HomeMy WebLinkAboutPC_2009-05-05_AgendaPacketCITY OF ATASCADERO
PLANNING COMMISSION AGENDA
Regular Meeting
Tuesday, May 5, 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 APRIL 7, 2009.
City of Atascadero Planning Commission Agenda
COMMUNITY DEVELOPMENT STAFF REPORTS
PUBLIC HEARINGS
Regular Meeting, May 5, 2009
Page 2 of 5
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).)
2. PLN 2006-1137, AMENDMENT TO PRECISE PLAN AT 10900 VISTA ROAD
Property
Larry and Ann Mathews, 5952 Bellingham Dr., Castro Valley, CA 94552
Owner/Applicant:
Project Title:
PLN 2006-1137, Amendment to Precise Plan at 10900 Vista Road
Project Location:
10900 Vista Road, Atascadero, CA 93422
(San Luis Obispo County) APN 055-161-030
Project
On May 15, 2007, the Atascadero Planning Commission approved an Amendment to
Description:
allow the building envelope that was originally established in 1990 with Tract Map
1382, to be moved to a new location approximately 600 feet west, towards the center
of the property. The project included a 4,278 square foot single-family residence on
an existing 8.8 acre lot of record. The project plans included 3,610 cubic yards of cut
and 3,610 cubic yards of fill, with a maximum cut of 11 feet and maximum fill of 14
feet. The project included 580 lineal feet of retaining wall for a 700 foot long driveway
from Vista Road to the building site. Native trees were approved removal, including
one 38 -inch Live Oak and 9 smaller Live Oaks and Scrub Oaks ranging in size from 4
to 6 -inches. At the May 5, 2007 hearing, the Planning Commission certified the
Mitigated Negative Declaration which was circulated for the proposed project.
The applicant is currently requesting an Amendment to the original project to
eliminate the 580 -foot long retaining wall along the driveway from Vista Road to
the building site. Eliminating the retaining wall will increase the total amount of
cut and fill from 3,610 cubic yards to 5,100 cubic yards. The revised plans
identify a maximum cut of 14 feet and a maximum fill of 18 feet. The total site
disturbance is proposed to be increased from 0.95 acres to 2.0 acres. A
revegetation plan has been submitted to restore the hillside where the
additional grading is located. No changes are proposed to the residence or
septic system. The Mitigated Negative Declaration has been revised to address
the proposed changes. The document must be certified by the Planning
Commission in order to approve of the proposed changes.
General Plan Designation: RE Zoning District: RS-PD2
Proposed
The original CEQA document prepared for the project was posted from March 29, 2007
Environmental
to April 17, 2007 and certified by the Planning Commission on May 15, 2007. The 2009
Determination:
proposed Amendment to Mitigated Negative Declaration 2007-0004 is available for
public review from 4/16/09 through 5/5/09 at 6907 EI Camino Real, Community
Development Department from 8:00 a.m. to 5:00 p.m., Monday through Friday.
City of Atascadero Planning Commission Agenda Regular Meeting, May 5, 2009
Page 3 of 5
3. PLN 2007-1257, AMENDMENT TO CONDITIONAL USE PERMIT AND TREE
REMOVAL PERMIT AT RIVER PARCEL NEAR WELL #7 AND WELL #4
Property Owner/
Atascadero Mutual Water Company, PO Box 6075, Atascadero, CA 93423
Applicant:
Project Title:
PLN 2007-1257, Amendment to CUP 2007-0221 and TRP 2009-0124
Project Location:
River Parcel, Near Well #7 and Well #4 Atascadero, CA 93422
(San Luis Obispo County) APN 049-011-003
Project Description:
On May 6, 2008, the Planning Commission approved a Conditional Use Permit application
to construct three (3) water recharge ponds as part of the Atascadero Mutual Water
Company's facilities expansion. The ponds are approximately 250 feet by 440 feet in size in
a kidney bean shape. Phase 1 includes the construction of one (1) water recharge pond
requiring 22,000 cubic yards of cut. Phase 2 will be constructed only if necessary, and will
include the construction of two (2) additional water recharge ponds requiring a total of
32,850 cubic yards of cut. The ponds will be enclosed with a six-foot tall coated chain link
fence and a landscape buffer to minimize visual impacts. The excavated fill dirt will be used
to create a building pad on the same parcel for upgrades to Well #4. Excess dirt will be
stock piled at the Atascadero Mutual Water Company's property on Sycamore Road. The
original Mitigated Negative Declaration for the project was posted on 2/22/08. Comments
were received by the public and additional Mitigation Measures were incorporated by the
Planning Commission with the May 6, 2008 project approval.
An Amendment to the project is currently being proposed to (a) move Pond 1
approximately 130 feet to the west to provide a 300 -foot setback to Well #7, (b) to
remove two native Black Walnut trees (21" and 48" DBH), and (c) to amend Mitigation
Measure 5.2.d. Based on the previous subsurface archeological studies which have
produced negative results for archeological resources, the project archeologist has
recommended that additional subsurface testing is not necessary and additional
monitoring by cultural resource monitor should not be required unless prehistoric
sites are uncovered. The project archeologist shall continue to monitor all ground
work. A riparian enhancement plan has been provided for the project and a Stream
Alteration Agreement was approved by the Department of Fish and Game on 3/24/09.
General Plan Designation: Public (P) Zoning District: Residential Public (P)
Proposed
The original CEQA document prepared for the project was posted from February 22, 2008 to
Environmental
March 22, 2008 and certified by the Planning Commission on May 6, 2008. The 2009
Determination:
proposed Amendment to Mitigated Negative Declaration 2008-0004 is available for public
review from 4/6/09 through 5/5/09 at 6907 EI Camino Real, Community Development
Department from 8:00 a.m. to 5:00 p.m., Monday through Friday.
COMMISSIONER COMMENTS AND REPORTS
4. CONTINUED - DISCUSSION OF PLANNING COMMISSION MEETING
PROCEDURES
City of Atascadero Planning Commission Agenda
DIRECTOR'S REPORT
ADJOURNMENT
Regular Meeting, May 5, 2009
Page 4 of 5
The next regular meeting of the Planning Commission is scheduled for May 19, 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, May 5, 2009
Page 5 of 5
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: 5-5-09
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT MINUTES
Regular Meeting - Tuesday, April 7, 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 Sturtevant
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 Bentz and seconded by Vice Chairperson
Moreno to approve the agenda.
Motion passed 7:0 by a roll -call vote.
PUBLIC COMMENT - None.
PLANNING COMMISSION BUSINESS
CONSENT CALENDAR
Draft PC Minutes of 04/07/09
Page 1 of 4
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON MARCH 3, 2009.
Chairperson Jack stated on Page 2, paragraph 2, the word "Rules" should be
deleted. Vice Chairperson Moreno stated on page 5, the name "Reagan" should
be changed to "Vreeken" where it appears twice.
MOTION: By Commissioner Bentz and seconded by Commissioner
Schmidt to approve the Minutes of the Regular Planning
Commission Meeting on March 3, 2009, as corrected.
Motion passed 7:0 by a roll -call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS
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 Location:
San Andres Avenue between Navajoa and Santa Lucia Road, Atascadero, CA
(San Luis Obispo County)
Project Description:
A request to remove five native trees, including two Sycamores, and three Live
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
Atascadero High School.
Senior Planner Kelly Gleason gave the staff report. Senior Planner Kelly Gleason and
Deputy Public Works Director David Athey answered questions of the Planning
Commissioners.
MOTION: By Vice Chairperson Moreno and seconded by
Commissioner Bentz to 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.
Motion passed 7:0 by a roll -call vote.
Draft PC Minutes of 04/07/09
Page 2 of 4
PUBLIC HEARINGS
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 Location:
11250 Viejo Camino, Atascadero, CA 93422
APN 045-342-014 (San Luis Obispo County)
Project Description:
The project consists of a Conditional Use Permit to reduce the required number
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:
DISCLOSURE OF EX PARTE COMMUNICATIONS:
• Commissioner Colamarino visited site, but did not speak with anyone.
Senior Planner Kelly Gleason gave the staff report and answered questions of the
Planning Commissioners.
PUBLIC COMMENT:
Albert Solomon, owner of the Paloma Creek Market, Inc., stated he is asking for the
change to avoid thefts and for the safety of pedestrians walking into the store.
Chairperson Jack closed the Public Comment period.
MOTION: By Commissioner Bentz and seconded by
Commissioner Schmidt to adopt Resolution PC 2009-
0014 approving PLN 2009-1320 (Conditional Use Permit
2009-0239) based on findings and subject to Conditions
of Approval.
Discussion:
Commissioner Schmidt commended the applicant for the change as an improvement.
Chairperson Jack expressed appreciation for the applicant working with the City and
Commission. Commissioner Colamarino stated eliminating the distinction of having the
only drive-through liquor store in the County is a benefit to the City.
Motion passed 7:0 by a roll -call vote.
Draft PC Minutes of 04/07/09
Page 3 of 4
COMMISSIONER COMMENTS AND REPORTS
The Commissioners and Community Development Director Warren Frace spoke on the
recent conference which they all attended expressing their appreciation to the City for
sending them and providing an opportunity for them to not only learn a great deal, but
get to know each other as well.
Chairperson Jack
• Complimented staff on the special training sessions held after the conference
and reviewed the training.
• Asked to have a consensus of the Commissioners to put on the next agenda
procedural changes to speaker slips for large meetings and posting various rules.
After discussion, there was consensus of the Commissioners to put on
the next Planning Commission Agenda a discussion on procedural changes.
DIRECTOR'S REPORT
• Next meeting's agenda for April 21st tentatively has two General Plan
Amendments: Del Rio Specific Plan and the City is considering an access way
to Stadium Park.
• The Big Lots store at Mission Oaks has had a soft opening and will hold its
Grand Opening April 17th
• The Jack In the Box has broken ground.
• Walmart's RFP for the EIR is out for bidding and there is a pre -proposal meeting
this Thursday to answer questions. Bids are due by the end of April and the
contract will be awarded at the May 26th City Council meeting.
• The Tractor Supply Store was approved by the City Council and the second
reading of the zone change will be held at the next City Council meeting.
• The West Front project is scheduled for second reading next week. Thirty days
must elapse after second readings before any zone changes are effective.
ADJOURNMENT - 7:40 p.m.
The next regular meeting of the Planning Commission is scheduled for April 21, 2009,
at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero, CA.
MINUTES PREPARED BY:
Susanne Anshen, Recording Secretary
Draft PC Minutes of 04/07/09
Page 4 of 4
ITEM NUMBER: 2
DATE: 5-5-09
Atascadero Planning Commission
Staff Report - Community Development Department
Callie Taylor, Associate Planner, 470-3448, ctaylor@atascadero.org
Amendment to PLN 2006-1137
Removal of Retaining Wall and Revision to Grading Plan
10900 Vista Road
(Mathews)
RECOMMENDATION:
Staff Recommends:
The Planning Commission adopt Resolution PC 2009-0019, certifying proposed
amended Mitigated Negative Declaration 2007-0004 as revised, and approving an
Amendment to the project's grading plan, including removal of the retaining wall along
the driveway, based on findings and subject to conditions.
