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HomeMy WebLinkAboutPC_2009-10-20_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, October 20, 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 SEPTEMBER 1, 2009. City of Atascadero Planning Commission Agenda PUBLIC HEARINGS Regular Meeting, October 20, 2009 Page 2 of 4 DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name 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. RECONSIDERATION OF PLN 2099-0912, AMENDMENT OF PROJECT CONDITION #7 OF TENTATIVE TRACT MAP 2003-0029 ON ENCINO RD. Property Don Messer, PO Box 1958, Atascadero, CA 93423 Owner/Applicant: Michael Finch, 6445 N Palm #101, Fresno, CA 93704 Project Title: Reconsideration of PLN 2099-0912 (Amendment of Project Condition #7) Project Location: Encino Avenue between Atajo Avenue and Chauplin Road APN 031-091-005, 006, 008, 009, (APN 031-091-009 is 2 separate lots) and 031-092-016 (San Luis Obispo County) [6 Colony Lots total] Project This is a request for reconsideration to amend Condition #7 of Tentative Tract Map 2003 - Description: 0029, imposed by the Planning Commission on November 21, 2006, requiring the tree mitigation fee payment of $18,233. The original project was a Tentative Tract Map that approved the reorganization of the lot lines for six (6) historic Colony lots in order to provide for an improved lotting pattern that would preserve more oak trees, improve access and reduce some of the grading anticipated with the development of individual single- family lots. Proposed A Mitigated Negative Declaration was certified by the City Council in 2003. The Environmental project is substantially the same as the original Tentative Tract Map that was the Determination: subject of the CEQA Findings. The Tree Mitigation Fee was not imposed by the City Council as a project mitigation measure. COMMUNITY DEVELOPMENT STAFF REPORTS City of Atascadero Planning Commission Agenda COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT Regular Meeting, October 20, 2009 Page 3 of 4 The next regular meeting of the Planning Commission is scheduled for November 3, 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, October 20, 2009 Page 4 of 4 City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m. at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall 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: 1 DATE: 10-20-09 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting - Tuesday, September 1, 2009 — 7:00 P.M. City Hall Council Chambers 6907 EI Camino Real, Atascadero, California CALL TO ORDER - 7:02 p.m. Chairperson Jack called the meeting to order at 7:02 p.m. and led the Pledge of Allegiance. Rr)l I rAl I Present: Chairperson Jack, Vice Chairperson Moreno, Commissioners Bentz, Schmidt, Sturtevant, and Ward Absent: Commissioner Colamarino (excused) Others Present: Recording Secretary Annette Manier Staff Present: Community Development Director Warren Frace, and Contract Planner Mimi Whitney. APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Vice Chairperson Moreno to approve the agenda. Motion passed 6:0 by a roll -call vote. PC Draft Minutes of 09/01/09 Page 1 of 6 PUBLIC COMMENT - None Chairperson Jack closed the Public Comment period. PLANNING COMMISSION BUSINESS - None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON AUGUST 4, 2009. 2. APPROVAL OF TIME EXTENSION FOR CUP 2005-0157 FOR 1155 EL CAMINO REAL (WEHN GROUP, LLC/EDA). MOTION: By Commissioner Bentz and seconded by Commissioner Sturtevant to approve the Consent Calendar. Motion passed 6:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS - None PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: • No Ex Parte communications. 3. PLN 2009-1328, CITYWIDE HOUSING ELEMENT UPDATE Applicant: City of Atascadero, 6907 EI Camino Real, Atascadero, CA 93422 Project Title: PLN 2009-1328, 2009 Housing Element Update Project Location: Citywide, Atascadero, CA 93422, (San Luis Obispo County) Project The project consists of amendments to the 2009 Housing Element Update. Description: The purpose of this public hearing is for the Planning Commission to take public testimony on the proposed amendment and formulate a recommendation to the City Council. The Planning Commission will consider a draft of the 2009 Housing Element Update and provide the public an opportunity to make comments. Staff and the City's consultant will present information on the following: • Housing Element Update Process • Regional Housing Needs Allocation • New State Laws affecting Housing Element Content • Review Draft Housing Element Proposed The California Environmental Quality Act (CEQA) (Section 15061.(3) Review for Environmental Exemption) exempts activities which are covered by the general rule that CEQA Determination: applies only to projects which have the potential for causing a significant effect on the environment. PC Draft Minutes of 09/01/09 Page 2 of 6 Chairperson Jack explained to the audience that the Housing Element Update is a State requirement, and in order to meet its objectives, the Commission will review the draft document and then any recommendations will be forwarded to the City Council. He then turned the meeting over to Community Development Director Warren Frace. Community Development Director Warren Frace also explained that the Housing Element draft document is in front of them. After changes are made to the draft, it will go before the City Council, be submitted to the State, and then there will be a series of revisions and changes that will take place before it comes back for formal adoption by the Planning Commission and City Council. Community Development Director introduced Lisa Wise, the City's Housing Consultant who gave the presentation to the Commission. Ms. Wise answered questions of the Commission. PUBLIC COMMENT Pearl Munak, President of Transitional Food and Shelter, Inc., explained that she is with a non-profit group which serves disabled homeless people. They also serve temporarily disabled people as well as permanently disabled. It is difficult to get this group into housing, and the program keeps them too long in this temporary program. Most of the subsidized housing projects don't fit this group of people. She would like to ask the Commission how to get housing for people whose income is so low that they would be stretching to pay $600/mo. There may be approximately 100 new people a year in Atascadero that may fall into this category. Susan Warren, Director of North County Connection, works with families who are clean and sober, and who are staying with friends or other people in sober living environments. She is concerned about this population and their housing needs. She would like to encourage multi -family units to make sure they are providing Section 8 housing, which would allow people to stay in the community. Chairperson Jack closed the Public Comment portion of the meeting. The Commission had additional discussion and Community Development Director Warren Frace and Lisa Wise addressed the questions and concerns raised during the Public Comment portion. The Commission reviewed housing goals, one at a time, and made revisions throughout the document. The Commission needed further clarification from the two public speakers on the types of people who need housing, so Chairperson Jack agreed to re -open the public comment portion of the meeting for further clarification. Chairperson Jack re -opened the Public Comment portion of the meeting. PC Draft Minutes of 09/01/09 Page 3 of 6 Pearl Munak, President of Transitional Food and Shelter, Inc., said that the temporarily disabled people who are homeless can go to Echo, but it's the totally and permanently disabled housing that is needed. Doctor's orders keep them permanently disabled and homeless as a classification. Some may come directly out of a hospital who need assistance. Susan Warren, Director of North County Connection, said the people in recovery as commonly referred to as "sober living environments" until they can afford to have their own unit. It's a transitional time (6 months to a year). These people need housing. Chairperson Jack closed the Public Comment portion of the meeting. Director Frace said that tonight's revisions will be made, with strike -through and underline, and will be published in the City Council packet for the meeting of September 22, 2009. It will also be available online so the Planning Commission can read a copy with their suggested revisions. If the Council approves it, it will go on to the State for a 60 -day State review. After further revisions, it will come back for final adoption. MOTION: By Commissioner Bentz and seconded by Vice Chairperson Moreno to adopt PC Resolution 2009-0029 recommending that the City Council submit the Draft Atascadero 2007-2014 Housing Element to the State Dept. of Housing and Community Development for certification, to include the following changes as recommended by the Planning Commission: Page 65 (Section G.1, Governmental Constraints, Global Climate Change) — Remove first paragraph discussing the effects of greenhouse gasses and large scale climate change Page 72 (Section H, Program 