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HomeMy WebLinkAboutPC_2009-04-07_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, April 7, 2009 — 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Jack Vice Chairperson Moreno Commissioner Bentz Commissioner Colamarino 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) 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON MARCH 3, 2009. City of Atascadero Planning Commission Agenda COMMUNITY DEVELOPMENT STAFF REPORTS Regular Meeting, April 7, 2009 Page 2 of 4 2. PLN 2009-1321/TREE REMOVAL PERMIT FOR SAN ANDRES AVE. Property Owner: City of Atascadero, 6907 EI Camino Real, Atascadero, CA 93422 Applicant: Larry Clark, Public Works Department, City of Atascadero Certified Arborist: A&T Arborists, 1565 EI Camino Real, Atascadero, CA 93422 Project Title: PLN 2009-1321 / Tree Removal Permit 2009-0130 Project San Andres Avenue between Navajoa and Santa Lucia Road, Atascadero, CA Location: (San Luis Obispo County) Project A request to remove five native trees, including two Sycamores, and three Live Description: Oaks. One of the Sycamore trees is over 24" DBH. The total diameter of the trees proposed for removal is 99 -inches DBH. The trees are proposed for removal in order to install a new pedestrian walkway along San Andres Avenue near Proposed Atascadero High School. PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative 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).) 3. PLN 2009-1320, CONDITIONAL USE PERMIT FOR 11250 VIEJO CAMINO Property Owner: Paloma Creek Market Inc., 5599 Hollister Ave., Goleta, CA 93117-3821 Applicant: Albert Solmon, Paloma Creek Market, 11250 Viejo Camino, Atascadero, CA 93422 Project Title: PLN 2009-1320, Conditional Use Permit 2009-0239 Project 11250 Viejo Camino, Atascadero, CA 93422 Location: APN 045-342-014 (San Luis Obispo County) Project The project consists of a Conditional Use Permit to reduce the required number Description: of parking spaces to allow for the elimination of the drive-through component and full enclosure of the existing store. General Plan Designation: GC (General Commercial) Zoning District: CN (Commercial Neighborhood) Proposed Environmental Exempt per Section 15305: Minor Modification to Land Use limitations. Determination: City of Atascadero Planning Commission Agenda Regular Meeting, April 7, 2009 Page 3 of 4 COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for April 21, 2009, 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, April 7, 2009 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 Annex business hours at the Community Development counter 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. 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, (805) 461-5000, or the City Clerk's Office, (805) 461-5000. 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 AGENDA ITEMS 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 podium. If you wish to speak for, against, or comment in any way: • You must approach the podium and be recognized by the Chairperson • Give your name and address (not required) • Make your statement • All comments should be made to the Chairperson and Commission • All comments limited to 3 minutes (unless changed by the Commission) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at least 24 hours prior to the meeting. Access to hook up your laptop to the City's projector will 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 Chairperson 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 Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "PUBLIC HEARINGS", the Chairperson will call for anyone from the audience having business with the Commission to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Commission's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Commission). ITEM NUMBER: 1 DATE: 4-7-09 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, March 3, 2009 — 7:00 P.M. City Hall, Council Chambers 6907 EI Camino Real, Atascadero, California CALL TO ORDER: 7:00 p.m. Chairperson Jack called the meeting to order at 7:00 p.m. and Commissioner Len Colamarino led the Pledge of Allegiance. ROLL CALL Present: Chairperson Jack, Vice Chairperson Moreno, Commissioners Bentz, Colamarino, Schmidt, Sturtevant and Ward Others Present: Recording Secretary Susanne Curtis Anshen Staff Present: Community Development Director Warren Frace, Deputy Public Works Director David Athey, and Senior Planner Kelly Gleason APPROVAL OF AGENDA MOTION: By Commissioner Ward and seconded by Vice Chairperson Moreno to approve the agenda. Motion passed 7:0 by a roll -call vote. PUBLIC COMMENT: None. Chairperson Jack closed the Public Comment period. PC Draft Minutes of 03/03/09 Page 1 of 8 PLANNING COMMISSION BUSINESS Commissioner Schmidt read the mission statement adopted by the Atascadero City Council and asked everyone to keep this mission in mind during our meetings. Chairperson Jack announced the next agenda will include discussion on the 2009 Planners' Institute as well as working on a schedule for the 2009 Training Rules for the Commission. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JANUARY 20, 2009. 