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HomeMy WebLinkAboutPC_2008-05-06_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, May 6, 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 May 6, 2008 Page 2 of 5 (All items on the consent calendar are considered to be routine and non -controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions.) 1. PLN 2008-1289 / TRP 2008-0120 TREE REMOVAL PERMIT. 5715 SANTA CRUZ #66 Property Owner: Hilltop Mobile Manor, LLC, 142 Sparrow Cir., Grass Valley, CA 95945-5758 Applicant: Heather McIntire, 5715 Santa Cruz Rd. #66, Atascadero, CA 93422 Certified Arborist: Steve Alvarez, A&T Arborists, PO Box 1311, Templeton, CA 93465 Project Title: PLN 2008-1289/TRP 2008-0120 Project Location: 5715 Santa Cruz Road, #66, Atascadero, CA 93422 APN 049-042-006 (San Luis Obispo County) Project Description: A request to remove one (1) native oak tree 49" in diameter within an existing mobile home park. It has been determined that the oak tree is damaged beyond reclamation by a certified arborist and creates a hazardous situation for residents. 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: 2. PLN 2007-1237, WOODLANDS CONDITIONAL USE PERMIT AMENDMENT, CIRUELA WAY, LOS OLIVOS CT., CIRUELA CT., DECHADO CT. Property Woodlands Atascadero, LLC, PO Box 4013, SLO, CA 93403 Owner/Applicant: Project Title: Woodlands CUP Amendment, PLN 2007-1237, SP 2003-0001, ZCH 2003-0041, CUP 2004-0123, TTM 2007-0100 Project Location: Ciruela Way, Los Olivos Cir., Ciruela Ct., Dechado Ct., Atascadero, CA 93422 APN 045-311-014, 015, 016 (San Luis Obispo County) Project The proposed project consists of a request to: Description: 1. Amend CUP 2004-0123 (Master Plan of Development) to allow 50 individual condominiums (for sale) units in place of 50 rental units and to allow placing condominium status over five (5) buildings which consist of ten (10) apartments each and; 2. Process a Tentative Tract Map for 50 individual air space condominium units and 5 buildings containing 10 apartments each, for a total of 55 condominium units. General Plan Designation: (HDR) High Density Residential Zoning District: (SP1) Specific Plan 1, Woodland Specific Plan Proposed Consistent with previously certified Mitigated Negative Declaration 2003-0026 prepared Environmental for the Woodlands Specific Plan. Determination: City of Atascadero Planning Commission Agenda NEW BUSINESS: Regular Meeting May 6, 2008 Page 3 of 5 3. PLN 2007-1260, TENTATIVE PARCEL MAP FOR 7095 EL CAMINO REAL Property Atascadero Enterprises, 2505 Theatre Drive, Paso Robles, CA 93446 Owner/Applicant: Allied Atascadero, LLC, 11150 Santa Monica Blvd., Ste. 770, Los Angeles, CA 90025 Project Title: PLN 2007-1260/Tentative Parcel Map 2007-0093 Project 7095 EI Camino Real, Atascadero, CA 93422 Location: APN 030-081-045, 046 (San Luis Obispo County) Project The proposed project consists of a request to subdivide an existing commercial parcel Description: into 2 lots. The project site is currently being developed with the approved Lube -n -Go project and Carl's Jr. project. The proposed subdivision would allow each use to be located on an individual parcel. General Plan Designation: General Commercial (GC) Zoning District: Commercial Retail (CR) Proposed Exempt per CEQA Section 15315 — minor land divisions. Environmental frontages. The site is currently vacant and located within the existing K -Mart Shopping Determination: Center. 4. PLN 2099-0876, RECONSIDERATION OF CONDITIONAL USE PERMIT 2005- 0148,4300 EL CAMINO REAL Property Owner: K -Mart Corporation, 3100 W. Big Beaver Rd., Troy, MI 48084 Applicant: Allied Atascadero, LLC, 11150 Santa Monica Blvd., Ste. 770, Los Angeles, CA 90025 Project Title: Reconsideration of Conditional Use Permit 2005-0148 Project Location: 4300 EI Camino Real, Atascadero, CA 93422 (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 K -Mart Shopping Center. General Plan Designation: General Commercial (GC) Zoning District: Commercial Retail (CR) Proposed Consistent with the previously Certified Mitigated Negative Declaration. Environmental Determination: City of Atascadero Planning Commission Agenda Regular Meeting May 6, 2008 Page 4 of 5 5. PLN 2007-1257, CONDITIONAL USE PERMIT FOR RECHARGE PONDS Owner / Applicant: Atascadero Mutual Water Company, P.O. Box 6075, Atascadero, CA 93423 Project Title: PLN 2007-1257 / Conditional Use Permit 2007-0221 Project Location: River Parcel, Near Well #7 Atascadero, CA 93422 (San Luis Obispo County) APN 049-011-003 Project The proposed project includes an application for a Conditional Use Permit to construct Description: three (3) water recharge ponds as part of the Atascadero Mutual Water Company's facilities expansion. The ponds are approximately 250 feet by 440 feet in size. They are proposed to be a kidney bean shape, and will be enclosed with a six-foot tall coated chain link fence. A landscape buffer will be installed around the fence to minimize visual impacts. The proposed project consists of two (2) phases. The first phase will include the construction of one (1) water recharge pond requiring 22,000 cubic yards of cut. The second phase will be constructed only if necessary, and will include the construction of two (2) additional water recharge ponds requiring a total of 32,850 cubic yards of cut. The excavated fill dirt is proposed to be used to create a building pad on the same parcel for upgrades to Well #4. Excess dirt will be stock piled at the Atascadero Mutual Water Company's property on Sycamore Road. General Plan Designation: Public (P) Zoning District: Residential Public (P) 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 at Determination: 6907 EI Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on May 20, 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 May 6, 2008 Page 5 of 5 City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m., at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall Annex business hours at the Community Development counter and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-5000, or the City Clerk's Office, (805) 461-5000. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Commission regarding the matter being considered to step up to the podium. If you wish to speak for, against, or comment in any way: • You must approach the podium and be recognized by the Chairperson • Give your name and address (not required) • Make your statement • All comments should be made to the Chairperson and Commission • All comments limited to 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). ITEM NUMBER: 1 DATE: 5-6-08 Atascadero Planning Commission Staff Report - Community Development Department Kelly Gleason, Senior Planner, 470-3436, kgleasonoatascadero.org Tree Removal Permit 2008-0120 PLN 2008-1289 5715 Santa Cruz Rd #66 (McIntire) SUBJECT: A request to remove one (1) native oak tree 49" in diameter within an existing mobile home park. It has been determined that the oak tree is damaged beyond reclamation by a certified arborist and creates a hazardous situation for residents. RECOMMENDATION: Staff recommends.- The ecommends. The Planning Commission adopt Resolution PC 2008-0025 to approve the request to remove one (1) native oak tree subject to conditions of approval. Situation and Facts: 1. Owner: Hilltop Mobile Manor, LLC, 142 Sparrow Cir., Grass Valley, CA 95945-5758 2. Applicant: Heather McIntire, 5715 Santa Cruz Rd #66, Atascadero, CA 93422 3. Certified Arborist: A & T Arborists, Steven Alvarez, PO Box 1311, Templeton, CA 93465 4. Project Address: 5715 Santa Cruz Rd, Atascadero, CA 93422 APN: 049-042-006 BACKGROUND: The applicant is proposing the removal of one (1) native oak tree located within the existing Hilltop Mobile Home Park which has been determined to be hazardous by a ITEM NUMBER: 1 DATE: 5-6-08 certified arborist. Ii1 i Ii1 WA&%**3 According to the arborist, the subject tree has two major cavities and a lean of 19 to 24 degrees, categorized as severe. Based on the location of the tree within a populated mobile home park the arborist listed the target potential at a 4, noting that the tree has the ability to impact pedestrians, structures, and vehicles. Based on the analysis, the arborist determined that the tree has a high likelihood of failure and was rated a 12 out of 12 based on the proximity to the listed targets. The arborist recommends that the tree be removed. Per the requirements of the Atascadero Native Tree Ordinance, the following mitigation is required: Staff has conditioned that the applicant follow the mitigation requirements of the Native Tree Ordinance, which would allow for replanting, payment of mitigation fees, or a combination thereof. FINDINGS: In considering any tree removal request, at least one of the findings must be made. Staff has identified the following finding as appropriate for the application request. ITEM NUMBER: 1 DATE: 5-6-08 The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist. CONCLUSION: The tree has been determined to be damaged beyond reclamation by a certified arborist. Based on the arborist report and above analysis, findings can be made to approve the requested removal. PREPARED BY: ATTACHMENTS: Attachment 1 Attachment 2 Kelly Gleason, Senior Planner Arborist Report Draft Resolution PC 2008-0025 Attachment 1: Arborist Report ITEM NUMBER: DATE: 5-6-08 A & T ARSORISTS P.O. BOX 1811 TEMPLETON, CA 83485 (805) 4340151 April 21, 2008 Background Information: On April 21, 2008 we were contacted by Charles and Heather McIntire Managers of the Hill Top Mobile Manor to perform a hazard tree examination on a tree in their landscape that appeared to be leaning over the office and parking lot area. Assignment: 1. Perform an on-site investigation to assess the lasting integrity of the tree. 2. Prepare a written report discussing our observations and conclusions about the investigation. Limitations of the assignment: I believe the thoroughness of the on-site examination is adequate for making reliable conclusions, professional recommendations, and completing this assignment. However, the following limitations should be documented. 1. The report is limited to documenting the condition of the trees on the dates given. 