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HomeMy WebLinkAboutPC_2010-05-04_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, May 4, 2010 — 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Moreno Vice Chairperson Bentz Commissioner Colamarino Commissioner Jack Commissioner Schmidt Commissioner Sturtevant Commissioner Ward 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 and address 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.) City of Atascadero Planning Commission Agenda Regular Meeting, May 4, 2010 Page 2of4 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON APRIL 6, 2010. 2. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON APRIL 20, 2010. COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 3. PLN 2010-1356, TENTATIVE PARCEL MAP FOR 6955 BALBOA ROAD Property Berry Family Trust, James Berry, 6955 Balboa Rd., Atascadero, CA 93422 Owner/Applicant: Project Title: PLN 2010-1356 / TPM 2010-0096 Project 6955 Balboa Road, Atascadero, CA 93422 (San Luis Obispo County) Location: APN 050-071-012 Project The proposed project consists of a Tentative Parcel Map to divide one parcel in the Description: Residential Suburban (RS) Zone into two parcels. The RS Zone has 2.5 acre (gross) minimum lot size. The existing lot is 5.33 acres (gross area) with an average slope of 7%. Parcel 1, which contains an existing single-family residence, is proposed at 2.83 acres (gross). Parcel 2 is proposed at 2.50 acres (gross) and would be a vacant lot for future development as a single-family parcel. General Plan Designation: Rural Estate (RE) Zoning District: Residential Suburban (RS) Proposed Class 15 Categorical Exemption: Minor Land Division of fewer than four parcels Environmental Determination: 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 and address 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).) City of Atascadero Planning Commission Agenda Regular Meeting, May 4, 2010 Page 3 of 4 COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for May 18, 2010, at City Hall, Council Chambers, 6907 El Camino Real, Atascadero. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to this public hearing. City of Atascadero Planning Commission Agenda Regular Meeting, May 4, 2010 Page 4 of 4 City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m. at City Hall, Council Chambers, 6907 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 video-taped and 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. ITEM NUMBER: 1 DATE: 5-4-10 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting - Tuesday, April 6, 2010 — 7:00 P.M. City Hall Council Chambers 6907 EI Camino Real, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Moreno called the meeting to order at 7:00 p.m. and Commissioner Bentz led the Pledge of Allegiance. ROLL CALL Present: Chairperson Moreno, Vice Chairperson Bentz, Commissioners Colamarino, Jack, Schmidt, and Sturtevant Absent: Commissioner Ward (excused absence) Others Present: Recording Secretary Annette Manier Staff Present: Associate Planner Callie Taylor APPROVAL OF AGENDA MOTION: By Commissioner Jack and seconded by Commissioner Sturtevant to approve the agenda. Motion passed 6:0 by a roll -call vote. PUBLIC COMMENT None Chairperson Moreno closed the Public Comment period. PC Draft Minutes of 4/6/10 Page 1 of 6 PLANNING COMMISSION BUSINESS Chairperson Moreno asked Callie Taylor about the video-taping of the meetings and asked staff for further direction and clarification from the City Manager and City Council. Associate Planner Callie Taylor said she would check with Community Development Director Warren Frace on the status. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON FEBRUARY 16, 2010. 2. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON MARCH 2, 2010. 3. APPROVAL OF MINUTES OF JOINT CITY COUNCIL AND PLANNING COMMISSION MEETING ON LA PLAZA ON MARCH 11, 2010. MOTION: By Vice Chairperson Bentz and seconded by Commissioner Colamarino to approve the Consent Calendar. Motion passed 6:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 4. PLN 2010-1357, TREE REMOVAL PERMIT FOR 5715 SANTA CRUZ ROAD Property Owner/ Hilltop Mobile Manor, 4425 N. 78 Street #267B, Scottsdale, AZ 85251 Applicant: Hilltop Mobile Manor, 5715 Santa Cruz Road, Atascadero, CA 93422 Certified arborist: Steven Alvarez, A&T Arborists, PO Box 1311, Templeton, CA 93465 Project Title: PLN 2010-1357 / Tree Removal Permit 2010-0139 Project 5715 Santa Cruz Road, Atascadero, CA 93422 Location: APN 049-042-006 (San Luis Obispo County) Project Two trees on the property have been proposed for removal. The applicant's Description: arborist has determined that both trees are hazardous and in need of removal. City staff approved immediate removal of the 40 -inch Live Oak on March 15, 2010 due to its highly hazardous condition, as certified by the arborist. The 45 -inch Live Oak on the property is also being requested for removal. The Arborist Report states that this is a hazardous tree, but its need for removal is less immediate. Planning Commission approval for removal of the 45 -inch Live Oak is being requested. PC Draft Minutes of 4/6/10 Page 2 of 6 Associate Planner Callie Taylor gave the staff report and answered questions from the Commission. DISCLOSURE OF EX PARTE COMMUNICATIONS: None PUBLIC COMMENT: Chip Tamagni, A&T Arborists, explained that he had done a previous tree removal in the past for the park, and the new trees planted are being monitored and are doing very well. He explained how the new plantings will be well maintained and well monitored. Mr. Tamagni answered questions from the Commission. Chairperson Moreno closed the public comment period. MOTION: By Commissioner Jack and seconded by Vice Chairperson Bentz to adopt PC Resolution 2010- 0009 approving PLN 2010-1357, a Tree Removal Permit to allow the removal of one (1) hazardous 45 -inch native tree located at 5715 Santa Cruz Road