2. PLN 2099-0878, APPROVAL OF TIME EXTENSION FOR TTM 2005-0076 AND CUP 2005-0170 FOR 4705-4713 EL CAMINO REAL (JRW GROUP, INC. - TREATCH / ACACIAS DEVELOPMENT) PUBLIC COMMENT: None. Chairperson Jack closed the Public Comment period. MOTION: By Commissioner Bentz and seconded by Commissioner Schmidt to approve the Consent Calendar. Motion passed 7:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS: None. PUBLIC HEARINGS 3. PLN 2008-1314 / ZONE CHANGE AND CONDITIONAL USE PERMIT AMENDMENT FOR DOVE CREEK PC Draft Minutes of 03/03/09 Page 2 of 8 Property Owner: PMB Development Company, 765 Baywood Dr. #141, Petaluma, CA 94954 Applicants: Courtney Architects, 656 Santa Rosa St. #3A, San Luis Obispo, CA 93401 Project Title: PLN 2008-1314 / Zone Change and Conditional Use Permit Amendment Master Site Plan and PD -12 Zone Text Amendment for a proposed Tractor Supply Company store at the Dove Creek Commercial Center. Project Northwest corner of EI Camino Real & Santa Barbara Road (existing Location: vacant commercial pad) (San Luis Obispo County) APN 045-331-014 Project The project consists of an amendment to the existing Master Plan of Description: Development and PD -12. The Zone Change to the Planned Development - 12 text will eliminate the "indoor only" restriction for farm equipment and supply sales, thus allowing a 19,100 square -foot Tractor Supply Company Store with 20,800 square -foot outdoor storage and sales area. The master site plan will be revised for the new building and outdoor use areas. General Plan Designation: MU (Mixed -Use) Zoning District: CR (Commercial Retail) / PD -12 Proposed Consistent with previously certified Mitigated Negative Declaration. Environmental Determination: DISCLOSURE OF EX PARTE COMMUNICATIONS: • Commissioner Colamarino visited the site and spoke with two residents. • Commissioner Bentz stated he received three emails: one from Morgan and Jessie Terrell outlining their concerns with the Dove Creek development; one from William P. White, President of the Atascadero Professional Firefighters, indicating the Firefighters' support for the Tractor Supply Company; and one from the President of the Atascadero Police Officers Association. • Chairperson Jack stated he received the same three emails, visited the site on a couple occasions, and spoke in the past with one of the owners of the property. • Vice Chairperson Moreno stated she visited the site and received the emails, but had no direct correspondence with anyone. • Commissioner Schmidt stated he visited the site several times and received an email dated 2/5/09 from Sandy Henson along with the other three emails mentioned. He also stated he spoke with Kelly Gleason this morning. Senior Planner Kelly Gleason gave the staff report. Senior Planner Kelly Gleason and Community Development Director Warren Frace answered questions of the Planning Commissioners. PC Draft Minutes of 03/03/09 Page 3 of 8 PUBLIC COMMENT: Tom Courtney, Courtney Architects of San Luis Obispo, stated he appreciated feedback from Homeowners Association and citizens and has attempted to accommodate everyone's concerns. Chris Diesta, Project Manager, presented an overview of the Dove Creek Commercial Project area. Chris Diesta and Tom Courtney (Courtney Architects), and Bob Rowland (PMB Development) answered questions of the Planning Commissioners. Tom Birkenfeld, Past President of the Atascadero Professional Firefighters, spoke in favor of the project as the sales tax revenue will benefit the City and would encourage commercial and retail development, which is in line with Atascadero's goals. Allen Bailey, a resident of Dove Creek, spoke against project stating although there is a need for tax revenue, there are many problems including traffic problems, delivery truck access, safety hazards, noise, and road maintenance issues. Allen Inbictor, a resident of Dove Creek, stated he purchased his unit because it was a Master Plan Development and he had been informed the commercial development would probably be a community center. Jeff Phillips, Vice President of the Dove Creek Homeowners Association, spoke against rezoning of the commercial retail development, but not against the commercial development. He stated the rezoning would cause property values to decline. Gary Henson, President of the Dove Creek Villas Homeowners Association, and Treasurer of the Dove Creek Homeowners Association, stated the design is well done; but when the homeowners purchased homes, they were not told of the possible zone change allowing this large retail store with outdoor sales area. Kevin Buffett, Atascadero Grain and Feed, stated Tractor Supply Company will negatively impact his business. Sandy Henson, Dove Creek resident, stated allowing outdoor sales is a huge departure from original design. She also stated her concern for the large trucks using the pull- through parking and the road will not allow large vehicles to turn into the project. Morgan Terrell spoke of concern about the unsafe traffic conditions and her understanding that the Air Pollution Control District must also receive a referral. Ms. Terrell offered a revised site plan to provide more of a buffer between the commercial and residential areas and asked that the truck deliveries be held Monday through Friday, between 8 a.m. and 5 p.m. and store hours be limited to 8 a.m. to 6 p.m. Don Bullard spoke in favor of project, stating we do not want to drive off Tractor Supply Company. He stated the correct truck -turning radius needs to be addressed; and in PC Draft Minutes of 03/03/09 Page 4 of 8 2016, the property would revert back to City, which could sell the property for a project that would not be as nearly as nice. Warren Miller spoke in favor of Tractor Supply Company, but expressed concern how Tractor Supply will fit into Dove Creek. He urged the Commission to take into account the residents' concerns. Keith Reagan, President of Dove Creek Homeowners Association, spoke against the project, expressing concern