1.1-7) — Add the language "Taking into account market conditions and development costs, the City..." at the start of the second sentence Page 72 (Section H, Program 1.1-10) — Change "shall" to "should" in the third sentence of the program Page 73 (Section H, Program 1.1-12) — Add "and consider an amnesty program that would reduce or eliminate fees for unpermitted second units" to the end of the first sentence of the second paragraph Page 76 (Section H, Program 3.1-4) — Replace "solar panels" with "energy efficiency improvements" in the first sentence PC Draft Minutes of 09/01/09 Page 4 of 6 Page 78 (Section H, Policy 4.3) — Replace "funds" with "loans and grants" in the first sentence and add in parenthesis at the end "This policy assumes that housing set aside funds are not affected by State budget take aways" Page 79 (Section H, Policy 4.3) — Add Program 4.3-6 "Work with nonprofits and identify funding to address the housing needs of extremely low-income households and totally and permanently disabled persons" Page 81 (Section H, Policy 6.1) — Add Program 6.1-7 "The City shall establish policies, standards, and procedures that encourage and facilitate the development of single -room occupancy units (SROs)" Page 82 (Section H, Policy 6.1) — Add Program 6.1-8 "The City shall review impact fees and the capital facility fee schedule to reduce fees and barriers to affordable housing development. (See also Program 4.3-2 for the potential use of Redevelopment Agency Set -Aside Funds for fee wavers)" Motion passed 6:0 by a roll -call vote. COMMISSIONER COMMENTS AND REPORTS Commissioner Schmidt was happy to see the discussion on the Atascadero Lake algae bloom in the newspaper and asked if the lake was in the Redevelopment Area. Community Development Director Warren Frace said it was not. Commissioner Bentz suggested that the Redevelopment Agency could make a finding to use funds through a specific finding to assist with this area. Community Development Director Frace said the City does monitor the lake and its condition, and that lack of rain is the basic issue. Chairperson Jack would like to offer any assistance or support of the Commission if there is anything they can do. Vice Chairperson Moreno said she is in her 6t" year in Atascadero, and recently attended a "Concerts in the Park." It was a treat to see so many people she knew, and she enjoys this community event. Commissioner Ward announced that there will be a 2nd Annual Poker Run Benefit Ride on September 12, 2009, to benefit the Atascadero Veterans Memorial. They are expecting about 650 people, and he is inviting everyone watching Channel 20 to come out to this great family event for a wonderful cause. Funds will be used for capital improvements for the Atascadero Veterans Memorial. PC Draft Minutes of 09/01/09 Page 5 of 6 DIRECTOR'S REPORT • Community Development Director Warren Frace introduced Mimi Whitney, Contract Planner, who will be supporting the Community Development Department while Senior Planner, Kelly Gleason, and Associate Planner, Callie Taylor are out on leave. • Community Development Director Warren Frace announced that the next meeting is scheduled for September 15, 2009, but that meeting will likely be cancelled due to lack of items. • We are still waiting for Walmart to submit their revised application, and he is hoping to hear something from them next week. • The Tractor Supply Company has submitted their grading plans, which is in 1st plan check. This project is on track and moving forward. • The Colony Square project is also still moving forward. ADJOURNMENT - 9:50 p.m. The next regular meeting of the Planning Commission is scheduled for September 15, 2009, at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. MINUTES PREPARD BY: Annette Manier, Recording Secretary Il Cityhalllcdvlpmnh- PC MinuteslPC Minutes 091PC Draft Minutes 09 01 09.doc PC Draft Minutes of 09/01/09 Page 6 of 6 ITEM NUMBER: 2 DATE: 10-20-09 Atascadero Planning Commission Staff Report - Community Development Department Mimi Whitney, Senior Planner, 470-3442 mwhitney@atascadero.org Reconsideration #2 Tentative Tract Map 2003-0029 (TRACT 2515) Encino Avenue D. Messer SUBJECT: This is a request for Reconsideration to amend Condition #7, imposed by the Planning Commission on November 21, 2006, requiring the tree mitigation fee payment of $18,233 as project mitigation, consistent with the Native Tree Ordinance. (See Attachment 1: Letter from Don Messer). The original project was a Tentative Tract Map that approved the reorganization of the lot lines for six (6) historic Colony lots in order to provide for an improved lotting pattern that would preserve more oak trees, improve access and reduce some of the grading anticipated with the development of individual single-family lots. (See Attachment 2: Original Tract Map Design). RECOMMENDATION: Staff Recommends: That the Planning Commission consider the facts and determine if either an approval or a denial is appropriate. The Tree Ordinance allows the Commission's discretion to determine if either tree preservation easements or mitigation fees are required in this situation. Two resolutions are provided as follows: 1. Approve request to remove the tree impact fee (Adopt Resolution No. PC 2009- 0031— A (Approval); or, 2. Deny the request to remove the tree mitigation fee (Adopt Resolution No. PC 2009-0031 — B (Denial) SITUATION AND FACTS: 1. Property Owners 2. Applicant: 3. Project Location: 4. General Plan Designation 5. Zoning District: 6. Site Area: 7. Existing Use: 8. Environmental Document DISCUSSION: Background ITEM NUMBER: 2 DATE: 10-20-09 Don Messer, PO Box 1958, Atascadero, CA 93423, 466-0549 J. Michael Finch, 6445 N. Palm Avenue, Suite 101, Fresno, CA 93704, (559) 439-9300 Don Messer, PO Box 1958, Atascadero, CA 93423 Encino Avenue between Atajo Avenue and Chauplin Road, APN 031-091-005, 006, 008, 009, 031-092-016 SFR -Z (Single -Family Residential 1.5 — 2.5 acre minimum lot size) Zoning District: RSF- Z (Residential Single -Family 1.5 — 2.5 acre minimum lot size) 4.5. acres Two single family homes have been constructed on Lots 1 and 3. Certified Mitigated Negative Declaration 2003-0044: Notice of Determination Filed 12/18/03 The City Council originally approved Tentative Tract Map 2003-0029 on November 25, 2003. The applicant was in the process of completing project conditions and installing public improvements, when it was discovered that the Tentative Map had expired on November 25, 2005. In order to remedy the expired map, the applicant applied for a reconsideration of the map. The Planning Commission conducted a public hearing of Reconsideration #1 on November 21, 2006 and approved an extension of time (2 years) but also added new conditions requiring a tree mitigation fee of $18,233, additional road improvements, and a bond for the potential removal of one tree. The applicant is now requesting Reconsideration #2 of Tentative Tract Map 2003-0029 with a request to remove the $18,233 tree mitigation fee and reinstate the original project condition that private tree conservation easements be required as tree mitigation. The tract improvements are nearly complete, but the map has not been recorded. ITEM NUMBER: DATE: AERIAL VIEW OF SITE — 2007 Private tree conservation easements (typical) .... .... .. ........ ANALYSIS: 2 Tentative Tract Map 2003-0029 was originally recommended for approval by the Planning Commission on October 7, 2003, and was approved by City Council on November 25, 2003. The approval allowed a lot line adjustment of six (6) existing Colony lots ranging in size from 0.53 acres (gross) to 1.19 acres (gross) into six (6) re- configured lots ranging in size from 0.58 gross acres to 1.19 gross acres. The project map has not changed significantly since it was initially approved by the City Council. The applicant is requesting the tree mitigation requirement of fees, imposed by the Planning Commission in 2006, revert back to the original 2003 Council approved condition of a private tree conservation easement as acceptable mitigation for the tree removals. 