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HomeMy WebLinkAboutPC_2008-02-19_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, February 19, 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 PLANNING COMMISSION BUSINESS A. SELECTION OF CHAIRPERSON AND VICE CHAIRPERSON The Commission will select a Chairperson and Vice Chairperson. 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. City of Atascadero Planning Commission Agenda PUBLIC COMMENT Regular Meeting February 19, 2008 Page 2 of 4 (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) CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non -controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions) 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON FEBRUARY 5, 2008. 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).) 2. PLN 2007-1237, CIRUELA WAY, LOS OLIVOS CIRCLE, CIRUELA CT., DECHADO CT. Owner: Woodlands Atascadero, LLC., PO Box 4013, San Luis Obispo, CA 93403 Project Title: Amendment to Specific Plan Project Ciruela Way, Los Olivos Circle, Ciruela Ct., Dechado Ct. Location: San Luis Obispo County (APN 045-311-011) Project An Amendment to Woodlands Specific Plan to allow residential second units in Description: conformance with the City's Zoning Ordinance on the Specific Plan's estate lots; amend the Master Plan of Development to allow for more ownership housing; and approve a vesting tentative tract map for condominium purposes. General Plan Designation: HDR Zoning District: SP 1 Proposed Proposed finding that the project is consistent with Mitigated Negative Declaration 2003 - Environmental 0026. Determination: City of Atascadero Planning Commission Agenda 3. PLN 2007-1256,13545 OLD MORRO ROAD Regular Meeting February 19, 2008 Page 3 of 4 Owner: Robert Davis, 13545 Old Morro Road, Atascadero, CA 93422 Project Title: PLN 2007-1256/CUP 2007-0220 Project 13545 Old Morro Road, Atascadero, CA 93422 Location: San Luis Obispo County (APN 055-311-009) Project Minor Conditional Use permit for a garage which exceeds 50% of the size of the main Description: residence. The main residence is 796 sq ft. and the new garage is proposed at 626 sq. ft. Section 9-6.106 of the Municipal Code allows detached accessory structures that exceed size requirements subject to the approval of a Minor Conditional Use Permit. General Plan Designation: Rural Estate (RE) Zoning District: Residential Suburban (RS) Proposed Class 3 Categorical Exemption; exempts new construction or conversion of small Environmental structures including garages. Determination: COMMISSIONER COMMENTS AND REPORTS 4. PLN 2008-1276, REVIEW AND DISCUSSION ZONING ORDINANCE USES The Planning Commission will review and discuss the current zoning and land use definitions of the Zoning Ordinance. No action will be taken. DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on March 4, 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 February 19, 2008 Page 4 of 4 City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m., at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall Annex business hours at the Community Development counter and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-5000, or the City Clerk's Office, (805) 461-5000. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Commission regarding the matter being considered to step up to the podium. If you wish to speak for, against, or comment in any way: • You must approach the podium and be recognized by the Chairperson • Give your name and address (not required) • Make your statement • All comments should be made to the Chairperson and Commission • All comments limited to 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: 2-19-08 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, February 5, 2008 — 7:00 P.M. Chairperson O'Keefe called the meeting to order at 7:00 p.m. and Vice Chairperson Fonzi led the Pledge of Allegiance. ROLL CALL Present: Commissioners Heatherington, Marks, O'Grady, Fonzi and Chairperson O'Keefe Absent: Commissioners Jack (excused) and Slane (excused) Others Present: Recording Secretary Grace Pucci Staff Present: Community Development Director Warren Frace, Public Works Director / City Engineer Steve Kahn, Police Chief Jim Mulhall, Deputy Community Development Director Steve McHarris, and Senior Planner Kelly Gleason. PLANNING COMMISSION BUSINESS Commissioner O'Grady spoke about tree removal mitigation fees, which have not been updated since 1999, and suggested the Commission recommend the City Council consider revision of tree mitigation fees at their next meeting. Chairperson O'Keefe explained that the Atascadero Native Tree Association (ANTA) has been working with staff to determine the costs of replanting, and said she would like to wait until there are better figures as to the cost before the Council considers this item. PC Draft Minutes 02/05/08 Page 1 of 5 Vice Chairperson Fonzi stated the Commission would have a stronger recommendation to make to the Council if they waited for the actual replanting costs. MOTION: By Commissioner O'Grady and seconded by Commissioner Marks to recommend consideration of tree mitigation fees be added to the City Council's agenda at the earliest opportunity. Motion passed 4:1 by a roll -call vote. (Fonzi opposed) Vice Chairperson Fonzi stated for the record she voted against the motion because she believes this action is premature without additional information. Commissioner O'Grady spoke about drive-through's and suggested the Planning Commission recommend the City Council consider a policy to address drive-through's. MOTION: By Commissioner O'Grady and seconded by Commissioner Heatherington that the City Council give the Planning Commission a policy on drive-through's before any more drive-through's are submitted for consideration by the Planning Commission, and encourage the City Council to conduct public hearings in conjunction with their development of a policy. Motion passed 4:1 by a roll -call vote. (O'Keefe opposed) Chairperson O'Keefe stated for the record that she voted against the motion as she believes this would be a moratorium, and because the Council's agenda may be quite full. Commissioner Heatherington stated she had spoken with the Air Pollution Control District (APCD) and asked if they could make a presentation to the Planning Commission on particulate matter, etc, and suggested the Commission consider a presentation on a night with a light agenda. There was Planning Commission consensus to agendize a presentation by the APCD for a future agenda. APPROVAL OF AGENDA MOTION: By Vice Chairperson Fonzi and seconded by Commissioner Marks to approve the agenda. Motion passed 5:0 by a roll -call vote. PC Draft Minutes 02/05/08 Page 2 of 5 PLANNING COMMISSION BUSINESS DISCLOSURE OF EX PARTE COMMUNICATIONS: ■ Commissioner Marks stated he visited the site for Item #2. ■ Chairperson O'Keefe stated she visited the site for Item #2 with Senior Planner Kelly Gleason. ■ Vice Chairperson Fonzi stated she visited the site for Item #2. PUBLIC COMMENT Orem CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JANUARY 15, 2008. MOTION: By Vice Chairperson Fonzi and seconded by Commissioner O'Grady to approve Item #1. Motion passed 5:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS 2. PLN 2099-0243, AMENDMENT TO CUP 2000-0014,905 EL CAMINO REAL Owner: Atascadero 101 Associates, 2925 Bristol St., Costa Mesa, CA 92626 Applicant: Peter Koetting, Westar Associates, 2925 Bristol St., Costa Mesa, CA 92626 Project Title• PLN 2099-0243, Amendment to CUP 2000-0014 Project 905 EI Camino Real, Atascadero, CA 93422 Location: (APN 049-045-019) San Luis Obispo County Project The proposed project consists of an application for a Conditional Use Permit (Master Plan of Description• Development) Amendment to an approved Gas Station development in Phase II of the Home Depot Master Plan. The Amendment includes minor site plan modifications from the previously approved configuration including the elimination of a drive-through component and elimination of a carwash facility. General Plan Designation: Commercial Park Zoning District: Commercial Park / Planned Development Overlay #9 PC Draft Minutes 02/05/08 Page 3 of 5 Proposed Consistent with the previous environmental review for the Home Depot Plan, Phase II. Environmental Determination: Senior Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Robert Adams, Chevron representative, explained the biggest issue for them is the tree in the bike path, as the tree extends onto the bike path and the Public Works representative has told him there should not be any trees around the bike path. Mr. Adams answered questions of the Commission. Chairperson O'Keefe closed the Public Comment period. MOTION: By Vice Chairperson Fonzi and seconded by Commissioner O'Grady to adopt Resolution PC 2008-0012 to approve Amendments to the Home Depot Master Plan of Development based on findings and subject to conditions of approval with the staff amendment included regarding the parking, and the recommendation that the applicant consider adding 15 gallon trees at their pleasure, and that the gate will be unlocked when the project is finished, and with the requirement of fully recessed light fixtures in the canopy, and that the applicant's representative and Public Works Department visit the site and work it out to allow the tree to remain and the bike path to function, and looking at a different plant species along the bike path. Motion passed 5:0 by a roll -call vote. COMMISSIONER COMMENTS AND REPORTS None DIRECTOR'S REPORT Community Development Director Warren Frace gave the following reports: 1) the Zoning Ordinance discussion will be agendized for the next Planning Commission meeting, 2) a CUP application has been submitted for a Drug and Alcohol Rehabilitation Center and staff is working with the applicant on a neighborhood meeting this Thursday, 3) the City will host a downtown forum on February 14th in the City Council Chamber and 4) a revised General Plan Amendment application has been received from Wal Mart and it will go to the Council for authorization to process the application at their PC Draft Minutes 02/05/08 Page 4 of 5 March meeting. Director Frace reviewed the agenda for the next Planning Commission meeting. Public Works Director Steve Kahn reported that a workshop on roundabouts and interchange operational improvements will be held this Thursday from 4:00 to 7:00 p.m. A report on emergency access routes will be given at the February 12th City Council meeting. Director Frace reported on the current status of the Printery building. ADJOURNMENT Chairperson O'Keefe adjourned the meeting at 8:09 p.m. to the next regularly scheduled meeting of the Planning Commission on February 19, 2008. MINUTES PREPARED BY: Grace Pucci, Recording Secretary \\Cityhall\cdvlpmnt\— PC Minutes\PC Minutes 08\PC Draft Minutes 02-05-08.doc PC Draft Minutes 02/05/08 Page 5 of 5 ITEM NUMBER: 2 DATE: 2-19-08 Atascadero Planning Commission Staff Report - Community Development Department Woodridge Specific Plan Amendment (SFR- 3) Conditional Use Permit Amendment 2004-0123 Tentative Tract Map 2003-0027 (Tentative Tract 2937) PLN 2007-1237/ZCH 2003-0041 (Halcon Road, Atascadero) SUBJECT: The proposed project consists of a request to: 1. Amend the Woodlands Specific Plan to allow residential second units within the "estate lot" in consistent with the current municipal code; and 2. Amend Conditional Use Permit 2004-0123 (Master Plan of Development) to allow 15 additional condominium ("for sale") units in place of 15 rental units; and 3. Process a Vesting Tentative Tract Map for air space condominium purposes. The Vesting Tentative Tract Map includes a total of 100 residential units comprised of 55 airspace condominium units and 50 rental units in 10 buildings. RECOMMENDATION: 1. Adopt Resolution No. PC 2008-0013 approving the Amendment to the Woodlands Specific Plan allowing residential second units on the SFR -3 Estate Lots in accordance with the regulation of the City's zoning ordinance; and 2. Adopt Resolution No. PC 2008-0014 approving the Amendment to Conditional Use Permit 2004-0123 modifying the Master Plan of Development from 100 apartments to 50 apartments and 50 condominiums subject to conditions and mitigation monitoring; and 3. Adopt Resolution No. PC 2008-0015 approving TTM 2003-0027 Vesting Tentative Tract Map 2937 for air space condominium purposes subject to conditions and mitigation monitoring. ITEM NUMBER: 2 DATE: 2-19-08 SITUATION AND FACTS: 1. Applicant / Representative: R.W. Hertel & Sons, Inc. P.O. Box 4013, San Luis Obispo, CA 93403 2. Project Address: Halcon Road, Atascadero, CA 93422 (San Luis Obispo County) APN 045-311-011 3. General Plan Designation: (HDR) High Density Residential 4. Zoning District: (SP1) Specific Plan 1, Woodlands Specific Plan 5. Site Area: 5.8 acres 6. Existing Use: Under development 7. Environmental Status: Consistent with previously certified Mitigated Negative Declaration 2003-0026 prepared for the Woodlands Specific