subject to findings and conditions of approval. Motion passed 6:0 by a roll -call vote. PC Draft Minutes of 4/6/10 Page 3 of 6 PUBLIC HEARINGS 5. PLN 2009-1351, CONDITIONAL USE PERMIT FOR ACCESSORY STRUCTURE AT 5095 MIRAMON AVE. Property Owner/ Quentin and Nicole Thompson, 5095 Miramon Ave., Atascadero, CA 93422 Applicant: Project Title: PLN 2009-1351 / CUP 2009-0248 Project location: 5095 Miramon Ave., Atascadero, CA 93422 APN 028-093-035 (San Luis Obispo County) Project The proposed application consists of a request for a Conditional Use Description: Permit to construct an oversized detached accessory structure at the subject property. The proposed detached garage and workshop is 990 square feet. The Atascadero Municipal Code allows accessory structures larger than 50% of the primary residence through approval of a Conditional Use Permit. General Plan Designation: SFR -Y Zoning District: RSF-Y Proposed Exempt per Section 15303: New construction or conversion of small Environmental structures including accessory structures. Determination: Associate Planner Callie Taylor gave the staff report and answered questions from the Commission. DISCLOSURE OF EX PARTE COMMUNICATIONS: • Chairperson Moreno — None • Vice Chairperson Bentz — None • Commissioner Colamarino — None • Commissioner Jack — Visited the site but spoke with no one. • Commissioner Schmidt — None • Commissioner Sturtevant - None PUBLIC COMMENT Quentin Thompson, applicant, said the driveway to the garage is already existing. He also explained he had discussed the water retention system requirement with Public Works. He is only adding 500-600 sq. ft. of impervious surface (existing shed to be removed), so a detention basin will not be required. Taller doors are needed on the PC Draft Minutes of 4/6/10 Page 4 of 6 proposed garage to fit the travel trailer currently parked outside. The house is 16-17' tall so the accessory structure isn't that much taller. The neighbor who owns the empty open lot is considering building a similar structure. Mr. Thompson answered questions from the Commission. Aaron Jones, neighbor on Sycamore, spoke in opposition to the project. He said he shares a fence with the applicant. They have owned their home for 11 years, and thinks this will be a life -altering structure because of its large size. He feels the structure will overcrowd the backyard. It will make them lose the open feeling they have now, and will diminish their sunlight. He is also concerned about noise. Chairperson Moreno closed the Public Comment period. Commissioners had discussion regarding height restrictions, setbacks, slurry seal, and consistency with the neighborhood. Staff confirmed that the structure does meet all required setbacks. Staff also explained that although the structure is taller than a standard detached garage, the structure could be considered to be consistent with the general character of the neighborhood; however, neighborhood compatibly is subject to Planning Commission interpretation. The condition regarding slurry seal or overlay of the road frontage is a Public Works standard in the Municipal Code and can not be waived. Frontage improvements are only required if the proposed project exceeds the 25% valuation threshold based on the appraised value of the property. Chairperson Moreno re -opened the Public Comment period. Quentin Thompson, applicant, explained that the only way to make the building shorter would be to flatten the roof which would affect the trusses. He said that he had already discussed the frontage improvement requirements with Public Works. The proposed garage will not exceed the valuation threshold, and therefore, he will not have to do the frontage improvements. If he did have to overlay the road, it would not be cost effective for the project. The garage will be used to park the trailer and keep other belongings inside. There may be days when he will be working in the garage. He has no plans to pursue activities that are unusually noisy in the garage. The building has 6" thick walls and is insulated, so it will be quiet. They will not be running a business. Aaron Jones, neighbor, suggested that Mr. Thompson order shorter trusses to make the building shorter. He does not appreciate that the building is 20' tall. Chairperson Moreno closed the Public Comment period. PC Draft Minutes of 4/6/10 Page 5 of 6 MOTION: By Vice Chairperson Bentz and seconded by Commissioner Colamarino to adopt PC Resolution 2010- 0008 approving PLN 2009-1351, a 990 -sq. ft. accessory structure which exceeds 50% of the size of the main residence located at 5095 Miramon Ave. subject to findings and conditions of approval. Motion passed 6:0 by a roll -call vote. COMMISSIONER COMMENTS AND REPORTS Commissioner Schmidt stated he is concerned with signage around town, including the former Denny's site. He would like to know if it is compliant with the Sign Ordinance to have a real estate sign on the Highway. The same company also has one on the road by Santa Lucia Bank. On the west side of the highway, there is a commercial sign on residential property. Are commercial signs allowed to be placed in residential zones? Associate Planner Callie Taylor answered Commissioner Schmidt's questions and said she will follow-up. Commissioner Jack asked about election signs, in particular a Matt Kokkonen sign that has already been put up west of Atascadero Avenue on Highway 41. We are not at the 60 -day point yet. He would appreciate it if the City Clerk would take some sort of action. Associate Planner Callie Taylor said she would follow-up. DIRECTOR'S REPORT - NONE ADJOURNMENT - 7:58 p.m. The next regular meeting of the Planning Commission is scheduled for April 20, 2010, at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. MINUTES PREPARD BY: Annette Manier, Recording Secretary \\Cityhall\cdvlpmnt\- PC Minutes\PC Minutes 10\PC Draft Minutes 4 6 10.doc PC Draft Minutes of 4/6/10 