SUMMARY:
On May 15, 2007, the Atascadero Planning Commission certified the Mitigated Negative
Declaration 2007-0004 and approved an Amendment to Tract Map 1382 which allowed
the original building envelope to be moved to a new location approximately 600 feet
west, towards the center of the residential property. A retaining wall of 580 lineal feet
was approved to limit the grading required for the 700 foot -long driveway from Vista
Road to the building site.
The applicant is currently requesting an Amendment to the original project to eliminate
the 580 foot -long retaining wall along the driveway. Eliminating the retaining wall will
increase the total amount of cut and fill from 3,610 cubic yards to 5,100 cubic yards.
The revised plans identify a maximum cut of 14 feet and a maximum fill of 18 feet
(increased from 11 feet of cut and 14 feet of fill). The total site disturbance is proposed
to be increased from 0.95 acres to 2.0 acres. A revegetation plan has been submitted
to restore the hillside where the additional grading is located. The Mitigated Negative
Declaration has been revised to address the proposed changes. The document must
be certified by the Planning Commission in order to approve the proposed changes.
ITEM NUMBER: 2
DATE: 5-5-09
SITUATION AND FACTS:
1. Applicant/Owners: Larry and Ann Mathews, 5952 Bellingham Dr.
Castro Valley, CA 94552
2. Project Address: 10900 Vista Road, Atascadero, CA 93422
APN: 055-161-030
3. General Plan Designation: Rural Estate
4. Zoning District:
5. Site Area:
6. Existing Use:
7. Environmental Status
DISCUSSION:
Residential Suburban — Planned Development 2
8.8 acres
Single-family residence currently under construction
Proposed Amendment to
Mitigated Negative Declaration 2007-0004
Surrounding Land -Use and Setting
North: Residential Suburban — Planned Development 2 Overlay South: Residential Suburban
East: Residential Suburban — Planned Development 2 Overlay West: Residential Suburban
The property is located on Lot 14 of Tract 1382, in a Planned Development #2 Overlay
Zone. The site is accessed from Vista Road and is located between San Marcos Road
and Highway 41.
ITEM NUMBER: 2
DATE: 5-5-09
Background
Tentative Tract Map 1982-0013 was approved in 1990 as a Planned Development #2
Overlay. The Tract Map and Planned Development Overlay requires that lots be
established with consideration for physical features and site characteristics. Building
envelopes were included with the original 1990 map approval in order to identify suitable
building sites on the steeply sloped terrain of the area.
On May 15, 2007, the Atascadero Planning Commission approved an Amendment
submitted by the applicant to allow the building envelope that was originally
established in 1990 with Tract Map 1382, to be moved to a new location
approximately 600 feet west, towards the center of the property. The project included
a 4,278 square -foot single-family residence, including the garage. The project was
approved with 3,610 cubic yards of cut and 3,610 cubic yards of fill, with a maximum
cut of 11 feet and maximum fill of 14 feet. The project included 580 lineal feet of
retaining wall for a 700 foot -long driveway from Vista Road to the building site.
The driveway was approved to cross a drainage swale which required 163 lineal feet of
24 -inch HDPE storm drain. Grading and fill were necessary around the drainage swale,
and required the removal of one 38 -inch Live Oak. Nine smaller Live Oaks and Scrub
Oaks ranging in size from 4 to 6 -inches were approved for removal. The project was
conditioned to include a landscape plan with drought tolerant native species and an
irrigation system in order to revegetate the drainage swale and disturbed slopes
(Mitigation 6.b.2). At the May 15, 2007 hearing, the Planning Commission certified the
Mitigated Negative Declaration which was circulated for the proposed project.
Building location
approved by Planning
Commission 2007
f ■ •� Original Building
Envelope approved with
TTM 1982-0013 in 1990
d
ITEM NUMBER: 2
DATE: 5-5-09
Building permits for the single-family residence and driveway were issued in
September of 2007. A rough graded road to the building site had been previously
installed in early 2007 to do soils testing at the building site prior to issuance of
permits. When construction of the approved driveway began, it became apparent
that the unpermitted rough graded road was not in the same location as the approved
road. The rough graded road was located higher on the hillside, above the driveway.
Currently, construction of the residence is near completion. The driveway to the
residence has been graded, however, the retaining wall along the driveway which
was originally identified has not been installed. Erosion control has been put in place
on the hillside. The landscape per the revegetation plan has not yet been installed.
Analysis
The applicant is currently requesting an Amendment to the originally approved project in
order to eliminate the 580 foot -long retaining wall along the driveway from Vista Road to
the building site. Eliminating the retaining wall will increase the total amount of cut and
fill from 3,610 cubic yards to 5,100 cubic yards. The revised plans identify a maximum
cut of 14 feet and a maximum fill of 18 feet (compared to the previously approved 11
foot cut and 14 foot fill). The total site disturbance is proposed to be increased from
0.95 acres to 2.0 acres.
Earthwork Quantities (Original vs. Proposed)
Cut: 3610 G. 5,100 C.Y.
Fill: 3610 G. 5,100 C.Y.
Max Cut: i 1 t. 14ft.
Max Fill: 14 ft. 18ft.
Total Site Disturbance: 0.9owes 2.0 Acres
The grading plan, which was originally analyzed in the 2007 CEQA document and
approved for construction, and the proposed grading plan are included below for
comparison. A color copy of the grading plan has also been submitted (included in
Commissioner packets) which shows an overlay comparison between the as -built
grading, the originally permitted grading plan, and the grading limits proposed with this
Amendment. The previously rough graded road which was done prior to issuance of
permits is also shown. The proposed grading plan identifies this area with proposed
grading to blend the cut into the hillside above.
The revised plans propose cut slopes at a 1.5:1 ratio (horizontal: vertical), which
exceeds the standard 2:1 slope allowance by the Atascadero Municipal Code. The
Public Works Department can allow slopes in excess of 2:1 if a geotechnical engineer
certifies that the slopes will be stable. A Slope Stability Evaluation was prepared by
GeoSolutions to address the slopes proposed in the revised grading plan. The slope
stability evaluation states that based on the soils in the area, a 1.5:1 slope is adequate
and should be allowed. Mitigation Measures have been included in the amended
Mitigated Negative Declaration to address the revised slopes. Some minor grading will
ITEM NUMBER: 2
DATE: 5-5-09
be required to bring the as -built grades into compliance with the proposed grading plan
in order to meet maximum slopes recommended by GeoSolutions. All grading shall be
completed in conformance with the Slope Stability Evaluation and certified prior to
project final. A Strom Water Pollution Prevention Plan is required prior to issuance of
the revised grading plan because the area of disturbance has been increased and is
now over one acre.
i
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Grading Plan approved by Planning Commission May 2007
(includes 580 foot -long retaining wall to minimize area of disturbance)
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ITEM NUMBER: 2
DATE: 5-5-09
A revised landscape and revegetation plan has been submitted to restore the hillside
where the additional grading is located. Plantings are proposed at a ratio of 1 plant per
150 sq. ft. The original revegetation plan issued in September of 2007, identified
plantings at a ratio of 1 plant per 72 sq. ft. The overall planting ratio has been reduced
due to the area of plantings has being significantly increased. The retaining wall which
was originally identified along the driveway limited the grading on the hillside. Based on
the revised grading plan, site restoration is necessary above the driveway where the
grade will blend into the natural slope, as well as above and below the building pad and
septic system where additional grading was done. All disturbed areas shall be restored
with native seed mix and drought tolerant plants to stabilize the slopes and replace the
native vegetation which was removed. (Mitigation Measures 6.b.1 and 6.b.2).
Revised Revegetation Plan
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No changes are proposed to the originally approved residence or septic system. No
additional trees are required to be removed for the revised grading plan.
ITEM NUMBER: 2
DATE: 5-5-09
Proposed Environmental Determination
The original CEQA document prepared for the project was posted from March 29, 2007
to April 17, 2007, and certified by the Planning Commission on May 15, 2007. This
Mitigated Negative Declaration analyzed impacts for a project which included 3610
cubic yards of cut and fill and less than one acre of disturbance. The originally
approved retaining wall along the driveway limited the impact to the site.
As the proposed grading and retaining wall revisions represent a significant increase to
the earthwork qualities in the project, a revision to the CEQA document is required. The
project must be consistent with the CEQA analysis. The Mitigated Negative Declaration
has been revised to address the proposed changes to the grading plan. Proposed
amended Mitigated Negative Declaration 2007-0004 has been prepared for the project
in accordance with the requirements of CEQA. The amended document is available for
public review from April 16, 2009 through May 5, 2009.
Mitigation Measures 6.b.3 and 6.c.d.2 have been added in the revised Mitigated
Negative Declaration to address the proposed changes to the grading plan.
Mitigation Measure 6.b.3: Applicant shall install and maintain erosion control best
management practices in conformance with the project Storm Water Pollution Prevention
Plan (SWPPP) prior to and during construction activities. All final erosion control
measures shall be installed prior to final acceptance.
Mitigation Measure 6.c.d.2: All grading shall be completed in conformance with the Slope
Stability Evaluation dated 03/02/09 and certified by the project soils engineer prior to final
acceptance.
Since the original document was certified by the Planning Commission, the amended
document must also be certified by the Planning Commission in order to approve the
proposed changes and issue an addendum to the building permit.
CONCLUSION:
The subject project was originally approved by Planning Commission in May of 2007 in
order to build a single-family residence toward the center of Lot 14, rather than in the
building envelope which was approved in 1990 with Tract 1382. The applicant is
currently requesting an Amendment to the 2007 approval to eliminate the 580 foot -long
retaining wall along the driveway from Vista Road to the project site. Eliminating the
retaining wall will increase the total amount of cut and fill from 3,610 cubic yards to
5,100 cubic yards. The total site disturbance is proposed to be increased from 0.95
acres to 2.0 acres. A revegetation plan has been submitted to restore the hillside where
the additional grading is located. The Mitigated Negative Declaration has been revised
to address the proposed changes. The document must be certified by the Planning
Commission in order to approve the proposed changes.
The proposed Amendment, as conditioned, is consistent with the 2002 General Plan
and Zoning Ordinance. Staff recommends the Planning Commission certify the revised
ITEM NUMBER: 2
DATE: 5-5-09
Mitigated Negative Declaration and approve the Amendment to the grading plan and as
conditioned.
ALTERNATIVES:
1. The Commission may modify the project and/or conditions of approval for the
project.
2. The Commission may determine that more information is needed on some
aspect of the project and may refer the item back to the applicant and staff to
develop the additional information. The Commission should clearly state the type
of information that is required and move to continue the item to a future date.
3. The Commission may deny the project. The Commission should specify the
reasons for denial of the project and recommend an associated finding with such
action.