Plan. DISCUSSION: Background On October 14, 2003, the City Council approved Specific Plan #1 for the Woodlands project. The Specific Plan outlines the process for development of a 272 -unit residential subdivision and associated improvements. The project site is currently under construction within the "Las Lomas" development. The project, as originally approved allowed for 122 small lot single-family units; 21 estate lot single family units and 35 townhome units and 100 apartments for a total of 278 residential units. Environmental Review The original Specific Plan was the subject of a Mitigated Negative Declaration (MND 2003-0026) prior to its adoption. This project will continue to be subject to the mitigation measures outlined in that document. The proposed multi -family site has been rough graded and utilities have been installed in anticipation of construction. The project does not propose additional physical impacts beyond those that were considered in the certified MND. Building envelopes were reviewed and approved in the MND for the estate lots and all future construction is required to remain within these building envelopes. Any construction outside the building envelopes will require conditional use permit and Planning Commission approval. ITEM NUMBER: 2 DATE: 2-19-08 ANALYSIS Approving Authority The Specific Plan (Table 12) delegates authority for approving amendments as follows: Amendment Procedure Type of Amendment Approval Authority Update Architectural Styles, Floor Plan Staff or Details Minor Text clarifications Minor Staff New Product Type or Architectural Style inconsistent with Appendix Planning Commission Minor Change in Text that affect standards or Planning Commission policies Major Revised lotting layout or change in unit City Council mix Major The Planning Commission has the authority to approve text changes that affect standards and policies. This proposal will affect the standards relating to residential second units and the polices regarding homeownership versus rental units. The proposal does not request changes to the lotting layout or the type of unit building mix originally approved. Second Residential Units The Specific Plan (SP) as originally approved, allows residential second units on estate lots which are one -acre in size or greater. At the time of the original approval, the City had not yet adopted the Residential Second Unit Ordinance (adopted in August of 2004). This amendment proposes that the requirements for Residential Second Units of the SP be revised consistent with the requirements of the City's current ordinance. This requires amending page II -10, Item A.4,c. Land Use Element, Development Standards as follows: c. SFR -3 Zoning District - Single Family Residential Estate Lot The SFR -3 District encompasses 22.3 acres and accommodates twenty-one (21) estate single-family dwelling units. Fully detached single-family homes are permitted in the SFR -3 District with secondary dwelling units on lots of 1 aGre or rnere in accordance with the Citv's Residential Second Unit Zonina Ordinance. The secondary dwelling unit may be attached or detached and may have a separate entry with independent kitchen and bath facilities. Either the primary or secondary dwelling unit must be owner -occupied. Construction of both the primary and secondary dwelling units must occur within the designated building envelopes of ITEM NUMBER: 2 DATE: 2-19-08 each lot as indicated on the Tentative Tract Map. Modifications to the building envelopes require Conditional Use Permit review and approval by the Planning Commission. Staff is recommending approval of this change for consistency in permitting residential second units. The applicant had requested to move an approved second unit from one lot to another. However, the new lot was under an acre in size and the SP does not allow second units on lots under one -acre in size. Staff recommended asking the Planning Commission to consider the requirement and allow the SP to be consistent with the current second unit ordinance. The second unit ordinance allows units on lots under one -acre in size, provided the properties are connected to the City's wastewater facilities. Under the current SP, twelve lots qualify and have been approved for second residential units. These second units are deed restricted inclusionary units at the moderate income level and are approximately 500 square feet each. If the proposed amendment is approved, all twenty-one lots would potentially qualify for a second unit; however, any second units above the originally approved twelve units are not proposed to be subject to the inclusionary affordable housing requirements. The Planning Commission will need to make the following findings in order to approve this text amendment: 1. The amendment is in conformance with the Specific Plan's Goals, Policies, Standards and Intent. Staff Response: As identified in the Plan Summary, the SP's goals and policies were developed to preserve a significant amount of open space, provide a consistent architectural theme throughout the development and provide a mix of residential housing types. The proposed amendment will continue to implement these goals by providing a balanced mix of rental and for -sale multi -family housing units without impacting the preserved open space. 2. The amendment is consistent with the Comprehensive Regulations presented in Section II of the Specific Plan. Staff Response: The SP allows for second residential units in the SFR -3 Estate Lot area on lots of one acre or greater. This amendment would require development of residential units to be in conformance with the City's adopted second residential unit ordinance. 3. The amendment is compatible with other phases of the specific planning area. Staff Response: The proposed amendment is compatible with the surrounding area of the development. Second units are an allowed use. The SFR -3 lots are separated from areas outside the overall development by open space which is dedicated to the general public. 4. The amendment is consistent with the previously certified Mitigated Negative Declaration (MND 2003-0026). ITEM NUMBER: 2 DATE: 2-19-08 Staff Response: The proposed amendment would not have an additional impact on environmental resources. The project area has undergone rough grading and all approved tree removals have been completed. In addition, placement of any second unit would have to be located within the approved building envelope. Any development outside the originally approved building envelopes requires Conditional Use Permit approval by the Planning Commission. The project is currently located in a Community Facilities District and a Landscape and Lighting District. Public facility impacts that may be associated with additional second units would be offset by these property assessments. Tentative Tract 2937 The SP required that the multi -family portion of the project undergo Conditional Use Permit (CUP) approval. The applicant processed CUP 2004-0123 in conjunction with Tract 2608 resulting in a master plan of development for thirty-five townhome condominium units and one hundred apartments. At the time of the CUP and Tract Map, building elevations, site amenities and landscaping were approved by the Planning Commission. Tract 2608 has subsequently been approved and recorded. This amendment is restricted to the apartment parcel that was created by Tract 2608 and does not include the thirty-five townhome units. ITEM NUMBER: 2 DATE: 2-19-08 The project, as currently approved, has been incorporated into the Community Facilities District, established a Landscaping and Lighting District, and is conditioned to provide fifteen units of inclusionary affordable housing. The inclusionary housing consists of 2 very low income units; 5 low income units; and 8 moderate income units. All of these requirements will remain in place and this Conditional Use Permit Amendment will be subject to all of the conditions and mitigation measures of the original approval, except where expressly modified. As approved, the one -hundred apartments are within ten buildings. This amendment request proposes to change the ownership opportunities of the originally approved one - hundred apartments to a mix of fifty air space condominiums and fifty apartments. Five of the buildings would contain ten, individual, for sale, condominium units and five of the buildings would be constructed as one condominium with ten rental units, resulting in a total of fifty-five condominium units as shown below. 10 Condo units ; ♦ 1 w G F 1 Condo — 10 rental units — 1 Condo — 10 rental units 1 Condo — 10 �j rental units kl`%�ASM FN�Iwo'�. It 'M,'/fes? 1 Condo — 10 rental units While this amendment does not propose any changes to the originally approved site amenities or building design, exhibits have been included in the staff report package for informational purposes. ITEM NUMBER DATE: 2-19-08 The SP requires that specific findings be made for approval of any subdivisions. These findings are listed below with a brief staff response and have been included in the resolution recommending approval of Tentative Tract 2937. The Tentative Map conforms to the requirements of this Plan. Staff Response: The Tentative Map is consistent with the approved design of the Specific Plan area. 2. The Tentative Map is consistent with any relevant/required mitigation measures adopted by the Mitigated Negative Declaration, as certified by the City Council. Staff Response: The Tentative Map does not incorporate any physical changes or impacts to the property beyond what was considered by the certified negative declaration. All relevant and required mitigation measures will remain in full force and effect. 3. The Tentative Map is consistent with this Plan as adopted and therefore, additional environmental review under CEQA is not required (CEQA Guidelines Section 15182, Public Resources Code 21083, California Government Codes 65453). Staff Response: The Tentative Map does not incorporate any physical changes or impacts to the property beyond what was considered by the certified negative declaration. All relevant and required mitigation measures will remain in full force and effect. 4. The Woodlands will incorporate an Inclusionary Affordable Housing Plan which will comply with the intent of current City of Atascadero Inclusionary Housing policies. Staff Response: All inclusionary affordable housing requirements of the Specific Plan and the inclusionary policy remain in full force and effect. 5. As a condition of the Tentative Map approval, prior to Final Map recordation, the applicant shall enter into a legal agreement with the City to reserve half of the for - sale dwelling units in the MFR districts for sale to residents or workers within the City of Atascadero. Staff Response: This requirement remains in full force and effect. 6. As a condition of the Tentative Map approval, prior to Final Map recordation, the applicant shall provide a detailed cost analysis and breakdown of all maintenance required and the amount to be billed to each property annually. The analysis shall include scheduled maintenance including slurry seals, overlays, etc. The analysis shall include administrative fees. 7. Staff Response: The applicant has submitted this information and it was used to establish the Community Facilities District and the Landscape and Lighting District. This project will remain within these districts. ITEM NUMBER: 2 DATE: 2-19-08 CONCLUSION: The proposed amendments are consistent with the adopted Specific Plan and continue to provide a variety of housing products. Conditions and mitigation measures from the original approvals of the Woodlands Specific Plan and the CUP 2004-0123 will remain in effect. ALTERNATIVES: 1. The Planning Commission may add conditions to the proposed request. 2. The Planning Commission may continue the hearing and refer the project back to staff for further analysis. Direction should be given to staff and the applicant on required additional information. 