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HomeMy WebLinkAboutPC_2009-12-15_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, December 15, 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 OCTOBER 20, 2009. City of Atascadero Planning Commission Agenda Regular Meeting, December 15, 2009 Page 2 of 4 2. APPROVAL OF THE 2010 PLANNING COMMISSION MEETING SCHEDULE 3. APPROVAL OF THE FINAL RESOLUTION AND CONDITIONS OF APPROVAL FOR PLN 2009-1333, CUP AMENDMENT AND TREE REMOVAL PERMIT FOR 2600 RAMONA ROAD AND 6075 CONEJO ROAD. 4. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON NOVEMBER 17, 2009. COMMUNITY DEVELOPMENT STAFF REPORTS - NONE PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name and address for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 5. PLN 2099-0626, TENTATIVE TRACT MAP AND TREE REMOVAL PERMIT FOR 9080 SAN RAFAEL ROAD Property Weston O'Reilly, 67297 Sargents Rd., San Ardo, CA 93450 Owner/Applicant: Project Title: PLN 2099-0626/TTM 2006-0085/TRP 2009-0133 Project Location: 9080 San Rafael Road, Atascadero, CA 93422 APN 045-353-023 (San Luis Obispo County) Project Description: The project consists of an application for a Tentative Tract Map to create five (5) residential parcels on an existing lot of record. The existing lot is 14.17+ acres with an average 5.79 % slope for the 5 parcels. The parcels will be 3.25 acres, 2.73 acres, 2.75 acres, 2.72 acres and 2.72 respectively. Seventeen (17) native Blue Oaks, Valley Oaks, and Live Oaks totaling 232 inches DBH are proposed for removal. The proposed residences will take access from San Rafael Road and will be served by on-site septic systems. General Plan Designation: RE (Rural Estates) Zoning District: RS (Residential Suburban) Proposed Based on the Initial Study prepared for the project, a Mitigated Negative Environmental Declaration (MND) is proposed. The MND is available for public review at 6907 EI Determination: Camino Real from 8:30 a.m. to 5:00 p.m., Monday through Friday. City of Atascadero Planning Commission Agenda COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT Regular Meeting, December 15, 2009 Page 3 of 4 The next regular meeting of the Planning Commission is scheduled for January 5, 2010, at City Hall, Council Chambers, 6907 El Camino Real, Atascadero. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to this public hearing. City of Atascadero Planning Commission Agenda Regular Meeting, December 15, 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 NUMBER: 1 DATE: 12-15-09 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting - Tuesday, October 20, 2009 — 7:00 P.M. City Hall Council Chambers 6907 EI Camino Real, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Jack called the meeting to order at 7:00 p.m. and Commissioner Bentz led the Pledge of Allegiance. Rr)I I rAI I Present: Chairperson Jack, Vice Chairperson Moreno, Commissioners Bentz, Colamarino, Schmidt, Sturtevant, and Ward Absent: None Others Present: Recording Secretary Annette Manier Staff Present: Community Development Director Warren Frace, Contract Planner Mimi Whitney, and Deputy Director of Public Works/Engineering David Athey. APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Commissioner Sturtevant to approve the agenda. Motion passed 7:0 by a roll -call vote. PUBLIC COMMENT - None Chairperson Jack closed the Public Comment period. PC Draft Minutes of 10/20/09 Page 1 of 6 PLANNING COMMISSION BUSINESS - None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON SEPTEMBER 1, 2009. MOTION: By Vice Chairperson Moreno and seconded by Commissioner Bentz to approve the Consent Calendar. Motion passed 6:0 by a roll -call vote. (Colamarino abstained) PUBLIC HEARINGS 2. RECONSIDERATION OF PLN 2099-0912, AMENDMENT OF PROJECT CONDITION #7 OF TENTATIVE TRACT MAP 2003-0029 ON ENCINO AVE. 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 Description: 2003-0029, 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 Director Warren Frace introduced Mimi Whitney, Contract Planner, and said she would be making tonight's presentation. Mimi gave the staff report and asked the Commission to consider either approval or denial of the reconsideration. PC Draft Minutes of 10/20/09 Page 2 of 6 DISCLOSURE OF EX PARTE COMMUNICATIONS: • Commissioner Ward visited the site and spoke with Mr. Lee Swam, a neighbor, who helped him locate the site. • Commissioner Colamarino visited the site yesterday and spoke with no one. • Commissioner Bentz visited the site today and also spoke with Mr. Lee Swam. • Chairperson Jack visited the site on Sunday. Several months ago, Don Messer called him about the project, and Chairperson Jack suggested to him that if he had an issue, the appropriate action would be to bring it back to the Planning Commission. He spoke with no one at the site. • Vice Chairperson Moreno visited the site today and spoke with no one. • Commissioner Sturtevant visited the site and spoke with no one. • Commissioner Schmidt visited the site and had a phone discussion today with Director Frace. He also received the letter from Chris Marchand as did the rest of the commissioners. (Exhibit A) Chairperson Jack asked Director Frace to re -iterate exactly what the Commission was going to hear tonight, so there is a clear understanding. Director Frace explained that the item noticed was only Condition #7, the condition that required tree mitigation in the form of a fee paid to the City in the amount of $18,233.00. The Commission's job is to consider the request to approve it, deny it, approve it with changes, or send it back to staff for analysis. Director Frace answered questions from the Commission. PUBLIC COMMENT Don Messer, Applicant, 5425 Ardilla Road, thanked the Commission for taking the time to hear this project. Mr. Messer stated that he started this project years ago with Chauplin Road being built under the County. He extended sewer on Chauplin Road for this project, as well as other houses he built there. He built retaining walls after the project went through the hearing process. He made Encino a through -road because he had 6 lots, which made his project a Tract Map. He also did a Lot Line Adjustment to attempt to save trees. He explained that the Fire Chief had given a presentation on why Encino should be a through -road, and Mr. Messer agreed that it would be the best thing to do, so he put forth a lot of money in saving trees, building walls, and creating a tree preservation conservation easement. He spent in upwards of $50,000 on the retaining walls and $20,000 on engineering. The City also benefited because he installed fire water to connect from Portola Road, and he installed gas to old Encino. He did everything that was required by the City, and felt he and the City had an agreement, so the City should do their part to waive the tree fees. Mr. Messer answered questions from the Commission. Chris Marchand, 793A E. Foothill Blvd. 190, San Luis Obispo, stated that he owns vacant land in Atascadero. He believes Mr. Messer should pay the full amount and asked the Commission to deny his request. Mr. Marchand read his letter in opposition to waiving the fees. (Exhibit A) PC Draft Minutes of 10/20/09 Page 3 of 6 Elizabeth Roebber, 5305 Portola Road, said that we should be trying to save trees, especially the big fantastic oaks. There were some really beautiful oaks on this property, and a lot have been lost. She believes we should continue with the intent of the law, and the policy we have in place. If you cut down trees, it's not an improvement. Celia Bewley, 5530 Encino Ave., does respect Mr. Messer's side. She and her husband built their home in an oak forest. It is an understatement to say that they did not want to lose the oak tree forest next to their property. She believes that the rules are you pay the fees. It was generously assessed at $18,233.00, because now it's a very different site. She asked the Commission to agree with the previous Planning Commission, and uphold the Tree Ordinance and mitigation fees. Cindy Sasur, 5575 Allemande Lane, said Lot 27 on the map was not a part of this project, and there is a very large portion of the easement that is actually on that lot, but from an entirely different project. Looking at these easements is a bit misleading. At previous Planning Commission meetings, these easements were not going to be considered as mitigation because of substantial impacts. The largest concern was when the tree map was found to be inaccurate, and she has a problem accepting that it was a mistake. If you look