ATTACHMENTS:
Attachment 1: Location Map (General Plan & Zoning)
Attachment 2: Aerial Photo
Attachment 3: Draft Resolution PC 2009-0019
ITEM NUMBER
DATE: 5-5-09
ATTACHMENT 1: Location Map (General Plan / Zoning)
10900 Vista Road
Zone: Residential Suburban —
Planned Development Overlay No. 2
Land Use Designation: Rural Estate
ATTACHMENT 2: Aerial Photo of Site (2007 photo)
t
" ft,
ITEM NUMBER: 2
DATE: 5-5-09
lllllllhJMMK1�, It N\
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Road graded prior to
permits; identified on
color copy grading plan
,f
t Building
envelope
approved May `
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ITEM NUMBER: 2
DATE: 5-5-09
ATTACHMENT 3: Draft Resolution PC 2009-0019
Amendment to PLN 2006-1137
DRAFT RESOLUTION PC 2009-0019
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO CERTIFYING MITIGATED NEGATIVE
DECLARATION 2007-0004 AND
APPROVING AN AMENDMENT to PLN 2006-1137
10900 Vista Road
(Mathews)
WHEREAS, an application was received from Larry and Ann Mathews, 5952
Bellingham Dr., Castro Valley, CA 94552 (Property Owner and Applicant), to consider an
Amendment to PLN 2006-1137, which includes elimination of the retaining wall along the
driveway and a revised grading plan at APN 055-161-030; and,
WHEREAS, a proposed Mitigated Negative Declaration was prepared for the amended
project in accordance with the requirements of the California Environmental Quality Act
(CEQA); and,
WHEREAS, the site's current General Plan Designation is Rural Estate (RE); and,
WHEREAS, the site's current zoning district is RS-PD2 (Residential Suburban with a
Planned Development #2 Overlay); and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Amendment
application was held by the Planning Commission of the City of Atascadero on May 5, 2009, at
which both oral and documentary evidence was admitted on behalf of said project; and,
NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Findings for certification of proposed Mitigated Negative Declaration
Amendment
1. The Proposed Mitigated Negative Declaration has been completed in compliance
with CEQA; and,
2. The Proposed Mitigated Negative Declaration was presented to the Planning
Commission, and the information contained therein was considered by the
Planning Commission, prior to recommending action on the project for which it
was prepared; and,
ITEM NUMBER: 2
DATE: 5-5-09
3. The project does not have the potential to degrade the environment when
mitigation measures are incorporated into the project.
4. The project will not achieve short-term to the disadvantage of long-term
environmental goals.
5. The project does not have impacts which are individually limited, but
cumulatively considerable.
6. The project will not cause substantial adverse effects on human beings either
directly or indirectly.
SECTION 2. Findings for approval of amendment to 2radin2 plan and increase of
area of disturbance (Amendment to building envelope of Tract Map 1382)
The Planning Commission finds as follows:
1. The proposed amendment, as conditioned, is consistent with the General Plan and
applicable zoning requirements; and,
2. The site is physically suitable for the development proposed; and,
3. The design and improvement of the proposed building site will not cause
substantial environmental damage or substantially and unavoidably injure fish
and wildlife or their habitat; and,
4. The amendment is consistent with the character of the immediate neighborhood;
and,
5. The proposed amendment and type of improvements proposed will not cause
serious public health problems.
SECTION 3. Approval The Planning Commission of the City of Atascadero, in a
regular session assembled on May 5, 2009 resolved to approve an amendment to the to the
grading plan and an increase in the of area of disturbance subject to the following:
EXHIBIT A:
Proposed Amended Mitigated Negative Declaration 2007-0004
EXHIBIT B:
Conditions of Approval
EXHIBIT C:
Site Plan
EXHIBIT D:
Revised Grading Plans
EXHIBIT E:
Revised Revegetation Plan
ITEM NUMBER
DATE: 5-5-09
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: ( )
O•' D
ABSTAINED:
CITY OF ATASCADERO, CA
Sandy Jack
Planning Commission Chairperson
ATTEST:
Warren M. Frace
Planning Commission Secretary
ITEM NUMBER
DATE: 5-5-09
EXHIBIT A: Proposed Mitigated Negative Declaration 2007-0004 Amendment
PLN 2006-1137
See following
ITEM NUMBER
DATE: 5-5-09
EXHIBIT B: Conditions of Approval / Mitigation Monitoring
PLN 2006-1137
Conditions of Approval
Timing
Responsibility/
Mitigation
PLN 2006-1137
Monitoring
Measure
FM: Final Map
PS: Planning Services
10900 Vista Road
BL: Business License
GP: Grading Permit
BS: Building Services
FD: Fire Department
BP: Building Permit
PD: Police Department
FI: Final Inspection
CE: City Engineer
TO: Temporary
WW: Wastewater
Occupancy
CA: City Attorney
F0: Final Occupancy
Planning Conditions
1. The approval of this application shall become final, subject to
FM
PS
the completion of the conditions of approval, fourteen (14)
days following the Planning Commission approval unless prior
to that time, an appeal to the decision is filed as set forth in
Section 9-1.111(b) of the Zoning Ordinance.
2. The Community Development Department shall have the
FM
PS
authority to approve minor 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 Tract Map.
3. The applicant shall defend, indemnify, and hold harmless the
Ongoing
CA
City of Atascadero or its agents, officers, and employees
against any claim or action brought to challenge on approval
by the City, or any of its entities, concerning the amendment.
4. The building envelope on lot 14 of Tract 1382 shall be
GP/BP
PS
relocated to encompass all structures and grading as shown in
Exhibits C and D.
5. All conditions of Tentative Tract Map 1982-0013 shall be
GP/BP
PS
adhered to with the exception of the revised building envelope
location on Lot 14.
6. The revised building envelope shall encompass all building
GP/BP
PS
footprints and building pad grading as shown in Exhibits C and
D. A copy of the approved building envelope shall be kept on
file with Community Development Department with the
previously approved Tract 1382 building site attachments.
7. Permits or letters stating no impact shall be obtained
GP/BP
PS
from Fish and Game prior to building permit issuance
8. Fines shall be assessed for the grading done on-site
GP/BP
PS/BS
without a permit prior to May of 2007. Permit fees for the
driveway shall be doubled according to the investigation
fee stated in the building code. The entire SFR permit fee
will not be doubled; only the permit fee for the driveway
portion of the permit will be doubled.
Mitigation Measures
ITEM NUMBER
DATE: 5-5-09
Conditions of Approval
PLN 2006-1137
10900 Vista Road
Timing
FM: Final Map
BL: Business License
GP: Grading Permit
BP: Building Permit
Fl: Final Inspection
TO: Temporary
Occupancy
F0: Final Occupancy
Responsibility/
Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
GP/BP
PS
3.b.1
Mitigation Measure 3.b.1: The project shall be conditioned to comply
with all applicable District regulations pertaining to the control of
fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the
April 2003 Air Quality Handbook.
Section 6.3: Construction Equipment
• Maintain all construction equipment in proper tune
according to manufacturer's specifications.
• Fuel all off-road and portable diesel powered equipment,
including but not limited to bulldozers, graders, cranes,
loaders, scrapers, backhoes, generator sets, compressors,
auxiliary power units, with ARB certified motor vehicle
diesel fuel (Non -taxed version suitable for use off-road).
• Maximize to the extent feasible, the use of diesel
construction equipment meeting the ARB's 1996 or newer
certification standard for off-road heavy-duty diesel
engines.
Section 6.4: Activity Management Techniques
• Develop a comprehensive construction activity
management plan designed to minimize the amount of
large construction equipment operating during any given
time period.
• Schedule of construction truck trips during non -peak hours
to reduce peak hour emissions.
• Limit the length of the construction workday period, if
necessary.
• Phase construction activities, if appropriate.
Section 6.5: Fugitive PM10
All of the following measures shall be included on grading,
demolition and building plan notes:
A. Reduce the amount of the disturbed area where possible.
B. Use of water trucks or sprinkler systems in sufficient quantities
to prevent airborne dust from leaving the site. Increased
watering frequency would be required whenever wind speeds
exceed 15 mph. Reclaimed (non -potable) water should be used
whenever possible.
C. All dirt stockpile areas should be sprayed daily as needed.
D. Permanent dust control measures identified in the approved
project re -vegetation and landscape plans should be
implemented as soon as possible following completion of any
soil disturbing activities.
E. Exposed ground areas that are planned to be reworked at dates
greater than one month after initial grading should be sown with
a fast -germinating native grass seed and watered until
vegetation is established.
F. All disturbed soil areas not subject to re -vegetation should be
stabilized using approved chemical soil binder, jute netting, or
other methods approved in advance by the APCD.
G. All roadways, driveways, sidewalks, etc, to be paved should be
complete as soon as possible. In addition, building pads should
be laid as soon as possible after grading unless seeding or soil
ITEM NUMBER
DATE: 5-5-09
Conditions of Approval
Timing
Responsibility/
Mitigation
PLN 2006-1137
Monitoring
Measure
FM: Final Map
PS: Planning Services
10900 Vista Road
BL: Business License
BS: Building Services
GP: Grading Permit
FD: Fire Department
BP: Building Permit
PD: Police Department
Fl: Final Inspection
CE: City Engineer
TO: Temporary
WW: Wastewater
Occupancy
CA: City Attorney
F0: Final Occupancy
binders are used.
H. Vehicle speed for all construction vehicles shall not exceed 15
mph on any unpaved surface at the construction site.
I. All trucks hauling dirt, sand, soil, or other loose materials are to
be covered or should maintain at least two feet of freeboard
(minimum vertical distance between top of load and top of
trailer) in accordance with CVC Section 23114.
J. Install wheel washers where vehicles enter and exit unpaved
roads onto streets, or wash off trucks and equipment leaving the
site.
K. Sweep streets at the end of each day if visible soil material is
carried onto adjacent paved roads. Water sweepers with
reclaimed water should be used where feasible.
The contractor or builder shall designate a person or persons to
monitor the dust control program and to order increased watering, as
necessary, to prevent transport of dust off site. The name and
telephone number of such persons shall be provided to the APCD
prior to land use clearance for map recordation and land use
clearance for finish grading of any structure.
Mitigation Measure 4.e.1: All tree removals shall be mitigated
BP/GP
PS
4.e.1
according to the Atascadero Native Tree Ordinance through either
replanting of similar species or payment into the tree mitigation fund.
Mitigation Measure 4.e.2: The Grading Plan/Tree Protection Plan
BP/GP
PS
4.e.2
shall identify tree protection fencing around the drip line of each
existing on-site tree and/or native shrub mass within 20 feet of
construction activity unless monitored and approved by a certified
arborist.
Mitigation Measure 4.e.3: Excavation and grading work shall be
BP/GP
PS
4.e.3
consistent with the City of Atascadero Tree Ordinance. Special
precautions when working around native trees include:
1. All existing trees outside of the limits of work shall remain.
2. Earthwork shall not exceed the limits of the project area.
3. Low branches in danger of being torn from trees shall be
pruned prior to any heavy equipment work being done.
4. Vehicles and stockpiled material shall be stored outside the
dripline of all trees.
5. All trees within the area of work shall be fenced for
protection with 4 -foot chain link, snow or safety fencing
placed per the approved tree protection plan. Tree
protection fencing shall be in place prior to any site
excavation or grading. Fencing shall remain in place until
completion of all construction activities.