the buildings are going to be below grade with only roof tops in view. He also stated the wrought iron fence will not hide the outdoor sales area, and his concern Dove Creek's insurance would not cover incidents on the road. Charles Park stated he wants to keep the commercial as it was promised when he purchased his home as he was induced to buy because the commercial would be inside retail, not outdoor sales. He is also concerned with the traffic and safety issues. Allen Inbictor stated there will be more revenue lost by the reduction of property values than gained by this single tenant. Gary Henson also expressed his concern for the negative impact on property values, stating items to be sold outside will impact the ability to draw the desirable retail to the center. Scott Hallett spoke on the negative impact on the community this zone change would have to future revenues to support infrastructure and public safety. Keith Reagan, Dove Creek Homeowners Association President, stated by adding the outdoor storage, they have removed some parking, creating a difficult parking lot. Bob Rowland, PMB Development, thanked the Commission for hearing and commended staff and stated they have tried to resolve as many issues as they could and they have agreed to all conditions, including the road maintenance agreement. Chairperson Jack closed the Public Comment period. Senior Planner Kelly Gleason answered questions from the Planning Commissioners. Extensive discussion was held on how the storage area, the best way to screen the outdoor storage area, the turning radius for large trucks, restricting delivery times, and shielding the outdoor lighting. PUBLIC COMMENT REOPENED: The Planning Commissioners asked Chris Diesta and Bob Rowland questions on the lighted signs, the road maintenance agreement, the drive-through parking area, and noise. PC Draft Minutes of 03/03/09 Page 5 of 8 Chairperson Jack closed the Public Comment period. Senior Planner Kelly Gleason answered questions of the Commissioners regarding the participation in the road maintenance agreement and the traffic study. Chairperson Jack recessed the meeting at 9:22 p.m. Chairperson Jack reconvened the meeting at 9:35 p.m. PUBLIC COMMENT REPOPENED: Chairperson Jack asked Mr. Rowland if the outside displays stay up at night. Mr. Rowland stated the items stored outside remain there until sold, but it is not stored above the fence line. Chairperson Jack closed the Public Comment period. Deputy Public Works Director David Athey answered questions of the Planning Commissioners regarding ingress and egress to the project, the road maintenance agreement, screening the outdoor storage area, delivery hours and lighting. MOTION: By Commissioner Bentz to: 1. Adopt Resolution PC 2009-0009 recommending that the City Council introduce an ordinance for first reading amending zoning code text for Planned Development #12 (Zone Change 2008-0151) to allow outdoor sales for farm equipment and supply establishments based on findings; and, 2. Adopt Resolution PC 2009-0010 recommending that the City Council adopt amendments to CUP 2003-0099 related to the Commercial Center Master Plan of Development, based on findings and subject to Conditions of Approval including the following: (a) Vine plants be considered on the trellis; (b) The wrought iron fence have more opaque screening; (c) The landscaping be planted with more mature plants; (d) The lighted TSC sign be turned off at night or muted; (e) Maintenance of landscaping be required in the CC&Rs. DISCUSSION: Senior Planner Kelly Gleason asked for clarification that Commissioner Ward was referencing the lighted sign facing the residents will be turned off or muted after hours. PC Draft Minutes of 03/03/09 Page 6 of 8 Senior Planner Kelly Gleason stated the limited delivery times is not currently a condition, so this could be added now. She also clarified that rather than CC&Rs, they use deed notifications, and Commissioner Ward agreed. Vice Chairperson Moreno asked about conditioning the requirement Tractor Supply have a truck verify the turn radius. The Commissions felt this had already been included. Commissioner Schmidt commented that trucks often arrive early and idle while waiting to deliver, but we probably cannot control this issue. Community Development Director Warren Frace stated if the Commission limited the delivery times, it would be clear, and reports of nuisances can be addressed with the tenant. MOTION: By Commissioner Bentz and seconded by Vice Chairperson Moreno to: 1. Adopt Resolution PC 2009-0009 recommending that the City Council introduce an ordinance for first reading amending zoning code text for Planned Development #12 (Zone Change 2008-0151) to allow outdoor sales for farm equipment and supply establishments based on findings; and, 2. Adopt Resolution PC 2009-0010 recommending that the City Council adopt amendments to CUP 2003-0099 related to the Commercial Center Master Plan of Development, based on findings and subject to Conditions of Approval including the following: (a) Vine plants be considered on the trellis; (b) The wrought iron fence have more opaque screening; (c) The landscaping be planted with more mature plants; (d) The lighted TSC sign facing the residents be turned off at night or muted; (e) Maintenance of landscaping be required in the deed notification; and (f) Limit delivery times to the hours to 8 a.m. to 5 p.m. Monday through Friday. Motion passed 7:0 by a roll -call vote. COMMISSIONER COMMENTS AND REPORTS Commission Schmidt asked staff if the Storm Water Management Plan