HomeMy WebLinkAboutPC_2008-04-15_AgendaPacketCITY OF ATASCADERO
PLANNING COMMISSION AGENDA
Regular Meeting
Tuesday, April 15, 2008 — 7:00 P.M.
City Hall
Council Chambers
6907 El Camino Real
Atascadero, California
CALL TO ORDER
Pledge of Allegiance
Roll Call: Chairperson Fonzi
Vice Chairperson Slane
Commissioner O'Keefe
Commissioner Jack
Commissioner O'Grady
Commissioner Marks
Commissioner Heatherington
Chairperson will read the decorum guidelines
APPROVAL OF AGENDA
PLANNING COMMISSION BUSINESS
DISCLOSURE OF EX PARTE COMMUNICATIONS:
Prior to a project hearing Planning Commission Members must disclose any communications they have had on any
quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps,
Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning
Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity
to comment on the ex parte communication.
PUBLIC COMMENT
(This portion of the meeting is reserved for persons wishing to address the Commission on any matter not
on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes.
Please state your name and address for the record before making your presentation. The Commission may
take action to direct the staff to place a matter of business on a future agenda)
City of Atascadero Planning Commission Agenda
CONSENT CALENDAR
Regular Meeting April 15, 2008
Page 2 of 4
(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 MARCH 18, 2008.
2. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON APRIL 1, 2008.
3. APPROVAL OF TIME EXTENSION ON TENTATIVE PARCEL MAP 2003-00409
5516 TUNITAS AVE., (MAVERICK CONSTRUCTION/THINGER)
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 three minutes. After all public comments have been received, the public hearing will be closed, and the Commission
will discuss the item and take appropriate action(s).)
CONTINUED BUSINESS:
4. PLN 2008-1273, RITE AID DEVELOPMENT, 7045, 7055 EL CAMINO REAL
Property Owner:
Epsteen and Associates, 5034 Carpinteria Ave, Carpinteria, CA 93013
Project Title:
PLN 2008-1273 — Rite-Aid Development
Project
7045, 7055 EI Camino Real, Atascadero, CA 93422
Location:
APN 030-081-037, 041 (San Luis Obispo County)
Project
The proposed project consists of an application for a Conditional Use Permit (CUP) to
Description:
allow a new 17,340 square -foot Rite Aid development with drive-through pharmacy
and remodel of an existing 21,500 square -foot retail building. The Conditional Use
Permit will establish a Master Plan of Development for the site that will include all site
development and architectural standards for the project site. The proposed new
building and existing building are located within an existing shopping center at the
intersection of EI Camino Real and Highway 41 (Morro Road). The project takes
access off of EI Camino Real and Highway 41. No native trees are proposed for
removal.
General Plan Designation: General Commercial (GC)
Zoning District: Commercial Retail (CR)
Proposed
Based on the initial study prepared for the project, a Mitigated Negative Declaration is
Environmental
proposed. The proposed Mitigated Negative Declaration is available for public review
Determination:
at 6907 EI Camino Real, Community Development Department, from 8:00 a.m. to 5:00
p.m., Monday through Friday.
City of Atascadero Planning Commission Agenda
NEW BUSINESS:
Regular Meeting April 15, 2008
Page 3 of 4
5. PLN 2099-0904,6901,6905 EL CAMINO REAL, 6999 SANTA YSABEL AVE.,
COLONY SQUARE CUP 2004-0127 AND TTM 2005-0071 AMENDMENT
Property Owner:
James Harrison, Colony Square LLC, 205 E. Camarillo, Ste. 220, Santa Barbara, CA
93101
Project Title:
PLN 2099-0904, Amendment to CUP 2004-0127 & TTM 2005-0071
Project Location:
6901 & 6905 EI Camino Real, 6999 Santa Ysabel Ave., Atascadero, CA 93422
APN 029-361-018, 020, 022 (San Luis Obispo County)
Project
The proposed project consists of an Amendment to the lot configuration for Tentative
Description•
Tract Map 2005-0071 (Colony Square.) The proposed Amendment would create
separate lots over the roads and parking areas throughout the site. Modifications to the
project conditions of the Tentative Tract Map and the Conditional Use Permit are
proposed. The Master Plan of Development on the site would remain as originally
approved.
General Plan Designation: General Commercial (GC)
Zoning District: Commercial Retail (CR)
Proposed
Environmental
Consistent with Certified Mitigated Negative Declaration 2005-0020
Determination:
COMMISSIONER COMMENTS AND REPORTS
6. AIR POLLUTION CONTROL DISTRICT (APCD) PRESENTATION
The Air Pollution Control District will make a presentation regarding environmental
impacts related to drive-through commercial uses.
DIRECTOR'S REPORT
ADJOURNMENT
The next regular meeting of the Planning Commission will be on May 6, 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 April 15, 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 3 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: 4-15-08
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT MINUTES
Regular Meeting
Tuesday, March 18, 2008 — 7:00 P.M.
Chairperson Fonzi called the meeting to order at 7:02 p.m. and Commissioner
Heatherington led the Pledge of Allegiance
ROLL CALL
Present: Commissioners Heatherington, Jack, Marks, O'Grady, O'Keefe,
Slane and Chairperson Fonzi
Absent: None
Staff Present: Community Development Director Warren Frace, Public Works
Director / City Engineer Steve Kahn, Deputy Community
Development Director Steve McHarris, Senior Planner Kelly
Gleason and Administrative Assistant Annette Manier.
APPROVAL OF AGENDA
MOTION: By Commissioner Jack and seconded by Vice Chairperson
Slane to approve the agenda.
Motion passed 7:0 by a roll -call vote.
PLANNING COMMISSION BUSINESS
DISCLOSURE OF EX PARTE COMMUNICATIONS:
PC Draft Minutes 03/18/08
Page 1 of 6
■ Commissioner Marks stated he visited the Rite Aid site.
■ Chairperson Fonzi stated she visited the Rite Aid site.
■ Commissioner Jack stated he visited the Rite Aid site.
■ Commission O'Grady stated he visited the Rite Aid site.
PUBLIC COMMENT
None
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON FEBRUARY 19, 2008.
2. APPROVAL OF TIME EXTENSION ON TENTATIVE TRACT MAP 2001-0011
6340 ALCANTARA AVE. (RUSSELL).
MOTION: By Commissioner O'Grady and seconded by Commissioner
Jack to approve Item #1.
Motion passed 7:0 by a roll -call vote.
Item #2:
Community Development Director Warren Frace and Deputy Community Development
Director Steve McHarris answered questions of the Commission regarding Item #2.
Commissioner O'Grady stated this project has had three time extensions and in the five
years since the original project was approved the needs of the City have changed
significantly. For that reason, he would vote not to extend in the hope that this would
revert to a multi -family apartment development, which he believes is now in the best
interest of the City.
PUBLIC COMMENT
Loraine Russell, applicant, explained why she was asking for the time extension and
answered questions of the Commission.
Chairperson Fonzi closed the Public Comment period.
MOTION: By Commissioner O'Keefe and seconded by Commissioner
Marks to approve Item #2.
Motion passed 6:1 by a roll -call vote. (O'Grady opposed)
PC Draft Minutes 03/18/08
Page 2 of 6
COMMUNITY DEVELOPMENT STAFF REPORTS
PUBLIC HEARINGS
3. PLN 2008-1273, RITE -AID DEVELOPMENT, 7055 EL CAMINO REAL
Property Owner:
Epsteen and Associates, 5034 Carpinteria Ave, Carpinteria, CA 93013
Project Title:
PLN 2008-1273/CUP 2008-0223 — Rite-Aid Development
Project Location:
7055 EI Camino Real, Atascadero, CA 93422
APN 030-081-037 (San Luis Obispo County)
Project
The proposed project consists of an application for a Conditional Use Permit (CUP) to
Description:
allow a new 17,340 square -foot Rite Aid development with drive-through pharmacy
and remodel of an existing 21,500 square -foot retail building. The Conditional Use
Permit will establish a Master Plan of Development for the site that will include all site
development and architectural standards for the project site. The proposed new
building and existing building are located within an existing shopping center at the
intersection of EI Camino Real and Highway 41 (Morro Rd). The project takes
access off of EI Camino Real and Highway 41. No native trees are proposed for
removal.
General Plan Designation: General Commercial (GC)
Zoning District: Commercial Retail (CR)
Proposed
Based on the initial study prepared for the project, a Mitigated Negative Declaration is
Environmental
proposed. The proposed Mitigated Negative Declaration is available for public review
Determination:
at 6907 EI Camino Real, Community Development Department, from 8:00 a.m. to
5:00 .m., Monday through Fri day.
Senior Planner Kelly Gleason and Community Development Director Warren Frace
gave the staff report and with City Engineer Steve Kahn answered questions of the
Commission.
PUBLIC COMMENT
Tom Jess, applicant's representative and architect, introduced the design team, spoke
about the project, the importance of the drive-through, and answered questions of the
Commission.
Mike Hieshima, project developer, explained that in the past Rite-Aid controlled the
entire three acres of the development so that he had no ability to control maintenance
and other issues the Commission perceives as negatives on the site. However, through
this process his group has been able to gain control and improve the entire center and
this development. He further explained that they did their best with the requirements
placed on the project by Rite-Aid, and any change to what is being presented tonight
will require Real -Estate Committee approval from Rite-Aid and the chances of that
approval are about 50/50 at this time. Mr. Hieshima answered questions of the
Commission.
Chairperson Fonzi recessed the hearing at 8:55 p.m.
PC Draft Minutes 03/18/08
Page 3 of 6
Chairperson Fonzi called the meeting back to order at 9:00 p.m.
Joanne Main, President / CEO Chamber of Commerce, urged the Commission to pay
attention to the letters from two previous mayors of Atascadero encouraging Rite-Aid
and the new developers to improve the site. She stated the project would enhance the
corner and meets the City's goal of economic development.
Chairperson Fonzi closed the Public Comment period.
Commissioner Comments:
Vice Chairperson Slane
■ Supportive of this new project coming into Atascadero.
■ Understands some Commissioner's concerns regarding architecture, but likes
simplicity and provided the colors and fagade fits with the rest of the complex, he
does not have a problem with it.
■ Landscaping will soften the effect of the roofline.
■ The new building and changes to the old Rite-Aid building will improve the site and
be good for the community.
■ Given the economic times, this is an opportunity for the City to show it is supportive
of business.
■ Concerned with the monument signs, would like to see those eliminated and provide
more signage on the building.
Commissioner O'Keefe
■ Recognizes there are a lot of constraints on the site and a lot of thought has gone
into making the area better.
■ Her main concern is with the plainness of the architecture, primarily the roof, and for
this reason, she cannot support the project as this will be at the location for a long
time and she wants something that looks nice.
■ Issues of traffic movement and pedestrian access have been dealt with.
■ Signage should be addressed as it is excessive.
Commissioner O'Grady
■ This is an important site for the City and it is unrealistic for any project to get through
with only one Planning Commission review.
■ Would like the developer to present some of the issues raised by the Commission to
Rite-Aid and come back to the Commission for further discussion. The other
alternative would be to heavily condition the project, which could be turned down by
Rite-Aid. This would not be a good option, as he really supports a major
improvement to the site.
Commissioner Heatherington
■ This is an improvement to the area.
PC Draft Minutes 03/18/08
Page 4 of 6
■ She does not support drive-through's and would vote for the project tonight if there
were no drive-through component.
■ A drive-through would have to be offset by other major improvements for her to
support it.
■ Important for businesses to realize the sense of place in a community.
■ Not comfortable with being held hostage by Rite-Aid.
■ Wants to see this project go forward and making a few roofline changes shouldn't be
a significant change for Rite-Aid and would allow the store to fit into the community
better.
Commissioner Marks
■ Agrees with Commissioners O'Grady and Heatherington.
■ This Rite-Aid will be the gateway feature at Highway 101 for at least 20 years, and
he is not prepared to accept the architecture as it is.
■ A tiled / gabled roof will be essential.
■ Rite-Aid came to the City because it wants a drive-through, so the City has
something to offer them.
■ The best thing to do would be for Rite-Aid and the owner of the property to come
back with revised architecture.
Commissioner Jack
■ Does not want to take the chance that he would have to look at the existing blank,
gray concrete building for the next 23 years as the City's gateway. He would rather
look at the building that is being proposed, thought it does not have all the aesthetics
he would like it to have.
■ The project is a plus and will help the City develop its retail base and will tie into the
Colony Square project.
■ The project could be conditioned to accommodate many of the Commission's
concerns.
■ He can support the project.
Chairperson Fonzi
■ This is an improvement in increasing the depth of the commercial area along EI
Camino Real by adding an additional store in the front.
■ Agrees with eliminating the vast expanse of driveway, potholes and problems behind
the stores, trash, etc.
■ The additional landscaping is a plus for this gateway location.
■ Pedestrian access improvements are good.
■ As a whole this is a good project in many ways.
■ This is an important enough project that it should be continued and brought back
with alternative plans rather than take it to a vote tonight.
■ Believes there will be no site improvements without this store.
■ Would like to see one or two alternatives brought back for further consideration.
MOTION: By Commissioner O'Keefe and seconded by Commissioner
Marks to continue this and have staff work with the client with
PC Draft Minutes 03/18/08
Page 5 of 6
regard to architectural enhancements, specifically focusing on
the roof or to reduce the square footage of the signage. The
Commission is generally in favor of the project but has serious
concerns regarding the architecture, which can be improved.
Motion passed 7:0 by a roll -call vote.
COMMISSIONER COMMENTS AND REPORTS
Chairperson Fonzi reported on the meeting between the Mayor, Mayor Pro Tem and
Commission Chairs and Vice Chairs. Topics discussed included drive-through's, code
enforcement, and Commissioner comments in minutes. There was Commissioner
discussion regarding the topics covered in the meeting.
Chairperson Fonzi requested the name of the Planner writing a report be included on
the front page of a staff report.
Commissioner O'Grady complimented the Commissioners on their deliberations this
evening.
Commissioner Heatherington spoke about the importance of improving the corner under
discussion this evening and how she could balance the possibility of a drive-through at
that site if other improvements to this gateway location were considered.
DIRECTOR'S REPORT
Community Development Director Warren Frace reported on the Wal-Mart/Annex
project, the drive-through issue, Council changes to rules for public hearings, and
reviewed the agenda for the next Planning Commission meeting. Director Frace
answered questions of the Commission regarding Colony Square, the status of the
Historic City Hall repair, and the Printery.
ADJOURNMENT
Chairperson Fonzi adjourned the meeting at 9:48 p.m. to the next regularly scheduled
meeting of the Planning Commission on April 1, 2008.
MINUTES PREPARED BY:
Grace Pucci, Recording Secretary
PC Draft Minutes 03/18/08
Page 6 of 6
CALL TO ORDER
ITEM NUMBER: 2
DATE: 4-15-08
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT MINUTES
Regular Meeting
Tuesday, April 1, 2008 — 7:00 P.M.
Chairperson Fonzi called the meeting to order at 7:00 p.m. and Commissioner Marks
led the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Heatherington, Jack, Marks, O'Grady, O'Keefe,
Slane and Chairperson Fonzi
Absent: None
Others Present: Recording Secretary Grace Pucci
Staff Present: Community Development Director Warren Frace, Deputy
Community Development Director Steve McHarris, and Senior
Planner Kelly Gleason.
APPROVAL OF AGENDA
MOTION: By Commissioner Jack and seconded by Vice Chairperson
Slane to approve the agenda.
Motion passed 7:0 by a roll -call vote.
PLANNING COMMISSION BUSINESS
Chairperson Fonzi explained that the City Council has changed the Public Comment
period to a three minute time limit; however, the order of Public Comment on the
agenda can be changed by the Planning Commission for their meetings if they choose.
PC Draft Minutes 04/01/08
Page 1 of 4
There was Commission agreement to leave the Public Comment period in its current
location on the agenda.
DISCLOSURE OF EX PARTE COMMUNICATIONS:
■ Commissioner Jack stated he drove by the property in question for Item #2.
■ Commissioner O'Grady stated he lives one mile from the site for Item #2, and he
passes by the site quite frequently.
PUBLIC COMMENT
Joanne Main announced that the Atascadero Rotary club will dedicate the park horse
fitness station at Santa Rosa and Lakeview Drive this Friday at 4:00 p.m.
Chairperson Fonzi closed the Public Comment period.
CONSENT CALENDAR
None
COMMUNITY DEVELOPMENT STAFF REPORTS
PUBLIC HEARINGS
1. PLN 2099-0876, RECONSIDERATION OF CONDITIONAL USE PERMIT 2005-
0148,4300 EL CAMINO REAL, CARL'S JR.
Property Owner•
Kmart Corporation, 3100 W. Big Beaver Rd., Troy, MI 48084
Applicant:
CKE Restaurants, Inc., 401 W. Carl Karcher Way, Anaheim CA 92801
Project Title:
PLN 2099-0876, Reconsideration of Conditional Use Permit 2005-0148
Project
4300 EI Camino Real, Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 049-221-063
Project
The previously approved entitlement has expired. The applicant has applied for a
Description•
Reconsideration of the previously approved Conditional Use Permit to allow the
following:
The proposed project consists of an application for a Conditional Use Permit for a drive-
through restaurant located on 0.83 acres within the Commercial Retail Zone. The
proposal includes a main dining building with outdoor patio areas for restaurant patrons
and a drive-through facility along the EI Camino Real and San Anselmo frontages. The
site is currently vacant and located within the existing Kmart Shopping Center.
General Plan Designation: General Commercial (GC)
Zoning District: Commercial Retail (CR)
PC Draft Minutes 04/01/08
Page 2 of 4
Proposed Consistent with the previously certified Mitigated Negative Declaration 2005-0047.
Environmental
Determination:
Senior Planner Kelly Gleason announced that an email was received from the applicant
requesting that this item be continued.
MOTION: By Commissioner Jack and seconded by Commissioner
O'Grady to continue Item #1.
Motion passed 7:0 by a roll -call vote.
2. PLN 2007-1190, AMENDMENT OF CONDITIONAL USE PERMIT 2007-0203,
9525 GALLINA COURT
Property Owner:
Milan & Ruth Vrajich, 9525 Gallina Ct., Atascadero, CA 93422
Project Title:
PLN 2007-1190 / Conditional Use Permit Amendment to allow 2 additional clients at a
previously approved Residential Care Facility.
Project Location:
9525 Gallina Court, Atascadero, CA 93422
(San Luis Obispo County) APN 054-272-025
Project
The proposed project consists of an application for a Conditional Use Permit Amendment to
Description:
allow up to 10 residents in a residential care facility. The facility currently is approved for 8
residents.
General Plan Designation: Rural Estates (RE)
Zoning District: Residential Suburban (RS)
Proposed
Environmental
Notice of Exemption.
Determination:
Senior Planner Kelly Gleason gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Ruth Vrajich, owner / applicant, explained the reason for her request and answered
questions of the Commission.
Chairperson Fonzi closed the Public Comment period.
MOTION: By Commissioner O'Keefe and seconded by Commissioner
O'Grady to adopt Resolution PC 2008-0019 approving an
Amendment to PLN 2007-1190 based on findings and subject
to Conditions of Approval.
Motion passed 7:0 by a roll -call vote.
PC Draft Minutes 04/01/08
Page 3 of 4
COMMISSIONER COMMENTS AND REPORTS
Commissioner O'Grady spoke about a document received from the applicant for the
Carl's Jr. Item that was continued, asking if a detailed letter could be sent in lieu of the
owner appearing in person.
There was a brief Commission discussion and it was agreed that it would be preferable
if the owner appeared in person.
DIRECTOR'S REPORT
Community Development Director Warren Frace referred to the letter from the City
Clerk regarding the process for stepping down if there is a conflict of interest, and
reviewed that process for the Commission. Director Frace discussed the agenda for the
next meeting, and announced that Associate Planner Kerry Margason has resigned and
her projects will be transferred to other staff members. Director Frace answered
questions of the Commission.
ADJOURNMENT
Chairperson Fonzi adjourned the meeting at 7:24 p.m. to the next regularly scheduled
meeting of the Planning Commission on April 15, 2008.
MINUTES PREPARED BY:
Grace Pucci, Recording Secretary
PC Draft Minutes 04/01/08
Page 4 of 4
ITEM NUMBER: 3
DATE: 4-15-08
Atascadero Planning Commission
Staff Report - Community Development Department
Callie Taylor, Associate Planner, 470-3448, ctaylor@atascadero.org
Time Extension
Tentative Parcel Map 2003-0040
5516 Tunitas Avenue
(Thinger / Maverick Construction, LLC)
SUBJECT:
Consideration of a one-year Time Extension for Tentative Parcel Map 2003-0040.
RECOMMENDATION:
Staff Recommends:
Adopt Resolution PC 2008-0021, thereby approving a one-year Time Extension of
Tentative Parcel Map 2003-0040 in compliance with Sections 11-4.23(a) and 11-4.33(b)
of the Subdivision Ordinance.
SITUATION AND FACTS:
1. Owner: Maverick Construction, LLC, 1305 Vine St.
Paso Robles, CA 93446
2. Applicant: Byron Thinger, 295 Reef Ct., Pismo Beach, CA 93449
3. Project Address: 5516 Tunitas, Atascadero, CA 93422
APN: 029-081-003
4. General Plan Designation: MDR (Medium Density Residential)
5. Zoning District: RMF -10 (Residential Multi -Family 10 units/acre)
Planned Development Overlay #7
6. Existing Use: Residential
7. Environmental Status: Consistent with Certified Mitigated Negative Declaration
2003-0034
DISCUSSION:
Background:
In October 2003, the City of Atascadero City Council approved Tentative Parcel Map 2003-
0040 in conjunction with Planned Development Overlay #7 and subject to a Master Plan of
Development (CUP). In 2005, the property went through a change of ownership and
subsequently the map expired. On April 4, 2006, a reconsideration for Tentative Parcel
Map 2003-0040 with corresponding Planned Development Overlay #7 and Master Plan of
Development was approved by the Planning Commission. The Tentative Parcel Map
2003-0040 is set to expire April 4, 2008. The applicant submitted an application for a one-
year Time Extension in March 2008. Approval of this Time Extension would extend the life
of the Map by twelve (12) months and the new expiration date would be April 4, 2009.
