pedestrian bridge, which is scheduled to be installed next summer, 2012. One of the primary purposes of the pedestrian bridge is to improve pedestrian circulation throughout the Downtown, which will benefit businesses and make more public parking available for Colony Square. In order to make this connection, the City has acquired a 2,500 square foot lot along East Mall which will allow for a straight line pedestrian connection with a plaza area between East Mall and Colony Square. A conceptual Master Plan of the Downtown Atascadero Creek block overall Master Plan for the plaza, trails, and pedestrian bridge has been developed in association with the Design Review Committee, Main Street, the Historic Society, and the plans were reviewed by the Redevelopment Agency/Council on November 22. The plan envisions a number of possible improvements that would enhance pedestrian circulation and access to the creek as well as creating a new public gathering place tentatively called "Centennial Plaza." The project would provide the following features and public benefits: • Pedestrian connection to Colony Square • Improved downtown parking • Downtown restroom for Sunken Garden / Transit Center • Creek side trail • Creek restoration and improved public access with interpretive signage • Improved visibility and police monitoring of Creek • ADA parking for City Hall and Colony House • Relocation of Colony houses from Walmart project area (EIR mitigation requirement) • Public enhancement project for Atascadero's Centennial celebration in 2013. • Enhanced location for Tent City / Colony Days • Public art ITEM NUMBER: 3 DATE: 12-6-11 �41 � r' Conceptual Master Plan of the Downtown Atascadero Creek block SUNKEN GARDEN d�C OJ East Mall - - CEWENWQ VIAU IC IB I IA 1 2 3 1 4 1 5 6, 7 d 9 10 F 11 n, 12 13 „m® 15 , . 16 !iTT 19 20 � 1 I cc U i� ❑ 1EI L LU � ) ik� :1 Trail, Plaza and Bridge Design Plans I L 25 X 100' T -CITY AREA ROS�o GARDEN L AtnSCAMO CFEEx ITEM NUMBER: 3 DATE: 12-6-11 Analysis: City staff and the project design team have worked closely with the project arborist and biologist to design a bridge which will have as minimal impact to the creek as possible. The bridge will be a prefabricated steel arch truss measuring 160 feet in length, and will span the entire width of the creek and banks. The bridge would be lowered onto and attached to the abutments on the upper terrace, and a wood deck would be attached to the bridge. The bridge will be located completely outside the flow of the creek, with abutments well above the ordinary high water mark. All other proposed site improvements, including the creek trail, multi -use path, centennial plaza, and improvements to the parking lot, would be located outside the riparian areas and set back well above the creek bank. The placement of the pedestrian bridge is intended to allow for a view corridor from the Historic City Hall building to the Galaxy Theater rotunda, thereby visually connecting the downtown and Colony Square. The view corridor through the area is also a key consideration for police and safety. Due to the precise axial alignment of this view corridor, some trees will need to be removed to make room for the bridge installation. The design team has planned installation to avoid several large sycamores on either side of the bridge which will provide shade and greenery without interfering with visibility. nuc Of P Administration **A.. Pedestrian Link U e**4owntown Building 0 .W.Sunken Gardens U "*Joe*, i� Pedestrian bridge alignment intended to follow an open view corridor between Historic City Hall and the theater rotunda ITEM NUMBER: 3 DATE: 12-6-11 B :V. ki City Office, Warl. I - - AdMV4W.fI- Mill ITEM NUMBER: DATE: 12-6-11 Tree Removals: An Arborist Report has been submitted to address the impacts construction will have on the existing native trees. All trees which may potentially require removal and/or trimming have been identified by the arborist in the attached report. Staff will work with the contractor to attempt to save some of the trees if possible. Construction of the bridge includes removal and/or significant trimming of up to six (6) native trees. Removals and/or significant trimmings consist of two (2) sycamores, two (2) black walnuts, one (1) 4 -inch live oak, and one (1) dead tree identified as either a cottonwood or a sycamore (identification difficult due to condition of dead tree). Only branches or trunks which directly interfere with the bridge installation will be removed. Tree removals shall be conducted in a manner to preserve native trees wherever possible. For example, the multi -trunked sycamore (tree #6) is identified as a removal, however, the tree will first be only trimmed to remove the smaller south trunk and stump sprouts, and attempts will be made to save the large north trunk. Trees that are in close proximity to the bridge shall be saved, provided that they are not a safety hazard and do not lean towards the bridge in a manner which would cause a safety concern. The large existing trees around the bridge will provide shade, enhanced views, and native habit viewing. The Atascadero Native Tree Ordinance requires that all tree removals be mitigated through either replanting or payment into the tree mitigation fund. A restoration plan is proposed in conjunction with the creek trail and will incorporate mitigation plantings. The following table summarizes the maximum potential removals associated with the bridge installation and the associated mitigation plantings. If all six native trees identified by the arborist are removed, then replanting will consist of 72 new 5 -gallon native trees, or equivalent. Due to the deteriorated condition and lack of bark on Tree #3, identification was unclear, and the tree is therefore being considered as native tree for mitigation purposes. Willows and trees less than 2 -inches in diameter are not listed on the tree removal permit as trees of this size and/or type do not require removal permits. Evergreen Native Trees (inches) Deciduous Native Trees (inches) ITotals dbh notes dbh notes 4 -inches Tree #17 Live Oak 1 37 -inches Tree #3 sycamore/cottonwood (dead) 2 38 -inches Tree #6 sycamore (south trunk only) 3 11 -inches Tree #8 sycamore (stump sprouts only) 4 18 -inches Tree #16 black walnut (dead) 5 2 -inches Tree #18 black walnut Total 4 -inches Total 110 -inches Mitigation Requirement req'd tree replace 1 five gal trees req'd tree replacers 71 five gal trees 72 five gal trees Proposed Replant 0 five gal trees Proposed Replanti 0 five gal trees 0 five gal trees 0 box trees (24") 0 box trees (24") 0 box trees (24") Remaining Mitiga 1 five gal trees Remaining Mitigati Tree Fund PaymE $ 66.67 Tree Fund Paymer $ 71 five gal trees 72 five gal trees f 1 3,533.33 $ 3,600.00 ITEM NUMBER: 3 DATE: 12-6-11 Environmental Review: A proposed Mitigated Negative Declaration has been prepared for the pedestrian bridge and plaza master plan project. The document was circulated for public review between November 7, 2011 and December 6, 2011. The Proposed Mitigated Negative Declaration is attached to this report for the Planning Commission review. Certification of the Mitigated Negative Declaration is included in draft Planning Commission Resolution 2011-0022. A Biological Assessment was prepared by Althouse and Meade and an arborist report was prepared by A&T arborists. Mitigation measures were incorporated in the CEQA document based on these assessments in order to address any potential impacts to the creek and riparian habitat. The riparian habitat in the area is in a degraded condition as an urban stream through the City. The proposed project includes creek restoration and riparian enhancement that would be completed under the direction of the project biologist. A significant portion of riparian habitat along Atascadero Creek would be restored and/or enhanced by removing non-native species, and planting native species such as willow, walnut, oak, and native blackberry in accordance with a habitat restoration plan developed for the project by Althouse and Meade. FINDINGS: In considering any tree removal request, at least one of the required findings must be made. Staff has identified the following finding as appropriate for the application request. The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: • Early consultation with the City; • Consideration of practical design alternatives; • Provision of cost comparisons (from applicant) for practical design alternatives; • If saving the tree eliminates all reasonable uses of the property; or • If saving the tree requires the removal of more desirable trees. CONCLUSIONS: Installation of the proposed pedestrian bridge will require removal and/or significant trimming of up to six native trees. Only branches or trunks which directly interfere with the bridge installation shall be removed. Tree removals shall be conducted in a manner to preserve native trees wherever possible. Removals shall be mitigated through replanting with the creek restoration plan which is proposed concurrently with the bridge project. ITEM NUMBER: 3 DATE: 12-6-11 ALTERNATIVES: 1. The Commission may approve the project with additional or revised project conditions. 2. The Commission may deny the project if it is found that the required findings cannot be made. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. ATTACHMENTS: Attachment 1 — Location Map (General Plan & Zoning) Attachment 2 — Aerial Photo Attachment 3 — 2005 Downtown Revitalization Plan Attachment 4 — Arborist Report Attachment 5 — Proposed Mitigated Negative Declaration Attachment 6 — Draft Resolution PC 2011-0022 ITEM NUMBER: 3 DATE: 12-6-11 ATTACHMENT 1: Location Map (General Plan and Zoning) PLN 2011-1399 / TRP 2011-0151/ PPN 2011-0249 Atascadero Creek Reservation Zoning: Downtown Commercial & Open Space General Plan Designation: Downtown & Open Space Surrounding Zoning: Downtown Commercial (DC)/Open Space (OS)/Downtown Office (DO) ITEM NUMBER DATE: 12-6-11 ATTACHMENT 2: Aerial Photo Atascadero Creek Reservation ATTACHMENT 3: 2005 Downtown Revitalization Plan \ „' �� � Fi:i'-G /t..wcl ��6wi1�P� �iF� 0�7 - A Y A2 s A• _ It' _ •� ♦ I I 1 nkm CaMSCu.� t� .Vcr> yQy 11 T I I I ��.—�y} � • Hw2..L t rCr.:(o I � FK/•PE r4.abC� ��/'� 7 Lea, � Cp lwt.� 4l. '- I ITEM NUMBER: 3 DATE: 12-6-11 ti =`- Ps VlAiel, East Mall Pedestrian connection / opportunity site N Pedestrian Bridge r � Creek side trail connection from EI p Camino Real to Lewis Avenue I 4� F i I ti =`- Ps VlAiel, East Mall Pedestrian connection / opportunity site N Pedestrian Bridge r � Creek side trail connection from EI p Camino Real to Lewis Avenue I 4� ITEM NUMBER: DATE: 12-6-11 ATTACHMENT 4: Arborist Report A & T ARSOR=STS � �- P.O. BOX 1311 TEMPLETON, CA 93465 (805) 4340131 10-24-11 RECEIVE City of Atascadero OCT 2 5 2011 i Ann: Geoff English (805) 470-3142 6MMUNITY DEVEU)tENT (805) 470-3143 fax "` This report is in regard to the planned foot bridge to be constructed behind city hall over Atascadero Creek. Within the riparian zone are willow trees (Salix sp.), cottonwood trees (Populous,%remonrii), sycamores (Plata»us racemosa), black walnuts (Judlans hindsii), valley oaks (Quercus loba/a), and coast live oaks (Quercus ugrifolia). Although willow trees are not on the protected tree list for the City, they arc part of the CEQA requirements for this project. In addition, one 1.5 inch diameter valley oak and two .5 inch diameter black walnuts were inventoried per the biologist's request. The plan is to crane in the bridge once the path is clear and the landings are constructed. The trees required for clearing consist of six willows (106 diameter inches), one dead 37 inch cottonwood that will be felled and left for habitat, two sycamores (49 diameter inches), one valley oak (1.5 diameter inches), three black walnuts (19 diameter inches), and one four inch diameter live oak. It should be noted that 18 of the 19 total diameter inches for the black walnuts is a dead tree. In addition, the north trunk of trec #6 (a sycamore) will most likely be saved. After reviewing the site, the crane operator expressed some concerns with some additional trees. Tree 0850 per the plans is a large sycamore tree just south of the bridge location. This tree will need to have 20-30 feet removed from the top. This tree is somewhat close to the high voltage lines on the east side of Atascadero Creek. The arborist company that performs this work should use extreme care in' executing this work. Three willow trees located just underneath the power lines. These trees may also need to be trimmed. Tree #837 is a black walnut located between the willow trees and the sycamore mentioned above. The dead portion of this tree needs to be removed. This project shall require an on-site pre -construction meeting with the city, general contractor, and the arborist. Topics will include monitoring and requirements for a positive final letter. In addition, discussion will include the projected path(s) of the large crane required for this job so that compaction can possibly be mitigated with six inches of chip mulch within the drip lines. All trees potentially impacted by this project are numbered and identified on both the grading plan and the spreadsheet. Trees are numbered on the grading plans and in the field with an aluminum tag. Tree protection fencing is shown on the grading plan. In the field, trees to be saved have yellow tape and trees to be removed have red tape. Tree Rating System ITEM NUMBER DATE: 12-6-11 A rating system of 1-10 was used for visually establishing the overall condition of each tree on the spreadsheet. The rating system is defined as follows: Ratine Condition tl Deceased 1 Evidence of massive past failures, extreme disease and is in severe decline. 2 May be saved with attention to class 4 pruning, insect/pest eradication and future monitoring. 3 Some past failures, some pests or structural defects that may be mitigated by class IV pruning. 4 May have had minor past failures, excessive deadwood or minor structural defects that can be mitigated with pruning. 5 Relatively healthy tree with little visual structural and or pest defects. 6 Healthy tree that probably can be left in its natural state. 7-9 Have had proper arboricultural pruning and attention or have no apparent structural defects. 10 Specimen tree with pertct shape, structure and foliage in a protected setting (i.e. park, arboretum). The following mitigation measures/methods must be fully understood and followed by anyone working within the drip line of any native tree. Any necessary clarification wit] be provided by us (the arborists) upon request. Fencing: The proposed fencing shall be shown in orange ink on the grading plan. It must be a minimum of 4' high chain link, snow or safety fence staked at the edge of the drip line or line of encroachment for each tree or group of trees. The fence shall be up before any construction or earth moving begins. The owner shall be responsible for maintaining an erect fence throughout the construction period. The arborist(s), upon notification, will inspect the fence placement once it is erected. After this time, fencing shall not be moved without arborist inspection/approval. if the orange plastic fencing is used, a minimum of four zip ties shall be used on each stake to secure the fence. All efforts shall be made to maximize the distance from each saved tree. The fencing must be constructed prior to the city pre -construction meeting for inspection by the city and the arborists. Soil Aeration Methods: Soils within the drip fine that have been completed by heavy equipment and/or construction activities mast be returned to their original state before all worts is completed. Methods include water jetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with a 24" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist(s) shall advise. Chip Mulch: All areas within the drip line of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction. ITEM NUMBER: 3 DATE: 12-6-11 Grading Within The Drip Line: Grading should not encroach within the drip line unless authorized. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. Exposed Roots: Any exposed roots shall be re-covered the same day they were exposed. If they cannot, they must be covered with burlap or another suitable material and wetted down 2x per day until re -buried. Equipment Operation: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. Also there is to be no parking of equipment or personal vehicles in these areas. All areas behind fencing are off limits unless pre -approved by the arborist. Existing Surfaces: The existing ground surface within the drip line of all native trees shall not be cut, filled, compacted or pared, unless shown on the grading plans and approved by the arborist. Construction Materials And Waste: No liquid or solid construction waste shall be dumped on the ground within the drip line of any native tree. The drip line areas are not for storage of materials either. Arborist Monitoring: An arborist shall be present for selected activities (trees identified on spreadsheet and items bulleted below). The monitoring does not necessarily have to be continuous but observational at times during these activities. It is the responsibility_ of the City or their designee to inform us prior to these events so we can make arrangements to be present. It is the responsibility of the owner to contract (prior to construction) a locally licensed and insured arborist that will document all monitoring activities. • pre -construction fence placement • any utility or drainage trenching within any drip line • All grading and trenching near trees requiring monitoring on the spreadsheet Pre -Construction Meeting: An on-site pre -construction meeting with the Arborist(s), City, and the general contractor shall be required for this project. Prior to final occupancy, a letter from the artwist(s) shall be required verifying the health/condition of all impacted trces and providing any recommendations for any additional mitigation. The letter shall verify that the arborist(s) were on site for all grading and/or trenching activity that encroached into the drip line of the selected native ti -ccs, and that all work done in these areas was completed to the standards set forth above. Pruning: Class 4 pruning includes -Crown reduction pruning shall consist of reduction of tops, sides or individual limbs. A trained arborist shall perform all pruning. No pruning shall take more than 250/a of the live crown of any native tree. Any trees that may need pruning for clearance shall be pruned prior to any construction activities to avoid any branch tearing. ITEM NUMBER: DATE: 12-6-11 Fertilization and Cultural Practices: As the project moves toward completion, the arborist(s) may suggest either fertilization andlor mycorrhiza applications that will benefit tree health. Mycorrhiza offers several benefits to the host plant, including taster growth, improved nutrition, greater drought resistance, and protection from pathogens. The included spreadsheet includes trees listed by number, species and multiple stems if applicable, diameter and breast height (4.5'), condition (scale from poor to excellent), status (avoided, impacted, removed, exempt), percent of drip line impacted, mitigation required (fencing, root pruning, monitoring), construction impact (trenching, grading), recommended pruning and individual tree notes. If all the above mitigation measures are followed, we feel there will be no additional long-term significant impacts to the remaining native trees. A & T Arborists strongly suggests that the responsible party (owner of their designee) make copies of this report. Any reproduction by A & T Arborists or changes to this original rep�)rt will require an additional charge. Please let us know if we can be of any future assistance to you for this project. Steven G. Alvarez Certified Arborist #WC 0511 Chip Tamagni Certified Arborist WE 643&A W W in Lu x a_ to z O H B O x a tL W H O r FA A . co ti LO v CO) N V- ITEM NUMBER: DATE: 12-6-11 U Y COl � 2 a s � > nL Lu 0 U. Z o � p N G ts N 7 Q Q :7 N z CL J CL 0 ui z 5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 WO O No Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z �. 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O a Ng V cc G cc G cc G CC G cc c vOAC 2U 0 as 0 0 0 0 o aE ZQ- O� --- U pq O w� OwC p d 't' IV N �z O Y = Z tnu7 u7 t[3 N L) �a m U) W • O An N M cD M Ln M O cD Xu H co co co co I- 8 W z a v 0 12-6-11 O N 0 ITEM NUMBER: 3 DATE: 12-6-11 ITEM NUMBER DATE: 12-6-11 ATTACHMENT 5: Proposed Mitigated Negative Declaration See following ITEM NUMBER: 3 DATE: 12-6-11 ATTACHMENT 6: Draft Resolution PC 2011-0022 PLN 2011-1399 / TRP 2011-0151/ PPN 2011-0249 Downtown Pedestrian Bridge Tree removal & CEQA Certification DRAFT RESOLUTION NO. PC 2011-0022 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO CERTIFING MITIGATED NEGATIVE DECLARATION 2011-0003 AND APPROVING PLN 2011-1399 / TRP 2011-0151/ PPN 2011-0249 TO ALLOW THE REMOVAL OF UP TO 6 NATIVE TREES FOR THE DOWNTOWN PEDESTRIAN BRIDGE AT APN 029-361-003 (CITY OF ATASCADERO) WHEREAS, an application was received from City of Atascadero and Atascadero Redevelopment Agency, 6907 El Camino Real, Atascadero, CA 93422 (Owners/Applicants), for a Tree Removal Permit for removal and/or significant trimming of up to six (6) native trees; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2011-0003 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit application on December 6, 2011, at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Certification of Mitigated Negative Declaration. The Planning Commission of the City of Atascadero, hereby certifies Mitigated Negative Declaration 2011- 0003 based on the following findings: 1. The Mitigated Negative Declaration has been completed in compliance with requirements of the California Environmental Quality Act; and, 2. The project does not have the potential to degrade the environment; and 3. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, 4. The project does not have impacts which are individually limited, but cumulatively considerable; and, 5. The project will not cause substantial adverse effects on human beings either directly or indirectly. ITEM NUMBER: 3 DATE: 12-6-11 SECTION 2. Findings for tree removal. The Planning Commission finds as follows: 1. The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: • Early consultation with the City; • Consideration of practical design alternatives; • Provision of cost comparisons (from applicant) for practical design alternatives; • If saving tree eliminates all reasonable uses of the property; or • If saving the tree requires the removal of more desirable trees. SECTION 3. Approval. The Planning Commission does hereby approve Tree Removal Permit 2011-0151 for the removal and/or significant trimming of up to six (6) native trees, subject to the following Conditions and Exhibits: EXHIBIT A: Proposed Mitigated Negative Declaration 2011-0003 EXHIBIT B: Conditions of Approval EXHIBIT B: Tree Protection Plan 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: ( ) ABSENT: ADOPTED: ABSTAINED: CITY OF ATASCADERO, CA David Bentz Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary ITEM NUMBER: 3 DATE: 12-6-11 EXHIBIT A: Proposed Mitigated Negative Declaration 2011-0003 PLN 2011-1399 / TRP 2011-0151/ PPN 2011-0249 'J (_CITY OF ATASCDERC) — • • S: ': 014141TPiIT^l DE k-EL,0F1, EtIT DEFAF-'n%AEPiT •b u NOTICE OF INTENTION TO ADOPT PROPOSED NUnGATED NEGATIVE DECLARATION NOTICE IS HEREBY GI<''EN ttLat the EILvirorlmilial CO-Dr-hLaic'r of the "±.7 of riL:cadsc' hi: rrug'Iete'i a reoieWOfth, 6011ozmljZ.pr0je'2 ULd is propc'ez .the fr'110TAMIZ erL?rirc,rlum~ZtL3l,iet TrTI ic'21: Environmental RavWw Datas! 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': AC-,oi-k:2F t'L 7 --470-34V V t -7.=orL Puce, Comium- C7 L'evelopmsti ruor 'r Date_ 690" EL CAYMN0 REAL A1ASCADERO, CA'_13422 • (805)461-5000 •FAX 461-7612 ITEM NUMBER: DATE: 12-6-11 EXHIBIT B: Conditions of Approval / Mitigation Monitoring PLN 2011-1399 / TRP 2011-0151/ PPN 2011-0249 Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure PLN 2011-1399 / TRP 2011-0151/ PPN 2011-0249 PS: Planning Services BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department Downtown Pedestrian Bridge BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Planning Conditions 1. The approval of this application shall become final, subject to the BP PS completion of the conditions of approval, 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. 2. All recommendations and tree protection measures, as outlined BP PS in the Tree Protection Report, prepared by A&T Arborists shall be implemented prior to and during all construction activity on the project site. 3. Tree removal shall be mitigated per the native tree ordinance. BP PS Mitigation Measures Mitigation Measure 1.c.1: A landscape plan and restoration plan BP PS 1.C.1 shall be provided in conjunction with the proposed project. The landscape architect shall consult with the project biologist to identify compatible native landscaping along the creek trail and plaza areas. Creek restoration and vegetation enhancement in the riparian areas shall be completed in accordance with the biologist's recommendations. Mitigation Measure 1.d.1: All lighting fixtures shall be shall be BP PS 1.d.1 shielded cut-off type to prevent light spill. Lighting shall be directed towards the bridge and/or pedestrian walkways, and shall not be directed at the creek or other sensitive native habitat areas. Biologist to review lighting design plan prior to installation. Mitigation Measure 3.b.1: The project shall be conditioned to BP BS/PS 3.b.1 comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in the December 2009 Air Quality Handbook. Section 2.3.1: Standard Mitigation Measures for 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 ower units, with ARB certified motor vehicle ITEM NUMBER: DATE: 12-6-11 Conditions of Approval PLN 2011-1399 / TRP 2011-0151/ PPN 2011-0249 Downtown Pedestrian Bridge Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: 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 diesel fuel (Non -taxed version suitable for use off-road). • Use diesel construction equipment meeting ARB's Tier 2 certified engines or cleaner off-road heavy-duty diesel engines, and comply with the State off -Road Regulation. • Use on -road heavy-duty trucks that meet the ARB's 2007 or cleaner certification standard for on -road heavy-duty diesel engines, and comply with the State On -Road Regulation. • Construction or trucking companies with fleets that that do not have engines in their fleet that meet the engine standards identified in the above two measures (e.g. captive or NOx exempt area fleets) may be eligible by proving alternative compliance. • All on and off-road diesel equipment shall not idle for more than 5 minutes. Signs shall be posted in the designated queuing areas and or job sites to remind drivers and operators of the 5 minute idling limit. • Diesel idling within 1,000 feet of sensitive receptors is not permitted. • Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors. • Electrify equipment when feasible. • Substitute gasoline -powered in place of diesel -powered equipment, where feasible. • Use alternatively fueled construction equipment on-site where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel. Section 2.4 Fugitive PM10 Projects with grading areas that are less than 4 -acres and that are not within 1,000 feet of any sensitive receptor shall implement the following mitigation measures to minimize nuisance impacts and to significantly reduce fugitive dust emissions 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 covered with erosion control. 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 ITEM NUMBER: DATE: 12-6-11 Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure PLN 2011-1399 / TRP 2011-0151/ PPN 2011-0249 PS: Planning Services BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department Downtown Pedestrian Bridge BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 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 wash 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. All of these fugitive dust mitigation measures shall be shown on grading and building plans; and M. The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20% opacity, and to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD Compliance Division prior to the start of any grading, earthwork or demolition. Mitigation Measure 3.b.2: The project shall be conditioned to BP BS/PS 3.b.2 comply with all applicable APCD regulations pertaining to Naturally Occurring Asbestos. Prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if NOA is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Refer to the APCD web page at http://www. slocleanair.org/business/asbestos. asp for more information or contact the Enforcement Division at (805) 781-5912. Mitigation Measure 3.b.3: The project contractor shall obtain all the BP BS/CE 3.b.3 necessary permits required by APCD for the use of portable equipment that is 50 hp or greater. The contractor shall refer to APCD's 2009 CEQA Handbook Technical appendices page 4-4 as a guide to equipment and operations that may have permitting requirements. Mitigation Measure 3.b.4: To reduce the emissions impact of diesel BP BS/CE 3.b.4 vehicles accessing the facility, the applicant shall implement a "no idle" zone for diesel delivery trucks. Heavy-duty diesel idling emissions shall be minimized to the maximum extent using the ITEM NUMBER: DATE: 12-6-11 Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure PLN 2011-1399 / TRP 2011-0151/ PPN 2011-0249 PS: Planning Services BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department Downtown Pedestrian Bridge BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy following techniques: A. Idling areas shall not be located within 1,000 feet of Atascadero Junior High School, to the extent feasible. B. Diesel idling within 1,000 feet of Atascadero Junior High School is not permitted to the extent feasible. C. Use of alternative fueled equipment is recommended; and D. Signs that specify no idling requirements shall be posted and enforced at the site. Mitigation Measure 4.a.1: Riparian habitat shall be protected from BP PS 4.a.1 direct and indirect impacts where practicable. Riparian habitat protections include avoiding direct impacts to drainages such as culverts and crossings. Minimize indirect impacts by providing bio- filtration of storm water and designing detention for residential and roadway discharges. Mitigation Measure 4.a.2: Where impacts to the riparian areas are BP PS 4.a.2 proposed, the following steps must be completed depending upon jurisdictional areas affected: 1. Permits must be obtained, as appropriate, from the California Department of Fish and Game (DFG Code 1600), the U.S. Army Corps of Engineers (Section 404 of the Clean Water Act), the Regional Water Quality Control Board (Section 401 of the Clean Water Act). Earthwork shall not exceed the limits of the project area. 2. A habitat restoration plan will be prepared and approved by the City of Atascadero and other jurisdictional agencies, as appropriate (i.e., California Department of Fish and Game, U.S. Army Corps of Engineers, and the Regional Water Quality Control Board). Riparian mitigation will increase the aerial extent of riparian habitat on site at a two -to -one ratio (created riparian area to impacted riparian area). Functions and values of the created riparian zone shall be equivalent to or better than the existing habitat. 3. Riparian habitat mitigation will provide enhancements for listed species known to be present in the area. To the extent possible, enhancements shall include re-creating natural sinuosity within the stream channel, and root wad placement to increase the quality of pool habitat. 4. Riparian mitigation will include weed abatement, native tree mitigation planting, and native shrub planting between EI Camino Real and Lewis Avenue Bridge. Weed abatement shall especially focus on removal of non-native blackberry, periwinkle, and Arundo. Native blackberries, elderberries, and willows shall be planted as the dominant understory cover. 5. Mitigation implementation and success will be monitored for five years. Mitigation Measure 4.a.3: When site disturbance is proposed within BP PS 4.a.3 50 feet of riparian habitats, riparian protection and enhancement shall be monitored during construction. ITEM NUMBER: DATE: 12-6-11 Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure PLN 2011-1399 / TRP 2011-0151/ PPN 2011-0249 PS: Planning Services BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department Downtown Pedestrian Bridge BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 1. Orange fence (silt or mesh) will be installed at the edge of proposed disturbance boundary. 2. Silt fence, straw wattles, or other appropriate best management practices will be installed as needed to prevent soil or other potential pollutants from entering the stream channel. 3. The boundary will be labeled with highly visible signs that indicate "Riparian Protection Zone — No construction equipment or ground disturbance allowed." Mitigation Measure 4.a.4: Immediately prior to ground disturbance BP PS 4.a.4 activities along the wetted stream channel, a pre -construction survey shall be conducted to determine the potential for steelhead to occur in the work areas. If no water is present in the work areas, the project may commence without further surveys or monitoring obligations for steelhead. If water is present, the pre -construction survey shall be conducted in a manner that will identify if steelhead are present in the work areas. Mitigation Measure 4.a.5: The project shall include riparian habitat BP PS 4.a.5 enhancements intended to increase the quality of steelhead habitat (see BR -2.2). These shall include planting appropriate native riparian species to shade the stream and provide overhead cover for steelhead along the stream edges. Mitigation Measure 4.a.6: The installation of the bridge shall be BP PS 4.a.6 conducted in summer months to avoid impacts to steelhead trout. Mitigation Measure 4.a.7: Immediately prior to ground disturbance BP PS 4.a.7 activities along the wetted stream channel, or any activity that affects riparian habitat, a preconstruction survey shall be conducted to determine the potential for pond turtles to occur in the work areas. If no water is present in the work areas, the project may commence with a biological monitor during initial vegetation removal activities. The monitor shall be qualified and permitted to move pond turtles if they are found in the project area. Mitigation Measure 4.a.8: Prior to construction activities, a qualified BP PS 4.a.8 biologist shall conduct training sessions to familiarize all construction personnel with identification of California red -legged frogs, their habitat, general provisions and protections afforded by the Federal Endangered Species Act, measures necessary to protect California red -legged frogs, and a review of the project boundaries. During construction, a qualified biologist shall monitor construction activities, including but not limited to, removal of the depositional gravel bar and willow clump immediately adjacent to the Lewis Avenue Bridge. BP PS 4.a.9 Mitigation Measure 4.a.9: Within 48 hours of removing the depositional gravel bar and willow clump near the Lewis Avenue Bridge, the project site shall be surveyed for California red -legged ITEM NUMBER: DATE: 12-6-11 Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure PLN 2011-1399 / TRP 2011-0151/ PPN 2011-0249 PS: Planning Services BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department Downtown Pedestrian Bridge BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy frogs by a qualified biologist. If any California red -legged frogs are found, work within 25 linear feet in any direction of the frog shall not start until the frog has moved from the area, and the U.S. Fish and Wildlife Service shall be consulted for appropriate action. Mitigation Measure 4.d.1: Immediately prior to ground disturbance BP PS 4.d.1 activities, if work occurs between March 1 and August 1, nesting bird surveys shall be conducted. To avoid impacts to nesting birds, grading and construction activities that affect riparian habitat or trees shall not be conducted during the breeding season from March 1 to August 1. If construction activities must be conducted during this period, nesting bird surveys shall take place within one week of disturbance. If surveys do not locate nesting birds, construction activities may be conducted. If nesting birds are located, no construction activities shall occur within 100 feet of nests until chicks are fledged. A 200 -foot buffer shall be implemented for nesting raptors. Mitigation Measure 4.e.1: Tree canopies and trunks within 25 feet of BP PS 4.e.1 proposed pedestrian bridge alignment shall be mapped and numbered by a qualified biologist and/or a licensed land surveyor and/or arborist. Data for each tree shall include diameter at breast height (4.5 feet above the soil surface) of each stem/trunk, canopy diameter, tree height, tree health, and habitat notes (cavities for birds or bats), raptor nests, wood rat nests, and unique features. Mitigation Measure 4.e.2: Removal of native trees shall be mitigated BP PS 4.e.2 in kind at the City's approved ratio for commercial projects. Mitigation trees shall include replacement of red willows, California sycamore, and coast live oak trees. Mitigation Measure 4.e.3: Replacement trees shall be seasonally BP PS 4.e.3 maintained (browse protection, weed reduction and irrigation, as needed) and monitored annually for at least five years. Mitigation Measure 4.e.4: Grading and excavation and grading work BP PS 4.e.4 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 twenty feet of construction 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. ITEM NUMBER: DATE: 12-6-11 Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure PLN 2011-1399 / TRP 2011-0151/ PPN 2011-0249 PS: Planning Services BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department Downtown Pedestrian Bridge BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 7. Utilities such as water, gas, power, cable, storm drainage, and sewer should be redirected from under the canopy of any trees that are to remain. 8. Where a building is placed within the canopy of a tree the foundation should be redesigned so that it bridges across any root systems. 9. Any foundation or other structure that encroaches within the drip line of trees to be saved shall be dug by hand. 10. At no time shall tree roots be ripped with construction equipment. Mitigation Measure 4.e.5: The building permit site plan shall identify BP PS 4.e.5 all protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan. Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. An inspection of the tree fencing shall be done by City staff prior to issuance of building permits. Mitigation Measure 5.d.1: In the event that human remains are Ongoing PS 5.d.1 discovered on the property, all work on the project shall stop and the Atascadero Police Department and the County Coroner shall be contacted. The Atascadero Community Development Department shall be notified. If the human remains are identified as being Native American, the California Native American Heritage Commission (NAHC) shall be contacted at (916) 653-4082 within 24 hours. A representative from both the Chumash Tribe and the Salinan Tribe shall be notified and present during the excavation of any remains. Mitigation Measure 6.b.1: The grading permit application plans BP BS/PS 6.b.1 shall include erosion control measures to prevent soil, dirt, and debris from entering the creek or storm drain system during and after construction. The plans shall be reviewed by the City Engineer at the time of Building Permit application. Mitigation Measure 9.e.f.1: The City is responsible for ensuring that BP BS/PS 9.e.f.1 all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 9.e.f.2: The landscaping plan shall contain Low BP BP/PS 9.e.f.2 Impact Development elements, as appropriate, to help mitigate any additional impervious surfaces added to the site to reduce storm water runoff. Mitigation Measure 12.d.1: All construction activities shall comply BP BS/PS 12.d.1 with the City of Atascadero Noise Ordinance for hours of operation. EXHIBIT C: Tree Protection Plan �NINtlVd ilWdW ITEM NUMBER: 3 DATE: 12-6-11 r I 0 ITEM NUMBER: 4 DATE: 12-6-11 Atascadero Planning Commission Staff Report - Community Development Department Callie Taylor, Associate Planner, (805) 470-3448, ctaylor@atascadero.org PLN -2099-0818 Amendment to CUP 2005-0175 and TPM 2005-0080 Eagle Creek Conversion to Single -Family Residences 13000 Atascadero Road (McGurty) RECOMMENDATIONS: Staff Recommends the Planning Commission: 1. Adopt Draft Resolution 2011-0023 certifying Proposed Mitigated Negative Declaration 2011-0004; and, 2. Adopt Draft Resolution 2011-0024 approving an Amendment to Conditional Use Permit 2005-0175 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 3. Adopt Draft Resolution 2011-0025 approving an Amendment to Tentative Parcel Map 2005-0080 based on findings and subject to Conditions of Approval and Mitigation Monitoring. REPORT -IN -BRIEF: The applicant has submitted an application to amend the 2007 Conditional Use Permit and Tentative Parcel Map. The current property owner is requesting that the Planning Commission remove the requirements for site recontouring, access road, and open space landscape which was conditioned with the map and CUP in 2007. The existing structures near Atascadero Road (previously the golf course restaurant, club house, and storage buildings) would be converted into two single-family residences, consistent with the General Plan Land Use Designation, Zoning, and Planned Development overlay approved by Council in 2007. Situation and Facts: 1. Owner / Applicant: Kevin McGurty, 14002 San Antonio Road, Atascadero, CA 93422 2. Project Address: 13000 Atascadero Road, Atascadero, CA 93422 APN 045-391-020 and 025 3. General Plan Designation: Single -Family Residential (SFR -Y) 4. Zoning District: Residential Single -Family (RSF-Y) with Planned Development 8 (PD 8) Overlay 5. Site Area: 10.0 acres 6. Existing Use: Abandoned Golf Course and Vacant Structures 7. Environmental Status: Proposed Mitigated Negative Declaration 2011-0004 Location Map / 4 13000 Atascadero Road (Previously Eagle Creek Golf Course)�� ,'` DISCUSSION: Background In 1991, the Eagle Creek Golf Course and residential subdivision was approved as a Planned Development #8. The property was rezoned from Commercial Tourist to Special Recreation and Single -Family with the PD -8 Overlay District. The rezoning and PD -8 allowed for the construction of the golf course, driving range, and 13 single-family units. In 1998, the PD -8 was amended to allow the golf course and driving range to take access off of Atascadero Road rather than Santa Barbara Road as originally required. In 2000, the owner applied for a Zone Change and PD Master Plan Amendment to remove the outdoor driving range and add four additional single-family units. The request was approved in 2001. By 2005 the Eagle Creek Golf Course was closed to the public and watering and maintenance of the course ceased. The owner at the time, Kelly Gearhart, proposed to rezone the 10 acre Special Recreation parcel to allow a new use. During the processing of the amendment application in 2006 and 2007, there was significant neighborhood discussion about the poor condition of the abandoned golf course and what uses would be compatible with the neighborhood. The City Council held two separate study sessions to review proposed changes to the Eagle Creek Golf Course. Ultimately, Mr. Gearhart submitted an application to convert the existing golf course buildings into two single-family residential dwellings on individual lots, and restore the golf course with an elaborate native landscape. This concept was supported by the surrounding neighbors and the City Council. The application, which was approved by City Council in November of 2007, consisted of the following approvals and included several Conditions of Approval (see following map): • General Plan Amendment converted 10.0 acres from CREC (Commercial Recreation) to RSF-Y (Residential Single -Family 1.0 acre min) • Zone Change of 10.0 acres from LS (Special Recreation) to SFR -Y (Single - Family Residential 1.0 acre min) • Amendment to the Planned Development -8 zoning text to identify an exclusively residential project • Amendment of the Master Plan of Development (Conditional Use Permit) to replace existing golf course with two single-family residences • Vesting Tentative Parcel Map to subdivide 10.0 acres into two lots (1.0 acres and 8.9 acres each) CURRENTLY APPROVED 2007 Eagle Creek Master Plan of Development (as previously approved) ROW dedication titide Area redesignated from Recreation to Single- �,.