2. No aerial observations were made. Observations: Investigative Procedures: Observations, measurements and documentation were performed from the ground with the use of a camera, tape measure, binoculars, and soil probe. Data collected was documented on a form called hazard evaluation form pages 1 & 2. When conducting the on-site examination, observations of site, soil root collar, trunk, branch attachments, lateral branches, shoot tips, and leaves were documented. Site Observations: The site is landscape nicely and the subject tree is in a lawn setting and office parking area. Tree Characteristics: The subject live oak tree is growing on the west side of the office. Tree is approximately 55' tall and has a 60'spread the trunk diameter is 49". The trees form is major asymmetry, the live crown ratio is 60% and the age class is mature. The tree has had several pruning events. The crown class is observed as co -dominant and we have categorized the Special Value as being indigenous and protected by government. ITEM NUMBER: 1 DATE: 5-6-08 Tree Health: The foliage color is normal and epicormic growth was observed. Foliage density was overall normal and the leaf size was normal, the only growth obstruction and always has been is the pavement at parking area. The vigor class is fair and pit scale was observed from the recent small twig fallings. Site Conditions: The site character is commercial trailer park. The tree has daily irrigation water supply. The wind exposure is mostly above the canopy and the prevailing wind direction is from the west. The Occurrence of snow and ice storms is identified as seldom (10-15) years. Target: The potential target could impact office building, pedestrian traffic, landscape, hardscape and small features. The targets cannot be moved or restricted. The target occupancy is documented as constant use do to the office and parking area. Tree Defects: The subject tree has two major cavities within the plan of the trees lean. Please see photos 1-5. The tree has a natural lean of 19-24 degrees, lean severity noted as severe, no soil was observed as heaving, cracking and no broken roots observed. Testing and Analysis: The two cavities were probed to determine the downward and upward extent of the cavities. A soil probe was used to determine if the soil was heaving. Discussion: The presents of oak root fungus has been within the subject tree for many years. Conclusions: Due to the scaffolds and trunk configuration having a 19-24 degree lean form vertical and the decay is in the plane of the lean makes the subject tree prone to failure at the trunk crown. The tree part most likely to fail is the trunk area that has the two cavities that are in the plain of the tree lean. Recommendations: After examination and review of the subject tree we have rated the hazard as 12, out of 12. We recognize the subject tree as a hazard that cannot be abated. Due to the above examination we feel the subject tree is an immediate action needed and should be removed. Steven G. Alvarez Certified Arborist #WE 0551111--A ITEM NUMBER: DATE: 5-6-08 c,; EVALUATION OF HAZARD TREES A Photographic Guice to the Evaluation of Hazard Trees in Urban Areas TREE HAZARD EVALUATION FORM 2nd Edition TREE HAZARD RATING: Failure Size Target = Hazard Potentiai or pan Rating Rating k_ mmeaiate action needed Neeps lumef Inspection Deao ,as Tree #. . /._ Species:��^'�k�''-«` S 'r DBH:• r a of trunks: Height: may_ Spread: Form: '9 generally symmetric = minor asymmetry _ major as. mmetry _ stump Sproul _ stag-neaeec crown class: ,gt dominanr '`eco-dommant :: intermediate _ suppressed Live crown ratio: �U % Age class: _ young _ semrn:ature mature over-maturetsenescenl Pruning history: G crown cleaned G exCESSivety tinned C topped crown raised '-. pollarded _' crown reduced - flush cuts -. cabiea/bracea none multiple pruning events Approx. dates: Special Value: ❑ specimen ❑ neflfagemlStbne J wildlife ❑ unusual _ street tree screen = snade = indigenous Xprotected Dy go, agency TREE HEALTH Foliage color. ;J normal ❑ chlorotic ❑ necrotic Epiedrmies?0 N Growth obstructions: _ _ Foliage density: normal sparse Leal sin: ❑ normal --'Small _ stakes Z wuenies _- signs _ cables Annual shoot growth: ❑ excellent Nayerage "poor Twig Oieoack? y N Kcuruipavement _ guards Woundwood development: a excellem X average _ poor U none other Vigor claw: _excellent ❑ averag 25 tau a poor Major pesWdiseases: el(K J SITE CONDITIONS site character i Jresjderkce 9, commercial u industrial ❑ pa: x _ open space ❑ natural ^ woodlandIVdresf Landscape type: ❑ parkway ❑ raised bed ❑ container _ rn wnd lawn _ shrub border _ wind break Imgadon: ❑ none ❑ adequate ❑ inadequate y$ excessive Z trunk welled Recent site disturbance? Yo ❑ construction _ soil disturbance _ grade change � line clearing she clearing Y. dripline paved: ll// �1!' a ._AD,_2 25-_50% 75% 75-1009/6 Pavement flied? Y N •dripline wlfill soil: �0% a�5'%--'�-'mea4%—M'4G9%-_---- • dripline grade lowered: _ ]8.25%---25-50%-'S0=?5%- 75.100%" Soil problems: C3 drainage �, snallow :D compacted ❑ droughty 7—'saline _ alkaline - acidic :1 small volume disease center _ h6tpry dl fail _ day _ expansive ,_ slope _.(2_ ° aspect: Obstructions: ❑ lights _ signage ❑ line -at -sight ❑ wew ❑ ovemead lines ❑ underground utilitiesradic ❑ adjacent veg. _ Exposure to wind: O single tree ❑ below canopy ❑ above canopy ❑ recently exposed X.indward. canopy edge ❑ area prone to wmdinrow Prevailing wind direction: 114 1C -J_ Occurrence of snow/ice storms ❑never eldom ❑ regulary TARGET Use Under Tree: TSDuilding parking .traffic 11i:',( pedwrian ❑ recreation PJandscaple rdscape ❑ smalf features ❑ utilirylines Can target be moved? Y l i` can use be restricted? YON Oavpaney. ❑ occasional use C3intermittent use E)frequent use ' constant use The Intemalional Society of Arboriculture assumes no responsibility for conclusions or recommendations derived from use of this form Specimen: TREE HAZARD EVALU.Al.1UN rUKM, rage a SltelAdoress. !.tap/Lucationc f O r .. Nc•-ems-. Owner public private _-L unknown _ Olner Date`--' a _� ,Inspector ��ale OI last inspection: TREE HAZARD RATING: Failure Size Target = Hazard Potentiai or pan Rating Rating k_ mmeaiate action needed Neeps lumef Inspection Deao ,as Tree #. . /._ Species:��^'�k�''-«` S 'r DBH:• r a of trunks: Height: may_ Spread: Form: '9 generally symmetric = minor asymmetry _ major as. mmetry _ stump Sproul _ stag-neaeec crown class: ,gt dominanr '`eco-dommant :: intermediate _ suppressed Live crown ratio: �U % Age class: _ young _ semrn:ature mature over-maturetsenescenl Pruning history: G crown cleaned G exCESSivety tinned C topped crown raised '-. pollarded _' crown reduced - flush cuts -. cabiea/bracea none multiple pruning events Approx. dates: Special Value: ❑ specimen ❑ neflfagemlStbne J wildlife ❑ unusual _ street tree screen = snade = indigenous Xprotected Dy go, agency TREE HEALTH Foliage color. ;J normal ❑ chlorotic ❑ necrotic Epiedrmies?0 N Growth obstructions: _ _ Foliage density: normal sparse Leal sin: ❑ normal --'Small _ stakes Z wuenies _- signs _ cables Annual shoot growth: ❑ excellent Nayerage "poor Twig Oieoack? y N Kcuruipavement _ guards Woundwood development: a excellem X average _ poor U none other Vigor claw: _excellent ❑ averag 25 tau a poor Major pesWdiseases: el(K J SITE CONDITIONS site character i Jresjderkce 9, commercial u industrial ❑ pa: x _ open space ❑ natural ^ woodlandIVdresf Landscape type: ❑ parkway ❑ raised bed ❑ container _ rn wnd lawn _ shrub border _ wind break Imgadon: ❑ none ❑ adequate ❑ inadequate y$ excessive Z trunk welled Recent site disturbance? Yo ❑ construction _ soil disturbance _ grade change � line clearing she clearing Y. dripline paved: ll// �1!' a ._AD,_2 25-_50% 75% 75-1009/6 Pavement flied? Y N •dripline wlfill soil: �0% a�5'%--'�-'mea4%—M'4G9%-_---- • dripline grade lowered: _ ]8.25%---25-50%-'S0=?5%- 75.100%" Soil problems: C3 drainage �, snallow :D compacted ❑ droughty 7—'saline _ alkaline - acidic :1 small volume disease center _ h6tpry dl fail _ day _ expansive ,_ slope _.(2_ ° aspect: Obstructions: ❑ lights _ signage ❑ line -at -sight ❑ wew ❑ ovemead lines ❑ underground utilitiesradic ❑ adjacent veg. _ Exposure to wind: O single tree ❑ below canopy ❑ above canopy ❑ recently exposed X.indward. canopy edge ❑ area prone to wmdinrow Prevailing wind direction: 114 1C -J_ Occurrence of snow/ice storms ❑never eldom ❑ regulary TARGET Use Under Tree: TSDuilding parking .traffic 11i:',( pedwrian ❑ recreation PJandscaple rdscape ❑ smalf features ❑ utilirylines Can target be moved? Y l i` can use be restricted? YON Oavpaney. ❑ occasional use C3intermittent use E)frequent use ' constant use The Intemalional Society of Arboriculture assumes no responsibility for conclusions or recommendations derived from use of this form Specimen: TREE HAZARD EVALU.Al.1UN rUKM, rage a ITEM NUMBER: 1 DATE: 5-6-08 EVALUATING •ZEES FOR HAZARD TREE DEFECTS ROOT DEFECTS: Suspect mat rol:O N Mushroom/conWbracket present: v( IN7 10: Exposed roots: severe , moderaie u'rer Undermined: ::•er= �re;centena Root pruned: Lstance:•7m 'runk Roof area affected— Buttress wounded: •/'TJ When: Restricted raal area: .severe macerate X,ow Potential lot tool ladure: ;dvere noodnre X ow LEON. _ _-__ aeg. from venIC01 . natural unnaturat . ielbcorre:;eu Soil heaving: Decay in plane of lean:/ Y /N Roots broken r �N Soil cracking: v N Compounding factors: l/ .._. _ Lean severity: severe Moderate 10", CROWNOEFECTS:.naicate presence of Individual defects and rife 4hen severity ;s : severe.:n : macerate. I - mwl DEFECT ROOTCROWN I TRUNK - SCAFFOLDS BRANCHES Poor la er I I Bow. sweeD I t Codaminantsrforks I l Multiple attachments I InUuded hark I I Excessive end wet nr I I f cracks/sotits I iia ers x Girdling Woundsrseam Dern S CavityI S Conks/mustlrooms/bracket Bleeding/sap flow Loose/cracked bark riesurift notUbce nive Deadwood/stubs Borersttemnit ants I S -Cankersf alls(buns Previous failure HAZARD RATING, Tree part most likely to fal: -7-77 .✓ 1. Tim 5 Failure potential: 1 •law; 2 •medium; 3 -high; - severe —` Inspection period: annual _ biannual _ other Size of part t - e6' (15 cm); 2.6-t8" (15.45 an): Failure Potential . Size of Part .Target Rating =Hazard Rating 3 - 18-30" (45.75 c • 4 - >3 �] Cfl . . / Target rating: 1 - occasional us ent use: �' y T ` 12— 3 - frequent U:4—Eonstant use HAZARD ABATEMENT Prune: ❑ remove defective part ❑ reduce end weight ❑ crown clean ❑ thin = raise canopy ❑ crown reduce ❑ restructure ❑ shape Cable/Brace: Inspect further ❑ root crown ❑ decay = aerial 0 monitor Remove tree: YON Replace7� Move target Y N Other. Effect on adjacent trees:- .0none ,evaluate Notification: ❑ owner $manager ❑ governing agency Date: COMMENTS C-L'(W- b 66X�fraWdX(2Y�`J• i Specimen: TREE HAZARD EVALUATION FORM, Page 2 7 ITEM NUMBER: DATE: 5-6-08 ITEM NUMBER: DATE: 5-6-08 � � J � U � U � rJ 3 r Yrr tp ' er. n i - / 4 i'.�s..'