Analysis:
The Subdivision Map Act mandates an initial two-year life and allows for five (5) 1 -year
Time Extensions. The application for the extension must be filed prior to the expiration
date. The Planning Commission has discretion on whether they want to extend the map,
or they can defer the decision to the City Council.
The Planning Commission may add or modify any conditions of approval, prior to
granting the Time Extension, to ensure the project remains consistent with updated
ordinances and policies. Staff is not recommending any modifications with this Time
Extension.
Map History:
Original Approval
Reconsideration
Time Extension 1
CONCLUSION:
Approval
October 28, 2003
April 4, 2006
April 15, 2008
Expiration
October 28, 2005
April 4, 2008
April 4, 2009
The City Council found the proposed Tract Map, as conditioned, is consistent with the
2002 General Plan and Zoning Ordinance and the lot configurations are consistent with
the requirements of the Subdivision Ordinance. Staff recommends the Planning
Commission approve the Time Extension as requested.
ALTERNATIVES:
1. The Commission may approve the Time Extension subject to additional or revised
project conditions.
2. The Commission may deny the Time Extension if it is found to be inconsistent with
the General Plan or any of the other required findings. The Commission's motion to
deny must include a finding basis for denial.
3. The Commission may continue the hearing and refer the item back to staff for
additional information or analysis. Direction should be given to staff and the
applicant on required information.
PREPARED BY: Scott Kaiser, Planning Intern
Callie Taylor, Associate Planner
ATTACHMENTS:
Attachment 1 — Location, General Plan, and Zoning Map
Attachment 2 — TPM 2003-0040
Attachment 3 — Conditions of Approval/Mitigation Monitoring Program
Attachment 4 — Draft Resolution 2008-0021
ATTACHMENT 1: Location, General Plan, and Zoning Map
General Plan: Medium Density Residential
Zoning District: Residential Multi -Family 10 units/acre
Planned Development Overlay #7
Project
Site
o,
ATTACHMENT 2: Vesting Tentative Parcel Map 2003-0040
ROsrcui "n ��88
tz
�cc p bi 6z tqqt
�tg pp W a gilt;
10
<CA O B � e8 Fae\ co
~ s N n W `
41 gg < IL 14
6yy� G bN
�` <q LL qg 6 § a asg p Yb' '' s
H Z m m (A m
if 3w. all
r
:.w
Yi �5 A
b � I cc .�
—
ti
4
PA
Will
LLI
galIN<
i�
rA
� � 3
I
,+R i � ...... _.. , _
wMM"
cc
L
wo�a" wa szx vo m z� a .a orveoswz\aew+a�a u�sorv\�s!aaa\ra^,^s\sn�zo\zoaz\(o.a\.�
ATTACHMENT 3: Conditions of Approval/Mitigation Monitoring Program
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
5516 Tunitas Avenue
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Parcel Ma
g P
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TPM 2003-0040
TO: Temporary Occupancy
FI: Final inspection
WW: Wastewater
CA: City Attorney
F0: Final Occupancy
AMWC: Water Comp.
Planning Services
1. The approval of this Tentative Parcel Map shall become
FM
PS
final and effective following approval of Zone Change
2003-0040 and CUP 2003-0094.
2. Approval of this Tentative Parcel Map shall be valid for two
FM
PS
years after its effective date. At the end of the period, the
approval shall expire and become null and void unless an
extension of time is granted pursuant to a written request
received prior to the expiration date.
3. The Community Development Department shall have the
FM
PS
authority to approve minor changes to the project that (1)
result in a superior site design or appearance, and/or (2)
address a 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 Parcel Map shall be subject to additional fees for park
FM
PS
or recreation purposes (QUIMBY Act) as required by City
Ordinance.
5. The applicant shall record CC&R's for the subdivision
FM
PS
subject to the review and approval of the City Engineer,
City Attorney and Planning Services. The CC&R's shall
identify the maintenance responsibilities of all private
driveways, sewer facilities, drainage facilities, common
parking areas, site lighting, landscape areas, fencing, and
other common facilities. The CC&R's shall also state that
all exterior colors, exterior materials, yard fencing and site
landscaping shall be consistent with the overall master
plan of development.
6. The granting of this entitlement shall apply to the property
On going
PS
located at 5516 Tunitas Avenue (APN 029-081-003)
regardless of owner.
7. The Final Map shall be drawn in substantial conformance
FM
PS
with the 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.
8. The subdivider shall defend, indemnify, and hold harmless
FM
PS
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,
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
5516 Tunitas Avenue
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Parcel Map
Improvement
FM: Final PPlans
CE: City EngineePD: Police r
TPM 2003-0040
TO: Temporary Occupancy
FI: Final inspection
WW: Wastewater
CA: City Attorney
F0: Final Occupancy
AMWC: Water Comp.
concerning the subdivision.
9. Affordable Housing Requirement: The applicant shall
FM
PS, CE
either set aside one housing unit at the moderate category
rate for a period of 30 years, or pay an in -lieu fee based on
2:50 5% of the valuation of each of the market rate units.
10. The colony house lot shall include a deed restriction
GP
PS, CE
preventing the site from being subdivided or from being
altered, which degrades the historic significance of the
property.
11. The applicant will be required to record CC&R's for the
FM
PS, CE
map that will include maintenance and access of
common areas.
Building Services
12. A soils investigation prepared by a licensed
FM
PS, BS, CE
Geotechnical Engineer 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
13. Driveway to be paved with decorative pavers. Final
FM
PS, CE
paver selection to compliment historic colony house,
subject to staff approval.
14. Show location of existing and any proposed fire
FM
CE
hydrants.
15. Provide a letter from the Atascadero Mutual Water
FM
CE
Company stating the minimum expected water available
to the site. Amount available must meet minimum
requirement specified in the California Fire Code.
16. Note that approved address signage is to be provided.
FM
CE
17. Note on plans that fire lanes shall be delineated to
FM
CE
restrict parking as required by the Fire Authority.
City Engineer Standard Conditions
18. In the event that the applicant is allowed to bond for the
BP
BS
public improvements required as a condition of this
Map, the applicant shall enter into a Subdivision
Improvement Agreement with the Planning Commission.
19. The Subdivision Improvement Agreement shall record
BP
PW
concurrently with the Final Map.
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
5516 Tunitas Avenue
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Parcel Map
Improvement
FM: Final PPlans
CE: City EngineePD: Police r
TPM 2003-0040
TO: Temporary Occupancy
FI: Final inspection
WW: Wastewater
CA: City Attorney
F0: Final Occupancy
AMWC: Water Comp.
20. All public improvements shall be constructed in
BP
PW
conformance with the City of Atascadero Engineering
Department Standard Specifications and Drawings or as
directed by the City Engineer.
21. The applicant shall enter into a Plan Check/Inspection
BP
BS
agreement with the City.
22. The applicant shall be responsible for the relocation
BP
PW
and/or alteration of existing utilities.
23. The applicant shall install all new utilities (water, gas,
BP
BS
electric, cable TV and telephone) underground. Utilities
shall be extended to the property line frontage of each
lot or its public utility easement.
24. The applicant shall monument all property corners for
BP
PW
construction control and shall promptly replace them if
disturbed.
25. A preliminary subdivision guarantee shall be submitted
BP
PW
for review in conjunction with the processing of the
parcel map.
26. All existing and proposed utility, pipeline, open space, or
BP
PS/PW
other easements are to be shown on the parcel map. If
there are building or other restrictions related to the
easements, they shall be noted on the parcel map. The
applicant shall show all access restrictions on the parcel
map.
27. Prior to recording the parcel map, the applicant shall
BP
PS/PW
submit a map drawn in substantial conformance with the
approved tentative map and in compliance with all
conditions the City in accordance with the Subdivision
Map Act and the City's Subdivision Ordinance forth
herein shall submit set for review and approval.
28. Prior to recording the parcel map, the applicant's
BP
PW
surveyor shall set monuments at all new property
corners or shall indicate, by certificate on the final 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.
29. Prior to recording the parcel map, the applicant shall
BP
BS
pay all outstanding plan check/inspection fees.
30. Prior to recording the parcel map, the applicant shall
BP
PW
have the map reviewed by all applicable public and
private utility companies (cable, telephone, gas, electric,
Atascadero Mutual Water Company). The applicant
shall obtain a letter from each utility company, which
indicates their review of the map. The letter shall
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
5516 Tunitas Avenue
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Parcel Map
Improvement
FM: Final PPlans
CE: City EngineePD: Police r
TPM 2003-0040
TO: Temporary Occupancy
FI: Final inspection
WW: Wastewater
CA: City Attorney
F0: Final Occupancy
AMWC: Water Comp.
identify any new easements, which 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.
31. Upon recording the final map, the applicant shall provide
BP
PW
the City with a black line clear Mylar (0.4 mil) copy and a
blue line print of the recorded map.
32. Prior to the final inspection of any public improvements,
BP
PW
the applicant shall submit a written statement from a
registered civil engineer that all work has been
completed and is in full compliance with the approved
plans.
City Engineer - Site Specific Conditions
33. The applicant shall construct new curb and gutter, in
BP
PS/PW
accordance with City Standards, as shown on
improvement plans, along entire frontage.
34. The applicant shall saw cut and remove existing asphalt
BP
PW
concrete roadway as shown on plans and repave to new
curb and gutter, in accordance with City Standards.
35. The applicant shall address storm water detention prior
BP
PW
to grading and drainage approval.
36. The applicant shall pay sewer Extension (Annexation)
BP
PW
and Connection fees upon issuance of building permit.
37. Each building shall be individually connected to the
BP
PW
public sewer via a 4" gravity lateral to which each
individual 2" force main will be connected.
38. Building plans shall be include detail of sewage sumps
BP
BS
and pumps, control panel and alarm systems.
Atascadero Mutual Water Company
39. Prior to the recordation of the Final Parcel Map, the
BP
BS
applicant shall submit plans showing the water
distribution facilities required to serve the project for
review and approval by the Atascadero Mutual Water
Company. All new water distribution facilities shall
constructed in conformance with Atascadero Mutual
Water Company Standards.
40. Prior to the recordation of the Final Map, the applicant
BP
BS
shall obtain a " Will Serve " letter from the Atascadero
Mutual Water Company.
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
5516 Tunitas Avenue
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Parcel Map
Improvement
FM: Final PPlans
CE: City EngineePD: Police r
TPM 2003-0040
TO: Temporary Occupancy
FI: Final inspection
WW: Wastewater
CA: City Attorney
F0: Final Occupancy
AMWC: Water Comp.
41. Prior to issuance of building permits, the applicant shall
BP
BS
pay all installation and connection fees required by the
Atascadero Mutual Water Company.
42. Show all fire suppression appurtenances required by the
BP
BS
Atascadero Fire Department.
43. Prior to the recordation of the Final Parcel Map, the
BP
BS
applicant shall submit plans showing the water
distribution facilities required to serve the project for
review and approval by the Atascadero Mutual Water
Company. All new water distribution facilities shall be
constructed in conformance with Atascadero Mutual
Water Company Standards.
44. A 5 -foot drainage easement shall be recorded on the
BP
PW
Final Map along the south property line of Parcel A and
Parcel B and the east property line of Parcel B.
45. Existing drainage patterns from adjacent properties shall
BP
PW
not be obstructed.
46. All drainage from improvements shall cross property
BP
PW
lines within drainage easements.
Mitigation Measures
Mitigation Measure 1.c.1: If exterior lighting is proposed, it
BP
PS
1.c.1
shall be designed to eliminate any off site glare. All exterior
site lights shall utilize full cut-off, "hooded" lighting fixtures to
prevent offsite light spillage and glare. Any luminaire pole
height shall not exceed 16 -feet in height, limit intensity to 2.0
foot candles at ingress/egress, and otherwise 0.6 foot candle
minimum to 1.0 maximum within the private street. Fixtures
shall be shield cut-off type and compatible with historic setting,
subject to staff approval.
Mitigation Measure 3.b.1: The project shall be conditioned to
BP
BS
3.b.1
comply with all applicable District regulations pertaining to the
control of fugitive dust (PM -10) as contained in sections 6.3,
6.4 and 6.5 of the April 2003 Air Quality Handbook.
Section 6.3: Construction Equipment
• Maintain all construction equipment in proper tune
according to manufacturer's specifications.
• Fuel all off-road and portable diesel powered
equipment, including but not limited to bulldozers,
graders, cranes, loaders, scrapers, backhoes,
generator sets, compressors, auxiliary power units,
with ARB certified motor vehicle diesel fuel (Non -
taxed version suitable for use off-road).
• Maximize to the extent feasible, the use of diesel
construction equipment meeting the ARB's 1996 or
newer certification standard for off-road heavy-duty
diesel engines.
• Install diesel oxidation catalysts (DOC), catalyzed
Conditions of Approval /
Mitigation Monitoring Program
5516 Tunitas Avenue
Vesting Tentative Parcel Map
TPM 2003-0040
Timing
GP: Grading Permit
BP: Building Permit
SIP: Subdivision
Improvement
FM: Final PPlans
TO: Temporary Occupancy
FI: Final inspection
F0: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
CE: City EngineePD: Police r
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Mitigation
Measure
diesels particulate filters (CDPF) or other District
approved emission reduction retrofit services
(Required for projects grading more than 4.0 acres of
continuously worked area).
Section 6.4: Activity Management Techniques
• Develop a comprehensive construction activity
management plan designed to minimize the amount
of large construction equipment operating during any
given time period.
• Schedule of construction truck trips during non -peak
hours to reduce peak hour emissions.
• Limit the length of the construction workday period, if
necessary.
• Phase construction activities, if appropriate.
Section 6.5: Fugitive PM10
All of the following measures shall be included on grading,
demolition and building plan notes:
A. Reduce the amount of the disturbed area where possible.
B. Use of water trucks or sprinkler systems in sufficient
quantities to prevent airborne dust from leaving the site.
Increased watering frequency would be required whenever
wind speeds exceed 15 mph. Reclaimed (non -potable)
water should be used whenever possible.
C. All dirt stockpile areas should be sprayed daily as needed.
D. Permanent dust control measures identified in the
approved project re -vegetation and landscape plans
should be implemented as soon as possible following
completion of any soil disturbing activities.
E. Exposed ground areas that are plann4ed to be reworked
at dates greater than one month after initial grading should
be sown with a fast -germinating native grass seed and
watered until vegetation is established.
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 leaving the site.
K. Sweep streets at the end of each day if visible soil material
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
5516 Tunitas Avenue
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Parcel Map
Improvement
FM: Final PPlans
CE: City EngineePD: Police r
TPM 2003-0040
TO: Temporary Occupancy
FI: Final inspection
WW: Wastewater
CA: City Attorney
F0: Final Occupancy
AMWC: Water Comp.
is carried onto adjacent paved roads. Water sweepers
with reclaimed water should be used where feasible.
L. The contractor or builder shall designate a person or
persons to monitor the dust control program and to order
increased watering, as necessary, to prevent transport of
dust off site. The name and telephone number of such
persons shall be provided to the APCD prior to land use
clearance for map recordation and land use clearance for
finish grading of any structure.
Mitigation Measure 4.e.1: The building permit site plan shall
GP
BS
4.e.1
identify all protection and enhancement measures
recommended by the Certified Arborist in the Tree Protection
Plan. Tree protection fencing shall be installed at the locations
called out in the Tree Protection Plan.
Mitigation Measure 4.e.2: The developer shall contract with a
GP
BS
4.e.2
certified arborist during all phases of project implementation.
The certified arborists shall be responsible for monitoring the
project during all phases of construction through project
completion, as follows:
(a). A written agreement between the arborist and the
developer outlining a arborist monitoring schedule for each
construction phase through final inspection shall be
submitted to and approved by planning staff prior to the
issuance of building/grading permits.
(b). Arborist shall schedule a pre -construction meeting with
engineering /planning staff, grading equipment operators,
project superintendent to review the project conditions and
requirements prior to any grubbing or earth work for any
portion of the project site. All tree protection fencing and
trunk protection shall be installed for inspection during the
meeting. Tree protection fencing shall be installed at the
line of encroachment into the tree's root zone area.
(c). As specified by the arborist report and City staff:
■ Prune all trees to be saved for structural strength and
crown cleaning by a licensed and certified arborist;
■ Remove all debris and spoils from the lot cleaning
and tree pruning.
■ All trenching or grading within the protected root zone
area, outside of the tree protection fence shall require
hand trenching or preserve and protect roots that are
larger than 2 inches in diameter.
■ No grading or trenching is allowed within the fenced
protected area.
■ Any roots that are 4 inches in diameter or larger are
not to be cut until inspected and approved by the on-
site arborist.
■ Apply any additional recommendations of the project
arborist.
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
5516 Tunitas Avenue
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Parcel Map
Improvement
FM: Final PPlans
CE: City EngineePD: Police r
TPM 2003-0040
TO: Temporary Occupancy
FI: Final inspection
WW: Wastewater
CA: City Attorney
F0: Final Occupancy
AMWC: Water Comp.
(d). Upon project completion and prior to final occupancy a
final status report shall be prepared by the project arborist
certifying that the tree protection plan was implemented,
the trees designated for protection were protected during
construction, and the construction -related tree protection
measures are no longer required for tree protection.
Mitigation Measure 4.e.3: Project manager should be
GP
BS
4.e.3
responsible for instructing workers about tree protection goals,
implementing protection of root zones, and installing and
maintaining protective fencing.
Mitigation Measure 4.e.4: Protective fencing is required
GP
BS
4.e.4
between all construction activities and native trees. The
fencing shall consist of five-foot tall orange plastic, with steel t -
posts sunk into the ground, eight feet apart. The fencing shall
be installed prior to any site disturbance or construction, and
shall remain in place until all construction is complete.
Mitigation Measure 4.e.5: No grading, trenching, materials
GP
BS
4.e.5
storage, soil storage, debris, or site disturbance shall occur
within the protected area. No concrete, plaster, or paint
washout shall be allowed within the tree protection zone.
Mitigation Measure 4.e.6: Excavation for buildings A and B
GP
BS
4.e.6
shall employ techniques that minimize the amount of soil
removed. Vertical cuts are preferred. Any back cuts greater
than six feet from the north wall of building A and west wall of
building B, shall be supported with shoring.
Excavation for the west side of building B, the north side of
building A, shall be done using special procedures for the
upper three feet of soil, to avoid tearing of roots. Heavy
equipment may be used to remove soil to within two feet of the
anticipated edge of cut. Then roots will be uncovered by hand,
and cut cleanly with a sharp hand saw at the lie of finish cut.
This will avoid tearing of roots. The soil may then be removed,
using heavy equipment. Below three feet depth, heavy
equipment may be used for the entire excavation.
Construction of sidewalk and steps from Rosario Avenue to
buildings A and B shall minimize excavation to less than four
inches of cut or fill below the walk.
Mitigation Measure 4.e.7: If living roots two inches in diameter
GP
BS
4.e.7
or more are encountered during trenching or excavation, they
shall be cleanly cut by the contractor, with a sharp handsaw, to
remove the frayed end. Do no paint the cut ends of roots.
Keep the roots moist by covering the excavation edge with
plastic sheeting. Backfill the excavation as soon as possible.
Mitigation Measure 4.e.8: Excavation for the west side of
GP
BS
4.e.8
garage D will be by hand in all areas within fifteen feet of the
trunk of tree #1. Any large roots encountered will be
preserved, and the foundation will span over the root.
Cushioning for the root shall be blocks of Styrofoam, four
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
5516 Tunitas Avenue
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Parcel Map
Improvement
FM: Final PPlans
CE: City EngineePD: Police r
TPM 2003-0040
TO: Temporary Occupancy
FI: Final inspection
WW: Wastewater
CA: City Attorney
F0: Final Occupancy
AMWC: Water Comp.
inches thick, over the top and sides of the root.
Mitigation Measure 4.e.9: Tree pruning should be done by a
GP
BS
4.e.9
qualified ISA certified arborist or ISA tree worker. A.N.S.I. A-
300 and Z-133 standards for tree care and the City Of
Atascadero Tree Ordinance shall be used and followed at all
times.
Mitigation Measure 5.a.1: The proposed project shall
GP
PS, BS, CE
5.a.1
incorporate the Secretary of the Interior's Standards and
Illustrated Guidelines for Rehabilitating Historic Buildings. The
standards shall apply to the exterior rehabilitation of the Colony
house, construction of the new detached garage for the colony
house, design of the proposed three homes, and proposed
landscape improvements to the overall project site, subject to
staff review and approval.
Mitigation Measure 5.a.2: Replacement of any exterior
GP
PS, BS, CE
5.a.2
materials or design features on the original colony homes shall
be consistent with the Secretary of the Interior's Standards and
Illustrated Guidelines for Rehabilitating Historic Buildings. This
shall include the replacements of any doors and windows with
solid wood framing of similar design and appearance. Vinyl,
vinyl -cladding, and metal materials are not permitted.
Mitigation Measure 5.a.3: The proposed project shall include
GP
PS, BS, CE
5.a.3
Covenants, Conditions and Restrictions (CC&R's) or
equivalent mechanism that incorporate the planned
development conditions of approval to ensure that the site
retains the historic qualities (historic buildings, architecture,
colors, materials, fencing, and landscaping) over time.
Mitigation Measure 5.b.1: Should any cultural resources be
GP
PS, BS, CE
5.b.1
unearthed during site development work, the provisions of
CEQA -Section 15064.5, will be followed to reduce impacts to
a non-significant level.
Mitigation Measure 6.b.1: The grading permit application plans
GP, BP
PS, BS, CE
6.b.1
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.