Page 6 of 6 ITEM NUMBER: 2 DATE: 5-4-10 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting - Tuesday, April 20, 2010 — 7:00 P.M. City Hall Council Chambers 6907 EI Camino Real, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Moreno called the meeting to order at 7:00 p.m. and Commissioner Jack led the Pledge of Allegiance. ROLL CALL Present: Chairperson Moreno, Vice Chairperson Bentz, Commissioners Colamarino, Jack, Schmidt, Sturtevant, and Ward Absent: None Others Present: Recording Secretary Annette Manier Staff Present: Community Development Director Warren Frace, City Engineer/Public Works Director Russ Thompson, Associate Planner Callie Taylor, Deputy Public Works Director David Athey, and Assistant Planner Alfredo Castillo APPROVAL OF AGENDA MOTION: By Vice Chairperson Bentz and seconded by Commissioner Sturtevant to approve the agenda. Motion passed 7:0 by a roll -call vote. PC Draft Minutes of 4/20/10 Page 1 of 9 PUBLIC COMMENT None Chairperson Moreno closed the Public Comment period. PLANNING COMMISSION BUSINESS 1. Chairperson Moreno a. Motion to Reconsider Commission action —April 6, 2010 2: Approval of Minutes of March 2, 2010 Chairperson Moreno explained her reason for requesting the motion. MOTION: By Commissioner Jack and seconded Bentz to reconsider Commission actio Approval of Minutes of March 2, 2010. Motion passed 7:0 by a roll -call vote. CONSENT CALENDAR None COMMUNITY DEVELOPMENT STAFF REPORTS by Vice Chairperson n — April 6, 2010 #2: Community Development Director Warren Frace introduced Alfredo Castillo, the new Assistant Planner in the Community Development Department. 2. PLN 2010-1357, TREE REMOVAL PERMIT FOR 5000 LLANO RD Property Owner/ Glenn Millhollin, 8758 E. Barstow, Clovis, CA 93611 Applicant: Janet & Bill Stockton, 8761 E. Barstow, Clovis, CA 93611 Certified Arborist: Robert Schreiber, 170 Terra St., Morro Bay, CA 93442 Project Title: PLN 2007-1222 / TRP 2008-0122 Project Location: 5000 Llano Road, Atascadero, CA 93422 APN 055-451-031 (San Luis Obispo County) Project Description: A request to remove fifteen (15) native Blue Oak trees and one (1) native Live Oak tree in order to construct a single-family residence and access driveway on a vacant lot. The trees proposed for removal range in size from 4 -inches to 29 -inches with a total DBH of 197 -inches requested for removal. Two of the trees are over 24 -inches PC Draft Minutes of 4/20/10 Page 2 of 9 DBH, and therefore Planning Commission approval of the tree removals is required. Trees shall be mitigated according to the Atascadero Native Tree Ordinance. General Plan Designation: Rural Estate (RE) Zoning District: Residential Suburban (RS) Associate Planner Callie Taylor gave the staff report and answered questions from the Commission. Chairperson Moreno explained that an Exhibit was just turned in tonight from John Ellis and stated there is a copy available at the back table. (Exhibit A) Associate Planner Callie Taylor addressed the items in Exhibit A. DISCLOSURE OF EX PARTE COMMUNICATIONS: None PUBLIC COMMENT: Janet and William Stockton, applicants, answered the questions regarding accessing the parcel from the north. They explained that they spent a lot of time trying to pick the most environmentally friendly way to design the project. The blue oak needs to come out to satisfy the Fire Department road clearance requirements. There were no questions from the Commission. John Ellis, banker, said he discovered that this project was coming before the Planning Commission last Thursday when he saw the lot posting. He spoke with some neighbors and did some quick research. He is representing other neighbors and put together the Rebuttal (Exhibit A). There are three critical path items; 1 -Tree Removal, 2- CEQA, and 3 -Financing. Financing is critical as most lenders are not doing construction loans. His purpose is to help the Commission make sure the right decision is made. He does not feel an urgency to take the trees out right now. He wants thoughtful thinking to go into the decision to create a happy friendly environment. William Stockton said his project has financing. Robert Schreiber, Certified Arborist, has been working on the project for awhile. He explained that the applicants have changed the access route three times trying to avoid trees. The applicants are doing the best they can with what they have. Mr. Schreiber answered questions from the Commission. Associate Planner Callie Taylor also answered questions from the Commission. Chairperson Moreno closed the public comment period. PC Draft Minutes of 4/20/10 Page 3 of 9 Chairperson Moreno reiterated that the tree removals will not happen until the permits are pulled. In order for the permits to be pulled, the CEQA document must be approved. MOTION: By Vice Chairperson Bentz and seconded by Commissioner Colamarino to adopt PC Resolution 2010-0010 approving PLN 2007-1222, a Tree Removal Permit to allow the removal of sixteen (16) native trees totaling 197 inches dbh at 5000 Llano Road, subject to findings and conditions of approval. Motion passed 7.0 by a roll -call vote. PUBLIC HEARINGS 3. PLN 2009-1341, CONDITIONAL USE PERMIT FOR 6320-6490 EL CAMINO REAL, LA PLAZA CINEMA/RETAIL PROJECT Property Owner: Ben Hoff, LLC, PO Box 2153, Paso Robles, CA 93447 Applicant: Larry M. Wysong, 7025 Morro Road, Atascadero, CA 93422 Project Title: PLN 2009-1341 / CUP 2009-0244, RAB 2010-0019 La Plaza Cinema / Retail Project Project Location: 6320 — 6490 EI Camino Real, Atascadero, CA 93422 (San Luis Obispo County) APN 030-191-030, 031, 016, 017, and 030-193-003 Project Description: The project consists of a Conditional Use Permit for a 10 screen /1400 seat movie theatre (33,000± sf), retail space (2350± sf), and sit down restaurant (4330± sf) on a 1.5± acre site with no on-site parking, a height waiver exception request, a Tree Removal Permit for one 6 -inch White Oak and a Road Abandonment