6. Any roots that are encountered during excavation shall be
clean cut by hand and sealed with an approved tree seal
Mitigation Measure 6.b.1: All cut and fill slopes shall be hydro
6.b.1
seeded with an appropriate erosion control method (erosion control
blanket, hydro -mulch, or straw mulch appropriately anchored)
immediately after completion of earthwork between the months of
October 15 through April 15. All disturbed slopes shall have
appropriate erosion control methods in place. Duration of the
ITEM NUMBER
DATE: 5-5-09
Conditions of Approval
Timing
Responsibility/
Mitigation
PLN 2006-1137
Monitoring
Measure
FM: Final Map
PS: Planning Services
10900 Vista Road
BL: Business License
BS: Building Services
GP: Grading Permit
FD: Fire Department
BP: Building Permit
PD: Police Department
Fl: Final Inspection
CE: City Engineer
TO: Temporary
WW: Wastewater
Occupancy
CA: City Attorney
F0: Final Occupancy
project: The contractor will be responsible for the clean up of any
mud or debris that is tracked onto public streets by construction
vehicles.
Mitigation Measure 6.b.2: All disturbed slopes shall be planted with
BP
BS/PS
6.b.2
a mixture of drought tolerant native plants and hydro seeded with a
native seed mix. Erosion control measures shall include an erosion
control blanket for all 2:1 fill slopes. Affected areas that previously
contained native shrubs and vegetation shall be replanted with
similar plant species per the approved landscape plan. A landscape
and irrigation plan shall be required with building permits. The plan
shall show temporary irrigation drip system to water the new
landscape for a minimum of 3 years.
Mitigation Measure 6.b.3: Applicant shall install and maintain
GP, BP
CE
6.b.3
erosion control best management practices in conformance
with the project Storm Water Pollution Prevention Plan
(SWPPP) prior to and during construction activities. All final
erosion control measures shall be installed prior to final
acceptance.
Mitigation Measure 6.c.d.1: A soils report shall be required to be
BP
BS/PS
6.c.d.1
submitted with a building permit by the building department. The
building plans will be required to follow the recommendations of the
soils report to assure safety for residents and buildings. The property
contains no unusual geological formations.
Mitigation Measure 6.c.d.2: All grading shall be completed in
GP, BP
CE
6.c.d.2
conformance with the Slope Stability Evaluation dated 03/02/09
and certified by the project soils engineer prior to final
acceptance.
Mitigation Measure 11.d.1: All construction activities shall comply
BP
BS
11.d.1
with the City of Atascadero Noise Ordinance for hours of operation.
Mitigation Measure 13.a.1: Fire sprinklers shall be included with the
BP
BS/PS
13.a.1
construction of the residence.
ITEM NUMBER: 2
DATE: 5-5-09
EXHIBIT C: Site Plan
1�
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ITEM NUMBER
DATE: 5-5-09
EXHIBIT D: Revised Grading Plan Grading Plan (sheet 1- entire site & earthwork quantities)
EXHIBIT D: Revised Grading Plan Grading Plan (sheet 2- detail)
ITEM NUMBER: 2
DATE: 5-5-09
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ITEM NUMBER: 2
DATE: 5-5-09
:XHIBIT D: Revised Grading Plan Grading Plan (sheet 3- detail)
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EXHIBIT E: Revegetation Plan
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DATE: 5-5-09
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ITEM NUMBER: 2
DATE: 5-5-09
ITEM NUMBER: 3
DATE: 5-5-09
Atascadero Planning Commission
Staff Report - Community Development Department
Callie Taylor, Associate Planner, 470-3448, ctaylor@atascadero.org
Amendment to PLN 2007-1257
Recharge Ponds
Conditional Use Permit 2007-0221 Amendment
River Parcel, APN 049-011-003
(Atascadero Mutual Water Company)
RECOMMENDATION:
Staff Recommends:
The Planning Commission adopt Resolution PC 2009-0018, certifying proposed
amended Mitigated Negative Declaration 2008-0004, and approving an Amendment to
Conditional Use Permit 2007-0221 (PLN 2007-1257) based on findings and subject to
conditions of approval.
SUMMARY:
On May 6, 2008, the Planning Commission approved a Conditional Use Permit
application to allow the construction of three (3) water recharge ponds as part of the
Atascadero Mutual Water Company's facilities expansion. The project was approved as
a phased project with each pond to be constructed as necessary.
An Amendment to the project is currently being proposed with the following
modifications:
(a) Move Pond 1 approximately 130 feet to the west to provide a 300 -foot
setback to Well #7 to meet Health Department requirements;
(b) Remove two native Black Walnut trees (21" and 48" DBH);
(c) Amend Mitigation Measure 5.2.d to state that additional subsurface testing is
not required and additional monitoring by a cultural resource monitor should
not be required unless prehistoric sites are uncovered. The project
archeologist shall continue to monitor all ground work.
ITEM NUMBER: 3
DATE: 5-5-09
SITUATION AND FACTS:
1. Property Owner/Applicant: Atascadero Mutual Water Company, PO Box 6075,
Atascadero, CA 93423
2. Project Address: Salinas River Parcel, Near Well #7
Atascadero, CA 93422
(San Luis Obispo County) APN 049-011-003
*** Access is by the De Anza trail. Vehicle access gates to the
site may be locked. Contact staff or applicant to visit site.
3. General Plan Designation: Public (P)
4. Zoning District: Public (P)
5. Site Area: Parcel size: 97.56 acres
Total Area of disturbance: 1.6 acres for each of the
three recharge ponds plus fill areas
6. Existing Use: Water wells and vacant land
7. Environmental Status: Proposed Amended Mitigated Negative Declaration
#2008-0004
DISCUSSION:
Surrounding Land -Use and Setting
North: Salinas River
South: RSF-Y & Public
West: RSF-Y & PD Overlay #14 (The Lakes Development)
East: Salinas River
The site is located on the Salinas River Parcel, near the Lakes Development. The site
contains several wells throughout the property. The recharge ponds are proposed to be
located near well #7. The location for the fill area is at well #4. The site can be
accessed from the De Anza Trail behind the Lakes Development. There is a De Anza
Trail access point off of Sycamore Road. Please contact staff or applicant to visit the
site, as vehicle access gates to the site and the De Anza Trail may be locked.
ITEM NUMBER: 3
DATE: 5-5-09
Background
On May 6, 2008, the Planning Commission approved a Conditional Use Permit to allow
the construction of three (3) water recharge ponds as part of the Atascadero Mutual
Water Company's facilities expansion. The ponds are approximately 250 feet by 440
feet in size in a kidney bean shape. Phase 1 includes the construction of one (1) water
recharge pond requiring 22,000 cubic yards of cut. Phase 2 will be constructed only if
necessary, and will include the construction of two (2) additional water recharge ponds
requiring a total of 32,850 cubic yards of cut. The excavated fill dirt will be used to
create a building pad on the same parcel for upgrades to Well #4. Excess dirt will be
stockpiled at the Atascadero Mutual Water Company's property on Sycamore Road.
The original Mitigated Negative Declaration for the project was posted on February 22,
2008. Comments were received by the public and additional Mitigation Measures were
incorporated by the Planning Commission with the May 6, 2008 project approval.
ITEM NUMBER: 3
DATE: 5-5-09
Site Plan approved by Planning Commission May 2008
°
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Grading
detail of fill
area for
upgrades to
well #4 !
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TOTAL APPRO%MATE
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Fill dirt to be
used near
well #4
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ponds approved
near well #7
Lakes SP E rYVELLI%
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As a participant in the Nacimiento Water Project, the Atascadero Mutual Water
Company (AMWC) will be receiving 2,000 ac-ft/year under an agreement with the
County of San Luis Obispo. The Nacimiento Water Project will deliver raw surface
water to AMWC from Nacimiento Lake, which will be discharged into the recharge
ponds which were permitted with Conditional Use Permit 2007-0221. Each of the three
approved ponds is approximately 1.6 acres in size. The ponds are surrounded by the
Atascadero Mutual Water Company's existing wells. Water is pumped to the recharge
ponds, which filter the water. The water is then recollected by the surrounding wells at
a capture rate estimated at 90%+. The water will be disinfected with chlorine at a
treatment building before it enters AMWC's water distribution system. The ponds will be
used over a 4 to 6 month period during the summer months. Water deliveries are
expected to begin in the Fall of 2010.
During the permitting process, the AMWC discovered that the Health Department
requires a minimum setback of 300 feet from the recharge pond to the nearest well.
The pond must be situated at a sufficient distance from the wells to allow the sands and
ITEM NUMBER: 3
DATE: 5-5-09
gravels of the Salinas River alluvium to treat the water to standards acceptable to the
Department of Public Health. In order to meet the minimum setback between well #7
and Pond 1, the applicant is proposing to move Pond 1 approximately 130 feet to the
west to provide a 300 -foot setback. The pond is approximately 250 feet by 440 feet in
size, as originally approved. It is designed as a kidney bean shape, and will be
enclosed with a six-foot tall vinyl -coated chain link fence, surrounded by landscaping, as
approved with Conditional Use Permit 2007-0221. The only change to the pond is the
proposed location to meet Health Department requirements.
Proposed location of Pond 1: 300' setback to Well 7
Salinas RiverWELL 7
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Tree Removals
Two native Black Walnut trees at 21" and 48" DBH are proposed to be removed for the
relocation of recharge pond 1. Due to the large 1.6 acre size of the recharge ponds, the
ponds can not be reasonably designed to avoid the trees and still meet the required
setbacks. A Tree Removal Permit (TRP 2009-0124) has been submitted by the
applicant to remove the two Black Walnut trees.
Conditions have been included in the attached resolution to mitigate the two proposed
tree removals. The Atascadero Native Tree Ordinance allows replanting of native trees
ITEM NUMBER: 3
DATE: 5-5-09
on-site with new 5 -gallon plants, or payment into the tree fund. The applicant has
submitted a riparian enhancement plan which includes planting 1 -gallon native trees of
varied species per the project biologist's recommendations. Staff is recommending that
the Planning Commission allow the 1 -gallon trees to be counted towards mitigation of
the removed trees at ration of two 1 -gallon trees for one required 5 -gallon tree. The
riparian enhancement plan identifies 30 new 1 -gallon native trees and 6 new 5 -gallon
trees to be planted on-site. Staff recommends that the thirty, 1 -gallon trees be
considered equal to fifteen, 5 -gallon trees in addition to the 6 proposed 5 -gallon trees
for mitigation purposes. The remaining mitigation shall be made as a payment of
$1,250.00 to the tree fund.
Evergreen Native Trees (inches) Deciduous Native Trees (inches) I Totals
dbh
notes
dbh
notes
1
1 21 -inches
2
2 48 -inches
3
3
4
4
5
5
6
6
Tota I 0 -inches
Total 69 -inches
69 -inches
Mitigation Requirement
req'd tree replacements:
0 five gal trees
req'd tree replacements:
46 five gal trees
46 five gal trees
Proposed Replanting
0 five gal trees
Proposed Replanting
0 five gal trees
0 five gal trees
0 box trees (24")
0 box trees (24")
0 box trees (24")
Remaining Mitigation
0 five gal trees
Remaining Mitigation
46 five gal trees
46 five gal trees
or
of
Tree Fund Payment: $
Tree Fund Payment: $
2,300.00
$ 2,300.00
One additional tree, a 42 -inch DHB Sycamore is located near Pond 1 and will be
impacted by the construction but will not require removal. Grading is proposed up to ten
feet from the trunk of the Sycamore tree. The project arborist shall be on site to monitor
grading within the drip line of this tree to ensure the health of the tree during
construction.