back in the record, over 40 additional trees were found which were tagged with alpha numeric numbers, which were never reported on the map. Ellen Beraud, 9605 Laurel Road, said she was on the Planning Commission at the time, and the minutes were brief, so she wanted to explain what actually happened. Ms. Beraud explained that the property was heavily impacted, and she was surprised the Council threw out the $18,233.00 in fees. This was an emotional issue, and people were still upset 3 years later. There was a lot of discrepancy in the tree plan. We (the previous Commission) felt the 2003 Planning Commission findings were still valid. The mitigation funds are very important, tree preservation parcels could not be developed anyways, and she encouraged the Commission to uphold the Tree Ordinance. Pete Roebber, 5305 Portola Road, said that his property is right along the edge of the project. It has been significantly affected by the removal of the trees. He has a lot more noise and sunlight striking the hill behind his house now. He feels the tree removals were a major hit on their property, and the fee is justified. Mark Bewley, 5530 Encino Ave., supports keeping the tree fee because the Planning Commission imposed it in 2003, it came back in 2006, and they opposed it again. He believes the construction project moved forward accepting the rules. Going back on the Commission's decision is changing the rules. Changing the rules for one person doesn't provide a good service, and the community isn't treating anyone fairly. He supports keeping the fee. Chairperson Jack closed the Public Comment period. PC Draft Minutes of 10/20/09 Page 4 of 6 There was discussion amongst the Commissioners before the vote about reversing a previous Planning Commission decision, second guessing previous decisions, removal of the trees and its detriment to the neighborhood. There was also discussion about public perception, waiving fees, setting a precedent for future Planning Commissions, upholding the original City Council decision, balance, fairness, and the right of an applicant to come back before the Commission. MOTION: By Commissioner Bentz and seconded by Vice Chairperson Moreno to adopt PC Resolution 2009-0031 approving the reconsideration of Conditions of Approval and amending Condition #7 of the Tentative Tract Map 2003-0029 and removing the requirement for a tree impact fee of $18,233.00. Motion passed 5:2 by a roll -call vote. (Colamarino and Schmidt opposed) COMMUNITY DEVELOPMENT STAFF REPORTS None COMMISSIONER COMMENTS AND REPORTS Commissioner Schmidt announced that the Board of Directors for the Atascadero Mutual Water Company (AMWC) is holding a hearing at 6:30 p.m. tonight about a possible 35% reduction in fees for water connection fees for 2nd homes (from $19,600 to $12,740). He has also been looking at the City's development impact fees and due to what he found in the Taussig Study, he thinks the City should revisit the fees on 2" homes in light of what the AMWC is doing. Director Frace mentioned that this will be addressed through the Housing Element. DIRECTOR'S REPORT • The next Planning Commission Meeting will be on November 3, 2009. • The La Plaza Movie Theatre project, (a Conditional Use Permit application), is in the first phase of plan review. Director Frace said it won't take too long to get to the Planning Commission. • The Rite-Aid Project is expected to pull permits this week and start construction in November 2009. • The Colony Square project will have a groundbreaking ceremony in the near future, and the Commission will be notified of the date. • City staff is implementing a new program which takes precautions with the H 1 N 1 virus. PC Draft Minutes of 10/20/09 Page 5 of 6 ADJOURNMENT - 8:50 p.m. The next regular meeting of the Planning Commission is scheduled for November 3, 2009, at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. MINUTES PREPARD BY: Annette Manier, Recording Secretary The following exhibits are available for review in the Community Development Department: Exhibit A — Letter from Chris Marchand IlCityhalllcdvlpmnh- PC MinuteslPC Minutes 091PC Draft Minutes 10 20 09.doc PC Draft Minutes of 10/20/09 Page 6 of 6 ITEM NUMBER: 2 DATE: 12-15-09 CITY OF ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT DRAFT Planning Commission Meeting Schedule 2010 MEETING DATE January 5 MEETING TYPE Regular TIME 7:00 p.m. LOCATION: City Hall . .. , Real .. " January 19 Regular 7:00 p.m. " February 2 Regular 7:00 p.m. " February 16 Regular 7:00 p.m. " March 2 Regular 7:00 p.m. " March 16 Regular 7:00 p.m. " April 6 Regular 7:00 p.m. " April 20 Regular 7:00 p.m. May 4 Regular 7:00 p.m. May 18 June 1 Regular 7:00 p.m. " Regular 7:00 p.m. June 15 Regular 7:00 p.m. " July 6 Regular 7:00 p.m. " July 20 Regular 7:00 p.m. August 3 Regular 7:00 p.m. " August 17 Regular 7:00 p.m. " September 7 Regular 7:00 p.m. " September 21 Regular 7:00 p.m. " October 5 Regular 7:00 p.m. " October 19 Regular 7:00 p.m. " November 2 Regular 7:00 p.m. " November 16 Regular 7:00 p.m. December 7 Regular 7:00 p.m. " December 21 Regular 7:00 p.m. T:APC Meeting Schedule\PC Draft Meeting Schedule 2010.doe 6907 EL CAMINO REAL, ATASCADERO, CA 93422 . (805) 461-5000 • FAX (805) 461-7612 ITEM NUMBER: 3 DATE: 12-15-09 DRA FT RESOLUTION PC 2009-0032 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2009-1333, AN AMENDMENT TO CONDITIONAL USE PERMIT 2005-0160 6075 CONEJO ROAD/ 2600 RAMONA ROAD (APN 049-142-009,007) (Church of Jesus Christ of Latter Day Saints) WHEREAS, an application has been received from the Church of Jesus Christ Latter Day Saints, 343 E. 500 Street, Salt Lake City, UT 84111 (Applicant & Property Owner), to consider a project consisting of an Amendment to Conditional Use Permit 2005-0160 to allow a 2.1 -acre parking lot expansion on an adjacent property; and, WHEREAS, the site's General Plan Designation is Suburban Estates (2.5-10 acre minimum); and, WHEREAS, the site's current zoning district is Residential Suburban (RS); and, WHEREAS, an Amendment to Conditional Use Permit 2005-0160 is required to allow any changes to the approved conditional use and Master Plan of Development on the project site; and, WHEREAS, the proposed use is CEQA exempt: Article 19. Categorical Exemptions, Class 32, Section 15332. In -fill development; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit Amendment application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Conditional Use Permit Amendment; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on November 17, 2009, studied and considered the Conditional Use Permit Amendment (PLN 2009-0012), and, NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as follows: 1. The proposed project has been found Categorically Exempt under Class 32, Section 15332 of the California Environmental Quality Act. SECTION 2. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title 9 (Zoning Ordinance); and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on November 17, 2009, resolved to approve PLN 2009-1333, an amendment to Conditional Use Permit 2005-0160, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Aerial Photo- Overall Site Plan EXHIBIT C: Proposed Landscape Plan EXHIBIT D: Proposed Shade Pavilion On motion by Commissioner Moreno, and seconded by Commissioner Bentz, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Commissioners Bentz, Colamarino, Jack, Moreno, Schmidt, and Ward NOES: none ABSENT: Commissioner Sturtevant ABSTAIN: none ADOPTED: CITY OF ATASCADERO, CA Sandy Jack Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Project Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure SP - Building Permit GP - Grading Permit PS. Planning Services BL. Business License BS: Building Services GP: Grading Permit FD: Fire Department CE - City Engineer P - Planning Services Fl: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney City Engineer Standard Project Conditions 1. The City Engineer may request revisions to the building plans to GP, BP CE NA resolve drainage, grading or other construction conflicts at the time of building permit review. 2. Per municipal code section 9-4.160, the developer shall slurry seal GP, BP CE NA San Ramen Ramona Road across the frontage of the property to a width of 1/2 the roadway plus 10'. The applicant shall submit a traffic control plan 48 hours in advance of any road work. The applicant shall obtain an encroachment permit for work in the right-of-way. 3. Drainage easements shall be obtained by the applicant as needed GP, BP CE NA to accommodate both public and private drainage facilities. 