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
5516 Tunitas Avenue
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Parcel Map
Improvement
FM: Final PPlans
CE: City EngineePD: Police r
TPM 2003-0040
TO: Temporary Occupancy
FI: Final inspection
WW: Wastewater
CA: City Attorney
F0: Final Occupancy
AMWC: Water Comp.
Mitigation Measure 6.b.2: All cut and fill slopes shall be hydro
GP, BP
PS, BS, CE
6.b.2
seeded with an appropriate erosion control method (erosion
control blanket, hydro -mulch, or straw mulch appropriately
anchored) immediately after completion of earthwork between
the months of October 15 through April 15. All disturbed
slopes shall have appropriate erosion control methods in place.
Duration of the project: The contractor will be responsible for
the clean up of any mud or debris that is tracked onto public
streets by construction vehicles.
Mitigation Measure 6.c.d: A soils report shall be required to be
GP, BP
PS, BS, CE
6.c.d.1
submitted with a future building permit by the building
department. The building plans will be required to follow the
recommendations of the soils report to assure safety for
residents and buildings.
Mitigation Measure 6.d.1: All recommendations contained
GP, BP
PS, BS, CE
6.d.1
within the project geotechnical investigation by GSI dated
2/27/03 shall be incorporated into the building plans and
adhered to during construction through project completion.
Mitigation Measure 8e.f.1: A Storm Water Pollution Prevention
BP
PS, BS ,CE
8.0.1
Plan (SWPPP)/Erosion Control Plan shall be submitted and
approved by the City Engineer prior to the issuance of the
building permit. The plan shall include storm water measures
for the operation and maintenance of the project for the review
and approval of the City Engineer. The Building Permit
application plans shall identify Best Management Practices
(BMPs) appropriate to the uses conducted on site that
effectively prohibit the entry of pollutants into storm water
runoff.
Mitigation Measure 8.e.f.2: The developer is responsible for
BP
PS, BS, CE
8.0.2
ensuring that all contractors are aware of all storm water
quality measures and that such measures are implemented.
Failure to comply with the approved construction Best
Management Practices will result in the issuance of correction
notices, citations, or stop orders.
Conditions of Approval /
Mitigation Monitoring Program
5516 Tunitas Avenue
Vesting Tentative Parcel Map
TPM 2003-0040
Timing
GP: Grading Permit
BP: Building Permit
SIP: Subdivision
Improvement
FM: Final PPlans
TO: Temporary Occupancy
FI: Final inspection
F0: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
CE: City EngineePD: Police r
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Mitigation
Measure
Mitigation Measure 11.d.1: All construction activities shall
GP, BP
PS, BS, CE
11.d.1
comply with the City of Atascadero Noise Ordinance for hours
of operation.
Construction activities shall be limited to the following hours of
operation:
• 7 a.m. to 7 p.m. Monday through Friday
• 9 a.m. to 6 p.m. Saturday
• No construction on Sunday
Further, particularly loud noises shall not occur before 8 a.m.
on weekdays and not at all on weekends.
The Community Development Director upon a determination
that unusually loud construction activities are having a
significant impact on the neighbors may modify the hours of
construction.
Failure to comply with the above-described hours of operation
may result in withholding of inspections and possible
construction prohibitions, subject to the review and approval of
the Community Development Director.
A sign shall be posted on-site with the hours of operation and a
telephone number of the person to be contacted in the event of
any violations. Staff shall approve the details of such a sign
during the Grading Plan/Building Permit review process.
ATTACHMENT 4: Draft Resolution PC 2008-0027
DRAFT RESOLUTION NO. PC 2008-0021
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO
APPROVING A ONE-YEAR TIME EXTENSION OF
TENTATIVE PARCEL MAP 2003-0040
5516 TUNITAS
(Thinger / Maverick Construction, LLC)
WHEREAS, as application has been received from Maverick Construction, LLC, 1305
Vine St. Paso Robles, CA 93446 (Owner) and Byron Thinger, 295 Reef Ct. Pismo Beach, CA
93449 (Applicant) for a Time Extension for a project consisting of a residential subdivision
project consisting of a Conditional Use Permit (Master Plan of Development) with a
corresponding and Vesting Tentative Parcel Map and Planned Development Overlay #7 on a
0.57 -acre site located at 5516 Tunitas Avenue (APN 029-081-003); and,
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public
Hearing held on April 4, 2006, considered and approved Tentative Parcel Map 2003-0040, after
first studying and considering the Proposed Mitigated Negative Declaration 2003-0034 prepared
for the project; and,
NOW, THEREFORE, the Planning Commission takes the following actions:
SECTION 1: Findings for approval of the Time Extension: The Planning Commission
of the City of Atascadero makes the following findings:
1. The approval of the Time Extension would not place the residents of the
subdivision or the immediate community, or both in a condition dangerous to
their health or safety, or both.
2. The approval of the Time Extension will not prohibit the project from complying
with state or federal law.
3. All original conditions of approval for Tract 2445 remain in full force and effect
with this Time Extension.
4. All original mitigation measures of Mitigated Negative Declaration 2003-0034,
certified on October 28, 2003 remain in full force and effect with this Time
Extension.
SECTION 2: Approval: The Planning Commission of the City of Atascadero does
hereby approve a one-year time extension of TPM 2003-0040, to expire on April 4, 2009.
On motion by Commissioner , and seconded by Commissioner
, the foregoing resolution is hereby adopted in its entirety by the
following roll call vote:
AYES: ( )
NOES: ( )
ABSENT: ( )
ADOPTED:
CITY OF ATASCADERO, CA
Roberta Fonzi
Planning Commission Chairperson
ATTEST:
Warren M. Frace
Planning Commission Secretary
\\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TPM - Tentative Parcel Maps\TPM 03\TPM i Tunitas
Ave\Time Extension\TPM 2003-0040.PC staff report.TEX.sk.doc
ITEM NUMBER: 4
DATE: 4-1 5-n8
Atascadero Planning Commission
Staff Report - Community Development Department
Kelly Gleason, Senior Planner, 470-3436, kgleason@atascadero.org
PLN 2008-1273
7045 & 7055 EI Camino Real
Rite-Aid Master Plan of Development
(Epsteen & Associates)
RECOMMENDATION:
Staff Recommends Planning Commission:
Adopt Resolution PC 2008-0018, certifying Proposed Mitigated Negative Declaration
2008-0003 and approve a Master Plan of Development (Conditional Use Permit 2008-
0223) for a new 17,340 square -foot retail building with a drive-through pharmacy and
remodel of an existing 21,500 square -foot retail building at 7055 EI Camino Real based
on findings and subject to conditions of approval and mitigation monitoring.
REPORT -IN -BRIEF:
The proposed project consists of an application for a Conditional Use Permit (CUP) to
establish a Master Plan of Development for the existing Rite-Aid site. The application
includes the construction of a 17,340 square -foot Rite-Aid building with a drive-through
pharmacy. The Master Plan of Development also includes conceptual elevations for the
remodel of the existing 21, 500 square -foot building. The proposed development would
retain access off of EI Camino Real and Highway 41.
Conditional Use Permit approval is required based on the size of the proposed project
(10,000+ sf) and the request for a drive-through component.
DISCUSSION:
Situation and Facts:
1. Owner & Applicant: Epsteen & Associates, 5034 Carpinteria Ave.,
Carpinteria, CA 93013
2. Project Address: 7045, 7055 EI Camino Real, Atascadero, CA
3. General Plan Designation
4. Zoning District:
5. Site Area:
6. Existing Use:
7. Environmental Status
DISCUSSION:
Proiect Definition
ITEM NUMBER: 4
DATE: d_1 j;_nR
General Commercial
Commercial Retail
3.017 acres
Existing Rite-Aid and parking lot area
Proposed Mitigated Negative Declaration
2008-0003
The proposed project consists of a request to establish a Master Plan of Development
for a new 17,340 square -foot Rite Aid. The proposal includes a two-lane drive-through
pharmacy, fagade remodel of the existing 21,500 square -foot building, reconfiguration of
the parking areas, and site landscaping. The project is located at the corner of EI
Camino Real and Highway 41, designated as the main gateway intersection to the
downtown.
Background
Surrounding Land -Use and Setting
Project site
I
Vons/Rite-Aid
center
North: Residential Multi -Family
South: 101 Freeway
East: Vons Shopping Center
West: Downtown (Colony Square)
I;'
ISI
I�
'I
Project site
I
Vons/Rite-Aid
center
North: Residential Multi -Family
South: 101 Freeway
East: Vons Shopping Center
West: Downtown (Colony Square)
ITEM NUMBER: 4
DATE: d-1 J; -AR
On March 18, 2008 the proposed project was heard before the Planning Commission
in a public meeting. The Planning Commission continued the item and requested
additional information regarding the building architecture. Specifically, the Planning
Commission requested the proposed new Rite-Aid building incorporate tiled roof
elements consistent with the adjacent Lube -n -Go and Carl's Jr. projects and
consistent with the proposed remodel of the existing building.
In addition, the applicant presented a sign package at the March 18th meeting. The
applicant has made modifications to the sign package to be consistent with the site
and building design, as analyzed below.
ANALYSIS:
Architecture:
The applicant has modified the architectural elements of the new Rite-Aid building
adding tile gable roof elements along the EI Camino Real and Highway 41 frontage. In
addition, the applicant has included a gabled roof feature along the loading side of the
building. The front entry area has also been upgraded to include a tiled roof over the
curved entry doors. According to the applicant, the architect and property owner
presented Rite-Aid with multiple design concepts that incorporated the design elements
recommended by the Planning Commission. This is the only option that Rite-Aid found
acceptable for their proposed new building.
ITEM NUMBER: 4
DATE: 4 -15 -OS
Master Sign Program:
The Sign Program requested by the applicant at the previous meeting was redesigned
to be consistent with the proposed buildings. In addition, the presented signage plan
removed signage on the rear of the building reducing the total signage area from the
original proposal. Further, the changeable copy at the base of the monument signs was
removed and a stone veneer base was incorporated into the design. The monument
sign along the EI Camino Real frontage was relocated farther away from the corner
increasing the distance between the project signage and the landscape gateway
feature. The monument sign along Highway 41 was redesigned to allow for the rear
anchor tenant to have frontage signage. Rite-Aid will not be included on this monument
sign as proposed.
--
-
1
I
I
.
1
RITE AID
PHARMACY
I°
>a
t
I
,
it
�1
I
1
I
I
/
proposed Rile Aid
t
wr.ew �
I
I
-------------------------------
-------------------------
MEMO • ftft
� w°
ITEM NUMBER: 4
DATE: 4-1 5-n8
The Atascadero Municipal Code allows for monument signs to be a maximum of 10 -feet
in height with a maximum sign area of 60 square -feet not including the sign base. The
proposed monument signs are 8 -feet in height and have a maximum sign area of 47.8
square -feet. In comparison, the City's gateway sign that will be located in front of the
Lube -n -Go project is approved to be 12 -feet tall at the highest point and will be 50 -feet
in length. The proposed monument sign for the Rite-Aid store will be located
approximately 100 -feet from the City Gateway sign and 200 -feet from the ECR/Highway
41 intersection.
The applicant is requesting a total of 243.79 square -feet of building and directional
signage. The two "Rite-Aid" building signs and the accompanying Rite-Aid shield logo
are proposed at 68.12 square -feet each. Rite-Aid is also requesting 41.3 square -feet of
signage above the building entry which includes the "Pharmacy", 1 hr Photo", "Drive-
through", and "Food Mart" text. The total building non -directional signage is proposed to
be 177.54 square feet.
For a single -use site, the Atascadero Municipal Code allows for a maximum of 125
square feet of building signage. The proposed signage exceeds this size area by 52.54
square feet. The applicant is requesting this increase as part of their proposed sign
program approval.
The remaining 66.25 square feet of signage is directional in
nature. Two building signs are proposed which direct vehicles
to the drive-through entrance. One sign is requested above
the drive-through canopy accompanied by a "pick-up", "drop-
off', and clearance dimension sign. The remaining three signs
are stand alone directional and traffic control signs (sign #'s
15, 16, and 17).
The Atascadero Municipal Code section related to safety and
directional signs states the following:
(12) Safety and Directional Signs. With an aggregate
area not exceeding four (4) square feet. Such signs
shall be pedestrian scale. The City has a compelling
interest in ensuring traffic and pedestrian safety. To
directly advance that interest, such safety and
directional signs are allowed.
Staff does recommend that the Planning Commission
approve the directional signage as requested with a condition
that the free standing directional signs be powder coated in a
4)
231<-rL
8 1 I i
2 W4'
ITEM NUMBER: 4
DATE: 4_15_M
color consistent with the building design (Condition 12).
General Plan Consistency
The proposed project is consistent with the following General Plan Land Use Element
Policies:
LOC Program 1.1.2: Concentrate higher density development downtown and within the
Urban Core, and
focus master planned commercial uses at distinct nodes along arterial corridors
LOC 1.1.7: "Within the Urban Core encourage infill development or revitalization or
reuse of land already committed to urban development where utilities and public
services exist.
LOC Program 1.3.8: Beautify the City's primary entryways indicated in Figure 11-6 by
creating Civic Gateways. The freeway and other vehicular approaches to Atascadero
shall be made more attractive through judicious application of the elements including
landscaping, civic monuments, and rural character site development.
Land Use Policy 2.1: "Ensure that new development is compatible with existing and
surrounding neighborhoods".
LOC 2.3.1 Program: Incorporate urban design concepts from the Air Pollution Control
District's Transit Oriented Design Guidelines into new projects within the Urban Core.
LOC Program 3.1.6: Require new development to comply with provisions of the
Appearance Review Manual specific to the EI Camino Real corridor, including the
incorporation of landscaping and pedestrian walkways, and providing reciprocal
driveway access easements between sites, where feasible.
LOC Program 6.1.3: Require native trees and plant species to be incorporated into
landscaping plans.
LOC 10.1.5: Support actions which conserve energy and encourage energy
conservation. Consumption of non-renewable resources should be minimized.
Renewable resources should be recycled or replenished.
LOC 10.3.1: Require dust control and emissions limitations during project construction.
LOC 10.3.3: Concentrate new intensive development at identified nodes to help reduce
vehicle trips.
ITEM NUMBER: 4
DATE: 4-1 5-n8
LOC Policy 14.1: Encourage existing uses to continue providing needed products and
services.
CIR 1.5.1: Require all development to provide sufficient and convenient parking areas
with minimal conflict with street traffic.
CIR 1.5.3: Require off-street parking areas to include landscaping, screening, lighting
and shade trees to mitigate adverse visual impacts and provide comfort for users.
CIR 2.2.2: Require adequate and safe bicycle access and bicycle parking in conjunction
with new development.
Implementing General Plan programs requires site design review, use analysis, and
appearance review of architectural design, materials and color, and landscaping to
improve the appearance along EI Camino Real, and incorporate architectural themes
into the site and building design. In order to approve the Conditional Use Permit, the
Planning Commission must find that the project is consistent with the General Pan.
Fiscal Impact
The construction of a new Rite-Aid will allow the existing building to be remodeled and
provide for new commercial opportunities adjacent to Atascadero's downtown core.
Potential revenue would be dependent on the uses that occupied the building.
Findings
Conditional Use Permit
A Conditional Use Permit to establish a master plan of development is required for all
projects in excess of 10,000 square feet and all projects that include drive-through
facilities must be reviewed and approved by the Planning Commission based on the
potential negative impacts of the use. The Conditional Use Permit process provides the
opportunity for the public and the Planning Commission to review the specifics of land
use proposals, such as appropriateness of use, architectural design, site design,
landscape, signage, and specific standards of the Zoning Ordinance. The Planning
Commission must make the following five findings to approve a Conditional Use Permit:
1. The proposed project or use is consistent with the General Plan and the City's
Appearance Review Manual.
Staff Comment: The use is consistent with the General Commercial designation of
the General Plan and General Plan Policies and Programs listed above.
ITEM NUMBER: 4
DATE: 4_15_M
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance).
Staff Comment: As conditioned, the project satisfies all conditional use permit and
commercial zoning code requirements.
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 commercial 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 has been designed with upgraded fagade elements and
compatible landscaping. The project site is designated as a gateway location to the
Downtown Atascadero and thus, the Planning Commission must find that the
proposed use and/or site and building design features are consistent with this goal.
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, as conditioned, is consistent with
the traffic projections and road improvements anticipated within the General Plan.
Proposed Environmental Determination
A draft Mitigated Negative Declaration was circulated to public agencies and interested
members of the public on February 15, 2008. The Environmental Analysis identified
concerns regarding potential impacts to aesthetics, noise, air quality, and traffic.
Mitigation measures pertaining to these resources are included and recommended
mitigation measures from the APCD have been discussed in the preceding sections. In
order for the Planning Commission to certify the document, a finding must be made that
the project will not have a significant negative impact on any listed category with the
implementation of required mitigation measures.
ITEM NUMBER: 4
DATE: 4-1 5-n8
Staff is recommending that the Commission certify Proposed Mitigated Negative
Declaration 2008-0003 with additional mitigation measures to reduce air quality impacts
as necessary.
Conclusion
The proposed project represents an infill commercial project within the Commercial
Retail Zone. The Master Plan of Development covers all site development, landscaping
and architectural design standards for the project. The proposed project is consistent
with the Atascadero Municipal Code requirements for commercial development, as
analyzed within this Staff Report. The project site is designated as a gateway location
to Downtown Atascadero, and while no written standards have been adopted to define
this goal, the Planning Commission must find that the proposed project including its
treatment at the corner and along the EI Camino Real frontage is consistent with this
designation in terms of design and use.
ALTERNATIVES
1. The Commission may recommend modifications to the project and/or conditions
of approval/mitigation measures for the project.
2. The Commission may determine that more information is needed on some
aspect of the project and may refer the item back to the applicant and staff to
develop the additional information. The Commission should clearly state the type
of information that is required and move to continue the item to a future date.
3. The Commission may deny the project. The parcel would retain its designation
of Commercial Retail. The Commission should specify the reasons for denial of
the project and make an associated finding with such action.
PREPARED BY: Kelly Gleason, Senior Planner
ATTACHMENTS:
Attachment 1: Location Map, General Plan, and Zoning
Attachment 2: Draft Resolution 2008-0018
ITEM NUMBER
DATE: 4-15-08
Attachment 1: Location Map, General Plan and Zoning
Zoning District: Commercial Retail
General Plan Designation: General Commercial
ITEM NUMBER: 4
DATE: 4-15-n8
Attachment 2: Draft Resolution PC 2008-0018
DRAFT RESOLUTION PC 2008-0018
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA, CERTIFYING
PROPOSED MITIGATED NEGATIVE DECLARATION 2008-0003 AND
APPROVING PLN 2008-1273 ON
APN 030-081-041
(7055 El Camino Real / Rite-Aid)
WHEREAS, an application has been received from Epsteen & Associates, (5034
Carpinteria Ave, Carpinteria, CA 93013), Owner and Applicant, to consider a project consisting
of a Conditional Use Permit (CUP 2008-0223) for a 17,340 square -foot retail building with a
drive-through pharmacy and the remodel of a 21,500 square -foot retail building at 7055 El
Camino Real (APN 030-081-041); and,
and,
WHEREAS, the site's current General Plan Designation is General Commercial (GC);
WHEREAS, the site's current zoning district is Commercial Retail (CR); and,
WHEREAS, Commercial projects in excess of 10,000 square -feet and all projects that
include drive-through facilities require the approval of a Conditional Use Permit; and,
WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2008-0003
were prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional
Use Permit application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said application; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on March 18, 2008, studied and considered the Conditional Use Permit
2008-0223, after first studying and considering the Proposed Mitigated Negative Declaration
prepared for the project, and,
ITEM NUMBER: 4
DATE: 4_15_M
NOW, THEREFORE, the Planning Commission of the City of Atascadero, California,
takes the following actions:
SECTION 1. Findings for Certification of the Proposed Mitigated Negative
Declaration. The Planning Commission finds as follows:
1. The project does not have the potential to degrade the environment when mitigation
measures are incorporated into the project's mitigation monitoring program as
conditions of approval; and,
2. The project will not achieve short-term to the disadvantage of long term
environmental goals; and,
3. The project does not have impacts which are individually limited, but cumulatively
considerable; and,
4. The project will not cause substantial adverse effects on human beings either directly
or indirectly.
5. Added Air Quality mitigation measures are equivalent to or better than those included
in the circulated draft MND and will not create any additional impacts.
SECTION 2. Findings for approval of Conditional Use Permit. The Planning
Commission finds as follows:
1. The proposed project or use is consistent with the General Plan and the City's
Appearance Review Manual; and,
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance); and,
3. The establishment, and subsequent operation or conduct of the use will not, because
of the circumstances and conditions applied in the particular case, be detrimental to
the health, safety, or welfare of the general public or persons residing or working in
the neighborhood of the use, or be detrimental or injurious to property or
improvements in the vicinity of the use; and,
4. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development; and,
5. That the proposed use or project will not generate a volume of traffic beyond the safe
capacity of all roads providing access to the project, either existing or to be improved
in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
ITEM NUMBER: 4
DATE: 4-15-M
SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular
session assembled on April 15, 2008, resolved to approve the Conditional Use Permit 2008-0223
subject to the following:
EXHIBIT A:
Proposed Mitigated Negative Declaration
EXHIBIT B:
Conditions of Approval
EXHIBIT C:
Site Plan / Master Plan of Development
EXHIBIT D:
Landscape Plan
EXHIBIT E:
Floor Plan
EXHIBIT F:
Elevations
EXHIBIT G:
Color and Materials Board
EXHIBIT H:
Master Sign 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: ( )
ABSTAIN: ( )
ABSENT: ( )
ADOPTED:
CITY OF ATASCADERO, CA
Roberta Fonzi
Planning Commission Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
ITEM NUMBER:
DATE: 4-15-08
Exhibit A Proposed Mitigated Negative Declaration 2008-0003
See Following
ITEM NUMBER:
DATE: 4-15-08
EXHIBIT B: Conditions of Approval / Mitigation Monitoring Program
Conditional Use Permit 2008-0223
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business License
BS: Building Services
7055 El Camino Real
GP: Grading Permit
FD: Fire Department
Conditional Use Permit
BP: Building Permit
FI: Final Inspection
PD: Police Department
CE: City Engineer
PLN 2008-1273/CUP 2008-0223
TO: Temporary
occupancy
WW: Wastewater
CA: City Attorney
FO: Final Occupancy
Planning Services
1. This Conditional Use Permit shall be for a 17,340 sf retail building
Ongoing
PS
with a drive-through pharmacy and the remodel of a 21,500 sf retail
building including associated site improvements as described on the
attached exhibits and located on parcel 030-081-041 regardless of
owner.