3. The Planning Commission may deny the request. PREPARED BY: Kerry Margason, Associate Planner ATTACHMENTS: Attachment 1: Location Map, General Plan, and Zoning Attachment 2: Approved Elevations Attachment 3: Draft PC Resolution 2008-0013 — SP Amendment Attachment 4: Draft PC Resolution 2008-0014 — CUP Amendment Attachment 5: Draft PC Resolution 2008-0015 — Tentative Map Attachment 1: Location Map, General Plan, and Zoning Amendment Area (Multi -Family Zone) OS CPK -PD Legend CN ITEM NUMBER: 2 DATE: 2-19-08 Amendment Area (SFR -3 Zone) RS sk Vmmmmmr RS City Limit Line City of Atascadero Zoning Categories Woodlands Specific Plan Zoning Districts Zoning Boundary P - Public SFR -1 - Single Family Residential OS - Open Space (Small lot) Woodlands Specific CN - Commercial Neighborhood SFR -2 - Single Family Residential Plan Boundary CP -K - Commercial Park (Standard Lot) SFR -3 - Single Family Residential RS - Residential Suburban (Estate Lot) FH - Flood Hazard Overlay MFR - Multi -Family Residential PD7 - Planned Development Overlay OS - Open Space RMF - Residential Multi -Family SC -1 - Service Commercial Attachment 2: Approved Rendered Architectural Elevations (Specific Plan Appendix C) U. � :!F /Fw84 fill $$�� dF �iii_1$i311pi:c� i:Ek�;Y B =•1 ia a California Ranch Style rtnnt Elevation "licmttacy" Z!fe„�-•ae� i i t �i Monterey Style 0 ia a California Ranch Style rtnnt Elevation "licmttacy" Z!fe„�-•ae� i i t �i Monterey Style Attachment 3: Draft PC Resolution 2008-0013 DRAFT RESOLUTION 2008-0013 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING AMENDMENTS TO THE WOODLANDS SPECIFIC PLAN (SP -1) WITHIN THE ESTATE LOT (SFR -3) AREA (Woodlands Specific Plan, Halcon Road / Hertel and Sons) WHEREAS, an application has been received from Woodlands Atascadero, LLC (P.O. Box 4013, San Luis Obispo, CA, 93403) Applicant and Property Owner to consider an amendment to Woodlands Specific Plan located at Halcon Road, Atascadero; and WHEREAS, the site's General Plan Designation is SFR -Y (Single -Family Residential -Y); and, WHEREAS, the site's Zoning District is SP -1; SFR -3 (Woodlands Specific Plan, Estate Lots); and, WHEREAS, the amendment request has been determined to be consistent with previously certified Mitigated Negative Declaration 2003-0026; and, WHEREAS, the amendment is subject to all mitigation measures as detailed in previously certified Mitigated Negative Declaration 2003-0026; and, WHEREAS, a timely and properly noticed public hearing upon the subject amendment to the Woodlands Specific Plan (SP -1) was held by the Planning Commission of the City of Atascadero on February 19, 2008, at which hearing evidence, oral and documentary, was admitted on behalf of said amendment. NOW, THEREFORE, the Planning Commission of the City of Atascadero, takes the following actions: SECTION 1. Findings. The Planning Commission of the City of Atascadero, does hereby make the following findings: 1. The amendment is in conformance with the Specific Plan's Goals, Policies, Standards and Intent. 2. The amendment is consistent with the Comprehensive Regulations presented in Section II of the Specific Plan. 3. The amendment is compatible with other phases of the specific planning area. 4. The amendment is consistent with the previously certified Mitigated Negative Declaration (MND 2003-0026). SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on February 19, 2008 resolved to amend and approve Specific Plan 1 Amendment PLN 2007-1237, Section II, Item A.4,c as follows and subject to Exhibit A — SFR 3 Estate lots attached hereto: C. SFR -3 Zoning District - Single Family Residential Estate Lot The SFR -3 District encompasses 22.3 acres and accommodates twenty-one (21) estate single-family dwelling units. Fully detached single-family homes are permitted in the SFR -3 District with secondary dwelling units on lots of awv or more in accordance with the City's Residential Second Unit Zoning Ordinance. The secondary dwelling unit may be attached or detached and may have a separate entry with independent kitchen and bath facilities. Either the primary or secondary dwelling unit must be owner -occupied. Construction of both the primary and secondary dwelling units must occur within the designated building envelopes of each lot as indicated on the Tentative Tract Map. Modifications to the building envelopes require Conditional Use Permit review and approval by the Planning Commission. 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: ( ) ABSTAIN: ( ) CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A to PC Resolution 2008-0013: SFR 3 - Estate Lots Attachment 4: Draft PC Resolution 2008-0014 RESOLUTION PC 2008-0014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO CUP 2004-0123 MASTER PLAN OF DEVELOPMENT ALLOWING THE ESTABLISHMENT OF FIFTY AIR SPACE CONDOMINIUMS APN 045-311-011 (11505 Halcon Road / Woodlands Atascadero, LLC.) WHEREAS, an application has been received from Woodlands Atascadero, LLC. (P.O. Box 4013, San Luis Obispo, CA 93403), applicant and property owner, to consider a project consisting of an amendment to the Master Plan of Development, approved through CUP 2004-0123. The amendment allows the establishment of fifty airspace condominiums; and, and, WHEREAS, the site's General Plan Designation is HDR (High -Density Residential); WHEREAS, the site's current zoning district is SP -1 (Specific Plan No. 1); and, WHEREAS, the site's specific plan designation is for 100 multi -family residential units; 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, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on February 19, 2008, studied and considered the Master Plan of Development (CUP 2004-0123). NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of Amendment to the Master Plan of Development. The Planning Commission finds as follows: 1. The proposed project is consistent with the General Plan; and, 2. The proposed project satisfies all applicable provisions of the Zoning Ordinance and Specific Plan No. 1; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this 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 will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and, 5. The proposed 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 the full development in accordance with the Land Use Element; and 6. The proposed use or project is of exceptional design quality beyond the normal design associated with multi -family development that would result from full development in accordance with the Land Use Element and zoning ordinance. SECTION 2. Approval of Conditional Use Permit. The Planning Commission does hereby resolve to approve Amendment to Conditional Use Permit 2003-0123 to modify ownership opportunities from 100 apartments to 50 apartments and 50 air space condominium multi -family units at 11505 Halcon Road (APN 045-311-011), consistent with the following Exhibits: 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: (0 ) NOES: (0 ) ABSENT: (0 ) ABSTAIN: (0 ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of approval CUP 2004-0123 Conditions of Approval / Timing Responsibility Mitigatio Mitigation Monitoring Program /Monitoring n PS: Planning Services Measure BL: Business BS: Building Services 11505 Halcon Road License FD: Fire Department Woodridge Multi -Family Residential GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer Amendment to CUP 2004-0123 FI: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy FO: Final Occupancy Planning Services 1. This Conditional Use Permit shall be for a modification of the residential BP / FM PS unit mix as approved in CUP 2004-0123 from 100 individual apartments to 50 apartments and 50 condominium units. 2. All conditions and mitigation measures of the original CUP 2004-0123 remain in full force and effect, except as modified herein. 3. These conditions and mitigation measures supplement the original conditions and mitigation measures approved with CUP 2004-0123. 4. The approval of this use permit shall become final and effective for the BP / FM PS purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 5. The Community Development Department shall have the authority to BP / FM PS 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. 6. Approval of this Conditional Use Permit shall be valid for twelve (12) BP/FM PS months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 7. All exterior elevations, finish materials, and colors shall be consistent with BP PS the Master Plan of Development as shown in Exhibit F and G of PC Resolution 2004-0052. 8. All site development shall be consistent with PC Resolution 2004-0052. BP/FM PS 9. All site work, grading and site improvements shall be consistent with the BP/FM PS Master Plan of Development as shown in PC Resolution 2004-0052. 10. All landscape and irrigation shall be in substantial compliance with the BP PS approved Landscaping Plan, filed with the approved Public Improvement Plans as approved with Tract 2608. Conditions of Approval / Timing Responsibility Mitigatio Mitigation Monitoring Program /Monitoring n PS: Planning Services Measure BL: Business BS: Building Services 11505 Halcon Road License FD: Fire Department Woodridge Multi -Family Residential GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer Amendment to CUP 2004-0123 FI: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy 11. All project fencing shall be installed consistent with Exhibit D and E of PC BP PS Resolution 2004-0052. 12. Retaining walls shall incorporate design & materials to utilize dark color GP PS split face block, subject to staff approval and in accordance with PC BP Resolution 2004-0052. 13. All parking shall be consistent with PC Resolution 2004-0052. FM, BP PS, CE The tot lot play amenity shall include a commercial -grade swing set, slide, climbing apparatus or similar equipment on a soft surface designed for the safety and enjoyment of young children. The tot lot shall include pedestrian connection from nearby sidewalks and/or housing areas and shall include durable seating arrangements for adults and children. Tot lot shall be landscaped and include shade trees. The tot lot shall be open and accessible and not be fenced. 14. All exterior material finishes (stucco, materials, lighting) shall be durable, BP PS high quality, and consistent with the elevations shown in Exhibit F and G and the conditions of PC Resolution 2004-0052. 15. All trash enclosures shall be consistent with PC Resolution 2004-0052. BP PS 16. All monument or wall entry signage shall be consistent with PC BP PS Resolution 2004-0052. 17. Affordable Deed -Restricted Housing shall be consistent with PC BP / FM PS Resolution 2004-0052. 18. Workforce Housing shall be consistent with PC Resolution 2004-0052. BP / FM PS 19. All construction activities shall comply with the City of Atascadero Noise BP BS Ordinance for hours of operation, and as follows: Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday 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. Conditions of Approval / Timing Responsibility Mitigatio Mitigation Monitoring Program /Monitoring n PS: Planning Services Measure BL: Business BS: Building Services 11505 Halcon Road License FD: Fire Department Woodridge Multi -Family Residential GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer Amendment to CUP 2004-0123 FI: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy 20. 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. 21. All applicable mitigation measures from previously certified Woodlands BP PS, BS Specific Plan Mitigated Negative Declaration 2003-0026 shall be incorporated into the proposed multi -family development. Building Services 22. A soils investigation prepared by a licensed Geotechnical Engineer is BP FM to be provided for the project. The report is to be provided at the time of building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. City Engineer Site Specific Conditions All Engineering and Public Works conditions and requirements shall be as GP, BP CE required by PC Resolution 2004-0052. Woodlands Specific Plan Mitigation Measures ALL MITIGATION MEASURES OF PC RESOLUTION 2004-0052 REMAIN IN FULL FORCE AND EFFECT. ONGOING MITIGATION MEASURES ARE INCLUDED HEREIN. AESTHETICS: BP PS, BS, CE 1.c.1 Mitigation Measure 1.c.1: Landscaping shall be consistent with the approved landscape plan submitted for Tract 2608 which incorporates the mitigation measures of PC Resolution 2004-0052. landscape mitigations shall apply Mitigation Measure 1.c.2: The proposed development shall include the use BP PS, BS, CE 1.c.2 of earth -tone paint and roof colors designed to blend with the surrounding neighborhood and reduce the potential for reflected light and glare. Mitigation Measure 1.c.3: If the proposed project entry feature is BP PS, BS, CE 1.c.3 constructed, it shall include an externally illuminated natural stone -faced masonry wall with individual metal lettering and native planting at the base of the wall. Street lighting shall be low level, earth toned, and located in accordance with the site amenities plan. Conditions of Approval / Timing Responsibility Mitigatio Mitigation Monitoring Program /Monitoring n PS: Planning Services Measure BL: Business BS: Building Services 11505 Halcon Road License FD: Fire Department Woodridge Multi -Family Residential GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer Amendment to CUP 2004-0123 FI: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy Mitigation Measure 1.c.5: Common area landscaping and gate/entry BP PS, BS, CE 1.c.5 landscaping features in the SFR -3 zoning district shall include natural stone - faced masonry material and individual metal lettering if signage is required, and native entry planting. Entry trees shall be selected to provide shade over paved areas and pedestrian pathways, reduce urban heat buildup, improve air quality, and provide visual unity to the streetscape. Mitigation Measure 1.c.7: The Specific plan includes a range of architectural BP PS, BS 1.c.7 styles consistent with the existing semi -rural character of Atascadero. The architectural styles of the plan shall include Craftsman, Traditional, Monterey Ranch, California and Bungalow as conceptually illustrated within the Plan. Mitigation Measure 1.d.1: Exterior street lighting shall be limited to BP PS, BS, CE 1.d.1 intersection and parking lot locations and be designed to eliminate any off site glare. All street and parking lot exterior site lights shall utilize full cut- off, "hooded" lighting fixtures to prevent offsite light spillage and glare. All other pedestrian luminaire pole heights shall not exceed 12 feet in height, and all street and parking lot lighting shall not exceed 16 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and shall otherwise be within a range of 0.6 foot candle minimum to 1.0 maximum. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. All light pole and fixture styles shall be consistent with the Specific Plan conceptual site amenities plan. In addition, individual exterior home -owner lighting shall be restricted through CC&R's and individual lot deed -restriction to prohibit high-intensity lighting in excess of one -foot candle, and shall be limited in fixture height to 10 feet, and shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Conditions of Approval / Mitigation Monitoring Program 11505 Halcon Road Woodridge Multi -Family Residential Amendment to CUP 2004-0123 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigatio n Measure AIR QUALITY: BP, GP PS, BS, CE 3.b Mitigation Measure 3.b: Each development phase shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. ■ Schedule 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. Conditions of Approval / Timing Responsibility Mitigatio Mitigation Monitoring Program /Monitoring n PS: Planning Services Measure BL: Business BS: Building Services 11505 Halcon Road License FD: Fire Department Woodridge Multi -Family Residential GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer Amendment to CUP 2004-0123 FI: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy Section 6.5: Fugitive PM10 BP,GP PS, BS, CE 3.1b 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. 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 before 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. BIOLOGICAL RESOURCES: BP, GP PS, BS 4.a.1 All biological resource mitigation measures shall be consistent with PC Resolution 2004-0052. Mitigation Measure: 4.a.1: CULTURAL RESOURCES: GP BS 5.b.1 Mitigation Measure 5.b.1: Should any cultural resources be unearthed during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. Conditions of Approval / Timing Responsibility Mitigatio Mitigation Monitoring Program /Monitoring n PS: Planning Services Measure BL: Business BS: Building Services 11505 Halcon Road License FD: Fire Department Woodridge Multi-Family Residential GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer Amendment to CUP 2004-0123 FI: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy GEOLOGY AND SOILS: GP PS, BS, CE 6.b.1 Mitigation Measure 6.b.1: The project shall incorporate the recommendations contained within the Geo Solutions soils report dated 11/3/02. GP PS, BS, CE 6.b.2 Mitigation Measure 6.b.2: The Building Permit Application plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.15.3: All cut and fill slopes shall be treated with an GP PS, BS, CE 6.b.3 appropriate erosion control method (erosion control blanket, hydro-mulch, or straw mulch appropriately anchored) immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6.c.d: A site-specific soils report shall be required to be BP, GP PS, BS, CE 6.c.d submitted with future building permits for each development phase by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for occupants and buildings. HAZARDS AND HAZARDOUS MATERIALS: TO, FI PS, BS, FD 7.h Mitigation Measure 7.h: Due to the site location within an oak woodland area, the project shall include an ongoing maintenance program that will clear combustible debris and vegetation from structures within any public or private open space areas per the City of Atascadero Fire Department standards. The project applicant, shall provide the initial maintenance, and the ongoing maintenance responsibility shall be incorporated into the establishment of a long-term maintenance agreement by the homeowners association, CC&R's, public facilities maintenance assessment district, or other city-approved mechanism. HYDROLOGY AND WATER QUALITY: GP PS, BS, CE 8e.f.1 Mitigation Measure 8e.f.1: A Storm Water Pollution Prevention Plan (SWPPP)/Erosion Control Plan shall be submitted by the applicant and approved by the RWQCB and the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Conditions of Approval / Timing Responsibility Mitigatio Mitigation Monitoring Program /Monitoring n PS: Planning Services Measure BL: Business BS: Building Services 11505 Halcon Road License FD: Fire Department Woodridge Multi-Family Residential GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer Amendment to CUP 2004-0123 FI: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy Mitigation Measure 8.e.f.2: The developer is responsible for ensuring that GP PS, BS, CE 8.e.f.2 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 8.e: The proposed storm drain system, including the GP, BP BS, CE 8.e on-site drainage basins, shall be designed per the City of Atascadero Engineering standards, subject to review and approval of the City Engineer. NOISE: GP, BP PS, BS, CE 11.a.b.1 Mitigation Measure 11.a.b.1: The dwelling units shall be oriented so that the building construction may act as a noise barrier on the east side of the proposed Woodlands development, specifically for lots 124-143, in order to intercept transportation noise from Union Pacific Railroad, as feasible. Mitigation Measure 11.a.b.2: Soffit vents, eave vents, dormer vents and BP PS, BS, CE 11.a.b.2 other wall and roof penetrations shall be located on the walls and roofs facing away from the noise source wherever possible. Mitigation Measure 11.a.b.3: The walls of critical living spaces, such as BP PS, BS, CE 11.a.b.3 living rooms, lounges, bedrooms, dens, and habitable spaces on second floors of dwelling units nearest the noise source shall have wall construction with an S.T.C. (Sound Transmission Class) rating of 30 or greater. Common acoustic leaks, such as electrical outlets, pipes, vents, ducts, flues and other breaks in the integrity of the wall, ceiling or roof construction on the side of the dwellings nearest transportation noise sources shall receive special attention during construction. All construction openings and joints on the walls on the noise facing side of the site shall be insulated, sealed and caulked with a resilient, non-hardening caulking material. All such openings and joints shall be airtight to maintain sound isolation. Mitigation Measure 11.a.b.4: To meet the interior LDN 45 DBA BP PS, BS, CE 11.a.b.4 requirements, windows for critical habitable spaces and for habitable spaces in a second floor of affected units facing the noise source shall be a double- glazed construction with one light of laminated glass, and installed in accordance with the recommendations of the manufacturer. The windows shall be fully gasketed, with an S.T.C. rating of 30 or better, as determined in testing by an accredited acoustical laboratory. Mitigation Measure 11.a.b.5: All construction activities shall comply with the BP, GP PS, BS, CE 11.a.b.5 City of Atascadero Noise Ordinance for hours of operation. Failure to comply with the noise ordinance may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director, and in addition to penalties identified in the Ordinance. Conditions of Approval / Timing Responsibility Mitigatio Mitigation Monitoring Program /Monitoring n PS: Planning Services Measure BL: Business BS: Building Services 11505 Halcon Road License FD: Fire Department Woodridge Multi -Family Residential GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer Amendment to CUP 2004-0123 FI: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy PUBLIC SERVICES: Mitigation Measure 13: The project will remain within the CFD and Landscaping and Lighting District. RECREATION: BP PS, BS 14 Mitigation Measure 14: The project shall include an additional tot lot within the proposed multi -family zoning designation. Both the staging area and multi -family tot lots shall at a minimum include different variations of commercial -grade swing set, slide, climbing apparatus or similar equipment on a soft surface surrounded by decorative theme fencing designed for the safety and enjoyment of young children. The tot lots shall include pedestrian connection from nearby sidewalks and/or housing areas and shall include durable seating arrangements for adults and children. Tot lots shall be landscaped and include shade trees be planted within and around each tot lot. Mitigation Measure 15.3: The project shall provide a Class II bicycle lane to BP, CE PS, CE 15.3 connect the development to the existing bicycle routes at EI Camino Real/Viejo Camino. UTILITIES AND SERVICE SYSTEMS: BP, GP PS, BS, CE, 16.1 CA Mitigation Measure 16.1: Development with the project site area shall require connection to the City's future sewer system mainline extension included in the City's Sewer Master Plan. The applicant shall design and install the on-site mainline. For reimbursement and maintenance, refer to the project Specific Plan implementation section. The extension will run from the sewer treatment plant south to Halcon Road. The mainline shall be designed and built with capacity to accommodate development with the proposed project as well as new development in the area and existing uses as identified by the City of Atascadero. The proposed line serving development along the easterly project site will require a private on-site wastewater (duplex pumps) pumping station. Provisions for the repair and maintenance of the pump station shall be included in the project CC&R's, subject to the City Engineer and City Attorney approval. Design criteria for the sewer collection system shall conform to the City of Atascadero Standards. Mitigation Measure 16.2: Per the implementation section of the project BP, GP PS, BS, CE 16.2 Specific Plan, the applicant shall be required to: ■ Pay for the backbone infrastructure and community facilities that are required to serve the project site. ■ The developer shall pay school fees prior to certificate of occupancy. ■ A project area Public Facilities Maintenance Assessment District shall be formed for the collection of assessment fees to finance the maintenance of all public facilities in the project area. Funds will be collected by the County Tax Collector and distributed to the City biannually. The City shall administer the funds and provide or contract for all maintenance activities. Conditions of Approval / Timing Responsibility Mitigatio Mitigation Monitoring Program /Monitoring n PS: Planning Services Measure BL: Business BS: Building Services 11505 Halcon Road License FD: Fire Department Woodridge Multi -Family Residential GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer Amendment to CUP 2004-0123 FI: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy Mitigation Measure 16.3: Development within the proposed project shall BP, GP PS, BS, CE 16.3 conform to all existing City of Atascadero standards set forth in the City's General Plan, Zoning Ordinance, Municipal Code, and Public Works Standards unless otherwise specified in the Specific Plan. Each phase of project development shall pay all required fees established by the City, including permit, school, plan check and impact fees, to mitigate all off site facilities impacts anticipated under the General Plan. A fiscal impact report is being prepared by David Taussig & Associates to evaluate the proposed project impacts on City services and shall be available prior to Planning Commission and City Council formal public hearing and project consideration or approval. Recommendations shall be reviewed by the Planning Commission and finalized in precise terms by the City Council to assure all project -related impacts are identified and mitigated prior to project approval. EXHIBIT B: Site Plan Condo 1 �� e • •• 1 •� units rental units J 'moi, ,rental Attachment 5 Draft PC Resolution 2008-0015 RESOLUTION PC 2008-0015 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING VESTING TENTATIVE TRACT MAP 2007-0100 TO ESTABLISHING 55 AIRSPACE CONDOMINIUM UNITS CONSISTENT WITH THE AMENDED MASTER PLAN OF DEVELOPMENT (CUP 2004-0123) ON APN 045-311-011 (11505 Halcon Road / Woodlands Atascadero, LLC) WHEREAS, an application has been received from Woodlands Atascadero, LLC. (P.O. Box 4013, San Luis Obispo, CA 93403), applicant and property owner, to consider a project consisting of a multi -family apartment and condominium development located at 11505 Halcon Road (APN 045-311-011); and, WHEREAS, the site's General Plan Designation is HDR (High -Density Residential); and, WHEREAS, the site's current zoning district is SP -1 (Specific Plan No. 1); and, WHEREAS, the site's specific plan designation is for 100 multi -family residential units; 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 application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on February 19, 2008, studied and considered Tentative Tract Map 2007- 0100 (Tract 2937). NOW, THEREFORE, the Planning Commission takes the following actions: Section 1. Findings of Approval for Tentative Tract Map, the Planning Commission of the City of Atascadero finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The proposed subdivision, as conditioned, is consistent with the amended Master Plan of Development (CUP 2004-0123). 