Landscape / Riparian Enhancement Plan
A landscape plan was approved with the original project in May of 2008 in order to
address any visual impacts of the project. The ponds must be fenced for safety
purposes; all fencing shall be vinyl -coated in either green or brown color in order to
blend with the surrounding environment (Mitigation Measure 1.c.1). Landscaping was
required along the fence side which faces the residences and the De Anza Trail. The
applicant has submitted an updated landscape and riparian enhancement plan,
approved by the project biologist and the Department of Fish and Game.
ITEM NUMBER: 3
DATE: 5-5-09
Landscape/ Riparian Enhancement Plan Approved by Biologist & DFG
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A biologist report has been completed for the project and is available for review in the
project file at the Community Development Department. Several mitigation measures
regarding the native landscape and habitat were included in the original project approval
and CEQA document and will remain in effect with this Amendment. A Stream
Alteration Agreement was approved for the project by the Department of Fish and
Game on March 24, 2009.
Archeoloaical Studies
During the public review period for the original Mitigated Negative Declaration done in
February of 2008, comments were received from the Northern Chumash Tribal Council
and the Salinan Tribe. Both groups stated that additional subsurface testing should be
completed in addition to the Phase 1 testing in order to reduce the chance of any
cultural resource impacts. In addition, the Salinan Tribe requested that a cultural
resource specialist be on-site during all ground disturbances, and that no cultural soils
be removed from the project site. City staff and the Planning Commission added
Mitigation Measures 5.d.2, 5.d.3, and 5.d.4 to address these comments.
Subsurface Phase 2 testing was done on October 12, 2008, in accordance with the
requirements of Mitigation Measure 5.d.2. Nine test trenches were dug to the bottom
depth of the pond (1.5 meters) for the subsurface testing. The test trenches were done
in the original location of Pond 1. The subsurface testing produced negative results for
the presence of cultural resources. The project archeologist has included
recommendations in the Phase 2 report and the attached letters (Attachment 4). The
ITEM NUMBER: 3
DATE: 5-5-09
archeologist recommends that additional subsurface testing is not necessary and
additional monitoring by a cultural resource monitor should not be required unless
prehistoric sites are uncovered. The archeologist report and the letters recommend that
monitoring by the project archeologist continues for all ground work.
The applicant (Atascadero Mutual Water Company) has submitted a letter requesting
that the requirements of Mitigation Measure 5.b.2 be amended to reflect the
archeologist's recommendations based on the previous subsurface testing (Attachment
3). Mitigation Measure 5.b.2 has been revised in the proposed amended Mitigated
Negative Declaration which was posted and circulated to the public (including both the
Northern Chumash Tribal Council and the Salinan Tribe) on April 6, 2009. The revised
condition states that no further subsurface testing would be required for the shifted
location of Pond 1 or for Ponds 2 and 3, and the cultural resource monitor would not be
required to be on-site for monitoring unless cultural materials were discovered by the
archeologist. The project archeologist shall continue to monitor all ground work.
Original Mitigation Measure 5.d.2: A Phase 2 study shall be completed prior to building
permit issuance. Test trenches will be done to the bottom depth of the ponds in each of
the proposed pond locations. A qualified archeologist and a cultural resource monitor
approved by the Native American Cultural Resource Board shall be on site during all
ground disturbances.
Revised Mitigation Measure 5.d.2: A qualified archeologist shall be on-site during all
ground disturbances. Based on the negative results of the Phase 11 subsurface testing
done Oct. 12, 2008 and the archeologist's recommendations, no additional monitoring by a
cultural resource monitor shall be required unless archeological sites are uncovered
during the archeologist's monitoring, and no additional subsurface testing shall be
required.
Proposed Environmental Determination
The original CEQA document prepared for the project was posted from February 22,
2008 to March 22, 2008 and certified by the Planning Commission on May 6, 2008.
During public review period, comments were received from the Salinan Tribe, the
Chumash Tribe, and the Air Pollution Control District. Additional mitigation measures
were incorporated to address these comments.
A Draft Amended Mitigated Negative Declaration was circulated to the public on April 6,
2009. The amended document addresses the changes proposed to the location of
recharge pond 1, the proposed removal of the two Black Walnut trees, and the
proposed modification to Mitigation Measure 5.d.2 as discussed above. The 2009
proposed Amendment to Mitigated Negative Declaration 2008-0004 is available for
public review through May 5, 2009.
A finding is proposed that this project would not have a significant effect on the
environment with the incorporation of the recommended mitigation measures as
revised. Staff is recommending that the Planning Commission certify proposed
Mitigated Negative Declaration 2008-0004 as amended.
ITEM NUMBER: 3
DATE: 5-5-09
CONCLUSION:
The proposed Amendment includes modifications to Conditional Use Permit 2007-0221,
which was originally approved by Planning Commission on May 6, 2008. The project
was originally approved for the construction of three (3) water recharge ponds as part of
the Atascadero Mutual Water Company's facilities expansion. The proposed
Amendment to the project includes relocation Pond 1 approximately 130 feet to the west
to provide a 300 -foot setback to Well #7 to meet Health Department requirements and
the removal of two native Black Walnut trees (21" and 48" DBH). Mitigation Measure
5.2.d is proposed to be amended to state that additional subsurface testing is not
required, and additional monitoring by a cultural resource monitor should not be
required unless prehistoric sites are uncovered. The project archeologist shall continue
to monitor all ground work. The proposed project is consistent with the General Plan
and the Atascadero Municipal Code. Staff finds that the proposed project, as
conditioned, meets the required findings necessary for Planning Commission approval.
ALTERNATIVES:
1. The Commission may modify the project and/or conditions of approval for the
project.
2. The Commission may determine that more information is needed on some
aspect of the project and may refer the item back to the applicant and staff to
develop the additional information. The Commission should clearly state the type
of information that is required and move to continue the item to a future date.
3. The Commission may deny the project. The Commission should specify the
reasons for denial of the project and recommend an associated finding with such
action.
ATTACHMENTS:
Attachment 1:
Location and Zoning Map
Attachment 2:
Arborist Report
Attachment 3:
Letter from Applicant (AMWC)
Attachment 4:
Archeologist Recommendations
Attachment 5:
Draft Resolution PC 2009-0018
ITEM NUMBER: 3
DATE: 5-5-09
Attachment 1: Location and Zoning Map
Zoning: Public
General Plan Designation: Public
ITEM NUMBER
DATE: 5-5-09
Attachment 2: Arborist Report
A & T ARBOIRISTS
P.O. BOK 1311 TEMPLETON, CA 93465 (805) 434-0131
12130108 RECEIVED -
Atascadero Mutual Water Company JAN 12 2ggq
Re. "free Pian For Basin Gartinnulwi v nEvELcPn�E
NCE
This tree protection plan is in regard to the proposed basin located off of Sycamore oarl
in Atascadero, CA. Two black walnut trees (Juglans hindsii) are being proposed for
removal. The diameter of the two trees is 21 and 48 inches respectively. One sycamore
( Plc mnus raremosa) will be impacted but saved. Plans are to excavate within
approximately 10 feet from the trunk of the tree. The arborists will need to be on site
during this activity and perforin root pruning and implement other passible mitigation
measures such as fungicide, mulch and supplemental watering. There are other small
non -protected trees in the immediate grading area that will be removed,
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
rcconnneaded that each contractor sigh and acknowledge this tree protection plan.
This project slhall 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 occupancy letter.
All trees potentially impacted by this project are numbered and identified on bath the
grading plan and the spreadsheet. Trees are numbered on the grading plans and ill 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 stating System
A rating system of l -10 was used for visually establishing the overall condition of each
tree air the spreadsheet. The rating system is defined as follows:
Rating Condition
0 Deceased
I Hvidence 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.
ITEM NUMBER: 3
DATE: 5-5-09
4 May have had minor past failures, excessive deadwood or minor
structural defects that can be mitigated with pruning.
S 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 arboricultu11,11 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 frilly 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
Lip 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 fi-om 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.
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.
ITEM NUMBER: 3
DATE: 5-5-09
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), Owner(s), Planning Staff, 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 verity 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.
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.
The included spreadsheet includes trees listed by number, species and. multiple steins 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.
ITEM NUMBER
DATE: 5-5-09
Please let us know if we can be of any fiiture assistance to you for this project.
Steven C. Alvarez
Certified Arborist #WC 0511
Chip Tamagni
Certified Ar •ist #WE 6436-A
ITEM NUMBER
DATE: 5-5-09
3-18-09
Atascadero Mutual Water Company
Re: Addendum for Detention Basin Pipeline
After reviewing the path for the pipeline facilities that route water from the turnout to the
detention basin, we discovered one native black walnut tree (Judlans hindsir) that exists
adjacent to the proposed trenching. This particular tree's drip line is out of the area of
disturbance; however, it has been numbered and added to the spreadsheet for the project.
The only specific mitigation measure will be the requirement of orange fencing at the
edge of the drip line area. Please let us know if we can be of further assistance.
Chip Tamagni
C fled!�ts#WE 6436-A
�� ..
Steven G
Certified Arborist #WE0511-A
ITEM NUMBER
DATE 5509
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ITEM NUMBER: 3
DATE: 5-5-09
ITEM NUMBER
DATE: 5-5-09
Attachment 3: Letter from Applicant (Atascadero Mutual Water Co.) 4/2/09
Request for Modification of Mitigation Measure 5.d.2
5005 EL CAMINO REAL • P.O. BOX 6075 • ATASCADERO, CA 93423 • (805) 466-2428
Atascadero Mutual Water Company
ESTABUSFED 191:
April 2, 2009
Ms. Callie Taylor
City of Atascadero
6907 EI Camino Real
Atascadero, CA 93422
Subject: Water Recharge Pond Project
Dear Callie,
Atascadero Mutual Water Company (AMWC) respectfully requests that the Planning
Commission remove the requirement to have a cultural resource monitor approved by the
Native American Cultural Resource Board on the site of the subject project during all ground
disturbances as required by Mitigation Measure 5.d.2 of Resolution PC 2008-0024. We also
request removal of the requirement for additional subsurface testing in each of the proposed
pond locations. We will still perform the archaeological monitoring by an archaeologist as
required by the mitigation measure.
The request to remove the requirement to have a cultural resource monitor on the site
during construction is predicated upon the results of the two archaeological studies completed
to date for the project. No significant cultural resources were found during either of these
studies. An approved cultural resource monitor was present during the Phase 2 study. Please
see the attached letter from the project archaeologist dated January 5, 2009.
To date, archaeological studies of the project site have cost the AMWC shareholders
$16,900 with no significant cultural resources being found. Based on the letter from the project
archaeologist, additional monitoring, other than that provided by the project archaeologist, is
not warranted.
Respectfully y rs,
John B. Neil
General Manager
ITEM NUMBER: 3
DATE: 5-5-09
Attachment 4: 1/5/09: Archeologist Recommendations Regarding Mitigation Measure 5.d.2
Jan. 5, 2009
Greg Jaeger
North Coast Engineering
725 Creston Road
Paso Robles, CA 93446
Heritage Discoveries ane.