2. The approval of this use permit shall become final and effective for
Ongoing
PS
the purposes of issuing building permits fourteen (14) days following
the Planning Commission approval unless prior to the time, an
appeal to the decision is filed as set forth in Section 9-1.111(b) of the
Zoning Ordinance.
3. The Community Development Department shall have the authority to
BP/FM
PS, CE
approve the following minor changes to the project that (1) modify
the site plan project by less than 10%, (2) result in a superior site
design or appearance, and/or (3) address a construction design
issue that is not substantive to the Master Plan of Development. The
Planning Commission shall have the final authority to approve any
other changes to the Master Plan of Development and any
associated Tentative Maps unless appealed to the City Council.
4. Approval of this Conditional Use Permit shall be valid for twenty-four
BP/FM
PS
(24) 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.
5. The applicant shall defend, indemnify, and hold harmless the City of
Ongoing
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.
6. All subsequent Tentative Map and construction permits shall be
BP/FM
PS, CE
consistent with the Master Plan of Development contained herein.
7. All exterior elevations, finish materials, and colors shall be consistent
BP
PS
with the Master Plan of Development as shown in EXHIBIT F and G
with the following modifications:
■ All exterior material finishes shall be durable, high quality, and
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Mitigation Monitoring Program
7055 El Camino Real
Conditional Use Permit
PLN 2008-1273/CUP 2008-0223
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
Mitigation
Measure
consistent with the architectural appearance;
■ The trash enclosure shall include stone veneer consistent with the
building material palette;
■ Any exterior light fixtures shall be compatible with building design and
shall minimize glare, subject to staff approval;
■ The stone veneer base shall be a minimum of 3.5 -feet high and shall
include a decorative cap;
■ All windows shall be non -tinted, clear glazing;
■ Final color selection shall include compatible earth toned colors,
subject to staff approval. Colors shall be consistent with the approved
adjacent buildings;
■ The remodel to the existing building shall include fagade features as
proposed and all pop -outs shall be a minimum of 12" in depth.
8. All site work, grading, and site improvements shall be consistent with
BP/FM
PS, BS, CE
the Master Plan of Development as shown in EXHIBIT C and D, and
shall include the following:
■ Bike racks shall be provided adjacent to the new building and located
adjacent to the existing as feasible;
■ The retaining wall along the sidewalk shall be clad in stone veneer to
match the building base;
■ All pedestrian crossings within the parking lot shall be constructed of
stamped, colored concrete consistent with the landscape plan;
■ Stamped and colored concrete shall be provided at the project
vehicular entrances, extending to the terminus of the pork chop in the
EI Camino Real driveway and a minimum of 35 -feet from the back of
sidewalk at the Highway 41 driveway;
■ All parking spaces shall be shortened to the minimum length
prescribed for parking spaces by the Atascadero Municipal Code for
non -wheel stop spaces;
■ Parking spaces adjacent to the Highway 41 facing elevation for the
existing building shall be compact spaces and designed to allow for the
fagade enhancements as proposed;
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business License
BS: Building Services
7055 El Camino Real
GP: Grading Permit
FD: Fire Department
Conditional Use Permit
BP: Building Permit
FI: Final Inspection
PD: Police Department
CE: City Engineer
PLN 2008-1273/CUP 2008-0223
TO: Temporary
occupancy
WW: Wastewater
CA: City Attorney
F0: Final Occupancy
9. A final landscape and irrigation plan shall be approved prior to the
BP
PS, BS
issuance of building permits and included as part of site
improvement plan consistent with EXHIBIT D, and as follows:
■ All exterior meters, air conditioning units, and mechanical equipment
shall be screened with landscape material;
■ All areas shown on the landscape plan shall be landscaped by the
developer prior to the final of any single building permit on-site;
■ Landscaping shall be included adjacent to the building at the drive-
through exit;
■ Street and landscape trees shall be minimum 15 -gallon size and
double staked;
■ All street trees shall be London plane trees a maximum of 30 -feet on
center;
■ All landscaping shall be drought tolerant or shall consist of ornamental
grasses for screening including along the drive-through side of the
building and around the proposed trash enclosure. Grasses shall also
be included along the drive-through side retaining wall planter;
■ Boxwoods and crape myrtles shall be eliminated from the landscape
plan and the Honey Locust shall be listed as a medium shade tree;
■ Landscape shall be provided along the site border with the approved
Carl's Jr. drive-through and shall include plant materials compatible
with the approved plans;
10. The developer and/or subsequent owner shall assume responsibility
GP
PS
for the continued maintenance of all landscape and common areas,
BP
consistent with EXHIBIT D.
11. The applicant will construct a gateway landscape feature at the
BP
PS
intersection of Highway 41 and EI Camino Real to include a
minimum 12 -foot tall, 8" dbh specimen tree, decorative stone veneer
retaining walls and lighting per the review and approval of staff and
Caltrans.
12. Signage shall be permitted as proposed in EXHIBIT F with the
Ongoing
PS
following modifications:
■ Signage for major tenants in the existing building (10,000 sf or
greater) shall be a maximum of 65 sf. Signage for minor tenants
(less than 10,000 sf) shall be a maximum of 25 sf. The corner
tenant will be considered a major tenant regardless of size and
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business License
BS: Building Services
7055 El Camino Real
GP: Grading Permit
FD: Fire Department
Conditional Use Permit
BP: Building Permit
FI: Final Inspection
PD: Police Department
CE: City Engineer
PLN 2008-1273/CUP 2008-0223
TO: Temporary
occupancy
WW: Wastewater
CA: City Attorney
F0: Final Occupancy
shall be allowed signage on both elevations.
■ Directional signs shall be powder coated in a color which is
consistent with the proposed building.
13. All utilities shall be undergrounded to the project (new and
BP
PS/CE
remodeled building) to the greatest extent feasible.
14. The project shall provide documentation of reciprocal access
agreements with the other parcels in the center, per the approval of
the City Engineer.
Public Works Conditions
15. Applicant shall coordinate public improvements at the southeast
GP, BP
CE
corner of the intersection of Highway 41 and EI Camino Real with the
City and Caltrans. Applicant shall provide construction and public
access easements as required for the installation of the landscape
features and retaining wall as described on the conceptual plans and
as described in the staff report
16. All pedestrian walkways shall be designed and constructed in
GP, BP
CE
conformance with the California Building Code, latest edition, for
accessibility.
17. Roman pavers consistent with the adopted Downtown Streetscape
GP, BP
CE, PS
standards shall be included in the EI Camino Real driveway pork
chop.
Public works Standard Conditions
18. A six (6) foot Public Utility Easement (PUE) shall be provided
GP, BP
CE
contiguous to the property frontage.
19. Slope easements shall be obtained by the applicant as needed to
GP, BP
CE
accommodate cut or fill slopes.
20. Drainage easements shall be obtained by the applicant as needed to
GP, BP
CE
accommodate both public and private drainage facilities.
21. 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.
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business License
BS: Building Services
7055 El Camino Real
GP: Grading Permit
FD: Fire Department
Conditional Use Permit
BP: Building Permit
FI: Final Inspection
PD: Police Department
CE: City Engineer
PLN 2008-1273/CUP 2008-0223
TO: Temporary
occupancy
WW: Wastewater
CA: City Attorney
F0: Final Occupancy
22. Prior to the issuance of building permits the applicant shall submit
GP, BP
CE
calculations to support the design of any structures or pipes. Closed
conduits shall be designed to convey the 10 -year flow with gravity
flow, the 25 -year flow with head, and provide safe conveyance for
the 100 -year overflow.
23. Bio-swales or other Low Impact Development (LID) features shall be
GP, BP
CE
incorporated into the project and shall be designed to desilt, detain
and meter storm flows as well as release them to natural runoff
locations.
24. Prior to the issuance of building permits the applicant shall show the
GP, BP
CE
method of dispersal at all pipe outlets. Include specifications for size
& type.
25. Prior to the issuance of building permits the applicant shall show
GP, BP
CE
method of conduct to approved off-site drainage facilities.
26. Concentrated drainage from off-site areas shall be conveyed across
GP, BP
CE
the project site in drainage easements. Acquire drainage easements
where needed. Drainage shall cross lot lines only where a drainage
easement has been provided. If drainage easement cannot be
obtained the storm water release must follow the exact historic path,
rate and velocity as prior to the subdivision.
27. Applicant shall submit a copy of a Storm Water Pollution Prevention
GP, BP
CE
Plan (SWPPP), as submitted to the Regional Water Quality Control
Board, if greater than 1.0 acres are disturbed by the project.
28. 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
29. Alignment of frontage improvements shall be approved by the City
GP, BP
CE
Engineer.
30. All new utilities shall be undergrounded on project frontage
GP, BP
CE
31. Applicant shall pay sewer extension (Annexation), Connection and
BP
CE
Reimbursement fees (if applicable) upon issuance of building permit.
32. Drainage piping serving fixtures which have flood level rims located
BP
CE
below the elevation of the next upstream manhole cover of the public
or private sewer serving such drainage piping shall be protected
from backflow of sewage by installing an approved type backwater
valve. Fixtures above such elevation shall not discharge through the
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business License
BS: Building Services
7055 El Camino Real
GP: Grading Permit
FD: Fire Department
Conditional Use Permit
BP: Building Permit
FI: Final Inspection
PD: Police Department
CE: City Engineer
PLN 2008-1273/CUP 2008-0223
TO: Temporary
occupancy
WW: Wastewater
CA: City Attorney
F0: Final Occupancy
backwater valve.
Mitigation Measures
Mitigation Measure 1.c.1: A decorative landscape feature will be provided at
BP
BS, PS, CE
1.C.1
the corner of EI Camino Real and Highway 41. The feature shall include a
specimen tree with decorative lighting, subject to staff approval and Caltrans
encroachment permit requirements. All retaining walls shall be constructed of
decorative material. Landscape materials shall include a variety of shrubs
and groundcovers.
Mitigation Measure 1.d.1: All exterior lighting, including parking lot lighting,
BP
BS, PS
1.d.1
shall be designed to eliminate any off-site glare. All exterior site lights shall
utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and
glare. Any luminaire pole height shall not exceed 14 -feet in height, limit
intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle
minimum to 1.0 maximum within the site. Fixtures shall be shield cut-off type
with design compatible with the planned downtown gateway designation,
subject to staff approval.
Mitigation Measure 3.15.1: Asbestos has been identified by the state Air
BP
BS, PS, CE
3.b.1
Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks
are very common in the state and may contain naturally occurring asbestos.
Under the State Air Resources Board Air Toxics Control Measure (ATCM) for
Construction, Grading, Quarrying, and Surface Mining Operations, prior to
any grading activities at the site, the project proponent shall ensure that a
geologic evaluation is conducted to determine if naturally occurring asbestos
is present within the area that will be disturbed. If Naturally Occurring
Asbestos (NOA) is found at the site the applicant must comply with all
requirements outlined in the Asbestos ATCM for Construction, Grading,
Quarrying, and Surface Mining Operations. . If NOA is not present, an
exemption request must be filed with the District. If NOA is found at the site
the applicant must comply with all requirements outlined in the Asbestos
ATCM. This may include development of an Asbestos Dust Mitigation Plan
and an Asbestos Health and Safety Program for approval by the APCD.
Should Naturally Occurring Asbestos be identified within the area of
construction, and the worked area will be less than or equal to one acre, then
the dust control measures identified below are required. If the disturbed area
is greater than one acre, additional requirements may include but are not
limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the
District before construction begins, and 2) an Asbestos Health and Safety
Program will also be required for some projects.
The project shall be conditioned to comply with all applicable District
regulations pertaining to the control of fugitive dust (PM -10) as contained in
sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook.
Section 6.3: Construction Equipment
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Mitigation Monitoring Program
7055 El Camino Real
Conditional Use Permit
PLN 2008-1273/CUP 2008-0223
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
Mitigation
Measure
■ Maintain all construction equipment in proper tune according to
manufacturer's specifications.
■ Fuel all off-road and portable diesel powered equipment, including but
not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes,
generator sets, compressors, auxiliary power units, with ARB certified
motor vehicle diesel fuel (Non -taxed version suitable for use off-road).
■ Maximize to the extent feasible, the use of diesel construction equipment
meeting the ARB's 1996 or newer certification standard for off-road
heavy-duty diesel engines.
■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate
filters (CDPF) or other District approved emission reduction retrofit
services (Required for projects grading more than 4.0 acres of
continuously worked area).
Section 6.4: Activity Management Techniques
■ Develop a comprehensive construction activity management plan
designed to minimize the amount of large construction equipment
operating during any given time period.
■ Schedule of construction truck trips during non -peak hours to reduce
peak hour emissions.
■ Limit the length of the construction workday period, if necessary.
■ Phase construction activities, if appropriate.
Section 6.5: Fugitive PM10
All of the following measures shall be included on grading, demolition and
building plan notes:
A. Reduce the amount of the disturbed area where possible.
B. Use of water trucks or sprinkler systems in sufficient quantities to prevent
airborne dust from leaving the site. Increased watering frequency would
be required whenever wind speeds exceed 15 mph. Reclaimed (non -
potable) water should be used whenever possible.
C. All dirt stock -pile 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
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business License
BS: Building Services
7055 El Camino Real
GP: Grading Permit
FD: Fire Department
Conditional Use Permit
BP: Building Permit
FI: Final Inspection
PD: Police Department
CE: City Engineer
PLN 2008-1273/CUP 2008-0223
TO: Temporary
occupancy
WW: Wastewater
CA: City Attorney
F0: Final Occupancy
vertical distance between top of load and top of trailer) in accordance
with CVC Section 23114.
J. Install wheel washers where vehicles enter and exit unpaved roads onto
streets, or wash off trucks and equipment leaving the site.
K. Sweep streets at the end of each day if visible soil material is carried
onto adjacent paved roads. Water sweepers with reclaimed water
should be used where feasible.
L. The contractor or builder shall designate a person or persons to monitor
the dust control program and to order increased watering, as necessary,
to prevent transport of dust off site. The name and telephone number of
such persons shall be provided to the APCD prior to land use clearance
for map recordation and land use clearance for finish grading of any
structure.
Mitigation Measure 3.b.2: Bike racks shall be provided at the entrance to the
BP
PS
3.b.2
new building and shall be provided where feasible adjacent to the remodeled
building.
Mitigation Measure 3.b.3: All street trees along EI Camino Real and Highway
BP
PS
3.b.3
41 shall be spaced at a maximum of 30 -feet on center
Mitigation Measure 3.b.4: The project shall exceed Title 24 energy
BP
PS
3.b.4
requirements by a minimum of 20% to implemented by a minimum f the
following:
• Shade tree planting shall be increased by a minimum of 20%
throughout the project area.
• Chinese Pistache trees proposed for the south of the building shall
be replaced with London Plane trees
• Use roof material with a solar reflectance value meeting the
EPA/DOE Energy Star rating.
• Use double paned windows
• Use low-energy parking lot lights
• Use energy efficient interior lighting
Mitigation Measure 3.b.5: The project shall include signage at the delivery
BP
PS
3.b.5
dock to remind drivers to shut off their engines.
Mitigation Measure 3.b.6: The applicant shall post "no -idling" restriction
BP
PS
3.b.6
signage along the drive-through area
Mitigation Measure 6.b.1: The grading permit application plans shall include
BP, GP
BS, PS, CE
6.b.1
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.
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business License
BS: Building Services
7055 El Camino Real
GP: Grading Permit
FD: Fire Department
Conditional Use Permit
BP: Building Permit
FI: Final Inspection
PD: Police Department
CE: City Engineer
PLN 2008-1273/CUP 2008-0223
TO: Temporary
occupancy
WW: Wastewater
CA: City Attorney
F0: Final Occupancy
Mitigation Measure 6.c.1: A soils report shall be required to be submitted
GP
PS, BS, CE
6.c.1
with a future building permit by the building department.
Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that all
GP
PS, BS, CE
8.0.1
contractors are aware of all storm water quality measures and that such
measures are implemented. Failure to comply with the approved
construction Best Management Practices will result in the issuance of
correction notices, citations, or stop orders.
Mitigation Measure 8.e.f.2: All modified parking lot inlets shall be fitted with
GP
PS, BS, CE
8.0.2
filtration mechanisms per the approval of the City Engineer and per the
requirements of the RWQCB.
Mitigation Measure 15.d.1: All traffic control design features required by the
BP
PS, CE
15.d.1
project traffic engineer and the City Engineer will be implemented during the
building permit process. Ingress and egress will be limited to right -in, right -out
movements only at the EI Camino Real driveway.
Mitigation Measure 15.d.2: The driveway off of Highway 41 will be narrowed to
BP
PS, CE
15.d.2
avoid conflicts with proposed site improvements, per the approval of the City
Engineer.
Mitigation Measure 15.d.3: The drive-through pharmacy exit shall be limited
BP
PS, CE
15.d.3
to a right -out movement only. The drive -aisle at this egress location shall be
narrowed to 20 -feet to further limit the ability if vehicles to turn right out of the
drive-through exit.
ITEM NUMBER: 4
DATE: 4-15-08
EXHIBIT Cl: Master Plan of Development/Site Plan
U
Se
� hk
e ri
PHI ;iOh";tjjl
iiji! Bl,a"•Ui,l
rr f
'!a
,f
U
Se
� hk
e ri
PHI ;iOh";tjjl
iiji! Bl,a"•Ui,l
ITEM NUMBER: 4
DATE: d_1 j;_nq
EXHIBIT C2: Master Plan of Development/Site Plan
ITEM NUMBER: 4
DATE: A-1 J; -AR
EXHIBIT D: Landscape Plan
J-�
-u
KI
711.
4
'A
EXHIBIT E: Floor Plan
FI
I
ITEM NUMBER: 4
DATE: AA nq
11'
4.5
ITEM NUMBER: 4
DATE: 4-15-M
EXHIBIT F1: Elevations - Rite-Aid
m
m
H x
W H
x o�
N 0.
0
Y
2
c a
R�
d
f
O
n
F
Cil
1 1flitft X11 ���
tlll�l�lltlll���II
ITEM NUMBER: 4
DATE: 4_15_M
EXHIBIT F2: Elevations - Rite Aid
�O
m
� x
W y
tti
N y,
0
IM{gb�Orl�m
�17'�1�11M�
� �
-
G
T-
-
0`
J
4
O
i
H
.j
J
W
ITEM NUMBER: 4
DATE: d_1 J; -AR
EXHIBIT F3: Elevations - Remodel of existing building
tel/ W
0
z
c :
::)Nt
ao1
z F-
P<
X,.7�
ww n .
t
� :•3
JIM
-
I
pill
/
tel/ W
0
z
c :
::)Nt
ao1
z F-
P<
X,.7�
ww n .
ITEM NUMBER
DATE: 4-15-08
EXHIBIT G: Color and Materials Board
See project file for specific proposed color selections
m
m
m
r =
xa
N py
C
c
0
.;
�
�'
❑
pQOf71A�OCACp�
I�Mq�O��M
�177r1�II�MI
v
�
O �
Ln
. Z
7
D
o
I.
a
�fMEE
�
O 1
fn
a
O
O a;
71!l�flEl�I!l�I�N
See project file for specific proposed color selections
ITEM NUMBER: 4
DATE: 4-15-08
EXHIBIT H: Master Sign Program
445 South Gay $Ire®t
Int. Knoxville, TN 37902
1-804-444-7446
e. « F.1 -1w
445 South Gay Street
lin pPWL Knoxville, TN 37902
1 -800-444-7446
Wpt W—O..
+ � { LN- J
.�a-�..w+rt4wvwn�.r
:XHIBIT H: Master Sign Program
Non Illuminated Directional Sign
36 -
L�
D—J
fi: 8.
ITEM NUMBER: 4
DATE: 4-15-08
Traffic Control
Drive Thru
2 314'
Pharmacy 81/2' 18'
BACK 2314
Square Footage
.. ,. 4SQ F', SFTnOfic Controt Sign
Mo
H«y 135Au . Gp PGuardBw
P�90 0 a ummurn. paint CA)GWd 6 w TM TAA Ca m s 2670"are bWN
CO o 11 P.670(kont 4nd bedg Srmi guar t�nmh Semi g u M*n
Copy CWY
SSCOWh IN Rai acme WNto Wy 480.10 tWIA Swtch 4e Fief ad" Whft vkly
3M 480.10 {+,ly)
Posd
2 117 Sge.ae aum lues. Parrt{i PGi
S w TM Cann .12678. Seml goes M+hh. Rod PAO eo "ny W 48OW
Droot embed 7 1ntu a:qumd SOw rdwmp WN&ft Rao actre Aly davaj
3M 480 10 {� only
I
445 South Gray Street
1^ Knpxvllle. TN 37902
1.800-444-7446
'^'•,'a" —
�'_1�16i1
Planning Commission Staff Report
ITEM NUMBER: 5
DATE: 4-15-08
Staff Report - Community Development Department
Callie Taylor, Associate Planner, 470-3448, ctaylor@atascadero.org
TTM 2005-0071 Amendment
Conditional Use Permit 2004-0127 Amendment
6901, 6905 EI Camino Real, 6999 Santa Ysabel Ave.