of a portion of Atascadero Mall and an easement along the EI Camino Real frontage. General Plan Designation: D (Downtown) Zoning District: DC (Downtown Commercial) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The proposed Mitigated Negative Declaration is available for public review Determination: through 4/20/10 at 6907 EI Camino Real, City Hall, from 8:30 a.m. to 5:00 p.m., Monday through Friday, or at www.atascadero.org. Community Development Director Warren Frace and City Engineer/Public Works Director Russ Thompson gave the staff report. Director Frace explained that a Study Session took place on the project on March 11, 2010. Director Frace explained the Commission would be discussing height restriction waiver request, parking, economics, deferred plan submittals, staff recommended conditions, tree removal, and road abandonment. Staff is recommending that the architecture and landscape elements PC Draft Minutes of 4/20/10 Page 4 of 9 come back for final Planning Commission review. The environmental document and proposed Mitigated Negative Declaration has been posted and the review period ends tonight. This project will go before the City Council for final approval on May 11, 2010. Staff is recommending a revision to Condition 6 to read "A Lot Line Adjustment shall be recorded prior to the issuance of any permits for the theatre building." Director Frace answered questions from the Commission. Public Works Director/City Engineer Russ Thompson said staff is recommending the approval of the Road Abandonment. Mr. Thompson answered questions from the Commission. Deputy Public Works Director David Athey explained LID (Low Impact Developments). DISCLOSURE OF EX PARTE COMMUNICATIONS: • Commissioner Ward - None • Commissioner Colamarino — none • Vice Chairperson Bentz — none • Chairperson Moreno — In March she received a letter from Baffin Commercial Development Group, expressing disapproval for the project on behalf of Galaxy Theatres. About six months ago, she met with Mike Sherer and John Roush who explained the project to her. • Commissioner Jack — No recent discussion, however, during the initial phase of the project, he was invited to a meeting to see what the project looked like and to see the vision. • Commissioner Schmidt — When the project first came about, he spoke to Mike Sherer about the project. • Commissioner Sturtevant — He as well as the other Commissioners received an email from Wanda Bolt who was not in favor of the project (Exhibit B). He also received the letter from Mr. George Wm. Schroff, IV which was in their package (Exhibit C) Commissioner Colamarino understood from the Joint Session that there is an expectation that this project is one piece of a larger development. We heard that this theatre component will not go forward without the rest of the development, and that the rest of the development will not go forward without the theatre. He asked that this be put on the record. He also asked that the applicant explain for the record why we don't have all of the exhibits provided tonight which is typical process before you come before the Commission. Chairperson Moreno adjourned the meeting at 8:44 p.m. for a break. Chairperson called the meeting back to order at 8:50 p.m. PC Draft Minutes of 4/20/10 Page 5 of 9 PUBLIC COMMENT Ms. Erin Uesugi, Architect, said she was at tonight's meeting with Dan Uesugi, from Uesugi & Associates in San Francisco. Ms. Uesugi gave a PowerPoint presentation on the La Plaza project and explained the reason behind the architecture for the La Plaza Cinemas. Ms. Uesugi also explained the historical significance behind the name La Plaza. Ms. Uesugi believes this project will be a strong catalyst for the downtown and will enhance the neighborhood. Ms. Uesugi answered questions from the Commission. Mr. John Roush, applicant, explained that he went through the deferral process because there is another theatre being built in town, the City has backed that project financially, and he is applying for a height restriction, road easements, and he needs to know all the answers before he can move forward. He needs to know if the project will be approved before he spends a great deal of money in architect fees. He is interested in this project because this is good for Atascadero. He is a resident and he thinks the City deserves this entire project. He won't build a theatre without the rest of the project. Mr. Roush also explained the potential possibilities for his project. Mr. Roush answered questions from the Commission. George Schroff spoke in opposition to the project. He thanked the Commission members who visited Galaxy theatres in Tulare. He has taken the time to review the Mitigated Negative Declaration and he has concerns. He cited Section 13, Population and Housing (P. 85 of the staff report) and parking. He turned in his comments for the record (Exhibit D). Charlie Carlin stated he was at the Study Session and noted that only two people spoke against the project. He said we have other competing businesses. We're bringing in people from Templeton, Creston, and other areas. Mr. Roush has great experience in building these top notch facilities and he asked the Commission to encourage this project. He believes we can support all of this. The architects behind this have been building theatres for 30 years and they have the knowledge. Joanne Main, Atascadero Chamber of Commerce, commends the developers for redeveloping this blighted area. Her hope is to see this whole block developed. She is concerned about the lack of parking. She thinks there will be an economic impact on neighboring businesses. Parking is something we need to be planned for. Monte Clouse, resident, said he is interested in how La Plaza would be integrated into the downtown core. He referred to page 77 of the staff report, (the Initial Study). He sees this differently and explained why. Palm trees connote southern