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HomeMy WebLinkAboutPC_2008-01-15_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, January 15, 2008 — 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson O'Keefe Vice Chairperson Fonzi Commissioner Jack Commissioner O'Grady Commissioner Slane Commissioner Marks Commissioner Heatherington Chairperson will read the decorum guidelines PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA 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. 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 five 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) City of Atascadero Planning Commission Agenda CONSENT CALENDAR Regular Meeting January 15, 2008 Page 2 of 5 (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 DECEMBER 18, 2007. 2. APPROVAL OF TIME EXTENSION ON TENTATIVE PARCEL MAP 2004-0065, 6910 NAVAJOA AVE., (YOUNG/VAUGHN) COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS (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 five minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s)) 3. PLN 2007-1262, CONDITIONAL USE PERMIT, 13765 MORRO ROAD Owner: James W. Smith, Midstate Properties, 1320 Archer St., San Luis Obispo, CA 93401 Applicant: Kristen M. Silva, 13765 Old Morro Rd., Atascadero, CA 93422 Project Title: PLN 2007-1262/CUP 2007-0222 Project Location: 13765 Old Morro Road, Atascadero, CA 93422 Project (San Luis Obispo County) APN 055-311-018 Project An application for a Conditional Use Permit to establish a dog kennel within an existing Description: residence. The application includes dog runs and kennels for the purpose of selling puppies. All facilities are existing and there will not be any additional construction. Proposed Class 1, Categorical Exemption Section 15301: Existing Facilities Environmental Determination: 4. PLN 2007-1271, CONDITIONAL USE PERMIT AMENDMENT, 5000 SAN PALO Owner: San Palo Partners, LLC c/o Ogden & Fricks, LLP, 656 Santa Rosa Street, 2n Floor, San Luis Obispo, CA 93401 Applicant: Bill Royer, 1375 Lincoln Lane, Lemoore, CA 93245 Project Title: PLN 2007-1271/CUP Amendment for CUP 1999-002 Project Location: 5000 San Palo Road, Atascadero, CA 93422 (San Luis Obispo County) APN 049-225-008 Project An application for an Amendment to Conditional Use Permit 1999-002 to allow sales and service of boats on a site currently approved and developed for City of Atascadero Planning Commission Agenda Regular Meeting January 15, 2008 Page 3 of 5 Description: automobile sales. General Plan Designation: General Commercial (GC) Zoning District: Commercial Tourist CT Proposed Class 1, Categorical Exemption Section 15301: Existing Facilities Environmental 93422 Determination: Planned Development Project: Adamski, Moroski, Madden & Green, LLP, P.O. Box 5. PLN 2007-1197, PLN 2007-1243, PLN 2007-1251,6905 NAVAJOA AVE. PLANNED DEVELOPMENT Owners: Lot 1: Atascadero Homeowners, LLC, Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422 Lots 2 & 3: MLW Holdings, LLC, P.O. Box 604, Atascadero, CA 93423 Applicants: General Plan Amendment: City of Atascadero, 6907 EI Camino Real, Atascadero, CA 93422 Planned Development Project: Adamski, Moroski, Madden & Green, LLP, P.O. Box 3835, San Luis Obispo, CA 93403 Project Title: PLN 2007-1243 / PLN 2007-1251/ PLN 2007-1197 General Plan Amendment for Atascadero Avenue 11 -Unit Residential Planned Development Project Location: 6905 Navajoa Avenue, Atascadero, CA 93422 (San Luis Obispo County) APN 030-283-005; Lots 1, 2, and 3 Project The project consists of an application for a City initiated General Plan Text Description: Amendment, Land Use Diagram Amendment, and Zoning Map Amendment. The project site is approximately 1.9 acres and consists of three parcels. The General Plan Land Use designation on Lot 1 would be changed from Recreation to High Density Residential. Currently, the General Plan requires that the project site be developed with a Master Plan of Development, including a minimum'/2 acre park on Lot 1. This application proposes to amend the Master Plan of Development to remove the requirement for a 'h acre park, and allow two residential units on Lot 1. Two separate applications have been submitted for the development of the parcels. 1. Lot 1: A PD -7 Overlay is proposed on Lot 1. A Parcel Map is included which proposes to create three parcels, two of which will be developed with single-family residences, and the third is proposed as a private park. 2.) Lots 2 & 3: The project proposes a PD -7 Overlay with nine single-family units. The project includes a tree removal application for 8 Black Walnuts, totaling 310 inches DBH. Lot sizes in both projects range from 5700-8700 sq. ft. The residences are proposed at approximately 1567 sq. ft. with two -car garages. A total of 4,040 cu. yards of fill will be required to develop the 11 units. Drainage basins are incorporated into the site plan and the residences would connect to City sewer. General Plan Designation: High Density Residential (HDR) & Recreation (REC) Zoning District: Residential Multi -Family -16 (RMF -16) & Recreation (L) Proposed Based on the Initial Study prepared for the project, a Negative Declaration is Environmental proposed. The proposed Negative Declaration is available for public review from Determination: December 27, 2007 through January 15, 2008 at 6907 EI Camino Real, Community Development Department, from 8 a.m. to 5 p.m., Monday through Friday. City of Atascadero Planning Commission Agenda Regular Meeting January 15, 2008 Page 4 of 5 COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on February 5, 2008 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 January 15, 2008 Page 5 of 5 City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m., at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall Annex business hours at the Community Development counter and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-5000, or the City Clerk's Office, (805) 461-5000. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Commission regarding the matter being considered to step up to the podium. If you wish to speak for, against, or comment in any way: • You must approach the podium and be recognized by the Chairperson • Give your name and address (not required) • Make your statement • All comments should be made to the Chairperson and Commission • All comments limited to 5 minutes (unless changed by the Commission) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at least 24 hours prior to the meeting. Access to hook up your laptop to the City's projector will be provided. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Chairperson before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "PUBLIC HEARINGS", the Chairperson will call for anyone from the audience having business with the Commission to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Commission's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Commission). CALL TO ORDER ITEM NUMBER: 1 DATE: 1-15-08 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, December 18, 2007 — 7:00 P.M. Chairperson O'Keefe called the meeting to order at 7:00 p.m. and Commissioner Slane led the Pledge of Allegiance. ROLL CALL Present: Commissioners Heatherington, Jack, Marks, O'Grady, Slane, Fonzi and Chairperson O'Keefe Absent: None Others Present: Recording Secretary Grace Pucci Staff Present: Community Development Director Warren Frace, Public Works Director / City Engineer Steve Kahn, Deputy Community Development Director Steve McHarris, Senior Planner Kelly Gleason, and Associate Planner Callie Taylor. Chairperson O'Keefe read the decorum guidelines. PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA MOTION: By Commissioner Jack and seconded by Commissioner Marks to approve the agenda. Motion passed 7:0 by a roll -call vote. PC Draft Minutes 12/18/07 Page 1 of 8 DISCLOSURE OF EX PARTE COMMUNICATIONS: ■ Commissioner O'Grady stated he visited both sites but had no conversations about them. ■ Commissioner Jack stated he visited the Carl's Jr. site but did not speak with anyone. ■ Vice Chairperson Fonzi stated she visited both sites and spoke with staff. ■ Chairperson O'Keefe stated she spoke to staff. ■ Commissioner Marks stated he visited both sites but did not have discussions with anyone. ■ Commissioner Heatherington stated she visited both sites and had correspondence with staff regarding her proximity to one of the projects. PUBLIC COMMENT Maryann Stansfield speaking on behalf of several Dove Creek neighbors expressed concern with the height of the fence separating their yards from the public sidewalk. For reasons of safety for their children and pets, privacy, and security for their personal property, they would like the fences to be six feet. Joshua Johnson, Dove Creek neighbor, stated he had sent several emails to the City Council and has not been able to get a clear answer on what to do about the fence heights. He also was concerned about safety issues with the four foot fence. Chairperson O'Keefe closed the Public Comment period. Chairperson O'Keefe asked staff to address the issues raised during the Public Comment period. Community Development Director Warren Frace explained that this project is subject to a Planned Development and all public walkways and open space areas were required to have a four foot high fence. Centex has been informed by staff that they can approve a four foot fence with two feet of lattice at the top; however Centex wants to put in a solid six foot fence. Such a fence would require a Planned Development Amendment, which Centex decided not to file at this time. Director Frace answered questions of the Commission. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON OCTOBER 16, 2007. PC Draft Minutes 12/18/07 Page 2 of 8 2. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON NOVEMBER 20, 2007 3. APPROVAL OF THE 2008 PLANNING COMMISSION MEETING SCHEDULE Items pulled: Commissioner O'Grady Item #3 MOTION: By Commissioner Jack and seconded by Commissioner O'Grady to approve Items # 1 and 2. Motion passed 7:0 by a roll -call vote. (Jack abstained on Item #1) Item #3 Commissioner O'Grady asked the Commission if they would consider correlating the summer meeting schedule with that of the City Council, which would reduce meetings to one per month for July and August. There was Commission discussion on this suggestion and it was decided to keep the schedule as presented, with the option of cancelling a meeting if there were no items for the agenda. MOTION: By Commissioner O'Grady and seconded by Vice Chairperson Fonzi to approve Item # 3. Motion passed 7:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS 4. PLN 2007-1230, CONDITIONAL USE PERMIT, 7085 EL CAMINO REAL Owner: Atascadero Enterprises, LLC, 2505 Theatre Dr. Ste. A, Paso Robles, CA 93446 Applicant: CKE Restaurants, Inc, 401 W. Carl Karcher Way, Anaheim, CA 92801 Project Title: Carl's Jr. Drive-through Restaurant — PLN 2007-1230/CUP 2007-0217 Project 7085 El Camino Real, Atascadero, CA 93422 Location: APN 030-081-008 (San Luis Obispo County) Project The proposed project consists of an application for a Conditional Use Permit (CUP) to allow a drive - Description: through restaurant on a currently vacant commercial pad in an existing shopping center. The proposed restaurant will share the site with the previously approved Lube -n -Go facility, which is currently under construction. No native trees are proposed for removal and the project will take access from El Camino Real and off a shared access easement on the adjacent shopping center parcel. The access driveway off of EI Camino Real will be shared with the Lube -n -Go facility. An exit only driveway is proposed for the PC Draft Minutes 12/18/07 Page 3 of 8 Senior Planner Kelly Gleason gave the staff report and answered questions of the Commission. She stated Condition of Approval No. 14 had been revised to read: the stairs will be eliminated and the ramp will be pivoted back to allow landscaping in front of the accessible path of travel ramp up to the patio area. PUBLIC COMMENT John Murray, applicant's representative, answered questions of the Commission. Chairperson O'Keefe closed the Public Comment period. Commissioner Comments: Commissioner Marks: 1. The APCD and smart growth principles do not support drive through restaurants as they support vehicle dependency. 2. There are land use and open space element policies addressing higher standards for signs and gateway attractiveness that the project does not meet. 3. This is an entrance to City and a drive through sends the message to move on and not stay in the City. 4. This project does not address policies for reduction of pollution and circulation. 5. There are no bicycle facilities in the project. 6. The City has adopted smart growth principles which encourage walkable communities and a drive through encourages vehicle use. 7. He supports the restaurant but not the drive through feature. Vice Chairperson Fonzi: 1. Shares Commissioner Marks' concerns regarding drive through's. 2. Was disappointed with this proposal as she was hoping there would be a sit down restaurant on the site, however, these are individual lots and therefore it is not possible to put in that kind of restaurant on this site. 3. This is an infill project, which is encouraged with smart growth. 4. Has problems with the City Council not having a policy regarding drive through's, however, it would be discriminatory against the applicant to single them out. Commissioner Slane: 1. The project is not visually pleasing as motorists exit the off ramp. 2. In general he does not agree with drive through's and believes it will create an increase in traffic. However, he stated the Commission must consider that prior PC Draft Minutes 12/18/07 Page 4 of 8 drive-through component of the restaurant onto El Camino Real. General Plan Designation: General Commercial (GC) Zoning District: Commercial Retail (CR) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The Environmental proposed Mitigated Negative Declaration is available for public review at 6907 El Camino Real, Determination: Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Senior Planner Kelly Gleason gave the staff report and answered questions of the Commission. She stated Condition of Approval No. 14 had been revised to read: the stairs will be eliminated and the ramp will be pivoted back to allow landscaping in front of the accessible path of travel ramp up to the patio area. PUBLIC COMMENT John Murray, applicant's representative, answered questions of the Commission. Chairperson O'Keefe closed the Public Comment period. Commissioner Comments: Commissioner Marks: 1. The APCD and smart growth principles do not support drive through restaurants as they support vehicle dependency. 2. There are land use and open space element policies addressing higher standards for signs and gateway attractiveness that the project does not meet. 3. This is an entrance to City and a drive through sends the message to move on and not stay in the City. 4. This project does not address policies for reduction of pollution and circulation. 5. There are no bicycle facilities in the project. 6. The City has adopted smart growth principles which encourage walkable communities and a drive through encourages vehicle use. 7. He supports the restaurant but not the drive through feature. Vice Chairperson Fonzi: 1. Shares Commissioner Marks' concerns regarding drive through's. 2. Was disappointed with this proposal as she was hoping there would be a sit down restaurant on the site, however, these are individual lots and therefore it is not possible to put in that kind of restaurant on this site. 3. This is an infill project, which is encouraged with smart growth. 4. Has problems with the City Council not having a policy regarding drive through's, however, it would be discriminatory against the applicant to single them out. Commissioner Slane: 1. The project is not visually pleasing as motorists exit the off ramp. 2. In general he does not agree with drive through's and believes it will create an increase in traffic. However, he stated the Commission must consider that prior PC Draft Minutes 12/18/07 Page 4 of 8 Planning Commissions and City Councils had approved what was to be developed at this site, so he must support this. 3. Questioned if this could be considered infill as one business is being removed to go into another location, and he believes finding a tenant for the vacant Carl's Jr. may be problematic. Commissioner O'Grady: 1. Questioned the desirability of another drive through restaurant in Atascadero particularly at this location. 2. Referred to the General Plan smart growth principles which aim to attract new businesses for long term stable economic development, and did not think this proposal met the discussion on economic development in Atascadero. 3. From an appearance standpoint this is a sensitive and important location as an entry to Atascadero and a building so close to the street and raised by 30 additional inches will create a bad situation for that location. 4. Has concerns about traffic safety. 5. This is not the right use for this site. Such CUP requests must be looked at on a case-by-case basis. Commissioner Jack: 1. Concerned about traffic safety issues. 2. Expressed concern with the Planning Commission attempting to dictate policy that falls under the jurisdiction of the City Council, and until the Council has seen fit to prohibit drive through's, this is not the jurisdiction of the Commission. Commissioner Heatherington: 1. Could make Findings Nos. 3 and 4, and commented that the APCD has been clear about the impacts of idling and the pollution it causes. 2. The applicant's comments regarding discouraging pedestrian access from the top of the site flies in the face of pedestrian friendly development. 3. This area is a gateway to the community and this only invites you to drive through and get back on the freeway. 4. Has concerns with the circulation plan. 5. Could not support this project for health and safety reasons. Chairperson O'Keefe: 1. Carl's Jr. is no different from the other franchise restaurants in town and they have designed an attractive building. 2. As long as the City allows drive through's with a CUP, staff cannot just deny an applicant. 3. Does not like drive through's however, they are an allowable use, so it is up to the Commission to tell the Council they are having a problem with this. 4. Does not have a problem with pedestrian access to the restaurant. 5. Has concerns regarding the traffic circulation, and can foresee a lot of accidents at the entrance/exit areas. PC Draft Minutes 12/18/07 Page 5 of 8 PUBLIC COMMENT Stuart Voltz, Carl's Jr. representative, stated it was his understanding that this use was approved under the previous Lube N Go CUP. He indicated there is a traffic report that has addressed circulation in conjunction with the entire center, and what is proposed complies with the recommendations of that report. He further stated that the company would not go ahead with the application if the drive through were not approved. Mr. Voltz answered questions of the Commission. Adam Scattini, co-owner of the project site, stated he knew this could be an issue when he went before the Commission with the last amendment to his use permit. He explained that he has been negotiating with the applicant for a long time, and had requested that their site be approved for a pad with a drive through, which he believes the Commission had approved. Chairperson O'Keefe closed the Public Comment period. Deputy Community Development Director Steve McHarris explained that at the time the Lube N Go project was before the Commission the applicant, who owns entire site, was anticipating a drive through restaurant, but no application had been received. One component of the Lube N Go approval was that if a future CUP was applied for, a drive through exit in the location shown tonight would be acceptable. MOTION: By Commissioner Slane and seconded by Commissioner Jack to adopt Resolution PC 2007-0098, certifying the Proposed Mitigated Negative Declaration and approving the request for a Conditional Use Permit to construct a drive-through restaurant on an existing vacant commercial pad in a commercial retail zone with staff's amendments to Condition #14, and applicant to stay within the limits for signage as proposed by the city. Motion passed 4:3 by a roll -call vote. (O'Grady, Heatherington, Marks opposed) 5. PLN 2007-1216, CONDITIONAL USE PERMIT FOR 7580 CASTANO AVE. Owner: Leonard Byrd, 7580 Castano Ave., Atascadero, CA 93422 Project Title: PLN 2007-1216 / Conditional Use Permit 2007-0215 Project 7580 Castano Ave., Atascadero, CA 93422 Location: APN 029-141-015 (San Luis Obispo County) Project The proposed project consists of an application for a Conditional Use Permit (CUP) to allow a front Description: setback reduction for on a sloping lot an oversized garage. The garage is proposed at 680 square feet, which exceeds 50% of the size of the main residence on site, and therefore requires Planning Commission approval. General Plan Designation: Single Family Residential -Y Zoning District: Residential Single Family -Y PC Draft Minutes 12/18/07 Page 6 of 8 Proposed Exempt per CEQA Section 15303: New Construction or Conversion of Small Structures Environmental Determination: Associate Planner Callie Taylor gave the staff report and answered questions of the Commission. PUBLIC COMMENT Leonard Byrd, applicant, stated that once he received the stop work order, no other work was done, and he addressed several issues raised by the Commission. Mr. Byrd answered questions of the Commission. Chairperson O'Keefe closed the Public Comment period. Chairperson O'Keefe stated she has a problem with regard to this fitting into the character of the neighborhood. She believes the patio area does not fit in, but if the garage was made to look like a garage with a slant to the roof and finished off, it would not exceed the size and fit in with the neighborhood and under those circumstances she could approve the setback. Commissioner Heatherington stated she could vote for this if the top was taken off to make the garage more conventional looking. MOTION: By Chairperson O'Keefe to approve the Conditional Use Permit for the front setbacks and to deny the Use Permit for the additional flooring. The motion died for lack of a second. MOTION: By Vice Chairperson Fonzi and seconded by Commissioner Slane to approve the front set back exception and approve the Conditional Use Permit with modifications to the structure to allow the applicant to have the patio as long as it is enclosed with a railing only and not enclosed with a wall, and that the applicant also put a door on the garage. Motion passed 4:3 by a roll -call vote. (O'Grady, Heatherington, O'Keefe opposed) COMMISSIONER COMMENTS AND REPORTS Commissioner Heatherington recommended that when Chairperson O'Keefe and Vice Chairperson Fonzi have the joint meeting with the Mayor and Mayor Pro Tem they bring up the issue of drive through's. PC Draft Minutes 12/18/07 Page 7 of 8 Commissioner Marks thanked staff for the follow up on his comments last week regarding business signs, and spoke about the proliferation of a -frame signs along EI Camino Real. Community Development Director Warren Frace explained that sign enforcement is complaint driven, and that the Code Enforcement Officer has been out to the specific businesses discussed a number of times. Chairperson O'Keefe questioned the clouded title on Traffic Way Park. Director Frace stated he briefed the new City Attorney on this issue. The City Attorney is of the opinion that the assessor's interpretation of how the map was worded is incorrect and that the title deed for that property should be conveyed to the City. DIRECTOR'S REPORT Community Development Director Frace stated the City Clerk has received a notice of intent to file an initiative to create restrictions on big box stores in Atascadero, limiting the area of non-taxable grocery items. Director Frace Introduced Regan Candelario, consultant from Tierra West, who will be working with the City on a housing strategy for spending the housing redevelopment monies and the in -lieu fees created through the City's Inclusionary Program. Mr. Candelario addressed the Commission. Director Frace announced that staff is working on a matrix of all zoning land uses, and is planning a study session report for a future agenda. Director Frace reviewed the agenda for the January 15th Planning Commission meeting. ADJOURNMENT Chairperson O'Keefe adjourned the meeting at 9:15 p.m. to the next regularly scheduled meeting of the Planning Commission on January 15, 2008. MINUTES PREPARED BY: Grace Pucci, Recording Secretary \\Cityhall\cdvlpmnt\— PC Minutes\PC Minutes 07\PC Draft Minutes 12-18-07.doc PC Draft Minutes 12/18/07 Page 8 of 8 ITEM NUMBER: 2 DATE: 1-15-08 Planning Commission Staff Report Consent Agenda Time Extension TPM 2004-0065 6910 Navajoa Avenue (Young/Vaughn) SUBJECT: Consideration of a one-year Time Extension for Tentative Parcel Map TPM 2004-0065. RECOMMENDATION: Staff Recommends: Adopt Resolution PC 2008-0001, thereby approving a one-year Time Extension of Tentative Parcel Map 2004-0065 in compliance with Sections 11-4.23(a) and 11-4.33(b) of the Subdivision Ordinance. SITUATION AND FACTS: 1. Applicant: Donald Vaughn 605 Garcia Road, Atascadero, CA 93422 2. Owner: Randy Young P.O. Box 744, San Miguel, CA 93451 3. Project Address: 6910 Navajoa Avenue, Atascadero, CA 93422 APN: 030-373-020 4. General Plan Designation: Medium Density Residential (MDR) 5. Zoning District: Residential Multi -Family, 10 units/acre (RMF -10) 6. Site Area: 0.49 acres (+/-) 7. Existing Use: Vacant 8. Environmental Status: Certified Mitigated Negative Declaration 2005-0052 ITEM NUMBER: 2 DATE: 1-15-08 DISCUSSION: Background: The project was approved in January of 2006 for a subdivision of four single-family residences on an existing 0.49 acre lot of record. The project is to be developed under the requirements of Planned Development Overlay #25 standards, and the approved Master Plan of Development. Four new single-family residences were approved along with the demolition of an existing residential unit and accessory structure. The proposed residences range in size from 1,440 square feet and 1,894 square feet. One (1) 7 inch DBH native Live Oak tree is proposed for removal. Analysis: The applicant has applied for a one-year time extension for Tentative Parcel Map 2004- 0065. The applicant states that the project has been stalled due to current market conditions. The applicant submitted for a Final Map on September 27, 2006. The Final Map is currently out for corrections and the applicant has been in contact with staff to complete the Final Map requirements. Since approval of the Tentative Map, the applicant has been working to complete storm drain and sewer laterals for the project. The single family residence which was located on site has been demolished; the site is currently vacant. The Subdivision Map Act mandates an initial two-year life and, by local ordinance, the City can extend initial life up to an additional 12 months. Additionally, the City may extend the time at which the map expires for a period or periods not to exceed a total of five years. These are discretionary extensions. The application for the extension must be filed prior to the expiration date. The Planning Commission has discretion on whether they want to extend the map, or they can defer the decision to the City Council. The Planning Commission may add or modify any conditions of approval, prior to granting the Time Extension, to ensure the project remains consistent with updated ordinances and policy. Staff is not recommending any modifications with this Time Extension. Map History: Approval Expiration Original Approval January 10, 2006 January 10, 2008 Time Extension 1 Applied 12/05/2007 January 10, 2008 January 10, 2009 CONCLUSION: The City Council found the proposed Parcel Map, as conditioned, is consistent with the 2002 General Plan and Zoning Ordinance and the lot configurations are consistent with the requirements of the Subdivision Ordinance. Staff recommends the Planning Commission approve the Time Extension as requested. ITEM NUMBER: 2 DATE: 1-15-08 ALTERNATIVES: 1. The Commission may approve the Time Extension subject to additional or revised project conditions. 2. The Commission may deny the Time Extension if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. PREPARED BY: Scott Kaiser, Planning Intern ATTACHMENTS: Attachment 1 - Location Map (General Plan & Zoning) Attachment 2 - TPM 2004-0065 Attachment 3 - Approved Conditions of Approval and Mitigation Monitoring Attachment 4 - Draft Resolution PC 2008-0001 ATTACHMENT 1: Location Map (General Plan / Zoning) TPM 2004-0065 6910 Navajoa Ave 6570 TP I Project Location: 6910 Navajoa Avenue 6760 -- -so 6 ITEM NUMBER: 2 DATE: 1-15-08 66-j 6500 652o 7o d` 8881 6600 O ' 8855 6875 6865 n85 6895 6905 pO 11119 do C3 F; _;. P�OO' 7035 Zoning District: Residential Multi -Family 10 units/acre (RMF -10) approved for Planned Development #25 (PD -25) Land Use Designation: Medium Density Residential (MDR) 8 7900000 11j110 42 "! 87 2JD 6825 II i 6835 6820 6845 6860 6910 6920 0020 =8899= 693 8991 070 I M40 ITEM NUMBER: 2 DATE: 1-15-08 66-j 6500 652o 7o d` 8881 6600 O ' 8855 6875 6865 n85 6895 6905 pO 11119 do C3 F; _;. P�OO' 7035 Zoning District: Residential Multi -Family 10 units/acre (RMF -10) approved for Planned Development #25 (PD -25) Land Use Designation: Medium Density Residential (MDR) 8 7900000 ITEM NUMBER DATE: 1-15-08 ATTACHMENT 2: TPM 2004-0065 6910 Navajoa Avenue a� 4 anus n D � O f n � w Y x C X.: T in_.' $i �E� ITEM NUMBER DATE: 1-15-08 Attachment 3: Conditions of Approval / Mitigation Monitoring TPM 2004-0065 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services 6910 Nava oa Avenue License GP: Grading BS: Building TPM 2004-0065 Permit Services BP: Building FD: Fire Department Permit FI: Final PD: Police Department Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater CA: City Attorney FO: Final Occupancy Planning Services 1. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2004-0087 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Tract Map shall be valid for two years after its FM PS 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 the authority to FM PS approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The granting of this entitlement shall apply to the property located at (APN Ongoing PS 030-373-020) regardless of owner. 5. The Final Map shall be drawn in substantial conformance with the approved FM PS 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. 6. The subdivider shall defend, indemnify, and hold harmless the City of FM PS 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. 7. The Parcel Map shall be subject to additional fees for park or recreation FM PS purposes (QUIMBY Act) as required by City Ordinance. 8. The emergency services and facility maintenance costs listed below BP PS shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds shall be by the City. Developer arees to participate in ITEM NUMBER DATE: 1-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services 6910 Nava oa Avenue License GP: Grading BS: Building TPM 2004-0065 Permit Services BP: Building FD: Fire Department Permit FI: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy CA: City Attorney FO: Final Occupancy the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 9. All tract maintenance costs listed below shall be 100% funded by the BP PS project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. ■ All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. ■ All parks, trails, recreational facilities and like facilities. ■ All open space and native tree preservation areas. ■ All drainage facilities and detention basins. ■ All creeks, flood plains, floodways, wetlands, and riparian habitat areas. ■ All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. ■ All frontage landscaping and sidewalks along arterial streets 10. Prior to Final Map, the applicant shall submit CC&Rs for review and FM PS approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping in perpetuity. b A detailed list of each individual homeowner's responsibilities for ITEM NUMBER DATE: 1-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services 6910 Nava oa Avenue License GP: Grading BS: Building TPM 2004-0065 Permit Services BP: Building FD: Fire Department Permit FI: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy CA: City Attorney FO: Final Occupancy maintenance of the individual units. c) Residents shall keep all trash receptacles within the unit's designated trash storage area. d) Garages shall be maintained and used for vehicle parking. e) No boats, RV's or other type of recreation vehicle may occupy a guest or resident parking space, including within an individual garage. f) 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. Affordable Housing Requirement: The applicant shall either designate one FM/BP PS/CA unit as moderate -income unit, deed -restricted for a 30 -year period or pay an in -lieu fee of 5% of the valuation of the market rate unit(s) prior to or concurrent with final map. 12. Affordable Workforce Housing FM/BP PS Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve '/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; The Atascadero resident or worker restriction shall apply to the initial sale only; The applicant shall identify which units will be reserved; and The City Attorney shall approve the final form of the agreement. City Engineer Conditions Grading and Drainage ITEM NUMBER DATE: 1-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services 6910 Navajoa Avenue License GP: Grading BS: Building TPM 2004-0065 Permit Services BP: Building FD: Fire Department Permit FI: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy CA: City Attorney FO: Final Occupancy 13. Obtain approval by the City Engineer of the grading & drainage plan and BP, GP CE the storm drain design & facilities. 14. Submit calculations to support the design of any structures or pipes. Closed BP, GP CE 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 overnow. 