Colony Square Mixed -Use
APN 029-361-018, 020, 022
(Colony Square, LLC)
RECOMMENDATIONS:
Staff Recommends Planning Commission:
1. Adopt Resolution PC 2008-0022 approving an Amendment to Vesting Tentative
Tract Map 2005-0071 (Colony Square) based on findings and subject to Conditions
of Approval and Mitigation Monitoring.
2. Adopt Resolution PC 2008-0023 approving an Amendment to Conditional Use
Permit 2004-0127 (Master Plan of Development Condition Amendment) based on
findings and subject to Conditions of Approval and Mitigation Monitoring.
REPORT -IN -BRIEF:
The proposed project consists of an Amendment to Vesting Tentative Tract Map 2005-
0071 and Conditional Use Permit 2004-0127 for Colony Square. The proposed
Amendment is being requested in order to reconfigure the lots and create separate
parcels over the roads in the Colony Square project. Changes to the Conditions,
primarily the timing of the conditions and the CC&R's, are proposed to be modified in
both the Conditional Use Permit and the Tentative Tract Map. The proposed map and
project condition amendments are in conformance with the Master Plan of Development
which was previously approved for the Colony Square development; no changes to the
approved site or building site are proposed.
ITEM NUMBER: 5
DATE: 4-15-08
DISCUSSION:
Situation and Facts:
1. Owner: Colony Square, LLC, 205 E. Camarillo, Suite 220
Santa Barbara, CA 93101
2. Project Address: 6901, 6905 EI Camino Real, 6999 Santa Ysabel Avenue
(APN 029-361-018, 020, 022) San Luis Obispo County
3. General Plan Designation: DC (Downtown Commercial)
4. Zoning District: D (Downtown)
5. Site Area: 8.14 acres
6. Existing Use: City Hall & Vacant parcels (Previously Commercial)
7. Environmental Status: Consistent with Certified Mitigated Negative Declaration
2005-0020
Background
On August 16, 2005, the Planning Commission approved the Master Plan of
Development for the Colony Square project (CUP 2004-0127) allowing a mixed-use
development on a 5.9 -acre site. A Vesting Tentative Tract Map (TTM 2005-0071) was
approved on October 4, 2005, to divide the subject site into nine new parcels, with two
parcels consisting of 67 residential airspace condominium units. The City Hall Annex
building is also a part of the Tentative Tract Map. A one year Time Extension for the
Map was approved on June 19, 2007.
The project site is within the Downtown Land Use Designation and is zoned Downtown
Commercial, which allows mixed-use projects with approval of a Conditional Use
Permit. Eight new buildings are included in the Master Plan of Development in addition
to the City Hall Annex building. Most buildings are three stories in height with
restaurants and commercial uses on the ground level. Offices and live -work housing
units are located on the upper two floors. The project includes the following
components:
■ 75,230 square feet of retail/restaurant space
■ 35,000 square -foot 10 -screen movie theater
■ 17,100 square feet of office space
■ 67 residential units (72,360 square feet of housing)
■ 19,450 square feet of residential courtyards and private decks.
ITEM NUMBER:
DATE: 4-15-08
Master Plan of Development
Previously approved with CUP 2004-0127
(Provided for background and informational purposes only)
ANALYSIS:
ITEM NUMBER: 5
DATE: 4-15-08
Surrounding Land Use
and Setting:
North: Downtown Commercial,
Open Space
South: General Commercial
East: Downtown Office
West: Downtown Commercial
During the review of the Final Map for the Colony Square project, the project applicant
requested some changes to the lot layout and the timing of some project conditions.
Due to the fact that the Final Map must be in conformance with the configuration of the
approved Tentative Tract Map, an Amendment must be approved by Planning
Commission in order to process the Final Map as proposed.
The originally approved Tentative Tract Map consists of nine separate lots. The roads
and parking areas are contained on the individual lots, with the lot lines placed in the
center of the road on most lots. An Amendment is being proposed in order to separate
out the roads and parking areas from the lots which contain the buildings. According to
the applicant, separating the roads from the lots which contain buildings will aid
financing the project.
The proposed Map Amendment also includes a total of nine lots. However, the lot lines
have been reconfigured to separate out the roads and parking areas. Lots 2, 5, and 8
include only the roads and parking areas. Other lots within the project have been
combined. Colony Square, LLC will retain ownership of the roads and parking areas.
Maintenance of the roads shall be divided among all lots shown on the map, as
specified in the Road Maintenance Agreement which will be reviewed during final map
check.
The proposed Map Amendment is in conformance with the Conditional Use Permit
(Master Plan of Development) which was previously approved for the Colony Square
development. No changes to the buildings or site design are proposed. The lot lines
are proposed to be reconfigured for ownership and financing purposes only.
ITEM NUMBER: S
DATE: 4~16'08
Original Map (TTM 2005-0071)Approved October 4'3005 ---------
WOW
Proposed Map with Amended Lot lines
�
PROPOSED DEVELOPMENT
VESTING TENTATIVE
TRACT 2733
'~
------
--------
' --------
PROPOSED DEVELOPMENT
VESTING TENTATIVE
TRACT 2733
����
ITEM NUMBER: 5
DATE: 4-15-08
Proposed Condition Changes:
The applicant has requested modifications to the timing of the original conditions
attached to the map. The primary change is in relation to the CC&R's for the project.
CC&R's were originally conditioned to be recorded with the Final Map. Staff has
rewritten this condition to require only the Commercial, or "Master" CC&R's with the
Final Map. Residential CC&R's will be done when the applicant applies for building
permits for the residential units. The applicant may request deferring the CC&R's to a
later date by submitting a request in writing to the Community Development Director.
The request will be subject to a separate legal agreement regarding the recordation
timing of the Master CC&R's. In no cases shall any parcels be sold or transferred, or
any structures finaled prior to recordation of the Master CC&R's.
The conditions regarding the requirements and responsibility for off-site improvements
on EI Camino Real and the creek are also proposed for amendment. These conditions
are being amended to provide consistency with the Redevelopment Agency's planned
streetscape project.
Additional minor modifications have been made to other the project conditions for
consistency and clarification. The complete list of updated conditions is identified as
Exhibit B in the attached TTM resolution and Exhibit A in the CUP resolution.
An Amendment to the Conditional Use Permit is also being proposed as part of this
project in order to make the conditions of the CUP consistent with the Amended TTM
conditions. The CC&R Condition and the Public Works Conditions have been updated
to match those proposed with the Tentative Tract Map Amendment. The CUP
Amendment is in regards to the conditions only; no changes to the Master Plan of
Development exhibits are proposed.
Previous CC&R Condition (to be deleted):
.17r.T= IMM" - M
ITEM NUMBER: 5
DATE: 4-15-08
Proposed Amended CC&R Condition (to be added):
Prior to Final Map, the applicant shall submit Master CC&R's for maintenance of the commercial Commercial/
lots for review and approval by the Community Development Department. The Master CC&R's Master CC&R's
shall record with the Final Map. The applicant may request deferring the Master CC&R's. Such
a request shall be made in writing to the Community Development Director and will be subject to
a separate legal agreement regarding the recordation timing of the Master CC&R's and FM
restriction on the property prior to recordation of the Master CC&R's. In no cases shall any
parcels be sold or transferred, or any structures finaled prior to recordation of the Master
CC&R's. The Master CC&R's shall include, but are not limited to the following:
a) Provisions for maintenance of all common areas including landscaping, exterior lighting,
hardscape, plazas, street furniture, and parking facilities;
b) Provisions and procedures for dedicated and shared parking spaces for each building.
Dedicated parking/easements shall be identified for the two adjacent lots (Parcel 2 and
parcel at the corner of EI Camino Real and HWY 41, currently Cowgirl Cafe and Citi
Bank);
c) Maintenance and use provisions for all dedicated trash storage and recycling for each
commercial tenant;
d) Review and approval process for signage and awnings consistent with Master Plan of
Development;
e) Maintenance of roads and common utilities;
f) A detailed list of owner's responsibilities for maintenance of the individual buildings;
g) Provisions to ensure compliance with the Master Plan of Development, including
architectural standards; and
h) Provisions to establish a Master Association to enforce CC&R's.
10 A provision for review and approval by the City Community Development Department for Residential
any changes to the CC&R's that relate to the above requirements prior to the changes CC&R's
being recorded or taking effect.
Residential BP
CC&R's relatina to the residential condos will be deferred until the issuance of the
residential unit building permits, or as approved by the City Attorney. The deferred items
shall include:
a) Homeowners Association shall be established;
b) Provisions for maintenance of all common areas including shared residential courtyards
and residential parking facilities, amenities, etc.;
c) Provisions and procedures for dedicated residential parking spaces;
d) A detailed list of each individual homeowner's responsibilities for maintenance of the
individual units; and
e) Provision to ensure compliance with the Master Plan of Development.
ITEM NUMBER:
DATE:
Proposed Amended Public Improvement Conditions (to be added):
A-1 5_nR
27. Cooperation related to Public Improvements: The applicant shall cooperate and provide
any needed access to his property in regard to all public improvements that may need to be
installed, by the City, fronting or adjacent to his property. This includes but is not limited to
all medians, sidewalks, streetscape and the pedestrian bridge.
BP, GP
28. Driveway Closure: The project proposes to create a right in driveway across EI Camino
FO
Real for the current Denny's restaurant and to incorporate the left out component with
Rabobank's driveway (the driveways across EI Camino Real shall line up with project's
Driveway) in order to improve traffic circulation and safety through the construction of a
center median in EI Camino Real. Approval from both businesses and all affected property
owners must be obtained to complete this work. The applicant shall acquire all easements,
agreements, and/or title interest in offsite land in order to realign the driveways with the
applicants proposed driveway. The Applicant shall be responsible for any onsite private
improvements on the above mentioned landowner's property. The applicant shall provide
the City with electronic and hard copies of all approved public improvement plans.
29. Crosswalk: This project proposes a mid -block crosswalk at the project entrance on EI
BP, GP
Camino Real. This crosswalk must be designed by a Civil Engineer with experience in
pedestrian crossing design. The Applicants Civil Engineer shall provide a letter to the City
Engineer stating that the proposed mid -block crosswalk design meets acceptable
standards and warrants for pedestrian safety. Consideration in the design shall be given
for site distance, vehicle volume and speed, road width, pedestrian refuge, and other
considerations. If the crosswalk can not be designed to provide pedestrian crossing that will
meet acceptable standards, the crosswalk will not be allowed.
Proposed Environmental Determination
The proposed Vesting Tentative Tract Map Amendment and Conditional Use Permit
Amendment are in substantial conformance with Certified Mitigated Negative
Declaration 2005-0020.
Cnnrli icinn
The proposed Amendments to Vesting Tentative Tract Map and Conditional Use Permit
are consistent with the approved Colony Square Master Plan of Development and the
requirements of the Subdivision Ordinance. Staff recommends the Planning
Commission approve the Amendment to Tentative Tract Map 2005-0071 and the
Amendment to Cup 2004-0127 based on findings and conditions.
ITEM NUMBER: 5
DATE: 4-15-08
ALTERNATIVES:
1. The Commission may approve the map with modified project conditions.
2. The Commission may continue the hearing and refer the item back to staff for
additional information or analysis. Direction should be given to staff and the
applicant on required information.
3. The Commission may deny the map if it is found to be inconsistent with the General
Plan or any of the other required findings. The Commission's motion to deny must
include a finding basis for denial.
PREPARED BY: Callie Taylor, Associate Planner
ATTACHMENTS:
Attachment 1: Location, General Plan, and Zoning Map
Attachment 2: Site Aerial
Attachment 3: Draft Resolution 2008-0022 (TTM Amendment)
Attachment 4: Draft Resolution 2008-0023 (CUP Amendment)
ITEM NUMBER: 5
DATE: 4-15-08
Attachment 1: Location Map, General Plan and Zoning
i
DProjectSite
D
General Plan: DC — Downtown Commercial
Zoning District: D - Downtown
ITEM NUMBER:
DATE: 4-15-08
Attachment 2: Site Aerial
ITEM NUMBER: 5
DATE: 4-15-08
ATTACHMENT 3: Draft Resolution PC 2008-0022
Approval of Amendment to TTM 2005-0071
DRAFT RESOLUTION PC 2008-0022
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING AN
AMENDMENT TO VESTING TENTATIVE TRACT MAP 2005-00719
(TRACT 2733) ON APN 029-361-0189 020, 022
6901, 6905 El Camino Real, 6999 Santa Ysabel Ave.
(Colony Square, LLC)
WHEREAS, an application has been received from Colony Square, LLC, (205 E.
Camarillo, Suite 220, Santa Barbara, CA 93101), Owner, to consider an Amendment to Vesting
Tentative Tract Map on a 8.14 -acre site located at 6905 El Camino Real (APN 029-361-018,
020, 022); and,
WHEREAS, the current General Plan Land Use Designation is Downtown (D); and,
WHEREAS, the current Zoning District is Downtown Commercial (DC); and,
WHEREAS, the proposed map Amendment is in substantial conformance with Certified
Mitigated Negative Declaration 2005-0020 prepared for the original project and made available
for public review in accordance with the requirements of the California Environmental Quality
Act (CEQA); and,
WHEREAS, the Planning Commission approved a Master Plan of Development for the
site on August 16, 2005; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject Vesting
Tentative Tract Map Amendment application was held by the Planning Commission of the City
of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said
Master Plan of Development; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on April 15, 2008, studied and considered the Amendment to Vesting
Tentative Tract Map 2005-0071; and,
NOW THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Findings of Approval for Amendment to Vesting Tentative Tract
Map, the Planning Commission finds as follows:
ITEM NUMBER: 5
DATE: 4-15-08
1. The proposed subdivision, as conditioned, is consistent with the General Plan and
applicable zoning requirements, including provisions of the Downtown Commercial
zone.
2. The site is physically suitable for the type of development proposed.
3. The site is physically suitable for the density of development proposed.
4. 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.
5. The design of the project 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.
6. Covenants, Conditions and Restrictions (CC&Rs) or equivalent, shall be required that
incorporate the Master Plan of Development conditions of approval to ensure that the site
retains the proposed qualities (architecture, colors, materials, plan amenities, paving,
fencing, and landscaping) over time.
7. The proposed project design and type of improvements proposed will not be detrimental
to the health, safety or welfare of the general public.
8. The proposed subdivision is consistent with the Master Plan of Development for the site.
SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a
regular session assembled on April 15, 2008, resolved to approve the Amendment to Vesting
Tentative Tract Map (TTM 2005-0071) subject to the following:
1. Exhibit A: Amended Vesting Tentative Tract Map 2005-0071
2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program
On motion by Commissioner , and seconded by Commissioner
resolution is hereby adopted in its entirety by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ADOPTED:
Attest:
Warren M. Frace
Planning Commission Secretary
ITEM NUMBER: 5
DATE: 4-15-08
the foregoing
CITY OF ATASCADERO, CA
Roberta Fonzi
Planning Commission Chairperson
Exhibit A: Amended Vesting Tentative Tract Map 2005-0071
Exhibit B: Conditions of Approval / Mitigation Monitoring Program
Tentative Tract Map 2005-0071
i
ITEM NUMBER: 5
DATE: 4-15-08
ITEM NUMBER: 5
DATE: 4-15-08
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave.
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Map
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TTM 2005-0071
TO: Temporary
occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
Planning Services
1. The approval of this use permit shall become final and effective for the
FM
PS
purposes of issuing building permits fourteen (14) days following 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 Vesting Tentative Tract Map shall be valid for two years
FM
PS
after its effective date. At the end of the period, the approval shall expire
and become null and void unless an extension of time is granted pursuant
to a written request received prior to the expiration date or a final map has
been recorded with the County Recorder's Office.
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.
4. The granting of this entitlement shall apply to the property located at 6901
On going
PS
& 6905 EI Camino Real, and 6999 Santa Ysabel Avenue (APN 029-361-
018, 020, 022) regardless of owner.
5. The Final Map shall be drawn in substantial conformance with the
FM
PS
approved Tentative Map, and in compliance with all conditions set forth
herein, shall be submitted for review and approval in accordance with the
Subdivision Map Act and the City's Subdivision Ordinance.
6. The subdivider shall defend, indemnify, and hold harmless the City of
FM
PS
Atascadero or its agents, officers, and employees against any claim or
action brought to challenge an approval by the City, or any of its entities,
concerning the subdivision.
7. The Tract Map shall be subject to additional fees for park or recreation
FM
PS
purposes (QUIMBY Act) as required by City Ordinance.
8. All tract maintenance costs listed below shall be 100% funded by the
Residential
PS
project in perpetuity. The service and maintenance cost shall be funded
CC&R'S
through a Home Owners Association established by the developer subject
to City approval. The Home Owners Association must be in place prior to
BP
issuance of permits for the residential buildings, or as approved by the City
Attorney. This date may be modified with approval of the Community
Director by submitting a written letter with the reason for a delayed date.
The Home Owners Association shall be approved by the City Attorney,
City Engineer and Administrative Services Director prior to acceptance of
any Final Map. The administration of the above mentioned funds, and the
coordination and performance of maintenance activities, shall be the
responsibility of the Home Owners Association.
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Mitigation Monitoring Program
6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave.
Vesting Tentative Tract Map
TTM 2005-0071
Timing
GP: Grading Permit
BP: Building Permit
SIP: Subdivision
Improvement Plans
FM: Final Map
TO: Temporary
occupancy
FI: Final inspection
F0: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Mitigation
Measure
■ All streets, bridges, sidewalks, streetlights, street signs, roads,
emergency access roads, emergency access gates, and sewer
mains within the project;
■ All parks, trails, recreational facilities and like facilities;
■ All open space and native tree preservation areas;
■ All drainage facilities and detention basins;
■ All creeks, flood plains, floodways, wetlands, and riparian
habitat areas;
■ All common landscaping areas, street trees, medians,
parkway planters, manufactured slopes outside private yards,
and other similar facilities; and
■ All frontage landscaping and sidewalks along arterial streets.
9. Prior to Final Map, the applicant shall submit Master CC&R's for
Commercial /
PS
maintenance of the commercial lots for review and approval by the
Master
Community Development Department. The Master CC&R's shall record
CC&R's
with the Final Map. The applicant may request deferring the Master
CC&R's. Such a request shall be made in writing to the Community
FM
Development Director and will be subject to a separate legal agreement
regarding the recordation timing of the Master CC&R's and restriction on
the property prior to recordation of the Master CC&R's. In no cases shall
any parcels be sold or transferred, or any structures finaled prior to
recordation of the Master CC&R's. The Master CC&R's shall include, but
are not limited to the following:
a) Provisions for maintenance of all common areas including
landscaping, exterior lighting, hardscape, plazas, street furniture,
and parking facilities;
b) Provisions and procedures for dedicated and shared parking
spaces for each building. Dedicated parking/easements shall be
identified for the two adjacent lots (Parcel 2 and parcel at the
corner of EI Camino Real and HWY 41, currently Cowgirl Cafe
and bank);
c) Maintenance and use provisions for all dedicated trash storage
and recycling for each commercial tenant;
d) Review and approval process for signage and awnings consistent
with Master Plan of Development;
e) Maintenance of roads and common utilities;
f) A detailed list of owner's responsibilities for maintenance of the
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave.
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Map
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TTM 2005-0071
TO: Temporary
occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
individual buildings;
g) Provisions to ensure compliance with the Master Plan of
Development, including architectural standards; and
h) Provisions to establish a Master Association to enforce CC&R's.
10. A provision for review and approval by the City Community
Residential
Development Department for any changes to the CC&R's that relate
CC&R's
to the above requirements prior to the changes being recorded or
taking effect.
Residential
BP
CC&R's relating to the residential condos will be deferred until the
issuance of the residential unit building permits, or as approved by
the City Attorney. The deferred items shall include:
a) Homeowners Association shall be established;
b) Provisions for maintenance of all common areas including
shared residential courtyards and residential parking facilities,
amenities, etc.;
c) Provisions and procedures for dedicated residential parking
spaces;
d) A detailed list of each individual homeowner's responsibilities for
maintenance of the individual units; and
e) Provision to ensure compliance with the Master Plan of
Development.
PROJECT SPECIFIC CONDITIONS
BP, GP
CE
Public Improvements (Project Frontage):
11. EI Camino Real: The existing curb gutter and sidewalk along the
BP, GP
CE
project frontage shall be replaced with materials and furniture from the
approved "Atascadero Streetscape" material and furniture. This will
include pavers and colored concrete sidewalk, street trees and grates,
benches, street lights, garbage cans, and recycle containers.
12. Storm water: Currently storm water enters the site from the main
BP, GP
CE
driveway on EI Camino Real in an uncontrolled fashion. This storm
water shall be collected in a storm drain inlet and drained to Atascadero
Creek. This can be accomplished in EI Camino Real or through the
project site.
13. Transit stop: An Atascadero Transit bus stop shall be constructed at
BP, GP
CE
the project frontage and shall include a shelter, bench and trash
receptacle.
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave.
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Map
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TTM 2005-0071
TO: Temporary
occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
14. Passenger Loading: A passenger loading zone will be constructed
BP, GP
CE
along the project frontage. This loading zone will not conflict with the
transit stop.
15. Cooperation related to Public Improvements: The applicant shall
BP, GP
CE
cooperate and provide any needed access to his property in regard to
all public improvements that may need to be installed, by the City,
fronting or adjacent to his property. This includes but is not limited to all
medians, sidewalks, streetscape and the pedestrian bridge.
16. Driveway Closure: The project proposes to create a right in driveway
FM
CE
across EI Camino Real for the current Denny's restaurant and to
incorporate the left out component with Rabobank's driveway (the
driveways across EI Camino Real shall line up with project's Driveway)
in order to improve traffic circulation and safety through the construction
of a center median in EI Camino Real. Approval from both businesses
and all affected property owners must be obtained to complete this
work. The applicant shall acquire all easements, agreements, and or
title interest in offsite land in order to realign the driveways with the
applicants proposed driveway. The Applicant shall be responsible for
any onsite private improvements on the above mentioned landowner's
property. The applicant shall provide the City with electronic and hard
copies of all approved public improvement plans.