•'� Family Residential 1 ac ■ minimum �� • 5 , fig pe . S 1 • O Existing golf course to be re- • • T- = . landscaped with native plants ; ^_��• and protected with an open • = space easement \ ; Opep� ce { Easaf-el • Existing clubhouse to '•, be converted into a • single-family residential unit (Lot 1) Lot 1 N -P N Lot 2; A ♦ I Existing support shop x • /{- to be converted into a I ��� ` ; • Q single- family residential unit (Lot 2) 9 { t Paloma Creek y < a S fax 2007 Photos & Structure Conversion Descriptions: Existing support shop to be converted into a single-family unit Lot 2: 1.0 acres Existing Clubhouse to be converted into a single-family unit Lot 1: 8.9 acres When the 2007 Zone Change and General Plan Amendment were approved to convert the golf course to residential, there were several site improvements proposed by the previous owner (Kelly Gearhart) and included as Conditions of Approval with the CUP and Parcel Map. These site improvements were required to be completed prior to recording the final map to create the two individual lots, and prior to conversion of the structures to single-family residences. The CUP & TPM conditions required the following site improvements: ■ Recontouring of the golf course fairways to remove sand pits, pond, and other golf course improvements, and improve drainage ■ Landscape installation to convert golf course back to natural landscape feature ■ Installation of a gravel driveway for use by the adjacent property owners on Eagle Creek Ct. to access their rear yards. Significant grading required for road installation ■ New split rail fencing to be installed property line ■ Permits to be obtained through Department of Fish & Game for improvements such as grading and removals on golf course, including previously installed culvers and outfalls ■ All pavement, utilities, transformers, and putting greens associated with the golf course and located on adjacent lots to be removed. ■ Commercial parking lot, lighting, and support facilities surrounding the clubhouse on lots 1 & 2 to be removed ■ Sheds at the front of Lot 1 to be removed (crosses property line) ■ Offer of dedication at the northeastern corner of the golf course area to accommodate future roundabout at Santa Barbara interchange & open space easement placed over the golf course area. `hif�� 'ii"ii❖:' i ' iG1� • Proposed Amendment The current property owner, Kevin McGurty, was transferred ownership of the property through foreclosure in 2008. Due to the cost associated with the required site improvements, the new owner has not been able to move forward with the conversion of the structures to residential units. In the past several years, most of the golf course site has begun to naturalize on its own, thereby, reducing the need for the grading and re- landscaping which was conditioned in 2007. The new owner is currently proposing an Amendment to the CUP and TPM to remove or modify several Conditions of Approval so that the map can be finaled and construction on the residential units can begin by minimizing the required site improvements. Mr. McGurty has had discussions with the neighbors and it appears many are in support of seeing the project move forward so that the vacant buildings are converted to single-family residences. This proposal was reviewed by the Atascadero Design Review Committee (DRC) for feedback on October 14, 2011. The DRC was supportive of amending the conditions as proposed by the applicant. The DRC discussed the condition of the site and the timing of the site improvements. The remaining site improvements, including removal of the commercial utilities and parking, removal of improvements on adjacent lots, removal of dead trees, installation of front yard landscaping etc, would be linked to building permit final on each lot. The applicant's proposal consists of the following modifications to the project. The attached resolutions reflect these modifications with additions shown as underlined and deletions to the 2007 resolutions shown as strikethrough: ■ No grading or new landscape on golf course fairway. Pond would remain. Only dead trees to be removed. No permits to be obtained from DFG. ■ Access road behind lots on Eagle Creek would not be installed. (No grading would be done.) Instead, the owner would grant an access easement which the neighbors could use for landscape and septic maintenance. ■ New fencing would not be installed. Existing pipe rail fencing would remain. ■ All pavement, utilities, transformers, and other commercial improvements associated with the golf course and located on adjacent lots would be removed per original requirement. Timing of removals on adjacent sites and would be linked to building permit final of Lot 1. ■ Commercial lights and parking lot on lots 1 & 2 to be removed prior to final of each lot. ■ Sheds at the front of Lot 1 may remain if property lines can be adjusted to accommodate structures without crossing property lines prior to finaling the building. ■ Offer of dedication and easements at freeway modified as requested by City Engineer ■ Open space easement on Lot 1 to remain as originally conditioned Proposed Site Plan Detail APN:045-371-030 Possible Future S49• \ ( / Garage o \ Possible nt S? / ` L - Utility D ?0• ppartmenf Turnaround 523.02.18"W Easement / ,�.,•� >'g Existlnq Asphalt 3.00' to be Removed (for Parcel 1) _�.4 PARCEL 2 VZ Existing Concrete ge AREA: 1. 0 A C, and golf green to / be removed � / / � —Paving above ` \ 43, 561 SFS 45-391-012 / � Q leach Held to be removed \ //Existing Parking to be Removed / Existing Utilities on / APN 045-391-013 \ \� 0, �� y Existi \ & 045-391-014 a 'oma to remain 77 / to be removed APN: 045-391-013 \ Existing Parking �� N�Bitg• / \ \ to be Removed \ Drlveswy? J / APN: 045-391-014 ` ( ^` Existing Utilities to be abandoned / // N o+ / 0— Existing Lights to be removed (All Driving Range Lights) Proposed Environmental Determination Draft Mitigated Negative Declaration 2011-0004 was circulated for public review between November 17 and December 6, 2011. This Mitigated Negative Declaration was completed to address the current project proposal, which does not include any new grading near Paloma Creek. This document amends and supersedes Mitigated Negative Declaration #2007-0022, which was prepared and approved for the 2007 project. A finding is proposed that this project, as amended, would not have a significant effect on the environment based upon the implementation of the mitigation measures identified in Mitigated Negative Declaration 2011-0004. The CEQA document is attached for Planning Commission review and certification. Conclusion The applicant's proposed amendment would eliminate or modify several of the site improvements proposed by the previous owner and conditioned with the project back in 2007. Elimination of these site requirements, including grading, landscaping of the open space, new fencing, and access road installation, would reduce project costs and enable the owner to move forward with conversion of the golf course structures to residential units. ALTERNATIVES 1. The Planning Commission may approve modifications for the project and/or Conditions of Approval for the project. 2. The Planning 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 Planning Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Planning Commission deny the project Amendment. The Planning Commission should specify the reasons for denial of the project and make an associated finding with such action. ATTACHMENTS: Attachment 1: Location, General Plan, and Zoning Map Attachment 2: Site Aerial Attachment 3: Letter from Applicant Attachment 4: Proposed Mitigated Negative Declaration and Initial Study Attachment 5: Draft Resolution 2011-0023 (Certification of MND) Attachment 6: Draft Resolution 2011-0024 (CUP Amendment) Attachment 7: Draft Resolution 2011-0025 (TPM Amendment) Attachment 1: Location, General Plan, and Zoning Map Ilk y �t `�.�` •�::c� :cam a II R, 1 I 4 General Plan Single -Family Residential (SFR -Y) Designation: Zoning: Residential Single -Family (RSF-Y) with Planned Development 8 Overlay Surrounding Land Uses Highway 101, RSF-X, RSF-Y, Residential Suburban, and and Setting: Unincorporated County (Eagle Ranch) Attachment 2: Site Aerial Attachment 3: Letter from Applicant To: City of Atascadero Fm: Kevin W. McGurty et al. Re: Reconsideration of VTPM 2005-0080 & CUP 2005-0175 for 13000 Atascadero Road (APN 045-391-020 & 025) ("Project") We were forced to become owners of the Project through foreclosure in 2008. Based on a deteriorating real estate market, inflexible development restrictions and exorbitant costs associated with compliance with the existing conditions of approval, we were left with no alternative but to let the Property sit in the hopes the market would improve. Unfortunately, the market is getting worse, the structures are deteriorating and the overall condition and abandonment status has begun to generate complaints and affect neighborhood values. Moreover, neighbors have reported vandalism and increasing signs of vagrancy. On the positive side, mother nature has capably reclaimed the abandoned golf course which has now become a natural open space asset and wildlife habitat which the adjoining landowners now enjoy and wish to preserve. Trapped by an impossible predicament, we contacted everyone in the neighborhood to offer suggested remedies and obtain input to address the realities. Based on those numerous meetings and discussions we are hereby submitting a plan for reconsideration which amends the conditions of approval to reflect current economic realities and the general consensus of the neighbors. That consensus can also be gleaned from the numerous letters previously submitted in support of this submittal. It is our intent to honor the neighbors wishes to preserve the "open space" in its current natural condition with an overlay easement. The only exceptions would be to cut down all dead or dieing trees and granting an access easement to adjoining landowners on the western property line to temporarily access their properties for septic maintenance and repairs. In order to accomplish this, all previous conditions pertaining to fencing, grading, access roads and uses would be eliminated. It is also our intent to start by finishing the storage building fronting Atascadero Road. This will hopefully generate necessary funds to improve the remaining structures. Accordingly, we have requested that the project be phased to accomplish the lot split and allow for the sale and/or the issuing of a certificate of occupancy before the back parcel may be improved. With the exception of removal of all improvements on Lots 12 & 13 to be accomplished in the first phase of work, we have also requested that staff be given flexibility and latitude to work with us to finish and develop the remaining structures and improvemen /..Kevin W. McGurty Attachment 4: Proposed Mitigated Negative Declaration and Initial Study See Following Attachment 5: Certification of Proposed 2011 Mitigated Negative Declaration RESOLUTION 2011-0023 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, CERTIFING PROPOSED MITIGATED NEGATIVE DECLARATION 2011-0004 PREPARED FOR AN AMENDMENT TO CONDITIONAL USE PERMIT 2005-0175 AND TENTATIVE PARCEL MAP 2005-0080 APN 045-391-0209 025 13000 Atascadero Road (McGurty) WHEREAS, an application has been received from Kevin McGurty, 14002 San Antonio Road, Atascadero, CA 93422 (Applicant and Owner) to consider an Amendment to a Master Plan of Development and Vesting Tentative Parcel Map on a 10.0 -acre site located at 13000 Atascadero Road (045-391-020, 025); and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2011-0004 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on December 6, 2011 to consider the following project and proposed environmental document; and, WHEREAS, the Planning Commission has determined that the project will have no significant impacts with project specific mitigation measures incorporated, and, NOW THEREFORE, the City of Atascadero Planning Commission, hereby resolves to certify Proposed Mitigated Negative Declaration 2011-0004 based on the following Findings, and as shown in Exhibit A: 1. The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, 2. The Proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, 3. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project; and, 4. The project will not achieve short-term goals to the disadvantage of long-term environmental goals; and, 5. The project does not have impacts which are individually limited, but cumulatively considerable; and, 6. The project will not cause substantial adverse effects on human beings either directly or indirectly. 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 Chairperson ATTEST: Warren M. Frace Community Development Director Exhibit A Proposed Mitigated Negative Declaration 2011-0004 See Following Attachment 6: Resolution Approving CUP Amendment RESOLUTION 2011-0024 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT 2005-0175 (MASTER PLAN OF DEVELOPMENT PD -8) APN 045-391-0209 025 13000 Atascadero Road (McGurty) WHEREAS, an application has been received from Kevin McGurty, 14002 San Antonio Road, Atascadero, CA 93422 (Applicant and Owner) to consider an Amendment to a Master Plan of Development and Vesting Tentative Parcel Map on a 10.0 -acre site located at 13000 Atascadero Road (045-391-020, 025); and, WHEREAS, the site's General Plan Designation is SFR -Y (Single -Family Residential 0 ac min); and, WHEREAS, the site's Zoning District is RSF-Y / PD -8 / FH (Residential Single -Family 1.0 ac min with a Planned Development -8 and Flood Hazard Overlay); and, WHEREAS, the PD -8 requires the adoption of a Master Plan of Development, approved in the form of a Conditional Use Permit; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2011-0004 were prepared for the 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 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; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on December 6, 2011, studied and considered the proposed Amendment to Conditional Use Permit 2005-0175 (Master Plan of Development), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of 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) including provisions of the PD -8 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. 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. 7. Benefits derived from the Master Plan of Development and PD -8 overlay zone cannot be reasonably achieved through existing development standards or processing requirements. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on December 6, 2011, resolved to approve an Amendment to Conditional Use Permit 2005-0175 (Master Plan of Development) subject to the following: 1. EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program (modified) 2. EXHIBIT B: Master Plan of Development / Site Plan PD -8 (modified) 3. EXHIBIT C: Landscape Plan (delete Lot 1 landscape, Lot 2 landscape remains) 4. (deleted) 5. EXHIBIT E: Elevations 6. (deleted)) 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 Chairperson ATTEST: Warren M. Frace Community Development Director EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program PD -8 Master Plan of Development (CUP 2005-0175) as Amended December 6, 2011 Conditions of Approval / Timing Responsibility/ Mitigation Mitigation Monitoring Program CUP 2005-0175 Monitoring Measure FM: Final Map PS: Planning Services BL: Business BS: Building Services 13000 Atascadero Road License FD: Fire Department PD -8 Master Plan of Development Amendment #3 GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy F0: Final Occupancy Planning Services 1. The approval of this use permit shall become final and effective for the BP PS purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2005-0111 and ZCH 2005-0105 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. The Community Development Department shall have the authority to BP/FM PS 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. Changes to the floor plans of the residences on Lots 1 & 2 may be permitted at staff level. The existing club house structure on Lot 1 may be converted to one single family residence, or may be converted to a main unit and second unit. All structures shall comply with the zoning ordinance requirements for second units and any new accessory structures. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council. 3. Approval of this Conditional Use Permit shall be valid for twelve (12) BP PS twenty-four (24) months after its effective date, or for the life of the tentative parcel map. At the end of the period, the approval shall expire and become null and void unless the project has applied for a building permit. 4. The applicant shall defend, indemnify, and hold harmless the City of Ongoing 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 subdivision 5. All subsequent Tentative Map and construction permits shall be BP/FM PS, CE consistent with the Master Plan of Development contained herein. 6. All exterior elevations and finish materials shall be consistent with the BP PS Master Plan of Development as s;hAwn On Fxhihit G Conditions of Approval / Timing Responsibility/ Mitigation Mitigation Monitoring Program CUP 2005-0175 Monitoring Measure FM: Final Map PS: Planning Services BL: Business BS: Building Services 13000 Atascadero Road License FD: Fire Department PD-6 Master Plan of Development Amendment #3 GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy 7. All site work, grading, and site improvements shall be consistent with BP/FO PS, BS, CE the Master Plan of Development as shown in Exhibit B though F as amended. 8. All existing pavement, walkways, ramps, walls, transformersbulidlRgs EW—FO PS and similar appurtenance shall be removed from lots APN 045-391-012, 045-391-013, 045-391-014 and proposed Lot #2 consistent with Exhibit B-1 and B-2 as amended. Offsite removals (on adjacent lots) and removals on Lot 1 shall occur prior to building permit final for the conversion of the structure on Lot 1. Removals on Lot2 shall occur prior to building permit final of Lot 2. This includes: • Lot 2: Remove concrete and asphalt driveways and parking areas which were used for commercial golf course • Lot 1: Remove extra commercial driveways and parking areas and lighting which were used for commercial golf course. Site to appear residential in nature. Remove all dead trees. • APN 045-391-014: Remove parking from rear of lot and remove utilities which serve Lot 1. • APN 045-391-013: Remove existing concrete, golf green, parking, and utilities which served golf course. 9. A. final landSGape and irrigatien plan shall be appreved prier te the issianno of bl dldiRg n mi+s anti inrL ided as ar+ of site im on+ relandscaped. Elp PS, BS 10. The front yards of lots 1 and 2 shall be landscaped with building BP PS permits; landscape in front yards to be completed prior to building permit final of each lot. All dead trees shall be removed from Lots 1 and 2 prior to building permit final 12. A 24' wide access easement shall be recorded on Lot 1 in favor of lots FM PS APN 045-391-007, 008, 009, 010, 011, 012, and 013 for access and maintenance. 1 All pFejeGt fenninn shall be !lista led GeR$FSten+r.�,Tith EXI iibi+�ry—T-he fisting roil forms shall be r red- as eede l GP/BP AS 14. Existing wire horse fencing to remain along property line. No new Ongoing PS fencing required around open space. Conditions of Approval / Timing Responsibility/ Mitigation Mitigation Monitoring Program CUP 2005-0175 Monitoring Measure FM: Final Map PS: Planning Services BL: Business BS: Building Services 13000 Ataseadero Road License FD: Fire Department PD-8 Master Plan of Development Amendment #3 GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy 15. Dn ra+o Tree Drn+on+ion Plan shall be prepared for pnoroanhmpn+ .'thin the drip line of no+iyp +rope Irmo+pd n odionpn++n +hp suhipn+ ao+i. pity within the Aria lines of existing native Aak trees P PS 16. The septic tank and leach fields shall be certified prior to building permit FO BS final to ensure these are in proper working order. 