1914 COLONY LOTS Atajo Road Encino Road REORGANIZED LOTS - TENTATIVE TRACT MAP LEGEND ® WnvK um. msµ. ® u,vrt. ..rn ovMn¢ © wac unm ral.prr 17 4 2 3 ITEM NUMBER: 2 DATE: 10-20-09 Blue line creek TENTATIVE TRACT MAP TRACT 2515 ITEM NUMBER: 2 DATE: 10-20-09 The project required Encino Road be constructed to a fire access road standard with a 16 foot wide surface and 2 foot base and a 20 foot wide maximum paved surface, or as built. The applicant has completed the Encino Road project improvements including retaining walls (See following photo). The site is in an area of moderate to steeply sloping hillsides in the Residential Single Family — Z (RSF-Z) Zoning District. The majority of the site is covered by coastal oak woodland with a blue line creek running parallel to Chauplin Avenue. The original 1914 Atascadero Colony map created six (6) lots and the Encino Road reservation within the project area. The applicant's original request reconfigured the six lots to minimize grading, minimize tree removals, and avoid crossing the blue line creek. The Tentative Map reconfigures the lots as shown and does not create any new lots. When the original tentative map was approved by Council, a partial abandonment of Encino Road was approved and the road was realigned to minimize grading and tree removals. The project was conditioned such that Encino Road provide a secondary emergency access for the existing and future neighborhood. Subsequently, the project has been the subject of several lawsuits brought against both the City and the applicant. The City was challenged on CEQA issues and public noticing procedures, both of which withstood the scrutiny of the court. However, the City eventually settled out of court to resolve similar citizen issues claimed in a follow up lawsuit. ITEM NUMBER: 2 DATE: 10-20-09 Native Tree Protection There were 337 trees that were surveyed and tagged for the tree inventory and most likely an additional 100 un -surveyed trees that were not impacted by the project. The original approval included 133 native trees designated for removal. Subsequently, there were discrepancies noted between the Tree Protection Plan and the inventory of trees. The City required the applicant to hire a City -supervised arborist to reconcile the discrepancies and to provide monitoring during construction. The Tree Protection Plan was amended and approved by City Council on June 22, 2005. A Tree Reconciliation Report identified twelve (12) trees that had been removed for which the applicant paid $1108 in mitigation fees plus a penalty fee. The Arborist brought up a particular tree (#1-55) which had been damaged and would possibly need to be removed. (This tree has been removed). This is referenced in the Planning Commission's 2006 staff report and any conditions of approval that were added are identified as "Additional 11-21-06 Planning Commission Conditions of approval" - see Conditions #56 through #59. Also see arborist's letters in Attachments 6 and 7 and Wilson Land Survey letter, Attachment 8, documenting tree status prior to the Planning Commission hearing in 2006. (See Attachment 3 — Recorded Tree Conservation Easement- pages 1-3). CEQA A Mitigated Negative Declaration was certified by the City Council in 2003. The project is substantially the same as the original Tentative Tract Map that was the subject of the CEQA Findings. The Tree Mitigation Fee was not imposed by the City Council with the original project because the applicant proposed an extensive Tree Protection Plan. However, the Planning Commission subsequently imposed the fee as mitigation due to the loss of some trees and need for replacement trees. In 2006, the Planning Commission found that the first Reconsideration #1 would be covered by the original Mitigated Negative Declaration. 2003 Tree Mitigation: "All tree removals shall be mitigated consistent with the Native Tree Ordinance. Project mitigation shall consist of recordation of native tree protection easements at time of final map as shown on Exhibit 8-1. Additional retaining walls shall be utilized along the southern portion of Encino Avenue to preserve as many trees as possible." 2006 Tree Mitigation: "All tree removals shall be mitigated consistent with the Native Tree Ordinance. Project mitigation shall consist of the payment of $18,233 into the native tree fund. Additional retaining walls shall be utilized along the southern portion of Encino Avenue to preserve as many trees as possible. " ITEM NUMBER: 2 DATE: 10-20-09 CONCLUSIONS: This Tract Map would have expired on November 25, 2008, however it received an automatic extension of one year with the passage of SB 1185 in 2008. It now technically expires on November 25, 2009, however, the legislature approved AB 333 this year effectively extending the Tract Map two additional years to November 25, 2011. Therefore, no extension of time is required. Site work and improvements, related to this Tentative Tract Map, have been underway since 2005. Two building permits have been issued for Lots 1 and 3 and single-family houses have been constructed. As far as can be determined, the Final Map improvements are nearly complete and the applicant plans to final the map if the reconsideration is granted. The Community Development Department has been encouraging Mr. Messer to complete any outstanding work and meet all the conditions of approval that were requirements of this Tentative Map. An approval of the applicant's request to remove the Tree Mitigation Fee condition would not change the project but would reduce the amount of fees to be collected from the applicant with a Final Map. ALTERNATIVES: 1. The Commission may approve Reconsideration #2 with additional or revised project conditions, with the appropriate findings. (Use Draft Resolution A : Attachment 9 and specify the additions or revisions in a motion). 2. The Commission may refer the item back to staff for additional analysis. ITEM NUMBER: 2 DATE: 10-20-09 ATTACHMENTS: Attachment 1 — Letter from Don Messer Attachment 2— Original Tract Map Design — 2003/City Council Attachment 3— Recorded Tree Conservation Easement (3 pages) Attachment 4— Notice of Determination Attachment 5— Mitigation/Conditions of Approval Attachment 6— A&T Arborists Letter, dated September 27, 2006 Attachment 7— A&T Arborists Letter, dated November 12, 2006 Attachment 8— Wilson Land Surveys, Inc. letter dated September 25, 2006 Attachment 9— Draft Resolution A — (Approval) Attachment 10— Draft Resolution B — (Denial) ITEM NUMBER: 2 DATE: 10-20-09 Attachment 1: Letter from Don Messer DON MESSER CONSTRUCTION P.O. BOX 1958 ATASCADERO, CA. 93422 July 16, 2009 Atascadero Planning Commission I have decided to ask the City Planning Commission- for a reconsideration of the requirement to require that I pay the $18,000 tree replacement fee, imposed on the Encino Road Project, tract Map # 2515. This tract map was approved by the previous City Council in November 2003, and the $18,233 tree fee was waived " in lieu" of the considerable amount of work that I was required to complete to save trees. I was required to extend Encino Road approximately 500ft. more than would have been required for my project. This road was to connect to the existing Encino Road, required by the city Fire Chief, to improve fire truck access in addition to creating a fire escape route for the citizens on the existing Encino Road. As part of the original approval, the City Council, at that time, including Jerry Clay, Tom O'Malley and Wendy Scalise, required that I save an additional seven trees. In order to save those seven trees, I was required to build a 180 ft. by 6 ft. concrete block wall within the original colony Encino Road, as shown on the parcel maps. I also was required to build another 200 ft. by 4 to 8 ft. wall as part of the staff review of the original plan, to save trees. It is important to know that this project was 6 original colony lots —14, 15, 19, 23, 24, 25, Blk AC and that no new lots were created. The three lots — 23, 24, 25 were realigned in order to create better building sites with less tree removal and less grading. I spent in excess of $50,000 building walls to minimize removing trees for the side slope areas of the new road. This is the first road I have seen with concrete walls within the original colony road right-of-way. I also offered five separate tree preservation easements, total of 50,000 sq. ft. to the City in lieu of the tree fee. I would not have given up the use of the tree protection areas or paid the engineering and legal costs to create those easements if I did not expect the tree fee to be eliminated. It was the previous policy of the planning department to allow mitigation of the tree replacement fee in lieu of work and cost of improvements to save trees such as 1 ITEM NUMBER DATE: 10-20-09 walls and pavers under trees to allow water percolation and air for the roots and walls to minimize the grading close to or under the tree canopy. Also creating tree preservation easements to prevent future tree removal especially in areas visible from the public roads: I have done all of the things on previous projects and had the tree removal fee waived. We thought we had the same arrangement with the city on this project. I also incurred additional cost paying for a lawsuit against the City of Atascadero, for making me extend Encino Road. In fact, I was required to defend the city and the lawsuit cost over $120,000 that I was required to pay. As you can see, this project has been a nightmare for me, and I will never get all my money back. I still own the first two homes on Encino, and now, due to the economy, the next 4 houses will cost more to build than they are worth. For your information, the city fees and water meter now cost approximately $55,000 for a 2000 sq. ft. house. I would like to point out that the City has benefited from the Encino Development: - fees on two houses and map fees - new water line connected to Portola from Atajo for better fire flow, as required by the Fire Dept. - Encino developed into a through road for fire and safety access - gas provided to end of the new Encino Road - sewer extended to serve Chauplin at Atajo It is my opinion that this project cannot sustain the additional $18,000, in addition to approximately $55,000 per house in future fees and water meters, based on the money spent to date. I would be pleased to meet with any of you on the site to accurately explain the project and review the work I have done. I would like to point out the walls I built to save the trees. Si i on esser ITEM NUMBER: 2 DATE: 10-20-09 Attachment 2: ORIGINAL TRACT MAP DESIGN — City Council/2003 Chauplin Avenue ` Blue Line Creek .81 ` II 1 I Atajo Road + V r DATL. End of Encino - ;i(t,%',;,�';' ',. L.,.f 4./♦ Road Pavement Realigned Encino Road Emergency Access +T � , t '''fir i 1 j�i�1„ ! 