15. Provide for the detention of the 50 year developed storm runoff, while BP, GP CE metering out the 2 year undeveloped storm runoff. Metered runoff must follow existing drainage patterns. Onsite detention may be mitigated by the installation of a storm drain system that ties to the existing storm drain in Atascadero Ave. Applicant shall submit drainage calculations showing that adequate capacity is available. 16. Show the method of dispersal at all pipe outlets. Include specifications for BP, GP CE size & type. 17. Existing drainage patterns from adjacent properties shall not be obstructed. BP, GP CE 18. All drainage from improvements shall cross property lines within drainage FM CE easements. Public Improvements and Maintenance: Navaioa Avenue 19. The applicant must provide for the repair and maintenance of on-site shared improvements. This includes roads, sidewalks, street trees, streetlights, private sewer system, drainage facilities, recreation areas and common landscaping. 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. Assessment District and Landscape and Lighting 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 Engineer and City Attorney shall approve the final form prior to recordation. 20. The Applicant shall widen Navajoa and construct curb and gutter, in BP, GP CE accordance with City Standards, along the entire property frontage. 21. The applicant shall overlay or slurry seal the entire street frontage of BP, GP CE Navajoa, as directed by the City Engineer. ITEM NUMBER DATE: 1-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services 6910 Nava oa Avenue License GP: Grading BS: Building TPM 2004-0065 Permit Services BP: Building FD: Fire Department Permit FI: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy CA: City Attorney FO: Final Occupancy SANITARY SEWER CONDITIONS 22. The applicant shall pay sewer Extension (Annexation) and Connection fees BP, GP CE upon issuance of building permit. 23. Drainage piping serving fixtures which have flood level rims located below BP, GP CE the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve Fixtures above such elevation shall not discharge through the backwater valve. 24. Each building shall be separately and independently connected with the BP, GP CE public sewer. 25. Private utility easements will be required for sewer laterals that cross BP, GP CE private property lines. 26. Prior to recording the final map, provisions for the repair and maintenance BP, GP CE of the private sewer shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private sewer, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. 27. Gravity mains and other sewer facilities within the subdivision shall be BP, GP CE privately owned and maintained. STANDARD CONDITIONS 28. All public improvements shall be constructed in conformance with the City BP, GP CE of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 29. In the event that the applicant is allowed to bond for the public FM CE improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 30. An engineer's estimate of probable cost shall be submitted for review and FM CE approval by the City Engineer to determine the amount of the bond. 31. The Subdivision Improvement Agreement shall record concurrently with the FM CE Final Map. 32. The applicant shall be responsible for the relocation and/or alteration of BP, GP CE existing utilities. 33. The applicant shall install all new utilities (water, gas, electric, cable TV and BP, GP CE telephone) underground. Utilities shall be extended to the property line ITEM NUMBER DATE: 1-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services 6910 Nava oa Avenue License GP: Grading BS: Building TPM 2004-0065 Permit Services BP: Building FD: Fire Department Permit FI: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy CA: City Attorney FO: Final Occupancy frontage of each lot or its public utility easement. 34. The applicant shall monument all property corners for construction control FM CE and shall promptly replace them if disturbed. 35. The applicant shall acquire title interest in any off-site land that may be FM CE 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. 36. Slope easements shall be provided as needed to accommodate cut of fill FM CE slopes. 37. Drainage easements shall be provided as needed to accommodate both FM CE public and private drainage facilities. 38. The final map shall be signed by the City Engineer prior to the map being FM CE placed on the agenda for City Council acceptance. 39. Prior to recording the tract map, the applicant shall submit a map drawn in FM CE substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 40. Prior to recording the map, the applicant shall set monuments at all new FM CE 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 map, the applicant shall complete all improvements FM CE required by these conditions of approval 42. Prior to recording the Tract Map, the applicant shall have the map reviewed FM CE 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. 43. Upon recording the Final Map, the applicant shall provide the City with a FM CE black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 44. Prior to the final inspection of any public improvements, the applicant shall FM CE submit a written statement from a registered civil engineer that all work has ITEM NUMBER DATE: 1-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services 6910 Nava oa Avenue License GP: Grading BS: Building TPM 2004-0065 Permit Services BP: Building FD: Fire Department Permit FI: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy CA: City Attorney FO: Final Occupancy been completed and is in full compliance with the approved plans. 45. Prior to the final inspection, the applicant shall submit a written certification BP, GP CE from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 46. An encroachment permit shall be obtained prior to any work within City BP, GP CE rights of way. 47. Prior to the issuance of building permits the applicant shall submit a grading BP, GP CE and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. Atascadero Mutual Water Company 48. Before the issuance of building permits, the applicant shall submit plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross -connection devices shall conform to AWWA and California Department of Health Services standards. 49. Before the start of construction on the water system improvements, the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. 50. Before issuance of building permits, the applicant shall obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. 51. The applicant shall provide AMWC with easements for those water facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 52. The applicant is responsible for designing and constructing water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. 53. The applicant shall obtain a separate landscape -irrigation meter from AMWC for the common areas within the project. Landscaping for common areas shall be drought -tolerant. The landscaping for common ITEM NUMBER DATE: 1-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services 6910 Nava oa Avenue License GP: Grading BS: Building TPM 2004-0065 Permit Services BP: Building FD: Fire Department Permit FI: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy CA: City Attorney FO: Final Occupancy areas shall conform to the mitigation measures noted in Table II -7, Hydrology and Water Quality, of the General Plan 2025. The applicant shall keep the use of turf grass in common area landscaping and in other areas to a minimum. Mitigation Measures 54. Mitigation Measure 1.c.1: The shared driveway shall be of a decorative BP PS 1.c.1 nature to minimize the visual impact of the paved area. 55. Mitigation Measure 1.d.1: Exterior lighting shall be limited to wall BP PS 1.d.1 mounted building lighting only. All exterior lighting shall be designed to eliminate any off site glare and shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Fixtures shall be shield cut- off type and compatible with historic setting, subject to staff approval. 56. Mitigation Measure 3.b.1: The project shall be conditioned to comply BP BS 3.b.1 with all applicable District regulations pertaining to the control of fugitive dust (PM-) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. ■ Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If Naturally Occurring Asbestos (NOA) is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. . If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Should Naturally Occurring Asbestos be identified within the area of construction, and the worked area will be less than or equal to one acre, then the dust control measures identified below are required. If the disturbed area is greater than one acre, additional requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. ■ Dust Control Measures for Construction and Grading Operation Projects One Acre or Less: No person shall engage in any construction or grading operation on property where the area to ITEM NUMBER DATE: 1-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services 6910 Nava oa Avenue License GP: Grading BS: Building TPM 2004-0065 Permit Services BP: Building FD: Fire Department Permit FI: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy CA: City Attorney FO: Final Occupancy be disturbed is one (1.0) acre or less unless all of the following dust mitigation measures are initiated at the start and maintained throughout the duration of the construction or grading activity: (A) Construction vehicle speed at the work site must be limited to fifteen (15) miles per hour or less; (B) Prior to any ground disturbance, sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; (C) Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; (D) Storage piles must be kept adequately wetted, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile; (E) Equipment must be washed down before moving from the property onto a paved public road; and (F) Visible track -out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four (24) hours. 57. Mitigation Measure 4.e.1: The Grading Plan shall identify tree protection GP PS 4.e.1 fencing around the dripline of each existing on-site or off-site native tree within 20 feet of construction activity. 58. Mitigation Measure 4.e.2: Grading and excavation and grading work GP PS 4.e.2 shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within the area of work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. 59. Mitigation Measure 4.e.3: An arborists report shall be required prior to GP PS 4.e.3 project implementation. The report shall identify each native tree proposed for removal and each tree within the project area subject to potential impact. ITEM NUMBER DATE: 1-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services 6910 Nava oa Avenue License GP: Grading BS: Building TPM 2004-0065 Permit Services BP: Building FD: Fire Department Permit FI: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy CA: City Attorney FO: Final Occupancy 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 9-11.5. 60. Mitigation Measure 6.b: The grading permit application plans shall GP CE 6.b 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. 61. Mitigation Measure 6.c.d: A soils report shall be required to be GP BS 6.c.d 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. 62. Mitigation Measure 8.e.f: The developer is responsible for ensuring that BP CE 8.e.f all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop work orders. 63. Mitigation Measure 11.d: All construction activities shall comply with the Ongoing BS/PS 11.d City of Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. Planning Services 54. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty (30) days following the City ITEM NUMBER DATE: 1-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services 6910 Nava oa Avenue License GP: Grading BS: Building TPM 2004-0065 Permit Services BP: Building FD: Fire Department Permit FI: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy CA: City Attorney FO: Final Occupancy Council approval of ZCH 2004-0087 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 55. Approval of this Tentative Tract Map shall be valid for two years after its FM PS 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. 56. The Community Development Department shall have the authority to FM PS approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 57. The granting of this entitlement shall apply to the property located at (APN On going PS 030-373-020) regardless of owner. 58. The Final Map shall be drawn in substantial conformance with the approved FM PS 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. 59. The subdivider shall defend, indemnify, and hold harmless the City of FM PS 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. 60. The Parcel Map shall be subject to additional fees for park or recreation FM PS purposes (QUIMBY Act) as required by City Ordinance. 61. The emergency services and facility maintenance costs listed below BP PS shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance ITEM NUMBER DATE: 1-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services 6910 Nava oa Avenue License GP: Grading BS: Building TPM 2004-0065 Permit Services BP: Building FD: Fire Department Permit FI: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy CA: City Attorney FO: Final Occupancy service costs related to the project. 62. All tract maintenance costs listed below shall be 100% funded by the BP PS project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. ■ All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. ■ All parks, trails, recreational facilities and like facilities. ■ All open space and native tree preservation areas. ■ All drainage facilities and detention basins. ■ All creeks, flood plains, floodways, wetlands, and riparian habitat areas. ■ All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. ■ All frontage landscaping and sidewalks along arterial streets 63. Prior to final map, the applicant shall submit CC&Rs for review and FM PS approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: g) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping in perpetuity. h) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. i) Residents shall keep all trash receptacles within the unit's designated trash storage area. j) Garages shall be maintained and used for vehicle parking. k) No boats, RV's or other type of recreation vehicle may occupy a nest or resident parking space, including within an individual ITEM NUMBER DATE: 1-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services 6910 Nava oa Avenue License GP: Grading BS: Building TPM 2004-0065 Permit Services BP: Building FD: Fire Department Permit FI: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy CA: City Attorney FO: Final Occupancy garage. 1) 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. 64. Affordable Housing Requirement: The applicant shall either designate one FM/BP PS/CA unit as moderate -income unit, deed -restricted for a 30 -year period or pay an in -lieu fee of 5% of the valuation of the market rate unit(s) prior to or concurrent with final map. 65. Affordable Workforce Housing FM/BP PS Prior to recordation of Final Map, the applicant shall enter into a legal agreement with the City to reserve '/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; The Atascadero resident or worker restriction shall apply to the initial sale only; The applicant shall identify which units will be reserved; and The City Attorney shall approve the final form of the agreement. City Engineer Conditions Grading and Drainage 66. Obtain approval by the City Engineer of the grading & drainage plan and BP, GP CE the storm drain design & facilities. 67. Submit calculations to support the design of any structures or pipes. Closed BP, GP CE 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. 68. Provide for the detention of the 50 -year developed storm runoff, while BP, GP CE metering out the 2 -year undeveloped storm runoff. Metered runoff must ITEM NUMBER DATE: 1-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services 6910 Navajoa Avenue License GP: Grading BS: Building TPM 2004-0065 Permit Services BP: Building FD: Fire Department Permit FI: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy CA: City Attorney FO: Final Occupancy follow existing drainage patterns. Onsite detention may be mitigated by the installation of a storm drain system that ties to the existing storm drain in Atascadero Ave. Applicant shall submit drainage calculations showing that adequate capacity is available. 69. Show the method of dispersal at all pipe outlets. Include specifications for BP, GP CE size & type. 70. Existing drainage patterns from adjacent properties shall not be obstructed. BP, GP CE 71. All drainage from improvements shall cross property lines within drainage FM CE easements. Public Improvements and Maintenance: Navaioa Avenue 72. The applicant must provide for the repair and maintenance of on-site shared improvements. This includes roads, sidewalks, street trees, streetlights, private sewer system, drainage facilities, recreation areas and common landscaping. 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. Assessment District and Landscape and Lighting 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 Engineer and City Attorney shall approve the final form prior to recordation. 73. The Applicant shall widen Navajoa and construct curb and gutter, in BP, GP CE accordance with City Standards, along the entire property frontage. 74. The applicant shall overlay or slurry seal the entire street frontage of BP, GP CE Navajoa, as directed by the City Engineer. SANITARY SEWER CONDITIONS 75. The applicant shall pay sewer Extension (Annexation) and Connection fees BP, GP CE upon issuance of building permit. 76. Drainage piping serving fixtures which have flood level rims located below BP, GP CE the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve Fixtures above ITEM NUMBER DATE: 1-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services 6910 Nava oa Avenue License GP: Grading BS: Building TPM 2004-0065 Permit Services BP: Building FD: Fire Department Permit FI: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy CA: City Attorney FO: Final Occupancy such elevation shall not discharge through the backwater valve. 77. Each building shall be separately and independently connected with the BP, GP CE public sewer. 78. Private utility easements will be required for sewer laterals that cross BP, GP CE private property lines. 79. Prior to recording the Final Map, provisions for the repair and maintenance BP, GP CE of the private sewer shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private sewer, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. 80. Gravity mains and other sewer facilities within the subdivision shall be BP, GP CE privately owned and maintained. STANDARD CONDITIONS 81. All public improvements shall be constructed in conformance with the City BP, GP CE of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 82. In the event that the applicant is allowed to bond for the public FM CE improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 83. An engineer's estimate of probable cost shall be submitted for review and FM CE approval by the City Engineer to determine the amount of the bond. 84. The Subdivision Improvement Agreement shall record concurrently with the FM CE Final Map. 85. The applicant shall be responsible for the relocation and/or alteration of BP, GP CE existing utilities. 86. The applicant shall install all new utilities (water, gas, electric, cable TV and BP, GP CE telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 87. The applicant shall monument all property corners for construction control FM CE and shall promptly replace them if disturbed. 88. The applicant shall acquire title interest in any off-site land that may be FM CE 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 ITEM NUMBER DATE: 1-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services 6910 Nava oa Avenue License GP: Grading BS: Building TPM 2004-0065 Permit Services BP: Building FD: Fire Department Permit FI: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy CA: City Attorney FO: Final Occupancy whose ingress and egress is affected by these improvements. 89. Slope easements shall be provided as needed to accommodate cut of fill FM CE slopes. 90. Drainage easements shall be provided as needed to accommodate both FM CE public and private drainage facilities. 91. The Final Map shall be signed by the City Engineer prior to the map being FM CE placed on the agenda for City Council acceptance. 92. Prior to recording the tract map, the applicant shall submit a map drawn in FM CE substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 93. Prior to recording the map, the applicant shall set monuments at all new FM CE 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. 94. Prior to recording the map, the applicant shall complete all improvements FM CE required by these conditions of approval 95. Prior to recording the tract map, the applicant shall have the map reviewed FM CE 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. 96. Upon recording the Final Map, the applicant shall provide the City with a FM CE black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. ITEM NUMBER: 2 DATE: 1-15-08 ATTACHMENT 4: Draft Resolution PC 2008-0001 TPM 2004-0065 6910 Navajoa Avenue DRAFT RESOLUTION NO. PC 2008-0001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A ONE-YEAR TIME EXTENSION OF AN APPROVED VESTING TENTATIVE PARCEL MAP TPM 2004-0065 6910 NAVAJOA AVE. (YOUNG/VAUGHN) WHEREAS, an application has been received from Donald K. Vaughn, 605 Garcia Road, Atascadero, CA 93422, (Applicant) and Randy Young, PO Box 744, San Miguel, CA 93451, (Property Owner), to consider a Time Extension for a project consisting of a Zone Change from RMF -10 (Residential Multi -Family - 10) to RMF-10/PD-25 (Residential Multi - Family -10 with Planned Development Overlay #25) with corresponding Master Plan of Development and Tentative Parcel Map on a 0.49 -acre site located at 6910 Navajoa Avenue (APN 030-373-020); and, WHEREAS, the City Council approved a Tentative Parcel Map on January 10, 2006; and, WHEREAS, the Planning Commission considered the proposed one year time extension at a meeting held January 15, 2008, setting the expiration date to January 10, 2009; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1: FINDINGS. The Planning Commission makes the following findings: 1. The approval of the time extension would not place the residents of the subdivision or the immediate community, or both in a condition dangerous to their health or safety, or both. 2. The approval of the time extension will not prohibit the project from complying with state or federal law. SECTION 2: TIME EXTENSION APPROVAL The Planning Commission does hereby approve a one-year time extension of TPM 2004-0065, to expire on January 10, 2009. ITEM NUMBER DATE: 1-15-08 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: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary \\Cityhall\cdvlpmnC- pre 06 PLNs (Old Planning Docs)\- ZCH - Zone Change\ZC 047CH 2004-0087 6910 Navajoa. PD 25\Time Exten, taff report.doc ITEM NUMBER: 3 DATE: 1-15-08 Atascadero Planning Commission Staff Report - Community Development Department PLN 2007-1262 Dog Breeding / Kennel 13765 Old Morro Road (Smith / Silva) SUBJECT: The proposed project consists of an application for a Conditional Use Permit to establish a dog kennel for dog breeding purposes at an existing residence at 13765 Old Morro Road. RECOMMENDATION: Staff Recommends: Adopt Resolution PC 2008-0002 approving Minor Conditional Use Permit 2007-0222 based on findings and subject to Conditions of Approval. Situation and Facts 1. Applicant: Kristen Silva, 13765 Old Morro Road, Atascadero, CA 93422 2. Owner: James Smith, Midstate Properties, 1320 Archer St., San Luis Obispo, CA 93401 3. Project Address: 13765 Old Morro Road, Atascadero, CA 93422 (San Luis Obispo County) APN 055-311-018 4. General Plan Designation: Rural Estate (RE) 5. Zoning District: Residential Suburban (RS) 6. Site Area: 4.75 acre property; 1 acre site for kennels 7. Existing Use: Single -Family Residence 8. Environmental Status: Class 1, Categorical Exemption Section 15301: Existing Facilities DISCUSSION: Project Definition The proposed project consists of a request to establish a dog kennel for breeding puppies at 13765 Old Morro Road. All dog run and kennel facilities are existing; no additional construction is proposed. Background Surrounding Land Use and Setting: North: Residential Suburban South: Residential Suburban East: Residential Suburban West: Unincorporated The project site is within the Rural Estate Land Use Designation and Residential Suburban Zoning District, which conditionally allows kennels if the required findings can be made. Analysis The Atascadero Municipal Code includes specific requirements as to how many domestic animals may be kept on a residential property. Section 4-1.119 (Limitation on keeping animals) limits the number of dogs at any single-family dwelling to no more than three (3) dogs, four (4) months of age or older. The Atascadero Municipal Code allows for dog kennels, including those used for dog breeding, in the Residential Suburban Zone with the approval of a Conditional Use Permit. The Municipal Code defines a Kennel as: "A lot, building, structure, enclosure or premises where four (4) or more dogs or cats (four (4) months of age or older) are kept or maintained, including the keeping of such animals efor sale, for commercial breeding or for lodging and care for which a fee is charged. " A minimum lot size of one (1) acre is required; the subject property is 4.75 acres. All setbacks from property lines and existing residential buildings have been met. Conditions relating to the Municipal Code Special Use Requirements for kennels have been included in the attached resolution. 9-6.111 Kennels. Kennels providing overnight or longer term boarding for dogs, cats and similar household pets are subject to the following standards: (a) Minimum Site Area. (1) A, RS, and RSF Zones. One acre. (2) CS Zone. None. (b) Building Setbacks. (1) A, RS and RSF Zones. As provided by Section 9-6.109. (2) CS Zone. None. (c) Outside Animal Enclosures. Outside animal enclosures shall not be used for overnight boarding. All animals shall be contained in pens or runs and not be allowed to run free on a site. Any outside enclosures shall be located a minimum of twenty-five (25) feet from all adjacent property lines and shall be designed to comply with subsection (d) of this section. (d) Noise Control. As provided by Section 9.4.163. (e) Operation. The premises shall be continuously maintained in a clean and sanitary condition by daily removal of waste and by the use of spray and disinfectants to prevent the accumulation of flies or offensive odors. (Ord. 68 § 9-6.111, 1983) The applicant is proposing the kennel for breeding purposes only and does not intend to use the kennel for overnight lodging or care of other dogs. The applicant currently has four dogs on site. The applicant plans to keep the number of adult dogs at the current number. She anticipates that if the puppies are not sold right away, the maximum number of dogs over 4 months of age shall not exceed more than 10 to 12 dogs at any time. A condition has been included in the attached resolution to limit the number of adult dogs kept on the subject site. No more than 12 dogs shall be kept on site at any one time (Condition 11.) } "' Site Photo Findings A Conditional Use Permit is required for all conditionally allowed uses to ensure compatibility with the surrounding neighborhood and mitigatable impacts such as traffic, noise, and overall project appearance. The Conditional Use Permit process provides the opportunity for the public and the Planning Commission to review the specifics of land use proposals such as architectural design, site design, landscape, signage, and specific standards of the Zoning Ordinance. The Planning Commission must make the following five findings to approve a Conditional Use Permit: 1. The proposed project or use is consistent with the General Plan. Staff Comment: The use is consistent with the General Plan. Specifically it relates to agricultural practices and keeping of domestic animals on rural and agricultural lands. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). Staff Comment: As conditioned, the project satisfies all Conditional Use Permit provisions for a kennel. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment: The proposed kennel will not be detrimental to the general public or working person's health, safety, or welfare. 4. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The proposed area is an existing single-family residence. Allowing the use will be consistent with the rural character of the surrounding neighborhood. 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: The proposed project and use is consistent with the traffic projections and road improvements anticipated within the General Plan. The project site is an existing site on Old Morro Road. Environmental Determination CEQA exempt: Article 19. Categorical Exemptions, Class 1, Section 15301: Existing Facilities Conclusion Based on staff's analysis in the preceding sections, it appears that all of the required findings for approval of a Conditional Use Permit can be made. The project is consistent with allowing the keeping of domestic animals on rural and agricultural lands and blends with the character of the existing neighborhood. The proposed project is consistent with the General Plan and Atascadero Municipal Code, as analyzed within this staff report. It is staff's opinion that the proposed project, as conditioned, allows the Planning Commission to make all of the required findings for project approval. ALTERNATIVES 1. The Commission may recommend modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Scott Kaiser, Planning Intern Callie Taylor, Associate Planner ATTACHMENTS: Attachment 1: Location Map, General Plan, and Zoning Attachment 2: Class 1, Categorical Exemption Attachment 3: Site Photos / Existing Conditions Attachment 4: Draft Resolution PC 2008-0002 Attachment 1: Location Map, General Plan and Zoning Zoning: Residential Suburban (RS) General Plan Designation: _ Rural Estate (RE) Attachment 2: Class 1, Categorical Exemption RECEIVED CITY OFATASCADERO NOTICE OF EXEMPTION JAW Real Atascadero, CA 93422 805.461.5000 COMMUNITY DEVELOPMENT I Date Received for Filing TO: ® File FROM: Callie Taylor, Associate Planner City of Atascadero 6907 EI Camino Real Atascadero, CA 93422 SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code. Project Title: CUP 2007-1262; Dog Kennel/ Breeding Project Location: 13765 Old Morro Rd., Atascadero, 93422; San Luis Obispo County Project Description: Conditional Use Permit for a dog breeding / dog kennel in the Residential Suburban Zone. Name of Public Agency Approving Project: City of Atascadero Name of Person or Agency Carrying Out Proiect: Kristen Silva, 13765 Old Morro Road, Atascadero, CA 93422 Exempt Status: ❑ Ministerial (Sec. 15073) ❑ Emergency Project (Sec. 1507 (b) and (c)) ❑ Declared Emergency (Sec. 15061 (a)) ❑ General Rule Exemption (Sec. 15061.c) ® Categorically Exempt (Sec. 15301) Reasons why project is exemet: Class 1 of the California Environmental Quality Act (CEQA) (Section 15301, Existing Facilities) exempts the permitting and operation of facilities involving negligible or no expansion. Contact Person: Callie Taylor, City of Atascadero (805) 470-3448 Date: January 7, 2008 a� Callie Taylor Associate Planner ATTACHMENT 3: Existing Conditions ATTACHMENT 4: Draft Resolution PC 2008-0002 DRAFT RESOLUTION PC 2008-0002 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING PLN 2007-1262/CONDITIONAL USE PERMIT 2007-0222 FOR A DOG KENNEL / DOG BREEDING FACILITY APN 055-311-018 13765 OLD MORRO RD (SMITH/SILVA) WHEREAS, an application has been received from Kristen Silva, 13765 Old Morro Rd. Atascadero, CA 93422, (Applicant) and James Smith of Midstate Properties, 1320 Archer St. San Luis Obispo, CA 93401, (Property Owner) to consider a project consisting of a Conditional Use Permit to establish a kennel for dog breeding (CUP 2007-0222); and, WHEREAS, the site's current General Plan Designation is Rural Estate (RE); and, WHEREAS, the site's current Zoning is Residential Suburban (RS); and, WHEREAS, a Minor Conditional Use Permit is required to establish a kennel use within the Residential Suburban zone; and, WHEREAS, the proposed use is CEQA exempt: Article 19. Categorical Exemptions, Class 1, Section 15301. Existing Facilities; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Conditional Use Permit; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on January 15, 2008, studied and considered the Conditional Use Permit 2007-0222, 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 1, Section 15301 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 (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 January 15, 2008 resolved to approve the Conditional Use Permit 2007- 0222 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval (PLN 2007-1262/CUP 2007-0222) Conditions of Approval Timing Responsibility/ Monitoring 13765 Old Morro Rd. FM: Final Map BL: Business License PS: Planning Services BS: Building Services PLN 2007-1262/CUP 2007-0222 GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department FI: Final Inspection TO: Temporary Occupancy CE: City Engineer WW: Wastewater FO: Final Occupancy CA: City Attorney Planning Services 1. This Conditional Use Permit shall be for a kennel and dog breeding use Ongoing PS located on parcel 055-311-018 regardless of owner. 2. The approval of this Conditional Use Permit shall become final and effective BL PS for the purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority to BL PS, CE approve the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council. 4. Approval of this Conditional Use Permit shall be valid for twelve (12) months BL PS after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a permit. 