for Atascadero requires that pre -construction analysis for drainage studies to use native soil and PC Draft Minutes of 03/03/09 Page 7 of 8 vegetation. Deputy Public Works Director David Athey stated City staff has recommended we go with predevelopment which is what exists on the site prior to the applicant submitting plans. Commissioner Schmidt asked if the dead trees near Paloma Park could be replaced under the Tree Mitigation Program. Community Development Director Warren Frace stated currently we have a native replanting program, and he will check with the Public Works Department. DIRECTOR'S REPORT Community Development Director Warren Frace gave the following Director's Report: • The next Planning Commission meeting is March 17th and there is a tree removal and amendment to an older Use Permit for a church. • The following week is the Planning Commissioner Training in Anaheim and this will be a discussion item on the next agenda. • Mr. Frace stated if there are ever any questions about the staff reports or the projects beforehand, to feel free to email him or staff. ADJOURNMENT: 10:16 p.m. The meeting was adjourned at 10:16 p.m. to the next regular meeting of the Planning Commission is scheduled for March 17, 2009, at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. MINUTES PREPARED BY: Susanne Anshen, Recording Secretary \\Cityhall\cdvlpmnt\— PC Minutes\PC Minutes 09\PC Draft Minutes 03 03 09 (revised).doc PC Draft Minutes of 03/03/09 Page 8 of 8 ITEM NUMBER: 2 DATE: 4-7-09 Atascadero Planning Commission Staff Report - Community Development Department Callie Taylor, Associate Planner, 470-3448, ctaylor@atascadero.org PLN 2009-1321 Tree Removal Permit San Andres Avenue Right -of -Way (City of Atascadero) SUBJECT: A request to remove two (2) Sycamores, 46" and 18" DBH, and three (3) Coast Live Oaks, 10", 11", and 18" DBH, in the right-of-way on San Andres Avenue. The trees are obstructing a proposed pedestrian walkway on San Andres Avenue between Navajoa and Santa Lucia Road. RECOMMENDATION: Staff recommends: The Planning Commission adopt Resolution PC 2009-0013 to approve the request to remove five (5) native trees in the San Andres right-of-way, subject to conditions of approval. Situation and Facts: 1. Owner: City of Atascadero, 6907 EI Camino Real, Atascadero, CA 93422 2. Applicant: City of Atascadero, Public Works Department, 6907 EI Camino Real, Atascadero, CA 93422 3. Certified Arborist: A & T Arborists, Steven Alvarez, PO Box 1311, Templeton, CA 93465 4. Project Address: San Andres right-of-way between Navajoa and Santa Lucia Road, Atascadero, CA 93422 ITEM NUMBER: 2 DATE: 4-7-09 ANALYSIS: The City of Atascadero Public Works Department is requesting the removal of five (5) native trees located along the San Andres right-of-way between Navajoa and Santa Lucia Road. A pedestrian walkway and road improvements are proposed to be installed along San Andres Avenue to provide a safe walkway for students going to and from Atascadero High School. The subject trees are obstructing the road and sidewalk improvements. The trees proposed for removal include two Sycamores and three Live Oaks. Tree 1 is a 46 -inch DBH Sycamore located near the intersection of San Andres and Navajoa Ave. Trees 2 and 3 are Live Oaks at 14 -inches and 10 -inches DBH, and tree 4 is an 18 -inch Sycamore. Trees 2, 3, and 4 are located near the intersection of San Andres and Serra Ave. Trees 1-4 are located along the side of the road, in the City right-of- way. They have been poorly pruned for utility clearance and are in fairly poor health. REMOVE EX 5TlNG TREES REMOVE EXISTING FREE ` ..4.+ 1# ] .... REMOVE EXISTING TREE - .. 0 Site plan: Trees 1, 2, 3, & 4 ITEM NUMBER: 2 DATE: 4-7-09 Tree 14 is an 11 -inch Live Oak proposed for removal. Tree 14 is located near the intersection of San Andres and EI Retiro St., closer to Santa Lucia Road. The tree is leaning over the shoulder of the road and is causing pedestrians to walk out into the street to avoid it. REMOVE EXISING INFF NO 10[2p) 14 Site plan: Tree 14 The Arborist Report shows that there will be impacts to other Live Oaks, Black Walnuts, and Valley Oaks along San Andres Ave. Most of the impacts will be minor and will not have an effect on the health of the trees. There are two trees (trees 6 & 11, a 46" Black Walnut and a 42" Valley Oak) which will require arborist monitoring during construction in order to limit the effect of the impacts and protect the roots in the location of the new improvements. The project has been conditioned for arborist monitoring for construction near these two trees. Staff has conditioned that the applicant (City of Atascadero, Public Works Department) follow the mitigation requirements of the Native Tree Ordinance. The removal of 35 inches of evergreen trees and 64 inches of deciduous trees requires a payment of $2,716.67 to the tree fund. ITEM NUMBER: 2 DATE: 4-7-09 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: a. Early consultation with the City, b. Consideration of practical design alternatives, c. Provision of cost comparisons (from applicant) for practical design alternatives, d. If saving tree eliminates all reasonable use of the property, or e. If saving the tree requires the removal of more desirable trees. CONCLUSION: A pedestrian walkway and road improvements are proposed to be installed along San Andres Ave., between Navajoa and Santa Lucia Road, to provide a safe walkway for students going to and from Atascadero High School. The City of Atascadero Public Works Department is requesting the removal of five (5) native