1 ✓i- �� Q � ��! i 16 I I 11 Y I y 'r+t'�:�` Shared Driveways H11111111... owl, 1, 1,1hi iilll 111111 II Shared Driveways _ will,* vve w { !!! I 1111!! !!!;w LqY ITEM NUMBER DATE: (Page 1 of 3) Attachment 3: RECORDED TREE CONSERVATION EASEMENT (2004) Page 6 of 8 Encino Avenue Tree Conservation Agreement Z O TREE CONSERVATION EASEMENT KEY EXHIBIT "B" EASEMENT "A": 6,206 SF (0.14 AC) Sheet 1 of 3 SEE EXHIBIT B SHEET 2 OF 3 EASEMENT "B": 5,805 SF (0.13 AC) SEE EXHIBIT B SHEET 2 OF 3 q�q EASEMENT "C": 4,124 SF (0.09 AC) SEE EXHIBIT B SHEET 2 OF 3 \ O EASEMENT "D": 32,851 SF (0.75 AC) q SEE EXHIBIT B SHEET 3 OF 3 EASEMENT ES( 24 AC) SEE EXHIBITB SHEET 3OF3 1 LOT 19 BLOCK A—C GRAPHIC SCALE' 0 50 100 ALJ 1" = 100' LOT 23 BLOCK A—C LOT 24 BLOCK A—C LOT BLOCK n D C r z D M Z M ITEM NUMBER DATE: (Page 2 of 3) Page 7 of 8 Encino Avenue Tree Conservation Agreement EXHIBIT "B" Sheet 2 of� \ \ \ ♦ ♦ \\ GRAPHIC SCALE o 50 o 4��1=5 C4 Ln PTN. LOT 13 \ c'A 4 AND LOT 14 CA N BLOCK A -C M N 54'00'00" 30.89 LOT 15 BLOCK A -C CURVE TABLE CURVE LENGTH RADIUS DELTA Cl 47.88' 185.00' 14'49'41" C2 38.16' 115.00' 19'0'53" LINE TABLE LINE BEARING LENGTH L1 N59'44'02 "W 22.64 L2 N59'18'05"W 113.05 L3 S37'12'1 YE 213.63 L4 N01'59'45"E 94.84 L5 N74'28'33"W 9.56 N60'29'03"W 7.47 S58'05'54"W 20.91 PL6 N89'02'58"W 33.56 N17'S5'29"W 33.61 S87'35'04"E 19.07 N3234'02"E 24.85 L12 S83'57'01"E 97.64 L13 Sl 3-55'3,3-W 42.14 L14 N76'00'23"W 10.83 L15 N13'55'33"E 60.91 L16 S56'34'03"En L17 S33 -26-30"E L18 N70'02'05"W L19 N76 00'23"W L20 N89'02'S8"W (Page 3 of 3) Page 8 of 8 Encino Avenue Tree Conservation Agreement LOT 19 1� BLOCK A—C 1 LOT 24 BLOCK A—C Iii ITEM NUMBER: 2 DATE: 10-20-09 EXHIBIT "B" Sheet 3 of 3 1,252 19.29 GRAPHIC SCALE 0 50 100 �-ISI 1"=50' CURVE LINE TABLE CURVE LENGTH LINE BEARING LENGTH L1 S33'26'30"E 78.61 L2 S70'02'05"E 11.52 L3 S85'37'38"E 35.23 L4 L5 N55'51'01"E I S35 -44-20"E 47.27 214.62 L6 N52'56'42"E 100.07 L7 N35'28'00"W 249.83 L8 S53'04'02"W 179.23 L9 N37'23'33"W 164.07 L10 N41'25'24"E 40.53 L11 N87'31'03"W 63.56 L12 S19'02'41"W 42.79 L13 556'34'03"E 98.68 L14 N52'01'34"W 27.75 L15 N79'44'39"E 40.03 L16 N57'51'26"E 84.54 L17 55624'23"E 88.35 L18 S53'33'02"W 122.12 L19 N56'30'11"W 21.85 L20 N48'31'57"W 45.11 1 LOT 24 BLOCK A—C Iii ITEM NUMBER: 2 DATE: 10-20-09 EXHIBIT "B" Sheet 3 of 3 1,252 19.29 GRAPHIC SCALE 0 50 100 �-ISI 1"=50' CURVE TABLE CURVE LENGTH RADIUS DELTA Cl 23.13' 85.00' 15'35'32" C2 16.16' 265.00' 3'29'37" LOT 25 BLOCK A—C 20' END OF 1019CUME-4T ITEM NUMBER: 2 DATE: 10-20-09 Attachment 4: NOTICE OF DETERMINATION (e4DORSEDI FILE COPY FILED DEC 18 1003 JULIE L RODEWALD COUNTY CLERK By Dadene A Robeds DEPUTYCLERK CITY OF ATASCADERO NOTICE OF DETERMINATION 6500 Palma Avenue Atascadero, CA 93422 805.461.5035 To: Z County Clerk, County of San Luis Obispo From: Warren Frace, City of Atascadero Subject: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code STATE CLEARINGHOUSE M N/A Applicant: Don Messer PO Box 1958, Atascadero, CA 93422, 805/466-0549 Project Title: Road Abandonment 2003-0012 Tentative Tract Map 2003-0029 Project 4.5 vacant acres located at the end of Encino Road between Atajo Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 031-091-005, 006,008,009,031-092-016 Project The proposed project consists of an application for Road Abandonment and a six lot tract map. Description: The project would result in the abandonment and realignment of a portion of Encino Road and the adjustment of six existing lots of record, no new lots would be created. The purpose of the project is to minimize hillside grading and impacts to native trees. The site is consists of steep wooded slopes with Live Oak and White Oak woodlands and a portion of an tut -named blue line creek. The project includes the removal of 133 native oak trees. General Plan Designation: SFR -Z (Single -Fancily Residential 1.5 — 2.5 acre minimum lot size) Zoning District: RSF- Z (Residential Single -Family 1.5 — 2.5 acre minimum lot size) 'Iris is to certify that the City of Atascadero, the Z lea&a ❑ responsible agency approved the above described project on July 16, 2003 and made the following determinations: I . The project ❑ will Z will not have a significant effect on the environment. 2. ❑ An Environmerrffil impact Report was prepared and certified for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency. ❑ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA and reflects the independent j udgment of the . Lead Agency. . Z A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency. 3. Mitigation measures Z were ❑ were not made a condition of the approval of the project. 4. A Statement of Overriding Considerations ❑ was ® was not adopted for this project. 5. Findings Z were ❑ were not made pursuant to the provisions of CEQA. 6. The location and custodian of the documents which comprise the record of proceedings for the Final EIR (with comments and responses) or Mitigated Negative Declaration are specified as follows: Custodian: Warren M. Frace, Community Development Director Location: Community Development Department. 6500 Palma Avenue, Atwcadero, CA 93422 Warren M. Frace, Community Development Director Date Pik TTM 2— —jOiSMD—Ida Prim ue 1vt2m32:16 PM 6500 PALMA AVENUE • ATASCADERO, CALIFORNIA 93422 • (805) 461-5035 • FAX 461-5036 IN ITEM NUMBER: DATE: 10-20-09 Attachment 5: MITIGATION/CONDITIONS OF APPROVAL — PC 2006 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation Tentative Tract Map 2003-0029 /Monitoring Measure Encino / Atajo Lot Line Adjustment PM: Parcel Map GP: GP: Grading Permit g Services BP: Building Permit BS: Building Services TO: Temporary Occupancy F0: Final Occupancy FD: Fire Department PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadeno Mutual Water Company Planning Services 1. The approval of this application shall become final, FM PS subject to the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Tract Map shall be valid for F PS two years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have FM PS the 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. 4. The boundary between lot 4 and lot 5 shall be adjusted FM PS at final map so that lot 4 has a gross area of 0.61 acres and lot 5 has a gross area of 0.99 acres. 5. The lot line between lots 2 and 3 shall be adjusted to FM PS maintain a minimum 25 -foot front yard setback to the main dwelling. 6. The construction location of each house shall be FM PS consistent with the footprints indicated on the tentative map. Generalized building construction envelopes shall be plotted on the final map 7. All tree removals shall be mitigated consistent with the On-going PS Native Tree Ordinance. Project mitigation shall consist of the payment of $18,233 into the native tree fund. Additional retaining walls shall be utilized along the southern portion of Encino Avenue to preserve as many trees as possible. 8. All construction access shall be taken off of Atajo Road. On-going PS 9. The applicant shall record CC&R's for the subdivision FM PS subject to the review and approval of the City Engineer, City Attorney and Planning Department. The CC&R's shall identify the maintenance responsibilities of all private driveways, sewer facilities, drainage facilities, ITEM NUMBER: DATE: 10-20-09 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation Tentative Tract Map 2003-0029 /Monitoring Measure Encino / Atajo Lot Line Adjustment PM: Parcel Map GP: Grading Permit PS: Planning Services g BP: Building Permit BS: Building Services TO: Temporary Occupancy FD: Fire Department F0: Final Occupancy PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadeno Mutual Water Company common parking areas, site lighting, landscape areas, fencing, and other common facilities. 