4. Prior to the issuance of building permits the applicant shall submit GP, BP CE NA plans and supporting calculations/reports including street improvement note for the slurry seals, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. 5. Prior to the issuance of building permits the applicant shall submit GP, BP CE NA a drainage report, including calculations, to support the design of any drainage 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. 6. Prior to the issuance of building permits the applicant shall provide GP, BP CE NA fnr tha riatantinn nnri matarinn nut of developed storm runoff so �veloped storm runoff. 7. Drainage basins shall be designed to desilt, detain and meter GP, BP CE NA storm flows as well as release them to natural runoff locations. Project runoff shall not negatively affect offsite drainage structures. The drainage report shall address the adequacy of offsite drainage structures to accommodate the projects runoff. If the existing culvert in Conejo Road is determined to be undersized then the applicant shall redesign the proposed project to prevent the worsening of drainage conditions at the culvert or downstream thereof. 8. Prior to the issuance of building permits the applicant shall show GP, BP CE NA the method of dispersal at all pipe outlets. Include specifications Timing Responsibility Mitigation /Monitoring Measure BP - Building Permit GP - Grading Permit PS: Planning Services BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department CE - City Engineer P- Planning Services FI: final Inspecton Fl: Final Inspection PD:CityEce Dneer Department CE. City Engineer TO: Temporary Occupancy WW: Wastewater FO: Final Occupancy CA: City Attorney for size & type. 9. Prior to the issuance of building permits the applicant shall show GP, BP CE NA method of conducting runoff to approved off-site drainage facilities. 10. Concentrated drainage from off-site areas shall be conveyed GP, BP CE NA 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. If drainage easement cannot be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the proposed development. This condition may be waived, as needed, by the City Engineer. 11. Applicant shall submit erosion control plans and a Storm Water GP, BP CE NA Pollution Prevention Plan (SWPPP). The applicant must file an NOI with the Central Coast Regional Water Quality Control Board prior to building permit issuance. 12. All public improvements shall be constructed in conformance with GP, BP CE NA the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. Planning Division Standard Project Conditions 13. A detailed landscape plan will be required at time of building BP B, P NA permit review. Include information on irrigation and specify drought tolerant plants, quantities and sizes. A Tree Protection Plan shall be prepared for review and approval for all existing trees by Planning Division. 14. Lighting not included. Future lighting of parking lot would require BP B, P NA Planning approval and a building permit. 15. Three foot high landscaped berm or a three foot high solid fence BP B, P NA or decorative wall is required to shield any adjacent residential areas from headlights. Design of any wall shall be reviewed and approved by Planning Division. 16. Parking lots that abut a residential zone shall be separated from BP B, P NA such property by a landscaping stip with a minimum width of five feet and a six foot high solid fence or wall (AMC Sec. 9-4.119) 17. Turf: No irrigated grass turf shall be used. Native grasses may be BP B, P NA installed and shall be so noted on the Specific Landscape Plan. Exception: Front setback area is shown as an active recreation area and may have turf installed. 18. Fencing: North boundary is adjacent to residentially zoned land. BP B, P NA Fencing shall be installed as specified: Chain link with HDPE slats, however this fencing shall be limited to the immediate area abutting the parking lot and shall not extend to the public street. Other fencing such as a 3 foot fence or wall may be installed in the Timing Responsibility Mitigation /Monitoring Measure SP - Building Permit GP - Grading Permit PS: Planning Services BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department CE - City Engineer P - Planning Services Fl: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney front setback area, subject to review and approval of the Planning Division. 19. Drainage/detention basin: This area shall net be fenced BP B, P NA consistent with State requirements with a 6 -foot tall, green, vinyl clad chain link fence and landscaped. . 20. The new parking lot facility is hereby conditioned for church- P P NA related parking only. The applicant shall record a cross -access easement, in perpetuity, over and between the existing church parking and the new parking lot facilities. This easement may be extinguished by recording a new document following an amendment to the master plan of development to eliminate the parking lot from the church use. Note: The parking lot may not be used as the sole use on the lot and can only be used as church related parking. 21. The applicant and/or subsequent owners shall defend, indemnify On-going P NA and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the proposed development. 22. The Community Development Department shall have the authority On-going P NA to approve the following minor changes to the project that (1) modify the site plan by lee than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. Exhibit 2: Aerial Photo - Overall Site Plan 40- 'I Oil 10 ailell Ail Proposed Shade Pavilion Proposed New Parking Addition Exhibit C: Proposed Landscape Plan One Coast Live Oak Tree to be removed j atlL"u'."s4s7YSt'••• ••• LANDSCAPE CONCEPT PLAN LDS PARKING LOT EXPANSION ATASCADERO,CA NOV 3 M � I ruxm DEV :n "- • Exhibit D: Proposed Shade Pavilion RIDGE ROOK GALVA TUBE (TY'.) CGNCF SLAB FINISH CONT. —� Wool) FASCIA OPEN OPEN GALVANIZED S TUBE COLUMN - FLOOR SLAB DRIP ANT. ITEM NUMBER: 4 DATE: 12-15-09 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting - Tuesday, November 17, 2009 — 7:00 P.M. City Hall Council Chambers 6907 EI Camino Real, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Jack called the meeting to order at 7:01 p.m. and Commissioner Ward led the Pledge of Allegiance. ROLL CALL Present: Chairperson Jack, Vice Chairperson Moreno, Commissioners Bentz, Colamarino, Schmidt, and Ward Absent: Commissioner Sturtevant (excused) Others Present: Recording Secretary Annette Manier Staff Present: Community Development Director Warren Frace and Deputy Director of Public Works/Engineering David Athey. APPROVAL OF AGENDA MOTION: PC Draft Minutes of 11/17/09 Page 1 of 5 By Commissioner Bentz and seconded by Vice Chairperson Moreno to approve the agenda. Motion passed 6:0 by a roll -call vote. 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 OCTOBER 6, 2009. MOTION: By Commissioner Bentz and seconded by Commissioner Colamarino to approve the Consent Calendar. Motion passed 6:0 by a roll -call vote. PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: • Commissioner Ward drove around the property, but spoke with no one. • Chairperson Jack visited the site, but spoke with no one. • Commissioner Schmidt visited the site, and mentioned it was beautifully maintained. Community Development Director Warren Frace gave the staff report, explained that there were three items being requested tonight (to add an additional parking lot, to add a 1,800 square -foot shade structure, and removal of one tree). Director Frace answered questions from the Commission. PUBLIC COMMENT Bob Winslow, Applicant's Representative from EDA Design Professionals, asked the Commission to consider some clarification to the conditions of approval, and then offered to address some of the other concerns. Mr. Winslow answered questions of the Commission. PC Draft Minutes of 11/17/09 Page 2 of 5 Nick Miller, property owner, who owns a creek reservation behind the property, is concerned about runoff and the shade pavilion, and how close it will be to the creek reservation and how it relates to creek setbacks. He is hoping there will be some markers. The Commissioners asked Mr. Miller about his specific concerns. Community Development Director Warren Frace explained creek reservations and the setbacks in relation to the structure. Chairperson Jack closed the Public Comment period. Chairperson Jack reopened the Public Comment period. Bob Winslow, EDA Design Professionals, explained the creek