5. All on-site improvements shall be as shown in Exhibit B. Ongoing PS 6. Outside animal enclosures shall not be used for overnight boarding. Ongoing PS 7. All animals shall be contained in pens or runs and not be allowed to run free Ongoing PS on a site. 8. The premises shall be continuously maintained in a clean and sanitary Ongoing PS condition by daily removal of waste and by the use of spray and disinfectants to prevent the accumulation of flies or offensive odors. 9. Noise levels shall be maintained in accordance with the provisions of the Ongoing PS Atascadero Municipal Code Noise Ordinance. 10. Any outside enclosures shall be located a minimum of twenty-five (25) feet Ongoing PS from all adjacent property lines. 11. The number of adult dogs over four months of age shall be limited by this Ongoing PS Conditional Use Permit. No more than 12 adult dogs shall be kept on site at any time. EXHIBIT B: Site Plan 13 (o S O I J ni o rr-v RCS. . C K2nr1e l � DeC�. �� Qj }L CI -Gravel n lowe,r- Be D Po v ed- I' z L �� W o M v oci C?rave� ti j'grki �9 W ILL 7 ITEM NUMBER: 4 DATE: 1-15-08 Atascadero Planning Commission Staff Report - Community Development Department PLN 2007-1271 Boat Sales and Service Lot Use Amendment to Conditional Use Permit 1999-002 5000 San Palo Road (San Palo Partners / Royer) SUBJECT: The proposed project consists of an application to amend Conditional Use Permit 1999- 002 to allow for the sale and service repair of boats on an existing 1.50 acre automobile sales lot located at 5000 San Palo Road. RECOMMENDATION: Staff Recommends: Adopt Resolution PC 2008-0003 approving PLN 2007-1271 based on findings and subject to Conditions of Approval. Situation and Facts 1. Owner: San Palo Partners, LLC c/o Ogden & Fricks, LLP, 656 Santa Rosa Street, 2nd Floor, San Luis Obispo, CA 93401 2. Applicant: Bill Royer, 1375 Lincoln Lane, Lemoore, CA 93245 3. Project Address: 5000 San Palo Road, Atascadero, CA 93422 (San Luis Obispo County) APN 049-225-008 4. General Plan Designation: General Commercial (GC) 5. Zoning District: Commercial Tourist (CT) 6. Site Area: 1.5 acre combined area of both lots 7. Existing Use: Vacant automobile sales lot 8. Environmental Status: Class 1, Categorical Exemption Section 15301: Existing Facilities DISCUSSION: Proiect Definition The proposed project consists of a request to amend Conditional Use Permit 1999-002 to allow new and used boat sales and service. Background Conditional Use Permit 1999-002 was approved by Planning Commission on April 20, 1999 to allow a new 2,880 square foot building and a 20,000 square -foot sales lot area for automobile sales on the subject site at 5000 San Palo Road. The project was appealed to the City Council on April 26, 1999 due to concerns about levels of traffic in the area and the potential for customers to test drive vehicles in the nearby residential neighborhood. The project was approved by the City Council on May 25, 1999 and the site was developed as proposed. On April 4, 2000, the CUP was amended to allow an additional 15,000 square -foot automobile sales lot on an adjacent 0.5 acre site at 6000 San Palo Road in conjunction with Central Coast Auto. The site was used as an automobile sales lot until late 2006 / early 2007, when the Mitsubishi Dealer closed. The sales lot facility is currently vacant. Location Surrounding Land Use and Setting: North: Commercial Tourist South: Residential Single Family - Z East: U.S. Highway 101 West: Commercial Tourist The project site is within the General Commercial (GC) General Plan Land Use Designation and Commercial Tourist (CT) Zoning District, which conditionally allows the sale of boats if the required findings can be made. Analysis The Atascadero Municipal Code includes separate definitions for automobile sales and boat sales. Boats sales are identified in the definition of "sales lots." See definitions below (AMC Article 29. 9-3.701) Auto Dealers (New and Used) and Supplies. Retail and wholesale trade establishments selling new and used automobiles, including, but not limited to, light trucks, motorcycles and mopeds. Also includes establishments selling new parts and accessories within a building for the above. Does not include establishments dealing exclusively in used parts. Includes automobile repair shops only when maintained by establishment engaged in the sale of vehicles on the same site. Does not include "service stations, " which are separately defined. Sales Lots. Sales lots consist of any outdoor sales area for permanent display of recreational vehicles, recreational and utility trailers, motorized farm equipment, boats, heavy commercial trucks (over one ton), mobile homes, construction equipment, or other heavy equipment; outdoor equipment rental yards; or large scale temporary or permanent outdoor sales activities, including, but not limited to, swap meets and flea markets. Both the automobile sales use and the boat sales lot use require a Conditional Use Permit (CUP) in the Commercial Tourist Zone. Since the original CUP was only approved for auto sales, the applicant is proposing to amend the use to also include the sale of boats. If approved, the site would be permitted for both automobile and boat sales. The proposed Conditional Use Permit request both the sale of new and used boats, and service of boats. Similar to automobile service, boat service and repair is allowed only when maintained by an establishment engaged in the sale of boats on the same site. The attached resolution includes this condition (Condition #7.) Staff has added a condition to the attached resolution which states that the sales lot use shall only be permitted for a permanent outdoor sales facility for the sale of boats, recreational vehicles, recreational and utility trailers, motorized farm equipment, heavy commercial trucks, and mobile homes. Construction equipment or other heavy equipment sales, outdoor equipment rental yards, and temporary outdoor sales activities, including, but not limited to, swap meets and flea markets shall not be allowed to take place on-site as part of this Conditional Use Permit. (Condition #1.) The Planning Commission may choose to amend this condition to allow or restrict the uses listed in the sales lot definition. Article 11. CT (Commercial Tourist) Zone 9-3.241 Purpose. This zone is established to provide for limited commercial uses intended primarily to serve the public traveling along Highway 101. (Ord. 68 § 9-3.241, 1983) 9-3.243 Conditional uses. The following uses may be allowed in the Commercial Tourist Zone. The establishment of conditional uses shall be as provided by Section 9-2.109: (a) Amusement services; (b) Auto, mobilehome and vehicle dealers and supplies (see Section 9-6.163); (c) Bar/tavern; (d) Eating and drinking places with drive-through facilities; (e) Health care services; 69 Sales lots (see Section 9-6.139); (g) Caretaker's residence (see Section 9-6.104); (h) Pipelines. (Ord. 509 § 2, 2007: Ord. 473 § 2 (part), 2005: Ord. 68 § 9-3.243, 1983) The site plan is proposed to remain primarily the same as the originally approved 1999 Conditional Use Permit. The main office building is located at 5000 San Palo Road. The outdoor sales lot includes landscaping along San Palo Road, which was conditioned as part of the original Conditional Use Permit. The site paving and landscaping requirements for an automobile sales lot and a boat sales lot are the same. Both uses require that the sales lot be surfaced with concrete or A.C. paving. A ten -foot wide landscaping strip is to be provided adjacent to all street property lines. These requirements were identified with the original Conditional Use Permit. Due to the closing of the auto dealership on-site, the landscaping has not been maintained for several months. Staff has conditioned this Conditional Use Permit to include replanting and maintenance of the landscaping in accordance with the original CUP 1999-002 approved for the site (Condition #6). The applicant is proposing one change to the approved Master Plan of Development on the site. The applicant is requesting that a six (6) foot wrought iron fence be installed along the front property line next to San Palo Road. This would be required for security purposes and would include a security system. Staff has included Condition #8 in the attached resolution to allow the 6 foot wrought iron fence. The fence is conditioned to be consistent with the design detail and fencing location shown in Exhibit D of the resolution. Any other future changes to the site or structures will require an Amendment to the Conditional Use Permit. Approved Elevations: CUP 99-002 HIGHWAY 101 \�. •�— —f- — \ \ \ SAN . PALO SM£5 AREA Fle E7a'ING wm OEAlER51iP fI o `Lil Li T Approved Site Plan: CUP 99-002 Findings A Conditional Use Permit is required for all conditionally allowed uses to ensure compatibility with the surrounding neighborhood and mitigatable impacts such as traffic, noise, and overall project appearance. Conditional Use Permits for larger projects and new developments are required to establish a Master Plan of Development for the site. In circumstances where the site has already been developed, a Conditional Use Permit is used to apply for a new conditionally allowed use or business. The Conditional Use Permit process provides the opportunity for the public and the Planning Commission to review the specifics of land use proposals. The Planning Commission must make the following five findings to approve a Conditional Use Permit: 1. The proposed project or use is consistent with the General Plan. Staff Comment: The proposed sales lot use is consistent with the General Plan's General Commercial Land Use Designation. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). Staff Comment: As conditioned, the proposed sales lot use satisfies all Conditional Use Permit provisions for a sales lot. The site was previously developed to meet the site design standards for an automobile sales lot, which encompasses the same requirements as a boat sales lot. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment: The subject site is directly off the U.S. Highway 101, on a site which was previously occupied by an automobile sales lot. The proposed boat sales use will not be detrimental to the general public or working person's health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The original Conditional Use Permit 1999-002, included the existing site design and confirmed that automobile sales met the standards for neighborhood compatibility. There are no changes to the site plan proposed at this time. Staff believes that a boat sales lot would also be appropriate for the site and compatible with the surrounding neighborhood. Swap meets and other temporary events, which could conflict with the adjacent hotel and residential zone, are not allowed with this CUP amendment (Condition #1.) The sale of boats on this site will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: The proposed sales lot use is consistent with the traffic projections and road improvements anticipated within the General Plan. The project site is an existing developed site along a currently developed portion of San Palo Road. Environmental Determination CEQA exempt: Article 19. Categorical Exemptions, Class 1, Section 15301: Existing Facilities. Conclusion Based on staff's analysis in the preceding sections, it appears that all of the required findings for approval of the boat sales lot use in the form of a Conditional Use Permit can be made. As a Use Permit request, the applicant does not request approval of new construction, but rather for permission to conduct a new retail -type of business in an existing vacant automobile sales lot. The proposed project can be found consistent with the General Plan and Municipal Code as analyzed within this staff report. It is staff's opinion that the proposed project, as conditioned allows the Planning Commission to make all of the required findings for project approval. ALTERNATIVES 1. The Commission may recommend modifications to the project and/or Conditions of Approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Callie Taylor, Associate Planner ATTACHMENTS: Attachment 1: Location Map, General Plan, and Zoning Attachment 2: Aerial Attachment 3: Site Photos Attachment 4: Class 1, Categorical Exemption Attachment 5: CUP 99-002 Original Conditions and 2000 Amendment Conditions Attachment 6: Draft Resolution PC 2008-0003 Attachment 1: Location Map, General Plan and Zoning General Plan Designation: General Commercial (GC) Zoning District: Commercial Tourist (CT) Attachment 2: Aerial 0 Proposed Location Attachment 3: Site Photos , . , ;L TTS S fir. � •�• t _ Attachment 3: Site Photos f - i 17 11TH r Attachment 4: Class 1, Categorical Exemption 6907 EI Camino Real TO: ® File FROM: Callie Taylor, Associate Planner City of Atascadero 6907 EI Camino Real Atascadero, CA 93422 CITY OF ATASCADERO NOTICE OF EXEMPTION Atascadero, CA 93422 805.461.5000 Date Received for Filing -1 , 2wb SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code. Proiect Title: PLN 2007-1271; Amendment to CUP 99-002; Boat Sales Lot Project Location: 13765 Old Morro Rd., Atascadero, 93422; San Luis Obispo County Proiect Description: Conditional Use Permit to allow for the sale of new and used boats and service of boats at an existing automobile dealership. Name of Public Agency Approving Project: City of Atascadero Name of Person or Agency Carrying Out Proicet: Bill Royer, 1375 Lincoln Lane, Lemoore, CA 93245 Exempt Status: ❑ Ministerial (Sec. 15073) ❑ Emergency Project (Sec. 1507 (b) and (c)) ❑ Dcclarcd Emergency (Sec. 15061 (a)) ❑ General Rule Exemption (Sec. 15061.c) ® Categorically Exempt (Sec. 15301) Reasons whv_proiect is exempt: Class I of the California Environmental Quality Act (CEQA) (Section 15301, Existing Facilities) exempts the permitting and operation of facilities involving negligible or no expansion. Contact Person: Callie Taylor, City of Atascadero (805) 470-3448 Date: January 7, 2008 C 7�,� Callie Taylor Associate Planner Attachment 5: CUP 99-002 Original Conditions EXHIBIT B Resolution No. PC 1999-013 Conditions for Conditional Use Permit 99002 April 20, 1999 CONDITIONS Engineering Division: All public and drainage improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 2. The applicant shall enter into an Plan Check/Inspection agreement with the City. Prior to recordation of the parcel map, all outstanding plan check/inspection fees shall be paid. 3. The applicant shall be responsible for the relocation and/or alteration of existing utilities. All new utilities (water, gas, electric, cable TV, telephone, etc.) shall be installed underground or as approved by the Community Development Director. 4. The applicant shall submit a grading and drainage plan, prepared by a registered civil engineer, for review and approval by the City Engineer prior to the issuance of building permits. 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 and the Uniform Building Code (UBC) prior to the final inspection. 5. The San Palo Road property frontage shall be improved in conformance with the plans accepted by the City Engineer, prepared by Cannon Associates, dated 02/25/99. The street improvements shall be accepted as complete by the City Engineer prior to final inspection. 6. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 7. The applicant shall acquire title or interest in any off-site 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 or egress is affected by these improvements. 8. Drainage from the project site shall not be permitted to flow over any sidewalk, driveway approach or pedestrian walkway within the public right-of-way unless otherwise approved by the City Engineer. Attachment 5: CUP 1999-002 Original Conditions Community Development: 9. The planter along the rear (southwesterly) property line shall be enlarged to at least six feet wide, and the landscape plans shall include additional medium -height shrubs and trees, with the intent of increasing screening between properties, to the approval of the Community Development Department. 10. Any exterior lighting must be designed to eliminate glare onto the adjacent street or nearby properties, to the approval of the Community Development Department. Display area lighting standards shall not exceed 22' in height. 11. Any loudspeaker system used for communication with salespeople outside shall be turned off after 6:00 p.m. every night. 12. The southeasterly driveway shall be eliminated. Only one access to the site shall be provided, unless otherwise approved by the Community Development Director. Attachment 5: CUP 1999-002 2000 Amendment Conditions Exhibit A Conditions of Approval Reconsideration of Conditional Use Permit 99002 2650 & 2600 EI Camino Real Community Development Conditions: 1. All development shall be consistent with proposed site plan and elevations as shown in Exhibit B, with the fo-llowing exceptions: a. Drainage plans to be reviewed and approved by Community Development department and City Engineer. 2. This use permit grants a temporary occupancy to use the site for automotive sales display for sixty days following Planning Commission Approval or until an approved building permit has been issued and finaled. All allowed uses shall expire on the subject property (APN 049-222-046) on June 17, 2000 if a building permit, including all required Conditional Use Permit conditions herein have not been completed. 3. The approval of this Use Permit shall become final and effective for the purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in section 9-1.111 (b) of the Zoning Ordinance. 4. The granting of this Conditional use Permit shall apply only to the site located at 6000 San Palo (APN 049-222-046). 5. The Community Development Director shall have the authority to approve minor changes to the project that (1) increase the intensity of the project by less than 10% (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Conditional Use Permit. 6. A landscapciirrigation plan shall be reviewed and approved by the Community Development Department (building permit review). Landscaping shall be developed consistent with Exhibit `B" with the following landscaping to be planted in reasonable quantities: a. 15 gallon Coast live oak trees to be planted 35 feet on center near bottom of slope at San Palo frontage. b. Five gallon size Ceanothus shrubs to be planted on the slope area. c. One gallon size Trailing Rosemary to be planted on the slope area. Attachment 5: CUP 1999-002 2000 Amendment Conditions Engineering Conditions: 16. All public improvements and drainage improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 17. The applicant shall enter into a Plan Check/Inspection agreement with the City. 18. Prior to issuance of building permits, plans shall be submitted for review and approval by the City Engineer for all improvements required by these conditions of approval. Plans shall be prepared by a registered civil engineer and shall be prepared in conformance with City Standards. 19. Prior to the final inspection, 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 and the Uniform Building Code (UBC) prior to the final inspection. 20. Offers -of -dedication shall be provided for all public improvements which are constructed outside of existing rights-of-way. 21. Easements shall be provided as needed to accommodate cut or fill slopes, and or property development which cross property boundaries. 22. The applicant shall acquire title or interest in any off-site land that may be required to allow for the construction of the improvements required by these conditions of approval. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress or egress is affected by these improvements. 23. The applicant shall submit a grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. 24. The applicant shall submit the drainage calculations needed to demonstrate that existing drainage facilities have adequate capacity to convey the total flow from the fully developed site and adjacent watershed without adverse affect on other properties. 25. All storm drain facilities shall be designed and constructed in conformance with City Standards. An encroachment permit will be required for any drainage onto City Right of Way. 26. The applicant shall submit the drainage calculations needed to demonstrate that the 100 -year design flow can be safely conveyed across the project site. ATTACHMENT 6: Draft Resolution PC 2008-0003 DRAFT RESOLUTION PC 2008-0003 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT 1999-002/PLN 2007-1271 APN 049-225-008 5000 SAN PALO ROAD (SAN PALO PARTNERS, LLC/ROYER) WHEREAS, an application has been received from Bill Royer, 1375 Lincoln Lane, Lemoore, CA 93245 (Applicant), and San Palo Partners, LLC c/o Ogden & Fricks, LLP, 656 Santa Rosa Street, 2nd Floor, San Luis Obispo, CA 93401 (Owner) to consider a project consisting of an Amendment to Conditional Use Permit 1999-002 to allow for a boat sales lot use; and, and, WHEREAS, the site's current General Plan Designation is General Commercial (GC); WHEREAS, the site's current Zoning is Commercial Tourist (CT); and, WHEREAS, an amendment to Conditional Use Permit 1999-002 is required to establish a boat sales lot within the Commercial Tourist zone; and, WHEREAS, the proposed use is CEQA exempt: Article 19. Categorical Exemptions, Class 1, Section 15301. Existing Facilities; 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 January 15, 2008, studied and considered the Conditional Use Permit Amendment (PLN 2007-1271), 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 1, Section 15301 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, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on January 15, 2008 resolved to approve the PLN 2007-1271, an Amendment to CUP 99-002 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: CUP -002 approved Site Plan EXHIBIT C: CUP -002 approved Elevations EXHIBIT D: New wrought iron fencing detail and location On motion by Commissioner , and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval (PLN 2007-1271 / Amendment to CUP 1999-002) Conditions of Approval / Timing Responsibility/ Mitigation Monitoring Program Monitoring FM. Final Map BL: Business License PS: Planning Services BS: Building Services 5000 San Palo Road GP: Grading Permit FD: Fire Department PD: Police Department PLN 2007-1271 BP: Building Permit FI: Final Inspection CE: City Engineer TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney Amendment to CUP 1999-002 Planning Services 1. In addition to the auto sales use previously allowed by CUP 1999-002, boat BL, ongoing PS sales lot is added to the allowed uses on the site at APN 049-225-008, regardless of owner. The sales lot use shall consist of a permanent outdoor sales facility for the sale of boats, recreational vehicles, recreational and utility trailers, motorized farm equipment, heavy commercial trucks, and mobile homes. The following shall not be allowed to take place on site as part of the approval of this sales lot use: construction equipment or other heavy equipment sales, outdoor equipment rental yards, and temporary outdoor sales activities, including, but not limited to, swap meets and flea markets. 2. The approval of this use permit shall become final and effective for the purposes BL PS of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority to approve BL PS, CE the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council. 4. All conditions identified with the original CUP 1999-002 and previous ongoing PS amendments shall remain in effect 5. Any changes to the site plan or structures shall require an amendment to the ongoing PS Conditional Use Permit. 6. Landscaping shall be replanted and maintained in accordance with the original BL PS CUP conditions. 7. Boat service and repair shall be allowed on site only when maintained by Ongoing PS establishment engaged in the sale of boats on the same site. This Conditional Use Permit does not include "service stations," which are separately defined. 8. A six (6) foot tall wrought iron fence shall be installed along San Palo Road. BL PS/BS The fence shall be made of decorative black wrought iron, consistent with Exhibit D. The fence shall be located on the sales lot, behind the landscaping on San Palo Road, and shall not be installed directly against the sidewalk. EXHIBIT B: Site Plan �j. J / ,1 I � I i II ' i �j. EXHIBIT C: Elevations 1N3MdO13AM 1VVNtlV39 An371 1i19l II3BOi� EXHIBIT D: Security Fencing WS � � W W Uj- CD At' PARCEL l •.. _- YY"� - � `� \ i t0 "'N7."".rT' •H rir`•' �` r.y �...►�•,r�.� , ..... JJ Cl z- -I • •.. i�1 J.j I �.. ,_ ate. r�� ��, 7.;r..•,,,•:.,,,, \ \X`' �� '(r .9FFY ire � C. ,� ..,.� e..i#T.A I \ I I I I �/ r Way yR \ • � -� +�NYM ✓ \ rrr•r*; •wv __ Traditional Simplicity: The Arche The Arche Fence Panel accompanies almost any gate style, and was designed to match our . Arche panels feature 2 horizontal frame members and round spear point flnlals. Fence panel is 8 ft. wide, 5.5 ft. tall with pickets spaced 6 in. apart. Standard color: Black ITEM NUMBER: 5 DATE: 1-1 s -ns Atascadero Planning Commission Staff Report - Community Development Department PLN 2007-1243 / PLN 2007-1197 / PLN 2007-1251 General Plan Amendment & Planned Development 7 Atascadero Avenue Triangle 16905 Navajoa Avenue (City of Atascadero / MLW Holdings, LLC / Atascadero Homeowners, LLC) RECOMMENDATIONS: Staff Recommends Planning Commission: 1. Adopt Resolution PC 2008-0004 recommending that the City Council certify Proposed Mitigated Negative Declaration 2007-0027; and, 2. Adopt Resolution PC 2008-0005 recommending that the City Council approve General Plan Amendment 2007-0019, amending the development requirements identified in General Plan Table II -5, Master Plan of Development Overlay #12: "Atascadero Avenue Triangle," and changing the General Plan Land Use Designation on Lot 1 of APN 030-283-005 from Recreation (REC) to High Density Residential (HDR); and, 3. Adopt Resolution PC 2008-0006 recommending that the City Council introduce an Ordinance for first reading by title only, to approve Zoning Map Amendment 2007- 0140, changing the Atascadero Municipal Code Zoning Designation on Lot 1 of APN 030-283-005 from Recreation (L) to Residential Multi -family, with 16 units per acre (RMF -16); and, 4. Adopt Resolution PC 2008-0007 recommending that the City Council introduce an Ordinance for first reading by title only, to approve Zone Change 2007-0145 to allow a 9 -unit PD -7 and Zone Change 2007-0146 to allow a 2 -unit PD -7 based on findings; and, 5. Adopt Resolution PC 2008-0008 recommending that the City Council approve Conditional Use Permit 2007-0208 (Master Plan of Development for 9 -unit PD -7) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, ITEM NUMBER: 5 DATE: 1-1 5 -ns 6. Adopt Resolution PC 2008-0009 recommending that the City Council approve Tentative Tract Map 2007-0101 to create nine parcels on Lots 2 and 3, based on findings and subject to Conditions of Approval and Mitigation Monitoring. 7. Adopt Resolution PC 2008-0010 recommending that the City Council approve Conditional Use Permit 2007-0219 (Master Plan of Development for 2 -unit PD -7 and private park) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 8. Adopt Resolution PC 2008-0011 recommending that the City Council approve Tentative Parcel Map 2007-0091 to create three parcels on Lot 1, based on findings and subject to Conditions of Approval and Mitigation Monitoring. REPORT -IN -BRIEF: The proposed project consists of the following components: 1.) A City initiated General Plan Text Amendment, Land Use Diagram Amendment, and Zoning Map Amendment. The project site is approximately 2.24 acres and consists of three parcels. The General Plan Land Use designation on Lot 1 is proposed to be changed from Recreation to High Density Residential. Currently, the General Plan requires that the project site be developed with a Master Plan of Development, including a minimum '/2 acre pocket park. The City initiated applications propose to amend the General Plan's Master Plan of Development Overlay #12 to remove the requirement for a '/2 acre park on the Atascadero Avenue Triangle site, and to allow two residential units on Lot 1, as directed by the City Council. 2.) Lots 2 & 3 (MLW Holdings, LLC: The project proposes a PD -7 Overlay with nine single-family units. The project includes a tree removal application for eight Black Walnuts, totaling 310 inches DBH. 3.) Lot 1 (Atascadero Homeowners, LLC: A PD -7 Overlay is proposed on Lot 1. A Tentative Parcel Map is included which proposes to create three parcels, two of which are proposed to be developed with single-family residences, and the third is proposed as a private park. Due the General Plan's Master Plan of Development requirement on the subject site, and fact that the PD -7 does not allow for a 2 -unit Planned Development, the application is being processed in conjunction with the application above. Lot sizes in both projects range from 5700-8700 sq. ft. The residences are proposed at approximately 1567 sq. ft. with two -car garages. A total of 4,040 cu. yards of fill would be required to develop the 11 units. Frontage improvements would be installed and the residences would connect to City sewer. The project site is currently vacant. ITEM NUMBER: 5 DATE: 1-1 8; -AR DISCUSSION: Situation and Facts: PLN 2007-1243/ GPA 2007-0019 / ZCH 2007-0140 1. Applicant: City of Atascadero, 6907 EI Camino Real, Atascadero, CA 93422 2. Owners: Lot 1: Atascadero Homeowners, LLC, Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422 Lots 2 & 3: MLW Holdings, LLC, PO Box 604, Atascadero, CA 93423 3. Project Address: 6905 Navajoa Avenue (San Luis Obispo County) APN 030-283-005; Lots 1, 2, and 3 4. General Plan Designation: High Density Residential (HDR) & Recreation (REC) 5. Zoning District: Residential Multi -Family -16 (RMF -16) & Recreation (L) 6. Site Area: Approximately 2.24 acres 7. Existing Use: Vacant 8. Environmental Status: Proposed Mitigated Negative Declaration 2007-0027 Situation and Facts: PLN 2007-1197 / ZCH 2007-0145 CUP 2007-0208 / TTM 2007-0101 / TRP 2007-0116 1. Applicant: Adamski, Moroski, Madden & Green, LLP PO Box 3835, San Luis Obispo, CA 93403 2. Owner: MLW Holdings, LLC PO Box 604, Atascadero, CA 93423 3. Project Address: 6905 Navajoa Avenue (San Luis Obispo County) APN 030-283-005; Lots 2 and 3 4. General Plan Designation: High Density Residential (HDR) 5. Zoning District: Residential Multi -Family -16 (RMF -16) 6. Site Area: Approximately 1.86 acres ITEM NUMBER: 5 DATE: 1-15-08 7. Existing Use: Vacant 8. Environmental Status: Proposed Mitigated Negative Declaration 2007-0027 Situation and Facts: PLN 2007-1251 ZCH 2007-0146 / TPM 2007-0091 / CUP 2007-0219 1. Applicant: Adamski, Moroski, Madden & Green, LLP PO Box 3835, San Luis Obispo, CA 93403 2. Owner: Atascadero Homeowners, LLC, Kelly Gearhart 6205 Alcantara Avenue, Atascadero, CA 93422 3. Project Address: 6905 Navajoa Avenue (San Luis Obispo County) APN 030-283-005; Lot 1 4. General Plan Designation: Recreation (REC) (Proposed to change to High Density Residential (HDR)) 5. Zoning District: Recreation (L) (Proposed to change to Residential Multi -Family -16 (RMF -16)) 6. Site Area: Approximately 0.38 acres 7. Existing Use: Vacant 8. Environmental Status: Proposed Mitigated Negative Declaration 2007-0027 ITEM NUMBER: 5 DATE: 1-15-08 Background Surroundina Land Use and Settin North: Residential Multifamily -16 units per acre East: Public (Atascadero Library), Commercial Retail (Circle K), and Morro Road (Highway 41) South: Residential Multifamily -10 units per acre West: Residential Multifamily -10 units per acre and Limited Single Family -X (1/2 acre minimum lot size) 6 0570 6665 b3u!) b46Vu500 6300 �► 51G5 ' sOp 6685 D d to 6500 Re ss6 O 0155 RMF -16 6S20 17 X80 4.. CR & '61S O°ry �b h 6570 PD -3 62305 . 46 _.. 6'°�y ; s� seso`.;:' po ssssr moo o yss ��bza5 o 8790 6�66 a%2a i 6725 9 Sg 0 - 63k0 6735 RMF -1675,6350 :.fi82tl :.0. .. i 68656885 f tl o -- -- -- -- -• �i 6835 6820 05 687 Q e910 I f'°�o r Project Site LSF -X 6905 Navajoa Avenue X20 �� zQ :.6889. 6930 RMF -16 CR 6970 I %91 6940 7 5 w • + 140 :..A190 6, t p II i� 4 3 n �cS 0 SanAverltre o 7040 w; `• `� I �I �n RMF -10 t ,`T, �•, rQSS n740 III-`------� � � � � 7088 7050 0 %b8s 0 �I>Oss CP The project site, referred to in the General Plan as the "Atascadero Avenue Triangle," is located just off of Morro Road. The project site is bordered by Navajoa Avenue, Atascadero Avenue, and San Andres Avenue. The site consists of three underlying Colony lots, totaling approximately 2.24 acres. Following the 1992 General Plan Update, the entire site (all three parcels) had a General Plan Designation of Recreation (REC) and a conflicting Zoning Map Designation of Residential Multi -Family (RMF -16). The original owner, Wes O'Reily applied for a multi -family building permit in 2000. Staff determined that the permit could not be processed because of the General Plan inconsistency and recommended the owner request to have the property's land use redesignated in the General Plan Update ITEM NUMBER: 5 DATE: 1-1 5 -ns that was in process at the time. The owner resubmitted the request which was considered during the General Plan Update. During the General Plan Update hearings, there was considerable public comment and Council discussion about the need for a park next to the library. Many members of the public requested that the City retain the park designation for the entire site and the City build a park. The Council decided to designate the corner near Morro Road for a '/2 -acre park and designate the remainder of the site for 10 residential units. The General Plan created a Master Plan of Development Overlay (MPD Overlay #12) requirement for the site (refer to following maps.) The MPD Overlay currently allows for 10 residential units and a 1/2 -acre park that is required to be developed concurrently with the housing project. At the time of the General Plan Update, it was not known that the site had three underlying lots of record. Sometime in the last several years, Kelly Gearhart purchased the site and proposed a Planned Development consistent with the General Plan. In May of 2006, the project proposed by Kelly Gearhart was reviewed by the Council with regards to the issue of park improvements and maintenance. At that meeting, the Council decided to defer the improvement and acquisition of the park and require the developer to provide a passive landscaped open space area in the location of the park. The project was eventually withdrawn and MLW Holdings, LLC purchased two of the parcels. Currently, the two MLW Holdings parcels (Lots 2 and 3) are designated for residential multi -family units, and the third parcel (Lot 1) is owned by Atascadero Homeowners, LLC and designated as Recreation. In early 2007, legal issues were raised by the property owners regarding the park requirement for this project. In September of 2007, the City Council discussed the issues and options surrounding the General Plan's '/2 acre park requirements. Atascadero Homeowners, LLC requested that the City amend the General Plan to eliminate all requirements for a public park on the site. As an alternative, the owner of the park parcel made an initial offer to sell the property to the City for $300,000, should the City choose to purchase and develop the site. There are three legal issues which were raised by the applicant's attorney surrounding the park requirement for this project. The Council considered these issues at the September 2007 meeting. 