10. The subdivider shall defend, indemnify, and hold Ongoing harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision 11. A tract map drawn in substantial conformance with the PM approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. ITEM NUMBER: DATE: 10-20-09 Conditions of Approval / Mitigation Monitoring Program Tentative Tract Map 2003-0029 Encino / Atajo Lot Line Adjustment Timing PM: Parcel Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy F0: Final Occupancy PI: Public Improvements Responsibility /Monitoring PS: Planning Services g BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadeno Mutual Water Company Mitigation Measure Mitigation Measure 3.b.1: The project shall be conditioned to BP BS/PS 3.b.1 comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment • Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non - taxed version suitable for use off-road). • Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. • Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are plann4ed to be reworked at dates greater than one month after initial grading should be sown with a fast -germinating native grass seed and watered until vegetation is established. ITEM NUMBER: DATE: 10-20-09 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation Tentative Tract Map 2003-0029 /Monitoring Measure Encino / Atajo Lot Line Adjustment PM: Parcel Map GP: Grading Permit PS: Planning Services g BP: Building Permit BS: Building Services TO: Temporary Occupancy F0: Final Occupancy FD: Fire Department PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadeno Mutual Water Company F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.e.1: All tree removals shall be mitigated BP PS 4.e.1 consistent with the requirements of the Atascadero Native Tree Preservation Ordinance. Mitigation Measure 4.e.2: Grading and excavation and BP PS 4.e.2 grading work shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: a) All existing trees outside of the limits of work shall remain. b) Earthwork shall not exceed the limits of the project area. c) Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. d) Vehicles and stockpiled material shall be stored outside the drip line of all trees. e) 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 ITEM NUMBER: DATE: 10-20-09 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation Tentative Tract Map 2003-0029 /Monitoring Measure Encino / Atajo Lot Line Adjustment PM: Parcel Map GP: Grading Permit PS: Planning Services g BP: Building Permit TO: Temporary Occupancy BS: Building Services FD: Fire Department F0: Final Occupancy PI: Public Improvements PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadeno Mutual Water Company place until completion of all construction activities. f) Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 4.e.3: An arborists report shall be required BP PS 4.e.3 prior to project implementation. The report shall identify each native tree proposed for removal and each tree within the project area subject to potential impact. The report shall provide recommendations for tree pruning, tree protection of existing native trees to remain, and identify native tree impact/replacement mitigation per the Atascadero Municipal Code Section 9-11.105. Mitigation Measure 4.e.4: The developer shall contract with a FO BS/PS 4.e.4 certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining an arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing shall be installed for inspection during the meeting. (c) As specified by the arborist report and City staff: ■ Prune all trees to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on- site arborist. ■ Apply any additional recommendations of the project arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the status of theproject's impacted trees and their ITEM NUMBER: DATE: 10-20-09 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation Tentative Tract Map 2003-0029 /Monitoring Measure Encino / Atajo Lot Line Adjustment PM: Parcel Map GP: Grading Permit PS: Planning Services g BP: Building Permit BS: Building Services TO: Temporary Occupancy F0: Final Occupancy FD: Fire Department PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company viability, which may require additional payment into the tree mitigation fun. The trees designated for protection were protected during construction, and the construction - related tree protection measures are no longer required for tree protection. Mitigation Measure 6.b.1: All disturbed areas, not shown on BP BS/PS 6.b.1 the project landscape plan for landscaping shall be 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. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked out on to Chauplin Avenue and/or the private access drive by construction vehicles. Mitigation Measure 6.b.2: The grading permit application BP BS/PS 6.b.2 plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.d.1: A soils report shall be required to BP BS 6.c.d.1 be submitted with a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. The property contains no unusual geological formations. Mitigation Measure 6.e.1: Percolation tests are required in the BP BS 6.e.1 City of Atascadero before building permits for residences can be issued. Mitigation Measure 8e.f.1: A Storm Water Pollution Prevention GP BS/PS/CE 8.0.1 Plan (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for GP BS/PS/CE 8.0.2 ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.d.1: All construction activities shall BP BS/PS 11.d.1 comply with the City of Atascadero Noise Ordinance for hours of operation. ITEM NUMBER: DATE: 10-20-09 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation Tentative Tract Map 2003-0029 /Monitoring Measure Encino / Atajo Lot Line Adjustment PM: Parcel Map GP: Grading Permit PS: Planning Services g BP: Building Permit BS: Building Services TO: Temporary Occupancy F0: Final Occupancy FD: Fire Department PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadeno Mutual Water Company City Engineering Drainage Conditions: 12. . Encino Road shall be constructed to a fire access road IP CE standard with a 16 -foot wide paved surface and 2 foot base or payed shoulders on both sides of the road to provide a total clear width of 20 -feet. No vehicular barriers shall be installed at any point along Encino Road. This road will connect from Atajo Ave to existing paved Encino Ave. The Road shall be in an easement for access and drainage. 13. The applicant must provide for the maintenance this section FM CE of Encino Road. This shall include the road surface, banks, berms, drainage facilities and any other improvements that are required for the road. The two methods that may be used are: a. Homeowners Association. This private organization would be responsible for the maintenance, repair and replacement of the facilities.. b. Benefit Maintenance District. Funds for the maintenance, repair and replacement of the facilities would be collected on the property tax bill and distributed to the City. The City would use the funds to maintenance the improvements. 14. The driveways off Encino Ave that serve building sites on FM CE lots 1, 3, 5 and 6 are private and shall be the responsibility of the owners to maintain. A driveway maintenance agreement shall be recorder simultaneously with the recordation of the final map.. 15. All public improvements shall be constructed in conformance IP CE with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. City Engineer Drainage Conditions: 16. The Storm Drain that is proposed through Lots 1 and 3 FM CE is the responsibility of the property owners to maintain and keep clear. A drainage maintenance agreement shall be recorder simultaneously with the recordation of the final map. A drainage easement shall be recorded on the final map to allow the upstream flow to be ITEM NUMBER: DATE: 10-20-09 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation Tentative Tract Map 2003-0029 /Monitoring Measure Encino / Atajo Lot Line Adjustment PM: Parcel Map GP: Grading Permit PS: Planning Services g BP: Building Permit BS: Building Services TO: Temporary Occupancy F0: Final Occupancy FD: Fire Department PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadeno Mutual Water Company passed through. If a homeowner association is formed this may be maintained by it. 17. Obtain approval by the City Engineer of the grading & IP CE drainage plan and the storm drain design & facilities. 18. Submit calculations to support the design of any IP CE structures or pipes. Closed conduits shall be designed to convey the 10 -year flow with gravity flow, the 25 -year flow with head, and provide safe conveyance for the 100 year overflow. The calculations shall prove no negative impacts to the downstream drainage system or properties. 19. Show the method of dispersal at all pipe outlets. Include IP CE specifications for size & type. 20. Show method of conduct to approved off-site drainage IP CE facilities. 21. Concentrated drainage from off-site areas shall be IP CE conveyed across the project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. City Engineer Road Abandonment 22. The Colony Right of Way for Encino Ave. may be FM CE abandoned through lots 14, 15 and 19. The Right of Way will be left on lots 23, 24, 11, 12, 13. The new Encino Ave will be offered as a Public Access and utility easement. The abandonment and the easements may be recorded on the final map. City Engineer Wastewater 23. All sewer mains and laterals on this project are private. FM CE The sewer mains are the responsibility of the private property owners to maintain. A sewer main maintenance agreement shall be recorder simultaneously with the recordation of the final map. The easement for the sewer mains shall be on the final map and in favor of the properties served. If a homeowner association is formed this may be maintained by it. 24. The tentative map proposes a sewer lateral to be IP CE suspended above a creek flow line. Every effort shall be made to construct this facility underground. Profiles of ITEM NUMBER: DATE: 10-20-09 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation Tentative Tract Map 2003-0029 /Monitoring Measure Encino / Atajo Lot Line Adjustment PM: Parcel Map GP: Grading Permit PS: Planning Services g BP: Building Permit BS: Building Services TO: Temporary Occupancy F0: Final Occupancy FD: Fire Department PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadeno Mutual Water Company this line shall be submitted with the improvement drawings. If the line cannot feasible be constructed underground, the crossing shall be designed to Public Works Standards. This will include headwalls. 