�-r�i...: ITEM NUMBER: DATE: 5-6-08 ITEM NUMBER: 1 DATE: 5-6-08 Attachment 2: Draft Resolution PC 2008-0025 DRAFT RESOLUTION PC 2008-0025 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING TREE REMOVAL PERMIT 2008-0120 TO ALLOW THE REMOVAL OF ONE DAMAGED NATIVE OAK TREE LOCATED AT 5715 SANTA CRUZ RD (APN 049-042-006) (MCINTIRE) WHEREAS, an application for a Tree Removal Permit has been received from Hilltop Mobile Manor, LLC, 142 Sparrow Cir., Grass Valley, CA 95945-5758 (Owner) and Heather McIntire, 5715 Santa Cruz Rd #66, Atascadero, Ca 93422, (Applicant) to allow the removal of one native oak tree at Hilltop Mobile Home Park; and, WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on May 6, 2008, and considered testimony and reports from staff, the applicants, and the public; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero, California takes the following actions: SECTION 1. Findings for Approval of Tree Removal Permit. The Planning Commission finds as follows: ■ The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist SECTION 2. Approval. The Planning Commission hereby approves Tree Removal Permit 2008-0120 subject to the following: Exhibit A: Conditions of Approval ITEM NUMBER: 1 DATE: 5-6-08 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: 5-6-08 Exhibit A: Conditions of Approval Tree Removal - TRP 2008-0120 Conditions of Approval Timing Responsibility TRP 2008-0120 /Monitoring PR: Prorto Removal PS: Planning Services BL: Business License BS: Building Services BP: Building Permit FD: Fire Department TO: Temporary Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. The applicant shall mitigate the removal of the 49"-dbh PR PS Live Oak Tree in accordance with the requirements of the Atascadero Native Tree Ordinance. ITEM NUMBER: 2 DATE: 5-6-08 Atascadero Planning Commission Staff Report - Community Development Department Steve McHarris, Deputy Director, 470-3482, smcharrisCatascadero.org Conditional Use Permit Amendment 2004-0123 Tentative Tract Map 2007-0100 (Tentative Tract 2937) PLN 2007-1237/ZCH 2003-0041 Ciruela Wy, Los Olivos Circle, Ciruela Ct, Dechado Ct (Woodlands Atascadero, LLC) SUBJECT: The proposed project consists of a request to: 1. Amend Conditional Use Permit 2004-0123 (Master Plan of Development) to allow 50 individual condominium ("for sale") units in place of 50 rental units and to allow placing condominium status over five (5) buildings which consist of ten (10) apartments each; and 2. Process a Tentative Tract Map for 50 individual air space condominium units and five buildings containing ten (10) apartments each, for a total of 55 condominium units. RECOMMENDATION: 1. Adopt Resolution No. PC 2008-0014 approving the Amendment to Conditional Use Permit 2004-0123 modifying the Master Plan of Development from 100 apartments to 50 apartments and 50 individual condominiums and allowing for the placement of condominium status on the five (5) apartment buildings subject to conditions and mitigation monitoring; and 2. Adopt Resolution No. PC 2008-0015 approving TTM 2007-0100 Tentative Tract Map 2937 for air space condominium purposes subject to conditions and mitigation monitoring. ITEM NUMBER: 2 DATE: 5-6-08 SITUATION AND FACTS: 1. Applicant / Representative: Woodlands Atascadero, LLC P.O. Box 4013, San Luis Obispo, CA 93403 2. Project Address: Circuela Wy, Los Olivos Circle, Ciruela Ct, Dechado Ct, Atascadero, CA 93422 (San Luis Obispo County) APN 045-311-014, 015, 016 3. General Plan Designation: (HDR) High -Density Residential 4. Zoning District: (SP1) Specific Plan 1, Woodlands Specific Plan 5. Site Area: 5.8 acres 6. Existing Use: Under development 7. Environmental Status: Consistent with previously certified Mitigated Negative Declaration 2003-0026 prepared for the Woodlands Specific Plan. DISCUSSION: Background On October 14, 2003, the City Council approved Specific Plan #1 for the Woodlands project. The Specific Plan defines the process for development of a 272 -unit residential subdivision and associated improvements. The project site is currently under construction within the "Las Lomas" development. The project, as originally approved allowed for 122 small lot single-family units; 21 estate lot single-family units, 35 townhome units and 100 apartments for a total of 278 residential units. The project approval also included a Phasing Plan which identified all of the multi -family units to be developed prior to the upper (southerly) 66 lots of the SFR -2 single-family area being developed. On May 18, 2004, the 35 townhomes and 100 rental unit apartments were approved under the required Conditional Use Permit process. This approval included a Master Plan of Development which identifies architectural, landscape, site improvements, and affordable units. This approval also identified and conditioned the following deed restricted affordable units for a 30 -year period: • Two (2) Very Low Income Apartments; • Five (5) Low Income Apartments; ITEM NUMBER: 2 DATE: 5-6-08 • Eight (8) Moderate Income Apartments; • Nine (9) Moderate Income Town homes; and • 2.5% in -lieu fees of the building valuation for five (5) apartment units. All units shall be evenly distributed throughout the multi -family residential complex, subject to staff approval. On February 19, 2008, the Planning Commission considered three requested changes: 1) allow second units in the RSF-3 portion of the development per Zoning Ordinance requirements; 2) modify the Master Plan of Development (Conditional Use Permit) to change the 100 apartments to 50 individual condominiums and five 10 -unit apartment buildings; and, 3) approve a tentative tract map for condominium purposes. The Commission approved the first request regarding the second units and continued the second and third requests for additional information. Planning Commission Requested Information Specifically, the Planning Commission asked for more information regarding the following four items: 1. Identify total number of apartments and condominiums within the City of Atascadero. Staff Comment: Although staff does not yet have the ability to provide an accurate number of citywide condominium units, we do know that as of the year 2000, the City has approved 198 condominium units. During this time period, 7 apartment units have been converted to condominiums. The General Plan Housing Element identifies 3,062 multi -family dwelling units as of 2001. Staff does not have an accurate break down of what percentage of these units are condominiums vs. rental apartments. 2. Identify vacancy rate of apartments and condominiums within the city, Staff Comment: Staff has discussed this item with the applicant and the San Luis Obispo County Housing Trust Fund. Although specific numbers are difficult to obtain, current vacancy rates appear to be on the high side typically between 5 — 10 percent. 3. Clarify the proposed change in affordable unit types. ITEM NUMBER: 2 DATE: 5-6-08 Staff Comment: The applicant is requesting that the previous approval for 8 affordable rental apartments at the moderate level, be changed to 3 affordable rental apartments and 5 affordable for -sale condominiums. Staff's opinion is that as long as these units are in the same (moderate) affordability category, they are both beneficial to the City. 4. Research for consistency with General Plan Policy 3.1 to ensure that the proportion of low and moderate rental housing is not significantly reduced. Staff Comment: There is no proposed change to the proportion of low to moderate rental housing. The proposed change of moderate apartments to moderate condos does not represent a significant change under General Plan Policy 3.1. Condominium Conversion Ordinance addresses General Plan Policies concerned with reduction of affordable for -rent apartment housing. The Conversion Ordinance only regulates housing that has been constructed and finaled. Although approved through the CUP process, the proposed request is not constructed and not subject to the Condominium Conversion Ordinance. If approved, the construction of new condominiums will comply with the following General Plan Housing Element Policies: Policy 1.2. Encourage a variety of high quality housing types in multi -family areas. Policy 2.1: Promote development and construction of new housing units for ownership, especially by low and moderate income families. Policy 2.2: Promote and encourage availability of new housing units to first time homebuyers. Policy 6.3: Encourage multi -family projects that provide affordable housing. Policy 9.1: Review projects in as timely a manner as possible, while maintaining adequate public involvement and fulfilling the appropriate requirements of State and local laws. In addition, the applicant has agreed to a phasing plan that will ensure that the apartments will be constructed in the first two phases as identified below: ITEM NUMBER: 2 DATE: 5-6-08 Environmental Review The proposed request is consistent with the approved Specific Plan and certified Mitigated Negative Declaration 2003-0026 (CEQA Guidelines Section 15182, Public Resources Code 21083, California Government Codes 65453). The proposed multi- family site has been rough graded and utilities have been installed in anticipation of construction. The project does not propose additional physical impacts beyond those that were considered in the certified MND. FAkiVAWROIF: Tentative Tract 2937 The Specific Plan required Conditional Use Permit (CUP) approval for the multi- family portion of the project. The applicant processed CUP 2004-0123 in conjunction with Tract 2937 resulting in a Master Plan of Development for 35 townhome condominium units and 100 apartments. At the time of the CUP and Tract Map, building elevations, site amenities and landscaping were approved by the Planning Commission. Tract 2937 has subsequently been approved and recorded. This amendment is restricted to the apartment parcel that was created by Tract 2937 and does not include the 35 townhome units. ITEM NUMBER: 2 DATE: 5-6-08 The Specific Plan area has been incorporated into a Community Facilities District, a Landscaping and Lighting District, and is conditioned to construct 15 inclusionary affordable housing units. The inclusionary housing consists of 2 very low income units; 5 low income units; and 8 moderate income units. All of these requirements will remain and this Conditional Use Permit Amendment will be subject to all of the conditions and mitigation measures of the original approval, except as modified by the proposed request. As approved, the 100 apartments are within 10 buildings. This amendment request proposes to change the ownership opportunities of the originally approved 100 apartments to a mix of 50 air space condominiums and 50 apartments. Five of the buildings would contain 10 individual, ("for sale"), condominium units and five of the buildings would be constructed as one condominium with ten rental units, resulting in a total of 55 condominium units as shown below. 10 Condo units 10 Condo units 1 Condo — 10 rental units 1 Cor• • 1 4 , wa� V v1 Condo 1 1 Condo 1 �—js rental units rental units While this amendment does not propose any changes to the originally approved site amenities or building design, exhibits have been included in the staff report informational exhibits. Subdivision findings are listed below with a brief staff response and have been included in the resolution recommending approval of Tentative Tract 2937. ITEM NUMBER: 2 DATE: 5-6-08 The Tentative Map conforms to the requirements of this Plan. Staff Response: The Tentative Map is consistent with the approved design of the Master Plan of Development (Conditional Use Permit) area. 2. The Tentative Map is consistent with mitigation measures as certified by the City Council. Staff Response: The Tentative Map does not incorporate any physical changes or impacts to the property beyond what was considered by the certified negative declaration. Applicable Specific Plan/Conditional Use Permit mitigation measures will remain in effect. 3. The Tentative Map is consistent with this Plan as adopted and therefore, additional environmental review under CEQA is not required (CEQA Guidelines Section 15182, Public Resources Code 21083, California Government Codes 65453). Staff Response: The Tentative Map does not incorporate any physical changes or impacts to the property beyond what was considered by the certified negative declaration. All relevant and required mitigation measures will remain in full force and effect. 