California. We have everything to gain by being Central California. He asks if La Plaza goes forward, that the palm trees not be part of it. PC Draft Minutes of 4/20/10 Page 6 of 9 Ben Hoff, property owner from Nashville, Indiana, has been reviewing these proceedings from afar. He spent 13 years being a City Attorney for Nashville, Indiana. He told the Commission that they have a duty tonight to give Mr. Roush a shot at this project since he (Mr. Roush) has done what he needs to do to bring a project before the City. Mr. Roush wants to enter into a contract with the City in good faith. He thinks Mr. Roush should be given this opportunity and be taken at his word. Robert Miller has a dental office on West Mall and has been there for 26 years. Some things have to be considered before the project moves forward. When the restaurant on the corner came, the immediate impact on his office was parking. His elderly patients have to walk quite a ways to get to the office during peak parking times. He is concerned there will be a real parking problem. Tom Comar went to the Study Session with concerns about having 20 screens in Atascadero. After the meeting, he changed his opinion about it. He spoke with others about having 20 screens and they said it would be good. He asked if an IMAX theatre might be a possibility. Karyn Sturtevant had the opportunity to go on the tour to Galaxy Theatres in Tulare. She said we are fortunate to have two movie theatres coming to Atascadero. She is equally excited to having La Plaza. We are going to go from having no theatres to having a choice. People from all over will come to Atascadero. We can choose whether we can go see a movie, an opera, or a sporting event. She is in support of the project. Mr. Roush answered questions raised during the public comment and stated there will be 133 parking spaces onsite. He does not plan to build an IMAX theatre because it is 6 stories tall. He does not believe IMAX will happen here. Chairperson Moreno closed the Public Comment period. Community Development Director Warren Frace answered questions raised during the public comment portion. There was discussion amongst the Commission regarding parking. Director Frace explained that staff's recommendation is the project should provide 25% of the required parking in off-street locations within 500 ft. of the site. It is the Commission's discretion to condition additional parking. Commissioner Ward stated that he is still concerned the potential impact on the Colony Square project. He hasn't heard anything tonight that gives him any comfort on that aspect. It was clearly previously stated that perhaps both theatres may operate at 50% capacity. PC Draft Minutes of 4/20/10 Page 7 of 9 MOTION: By Vice Chairperson Bentz and seconded by Commissioner Jack to adopt PC Resolution 2010-0011 approving PLN 2009-1341, a Conditional Use Permit to allow a 39,680 sf building containing a 10 screen movie theatre, retail space and sit down restaurant with a height waiver exception request and a tree removal permit subject to findings and conditions of approval; and to adopt PC Resolution 2010-0012 recommending the City Council approve Road Abandonment 2010-0019 to summarily vacate portions of EI Camino Real and Atascadero Mall pursuant to Section 8331 of the California Streets and Highways Code, based on findings and conditions, including Condition 6, A Lot Line Adjustment shall be recorded prior to the issuance of any permits for the theatre building. Motion passed 6:1 by a roll -call vote. (Ward opposed) COMMISSIONER COMMENTS AND REPORTS Commissioner Ward said the Purple Heart trail signs will go up on Highway 101. A ribbon cutting ceremony will take place on Friday, and Assemblyman Sam Blakeslee will be present. He is hoping the press will interview some of the veterans. Rabobank is hosting the event, and will provide coffee in their board room and he invites the public to attend. Several brochures will be printed soon and distributed. This will have a positive impact on tourism in the City. DIRECTOR'S REPORT • The next meeting is scheduled for May 4, 2010, and there is a Tentative Parcel map on the agenda. • Walmart and Annex applications have been submitted. Walmart will host an Open House Meeting on May 5, 2010 from 10 a.m. to 7 p.m. at City Hall. Comment cards and a drop off box will be available for the public. There will be a Joint Scoping Session with the City Council and Planning Commission on May 25, 2010. • Tractor Supply is not moving forward quickly. Staff has been meeting with the developer to see if we can lend assistance, as they are having financing issues. ADJOURNMENT - 10:38 p.m. The next regular meeting of the Planning Commission is scheduled for May 4, 2010, at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. PC Draft Minutes of 4/20/10 Page 8 of 9 MINUTES PREPARD BY: Annette Manier, Recording Secretary The following exhibits are available in the Community Development Department: Exhibit A — Rebuttal of Draft Resolution No. PC 2010-0010 from John Ellis Exhibit B - Letter from Wanda Bolt in opposition to La Plaza Exhibit C — Letter from George Schroff in opposition to La Plaza, dated 4-11-10 Exhibit D — Letter from George Schroff in opposition to La Plaza, dated 4-19-10 \\Cityhall\cdvlpmnt\- PC Minutes\PC Minutes 10\PC Draft Minutes 4 20 10.doc PC Draft Minutes of 4/20/10 Page 9 of 9 ITEM NUMBER: 3 DATE: 5-4-10 A tascadero Planning Commission Staff Report - Community Development Department Two Lot Subdivision PLN 2010-1356/TPM 2010-0096 6955 Balboa Road (Berry) SUBJECT: The proposed project consists of a Tentative Parcel Map to subdivide one existing 5.33 acre (gross) parcel in the Residential Suburban (RS) zone into two parcels. Parcel 1 is proposed at 2.83 acres (gross) and contains an existing single-family residence. Parcel 2 is proposed at 2.50 acres (gross) and would be a vacant lot for future residential