17. A deed notification shall be recorded on Lots 1 and 2 to notify future FM PS property owners that the site was at one time constructed and used as a commercial golf course. Some improvements associated with the golf course, such as irrigation, pump systems, etc., may remain on site. Some site installations by the previous owner during construction of the golf course in 2001 may not have been properly permitted through the Department of Fish and Game. 18. Affordable Housing Requirement: The applicant shall comply with the BP PS City Council inclusionary housing policy and pay an in-lieu fee based on 5% of the construction valuation of each new and existing housing unit. 19. Prior to final map, the applicant shall submit CC&Rs for review and FM PS, BS approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a) Provisions for private maintenance of the open space area and shored Ariy I y Ionated on Lot4-. b) The open space area on Lot 1 shall be landscaped--and maintained in perpetuity by the owner of Lot 1. No structures, vehicles, equipment, livestock or material shall be erected or stored in the open space easement. c) The limited grazing of animals for the purpose of annual wildfire fuel management is permitted. d) The CC&R's shall be consistent with the requirements of the existing CC&R's for the tract on Eagle Creek Court. City Engineer Project Specific Conditions 20. A right-of-way dedication and sewer easement shall be FM CE provided adjacent to the Santa Barbara Road / US 101 interchange consistent with Exhibit B. The size and dimension of the dedication shall be acceptable to the City Engineer prior to City Council Adoption of the Final Map• 21. Location of the septic systems, leachfields, and 100% FM CE/PS expansion areas will be shown and verified for code Conditions of Approval / Timing Responsibility/ Mitigation Mitigation Monitoring Program CUP 2005-0175 Monitoring Measure FM: Final Map PS: Planning Services BL: Business BS: Building Services 13000 Atascadero Road License FD: Fire Department PD-8 Master Plan of Development Amendment #3 GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy compliance prior to recording final map. 17. The app"n Rt shall obtain permits fr„ Gallifil Fish"'+-rn�- G;vA ,e' Regional Water Quality Control Board, and army Corns of Engineers if �P 188. Drier to the of building permits the nlinan+ shall submit OalniJA+innc +n support the design of aRY c+n .rfi ,roc n ('Inserd r--.end,--'+s shall be designed +O n , the 1n_, r flew with n vi+v flew the 25 year flew withhead, and provide safe n n for the Inn- year E)VeFflew. (,QD G€ 1-9. Will to the is of building n mi+s the annlinant shall n vide for the deten+inn and metering out of developed storm r Doff sO that itequi al +e er less than i ndeveleped s+erm r neff GP, lao GE -n Drainage basins shall he designed +e desil+ ,detain and meter storm ,ell relese +hem +n na+, iral r nAfflnna+inns flaws ;;q a a GP, no GE 21. Prior tvr cv^ +he issof building permits the annliga nTshall chg, , +hn -If .Ji+l��n �o s nifna+ions for GP, 13P `E ethe. manl,,i -2i2. Prl re,_to ,the _,$$ of building permits the + ,h-;;" she- ".AV_rmethn�rl GP, 13P 'E 22 ronnentra+ed drainage from off s'+e a shall he n yed aGFOSS +ho pFejeat site in drainage a en+s AOg, dre drainage e Onts ,.,here ceded Drainage shall O s ll lines Only where a drainage a eat ,a+er release m a+ f011ov, the a aO+ his+OriO path, rate and velodt y a prier to the subdivision. GP, 13P G€ 24. Applicant shall R-i-l-hirn't eresien in-1 plans and a Ster.rn �Afater Poll- P,c gene;,DI'�n rSWPPPTif-area disturbed is gFeater than 1 aGFe. Thhe Regional Water Quality Control Board shall appFeve the SWPPP—. GP, BR G€ 25. All public improvements shall be constructed in conformance with the GP, BP CE City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer Mitigation Measures Mitigation Measure 1.c.1: All dead trees and landscaping shall be removed FO PS 1.c.1 from the open space area on Lot 1 prior to final of the building permit for the residential conversion. Mitigation Measure 1.d.1: The commercial lighting fixtures associated withFO PS 1.d.1 the previous golf course shall be removed. All new lighting shall be Conditions of Approval / Timing Responsibility/ Mitigation Mitigation Monitoring Program CUP 2005-0175 Monitoring Measure FM: Final Map PS: Planning Services BL: Business BS: Building Services 13000 Atascadero Road License FD: Fire Department PD -8 Master Plan of Development Amendment #3 GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy residential in nature. Mitiqation Measure 3.b.1: The project shall be conditioned to comply with all BP BS/PS 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM - 10) as contained in the December 2009 Air Quality Handbook. Section 2.3.1: Standard Mitigation Measures for 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 power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). • Use diesel construction equipment meeting ARB's Tier 2 certified engines or cleaner off-road heavy-duty diesel engines, and comply with the State off -Road Regulation. • Use on -road heavy-duty trucks that meet the ARB's 2007 or cleaner certification standard for on -road heavy-duty diesel engines, and comply with the State On -Road Regulation. • Construction or trucking companies with fleets that that do not have engines in their fleet that meet the engine standards identified in the above two measures (e.g. captive or NOx exempt area fleets) may be eligible by proving alternative compliance. • All on and off-road diesel equipment shall not idle for more than 5 minutes. Signs shall be posted in the designated queuing areas and or job sites to remind drivers and operators of the 5 minute idling limit. • Diesel idling within 1,000 feet of sensitive receptors is not permitted. • Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors. • Electrify equipment when feasible. • Substitute gasoline -powered in place of diesel -powered equipment, where feasible. • Use alternatively fueled construction equipment on-site where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel. Section 2.4 Fugitive PM10 Projects with grading areas that are less than 4 -acres and that are not within 1,000 feet of any sensitive receptor shall implement the following mitigation measures to minimize nuisance impacts and to significantly reduce fugitive dust emissions 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 dail as needed. Conditions of Approval / Timing Responsibility/ Mitigation Mitigation Monitoring Program CUP 2005-0175 Monitoring Measure FM: Final Map PS: Planning Services BL: Business BS: Building Services 13000 Atascadero Road License FD: Fire Department PD -8 Master Plan of Development Amendment #3 GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy 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 covered with erosion control. 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 wash 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. All of these fugitive dust mitigation measures shall be shown on grading and building plans; and M. The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20% opacity, and to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD Compliance Division prior to the start of any grading, earthwork or demolition. Mitigation Measure 3.b.2: The project shall be conditioned to comply with all BP BS/PS 3.b.2 applicable APCD regulations pertaining to Naturally Occurring Asbestos. Prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if NOA is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Refer to the APCD web page at http://www.slocleanair.org/business/asbestos. asp for more information or contact the Enforcement Division at (805) 781-5912. Mitigation Measure 3.b.3: The project contractor shall obtain all the BP BS/CE 3.b.3 necessary permits required by APCD for the use of portable equipment that is 50 hp or greater. The contractor shall refer to APCD's 2009 CEQA Handbook Technical appendices page 4-4 as a guide to equipment and operations that may have permitting requirements. Conditions of Approval / Timing Responsibility/ Mitigation Mitigation Monitoring Program CUP 2005-0175 Monitoring Measure FM: Final Map PS: Planning Services BL: Business BS: Building Services 13000 Atascadero Road License FD: Fire Department PD -8 Master Plan of Development Amendment #3 GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy Mitigation Measure 3.b.4: Developmental Burning: Effective February 25, BP BS/PS 3.b.3 2000, the APCD prohibited developmental burning of vegetative material within San Luis Obispo County. If you have any questions regarding these requirements, contact the APCD Enforcement Division at 781-5912. Mitigation Measure 3.b.5: Under APCD Rule 504, only APCD approved BP BS/PS 3.b.4 wood burning devices can be installed in new dwelling units. These devices include: • All EPA -Certified Phase II wood burning devices; • Catalytic wood burning devices which emit less than or equal to 4.1 grams per hour of particulate matter which are not EPA -Certified but have been verified by a nationally -recognized testing lab; • Non -catalytic wood burning devices which emit less than or equal to 7.5 grams per hour of particulate matter which are not EPA - Certified but have been verified by a nationally -recognized testing lab; • Pellet -fueled woodheaters; and • Dedicated gas-fired fireplaces. If you have any questions about approved wood burning devices, please contact the APCD Enforcement Division at 781-5912. Mitigation Measure 3.b.6: During the renovation and conversion of the BP BS/CE 3.b.4 existing structures to residential, special precautions shall be made. These activities can have potential negative air quality impacts, including issues surrounding proper handling, demolition, and disposal of asbestos containing material (ACM). Asbestos containing material could be encountered during demolition or remodeling of existing buildings. Asbestos can also be found in utility pipes/pipelines (transite pipes or insulation on pipes). If utility pipelines are scheduled for removal or relocation, or buildings are removed or renovated, this project may be subject to various regulatory jurisdictions, including the requirements stipulated in the National Emission Standard for Hazardous Air Pollutants. These requirements include but are not limited to: 1.) notification requirements to the district, 2.) asbestos survey conducted by a Certified asbestos Inspector, and 3.) applicable removal and disposal requirements of identified ACM. Please contact Tim Fuhs of the Enforcement Division at 781-5912 for further information. Mitigation Measure 4.b.1: Any new landscape planted within the open BP PS 4.a.1 space easement or near Paloma Creek shall be native species approved by a biologist for use around creeks. The project biologist shall monitor all work within 50 feet of the creek bank. Mitigation Measure 5.d.1: In the event that human remains are discovered Ongoing PS 5.d.1 on the property, all work on the project shall stop and the Atascadero Police Department and the County Coroner shall be contacted. The Atascadero Community Development Department shall be notified. If the human Conditions of Approval / Timing Responsibility/ Mitigation Mitigation Monitoring Program CUP 2005-0175 Monitoring Measure FM: Final Map PS: Planning Services BL: Business BS: Building Services 13000 Atascadero Road License FD: Fire Department PD-8 Master Plan of Development Amendment #3 GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy remains are identified as being Native American, the California Native American Heritage Commission (NAHC) shall be contacted at (916) 653- 4082 within 24 hours. A representative from both the Chumash Tribe and the Salinan Tribe shall be notified and present during the excavation of any remains. Mitigation Measure 9.e.f.1: The City is responsible for ensuring that all BP BS/PS 9.e.f.1 contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. 26 A six (6) year Ia RdSiGnnn m.ainteria.n.pe and m nn+ plan shall be a led by City staff with a;maintenanne hend Gsp EXHIBIT B-1: Master Plan of Development / Site Plan PD -8 (modifications to site plan & dedication) ROW and sewer easement dedication. The size and dimension of the dedication and easement shall be acceptable to the City Enaineer prior to Citv Council Adoption of T�" f t y •' p / V Sewer easement S far for lift station: T, d 5� 6 i �� 5U'X 5()' s Odp� / r. 90' wide along' Santa -Barbara ROW dedication A 4 e�9Y a ra 19,11 Open Space easement not within ROW dedication or easement A 4 e�9Y a ra 19,11 EXHIBIT B-2: Master Plan of Development / Site Plan PD -8 DETAIL t a S IL ° �\ aq ? n^o' �.. 4 Sss.Q y f I cn / rlDN w EXHIBIT r_I; Landscape ol,., (Delete landscape plan for Lot 1) No landscape required to be installed on open space of Lot 1 Removal of dead trees only Front yard to be landscaped similar to Lot 2 and as required by CCBR's and PD -8 EXHIBIT C-2: Landscape Plan Lot 2 �x ;a ------- s __ --- ---------- � ----------------- �✓ er;i --�---_---_ — — — '1_-----------_ - Rai � Landscape -- F f— N on Lot 2 to be installed prior to building permit final for the conversion of storage building to residence on Lot 1 HO Y ¢ e PLANTING PLAN "PARCEL 2 d i EAGLE CRE' ---,� ^ .� �. ATA..ADEF GA.-- ecs EXHIBIT Do Fencing (Delete fencing plan; existing wire fencing to remain as previously installed) EXHIBIT E-1: Conceptual Floor Plans Elevations Converted Golf Clubhouse 1 FRONT RIGHT LEFT SFR CONVERSION DETAIL II - EXISTING - Floor plan layout and minor modifications to elevations may be permitted Conversion to single family unit(s) shall meet the requirements of the zoning ordinance, including, but not limited to the second unit ordinance and accessory structure definitions. The existing club house structure on Lot 1 may be converted to one single family residence, or may be converted to a main unit and second unit. EXHIBIT E-2: Conceptual Floor Plans Elevations Converted Shop Building EXHI-RIT F- Gradons and Drainage Plan (deleted - no grading proposed) RESOLUTION 2011-0025 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING AN AMENDMENT TO A 2 -LOT TENTATIVE PARCEL MAP 2005-00809 CONSISTENT WITH A MASTER PLAN OF DEVELOPMENT -8 APN 045-391-0209 025 13000 Atascadero Road (McGurty) WHEREAS, an application has been received from Kevin McGurty, 14002 San Antonio Road, Atascadero, CA 93422 (Applicant and Owner) to consider an Amendment to a Master Plan of Development and Tentative Parcel Map on a 10.0 -acre site located at 13000 Atascadero Road (045-391-020, 025); and, WHEREAS, the site's General Plan Designation is SFR -Y (Single -Family Residential 1.0 ac min); and, WHEREAS, the site's Zoning District is RSF-Y / PD -8 / FH (Residential Single -Family 1.0 ac min with a Planned Development -8 and Flood Hazard Overlay); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2011-0004 were prepared for the 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 Tentative Parcel Map 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 map; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on December 6, 2011, studied and considered an Amendment to Tentative Parcel Map 2005-0080, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Approval for an Amendment to Tentative Parcel May. The Planning Commission of the City of Atascadero finds as follows: The proposed subdivision, design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements, including provisions of the PD -8 Overlay District. 2. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District -8 Master Plan of Development (CUP 2005-0175). 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on December 6, 2011, resolved to approve an Amendment to Tentative Parcel Map (TPM 2005-0080) subject to the following: 1. Exhibit A: Amended Tentative Parcel Map 2005-0080 2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program 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 Chairperson ATTEST: Warren M. Frace Community Development Director Exhibit A: Tentative Tract Map as Amended December 6, 2011 ROW and sewer easement dedication. The size and dimension of the dedication andROW dedication easement shall be acceptable to the City Engineer prior to City Council Adoption of 109r wide along Sewer easement Santa Barbarai A , for lift station: /_ f\\ ' Open Space 50, x 50, Ar 9• E 4 E �i.a/ k ` i'" easement not �.�+" within ROW Vie.il .� dedication or easement AIX If JI 17 I jai T _ / tt k IN ,12 �_— s F•' m 1 �� /'/ I I C f � M � Fl7 Zm `. D 1 Fig : O e 5F g u 3 @3 i_iF3 5 -�ii C m A m e rya m <S 3333 ZI, Exhibit B: Conditions of Approval / Mitigation Monitoring Program Tentative Parcel Map 2005-0080 as Amended December 6, 2011 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 13000 Atascadero Road BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Parcel Map as Amended December 6, 2011 Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2005-0080 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. FO: Final Occupancy Planning Services 1. The approval of this parcel map shall become final and effective for the FM PS purposes of recording a final map thirty (30) days following the City Council approval of ZCH 2005-0111 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9- 1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Parcel Map shall be valid for two years after FM PS its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the authority to FM PS approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The Final Map shall be drawn in substantial conformance with the FM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 5. The subdivider shall defend, indemnify, and hold harmless the City of 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 subdivision. 22. All existing pavement, walkways, ramps, walls, transformers b6lildiRgs FM -F4 PS and similar appurtenance shall be removed from lots APN 045-391- 012, 045-391-013, 045-391-014 and proposed Lot #2 consistent with Exhibit B-1 and B-2 of CUP 2005-0175 as amended. Offsite removals (on adjacent lots) and removals on Lot 1 shall occur prior to building permit final for the conversion of the structure on Lot 1. Removals on Lot2 shall occur prior to building permit final of Lot 2. This includes: • Lot 2: Remove concrete and asphalt driveways and parking areas which were used for commercial golf course • Lot 1: Remove extra commercial driveways and parking areas and lighting which were used for commercial golf course. Site to appear residential in nature. Remove all dead trees. • APN 045-391-014: Remove parking from rear of lot and Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 13000 Atascadero Road BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Parcel Map as Amended December 6, 2011 Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2005-0080 T0: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy remove utilities which serve Lot 1. • APN 045-391-013: Remove existing concrete, golf green, parking, and utilities which served golf course. 23. A 24' wide access easement shall be recorded on Lot 1 in favor of lots FM PS APN 045-391-007, 008, 009, 010, 011, 012, and 013 for access and maintenance. 24. A deed notification shall be recorded on Lots 1 and 2 to notify future FM PS property owners that the site was at one time constructed and used as a commercial golf course. Some improvements associated with the golf course, such as irrigation, pump systems, etc., may remain on site. Some site installations by the previous owner during construction of the golf course in 2001 may not have been properly permitted through the Department of Fish and Game. 6. The Tract Map shall be subject to additional fees for park or recreation FM PS purposes (QUIMBY Act) as required by City Ordinance. 7. Affordable Housing Requirement: The applicant shall comply with the FM PS City Council inclusionary housing policy and pay an in-lieu fee based on 5% of the construction valuation of each new and existing housing unit. 8. A deed notification shall be attached to Lot 1 notifying the owner that FM PS the open space area on Lot 1 shall be landscaped and maintain in perpetuity by the owner of Lot 1 and no structures, vehicles, equipment, livestock or material shall be erected or stored in the open space easement. The limited grazing of animals for the purpose of annual wildfire fuel management is permitted. 9. Prior to Final Map, the applicant shall submit CC&Rs for review and FM 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 private maintenance of the open space area and shared driveway located on Lot 1. b) The open space area on Lot 1 shall be landscaped and maintain in perpetuity by the owner of Lot 1. No structures, vehicles, equipment, livestock or material shall be erected or stored in the open space easement. c) The limited grazing of animals for the purpose of annual wildfire fuel management is permitted. d) The CC&R's shall be consistent with the requirements of the existing CC&R's for the tract on Eagle Creek Court. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 13000 Atascadero Road BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Parcel Map as Amended December 6, 2011 Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2005-0080 T0: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy City Engineer Project Conditions 10. The applicant shall acquire written permission from all owners of FIFO CIE property where off site grading construction is proposed. If oWWRe permiSSOGR net be a redJ the annlisant shall install a dJonnratiye alit faro mall instead 11. A right-of-way dedication and sewer easement shall be provided FM CE adjacent to the Santa Barbara Road / US 101 interchange consistent with Exhibit A. The size and dimension of the dedication shall be acceptable to the City Engineer prior to City Council Adoption of the Final Map. 25. Location of the septic systems, leachfields, and 100% FM CE/PS expansion areas will be shown and verified for code compliance prior to recording final map. 13. The o.,n tshall obtain permits fre.m. Galife-Fnia Fish and Game RegiGRal Water Quality (`0121# 1 Beards ands Army Corps of ER90noorc if GP, co CE City Engineer Standard Conditions 14. 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. 15. An engineer's estimate of probable cost shall be submitted for review GP, BP CE and approval by the City Engineer to determine the amount of the bond. 16. The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map. 17. A six (6) foot Public Utility Easement (PUE) shall be provided GP, BP CE contiguous to the property frontage. 18. The applicant shall acquire title interest in any off-site land that may be GP, BP CE 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. 19. Slope easements shall be obtained by the applicant as needed to GP, BP CE accommodate cut or fill slopes. 20. Drainage easements shall be obtained by the applicant as needed GP, BP CE to accommodate both public and private drainage facilities. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 13000 Atascadero Road BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Parcel Map as Amended December 6, 2011 Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2005-0080 T0: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 21. A preliminary subdivision guarantee shall be submitted for review FM CE in conjunction with the processing of the parcel map. 22. The Final Map shall be signed by the City Engineer prior to the FM CE map being placed on the agenda for City Council acceptance. 23. Prior to recording the parcel map, the applicant shall pay all FM CE outstanding plan check/inspection fees. 24Drink+�, r e m nn A+ II heed for GE)Mplete all mpmvemeRtS required by these G-e-nrl'+l Approval. � `,� 25. Prior to recording the parcel map, the applicant shall submit a FM CE copy of a valid tax bond. 26. Prior to recording the parcel map, the applicant shall bond for or FM CE set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 27. Prior to recording the parcel map, the applicant shall submit a map FM CE 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. 28. All existing and proposed utility, pipeline, open space, or other FM CE 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 final/parcel map. 29. Prior to recording the parcel map, the applicant shall have the FM CE 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. Z!1 Prier to the iS of b iildiRg permits the annliran+ Shall s bmi+ rami Ja+innS +n ort the deSigR ref aRY S+r6 int IFe6 f,QD`� Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 13000 Atascadero Road BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Parcel Map as Amended December 6, 2011 Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2005-0080 T0: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy -61 far the deten+inn and motoring a ut of deyelened storm r nnff s se that it is al +n nr less than i lndeyelened storm r neff 32. Bra;r;agebasins, shall he deiiede-�eSiit,'+-retain arl meteF1312, s+nrrn flnMis as, well as release them to na+' i.ol FIJ neff Ingo+inns P CrE 3-3— Proar to the of buildiRg permits the appliGant shall sheiA the, menthed of dispersal at all pipe outlets. IRG16ide 6PGGifiGatiG% fn a &fir 1312, 1312 GE 34. Prier to the is nr-.p o pailaiRg permits the applicant shall she methed of. rends �.+ to a seri eff_si+e drai a fanilities GD�D G€ 2 5�Tnnrpntra+ed drainage from eff_site areas shall he red s the n eat site in drainage easements. AGq sire drainage easprnp +s ,r.he , nneedpd. n�ainage shall GFOSS In+ lines nnhr �rheree a drainage easeFP9Rt has been pr aided If drainage easement Gannet he obtained the storm r. pater release m ist fnller. then ant his+erin path, ra+e and velegi+v as er +n the si ihr ivisiAn GP, QD , pelt +inn Drnven+inn plan (SWDDD) if o a disturbed i eater than 1 an—re. The Reg'ORal WateF Quality G-e-Intre-1 Beard hall GP, BP GE 37. 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 Mitigation Measures Mitigation Measure 1.c.1: All dead trees and landscaping shall be removed FO PS 1.c.1 from the open space area on Lot 1 prior to final of the building permit for the residential conversion. Mitigation Measure 1.d.1: The commercial lighting fixtures associated with FO PS 1.d.1 the previous golf course shall be removed. All new lighting shall be residential in nature. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP BS/PS 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM - 10) as contained in the December 2009 Air Quality Handbook. Section 2.3.1: Standard Mitigation Measures for Construction Equipment • Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment, includin Conditions of Approval / Mitigation Monitoring Program 13000 Atascadero Road Vesting Tentative Parcel Map as Amended December 6, 2011 TPM 2005-0080 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map T0: Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). • Use diesel construction equipment meeting ARB's Tier 2 certified engines or cleaner off-road heavy-duty diesel engines, and comply with the State off -Road Regulation. • Use on -road heavy-duty trucks that meet the ARB's 2007 or cleaner certification standard for on -road heavy-duty diesel engines, and comply with the State On -Road Regulation. • Construction or trucking companies with fleets that that do not have engines in their fleet that meet the engine standards identified in the above two measures (e.g. captive or NOx exempt area fleets) may be eligible by proving alternative compliance. • All on and off-road diesel equipment shall not idle for more than 5 minutes. Signs shall be posted in the designated queuing areas and or job sites to remind drivers and operators of the 5 minute idling limit. • Diesel idling within 1,000 feet of sensitive receptors is not permitted. • Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors. • Electrify equipment when feasible. • Substitute gasoline -powered in place of diesel -powered equipment, where feasible. • Use alternatively fueled construction equipment on-site where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel. Section 2.4 Fugitive PM10 Projects with grading areas that are less than 4 -acres and that are not within 1,000 feet of any sensitive receptor shall implement the following mitigation measures to minimize nuisance impacts and to significantly reduce fugitive dust emissions N. Reduce the amount of the disturbed area where possible. O. 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. P. All dirt stockpile areas should be sprayed daily as needed. Q. 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. R. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be covered with erosion control. S. 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. T. All roadways, driveways, sidewalks, etc, to be paved should be Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 13000 Atascadero Road BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Parcel Map as Amended December 6, 2011 Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2005-0080 T0: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 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. U. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. V. 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. W. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. X. 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. Y. All of these fugitive dust mitigation measures shall be shown on grading and building plans; and Z. The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20% opacity, and to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD Compliance Division prior to the start of any grading, earthwork or demolition. Mitigation Measure 3.b.2: The project shall be conditioned to comply with all BP BS/PS 3.b.2 applicable APCD regulations pertaining to Naturally Occurring Asbestos. Prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if NOA is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Refer to the APCD web page at http://www. slocleanair.org/business/asbestos. asp for more information or contact the Enforcement Division at (805) 781-5912. Mitigation Measure 3.b.3: The project contractor shall obtain all the BP Ill 3.b.3 necessary permits required by APCD for the use of portable equipment that is 50 hp or greater. The contractor shall refer to APCD's 2009 CEQA Handbook Technical appendices page 4-4 as a guide to equipment and operations that may have permitting requirements. Mitigation Measure 3.b.4: Developmental Burning: Effective February 25, BP Ill 3.b.3 2000, the APCD prohibited developmental burning of vegetative material within San Luis Obispo County. If you have any questions regarding these requirements, contact the APCD Enforcement Division at 781-5912. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 13000 Atascadero Road BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Parcel Map as Amended December 6, 2011 Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2005-0080 T0: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. II F0: Final Occupancy Mitigation Measure 3.b.5: Under APCD Rule 504, only APCD approved BP ll 3.b.4 wood burning devices can be installed in new dwelling units. These devices include: • All EPA -Certified Phase II wood burning devices; • Catalytic wood burning devices which emit less than or equal to 4.1 grams per hour of particulate matter which are not EPA -Certified but have been verified by a nationally -recognized testing lab; • Non -catalytic wood burning devices which emit less than or equal to 7.5 grams per hour of particulate matter which are not EPA - Certified but have been verified by a nationally -recognized testing lab; • Pellet -fueled woodheaters; and • Dedicated gas-fired fireplaces. If you have any questions about approved wood burning devices, please contact the APCD Enforcement Division at 781-5912. Mitigation Measure 3.b.6: During the renovation and conversion of the BP Ill 3.b.4 existing structures to residential, special precautions shall be made. These activities can have potential negative air quality impacts, including issues surrounding proper handling, demolition, and disposal of asbestos containing material (ACM). Asbestos containing material could be encountered during demolition or remodeling of existing buildings. Asbestos can also be found in utility pipes/pipelines (transite pipes or insulation on pipes). If utility pipelines are scheduled for removal or relocation, or buildings are removed or renovated, this project may be subject to various regulatory jurisdictions, including the requirements stipulated in the National Emission Standard for Hazardous Air Pollutants. These requirements include but are not limited to: 1.) notification requirements to the district, 2.) asbestos survey conducted by a Certified asbestos Inspector, and 3.) applicable removal and disposal requirements of identified ACM. Please contact Tim Fuhs of the Enforcement Division at 781-5912 for further information. Mitigation Measure 4.b.1: Any new landscape planted within the open BP PS 4.a.1 space easement or near Paloma Creek shall be native species approved by a biologist for use around creeks. The project biologist shall monitor all work within 50 feet of the creek bank. Mitigation Measure 5.d.1: In the event that human remains are discovered Ongoing PS 5.d.1 on the property, all work on the project shall stop and the Atascadero Police Department and the County Coroner shall be contacted. The Atascadero Community Development Department shall be notified. If the human remains are identified as being Native American, the California Native American Heritage Commission (NAHC) shall be contacted at (916) 653- 4082 within 24 hours. A representative from both the Chumash Tribe and the Salinan Tribe shall be notified and present during the excavation of any remains. Mitigation Measure 9.e.f.1: The City is responsible for ensuring that all BP Ill 9.e.f.1 contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services 13000 Atascadero Road SIP: Subdivision FD: Fire Department Vesting Tentative Parcel Map as Amended December 6, 2011 Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2005-0080 TO: Temporary Occupancy WW: Wastewater CA: City Attorney Fl: Final inspection AMWC: Water Comp. F0: Final Occupancy construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. 27. A six (6) yearI_IOIRGI inteR@R Rd n,eRt_pla,hal be a ied by City staff with o maintertanEe hr.nd— r-P PS T:\- pre 06 PLNs (Old Planning Docs)\- GPA - General Plan Amendments\GPA 05\GPA 2005-0016 Eagle Creek\2011 Amendment McGurty & Michado\PC SR.Eagle Creek Amendment 12-6- 1l.doc ITEM NUMBER: 5 DATE: 12-6-11 Planning Commission Staff Report Staff Report - Community Development Department Alfredo Castillo, AICP, Assistant Planner, 470-3436, acastillo@atascadero.org Sara Schack, Planning Intern, planninginterns@atascadero.org PLN 2007-1190 Conditional Use Permit Amendment to Conditional Use Permit Residential Care Facility Use 9525 Gallina Ct (Vrajich) RECOMMENDATIONS: Staff recommends the Planning Commission adopt Resolution PC 2011-0020, approving an amendment to PLN 2007-1190 (Conditional Use Permit) to allow for a residential care facility in a Residential Suburban (RS) of up to 15 non-ambulatory residents based on findings and subject to Conditions of Approval. DISCUSSION: Situation and Facts 1. Property Owner / Applicant: Ruth and Milan Vrajich, 9525 Gallina Ct., Atascadero, CA 93422 2. Project Address: 9525 Gallina Ct., Atascadero, CA 93422 APN 054-272-025 3. General Plan Designation: Rural Estates (RE) 4. Zoning District: Residential Suburban (RS) 5. Site Area: 2.6 acres 6. Existing Use: Residential Care Facility 7. Environmental Status: Class 1, Categorical Exemption Section 15301: Existing Facilities Background: The proposed project consists of an amendment of a previously approved Conditional Use Permit (PLN 2007-1190 / PLN 2007-0203) to increase the number of residential care patients from 10 patients to 15 patients at an existing residential care facility located at 9525 Galina Ct. Paradise Valley Care home was established in 1999 and specializes in patients with Alzheimer's and dementia. At that time, it served 6 residents until the approval of the Conditional Use Permit (CUP) in 2007. The CUP allowed for eight (8) residents to be cared for at the property. Consistent with the Atascadero Municipal Code (AMC) 9-3.423, a CUP is required by the City of Atascadero for residential care facilities to care for over six (6) patients. A second amendment to increase the number of patients was approved in 2008. The applicant, with the approval of a third amendment, the care facility's maximum number of residents will be fifteen (15). It is currently and will remain licensed for care of "non-ambulatory" patients. California Health and Safety Code, Section 13131, defines "non- ambulatory" persons as: "Non-ambulatory Persons" means persons unable to leave a building unassisted under emergency conditions. It includes any person who is unable, or likely to be unable, to physically and mentally respond to a sensory signal approved by the State Fire Marshal, or an oral instruction relating to fire danger, and persons who depend upon mechanical aids such as crutches. walkers. and wheelchairs." ->urrounaing Lana use ana aettin Llano Rd. vY Santa Lucia Rd. 11 Surrounding Land Use and Setting North: Residential Suburban South.- Residential Suburban East: Residential Suburban West.- Residential Suburban Analysis, The project site is within the Rural Estates General Plan Land Use Designation and is zoned Residential Suburban, which allows for residential care facilities to serve more than 6 residents with the approval of a Conditional Use Permit. The site consists of a single-family home used as a residential facility, a shed, a mobile home, parking area for multiple cars, a back patio with seating areas, a gated pool area with poolside seating, and a large grass field in the back. The front, side, and back yards are all landscaped with grass, flowers, and mature trees. The property will remain under an R-2.1 occupancy under the California Building Code for a 24 -Hour Care Facility. This will allow for continued residential use rather than a typical hospital -type setting. California Residential Code, Section 1.1, defines R-2.1 occupancy as: R-2.1 This occupancy shall include building, structure or parts thereof housing clients, on a 24-hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment that provides personal care services. This occupancy may contain more than six non ambulatory and/ or bedridden clients. (See Section 425 Special Provisions for Licensed 24 - Hour Care Facilities in a Group R-2.1, R-3.1 or R-4 Occupancy). Such as Residential care facilities. The site consists of two (2) employees and two (2) owners during operating hours for the ten (10) residents. With the increase in number of residents, the resident to employee ratio will be 3:1. This ratio meets the state requirements for care facilities as required by the California Department of Health Services. There will be a maximum of three (3) employees per shift, a maximum of eighteen (18) people at the care facility. The property currently has a septic system. Homes that utilize septic systems are sized according to the number of bedrooms, not the number of bathrooms. The house is proposed to have a total of eight bedrooms, and increase from the current five bedrooms. The septic system will be to be properly sizes as a condition of approval (Condition 8). This will need to be completed at the time of building permit submittal. Parkina / Traffic / Circulation / Fire Access The increase from 10 residents to 15 residents will not create a significant increase in traffic. The site includes an existing parking area that accommodates residents, visitors, and employees. Adequate access is provided from Gallina Court. Off- street parking is provided at the front and side of the property. The front and side paved areas can accommodate up to 7 vehicles (5 in the front setback, 2 in the rear). Additional parking for employees is located along Gallina Court. This parking area can accommodate 3 parking spaces, for a total of 10 off-street parking spaces. The applicant directs staff and visitors to utilize the designated parking area on the front and side. At this time, residents do not have cars on-site due to the nature of care provide for Alzheimer's and dementia patients. A neighborhood compatibility concern will be the amount of on-site parking. Staff is concerned that parking may become an issue in the future and is recommending that parking be limited to visitors and employees only (Condition 7). The Fire Department has reviewed the site and has determined that there is adequate emergency access. The area for turnaround is plentiful and acceptable for emergency vehicles. rcainn19 aiiu rilC Muuuba 5 Parking g,25 Spaces "A 0.- i 2 Parking , Spaces F. ,4 At 3 Parking • f } ,i Ati . - Spaces A General Plan Consistency The proposed project is consistent with the following General Plan Housing Element Policy: Goal HOS 1: Promote diverse and high quality housing opportunities to meet the needs of all segments of the community. Goal HOS 4: Ensure equal access to sound, affordable housing for all persons regardless of race, religion, age, sex, marital status, ancestry, national origin, color, familial status, or disability. Findings The Planning Commission must make the following five findings to approve the requested use: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The use is consistent with the housing elements goals outlined in the General Plan. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance.) Staff Comment requirements. The proposed use is consistent with all 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. Staff Comment: The proposed use will not be detrimental to the general public or working person's health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The proposed increase in residential care clients will not negatively impact the surrounding neighborhood. 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. Staff Comment: The proposed project and use, is consistent with the traffic projections and road improvements anticipated within the General Plan based on limiting the amount of cars on-site to employees and visitors only (Condition 7). Additional traffic from visitors will be generated with the 5 additional patients. Based on staff's analysis in the preceding sections all the required findings for approval of a Conditional Use Permit Amendment can be made. Proposed Environmental Determination The project qualifies for a Class 1 categorical exemption. This categorical exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of use beyond that existing at the time of the Lead Agency's determination. The exemption includes interior or exterior alterations. Guidelines Sec. 15301. Conclusion The proposed project is a request to expand an existing 10 resident care facility to allow for fifteen (15) residents. The proposed increase will not create substantial impacts to the surrounding neighborhood and/or environment. The use is compatible with the Residential Suburban Zoning Designation and will provide increase opportunities to elderly persons requiring an additional level of care. ALTERNATIVES 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 parcel would retain its designation of Residential Suburban and would be allowed to continue to operate with a maximum of 10 clients. The Commission should 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 Map Attachment 3: Site Photos Attachment 4: Site Plan Attachment 5: Proposed Floor Plan Attachment 6: CEQA Exemption Attachment 7: Draft Resolution PC 2011-0020 ATTACHMENT 1: Location Map, General Plan and Zoning Zoning: RS (Residential Suburban) General Plan Desi nom: RE (Rural Estate) ATTACHMENT 2: Aerial Map Zoning: RS (Residential Suburban) General Plan Designation: RE (Rural Estate) ATTACHMENT 3: Site Photos ra1mI111J• oliva allu plug uavu 1.u11vulalull diva. i M.L,. 