1.) Is the General Plan requirement for the dedication and improvement of a half -acre park, as a condition to developing a 10 -unit residential subdivision, constitutional? City Attorney's Opinion: Federal and State constitutional law restrict the City's ability to compel the dedication of land as a condition of granting discretionary approvals. The well known Nollan-Dolan line of Supreme Court cases provides that any requirement that a property owner dedicate property must be related to the impacts of the ITEM NUMBER: 5 DATE: 1-1 s -ns proposed development and that the amount or value of the property to be dedicated must be roughly proportional to those impacts. In other words, there must be a "nexus" between the compelled dedication and the impacts, and the amount of land dedication sought must be "roughly proportional" to the impact of the project. To compel the dedication of some or the entire 0.47 acre site for a pocket park, the City must be able to show that the dedication will mitigate the impacts of the residential development and that the amount of land that must be dedicated is not disproportional to those impacts. 2.) Is there a nexus between the development of the 10 residential units and the need for a park? City Attorney's Opinion: There is certainly a nexus between the housing project and the need for additional park area, including the improvements. The more difficult question is whether the requirement for a half -acre parcel is roughly proportional to the impacts on the City's parks and recreation and the need for the improvements. Based on the analysis done under the Quimby Act, the City would be imposing a dedication in excess of the normal exaction for parks. The City Parkland Dedication requirement is five (5) acres of property for each 1,000 person residing in the city to be devoted to public parks, public recreational trails and/or public recreation facilities. The requirements in this case, assuming 10 units, with an average of three (3) persons per unit would require a dedication of 0.15 acre of parkland. The half acre requirement is over three times the parkland dedication requirement, and does not factor in the requirement to install the improvements While the General Plan is the constitution for development throughout the City, and is the vehicle through which competing interests and the needs of the citizenry are balanced and meshed, it must be consistent with the general laws of the State of California, and the Federal and State Constitutions. In this case, the applicant argues that the General Plan requirement for the park dedication is unconstitutional in that it violates the Fifth Amendment of the United States Constitution. 3.) Is the exaction roughly proportional between the impacts of the project on park and recreational facilities? City Attorney's Opinion: To demonstrate rough proportionality, the City must document the connection between the exaction and the projected impact of the proposed development. Findings must establish the required reasonable relationship between the required exaction and the impact. This requires an assessment of whether this condition is in reasonable proportion to the burden created by the new development. This may be possible, but the courts will give the findings a ITEM NUMBER: 5 DATE: 1-1 5 -ns heightened level scrutiny since the exactions are imposed on a few parcels and not on a broad class of property owners. At the September 2007 discussion, the City Council agreed that the City does not have the funds to purchase or maintain a public park, and the Council directed staff to work on a General Plan Amendment to eliminate the requirement for the '/2 acre park on Lot 1. At the Council's direction, Lot 1 would be rezoned from Recreation to High Density Residential. The Council discussed the option for the owner to develop Lot 1 with two residences, recommending that the site include additional landscape buffer or affordable housing. ANALYSIS: Part 1: City Initiated General Plan Amendment and Zone Map Change: Based on City Council's direction at the September 2007 meeting, staff has prepared a General Plan Amendment and Zone Change consisting of the following items: 1. Amendment proposed to change the General Plan Land Use Designation on Lot 1 of APN 030-283-005 from Recreation (REC) to High Density Residential (HDR). 2. Amendment proposed to change the Atascadero Municipal Code Zoning Designation on Lot 1 of APN 030-283-005 from Recreation (L) to Residential Multi -family, with 16 units per acre (RMF -16). 3. Amend the Master Plan of Development requirements identified in the General Plan Land Use, Open Space, and Conservation Element Table II -5, Master Plan of Development Overlay #12: "Atascadero Avenue Triangle." The proposed amendment would keep the master plan requirement on the site so that all three parcels would be planned and developed together. However, the requirement for the '/2 acre pocket park is proposed to be removed, and Lot 1 would be allowed to be developed with up to two residences. ITEM NUMBER: 5 DATE: 1-15-08 ® Atascadero Avenue •S, 1 .AA Lot 3 Lot 2 Lot 1 Lots 2 & 3: • Owner: MLW Holdings, LLC • Currently zoned RMF -16 • Housing site (10 units max allowed by current General Plan requirements) • Proposed development includes PD -7 for 9 single-family residential units Morro Road Lot 1: • Owner: Atascadero Homeowners, LLC • Current zoning: Recreation • Currently includes General Plan Requirement for'/2 park • Proposed to be rezoned to RMF -16 • Proposed General Plan amendment to remove'/2 acre park requirement • Proposed development includes PD -7 for 3 lots, including 2 single- family residential units and a private park parcel at the corner V ITEM NUMBER DATE: 1-15-08 Existing General Plan Text: City of Atasc4dero General Plan Land Use, Open Space and Conservat on Element Table II -5: Master Plan of Developuient Overlav Areas. Ovellav Location EIR Maximum Density Special Features Nllulbel I .xhelle Single Family Project 50 single family residential un is • _quesman staging area wish Salinas max. River 1 De Anza Trail access required. • Trail connection to EI Camino Rea' required 2 Woodlands Specific Plan 269 residential units max: Specific Plan approval required 143 single family units max Minimum 40% open space required. 126 mufti -family units max 3. Dove Creek Mixed Used Center 200 dwelling units max 300,000 square feet of General Plan Master Plan of commercial devel men; Development Overlay #12 4. Neighborhood Shopping Center: Commercial Center 80,00 s "Atascadero Avenue Triangle" South San Anselmo at EI Camino Real Development Standards 5 Neighborhood Shopping Center: Northeast Del Rio at EI Camino Real Commercial Center t -- proposed to be amended. '/z acre park would not be required. Proposed amendment would allow up to 10 residential units on Lots 2 and 3, and up to 2 residential units on Lot 1. Lot 1 shall include additional landscape buffer in place of the pocket park. 6 Southeast Del Rio at EI Camino Real Commercial Cen 150,00 s 7 Single Family Cluster Development 56 clustered ;et rate ur :. ,� acre densi 14 deed res cted affordable bonus unit (moderate incor- [25% de ty bonus] The Master Plan of 8. Mixed Use Center. Mixed se Commercial Cer*.�-- Portola 1 US 101 170,000s, Development Overlay shall 9. Neighborhood Shopping Center Nei borhood Commercial continue to remain as a Southeast Curbaril at EI Caminoer C t 20,000 square feet requirement of this site to Real ensure compatibility of the development on the site 10. Northend Annexation o increased intensity mocele•. • 'ublic access :o Paso Robles Creek reouired. 11. Eagle Ranch Anrexa: or Development of existing 400 0 Specif c Plan required colony lots -listoric colony lots and roads to be reconfigured and clustered to minimize impacts. • 'abut open space,:r&ls and parks to be provided. Atascadero Avenue Triangle 10 residential units with a 'ocketpark shall be improved minimum 112 acre pocket park concurrently with housing project. ITEM NUMBER: DATE: 1-15-08 Proposed General Plan Text Change: Proposed text change to the EIR Maximum Density and Special features of Master Plan of Development #12: "Atascadero Avenue Triangle." General P"an L u-Ld Use, Open Space alid tiomen aCcsn Element Table II -5; Master Plaii of Dev elopuient O -erlav areas. € verlav Location EIR Ma):Ininni LieusAy Special Featurec Number 12. Atascadero Avenue Triangle • 10 dwelling units • Development on Lot 1 shall combined max on Lots include additional landscape 2 & 3 buffer • 2 dwelling units max on Lot 1 ITEM NUMBER: 5 DATE: 1-1 s -ns Part #2: Proposed Development Projects: Two separate applications for Planned Developments have been submitted for development of the three parcels, since the parcels are the under ownership of two different entities. The first application proposes a Planned Development 7 on Lots 2 and 3, consisting of nine single-family units, each on individual lots. A second application has been submitted for Lot 1, also for a Planned Development 7. The second application consists of two single-family units on individual lots, and a third lot which would be developed with a private park. The applications must be processed together for two reasons: 1.) General Plan Master Plan of Development Overlay #12: The General Plan requirements have been proposed to be amended by the City initiated General Plan Amendment, however, the site is still required to provide a Master Plan of Development per the General Plan Overlay #12 shown in Table II -5. A Master Plan of Development will ensure consistent development throughout this highly visible site. 2.) Proposed 2 -unit PD -7: One of the requirements of the Planned Development 7 Overlay states that, "A proposed planned development project shall consist of no fewer than four (4) residential units". The application on Lot 1 includes only two residential units. A special finding must be made to approve this separate application. It is staff's opinion that a 2 -unit PD -7 would be acceptable in this circumstance based on the two applications with a total of 11 units. The resolutions have been conditioned that the projects be developed together, and that one joint homeowners association be provided for all 11 units to create consistency throughout the project (Conditions 10 and 11.) Both site plans have been designed to meet the requirements of the Atascadero Municipal Code and the appearance review requirements of the General Plan. Lot sizes in both projects range from 5700 to 8700 sq. ft. in size. The residences are proposed at approximately 1567 sq. ft. with two -car garages. A total of 4,040 cu. yards of fill would be required to develop the 11 units on all three lots. As a Planned Development, the Planning Commission must find that each project provides high quality architectural, landscape, and site design to warrant the granting of special development standards for a Planned Development project. The following sections provide an analysis of these requirements. ITEM NUMBER: 5 DATE: 1-1 5 -ns Appearance Review Site Plan. Circulation. and Parkin Both site plans have been designed to take access off the public street frontages. The 11 single family units each have private driveways that meet the guest parking requirement of the PD -7. The units each face the street adjacent to the property, consistent with the surrounding single family residences on the adjacent properties. The site plan is designed to meet all of the setback requirements of a Planned Development 7. Parking for each unit is provided with attached two -car garages, and two additional parking spaces are provided in each driveway. The proposed site plans provide more parking than is required by the PD -7, with a total of 44 spaces for the 11 units. Frontage improvements are proposed along all street frontages, including Atascadero Avenue, Navajoa Avenue, and San Andres Avenue. The streets would be widened as to City requirements, and sidewalks are included along all frontages. Driveways and frontage improvements have been designed to retain the existing native trees where possible. ITEM NUMBER: 5 DATE: 1-1 8; -AR Proposed Site Plan: Lot 1 • - 2 -unit PD -7 and Private Park iii jN\ i DECEIVED /'" ;,.:.� ,�_Mot LaT �_.� 1► t I OCX -A DEC 11 2007 /" �;1:i% C-�_ LOT 2 .. i} /• Y-� /' 'r _ LAT A BLOC( r -A NOT ARART) NOT 41*RT__ t -t2. Architecture, Materials, and Color Both development projects include two different stock plans for the 11 proposed units. Both floor plans are one-story residences. The first plan has a craftsman architectural style. There are three options for the architectural detailing on the elevations of this plan. Each option includes a large porch which extends six feet beyond the front of the garage. The elevations include stucco walls with added architectural details such as decorative gable features, craftsman style window trim, gridded windows, and knee braces at the roof line. The second stock plan has a ranch style influence with wood siding and a wrap around porch. Accent materials are provided at the roof pitch. Window trim, gridded windows, and columns along the porch give the elevations added detail. The applicants have provided a total of five different color schemes for the 11 units. The options utilize earth toned colors with mostly browns, rusts, and muted green tones, combined with an off-white trim. It is staff's opinion that the two stock plans with different elevation options, combined with the five different color schemes will provide sufficient architectural variety to the streetscape. Conditions have been included in the attached resolutions to require smooth stucco on the craftsman style stock plan, and substantial columns (6" by 6" minimum, square) on the porch of the ranch -style plan (Conditions 17 and 18.) ITEM NUMBER: 5 DATE: 1-1 8; -AR Stock Plan #1 with 3 elevation options v _- r5- 0 paintc4 6xr, Columns :.. � _� — Siucoo Siding — Applmd Wond 0 tinhund &i.,e. Trim f7Yp.to a Omion B - Front Elevation lig" = 1'-0' --!tori-. Siding or Shingifte 0Nnied6x6 - _ - T4r'Typ.L.w. Culmm�s Stucco Siding Ig 5Nocoed Baes- — Conter on Wmdo.s — Appl ini Waal Trim (Typ.i• Option C - Front Elevation I18 -s 1. -Orr Stock Plan #2 with 1 elevation option I F I Is.rr a a e rl ITEM NUMBER: 5 DATE: 1-1 s -ns Staff is recommending minor changes be made to the residences to meet the Planned Development finding for superior architecture. These changes include adding railing to the wrap around porch on the ranch -style plan, and changing out the "clay urn" building color in the color schemes with a more muted color, consistent with the surrounding neighborhood (Conditions 17 and 19.) The side elevation on Lot 8 has been conditioned to include additional architectural detail due to its prominent location on the corner of Navajoa and San Andres Avenues (Condition 16.) Due to the prominent garage on the front elevations, staff has conditioned the project to include wood or other similar carriage style garage doors (Condition 20.) The owner has requested that no changes be made to the colors or elevations proposed. However, staff believes that these minor changes would support the required finding of a superior project. Side Elevation Lot 8, facing Navajoa & San Andres Ave. Conditioned to include larger windows and additional detailing at this prominent corner location "Amarr" Garage Doors RECEIVED HERITAGE & STRATFORD COLL E C T I O N S DEC 1 1 2007 NO 1r "C `"u COMMUNITY DEVELOPMENT vro - &7O XTON MCU -M fn i - IMMA MC.T.w �— Garage door cut sheet above proposed by applicant Garage doors conditioned to be wood or carriage style doors instead ITEM NUMBER: 5 DATE: 1.1 8; -AR Landscape Design The Preliminary Landscape Plan has been designed to retain existing mature native trees where feasible. Proposed landscaping includes drought tolerant shrubs and accent plants. The private park proposed at the corner of Atascadero Avenue and San Andres is designed to act as a buffer between the residences and Morro Road. Pathways with decorative pavement are included through the park. A dry pond made of cobble rocks is located at the front of the park. A dry creek meanders through the park and combines with the landscape on the residential lot next door. Ground cover is made up of low shrubs and perennials. Larger trees line the back of the park to provide privacy for the adjacent residential properties. A statue is proposed at the center of the park. The park would be fenced and gated for private use and would be maintained by the owner, which is currently Atascadero Homeowners, LLC. In staff's opinion, the proposed Landscape Plan and palette, as conditioned, meets the Planned Development appearance review requirements. Landscape Plan, Lot 1 2 units and Private Park plan, Lots 2 & 3 Family Units ITEM NUMBER: 5 DATE: 1-1 8; -AR Sketch of proposed Private Park The proposed private park includes a decorative wall and fence along the property line at the corner facing Morro Road. Access gates would be located on each street frontage, and would allow the park to be locked for security purposes. The wall is proposed to be 2'-8' in height with a wrought iron fence on top. The fence/wall combination is proposed to be 6 feet in height at the tallest points. The Atascadero Municipal Code requires that fencing within the front setback, including fencing along the sidewalk, be maintained at less than three feet in height to provide adequate visibility and an open feel along street frontages. In order to construct the fence as proposed, an exception must be approved to allow the six foot fence around the private park. An exception has been included in the attached resolution to allow the fence as proposed (Condition 25.) 6' wall/fence proposed around park No w nae• nn- w r—A un soccer STREET SIDE rov a•o�e • • �ncp rrr • tyu woa w.� SECTION COMMEMORATIVE WALL ITEM NUMBER: 5 DATE: 1-1 5 -ns Native Tree Mitigation/Preservation The project site includes several native trees including native Sycamore, Black Walnuts, Valley Oaks, and one Coast Live Oak. Native trees have been preserved where feasible. The driveway and floor plan on Lot 3 of the 9 -unit PD have been sited for adequate clearance of the 35 -inch Live Oak along the property line. A bump out is included along Atascadero Avenue to provide for an existing 56 -inch Sycamore in the right-of-way. Grading and excavation around these trees shall be monitored by the project arborist to ensure that the trees survive (Mitigation Measures 4.e.1 and 4.e.2.) A tree removal application for removal of 8 Black Walnuts, totaling 310 inches DBH is included with the proposed project on Lots 2 and 3. Six of the Black Walnuts proposed for removal are located within the right-of-way along Navajoa Avenue and have been trimmed for power line clearance over the years. The other two Black Walnuts are located on Lot 8 and require removal for construction of this residence. A Condition of Approval has been included requiring that the applicant pay mitigation fees into the Tree Replacement Fund or provide equivalent re -plantings on-site, as required by the Atascadero Native Tree Ordinance and as shown in the following chart (Condition 15.) The Applicant would be required to pay $10,333.33 into the tree fund or replant 207 five gallon native trees. A combination of mitigation fees and replanting is also available to the applicant. ITEM NUMBER: 5 DATE: 1 -15 -OS Site Drainage This project is required to retain the difference between the undeveloped 2 year storm run off and the developed 50 year storm runoff to mitigate the increase runoff into the storm drain system. The project will use individual drainage basins on each lot to handle the increased flow. The basin will be underground "infiltrator" basins. When the basin becomes full, they will overflow into the new curb and gutter through small drain pipe under the side walk. The gutters will drain into storm drain inlets that connect to the existing storm drain in Atascadero Ave. The Atascadero Ave. storm drain drains into Atascadero Creek. (City Engineer Project Condition #2.) This system will mitigate the increased storm water flow and keep the silts and pollutants on site and not in Atascadero Creek. Wastewater Sanitary sewer will be connected to existing sewer facilities. Fiscal Impact Based on findings from the Taussig Study, revenue from new residential development including property tax revenues, vehicle licensing fees, sales taxes, and other revenues are insufficient to cover the maintenance and emergency services costs of new development. Based on the revenue projections from the Taussig Study, the City has developed standard conditions of approval for new development projects that require the cost of maintenance and emergency services to be funded by the project through a combination of road assessment districts, landscape and lighting districts and community facilities districts (Conditions 8 and 9.) The following Conditions of Approval are included to mitigate the fiscal impacts of the project on the City of Atascadero. Condition CUP /TTM 8 • The emergency services and facility maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. a) All Atascadero Police Department service costs to the project. b) All Atascadero Fire Department service costs to the project. c) Off-site common City of Atascadero park facilities maintenance service costs related to the project. ITEM NUMBER: DATE: 1-15-08 Condition CUP /TTM 9 All tract maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. b) All parks, trails, recreational facilities and like facilities. c) All open space and native tree preservation areas. d) All drainage facilities and detention basins. e) All creeks, flood plains, floodways, wetlands, and riparian habitat areas. f) All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. g) All frontage landscaping and sidewalks along arterial streets. Inclusionary and Workforce Housing The City Council has implemented an interim Inclusionary Affordable Housing Program to include a fixed percentage of units within residential developments that require a legislative approval to be reserved as deed restricted affordable units. All residential projects that require legislative approval are subject to the inclusionary requirement as follows: o Projects of 1-10 units: pay in -lieu fee or build units. o Projects of 11 or more units must build units or receive a Council approval to pay in -lieu fees. Per the requirements of the General Plan, the Atascadero Avenue Triangle is required to be developed as a Master Planned Development. A total of 11 units are proposed on the three lots, and therefore, the project is required to provide one affordable unit deed restricted at the moderate income rate to meet the City Council's Inclusionary Affordable Housing Program. A Condition of Approval has been added to ensure that this requirement is met (Condition 13.) Project Benefits One of the required findings for approval of a Planned Development Rezone is that the project must "...offer certain redeeming features to compensate for the requested modification." The table shown below outlines the Council policy on Planned ITEM NUMBER: 5 DATE: 1-1 s -ns Development benefits. In order to approve this project, the Planning Commission must find that the project offers all of the Tier 1 Benefits to qualify for a Planned Development project. PD Location Tier 1 Benefits Tier 2 Benefits Inside of Urban Core a) Affordable / Workforce Housing a) Pocket Parks in larger projects b) High Quality Architectural Design b) Trails /Walkways for Pedestrian PDs c) High Quality Landscape Design Connectivity d) Buffering between Urban and c) Historic Preservation Suburban zones (large lot sizes, increased setbacks, landscape buffers, etc.) e) Higher density to meet Housing Element goals Tentative Tract Map A 9 -lot Tentative Tract Map (TTM 2007-0101) is proposed as part of the project on Lots 2 and 3. A 3 -lot Tentative Parcel Map (TPM 2007-0091) is proposed on Lot 1. Both Maps are consistent with the proposed Master Plan of Developments and proposed PD -7 Overlay Zone. The Maps have been conditioned by staff to meet all City standards including on- and off-site street improvements. The applicant will be required to record CC&R's with the Map that will include maintenance and access of drainage and sewer easements as needed (Condition 12.) GPA Tribal Review The General Plan Amendment and project plans have been referred for Tribal Consultation as required by Senate Bill 18. Requests for information were sent to both the Native American Heritage Commission and California Historic Resources Information System. No known historical, archeological or cultural sites have been found or documented in the vicinity of the project. City staff met with Fred Collins of the Northern Chumash Tribal Council to discuss the project and do a site visit. The City has received written approval to proceed on the General Plan Amendment by the Northern Chumash Tribal Council. General Plan Consistency The proposed project is consistent with the following General Plan Land Use and Housing Element Policies: Land Use Policy 1.1: "Preserve the rural atmosphere of the community and assure "elbow room" in areas designed for lower density development by guiding new development into the Urban Core to conform to the historic Colony land use patterns of ITEM NUMBER: 5 DATE: 1-1 5 -ns the City and to respect the natural environment, hillside area and existing neighborhoods". Land Use Program 1.1.7: "Within the Urban Core encourage infill development or revitalization or reuse of land already committed to urban development where utilities and public services exist. Land Use Policy 2.1: "Ensure that new development is compatible with existing and surrounding neighborhoods". Housing Element Policy 4.3: "Encourage attractive architecture and site landscaping that respect terrain and native trees". In staff's opinion the proposed project, as conditioned is consistent with the goals and policies of the Land Use Element and the Housing Element. The projects will provide 11 single-family residential units within the high-density residential zone. As conditioned, the project incorporates elements that are consistent with the scale and character of the surrounding residential neighborhood and the goals and policies of the General Plan. Findings General Plan Findings: 1. The proposed amendment is in the public interest; and 2. The proposed amendment is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan; and 3. The proposed amendment is compatible with existing development, neighborhoods and the environment; and 4. The proposed amendment will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts; and 5. The proposed amendment is consistent with adopted General Plan EIR and mitigation monitoring program; and 6. The proposed amendment is in the best interest of the City to enact this amendment to the General Plan Land Use Diagram to protect the health, safety and welfare of its citizens and is compatible with existing and proposed development. ITEM NUMBER: 5 DATE: 1-1 5 -ns Zone Change Findings: As specified in the City's General Plan and Zoning Ordinance, the following specific findings for the proposed Zone Change shall be made in order to approve the proposed project: 1. The proposed Zone Change is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. 2. The proposed Zone Change is compatible with existing development, neighborhoods and the environment. 3. The proposed Zone Change will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 4. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 5. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 6. Benefits derived from the Overlay Zone cannot be reasonably achieved through existing development standards or processing requirements. 7. The proposed project offers certain redeeming features to compensate for the requested Zone Change. Tentative Tract Map and Tentative Parcel Map Findings: 1. The proposed subdivision, design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements, including provisions of the PD -8 Overlay District. 2. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District -7 Master Plan of Development 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. 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. ITEM NUMBER: 5 DATE: 1-1 s -ns Conditional Use Permit (Master Plan of Development): A Master Plan of Development is required for the Planned Development in the form of a Conditional Use Permit. The proposed Master Plan of Development sets development standards related to architectural design, site design, landscape, signage, and specific development standards required by the Zoning Ordinance. The Planning Commission must make the following five findings to recommend approval of the proposed Master Plan of Development: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The use is consistent with the General Plan Land Use Element Policy 1.1, 1.1.7, 2.1, and Housing Element Policy 4.3. With the approval of the attached General Plan Amendment, the proposed development would be consistent with the General Plan requirements. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the Planned Development Ordinance. Staff Comment: With approval of the attached Zoning Map Amendment, and approval of the minor exceptions noted in the analysis above, the projects satisfy all Conditional Use Permit and Planned Development zoning code provisions. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment: The proposed residential development will not be detrimental to the general public or working person's health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The proposed project is compatible with the surrounding neighborhood. The project includes detached single-family residences, with high quality landscape and architecture. The project has been designed to enhance the appearance of this currently vacant site. 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. ITEM NUMBER: 5 DATE: 1-1 s -ns Staff Comment: The proposed project and use is consistent with the traffic projections and road improvements anticipated within the General Plan and as proposed by the applicant. Tree Removals 1. The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: ■ Early consultation with the City; ■ Consideration of practical design alternatives; ■ Provision of cost comparisons (from applicant) for practical design alternatives; ■ If saving tree eliminates all reasonable uses of the property; or ■ If saving the tree requires the removal of more desirable trees. Proposed Environmental Determination A Draft Mitigated Negative Declaration was circulated to public agencies and interested members of the public on December 27, 2007. The Environmental Analysis identified concerns regarding potential impacts to aesthetics, land use and planning, noise, biological resources, and traffic. Mitigation measures pertaining to these resources are included. A finding is proposed that this project would not have a significant effect on the environment based upon the implementation of the identified mitigation measures. Conclusion With the approval of the City -initiated General Plan Amendment and Zoning Map Amendment, the proposed development projects, as conditioned, would be consistent with the requirements of the General Plan and Zoning Ordinance. The proposed GPA would amend the Master Plan of Development requirement of the Atascadero Avenue Triangle to no longer require a '/2 acre park on the subject site. A Master Plan of Development would still be required for the three sites to ensure that cohesive development occurs on the parcels. The General Plan and Zoning Designation would be amended, and Lot 1 would be allowed to be developed with up to two residences. In staff's opinion, the proposed development projects, as conditioned, are compatible with the surrounding neighborhood. The projects incorporate appearance review of architectural design, materials, and landscaping, and incorporate architectural themes into the site and building designs, as conditioned. Native trees have been preserved where feasible and required conditions and mitigation measures have been appropriately incorporated into the project. As analyzed within the project Initial Study and Draft Mitigated Negative Declaration, the proposed Master Plan of Development ITEM NUMBER: 5 DATE: 1-1 5 -ns would have no significant environmental impacts and will not be detrimental to the general public or working persons health, safety, or welfare. Based on staff's analysis in the preceding sections, it appears that all of the required findings for project approval can be made. ALTERNATIVES 1. The Commission may recommend modifications to the projects and/or conditions of approval for the projects to the City Council. 