RECEIVED
JAN 12 2009
COMMUNITY DEVE! OPMENT
Su iect: Archaeological Plannine for the AMWC Recharge Pond_ Relocation. Atascadero
Dear Greg,
1 have reviewed the plans for the relocation of the recharge pond at the AMWC property. Recent fieldwork (surface
surveys) and extensive testing nearby have determined that archaeological sites are not present in this area.
Specifically, half of the relocated recharge pond location was extensively tested this fall as it overlaps with the
original study area. Also, we tested with negative results the pipeline route that: tuns along the southern edge of the
relocated pond.
Based on this detailed information, I recommend that the relocated recharge pond area should have archaeological
monitoring by an archaeologist during construction activities. Since four previous studies have produced negative
results for prehistoric resources, a Native American monitor would not be required. The archaeological monitorim,
guidelines would provide for inclusion of a Native American monitor in the event that prehistoric sites arc
uncovered during monitoring.
This action will provide adequate protection for any potential Cultural resourc:s. The monitoring would be part of
the overall monitoring of the AMWC developments in this area.
If you have any questions, please contact me.
Sincereelly
r
Thor Conway
Heritage Discoveries Inc., 836 Mission Street, San Luis Obispo, CA 93405
Telephone (805) 545-0724 Fax (805) 545-0724 F. -mail hdiark chartcr.nct
ITEM NUMBER: 3
DATE: 5-5-09
Attachment 4: 3/24/09: Archeologist Recommendations Regarding Mitigation Measure 5.d.2
Herilabe Discoveries Ine.
March 24, 2009
Greg Jaeger
North Coast Engineering
725 Creston Road
Paso Robles, CA 93446
Subiect: Archaeological Planning for the AMWC Recharge Pond Relocation, Atascadero
Dear Greg,
I have reviewed the plans for the relocation of the various recharge ponds at the AM WC property. Recent fieldwork
(surface surveys) and extensive testing at and nearby the project area have deteiTnined that archaeological sites are
not present in this area.
I recommend that the present recharge pond project area and the areas for the future recharge ponds and related
improvements do not need further archaeological subsurface testing. Proper cultural resource management is assured
with the mandatory archaeological monitoring that will take place. Our firm will provide archaeologists to monitor
all ground work.
Development of an archaeological monitoring plan prior to fieldwork will assure that any unanticipated discoveries
would be properly assessed as part of the planning process.
If you have any questions, please contact me.
Sine rely,
Thor Conway
Heritage Discoveries Inc., 836 Mission Street, San Luis Obispo, CA 43405
Telephone (805) 545-0724 Fax (tio5) 545-17724 E-mail hdiarkv eharter,net
ITEM NUMBER: 3
DATE: 5-5-09
Attachment 5: Draft Resolution PC 2009-0018
DRAFT RESOLUTION PC 2009-0018
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA, CERTIFYING
PROPOSED AMENDED MITIGATED NEGATIVE DECLARATION
2008-0004 AND APPROVING AN AMENDMENT TO CONDITIONAL USE
PERMIT 2007-0221 (PLN 2007-1257) ON APN 049-011-003
Salinas River Parcel
(Atascadero Mutual Water Company)
WHEREAS, an application has been received from Atascadero Mutual Water Company,
PO Box 6075, Atascadero, CA 93423, (Property Owner and Applicant), to consider an
Amendment to Conditional Use Permit 2007-0221, originally approved on May 6, 2008 for the
phased construction of three water recharge ponds, located on the Salinas River Parcel (APN
049-011-003); and,
WHEREAS, the site's current General Plan Designation is Public (P); and,
WHEREAS, the site's current zoning district is Public (P); and,
WHEREAS, an Initial Study and Proposed Amended Mitigated Negative Declaration
2008-0004 were prepared for the revised project and made available for public review in
accordance with the requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional
Use Permit 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, Mitigation Measure 5.d.2 has been modified in the Proposed Amended
Mitigated Negative Declaration and was posted with the proposed modification for public
review; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on May 5, 2009, studied and considered the Amendment to Conditional Use
ITEM NUMBER: 3
DATE: 5-5-09
Permit 2007-0221, after first studying and considering the Proposed Amended Mitigated
Negative Declaration prepared for the project, and,
NOW, THEREFORE, the Planning Commission of the City of Atascadero, California,
takes the following actions:
SECTION 1. Findings for Certification of the Proposed Amended Mitigated
Negative Declaration. The Planning Commission finds as follows:
1. The project does not have the potential to degrade the environment when mitigation
measures are incorporated into the project's mitigation monitoring program as
conditions of approval; and,
2. The project will not achieve short-term to the disadvantage of long term
environmental goals; and,
3. The project does not have impacts which are individually limited, but cumulatively
considerable; and,
4. The project will not cause substantial adverse effects on human beings either directly
or indirectly.
SECTION 2. Findings for Approval of Tree Removal Permit. The Planning
Commission finds as follows:
1. Trees proposed for removal are obstructing proposed improvements that could not be
reasonably designed to avoid the need for tree removal, as certified by a report from
the Site Planner and determined by the Community Development Department based
on the following factors:
• Early consultation with the City;
• Consideration of practical design alternatives;
• Provision of cost comparisons (from applicant) for practical design
alternatives;
• If saving tree eliminates all reasonable uses of the property; or
• If saving the tree requires the removal of more desirable trees; and,
SECTION 3. Findings for approval of Conditional Use Permit Amendment. The
Planning Commission finds as follows:
1. The proposed project or use is consistent with the General Plan and the City's
Appearance Review Manual; and,
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance); and,
3. The establishment, and subsequent operation or conduct of the use will not, because
ITEM NUMBER: 3
DATE: 5-5-09
of the circumstances and conditions applied in the particular case, be detrimental to
the health, safety, or welfare of the general public or persons residing or working in
the neighborhood of the use, or be detrimental or injurious to property or
improvements in the vicinity of the use; and,
4. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development; and,
5. That the proposed use or project will not generate a volume of traffic beyond the safe
capacity of all roads providing access to the project, either existing or to be improved
in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
SECTION 4. Approval. The Planning Commission of the City of Atascadero, in a regular
session assembled on May 5, 2009, resolved to approve the Amendment to Conditional Use
Permit 2007-0221 subject to the following:
EXHIBIT A:
Proposed Amended Mitigated Negative Declaration
EXHIBIT B:
Conditions of Approval
EXHIBIT C:
Revised Site Plan: Pond 1
EXHIBIT D:
Revised Grading Plan & Section: Pond 1 & Fill Area
EXHIBIT E:
Revised Landscape Plan/ Revegetation Plan: Pond 1
EXHIBIT F:
Tree Mitigation Chart
ITEM NUMBER: 3
DATE: 5-5-09
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: 5-5-09
EXHIBIT A: Proposed Amended Mitigated Negative Declaration (CUP 2007-0221)
See Following
ITEM NUMBER
DATE: 5-5-09
EXHIBIT B: Conditions of Approval (CUP 2007-0221)
Conditions of Approval /
Timing
Responsibility
Notes
Mitigation Monitoring Program
/Monitoring
FM: Final Map
PS: Planning Services
BL: Business
BS: Building Services
PLN 2007-1257/CUP 2007-0221
License
FD: Fire Department
GP: Grading Permit
PD: Police Department
BP: Building Permit
CE: City Engineer
Recharge Ponds; AMWC
g �
FI: FinalInspectionWW:
T0: Temporary
Wastewater
torney
CA: City Attorney
Occupancy
F0: Final
Occupancy
Planning Services
1. This Conditional Use Permit shall be for the installation for three recharge
BP
PS
ponds and a fill area on parcel 049-011-003 (River Parcel), regardless of
owner.
2. The approval of this Conditional Use Permit shall become final and
BP
PS
effective for the purposes of issuing building permits fourteen (14) days
following the Planning Commission approval unless prior to that date, an
appeal to the decision is filed as set forth in Section 9-1.111(b) of the
Zoning Ordinance.
3. Approval of this Conditional Use Permit shall be valid for twenty-four (24)
BP
PS
months after its effective date. At the end of the period, the approval shall
expire and become null and void unless the applicant has received a
building permit or applied for an extension of entitlement.
4. Approval of this Conditional Use Permit shall be consistent with
Ongoing
PS
Atascadero Municipal Code Zoning Ordinance. Any violations of the CUP
shall be subject to review and reconsideration by the Planning
Commission at a noticed public hearing.
5. The Community Development Department shall have the authority to
BP
PS
approve minor changes to the project that address a construction design
issue that is not substantive to the land use.
6. The property owner shall defend, indemnify, and hold harmless the City of
Ongoing
ALL
Atascadero or its agents, officers, and employees against any claim or
action brought to challenge on approval by the City, or any of its entities,
concerning the Conditional Use Permit.
7. The Atascadero Mutual Water Company shall provide public access on
BP
PS
the river parcel for a public trail connection which leads from Chico Road
(APN 049-022-038) to the project site. Public Access shall be provided to
the De Anza Trail.
8. The applicant shall mitigate the tree removals through a combination
GP/FO
PS
of replanting and payment into the mitigation fund. 1 -gallon native
trees shall be allowed to be used as replanting at a ratio of two, 1 -
gallon native trees equal to one, 5 -gallon tree. The applicant shall
replant native trees as shown on the revegetation plan, and the
remaining mitigation shall be done as fees to the trees fund.
ITEM NUMBER
DATE: 5-5-09
Conditions of Approval /
Timing
Responsibility
Notes
Mitigation Monitoring Program
/Monitoring
FM: Final Map
PS: Planning Services
BL: Business
BS: Building Services
PLN 2007-1257/CUP 2007-0221
License
FD: Fire Department
GP: Grading Permit
PD: Police Department
BP: Building Permit
CE: City Engineer
Recharge Ponds; AMWC
FI: Final Inspection
TO: Temporary
WW: Wastewater
CA: City Attorney
Occupancy
FO: Final
Occupancy
Public Works Conditions
1. Any work within street right-of-ways will require an encroachment
GP, BP
CE
permit issued by the Department of Public Works prior to
construction.
2. Applicant shall submit erosion control plans and a Storm Water
GP, BP
CE
Pollution Prevention Plan (SWPPP) in addition to grading plans for
this project.
3. The applicant shall acquire title interest in any off-site land that may
GP, BP
CE
be required to allow for the construction of the improvements. The
applicant shall bear all costs associated with the necessary
acquisitions. The applicant shall also gain concurrence from all
adjacent property owners whose ingress and egress is affected by
these improvements.
4. The applicant shall obtain permits from all other agencies having
GP, BP
CE
jurisdiction including, but not limited to, FEMA, California Fish and
Game, Army Corps of Engineers, and the Regional Water Quality
Control Board.
5. The applicant shall control dust on the site during and after
GP, BP
CE
construction of the improvements.
Mitigation Measures
Mitigation Measure 1.c.1: The chain link fence shall be coated in a natural
BP
PS
1.c.1
color (brown or green) to blend with the surrounding landscape. The fence
shall be no more than six feet in height.