11141 lilt r t outdoor patio area witn seating, snaae ana ianascaping: - I - .m :a 174, I ol Y4 L6 -e ATTACHMENT 4: Site Plan 0 4 D N N aV Uig �n O t h .Q c v m (D D o N O Q) a r _- fi � D LO D U N N .n Q7 LL a � (� U O �p O (D Cy) N 1`7 00 7 D to aj N DOD QN=0 N Q N -Y U ad o U U UCLO00 -000 > 0 N i Cln U D D DN L- D :3 -u) 0 (TCT O) d- u) (n ATTACHMENT 5: Proposed Floor Plan RECEIVED ►� OCT 13 2011 I� COMMUNITY DEVELOPMENT 0I �n A A V) -C U r U) 0 0 0 N a N C M 0 0) W Q o U Proposed new bedrooms a - o (conversion of 'common area') �* n c � a� U V) Q C > I > cn a D � C CD Ln o � tC4y, Ln .� A ATTACHMENT 6: CEQA Exemption f — �A,SCAD� TO: File CITY OF ATASCADERO NOTICE OF EXEMPTION 6907 El Camino Rcal Atascadero, CA 93422 805.461.5000 FROM: Sara Schack Planning Intern 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 2007-1190 / Conditional Use Permit PLN 2007-0203 Project Location: 9525 Gallina Ct., Atascadero, CA 93422, San Luis Obispo County Project Description: This is an application for a Second Amendment to a Conditional Use Permit to allow expansion of a residential care facility from ten (10) residents to fifteen (15) residents. Name of Public Agency pproving Project: City of Atascadero Name of Person or Agency CgMing Out Project: Ruth and Milan Vrajich (applicant) Exempt Status: ❑ Ministerial (Sec. 15073) ❑ Emergency Project (Sec. 1507 (b) and (c)) ❑ Declared Emergency (Sec. 15061 (a)) ❑ General Rule Exemption (Sec. 1506 Lc) ® Categorically Exempt (Sec. 15301) Reasons why project is exemp : Class 1 of the California Environmental Quality Act (CEQA) (Section 15301, applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of use beyond that existing at the time of the Lead Agency's determination. The exemption includes interior or exterior alterations. Contact Person: Sara Schack, planningintems@atascadero.org Date: December 6, 2011 Sara Schack Planning Intern ATTACHMENT 7: Draft Resolution PC 2011-0020 DRAFT RESOLUTION PC 2011-0020 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2007-1190 AMENDMENT TO CONDITIONAL USE PERMIT PLN 2007-0203 TO ESTABLISH A 15 -CLIENT RESIDENTIAL CARE FACILITY LOCATED AT 9525 GALLINA COURT APN 054-272-025 (Vrajich) WHEREAS, an application has been received from Ruth and Milan Vrajich, 9525 Gallina Ct, Atascadero, CA 93422, (Owner and Applicant) to consider an Amendment to PLN 2007-1190/Conditional Use Permit 2007-0203 to allow up to 15 clients at an existing residential care facility at the site of an existing 10 -client facility at 9525 Gallina Ct. (APN 054-272-025); and, WHEREAS, the site's current General Plan Designation is Rural Estate (RE); and, WHEREAS, the site's current zoning district is Residential Suburban (RS); and, WHEREAS, Residential Care Facilities serving 6 or more clients is a Conditional Use in the RS Zone; and, WHEREAS, the facility is currently approved for a maximum of 10 clients; and, WHEREAS, the project is Class 1 Categorically Exempt for Infill Projects in accordance with 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 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 application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on December 6, 2011, studied and considered an amendment to PLN 2007- 1190; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for approval of Conditional Use. 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 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on December 6, 2011 resolved to approve an Amendment to PLN 2007-1190 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT C: Floor Plan EXHIBIT D: Parking Areas 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 Conditions of Approval Timing Responsibility Mitigation PLN 2007-1190 Amendment BL: Business /Monitoring Measure CUP 2007-0203 License GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services 9525 Gaiiina Ct FI: Final Inspection TO: Temporary FD: Fire Department PD: Police Department Occupancy CE: City Engineer FO: Final WW: Wastewater Occupancy FM: CA: City Attorney Final Map Planning Department Standard Conditions 1. This Conditional Use Permit shall be for a 15 -client residential FO PS care facility located at 9525 Gallina Ct (APN 054-272-025) regardless of owner. 2. The approval of this Use Permit shall become final and effective BP 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 authority BP PS, CE 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 and any associated Tentative Maps unless appealed to the City Council. 4. Discontinuance and re-establishment of this use shall be BP PS governed by the Atascadero Municipal Code non -conforming use provisions section 9-7.107 5. The applicant shall defend, indemnify, and hold harmless the City Ongoing of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the subdivision. Planning Department Specific Conditions 6. The facility shall meet or exceed all standards as required by the Ongoing BS/FD California Building Code (CBC) and any superseding local ordinances related to building safety and/or fire codes and regulations. 7. The applicant shall limit parking to employees and visitors only. Ongoing BS/FD Residents of the care facility will not be allowed to store or park vehicles on the premise. Applicant shall properly maintain off- street parking areas as shown in Exhibit D. Public Works Project Conditions 8. Provide verification from a licensed Civil Engineer stating that the BP BS septic system is designed and capable to handle the eight bedrooms proposed. If the current system is not large enough, a new system must be engineered and permitted prior to an increase in clients. 9. Show the 100% reserve leach field area on the plans with a note BP BS stating that structures cannot be built over or within eight feet of the reserve area. The size of the area is based on the size needed for up to 8 bedrooms. EXHIBIT B: Site Plan 0 N E 0 oa �d N V1� 1A Y7 t n m D m I N c �i U � Z � o Q U x c g � — � I v 0 r n _ _ D Lo N C: N D U � N N � d- n M L L- Lei D 0- CT U O �p o CD rn N M0c) 7 D to N COOD� QN=CD " N N N -Y U D' Q) �pd-aa U cLf) O O U -000 a p�LL. LL- % — N N L L cln OU D D DNL D D — In D Q D- i EXHIBIT C: Floor Plan RECEIVED M OCT 13 2011 COMMUNITY DEVELOPMENT -dK0I - < J > �� u7 - A U r U) 0 . - 0 0- 0 N a N C � 0 0) In Q o U 8- Proposed new bedrooms Q) Q) 0 00 C) (conversion of 'common area') 4-1 D � U 0 0 D Q C +; d p D � C ` w CD A o Lr) Z Lr) 0) I 00 EXHIBIT D: Parking Area .5t• .X �E`.d'. *- 5 Parking / Spaces 2 Parking Spaces A 1 w 3 Parking Spaces max: ITEM NUMBER: 6 DATE: 12-6-11 Atascadero Planning Commission Staff Report - Community Development Department Alfredo R. Castillo, AICP, Assistant Planner, 470-3436, acastillo@atascadero.org PLN 2099-0284 Amendment to Conditional Use Permit 2005-0161 Transmission Shop and Storage Building 8900, 8910 EI Camino Real (Duty, Davis) SUBJECT: The proposed project consists of an application for an amendment to and reconsideration of a Conditional Use Permit to allow construction of a previously approved storage building and transmission shop at the above location. The proposal includes one new 3,920 square -foot metal building, retention of the existing buildings, and on-site parking. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2011-0021 approving an amendment to Conditional Use Permit 2005-0161 based on findings and subject to Conditions of Approval. Situation and Facts 1. Property Owners: James Duty, 8787 Plata Lane, #3, Atascadero, CA 93422 Robert Davis, 8787 Plata Lane #5, Atascadero, CA 93422 2. Applicant: James Duty, 8787 Plata Lane, #3, Atascadero, CA 93422 3. Project Address: 8900,8910 EI Camino Real, Atascadero, CA 93422 (San Luis Obispo County) APN 056-051-033 4. General Plan Designation: Service Commercial (SC) 5. Zoning District: Commercial Service (CS) 6. Site Area: 0.93 acres 7. Existing Use: Service Commercial 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration (2005-0031) for CUP 2005-0161 DISCUSSION: Background A Conditional Use Permit (CUP 2005-0161) was approved by the Planning Commission on October 18, 2005 allowing the construction of two new 4,000 square -foot metal buildings, retention of the existing building, site landscaping, and on-site parking at 8900 EI Camino Real. Each building is part of a Master Plan of Development with the rear most building scheduled as Phase II. Building permits were issued for the project and Phase I has been constructed. However, because Phase II was not completed within the required five (5) years of issuance of the Conditional Use Permit, approval for the second phase expired and became null and void. The applicant is now requesting an amendment to reinstate approval for the second building, which would include 1,000 square feet for a transmission shop and 2,920 square feet for additional storage, be located at the rear of the property. The updated site plan would include 19 parking spaces. Surroundina Land Use and Settin North: Commercial Retail South: Service Commercial East: Service Commercial West: Service Commercial ANALYSIS: Aerial Photo t The project site is within the Service Commercial General Plan Land Use Designation and Commercial Service Zoning District, which allows light repair services and auto repair and conditionally allows accessory storage and storage yards if required findings can be made per the Atascadero Municipal Code (AMC) 9-6.103 and 9-6.140. Existing Site Conditions The approximately one acre (0.93 ac) project site is developed with a converted house that is used for business offices and a 4,000 square foot industrial building constructed as a part of Phase I of the Master Plan. It contains a transmission shop and storage facility. The existing site plan design meets the requirements of the Atascadero Municipal Code and the appearance review requirements of the General Plan. The site includes perimeter landscaping and fencing designed to screen the proposed use and structures. The frontage along EI Camino Real includes landscaping and street trees, consistent with the approved CUP. EI Camino Real Frontage DRC Review Existing Building B r The DRC reviewed the proposed structure would be built at the rear of the site, at or near its southern and western edges. New parking is configured at a 90 degree angle along the southern edge of the parcel and along the north side of the proposed building. Existing landscaping is concentrated between the street front and the front office building. The DRC is recommending the Planning Commission waive the requirement for a minimum of ten percent (10%) of the interior of all parking lots shall be landscaped and 6 -foot wide landscape fingers shall be provided every eight parking spaces. I— ar"'rr^..e..� — .•an�'r en.h,f -y --- .A ..P..gr•»,v°-- --._ _ .w.�..�--• I Existing Landscaping I r • �� Jp- �- n" r yT rR It M"R " a Outdoor Storage to remain r�LDGg'A K.s r•rr' i Min. 20 -foot Fire Clearance BLDG.'S' wwrvq .w^T °"r"�•l I 1 � � ..••7,,. �w Proposed Building Outdoor Storage to remain r�LDGg'A K.s r•rr' i Min. 20 -foot Fire Clearance Uses The site is occupied by Coastal Rental Equipment, which rents, sells, and services a variety of equipment. An existing 1,720 square foot single-family residential building along the frontage of EI Camino Real serves as the main commercial space and rental office. The metal building constructed as Phase I includes 1,000 square feet of storage space for rental equipment and a 3,000 square foot transmission shop. Currently the rear of the property along the southern edge is being used as an outdoor storage yard. The storage use would be eliminated with the construction of the Phase II building. Outdoor storage would be limited to the area between Building "A" and Building "B" as well as a portion of the southern side of the side with a minimum 20 -foot fire clearance is maintained at all times. The outdoor storage area will be required to be stripped to delineate storage area and keep the fire lane clear for emergencies. The applicant would be providing the required number of spaces for all the uses existing and proposed on-site. The total number of parking spaces require by the AMC is 19. The applicant is proposed to provide 19 spaces on-site. With the expiration of approval for Phase II of the development plan, the site is not entitled for any additional construction at this time. The proposed amendment to CUP 2005-0161 would reinstate approval for construction of the 3,920 sf transmission shop and storage building on-site. Findings for a Conditional Use Permit The Planning Commission must make the following five findings in order to approve a CUP for the transmission shop and accessory storage building within the service commercial zone. If the Commission chooses to deny the project, site specific findings for denial must be cited. 1. The proposed project or use is consistent with the General Plan. Staff Comment: The use is consistent with the General Plan 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). Staff Comment: The proposed project satisfies all applicable provisions of the City's 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. Staff Comment: The proposed project and operation is currently and will not be a detriment to the health, safety, or welfare of the general public. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The existing project is consistent with the character of the neighborhood. The additional building will not create an inconsistency nor be contrary to 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. Staff Comment: The proposed building will not increase traffic beyond the safe capacity. 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. ENVIRONMENTAL DETERMINATION: The Mitigated Negative Declaration for CUP 2005-0161 analyzed impacts for two new 4,000 square foot metal storage/service buildings and one existing 1,720 square foot single-family residential building being used as a commercial rental office. Staff considers the proposed project to be consistent with Certified Mitigated Negative Declaration (2005-0031) for CUP 2005-0161. All previously approved mitigation measures must still be followed. These measures are included in the conditions of approval. CONCLUSION: The applicant is proposing construction of a previously entitled 3,920 square foot transmission shop and accessory storage building. The proposed project is consistent with the General Plan and Atascadero Municipal Code. Based on the above analysis and incorporated conditions, staff believes that the findings for approval of the amendment of a Conditional Use Permit 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: Site Photos Attachment 4: Proposed Site Plan Attachment 5: Proposed Floor Plan Attachment 6: Notice of Determination Attachment 7: Draft Resolution PC 2011-0021 Attachment 1: Location Map, General Plan and Zoning Zoning: Service Commercial (SC) General Plan Designation: Commercial Service (CS) Attachment 2: Aerial Photo �. F 9� ;ti � y-- +� e a i s o4 Coastal Rental Equipment V, sem. 8900 EI Camino Real Attachment 3: Site Photos Proposed Building "C" Location (looking NW) Proposed Building OC" Location (looking SW) Attachment 3: Site Photos (continued) Existing Building "B' (Transmission Shop - looking NE) Existing Building 9B' (Transmission Shop - looking SE) Attachment 3: Site Photos (continued) Existing Parking along north side of Building iB' Existing Outdoor Storage along south of Building "B' Attachment 4: Proposed Site Plan �3a UNfwwy� 3 W aq _ o_� 3 = 1$ 0 = e s �38„ N lip 24 t,av S I C cc i J $�2 I x mi L!jx } L I 1 d ai Ir - I I ; o JE - i I s. _ iada IL I I r 7i •`1 I I r N CO = 3 s R Proposed Building ~ V,- t MR, 1- I--- �• in Attachment 5: Proposed Floor Plan 1N 4 I A6 s �s N � A 1t IM I s _ D d .4DI"O� I Attachment 6: Notice of Determination (E' -)RSED) FILED NOV 18 2005 JULIE L. RODEWALD COUNTY CLERK By Darlene A Roberts DEPUTY CLERK CITY OF ATASCADERO NOTICE OF DETERMINATION 6905 EI Camino Real, Suite 6 Atascadero, CA 93422 805.461.5000 To: ® County Clerk. County of San Luis Obispo From: Steven G. McHarris. City of Atascadero Subject: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code STATE CLEARINGHOUSE tar: Applicant: DeCou Lumber Co.. P.O. Box 698. Atascadero. CA 93423 Phone: 466-8103 Project Title: Conditional Use Permit 2005-0161 Project 8900 EI Camino Real Atascadero. CA 93422 APN 056-051-033 Location: i Project The proposed project consists of an application for a Conditional Use Permit for the construction of Description: two 4000 square foot storage buildings. The buildings are proposed to be constructed in two phases. The site is located on 0.93 acres within the Commercial Service Zone. i General Plan Designation: Service Commercial (SC) Zoning District Commercial Service (CS) This is to certify that the City of Atascadero, the ® lead/a ❑ responsible agency approved the above-described project on October 18, 2005 and made the following determinations: 1. The project ❑ will ® will not have a significant effect on the environment 2. ❑ An Environmental Impact Report was prepared and certified for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency. ❑ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency. ® A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency. 3. Mitigation measures ® were ❑ were not made a condition of the approval of the project. 4. A Statement of Overriding Considerations ❑ was ® was not adopted for this project. 5. Findings Z were ❑ were not made pursuant to the provisions of CEQA. 6. The location and custodian of the documents which comprise the record of proceedings for the Final EIR (with comments and responses) or Mitigated Negative Declaration are specified as follows: Custodian : ven G. AlcHarns. Community Development Deputy Director Location' , r'Ommum(v Development Department. 6905 EI Camino Real. Suite 6. Atascadero. CA 93422 Ston G. McHarrts. Community Development Deputy Director Date 1- t,IV 2�-IitcI I I--1-11,. —I- I I�I195IU 57 M1 6905 EL CAMINO REAL, SUITE 6 a ATASCADERO, CA 93422 • (805) 461-5000 • FAX 461-7612 Attachment 7: Draft Resolution PC 2011-0021 DRAFT RESOLUTION PC 2011-0021 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT 2005-0161 TO ALLOW CONSTRUCTION OF A 39920 SF TRANSMISSION SHOP AND ACCESORY STORAGE BUILDING AT APN 056-051-033 (89009 8910 El Camino Real /Duty, Davis) WHEREAS, an application has been received from Applicant and Property Owner, James Duty, (8787 Plata Lane, #3, Atascadero, CA, 93422) to consider an amendment to an existing Conditional Use Permit (CUP 2005-0161); to construct a transmission shop and accessory storage building and, WHEREAS, the site's General Plan Designation is Commercial Service (CS); and, WHEREAS, the site's Zoning is Service Commercial (SC); and, WHEREAS, a Conditional Use Permit is required to construct a transmission shop and accessory storage building within the Service Commercial zone; and, WHEREAS, CUP 2005-0161 was previously approved on this site for a repair shop and storage use; and, WHEREAS, the proposed project is consistent with adopted Mitigated Negative Declaration 2005-0031 for CUP 2005-0161; 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 December 6, 2011, studied and considered the amendment to Conditional Use Permit 2005-0161, and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Environmental Consistency. The Planning Commission finds as follows: 1. The proposed project is consistent with adopted Mitigated Negative Declaration 2005- 0031, thereby fulfilling 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 December 6, 2011 resolved to approve the amendment to Conditional Use Permit 2005-0161 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Approved Site Plan EXHIBIT C: Revised Site Plan EXHIBIT D: Approved Elevations EXHIBIT E: Revised Building C Elevations EXHIBIT F: Proposed Building C Floor Plan EXHIBIT G: Landscape Plan EXHIBIT H: Color and Materials Board EXHIBIT 1: Adopted Mitigated Negative Declaration 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 Frace Community Development Director EXHIBIT A: Conditions of Approval (PLN 2099-0284/CUP 2005-0161) Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring 8900 E/ Camino Rea/ BL: Business License PS: Planning Services BS: Building Services CUP 2005-0161 GP: Grading Permit FD: Fire Department BP: Building PD: Police Department CE: City Engineer Permit FI: Final WW: Wastewater Inspection CA: City Attorney TO: Temporary Occupancy F0: Final Occupancy Planning Services 1. This conditional use permit shall be for a storage yard, indoor storage and FM PS auto repair use and associated offices as described on the attached exhibits and located on parcel 056-051-033 regardless of owner. Approval includes a phased plan for twe 4,000 one 3,920 sf metal storage building on-site. 2. The approval of this use permit shall become final and effective for the FM PS 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 authority to BP / FM PS, CE 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 and any associated Tentative Maps unless appealed to the City Council. 