reservation and the location of the shade structure. He explained that they would have to meet setbacks and building code requirements. The shade pavilion itself is at least 100 -feet from the creek. David Athey also addressed Mr. Miller's concerns. Mr. Winslow stated that most of the changes are language -changes and he does not take any exception to making the changes suggested by staff and the Commission, and he would be satisfied with rewording. Chairperson Jack closed the Public Comment period. There was discussion amongst the Commissioners about the changes in conditions. Commissioner Bentz expressed his discomfort in the changes in conditions without staff having adequate time to review it. He feels it is unusual for the applicant to ask the Commission for these changes. Commissioner Colamarino agreed, and added that there is a problem showing up and saying you want conditions changed. It puts the Commission in a difficult position, and procedurally it's problematic. After further discussion, however, it was determined that if the applicant is satisfied with the modifications, and Director Frace and David Athey agree, the Commission could support the changes. Commissioner Schmidt stated he was in opposition to Condition 20, requiring a cross - access easement, but would go with the Commission's final decision on the issue. Commissioner Bentz asked that the minutes reflect the exact changes, and that they see a list of changes at the next meeting. Community Development Director Frace asked for a review of the changes from David Athey before the motion was made. The changes will come before the Commission at the next meeting for a final review with strikethrough and underline. PC Draft Minutes of 11/17/09 Page 3 of 5 MOTION: By Vice Chairperson Moreno and seconded by Commissioner Colamarino to adopt PC Resolution 2009- 0032 approving PLN 2009-1333, Amendment #1 to CUP 2005-0160 based on findings and subject to Conditions of Approval with the changes listed: 2. Change San Ramon Road to Ramona Road. 3. No Change 4. Clarify that street improvements relate to notes on the building plans that indicate slurry sealing of Ramona Road. 7. Remove the words "upsize the culvert or." 10. Add language "this condition may be waived, as needed, by the City Engineer." 19. Change to "This area shall be fenced consistent with State requirements with a 6 -foot tall, green, vinyl clad chain link fence and landscaped." Motion passed 6:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None DIRECTOR'S REPORT • The next Planning Commission Meeting on December 1, 2009, will be cancelled due to lack of items. There will be a meeting on December 15, 2009. • The City Council's last meeting of the year will be December 8, 2009. • The Colony Square Theatre did break ground, and Rite Aid has also broken ground. • The La Plaza Movie Theatre project has been given comments and corrections. • The Wal-Mart project is also moving forward, and a formal application will be submitted in the near future. • Streetscape is done and is looks nice, just in time for the Holiday Season. COMMISSIONER COMMENTS AND REPORTS Commissioner Colamarino asked Director Frace about the expected size of Wal-Mart. Director Frace indicated that it should be a smaller store from the conceptual plans he has seen. PC Draft Minutes of 11/17/09 Page 4 of 5 Commissioner Schmidt spoke about the last City Council meeting and the discussion about the Stimulus Program. He asked Director Frace if the projects that are mixed-use will be required to pay a capital facilities fee, and has the City had discussion with the Atascadero Mutual Water Company about the addition of residential uses in the downtown area and if they could use existing meters. Director Frace stated that the Stimulus Program would use Redevelopment set-aside money to basically do a partnership with downtown building owners to accommodate residential units. A deed restriction would loan $100,000 in redevelopment money in making the unit livable. All development pays capital facilities fees if they are residential or commercial. The smaller the unit is however, the smaller the fee is paid. The City is in the process of getting the Housing Element certified. When it is adopted, one of the policies will be to look at the fee structure. ADJOURNMENT - 8:25 p.m. The next regular meeting of the Planning Commission is scheduled for December 15, 2009, at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. MINUTES PREPARD BY: Annette Manier, Recording Secretary Il Cityhalllcdvlpmntl- PC MinuteslPC Minutes 091PC Draft Minutes 11 17 09.doc PC Draft Minutes of 11/17/09 Page 5 of 5 ITEM NUMBER: 5 DATE: 12-15-09 Atascadero Planning Commission Staff Report - Community Development Department Mimi Whitney, Senior Planner, mwhitney@atascadero.org, 470-3442 PLN 2099-0626/TTM 2006-0085 Tentative Tract Map to create five (5) residential parcels 9080 San Rafael Road (O'Reilly) SUBJECT: The proposed application consists of a Tentative Tract Map to subdivide an existing 14.17 acres into five (5) residential lots ranging in size from 2.71 acres to 3.20 acres and removal of seventeen (17) native Blue Oaks, Valley Oaks and Live Oaks totaling 232 inches DBH (TRP 2009-0133). RECOMMENDATION: Staff Recommends: Adopt resolution PC 2009-0033 to approve the proposed Vesting Tentative Map and Oak Tree removals, based on findings and subject to conditions of approval. SITUATION AND FACTS: 1. Property Owner: Weston O'Reilly 67297 Sargents Rd., San Ardo, CA 93450 2. Project Address: 9080 San Rafael Rd., CA 93422 APN 045-353-023 3. General Plan Designation: Residential Estates (RE) 4. Zoning District: Residential Suburban (RS) 5. Site Area: 14.17± acres 6. Existing Use: Undeveloped rangeland 7. Environmental Status: Mitigated Negative Declaration (PLN 2009-0002) DISCUSSION: Site Description: The site is located on the south side of San Rafael Road and has a gently rolling terrain. Presently cattle graze the land; however, there is evidence of an old homestead with related activity such as old farming equipment. The area has a number of stands of native oak but these are interspersed with large areas of open grazing land. The site has approximately 144 native trees. The trees proposed for removal are located where the private driveway access is proposed. Staff took a tour of the site and found that the number of trees proposed for removal are limited and unavoidable. The applicant submitted a Tree Removal Permit and paid a $755 tree removal fee. Trees remaining on the future lots will be retained as shown. Any future tree removals would be reviewed at the time of building permits; however, staff has required the applicant to identify future building envelopes on the three lots that are impacted by existing stands of trees. By requiring a building envelops to be recorded, this would avoid unnecessary removal of native trees in the future. SURROUNDING USES: Large lot residential: RSF-Y and RS Project Description: The 14.17±acre parcel is proposed as a Vesting Tentative Map with five (5) lots. All the lots were calculated to meet the minimum required size factoring in slope, septic suitability, access and distance from the center of Atascadero. Thus, the lots shown are: Parcel 1 3.20 gross acres Parcel 2 2.71 gross acres Parcel 3 2.73 gross acres Parcel 4 2.72 gross acres Parcel 5 2.81 gross acres Access will be provided by a private driveway designed to meet City standard 401 Type - A [fifty (50) foot width with twenty (20) feet of pavement]. Utilities will be placed underground along the edge of the right-of-way and stubbed at each lot. Individual septic systems will be installed. City staff required soil percolation testing, a preliminary drainage plan and a detailed arborist's report. Based on this information, site visits, General Plan policies and applicable development regulations, a Mitigated Negative Declaration was prepared and circulated. No comments were received except from the Atascadero Mutual Water Company, which recommended use of water -wise plants for future development. PROPOSED SUBDIVISION/Tree Protection Plan AnlRa IALM Ala ad -J 0A X. �e0 3.'1Y w. e�•-���� _��. t_•.i'yl[r� i.` ifi 1 i �l+r- - �. j U Ilk , �'.; _ _ __.'e.. _- C,ap• ;del. —s8) �^• ]f} a � as <.: n--� !!I �•'f--'•' !i t ! p E �g' oil l. 1pi�iElEj FY4 a „! '! r. L. "[fir.., - �'• ., is 11 'r. 1ct-^i' d I -o iiEil ! A 1 �—eY;• ' ' III E -k T., Y. �•I.i^ _ � ^'., } � Jk } • _ . � .. l - '' r- as � .. �-' s , l"" .� •: ! �;. / i�< -- �y:.-� Fid .y`, _ � �.�" � � b L c #c 6 t 1 x! !