development. RECOMMENDATION: Staff recommends the Planning Commission approve Resolution PC 2010-0013 approving Tentative Parcel Map 2010-0096 (AT 10-0010), a request to subdivide one lot at 6955 Balboa Road, currently 5.33 acres gross, into two lots at 2.83 and 2.50 acres (gross) each, based on findings and subject to conditions. SITUATION AND FACTS: 1. Property Owner/ Applicant: Berry Family Trust, c/o David Berry, 4720 Whispering Oaks Way Paso Robles, CA 93446 2. Project Location: 6955 Balboa Road, Atascadero, CA 93422 APN 050-071-012 3. General Plan Designation: Rural Estate (RE) 4. Zoning District: Residential Suburban (RS) 5. Site Area: 5.33 acres gross (4.84 acres net) 6. Existing Use: One single-family residence 7. Environmental Status: Class 15 Categorical Exemption: Minor Land Division of fewer than four parcels DISCUSSION: Backaround and Site Description: The subject property is located at the corner of Balboa Road and Graves Creek Road. The existing lot at 6955 Balboa Road is 5.33 acres gross (4.48 acres net) and has an average slope of 7%. The site contains one existing residence which takes access off Balboa Road. The southern half of the lot which fronts Graves Creek is currently undeveloped. Surrounding residential parcels to the north, south, and west are zoned Residential Suburban. Parcels to the east on the opposite side of Graves Creek Road are zoned OS (Open Space) and A (Agriculture). 1 I v U 7 _�g�rooa j A r Project Site: OS 6955 Balboa Road N m 1 The project site contains Coast Live Oaks and White Oaks which are primarily clustered around the existing residence and along the Graves Creek Road frontage. A few additional oak trees are located in southeastern corner of the lot near property line. The majority of the parcel is open and flat with no native trees. 0 .,itp Phntnc Subdivision Design: The existing lot at 6955 Balboa Road is 5.33 acres (gross area) and is proposed to be subdivided into two parcels. The property is zoned Residential Suburban, which requires an minimum lot size of 2.5 acres to 10 acres, based on performance standards such as septic suitability, slope, distance to the center of the community, and average size of surrounding parcels. In the Residential Suburban zone, gross acreage is used to determine minimum lot size (not net area), as identified by the Zoning Ordinance and General Plan. Minimum lot size calculations for the subject parcel were done and have identified a 2.5 acre (gross) minimum lots size for this property (see attachment 4). Parcel 1, which contains an existing single-family residence, is proposed at 2.83 acres (gross). Parcel 2 is proposed at 2.50 acres (gross) and would be a vacant lot for future development as a single-family parcel. The existing residence is located on the northern portion of the site (Proposed Parcel 1) and takes access off Balboa Road. Proposed Parcel 2 would take access off Graves Creek Road. Most of the trees on site are located around the existing residence and along the property lines, leaving the majority of the site open for the development of a future residence on Proposed Parcel 2. There is adequate room to construct a new residence on Proposed Parcel 2 without removing any native trees. Since the parcel is primarily flat with an average slope of less than 10%, building envelopes are not required to be recorded with the map. B A L 8 0 A r' -. k � I�I Proposed Parcel 1: 2.83 acres (gross) I \I PARCEL 7 \ I \ I \ I Existing Residence ate. ORIGINAL LOT 3311 Bf OCH 24 / Proposed Parcel 2: \\�\\ \\�\ \\ `\ { PARCEL2 2.5 acres (gross) \\I\0 1 I I 1 \ 1 1 \ \ \ I \ \ \ \ \ \ \ \ \ \ 1 1 1 I I I III 1 1 1 1 1 1 \\ \\ 1 1 \ j l I/ P Public Improvements: Y Proposed Tentative Parcel Map (AT 10-0010) The City Engineer has conditioned that the applicant improve Balboa Road and Graves Creek Road prior to the recordation of the final map. Balboa Road shall be widened in conformance with City Engineering Drawing 401, Type A. The applicant shall also repair and overlay Balboa Road across the frontage of the property to a width of one-half the right- of-way plus 10 feet. Graves Creek Road shall be widened in conformance with City Engineering Drawing 403, Type A, Rural Collector. The widening, at minimum, shall complete one-half of the road on the side of the subject property. An arborist report shall be prepared in conjunction with improvement plans for the road in order to identify any native tree impacts associated with the required improvements. Environmental Review: The project qualifies for a Class 15 Categorical Exemption in accordance with the California Environmental Quality Act. A Class 15 Exemption (Section 15315) consists of the division of property into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in the division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent. CONCLUSIONS: The proposed subdivision is consistent with the 2002 General Plan and Zoning Ordinance. The parcel configurations are consistent with the Subdivision Ordinance requirements and the size and shape of the proposed lots are consistent with the character of the immediate neighborhood. If approved, the project would allow for the construction of one additional single-family residence. Staff recommends the Planning Commission approve the Tentative Parcel Map as conditioned. ALTERNATIVES: 1. The Commission may approve the subdivision subject to additional or revised project conditions. The Commission's motion to approve needs to include any new or revised project conditions. 2. The Commission may deny the subdivision if it is found to be inconsistent with the General Plan or any of the other required findings. 