25. All Wastewater facilities shall be designed and install to IP CE the City Engineering Standards. City Engineer Easements & Property Conditions 26. The final map shall have easements for access, FM CE drainage and utilities. STANDARD CONDITIONS 27. All public improvements shall be constructed in FM CE conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 28. In the event that the applicant is allowed to bond for the public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 29. An engineer's estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. 30. The Subdivision Improvement Agreement shall record concurrently with the Final Map. 31. The applicant shall enter into a Plan Check/inspection agreement with the City. 32. The applicant shall be responsible for the relocation and/or alteration of existing utilities. 33. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 34. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 35. The applicant shall acquire title interest in any off-site land that may be required to allow for the construction ITEM NUMBER: DATE: 10-20-09 Conditions of Approval / Mitigation Monitoring Program Tentative Tract Map 2003-0029 Encino / Atajo Lot Line Adjustment Timing PM: Parcel Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy F0: Final Occupancy PI: Public Improvements Responsibility /Monitoring PS: Planning Services g BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Mitigation Measure 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. 36. Slope easements shall be provided as needed to accommodate cut of fill slopes. 37. Drainage easements shall be provided as needed to accommodate both public and private drainage facilities. 38. The final map shall be signed by the City Engineer prior to the map being placed on the agenda for City Council acceptance. 39. Prior to recording the tract map, the applicant shall submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 40. Prior to recording the tract map, the applicant shall set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 41. Prior to recording the tract map, the applicant shall pay all outstanding plan check/inspection fees. 42. Prior to recording the map, the applicant shall complete all improvements required by these conditions of approval. 43. Prior to recording the tract map, the applicant shall have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the map. 44. Upon recording the final map, the applicant shall provide the City with a black line clear Mylar (0.4 mil ITEM NUMBER: DATE: 10-20-09 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation Tentative Tract Map 2003-0029 /Monitoring Measure Encino / Atajo Lot Line Adjustment PM: Parcel Map GP: Grading Permit PS: Planning Services g BP: Building Permit BS: Building Services TO: Temporary Occupancy F0: Final Occupancy FD: Fire Department PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadeno Mutual Water Company copy and a blue line print of the recorded map. 45. Prior to the final inspection of any public improvements, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 46. Prior to the final inspection, the applicant shall submit a written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 47. An encroachment permit shall be obtained prior to any work within City rights of way. 48. Prior to issuance of building permits, the applicant shall submit a grading and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. Atascadero Mutual Water Company (AMWC): 49. Prior to recordation of the final map, the applicant shall IP AMWC submit plans for review and approval by AMWC for all existing and proposed water distribution facilities that provide water service to the proposed lots. All new water distribution facilities shall be constructed in conformance with Atascadero Mutual Water Company Standards. 50. Prior to recording the parcel map the applicant shall FM AMWC obtain a "Will Serve" letter from Atascadero Mutual Water Company. 51. Prior to the start of construction, the applicant shall pay IP AMWC all installation and connection fees required by the Atascadero Mutual Water Company, or enter in to a "deferred connection" agreement. 52. The final map shall note that AMWC, reserves and FM AMWC retains all rights and privileges granted to it, among other things, to construct and operate water facilities over, along, upon and through the subject roadway alignment, by that certain Deed, dated October 20, 1914, and recorded in the Office of the County Recorder, County of San Luis Obispo, State of California, in volume 113, at page 56. ITEM NUMBER: DATE: 10-20-09 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation Tentative Tract Map 2003-0029 /Monitoring Measure Encino / Atajo Lot Line Adjustment PM: Parcel Map GP: Grading Permit PS: Planning Services g BP: Building Permit BS: Building Services TO: Temporary Occupancy F0: Final Occupancy FD: Fire Department PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadeno Mutual Water Company 53. All water distribution facilities shall be constructed in FM/IP AMWC conformance with AMWC standards, policies and approved procedures and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross connection devices shall be constructed in conformance with AWWA and California Department of Health Services standards. Fire Department Conditions 54. A fire road connection without a barrier shall be IP FD provided between Atajo Road and the existing end of pavement on Encino Road 55. Provide approved fire hydrants as required by the fire IP FD chief. Additional 11-21-06 Planning Commission Conditions of approval 56. Retaining walls located along Encino Road shall be IP CD covered with an earth tone color coated stucco. 57. Numerous trees have broken limbs cause by the tree IP CD felling. All broken limbs and stubs through out the project site shall be pruned using proper arboriculture cuts. 58. The applicant shall submit a bond for the potential IP CD removal of tree 1-55. The bond amount shall include the cost of removal and the impact fee. This tree shall be monitored by the project arborist for a period of 2 years. The bond may be released after this period if the arborist determined the tree is in good health. 59. Tree 1-137 shall be removed by the applicant prior to IP CD recording the final map. The applicant shall replant two (2), 5 -gallon native live oak trees in the vicinity where soils are adequate. Temporary irrigation of the trees shall be provided for 2 years. \\Cityhall\CDvlpmnt\- TTM - Tentative Tract Maps\TTM 03\TTM 2003-0029 Encino Road; Messer\TTM 2003-0029.PC-SR.9-16-03.wmf.doc ITEM NUMBER: DATE: Attachment 6: A & T ARBORIST LETTER, September 27, 2006 9-27-06 Karry Marguson Messer ProjeU We ro visitod the entire site to address some published concdms regarding the on Don Messrs Encino Road Project Some general findings are as follows: 10-20-09 OCT 12 2006 4MUilITY DEVELOPMENT Small trees that were previously suppressed tear Encino Road are now sed to Rill sunli& in many cases. We are noticing induced epicormic growth to the changes in light. ion Trees on the periphery (adjacent to removals) had extensive deadwood 4 ue to the suppression from the removed tress. The deadwood on these trees is as ural and not construction induced. Prior to construction. this was a very dense fc rest. There will be some microclimwe changes due to the removed trees. remnants Numerous trees along the road have broken limbs caused by the initial C cc felling. Everrtially, all stubs should be pruned using proper arboricultm cuts. There are also some specific trees that may need to be addressed They on as Tree I-137 is %small 3 stern live oak below Ms. Cindy Saucer's home. is tree has two dead tnmks (4" each) and one li ve trunk. One stem was dead p ior to any construction impacts. The second dead stem may be a result of construc ion impacts. The top of the third stern has beers broken most 11cly due to tf t tree felling for the road. This .vas a very suppressed tree to begin with, homq ver, it should have been able to survive the impacts. There were no roots prun from this tree during the wall excavation. The soil was kept moist with carpe remnants until the wall was backfilled. There may have been some loss in capilla y action due to the wall excavation. The remaining portion of the tree may survi e. Tree I-55, also a live oak, is located near the wall behind the second con pleed home. During the wall excavation, wa pruned 2 two inch