trees which are obstructing the proposed improvements. The trees include two (2) Sycamore and three (3) Live Oaks totaling 99 -inches DBH. One of the trees is over 24 -inches DBH and therefore triggers Planning Commission approval of the tree removals. Based on the Arborist Report and above analysis, findings can be made to approve the requested removal. ATTACHMENTS: Attachment 1: Location and Zoning Map Attachment 2: Site Photos Attachment 3: Arborist Report Attachment 4: Draft Resolution PC 2009-0013 ITEM NUMBER DATE: 4-7-09 Attachment 1: Location and Zoning Map Q ITEM NUMBER DATE: 4-7-09 Attachment 3: Arborist Report 1-20-09 City of Atascadero MAR 6 2009 Attn.: Larry Clark Re: San Andres Ave. Street Improvements �OfYfN9UN3TYEy'EE ilPl This tree protection plan is in regard to the proposed street improvements along San Andres Avenue between Navajoa and Santa Lucia Road. Plans are to chip seal a portion of the road and add a pedestrian walkway. The potentially impacted native trees that exist along the right-of-way consist of black walnuts (Juglans hindsii), coast live oaks (Quercus agr olia), valley oaks (Quercus lobata), and sycamores (Platanus racemosa). The trees are listed from east to west and the tags are generally located on the back sides of the trunks. Two sycamores and three live oaks (trees #144, and #14) will have to be removed for this project. The total diameter for the removed trees is 99 inches. Other trees will be impacted to some degree due to the grading that will take place. Grading will occur within a couple feet of the trunks of trees 46 and #11. The grading within five feet of the trunks shall be done by hand with arborist monitoring. Large (>4") buttressing roots shall not be cut. Tree 412 is located just behind the fence in the school maintenance parking area. This tree is very hazardous and needs immediate attention. A portion of the tree is targeting the maintenance parking area of the school and another is targeting the proposed walkway. There is evidence of decay near the major scaffold attachments and the tree is likely to fail very soon. Tree #14 is located further west from the main project and this tree is causing pedestrians to walk out into the street to avoid it. This tree will also be removed and is included in the removal diameter. It is the responsibility of the owner to provide a copy of this tree protection plan to any and all contractors and subs that work within the drip line of any native tree. It is highly recommended that each contractor sign and acknowledge this tree protection plan. This project shall require an on-site pre -construction meeting with the city, owner, grading contractor and the arborist. Topics will include fencing, monitoring and requirements for a positive final letter. All trees potentially impacted by this project are numbered and identified on both the grading pian 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 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: ITEM NUMBER: DATE: 4-7-09 Ratina Condition 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 perfect 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 will 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 line that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work 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. Trenching Within Drip Line: All trenching for foundations within the drip line of native trees shall be hand dug. All major roots shall be avoided whenever possible. All exposed roots larger than 1" in diameter shall be clean cut with sharp ITEM NUMBER: 2 DATE: 4-7-09 pruning tools and not left-#&gged. A Mandatory meeting between,,.e arborists and grading/trenching contractor(s) shall take place prior to work start. This activity shall be monitored by the arborist(s) to insure proper root pruning is talking place. 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 owner(s) 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), The City of Atascadero, and the earth moving team shall be required for this project. Prior to final occupancy, a letter from the arborist(s) shall be required verifying the health/condition of all impacted trees 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 trees, and that all work done in these areas was completed to the standards set forth above. ITEM NUMBER: 2 DATE: 4-7-09 Pruning: Class 4Vruning includes -Crown reduction prunin-s shall consist of reduction of tops, sides or individual limbs. A trained arborist shall perform all pruning. No pruning shall take more than 25% of the live crown of any native tree. Any trees that may need pruning for road/home clearance shall be pruned prior to any grading activities to avoid any branch tearing. Landscape: All landscape under the drip -line shall be drought tolerant or native varieties. Lawns shall be avoided. All irrigation trenching shall be routed around drip lines; otherwise above ground drip -irrigation shall be used. It is the owner's responsibility to notify the landscape contractor regarding this mitigation. Utility Placement: All utilities and sewer/storm drains shall be placed down the roads/driveways and when possible outside of the drip lines. The arborist shall supervise trenching within the drip line. All trenches in these areas shall be exposed by air spade or hand dug with utilities routed under/over the roots. Roots greater than 2 inches in diameter shall not be cut. Fertilization and Cultural Practices: As the project moves toward completion, the arborist(s) may suggest fertilization, fungicide, insecticide or mycorrhiza applications that will benefit tree health. Mycorrhiza offers several benefits to the host plant, including faster 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 report 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 6436-A s- r 4 f Eil 1- W L}] K r ITEM NUMBER: DATE: 4-7-09 w uw C3 Z3 Z7 C11 t3 C3 6 z3 N z w 0 0 0 m 0 w a) as as ca C C C. C C C c C C� 7 7 7 7 7 73 4 7 7 L L L 4 L CL L CL CL _ Z J ❑ LX U tL Z e= O O O O O u7 cA cry O O Lu w w W w w w Z Lu Q UJ LU LJ i LiJ Q C7 a- Z O Z O Z 00 Z LL 2 Z O Z O o Z Z Z Z.. u- z Z p w ZF Q �N/ L.L �N,a I..L y�/ x ��y.e LL ,Ny LL �J L.L �,/ � �My Cf yy L.L ,�..yy LL ��yr X ��// 0d Z W Z w _j J Q a -. 