• 1t e e ,. �- .. —_ ��_• ROE Ada C�� eg� � �8� +♦�iipa1�4 tEi�! iIt 1'�l��a��t .4 '- �•� !�_ !illI��,E �e'ig� i � g�S'" � .�..__ �. tj� t 8t���1 tatl;����t�tl��It•8'q� ie�"fi+n a��t � � ,.� .. t�! t � ' t� t. �E i x' �OE:'►F� f 'r6 : 8' t tiFlFl � i ' '�y� ... t �tt�� i t. i sf i it HIT Environmental issues addressed: Tree removal: As previously stated, the number of trees to be removed is related to the proposed private driveway. The majority of trees are predominately located closer to San Rafael Road so that a new access cannot avoid taking some of the trees. The arborist has tagged each tree and a "Tree Removal Plan" is has been prepared. The applicant has paid a tree removal fee of $755.00. The Arborist Report is attached in Exhibit A (Mitigated Negative Declaration). Future building envelopes: The applicants were advised that the building envelopes should be included on the Final Map, especially for the lots with existing trees and/or drainage issues. Therefore, lots 1, 2 and 5 indicate the extent of the building envelope and leach fields. Lots 3 and 4 are located to the rear where the land is primarily open grassland and the necessity of delineating a building envelope to protect native trees is not necessary. The location of the building envelopes on Lots 1, 2 and 5 is intended to reduce future tree removal. At the time of future building permit review, proposed tree removal would be subject to additional review by the Community Development Department. Drainage: A Preliminary Site, Grading, Drainage & Utility Plan has been prepared by EG Civil Engineers. City staff required calculations in order to determine if any detention basins are necessary since runoff is limited to the 2 -year storm event in the pre -development condition. Final calculations will be necessary once a building permit is submitted for review. A potential detention basin may be required for the rear properties, Lots 3 and 4. California Environmental Quality Act (CEQA): A Mitigated Negative Declaration (MND 2009-0002) was prepared and circulated for comment to the appropriate public/private agencies or organizations. The Initial Study concluded there would be no significant harm to the environment as a result of the proposed subdivision. In order for the Planning Commission to certify the document, a finding must be made that the project will not have a significant negative impact with the implementation of required mitigation measures. Findings have been included for the Planning Commission that recommends approval of the Mitigated Negative Declaration. General Plan Consistency: Staff has reviewed the project with the 2002 General Plan Land Use, Open Space, and Conservation Goals, Policies, and Programs and has noted the following: • Policy 1.1/Program 4: Outside of the Urban Core and Single Family Neighborhoods, maintain lot sizes of 2.5 to 10 acres based on performance standards and natural constraints including slope, distance from the center of the community, average neighborhood lot size, soil percolation capability, and adequacy of access. • Policy 6.1/Program: Attention shall be paid to the aesthetic result of land division. Building sites shall minimize disruption of natural slopes, native vegetation and watersheds by the careful selection of building sites, leach fields and driveways. Building designs inappropriate for hillside locations shall not be approved. • Policy 7.1/Program 4: Require lot line adjustments and tentative subdivision maps on sites with 25 percent or greater native tree canopy cover to establish locations of building sites, driveways and leach fields that will minimize native tree impacts. The project location is within the urban service line, just west of West Front Road near Highway 101. A building envelope is provided on three lots which limits future tree impacts. Development of each lot will require the installation of septic systems. Rights of Vesting Maps When a local agency approves, or conditionally approves a vesting tentative map, that approval shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the date the local agency has determined that the application is complete unless the local agency determines to amend any ordinance, policy or standard at a public hearing. In this case, the vesting map shall proceed if it is in substantial compliance with any new ordinance, policy or standard at the time of its approval. Vesting rights expire if the map expires. Additionally, approval does not limit a local agency from imposing reasonable conditions on subsequently required approvals or permits necessary for the development and authorization by the ordinances, policies and standards under which the vesting map was approved. (Sec. 66498.1 State Sub. Map Act) The proposed subdivision is consistent with the General Plan and the zoning requirements including the following: (a) The lots are designed to meet minimum lot size requirements of the RS zone. (b) The site is physically suitable for both the type and the density of development. (c) No serious public health problems shall be caused by the proposed subdivision design or improvements. (d) The proposed subdivision will not cause substantial environmental damage and applicable environmental mitigation measures are included. CONCLUSION: The subdivision is consistent with the 2002 General Plan and Zoning Ordinance. The parcel configurations are consistent with the Subdivision Ordinance requirements and the size and shape of the proposed lots are consistent with the character of the immediate neighborhood. A building envelope has been included on three (3) of the proposed lots (lots 1, 2 and 5) in order to minimize impacts to native trees and provide for septic system locations. The remaining two lots at the rear do not have tree issues, however, detention basins may be required at the time of specific building permit applications. Staff recommends the Planning Commission approve the proposed Vesting Tentative Parcel Map as conditioned. ALTERNATIVES: 1. The Commission may approve the map with modified project conditions. 2. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. 3. The Commission may deny the map if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. ATTACHMENTS: Attachment 1 — Mitigated Negative Declaration Attachment 2 — Draft Resolution PC 2009-0033 with the following Exhibits: EXHIBIT A: Conditions of Approval/Mitigation Measures EXHIBIT B: Vesting Tentative Map (Tract No. 2788) ATTACHMENT 1: MITIGATED NEGATIVE DECLARATION See Following ATTACHMENT 2: DRAFT RESOLUTION PC 2009-0033 I Well No 9 rK►Y�] 1�1�[��[►�IZIIaIIIIt�tj A RESOLUTION OF THE ATASCADERO PLANNING COMMISSION APPROVING PLN 2099-0626 VESTING TENTATIVE TRACT MAP 2006-0085 AND TREE REMOVAL PERMIT AT 9080 SAN RAFAEL ROAD, APN 045-353-023 (O'Reilly) WHEREAS, an application was received from the Weston O'Reilly, Property Owner, (67297 Sargents Road, San Ardo, CA 93450) to consider a Vesting Tentative Tract Map (Tract No. 2788) establishing five (5) single-family residential lots on APN 045-353-023; and, WHEREAS, the site's current General Plan Designation is Rural Estate- minimum 2.5- 10 acres (RE); and, WHEREAS, the site's current zoning district is RS (Residential Suburban); and, WHEREAS, an Initial Study and Mitigated Negative Declaration (MND 2009-0002) were prepared for the project in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, a timely and properly noticed Public Hearing for the subject Tentative Tract Map application was held by the Planning Commission of the City of Atascadero on December 15, 2009, at which both oral and documentary evidence was admitted on behalf of said project; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Certification of Negative Declaration. The Planning Commission of the City of Atascadero, hereby certifies Mitigated Negative Declaration 2009-0002 based on the following findings: 1. The Negative Declaration has been completed in compliance with requirements of the California Environmental Quality Act; and, 2. The project would have the potential to degrade the environment however mitigation measures have been applied to reduce the potential to a less than significant level; and 3. The project will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat; and, 4. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, 5. The project does not have impacts which are individually limited, but cumulatively considerable; and, 6. The project will not cause substantial adverse effects on human beings either directly or indirectly. SECTION 2. Findings for approval of Vesting Tentative Tract Map. The Planning Commission finds as follows: 1. The design and improvement of the proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements; and, 2. The site is physically suitable for the type and density of development proposed; and, 3. The design and improvement of the proposed map will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat; and, 4. The map is consistent with the character of the immediate neighborhood; and, 5. The design of the subdivision map will not conflict with easements acquired by the public at large for access, or the use of property within the proposed subdivision; and, 6. The proposed subdivision map design and type of improvements proposed will not cause serious public health problems; and, 7. The proposed private drive and related improvements meet the intent of the subdivision ordinance and are adequate for safe emergency vehicle access. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on December 15, 2009 resolved to approve Vesting Tentative Tract Map (Tract 2788) subject to the following Conditions and Exhibits attached: EXHIBIT A: Mitigated Negative Declaration EXHIBIT B: Conditions of Approval/Mitigation Measures EXHIBIT B: Vesting Tentative Map (Tract No. 2788) On motion by Commissioner , and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ABSTAINED: CITY OF ATASCADERO, CA Sandy Jack Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary ATTACHMENT 7: Mitigated Negative Declaration r, CITY OF ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT NOTICE OF INTENT TO ADOPT PROPOSED MITIGATED NEGATIVE DECLARATION (ENDORSED) FILED OCT 2 6 2009' JULIE L. RODEWALO C)UUgNT�YY(XN By �fjg NOTICE IS HEREBY GIVEN that the Environmental Coordinator of the City of Atascadero has completed a review of the following project and is proposing the following environmental determination: Property Owner. Weston O'Reilly, 67297 Sargents Rd., San Ardo, CA 93450 Applicant: Tami Poe Land Use Planning & Consulting, PO Box 3221, Atascadero, CA 93423 Project Title: PLN 2099-0626: TTM 2006-0085 Ends: November 16, 2009 Development/Permit Center Subdivision of 14.17 t acres into five (5) residential parcels. Project Location: 9080 San Rafael Rd., Atascadero, CA 93422 (Parcel 4 of ATAL 04-0155 TentativeI (San Luis Obispo County) APN: 045-353-023 Project The project consists of an application for a Tentative Tract Map (PLN 2099-0626) to create five Description: (5) residential parcels on an existing lot of record. The existing lot is 14.17 = acres with an average 5.79 percent slope for the five parcels. The parcels will be 3.25 acres, 2.73 acres, 2.75 6907 EI Camino Real, Atascadero, CA 93422 acres, 2.72 acres, and 2.72 acres, respectively. Seventeen (17) native Blue Oaks, Valley Oaks, Location: and Live Oaks totaling 232 inches DBH are proposed for removal. The proposed residences will take access from San Rafael and will be served by an on-site septic system. Based on the Initial Study prepared for the project, a Mitigated Negative Declaration is proposed. General Plan Designation: RE Environmental Zoning District: RS Any interested person may revie proposed Mitigated Negative Declaration and project files. Questions should be directed tq.%fiK Wh' CP- Senior Planner at 461-5000. Warren Frace, Community Development Director Date 2009 TPM2006-0085/ Page 3 To see the entire Environmental Begins: October 26, 2009 Document, go to: Environmental Review Dates: www.atascadero.org/Community Ends: November 16, 2009 Development/Permit Center Online/Environmental Docs. TentativeI December 15, 2009 — Planning Commission Hearing Date: City Hall Council Chambers, 7:00 p.m. Hearing 6907 EI Camino Real, Atascadero, CA 93422 Location: Proposed Based on the Initial Study prepared for the project, a Mitigated Negative Declaration is proposed. Environmental The Mitigated Negative Declaration is available for public review from October 27. 2009 through November 16. 2009 at 6907 El Camino Real, Community Development Department from 8:00 a.m. Determination: to 5:00 p.m. Monday through Friday. Any interested person may revie proposed Mitigated Negative Declaration and project files. Questions should be directed tq.%fiK Wh' CP- Senior Planner at 461-5000. Warren Frace, Community Development Director Date 2009 TPM2006-0085/ Page 3 iCITY OF ATASCADERO PROPOSED MITIGATED NEGATIVE DECLARATION #2009-0002 6907 EI Camino Real Atascadero, CA 93422 805/461-5000 Property Owner. Weston O'Reilly, 67297 Sargents Rd., San Ardo, CA 93450 Applicant, Tami Poe, Land Use Planning & Consultanting, PO Box 3221, Atascadero, Ca 93423 Project Title: TTM 2006-0085/PLN 2099-0626 Subdivision of 14.17 ; acres into five (5) residential parcels. Project Location: 9080 San Rafael Rd., Atascadero, CA 93422 (Parcel 4 of ATAL 04-0155 (San Luis Obispo County) APN: 045-353-023 Project The project consists of an application for a Tentative Tract Map to create five (5) residential Description: parcels on an existing lot of record. The existing lot is 14.17 t acres with an average 5.79 percent slope for all the parcels. The parcels will be 3.25 acres, 2.73 acres, 2.75 acres, 2.72 acres, and 2.72 acres, respectively. Seventeen (17) native Blue Oaks, Valley Oaks, and Live Oaks totaling 232 inches DBH are proposed for removal. The proposed residences will take access from San Rafael Avenue and will be served by an on-site septic systems. General Plan Designation: RE Zoning District: RS Findings: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. 3. The project does not have impacts which are individually limited, but cumulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. Determination: Based on the above findings, and the information contained in the Initial Study 2009-0002 (made a pan hereof by reference and on file in the Community Development Department), it has been determined that the above project will not have an adverse impact on the environment when the following mitigation measures are incorporated into the project (see attachment). Prepared By: Date Posted: Public Review Ends: Attachments: Cindy Gordon, Planning Intern October 26, 2009 November 16, 2009 Location & Zoning Map Aerial Map Proposed Site Development Plan Arborist Report Site Photos Initial Study 2009-0002 TPM2006.0085/ Page 6 EXHIBIT B — CONDITIONS OF APPROVAL/MITIGATION-MONITORING PROGRAM No. Standard Conditions of Approval Timing Responsible Mitigation TTM 2006-0085/PLN 2099-0626 Department Monitoring BL: Business License GP: Grading Permit PS: Planning Services BS: Building Services PLANNING DEPARTMENT Fl: Building Permit FI: Final Inspection FD: Fire Department PD: Police Department TO: Temporary Occupancy F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney 1 Approval of the Vesting Tentative Map shall become Ongoing PS NA final and effective fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal of the decision is filed as set forth in Section 9-1.111 of the Zoning Ordinance. 2 Approval of the Vesting Tentative Map shall be valid Ongoing PS NA for twenty-four (24) months after its effective date. The Planning Commission may extend the time for filing the final map for a period of one year, or periods not exceeding a total of five (5) years as provided by Section 66452.6 and/or Section 66463.5 of the Subdivision Map Act. Applications for extension shall be made in writing to the Community Development Department prior to the date of tentative map expiration. Time extensions may be granted subject to the condition that the final map shall be prepared and improvements constructed and installed in compliance with the requirements in effect at the time the request for extension is considered. The Planning Commission may also impose any other conditions which it was empowered to impose at the time of the tentative map approval, and it may revise or delete conditions. (Ord. 370 § 2 (part), 2000) 3 The applicant shall defend, indemnify, and hold Ongoing PS, CA NA 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. 4 All subsequent map amendments and construction Ongoing PS, CE NA permits shall be consistent with the approved Vesting Tentative Map. 5 The building envelopes as shown shall be recorded FM PS NA with the Final Map as a separate attachment including the location of all trees and septic sstems. 6 The Community Development Department shall have Ongoing PS NA the authority to approve the following minor changes to the project that (1) modify the map design by less than 10%, (2) result in a superior map design and/or (3) address a construction design issue that is not substantive to the building envelop approved on Lots 1,2and 5. 