roots and the is were kept moist. The tree exists on a steep slope and although it is close to wall, actual soil excavation was minor as was root loss. Currently, the tree is its leaves which is not norrttal for the species. Tice tree appears it will die. w•o weeks ago when we inspected this home for the final occupancy letter, tree appeared healthy. After closer inspection, a large gash exists at the base f the tree. Approximatley. a 12 r 12 inch section of bark has been ripped fm k the tr=. Inspection of adjacent trees revealed dr cause. A large 20" diameter lin b ' • • naturally faiied from -um i -I 17. In addirlem to daMaging tht hbme, the t ki b - ripped the bark from tree 1-55. The reduction in cambium appear% to be verely stressing tree 1-55. There is a strong correlation with the failure and the allowing of the leaves. We would expect to see construction impacts to the tree ' the leak of the warm season but that is not the case. Tree 1-55 is already a weals e. It has signs of a massive failure on the south side from many yews ago. I rreath ITEM NUMBER: DATE: 10-20-09 the tom bark are the signs (white mycelium) of oak root fangts that has Oen attacking the tree fox years. The limb faliix►g is most likely not enough of = impact to kill the tree. However, the cumulative effects of oonstruud oak rflot fungus stress and the large missing section of the cambium may be the c+suse. We oannot be certain. 1 Chip Tamagai Certified' st #WE 6436-A Steven G. Certified Arborist ME 0511 ITEM NUMBER: DATE: 10-20-09 Attachment 7: A & T ARBORISTS LETTER, November 12, 2006 A do T ARBORISTS P.Q. BOX 1311 TEMPLETON, CA 93465 (805) 434-0131 11-12-06 Warren Frace Community Development Director City of Atascadero Re: Don Messer, Encino Road Project Dead Tree NOV 13 M6 CDMb+ MnY DEVEIAPMW Background Information: In order to build the Encino Road extension, a retaining wall was required along portions of the south side of the road for bank stabilization. Tree I- 137 (photo #1) is located above the wall. The tree was protected during construction with fencing along with wetted carpet on the cut bank below the tree. Two small roots were pruned during the wall excavation. The total diameter for the three stem tree is 13". Assignment: Determine the contributing factors that may have led to the death of the tree and recommend proper mitigation. Observations: This particular tree was historically suppressed from the larger trees removed for road construction. The tree has three separate trunks (stump sprouts) arising from an older stump (photo #2). This stump may be all that's left from a fire that passed through the area some time ago. Normally trees that grow as a result of a stump sprout are relatively weakly attached at the base and usually become more of a hazard than an acorn grown tree. The top of one of the live stems was damaged during the felling of a larger nearby tree. The tree (I-137) is dead and will not recover. Thereare signs of decay in the center of the trunk. The tree was exposed to more sunlight when nearby larger trees were removed. The soil has high shale content in this area and replanting in the same location is not recommended. A planting site slightly uphill may be more beneficial to long-term tree health. Testing and Analysis: No testing was performed. Conclusions: The tree was not in prime condition before the construction began. The tree was stressed due to the one dead stem. Additional stress may have been caused by the wall excavation. There is decay in the center of the main trunk that would have led to pre -mature death, To determine the exact cause of death would most likely require some root crown inspection and tissue sampling. ITEM NUMBER: 2 DATE: 10-20-09 Attachment 8: WILSON LAND SURVEYS, INC. LETTER - SEPT. 25, 2006 Wits on Lahr lirte`gs�, , 6. C- Morro RcxAd, Atieadere CA 93422 X05 6-2445 4' 805 A" 12)email keitw w8modnulsmveys-ovwn '`tiiiGml:: y, ` nple:ribet 25, 2006 TO: r )oxi, Ivl oss-r ConsmllC ion °'alaje t Tree Survey for Tract 2515 L�cryti Mr. m el - e undersumd thax there w seine trs on this pmjca that were not sh0,. c ecdy @u 140 -Griginral set ofplar u and we Would lila to explainwhy k'if6t, -44= We did the gri,ginal topu9zaWh10 survey beteg in Much 1996 (Job Number J-129) we located trre-es, that were 4' or gremr dbh. Tian beginning of toad "=Uuctian mas Augutvt 4, 20:0.5, Th�mrgrc, quer 8 years had PLUIed. card some of the trees that were p=vjously fess than 4" had grown to a siim greater than 4". fit the time: of 00usauctacm. these trees were found mmd subsequently added to the tree IDCWdDnt surVev wid protcct.ion llst. mese were Labeled on the Mbit with a red' s:_ Second, because This parcel was a_ steep, brushy hillside: with thick vines ofpoison a. k. our {,u 'e;fors had a 41fFiciult ti W Makin sv[v ifi I CV%Y tree %%8z located. So. at the time of ccr:nuctioFr itwas discovered that 5 adoiit onal tees that were necessaxytot+e rt r.mo ecl 'i a.j not been located with theorxgirW :-WVOY. Thtse were labeled -On the e-.xhy~'t with a red "M". incident;illythmv.'ere aboat 3 M t=ees than -Arere lncaieH ,r, Tlis Projects % c did prop 'ly locate 98% of the L -e,, on this difficult :Lot .appy with this bust riot overly disappointed either. Third, one tee labeied v ith a red v4�as c ri .7 - tly sham as art impactad tree, '%Vc 11ad drought that it c-0uid have born pre coed but it: Nxas tow close tz tht w'all footing s.a d removal was requited. rourkh, when we received approvaL for the conswaction drawings for the road, drivevmy and building sato iraprovemnts for this tract impacted t s•list was tamed an the review of the M-bc, ist who signed tine plans (Art T cmn), His list was based on his undcrst�nding of the current procedures fw esLtbli g tree protection re-quirenrents for projects nthin the City of tascadero. Tbe: City approved our plan an4 rbc permit w .issued.. ftr r0ne�t action began tlxe mi Pring trees er bre_+u Fat rw the ar4c_,t't �n oftbe developer, Mr. Me hit =Cther arborist to c-owinue tht tr'Cc Tllozl;tt}ring -,I-id they determ and that addiiticrn l trees other than the impacted tr S rre-nti� shown were 96irks to be imparted by the consttuctitm, it should be noted that whethci- c r not a tree is impacted by C4011-Structz t is &a Opinion made by the axbOxist based no his lc;owledge a -td ITEM NUMBER: DATE: 10-20-09 After the preliminary grading and tree removal documents had been approved by city staff, the City Council required the preservation of additional trees as a condition of their approval_ These trees (which were originally to be removed) are shown on the tree removal list with a line through them: It includes S ties that-%vere preserved'by the construction of retaining walls along the %wst side of Encino Road and labeled with a "S" green . R ith regard to our oven reputation for honesty- and integrity I would like to say the following. It is our policy that when Ae arrive at a site, we locate all trees 4" dbh or greater, no exceptions. We train our employees to be extremely careful in their work, especially vvben it comes to trees due to the great v,alue that the community has put on trees recently. Understandably, we have at times missed certain trees because of human error. However, we have never knowingly deleted or not shown a tree that %r- knew was in existence even though quite a fe;k uu►cs property owners have requested that we do so_ Mr. Messer and I have worked togeth-- cr: projects. for th; past 21, yeac-4- mrd- ne has never tried to coerce us to misrepresent any information shown on his plans, including trees. Ken Wilson Wilson Land Surveys LS 5571 Expires 9-30-07 ITEM NUMBER: 2 DATE: 10-20-09 Attachment 9: DRAFT RESOLUTION NO. 2009-0031 (A) (Approval) DRAFT RESOLUTION 2009-0031-A A RESOLUTION OF THE ATASCADERO PLANNING COMMISSION TO RECONSIDER CONDITIONS OF APPROVAL BY AMENDING CONDITION # 7 OF THE TENTATIVE TRACT MAP 2003-0029 AND REMOVE THE REQUIREMENT FOR A TREE IMPACT FEE OF $189322.00 (TTM 2003-0029 / Messer) WHEREAS, an application has been received from Don Messer, PO Box 1958, Atascadero, CA 93423 (Property Owner/Applicant) and J. Michael Finch, 6445 N. Palm Avenue, Suite 101, Fresno, CA 93704 (Property Owner), to reconsider the Conditions of Approval for Tentative Tract Map 2003-0029 by amending Conditions # 7, to wit: "All tree removals shall be mitigated consistent with the Native Tree Ordinance excepting no tree protection fee will be required. Project mitigation shall consist of recordation of native tree protection easements at time of final map as shown on Exhibit B-1. Additional retaining walls shall be utilized along the southern portion of Encino Avenue to preserve as many trees as possible;" and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0044 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA) from August 27, 2003 to September 16, 2003; and, WHEREAS, the site's General Plan Designation is SFR -Z (Single -Family Residential 1.5 — 2.5 acre minimum lot size); and, WHEREAS, the site's Zoning District is RSF- Z (Residential Single -Family 1.5 — 2.5 acre minimum lot size); and, WHEREAS, the Atascadero Planning Commission, at a Public Hearing