4. The proposed project incorporates an Inclusionary Affordable Housing Plan consistent with the current City of Atascadero Inclusionary Housing policy. Staff Response: All inclusionary affordable housing requirements of the original Conditional Use Permit and the inclusionary policy remain in effect, as analyzed in this staff report. 5. The proposed project incorporates a condition of the Tentative Map approval that, prior to Final Map recordation, the applicant shall enter into a legal agreement with the City to reserve half of the for -sale dwelling units in the MFR districts for sale to residents or workers within the City of Atascadero. Staff Response: This requirement remains in effect. 6. The proposed project incorporates a condition of the Tentative Map approval that, prior to Final Map recordation, the applicant shall provide a detailed cost analysis and breakdown of all maintenance required and the amount to be billed to each property annually. The analysis includes scheduled maintenance including slurry seals, overlays, etc. The analysis includes administrative fees. Staff Response: The applicant has submitted this information and it was used to establish the Community Facilities District and the Landscape and Lighting District. This project will remain within these Districts. ITEM NUMBER: 2 DATE: 5-6-08 Planning Commission Authority The Specific Plan delegates authority for approving amendments as follows: Amendment Procedure Type of Amendment Approval Authority Update Architectural Styles, Floor Plan or Staff Details Minor Text clarifications Minor Staff New Product Type or Architectural Style Planning Commission inconsistent with Appendix Minor Change in Text that affect standards or Planning Commission policies Ma'or Revised lotting layout or change in unit mix City Council Major The Planning Commission has the authority to approve text changes that affect standards and policies. This proposal will affect the policies regarding homeownership versus rental units. The proposal does not request changes to the lotting layout or the type of unit building mix originally approved. CONCLUSION: The proposed amendments are consistent with the adopted Specific Plan and Conditional Use Permit. The overall Specific Plan continues to provide a variety of housing products. Conditions and mitigation measures from the original approvals of the Woodlands Specific Plan and the CUP 2004-0123 remain in effect as analyzed in this staff report. ALTERNATIVES: 1. The Planning Commission may add conditions to the proposed request. 2. The Planning Commission may continue the hearing and refer the project back to staff for further analysis. Direction should be given to staff and the applicant on required additional information. 3. The Planning Commission may deny the request. Denial could impact the applicant's ability to develop Phase 2 of the Woodlands Specific Plan (The upper (southerly) 66 lots of the SFR -2 single-family phase). ATTACHMENTS: Attachment 1: Location Map, General Plan, and Zoning Attachment 2: Applicant's Justification Statement ITEM NUMBER: 2 DATE: 5-6-08 Attachment 3: Approved Elevations Attachment 4: Draft PC Resolution 2008-0014 — CUP Amendment Attachment 5: Draft PC Resolution 2008-0015 — Tentative Map Attachment 6: Previously Certified Mitigated Negative Declaration ITEM NUMBER: DATE: 5-6-08 Attachment 1: Location Map, General Plan, and Zoning - Information Only l ter^ \ Amendment Area SC - (Multi -Family Residential Zone) OS a j < (FH C MFR (F) o ♦ SFR -3 0S SFR -1 F j ' L• zm o OS / RS RS c� S SFR -2 �o H e CPK -PD P (FH) \ a CN ? c$ CN Legend City Limit Line City of Atascadero Zoning Categories Woodlands Specific Plan Zoning Districts Zoning Boundary P - Public SFR -1 - Single Family Residential OS - Open Space (Small lot) Woodlands Specific CN - Commercial Neighborhood SFR -2 - Single Family Residential Plan Boundary CP -K - Commercial Park (Standard Lot) SFR -3 - Single Family Residential RS - Residential Suburban (Estate Lot) FH - Flood Hazard Overlay MFR - Multi -Family Residential PD7 - Planned Development Overlay OS - Open Space RMF - Residential Multi -Family SC -1 - Service Commercial Attachment 2 Applicant's Justification Statement Casitas de Las Lomas, Tract 2937 Request for 50 Condominiums and 50 Apartments Background ITEM NUMBER: 2 DATE: 5-6-08 4/18/08 Casitas de Las Lomas is a part of Tract 2608. Tract 2608 is a multi -family residential area, associated with the single family residential Tract 2525 on Halcon Road. Both tracts were originally approved through the Woodlands Specific Plan and Tentative Tract Map 2525. The multi -family area was further refined and approved through a Conditional Use Permit and Tentative Tract Map 2608. The entire Tract 2608 has a total of 135 multi -family units. One part is the 35 unit La Aldea Townhomes. This townhomes area, to be controlled by the La Aldea Townhome HOA, consists of seven separate five-plex buildings. This area is self-contained and has no real association with the other 100 units at Casitas de Las Lomas, other than being neighbors. The second part of Tract 2608, to be redesignated as Tract 2937, is Casitas de Los Lomas, the 100 units in question. It consists of ten separate ten-plex buildings, including a pool/tot-lot/laundry amenity area. The entire Tract 2608 has been meticulously designed, plan -checked and approved in all aspects, including: site layout, path of travel, handicap access, parking, landscape, architecture and approved construction documents ready for building permits. This request for adding a condominium element does not include any changes whatsoever to these desirable, workable and fully approved site improvements or building plans. The site has been graded, and some of the infrastructure improvements have been installed. The site is ready for the construction of the buildings to begin. This construction can start right away depending on the outcome of this request. Request The Applicant is asking to create 50 individual airspace condominiums in five of the 10-plex buildings. The other five buildings will contain 50 rental apartments. We had originally requested a map for all 100 units to be individual condominiums, but Staff recommended that leaving 50 units as rental apartments would be a better compromise. Reason for Request ITEM NUMBER: 2 DATE: 5-6-08 As is stated in the Woodlands Specific Plan, page IV -1: "Over time, various sections of this Plan may need to be revised to respond to changing technical, economic, or political conditions." The applicant is making this request because of relatively drastic economic changes and real estate market shifts that have occurred since the original concept was developed. It is no longer economically feasible to build all 100 of these units as strictly apartments. Simply put, the site and buildings cost too much to build compared to anticipated rental rates. Some points to support this realization include: 1) Higher Construction Costs in General We have just recently experienced the abrupt end of a very vigorous housing market. The intense building activity associated with the vigorous market also caused a drastic increase in construction costs. The market has cooled, but construction costs remain high, including labor, materials, insurance and soft costs. Also, Development Impact Fees and especially Water Connection Fees have increased dramatically since design conception. 2) Relatively Expensive Site to Improve This is a rather complicated site, which adds to the construction costs. The constraints are real and unavoidable: Oak trees, accessibility, aesthetics, terrain, parking, etc., so there is no avoiding the cost of dealing with them. The site improvement plans have been carefully designed and approved. There is not much, if anything, that can be done to re -design in order to lower improvement costs. Since everyone is happy with the approved plans, neither the City nor the Applicant wants to change them anyway. 3) Relatively Expensive Buildings to Construct The situation is similar with the buildings' architecture and construction costs. At the time of Specific Plan processing and first submittals, the City wanted upscale, architecturally superior apartment buildings. At that time, sales were booming and the rental market was growing, so these higher end units also made sense to the applicant. The site is conditioned to have architecturally superior buildings, and the plans for these are compliant with that goal and also fully approved. It is not sensible or desirable at this point to redesign to try to reduce building construction costs. 4) A Recent and Drastic Slowdown of the Real Estate Market All of Tract 2608 and Tract 2525 were considered as a whole when the early possibilities were conceived. A mixture of diverse housing types was a primary design objective, and a sizeable rental element was desirable. The robust sales market at the time made identifying all ten of the 10-plex buildings as apartments economically feasible. The market has changed, and this has directly affected the factors that are used in the apartment analysis. In addition, re-evaluation of the rental income from the apartments has revealed that anticipated rent rates in the Atascadero market are just not sufficient to make all these apartments feasible in the new real estate environment of today. As apartments alone, the buildings will simply not produce sufficient cash flow to be worth building, holding or selling. Amplifying all the above problems, lenders have responded to this market change by becoming even more cautious and demanding. They have "tightened up" loan parameters, and are scrutinizing each project's numbers in more detail. ITEM NUMBER: 2 DATE: 5-6-08 Solution Both the applicant and the City are very desirous that this multi -family site be developed right away, rather than wait for some economic change that might make 100 apartments feasible. We are powerless to reduce the current cost of construction, make the site easier to improve, make the buildings less expensive to build, increase sales prices or increase rents. However, we have found a solution: adding a condominium map to some of the units. According to our current analysis, adding the option of at least 50 condominium units, which can be sold to individual buyers, will have a sufficiently positive impact on the financial analyses. In this way, funding can be obtained and construction can begin right away. Luckily, this site and these buildings were originally designed to function as condominiums. Using them as condominiums was always anticipated and planned for. This makes the implementation of this change relatively easy, as detailed below. Implementation 1) We will create a single Common Area Lot for Condominium purposes: Lot 1, Tract 2937. 2) Buildings 3, 4, 5, 6, and 7 will be mapped to contain 10 individual condominium units each. 3) Buildings 1, 2, 8, 9 and 10 will remain as undivided 10-plex buildings, to be used as apartment rentals. The ten individual apartments inside each of these five buildings cannot be sold separately, and must be utilized only as rental housing. 