6 The Planning Commission shall have the final City of Atascadero Community Development Department Cont'd authority to approve any other changes associated with map unless appealed to the City Council. 7 All utilities shall be installed underground and shown FM PS, CE NA on improvements plans recorded with Final Map. 8 All sheds and other out buildings shall be removed FM PS NA prior to recordation of Final Map. 9 The tract map shall be subject to additional fees for FM PS NA park or recreation purposes (QUIMBY Act) as required by City Ordinance. 10 Prior to final map, the applicant shall submit CC&Rs PS PS, CE NA for review and approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: (a) Exclusive use easements for private yard areas. (b) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping. (c) Provisions for financing maintenance and upkeep of all common areas. (d) Recordation of common utilities easements. (e) Individual unit's responsibility for keeping all trash receptacles within the unit's garage and/or designated receptacles. (f) A provision requiring that individual residential garages be maintained for vehicle parking. (g) A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. 11 Grading Permit Required: BS BS/PS NA A grading permit application and plan 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. 12 Cultural/archaeological Evidence: In the event that Ongoing PS/BS human remains are discovered on the property, all work on the project shall stop and the Atascadero Community Development Department shall be notified. If the human remains are identified as being Native American, the California Native American Heritage commission shall be contacted at (916) 653-4082 within 24 hours. A representative from both the Chumash Tribe and the Salinian Tribe shall be notified and present during the excavation of any remains. 13 Storm Water Control: GP BS The developer is responsible for ensuring that all contractors are aware of all storm water quality City of Atascadero Community Development Department measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop work orders. Silt fencing and straw bales should be used to contain migrating soil if disturbed during the rainy season. Timing Responsible Mitigation PLANNING SERVICES MITIGATION MEASURES BL: Business License Department Monitoring GP: Grading Permit BP: Building Permit PS: Planning Services BS: Building Services FI: Final Inspection TO: Temporary Occupancy FD: Fire Department PD: Police Department FO: Final Occupancy CE: City Engineer WW: Wastewater CA: CityAttorne 14 A & T Arborists prepared a Tree Protection Plan, Ongoing PS PS/Arborists dated February 17, 2009. The developer shall incorporate all of the recommendations with this report. The developer shall contract with a 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: Tree Protection Plan: (a) A written agreement between the arborist and the Pre -GP BS/PS developer outlining an arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to issuance of grading permits or building permits. (b) It is the responsibility of the property owner to provide a copy of the arborists report to each purchaser of each lot. Subsequent resales shall also provide copies to new property owners. 15 (c) An on-site preconstruction meeting is required Pre -GP PS/BS Arborist with the City, owner, grading contractor, planner and letter prior to an arborist to review tree fencing at drip lines and tree Final truck protection installation prior to issuance of GP. Grading On-going monitoring by an arborist is required for Clearance any trenching or grading within drip line of protected trees. 16 (d) Tree Protection Fencing: to be installed at drip Pre -GP PS/BS PS to inspect line prior to any grading or trenching (See Arborist Report) 17 (e) Soil aeration: soils within drip line that have Pre -BP PS/BS BS to inspect been compacted by heavy equipment and/or construction must be returned to original state (See Arborist Report) 18 (f) Trenching within drip line: Prior to grading Pre -GP PS/BS Arborist to activity, arborist to meet with contractor. All be on-site City of Atascadero Community Development Department trenching within drip line shall be hand dug. Major roots shall be avoided See Arborist Report) 19 (e) Pruning, landscaping, utility placement and Ongoing PS/BS Arborist and fertilization or cultivation requirements: All trees in BS to both development areas to be saved should be pruned by a inspect. licensed and certified arborist. All property owners shall follow the recommendations found in the Arborist Report to protect the native trees throughout the lifetime of the trees. A certified arborist or licensed tree service should be employed at all times and this shall be made a part of the CC&Rs. 20 Surface Drainage Control: GP PS/BS BS/CE to A preliminary Drainage Analysis has been prepared by inspect EG Engineering, dated June 1, 2009. The developer Maintenance is shall work with the recommendations contained in this on-going report in conjunction with the City Engineer. Regular maintenance of any detention basins or swales shall be included in the CC&Rs. 21 Vegetation Burning: BP BS Contractor Developmental burning of vegetative material is Contractor/ Property prohibited. Any burning requires prior application, fees And owner Owners and Air Pollution Control District (APCD) approval. For questions regarding these requirements contact County APCD Enforcement Division at (805) 781- 5912. 22 Erosion Control: BP BS/PS BS/CE All cut and fill slopes shall be hydro -seeded with an appropriate erosion control method (erosion control blanket, hydro -mulch, or straw mulch appropriately anchored) immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked onto public streets by construction vehicles. 23 Asbestos Dust: BP BS/PS BS/PS The project shall be conditioned to comply with all applicable Air Pollution Control District (APCD) regulations pertaining to Naturally Occurring Asbestos. If asbestos is suspected to be located within any existing structure to be removed, employ a licensed asbestos removal company for all work. Prior to any grading activities at the site, the project developer shall ensure that a geologic evaluation is conducted to determine if Natural Occurring Asbestos OA is present. If not present, the applicant must City of Atascadero Community Development Department comply with all requirements outlined in the Airborne Toxic Control Measures (ATCM). This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD). Refer to the APCD website http://slocleanair.org/business/asbestos.asp or contact County APCD Enforcement Division at (805) 781- 5912. 24 Air Quality Controls: Project shall comply with all BP BS/PS BS/PS applicable Regional Air Quality Control District regulations pertaining to the control of fugitive dust (PM -10) as contained in the most current Air Quality Handbook. 25 All of the following measures shall be included on GP/BP BS/PS grading, demolition and building plan notes: (a) Reduce the amount of the disturbed areas where possible. (b) Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency is required whenever wind speeds exceed 15 mph. Reclaimed water should be used whenever possible. (c) All dirt stockpile areas should be sprayed daily as needed. (e) Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast germinating native grass seed and watered until vegetation is established. (f) All disturbed soil areas not subject to re vegetations 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 completed 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. (i) All trucks hauling dirt, sand, soil or other loose materials are to be covered or should maintain at least two feet of freeboard in accordance with CVC Sec. 23114. 0) Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. (k) Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should bed where feasible. (1) The contractor or builder shall designate a person or persons to monitor the dust control program and to City of Atascadero Community Development Department 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. Responsible Mitigation/M 26 Equipment Maintenance: BP BS BS PS: Planning Services (a) Maintain all construction equipment in proper GP: Grading Permit BS: Building Services condition according to manufacturer's specifications. BP: Building Permit FD: Fire Department Contractor (b) Fuel all off-road and portable diesel powered PD: Police Department TO: Temporary Occupancy equipment, including but not limited to bulldozers, F0: Final Occupancy WW: Wastewater graders, cranes, loaders, scrapers, backhoes, generator CA: City Attorney sets, compressors, auxiliary powered units, with ARB Per municipal code section 9-4.160, the developer shall GP, BP CE NA certified motor vehicle diesel fuel (non -taxed version slurry seal San Rafael Road across the frontage of the suitable for use off-road). property to a width of 1/2 the roadway plus ten (10) feet. 27 Construction Activity: GP BS BS NA (a) Develop a comprehensive construction activity by a registered engineer in responsible charge for the management plan designed to minimize the amount of design of the system. Contractor large construction equipment operating during any In the event that the applicant bonds for the public FM CE NA given time period. improvements required as a condition of this map, the (b)Schedule of construction truck trips during non -peak applicant shall enter into a Subdivision Improvement hours to reduce peak hour emissions. Agreement with the City Council. (c) Limit the length of the construction workday period, The Subdivision Improvement Agreement shall record GP, BP CE NA if necessary, to reduce emissions. concurrently with the Final Map. d Phase construction activities, if appropriate. An engineer's estimate of probable cost shall be FM CE Timing Responsible Mitigation/M Department onitoring CITY ENGINEERING STANDARD CONDITIONS BL: Business License PS: Planning Services GP: Grading Permit BS: Building Services BP: Building Permit FD: Fire Department FI: Final Inspection PD: Police Department TO: Temporary Occupancy CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney 28 Per municipal code section 9-4.160, the developer shall GP, BP CE NA slurry seal San Rafael Road across the frontage of the property to a width of 1/2 the roadway plus ten (10) feet. 29 Septic system installation shall be inspected and certified GP, BP CE NA by a registered engineer in responsible charge for the design of the system. 30 In the event that the applicant bonds for the public FM CE NA improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 31 The Subdivision Improvement Agreement shall record GP, BP CE NA concurrently with the Final Map. 32 An engineer's estimate of probable cost shall be FM CE NA submitted for review and approval by the City Engineer City of Atascadero Community Development Department to determine the amount of the bond. 33 A six (6) foot Public Utility Easement (PUE) shall be GP, BP CE NA provided contiguous to the property frontage along San Rafael Road. 34 The applicant shall acquire title interest in any off-site GP, BP CE NA land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 35 Slope easements shall be obtained by the applicant as GP, BP CE NA needed to accommodate cut or fill slopes. 36 Drainage easements shall be obtained/provided by the GP, BP CE NA applicant as needed to accommodate both public and private drainage facilities. 37 A preliminary subdivision guarantee shall be submitted FM CE NA for review in conjunction with the processing of the tract map. 38 The final tract map shall be submitted in compliance with FM CE NA the Subdivision Map Act, and when found to be in compliance with the Subdivision Map Act, signed by the City Engineer/surveyor prior to the map being placed on theagenda for City Council acceptance. 39 Prior to recording the tract map, the applicant shall pay all FM CE NA outstanding plan check/inspection fees. 40 Prior to recording the tract map, the applicant shall bond FM CE NA for or complete all improvements required by these conditions of approval. 41 Prior to consideration and approval of the tract map by FM CE NA the City Council, the applicant shall submit a copy of a valid San Luis Obispo County tax bond. 42 Prior to recording the tract map, the applicant shall bond FM CE NA for or set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the tract 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. 43 Prior to recording the tract map, the applicant shall FM CE NA 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. 44 All existing and proposed utility, pipeline, open space, or FM CE NA City of Atascadero Community Development Department other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. The applicant shall show all access restrictions on the final map. 45 Private sewage pipelines shall be added to the allowed FM CE NA utilities in the 50' access easement. 46 Prior to recording the tract map, the applicant shall have FM CE NA 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 tract map. 47 All public improvements shall be constructed in GP, BP CE NA conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer 48 The on-site residential streets shall be designed and GP, BP CE NA improved consistent with the tentative tract map and City standard Drawings and Specifications and the Manual for Uniform Traffic Control Devices. 49 Off-site streets shall be improved consistent with the GP, BP CE NA tentative tract map. 50 Alignment of frontage improvements shall be approved GP, BP CE NA by the City Engineer. 51 A mechanism to provide for the funding of maintenance FM CE NA for lighting, street improvements, special paving surfaces, sewer, storm drain, common area landscape, open space, and hardscape shall be provided. The mechanism shall be approved by the City prior to recordation of the Final Map. 52 Prior to the issuance of building permits the applicant GP, BP CE City Engineer shall submit plans and supporting calculations/reports approved including street improvements, underground utilities, plans composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. 53 Prior to the issuance of building permits the applicant GP, BP CE City Engineer shall submit calculations to support the design of any approved drainage structures or pipes. Closed conduits shall be plans designed to convey the 10 -year flow with gravity flow, the 25 -year flow with head, and provide safe conveyance for the 100- ear overflow. 54 Undergrounding of Utilities: GP, BP CE All new utilities shall be placed undergrounded on project frontage and onsite, except accessory facilities such as City of Atascadero Community Development Department terminal boxes, meter cabinets and transformers. Timing Responsible Mitigation Department Monitoring CITY ENGINEERING MITIGATION MEASURES BL: Business License GP: Grading Permit PS: Planning Services BS: Building Services BP: Building Permit FI: Final Inspection FD: Fire Department PD: Police Department TO: Temporary Occupancy CE: City Engineer FO: Final Occupancy WW: Wastewater CA: City Attorney 55 Prior to the issuance of building permits the applicant GP, BP CE City shall provide for the detention and metering out of Engineer developed storm runoff so that it is equal to or less than approved undeveloped year storm runoff in accordance with City plans Standards. 56 Drainage basins shall be designed to desilt, detain and GP, BP CE City meter storm flows as well as release them to natural Engineer runoff locations. approved plans 57 A mechanism for funding and maintenance of the storm FM CE City drain/detention facilities shall be provided and shall Engineer provide for long-term maintenance and monitoring. The approved Maintenance agreement shall be found acceptable to the plans City prior to recordation of the Final Map. 58 Prior to the issuance of building permits the applicant GP, BP CE City shall show the method of dispersal at all pipe outlets. Engineer Include specifications for size & type. approved plans 59 Prior to the issuance of building permits the applicant GP, BP CE City shall show method of conduct to approved off-site Engineer drainage facilities. approved plans 60 Concentrated drainage from off-site areas shall be GP, BP CE City conveyed across the project site in drainage easements. Engineer Acquire drainage easements where needed. Drainage approved shall cross lot lines only where a drainage easement has plans been provided. If drainage easement cannot be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. 61 Applicant shall submit erosion control plans and a Storm GP, BP CE RWQCB Water Pollution Prevention Plan (SWPPP). The Regional Review/ Water Quality Control Board shall approve the SWPPP permit in accordance with its policies. EXHIBIT C: Vestina Tentative Map (Tract No. 2788) %.,, Cv b� Fi ..Va► Q_ !}! t rT , � - - � � fes''~ %`!• t4-- — r ` � Sp I v ■ �. I y _; I _�x ?c 1 .� :t r-•voa �� 's �T ?