2. The Commission may determine that more information is needed on some aspect of the projects and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may recommend the City Council deny the City initiated or private development projects. The Commission should specify the reasons for denial of the project and recommend an associated finding with such action. If the Planning Commission recommends denial of the City initiated General Plan Amendment and Zone Change, the two development applications can not be approved. The 3 -lot Planned Development application can not be processed without the adjacent 9 -unit project based on PD -7 requirements. If the Planning Commission recommends denial of the 9 -lot application, the 3 -lot Planned Development project can not be approved. PREPARED BY: Callie Taylor, Associate Planner ATTACHMENTS: Attachment 1: Location, General Plan, and Zoning Map Attachment 2: Letter from neighbor Attachment 3: Arborist Report: Lot 1 Attachment 4: Arborist Report: Lots 2 &3 Attachment 5: Proposed Mitigated Negative Declaration and Initial Study Attachment 6: Draft Resolution 2008-0004 Attachment 7: Draft Resolution 2008-0005 Attachment 8: Draft Resolution 2008-0006 Attachment 9: Draft Resolution 2008-0007 Attachment 10: Draft Resolution 2008-0008 Attachment 11: Draft Resolution 2008-0009 Attachment 12: Draft Resolution 2008-0010 Attachment 13: Draft Resolution 2008-0011 ITEM NUMBER DATE: 1-15-08 Attachment 1: Location, General Plan and Zoning Map Lots 2 & 3: • Currently zoned RMF -16 • Housing site (10 units max allowed by current General Plan requirements) Lot 1: • Current zoning: Recreation • Currently includes General Plan Requirement for % park • Proposed to be rezoned to RMF -16 • Proposed General Plan amendment to remove'/2 acre park requirement ITEM NUMBER DATE: 1-15-08 Attachment 2: Letter from Neighbor Dear Atascadero Council Members: My name is Mary Martindale and I live at 6895 Atascadero AV. My concerns about the Navajoa Avenue Development are the following. My first concern is about changing the General Plan for Lot 1 from Recreation to High Density Residential. Why? Our sweet small town is being eaten up with concrete and needs dirt and trees in order to breathe. I hope that the roads will be the first on the Developers' list and that the Developer will pay for the so-called improvement. Lots 2 & 3 will have nine 2 - car garages, 18 new cars. Lot 1 will have at least four new cars. Atascadero AV and San Andres AV are heavy with High School traffic now, and of course the school will only grow. And there are two other developments in the immediate vicinity: across Navajoa and 1/2 block down Atascadero AV. It's amazing to me the number of new cars the City Council thinks we can tolerate. Sincerely, Mary Martindale Attachment 3: Arborist Report and Tree Protection Plan: Lot 1 Ad ARBOR=STS P.O. BOX 1311 TEMPLETON, CA 83465 ITEM NUMBER DATE: 1-15-08 9-28-07 RECEIVE® Atascadero Homeowners LLC. 6205 Alcantara AveQC 17 2007 ,Atascadero, CA 93422 P(T 0-7-/a� COMMUNITY DEVELOPM1 Re: Parcel Map AT 07-0229 l'his tree protection plan is in regard to lots 1-3 of lot 1, Block Y -A behind Circle K off of Morro Road in Atascadero, California. Only lots 1 and 2 will be developed with single family homes. The trees on-site consist of black walnuts (Judlans hindsii) and valley oaks (Quercus lobala). The black walnuts will be impacted from home over -excavation and the valley oaks will be impacted from sidewalk construction. All excavation shall be monitored for proper root pruning near the black walnuts. The valley oaks shall be protected from excess fill sloughing downhill from sidewalk excavation. It is the responsibility of the owner to provide a copy of this tree protection plan to any and all contractors and subs that work within the drip line of any native tree. It is highly recommended that each contractor sign and acknowledge this tree protection plan. This project shall require an on-site pre -construction meeting with the city, owner, grading contractor and the arborist. Topics will include fencing, monitoring and requirements for a positive final occupancy letter. All trees potentially impacted by this project are numbered and identified on both the grading plan and the spreadsheet. Trees are numbered on the grading plans and in the field with an aluminum tag. Tree protection fencing is shown on the grading plan. In the field, trees to be saved have yellow tape and trees to be removed have red tape. Tree Rating System A rating system of 1-10 was used for visually establishing the overall condition of each tree on the spreadsheet. The rating system is defined as follows: Rating Condition 0 Deceased 1 Evidence of massive past failures, extreme disease and is in severe decline. 2 May be saved with attention to class 4 pruning, insect/pest eradication and future monitoring. 3 Some past failures, some pests or structural defects that may be mitigated by class IV pruning. ITEM NUMBER DATE: 1-15-08 Attachment 3: Arborist Report and Tree Protection Plan: Lot 1 4 May have had minor past failures, excessive deadwood or minor structural defects that can be mitigated with pruning. 5 Relatively healthy tree with little visual structural and or pest defects. 6 Healthy tree that probably can be left in its natural state. 7-9 Have had proper arboricultural pruning and attention or have no apparent structural defects. 10 Specimen tree with perfect shape, structure and foliage in a protected setting (i.e. park, arboretum). The following mitigation measures/methods must be fully understood and followed by anyone working within the drip line of any native tree. Any necessary clarification will be provided by us (the arborists) upon request. 1. Fencing: The proposed fencing shall be shown in orange ink on the grading plan. It must be a minimum of 4' high chain link, snow or safety fence staked at the edge of the drip line or line of encroachment for each tree or group of trees. The fence shall be up before any construction or earth moving begins. The owner shall be responsible for maintaining an erect fence throughout the construction period. The arborist(s), upon notification, will inspect the fence placement once it is erected. After this time, fencing shall not be moved without arborist inspection/approval. If the orange plastic fencing is used, a minimum of four zip ties shall be used on each stake to secure the fence. All efforts shall be made to maximize the distance from each saved tree. The fencing must be constructed prior to the city pre -construction meeting for inspection by the city and the arborists. 2. Soil Aeration Methods: Soils within the drip line that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include water jetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with a 24" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist(s) shall advise. 3. Chip Mulch: All areas within the drip line of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction. 4. Trenching Within Drip Line: All trenching for foundations within the drip line of native trees shall be hand dug. All major roots shall be avoided whenever possible. All exposed roots larger than 1" in diameter shall be clean cut with sharp pruning tools and not left ragged. A Mandatory meeting between the arborists and grading/trenching contractor(s) shall take place prior to work start. This activity shall be monitored by the arborist(s) to insure proper root pruning is talking place. 5. Grading Within The Drip Line: Grading should not encroach within the drip line unless authorized. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. ITEM NUMBER: 5 DATE: 1-15-08 Attachment 3: Arborist Report and Tree Protection Plan: Lot 1 6. Exposed Roots: Any exposed roots shall be re-covered the same day they were exposed. If they cannot, they must be covered with burlap or another suitable material and wetted down 2x per day until re -buried. 7. Paving Within The Drip Line: Pervious surfacing is preferred within the drip line of any native tree. This includes coring vertical tubing approximately 4 feet on center within the drip line and backfilling with Mychorizza, slow release fertilizer and pea gravel. 8. Equipment Operation: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. Also there is to be no parking of equipment or personal vehicles in these areas. All areas behind fencing are off limits unless pre -approved by the arborist. 9. Existing Surfaces: The existing ground surface within the drip line of all native trees shall not be cut, filled, compacted or pared, unless shown on the grading plans and approved by the arborist. 10. Construction Materials And Waste: No liquid or solid construction waste shall be dumped on the ground within the drip line of any native tree. The drip line areas are not for storage of materials either. 11. Arborist Monitoring: An arborist shall be present for selected activities (trees identified on spreadsheet and items bulleted below). The monitoring does not necessarily have to be continuous but observational at times during these activities. It is the responsibility of the owner(s) or their designee to inform us prior to these events so we can make arrangements to be present. It is the responsibility of the owner to contract (prior to construction) a locally licensed and insured arborist that will document all monitoring activities. • pre -construction fence placement • any utility or drainage trenching within any drip line • All grading and trenching near trees requiring monitoring on the spreadsheet 12. Pre -Construction Meeting: An on-site pre -construction meeting with the Arborist(s), Owner(s), Planning Staff, and the earth moving team shall be required for this project. Prior to final occupancy, a letter from the arborist(s) shall be required verifying the health/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall verify that the arborist(s) were on site for all grading.and/or trenching activity that encroached into the drip line of the selected native trees, and that all work done in these areas was completed to the standards set forth above. 13. Pruning: Class 4 pruning includes -Crown reduction pruning shall consist of reduction of tops, sides or individual limbs. A trained arborist shall perform all pruning. No pruning shall take more than 25% of the live crown of any native tree. Any trees that may need pruning for road/home clearance shall be pruned prior to any grading activities to avoid any branch tearing. ITEM NUMBER DATE: 1-15-08 Attachment 3: Arborist Report and Tree Protection Plan: Lot 1 14. Landscape: All landscape under the drip -line shall be drought tolerant or native varieties. Lawns shall be avoided. All irrigation trenching shall be routed around drip lines; otherwise above ground drip -irrigation shall be used. It is the owner's responsibility to notify the landscape contractor regarding this mitigation. 15. Utility Placement: All utilities and sewer/storm drains shall be placed down the roads/driveways and when possible outside of the drip lines. The arborist shall supervise trenching within the drip line. All trenches in these areas shall be exposed by air spade or hand dug with utilities routed under/over the roots. Roots greater than 2 inches in diameter shall not be cut. 16. Fertilization and Cultural Practices: As the project moves toward completion, the arborist(s) may suggest either fertilization and/or mycorrhiza applications that will benefit tree health. Mycorrhiza offers several benefits to the host plant, including faster growth, improved nutrition, greater drought resistance, and protection from pathogens. The included spreadsheet includes trees listed by number, species and multiple stems if applicable, diameter and breast height (4.5'), condition (scale from poor to excellent), status (avoided, impacted, removed, exempt), percent of drip line impacted, mitigation required (fencing, root pruning, monitoring), construction impact (trenching, grading), recommended pruning and individual tree notes. If all the above mitigation measures are followed, we feel there will be no additional long-term significant impacts to the remaining native trees. A & T Arborists strongly suggests that the responsible party (owner of their designee) make copies of this report. Any reproduction by A & T Arborists or changes to this original report will require an additional charge. Please let us know if we can be of any future assistance to you for this project. Steven G. Alvarez Certified Arborist #WC 0511 Chip Tamagni Certified Arborist WE 6436-A ITEM NUMBER DATA 1450 Attachment asw@ Reportand Tree Protection Plan: Lot I j� z 2 t e e \ \ \ o R » % E \ ± ¥ Q /$ C1 }- // S� m m m m m @ / \ \ / 2 § \ % )\\ z� 07 \k�: § o \ CO g § � � � � � (��n § E� _�- \ - { § } F- w w � f \ � O Q G o 0 -_- / � � / % / / / - a §;2|! / §} ©®... J 3 J y J % / \ / < » / k\ ) § - - - - - /� j § § o r # a � \( (§ \ w§ w|! 0 7§ � M COk \ \ � � � � m §§&}\k o e� )E/!b ®-! C%4 § § / / / / / \}}j\( % � q n � LO CD 1,- 00 n � p m I- m » o / ITEM NUMBER: 5 DATE: -1 _1 s;_nR Attachment 3: Arborist Report and Tree Protection Plan: Lot 1 ITEM NUMBER DATE: 1-15-08 Attachment 4: Arborist Report and Tree Protection Plan: Lots 2 and 3 A & T ARSORiSTS P.O. BOX 1311 TEMPLETON, CA 83465 (805) 434-0131 1 9-29-07 Kelly Gearhart Tract 2959 lots 2 and 3 Atascadero, California RAE `SIDED OCT 18 2007 This project involves the development of the empty lot behind Circle K off Highway 41 in Atascadero, California. The lot is relatively flat with a native sycamore (Platanus Racemosa), black walnuts (Judlans nigra), valley oaks (Quercus lobata) and one coast live oak (Quercus agriffolfa). Eight black walnuts (seven are multi -trunked) are being proposed for removal with a total diameter of 310 inches. Six of the walnuts have been trimmed for power line clearance and provide poor to fair aesthetic value. The site appearance would be improved by removing these trees and installing new landscape trees out from under the power lines. Monitoring will be mandatory for the street improvements near trees #I and 15. All curbing depth shall be kept to a minimum so that no large (>3") surface roots will need to be cut. All curbing excavation within the drip line shall be hand dug. The developer shall be prepared to span the curbing over any large roots encountered. It is the responsibility of the owner to provide a copy of this tree protection plan to any and all contractors and subs that work within the drip line of any native tree. It is highly recommended that each contractor sign and acknowledge this tree protection plan. This project shall require an on-site pre -construction meeting with the city, owner, trading contractor and the arborist. Topics will include fencing, monitoring and requirements for a positive final occupancy letter. All trees potentially impacted by this project are numbered and identified on both the grading plan and the spreadsheet. Trees are numbered on the grading plans and in the field with an aluminum tag. Tree protection fencing is shown on the grading plan. In the field, trees to be saved have yellow tape and trees to be removed have red tape. Tree Rating System A rating system of 14 0 was used for visually establishing the overall condition of each tree on the spreadsheet. The rating system is defined as follows: Rating Condition Deceased Evidence of massive past failures, extreme disease and is in severe decline. ITEM NUMBER DATE: 1-15-08 Attachment 4: Arborist Report and Tree Protection Plan: Lots 2 and 3 2 May be saved with attention to class 4 pruning, insect/pest eradication and future monitoring. 3 Some past failures, some pests or structural defects that may be mitigated by class IV pruning. 4 May have had minor past failures, excessive deadwood or minor structural defects that can be mitigated with pruning. 5 Relatively healthy tree with little visual structural and or pest defects. 6 Healthy tree that probably can be left in its natural state. 7-9 Have had proper arboricultural pruning and attention or have no apparent structural defects. 10 Specimen tree with perfect shape, structure and foliage in a protected setting (i.e. park, arboretum). The following mitigation measures/methods must be fully understood and followed by anyone working within the drip line of any native tree. Any necessary clarification will be provided by us (the arborists) upon request. 1. Fencing: The proposed fencing shall be shown in orange ink on the grading plan. It must be a minimum of 4' high chain link, snow or safety fence staked at the edge of the drip line or line of encroachment for each tree or group of trees. The fence shall be up before any construction or earth moving begins. The owner shall be responsible for maintaining an erect fence throughout the construction period. The arborist(s), upon notification, will inspect the fence placement once it is erected. After this time, fencing shall not be moved without arborist inspection/approval. If the orange plastic fencing is used, a minimum of four zip ties shall be used on each stake to secure the fence. All efforts shall be made to maximize the distance from each saved tree. The fencing must be constructed prior to the city pre -construction meeting for inspection by the city and the arborists. 2. Soil Aeration Methods: Soils within the drip line that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include water jetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with a 24" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist(s) shall advise. 3. Chip Mulch: All areas within the drip line of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction. 4. Trenching Within Drip Line: All trenching for foundations within the drip line of native trees shall be hand dug. All major roots shall be avoided whenever possible. All exposed roots larger than 1 " in diameter shall be clean cut with sharp pruning tools and not left ragged. A Mandatory meeting between the arborists and grading/trenching contractor(s) shall take place prior to work start. This activity shall be monitored by the arborist(s) to insure proper root pruning is talking place. 5. Grading Within The Drip Line: Grading should not encroach within the drip line unless authorized. Grading should not disrupt the normal drainage pattern around the ITEM NUMBER: DATE: 1-15-08 Attachment 4: Arborist Report and Tree Protection Plan: Lots 2 and 3 trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. 6. Exposed Roots: Any exposed roots shall be re-covered the same day they were exposed. If they cannot, they must be covered with burlap or another suitable material and wetted down 2x per day until re -buried. 7. Paving Within The Drip Line: Pervious surfacing is preferred within the drip line of any native tree. This includes coring vertical tubing approximately 4 feet on center within the drip line and backfilling with Mychorizza, slow release fertilizer and pea gravel. After final driveway approach design is complete near tree #1, the assessment will be made. 8. Equipment Operation: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. Also there is to be no parking of equipment or personal vehicles in these areas. All areas behind fencing are off limits unless pre -approved by the arborist. 9. Existing Surfaces: The existing ground surface within the drip line of all native trees shall not be cut, filled, compacted or pared, unless shown on the grading plans and approved by the arborist. 10. Construction Materials And Waste: No liquid or solid construction waste shall be dumped on the ground within the drip line of any native tree. The drip line areas are not for storage of materials either. 11. Arborist Monitoring: An arborist shall be present for selected activities (trees identified on spreadsheet and items bulleted below). The monitoring does not necessarily have to be continuous but observational at times during these activities. It is the responsibility of the owner(s) or their designee to inform us prior to these events so we can make arrangements to be present. It is the responsibility of the owner to contract (prior to construction) a locally licensed and insured arborist that will document all monitoring activities. • pre -construction fence placement • any utility or drainage trenching within any drip line • All grading and trenching near trees requiring monitoring on the spreadsheet 12. Pre -Construction Meeting: An on-site pre -construction meeting with the Arborist(s), Owner(s), Planning Staff, and the earth moving team shall be required for this project. Prior to final occupancy, a letter from the arborist(s) shall be required verifying the health/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall verify that the arborist(s) were on site for all grading and/or trenching activity that encroached into the drip line of the selected native trees, and that all work done in these areas was completed to the standards set forth above. ITEM NUMBER DATE: 1-15-08 Attachment 4: Arborist Report and Tree Protection Plan: Lots 2 and 3 13. Pruning: Class 4 pruning includes -Crown reduction pruning shall consist of reduction of tops, sides or individual limbs. A trained arborist shall perform all pruning. No pruning shall take more than 25% of the live crown of any native tree. Any trees that may need pruning for road/home clearance shall be pruned prior to any grading activities to avoid any branch tearing. 14. Landscape: All landscape under the drip -line shall be drought tolerant or native varieties. Lawns shall be avoided. All irrigation trenching shall be routed around drip lines; otherwise above ground drip -irrigation shall be used. It is the owner's responsibility to notify the landscape contractor regarding this mitigation. 15. Utility Placement: All utilities and sewer/storm drains shall be placed down the roads/driveways and when possible outside of the drip lines. The arborist shall supervise trenching within the drip line. All trenches in these areas shall be exposed by air spade or hand dug with utilities routed under/over the roots. Roots greater than 2 inches in diameter shall not be cut. 16. Fertilization and Cultural Practices: As the project moves toward completion, the arborist(s) may suggest either fertilization and/or mycorrhiza applications that will benefit tree health. Mycorrhiza offers several benefits to the host plant, including faster growth, improved nutrition, greater drought resistance, and protection from pathogens. The included spreadsheet includes trees listed by number, species and multiple stems if applicable, diameter and breast height (4.5'), condition (scale from poor to excellent), status (avoided, impacted, removed, exempt), percent of drip line impacted, mitigation required (fencing, root pruning, monitoring), construction impact (trenching, grading), recommended pruning and individual tree notes. If all the above mitigation measures are followed, we feel there will be no additional long-term significant impacts to the remaining native trees. Please let us know if we can be of any future assistance to you for this project. Steven G. Alvarez Certified Arborist #WC 0511 Chip Tamagni Certified Arborist #WE 6436-A ITEM NUMBER DATE: 1-15-08 Attachment 4: Arborist Report and Tree Protection Plan: Lots 2 and 3 C) (� r � w w r- r `�' z � � °i °�' � uoi uoi voi 0 0 0 0 0 0 0 0 ,� CO w co CO r� ti � 0 0 0 0 0 0 0 0 J J J J J J J J Z cn o O — =� � � _J z n a o O i� w o 0 Z(r � 0 0 0 0 0 0 0 0 U g L � Z Z Z Z Z Z Z Z} O - o z f w Lu (Y z 7 w = O-° � o ? > �w Y 0 �n w w w w w w w w� O Q(� � z z z z z z z z� W N Lu � 0 0 0 0 0 0 0 0 Z K � (Y Z Z Z Z Z Z Z Z W U U E Z a LL Q Z Q Z ZO O i C Q N z O o� y U ti U U = 0 N O i C7 C� U C� C7 C7 C7 C� C� w H w O� N 0 Z O F,zf LL ° YJ w r a wLO a� a ,n 0 0 0 0 0 0 0 0 CD � o 0 0 0 0 0 0 CD o; z Q — UO iq 0 s Lu O i- = Y K O O � i> � � C,4 LO Co CO M M CO U-) O z J w = Q u ~ Z Q _ p U XUX Z'= O O 07 !� O Cl) O N U 0 G a m� � X X X X X X Cl) X 00 O O r N M 3 i to � � O O O CO Cl) (� N N t(7 N Lf) M r F r N o � r w w 2O in N 00 CO f� N u7 N � > O z U W H O C N wax xxx�xxxxo N 2 p z s Z m J 0 Z tt Y J (n m m m m m m m N u w. w z 9 H w O C Lu N m a v p r Lu HC14 M d' LO(O I- 00 O O r N M � to CD � O O O r r r N ITEM NUMBER: 5 DATE: 1-15-08 Attachment 4: Arborist Report and Tree Protection Plan: Lots 2 and 3 ITEM NUMBER DATE: 1-15-08 Attachment 5: Proposed Mitigated Negative Declaration and Initial Study See Following ITEM NUMBER: 5 DATE: 1-1 s -M ATTACHMENT 6: Draft Resolution PC 2008-0004 Recommendation for Approval of Draft Mitigated Negative Declaration DRAFT RESOLUTION PC 2008-0004 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL CERTIFY PROPOSED MITIGATED NEGATIVE DECLARATION 2007-0027 PREPARED FOR PLN 2007-1243 / PLN 2007-1251/ PLN 2007-1197 ON APN 030-283-005; Lots 1, 2, and 3 (Atascadero Homeowners, LLC / MLW Holdings, LLC / City of Atascadero) WHEREAS, an application has been received from the City of Atascadero, 6907 El Camino Real, Atascadero, CA 93422, (Applicant), Adamski, Moroski, Madden & Green, LLP, P.O. Box 3835, San Luis Obispo, CA 93403, (Applicant), Atascadero Homeowners, LLC, 6205 Alcantara Avenue, Atascadero, CA 93422) Property Owner, and MLW Holdings, LLC (P.O. Box 604, Atascadero, CA 93423, (Property Owner), to consider a project consisting of a General Plan Amendment, Zoning Map Amendment, 9 -unit Planned Development -7, and 2 -unit Planned Development -7 with corresponding Master Plan of Development and Tentative Tract Map on a 2.24 -acre site located at 6905 Navajoa Avenue, (APN 030-283-005; Lots 1, 2, and 3); and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2007-0027 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on January 15, 2008 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, WHEREAS, the Planning Commission has determined that the project will have no significant impacts with project specific mitigation measures incorporated; and, NOW THEREFORE, the Planning Commission of the City of Atascadero, hereby resolves to recommend that the City Council certify Proposed Mitigated Negative Declaration 2007-0027 based on the following Findings, and as shown in Exhibit A: 1. The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, ITEM NUMBER: 5 DATE: 1.1 s;_ns3 2. The Proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, 3. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project; 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; and, BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER DATE: 1-15-08 Exhibit A Proposed Mitigated Negative Declaration 2007-0027 See Following ITEM NUMBER DATE: 1-15-08 ATTACHMENT 7: Draft Resolution PC 2008-0005 Recommendation for Approval of General Plan Amendment DRAFT RESOLUTION PC 2008-0005 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THE APPROVAL OF GENERAL PLAN AMENDMENT 2007-0019, AMENDING THE GENERAL PLAN LAND USE DIAGRAM DESIGNATION OF LOT 1 OF APN 030-283- 005 FROM RECREATION (L) TO HIGH DENSITY RESIDENTIAL (HDR) AND AMENDING THE REQUIREMENTS OF THE GENERAL PLAN MASTER PLAN OF DEVELOPMENT OVERLAY #12 (ATASCADERO AVENUE TRIANGLE) APN 030-283-005 6905 Navajoa Avenue (City of Atascadero / Atascadero Homeowners, LLC / MLW Holdings, LLC) WHEREAS, an application has been received from the City of Atascadero, 6907 El Camino Real, Atascadero, CA 93422, (Applicant), Atascadero Homeowners, LLC, 6205 Alcantara Avenue, Atascadero, CA 93422, (Property Owner), and MLW Holdings, LLC, P.O. Box 604, Atascadero, CA 93423, (Property Owner) to consider a project consisting of an amendment to the requirements of the General Plan Master Plan of Development Overlay #12: "Atascadero Avenue Triangle" and a General Plan Land Use Diagram Amendment from Recreation (REC) to High Density Residential (HDR) and on a 0.38 -acre site located at 6905 Navajoa (Lot 1 of APN 030-283-005); and, WHEREAS, the site's current General Plan Land Use Designation is Recreation (REC); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0027 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the General Plan Land Use Diagram to protect the health, safety and welfare of its citizens by applying orderly development and expanding housing opportunities within the City; 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, ITEM NUMBER: 5 DATE: 1.1 s_ns WHEREAS, a timely and properly noticed Public Hearing upon the subject General Plan 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 General Plan Amendment; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on January 15, 2008, studied and considered General Plan Amendment 2007-0019, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of a General Plan Amendment: The Planning Commission finds as follows: 1. The proposed amendment is in the public interest. 2. The proposed amendment is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. 3. The proposed amendment is compatible with existing development, neighborhoods and the environment. 4. The proposed amendment will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 5. The proposed amendment is consistent with adopted General Plan EIR and mitigation monitoring program. 6. The proposed amendment is in the best interest of the City to enact this amendment to the General Plan Land Use Diagram to protect the health, safety and welfare of its citizens and is compatible with existing and proposed development; and, SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on January 15, 2008, hereby resolves to approve General Plan Amendment 2007-0019 consistent with the following: 1. Exhibit A: General Plan Land Use Diagram Amendment 2. Exhibit B: General Plan Table II -5 Amendment; Amendment of Master Plan of Development Overlay#12 Requirements ITEM NUMBER: 5 DATE: 1.1 8; -AR On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson ATTEST: Warren M. Frace Community Development Director ITEM NUMBER DATE: 1-15-08 Exhibit A: General Plan Land Use Diagram Amendment ITEM NUMBER: DATE: 1-15-08 Exhibit B: General Plan Table 11-5; Amendment of MPD Overlay#12 Development Requirements General Plan Land Use, Open Space and Conservation Element Table II -5; Master Pharr of Dev elopnlent Overlay-A-rea5. O-verlay Location EITs Maximum Density Special Features Number 12. Atascadero Avenue Triangle • 10 dwelling units • Development on Lot 1 shall combined max on Lots include additional landscape 2 & 3 buffer . 2 dwelling units max on Lot 1 ITEM NUMBER: 5 DATE: 1-1 s -ns ATTACHMENT 8: Draft Resolution PC 2008-0006 Recommendation for Approval of City Zoning Map Amendment DRAFT RESOLUTION PC 2008-0006 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2007-0145, AMENDING THE OFFICIAL ZONING MAP DESIGNATION FROM RECREATION (L) TO RESIDENTIAL MULTIFAMILY WITH 16 UNITS PER ACRE (RMF -16) APN 030-283-005; Lot 1 6905 Navajoa Avenue (City of Atascadero / Atascadero Homeowners, LLC / MLW Holdings, LLC) WHEREAS, an application has been received from the City of Atascadero, 6907 El Camino Real, Atascadero, CA 93422, (Applicant), Atascadero Homeowners, LLC, 6205 Alcantara Avenue, Atascadero, CA 93422, (Property Owner), and MLW Holdings, LLC, P.O. Box 604, Atascadero, CA 93423, (Property Owner), to consider a project consisting of a Zoning Map Change from L (Recreation) to RMF -16 (Residential Multi -family) on a 0.38 -acre site located at 6905 Navajoa Avenue (APN 030-283-005; Lot 1); and, WHEREAS, the Planning Commission has recommended that the site's current General Plan Designation be changed from REC (Recreation) to HDR (High Density Residential with 16 units per acre); and, WHEREAS, the site's current zoning district is L (Recreation); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0027 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Official Zoning Map to protect the health, safety and welfare of its citizens by applying orderly development of the City; 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 Zone Change application was held by the Planning Commission of the City of Atascadero at which ITEM NUMBER: 5 DATE: 1-15-08 hearing evidence, oral and documentary, was admitted on behalf of said Zoning Amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on January 15, 2008, studied and considered Zone Change 2007-0140, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of Atascadero changing the existing site zoning to RMF -16 (Residential Multi -family with 16 units per acre. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. The proposed projector use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on January 15, 2008, resolved to recommend the City Council introduce for first reading by title only, an Ordinance that would rezone the subject site consistent with the following: Exhibit A: Zone Map Amendment Diagram ITEM NUMBER: 5 DATE: 9.1 F%_nst On motion by Commissioner , and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson ATTEST: Warren M. Frace Community Development Director Exhibit A: Zone Map Amendment Diagram Avenue r �A 1 Zoning Map Amendment APN 030-283-005; Lot 1: Existing Zoning: L (Recreation) Proposed Zoning: RMF -16 (Residential Multi -family — 16 units per acre ITEM NUMBER: 5 DATE: 1.1 S;_nR ue ITEM NUMBER: 5 DATE: 1-1 s -ns ATTACHMENT 9: Draft Resolution PC 2008-0007 Recommendation for Approval of Zoning Map Amendment for PD -7 DRAFT RESOLUTION PC 2008-0007 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2007-0145 AND ZONE CHANGE 2007-0146, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OFAPN 030-283-005 FROM RMF -16 (RESIDENTIAL MULTI -FAMILY —16) TO RMF -16 /PD -7 (RESIDENTIAL MULTI- FAMILY —16/ PLANNED DEVELOPMENT OVERLAY #7) (Adamski, Moroski, Madden & Green, LLP/ Atascadero Homeowners, LLC / MLW Holdings, LLC) WHEREAS, applications has been received from Adamski, Moroski, Madden & Green, LLP, P.O. Box 3835, San Luis Obispo, CA 93403, (Applicant), Atascadero Homeowners, LLC, 6205 Alcantara Avenue, Atascadero, CA 93422, (Property Owner), and MLW Holdings, LLC, P.O. Box 604, Atascadero, CA 93423, (Property Owner), to consider a project consisting of a Zone Change from RMF -16 (Residential Multi -family -16) to RMF -16/ PD -7 (Residential Multi - Family -16 with a Planned Development Overlay -7) with corresponding Master Plan of Developments, Tentative Tract Map, and Tentative Parcel Map on a 2.24 -acre site located at 6905 Navajoa (APN 030-283-005); and, WHEREAS, the site's General Plan Designation is HDR (High Density Residential) on Lots 2 and 3, and Planning Commission has recommended the current General Plan Designation on Lot 1 be changed from Recreation (REC) to High Density Residential (HDR); and, WHEREAS, the site's Zoning Designation is Residential Multifamily with 16 units per acre (RMF -16) on Lots 2 and 3, and Planning Commission has recommended that the current zoning on Lot 1 be changed from L (Recreation) to RMF -16 (Residential Multi -family with 16 units per acre); and, WHEREAS, the Planned Development Overlay 7 requires a minimum of 4 units, and by combining the 2 -unit and 9 -unit projects as a Master Planned site per the General Plan requirements, the application on Lot 1 meets this criteria; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0027 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, ITEM NUMBER: 5 DATE: 1.15-nR WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Official Zoning Map to protect the health, safety, and welfare of its citizens by applying orderly development of the City; 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 Zone Change 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 Zoning amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on January 15, 2008 studied and considered Zone Change 2007-0145 and Zone Change 2007-0146, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of Atascadero Changing the existing site zoning to RMF -16/ PD -7. The Planning Commission finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 4. The proposed project offers certain redeeming features to compensate for the requested zone change. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on January 15, 2008, resolved to recommend that the City Council introduce for first reading by title only, an ordinance that would rezone the subject site consistent with the following: 1. Exhibit A: Location Map/Zone Map Amendment Diagram ITEM NUMBER: 5 DATE: 1.1 j;_nR BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 1-15-08 Exhibit A: Location Map/Zone Map Amendment Diagram F r _ = 4P Proposed Project Site (Change from RMF -16 to -16 with PD -7 Overlay) _ I' —j fy I- -- { ITEM NUMBER: 5 DATE: 1-1 s -M ATTACHMENT 10: Draft Resolution PC 2008-0008 Recommendation for Approval of Conditional Use Permit for 9 unit Master Plan of Development DRAFT RESOLUTION PC 2008-0008 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2007-0208 (MASTER PLAN OF DEVELOPEMNT FOR 9 -UNIT PD -7) ON APN 030-283-005, Lots 2 and 3 (Adamski, Moroski, Madden & Green, LLP / MLW Holdings, LLC) WHEREAS, an application has been received from Adamski, Moroski, Madden & Green, LLP, P.O. Box 3835, San Luis Obispo, CA 93403, (Applicant), and MLW Holdings, LLC, P.O. Box 604, Atascadero, CA 93423, (Property Owner) to consider a project consisting of a Zone Change from RMF -16 (Residential Multi -family -16) to RMF -16/ PD -7 (Residential Multi -Family -16 with a Planned Development Overlay -7) with corresponding Master Plan of Development and Tentative Tract Map on a 1.86 -acre site located at 6905 Navajoa Avenue, (APN 030-283-005, Lots 2 and 3); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from RMF -16 (Residential Multi -Family -16) to RMF -16 with PD -7 (Residential Multi -Family -16 with a Planned Development Overlay -7); and, WHEREAS, the Planned Development Overlay -7 requires the adoption of a Master Plan of Development, approved in the form of a Conditional Use Permit; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0027 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change 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 Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on January 15, 2008 studied and considered the Conditional Use Permit ITEM NUMBER: 5 DATE: 1 _15.nR 2007-0208 (Master Plan of Development for 9 -unit PD -7), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. 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 (Zoning Ordinance) including provisions of the PD -7 Overlay Zone; 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. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 6. The Master Plan of Development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area; and 7. Benefits derived from the Master Plan of Development and PD -7 Overlay Zone cannot be reasonably achieved through existing development standards or processing requirements; and, 8. The proposed project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties; and, ITEM NUMBER: 5 DATE: 1-15-08 SECTION 2. Findings for Approval of Tree Removal. The Planning Commission finds as follows: 1. The trees are obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: ■ Early consultation with the City; ■ Consideration of practical design alternatives; ■ Provision of cost comparisons (from applicant) for practical design alternatives; ■ If saving tree eliminates all reasonable uses of the property; or ■ If saving the tree requires the removal of more desirable trees. SECTION 3. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on January 15, 2008 resolved to recommend that the City Council approve Conditional Use Permit 2007-0208 (Master Plan of Development for 9 - unit PD -7) and Tree Removal Permit subject to the following: EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program EXHIBIT B: Master Plan of Development EXHIBIT C: Floor Plan A/B/C EXHIBIT D: Floor Plan A/B/C Elevations w/options EXHIBIT E: Floor Plan D EXHIBIT F: Floor Plan D Elevations EXHIBIT G: Color Boards and Site Plan Color Key EXHIBIT H: Preliminary Landscape Plan EXHIBIT I: Tree Protection Plan EXHIBIT J: Grading, Drainage and Utility Plans EXHIBIT K: Improvement Plans ITEM NUMBER: 5 DATE: 1.1 j;_nR BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 1-15-08 EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program 9 -unit Planned Development -7 /CUP 2007-0157/ZCH 2007-0145/TTM 2007-0101 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Atascadero Avenue Triangle SIP: Subdivision FD: Fire Department Planned Development 7 Imp9-Lot FM: rFI Plans Final Map PD: Police Department CE: City Engineer CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Planning Services 1. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2007-140, ZCH 2007-0145 and ZCH 2007-0146 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Tract Map and Conditional Use Permit shall be FM PS valid for 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 the authority to approve FM PS minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The granting of this entitlement shall apply to the property located at (APN On going PS 030-283-005) regardless of owner. 5. The Final Map shall be drawn in substantial conformance with the approved FM PS 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. 6. The subdivider shall defend, indemnify, and hold harmless the City of FM PS 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. 7. The Tract Map shall be subject to additional fees for park or recreation FM PS purposes (QUIMBY Act) as required by City Ordinance. 8. The emergency services and facility maintenance costs listed below shall BP PS be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, Cit ITEM NUMBER: DATE: 1-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Atascadero Avenue Triangle SIP: Subdivision FD: Fire Department 9 -Lot Planned Development 7 Improvement Final Map tans FM: FI PD: Police D Department CE: CityEn sneer CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 9. All tract maintenance costs listed below shall be 100% funded by the project BP PS in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. ■ All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. ■ All parks, trails, recreational facilities and like facilities. ■ All open space and native tree preservation areas. ■ All drainage facilities and detention basins. ■ All creeks, flood plains, floodways, wetlands, and riparian habitat areas. ■ All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. ■ All frontage landscaping and sidewalks along arterial streets 10. One Home Owners Association shall be established for the 11 units on Lots FM PS 1,2, and 3. Separate Home Owners Association shall not be allowed for the Planned Developments at APN 030-283-005. 11. The developments approved with CUP 2007-0208 and CUP 2007-0219 shall BP/GP PS / PW be developed together as one Master Plan of Development at as required by ITEM NUMBER: DATE: 1-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Atascadero Avenue Triangle SIP: Subdivision FD: Fire Department 9 -Lot Planned Development 7 Improvement Final Map tans FM: FI PD: Police D Department CE: CityEn sneer CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy the General Plan. 12. Prior to final map, the applicant shall submit CC&Rs for review and approval BP PS by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: 1. Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping in perpetuity. 2. Fencing design and locations 3. A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. 4. Residents shall keep all trash receptacles within the unit's designated trash storage area. 5. Garages shall be maintained and used for vehicle parking. 6. No boats, RV's or other type of recreation vehicle may occupy a guest or resident parking space, including within an individual garage. 7. 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. 13. Affordable Housing Requirement: As a General Plan required Master GP/BP PS, CA Planned site (Master Plan of Development Overlay #12), the Affordable Housing requirement shall apply to the 11 units approved for the subject sites with ZCH 2007-0145 and ZCH 2007-0146. The applicant shall deed restrict a minimum of 1 residential unit for 30 years, at the moderate income rate. 14. Workforce Housing: Prior to recordation of final map, the applicant shall enter BP PS, CE into a legal agreement with the City to reserve 1/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of ITEM NUMBER: DATE: 1-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Atascadero Avenue Triangle SIP: Subdivision FD: Fire Department 9 -Lot Planned Development 7 Improvement Final Map tans FM: FI PD: Police D Department CE: CityEn sneer CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved; and The City Attorney shall approve the final form of the agreement. 15. Approval of this permit shall include the removal of 8 Native Black Walnuts, BP PS, BS totaling 310 inches dbh. The applicant shall be required to pay mitigation fees or provide replantings on-site per the requirements of the Atascadero Native Tree Ordinance. Any additional removals shall be subject to Planning Commission approval. 16. The applicant shall work with staff to enhance the side elevation on Lot 8 BP PS facing Navajoa Ave,. The elevation shall include larger windows and added architectural detailing, consistent with the front elevation. Additional landscaping, including trees and tall shrubs shall be added to the side setback on this lot. Fencing may not be located in the side setback next to Navajoa Ave. 17. The columns on the wrap around porch on floor plan D (shown in Exhibits E BP PS and F) shall be a minimum size of 6" by 6" square. Railings shall be added to the wrap around porch. 18. All exterior elevations, finish materials and colors shall be consistent with the BP PS Master Plan of Development as shown in EXHIBIT D and F with the following modifications: ■ All exterior material finishes (siding, trim, doors, windows, light fixtures, garage doors) shall be durable, high quality, and consistent with the architectural appearance. ■ Stucco siding shall be smooth troweled or light sand finish. ■ Roofs shall be architectural grade dimensional shingles. 19. Building colors shall be consistent with Exhibit G with the following GP/BP PS modification: ■ The color "clay urn" identified in color scheme #1 shall be replaced with a more muted color, consistent with the surrounding residences and color schemes 2 through 5. Final selection of colors and materials shall be subject to staff approval. 20. Garage doors shall be high quality, wood or carriage style doors. BP PS ITEM NUMBER: DATE: 1-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Atascadero Avenue Triangle SIP: Subdivision FD: Fire Department 9 -Lot Planned Development 7 Improvement Final Map tans FM: FI PD: Police D Department CE: CityEn sneer CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 21. All site development shall comply with the standards of the Planned BP PS, BS Development 7 Overlay District. 22. All site work, grading, and site improvements shall be consistent with the BP/FM PS, BS, CE Master Plan of Development as shown in EXHIBIT B. 23. All project fencing shall be installed consistent throughout the project, and GP/BP PS located as shown in the approved Landscape Plan, subject to the following modifications: ■ Fencing material and treatment shall comply with the PD -7 standards. ■ Final fence location shall be subject to staff approval. ■ Fencing within the front and corner lot setbacks shall be under 3 feet tall. 24. A final landscape and irrigation plan shall be approved prior to the issuance of BP PS building permits and included as part of site improvement plan consistent with EXHIBIT J, and as follows: ■ All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. ■ All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site. ■ Final tree list shall be submitted with building permits, subject to staff approval. ■ Street and open space trees shall be minimum 15 -gallon size and double staked. ■ Front yard areas shall be landscaped with drought tolerant species, subject to staff approval. 25. The wall/fence around the private park on Lot 1 shall be allowed to be built at BP PS a maximum height of 6 feet at the tallest point. 26. The commemorative tile on the `commemorative wall' around he private park BP PS on Lot 1 shall be subject to staff approval City Engineer Project Conditions 1. The applicant shall install curb, gutter and sidewalk along all property BP CE frontages. All road frontages will be widened be City Standard. ITEM NUMBER: DATE: 1-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Atascadero Avenue Triangle BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department 9 -Lot Planned Development 7 Improvement Final Map tans FM: FI PD: Police D Department CE: City Engineer CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 2. This project is required to retain the difference between the undeveloped GP, BP CE 2 year storm run off and the developed 50 year storm runoff to mitigate the increase runoff into the storm drain system. The project will use individual drainage basin on each lot to handle the increased flow. The basin will be underground "infiltrator" basins. Deep pit basins are not allowed. When the basin becomes full, they will overflow into the new curb and gutter through small drain pipe under the side walk. City Engineer Standard Conditions 3. In the event that the applicant bonds for the public improvements required GP, BP CE as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 4. An engineer's estimate of probable cost shall be submitted for review and GP, BP CE approval by the City Engineer to determine the amount of the bond. 5. The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map. 6. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous GP, BP CE to the property frontage. 7. The applicant shall acquire title interest in any off-site land that may be GP, BP CE 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. 8. Slope easements shall be obtained by the applicant as needed to GP, BP CE accommodate cut or fill slopes. 9. Drainage easements shall be obtained by the applicant as needed to GP, BP CE accommodate both public and private drainage facilities. 10. A preliminary subdivision guarantee shall be submitted for review in FM CE conjunction with the processing of the tract map. 11. The final map shall be signed by the City Engineer prior to the map being FM CE placed on the agenda for City Council acceptance. 12. Prior to recording the tract map, the applicant shall pay all outstanding FM CE plan check/inspection fees. ITEM NUMBER: DATE: 1-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Atascadero Avenue Triangle SIP: Subdivision FD: Fire Department 9 -Lot Planned Development 7 Improvement Final Map tans FM: FI PD: Police D Department CE: CityEn sneer CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 13. Prior to recording the map, the applicant shall bond for or complete all FM CE improvements required by these conditions of approval. 14. Prior to recording the tract map, the applicant shall submit a copy of a FM CE valid tax bond. 15. Prior to recording the tract map, the applicant shall bond for or set FM CE 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. 16. Prior to recording the tract map, the applicant shall submit a map drawn FM CE 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. 17. All existing and proposed utility, pipeline, open space, or other easements FM CE 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. 18. Prior to recording the tract map, the applicant shall have the map FM CE 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. 19. Prior to the issuance of building permits the applicant shall submit plans GP, BP CE and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. 20. Prior to the issuance of building permits the applicant shall submit GP, BP CE calculations to support the design of any 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. 21. Prior to the issuance of building permits the applicant shall provide for the GP, BP CE detention and metering out of developed storm runoff so that it is equal to or less than undeveloped storm runoff. ITEM NUMBER: DATE: 1-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Atascadero Avenue Triangle BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department 9 -Lot Planned Development 7 Improvement Final Map tans FM: FI PD: Police D Department CE: CityEn sneer CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 22. Drainage basins shall be designed to desilt, detain and meter storm flows GP, BP CE as well as release them to natural runoff locations. 23. A mechanism for funding and maintenance of the storm drain facilities GP, BP CE shall be provided. 24. Prior to the issuance of building permits the applicant shall show the GP, BP CE method of dispersal at all pipe outlets. Include specifications for size & type. 25. Prior to the issuance of building permits the applicant shall show method GP, BP CE of conduct to approved off-site drainage facilities. 26. Concentrated drainage from off-site areas shall be conveyed across the GP, BP CE 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 subdivision. 27. Applicant shall submit erosion control plans and a Storm Water Pollution GP, BP CE Prevention Plan (SWPPP). The Regional Water Quality Control Board shall approve the SWPPP. 28. All public improvements shall be constructed in conformance with the City GP, BP CE of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer 29. Off-site streets shall be improved consistent with the tentative tract map. GP, BP CE 30. Project shall include construction of curb, gutter and sidewalk along entire GP, BP CE frontage. 31. Alignment of frontage improvements shall be approved by the City GP, BP CE Engineer. 32. All utilities shall be undergrounded on project frontage GP, BP CE 33. Applicant shall pay sewer extension (Annexation), Connection and BP CE Reimbursement fees (if applicable) upon issuance of building permit. 34. Drainage piping serving fixtures which have flood level rims located below BP CE the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve. ITEM NUMBER: DATE: 1-15-08 Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 9 -Lot Planned Development 7 CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Final Map tans FM: FI TO: Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police D Department CE: CityEn sneer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measures Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP BS/PS 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment • Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). • Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re - vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast -germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. ITEM NUMBER: DATE: 1-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Atascadero Avenue Triangle SIP: Subdivision FD: Fire Department 9 -Lot Planned Development 7 Improvement Final Map tans FM: FI PD: Police D Department CE: CityEn sneer CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. 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 3.b.2: The project shall be conditioned to comply with all BP BS/PS 3.b.2 applicable APCD regulations pertaining to Naturally Occurring Asbestos. Prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if NOA is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the District (see Attachment 1). If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Refer to the APCD web page at httpJ/www.slocleanair.org/business/asbestos. asp for more information or contact Tim Fuhs of the Enforcement Division at 781-5912. Mitigation Measure 3.b.3: Developmental burning of vegetative material is BP BS/PS 3.b.3 prohibited. Under certain circumstances where no technically feasible alternatives are available, limited developmental burning under restrictions may be allowed. This requires prior application, payment of fee based on the size of the project, APCD approval, and issuance of a burn permit by the APCD and the local fire department authority. The applicant is required to furnish the APCD with the study of technical feasibility (which includes costs and other constraints) at the time of application. For any questions regarding these requirements, contact Karen Brooks of the Enforcement Division at 781-5912. Mitigation Measure 3.b.4: Under APCD Rule 504, only APCD approved wood BP BS/PS 3.b.4 burning devices can be installed in new dwelling units. These devices include: • All EPA -Certified Phase II wood burning devices; • Catalytic wood burning devices which emit less than or equal to 4.1 grams per hour of particulate matter which are not EPA -Certified but have been verified by a nationally -recognized testing lab; • Non -catalytic wood burning devices which emit less than or equal to ITEM NUMBER: DATE: 1-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Atascadero Avenue Triangle BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department 9 -Lot Planned Development 7 Improvement Final Map tans FM: FI PD: Police D Department CE: CityEn sneer CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 7.5 grams per hour of particulate matter which are not EPA -Certified but have been verified by a nationally -recognized testing lab; • Pellet -fueled woodheaters; and • Dedicated gas-fired fireplaces. Questions about approved wood burning devices, should be refered to Tim Fuhs in the Enforcement Division at 781-5912. Mitigation Measure 4.e.1: The developer shall contract with a certified arborist BP BS/PS 4.e.1 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 a 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 and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas 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. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of /4 inch granite covered with one -inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one -foot by one -foot pothole every four to six linear feet. ■ 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. (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 trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 4.e.2: BP BS/PS 4.e.2 1. All existing trees outside of the limits of work shall remain. ITEM NUMBER: DATE: 1-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Atascadero Avenue Triangle SIP: Subdivision FD: Fire Department 9 -Lot Planned Development 7 Improvement Final Map tans FM: FI PD: Police D Department CE: CityEn sneer CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 5. All trees within twenty feet of construction work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. 7. Utilities such as water, gas, power, cable, storm drainage, and sewer should be redirected from under the canopy of any trees that are to remain. 8. Where a building is placed within the canopy of a tree the foundation should be redesigned so that it bridges across any root systems. 9. Any foundation or other structure that encroaches within the drip line of trees to be saved shall be dug by hand. 10. At no time shall tree roots be ripped with construction equipment. Mitigation 5.d.1: Should any human remains be discovered on the property, all Ongoing PS 5.d.1 work on the project should stop and the County Coroner contacted. If the human remains are identified as being Native American, the California Native American Heritage Commission (NAHC) should be contacted at (916) 653- 4082. Mitigation Measure 6.b.1: All cut and fill slopes shall be hydro seeded with an BP BS/PS 6.15.1 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 hydroseed mix shall be native species. 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. Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that all BP BS/PS 8.e.f.1 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 comply with the City BP BS/PS 11.d.1 of Atascadero Noise Ordinance for hours of operation. EXHIBIT B: Master Plan of Development/Site Plan ITEM NUMBER: 5 DATE: 1 _1 8; -AR L b . • N n+ 1 .00 9° :F • i',+ti► I II I I ' �• t1 I Wr I T; R I I' ,Il�u: ITEM NUMBER: 5 DATE: 1 _1 8; -AR L b 9° :F I II I I ' �• I Wr I T; R I I' ,Il�u: ITEM NUMBER: 5 DATE: 1-15-08 EXHIBIT C: Floor Plan A/B/C I II M. BERM LIVING M.BATH --- ' Vvic c 4l—. P - GARAGE _. DINING �+ KIT HEN ENTRY PORCH n ❑ ❑ n ITEM NUMBER: 5 DATE: 1-15-08 KHIBIT D: Floor Plan A/B/C Elevations and Options EXHIBIT D: Floor Plan A/B/C Elevations and Options I I I I I ITEM NUMBER: 5 DATE: 1-15-08 n=l EXHIBIT E: Floor Plan D 1 ITEM NUMBER: 5 DATE: 1-15-08 f.1 ',1 JVIF ITEM NUMBER: 5 DATE: 1-15-08 u N! n ITEM NUMBER: 5 DATE: 1-15-08 EXHIBIT F: Floor Plan D Elevations EXHIBIT F: Floor Plan D Elevations I � I I I �•� I I •• 1 ITEM NUMBER: 5 DATE: 1-15-08 ITEM NUMBER: 5 DATE: -1_•1 s;_nq EXHIBIT G: Color Boards and Site Plan Color Key -�ac �I U T ,LU d Y SSd v� a Q ME �I U ME EXHIBIT G: Color Boards and Site Plan Color Key PIERRE RADEMAKER ITEM NUMBER DATE: 1-15-08 738 HIGUERA STREET. SUITE F SAN LUIS OBISPO, CALIFORNIA 93461 1ELEPHi NSE 805/544-7774 RECEIVED OCT 18 2007 Gearhart Stock Residences COMMUNITY DEVELOPMENT Atascadero, CA August 31, 2007 A. Frazee #7804 "Clay Urn" Flat Exterior Finish Main Body B. Frazee #8685 "Woodlet" Lo -Sheen Exterior Finish Kc --cent nm an -Doors C. Frazee #8212 "Millet" Lo -Sheen Exterior Finish Doors and Window Trim, Eaves, Facias, Posts, etc. ITEM NUMBER DATE: 1-15-08 EXHIBIT G: Color Boards and Site Plan Color Key Color Scheme #2 August 31, 2007 A. Frazee #8215 "Tattersall Brown" Flat Exterior Finish Main Body B. Frazee #8276 "Mesquite Canyon" Lo -Sheen Exterior Finish Accent Tnm and-DSoors C. Frazee #8212 "Millet" Lo -Sheen Exterior Finish Doors and Window Trim, Eaves, Facias, Posts, etc. Color Scheme #3 August 31, 2007 A. Frazee #8174 "Fenland" Flat Exterior Finish Main Body B. Frazee #8595 "Elm Court" Lo -Sheen Exterior Finish Ncent Trim and Doors_ C. Frazee #8212 "Millet" Lo -Sheen Exterior Finish Doors and Window Trim, Eaves, Facias, Posts, eik. ITEM NUMBER DATE: 1-15-08 EXHIBIT G: Color Boards and Site Plan Color Key Color Scheme #4 October 4. 2007 Color Scheme #5 o ctober 4, 2007 A. Frazee #8693 "Stucco Greige" Flat Exterior Finish Main Body B. Frazee #8665 "Gristmill - Lo -Sheen Exterior Finish Acceni Trim and Doors C. Frazee #8212 "Millet" Lo -Sheen Exterior_ Finish_ Doors and Window Trim. Eaves, Facias. Posts, etc. A. Frazee #8644 "Seal Beach" Flat Exterior Finish Main Body B. Frazee #8755 "Spicenut" Lo -Sheen Exterior Finish ccent rim ani C. Frazee #8212 "Millet" Lo -Sheen Exterior Finish Doors and Window Trim, Eaves, Facias, Posts, etc. ITEM NUMBER DATE: 1-15-08 EXHIBIT H: Preliminary Landscape Plan ITEM NUMBER: 5 DATE: 1-15-08 EXHIBIT I: Tree Protection Plan ITEM NUMBER DATE: 1-15-08 EXHIBIT J: Grading, Drainage and Utility Plans - - -- - -- - -- - I V ---------------------- EXHIBIT J: Grading, Drainage and Utility Plans ------•---i--•--- v ITEM NUMBER: 5 DATE: 1 -1 8; -AR ITEM NUMBER: 5 DATE: 1 _1 8; -AR EXHIBIT K: Improvement Plans ----------------------- - 3(IN34r-33LpHy Vie•- -i: E -_ a -}-'•.-_�-'`'`�„o,-_- / �'^I_��i.�_�� .; � .n • ., Ili j F ,+ �sr j u +• '�' , ` e a is IN \r p o LLJ cn WY Y\\. H� i � :, .: � • 1 <� r 11 ,r• , i \\ '`;, ITEM NUMBER DATE: 1-15-08 ATTACHMENT 8: Draft Resolution PC 2008-0009 Approval of Proposed 9 lot Tentative Tract Map DRAFT RESOLUTION PC 2008-0009 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE TRACT MAP 2007- 001019 A NINE -LOT SUBDIVISION CONSISTENT WITH A MASTER PLAN OF DEVELOPMENT ON APN 030-283-005, Lots 2 and 3 (Adamski, Moroski, Madden & Green, LLP / MLW Holdings, LLC) WHEREAS, an application has been received from Adamski, Moroski, Madden & Green, LLP (P.O. Box 3835, San Luis Obispo, CA 93403) Applicant, and MLW Holdings, LLC (P.O. Box 604, Atascadero, CA 93423) Property Owner to consider a project consisting of a Zone Change from RMF -16 (Residential Multi -family -16) to RMF -16/ PD7 (Residential Multi - Family -16 with a Planned Development Overlay 7) with corresponding Master Plan of Development and Tentative Tract Map on a 1.86 -acre site located at 6905 Navajoa Avenue, (APN 030-283-005, Lots 2 and 3); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from RMF -16 (Residential Multi -Family -16) to RMF -16 with PD -7 (Residential Multi -Family -16 with a Planned Development Overlay 7); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0027 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Tract Map 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 Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on January 15, 2008 studied and considered Tentative Tract Map 2007- 0101, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and ITEM NUMBER DATE: 1-15-08 NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Approval for Tentative Tract Map, the Planning Commission of the City of Atascadero finds as follows: The proposed subdivision, design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements, including provisions of the PD -7 overlay district. 2. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District -7 Master Plan of Development (CUP 2007-0208). 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 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. 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. Covenants, Conditions and Restrictions (CC&R's) or equivalent shall be required that incorporate the Master Plan of Development conditions of approval to ensure that the site retains the proposed qualities (architecture, colors, materials, plan amenities, fencing, and landscaping) over time. 8. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on January 15, 2008, resolved to recommend that the City Council approve Tentative Tract Map (TTM 2007-0101) subject to the following: 1. Exhibit A: Tentative Tract Map 2007-0101 2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. ITEM NUMBER: 5 DATE: J; -AR On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER DATE: 1-15-08 Exhibit A: Tentative Tract Map (9 Unit PD -7) "��1�1 � _ 1 � � . � �L y` _ ',�./, _ 3f1Ny�Y 53ilONV NYSE• ' -_�------------ — � � 51 `>�_ _�•. ; — __- - =-syr'-= _ l g ; i , rs e 6 XV� `` �:`!;' `\+ \•.\ i as mr—;-r�'• ' I 4 � jai I - - N LL CL i— ``\ \"�``� l , f'•'• I f � SII 1t IIIii111111 I� �I11�� ~ �\; I ��` •j =, ITEM NUMBER: DATE: 1-15-08 Exhibit B: Conditions of Approval / Mitigation Monitoring Program Tentative Tract Map 2007-0101 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Atascadero Avenue Triangle BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department 9 -Lot Planned Development 7 Improvement Plans FM: Final Map PD: Police Department CE: City Engineer CUP 2007-0208/ZCH 2007-01451TTM 2007-0101 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWQ Water Comp. F0: Final Occupancy Planning Services 1. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2007-140, ZCH 2007-0145 and ZCH 2007- 0146 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Tract Map and Conditional Use Permit shall be FM PS valid for 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 the authority to FM PS approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The granting of this entitlement shall apply to the property located at On going PS (APN 030-283-005) regardless of owner. 5. The Final Map shall be drawn in substantial conformance with the FM PS 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. 6. The subdivider shall defend, indemnify, and hold harmless the City of FM PS 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. 7. The Tract Map shall be subject to additional fees for park or recreation FM PS purposes (QUIMBY Act) as required by City Ordinance. 8. The emergency services and facility maintenance costs listed below BP PS shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the ITEM NUMBER: DATE: 1-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Atascadero Avenue Triangle SIP: Subdivision FD: Fire Department 9 -Lot Planned Development 7 Improvement FM: al Map Plans PD: Police EngineDeparler ent CE: City Engineer CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 9. All tract maintenance costs listed below shall be 100% funded by the BP PS project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. ■ All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. ■ All parks, trails, recreational facilities and like facilities. ■ All open space and native tree preservation areas. ■ All drainage facilities and detention basins. ■ All creeks, flood plains, floodways, wetlands, and riparian habitat areas. ■ All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. ■ All frontage landscaping and sidewalks along arterial streets 10. One Home Owners Association shall be established for the 11 units on FM PS Lots 1,2, and 3. Separate Home Owners Association shall not be allowed for the Planned Developments at APN 030-283-005. ITEM NUMBER: DATE: 1-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Atascadero Avenue Triangle BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department 9 -Lot Planned Development 7 Improvement FM: al Map Plans PD: Police EngineDeparler ent CE: City Engineer CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 11. The developments approved with CUP 2007-0208 and CUP 2007-0219 BP/GP PS / PW shall be developed together as one Master Plan of Development at as required by the General Plan. 12. Prior to final map, the applicant shall submit CC&Rs for review and BP PS approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: ■ Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping in perpetuity. ■ Fencing design and locations ■ A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. ■ Residents shall keep all trash receptacles within the unit's designated trash storage area. ■ Garages shall be maintained and used for vehicle parking. ■ No boats, RV's or other type of recreation vehicle may occupy a guest or resident parking space, including within an individual garage. ■ 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. 