4) There is a natural and intuitive distinction between these two groups of buildings, so it is a logical place to divide the housing types. 5) Affordable Housing: In order to maintain the existing inclusionary affordable housing requirements from the Specific Plan, and coordinate them with this new arrangement, we will record new deed restrictions to locate the affordable units as follows: UNIT COUNT LEVEL LOCATION 5 Moderate Condominiums 3 Moderate Apartments 5 Low Apartments 2 Very Low Apartments 5 In Lieu Fees Paid The number of inclusionary units remains the same and still complies with all current City standards. By adding the condominiums, five of the moderate -income units become "for - sale" units, and this provides additional and extremely desirable home ownership opportunities in the City. ITEM NUMBER: 2 DATE: 5-6-08 6) We will create a new "Casitas de Las Lomas Homeowner's Association", with Articles, Bylaws, and CC & R's, to own and maintain the Common Area Lot, and govern all the members/owners of every individual and 10-plex condominium unit. 7) In addition to the Common Area, Casitas de Las Lomas HOA will also maintain the exteriors of all 10 buildings. 8) All occupants of all 100 units will equally share the use of the common area and amenities. 9) The owner (landlord) of each of the five 10-plex apartment buildings will be a member of the HOA, and will pay dues for his/her share of the common area and building maintenance, use of amenities, and other HOA dues. These fees will negate all other exterior maintenance costs the landlord would otherwise incur and is therefore a viable management option. 10) Path of Travel, accessibility and parking requirements have been met in previous submittals, and there will be no changes needed to the approved Site Plans or Improvement Plans. 11) The buildings and units were already designed to function as condominiums, so no changes will be needed to the approved Building Construction Plans. 12) Phasing: The applicant has worked with staff and agrees to a conditioned Phasing schedule that provides for construction of the amenity area and all 50 apartment units in the first two phases of construction. The third phase will complete the last 30 individual condominiums. See the attached Phasing Map. Results 1) Tract 2608 and Tract 2937 will now have 3 distinct multi -family housing types: Aldea Townhomes - 35 units Casitas Condominiums - 50 units Casitas Apartments - 50 units 2) In making this change and adding the Casitas de Las Lomas Condominiums, the area gains an increased diversity of housing types. Not only does it now provide more excellent ownership opportunities for first time buyers, it still contains some of the most affordable housing type: apartment rental units. It is anticipated that many of the individual condominiums will also be used as rental units, thus adding yet another desirable and affordable housing type. 3) This project fully complies with the Condominium Ordinance for new condominium developments. 4) This project fully complies with many of the goals and policies of the General Plan. The addition of condominiums removes a constraint to construction and allows the addition of 50 apartments and 50 condominiums to the City's supply of affordable housing opportunities. ITEM NUMBER: DATE: 5-6-08 Attachment 3: Approved Rendered Architectural Elevations (Specific Plan Appendix C) Information Only 7 � �fG• llh�tel� ? : �lllilll �!3 uti �,Pi�ll�tkst� "' ! �� wiii,�� Front ilevation Tahfomia Ranch" California Ranch Style ITEM NUMBER: DATE: 5-6-08 �-�►,-_ VFW i Lea side Hkv¢9on "Monhxcy" ku �whill Monterey Style ITEM NUMBER: 2 DATE: 5-6-08 Attachment 4: Draft PC Resolution 2008-0014 - CUP Amendment RESOLUTION PC 2008-0014 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO CUP 2004-0123 MASTER PLAN OF DEVELOPMENT ALLOWING THE ESTABLISHMENT OF 50 AIR SPACE CONDOMINIUMS APN 045-311-0149 0159 016 Ciruela Way, Los Olivos Circle, Ciruela Ct., Dechado Ct. (Woodlands Atascadero, LLC.) WHEREAS, an application has been received from Woodlands Atascadero, LLC., P.O. Box 4013, San Luis Obispo, CA 93403, (applicant and property owner), to consider a project consisting of an amendment to the Master Plan of Development, approved through CUP 2004-0123. The amendment allows the establishment of 50 air space condominiums; and, and, WHEREAS, the site's General Plan Designation is HDR (High -Density Residential); WHEREAS, the site's current zoning district is SP -1 (Specific Plan No. 1); and, WHEREAS, the site's specific plan designation is for 100 multi -family residential units; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on February 19, 2008, studied and considered the Master Plan of Development (CUP 2004-0123) and continued the project to a date uncertain for additional information regarding rental housing balances, General Plan consistency and potential to threaten rental housing and the potential for an additional five inclusionary units; and, ITEM NUMBER: 2 DATE: 5-6-08 WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on May 6, 2008, studied and considered Tentative Tract Map 2007-0100 (Tract 2937). NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of Amendment to the Master Plan of Development. The Planning Commission finds as follows: 1. The proposed project is consistent with the General Plan; and, 2. The proposed project satisfies all applicable provisions of the Zoning Ordinance and Specific Plan No. 1; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. The proposed project will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and, 5. The proposed project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from the full development in accordance with the Land Use Element; and 6. The proposed use or project is of exceptional design quality beyond the normal design associated with multi -family development that would result from full development in accordance with the Land Use Element and zoning ordinance. SECTION 2. Approval of Conditional Use Permit. The Planning Commission does hereby resolve to approve Amendment to Conditional Use Permit 2004-0123 to modify ownership opportunities from 100 apartments to 50 apartments and 50 air space condominium multi -family units at Ciruela Wy, Los Olivos Circle, Ciruela Ct., Dechado Ct., (APN 045-311-014, 15, 16), consistent with the following Exhibits: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT C: Phasing Plan ITEM NUMBER: 2 DATE: 5-6-08 On motion by Commissioner , and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA Roberta Fonzi Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval CUP 2004-0123 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure FM. Final Map PS: Planning Services BL: Business BS: Building Services Ciruela Wy, Los Olivos Cir., Ciruela Ct., Dechado Ct. License FD: Fire Department Woodland Multi -Family Residential GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer Amendment to CUP 2004-0123 FI: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy Planning Services 1. This Conditional Use Permit shall be for a modification of the residential BP / FM PS unit mix as approved in CUP 2004-0123 from 100 individual rental apartments to 50 rental apartments and 50 ("for -sale") condominium units. 2. All conditions of the original CUP 2004-0123 remain in effect, except as modified herein. 3. The approval of this Use permit shall become final and effective for the BP / FM PS purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 4. The Community Development Department shall have the authority to BP/FM PS approve the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council. 5. Approval of this Conditional Use Permit shall be valid for twenty four (24) BP/FM PS months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 6. All exterior elevations, finish materials, and colors shall be consistent with BP PS the Master Plan of Development as shown in Exhibit F and G of PC Resolution 2004-0052. 7. All site development shall be consistent with PC Resolution 2004-0052. BP/FM PS 8. All site work, grading and site improvements shall be consistent with the BP/FM PS Master Plan of Development as shown in PC Resolution 2004-0052. 9. All landscape and irrigation shall be in substantial compliance with the BP PS approved Landscaping Plan, filed with the approved Public Improvement Plans as approved with Tract 2937. 10. All project fencing installed shall be consistent with Exhibit D and E of PC BP PS Resolution 2004-0052. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure FM: Final Map PS: Planning Services BL: Business BS: Building Services Ciruela Wy, Los Olivos Cir., Ciruela Ct., Dechado Ct. License FD: Fire Department Woodland Multi -Family Residential GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer Amendment to CUP 2004-0123 FI: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy 11. Retaining walls shall incorporate design & materials to utilize dark color GP PS split face block, subject to staff approval and in accordance with PC BP Resolution 2004-0052. 12. All parking shall be consistent with PC Resolution 2004-0052. FM, BP PS, CE The tot lot play amenity shall include a commercial -grade swing set, slide, climbing apparatus or similar equipment on a soft surface designed for the safety and enjoyment of young children. The tot lot shall include pedestrian connection from nearby sidewalks and/or housing areas and shall include durable seating arrangements for adults and children. Tot lot shall be landscaped and include shade trees. The tot lot shall be open and accessible and not be fenced. 13. All exterior material finishes (stucco, materials, lighting) shall be durable, BP PS high quality, and consistent with the elevations shown in Exhibit F and G and the conditions of PC Resolution 2004-0052. 14. All trash enclosures shall be consistent with PC Resolution 2004-0052. BP PS 15. All monument or wall entry signage shall be consistent with PC BP PS Resolution 2004-0052. 16. Affordable Deed -Restricted Housing shall be consistent with PC BP / FM PS Resolution 2004-0052. 17. Workforce Housing shall be consistent with PC Resolution 2004-0052. BP / FM PS 18. All construction activities shall comply with the City of Atascadero Noise BP BS Ordinance for hours of operation, and as follows: Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure FM: Final Map PS: Planning Services BL: Business BS: Building Services Ciruela Wy, Los Olivos Cir., Ciruela Ct., Dechado Ct. License FD: Fire Department Woodland Multi -Family Residential GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer Amendment to CUP 2004-0123 FI: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy 19. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. 