17. Crosswalk: This project proposes a mid -block crosswalk at the project
BP, GP
CE
entrance on EI Camino Real. This crosswalk must be designed by a
Civil Engineer with experience in pedestrian crossing design. The
Applicants Civil Engineer shall provide a letter to the City Engineer
stating that the proposed mid -block crosswalk design meets acceptable
standards and warrants for pedestrian safety. Consideration in the
design shall be given for site distance, vehicle volume and speed, road
width, pedestrian refuge, and other considerations. If the crosswalk can
not be designed to provide pedestrian crossing that will meet
acceptable standards, the crosswalk will not be allowed.
18. Street repair: All trenches cuts or work in the asphalt surface shall be
BP, GP
CE
repaired to Public Works Standards. All cuts will be saw cut square and
even. Small groups of cuts will not be allowed. The repair shall provide
a final smooth driving surface.
19. Santa Ysabel Ave (SR 41) and Capistrano Ave: All existing sidewalk,
BP, GP
CE
curbs and gutter and curb ramps shall be smooth, and even without
uplifting or major cracks. Any facility not meeting this condition shall be
replaced. Public Improvement plans shall be submitted detailing the
design.
20. All public improvements shall be constructed in conformance with the City
BP, GP
CE
of Atascadero Engineering Department Standard Specifications and
Drawings or as directed by the City Engineer. Any work on State Route
41/Santa Ysabel Ave shall be approved by Caltrans.
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave.
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Map
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TTM 2005-0071
TO: Temporary
occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
Public Works Improvements (On Site):
BP, GP
CE
21. All on-site public works improvements will meet City of Atascadero
FM
CE
Standards. This includes driveways, sidewalks, parking, drainage,
landscaping, lighting, and other public works facilities.
22. The applicant shall make a good faith effort to connect to the adjacent
FM
CE
bank parking lot and eliminate the existing bank driveway that accesses
Santa Ysabel Ave/SR 41. The applicant shall document such good faith
efforts and present all documentation of such to the City Engineer who
may waive the requirement.
Drainage:
FM
CE
23. This project proposes to convey all storm water to Atascadero Creek in
BP, GP
CE
two existing culvert systems. One is an existing 12 inch storm drain and
the other is (3) 60 inch storm drains.
24. Drainage calculation: Drainage calculations shall be produced
BP, GP
CE
considering all areas tributary to this property. These calculations shall be
in conformance the City of Atascadero Engineering Standards. Submit
calculations to support the design of any structures or pipes. Closed
conduits shall be designed to convey the 10 -year flow with gravity flow; the
25 -year flow with head, and provide safe conveyance for the 100 -year
overflow.
25. A Storm Water Pollution Prevention Plan shall be produced and approved
BP, GP
CE
by the Regional Water Quality Control Board and the City of Atascadero.
These plans shall recommend mitigation measure during and after
construction to eliminate point and non point source pollution into
Atascadero Creek. A filter system, mechanical or non, shall be installed
with this project. This system shall comply with the intent of National
Pollution Discharge Elimination System, Phase II requirements.
26. Obtain approval by the City Engineer of the grading & drainage plan and
the storm drain design & facilities.
27. Acquire drainage easements where needed. Drainage shall cross lot lines
BP, GP
WW
only where a drainage easement has been provided.
28. Concentrated drainage from off-site areas shall be conveyed across the
BP, GP
WW
project site in drainage easements.
Wastewater:
BP, GP
WW
29. Drainage piping serving fixtures which have flood level rims located below
BP, GP
WW
the elevation of the next upstream manhole cover of the public or private
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave.
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Map
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TTM 2005-0071
TO: Temporary
occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
sewer serving such drainage piping shall be protected from backflow of
sewage by installing an approved type backwater valve Fixtures above
such elevation shall not discharge through the backwater valve.
30. All sewer main taps will be done by the City of Atascadero. The
developers shall pay a sewer tap fee.
31. Sewer connection permit shall be issued separately (from building permit)
BP, GP
CE
after public sewer extension has been completed and has received a
satisfactory final Public Works inspection. Final project inspection shall be
contingent upon completion of the public sewer extension and Public
Works final inspection.
Solid Waste Conditions:
32. Atascadero Waste Alternative shall approve the location, size and design
BP
CE
of all solid waste facilities. The facilities shall include room for recycling
and green waste containers. The location of the facilities will take into
account the collection of the solid waste
STANDARD CONDITIONS
CE
33. In the event that the applicant is allowed to bond for the public
FM
CE
improvements, required as a condition of this map, the applicant shall
enter into a Subdivision Improvement Agreement with the City Council.
34. An engineer's estimate of probable cost shall be submitted for review
FM
CE
and approval by the City Engineer to determine the amount of the bond.
35. The Subdivision Improvement Agreement shall record concurrently with
FM
CE
the Final Map.
36. The applicant shall enter into a Plan Check/Inspection agreement with
BP
CE
the City.
37. The applicant shall acquire title interest in any off-site land that may be
FM
CE
required to allow for the construction of the improvements. The
applicant shall bear all costs associated with the necessary
acquisitions. The applicant shall also gain concurrence from all
adjacent property owners whose ingress and egress is affected by
these improvements.
38. Slope easements shall be obtained by the applicant as needed to
FM
CE
accommodate cut or fill slopes.
39. Drainage easements shall be obtained by the applicant as needed to
FM
CE
accommodate both public and private drainage facilities.
40. A preliminary subdivision guarantee shall be submitted for review in
FM
CE
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave.
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Map
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TTM 2005-0071
TO: Temporary
occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
conjunction with the processing of the parcel map.
41. The Final Map shall be deemed acceptable to the City Engineer prior to
FM
CE
the map being placed on the agenda for City Council acceptance.
42. Prior to recording the Final Map, the applicant shall pay all outstanding
FM
CE
plan check/inspection fees.
43. Prior to recording the Final Map, the applicant shall complete all
FM
CE
improvements required by these conditions of approval or bond for
them.
44. Prior to recording the Final Map, the applicant shall set monuments at
FM
CE
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.
45. Prior to recording the Final Map, the applicant shall submit a map
FM
CE
drawn in substantial conformance with the approved Tentative Map and
in compliance with all conditions set forth herein. The map shall be
submitted for review and approval by the City in accordance with the
Subdivision Map Act and the City's Subdivision Ordinance.
46. All existing and proposed utility, pipeline, open space, or other
FM
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.
47. Prior to recording the Final Map, the applicant shall have the Map
FM
CE
reviewed by all applicable public and private utility companies (cable,
telephone, gas, electric, Atascadero Mutual Water Company). The
applicant shall obtain a letter from each utility company indicating their
review of the map. The letter shall identify any new easements that
may be required by the utility company. A copy of the letter shall be
submitted to the City. New easements shall be shown on the Parcel
Map.
48. Prior to the issuance of building permits the applicant shall submit plans
BP
CE
and supporting calculations/reports including street improvements,
underground utilities, composite utilities, and grading/drainage plans
prepared by a registered civil engineer for review and approval by the
City Engineer.
Atascadero Mutual Water Company
49. Before the issuance of building permits, the applicant shall submit plans
GP, BP
CE
to AMWC for the water distribution facilities needed to serve the project.
AMWC shall review and approve the plans before construction begins
on the waters stem improvements. All water distribution facilities shall
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave.
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Map
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TTM 2005-0071
TO: Temporary
occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
be constructed in conformance with AMWC Standards and Details and
the California Waterworks Standards (Code of Regulations Title 22,
Division 4, Chapter 16). All cross -connection devices shall conform to
AWWA and California Department of Health Services standards.
50. Before issuance of building permits, the applicant shall obtain a "Will
GP--RFF
Serve" letter from AMWC for the newly created lots within the
subdivision.
51. The water mains required to serve the project shall be laid out in a grid
F
or looped pattern and shall connect to the existing water mains system
in EI Camino Real, Morro Rd., and Santa Ysabel Ave.
52. The applicant shall provide AMWC with easements for those water
U,
facilities proposed for operation and maintenance by AMWC that are
constructed outside of publicly maintained right-of-ways. AMWC shall
review the form and content of the easements before recordation.
53. The applicant shall submit a hydraulic analysis with the first plan check�P
U
submittal of the water system improvements for the project. The
analysis should take into account the fire flows required by the Uniform
Fire Code and requirements of the California Waterworks Standards.
The applicant is responsible for designing and constructing water
system improvements that will provide water at pressures and flows
adequate for the domestic and fire protection needs of the project.
54. The applicant shall obtain a separate landscape -irrigation meter(s) from
0-P ISI'
C
AMWC for the common areas within the project.
55. Landscaping for the common areas shall be drought -tolerant.
�F
56. Before construction of the water system improvements, AMWC shall
SaP-8-P
CCE
review and approve the irrigation plans for the common areas within the
project. The irrigation plan submittal shall include the following:
a. Landscape irrigation meter location and size.
b. Backflow prevention device type, location, and manufacturer.
c. Flow and precipitation rate for each circuit.
d. Irrigation schedules including schedules for establishment period
and post establishment period.
e. Total anticipated water application per circuit per month for both
schedules.
f. Total landscape water application.
g. Use drip irrigation where ever possible.
h. A check valve shall be installed on the lowest head in each
sprinkler circuit.
Mitigation Measures
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave.
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Map
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TTM 2005-0071
TO: Temporary
occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
AESTHETICS:
BP
PS, BS, CE
1.c.1
Mitigation Measure 1.c.1: The following landscape mitigations shall apply:
■ The project shall include landscaping of all common areas, including
slopes, streetscapes, parking lot shade trees and street trees.
■ The project shall include entryway feature landscaping and multi -family
common area landscaping.
■ All proposed on-site trees shall be 15 -gallon minimum size, double -
staked. Street and parking lot trees shall be selected to provide shade
over paved areas and pedestrian pathways to reduce urban heat
buildup, improve air quality, and provide visual unity to the streetscape.
■ Common area and public outdoor furniture, lighting fixtures, trash
receptacles, and signage shall be of architectural quality and durability.
Mitigation Measure 1.c.2: The proposed development shall include the use
BP
PS, BS, CE
1.c.2
of paint and roof colors designed to compliment the architectural theme and
reduce the potential for reflected light and glare.
Mitigation Measure 1.c.3: Directional signage shall be incorporated into the
BP
PS, BS, CE
1.c.3
project in style and compatibility with the proposed project. Any sign lighting
shall be low-level external lighting.
Mitigation Measure 1.d.1: On-site street and parking lot lighting shall be
BP
PS, BS, CE
1.d.1
designed to eliminate any off site glare. All exterior site lights shall utilize full
cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare.
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 downtown setting, subject to staff
approval.
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Mitigation Monitoring Program
6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave.
Vesting Tentative Tract Map
TTM 2005-0071
Timing
GP: Grading Permit
BP: Building Permit
SIP: Subdivision
Improvement Plans
FM: Final Map
TO: Temporary
occupancy
FI: Final inspection
F0: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Mitigation
Measure
Mitigation Measure 3.b: Each development phase shall be conditioned to
BP, GP
PS, BS, CE
3.b
comply with all applicable District regulations pertaining to the control of
construction equipment exhaust emissions and fugitive dust (PM -10)
emissions from construction activities 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.
■ All on and off-road diesel equipment shall not be allowed to idle for
more than 5 minutes. Signs shall be posted in the designated queuing
areas to remind drivers and operators of the 5 minute idling limit.
■ 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). The determination of the quantity and type
of diesel emission control devices that are appropriate for the project
must be performed in consultation with APCD staff three months prior
the start of the construction phase. Some consideration will include:
amount of cut & fill, age of fleet, project duration and proximity to
sensitive receptors. The APCD is concerned about the proximity of this
redevelopment project to sensitive receptors such as Atascadero Junior
High School. Sensitive receptors may be a consideration in the APCD's
decisions regarding the appropriate mitigation for the construction
phase diesel emissions.
Section 6.4: Activity Manaqement 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.
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Mitigation Monitoring Program
6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave.
Vesting Tentative Tract Map
TTM 2005-0071
Timing
GP: Grading Permit
BP: Building Permit
SIP: Subdivision
Improvement Plans
FM: Final Map
TO: Temporary
occupancy
FI: Final inspection
F0: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Mitigation
Measure
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 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.
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave.
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Map
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TTM 2005-0071
TO: Temporary
occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
Mitigation Measure 3.b.2: Demolition Activities
BP, GP
PS,BS, APCD
3.b.2
The project referral indicated that there are existing structures on the
proposed site that will be demolished. Demolition activities can have
potential negative air quality impacts, including issues surrounding proper
handling, demolition, and disposal of asbestos containing material (ACM).
Asbestos containing materials could be encountered during demolition or
remodeling of existing buildings. Asbestos can also be found in utility
pipes/pipelines (transite pipes or insulation on pipes). If utility pipelines are
scheduled for removal or relocation; or building(s) are removed or renovated
this project may be subject to various regulatory jurisdictions, including the
requirements stipulated in the National Emission Standard for Hazardous Air
Pollutants (40CFR61, Subpart M - asbestos NESHAP). These requirements
include but are not limited to: 1) notification requirements to the District, 2)
asbestos survey conducted by a Certified Asbestos Inspector, and, 3)
applicable removal and disposal requirements of identified ACM. Please
contact Tim Fuhs of the Enforcement Division at 781-5912 for further
information.
Mitigation Measure 3.b.3: Naturally Occurring Asbestos
BP, GP
PS,BS, APCD
3.b.3
The project site is located in a candidate area for Naturally Occurring
Asbestos (NOA), which has been identified as a toxic air contaminant by the
California Air Resources Board (ARB). Under the ARB Air Toxics Control
Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining
Operations, prior to any grading activities at the site, the project proponent
shall ensure that a geologic evaluation is conducted to determine if NOA is
present within the area that will be disturbed. If NOA is not present, an
exemption request must be filed with the District (see Attachment 1). If NOA
is found at the site the applicant must comply with all requirements outlined
in the Asbestos ATCM. This may include development of an Asbestos Dust
Mitigation Plan and an Asbestos Health and Safety Program for approval by
the APCD. Please refer to the APCD web page at:
http://www.slocleanair.org/business/asbestos.asp for more information or
contact Tim Fuhs of our Enforcement Division at 781-5912.
Mitigation Measure 3.b.4: Construction Phase Permitting
BP, GP
BS, PS, CE,
3.b.4
Portable equipment, 50 horsepower (hp) or greater, used during
APCD
construction activities may require California statewide portable equipment
registration (issued by the California Air Resources Board) or a District
permit. The following list is provided as a guide to equipment and
operations that may have permitting requirements, but should not be viewed
as exclusive.
• Portable generators (50 hp or greater)
• Concrete batch plants
• Rock and pavement crushing
• Tub grinders
0 Trommel screen
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
BP: Building Permit
BS: Building Services
6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave.
SIP: Subdivision
FD: Fire Department
Vesting Tentative Tract Map
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TTM 2005-0071
TO: Temporary
occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
Mitigation Measure 3.b.5
BP, GP
BS, PS, CE,
3.b.5
Provide Transit bus stop and transit stop enhancements to serve project
APCD
site.
Mitigation Measure 3.b.6
BP, GP
BS, PS, CE,
3.16.6
Provide incentives to employees to carpool/va n pool, take public
APCD
transportation, telecommute, walk, bike, etc. by implementing the
Transportation Choices Program. The applicant should Contact SLO
Regional Rideshare at 541-2277 to receive free consulting services on how
to start and maintain a program.
Mitigation Measure 3.b.7
BP, GP
BS, PS, CE,
3.16.7
Provide pedestrian signage and signalization to improve pedestrian safety
APCD
Mitigation Measure 3.b.8
BP, GP
BS, PS, CE,
3.16.8
Provide continuous pedestrian walkways separated from the roadway by
APCD
landscaping and on street parking, as feasible.
Mitigation Measure 3.b.9
BP, GP,
BS, PS, CE,
3.16.9
Implement on-site circulation design element in parking lots to reduce
APCD
vehicle queuing and improve the pedestrian and bicycle environment
Mitigation Measure 3.b.10
BP, GP
BS, PS, CE,
3.16.10
Provide engineered connections between the project and the existing
APCD
network of bicycle routes/paths, as feasible.
Mitigation Measure 3.b.11
BP, GP
BS, PS, CE,
3.16.11
Provide on-site long and short term secure bicycle parking for residential
APCD
and commercial elements of the project.
Mitigation Measure 3.b.12
BP, GP
BS, PS, CE,
3.16.12
Include internal wiring/cable in dwelling units and office buildings that
APCD
enables multiple points where telecommuting, telelearning and
teleconferencing can occur simultaneously.
Mitigation Measure 3.b.13
BP, GP
PS, BS, CE,
3.16.13
Increase the building energy efficiency rating by 10% above what is required
APCD
by Title 24 requirements. This can be accomplished in a number of ways
(increasing attic, wall, or floor insulation, installing double pane windows,
using efficient interior lighting, etc.).
Mitigation Measure 3.b.14
BP, GP
PS, BS, CE,
3.16.14
Provide outdoor electrical outlets to encourage the use of electric appliances
APCD
and tools.
Mitigation Measure 3.b.15
BP, GP
PS, BS, CE,
3.16.15
Use built-in energy efficient appliances.
APCD
Mitigation Measure 3.b.16
BP, GP
PS, BS, CE,
3.16.16
Use low energy parking lot and street lights.
APCD
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
BP: Building Permit
BS: Building Services
6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave.
SIP: Subdivision
FD: Fire Department
Vesting Tentative Tract Map
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TTM 2005-0071
TO: Temporary
occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
BP, GP
PS, BS, CE,
3.b.17
Mitigation Measure 3.b.17
APCD
The following uses could be problematic if residential quarters are included
in the same building and are not recommended by APCD:
• Nail Salons
• Dry-cleaners
• Coffee Roasters
• Gasoline Stations
• Furniture refurbishing/refinishing
• Any type of Spray Paint Operation
BIOLOGICAL RESOURCES:
BP, GP
PS, BS
4.e.1
Mitigation Measure: 4.e.1: The Precise Grading Plan shall identify tree
protection fencing around the dripline of each existing on-site tree identified
for retention within 20 feet of construction activity.
Mitigation Measure 4.e.2: The building permit site plan shall identify all
BP, GP
PS, BS
4.e.2
protection and enhancement measures recommended by the Certified
Arborist in the Tree Protection Plan which shall be submitted prior to permit
issuance. Tree protection fencing shall be installed at the locations identified
in the Tree Protection Plan and/or as recommended by the project arborist.
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Mitigation Monitoring Program
6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave.
Vesting Tentative Tract Map
TTM 2005-0071
Timing
GP: Grading Permit
BP: Building Permit
SIP: Subdivision
Improvement Plans
FM: Final Map
TO: Temporary
occupancy
FI: Final inspection
F0: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Mitigation
Measure
Mitigation Measure 4.e.3: Trees proposed for removal shall be replaced on
BP, GP
PS, BS
4.e.3
site as 15 gallon minimum size trees at a 4:1 ratio. All tree
impact/replacement mitigation shall be consistent with Atascadero Municipal
Code Section 9-11.105. The certified arborists report shall be responsible
for monitoring the project during all phases of construction through project
completion, as follows:
(a) A written agreement between the arborist and the developer outlining
an arborist monitoring schedule for each construction phase through
final inspection shall be submitted to and approved by planning staff
prior to the issuance of building/grading permits.
(b) Arborist shall schedule a pre -construction meeting with engineering
/planning staff, grading equipment operators, 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, root zone fencing trunk protection, and any other
precautions shall be installed for inspection during the meeting.
(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 final status report shall be prepared by the project arborist certifying
that the tree protection plan was implemented, the trees designated for
protection were protected during construction, and the construction -related
tree protection measures are no longer required for tree protection.
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave.
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Map
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TTM 2005-0071
TO: Temporary
occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
Mitigation Measure 4.e.4: Grading and excavation work shall be consistent
BP,GP
PS,BS
4.e.4
with the City of Atascadero Tree Ordinance. Special precautions when
working around native trees include:
• All existing trees outside of the limits of work shall remain.
• Earthwork shall not exceed the limits of the project area.
• Low branches in danger of being torn from trees shall be pruned prior to
any heavy equipment work being done.
• Vehicles and stockpiled material shall be stored outside the dripline of
all trees.
• All trees within the area of work shall be fenced for protection with 4 -
foot chain link, snow or safety fencing placed per the approved tree
protection plan. Tree protection fencing shall be in place prior to any
site excavation or grading. Fencing shall remain in place until
completion of all construction activities.
• Any roots that are encountered during excavation shall be clean cut by
hand and sealed with an approved tree seal.
GEOLOGY AND SOILS:
GP
PS, BS, CE
6.b.1
Mitigation Measure 6.b.1: 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.2: All cut and fill slopes shall be treated with an
GP
PS, BS, CE
6.b.2
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.1: A site-specific soils report shall be required to
BP, GP
PS, BS, CE
6.c.d.1
be submitted with a future building permit by the community development
department. The building plans will be required to follow the
recommendations of the soils report to assure safety for occupants and
buildings.
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave.
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Map
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TTM 2005-0071
TO: Temporary
occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
HYDROLOGY AND WATER QUALITY:
TO, FI
PS, BS, FD
8.0.1
Mitigation Measure 8e.f.1: A Storm Water Pollution Prevention Plan
(SWPPP)/Erosion Control Plan shall be submitted by the applicant and
reviewed and approved by the City Engineer prior to the issuance of the
building permit. The plan shall include storm water measures for the
operation and maintenance of the project for the review and approval of the
RWQCD and 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
8e.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 work orders.
Mitigation Measure 8.e.1: The proposed storm drain system, including the
GP
PS, BS, CE
8.e.1
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: All construction activities shall comply with the
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.