13. Affordable Housing Requirement: As a General Plan required Master GP/BP PS, CA Planned site (Master Plan of Development Overlay #12), the Affordable Housing requirement shall apply to the 11 units approved for the subject sites with ZCH 2007-0145 and ZCH 2007-0146. The applicant shall deed restrict a minimum of 1 residential unit for 30 years, at the moderate income rate. 14. Workforce Housing: Prior to recordation of final map, the applicant shall BP PS, CE enter into a legal agreement with the City to reserve 1/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least ITEM NUMBER: DATE: 1-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Atascadero Avenue Triangle SIP: Subdivision FD: Fire Department 9 -Lot Planned Development 7 Improvement FM: al Map Plans PD: Police EngineDeparler ent CE: City Engineer CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy one of the qualified buyers is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved; and The City Attorney shall approve the final form of the agreement. 15. Approval of this permit shall include the removal of 8 Native Black BP PS, BS Walnuts, totaling 310 inches dbh. The applicant shall be required to pay mitigation fees or provide replantings on-site per the requirements of the Atascadero Native Tree Ordinance. Any additional removals shall be subject to Planning Commission approval. 16. The applicant shall work with staff to enhance the side elevation on Lot BP PS 8 facing Navajos Ave,. The elevation shall include larger windows and added architectural detailing, consistent with the front elevation. Additional landscaping, including trees and tall shrubs shall be added to the side setback on this lot. Fencing may not be located in the side setback next to Navajoa Ave. 17. The columns on the wrap around porch on floor plan D (shown in BP PS Exhibits E and F) shall be a minimum size of 6" by 6" square. Railings shall be added to the wrap around porch. 18. All exterior elevations, finish materials and colors shall be consistent BP PS with the Master Plan of Development as shown in EXHIBIT D and F with the following modifications: ■ All exterior material finishes (siding, trim, doors, windows, light fixtures, garage doors) shall be durable, high quality, and consistent with the architectural appearance. ■ Stucco siding shall be smooth troweled or light sand finish. ■ Roofs shall be architectural grade dimensional shingles. 19. Building colors shall be consistent with Exhibit G with the following GP/BP PS modification: ■ The color "clay urn" identified in color scheme #1 shall be replaced with a more muted color, consistent with the surrounding residences and color schemes 2 through 5. Final selection of colors and materials shall be subject to staff approval. ITEM NUMBER: DATE: 1-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Atascadero Avenue Triangle SIP: Subdivision FD: Fire Department 9 -Lot Planned Development 7 Improvement FM: al Map Plans PD: Police EngineDeparler ent CE: City Engineer CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 20. Garage doors shall be high quality, wood or carriage style doors. BP PS 21. All site development shall comply with the standards of the Planned BP PS, BS Development 7 Overlay District. 22. All site work, grading, and site improvements shall be consistent with the BP/FM PS, BS, CE Master Plan of Development as shown in EXHIBIT B. 23. All project fencing shall be installed consistent throughout the project, GP/BP PS and located as shown in the approved Landscape Plan, subject to the following modifications: ■ Fencing material and treatment shall comply with the PD -7 standards. ■ Final fence location shall be subject to staff approval. ■ Fencing within the front and corner lot setbacks shall be under 3 feet tall. 24. A final landscape and irrigation plan shall be approved prior to the BP PS issuance of building permits and included as part of site improvement plan consistent with EXHIBIT J, and as follows: ■ All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. ■ All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site. ■ Final tree list shall be submitted with building permits, subject to staff approval. ■ Street and open space trees shall be minimum 15 -gallon size and double staked. ■ Front yard areas shall be landscaped with drought tolerant species, subject to staff approval. 25. The wall/fence around the private park on Lot 1 shall be allowed to be BP PS built at a maximum height of 6 feet at the tallest point. 26. The commemorative tile on the `commemorative wall' around he private BP PS park on Lot 1 shall be subject to staff approval City Engineer Project Conditions ITEM NUMBER: DATE: 1-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Atascadero Avenue Triangle BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department 9 -Lot Planned Development 7 Improvement FM: al Map Plans PD: Police EngineDeparler ent CE: City Engineer CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 1. The applicant shall install curb, gutter and sidewalk along all property GP, BP CE frontages. All road frontages will be widened be City Standard. 2. This project is required to retain the difference between the undeveloped 2 year storm run off and the developed 50 year storm runoff to mitigate the increase runoff into the storm drain system. The project will use individual drainage basin on each lot to handle the increased flow. The basin will be underground "infiltrator" basins. Deep pit basins are not allowed. When the basin becomes full, they will overflow into the new curb and gutter through small drain pipe under the side walk. 3. In the event that the applicant bonds for the public improvements required GP, BP CE as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 4. An engineer's estimate of probable cost shall be submitted for review and GP, BP CE approval by the City Engineer to determine the amount of the bond. 5. The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map. 6. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous GP, BP CE to the property frontage. 7. The applicant shall acquire title interest in any off-site land that may be GP, BP CE 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. 8. Slope easements shall be obtained by the applicant as needed to GP, BP CE accommodate cut or fill slopes. 9. Drainage easements shall be obtained by the applicant as needed to GP, BP CE accommodate both public and private drainage facilities. 10. A preliminary subdivision guarantee shall be submitted for review in FM CE conjunction with the processing of the tract map. 11. The final map shall be signed by the City Engineer prior to the map being FM CE placed on the agenda for City Council acceptance. 12. Prior to recording the tract map, the applicant shall pay all outstanding FM CE plan check/inspection fees. ITEM NUMBER: DATE: 1-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Atascadero Avenue Triangle BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department 9 -Lot Planned Development 7 Improvement FM: al Map Plans PD: Police EngineDeparler ent CE: City Engineer CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 13. Prior to recording the map, the applicant shall bond for or complete all FM CE improvements required by these conditions of approval. 14. Prior to recording the tract map, the applicant shall submit a copy of a FM CE valid tax bond. 15. Prior to recording the tract map, the applicant shall bond for or set FM CE 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. 16. Prior to recording the tract map, the applicant shall submit a map drawn FM CE 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. 17. All existing and proposed utility, pipeline, open space, or other easements FM CE 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. 18. Prior to recording the tract map, the applicant shall have the map FM CE 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. 19. Prior to the issuance of building permits the applicant shall submit plans GP, BP CE and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. 20. Prior to the issuance of building permits the applicant shall submit GP, BP CE calculations to support the design of any 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. 21. Prior to the issuance of building permits the applicant shall provide for the GP, BP CE detention and metering out of developed storm runoff so that it is equal to or less than undeveloped storm runoff. ITEM NUMBER: DATE: 1-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Atascadero Avenue Triangle BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department 9 -Lot Planned Development 7 Improvement FM: al Map Plans PD: Police EngineDeparler ent CE: City Engineer CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 22. Drainage basins shall be designed to desilt, detain and meter storm flows GP, BP CE as well as release them to natural runoff locations. 23. A mechanism for funding and maintenance of the storm drain facilities GP, BP CE shall be provided. 24. Prior to the issuance of building permits the applicant shall show the GP, BP CE method of dispersal at all pipe outlets. Include specifications for size & type. 25. Prior to the issuance of building permits the applicant shall show method GP, BP CE of conduct to approved off-site drainage facilities. 26. Concentrated drainage from off-site areas shall be conveyed across the GP, BP CE 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 subdivision. 27. Applicant shall submit erosion control plans and a Storm Water Pollution GP, BP CE Prevention Plan (SWPPP). The Regional Water Quality Control Board shall approve the SWPPP. 28. All public improvements shall be constructed in conformance with the City GP, BP CE of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer 29. Off-site streets shall be improved consistent with the tentative tract map. GP, BP CE 30. Project shall include construction of curb, gutter and sidewalk along entire GP, BP CE frontage. 31. Alignment of frontage improvements shall be approved by the City GP, BP CE Engineer. 32. All utilities shall be undergrounded on project frontage GP, BP CE 33. Applicant shall pay sewer extension (Annexation), Connection and BP CE Reimbursement fees (if applicable) upon issuance of building permit. 34. Drainage piping serving fixtures which have flood level rims located below BP CE the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve. ITEM NUMBER: DATE: 1-15-08 Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 9 -Lot Planned Development 7 CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement FM: al Map Plans TO: Temporary occupancy FI: Final inspection F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police EngineDeparler ent CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measures Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP BS/PS 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM - 10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment • Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). • Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: M. Reduce the amount of the disturbed area where possible. N. 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. O. All dirt stockpile areas should be sprayed daily as needed. P. 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. Q. 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. R. 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. S. All roadways, driveways, sidewalks, etc, to be paved should be ITEM NUMBER: DATE: 1-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Atascadero Avenue Triangle SIP: Subdivision FD: Fire Department 9 -Lot Planned Development 7 Improvement FM: al Map Plans PD: Police EngineDeparler ent CE: City Engineer CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 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. T. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. U. 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. V. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. W. 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. X. 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 3.b.2: The project shall be conditioned to comply with all BP BS/PS 3.b.2 applicable APCD regulations pertaining to Naturally Occurring Asbestos. Prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if NOA is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the District (see Attachment 1). If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Refer to the APCD web page at http://www.slocleanair.org/business/asbestos. asp for more information or contact Tim Fuhs of the Enforcement Division at 781-5912. Mitigation Measure 3.b.3: Developmental burning of vegetative material is BP BS/PS 3.b.3 prohibited. Under certain circumstances where no technically feasible alternatives are available, limited developmental burning under restrictions may be allowed. This requires prior application, payment of fee based on the size of the project, APCD approval, and issuance of a burn permit by the APCD and the local fire department authority. The applicant is required to furnish the APCD with the study of technical feasibility (which includes costs and other constraints) at the time of application. For any questions regarding these requirements, contact Karen Brooks of the Enforcement Division at 781-5912. ITEM NUMBER: DATE: 1-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Atascadero Avenue Triangle SIP: Subdivision FD: Fire Department 9 -Lot Planned Development 7 Improvement FM: al Map Plans PD: Police EngineDeparler ent CE: City Engineer CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Mitigation Measure 3.b.4: Under APCD Rule 504, only APCD approved BP BS/PS 3.b.4 wood burning devices can be installed in new dwelling units. These devices include: • All EPA -Certified Phase II wood burning devices; • Catalytic wood burning devices which emit less than or equal to 4.1 grams per hour of particulate matter which are not EPA -Certified but have been verified by a nationally -recognized testing lab; • Non -catalytic wood burning devices which emit less than or equal to 7.5 grams per hour of particulate matter which are not EPA - Certified but have been verified by a nationally -recognized testing lab; • Pellet -fueled woodheaters; and • Dedicated gas-fired fireplaces. Questions about approved wood burning devices, should be refered to Tim Fuhs in the Enforcement Division at 781-5912. ITEM NUMBER: DATE: 1-15-08 Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 9 -Lot Planned Development 7 CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement FM: al Map Plans TO: Temporary occupancy FI: Final inspection F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police EngineDeparler ent CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 4.e.1: The developer shall contract with a certified BP BS/PS 4.e.1 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 a 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 and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas 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. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of % inch granite covered with one -inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one -foot by one -foot pothole every four to six linear feet. ■ 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. (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 trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. ITEM NUMBER: DATE: 1-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Atascadero Avenue Triangle SIP: Subdivision FD: Fire Department 9 -Lot Planned Development 7 Improvement FM: al Map Plans PD: Police EngineDeparler ent CE: City Engineer CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Mitigation Measure 4.e.2: BP BS/PS 4.e.2 11. All existing trees outside of the limits of work shall remain. 12. Earthwork shall not exceed the limits of the project area. 13. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 14. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 15. All trees within twenty feet of construction work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 16. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. 17. Utilities such as water, gas, power, cable, storm drainage, and sewer should be redirected from under the canopy of any trees that are to remain. 18. Where a building is placed within the canopy of a tree the foundation should be redesigned so that it bridges across any root systems. 19. Any foundation or other structure that encroaches within the drip line of trees to be saved shall be dug by hand. 20. At no time shall tree roots be ripped with construction equipment. Mitigation 5.d.1: Should any human remains be discovered on the property, Ongoing PS 5.d.1 all work on the project should stop and the County Coroner contacted. If the human remains are identified as being Native American, the California Native American Heritage Commission (NAHC) should be contacted at (916) 653-4082. Mitigation Measure 6.b.1: All cut and fill slopes shall be hydro seeded with BP BS/PS 6.b.1 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 hydroseed mix shall be native species. 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. Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that BP BS/PS 8.0.1 all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.d.1: All construction activities shall comply with the BP BS/PS 11.d.1 City of Atascadero Noise Ordinance for hours of operation. ATTACHMENT 12: Draft Resolution PC 2008-0010 Recommendation for Approval of Conditional Use Permit for 2 unit Master Plan of Development with private park DRAFT RESOLUTION PC 2008-0010 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2007-0219 (MASTER PLAN OF DEVELOPEMNT FOR 2 -UNIT PD -7) ON APN 030-283-005, Lot 1 (Adamski, Moroski, Madden & Green, LLP / Atascadero Homeowners, LLC) WHEREAS, an application has been received from Adamski, Moroski, Madden & Green, LLP (P.O. Box 3835, San Luis Obispo, CA 93403) Applicant, and Atascadero Homeowners, LLC (6205 Alcantara Avenue, Atascadero, CA 93422) Property Owner to consider a project consisting of a Zone Change from RMF -16 (Residential Multi -family -16) to RMF -16/ PD -7 (Residential Multi -Family -16 with a Planned Development Overlay 7) with corresponding Master Plan of Development and Tentative Tract Map on a 0.38 -acre site located at 6905 Navajoa Avenue ,(APN 030-283-005, Lot 1); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from L (Recreation) to RMF -16 with PD -7 (Residential Multi -Family -16 with a Planned Development Overlay 7); and, WHEREAS, the Planned Development Overlay 7 requires the adoption of a Master Plan of Development, approved in the form of a Conditional Use Permit; and, WHEREAS, the Planned Development Overlay 7 requires a minimum of 4 units, and by combining the 2 -unit and 9 -unit projects as a Master Planned site per the General Plan requirements, the application on Lot 1 meets this criteria; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0027 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change 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 Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on January 15, 2008 studied and considered the Conditional Use Permit 2007-0208 (Master Plan of Development for 2 -unit PD -7), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. 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 (Zoning Ordinance) including provisions of the PD -7 Overlay Zone; 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. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 6. The Master Plan of Development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area; and 7. Benefits derived from the Master Plan of Development and PD -7 overlay zone cannot be reasonably achieved through existing development standards or processing requirements; and, 8. The proposed project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties; and, SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on January 15, 2008 resolved to recommend that the City Council approve Conditional Use Permit 2007-0219 (Master Plan of Development for 2 - unit PD -7) subject to the following: EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program EXHIBIT B: Master Plan of Development EXHIBIT C: Floor Plan A/B/C EXHIBIT D: Floor Plan A/B/C Elevations w/options EXHIBIT E: Floor Plan D EXHIBIT F: Floor Plan D Elevations EXHIBIT G: Color Boards and Site Plan Color Key EXHIBIT H: Preliminary Landscape Plan EXHIBIT I: Tree Protection Plan EXHIBIT J: Grading, Drainage and Utility Plans EXHIBIT K: Improvement Plans EXHIBIT L: Private Park Site Plan, Sketch, and Fencing Design BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program CUP 2007-0219 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Atascadero Avenue Triangle BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department 2 -Lot Planned Development 7 Improvement Plans FM: Final Map PD: Po yce Engineer rtment CE: City CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Planning Services 1. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2007-140, ZCH 2007-0145 and ZCH 2007-0146 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Parcel Map and Conditional Use Permit shall be FM PS valid for 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 the authority to FM PS approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Parcel Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The granting of this entitlement shall apply to the property located at (APN On going PS 030-283-005) regardless of owner. 5. The Final Map shall be drawn in substantial conformance with the FM PS 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. 6. The subdivider shall defend, indemnify, and hold harmless the City of FM PS 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. 7. The Parcel Map shall be subject to additional fees for park or recreation FM PS purposes (QUIMBY Act) as required by City Ordinance. 8. The emergency services and facility maintenance costs listed below BP PS shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Atascadero Avenue Triangle SIP: Subdivision FD: Fire Department 2 -Lot Planned Development 7 Improvement Final Map tans FM: FI PD: Police D Department CE: City Engineer CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 9. All tract maintenance costs listed below shall be 100% funded by the BP PS project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. ■ All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. ■ All parks, trails, recreational facilities and like facilities. ■ All open space and native tree preservation areas. ■ All drainage facilities and detention basins. • All creeks, flood plains, floodways, wetlands, and riparian habitat areas. ■ All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. ■ All frontage landscaping and sidewalks along arterial streets 10. One Home Owners Association shall be established for the 11 units on FM PS Lots 1,2, and 3. Separate Home Owners Association shall not be allowed for the Planned Developments at APN 030-283-005. 11. The developments approved with CUP 2007-0208 and CUP 2007-0219 / GP PS / PW shall be developed together as one Master Plan of Development at as required by the General Plan. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Atascadero Avenue Triangle SIP: Subdivision FD: Fire Department 2 -Lot Planned Development 7 Improvement Final Map tans FM: FI PD: Police D Department CE: City Engineer CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 12. Prior to final map, the applicant shall submit CC&Rs for review and BP PS approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: ■ Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping in perpetuity. ■ Fencing design and locations ■ A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. ■ Residents shall keep all trash receptacles within the unit's designated trash storage area. ■ Garages shall be maintained and used for vehicle parking. ■ No boats, RV's or other type of recreation vehicle may occupy a guest or resident parking space, including within an individual garage. ■ 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. 13. Affordable Housing Requirement: As a General Plan required Master P/BP PS, CA Planned site (Master Plan of Development Overlay #12), the Affordable Housing requirement shall apply to the 11 units approved for the subject sites with ZCH 2007-0145 and ZCH 2007-0146. The applicant shall deed restrict a minimum of 1 residential unit for 30 years, at the moderate income rate. 14. Workforce Housing: Prior to recordation of final map, the applicant shall BP PS, CE enter into a legal agreement with the City to reserve 1/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Atascadero Avenue Triangle SIP: Subdivision FD: Fire Department 2 -Lot Planned Development 7 Improvement Final Map tans FM: FI PD: Police D Department CE: City Engineer CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy sale only; ■ The applicant shall identify which units will be reserved; and The City Attorney shall approve the final form of the agreement. 15. Approval of this permit shall include the removal of 8 Native Black Walnuts, BP PS, BS totaling 310 inches dbh. The applicant shall be required to pay mitigation fees or provide replantings on-site per the requirements of the Atascadero Native Tree Ordinance. Any additional removals shall be subject to Planning Commission approval. 16. The applicant shall work with staff to enhance the side elevation on Lot 8 BP PS facing Navajoa Ave,. The elevation shall include larger windows and added architectural detailing, consistent with the front elevation. Additional landscaping, including trees and tall shrubs shall be added to the side setback on this lot. Fencing may not be located in the side setback next to Navajoa Ave. 17. The columns on the wrap around porch on floor plan D (shown in Exhibits E BP PS and F) shall be a minimum size of 6" by 6" square. Railings shall be added to the wrap around porch. 18. All exterior elevations, finish materials and colors shall be consistent with the BP PS Master Plan of Development as shown in EXHIBIT D and F with the following modifications: ■ All exterior material finishes (siding, trim, doors, windows, light fixtures, garage doors) shall be durable, high quality, and consistent with the architectural appearance. ■ Stucco siding shall be smooth troweled or light sand finish. ■ Roofs shall be architectural grade dimensional shingles. 19. Building colors shall be consistent with Exhibit G with the following P/BP PS modification: ■ The color "clay urn" identified in color scheme #1 shall be replaced with a more muted color, consistent with the surrounding residences and color schemes 2 through 5. Final selection of colors and materials shall be subject to staff approval. 20. Garage doors shall be high quality, wood or carriage style doors. BP PS 21. All site development shall comply with the standards of the Planned BP PS, BS Development 7 Overlay District. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Atascadero Avenue Triangle SIP: Subdivision FD: Fire Department 2 -Lot Planned Development 7 Improvement Final Map tans FM: FI PD: Police D Department CE: City Engineer CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 22. All site work, grading, and site improvements shall be consistent with the /FM PS, BS, CE Master Plan of Development as shown in EXHIBIT B. 23. All project fencing shall be installed consistent throughout the project, and GP/BP PS located as shown in the approved Landscape Plan, subject to the following modifications: ■ Fencing material and treatment shall comply with the PD -7 standards. ■ Final fence location shall be subject to staff approval. ■ Fencing within the front and corner lot setbacks shall be under 3 feet tall. 24. A final landscape and irrigation plan shall be approved prior to the issuance BP PS of building permits and included as part of site improvement plan consistent with EXHIBIT J, and as follows: ■ All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. ■ All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site. ■ Final tree list shall be submitted with building permits, subject to staff approval. ■ Street and open space trees shall be minimum 15 -gallon size and double staked. • Front yard areas shall be landscaped with drought tolerant species, subject to staff approval. 25. The wall/fence around the private park on Lot 1 shall be allowed to be built BP PS at a maximum height of 6 feet at the tallest point. 26. The commemorative tile on the 'commemorative wall" around he private BP PS park on Lot 1 shall be subject to staff approval City Engineer Project Conditions 1. The applicant shall install curb, gutter and sidewalk along all property GP, BP CE frontages. All road frontages will be widened be City Standard. 2. This project is required to retain the difference between the GP, BP CE undeveloped 2 year storm run off and the developed 50 year storm runoff to mitigate the increase runoff into the storm drain system. The project will use individual drainage basin on each lot to handle the increased flow. The basin will be underground "infiltrator" basins. Deep pit basins are not allowed. When the basin becomes full, they will overflow into the new curb and gutter through small drain pipe Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Atascadero Avenue Triangle SIP: Subdivision FD: Fire Department 2 -Lot Planned Development 7 Improvement Final Map tans FM: FI PD: Police D Department CE: City Engineer CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy under the side walk. City Engineer Standard Conditions 3. In the event that the applicant bonds for the public improvements GP, BP CE required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 4. An engineer's estimate of probable cost shall be submitted for review GP, BP CE and approval by the City Engineer to determine the amount of the bond. 5. The Subdivision Improvement Agreement shall record concurrently FM CE with the Final Map. 6. A six (6) foot Public Utility Easement (PUE) shall be provided GP, BP CE contiguous to the property frontage. 7. The applicant shall acquire title interest in any off-site land that may GP, BP CE be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 8. Slope easements shall be obtained by the applicant as needed to GP, BP CE accommodate cut or fill slopes. 9. Drainage easements shall be obtained by the applicant as needed to GP, BP CE accommodate both public and private drainage facilities. 10. A preliminary subdivision guarantee shall be submitted for review in FM CE conjunction with the processing of the parcel map. 11. The final map shall be signed by the City Engineer prior to the map FM CE being placed on the agenda for City Council acceptance. 12. Prior to recording the parcel map, the applicant shall pay all FM CE outstanding plan check/inspection fees. 13. Prior to recording the map, the applicant shall bond for or complete FM CE all improvements required by these conditions of approval. 14. Prior to recording the parcel map, the applicant shall submit a copy FM CE of a valid tax bond. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Atascadero Avenue Triangle BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department 2 -Lot Planned Development 7 Improvement Final Map tans FM: FI PD: Police D Department CE: City Engineer CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 15. Prior to recording the parcel map, the applicant shall bond for or set FM CE 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. 16. Prior to recording the parcel map, the applicant shall submit a map FM CE 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. 17. All existing and proposed utility, pipeline, open space, or other FM CE easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 18. Prior to recording the parcel map, the applicant shall have the map FM CE 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 parcel map. 19. Prior to the issuance of building permits the applicant shall submit GP, BP CE plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. 20. Prior to the issuance of building permits the applicant shall submit GP, BP CE calculations to support the design of any 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. 21. Prior to the issuance of building permits the applicant shall provide GP, BP CE for the detention and metering out of developed storm runoff so that it is equal to or less than undeveloped storm runoff. 22. Drainage basins shall be designed to desilt, detain and meter storm GP, BP CE flows as well as release them to natural runoff locations. 23. A mechanism for funding and maintenance of the storm drain GP, BP CE facilities shall be provided. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Atascadero Avenue Triangle BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department 2 -Lot Planned Development 7 Improvement Final Map tans FM: FI PD: Police D Department CE: City Engineer CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 24. Prior to the issuance of building permits the applicant shall show the GP, BP CE method of dispersal at all pipe outlets. Include specifications for size & type. 25. Prior to the issuance of building permits the applicant shall show GP, BP CE method of conduct to approved off-site drainage facilities. 