4. The site is physically suitable for the type of development proposed. 5. The site is physically suitable for the density of development proposed. 6. 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. 7. 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. 8. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. 9. The Tentative Map conforms to the requirements of the Specific Plan. 10. The Tentative Map is consistent with any relevant/required mitigation measures adopted by the Mitigated Negative Declaration, as certified by the City Council. 11. The Tentative Map is consistent with this Plan as adopted and therefore, additional environmental review under CEQA is not required (CEQA Guidelines Section 15182, Public Resources Code 21083, California Government Codes 65453). 12. The Woodlands will incorporate an Inclusionary Affordable Housing Plan which will comply with the intent of current City of Atascadero Inclusionary Housing policies. 13. As a condition of the Tentative Map approval, prior to Final Map recordation the applicant shall enter into a legal agreement with the City to reserve half of the for - sale dwelling units in the MFR districts for sale to residents or workers within the City of Atascadero. 14. As a condition of the Tentative Map approval, prior to Final Map recordation, the applicant shall provide a detailed cost analysis and breakdown of all maintenance required and the amount to be billed to each property annually. The analysis shall include scheduled maintenance including slurry seals, overlays, etc. The analysis shall include administrative fees. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on May 18, 2008, resolved to approve Vesting Tentative Tract Map (TTM 2004-0047) subject to the following: 1. Exhibit A: Vesting Tentative Tract Map 2007-0100 2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program. 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: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Vesting Tentative Tract Map 2004-0047 Exhibit B: Conditions of Approval and Mitigation Monitoring Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 11505 Halcon Road BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2004-0047 Permit BP: Building FD: Fire Department PD: Police Permit Department FI: Final CE: City Engineer Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy Planning Services 1. The approval of this application shall become final, subject to the FM PS completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Tract Map shall be valid for two years after FM PS 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 Tract Map shall be subject to additional fees for park or recreation FM PS purposes (QUIMBY Act) as required by City Ordinance. 5. The granting of this entitlement shall apply to the property located at On going PS APN 045-311-011 regardless of owner. 6. 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. 7. 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. 8. The project shall adhere to the maximum density permitted by the FM PS General Plan and Woodlands Specific Plan. 9. The tot lot play amenity shall include a commercial -grade swing set, FM PS slide, climbing apparatus or similar equipment on a soft surface designed for the safety and enjoyment of young children. The tot lot shall include pedestrian connection from nearby sidewalks and/or housing areas and shall include durable seating arrangements for Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 11505 Halcon Road BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2004-0047 Permit BP: Building PD: Poe Department Permit Department FI: Final CE: City Engineer Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy adults and children. Tot lot shall be landscaped and include shade trees. The tot lot shall be open and accessible and not be fenced. 10. Affordable Deed -Restricted Housing: Affordable residential units shall FM PS be reserved as deed restricted affordable units for a 30 -year period per the Woodlands Specific Plan affordable housing plan. The project shall provide the following: a. Two (2) Very Low Income Apartments; b. Five (5) Low Income Apartments; c. Eight (8) Moderate Income Apartments; d. In -lieu fees using 5% of the building valuation for five (5) apartment units. All units shall be evenly distributed throughout the multi -family residential complex, subject to staff approval. Building Services 11. A soils investigation prepared by a licensed Geotechnical Engineer FM PS, BS, CE is to be provided for the project. The report is to be provided at the time of building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. Fire Marshal BP FM 12. A 13 R Sprinkler system will be required. BP FM 13. Fire lane signage shall be submitted to the fire department for review BP FM and approval with on and off-site improvement plans. 14. Note approved address signage is to be provided. BP BS City Engineer Standard Conditions 15. 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. 16. 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. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 11505 Halcon Road BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2004-0047 Permit BP: Building PD: Poe Department Permit Department FI: Final CE: City Engineer Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy 17. The Subdivision Improvement Agreement shall record concurrently GP, BP CE with the Final Map. 18. A six (6) foot Public Utility Easement (PUE) shall be provided GP, BP CE contiguous to the property frontage. 19. 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. If, after all reasonable attempts and diligent efforts, the Applicant is still unable to gain a landowner's consent to any required acquisitions, offers of dedication, easements, rights of way and/or rights of entry, the City shall lend the Power of Eminent Domain, or take other action, as a final solution. 20. Slope easements shall be obtained by the applicant as needed to GP, BP CE accommodate cut or fill slopes. 21. Drainage easements shall be obtained by the applicant as needed GP, BP CE to accommodate both public and private drainage facilities. 22. A preliminary subdivision guarantee shall be submitted for review in GP, BP CE conjunction with the processing of the tract map. 23. The Final Map shall be signed by the City Engineer prior to the GP, BP CE map being placed on the agenda for City Council acceptance. 24. Prior to recording the Tract Map, the applicant shall pay all GP, BP CE outstanding plan check/inspection fees. 25. Prior to recording the map, the applicant shall bond for or complete GP, BP CE all improvements required by these conditions of approval. 26. Prior to recording the Tract Map, the applicant shall bond for or set GP, BP 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. 27. Prior to recording the tract map, the applicant shall submit a map GP, BP 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. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 11505 Halcon Road BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading services TTM 2004-0047 Permit BP: Building PD: Poe Department Permit Department FI: Final CE: City Engineer Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy 28. All existing and proposed utility, pipeline, open space, or other GP, BP CE easements are to be shown on the final/parcel map. If there are building or other restrictions related to the easements, they shall be noted on the final/parcel map. The applicant shall show all access restrictions on the final/parcel map. 29. Prior to recording the Tract Map, the applicant shall have the map GP, BP 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. 30. 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. City Engineer Site Specific Conditions Drainage: GP, BP CE 31. Provide for the detention and metering out of developed storm runoff so that it is equal to or less than undeveloped storm runoff. 32. Drainage basins shall be designed to desilt, detain and meter storm GP, BP CE flows as well as release them to natural runoff locations. 33. The drainage basins shall be landscaped with native plantings. GP, BP CE 34. A mechanism for funding and maintenance of the storm drain GP, BP CE facilities shall be provided. 35. Show the method of dispersal at all pipe outlets. Include GP, BP CE specifications for size & type. 36. Show method of conduct to approved off-site drainage facilities. GP, BP CE 37. 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. 38. Applicant shall submit erosion control plans and a Storm Water GP, BP CE Pollution Prevention Plan (SWPPP). The Regional Water Quality Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 11505 Halcon Road BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2004-0047 Permit BP: Building PD: Poe Department Permit Department FI: Final CE: City Engineer Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy Control Board shall approve the SWPPP. General: 39. Prior to Final Map recordation, the applicant shall provide a GP, BP CE homeowners association or other approved mechanism for repair and maintenance of private streets, landscaping, drainage facilities, and other onsite facilities as necessary. 40. Prior to Final Map recordation, CC&R's shall be reviewed and GP, BP CE approved by the City Engineer and City Attorney. Traffic Mitigation: 43. ALL PUBLIC IMPROVEMENTS SHALL BE CONSISTENT WITH GP, BP CE THE CONDITIONS OF APPROVAL AND MITIGATION MEASURES FOR TRACTS 2525-1; 2525-2 AND TRACT 2608. 44. 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 45. Pedestrian facilities shall be constructed to connect the project to GP, BP CE Paloma Park. This shall include a safe pedestrian crossing, a paved path and pedestrian bridge across Paloma Creek. 46. A Class II bike path shall be installed to connect the project to EI GP, BP CE Camino Real. The bike path may consist of a Class I bike path through Paloma Park. 47. A mechanism to provide for the funding of maintenance for lighting, GP, BP CE street improvements, special paving surfaces, sewer, storm drain, common area landscape, open space, and hardscape shall be provided. Wastewater 48. ALL PUBLIC IMPROVEMENTS SHALL BE CONSISTENT WITH GP, BP CE THE CONDITIONS OF APPROVAL AND MITIGATION MEASURES FOR TRACTS 2525-1; 2525-2 AND TRACT 2608. Woodlands Specific Plan Mitigation Measures AESTHETICS: BP PS, BS, CE 1.c.1 Mitigation Measure 1.c.1: The following landscape mitigations shall apply: ■ Landscaping shall be provided to reduce visual impacts and enhance Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 11505 Halcon Road BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2004-0047 Permit BP: Building PD: Poe Department Permit Department FI: Final CE: City Engineer Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy neighborhood design. Where feasible, existing native vegetation shall be left undisturbed. Impacts to the natural landscape, including open space, oak woodlands, and naturalized grasslands, shall be minimized and revegetated with native species. ■ The project shall include landscaping of all common areas, including slopes, streetscapes, residential front yards, and street trees. ■ The project shall include entryway feature landscaping, median and parkway landscaping, multi -family common area landscaping, and trail staging area. ■ The proposed development shall provide a range of architectural styles consistent with the existing semi -rural character of Atascadero. ■ Approximately 54 acres of open space, which includes oak woodland, preserve, natural grassy areas, trail system, and native revegetated slopes and detention basins shall be preserved and maintained by the applicant with establishment of long-term maintenance agreement by the home -owners association, public facilities maintenance assessment district, or other city -approved mechanism. ■ Street trees shall be 15 -gallon size, double -staked and installed prior to occupancy of each unit. Street trees shall be selected to provide shade over paved areas and pedestrian pathways, reduce urban heat buildup, improve air quality, and provide visual unity to the streetscape. Mitigation Measure 1.c.2: The proposed development shall include the use BP PS, BS, CE 1.c.2 of earth -tone paint and roof colors designed to blend with the surrounding neighborhood and reduce the potential for reflected light and glare. Mitigation Measure 1.c.3: If the proposed project entry feature is BP PS, BS, CE 1.c.3 constructed, it shall include an externally illuminated natural stone -faced masonry wall with individual metal lettering and native planting at the base of the wall. Street lighting shall be low level, earth toned, and located in accordance with the site amenities plan. Mitigation Measure 1.c.4: Within the SFR -1 and SFR -2 Zoning District, BP PS, BS, CE 1.c.4 landscaping shall be included for private front yards as well as private rear yards with slopes exceeding ten (10) feet in height. Front yard landscaping shall be installed prior to occupancy of the units. In order to minimize the visual impact of fencing up and across tall uphill sloping rear yards, semi- transparent hillside fencing shall be installed consistent with the Specific Plan Hillside Fencing Standards. Mitigation Measure 1.c.5: Common area landscaping and gate/entry BP PS, BS, CE 1.c.5 landscaping features in the SFR -3 zoning district shall include natural stone - faced masonry material and individual metal lettering if signage is required, and native entry planting. Entry trees shall be selected to provide shade over paved areas and pedestrian pathways, reduce urban heat buildup, improve air quality, and provide visual unity to the streetscape. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 11505 Halcon Road BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2004-0047 Permit BP: Building PD: Poe Department Permit Department FI: Final CE: City Engineer Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy Mitigation Measure 1.c.6: Site development standards include landscaping BP PS, BS, CE 1.c.6 and fencing improvements for the SC -1 zoning district shall be compatible with the same underlying esthetic principles of the residential development and as follows: ■ Development shall avoid removal of existing native oak trees. ■ Development shall avoid impact to native oak trees, as feasible. ■ Grading into the hillside shall be minimized in order to reduce aesthetic impacts and native tree impacts. ■ Site development shall include a minimum 10 -foot wide native landscape planter between Halcon Road and any required perimeter fencing or wall parallel to Halcon Road. On-site native landscape screening shall also be provided parallel to the adjacent railroad tracks. ■ Any proposed perimeter fence or wall shall be of high quality design and of a material compatible with the design intent of the project Specific Plan. ■ Exterior lighting shall be minimal as described in condition 1.d.1. ■ Identification signage shall be incorporated into the project entry landscape in style and compatibility with the proposed project. Any sign lighting shall be low-level external lighting. Mitigation Measure 1.c.7: The Specific plan includes a range of architectural BP PS, BS 1.c.7 styles consistent with the existing semi -rural character of Atascadero. The architectural styles of the plan shall include Craftsman, Traditional, Monterey Ranch, California and Bungalow as conceptually illustrated within the Plan. Mitigation Measure 1.d.1: Exterior street lighting shall be limited to BP PS, BS, CE 1.d.1 intersection and parking lot locations and be designed to eliminate any off site glare. All street and parking lot exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. All other pedestrian luminaire pole heights shall not exceed 12 feet in height, and all street and parking lot lighting shall not exceed 16 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and shall otherwise be within a range of 0.6 foot candle minimum to 1.0 maximum. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. All light pole and fixture styles shall be consistent with the Specific Plan conceptual site amenities plan. In addition, individual exterior home -owner lighting shall be restricted through CC&R's and individual lot deed -restriction to prohibit high-intensity lighting in excess of one -foot candle, and shall be limited in fixture height to 10 feet, and shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. AIR QUALITY: BP, GP PS, BS, CE 3.b Mitigation Measure 3.b: Each development phase shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Conditions of Approval / Mitigation Monitoring Program 11505 Halcon Road Multi -Family Development - Master Plan of Development TTM 2004-0047 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services PD: Poe Department Department CE: City Engineer WW: wastewater CA: City Attorney Mitigation Measure Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. ■ Schedule 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 BP,GP PS, BS, CE 3.b 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. 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 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 11505 Halcon Road BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2004-0047 Permit BP: Building PD: Poe Department Permit Department FI: Final CE: City Engineer Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment before 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. BIOLOGICAL RESOURCES: BP, GP PS, BS 4.a.1 Mitigation Measure: 4.a.1: The applicant shall employ a qualified wildlife biologist to conduct on-site focused surveys for the burrowing owl immediately prior to site disturbance. Results shall be submitted to the City of Atascadero and CDFG if necessary. If this species is found during the survey, site work shall not proceed without specific direction from the CDFG. If the burrowing owl is noted to be present within proposed development areas during the above-mentioned survey, the CDFG may not allow construction/site disturbance to proceed until the owl(s) have vacated the burrow. Mitigation Measure: 4.a.2: To avoid a take of active raptor nests, all BP, GP PS, BS 4.a.2 necessary tree removals should be conducted between mid-September and mid-February, outside of the typical breeding season. If tree removals are determined to be necessary during the typical breeding season, a qualified biologist prior to proposed development activities should conduct a raptor nest survey. The results of the raptor nest survey should then be submitted to CDFG, via a letter report. If the biologist determines that a tree slated for removal is being used for nesting at that time, disturbance should be avoided until after the young have fledged from the nest and achieved independence. If no nesting is found to occur, necessary tree removal could then proceed. Mitigation Measure: 4.a.3: To the extent feasible, avoid all ground BP, GP PS, BS 4.a.3 disturbance activities within woodland and grassland habitats during the typical breeding and nesting period for Loggerhead shrike. Breeding and nesting of this species may commence as early as March, and extends into July and August. If construction activities cannot be avoided during the typical breeding season, retain a qualified biologist to conduct a pre - construction survey to determine presence/absence of nesting loggerhead shrike, and other special -status species with potential to nest in the various habitats of the Woodland property. If no breeding or nesting activities are detected near the proposed work areas, construction activities may proceed. If active nests are found within proposed work areas, construction should be avoided until after the young have fledged from the nest and achieved independence, or upon approval from CDFG. Mitigation Measure: 4.a.4: To avoid direct disturbance of individual Pallid BP, GP PS, BS 4.a.4 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 11505 Halcon Road BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2004-0047 Permit BP: Building PD: Poe Department Permit Department FI: Final CE: City Engineer Inspection WW: wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy Bats, retain a qualified wildlife biologist to inspect larger trees for the bats as well as other bat species, prior to tree removal. If a specific tree is found to occupy bats, the planned tree removal shall not proceed without direction from the CDFG. Tree removal should only be conducted after the bats have dispersed and under the supervision of a qualified wildlife biologist. Mitigation Measure: 4.a.5: The applicant shall employ a qualified wildlife BP, GP PS, BS 4.a.5 biologist to conduct on-site focused surveys for American badger immediately prior to site disturbance. Results of the survey shall immediately be submitted to the City Of Atascadero, and CDFG as necessary. If active burrows of this species are found within proposed development areas during the survey, site work shall not proceed without direction from CDFG. If American badger is noted to be present within proposed development areas during the above-mentioned survey, construction/site disturbance should not proceed until the animal has vacated the identified burrow. Mitigation Measure: 4.b.1: Prior to final design, the precise locations of the BP, GP PS, BS 4.15.1 ephemeral drainages should be surveyed to determine the extent to which these drainages will be disturbed by proposed construction. Mitigation Measure: 4.b.2: To minimize the potential for indirect GP PS, BS, CE 4.b.2 disturbances of drainages located both on-site and off-site, implement appropriate erosion control measures during construction and limit ground disturbance activities to dry weather to avoid increased surface water runoff and erosion on site, and sedimentation in nearby drainages. Install appropriate erosion control devices down-slope of each construction zone and areas experiencing disturbance of the ground surface. Erosion control devices should be checked on a daily basis to ensure proper function. Mitigation Measure 4.e.1: The 54 acres of proposed opens space shall be GP PS, BS 4.e.1 dedicated to permanent open space with uses restricted to recreation as identified in the Specific Plan, including tot lot location, interpretive trails, trail staging, fencing, and required management/maintenance for fire prevention, public health and safety, and pedestrian trail access. Mitigation Measure 4.e.2: All native trees removed (currently estimated at GP PS, BS 4.e.2 1,321) shall be replaced and maintained to establishment by planting trees from the arborist's approved list on a one to one ratio. In addition to the replacement trees, the applicant shall plant a minimum of 20 Foothill Pine trees in appropriate open space locations. Replanting plans shall be part of the subdivision tract improvements. Mitigation Measure 4.e.3: The project shall comply with the City of GP PS, BS 4.e.3 Atascadero native Tree Ordinance with payment into the native tree fund of $155,350 and replanting of 1,321 five -gallon size native trees, or a combination of five -gallon and larger size trees credited per the native tree ordinance. The fund payment and number of trees planted may vary but shall be compliant with the tree preservation ordinance. Mitigation Measure 4.e.4: The developer shall contract with a certified BP, GP FO, BP, GP, 4.e.4 arborist during all phases of project implementation. The certified arborists FI Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 11505 Halcon Road BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2004-0047 Permit BP: Building PD: Poe Department Permit Department FI: Final CE: City Engineer Inspection WW: wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy 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, and the 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. The root zone equals 1 - foot radius for every 1 inch of tree trunk diameter. For any trees requiring tree trunk protection, 2" x 4" x 8 foot boards shall be wired together and placed around the tree trunk. (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 of any development phase 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.5: The building permit site plan shall identify all BP, GP PS, BS 4.e.5 protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan, dated 2/27/03. Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan and/or as recommended by the project arborist. Mitigation Measure 4.e.6: The following cut & fill slope restoration is BP, GP PS, BS 4.e.6 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 11505 Halcon Road BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2004-0047 Permit BP: Building PD: Poe Department Permit Department FI: Final CE: City Engineer Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy required ■ Refer to tree protection plan dated 2/27/03 for planting specifications, sequence and procedures. ■ Temporary plant irrigation shall be installed to adequately water plantings for a period of not less than three years. ■ All cut and fill slopes shall be hydro mulched with a California native blend of flowers and grasses, subject to City approval. ■ Tree species shall include: Quercus agrifolia, Quercus douglasii, Quercus lobata, Umbellularia californica, Platnus racemosa, and Pinus sabiniana. ■ Shrub species shall include Heteromeles arbutifloia, Rhamnus californica, ■ Prunus ilicifolia, and Ceanothus `Dark Star'. CULTURAL RESOURCES: GP BS 5.b.1 Mitigation Measure 5.b.1: Should any cultural resources be unearthed during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. GEOLOGY AND SOILS: GP PS, BS, CE 6.b.1 Mitigation Measure 6.b.1: The project shall incorporate the recommendations contained within the Geo Solutions soils report dated 11/3/02. GP PS, BS, CE 6.b.2 Mitigation Measure 6.b.2: The Building Permit Application plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.b.3: All cut and fill slopes shall be treated with an GP PS, BS, CE 6.b.3 appropriate erosion control method (erosion control blanket, hydro -mulch, or straw mulch appropriately anchored) immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6.c.d: A site-specific soils report shall be required to be BP, GP PS, BS, CE 6.c.d submitted with future building permits for each development phase by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for occupants and buildings. HAZARDS AND HAZARDOUS MATERIALS: TO, FI PS, BS, FD 7.h Mitigation Measure 7.h: Due to the site location within an oak woodland area, the project shall include an ongoing maintenance program that will clear combustible debris and vegetation from structures within any public or private open space areas per the City of Atascadero Fire Department standards. The project applicant, shall provide the initial maintenance, and the ongoing maintenance responsibility shall be incorporated into the Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 11505 Halcon Road BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2004-0047 Permit BP: Building PD: Poe Department Permit Department FI: Final CE: City Engineer Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy establishment of a long-term maintenance agreement by the homeowners association, CC&R's, public facilities maintenance assessment district, or other city -approved mechanism. HYDROLOGY AND WATER QUALITY: GP PS, BS, CE 8e.f.1 Mitigation Measure 8e.f.1: A Storm Water Pollution Prevention Plan (SWPPP)/Erosion Control Plan shall be submitted by the applicant and approved by the RWQCB and the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for ensuring that GP PS, BS, CE 8.e.f.2 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 8.e: The proposed storm drain system, including the GP, BP BS, CE 8.e on-site drainage basins, shall be designed per the City of Atascadero Engineering standards, subject to review and approval of the City Engineer. LAND USE: BP PS 9 Mitigation Measure 9: Approval of a Conditional Use Permit with a Master Plan of Development shall be required for the multi -family development with a finding for exceptionally high design and construction quality prior to application for the nine multi -family bonus units. NOISE: GP, BP PS, BS, CE 11.a.b.1 Mitigation Measure 11.a.b.1: The dwelling units shall be oriented so that the building construction may act as a noise barrier on the east side of the proposed Woodlands development, specifically for lots 124-143, in order to intercept transportation noise from Union Pacific Railroad, as feasible. Mitigation Measure 11.a.b.2: Soffit vents, eave vents, dormer vents and BP PS, BS, CE 11.a.b.2 other wall and roof penetrations shall be located on the walls and roofs facing away from the noise source wherever possible. Mitigation Measure 11.a.b.3: The walls of critical living spaces, such as BP PS, BS, CE 11.a.b.3 living rooms, lounges, bedrooms, dens, and habitable spaces on second floors of dwelling units nearest the noise source shall have wall construction with an S.T.C. (Sound Transmission Class) rating of 30 or greater. Common acoustic leaks, such as electrical outlets, pipes, vents, ducts, flues and other breaks in the integrity of the wall, ceiling or roof construction on the side of the dwellings nearest transportation noise sources shall receive special attention during construction. All construction openings and joints on Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 11505 Halcon Road BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2004-0047 Permit BP: Building PD: Poe Department Permit Department FI: Final CE: City Engineer Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy the walls on the noise facing side of the site shall be insulated, sealed and caulked with a resilient, non -hardening caulking material. All such openings and joints shall be airtight to maintain sound isolation. Mitigation Measure 11.a.b.4: To meet the interior LDN 45 DBA BP PS, BS, CE 11.a.b.4 requirements, windows for critical habitable spaces and for habitable spaces in a second floor of affected units facing the noise source shall be a double - glazed construction with one light of laminated glass, and installed in accordance with the recommendations of the manufacturer. The windows shall be fully gasketed, with an S.T.C. rating of 30 or better, as determined in testing by an accredited acoustical laboratory. Mitigation Measure 11.a.b.5: All construction activities shall comply with the BP, GP PS, BS, CE 11.a.b.5 City of Atascadero Noise Ordinance for hours of operation. Failure to comply with the noise ordinance may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director, and in addition to penalties identified in the Ordinance. PUBLIC SERVICES: (Refer to Conditions 27 and 28) PS 13 Mitigation Measure 13: A draft Fiscal Impact Report and fiscal impact recommendations to reduce any fiscal impacts to an insignificant level related to the proposed project is being prepared in consultation with City staff and shall be available for public review prior to consideration at both the Planning Commission and City Council public hearings. Recommendations shall be reviewed by the Planning Commission and finalized in precise terms by the City Council to assure all project -related impacts are identified and mitigated prior to project approval. RECREATION: BP PS, BS 14 Mitigation Measure 14: The project shall include an additional tot lot within the proposed multi -family zoning designation. Both the staging area and multi -family tot lots shall at a minimum include different variations of commercial -grade swing set, slide, climbing apparatus or similar equipment on a soft surface surrounded by decorative theme fencing designed for the safety and enjoyment of young children. The tot lots shall include pedestrian connection from nearby sidewalks and/or housing areas and shall include durable seating arrangements for adults and children. Tot lots shall be landscaped and include shade trees be planted within and around each tot lot. TRANSPORTATION/TRAFFIC: BP, CE PS, CE 15.1 Mitigation Measure 15.1: Prior to Planning Commission and City Council formal public hearing for the proposed project: 1. City Engineer shall review and approve project circulation impacts recommended mitigation measures (as recommended by Omni -Means traffic study and the City Engineer) and equitable share. No turning restrictions shall be applied to the San Antonio/Santa Barbara intersection as project -specific mitigation. Refer to project Condition #63 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 11505 Halcon Road BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2004-0047 Permit BP: Building PD: Poe Department Permit Department FI: Final CE: City Engineer Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy or TTM #49 for specific measures. 2. Project mitigation measures and phasing schedule for the construction of the improvements shall be reviewed and approved by the City Engineer. Mitigation Measure 15.2: Per the Atascadero Municipal Code 9.4160 (a) BP, CE PS, CE 15.2 (Streets), "The project shall also provide well -paved city standard access roads from a collector or arterial to the subdivision and repair existing under - paved or poor -condition interior or frontage roads". The General Plan Circulation Element lists the route of Halcon Road/Viejo Camino/Santa Barbara Road to EI Camino Real as a circulation improvement needed. Based on these sections of the municipal code and the General Plan, this project shall be required to perform the following improvements on the route from the project entrance to EI Camino Real: ■ Widen, stripe, and improve the route to Engineering Standard 403 "Rural Collector". ■ Overlay the route with two-inch minimum asphalt surface. Mitigation Measure 15.3: The project shall provide a Class II bicycle lane to BP, CE PS, CE 15.3 connect the development to the existing bicycle routes at EI Camino Real/Viejo Camino. UTILITIES AND SERVICE SYSTEMS: BP, GP PS, BS, CE, 16.1 CA Mitigation Measure 16.1: Development with the project site area shall require connection to the City's future sewer system mainline extension included in the City's Sewer Master Plan. The applicant shall design and install the on-site mainline. For reimbursement and maintenance, refer to the project Specific Plan implementation section. The extension will run from the sewer treatment plant south to Halcon Road. The mainline shall be designed and built with capacity to accommodate development with the proposed project as well as new development in the area and existing uses as identified by the City of Atascadero. The proposed line serving development along the easterly project site will require a private on-site wastewater (duplex pumps) pumping station. Provisions for the repair and maintenance of the pump station shall be included in the project CC&R's, subject to the City Engineer and City Attorney approval. Design criteria for the sewer collection system shall conform to the City of Atascadero Standards Mitigation Measure 16.2: Per the implementation section of the project BP, GP PS, BS, CE 16.2 Specific Plan, the applicant shall be required to: ■ Pay for the backbone infrastructure and community facilities that are required to serve the project site. ■ The developer shall pay school fees prior to certificate occupancy. ■ A project area Public Facilities Maintenance Assessment District shall be formed for the collection of assessment fees to finance the maintenance of all public facilities in the project area. Funds will be collected by the County Tax Collector and distributed to the City biannually. The City shall administer the funds and provide or contract for all maintenance activities. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 11505 Halcon Road BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2004-0047 Permit BP: Building PD: Poe Department Permit Department FI: Final CE: City Engineer Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy Mitigation Measure 16.3: Development within the proposed project shall BP, GP PS, BS, CE 16.3 conform to all existing City of Atascadero standards set forth in the City's General Plan, Zoning Ordinance, Municipal Code, and Public Works Standards unless otherwise specified in the Specific Plan. Each phase of project development shall pay all required fees established by the City, including permit, school, plan check and impact fees, to mitigate all off site facilities impacts anticipated under the General Plan. A fiscal impact report is being prepared by David Taussig & Associates to evaluate the proposed project impacts on City services and shall be available prior to Planning Commission and City Council formal public hearing and project consideration or approval. Recommendations shall be reviewed by the Planning Commission and finalized in precise terms by the City Council to assure all project -related impacts are identified and mitigated prior to project approval. ITEM NUMBER: 3 DATE: 2-19-08 Atascadero Planning Commission Staff Report - Community Development Department PLN 2007-1256 13545 Old Morro Road Oversized Garage (Davis) SUBJECT: The proposed project consists of a Conditional Use Permit to allow an oversized garage which exceeds 50% of the size of the main residence. RECOMMENDATION: Staff Recommends: Adopt Resolution PC 2008-0016 approving Conditional Use Permit 2007-0220 (PLN 2007-1256) based on findings and subject to Conditions of Approval. SITUATION AND FACTS: 1. Owner/ Applicant: Robert Davis 13545 Old Morro Road, Atascadero, CA 93422 2. Project Address: 13545 Old Morro Road, Atascadero, CA 93422 (San Luis Obispo County) APN 055-311-009 3. General Plan Designation: Rural Estate 4. Zoning District: Residential Suburban 5. Site Area: 4.92 acres 6. Existing Use: Single -Family Residence 7. Environmental Status: Exempt per CEQA Section 15303: New Construction or Conversion of Small Structures DISCUSSION: Background Land Use and ,sidential Suburban )sidential Suburban ;sidential Suburban .sidential Suburban The project location is zoned Residential Suburban. The project site is 4.92 acres and is currently developed with a 796 sq. ft. single-family residence, and an existing storage shed. ANALYSIS: The Atascadero Municipal Code limits the size of accessory structures to 50% of the size of the main residence. Section 9-6.106 of the Municipal Code allows detached accessory structures that exceed the 50% size requirement with the approval of a Minor Conditional Use Permit. 