Mitigation Measure 1.c.2: A landscape buffer shall be installed along the
BP
PS
1.c.2
chain link fence. The buffer shall be of native plant material and shall be
installed as described in the attached landscape plan.
Mitigation Measure 3.b.1: The project shall be conditioned to comply with all
BP
BS
3.b.1
applicable District regulations pertaining to the control of fugitive dust (PM -
10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality
Handbook.
■ Asbestos has been identified by the state Air Resources Board as a
toxic air contaminant. Serpentine and ultramafic rocks are very
common in the state and may contain naturally occurring asbestos.
Under the State Air Resources Board Air Toxics Control Measure
(ATCM) for Construction, Grading, Quarrying, and Surface Mining
Operations, prior to any grading activities at the site, the project
proponent shall ensure that a geologic evaluation is conducted to
determine if naturally occurring asbestos is present within the area that
will be disturbed. If Naturally Occurring Asbestos (NOA) is found at the
ITEM NUMBER
DATE: 5-5-09
Conditions of Approval /
Mitigation Monitoring Program
PLN 2007-1257/CUP 2007-0221
Recharge Ponds; AMWC
Timing
FM: Final Map
BL: Business
License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Notes
site the applicant must comply with all requirements outlined in the
Asbestos ATCM for Construction, Grading, Quarrying, and Surface
Mining Operations. If NOA is not present, an exemption request must
be filed with the District. If NOA is found at the site the applicant must
comply with all requirements outlined in the Asbestos ATCM. This may
include development of an Asbestos Dust Mitigation Plan and an
Asbestos Health and Safety Program for approval by the APCD. Should
Naturally Occurring Asbestos be identified within the area of
construction, and the worked area will be less than or equal to one
acre, then the dust control measures identified below are required. If
the disturbed area is greater than one acre, additional requirements
may include but are not limited to 1) an Asbestos Dust Mitigation Plan
which must be approved by the District before construction begins, and
2) an Asbestos Health and Safety Program will also be required for
some projects.
■ Dust Control Measures for Construction and Grading Operation
Projects One Acre or Less: No person shall engage in any construction
or grading operation on property where the area to be disturbed is one
(1.0) acre or less unless all of the following dust mitigation measures
are initiated at the start and maintained throughout the duration of the
construction or grading activity:
1. Construction vehicle speed at the work site must be limited to
fifteen (15) miles per hour or less;
2. Prior to any ground disturbance, sufficient water must be applied to
the area to be disturbed to prevent visible emissions from crossing
the property line;
3. Areas to be graded or excavated must be kept adequately wetted
to prevent visible emissions from crossing the property line;
4. Storage piles must be kept adequately wetted, treated with a
chemical dust suppressant, or covered when material is not being
added to or removed from the pile;
5. Equipment must be washed down before moving from the property
onto a paved public road; and
6. Visible track -out on the paved public road must be cleaned using
wet sweeping or a HEPA filter equipped vacuum device within
twenty-four (24) hours.
Mitigation Measure 3.b.2: Developmental burning of vegetative material is
BP
BS
3.b.2
prohibited. Under certain circumstances where no technically feasible
alternatives are available, limited developmental burning under restrictions
may be allowed. This requires prior application, payment of fee based on
the size of the project, APCD approval, and issuance of a burn permit by the
APCD and the local fire department authority. The applicant is required to
ITEM NUMBER
DATE: 5-5-09
Conditions of Approval /
Timing
Responsibility
Notes
Mitigation Monitoring Program
/Monitoring
FM: Final Map
PS: Planning Services
BL: Business
BS: Building Services
PLN 2007-1257/CUP 2007-0221
License
FD: Fire Department
GP: Grading Permit
PD: Police Department
BP: Building Permit
CE: City Engineer
Recharge Ponds; AMWC
FI: Final Inspection
TO: Temporary
WW: Wastewater
CA: City Attorney
Occupancy
FO: Final
Occupancy
furnish the APCD with the study of technical feasibility (which includes costs
and other constraints) at the time of application. For any questions
regarding these requirements, contact Karen Brooks of the Enforcement
Division at 781-5912.
Mitigation Measure 3.b.3: Naturally Occurring Asbestos. The project site is
BP
Ill
3.b.3
located in a candidate area for Naturally Occurring Asbestos (NOA), which
has been identified as a toxic air contaminant by the California Air
Resources Board (ARB). Under the ARB Air Toxics Control Measure
(ATCM) for Construction, Grading, Quarrying, and Surface Mining
Operations, prior to any grading activities at the site, the project proponent
shall ensure that a geologic evaluation is conducted to determine if NOA is
present within the area that will be disturbed. If NOA is not present, an
exemption request must be filed with the District (see Attachment 1). If NOA
is found at the site the applicant must comply with all requirements outlined
in the Asbestos ATCM. This may include development of an Asbestos Dust
Mitigation Plan and an Asbestos Health and Safety Program for approval by
the APCD. Please refer to the APCD web page at
http://www.slocleanair.org/business/asbestos.asp for more information or
contact APCD Enforcement Division at 781-5912.
Mitigation Measure 3.b.4: Dust Control Measures. Construction activities
BP
Ill
3.b.4
can generate fugitive dust, which could be a nuisance to local residents and
businesses in close proximity to the proposed construction site. Dust
complaints could result in a violation of the APCD's 402 "Nuisance" Rule.
This project is near potentially sensitive receptors and shall be conditioned
to comply with all applicable Air Pollution Control District regulations
pertaining to the control of fugitive dust (PM 10) as contained in section 6.5
of the Air Quality Handbook. All site grading and demolition plans noted
shall list the following regulations:
a. Reduce the amount of the disturbed area where possible,
b. Use of water trucks or sprinkler systems in sufficient quantities to
prevent airborne dust from leaving the site. Increased watering
frequency would be required whenever wind speeds exceed 15
mph. Reclaimed (non -potable) water should be used whenever
possible,
c. All dirt stock pile areas should be sprayed daily as needed,
d. Permanent dust control measures identified in the approved project
revegetation and landscape plans should be implemented as soon
as possible following completion of any soil disturbing activities,
e. Exposed ground areas that are planned to be reworked at dates
greater than one month after initial grading should be sown with a
fast germinating native grass seed and watered until vegetation is
established,
f. All disturbed soil areas not subject to revegetation should be
stabilized using approved chemical soil binders, jute netting, or
other methods approved in advance by the APCD,
g. All roadways, driveways, sidewalks, etc. to be paved should be
ITEM NUMBER
DATE: 5-5-09
Conditions of Approval /
Timing
Responsibility
Notes
Mitigation Monitoring Program
/Monitoring
FM: Final Map
PS: Planning Services
BL: Business
BS: Building Services
PLN 2007-1257/CUP 2007-0221
License
FD: Fire Department
GP: Grading Permit
PD: Police Department
BP: Building Permit
CE: City Engineer
Recharge Ponds; AMWC
FI: Final Inspection
TO: Temporary
WW: Wastewater
CA: City Attorney
Occupancy
FO: Final
Occupancy
completed as soon as possible. In addition, building pads should
be laid as soon as possible after grading unless seeding or soil
binders are used,
h. Vehicle speed for all construction vehicles shall not exceed 15 mph
on any unpaved surface at the construction site,
i. All trucks hauling dirt, sand, soil, or other loose materials are to be
covered or should maintain at least two feet of freeboard (minimum
vertical distance between top of load and top of trailer) in
accordance with CVC Section 23114,
j. Install wheel washers where vehicles enter and exit unpaved roads
onto streets, or wash off trucks and equipment leaving the site, and
k. Sweep streets at the end of each day if visible soil material is
carried onto adjacent paved roads. Water sweepers with
reclaimed water should be used where feasible.
All PM10 mitigation measures required should be shown on grading and
building plans. In addition, the contractor or builder should designate a
person or persons to monitor the dust control program and to order
increased watering, as necessary, to prevent transport of dust offsite. Their
duties shall include holidays and weekend periods when work may not be in
progress. The name and telephone number of such persons shall be
provided to the APCD prior to land use clearance for map recordation and
finished grading of the area.
Mitigation Measure 3.b.5: Construction Permit Requirements. Portable
BP
BS/PS
3.b.5
equipment, 50 horsepower (hp) or greater, used during construction
activities will require California statewide portable equipment registration
(issued by the California Air Resources Board) or an APCD permit. The
following list is provided as a guide to equipment and operations that may
have permitting requirements, but should not be viewed as exclusive. For a
more detailed listing, refer to page A-5 in the District's CEQA Handbook.
• Power screens, conveyors, diesel engines, and/or crushers;
• Portable generators and equipment with engines that are 50 hp or
greater;
• IC engines;
• Rock and pavement crushing;
• Tub grinders; and
• Trommel screens.
To minimize potential delays, prior to the start of the project, please contact
the District's Engineering Division at (805) 781-5912 for specific information
regarding permitting requirements.
Mitigation Measure 3.b.6: Operational Permit Requirements. Operational
BP
BS/PS
3.b.6
sources may require APCD permits. The following list is provided as a
guide to equipment and operations that may have permitting requirements,
but should not be viewed as exclusive. For a more detailed listing, refer to
page A-5 in the District's CEQA Handbook.
• Portable generators and equipment with engines that are 50 hp or
greater;
ITEM NUMBER
DATE: 5-5-09
Conditions of Approval /
Timing
Responsibility
Notes
Mitigation Monitoring Program
/Monitoring
FM: Final Map
PS: Planning Services
BL: Business
BS: Building Services
PLN 2007-1257/CUP 2007-0221
License
FD: Fire Department
GP: Grading Permit
PD: Police Department
BP: Building Permit
CE: City Engineer
Recharge Ponds; AMWC
FI: Final Inspection
TO: Temporary
WW: Wastewater
CA: City Attorney
Occupancy
FO: Final
Occupancy
• Electrical generation plants or the use of standby generator;
• Pipelines;
• Public utility facilities;
• Boilers;
• IC Engines;
• Cogeneration facilities;
• Concrete batch plants;
• Rock and pavement crushing;
• Tub grinders; and
• Trommel screens.
To minimize potential delays, prior to the start of the project, please contact
the District's Engineering Division at (805) 781-5912 for specific information
regarding permitting requirements.
Mitigation Measure 4.a.1: An environmental monitor shall be present during
GP
PS
4.a.1
primary grubbing and grading of the project areas. The environmental
monitor shall have the authority to stop equipment if special status animals
are found in the construction zone. Spadefoot toads, if encountered, shall
be captured by hand and moved to an appropriate location well outside the
project areas. If southwestern pond turtles are found in the project areas,
the turtles shall be moved to an appropriate location in the Salinas River by
the on-site environmental monitor.
Mitigation Measure 4.a.2: Presence or absence of the silvery legless lizard
GP
PS
4.a.2
shall be determined by pre -construction surveys within the project areas
where ground disturbance will occur. The survey shall be conducted during
the period of January through April when soil moisture is high and near the
surface. The pre -construction survey shall be conducted by a qualified
biologist familiar with legless lizard biology and survey methods. The scope
of the survey shall be determined by a qualified biologist and shall be
sufficient to determine presence or absence in the project areas. If legless
lizards are found in the project areas during the pre -construction survey,
CDFG shall be consulted regarding appropriate protection, relocation,
and/or mitigation measures for this species.