TRANSPORTATION/TRAFFIC:
BP, CE
PS, BS, CE
15.f.1
Mitigation Measure 15.f.1: The project entrance on EI Camino Real shall
operate at Level of Service "C" or better during am and pm peak hour traffic
flow. The existing driveways across EI Camino Real from the project
entrance, Denny's Restaurant and Rabobank, shall be incorporated into one
driveway that is directly across the entrance. Landscaped medians with turn
pockets will be placed on EI Camino Real to control turning movements.
Traffic signal or other traffic control device may be place in order to achieve
Level of Service "C". This device shall be approved by Caltrans and Public
Works to be sure it does not conflict with existing traffic control on EI Camino
Real.
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave.
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Map
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TTM 2005-0071
TO: Temporary
occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
Mitigation Measure 15.f.2: A pedestrian crossing shall be constructed
BP, CE
PS, BS, CE
15.f.2
across EI Camino Real. This pedestrian crossing will be designed and
constructed to allow pedestrians sufficient time to cross EI Camino Real and
provided sufficient site distance and warning for vehicles to stop for the
pedestrians. A refuge area will be placed in the median in EI Camino Real
for pedestrians.
Mitigation Measure 15.f.4: The intersection of Capistrano, Lewis Avenue,
BP, CE
PS, BS, CE
15JA
and the project entrance shall be a 4 way stop with crosswalks.
Mitigation Measure 15.f.5: A transit stop shall be incorporated into the
BP, CE
PS, BS, CE
15.f.5
project frontage along EI Camino Real. The transit stop shall have a turn
out, signage and shelter designed to City Standards and approved by
Atascadero Transit.
Mitigation Measure 15.f.6: Passenger drop off zone will be incorporated into
BP, CE
PS, BS, CE
15.f.6
the project frontage on EI Camino Real. This drop off zone will not conflict
with the transit stop.
BP, CE
PS, BS, CE
15.f.7
Mitigation Measure 15.f.7: The interior circulation system shall allow
vehicles to access to the 3 project driveways with clear and unobstructed
travel. The parking lot and parking spaces shall be designed per the
Municipal Code 9-4. Parking spaces shall be set back far enough from the
project entrances to allow vehicles to enter the site without having to wait on
the City street for vehicles backing out of parking spaces.
BP, CE
PS, BS, CE
15.f.8
Mitigation Measure 15.f.8: The project applicant shall acquire one or more
written legal parking agreements with property owners of adjacent or nearby
parking sites for an amount to satisfy maximum peak parking demands (as
identified in Table B) during the any day of the week . The parking
agreement shall be approved by the City prior to issuance of building permit.
ITEM NUMBER: 5
DATE: 4-15-08
ATTACHMENT 4: Draft Resolution PC 2008-0023
Approval of Amendment to CUP 2004-0127 (Master Plan of Development Conditions)
DRAFT RESOLUTION PC 2008-0023
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING AN
AMENDMENT TO THE CONDITIONS OF
CONDITIONAL USE PERMIT 2004-0127
ON APN 029-361-0189 0209 022
6901, 6905 El Camino Real, 6999 Santa Ysabel Ave.
(Colony Square, LLC)
WHEREAS, an application has been received from Colony Square, LLC, (205 E.
Camarillo, Suite 220, Santa Barbara, CA 93101), Owner, to consider an Amendment to the
Conditions of Approval for Conditional Use Permit 2004-0127 on a 8.14 -acre site located at
6905 El Camino Real (APN 029-361-018, 020, 022 ); and,
WHEREAS, the current General Plan Designation is Downtown (D); and,
WHEREAS, the current zoning district is Downtown Commercial (DC); and,
WHEREAS, the proposed Conditional Use Permit Amendment is in substantial
conformance with Certified Mitigated Negative Declaration 2005-0020 prepared for the original
project and made available for public review in accordance with the requirements of the
California Environmental Quality Act (CEQA); and,
WHEREAS, a Conditional Use Permit is required for all mixed-use projects in the
downtown area and all projects in excess of 10,000 square -feet to establish a Master Plan of
Development; and,
WHEREAS, the Planning Commission approved a Master Plan of Development (CUP
2004-0127) for the site on August 16, 2005; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional
Use Permit Amendment application was held by the Planning Commission of the City of
Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said
Master Plan of Development Amendment; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on April 15, 2008, studied and considered the Amendment to the Conditions
of Conditional Use Permit 2004-0127; and,
ITEM NUMBER: 5
DATE: 4-15-08
NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Findings for Approval of Conditional Use Permit. The Planning
Commission finds as follows:
1. The proposed project or use is consistent with the General Plan and the City's
Appearance Review Manual; and,
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance); and,
3. The establishment, and subsequent operation or conduct of the use will not, because
of the circumstances and conditions applied in the particular case, be detrimental to
the health, safety, or welfare of the general public or persons residing or working in
the neighborhood of the use, or be detrimental or injurious to property or
improvements in the vicinity of the use; and,
4. The proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development; and,
5. The proposed use or project will not generate a volume of traffic beyond the safe
capacity of all roads providing access to the project, either existing or to be improved
in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element; and
6. The Master Plan of Development standards or processing requirements will enhance
the opportunity to best utilize special characteristics of an area and will have a
beneficial effect on the area; and
7. The proposed project is consistent with the Atascadero Downtown Revitalization Plan
Downtown Design Guidelines.
SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a
regular session assembled on April 15, 2008, resolved to approve an Amendment the Conditions
of Conditional Use Permit 2004-0127 subject to the following:
1. EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program
(Reference to exhibits in the attached conditions refer to the Master Plan of
Development Exhibits as shown in the original CUP resolution)
ITEM NUMBER: 5
DATE: 4-15-08
On motion by Commissioner , and seconded by Commissioner the
foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES: ( )
NOES: ( )
ABSTAIN: ( )
ABSENT: ( )
ADOPTED:
CITY OF ATASCADERO, CA
Roberta Fonzi
Planning Commission Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
ITEM NUMBER:
DATE: 4-15-08
Exhibit A: Conditions of Approval / Mitigation Monitoring Program
Conditional Use Permit 2004-0127
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
Colony Square Mixed Use
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Master Plan of Development
Improvement
FM:FnalMPlans
PD: Police Department
CE: City Engineer
Conditional Use Permit 2004-0127
TO: Temporary
Occupancy
WK
CA: Wastewater
CA: Wastewater
City
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
Planning Services
1. This Conditional Use Permit shall be for 67 residential units, 75,230
FM
PS
square feet of retail/restaurant space, a 10 -screen, 35,000 square foot
movie theater, and 17,100 square feet of office space development,
parking areas, and landscaping on a 8.14 -acre site as described on
the attached exhibits and located on parcel 029-361-018, 020, 22
regardless of owner.
2. The approval of a Conditional Use Permit shall become final and
FM
PS
effective for the purposes of issuing a construction permit or
establishing a nonstructural use 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).
3. The Community Development Department shall have the authority to
BP/FM
PS, CE
approve the following minor changes to the project that (1) modify the
site plan project by less than 10%, (2) result in a superior site design or
appearance, and/or (3) address a construction design issue that is not
substantive to the Master Plan of Development.
The Planning Commission shall have the authority to approve any
other changes to the Master Plan of Development and any associated
Tentative Maps unless appealed to the City Council.
4. Approval of this Conditional Use Permit shall be valid for twelve (12)
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 (or demolition) permit. Any extension requests shall be
forwarded to the Planning Commission for approval. In addition, the
last building will be finaled within 18 months of the first building being
finaled.
5. The applicant shall defend, indemnify, and hold harmless the City of
Ongoing
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
6. All subsequent Tentative Map and construction permit applications
BP/FM
PS, CE
shall be consistent with the Master Plan of Development contained
herein.
7. All landscaping, special paving treatment, pedestrian furniture, potted
plant accents, and public art/water elements shall be constructed and
located as shown on the Master Plan of Development (EXHIBIT 1),
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
Colony Square Mixed Use
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Master Plan of Development
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
Conditional Use Permit 2004-0127
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
and shall be subject to staff approval.
8. Uses shall be restricted as show in Attachment A of the Master Plan of
Development (EXHIBIT 1). Office and service commercial uses shall
be restricted to the second floor except as noted in the project use
matrix.
9. All exterior elevations, finish materials and colors shall be consistent
BP
PS
with the Master Plan of Development as shown in EXHIBIT G, H and I
of the original CUP Resolution with the following modifications:
■ All exterior material finishes (siding, trim, doors, windows, light
fixtures, garage doors) shall be durable, high quality, and consistent
with the architectural appearance.
■ Decorative iron accents as shown on the proposed elevations shall
be of high architectural quality.
■ All trash storage, recycle storage, and air conditioning units shall be
screened from view behind architecturally compatible or landscaped
enclosures.
■ All utility doors (roll up or otherwise) shall be architectural grade and
painted to compliment the color scheme of the buildings.
■ Any proposed exterior street, pedestrian, or building mounted light
fixtures shall be of architectural grade and design and shall be
compliment the architectural style, subject to staff approval.
■ Stucco siding shall be smooth troweled or similar. No machine
finishes will be permitted.
■ Tile roofs shall be architectural grade.
10. In addition to the sign program included in the Master Plan of
Development, the following signage standards shall apply:
■ Main business signage shall be a minimum of 20 square feet and a
maximum of 50 square feet with the exception of the Movie Theater
signage detailed in the Master Plan of Development. Larger
signage may be permitted with staff approval. All signage within the
project shall require staff approval.
■ One sign shall be permitted for each frontage facing a public street,
interior parking area, or public plaza.
■ Business shall be allowed a maximum of two out of the following
three sign types: awning, wall mounted, and projecting. Window
decals and other pedestrian oriented signage shall be permitted in
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
Colony Square Mixed Use
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Master Plan of Development
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
Conditional Use Permit 2004-0127
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
addition to the aforementioned sign types.
■ Wall signage shall not be placed above the second floor sill unless
otherwise approved by staff.
■ Projecting signs shall be subject to Municipal Code section 9-
15.0005 (Downtown District Sign regulations).
11. All site work, grading, and site improvements shall be consistent with
BP/FM
PS, BS, CE
the Master Plan of Development as shown in EXHIBIT B,C, and I.
12. A final landscape and irrigation plan shall be approved prior to the
BP
PS, BS
issuance of building permits, and as follows:
• All exterior meters, air conditioning units and mechanical equipment
shall be screened with landscape material.
■ All areas shown on the landscape plan shall be landscaped by the
developer prior to the final of any single building permit on-site.
■ Street and parking lot trees shall be minimum 15 -gallon size and
double staked.
13. Final selection of colors and materials identified in EXHIBIT H and I
GP/BP
PS
shall be subject to staff approval.
14. Any future development signage shall be architecturally compatible
BP
PS
with the proposed buildings. All future signage shall be subject to the
review and approval of planning staff. No signage shall be placed
above the first floor roofline. No signage shall be permitted facing the
proposed residential uses.
15. An accurate Tree Protection Plan shall be prepared for encroachment
GP/BP
PS
within the drip line of native trees located on or adjacent to the subject
parcel. The applicant will contract with a certified arborist to monitor all
activity within the drip lines of existing native oak trees designated for
preservation.
16. Prior to Final Map, the applicant shall submit Master CC&R's for
Commercial /
PS
maintenance of the commercial lots for review and approval by the
Master
Community Development Department. The Master CC&R's shall
CC&R's
record with the Final Map. The applicant may request deferring the
Master CC&R's. Such a request shall be made in writing to the
FM
Community Development Director and will be subject to a separate
legal agreement regarding the recordation timing of the Master
CC&R's and restriction on the property prior to recordation of the
Master CC&R's. In no cases shall any parcels be sold or transferred,
or any structures finaled prior to recordation of the Master CC&R's.
The Master CC&R's shall include, but are not limited to the following:
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Mitigation Monitoring Program
Colony Square Mixed Use
Master Plan of Development
Conditional Use Permit 2004-0127
Timing
GP: Grading Permit
BP: Building Permit
SIP: Subdivision
Improvement Plans
FM: Final Map
TO: Temporary
Occupancy
FI: Final inspection
F0: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Mitigation
Measure
a) Provisions for maintenance of all common areas including
landscaping, exterior lighting, hardscape, plazas, street furniture,
and parking facilities;
b) Provisions and procedures for dedicated and shared parking
spaces for each building. Dedicated parking/easements shall be
identified for the two adjacent lots (Parcel 2 and parcel at the
corner of EI Camino Real and HWY 41, currently Cowgirl Cafe
and bank);
c) Maintenance and use provisions for all dedicated trash storage
and recycling for each commercial tenant;
d) Review and approval process for signage and awnings consistent
with Master Plan of Development;
e) Maintenance of roads and common utilities;
f) A detailed list of owner's responsibilities for maintenance of the
individual buildings;
g) Provisions to ensure compliance with the Master Plan of
Development, including architectural standards;
h) Provisions to establish a Master Association to enforce CC&R's.
17. A provision for review and approval by the City Community
Residential
PS
Development Department for any changes to the CC&R's that relate
CC&R's
to the above requirements prior to the changes being recorded or
taking effect.
Residential
BP
CC&R's relating to the residential condos will be deferred until the
issuance of the residential unit building permits, or as approved by
the City Attorney. The deferred items shall include:
a) Homeowners Association shall be established;
b) Provisions for maintenance of all common areas including shared
residential courtyards and residential parking facilities, amenities,
etc;
c) Provisions and procedures for dedicated residential parking
spaces;
d) A detailed list of each individual homeowner's responsibilities for
maintenance of the individual units; and
e) Provision to ensure compliance with the Master Plan of
Development.
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
Colony Square Mixed Use
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Master Plan of Development
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
Conditional Use Permit 2004-0127
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
18. A Tentative Tract Map will be required and shall be consistent with all
TTM /FM
provisions of the Master Plan of Development and conditions
contained herein and shall include the following:
• Reciprocal access and parking easements shown on the face of
the map over common shared areas (exclusive of designated
residential parking facilities).
19. Approval of this permit shall include the removal of 4 Native Trees,
totaling 82 inches dbh. The applicant shall be required to pay
mitigation fees or provide replantings on-site per the requirements of
the Atascadero Native Tree Ordinance
20. The project shall continue to provide dedicated access to the adjacent
Rancho -Tee Motel.
21. Staff may remove up to 14 parking spaces to address on-site vehicle
BP, GP
PS, BS
exit queing onto EI Camino Real; drop-off/loading zone in front of
theater entrance; and increasing pedestrian area within the
"convertible parking" area.
22. Adjust the existing grade change at the Santa Ysabel driveway
BP, GP
CE
(between the Cowgirl Cafe and Citibank property) for improved
visibility entering and exiting the project site.
City Engineer Conditions
PROJECT SPECIFIC CONDITIONS
BP, GP
CE
Public Improvements (Prosect Frontage):
23. EI Camino Real: The existing curb gutter and sidewalk along the
BP, GP
CE
project frontage shall be replaced with materials and furniture from
the approved "Atascadero Streetscape" material and furniture. This
will include pavers and colored concrete sidewalk, street trees and
grates, benches, street lights, garbage cans and recycle containers.
24. Storm water: Currently storm water enters the site from the main
BP, GP
CE
driveway on EI Camino Real in an uncontrolled fashion. This storm
water shall be collected in a storm drain inlet and drained to
Atascadero Creek. This can be accomplished in EI Camino Real or
through the project site.
25. Transit stop: An Atascadero Transit bus stop shall be constructed
BP, GP
CE
at the project frontage and shall include a shelter, bench and trash
receptacle.
26. Passenger Loading: A passenger loading zone will be constructed
BP, GP
CE
along the project frontage. This loading zone will not conflict with
the transit stop.
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
Colony Square Mixed Use
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Master Plan of Development
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
Conditional Use Permit 2004-0127
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
27. Cooperation related to Public Improvements: The applicant shall
BP, GP
CE
cooperate and provide any needed access to his property in regard
to all public improvements that may need to be installed, by the
City, fronting or adjacent to his property. This includes but is not
limited to all medians, sidewalks, streetscape and the pedestrian
bridge.
28. Driveway Closure: The project proposes to create a right in
FM
CE
driveway across EI Camino Real for the current Denny's restaurant
and to incorporate the left out component with Rabobank's driveway
(the driveways across EI Camino Real shall line up with project's
Driveway) in order to improve traffic circulation and safety through
the construction of a center median in EI Camino Real. Approval
from both businesses and all affected property owners must be
obtained to complete this work. The applicant shall acquire all
easements, agreements, and or title interest in offsite land in order
to realign the driveways with the applicants proposed driveway.
The Applicant shall be responsible for any onsite private
improvements on the above mentioned landowner's property. The
applicant shall provide the City with electronic and hard copies of all
approved public improvement plans.
29. Crosswalk: This project proposes a mid -block crosswalk at the
BP, GP
CE
project entrance on EI Camino Real. This crosswalk must be
designed by a Civil Engineer with experience in pedestrian crossing
design. The Applicants Civil Engineer shall provide a letter to the
City Engineer stating that the proposed mid -block crosswalk design
meets acceptable standards and warrants for pedestrian safety.
Consideration in the design shall be given for site distance, vehicle
volume and speed, road width, pedestrian refuge, and other
considerations. If the crosswalk can not be designed to provide
pedestrian crossing that will meet acceptable standards, the
crosswalk will not be allowed.
30. Street repair: All trenches cuts or work in the asphalt surface shall
BP, GP
CE
be repaired to Public Works Standards. All cuts will be saw cut
square and even. Small groups of cuts will not be allowed. The
repair shall provide a final smooth driving surface.
31. Santa Ysabel Ave (SR 41) and Capistrano Ave.: All existing
BP, GP
CE
sidewalk, curbs and gutter and curb ramps shall be smooth, and even
without uplifting or major cracks. Any facility not meeting this condition
shall be replaced. Public Improvement plans shall be submitted
detailing the design.
32. All public improvements shall be constructed in conformance with the
BP, GP
CE
City of Atascadero Engineering Department Standard Specifications
and Drawings or as directed by the City Engineer. Any work on State
Route 41/Santa Ysabel Ave shall be approved by Caltrans.
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
Colony Square Mixed Use
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Master Plan of Development
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
Conditional Use Permit 2004-0127
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
Public Works Improvements (On Site):
BP, GP
CE
33. All on-site public works improvements will meet City of Atascadero
FM
CE
Standards. This includes driveways, sidewalks, parking, drainage,
landscaping, lighting, and other public works facilities.
34. The applicant shall make a good faith effort to connect to the adjacent
FM
CE
bank parking lot and eliminate the existing bank driveway that
accesses Santa Ysabel Ave/SR 41. The applicant shall document
such good faith efforts and present all documentation of such to the
City Engineer who may waive the requirement.
Drainage:
FM
CE
35. This project proposes to convey all storm water to Atascadero Creek
BP, GP
CE
in two existing culvert systems. One is an existing 12 inch storm drain
and the other is (3) 60 inch storm drains.
36. Drainage calculation. Drainage calculations shall be produced
BP, GP
CE
considering all areas tributary to this property. These calculations shall
be in conformance the City of Atascadero Engineering Standards.
Submit calculations to support the design of any structures or pipes.
Closed conduits shall be designed to convey the 10 -year flow with
gravity flow; the 25 -year flow with head, and provide safe conveyance
for the 100 -year overflow.
37. A Storm Water Pollution Prevention Plan shall be produced and
BP, GP
CE
approved by the Regional Water Quality Control Board and the City of
Atascadero. These plans shall recommend mitigation measure during
and after construction to eliminate point and non point source pollution
into Atascadero Creek. A filter system, mechanical or non, shall be
installed with this project. This system shall comply with the intent of
National Pollution Discharge Elimination System, Phase II
requirements.
38. Obtain approval by the City Engineer of the grading & drainage plan
and the storm drain design & facilities.
39. Acquire drainage easements where needed. Drainage shall cross lot
BP, GP
WW
lines only where a drainage easement has been provided.
40. Concentrated drainage from off-site areas shall be conveyed across
BP, GP
WW
the project site in drainage easements.
Wastewater:
BP, GP
WW
41. Drainage piping serving fixtures which have flood level rims located
BP, GP
WW
below the elevation of the next upstream manhole cover of the public
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
Colony Square Mixed Use
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Master Plan of Development
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
Conditional Use Permit 2004-0127
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
or private sewer serving such drainage piping shall be protected from
backflow of sewage by installing an approved type backwater valve
Fixtures above such elevation shall not discharge through the
backwater valve.
42. All sewer main taps will be done by the City of Atascadero. The
developers shall pay a sewer tap fee.
43. Sewer connection permit shall be issued separately (from building
BP, GP
CE
permit) after public sewer extension has been completed and has
received a satisfactory final Public Works inspection. Final project
inspection shall be contingent upon completion of the public sewer
extension and Public Works final inspection.
Solid Waste Conditions:
44. Atascadero Waste Alternative shall approve the location, size and
BP
CE
design of all solid waste facilities. The facilities shall include room for
recycling and green waste containers. The location of the facilities will
take into account the collection of the solid waste.
STANDARD CONDITIONS
CE
45. In the event that the applicant is allowed to bond for the public
FM
CE
improvements required as a condition of this map, the applicant
shall enter into a Subdivision Improvement Agreement with the City
Council.
46. An engineer's estimate of probable cost shall be submitted for
FM
CE
review and approval by the City Engineer to determine the amount
of the bond.
47. The Subdivision Improvement Agreement shall record concurrently
FM
CE
with the Final Map.
48. The applicant shall enter into a Plan Check/Inspection agreement
BP
CE
with the City.
49. The applicant shall acquire title interest in any off-site land that may
FM
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.
50. Slope easements shall be obtained by the applicant as needed to
FM
CE
accommodate cut or fill slopes.