20. All applicable mitigation measures from previously certified Woodlands BP PS, BS Specific Plan Mitigated Negative Declaration 2003-0026 shall be incorporated into the proposed multi -family development. Building Services 21. A soils investigation prepared by a licensed Geotechnical Engineer is BP FM to be provided for the project. The report is to be provided at the time of building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. City Engineer Site Specific Conditions All Engineering and Public Works conditions and requirements shall be as GP, BP CE required by PC Resolution 2004-0052. Woodlands Specific Plan Mitigation Measures All mitigation measures of the original CUP 2004-0123 remain in effect, except as modified herein. AESTHETICS: BP PS, BS, CE 1.c.1 Mitigation Measure 1.c.1: Landscaping shall be consistent with the approved landscape plan submitted for Tract 2937 which incorporates the mitigation measures of PC Resolution 2004-0052. ■ landscape mitigations shall apply Mitigation Measure 1.c.2: The proposed development shall include the use BP PS, BS, CE 1.c.2 of earth -tone paint and roof colors designed to blend with the surrounding neighborhood and reduce the potential for reflected light and glare. Mitigation Measure 1.c.3: If the proposed project entry feature is BP PS, BS, CE 1.c.3 constructed, it shall include an externally illuminated natural stone -faced masonry wall with individual metal lettering and native planting at the base of the wall. Street lighting shall be low level, earth toned, and located in accordance with the site amenities plan. Mitigation Measure 1.c.5: Common area landscaping and gate/entry BP PS, BS, CE 1.c.5 landscaping features in the SFR -3 zoning district shall include natural stone - faced masonry material and individual metal lettering if signage is required, and native entry planting. Entry trees shall be selected to provide shade over paved areas and pedestrian pathways, reduce urban heat buildup, improve air quality, and provide visual unity to the streetscape. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure FM: Final Map PS: Planning Services BL: Business BS: Building Services Ciruela Wy, Los Olivos Cir., Ciruela Ct., Dechado Ct. License FD: Fire Department Woodland Multi -Family Residential GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer Amendment to CUP 2004-0123 FI: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy Mitigation Measure 1.c.7: The Specific Plan includes a range of BP PS, BS 1.c.7 architectural styles consistent with the existing semi -rural character of Atascadero. The architectural styles of the plan shall include Craftsman, Traditional, Monterey Ranch, California and Bungalow as conceptually illustrated within the Plan. Mitigation Measure 1.d.1: Exterior street lighting shall be limited to BP PS, BS, CE 1.d.1 intersection and parking lot locations and be designed to eliminate any off- site glare. All street and parking lot exterior site lights shall utilize full cut- off, "hooded" lighting fixtures to prevent off-site light spillage and glare. All other pedestrian luminaire pole heights shall not exceed 12 feet in height, and all street and parking lot lighting shall not exceed 16 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and shall otherwise be within a range of 0.6 foot candle minimum to 1.0 maximum. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. All light pole and fixture styles shall be consistent with the Specific Plan conceptual site amenities plan. In addition, individual exterior home -owner lighting shall be restricted through CC&R's and individual lot deed -restriction to prohibit high-intensity lighting in excess of one -foot candle, and shall be limited in fixture height to 10 feet, and shall utilize full cut-off, "hooded" lighting fixtures to prevent off- site light spillage and glare. AIR QUALITY: BP, GP PS, BS, CE 3.b Mitigation Measure 3.b: Each development phase shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction E ui ment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. ■ Schedule construction truck trips during non -peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure FM: Final Map PS: Planning Services BL: Business BS: Building Services Ciruela Wy, Los Olivos Cir., Ciruela Ct., Dechado Ct. License FD: Fire Department Woodland Multi -Family Residential GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer Amendment to CUP 2004-0123 FI: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy Section 6.5: Fugitive PM10 BP,GP PS, BS, CE 3.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. BIOLOGICAL RESOURCES: BP, GP PS, BS 4.a.1 All biological resource mitigation measures shall be consistent with PC Resolution 2004-0052. Mitigation Measure: 4.a.1: CULTURAL RESOURCES: GP BS 5.b.1 Mitigation Measure 5.b.1: Should any cultural resources be unearthed during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure FM: Final Map PS: Planning Services BL: Business BS: Building Services Ciruela Wy, Los Olivos Cir., Ciruela Ct., Dechado Ct. License FD: Fire Department Woodland Multi-Family Residential GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer Amendment to CUP 2004-0123 FI: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy GEOLOGY AND SOILS: GP PS, BS, CE 6.b.1 Mitigation Measure 6.b.1: The project shall incorporate the recommendations contained within the Geo Solutions soils report dated 11/3/02. GP PS, BS, CE 6.b.2 Mitigation Measure 6.b.2: The Building Permit Application plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.b.3: All cut and fill slopes shall be treated with an GP PS, BS, CE 6.b.3 appropriate erosion control method (erosion control blanket, hydro-mulch, or straw mulch appropriately anchored) immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6.c.d: A site-specific soils report shall be required to be BP, GP PS, BS, CE 6.c.d submitted with future building permits for each development phase by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for occupants and buildings. HAZARDS AND HAZARDOUS MATERIALS: TO, FI PS, BS, FD 7.h Mitigation Measure 7.h: Due to the site location within an oak woodland area, the project shall include an ongoing maintenance program that will clear combustible debris and vegetation from structures within any public or private open space areas per the City of Atascadero Fire Department standards. The project applicant, shall provide the initial maintenance, and the ongoing maintenance responsibility shall be incorporated into the establishment of a long-term maintenance agreement by the homeowners association, CC&R's, public facilities maintenance assessment district, or other city-approved mechanism. HYDROLOGY AND WATER QUALITY: GP PS, BS, CE 8e.f.1 Mitigation Measure 8e.f.1: A Storm Water Pollution Prevention Plan (SWPPP)/Erosion Control Plan shall be submitted by the applicant and approved by the RWQCB and the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure FM: Final Map PS: Planning Services BL: Business BS: Building Services Ciruela Wy, Los Olivos Cir., Ciruela Ct., Dechado Ct. License FD: Fire Department Woodland Multi-Family Residential GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer Amendment to CUP 2004-0123 FI: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy Mitigation Measure 8.e.f.2: The developer is responsible for ensuring that GP PS, BS, CE 8.e.f.2 all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 8.e: The proposed storm drain system, including the GP, BP BS, CE 8.e on-site drainage basins, shall be designed per the City of Atascadero Engineering standards, subject to review and approval of the City Engineer. NOISE: GP, BP PS, BS, CE 11.a.b.1 Mitigation Measure 11.a.b.1: The dwelling units shall be oriented so that the building construction may act as a noise barrier on the east side of the proposed Woodlands development, specifically for lots 124-143, in order to intercept transportation noise from Union Pacific Railroad, as feasible. Mitigation Measure 11.a.b.2: Soffit vents, eave vents, dormer vents and BP PS, BS, CE 11.a.b.2 other wall and roof penetrations shall be located on the walls and roofs facing away from the noise source wherever possible. Mitigation Measure 11.a.b.3: The walls of critical living spaces, such as BP PS, BS, CE 11.a.b.3 living rooms, lounges, bedrooms, dens, and habitable spaces on second floors of dwelling units nearest the noise source shall have wall construction with an S.T.C. (Sound Transmission Class) rating of 30 or greater. Common acoustic leaks, such as electrical outlets, pipes, vents, ducts, flues and other breaks in the integrity of the wall, ceiling or roof construction on the side of the dwellings nearest transportation noise sources shall receive special attention during construction. All construction openings and joints on the walls on the noise facing side of the site shall be insulated, sealed and caulked with a resilient, non-hardening caulking material. All such openings and joints shall be airtight to maintain sound isolation. Mitigation Measure 11.a.b.4: To meet the interior LDN 45 DBA BP PS, BS, CE 11.a.b.4 requirements, windows for critical habitable spaces and for habitable spaces in a second floor of affected units facing the noise source shall be a double- glazed construction with one light of laminated glass, and installed in accordance with the recommendations of the manufacturer. The windows shall be fully gasketed, with an S.T.C. rating of 30 or better, as determined in testing by an accredited acoustical laboratory. Mitigation Measure 11.a.b.5: All construction activities shall comply with the BP, GP PS, BS, CE 11.a.b.5 City of Atascadero Noise Ordinance for hours of operation. Failure to comply with the noise ordinance may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director, and in addition to penalties identified in the Ordinance. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure FM: Final Map PS: Planning Services BL: Business BS: Building Services Ciruela Wy, Los Olivos Cir., Ciruela Ct., Dechado Ct. License FD: Fire Department Woodland Multi -Family Residential GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer Amendment to CUP 2004-0123 FI: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy PUBLIC SERVICES: Mitigation Measure 13: The project will remain within the CFD and Landscaping and Lighting District. RECREATION: BP PS, BS 14 Mitigation Measure 14: The project shall include an additional tot lot within the proposed multi -family zoning designation. Both the staging area and multi -family tot lots shall, at a minimum, include different variations of commercial -grade swing set, slide, climbing apparatus or similar equipment on a soft surface surrounded by decorative theme fencing designed for the safety and enjoyment of young children. The tot lots shall include pedestrian connection from nearby sidewalks and/or housing areas and shall include durable seating arrangements for adults and children. Tot lots shall be landscaped and include shade trees be planted within and around each tot lot. Mitigation Measure 15.3: The project shall provide a Class II bicycle lane to BP, CE PS, CE 15.3 connect the development to the existing bicycle routes at EI Camino Real/Viejo Camino. UTILITIES AND SERVICE SYSTEMS: BP, GP PS, BS, CE, 16.1 CA Mitigation Measure 16.1: Development with the project site area shall require connection to the City's future sewer system mainline extension included in the City's Sewer Master Plan. The applicant shall design and install the on-site mainline. For reimbursement and maintenance, refer to the project Specific Plan implementation section. The extension will run from the sewer treatment plant south to Halcon Road. The mainline shall be designed and built with capacity to accommodate development with the proposed project as well as new development in the area and existing uses as identified by the City of Atascadero. The proposed line serving development along the easterly project site will require a private on-site wastewater (duplex pumps) pumping station. Provisions for the repair and maintenance of the pump station shall be included in the project CC&R's, subject to the City Engineer and City Attorney approval. Design criteria for the sewer collection system shall conform to the City of Atascadero Standards. Mitigation Measure 16.2: Per the implementation section of the project BP, GP PS, BS, CE 16.2 Specific Plan, the applicant shall be required to: ■ Pay for the backbone infrastructure and community facilities that are required to serve the project site. ■ The developer shall pay school fees prior to certificate of occupancy. ■ A project area Public Facilities Maintenance Assessment District shall be formed for the collection of assessment fees to finance the maintenance of all public facilities in the project area. Funds will be collected by the County Tax Collector and distributed to the City biannually. The City shall administer the funds and provide or contract for all maintenance activities. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure FM: Final Map PS: Planning Services BL: Business BS: Building Services Ciruela Wy, Los Olivos Cir., Ciruela Ct., Dechado Ct. License FD: Fire Department Woodland Multi -Family Residential GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer Amendment to CUP 2004-0123 FI: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy Mitigation Measure 16.3: Development within the proposed project shall BP, GP PS, BS, CE 16.3 conform to all existing City of Atascadero standards set forth in the City's General Plan, Zoning Ordinance, Municipal Code, and Public Works Standards unless otherwise specified in the Specific Plan. Each phase of project development shall pay all required fees established by the City, including permit, school, plan check and impact fees, to mitigate all off site facilities impacts anticipated under the General Plan. A fiscal impact report is being prepared by David Taussig & Associates to evaluate the proposed project impacts on City services and shall be available prior to Planning Commission and City Council formal public hearing and project consideration or approval. Recommendations shall be reviewed by the Planning Commission and finalized in precise terms by the City Council to assure all project -related impacts are identified and mitigated prior to project approval. Condo — 10 ental units 1 Condo — 10 0 Condo units rental units WE 1 Condo — 10 • , �,� -".,40414A rental units 10 Condo unit l�•� � �, ; ; ..r,�: � IIIc` �.�� - . ,, �� ... , o ------- BVI; ,3j/ . •� N ' .. on .. 1 Condo 1 1 Condo units rental units rental un Exhibit C: Phasing Plan Attachment 5: Draft PC Resolution 2008-0015 - Tentative Map DRAFT RESOLUTION PC 2008-0015 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING TENTATIVE TRACT MAP 2007-0100 TO ESTABLISHING 55 AIR SPACE CONDOMINIUM UNITS CONSISTENT WITH THE AMENDED MASTER PLAN OF DEVELOPMENT (CUP 2004-0123) ON APN 045-311-014,15, 16 Ciruela Wy, Los Olivos Cir, Ciruela Ct, Dechado Ct (Woodlands Atascadero, LLC) WHEREAS, an application has been received from Woodlands Atascadero, LLC., P.O. Box 4013, San Luis Obispo, CA 93403, (applicant and property owner), to consider a project consisting of a multi -family apartment and condominium development located at Ciruela Wy, Los Olivos Cir, Ciruela Ct., Dechado Ct., (APN 045-311-014,15,16); and, WHEREAS, the site's General Plan Designation is HDR (High -Density Residential); and, WHEREAS, the site's current zoning district is SP -1 (Specific Plan No. 1); and, WHEREAS, the site's Specific Plan designation is for 100 multi -family residential units; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Tract Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on February 19, 2008, studied and considered Tentative Tract Map 2007- 0100 (Tract 2937) and continued the project to a date uncertain for additional information regarding rental housing balances, General Plan consistency and potential to threaten rental housing and the potential for an additional five inclusionary units; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on May 6, 2008, studied and considered Tentative Tract Map 2007-0100 (Tract 2937). NOW, THEREFORE, the Planning Commission takes the following actions: Section 1. Findings of Approval for Tentative Tract May, the Planning Commission of the City of Atascadero finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The proposed subdivision, as conditioned, is consistent with the amended Master Plan of Development (CUP 2004-0123). 4. The site is physically suitable for the type of development proposed. 5. The site is physically suitable for the density of development proposed. 6. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 7. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 8. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. 9. The Tentative Map conforms to the requirements of the Specific Plan. 10. The Tentative Map is consistent with any relevant/required mitigation measures adopted by the Mitigated Negative Declaration, as certified by the City Council. 11. The Tentative Map is consistent with Specific Plan No. 1 as adopted and therefore, additional environmental review under CEQA is not required (CEQA Guidelines Section 15182, Public Resources Code 21083, California Government Codes 65453). 12. The proposed project incorporates an Inclusionary Affordable Housing Plan consistent with the current City of Atascadero Inclusionary Housing policy. 13. The proposed project incorporates a condition of the Tentative Map approval that, prior to Final Map recordation, the applicant shall enter into a legal agreement with the City to reserve half of the for -sale dwelling units in the MFR districts for sale to residents or workers within the City of Atascadero. 14. The proposed project incorporates a condition of the Tentative Map approval that, prior to Final Map recordation, the applicant shall provide a detailed cost analysis and breakdown of all maintenance required and the amount to be billed to each property annually. The analysis includes scheduled maintenance including slurry seals, overlays, etc. The analysis includes administrative fees. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on May 6, 2008, resolved to approve Tentative Tract Map (TTM 2007-0100) subject to the following: 1. Exhibit A: Tentative Tract Map 2007-0100 2. Exhibit B: Tentative Tract Map 2007-0100 Phasing Plan 3. Exhibit C: Conditions of Approval / Mitigation Monitoring Program On motion by Commissioner , and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA Roberta Fonzi Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Tentative Tract Map 2007-0100 Exhibit B: Tentative Tract Map 2007-0100 Phasing Plan Exhibit C: Conditions of Approval and Mitigation Monitoring Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Ciruela Wy, , � � Los Olivos Cir Ciruela Ct Dechado Ct BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2007-0100 Permit BP: Building FD: Fire Department PD: Police Permit Department FI: Final CE: City Engineer Inspection WW: wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy Planning Services 1. The approval of this application shall become final, subject to the FM PS completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Tract Map shall be valid for two years after FM PS its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the authority to FM PS approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The Tract Map shall be subject to additional fees for park or recreation FM PS purposes (QUIMBY Act) as required by City Ordinance. 5. The granting of this entitlement shall apply to the property located at On going PS APN 045-311-014,15,16 regardless of owner. 6. The Final Map shall be drawn in substantial conformance with the FM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 7. The subdivider shall defend, indemnify, and hold harmless the City of FM PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the subdivision. 8. The project shall adhere to the maximum density permitted by the FM PS General Plan and Woodlands Specific Plan. 9. The tot lot play amenity shall include a commercial -grade swing set, FM PS slide, climbing apparatus or similar equipment on a soft surface designed for the safety and enjoyment of young children. The tot lot shall include pedestrian connection from nearby sidewalks and/or housing areas and shall include durable seating arrangements for Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Ciruela Wy, Los Olivos Cir Ciruela Ct Dechado Ct ' ' ' BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2007-0100 Permit BP: Building FD: Fire Department PD: Police Permit Department FI: Final CE: City Engineer Inspection WW: wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy adults and children. Tot lot shall be landscaped and include shade trees. The tot lot shall be open and accessible and not be fenced. 10. Affordable Deed -Restricted Housing: Affordable residential units shall FM PS be reserved as deed restricted affordable units for a 30 -year period per the Woodlands Specific Plan / Conditional Use Permit affordable housing plan. The project shall provide the following: a. Two (2) Very Low Income Apartments; b. Five (5) Low Income Apartments; c. Eight (8) Moderate Income Apartments; d. In -lieu fees using 5% of the building valuation for five (5) apartment units. All units shall be evenly distributed throughout the multi -family residential complex, subject to staff approval. Building Services 11. A soils investigation prepared by a licensed Geotechnical Engineer FM PS, BS, CE is to be provided for the project. The report is to be provided at the time of building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. Fire Marshal BP FM 12. A 13 R Sprinkler system will be required. BP FM 13. Fire lane signage shall be submitted to the fire department for review BP FM and approval with on and off-site improvement plans. 14. Note approved address signage is to be provided. BP BS City Engineer Standard Conditions 15. In the event that the applicant bonds for the public improvements GP, BP CE required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 16. An engineer's estimate of probable cost shall be submitted for GP, BP CE review and approval by the City Engineer to determine the amount of the bond. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Ciruela Wy, Los Olivos Cir Ciruela Ct Dechado Ct ' ' ' BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2007-0100 Permit BP: Building FD: Fire Department PD: Police Permit Department FI: Final CE: City Engineer Inspection WW: wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy 17. The Subdivision Improvement Agreement shall record concurrently GP, BP CE with the Final Map. 18. A six (6) foot Public Utility Easement (PUE) shall be provided GP, BP CE contiguous to the property frontage. 