4. Approval of this Conditional Use Permit shall be valid for twelve BP / FM PS twenty-four (24) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. this appreval. Approval of Phase 11 shall expire At that time -and henerne ni -11 and void FequlFdRg a r.,nai+i„nA-t Use Permit amendment to re Rstate nn„ 66IGh proposal shall GE)Mply with -all fi-Iture ZO-RiRg c)PdiRaRG86 StAndArd-8 5. The applicant shall defend, indemnify, and hold harmless the City of Ongoing Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 6 nn„ s bseq ion+ TeRtatiye Map ,nd All construction permits shall be BP/FM PS, CE consistent with the Master Plan of Development contained herein. 7. All exterior elevations, finish materials, and colors shall be consistent with BP PS the Master Plan of Development as shown in EXHIBITS I. an EXHIBITS E and H with the following modifications: Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring 8900 E/ Camino Rea/ BL: Business License PS: Planning Services BS: Building Services CUP 2005-0161 GP: Grading Permit FD: Fire Department BP: Building PD: Police Department CE: City Engineer Permit FI: Final WW: Wastewater Inspection CA: City Attorney TO: Temporary Occupancy F0: Final Occupancy • All exterior material finishes shall be durable, high quality, and consistent with the architectural appearance. ■ Any exterior light fixtures shall be compatible with building design, subject to staff approval. 8. All site work, grading, and site improvements shall be consistent with the BP/FM PS, BS, CE Master Plan of Development as shown in EXHIBIT rr EXHIBIT C. 9. A final landscape and irrigation plan shall be approved prior to the issuance BP PS, BS of building permits and included as part of site improvement plan consistent with EXHIBIT F EXHIBIT G, and as follows: ■ All areas shown on the landscape plan shall be landscaped prior to the final of any single building permit on-site. ■ The applicant shall work with planning staff to determine the best placement for the side and street trees and shall work with engineering staff to determine the best location for the street trees so that no views are obscured. 10. All Outdoor storage shall be placed indoors with the construction of BP PS, BS Building C and in the designated areas as shown in Exhibit C. In no instance shall there be scrap, junk or wrecked vehicles outside of buildings or located within parking areas. 11. Outdoor Storage area along the southern property boundary shall be stripped with white paint or similar color to delineate area of outdoor storage. A minimum fire clearance of 20-feet shall be maintained at all times for fire clearance. Building Services 12. A soils investigation prepared by a licensed Geotechnical Engineer is to GP PS be provided for the project. The report is to be provided at the time of BP building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. PUBLIC WORKS 13. The applicant shall submit an erosion -And ^'eA^ v.4ater control plan for BP CE review by the City Engineer prior to the issuance of building permits. 14. The applicant shall pay all sewer fees prior to the issuance of BP CE building permits. 15. The applicant shall provide for the detention of stormwater if 1000 BP CE square feet or more of impervious surface is added to the site. The applicant shall detain the difference between the 2 year Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring 8900 E/ Camino Rea/ BL: Business License PS: Planning Services BS: Building Services CUP 2005-0161 GP: Grading Permit FD: Fire Department BP: Building PD: Police Department Permit CE: City Engineer FI: Final WN: Wastewater Inspection CA: City Attorney TO: Temporary Occupancy F0: Final Occupancy undeveloped storm and the 50 year developed storm. 16. Oil, transmission or radiator fluid changes shall not occur in areas CE that drain to any stormwater facilities. 17. Car washing shall take place in areas where wash water can be CE collected and disposed of in the sanitary sewer. In the event a commercial car wash is installed, the applicant shall apply for permission to discharge to the sanitary sewer system prior to system operation. EXHIBIT B: Approved Site Plan FL CAM!Nq- REAL . _ JOV �1Fi I19y91A�ld �� ��� E •1' di ilk 5 i8 g -- - W1 r EXHIBIT C: Revised Site Plan —Ti55C — I I i �.y H °� s •� I I� ° m I - I� I G <x I Proposed Building -- I \ I r I j tat ,J L 8� 3 IZ _ Im a• +� S V "fi a P 0 j it a� Im a G y o R $ I IL m o S x Z }¢ p e i I T � ✓ 117 I I z —Ti55C — I I i �.y H °� s •� I I� ° m I - I� I G <x I Proposed Building -- I \ I r I j tat ,J L EXHIBIT D: Approved Elevations EXHIBIT E: Revised Building •C' Elevations I : -H "IYW4- nr/-Ei al .. 1 —II t-` EXHIBIT F: Proposed Building 'C' Floor Plan 91 R1 4 ct Q .. Q R1 EXHIBIT G: Landscape Plan EXHIBIT H: Color and Materials Board C.OR AND MATERIAL / SAMPLEOOARD FOR DECOU LUMBER CO. INC. (FOR TAYLOR RENTAL) 8900 EL CAMINO REAL ATASCADERO, CA. �Mnr JIIN 13 10Q3 p�vEC ppM�NT Charcoal Black ■ COMP SHINGLE HOOF AT EXISTING FRONT BUILDING s-r0t40, wiH 1i�`�. WALL / SIDING COLOR AT FRONT BUILDING (EX.) TRIM / FASCIA COLOR AT FRONT BUILDING (EX. WALL / ROOF PANEL COLOR AT PROPOSED STORAGE BUILDING See project file for specific proposed color selections Exhibit I: Adopted Mitigated Negative Declaration See Next Page City of Atascadero CEQA Referral R equ est for Comments Community Development Department 6905 El Camino Real, Suite 6, Atascadero, CA 93422 (805) 461-5000 Date: September 21, 2005 Atascadero Mutual Water Company Address Management System Charter Communications Pacific Bell Pacific Gas and Electric San Luis Obispo Air Pollution Control District So. Ca. Gas Co. SLO County Assessor's Office SLOCOG, Peter Brown US Postal Service Owners: DeCou Lumber Co., P.O. Box 698, Atascadero, CA 93422 Architect: Robert Fisher, 8665 Mirada Lane, Atascadero, CA 93422 From: Kelly Gleason, Associate Planner 0 The attached Proposed Mitigated Negative Declaration is referred for your Agency's review and comment. The public review period for this project runs from September 21, 2005 through October 10, 2005. Mitigated Negative Declaration 2005-0131 and Initial Study. CITY OF ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT CITY OF ATASCADERO NOTICE OF INTENT TO ADOPT MITIGATED NEGATIVE DECLARATION AND PLANNING COMMISSION PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Atascadero Planning Commission will be holding a public hearing to consider the following project and environmental determination. The public is encouraged to attend. Applicant: DeCou Lumber Co., P.O. Box 698, Atascadero, CA 93423 Phone: 466-8103 Project Title: Conditional Use Permit 2005-0161 Project 8900 El Camino Real Atascadero, CA 93422 APN 056-051-033 Location: Pavilion on the Lake, 7:00 p.m. Project The proposed project consists of an application for a Conditional Use Permit for the construction of Description: two 4000 square foot storage buildings. The buildings are proposed to be constructed in two phases. Environmental The site is located on 0.93 acres within the Commercial Service Zone. Determination: General Plan Designation: Service Commercial (SC) Zoning District: Commercial Service (CS) Environmental Begins: September 21, 2005 Review Dates: Ends: October 10, 2005 Hearing Date: October 18, 2005 Hearing Pavilion on the Lake, 7:00 p.m. Location: 9315 Pismo Avenue, Atascadero, CA 93422 Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration Environmental is proposed. The proposed Mitigated Negative Declaration is available for public Determination: review from 9/21/05 through 10/10/05 at 6905 El Camino Real, Suite 6, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Any interested person may review the proposed Mitigated Negative Declaration and project files. Questions should be directed to Kelly Gleason, Associate Planner at 461-5000, ext 3436. Warren M. Frace, Community Development Director Date File: CUP 2005-0161.EI Camino.MND.kg Print Date: 12/01/119:48 AM 6905 EL CAMINO REAL, SUITE 6 • ATASCADERO, CA 93422 • (805) 461-5000 • FAX 461-7612 CITY OF ATASCADERO CERTIFICATE OF FEE EXEMPTION 6905 El Camino Real, Suite 6 Atascadero, CA 93422 805/461-5000 De Minimis Impact Finding Applicant: DeCou Lumber Co., P.O. Box 698, Atascadero, CA 93423 Phone: 466-8103 Project Title: Conditional Use Permit 2005-0161 Project 8900 El Camino Real Atascadero, CA 93422 APN 056-051-033 Location: Project The proposed project consists of an application for a Conditional Use Permit for the construction of Description: two 4000 square foot storage buildings. The buildings are proposed to be constructed in two phases. The site is located on 0.93 acres within the Commercial Service Zone. General Plan Designation: Service Commercial (SC) Zoning District: Commercial Service (CS) FINDINGS OF EXEMPTION: 1. An Initial Study has been prepared by the Lead Agency to evaluate the project's effects on wildlife resources, if any. 2. The Lead Agency hereby finds that there is no evidence before the City that the project will have any potential for adverse effect on the environment. 3. The project ❑ *will ® will not result in any changes to the following resources: (a) Riparian land, rivers, streams, watercourses and wetlands; (b) Native and non-native plant life and the soil required to sustain habitat for fish and wildlife; (c) Rare and unique plant life and ecological communities dependant on plant life; (d) Listed threatened and endangered plants and animals and the habitat in which they are believed to reside; (e) All species listed as protected or identified for special management in the Fish and Game Code, the Public Resources Code, the Water Code or regulations adopted thereunder; (f) All marine and terrestrial species subject to the jurisdiction of the Department of Fish and Game and the ecological communities in which they reside; and (g) All air and water resources, the degradation of which will individually or cumulatively result in a loss of biological diversity among the plants and animals residing in that air and water. *If the project will result in changes to any of these resources, the City has, on the basis of substantial evidence, "rebutted" the presumption of adverse effect to these resources. A statement in support of this rebuttal is attached. CERTIFICATION: I hereby certify that the Lead Agency has made the above finding(s) of fact and based upon the Initial Study and the hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. Steven G. McHarris, Community Development Deputy Director Date File: CUP 2005-0161.EI Camino.MND.kg Print Date: 12/01/119:48 AM 6905 EL CAMINO REAL, SUITE 6 • ATASCADERO, CA 93422 • (805) 461-5000 • FAX 461-7612 CITY OF ATASCADERO NOTICE OF DETERMINATION 6905 El Camino Real, Suite 6 Atascadero, CA 93422 805.461.5000 To: ® County Clerk, County of San Luis Obispo From: Steven G. McHarris, City of Atascadero Subject:Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code STATE CLEARINGHOUSE #: Applicant: DeCou Lumber Co., P.O. Box 698, Atascadero, CA 93423 Phone: 466-8103 Project Title: Conditional Use Permit 2005-0161 Project 8900 El Camino Real Atascadero, CA 93422 APN 056-051-033 Location: Project The proposed project consists of an application for a Conditional Use Permit for the construction of Description: two 4000 square foot storage buildings. The buildings are proposed to be constructed in two phases. The site is located on 0.93 acres within the Commercial Service Zone. General Plan Designation: Service Commercial (SC) Zoning District: Commercial Service (CS) This is to certify that the City of Atascadero, the ® lead/a ❑ responsible agency approved the above-described project on October 18, 2005 and made the following determinations: 1. The project ❑ will ® will not have a significant effect on the environment. 2. ❑ An Environmental hnpact Report was prepared and certified for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency. ❑ ANegative Declaration was prepared for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency. ® A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency. 3. Mitigation measures ® were ❑ were not made a condition of the approval of the project. 4. A Statement of Overriding Considerations ❑ was ® was not adopted for this project. 5. Findings ® were ❑ were not made pursuant to the provisions of CEQA. 6. The location and custodian of the documents which comprise the record of proceedings for the Final EIR (with comments and responses) or Mitigated Negative Declaration are specified as follows: Custodian: Steven G. McHarris, Community Development Deputy Director Location: Community Development Department, 6905 El Camino Real, Suite 6, Atascadero, CA 93422 Steven G. McHarris, Community Development Deputy Director Date File: CUP 2005-0161.EI Camino.MND.kg Print Date: 12/01/119:48 AM 6905 EL CAMINO REAL, SUITE 6 • ATASCADERO, CA 93422 • (805) 461-5000 • FAX 461-7612 CITY OF ATASCADERO CERTIFIED MITIGATED NEGATIVE DECLARATION #2005-0031 6905 El Camino Real, Suite 6 Atascadero, CA 93422 805/461-5000 Applicant: DeCou Lumber Co., P.O. Box 698, Atascadero, CA 93423 Phone: 466-8103 Project Title: Conditional Use Permit 2005-0161 Project 8900 El Camino Real Atascadero, CA 93422 APN 056-051-033 Location: Project The proposed project consists of an application for a Conditional Use Permit for the construction of Description: two 4000 square foot storage buildings. The buildings are proposed to be constructed in two phases. The site is located on 0.93 acres within the Commercial Service Zone. General Plan Designation: Service Commercial (SC) Zoning District: Commercial Service (CS) Findings: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. 3. The project does not have impacts which are individually limited, but cumulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. Determination: Based on the above findings, and the information contained in the initial study 2005-0031 (made a part hereof by reference and on file in the Community Development Department), it has been determined that the above project will not have an adverse impact on the environment when the following proposed mitigation measures are incorporated into the project (see attachment). Prepared By: Date Posted: Public Review Ends: Attachments: File: CUP 2005-0161.EI Camino.MND.kg Kelly Gleason, Associate Planner September 21, 2005 October 10, 2005 - Location Map - Site Plan - Landscape Plan - Elevations - Sections - Floor Plans Print Date: 12/01/119:48 AM 6905 EL CAMINO REAL, SUITE 6 • ATASCADERO, CA 93422 • (805) 461-5000 • FAX 461-7612 CITY OF ATASCADERO INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM Environmental Review 2005-0031 Applicant: DeCou Lumber Co., P.O. Box 698, Atascadero, CA 93423 Phone: 466-8103 Project Title: Conditional Use Permit 2005-0161 Project 8900 El Camino Real Atascadero, CA 93422 APN 056-051-033 Location: City of Atascadero Project The proposed project consists of an application for a Conditional Use Permit for the construction of Description: two 4000 square foot storage buildings. The buildings are proposed to be constructed in two phases. General Plan The site is located on 0.93 acres within the Commercial Service Zone. Designation: General Plan Designation: Service Commercial (SC) Zoning: Zoning District: Commercial Service (CS) Lead Agency Name City of Atascadero and Address: 6905 El Camino Real, Suite 6, Atascadero, CA 93422 Contact Person and Steve McHarris, Planning Services Manager Phone Number: City of Atascadero 6905 El Camino Real, Suite 6, Atascadero, CA 93422 General Plan SC (Service Commercial) Designation: Zoning: CS (Commercial Service) Surrounding Land North: Service Commercial Uses and Setting: South: Service Commercial West: Service Commercial East: General Commercial Other public None agencies whose approval is required (e.g., permits, financing approval, or participation agreement) 12/01/11 CUP 2005-0161.EI Camino.MND.kg Attachment 1 Location Map 8900 EI Camino Real Atascadero, CA CITY OF ATASCADERO INITIAL STUDY Zonin : CS General Plan Designation: Service Commercial 12/01/11 CUP 2005-0161.EI Camino.MND.kg Attachment 2 Site Plan CITY OF ATASCADERO INITIAL STUDY 12/01/11 CUP 2005-0161.EI Camino.MND.kg SII:/3iii�urvuw'l =�4 CITY OF ATASCADERO INITIAL STUDY Attachment 3 Landscape Plan n00 30 c LL u03 03MVd3Ld o"@ VO'0N30VOSVIV'13tl ONIWVI l3 °n 6:111 3,80u y _..uuae l I IMOW3L ONIOlIn9 IVJ.N3d'dOIAVI J J t a aZ 2 m O O 3 3 m a3 Zo � i I zo s s's 0o s.�f�mas�;o�° z j > f � £ Cz f d° w VI dl .a. m C O Z 11J ° �0 °3 � J o d o e o Ali s gW��=No z w m i 9 g ° a a S o 5 = a�= w g Lu M s s ««d� o f o N a s m o s s _ 0 off'®�®moTo� go 0RFI' C', ff _ s s s s Lu B s ® a�`�'� s f B >® Z & $ 4 u g S fl s � q d ° 4 3 t7 9 12/01/11 CUP 2005-0161.EI Camino.MND.kg Attachment 4 Elevations CITY OF ATASCADERO INITIAL STUDY 12/01/11 CUP 2005-0161.EI Camino.MND.kg Attachment 5 Floor Plans 'am no long CITY OF ATASCADERO INITIAL STUDY 12/01/11 CUP 2005-0161.El Camino.MND.kg CITY OF ATASCADERO Attachment 5 Grading and Drainage Plan INITIAL STUDY 12/01/11 CUP 2005-0161.El Camino.MND.kg 70 oudjuv..Mlv Jo "/0 1 yr+u TN_1M33H10N3 WdO_ no:).o Avr "31800 T 31H3 WyW 3SYNIM R OfflaM 'RIS MUM ------------- -- -- EL WJINMI, , W. i V. fT 12/01/11 CUP 2005-0161.El Camino.MND.kg C CITY OF ATASCADERO INITIAL STUDY Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure CUP 2005-0161 GP: Grading Permit BP: Building Permit PS: Planning Services BS: Building Services T0: Temporary FD: Fire Department Occupancy PD: Police Department 8900 EI Camino Real FI: Final inspection F0: Final Occupancy WW: City WW: Wastewater Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 1.c.1: The following landscape mitigations shall BP BS, PS, CE 1.c.2 apply: ■ Solid Fencing and Screening shall be included around the perimeter of the site and at the entrances to the storage area. ■ Landscaping shall be provided along the EI Camino Real frontage and outside of the storage area. Mitigation Measure 1.d.1: If exterior parking lot lighting is proposed, it BP BS, PS, CE 1.d.1 shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 12 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the site. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to comply BP, GP BS, PS, CE 3.b.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 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. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). 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. 12/01/11 CUP 2005-0161.EI Camino.MND.kg CT CITY OF ATASCADERO INITIAL STUDY Exhibit A Mitigation Monitoring Program CUP 2005-0161 8900 EI Camino Real Timing OP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Finalnal Occupancy F0: Final Occupancy Responsibility (Monitoring Buildiings BS: n9 Service FD: Fire Department PD: Police Department WW: Wastewater WIN: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 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 plann4ed 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. 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 clearance for finish grading of any structure. Mitigation Measure 6.c.1: A soils report shall be required to be submitted BP, GP PS, BS, CE 6.c.1 with a future building permit by the building department. 12/01/11 CUP 2005-0161.EI Camino.MND.kg CT CITY OF ATASCADERO INITIAL STUDY Exhibit A Timing Responsibility Mitigation (Monitoring Measure Mitigation Monitoring Program CUP 2005-0161 OP: Grading Permit BP: Building Permit Buildiings BS: n9 Service TO: Temporary FD: Fire Department Occupancy PD: Police Department 8900 EI Camino Real FI: Finalnal Occupancy F0: Final Occupancy WIN: Wastewater WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 8.e.f.1: The developer is responsible for ensuring GP PS, BS, CE 8.e.f.1 that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.d.1: All construction activities shall comply with BP, GP PS, BS, CE 11.d.1 the City of Atascadero Noise Ordinance for hours of operation. 12/01/11 CUP 2005-0161.EI Camino.MND.kg CITY OFATASCADERO INITIAL STUDY ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Biological Resources ❑Hazards & Hazardous Materials 1-1 Mineral Resources F-1 Public Services F-1 Utilities / Service Systems On the basis of this initial evaluation: F-1 Agriculture Resources 1-1 Cultural Resources ❑Hydrology / Water Quality ❑ Noise ❑ Recreation F-1 Air Quality F-1 Geology /Soils 1:1 Land Use / Planning F-1 Population / Housing F-1 Transportation/Traffic 1-1 Mandatory Findings of Significance ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ® I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant effect" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Kelly Gleason 12/01/11 CUP 2005-0161.EI Camino.MND.kg Associate Planner EVALUATION OF ENVIRONMENTAL IMPACTS: CITY OFATASCADERO INITIAL STUDY 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a Lead Agency cites following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on- site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The Lead Agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, 'Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVII at the end of the checklist. 6) Lead Agencies are encouraged to incorporate into the checklist references information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached. Other sources used or individuals contacted should be cited in the discussion. 