51. Drainage easements shall be obtained by the applicant as needed
FM
CE
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
Colony Square Mixed Use
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Master Plan of Development
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
Conditional Use Permit 2004-0127
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
to accommodate both public and private drainage facilities.
52. A preliminary subdivision guarantee shall be submitted for review in
FM
CE
conjunction with the processing of the parcel map.
53. The Final Map shall be deemed acceptable to the City Engineer
FM
CE
prior to the map being placed on the agenda for City Council
acceptance.
54. Prior to recording the Final Map, the applicant shall pay all
FM
CE
outstanding plan check/inspection fees.
55. Prior to recording the Final Map, the applicant shall complete all
FM
CE
improvements required by these conditions of approval or bond for
them.
56. Prior to recording the Final Map, the applicant shall set monuments
FM
CE
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.
57. Prior to recording the Final Map, the applicant shall submit a map
FM
CE
drawn in substantial conformance with the approved Tentative Map
and in compliance with all conditions set forth herein. The map shall
be submitted for review and approval by the City in accordance with
the Subdivision Map Act and the City's Subdivision Ordinance.
58. All existing and proposed utility, pipeline, open space, or other
FM
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.
59. Prior to recording the Final Map, the applicant shall have the Map
FM
CE
reviewed by all applicable public and private utility companies
(cable, telephone, gas, electric, Atascadero Mutual Water
Company). The applicant shall obtain a letter from each utility
company indicating their review of the map. The letter shall identify
any new easements that may be required by the utility company. A
copy of the letter shall be submitted to the City. New easements
shall be shown on the Parcel Map.
60. Prior to the issuance of building permits the applicant shall submit
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.
61. The applicant shall be responsible for the protection, relocation and/or
FM
CE
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
Colony Square Mixed Use
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Master Plan of Development
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
Conditional Use Permit 2004-0127
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
alteration of existing utilities.
62. The applicant shall install all new utilities (water, gas, electric, cable TV
FM
CE
and telephone) underground.
63. The applicant shall monument all property corners for construction
FM
CE
control and shall promptly replace them if disturbed.
64. Prior to issuance of building permits, the applicant shall submit a
BP, GP
CE
grading and drainage plan with a separate sheet(s) devoted to
sedimentation and erosion control, prepared by a registered civil
engineer for review and approval by the City Engineer.
65. Prior to the final inspection, all outstanding plan check and inspection
BP, GP
CE
fees shall be paid.
66. Prior to the final inspection, the applicant shall submit a written
FM
CE
statement from a registered civil engineer that all work has been
completed and is in full compliance with the approved plans and the
Uniform Building Code (UBC).
Atascadero Mutual Water Company
67. Before the issuance of building permits, the applicant shall submit
GP, BP
CE
plans to AMWC for the water distribution facilities needed to serve
the project. AMWC shall review and approve the plans before
construction begins on the water system improvements. All water
distribution facilities shall be constructed in conformance with
AMWC Standards and Details and the California Waterworks
Standards (Code of Regulations Title 22, Division 4, Chapter 16).
All cross -connection devices shall conform to AWWA and California
Department of Health Services standards.
68. Before issuance of building permits, the applicant shall obtain a
F
"Will Serve" letter from AMWC for the newly created lots within the
subdivision.
69. The water mains required to serve the project shall be laid out in a
grid or looped pattern and shall connect to the existing water mains
system in EI Camino Real, Morro Rd., and Santa Ysabel Ave.
70. The applicant shall provide AMWC with easements for those water
facilities proposed for operation and maintenance by AMWC that
are constructed outside of publicly maintained right-of-ways.
AMWC shall review the form and content of the easements before
recordation.
71. The applicant shall submit a hydraulic analysis with the first plan
6p,ap
check submittal of the water system improvements for the project.
The analysis should take into account the fire flows required by the
Uniform Fire Code and requirements of the California Waterworks
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
Colony Square Mixed Use
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Master Plan of Development
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
Conditional Use Permit 2004-0127
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
Standards. The applicant is responsible for designing and
constructing water system improvements that will provide water at
pressures and flows adequate for the domestic and fire protection
needs of the project.
72. The applicant shall obtain a separate landscape -irrigation meter(s)
op-ap
CE
from AMWC for the common areas within the project.
73. Landscaping for the common areas shall be drought -tolerant.
a,1
74. Before construction of the water system improvements, AMWC
shall review and approve the irrigation plans for the common areas
within the project. The irrigation plan submittal shall include the
following:
a) Landscape irrigation meter location and size.
b) Backflow prevention device type, location, and manufacturer.
c) Flow and precipitation rate for each circuit.
d) Irrigation schedules including schedules for establishment period
and post establishment period.
e) Total anticipated water application per circuit per month for both
schedules.
f) Total landscape water application.
g) Use drip irrigation where ever possible.
h) A check valve shall be installed on the lowest head in each
sprinkler circuit.
Mitigation Measures
AESTHETICS:
BP
PS, BS, CE
1.c.1
Mitigation Measure 1.c.1: The following landscape mitigations shall apply:
■ The project shall include landscaping of all common areas, including
slopes, streetscapes, parking lot shade trees and street trees.
■ The project shall include entryway feature landscaping and multi -family
common area landscaping.
■ All proposed on-site trees shall be 15 -gallon minimum size, double -
staked. Street and parking lot trees shall be selected to provide shade
over paved areas and pedestrian pathways to reduce urban heat
buildup, improve air quality, and provide visual unity to the streetscape.
■ Common area and public outdoor furniture, lighting fixtures, trash
receptacles, and signage shall be of architectural quality and durability.
Mitigation Measure 1.c.2: The proposed development shall include the use
BP
PS, BS, CE
1.c.2
of paint and roof colors designed to compliment the architectural theme and
reduce the potential for reflected light and glare.
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
BP: Building Permit
BS: Building Services
Colony Square Mixed Use
SIP: Subdivision
FD: Fire Department
Master Plan of Development
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
Conditional Use Permit 2004-0127
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
Mitigation Measure 1.c.3: Directional signage shall be incorporated into the
BP
PS, BS, CE
1.c.3
project in style and compatibility with the proposed project. Any sign lighting
shall be low-level external lighting.
Mitigation Measure 1.d.1: On-site street and parking lot lighting shall be
BP
PS, BS, CE
1.d.1
designed to eliminate any off site glare. All exterior site lights shall utilize full
cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare.
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 downtown setting, subject to staff
approval.
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Mitigation Monitoring Program
Colony Square Mixed Use
Master Plan of Development
Conditional Use Permit 2004-0127
Timing
GP: Grading Permit
BP: Building Permit
SIP: Subdivision
Improvement Plans
FM: Final Map
TO: Temporary
Occupancy
FI: Final inspection
F0: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Mitigation
Measure
Mitigation Measure 3.b: Each development phase shall be conditioned to
BP, GP
PS, BS, CE
3.b
comply with all applicable District regulations pertaining to the control of
construction equipment exhaust emissions and fugitive dust (PM -10)
emissions from construction activities 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.
■ All on and off-road diesel equipment shall not be allowed to idle for
more than 5 minutes. Signs shall be posted in the designated queuing
areas to remind drivers and operators of the 5 minute idling limit.
■ 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). The determination of the quantity and type
of diesel emission control devices that are appropriate for the project
must be performed in consultation with APCD staff three months prior
the start of the construction phase. Some consideration will include:
amount of cut & fill, age of fleet, project duration and proximity to
sensitive receptors. The APCD is concerned about the proximity of this
redevelopment project to sensitive receptors such as Atascadero Junior
High School. Sensitive receptors may be a consideration in the APCD's
decisions regarding the appropriate mitigation for the construction
phase diesel emissions.
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.
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Mitigation Monitoring Program
Colony Square Mixed Use
Master Plan of Development
Conditional Use Permit 2004-0127
Timing
GP: Grading Permit
BP: Building Permit
SIP: Subdivision
Improvement Plans
FM: Final Map
TO: Temporary
Occupancy
FI: Final inspection
F0: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Mitigation
Measure
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:
M. Reduce the amount of the disturbed area where possible.
N. Use of water trucks or sprinkler systems in sufficient quantities to
prevent airborne dust from leaving the site. Increased watering
frequency would be required whenever wind speeds exceed 15
mph. Reclaimed (non -potable) water should be used whenever
possible.
O. All dirt stockpile areas should be sprayed daily as needed.
P. Permanent dust control measures identified in the approved project
re -vegetation and landscape plans should be implemented as soon
as possible following completion of any soil disturbing activities.
Q. Exposed ground areas that are planned to be reworked at dates
greater than one month after initial grading should be sown with a
fast -germinating native grass seed and watered until vegetation is
established.
R. All disturbed soil areas not subject to re -vegetation should be
stabilized using approved chemical soil binder, jute netting, or other
methods approved in advance by the APCD.
S. All roadways, driveways, sidewalks, etc, to be paved should be
complete as soon as possible. In addition, building pads should be
laid as soon as possible after grading unless seeding or soil
binders are used.
T. Vehicle speed for all construction vehicles shall not exceed 15 mph
on any unpaved surface at the construction site.
U. All trucks hauling dirt, sand, soil, or other loose materials are to be
covered or should maintain at least two feet of freeboard (minimum
vertical distance between top of load and top of trailer) in
accordance with CVC Section 23114.
V. Install wheel washers where vehicles enter and exit unpaved roads
onto streets, or wash off trucks and equipment before leaving the
site.
W. Sweep streets at the end of each day if visible soil material is
carried onto adjacent paved roads. Water sweepers with reclaimed
water should be used where feasible.
X. The contractor or builder shall designate a person or persons to
monitor the dust control program and to order increased watering,
as necessary, to prevent transport of dust off site. The name and
telephone number of such persons shall be provided to the APCD
prior to land use clearance for map recordation and land use
clearance for finish grading of any structure.
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
Colony Square Mixed Use
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Master Plan of Development
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
Conditional Use Permit 2004-0127
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
Mitigation Measure 3.b.2: Demolition Activities
BP, GP
PS,BS, APCD
3.b.2
The project referral indicated that there are existing structures on the
proposed site that will be demolished. Demolition activities can have
potential negative air quality impacts, including issues surrounding proper
handling, demolition, and disposal of asbestos containing material (ACM).
Asbestos containing materials could be encountered during demolition or
remodeling of existing buildings. Asbestos can also be found in utility
pipes/pipelines (transite pipes or insulation on pipes). If utility pipelines are
scheduled for removal or relocation; or building(s) are removed or renovated
this project may be subject to various regulatory jurisdictions, including the
requirements stipulated in the National Emission Standard for Hazardous Air
Pollutants (40CFR61, Subpart M - asbestos NESHAP). These requirements
include but are not limited to: 1) notification requirements to the District, 2)
asbestos survey conducted by a Certified Asbestos Inspector, and, 3)
applicable removal and disposal requirements of identified ACM. Please
contact Tim Fuhs of the Enforcement Division at 781-5912 for further
information.
Mitigation Measure 3.b.3: Naturally Occurring Asbestos
BP, GP
PS,BS, APCD
3.b.3
The project site is located in a candidate area for Naturally Occurring
Asbestos (NOA), which has been identified as a toxic air contaminant by the
California Air Resources Board (ARB). Under the ARB Air Toxics Control
Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining
Operations, prior to any grading activities at the site, the project proponent
shall ensure that a geologic evaluation is conducted to determine if NOA is
present within the area that will be disturbed. If NOA is not present, an
exemption request must be filed with the District (see Attachment 1). If NOA
is found at the site the applicant must comply with all requirements outlined
in the Asbestos ATCM. This may include development of an Asbestos Dust
Mitigation Plan and an Asbestos Health and Safety Program for approval by
the APCD. Please refer to the APCD web page at:
http://www.slocleanair.org/business/asbestos.asp for more information or
contact Tim Fuhs of our Enforcement Division at 781-5912.
Mitigation Measure 3.b.4: Construction Phase Permitting
BP, GP
BS, PS, CE,
3.b.4
Portable equipment, 50 horsepower (hp) or greater, used during
APCD
construction activities may require California statewide portable equipment
registration (issued by the California Air Resources Board) or a District
permit. The following list is provided as a guide to equipment and
operations that may have permitting requirements, but should not be viewed
as exclusive.
• Portable generators (50 hp or greater)
• Concrete batch plants
• Rock and pavement crushing
• Tub grinders
• Trommel screen
Mitigation Measure 3.b.5
BP, GP
BS, PS, CE,
3.b.5
Provide Transit bus stop and transit stop enhancements to serve project
APCD
site.
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
BP: Building Permit
BS: Building Services
Colony Square Mixed Use
SIP: Subdivision
FD: Fire Department
Master Plan of Development
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
Conditional Use Permit 2004-0127
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
Mitigation Measure 3.b.6
BP, GP
BS, PS, CE,
3.b.6
Provide incentives to employees to carpool/vanpool, take public
APCD
transportation, telecommute, walk, bike, etc by implementing the
Transportation Choices Program. The applicant should Contact SLO
Regional Rideshare at 541-2277 to receive free consulting services on how
to start and maintain a program.
Mitigation Measure 3.b.7
BP, GP
BS, PS, CE,
3.b.7
Provide pedestrian signage and signalization to improve pedestrian safety.
APCD
Mitigation Measure 3.b.8
BP, GP
BS, PS, CE,
3.b.8
Provide continuous pedestrian walkways separated from the roadway by
APCD
landscaping and on street parking, as feasible.
Mitigation Measure 3.b.9
BP, GP,
BS, PS, CE,
3.b.9
Implement on-site circulation design element in parking lots to reduce
APCD
vehicle queuing and improve the pedestrian and bicycle environment.
Mitigation Measure 3.b.10
BP, GP
BS, PS, CE,
3.b.10
Provide engineered connections between the project and the existing
APCD
network of bicycle routes/paths, as feasible.
Mitigation Measure 3.b.11
BP, GP
BS, PS, CE,
3.b.11
Provide on-site long and short term secure bicycle parking for residential
APCD
and commercial elements of the project.
Mitigation Measure 3.b.12
BP, GP
BS, PS, CE,
3.b.12
Include internal wiring/cable in dwelling units and office buildings that
APCD
enables multiple points where telecommuting, telelearning and
teleconferencing can occur simultaneously.
Mitigation Measure 3.b.13
BP, GP
PS, BS, CE,
3.b.13
Increase the building energy efficiency rating by 10% above what is required
APCD
by Title 24 requirements. This can be accomplished in a number of ways
(increasing attic, wall, or floor insulation, installing double pane windows,
using efficient interior lighting, etc.).
Mitigation Measure 3.b.14
BP, GP
PS, BS, CE,
3.b.14
Provide outdoor electrical outlets to encourage the use of electric appliances
APCD
and tools.
Mitigation Measure 3.b.15
BP, GP
PS, BS, CE,
3.b.15
Use built-in energy efficient appliances.
APCD
Mitigation Measure 3.b.16
BP, GP
PS, BS, CE,
3.b.16
Use low energy parking lot and street lights.
APCD
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
BP: Building Permit
BS: Building Services
Colony Square Mixed Use
SIP: Subdivision
FD: Fire Department
Master Plan of Development
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
Conditional Use Permit 2004-0127
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
BP, GP
PS, BS, CE,
3.b.17
Mitigation Measure 3.b.17
APCD
The following uses could be problematic if residential quarters are included
in the same building and are not recommended by APCD:
• Nail Salons
• Dry-cleaners
• Coffee Roasters
• Gasoline Stations
• Furniture refurbishing/refinishing
• Any type of Spray Paint Operation
BIOLOGICAL RESOURCES:
BP, GP
PS, BS
4.e.1
Mitigation Measure: 4.e.1: The Precise Grading Plan shall identify tree
protection fencing around the dripline of each existing on-site tree identified
for retention within 20 feet of construction activity.
Mitigation Measure 4.e.2: The building permit site plan shall identify all
BP, GP
PS, BS
4.e.2
protection and enhancement measures recommended by the Certified
Arborist in the Tree Protection Plan which shall be submitted prior to permit
issuance. Tree protection fencing shall be installed at the locations identified
in the Tree Protection Plan and/or as recommended by the project arborist.
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Mitigation Monitoring Program
Colony Square Mixed Use
Master Plan of Development
Conditional Use Permit 2004-0127
Timing
GP: Grading Permit
BP: Building Permit
SIP: Subdivision
Improvement Plans
FM: Final Map
TO: Temporary
Occupancy
FI: Final inspection
F0: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Mitigation
Measure
Mitigation Measure 4.e.3: Trees proposed for removal shall be replaced on
BP, GP
PS, BS
4.e.3
site as 15 gallon minimum size trees at a 4:1 ratio. All tree
impact/replacement mitigation shall be consistent with Atascadero Municipal
Code Section 9-11.105. The certified arborists report shall be responsible
for monitoring the project during all phases of construction through project
completion, as follows:
(a) A written agreement between the arborist and the developer outlining
an arborist monitoring schedule for each construction phase through
final inspection shall be submitted to and approved by planning staff
prior to the issuance of building/grading permits.
(b) Arborist shall schedule a pre -construction meeting with engineering
/planning staff, grading equipment operators, 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, root zone fencing trunk protection, and any other
precautions shall be installed for inspection during the meeting.
(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 final status report shall be prepared by the project arborist certifying
that the tree protection plan was implemented, the trees designated for
protection were protected during construction, and the construction -related
tree protection measures are no longer required for tree protection.
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
Colony Square Mixed Use
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Master Plan of Development
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
Conditional Use Permit 2004-0127
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
Mitigation Measure 4.e.4: Grading and excavation work shall be consistent
BP,GP
PS,BS
4.e.4
with the City of Atascadero Tree Ordinance. Special precautions when
working around native trees include:
• All existing trees outside of the limits of work shall remain.
• Earthwork shall not exceed the limits of the project area.
• Low branches in danger of being torn from trees shall be pruned prior to
any heavy equipment work being done.
• Vehicles and stockpiled material shall be stored outside the dripline of
all trees.
• All trees within the area of work shall be fenced for protection with 4 -
foot chain link, snow or safety fencing placed per the approved tree
protection plan. Tree protection fencing shall be in place prior to any
site excavation or grading. Fencing shall remain in place until
completion of all construction activities.
• Any roots that are encountered during excavation shall be clean cut by
hand and sealed with an approved tree seal
GEOLOGY AND SOILS:
GP
PS, BS, CE
6.b.1
Mitigation Measure 6.b.1: 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.2: All cut and fill slopes shall be treated with an
GP
PS, BS, CE
6.b.2
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.1: A site-specific soils report shall be required to
BP, GP
PS, BS, CE
6.c.d.1
be submitted with a future building permit by the community development
department. The building plans will be required to follow the
recommendations of the soils report to assure safety for occupants and
buildings.
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
Colony Square Mixed Use
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Master Plan of Development
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
Conditional Use Permit 2004-0127
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
HYDROLOGY AND WATER QUALITY:
TO, FI
PS, BS, FD
8.0.1
Mitigation Measure 8e.f.1: A Storm Water Pollution Prevention Plan
(SWPPP)/Erosion Control Plan shall be submitted by the applicant and
reviewed and approved by the City Engineer prior to the issuance of the
building permit. The plan shall include storm water measures for the
operation and maintenance of the project for the review and approval of the
RWQCD and 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
8e.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 work orders.
Mitigation Measure 8.e.1: The proposed storm drain system, including the
GP
PS, BS, CE
8.e.1
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: All construction activities shall comply with the
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.
TRANSPORTATION/TRAFFIC:
BP, CE
PS, BS, CE
15.f.1
Mitigation Measure 15.f.1: The project entrance on EI Camino Real shall
operate at Level of Service "C" or better during am and pm peak hour traffic
flow. The existing driveways across EI Camino Real from the project
entrance, Denny's Restaurant and Rabobank, shall be incorporated into one
driveway that is directly across the entrance. Landscaped medians with turn
pockets will be placed on EI Camino Real to control turning movements.
Traffic signal or other traffic control device may be place in order to achieve
Level of Service "C". This device shall be approved by Caltrans and Public
Works to be sure it does not conflict with existing traffic control on EI Camino
Real.
Mitigation Measure 15.f.2: A pedestrian crossing shall be constructed
BP, CE
PS, BS, CE
15.f.2
across EI Camino Real. This pedestrian crossing will be designed and
constructed to allow pedestrians sufficient time to cross EI Camino Real and
provided sufficient site distance and warning for vehicles to stop for the
pedestrians. A refuge area will be placed in the median in EI Camino Real
for pedestrians.
ITEM NUMBER:
DATE: 4-15-08
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
Colony Square Mixed Use
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Master Plan of Development
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
Conditional Use Permit 2004-0127
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
Mitigation Measure 15.f.4: The intersection of Capistrano, Lewis Avenue,
BP, CE
PS, BS, CE
15JA
and the project entrance shall be a 4 way stop with crosswalks.
Mitigation Measure 15.f.5: A transit stop shall be incorporated into the
BP, CE
PS, BS, CE
15J.5
project frontage along EI Camino Real. The transit stop shall have a turn
out, signage and shelter designed to City Standards and approved by
Atascadero Transit.
Mitigation Measure 15.f.6: Passenger drop off zone will be incorporated into
BP, CE
PS, BS, CE
15.f.6
the project frontage on EI Camino Real. This drop off zone will not conflict
with the transit stop.
BP, CE
PS, BS, CE
15.f.7
Mitigation Measure 15.f.7: The interior circulation system shall allow
vehicles to access to the 3 project driveways with clear and unobstructed
travel. The parking lot and parking spaces shall be designed per the
Municipal Code 9-4. Parking spaces shall be set back far enough from the
project entrances to allow vehicles to enter the site without having to wait on
the City street for vehicles backing out of parking spaces.
BP, CE
PS, BS, CE
15.f.8
Mitigation Measure 15.f.8: The project applicant shall acquire one or more
written legal parking agreements with property owners of adjacent or nearby
parking sites for an amount to satisfy maximum peak parking demands (as
identified in Table B) during the any day of the week . The parking
agreement shall be approved by the City prior to issuance of building permit.