4 p p o p . o d `ate• O o L a © O o O B 0 CL E C) CD C) Q 0 O 0 O LO C It CST LC) O� 4L") LC) LO L" Lf) O Q f r^ r r ❑ e U) 0.. Q — _ _ _ o — — Q V ~ 0 L" �- LU N M 'ct M LC) M n # M M N p Z FO S.P O N (0 N an d C3 CO qt X N X X ❑ Ln M N CV W (-) yU 0 0 0� 00000000 � U) --I J U) J m J J> J>>> J d (n # � N M S U] id r` �� N it ITEM NUMBER: 2 DATE: 4-7-09 Attachment 4: Draft Resolution PC 2009-0013 DRAFT RESOLUTION PC 2009-0013 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING PLN 2009-1321/ TREE REMOVAL PERMIT 2009-0130 TO ALLOW THE REMOVAL OF FIVE NATIVE TREES WHICH ARE OBSTRUCTING ROAD AND WALKWAY IMPROVEMENTS IN THE SAN ANDRES AVENUE RIGHT-OF-WAY (CITY OF ATASCADERO PUBLIC WORKS) WHEREAS, an application for a Tree Removal Permit has been received from the City of Atascadero, Public Works Department, 6907 El Camino Real, Atascadero, CA 93422 (Owner/Applicant) to allow the removal of five native trees at the San Andres Avenue right- of-way; and, WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on April 7, 2009, and considered testimony and reports from staff, the applicants, and the public; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero, California takes the following actions: SECTION 1. Findings for Approval of Tree Removal Permit. The Planning Commission finds as follows: ■ 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: a. Early consultation with the City, b. Consideration of practical design alternatives, c. Provision of cost comparisons (from applicant) for practical design alternatives, d. If saving tree eliminates all reasonable use of the property, or e. If saving the tree requires the removal of more desirable trees. ITEM NUMBER: 2 DATE: 4-7-09 SECTION 2. Approval. The Planning Commission hereby approves Tree Removal Permit 2009-0130 subject to the following: Exhibit A: Conditions of Approval Exhibit B: Tree Mitigation chart 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 Sandy Jack Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 4-7-09 Exhibit A: Conditions of Approval Tree Removal - PLN 2009-1321 / TRP 2009-0130 Conditions of Approval Timing Responsibility PLN 2009-1321 / TRP 2009-0130 /Monitoring FM: Final Map PR: Pnorto Removal PS: Planning Services BL: Business License BS: Building Services BP: Building Permit FD: Fire Department TO: Temporary Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. The approval of this application shall become final, subject to the Tree removal 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. The applicant and/or subsequent owners shall defend, indemnify, On going PS and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the proposed development. 3. The applicant shall mitigate the removal of the five native trees by Tree Removal PS paying into the tree mitigation fund in accordance with the requirements of the Atascadero Native Tree Ordinance (see Exhibit B). The mitigation fees shall be paid prior to tree removals. 4. The project arborist shall be on site to monitor the construction BP PS near trees 6 and 11, as recommended in the arborist report. Tree protection fencing shall be installed around the dripline of all native trees within 20 -feet of construction. Exhibit B: Tree Mitigation chart Evergreen Native Trees (inches) dbh notes 1 14 -inches tree 2 2 10 -inches tree 3 3 11 -inches tree 14 4 5 6 Tota I 35 -inches Mitigation Requirement req'd tree replacements: Proposed Replanting Remaining Mitigation Tree Fund Payment $ ITEM NUMBER: 2 DATE: 4-7-09 Deciduous Native Trees (inches) Totals dbh notes 1 46 -inches tree 1 2 18 -inches tree 4 3 4 5 6 \\Cityhall\cdvlpmnt\- 09 PLNs\PLN 2009-1321 TRP San Andres Right-of-Way\Tree Removal PLN 2009-1321PC-SR.doc Total 64 -inches 99 -inches 12 five gal trees req'd tree replacements: 43 five gal trees 54 five gal trees 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees (24") 0 box trees (24") 0 box trees (24") 12 five gal trees Remaining Mitigation 43 five gal trees 54 five gal trees 583.33 Tree Fund Payment: $ 2,133.33 $ 2,716.67 \\Cityhall\cdvlpmnt\- 09 PLNs\PLN 2009-1321 TRP San Andres Right-of-Way\Tree Removal PLN 2009-1321PC-SR.doc ITEM NUMBER: 3 DATE: 4-7-09 Atascadero Planning Commission Staff Report - Community Development Department Kelly Gleason, Senior Planner, 470-3436, kgleason@atascadero.org PLN 2009-1320 Conditional Use Permit: Paloma Mini -Market Parking Reduction 11250 Viejo Camino (Paloma Creek Mini -Market Inc.) SUBJECT: The project consists of an application for a Planning Commission reduction of the on- site parking space requirements to allow for the elimination of the existing drive-through component of the business. RECOMMENDATION: Planning Commission adopt Resolution PC 2009-0014 approving PLN 2009-1320 (Conditional Use Permit 2009-0239) based on findings and subject to Conditions of Approval. Situation and Facts 1. Property Owner: Paloma Creek Market Inc., 5599 Hollister