held on October 20, 2009, studied and considered the request to modify the condition requiring the payment of tree mitigation fees; and, WHEREAS, the original approval for Tentative Tract Map 2003-0029 (Tract 2515) did not include a tree mitigation fee imposed by the Ciiy Council on November 25, 2003; and, WHEREAS, the applicant is requesting reconsideration of the November 21, 2006 Planning Commission's imposition of a tree miti a tion fee requirement with this Tentative Tract Map; and, ITEM NUMBER DATE: 10-20-09 WHEREAS, a timely and properly noticed Public Hearing for the subject reconsideration #2 of the tree miti a tionfee was held by the Planning Commission of the City of Atascadero on October 20, 2009 at which hearing evidence, oral and documentary, was admitted on behalf of said amendment to condition #7; and, WHEREAS, the proposed reconsideration #2 is the same project that was previously analyzed under Certified Mitigated Negative Declaration 2003-0044, and therefore is consistent with the environmental document; and, WHEREAS, the applicant has completed the public improvements to Encino Road; and, NOW, THEREFORE, the Planning Commission takes the following actions: Section 1. Findings of Approval for Amendment to Condition # 7, the Atascadero Planning Commission finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat because specific mitigation is applied including the permanent dedication of Tree Protection Plan to maintain existing forestation throughout the project. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. 8. Mitigated Negative Declaration 2003-0044 was certified by the City Council on November 25, 2003 in compliance with CEQA, and the proposed project is consistent with this environmental document. ITEM NUMBER DATE: 10-20-09 Section 2. Approval. The Planning Commission, in a regular session assembled on October 20, 2009 resolved to approve reconsideration #2 consisting of an amendment to remove tree mitigation fees associated with Condition # 7 of Tentative Tract Map 2003-0029: 1. Exhibit A: Tentative Tract Map 2003-0029 2. Exhibit B-1, B-2: Tree Protection Plan and Inventory 3. Exhibit C: Revised Condition #7 language as follows: "All tree removals shall be mitigated consistent with the Native Tree Ordinance excepting no tree protection fee will be required. Project mitigation shall consist of recordation of native tree protection easements at time of final map as shown on Exhibit B-1. Additional retaining walls shall be utilized along the southern portion of Encino Avenue to preserve as many trees as possible." On motion by Commissioner and seconded by Commissioner the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO Chairperson ATTEST: Warren Frace Planning Commission Secretary ITEM NUMBER: 2 DATE: 10-20-09 Exhibit 1 — Tentative Tract Map 2003-0029 (TR 2515) 6D � /i •-/rrr y rrr rjJ JJf�-a.~_ir �d/r.. � � str? c3 '�a as I! 14 gas s/i' ��.-' s�y -_z✓ j`= :� fl,r�r: 'ri d��� �j • �"�'$�-: _--_-=iii ?r i'. � � � fJ7 � �@ �eF � ,`j rir�J � rr.•,, r G� Cay.^—!J'.',", �i��i'.:'^ '-._'% J �ii'i f F .b �`Se �>fl '/%i/��r' /!r•'i/,/ ,�: r,t.ra 7%%�i_.'� "'T- I/r�iii'j r,s i, Y / //r rrr/J ,f i �1rt /Tj/�„��•'r�i..i'r"'v � '!/i✓rr'`r, rrr f YY�aba p //�rii'r r,rf // � rr r'r y`♦ ♦ l f r'riS�ii ,,� ^„ si r �� � / A �- ❑i O _bG /r fJj /,/, /r rrr ! ! ♦ , l ririi/ �$r � rrr � sir/i,r/+rJ rr/' r Fi/i ' /'S /i'! /r / rr �_..J J I o�r�r�'a��y��k :%•C�' . !1f' r .I rii/'i'/ � r ri �r �r ' � r r�/,'rii rrri'3,�!� .Fi rr �rr!!J, / ,.y,'riiri �±�ri,'.•,Y� i ��, /[4.i/ . 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ITEM NUMBER: 2 DATE: 10-20-09 Exhibit 2: TREE PROTECTION PLAN AND INVENTORY (B-1 and B-2) (Page 1 of 2) Exhibit 2 — Inventory (Page 2 of 2) E F. h 1! x L b .ir. :`3 CAL, ITEM NUMBER: 2 DATE: 10-20-09 -g M 0 ZZ Ift fg g gg H1 Hi V41 m I J g Nfi,g 13fli-W1,11 i 110 3 iR IN H I I P- L" 'U iR fP@'fill ME mij, S -g M 0 ZZ Ift fg g gg H1 Hi V41 m I J g Nfi,g 13fli-W1,11 i 110 3 iR IN H I I P- L" 'U mij, S iq J 143,11 13 13311, q 41 5 S S' -g M 0 ZZ Ift fg g gg H1 Hi V41 m I J g Nfi,g 13fli-W1,11 i 110 3 iR IN H I I P- L" 'U ITEM NUMBER: DATE: 10-20-09 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation Tentative Tract Map 2003-0029 /Monitoring Measure Encino / AtaJ � 'o Lot Line Adjustment PM: Parcel Map GP: Grading Permit PS: Planning Services BP: Building Permit TO: Temporary Occupancy BS: Building Services FD: Fire Department F0: Final Occupancy PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Planning Services 1. The approval of this application shall become final, FM PS subject to the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Tract Map shall be valid for FM PS two years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have FM PS the 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. 4. The boundary between lot 4 and lot 5 shall be adjusted FM PS at final map so that lot 4 has a gross area of 0.61 acres and lot 5 has a gross area of 0.99 acres. 5. The lot line between lots 2 and 3 shall be adjusted to FM PS maintain a minimum 25 -foot front yard setback to the main dwelling. 6. The construction location of each house shall be FM PS consistent with the footprints indicated on the tentative map. Generalized building construction envelopes shall be plotted on the final map 7. All tree removals shall be mitigated consistent with On-going PS the Native Tree Ordinance exceptinq no tree protection fee will be required. Project mitigation shall consist of recordation of native tree protection easements at time of final map as shown on Exhibit B-1. Additional retaining walls shall be utilized along the southern portion of Encino Avenue to preserve as many trees as possible. (Amended by PC on October 20, 2009) Cityhall\cdvlpmnt-pre06.TTM2003-0029Reconsideration#2. PC-SR.10-20-09 ITEM NUMBER: 2 DATE: 10-20-09 Attachment 10: DRAFT RESOLUTION NO. 2009-0031- (B) (Denial) DRAFT RESOLUTION 2009-0031— B A RESOLUTION OF THE ATASCADERO PLANNING COMMISSION TO DENY REQUEST TO AMEND CONDITION # 7 OF TENTATIVE TRACT MAP 2003-0029 (TREE MITIGATION FEE $18,233.00 TO REMAIN IN PLACE) (TTM 2003-0029 / Messer) WHEREAS, an application has been received from Don Messer, PO Box 1958, Atascadero, CA 93423 (Property Owner/Applicant) and J. Michael Finch, 6445 N. Palm Avenue, Suite 101, Fresno, CA 93704 (Property Owner), to reconsider the Conditions of Approval for Tentative Tract Map 2003-0029 by amending Conditions # 7 to remove a Tree Mitigation Fee in the amount of $18,233.00; and WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0044 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA) from August 27, 2003 to September 16, 2003; and, WHEREAS, the Atascadero City Council, at a Public Hearing held on November 25, 2003, studied and considered TTM 2003-0029, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, WHEREAS, the Atascadero City Council, after hearing evidence, oral and documentary, certified the Mitigated Negative Declaration prepared for the project; on November 25, 2003; and, WHEREAS, the Atascadero City Council, after hearing evidence, oral and documentary, approved Tentative Tract Map 2003-0029 (Tract 2515) on November 25, 2003; and, WHEREAS, a Notice of Determination for the project's Certified Mitigated Negative Declaration was filed with the San Luis Obispo County Recorder on December 18, 2003; and, WHEREAS, the applicant is requesting reconsideration #2 of the November 21, 2006 Planning Commission's imposition of a tree mit i afee requirement in addition to the Tree Preservation Projzram established with this Tentative Tract Map; and, WHEREAS, a timely and properly noticed Public Hearing for the subject reconsideration of the tree miti ag tion efee was held by the Planning Commission of the City of ITEM NUMBER: 2 DATE: 10-20-09 Atascadero on October 20, 2009 at which hearing evidence, oral and documentary, was admitted on behalf of said amendment to condition #7; and, WHEREAS, the proposed reconsideration #2 is the same project that was previously analyzed under Certified Mitigated Negative Declaration 2003-0044, and therefore is consistent with the environmental document; and, NOW, THEREFORE, the Planning Commission takes the following actions: Section 1. Findings of Denial for Amendment to Condition # 7, the Atascadero Planning Commission finds as follows: 1. The requested reconsideration of condition #7 to remove the requirement for tree mitigation fees is inconsistent with required Tract Map Finding #2 which states that "the design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements; "and, 2. The requested reconsideration is inconsistent with the tree mitigation requirement of Section 9-11.105 (d) (4) of the Atascadero Zoning Ordinance. Section 2. Denial The Planning Commission, in a regular session assembled on October 20, 2009 resolved to deny the reconsideration of an amendment to remove tree mitigation fees associated with Condition # 7 of Tentative Tract Map 2003-0029. On motion by Commissioner and seconded by Commissioner , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO Sandy Jack Chairperson ATTEST: Warren Frace Planning Commission Secretary