Mitigation Measure 4.a.3: Presence or absence of the Coast horned lizard
GP
PS
4.a.3
shall be determined by pre -construction surveys within the project areas
where ground disturbance will occur. The survey should be conducted on
foot by a qualified biologist during the peak activity period from April through
September. The scope of the survey shall be determined by a qualified
biologist and shall be sufficient to determine presence or absence in the
project areas. The survey scope and methods of the survey shall be
submitted to CDFG for review prior to implementation. If horned lizards are
found in the project areas during the pre -construction surveys, CDFG shall
be consulted regarding appropriate protection, relocation, and / or mitigation
measures for the species.
Mitigation Measure 4.b.1: An environmental monitor shall be present during
GP
PS
4.b.1
preliminary grubbing and grading, and during all vegetation removal. The
monitor shall document compliance with all mitigation measures and
compliance items for the project. The environmental monitor shall be
ITEM NUMBER
DATE: 5-5-09
Conditions of Approval /
Timing
Responsibility
Notes
Mitigation Monitoring Program
/Monitoring
FM: Final Map
PS: Planning Services
BL: Business
BS: Building Services
PLN 2007-1257/CUP 2007-0221
License
FD: Fire Department
GP: Grading Permit
PD: Police Department
BP: Building Permit
CE: City Engineer
Recharge Ponds; AMWC
FI: Final Inspection
TO: Temporary
WW: Wastewater
CA: City Attorney
Occupancy
FO: Final
Occupancy
qualified to move wildlife from the project as needed. Upon project
completion, a final status report shall be prepared by the project biologist
certifying that mitigation measures were implemented and the construction -
related protection measures are no longer required.
Mitigation Measure 4.b.2: Disturbance or vegetation removal in the riparian
GP
PS
4.b.2
habitat shall not exceed the limits approved by CDFG.
Mitigation Measure 4.b.3: The limits of work within the riparian habitat shall
GP
PS
4.b.3
be designated on the construction plans. The designated work area shall be
confined to the minimum area necessary to accomplish construction. The
work area shall be established in the field with orange construction fencing.
Vegetation shall not be removed or damaged outside the designated work
area.
Mitigation Measure 4.b.4: Riparian habitat impacts shall be mitigated by
GP
PS
4.16.4
enhancement of adjacent habitat. A riparian enhancement plan shall be
prepared by a qualified biologist/restoration specialist. The plan shall
specify areas to be enhanced, and shall prescribe native species to be
used, planting density, method, success criteria, and monitoring program.
The riparian enhancement plan can be submitted to the CDFG as part of the
streambed alteration agreement. The riparian enhancement plan shall be
submitted to the City in conjunction with building permits. The plan shall be
implemented prior to project final.
Mitigation Measure 4.b.5: The plants to be used in the landscape plantings
GP
PS
4.b.5
shall be approved by the project biologist for compatibility with the native
habitat. A letter from the project biologist shall be submitted with building
permits to confirm that the appropriate plant species are being installed.
Mitigation Measure 4.c.1: A Streambed Alteration Agreement application
BP
PS
4.c.1
shall be submitted to the California Department of Fish and Game. All
mitigation measures required by the Department of Fish and Game shall be
implemented during construction.
Mitigation Measure 4A.1: In accordance with the Migratory Bird Treaty Act
GP
PS
4.d.1
of 1918, the applicant shall contact the United States Fish and Wildlife
Service (USFWS) for direction. The applicant shall provide copies of all
correspondence with USFWS prior to issuance of grading/building permits
and shall incorporate all recommended mitigation measures into the project
design.
Mitigation Measure 4.d.2: To avoid impacts to nesting birds, grading and
GP
PS
4.d.2
construction activities that affect trees and grasslands shall not be
conducted during the breeding season from March 15 to August 15. If
construction activities must be conducted during this period, nesting bird
surveys shall take place within one week of habitat disturbance. If surveys
do not locate nesting birds, construction activities may be conducted. If
nesting birds are located, no construction activities shall occur within 100
feet of nests until chicks are fledged. Construction activities shall observe a
300 -foot buffer for active raptor nests.
ITEM NUMBER
DATE: 5-5-09
Conditions of Approval /
Timing
Responsibility
Notes
Mitigation Monitoring Program
/Monitoring
FM: Final Map
PS: Planning Services
BL: Business
BS: Building Services
PLN 2007-1257/CUP 2007-0221
License
FD: Fire Department
GP: Grading Permit
PD: Police Department
BP: Building Permit
CE: City Engineer
Recharge Ponds; AMWC
FI: Final Inspection
TO: Temporary
WW: Wastewater
CA: City Attorney
Occupancy
FO: Final
Occupancy
Mitigation Measure 4.d.3: If the nesting bird survey finds occupied nests of
GP
PS
4.d.3
special status birds, mitigation shall be implemented. All occupied nests of
special status birds shall be mapped using GPS or survey equipment. The
mapped locations shall be placed on a copy of the grading plans with a 500 -
foot buffer indicated. Work shall not be allowed within the 500 foot buffer
while the nest is in use. The buffer zone shall be delineated on the ground
with orange construction fencing where it overlaps work areas. Occupied
nests of special status bird species that are within 500 feet of project work
areas shall be monitored twice monthly through the nesting season to
document nest success and check for project compliance with buffer zones.
Once nests are deemed inactive and /or chicks have fledged and are no
longer dependent on the nest, work can commence.
Mitigation Measure 4.d.4: All work shall be conducted on the proposed
GP
PS
4.d.4
project within daylight hours to prevent disturbing nocturnal animal
movements.
Mitigation Measure 4.d.5: Permanent night lighting shall not be installed
GP
PS
4.d.5
around the ponds.
Mitigation Measure 4.e.1: If there are changes to the project location which
GP
PS
4.e.1
would require impacts or removals of native trees, the applicant shall adhere
to the guidelines outlined in the Atascadero Native Tree Ordinance,
including Tree Removal Permits, Arborist Report, and tree protection
fencing as required.
Mitigation Measure 5A.1: In the event of the accidental discovery or
GP
PS
5.b.1
recognition of any human remains, the following steps shall be taken: There
shall be no further excavation or disturbance of the site or any nearby area
reasonably suspected to overlie adjacent human remains until the coroner
of the county in which the remains are discovered has been contacted to
determine that no investigation of the cause of death is required, and to
determine if the remains are of Native American heritage. If the remains are
of Native American Heritage, the coroner shall contact the Native American
Heritage Commission within 24 hours.
Mitigation Measure 5.d.2: A Phase 2 st, -Fly shall be , meted prier to
building permit �' sraanse. sf-thisT'll h done bettorn depth --mf
epends�eac�h-of the�;�se �d InGatonsA qualified aFGT 'si
GP
PS
5.11l
and n „If, Fal FesouFGe rnonitEIF approved by the Native American Cultural
Reseuroe Board shall be OR sate duriRg all grouRd disturbances.
A qualified archeologist shall be on-site during all ground
disturbances. Based on the negative results of the Phase II
subsurface testinq done Oct. 12, 2008 and the archeologist's
recommendations, no additional monitoring by a cultural resource
monitor shall be required unless archeological sites are uncovered
during the archeologist's monitoring, and no additional subsurface
testing shall be required.
ITEM NUMBER
DATE: 5-5-09
Conditions of Approval /
Timing
Responsibility
Notes
Mitigation Monitoring Program
/Monitoring
FM: Final Map
PS: Planning Services
BL: Business
BS: Building Services
PLN 2007-1257/CUP 2007-0221
License
FD: Fire Department
GP: Grading Permit
PD: Police Department
BP: Building Permit
CE: City Engineer
Recharge Ponds; AMWC
FI: Final Inspection
TO: Temporary
WW: Wastewater
CA: City Attorney
Occupancy
FO: Final
Occupancy
Mitigation Measure 5.d.3: In the event that human remains are discovered,
GP
PS
5.b3
the project archeologist shall contact the Atascadero Police Department in
addition to contacting the County Coroner. The Atascadero Community
Development Department shall be notified. A representative from both the
Chumash Tribe and the Salinan Tribe shall be notified and present during
the excavation of any remains.
Mitigation Measure 5.d.4 No cultural soils shall removed from the project
GP
PS
5.b.4
site. Only non -cultural soils shall be stock piled at the Atascadero Mutual
Water Company Site.
Mitigation Measure 6.b.1: The fill dirt near well #4 shall be stabilized per the
GP
CE
6.b.1
requirements of the City Engineer. Building permits shall be obtained prior
to any work on site.
Mitigation Measure 8.c.d.h.1: The applicant shall obtain all necessary
BP
BS,PS,CE
8.c.d.h.1
permits from other jurisdictions, including FEMA and the Army Corps of
Engineers, as required by those agencies, for the cut, fill, and fencing
located in the floodway.
BP
BS,PS,CE
8.c.d.h.2
Mitigation Measure 8.c.d.h.2: The applicant shall submit certification by a
registered professional engineer during building permit review,
demonstrating that the proposed cut, fill, and fencing shall not result in any
increase in flood levels during the occurrence of the base flood discharge.
Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that
BP
BS,PS,CE
8.ef.1
all contractors are aware of all storm water quality measures and that such
measures are implemented. Failure to comply with the approved
construction Best Management Practices will result in the issuance of
correction notices, citations, or stop work orders.
Mitigation Measure 11.d.1: All construction activities shall comply with the
Ongoing
BS/PS
11.d.1
City of Atascadero Noise Ordinance for hours of operation, and as follows:
Construction activities shall be limited to the following hours of operation:
• 7 a.m. to 7 p.m. Monday through Friday
• 9 a.m. to 6 p.m. Saturday
• No construction on Sunday
The Community Development Director upon a determination that unusually
loud construction activities are having a significant impact on the neighbors
may modify the hours of construction.
Failure to comply with the above-described hours of operation may result in
withholding of inspections and possible construction prohibitions, subject to
the review and approval of the Planning Commission.
A sign shall be posted on-site with the hours of construction and a telephone
number of the person to be contacted in the event of any violations. The
ITEM NUMBER
DATE: 5-5-09
Conditions of Approval /
Timing
Responsibility
Notes
Mitigation Monitoring Program
/Monitoring
FM: Final Map
PS: Planning Services
BL: Business
BS: Building Services
PLN 2007-1257/CUP 2007-0221
License
FD: Fire Department
GP: Grading Permit
PD: Police Department
BP: Building Permit
CE: City Engineer
Recharge Ponds; AMWC
FI: Final Inspection
TO: Temporary
WW: Wastewater
CA: City Attorney
Occupancy
FO: Final
Occupancy
details of such a sign shall be approved by staff during the Grading
Plan/Building Permit review process.
EXHIBIT C: Revised Site Plan: Pond 1
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ITEM NUMBER: 3
DATE: 5-5-09
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EXHIBIT 0: Revised Grading Plan & Section: Pond I & Fill Area
ITEM NUMBER: 3
DATE: 5'5'09
EXHIBIT E: Revised Landscape Plan/ Revegetation Plan: Pond 1
ITEM NUMBER: 3
DATE: 5-5-09
ITEM NUMBER
DATE: 5-5-09
EXHIBIT F: Tree Mitigation Chart