Ave., Goleta, CA 93117-3821 2. Applicant: Albert Solmon, Paloma Creek Market, 11250 Viejo Camino, Atascadero, CA 93422 3. Project Address: 11250 Viejo Camino, Atascadero, CA 93422 (San Luis Obispo County) APN 045-342-014 4. General Plan Designation: General Commercial (GC) 5. Zoning District: Commercial Neighborhood (CN) 6. Site Area: 0.156 acres net 7. Existing Use: Mini -Market 8. Environmental Status: Exempt per CEQA section 15305 DISCUSSION: Proiect Definition The proposed project consists of a request to reduce the required number of on-site parking spaces to allow for the elimination of the drive-through portion of the business and site reconfiguration to provide accessible parking. The project would provide three (3) on-site parking spaces, five (5) less than the required eight (8) spaces per Code. Background Project Location K ANALYSIS: Surrounding Land Use and Setting: North: Multi -Family Residential South: Neighborhood Commercial East: Multi -Family Residential West: Multi -Family Residential Viejo Camino El Camino Real The required number of parking spaces for the Mini -Market use, including the elimination of the drive-through and integration of that square -footage into the total retail area square -footage, is calculated per the Atascadero Municipal Code at a ratio of 1 space per 200 square -feet plus one space per checkstand. The total square -footage of retail space as listed by the project architect is 1290 square -feet, necessitating a total of 7 parking spaces per Code and one (1) checkstand is provided for a total of eight (8) required on-site spaces. Because of the limited site area, the shape of the lot, and the access and vehicular turning movement requirements, the site as designed can only accommodate three (3) on-site parking spaces, one of which is a dedicated handicap accessible parking space. There is some street parking adjacent to the project site. Based on staff's observations, many of the Viejo Camino street parking spaces are used by residents and visitors to the adjacent multi -family apartments fronting Viejo Camino. There appears to be room for 2 or 3 vehicles to park along the EI Camino real frontage and may be additional opportunities farther south along EI Camino Real. In order to ensure that line of sight is maintained at the intersection of Viejo Camino and EI Camino Real, a condition has been added to paint the curbs red along the curve of the intersection and 20 -feet back along EI Camino Real and Viejo Camino (Condition 10). Site Plan - With the addition of a parking area and elimination of the drive-through component, the applicant is able to accommodate additional landscaping on-site and eliminate 2 driveway approaches, one of which is not permitted by current Code due to the proximity to the intersection. The existing parking area is non -conforming as a 10 -foot setback is not maintained adjacent to the parking space fronting EI Camino Real. The applicant has increased landscape opportunities throughout the site and the project has been conditioned to provide enhanced landscaping along the EI Camino Real frontage (Condition 6). Findings The Planning Commission must make the following six findings to approve the requested modification to the parking requirements. Finding six is specific to the parking adjustment whereas the first five are required for Conditional Use Permit approval. 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 General Plan and is an existing mini- market in the Commercial Neighborhood zone. Enhanced landscaping will be provided throughout the site where vehicular use areas have been eliminated. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance.) Staff Comment: The proposed use is consistent with all zoning ordinance requirements with finding six (6) for the reduction in required on-site parking. 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 use currently exists and the reconfiguration of the parking areas will not be detrimental to the public'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 reconfiguration of the parking will not create consistency issues with 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 reconfiguration. No additional traffic will be generated by the parking lot 6. The characteristics of a use or its immediate vicinity do not necessitate the number of parking spaces, type of design, or improvements required by this title and that reduced parking will be adequate to accommodate on the site all parking needs generated by the use. Staff Comment: The project site will allow for on -street parking along EI Camino Real. However, street parking is limited along Viejo Camino due to the adjacent residential uses and overflow parking for these uses. The existing use is considered a high turn -over use as it relates to parking, meaning that patrons do not stay long at the location. This use characteristic will minimize overlapping parking demand except during peak hours. Environmental Determination The proposed parking amendments are exempt per CEQA Section 15305: Minor modifications to land -use limitations. Conclusion The proposed project is a request for a reduction in the number of on-site parking spaces required for an existing Mini -Market use. The business currently operates as a drive-through facility but the applicant is interested in eliminating the drive-through component, which requires reconfiguration of the site for alternative vehicular circulation and requires the construction of additional on-site parking spaces. Based on existing site limitation, the maximum number of spaces that can be accommodated on-site is three (3). The number required by code is eight (8). 