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 Attachment 2 — Aerial Photograph Attachment 3 — Additional Site Photos Attachment 4 — Residential Suburban Minimum Lot Size Calculation Attachment 5 — Draft Resolution PC 2010-0013 Attachment 1: Location Map m �1 - RS U 7 A Project Site: OS 6955 Balboa Road _fes`~ i r a N U N t �t l l Zoning: Residential Suburban (RS) General Plan: Rural Estate (RE) Attachment 2: Aerial Photograph t • `1 1 Project Site: 6955 Balboa w '.d Attachment 3: Additional Site Photos D O Q CO J Ca Q O Y W V CO) NCO)Oct a J k? W Q y0 3� OOW �V W N Q W� V� a° C Attachment 4: Residential Suburban Minimum Lot Size Calculation Minimum Lot Size Criteria For (lie Residential Suburban Zone Address 6955 Balboa Lot Size Factors A PN 050-071-012 Lot Size 4.84 Contact David Berry 238-2510 0-8,000=.20, 8-10,000=.25 10-12,000=.30, 12- 14,000=.40, Distance from Collurof 14-16,000=.50,16-18,000=.60, Conttnunity 18-20,000= .75, > 20,000 = .90 11.2; >20 min/inch--.50 Septic Suitability (perk 20-39 midinch=.75 rate) 40-59 midinch= 1.00 < 60 midinch= 1.50 11.7 0-10%=.5, 11-20c/o=.75, Average Slope 21-25%= 1.0, 26-30%=1.25, 31-35%=1.75, 36-40%=2.00 0• 71 City accepted road =.40 Paved road less than 15% =.40 Paved road more than 15%=.50 All Access Con (IiIii)n weather less than 15%=.75 All weather more than 15% = 1.00 Unimproved less than 15%= 1.25 Unim roved more than 15%= 1.5 11.4 Lots within 1,500' 94 Average Lot Size Within 1500 Feet (acres) 2,77 (Average lot size multiplied by 0.2) 0.55 Minimum Lot Size 2.454 e 2.5 minimum lot size in Residential Suburban zone Attachment 5: Draft Resolution PC 2010-0013 DRAFT RESOLUTION NO. PC 2010-0013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2010-1356 / TENTATIVE PARCEL MAP 2010-0096 (AT 10-0010) ESTABLISHING A SUBDIVISION OF ONE EXISTING RESIDENTIAL LOT INTO TWO PARCELS 6955 BALBOA ROAD (APN 050-071-012) (BERRY) WHEREAS, an application was received from the Berry Family Trust (David Berry), 4720 Whispering Oaks Way, Paso Robles, CA 93446, for a Tentative Parcel Map to establish a subdivision of an existing 5.33 acre lot into two (2) lots containing 2.83 acres and 2.50 acres gross each; and, WHEREAS, the proposed project has a General Plan Designation of Rural Estate (RE), minimum lot size 2.5 acres based on performance standards and is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and, WHEREAS, the site is located in the Residential Suburban (RS), minimum lot size 2.5 acres based on performance standards which allows for the proposed use and density when certain findings are made; and, WHEREAS, the proposed use qualified as a Class 15 Categorical Exemption (Section 15315) as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Tentative Parcel Map application on May 4, 2010 at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public. NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as follows: 1. The proposed project has been found Categorically Exempt under Class 15, Section 15315 of the California Environmental Quality Act. SECTION 2. Approval for Tentative Parcel Map, the Planning Commission finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement, as conditioned, of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The site is physically suitable for the density of development proposed. 4. 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. 5. The subdivision is consistent with the character of the immediate neighborhood. 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 cause serious public health problems. 8. The proposed subdivision will be accomplished without detriment to the adjacent properties. SECTION 3. Approval. The Planning Commission does hereby approve Tentative Parcel Map 2010-0096 to establish a subdivision of an existing 5.33 gross acre lot into two (2) lots containing 2.83 acres and 2.50 gross acres each, subject to the following Conditions and Exhibits: EXHIBIT A: Notice of Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Tentative Parcel Map 2010-0096 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 Heather Moreno Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary EXHIBIT A: Notice of Exemption PLN 2010-1356 / TPM 2010-0096 en d CITY OF ATASCADERO NOTICE OF EXEMPTION 6907 El Camino Real Atascadero, CA 93422 805.461.5000 TO: ® File Date Received for Filing ❑ Office of Planning and Research 1400 Tenth Street 4(z 3 [to Sacramento, CA 95814 FROM: City of Atascadero Community Development Department 6907 El Camino Real Atascadero, CA 93422 SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code Proiect Title 6955 BALBOA LOT SPLIT Project Location (Include County) 6955 Balboa Road Atascadero, CA 93422 Project Description The proposed project includes a Tentative Parcel Map which proposes a two lot split in the Residential Suburban (RS) zone. The RS zone has 2.5 acre minimum lot size. The existing lot is 5.33 acres gross (4.84 acres net) with an average slope of 7%. Proposed Parcel 1, which contains an existing single-family residence, is proposed at 2.83 acres gross (2.44 acres net). Proposed Parcel 2 (no structures on site) is proposed at 2.50 acres gross (2.40 acres net) and would be a vacant lot for future development as a single-family parcel. Name of Public Agency Approving Project City ofAtascadero, 6907 El Camino Real, Atascadero, CA 93422 Name of Person or Agency Carrying Out Project Wilson Land Surveys, Inc., 7600 Morro Road, Atascadero, CA 93422 Exempt Status: ❑ Ministerial (Sec. 21080 (b)(1); 15268) ❑ Declared Emergency (Sec. 21080(b)(3); 15269(a)) ❑ Emergency Project (Sec.21080 (b)(4); 15269(b)(c)) Z Categorical Exemption (Sec. 15315, Minor Land Divisions) Reasons why project is exempt. Class 15 of the California Environmental Quality Act (CEQA) (Section 15315, Minor Land Divisions) exempts the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent. al�_ Date: Apri123, 2010CalliQ'a - e Taylor Associate Planner Contact Person: Warren Frace, Community Development Director, City ofAtascadero (805) 461-5000 EXHIBIT B: Conditions of Approval Conditions of Approval Timing Responsibility /Monitoring PS: Planning Services PLN 2010-1356 / TPM 2010-0096 BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department 6955 Balboa Road BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater FO: Final Occupancy CA: City Attorney Standard Planning Conditions 1. The approval of this application shall become final, subject to the completion of the Ongoing PS 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. Approval of this Tentative Parcel Map shall be valid for two years after its effective FM PS date. At the end of the period, the approval shall expire and become null and void unless a final map has been recorded or 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 approve minor FM PS / CE changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Parcel Map. 4. A parcel map drawn in substantial conformance with the approved tentative map, and FM PS 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 Atascadero or Ongoing CA 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. The parcel map shall be subject to additional fees for park or recreation purposes FM PS (QUIMBY Act) as required by City Ordinance. 7. Any new residence or structures on Parcel 2 shall take access off the adjacent BP PS property frontage on Graves Creek Road. 8. An arborist report shall be prepared and submitted to the Community development BP PS Department in conjunction with improvement plans for Balboa and Graves Creek Road in order to identify any native tree impacts associated with the required frontage improvements. City Engineer Project Conditions 9. Per Municipal Code Section 9-4.160, the developer shall widen Balboa Road in FM CE conformance with City Engineering Drawing 401, Type A. The widening, at a minimum, shall complete one half of the road on the developer's side to the City Engineer's satisfaction. The developer shall also repair and overlay Balboa Road across the frontage of the property to a width of 1/2 the roadway plus 10'. The developer shall submit a report to the City Engineer detailing the repairs needed in Conditions of Approval Timing Responsibility /Monitoring PS:Planning Services PLN 2010-1356 / TPM 2010-0096 BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department 6955 Balboa Road BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney order to insure the overlay will not prematurely fail. 10. Per Municipal Code Section 9-4.160, the developer shall widen Graves Creek Road FM CE in conformance with City Engineering Drawing 403, Type A, Rural Collector. The widening, at a minimum, shall complete one half of the road on the developer's side. All public improvements shall be designed and constructed to the satisfaction of the City Engineer. 11. The applicant shall provide a minimum 5' right-of-way offer of dedication contiguous FM CE to the Graves Creek and Balboa Road right-of-ways to accommodate road widening 12. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to the FM CE property frontage along Balboa and Graves Creek Roads. 13. All public improvements shall be constructed in conformance with the City of FM, BP CE Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer City Engineer Standard Conditions 14. Prior to recording the Tentative Parcel Map, the applicant shall bond for or complete FM CE all improvements required by these conditions of approval. 15. An engineer's estimate of probable cost shall be submitted for review and approval FM CE by the City Engineer to determine the amount of the bond. 16. The applicant shall acquire title interest in any off-site land that may be required to FM CE 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. 17. Slope easements shall be obtained by the applicant as needed to accommodate cut FM CE or fill slopes. 18. Drainage easements shall be obtained by the applicant or granted to the City, if FM CE needed by the applicant to accommodate both public and private drainage facilities. 19. A preliminary subdivision guarantee shall be submitted for review in conjunction with FM CE the processing of the parcel map. 20. The final parcel map shall be found acceptable to the City Surveyor prior to the map FM CE being placed on the agenda for City Council acceptance. 21. Prior to recording the parcel map, the applicant shall pay all outstanding plan FM CE check/inspection fees. 22. Prior to recording the parcel map, the applicant shall submit a copy of a valid tax FM CE bond certificate. Conditions of Approval Timing Responsibility /Monitoring PS:Planning Services PLN 2010-1356 / TPM 2010-0096 BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department 6955 Balboa Road BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney 23. Prior to recording the parcel map, the applicant shall bond for or set monuments at all FM CE 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. 24. Prior to recording the parcel map, the applicant shall submit a map drawn in FM CE 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. 25. All existing and proposed utility, pipeline, open space, or other easements are to be FM CE shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 26. Prior to recording the parcel map, the applicant shall have the map reviewed by all FM CE 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. 27. Prior to the issuance of building permits the applicant shall provide for the detention BP CE and metering out of developed storm runoff so that it is equal to or less than undeveloped storm runoff. 28. Drainage basins shall be designed to desilt, detain and meter storm flows as well as BP CE release them to natural runoff locations. 29. Low impact development design elements shall be used in the onsite and offsite BP CE construction to the satisfaction of the City Engineer. 30. Alignment and the design of the required frontage improvements shall be approved FM CE by the City Engineer. 31. All utilities shall be undergrounded on project frontage GP, BP CE EXHIBIT C: Tentative Parcel Map TPM 2010-0096 (AT 10-0010)