26. All public improvements shall be constructed in conformance with GP, BP CE the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer 27. Off-site streets shall be improved consistent with the tentative parcel GP, BP CE map. 28. Project shall include construction of curb, gutter and sidewalk along GP, BP CE entire frontage. 29. Alignment of frontage improvements shall be approved by the City GP, BP CE Engineer. 30. All utilities shall be undergrounded on project frontage GP, BP CE 31. Applicant shall pay sewer extension (Annexation), Connection and BP CE Reimbursement fees (if applicable) upon issuance of building permit. 32. Drainage piping serving fixtures which have flood level rims located BP CE below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve. Mitigation Measures Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP Bs/Ps 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. 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. Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 2 -Lot Planned Development 7 CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Final Map tans FM: FI TO: Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police D Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 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: Y. Reduce the amount of the disturbed area where possible. Z. 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. AA. All dirt stockpile areas should be sprayed daily as needed. BB. 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. CC. 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. DD. 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. EE. 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. FF. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. GG. 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. HH. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. II. 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. JJ. 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 3.b.2: The project shall be conditioned to comply with all BP BS/PS 3.b.2 applicable APCD regulations pertaining to Naturally Occurring Asbestos. Prior to any gradingactivities at the site, the project proponent shall ensure that a Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Atascadero Avenue Triangle SIP: Subdivision FD: Fire Department 2 -Lot Planned Development 7 Improvement Final Map tans FM: FI PD: Police D Department CE: City Engineer CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy geologic evaluation is conducted to determine if NOA is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the District (see Attachment 1). If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Refer to the APCD web page at http://www.slocleanair.org/business/asbestos. asp for more information or contact Tim Fuhs of the Enforcement Division at 781-5912. Mitigation Measure 3.b.3: Developmental burning of vegetative material is BP BS/PS 3.b.3 prohibited. Under certain circumstances where no technically feasible alternatives are available, limited developmental burning under restrictions may be allowed. This requires prior application, payment of fee based on the size of the project, APCD approval, and issuance of a burn permit by the APCD and the local fire department authority. The applicant is required to furnish the APCD with the study of technical feasibility (which includes costs and other constraints) at the time of application. For any questions regarding these requirements, contact Karen Brooks of the Enforcement Division at 781-5912. Mitigation Measure 3.b.4: Under APCD Rule 504, only APCD approved wood BP BS/PS 3.b.4 burning devices can be installed in new dwelling units. These devices include: • All EPA -Certified Phase II wood burning devices; • Catalytic wood burning devices which emit less than or equal to 4.1 grams per hour of particulate matter which are not EPA -Certified but have been verified by a nationally -recognized testing lab; • Non -catalytic wood burning devices which emit less than or equal to 7.5 grams per hour of particulate matter which are not EPA -Certified but have been verified by a nationally -recognized testing lab; • Pellet -fueled woodheaters; and • Dedicated gas-fired fireplaces. Questions about approved wood burning devices, should be refered to Tim Fuhs in the Enforcement Division at 781-5912. Mitigation Measure 4.e.1: The developer shall contract with a certified arborist BP BS/PS 4.e.1 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 a 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 and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Atascadero Avenue Triangle BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department 2 -Lot Planned Development 7 Improvement Final Map tans FM: FI PD: Police D Department CE: City Engineer CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy tree's root zone area. (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas 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. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of /4 inch granite covered with one -inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one -foot by one -foot pothole every four to six linear feet. ■ 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. (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 trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 4.e.2: BP BS/PS 4.e.2 21. All existing trees outside of the limits of work shall remain. 22. Earthwork shall not exceed the limits of the project area. 23. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 24. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 25. All trees within twenty feet of construction work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 26. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. 27. Utilities such as water, gas, power, cable, storm drainage, and sewer should be redirected from under the canopy of any trees that are to remain. 28. Where a building is placed within the canopy of a tree the foundation should be redesigned so that it bridges across any root systems. 29. Any foundation or other structure that encroaches within the drip line of trees to be saved shall be dug by hand. 30. At no time shall tree roots be ripped with construction equipment. Mitigation 5.d.1: Should any human remains be discovered on the property, all Ongoing PS 5.d.1 work on the project should stop and the County Coroner contacted. If the human remains are identified as being Native American, the California Native American Heritage Commission (NAHC) should be contacted at (916) 653- 4082. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Atascadero Avenue Triangle SIP: Subdivision FD: Fire Department 2 -Lot Planned Development 7 Improvement Final Map tans FM: FI PD: Police D Department CE: City Engineer CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Mitigation Measure 6.b.1: All cut and fill slopes shall be hydro seeded with an BP BS/PS 6.b.1 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 hydroseed mix shall be native species. 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. Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that all BP BS/PS 8.e.f.1 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 comply with the City BP BS/PS 11.d.1 of Atascadero Noise Ordinance for hours of operation. EXHIBIT B: Master Plan of Development/Site Plan 0 HNI H ft u3« EXHIBIT C: Floor Plan A/B/C DINING O KITL;HEN ENTRY b I PORCH PA, BATH wrc (ARAGE .-. {HIBIT D: Floor Plan A/B/C Elevations and Options ata 0 a 111 0 Y e: a tl� 1 Ix I O l� oma: .......... 111 0 a a O l� Irl. �D_ ,o Ell: 111 EXHIBIT D: Floor Plan A/B/C Elevations and Options EXHIBIT E: Floor Plan D u m n MM Ic EXHIBIT F: Floor Plan D Elevations as10 a FRONT i -_ 0o 00 - - EXHIBIT F: Floor Plan D Elevations am 1 r� I J c•) r•) t) WAR O I I ij� EXHIBIT G: Color Boards and Site Plan Color Key cc W Y ii\ \`.�\ d Mq o Q W \ j J < y U .� C \ r \ 0 �1 n \Zy Te -L v_ mz LU 13 WANLU 0 0: W N W p .-I m T 1-- -14 va w � oil W�v z d� o �+ �cnaQ W y V)m �o — -- le— ----------------------- - - - - - �•„ . e} 3f1N3nV S3MONd NdS ��_ -- - --- - ii\ \`.�\ d Mq \ j ♦%%%\ \ 1 Iii 1 \ r \ \ �1 IS \ \\`� � \1T TS . •. EXHIBIT G: Color Boards and Site Plan Color Key DESIGN !tLLYri(jNt _i;. )JJ)44 i,4 Gearhart Stock Residences Atascadero, CA August 31, A. Frazee #7804 "Clay Urn" Flat Exterior Finish Main Body B. Frazee #8685 "Woodlet" Lo -Sheen Exterior Finish Accent Trim an rs RECEIVED OCT 18 2007 COMMUNITY DEVELOPMENT C. Frazee #8212 "Millet" Lo -Sheen Exterior Finish Doors and Window Trim, Eaves, Facias, Posts, etc. EXHIBIT G: Color Boards and Site Plan Color Key Color Scheme #2 August 31, 2007 A. Frazee #8215 "Tattersall Brown" Flat Exterior Finish Main Body B. Frazee #8276 "Mesquite Canyon" Lo -Sheen Exterior Finish ccent Trim and Doors C. Frazee #8212 "Millet" Lo -Sheen Exterior Finish Doors and Window Trim, Eaves, Facias, Posts, etc. Color Scheme #3 Au-ust 31, 2007 A. Frazee #8174 "Fenland" Flat Exterior Finish Main Body B. Frazee #8595 "ELn Court" Lo -Sheen Exterior Finish Accent Trim and Doors C. Frazee #8212 "Millet" Lo -Sheen Exterior Finish Doors and Window Trim. Eaves, Facias, Posts, etc. EXHIBIT G: Color Boards and Site Plan Color Key Color Scheme #4 October 4. 2007 Color Scheme #5 October 4, 2007 A. Frazee #8693 "Stucco Greige" Flat Exterior Finish Main Body---- - B. Frazee #8665 "Gristmill" Lo -Sheen Exterior Finish Accent Trim and Doors C. Frazee #8212 "Millet" Lo -Sheen Exterior Doors and _ window Trim. Eaves. Fa_cias. Posts, etc. A. Frazee #8644 "Seal Beach" Flat Exterior Finish Main Body 71 B. Frazee #8755 "Spicenut" Lo -Sheen Exterior Finish ccent rim a�o� C. Frazee #8212 "Miller" Lo -Sheen Exterior Finish Doors and Window Trim, Eaves, Facias, Posts, etc. EXHIBIT H: Preliminary Landscape Plan ,q4111000, coo, EXHIBIT I: Tree Protection Plan EXHIBIT J: Grading, Drainage and Utility Plans •---- .f- • ------ d------ _ _-aw.,..d.- --••_ _ _.: _ - ..vim �,t 6 m_\ 9.1 Yl I \� R til \ I ,,\ \,`' 'Its ^ � � i ��•,! F�H Ir a Ul �d �`, ;s 4. I� �!'� 4 �' T-4 W 19 ee W W� C=) I I \ 00000000 0 � ,\ EXHIBIT J: Grading, Drainage and Utility Plans EXHIBIT K: Improvement Plans EXHIBIT L: Private Park Site Plan, Sketch, and Fencing Design 4 d� 'YI 1 V, M '- Q I tj ` 1 I fzD & I V\ Y 'S 335 � 4 d� 'YI 1 V, M '- Q I tj ` 1 I fzD I V\ SL "ba , EXHIBIT L: Private Park Site Plan, Sketch, and Fencing Design Ilk - FLAT POST TOP _..0 ... w..... .� �.� r—A FRAIL BRACKET I D ELEVATION, L—A PCST BRACKET STREET SIDE Snzco P:N:SH SECTION 03 VM' CCNNENCRATM A -A TILE COMMEMORATIVE WALL POST BRA=T STUCCO PHISN i &W COWARAMMME TLLL' -CAW. BLOCK WALL ATTACHMENT 13: Draft Resolution PC 2008-0011 Approval of Proposed 3 -Lot Tentative Parcel Map DRAFT RESOLUTION PC 2008-0011 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP 2007-00919 A THREE -LOT SUBDIVISION CONSISTENT WITH A MASTER PLAN OF DEVELOPMENT ON APN 030-283-005, Lot 1 (Adamski, Moroski, Madden & Green, LLP / Atascadero Homeowners, LLC) WHEREAS, an application has been received from Adamski, Moroski, Madden & Green, LLP (P.O. Box 3835, San Luis Obispo, CA 93403) Applicant, and Atascadero Homeowners, LLC (6205 Alcantara Avenue, Atascadero, CA 93422) Property Owner to consider a project consisting of a Zone Change from RMF -16 (Residential Multi -family -16) to RMF -16/ PD -7 (Residential Multi -Family -16 with a Planned Development Overlay 7) with corresponding Master Plan of Development and 3 -Lot Tentative Parcel Map on a 0.38 -acre site located at 6905 Navajoa Avenue, (APN 030-283-005, Lot 1); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from L (Recreation) to RMF -16 with PD -7 (Residential Multi -Family -16 with a Planned Development Overlay 7); and, WHEREAS, the Planned Development Overlay 7 requires a minimum of 4 units, and by combining the 2 -unit and 9 -unit projects as a Master Planned site per the General Plan requirements, the application on Lot 1 meets this criteria; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0027 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Parcel Map 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 Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on January 15, 2008 studied and considered Tentative Parcel Map 2007- 0091, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Approval for Tentative Parcel Map, the Planning Commission of the City of Atascadero finds as follows: 1. The proposed subdivision, design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements, including provisions of the PD -7 overlay district. 2. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District -7 Master Plan of Development (CUP 2007-0219). 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. 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. Covenants, Conditions and Restrictions (CC&R's) or equivalent shall be required that incorporate the Master Plan of Development conditions of approval to ensure that the site retains the proposed qualities (architecture, colors, materials, plan amenities, fencing, and landscaping) over time. 8. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on January 15, 2008, resolved to recommend that the City Council approve Tentative Parcel Map (TPM 2007-0091) subject to the following: 3. Exhibit A: Tentative Parcel Map 2007-0091 4. Exhibit B: Conditions of Approval / Mitigation Monitoring Program. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: 3 Lot Tentative Parcel Map mi%l��S`ifi�l `Aim �' � t l � t tlitlQiii�jil3#�I�il,�{� i s#�Itt##i#: I i!#lulllleaalh,l�fl111�119� fl � ►z 0 1! !! !11! Exhibit B: Conditions of Approval / Mitigation Monitoring Program Tentative Parcel Map 2007-0091 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Atascadero Avenue Triangle BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department 2 -Lot Planned Development 7 Improvement Plans FM: Final Map PD: Police Department CE: City Engineer CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. FO: Final Occupancy Planning Services 1. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2007-140, ZCH 2007-0145 and ZCH 2007- 0146 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Parcel Map and Conditional Use Permit FM PS shall be valid for 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 the authority to FM PS approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Parcel Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The granting of this entitlement shall apply to the property located at On going PS (APN 030-283-005) regardless of owner. 5. The Final Map shall be drawn in substantial conformance with the FM PS 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. 6. The subdivider shall defend, indemnify, and hold harmless the City of FM PS 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. 7. The Parcel Map shall be subject to additional fees for park or FM PS recreation purposes (QUIMBY Act) as required by City Ordinance. 8. The emergency services and facility maintenance costs listed below BP PS shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Atascadero Avenue Triangle SIP: Subdivision FD: Fire Department 2 -Lot Planned Development 7 Improvement FM: Fi al M PPlans PD: Police Department CE: City Engineer CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 9. All tract maintenance costs listed below shall be 100% funded by the BP PS project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. ■ All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. ■ All parks, trails, recreational facilities and like facilities. ■ All open space and native tree preservation areas. ■ All drainage facilities and detention basins. • All creeks, flood plains, floodways, wetlands, and riparian habitat areas. ■ All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. ■ All frontage landscaping and sidewalks along arterial streets 10. One Home Owners Association shall be established for the 11 units FM PS on Lots 1,2, and 3. Separate Home Owners Association shall not be allowed for the Planned Developments at APN 030-283-005. 11. The developments approved with CUP 2007-0208 and CUP 2007- IP / GP PS / PW 0219 shall be developed together as one Master Plan of Development at as required by the General Plan. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Atascadero Avenue Triangle SIP: Subdivision FD: Fire Department 2 -Lot Planned Development 7 Improvement FM: Fi al M PPlans PD: Police Department CE: City Engineer CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 12. Prior to final map, the applicant shall submit CC&Rs for review and BP PS approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: ■ Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping in perpetuity. ■ Fencing design and locations ■ A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. ■ Residents shall keep all trash receptacles within the unit's designated trash storage area. ■ Garages shall be maintained and used for vehicle parking. ■ No boats, RV's or other type of recreation vehicle may occupy a guest or resident parking space, including within an individual garage. ■ 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. 13. Affordable Housing Requirement: As a General Plan required MasterGP/BP PS, CA Planned site (Master Plan of Development Overlay #12), the Affordable Housing requirement shall apply to the 11 units approved for the subject sites with ZCH 2007-0145 and ZCH 2007-0146. The applicant shall deed restrict a minimum of 1 residential unit for 30 years, at the moderate income rate. 14. Workforce Housing: Prior to recordation of final map, the applicant shall BP PS, CE enter into a legal agreement with the City to reserve 1/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Atascadero Avenue Triangle SIP: Subdivision FD: Fire Department 2 -Lot Planned Development 7 Improvement FM: Fi al M PPlans PD: Police Department CE: City Engineer CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy • The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved; and The City Attorney shall approve the final form of the agreement. 15. Approval of this permit shall include the removal of 8 Native Black BP PS, BS Walnuts, totaling 310 inches dbh. The applicant shall be required to pay mitigation fees or provide replantings on-site per the requirements of the Atascadero Native Tree Ordinance. Any additional removals shall be subject to Planning Commission approval. 16. The applicant shall work with staff to enhance the side elevation on Lot 8 BP PS facing Navajoa Ave,. The elevation shall include larger windows and added architectural detailing, consistent with the front elevation. Additional landscaping, including trees and tall shrubs shall be added to the side setback on this lot. Fencing may not be located in the side setback next to Navajoa Ave. 17. The columns on the wrap around porch on floor plan D (shown in BP PS Exhibits E and F) shall be a minimum size of 6" by 6" square. Railings shall be added to the wrap around porch. 18. All exterior elevations, finish materials and colors shall be consistent with BP PS the Master Plan of Development as shown in EXHIBIT D and F with the following modifications: ■ All exterior material finishes (siding, trim, doors, windows, light fixtures, garage doors) shall be durable, high quality, and consistent with the architectural appearance. ■ Stucco siding shall be smooth troweled or light sand finish. ■ Roofs shall be architectural grade dimensional shingles. 19. Building colors shall be consistent with Exhibit G with the followingGP/BP PS modification: ■ The color "clay urn" identified in color scheme #1 shall be replaced with a more muted color, consistent with the surrounding residences and color schemes 2 through 5. Final selection of colors and materials shall be subject to staff approval. 20. Garage doors shall be high quality, wood or carriage style doors. BP PS 21. All site development shall comply with the standards of the Planned BP PS, BS Development 7 Overlay District. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Atascadero Avenue Triangle SIP: Subdivision FD: Fire Department 2 -Lot Planned Development 7 Improvement FM: Fi al M PPlans PD: Police Department CE: City Engineer CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 22. All site work, grading, and site improvements shall be consistent with the BP/FM PS, BS, CE Master Plan of Development as shown in EXHIBIT B. 23. All project fencing shall be installed consistent throughout the project, GP/BP PS and located as shown in the approved Landscape Plan, subject to the following modifications: ■ Fencing material and treatment shall comply with the PD -7 standards. ■ Final fence location shall be subject to staff approval. ■ Fencing within the front and corner lot setbacks shall be under 3 feet tall. 24. A final landscape and irrigation plan shall be approved prior to the BP PS issuance of building permits and included as part of site improvement plan consistent with EXHIBIT J, and as follows: ■ All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. ■ All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site. ■ Final tree list shall be submitted with building permits, subject to staff approval. • Street and open space trees shall be minimum 15 -gallon size and double staked. ■ Front yard areas shall be landscaped with drought tolerant species, subject to staff approval. 25. The wall/fence around the private park on Lot 1 shall be allowed to be BP PS built at a maximum height of 6 feet at the tallest point. 26. The commemorative tile on the 'commemorative wall" around he BP PS private park on Lot 1 shall be subject to staff approval City Engineer Project Conditions 1. The applicant shall install curb, gutter and sidewalk along all GP, BP CE property frontages. All road frontages will be widened be City Standard. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Atascadero Avenue Triangle SIP: Subdivision FD: Fire Department 2 -Lot Planned Development 7 Improvement FM: Fi al M PPlans PD: Police Department CE: City Engineer CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 2. This project is required to retain the difference between the GP, BP CE undeveloped 2 year storm run off and the developed 50 year storm runoff to mitigate the increase runoff into the storm drain system. The project will use individual drainage basin on each lot to handle the increased flow. The basin will be underground "infiltrator" basins. Deep pit basins are not allowed. When the basin becomes full, they will overnow into the new curb and gutter through small drain pipe under the side walk. 3. In the event that the applicant bonds for the public GP, BP CE improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 4. An engineer's estimate of probable cost shall be submitted for GP, BP CE review and approval by the City Engineer to determine the amount of the bond. 5. The Subdivision Improvement Agreement shall record FM CE concurrently with the Final Map. 6. A six (6) foot Public Utility Easement (PUE) shall be provided GP, BP CE contiguous to the property frontage. 7. The applicant shall acquire title interest in any off-site land that GP, BP CE 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. 8. Slope easements shall be obtained by the applicant as needed GP, BP CE to accommodate cut or fill slopes. 9. Drainage easements shall be obtained by the applicant as GP, BP CE needed to accommodate both public and private drainage facilities. 10. A preliminary subdivision guarantee shall be submitted for FM CE review in conjunction with the processing of the tract map. 11. The final map shall be signed by the City Engineer prior to the FM CE map being placed on the agenda for City Council acceptance. 12. Prior to recording the tract map, the applicant shall pay all FM CE outstanding plan check/inspection fees. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Atascadero Avenue Triangle BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department 2 -Lot Planned Development 7 Improvement FM: Fi al M PPlans PD: Police Department CE: City Engineer CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 13. Prior to recording the map, the applicant shall bond for or FM CE complete all improvements required by these conditions of approval. 14. Prior to recording the tract map, the applicant shall submit a FM CE copy of a valid tax bond. 15. Prior to recording the tract map, the applicant shall bond for or FM CE 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. 16. Prior to recording the tract map, the applicant shall submit a FM CE 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. 17. All existing and proposed utility, pipeline, open space, or other FM CE 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. 18. Prior to recording the tract map, the applicant shall have the FM CE 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. 19. Prior to the issuance of building permits the applicant shall GP, BP CE submit plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. 20. Prior to the issuance of building permits the applicant shall GP, BP CE submit calculations to support the design of any 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. 21. Prior to the issuance of building permits the applicant shall GP, BP CE provide for the detention and metering out of developed storm Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Atascadero Avenue Triangle SIP: Subdivision FD: Fire Department 2 -Lot Planned Development 7 Improvement FM: Fi al M PPlans PD: Police Department CE: City Engineer CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy runoff so that it is equal to or less than undeveloped storm runoff. 22. Drainage basins shall be designed to desilt, detain and meter GP, BP CE storm flows as well as release them to natural runoff locations. 23. A mechanism for funding and maintenance of the storm drain GP, BP CE facilities shall be provided. 24. Prior to the issuance of building permits the applicant shall show GP, BP CE the method of dispersal at all pipe outlets. Include specifications for size & type. 25. Prior to the issuance of building permits the applicant shall show GP, BP CE method of conduct to approved off-site drainage facilities. 26. Concentrated drainage from off-site areas shall be conveyed GP, BP CE 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 subdivision. 27. Applicant shall submit erosion control plans and a Storm Water GP, BP CE Pollution Prevention Plan (SWPPP). The Regional Water Quality Control Board shall approve the SWPPP. 28. All public improvements shall be constructed in conformance GP, BP CE with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer 29. Off-site streets shall be improved consistent with the tentative GP, BP CE tract map. 30. Project shall include construction of curb, gutter and sidewalk GP, BP CE along entire frontage. 31. Alignment of frontage improvements shall be approved by the GP, BP CE City Engineer. 32. All utilities shall be undergrounded on project frontage GP, BP CE 33. Applicant shall pay sewer extension (Annexation), Connection BP CE and Reimbursement fees (if applicable) upon issuance of building permit. 34. Drainage piping serving fixtures which have flood level rims BP CE located below the elevation of the next upstream manhole cover Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Atascadero Avenue Triangle BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department 2 -Lot Planned Development 7 Improvement FM: Fi al M PPlans PD: Police Department CE: City Engineer CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve. Mitigation Measures Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP BS/PS 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM - 10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment • Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). • Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: KK. Reduce the amount of the disturbed area where possible. LL. 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. MM.AII dirt stockpile areas should be sprayed daily as needed. NN. 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. 00. 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. PP. All disturbed soil areas not subject to re -vegetation should be stabilized Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Atascadero Avenue Triangle BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department 2 -Lot Planned Development 7 Improvement FM: Fi al M PPlans PD: Police Department CE: City Engineer CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. QQ. 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. RR. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. SS. 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. TT. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. UU. 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. VV. 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 3.b.2: The project shall be conditioned to comply with all BP BS/PS 3.b.2 applicable APCD regulations pertaining to Naturally Occurring Asbestos. Prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if NOA is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the District (see Attachment 1). If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Refer to the APCD web page at http://www.slocleanair.org/business/asbestos. asp for more information or contact Tim Fuhs of the Enforcement Division at 781-5912. Mitigation Measure 3.b.3: Developmental burning of vegetative material is BP BS/PS 3.b.3 prohibited. Under certain circumstances where no technically feasible alternatives are available, limited developmental burning under restrictions may be allowed. This requires prior application, payment of fee based on the size of the project, APCD approval, and issuance of a burn permit by the APCD and the local fire department authority. The applicant is required to furnish the APCD with the study of technical feasibility (which includes costs and other constraints) at the time of application. For any questions regarding these requirements, contact Karen Brooks of the Enforcement Division at 781-5912. Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 2 -Lot Planned Development 7 CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement FM: Fi al M PPlans TO: Temporary occupancy FI: Final inspection F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 3.b.4: Under APCD Rule 504, only APCD approved BP BS/PS 3.b.4 wood burning devices can be installed in new dwelling units. These devices include: • All EPA -Certified Phase II wood burning devices; • Catalytic wood burning devices which emit less than or equal to 4.1 grams per hour of particulate matter which are not EPA -Certified but have been verified by a nationally -recognized testing lab; • Non -catalytic wood burning devices which emit less than or equal to 7.5 grams per hour of particulate matter which are not EPA - Certified but have been verified by a nationally -recognized testing lab; • Pellet -fueled woodheaters; and • Dedicated gas-fired fireplaces. Questions about approved wood burning devices, should be refered to Tim Fuhs in the Enforcement Division at 781-5912. Mitigation Measure 4.e.1: The developer shall contract with a certified BP BS/PS 4.e.1 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 a 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 and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas 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. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of 3/4 inch granite covered with one -inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one -foot by one -foot pothole every four to six linear feet. ■ 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 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Atascadero Avenue Triangle BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department 2 -Lot Planned Development 7 Improvement FM: Fi al M PPlans PD: Police Department CE: City Engineer CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy until inspected and approved by the on-site 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 trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 4.e.2: BP BS/PS 4.e.2 31. All existing trees outside of the limits of work shall remain. 32. Earthwork shall not exceed the limits of the project area. 33. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 34. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 35. All trees within twenty feet of construction work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 36. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. 37. Utilities such as water, gas, power, cable, storm drainage, and sewer should be redirected from under the canopy of any trees that are to remain. 38. Where a building is placed within the canopy of a tree the foundation should be redesigned so that it bridges across any root systems. 39. Any foundation or other structure that encroaches within the drip line of trees to be saved shall be dug by hand. 40. At no time shall tree roots be ripped with construction equipment. Mitigation 5.d.1: Should any human remains be discovered on the property, Ongoing PS 5.d.1 all work on the project should stop and the County Coroner contacted. If the human remains are identified as being Native American, the California Native American Heritage Commission (NAHC) should be contacted at (916) 653-4082. Mitigation Measure 6.b.1: All cut and fill slopes shall be hydro seeded with BP BS/PS 6.b.1 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 hydroseed mix shall be native species. 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. Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that BP BS/PS 8.0.1 all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Atascadero Avenue Triangle SIP: Subdivision FD: Fire Department Improvement Plans PD: Police Department 2 -Lot Planned Development 7 FM: Final Map CE: City Engineer CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. FO: Final Occupancy Mitigation Measure 11.d.1: All construction activities shall comply with the BP BS/PS 11.d.1 City of Atascadero Noise Ordinance for hours of operation.