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 use would be allowed to exist without modification to the drive-through portion of the business. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Kelly Gleason, Senior Planner ATTACHMENTS: Attachment 1: Location Map, General Plan, and Zoning Attachment 2: Draft Resolution PC 2009-0014 Attachment 1: Location Map, General Plan and Zoning Zoninj4: CN (Commercial Neighborhood) General Plan Designation: GC (General Commercial) ATTACHMENT 2: Draft Resolution PC 2009-0014 DRAFT RESOLUTION PC 2009-0014 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2009-1320, A CUP TO REQUEST FOR A PARKING REDUCTION LOCATED AT 11250 VIEJO CAMINO APN 045-342-014 (Paloma Creek Market, Inc.) WHEREAS, an application has been received from Paloma Creek Market, Inc, 5599 Hollister Ave., Goleta, CA 93117 (Property Owner) and Paloma Creek Market, 11250 Viejo Camino, Atascadero, CA 93422, (Applicant), to consider a parking reduction for an existing business located at 11250 Viejo Camino (APN 045-342-014); and, and, WHEREAS, the site's current General Plan Designation is General Commercial (GC); WHEREAS, the site's current zoning district is Commercial Neighborhood (CN); and, WHEREAS, modifications to the parking standards is permitted through Conditional Use Permit approval; and, WHEREAS, the reduction in the number of parking spaces required is exempt per CEQA section 15305: minor modifications to land -use limitations; 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 April 7, 2009 studied and considered the PLN 2009-1320; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero, California, takes the following actions: SECTION 1. Findinus 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. 6. The characteristics of a use or its immediate vicinity do not necessitate the number of parking spaces, type of design, or improvements required by this title and that reduced parking will be adequate to accommodate on the site all parking needs generated by the use. SECTION 2. Approval. The Planning Commission of the City of Atascadero, California, in a regular session assembled on April 7, 2009 resolved to approve the PLN 2009-1320 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Proposed Site Plan EXHIBIT C: Floor Plans EXHIBIT D: Elevations EXHIBIT E: Landscape 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: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Sandy Jack Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program PLN 2009-1320 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning BL: Business License Services BS: Building 11250 Viejo Camino GP: Grading Permit Services PLN 2009-1320 BP: Building Permit FI: Final Inspection FD: Fire Department PD: Police TO: Temporary Department Occupancy CE: City Engineer FO: Final Occupancy WW: Wastewater FM: Final Map CA: City Attorney Planning Services 1. This Conditional Use Permit shall be for a reduction in the number of on- FM PS site parking spaces required at 11250 Viejo Camino (APN 045-342-014) regardless of owner. 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 twenty-four (24) BP/FM PS months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 5. The applicant shall defend, indemnify, and hold harmless the 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. Enhanced landscaping to include drought tolerant plants shall be Ongoing BS/FM provided within all new planter areas and along the EI Camino Real frontage. Appropriate screen plants shall be provided between the frontages and parking stalls/parking lot areas. All turf shall be eliminated and replaced with drought tolerant species and shall be irrigated with drip irrigation. Public Works Project Conditions City Engineer Standard Conditions 7. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous GP, BP CE to the property frontage on both streets. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning BL: Business License Services BS: Building 11250 Viejo Camino GP: Grading Permit Services PLN 2009-1320 BP: Building Permit FI: Final Inspection FD: Fire Department PD: Police TO: Temporary Department Occupancy CE: City Engineer F0: Final Occupancy WW: Wastewater FM: Final Map CA: City Attorney 8. All public improvements shall be constructed in conformance with the City GP, BP CE of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer 9. Alignment of frontage improvements shall be approved by the City GP, BP CE Engineer. 10. The applicant shall mark the curb red along the frontage of the property,in GP, BP CE a method approved by the City Engineer, from a point twenty (20) feet south of the curb return on EI Camino Real to a point twenty (20) feet south of the curb return on Viejo Camino to indicate no parking along this section of roadway. EXHIBIT B: Proposed Site Plan � yyy z s� C) co 0 /n I N 1 1 1/ m 6 f�•Tj� Lt- T` � �`g�il� i�t��F � � ���F�$6� 4� � 81��� z min i. Iji f :ail o s ! 4 i 7 PIAN PREPARED FOR: • .RCemECTURE • ryl I OMM J PEAL ;SL +u�i;:J, LA 9342:'1 L •;.r.,eum• 610 IOtn SVM S„!s EXHIBIT C: Floor Plans v \ Z \\\\ _71 N ` � C T �. r O O A v A. t i 5 PLAN PREPARED FOR: D ' IIII N IIII EXHIBIT D: Elevations r ❑\ o ❑ i ❑ z m -4 ❑ r m mr < m O E3D z ❑ o ti z El ❑ ❑ � 0 0 O 50m m - m- A O m r - m . D - O - z 4 ' Z° m .g •� i p €p $ D 8 D 0 ❑ ' � p O z — ❑ z cn = x — x — r 'n a 0 c 3 7 PLAN PREPARED FOR: D I, w EXHIBIT E: Landscape Plan 6G CIO I % 1 ; • 'i , P T 1 Doo*o og i 9° °I` ! m soil PLAN PREPARED FOR - T� a,