9-6.106 Residential accessory uses. "Floor Area. The gross floor area of a detached accessory structure is not to exceed fifty percent (50%) of the gross floor area of the principal structure." "Detached accessory structures that exceed size requirements are subject to the approval of a minor conditional use permit. " The main residence on the property is 796 square feet, and therefore a Conditional Use Permit approval is required in order to permit any accessory structure over 398 square feet. The new garage is proposed at 626 square feet, which is allowed with Planning Commission approval. A one-story floor plan is proposed. The design is residential in character and includes two garage bays. The garage is proposed in the location of the existing the shed which is proposed for removal. The grade would be built up under the garage to create a level area. Approximately 5 cubic yards of fill would be required to level the approach from the existing driveway to the garage doors. An arborist report has been included with the project proposal. No trees are proposed for removal. Six live oaks would be impacted up to 25% by the construction of the garage. Tree protection fencing will be installed. Arborist monitoring will be required on trees 7 and 8. Findings Conditional Use Permit A Conditional Use Permit is required for granting of the requested additional square footage for the detached garage structure. The Planning Commission must make the following findings to approve the oversized garage. If the Commission chooses to deny the project, site specific findings for denial must be sited. 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 Rural Estate designation of the General Plan and the Appearance Review Manual. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). Staff Comment: As conditioned, the project satisfies all zoning code provisions related to single-family development with Planning Commission approval of the exception, including size and location. 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 development will not be detrimental to the general public or working persons 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 project is consistent with the surrounding neighborhood uses and development on sloped sites. 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 project and use is consistent with the traffic projections and road improvements anticipated within the General Plan. 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. Proposed Environmental Determination The proposed project qualifies as Exempt per CEQA Section 15303. A Class 3 Categorical Exemption exempts new construction or conversion of small structures, including garages. Conclusion The proposed project consists of a Conditional Use Permit to allow an oversized garage. The main residence on the property is 796 square feet, and therefore a Planning Commission approval is required in order to permit the proposed 626 square foot detached garage because it exceeds 50% of the size of the main residence. As described in the preceding sections, the project appears to meet all of the requirements for Planning Commission approval. ALTERNATIVES: 1. The Commission may approve the request for a Conditional Use Permit. 2. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. 3. The Commission may deny the request 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. PREPARED BY: Callie Taylor, Associate Planner ATTACHMENTS: Attachment 1: Location Map, General Plan and Zoning Attachment 2: Categorical Exemption Attachment 3: Arborist Report Attachment 4: Draft Resolution PC 2008-0016 Attachment 1: Location Map, General Plan and Zoning Project Site 13545 Old Morro Road General Plan Designation: Rural Estate Zoning District: Residential Suburban ATTACHMENT 2: Categorical Exemption ea. . CITY OF ATASCADERO NOTICE OF EXEMPTION 6907 El Camino Real Atascadero, CA 93422 805.461.5000 TO: Z File fvr filing FROM: City of Atascadero Community Development Department 6907 El Camino Real COMh4UNlTY MENT Atascadero, CA 93422 SUBJECT; Filing of Nolice of Determination in Compliance with Section 21152 of the Public Resources Code Project Tille CUP 2007-0.220 /PLN 2007-1256 Project Location (Include County} 13545 Ofd Morro Road, Atascadero, CA 93422 (San Luis Obispo County) Proiect Description Minor Conditional Use permit for a garage which exceeds 50% of the size of the wain residence. The main residence is 796 sq ft, and the new garage is proposed at 626 sq. fr. Section 9-6.106 of the Municipal Code allows detached accessory structures that exceed size requirements subject to the approval of a Minor Conditional Use Permit. Name of Public Agency Approving Project City of Atascadero Name of Person or Agency Carrying Out Project Robert Davis, 13541 Old Morro Road, Atascadero, CA 93422 Exempt Status; Ministerial (Sec. 21080 (b)(1); 15268) ❑ Declared Emergency (Sec. 210$0(6)(3); 15269(a)) ❑ Emergency Project (Sec.21080 (b)(4); 15269(b)(c)) Categorical Exemption (Sec. 15303 (e), New Construction or Conversion of Small Structures) Reasons why project is exempt: Class 3 of the California Environmental Quality Act (CEQA) (Section 15303, New Construction or Conversion of Small Structures) exempts construction and location of limited numbers of new, small facilities or structures, including accessory structures such as garages and carports. Date: February 12, 2008 Cal -lie Taylor Associate Planner ATTACHMENT 3: Arborist Report P.O. Bolt 1311 TEMPLETON, CA 83455 {805} 434-013, C, October 31, 2007 Robert Davis 8349 Old Morro Road Atascadero, CA 93422 Re; Tree Protection Plan for New Garage located at 8349 Old Morro Road Atascadero, CA. 93422 This Tree Protection Plan is for the location stated above. The development will be impacting ten native oak trees, all are live oaks (Quercus agrifolia). No native trees are being requested for removal. In order to make certain that all parties understand the content of this tree protection plan it is recommended that a mandatory pre -construction meeting with the Property Owner, General Contractor, City Planning Department, Grading Contractor and Arborist, take place before the construction start date. It is the responsibility of the owner to provide a copy of this tree protection plan to any and all contractors and subcontractors that work within the drip line of the native trees. It is highly recommended that each contractor sign and acknowledge this tree protection plan. Grading and trenching within the tree protection fencing area using a backhoe or other equipment may be done if the Arborist or Arborist representive is present monitoring the grading and trenching. The trees 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 yetlow tape. Tree Rating System A rating system of 1-] 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 loor I Evieece 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 W 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. 5 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. 14 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: Will not be necessary for this project. 2. Trenching Within Drip Line: All trenching within the drip line of native trees shall be hand dug, augured or bored (for utilities). All major roots shall be avoided whenever possible. All exposed roots larger than V in diameter shall be clean cut with sharp pruning tools and not left ragged. A Mandatory meeting between the arborists and grading contractor(s) must take place prior to work start. 3. 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. 4. 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. 5. Existing Surfaces: The existing ground surface within the drip line of all oak trees shall not be cut, filled, compacted or pared, unless shown on the grading plans and approved by the arborist. 6. 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. 7. 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 cor nous but observational at times during _ se activities. It is the responsibility of the owner(s) or their designee to inform us prior o 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 • All driveway construction activities • Tree removal operations S. Pare -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) may 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. 9. Utility Placement: All utilities shall be placed down the road/driveway 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. 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 j LU \ / \ / ? ) � �2 � / , k�& w w& w w w w w w O 2 2 2 2 2 2 2 2 2 2 2 :Z) u 0 0 0 0 0 0 0 0 0 0 IZD ix 0 2 2 2 2 2 2 2 2 2 2 k / c _ ��/ z� z zƒ z z z m m$� _ \ §CD 2 2 2 2 2 2��� 2 \ \ � \ } ( = o �/ \ o c ƒ i � � � � � 3 5 LD � � � � � U- � § z a § � \ e� ©2 ƒ c / SI k e # 5 s / w ® & & & w w - / ® o i / 2« Q �� U v U� { 6 & k ( P o 0 E B 2 2 2 2 2 7 % § § C) Off 0 0 0 § / LU § ; ) / \ � } u I $� o 0 0�� K g q� o / 0 F- U) \ \ - - - - - - - - - - oR om ) 0 : \ w� cl ƒ 3 � # 'it � §/ `{ w§ /L) \/\ = ! � 2 2 � � � # = m # # � � t -[ §! 2 2 w ) § } } # 3 a 6 § § I k 0 0 0 0 0 0 000 0( 2 \ & ( ) a / ! § > ƒ m / § / k [ k LU : # � " q IT LOto r-� a)� ATTACHMENT 4: Draft Resolution PC 2008-0016 DRAFT RESOLUTION PC 2008-0016 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2007-1256 / CONDITIONAL USE PERMIT 2007-0220 ON APN 055-311-009 13545 Morro Road (Davis) WHEREAS, an application has been received from Robert Davis, 13545 Morro Road, Atascadero, CA 93422, (Applicant and Property Owner) to consider a project consisting of a Conditional Use Permit for an oversized detached garage (2007-0220); and, WHEREAS, the site's General Plan Designation is RE (Rural Estate); and, WHEREAS, the site's current zoning district is RS (Residential Suburban); and, WHEREAS, a Conditional Use Permit is required to allow an accessory structure larger than 50% of the primary structure's square footage; and, WHEREAS, the proposed project qualifies for an Categorical exemption consistent with CEQA section 15303 New Construction or Conversion of Small Structures; 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 entitlements; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on February 19, 2008, studied and considered Conditional Use Permit 2007- 0220; 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 3, Section 15303 of the California Environmental Quality Act. SECTION 2. Findings for approval of oversized garage. 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 February 19, 2008, resolved to approve Conditional Use Permit 2007-0220 to, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT C: Floor Plan EXHIBIT D: Elevations & Sections 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: ( ) ABSTAIN: 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 2007-0220) Conditions of Approval / Timing Responsibility Mitigation Monitoring Program /Monitoring PS: Planning Services BL: Business License BS: Building Services 13545 Morro Rd. GP: Grading Permit FD: Fire Depadment PLN 2007-1256/CUP 2007-0220 BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney Planning Services 1. This Conditional Use Permit shall be for an oversized garage located on BP PS parcel 055-311-009 regardless of owner. 2. The approval of this use permit shall become final and effective for the BP PS purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority to BP PS, CE approve the following minor changes to the project that (1) modify the site plan project by less than 10%, and/or (2) result in a superior site design or appearance. 4. Approval of this Conditional Use Permit shall be valid for twelve (12) months BP 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 building permit. 5. The applicant and/or subsequent owners shall defend, indemnify, and hold On going PS harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the proposed development. 6. All recommendations outlined in the arborist report by A&T arborists shall be BP PS followed during construction. Tree protection shall be installed prior to permit issuance. EXHIBIT B: Site Plan TO h MORRO SA \ MI5 L ��Q SIT �Q `c a r \\ o, s SITE PLAN ARJi ox.mo-ow i r=ra qac AooE NO 6RA l 6TO BE DONE &A Gt-_ TO BE BUTLT ON e6RADE TREE PROTECTION LEGEND; TREE PROTECTION FENCING ® ---- TREE NUMBER NOTE: TREES # 7 A 8 WHICH AR STRUCTURE HAVE CANOPY'S TH ABOVE 40' 6RASE (SEE SECTION LO. = LIVE OAK --- SPIECIES JC •-- TRUNK DIAMETER 3j9G>. EXHIBIT C: Floor Plan zoo' eeon e XO 6020 X0 x13 9/ 4x17 5�NF 02 >t a 3 Q ti 4 8 x 0 f N L Y ?+H O `e I` �d HCA 4 N 9'x7'9IX tA1 I S \ / 4 ® o' x r lou -v 0 WALL PANELS �- 1,1-Y10R WOO 0K OOLAPXY lI.fP1 LMCV40 KLRON 12'-0" 13'x' yyyy urrao•taanr OX 10'i 23201113 y.{ p<w.�a-•rrt •s.w ar was /� 5,r tlV7kRn STS1 O. We 23191141 Z 4.Ozws FLOOR PL/+.N SSTB21 IWOA 4fn h 1/4•al'O 2J 6/1' X IT AS Mp .n EXHIBIT D: Elevations & Sections EXHIBIT D: Elevations & Sections