12/01/11 CUP 2005-0161.EI Camino.MND.kg September 2, 2003 Page 1 of 20 Initial Study 2005-0031 Potentially Less Than Less Than No Significant Significant with Significant Impact CUP 2005-0161 Impact Mitigation Impact Incorporation 8900 EI Camino Real Atascadero 1. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? SOURCES: Project Description; Site/Landscaping Plan, Robert Fisher; Floor Plans & Elevations, Robert Fisher; Planning Staff Site Visit. DISCUSSION: 1.a,b,c,d) The project site is not located within a scenic vista. Landscaping is provided along the EI Camino Real frontage and all parking areas are located at the rear of the site. The proposed buildings include the use of earth -tone accent features, roof colors, an architectural style complimentary to the surrounding commercial -office environment. No native trees exist on-site The following mitigation measures have been identified to assure that the above -stated measures are monitored during plan review and approval process to assure so that all potential impacts are mitigated to a level of insignificance: Mitigation Measure 1.c.1: The following landscape mitigations shall apply: ■ Solid Fencing and Screening shall be included around the perimeter of the site and at the entrances to the storage area. ■ Landscaping shall be provided along the EI Camino Real frontage and outside of the storage area. Mitigation Measure 1.c.2: The proposed buildings shall include the use of paint and roof colors consistent with the architectural style and design. Mitigation Measure 1A.11: If exterior parking lot lighting is proposed, it shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 14 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the site. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. 2. AGRICULTURAL RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring 12/01/11 CUP 2005-0161.EI Camino.MND.kg Initial Study 2005-0031 Potentially Less Than Less Than No air quality plan? Significant Significant with Significant Impact CUP 2005-0161 Impact Mitigation Impact to an existing or projected air quality violation? Incorporation 8900 EI Camino Real Atascadero Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? El F El Z SOURCES: Land Use Element EIR DISCUSSION 2.a.) The property is not shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency as prime farmland. 2.b.) The property is not under a Williamson Act contract. 2.c.) The project will not result in the conversion of farmland to non-agricultural uses. 3. AIR QUALITY -- The significance criteria established by the Air Quality Control District in its CEQA Guidelines may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number El F El Z of people? SOURCES: Air Pollution Control District (APCD) CEQA Air Quality Handbook, Project Description -Photos; Site/Landscaping Plan, Robert Fisher. DISCUSSION: 3.a.c.) This project will not affect or produce any significant air pollutants after completion of construction. Construction activities, including site grading may produce small quantities of air pollution, including dust and equipment exhaust. Any air quality impacts will be temporary and short term. 3.b.) Construction activities, including site grading may produce small quantities of air pollution, including dust and equipment exhaust. Any air quality impacts will be temporary and short term. 3.d.) The construction of the subdivision and the associated on-site and public improvements will not concentrate pollutants. 3.e.) The construction of the subdivision and the associated on-site and public improvements will not create objectionable odors. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all applicable District regulations pertaining 12/01/11 CUP 2005-0161.EI Camino.MND.kg Initial Study 2005-0031 Potentially Less Than Less Than No Significant Significant with Significant Impact CUP 2005-0161 Impact Mitigation Impact Incorporation 8900 EI Camino Real Atascadero 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 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. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). 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 plann4ed 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 clearance for finish qradinq of any structure. 4. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or 12/01/11 CUP 2005-0161.EI Camino.MND.kg Initial Study 2005-0031 Potentially Less Than Less Than No a) Cause a substantial adverse change in the significance of '15064.5? Significant Significant with Significant Impact CUP 2005-0161 Impact Mitigation Impact b) Cause a substantial adverse change in the significance of '15064.5? Incorporation 8900 EI Camino Real Atascadero regional plans, policies, or regulations, or by the California El Z Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or CUP 2005-0161.EI Camino.MND.kg regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? SOURCES: Project Description -Photos; Land Use Element EIR, Atascadero Tree Ordinance; Site/Landscaping Plan, Robert Fisher; Floor Plans & Elevations, Robert Fisher; Planning Staff Site Visit. DISCUSSION: 4.a.) No sensitive species have been found near the site. 4.b.) The project will not involve construction in a riparian habitat. 4.c.) There are no wetlands on the project site. 4.d.) The Land Use Element EIR concludes that development within the city limits will not have a significant impact on wildlife or wildlife corridors. 4e.f.) The proposed project will not conflict with local policies or ordinances protecting biological resources nor will it conflict with any conservation plans. No native trees are located on the subject site. 5. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the significance of '15064.5? a historical resource as defined in b) Cause a substantial adverse change in the significance of '15064.5? an archaeological resource pursuant to c) Directly or indirectly destroy a unique paleontological El Z resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? 12/01/11 CUP 2005-0161.EI Camino.MND.kg Initial Study 2005-0031 Potentially Significant Less Than Significant with Less Than Significant No Impact CUP 2005-0161 Impact Mitigation Incorporation Impact 8900 EI Camino Real Atascadero SOURCES: Project Description -Photos; Planning Staff Site Visit; Land Use Element EIR. DISCUSSION: 5.a.b.c.d.) No known historical, archeological or cultural sites have been found or documented in the vicinity of the project. 6. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ❑ iii) Seismic -related ground failure, including liquefaction? iv) Landslides? ❑ ❑ ❑ b) Result in substantial soil erosion or the loss of topsoil? ❑ Z ❑ ❑ c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B 11 z El 11 of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? SOURCES: Project Description -Photos; Planning Staff Site Visit; Land Use Element EIR, Project Description -Photos; Site/Landscaping Plan, Robert Fisher. DISCUSSION: 6.a.) The project is not located on any known earthquake faults. 6.b.) Construction activities on the site will be required to comply with sedimentation and erosion control measures prescribed by the city engineer. 6.c.d.e.) Soil conditions will be reviewed during building permit review in accordance with the municipal code. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. The property contains no unusual geological formations. Project will connect to City sewer. Mitigation Measure 6.b.1: The grading permit application plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted 12/01/11 CUP 2005-0161.EI Camino.MND.kg Initial Study 2005-0031 CUP 2005-0161 8900 EI Camino Real Atascadero Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.d.1: A soils report shall be required to be submitted with a future building permit by the building department. a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan area or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people living or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people living or working in the project area? g) Impair implementation of or physically interfere with an 11 El Z adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? SOURCES: Project description, General Plan Land Use Element; Planning Staff Site Visit. DISCUSSION 7a.b.c.) The project is not anticipated to generate or involve use of significant amounts of hazardous materials. There are no known hazardous materials on the site or nearby. 7.d.) The property is not a listed hazardous material site. 7e.f.) The property is not near an airport. 7g.h.) The site is within the Fire Department's five-minute or less response area. The Fire Marshall will determine if the residences will have fire sprinklers during review of the building permit. 8. HYDROLOGY AND WATER QUALITY -- Would the project: 12/01/11 CUP 2005-0161.EI Camino.MND.kg Initial Study 2005-0031 Potentially Less Than Less Than No Significant Significant with Significant Impact CUP 2005-0161 Impact Mitigation Impact Incorporation 8900 EI Camino Real Atascadero a) Violate any water quality standards or waste discharge I I I I I I M requirements? LJ LJ I—I ISI b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of previously -existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on - or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ❑ ® ❑ ❑ g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures that would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ SOURCES: Project description, Flood Insurance Rate Map 060700 0004 B (1/20/82); Site/Landscaping Plan, Robert Fisher; Floor Plans & Elevations, Robert Fisher; Planning Staff Site Visit. DISCUSSION: 8a.) The construction will not violate water quality standards. 8b.) The project will not deplete ground water supplies. Water will be provided by Atascadero Mutual Water Company. 8c.d.e.f.) The project will not alter any drainage course. Construction activities are subject to review for compliance with City drainage and grading regulations. Drainage will not be permitted to create or intensify any hazards for persons or property in the vicinity. 8.g.h.i.) Future residential uses will be outside of the 100 -year flood hazard area. 8.i.j.) The project area is not subject to innundation by a tsunami. Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best 12/01/11 CUP 2005-0161.EI Camino.MND.kg Initial Study 2005-0031 Potentially Less Than Less Than No a) Result in the loss of availability of a known mineral Significant Significant with Significant Impact CUP 2005-0161 Impact Mitigation Impact residents of the state? Incorporation 8900 EI Camino Real Atascadero Management Practices will result in the issuance of correction notices, citations, or stop orders. 9. LAND USE AND PLANNING - Would the project: plan, specific plan or other land use plan? a) Physically divide an established community? SOURCES: Project Description -Photos; Planning Staff Site Visit. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or ❑ ❑ ❑ natural community conservation plan? SOURCES: Land Use Element, Circulation Element, project description, Land Use Element EIR; Project Plans, Robert Fisher. DISCUSSION: 9.a.) The project will not physically divide an established community. The new office development in the proposed location is consistent and compatible with the adjacent commercial and residential areas. As proposed, the office park project is consistent with the General Plan and surrounding existing and future land uses. 9.b.) The proposed office park development is consistent with the City's General Plan Land Use and Housing elements. 9.c.) The project is consistent with the open space and conservation policies identified in the General Plan. 10. MINERAL RESOURCES --Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? SOURCES: Project Description -Photos; Planning Staff Site Visit. DISCUSSION: 10.a.b.) No mining is proposed as a part of this project. No known mineral resources have been identified in the area. 11. NOISE -- Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ground -borne vibration or ground -borne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? 12/01/11 CUP 2005-0161.EI Camino.MND.kg Initial Study 2005-0031 Potentially Less Than Less Than No Significant Significant with Significant Impact CUP 2005-0161 Impact Mitigation Impact Incorporation 8900 EI Camino Real Atascadero d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people living or working in the project area to excessive noise levels? SOURCES: Project description, Noise Element, Noise Ordinance, Acoustical Design Manual. DISCUSSION: 11 a.b.c.d.) Construction is expected to involve some heavy machinery and use of impact tools that make noise. Noise levels on the site are thus expected to be raised temporarily. The future residential use is not expected to generate unacceptable levels of noise to future adjacent commercial, public, or residential uses. 11.e.f.) The project is not located within an airport land use plan or private airstrip. Mitigation Measure 11.d.1: All construction activities shall comply with the City of Atascadero Noise Ordinance for hours of operation. 12. POPULATION AND HOUSING -- Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? SOURCES: Project description, General Plan Land Use Element. DISCUSSION: 12.a,b,c. The General Plan identifies this site as commercial professional. The development is an infill commercial project located along Morro Rd where necessary facilities currently exist. The site is currently vacant and no housing or persons will be displaced. 13. PUBLIC SER VICES 12/01/11 CUP 2005-0161.EI Camino.MND.kg Initial Study 2005-0031 Potentially Less Than Less Than No Significant Significant with Significant Impact CUP 2005-0161 Impact Mitigation Impact Incorporation 8900 EI Camino Real Atascadero a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? ❑ ❑ ❑ Police protection? ❑ ❑ ❑ Z Schools? ❑ ❑ ❑ Parks? ❑ ❑ ❑ Z Other public facilities? ❑ ❑ ❑ SOURCES: Project description, Land Use Element EIR. DISCUSSION: Development Impact Fees: Development Impact Fees will be required of any new project for which a building permit is issued. The concept of the impact fee program is to fund and sustain improvements which are needed as a result of new development as stated in the General Plan and other policy documents within the fee program. Development Impact Fees fall into the following categories: Drainage Fees; Streets, Road, Bridge Fees; Sewer Fees; Public Safety Fees; and Park Fees, Miscellaneous Fees. The amount of impact fees to be paid will be determined at the time of issuance of building permit. Fire and Police: Impact fees are charged for new development, to help pay the cost of providing new facilities to serve the expanding city. The Fire Department of the City of Atascadero has indicated that it will be able to adequately service the proposed project. The applicant shall comply with all requirements of the Fire Department. The City of Atascadero Police Department has also indicated that the proposed project poses no problems to the police to adequately service it. Other public facilities: The construction of the project is not expected to have significant impacts on any other public facilities. 14. RECREATION -- a) Would the project increase the use of existing neighborhood and regional parks or other recreational 1:1 El facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities that El El Z might have an adverse physical effect on the environment? SOURCES: Project description, Parks and Recreation Element DISCUSSION: 12/01/11 CUP 2005-0161.EI Camino.MND.kg Initial Study 2005-0031 Potentially Less Than Less Than No Significant Significant with Significant Impact CUP 2005-0161 Impact Mitigation Impact Incorporation 8900 EI Camino Real Atascadero 14.a.) The proposed development will not increase demand on existing recreational facilities. 14.b.) The project does not involve construction of recreational facilities. 15. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? SOURCES: Land Use Element, Circulation Element; Project Plans, Robert Fisher. DISCUSSION: 15a.b.) The Circulation Element (CE) anticipates an increase in new development in this area. The CE incorporates mitigation for effects from increased traffic. The proposed office use is expected to take access from Morro Road where similar development currently exists. The net increase in project -related traffic is considered less than significant. 15.c.) No changes will occur to the air traffic patterns. 15.d.) The project's access has adequate site distance onto Morro Road. 15.e.) The project will have adequate emergency access from Morro Road. 15.f.) Adequate parking will be provided on-site based on the AMC requirements for general office use. 15.g.) The project does not conflict with adopted policies, plans, or programs supporting alternative transportation. 16. UTILITIES AND SERVICE SYSTEMS --Would the project: a) Exceed wastewater treatment requirements of the ❑ applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or ❑ ❑ 1:1wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant 12/01/11 CUP 2005-0161.EI Camino.MND.kg ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ SOURCES: Land Use Element, Circulation Element; Project Plans, Robert Fisher. DISCUSSION: 15a.b.) The Circulation Element (CE) anticipates an increase in new development in this area. The CE incorporates mitigation for effects from increased traffic. The proposed office use is expected to take access from Morro Road where similar development currently exists. The net increase in project -related traffic is considered less than significant. 15.c.) No changes will occur to the air traffic patterns. 15.d.) The project's access has adequate site distance onto Morro Road. 15.e.) The project will have adequate emergency access from Morro Road. 15.f.) Adequate parking will be provided on-site based on the AMC requirements for general office use. 15.g.) The project does not conflict with adopted policies, plans, or programs supporting alternative transportation. 16. UTILITIES AND SERVICE SYSTEMS --Would the project: a) Exceed wastewater treatment requirements of the ❑ applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or ❑ ❑ 1:1wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant 12/01/11 CUP 2005-0161.EI Camino.MND.kg Initial Study 2005-0031 Potentially Less Than Less Than No Significant Significant with Significant Impact CUP 2005-0161 Impact Mitigation Impact Incorporation 8900 EI Camino Real Atascadero environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? SOURCES: Project description, Land Use Element (LUE) EIR; Project Plans, Robert Fisher. DISCUSSION: Water: The Atascadero Mutual Water Company (AMWC) will provide water. All property within the city limits is entitled to water from the AMWC. The project is not expected to require significant quantities of water for the proposed uses. Water is pumped from two portions of the largest underground basin in the county, the Paso Robles Formation, using a series of shallow and deep wells. The water company anticipates that it will be able to meet the city's needs through buildout and beyond: Water demand at buildout under the LUE is estimated at about 8,500 acre-feet per year (AFY). The total available groundwater supply greatly exceeds demand, according to the findings of the Long -Term Viability of Water study. However, the water company does not currently have the deep wells needed to tap into the total amount needed at buildout. The water company is currently developing plans for installing wells where they will be most effective and will not conflict with water rights of others. According to the Water Company, development of additional wells is expected to keep pace with construction in the city, so that water supply will not be interrupted. Sewer. Sewer discharge will be handled by an on City sewer connection. Storm Water. On-site storm water drainage has been designed to flow into the existing Morro Road drainage facilities. The existing facilities have been designed to handle run-off from this site at buildout. 17. MA NDA TORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 12/01/11 CUP 2005-0161.EI Camino.MND.kg Initial Study 2005-0031 Potentially Less Than Less Than No Significant Significant with Significant Impact CUP 2005-0161 Impact Mitigation Impact Incorporation 8900 EI Camino Real Atascadero b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? DISCUSSION: The proposed project consists of an application for a Office Park located along Morro Rd. The project provides landscaping buffering along the east property line to buffer the adjacent residences from the proposed parking area. Five buildings are proposed providing a total of 30,851 square feet of office space. No native trees exist on-site. SOURCES: General Plan Land Use Element, City of Atascadero, 2002 Zoning Ordinance, part of Municipal Code, City of Atascadero, as amended through 1999. Land Use Element Environmental Impact Report, Crawford, Multari, & Clark, adopted 2002 CEQA Handbook, Air Quality Control District, August 1995 General Plan Safety Element, City of Atascadero, 2002 General Plan Circulation Element, 2002 General Plan Noise Element, adopted 2002 Acoustical Design Manual, Brown-Buntin Associates, 1991 Noise Ordinance, City of Atascadero, 1992 Guide for Developers, Atascadero Fire Department, 1998 draft Flood Insurance Rate Map, community -panel number 060700 0004 B, Federal Emergency Management Agency, January 20, 1982 Trip Generation, Institute of Traffic Engineers PROJECT -SPECIFIC SOURCES: Project description includes the following: ■ Site Plan/Landscape Plan, Robert Fisher ■ Grading and Drainage Plan, Eric J. Gobler ■ Elevations, Floor Plans, and Sections, Robert Fisher 12/01/11 CUP 2005-0161.EI Camino.MND.kg