19. The applicant shall acquire title interest in any off-site land that may GP, BP CE be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. If, after all reasonable attempts and diligent efforts, the Applicant is still unable to gain a landowner's consent to any required acquisitions, offers of dedication, easements, rights of way and/or rights of entry, the City shall lend the Power of Eminent Domain, or take other action, as a final solution. 20. Slope easements shall be obtained by the applicant as needed to GP, BP CE accommodate cut or fill slopes. 21. Drainage easements shall be obtained by the applicant as needed GP, BP CE to accommodate both public and private drainage facilities. 22. A preliminary subdivision guarantee shall be submitted for review in GP, BP CE conjunction with the processing of the Tract Map. 23. The Final Map shall be signed by the City Engineer prior to the GP, BP CE map being placed on the agenda for City Council acceptance. 24. Prior to recording the Tract Map, the applicant shall pay all GP, BP CE outstanding plan check/inspection fees. 25. Prior to recording the Map, the applicant shall bond for or complete GP, BP CE all improvements required by these conditions of approval. 26. Prior to recording the Tract Map, the applicant shall bond for or set GP, BP CE monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 27. Prior to recording the Tract Map, the applicant shall submit a map GP, BP CE drawn in substantial conformance with the approved Tentative Map and in compliance with all conditions set forth herein. The Map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Ciruela Wy, Los Olivos Cir Ciruela Ct Dechado Ct ' ' ' BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2007-0100 Permit BP: Building FD: Fire Department PD: Police Permit Department FI: Final CE: City Engineer Inspection WW: wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy 28. All existing and proposed utility, pipeline, open space, or other GP, BP CE easements are to be shown on the final/parcel map. If there are building or other restrictions related to the easements, they shall be noted on the final/parcel map. The applicant shall show all access restrictions on the final/parcel map. 29. Prior to recording the Tract Map, the applicant shall have the map GP, BP CE reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 30. Prior to the issuance of building permits the applicant shall submit GP, BP CE plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. City Engineer Site Specific Conditions Drainage: GP, BP CE 31. Provide for the detention and metering out of developed storm runoff so that it is equal to or less than undeveloped storm runoff. 32. Drainage basins shall be designed to desilt, detain and meter storm GP, BP CE flows as well as release them to natural runoff locations. 33. The drainage basins shall be landscaped with native plantings. GP, BP CE 34. A mechanism for funding and maintenance of the storm drain GP, BP CE facilities shall be provided. 35. Show the method of dispersal at all pipe outlets. Include GP, BP CE specifications for size & type. 36. Show method of conduct to approved off-site drainage facilities. GP, BP CE 37. Concentrated drainage from off-site areas shall be conveyed GP, BP CE across the project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement cannot be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. 38. Applicant shall submit erosion control plans and a Storm Water GP, BP CE Pollution Prevention Plan (SWPPP). The Regional Water Quality Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Ciruela Wy, Los Olivos Cir Ciruela Ct Dechado Ct ' ' ' BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2007-0100 Permit BP: Building FD: Fire Department PD: Police Permit Department FI: Final CE: City Engineer Inspection WW: wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy Control Board shall approve the SWPPP. General: 39. Prior to Final Map recordation, the applicant shall provide a GP, BP CE homeowners association or other approved mechanism for repair and maintenance of private streets, landscaping, drainage facilities, and other onsite facilities as necessary. 40. Prior to Final Map recordation, CC&R's shall be reviewed and GP, BP CE approved by the City Engineer and City Attorney. Traffic Mitigation: 43. ALL PUBLIC IMPROVEMENTS SHALL BE CONSISTENT WITH GP, BP CE THE CONDITIONS OF APPROVAL AND MITIGATION MEASURES FOR TTM 2004-0047. 44. All public improvements shall be constructed in conformance with GP, BP CE the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer 45. Pedestrian facilities shall be constructed to connect the project to GP, BP CE Paloma Park. This shall include a safe pedestrian crossing, a paved path and pedestrian bridge across Paloma Creek. 46. A Class II bike path shall be installed to connect the project to EI GP, BP CE Camino Real. The bike path may consist of a Class I bike path through Paloma Park. 47. A mechanism to provide for the funding of maintenance for lighting, GP, BP CE street improvements, special paving surfaces, sewer, storm drain, common area landscape, open space, and hardscape shall be provided. Wastewater 48. ALL PUBLIC IMPROVEMENTS SHALL BE CONSISTENT WITH GP, BP CE THE CONDITIONS OF APPROVAL AND MITIGATION MEASURES FOR TTM 2004-0047. Woodlands Specific Plan Mitigation Measures AESTHETICS: BP PS, BS, CE 1.c.1 Mitigation Measure 1.c.1: The following landscape mitigations shall apply: ■ Landscaping shall be provided to reduce visual impacts and enhance Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Ciruela Wy, Los Olivos Cir Ciruela Ct Dechado Ct ' ' ' BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2007-0100 Permit BP: Building FD: Fire Department PD: Police Permit Department FI: Final CE: City Engineer Inspection WW: wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy neighborhood design. Where feasible, existing native vegetation shall be left undisturbed. Impacts to the natural landscape, including open space, oak woodlands, and naturalized grasslands, shall be minimized and revegetated with native species. ■ The project shall include landscaping of all common areas, including slopes, streetscapes, residential front yards, and street trees. ■ The project shall include entryway feature landscaping, median and parkway landscaping, multi -family common area landscaping, and trail staging area. • The proposed development shall provide a range of architectural styles consistent with the existing semi -rural character of Atascadero. ■ Approximately 54 acres of open space, which includes oak woodland, preserve, natural grassy areas, trail system, and native revegetated slopes and detention basins shall be preserved and maintained by the applicant with establishment of long-term maintenance agreement by the Home Owners Association, public facilities maintenance assessment district, or other city -approved mechanism. ■ Street trees shall be 15 -gallon size, double -staked and installed prior to occupancy of each unit. Street trees shall be selected to provide shade over paved areas and pedestrian pathways, reduce urban heat buildup, improve air quality, and provide visual unity to the streetscape. Mitigation Measure 1.c.2: The proposed development shall include the use BP PS, BS, CE 1.c.2 of earth -tone paint and roof colors designed to blend with the surrounding neighborhood and reduce the potential for reflected light and glare. Mitigation Measure 1.c.3: If the proposed project entry feature is BP PS, BS, CE 1.c.3 constructed, it shall include an externally illuminated natural stone -faced masonry wall with individual metal lettering and native planting at the base of the wall. Street lighting shall be low level, earth toned, and located in accordance with the site amenities plan. Mitigation Measure 1.c.4: Within the SFR -1 and SFR -2 Zoning District, BP PS, BS, CE 1.c.4 landscaping shall be included for private front yards as well as private rear yards with slopes exceeding ten (10) feet in height. Front yard landscaping shall be installed prior to occupancy of the units. In order to minimize the visual impact of fencing up and across tall uphill sloping rear yards, semi- transparent hillside fencing shall be installed consistent with the Specific Plan Hillside Fencing Standards. Mitigation Measure 1.c.5: Common area landscaping and gate/entry BP PS, BS, CE 1.c.5 landscaping features in the SFR -3 zoning district shall include natural stone - faced masonry material and individual metal lettering if signage is required, and native entry planting. Entry trees shall be selected to provide shade over paved areas and pedestrian pathways, reduce urban heat buildup, improve air quality, and provide visual unity to the streetscape. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Ciruela Wy, Los Olivos Cir Ciruela Ct Dechado Ct ' ' ' BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2007-0100 Permit BP: Building FD: Fire Department PD: Police Permit Department FI: Final CE: City Engineer Inspection WW: wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy Mitigation Measure 1.c.6: Site development standards include landscaping BP PS, BS, CE 1.c.6 and fencing improvements for the SC -1 zoning district shall be compatible with the same underlying esthetic principles of the residential development and as follows: • Development shall avoid removal of existing native oak trees. ■ Development shall avoid impact to native oak trees, as feasible. ■ Grading into the hillside shall be minimized in order to reduce aesthetic impacts and native tree impacts. ■ Site development shall include a minimum 10 -foot wide native landscape planter between Halcon Road and any required perimeter fencing or wall parallel to Halcon Road. On-site native landscape screening shall also be provided parallel to the adjacent railroad tracks. ■ Any proposed perimeter fence or wall shall be of high quality design and of a material compatible with the design intent of the project Specific Plan. ■ Exterior lighting shall be minimal as described in condition 1.d.1. ■ Identification signage shall be incorporated into the project entry landscape in style and compatibility with the proposed project. Any sign lighting shall be low-level external lighting. Mitigation Measure 1.c.7: The Specific plan includes a range of architectural BP PS, BS 1.c.7 styles consistent with the existing semi -rural character of Atascadero. The architectural styles of the plan shall include Craftsman, Traditional, Monterey Ranch, California and Bungalow as conceptually illustrated within the Plan. Mitigation Measure 1.d.1: Exterior street lighting shall be limited to BP PS, BS, CE 1.d.1 intersection and parking lot locations and be designed to eliminate any off site glare. All street and parking lot exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. All other pedestrian luminaire pole heights shall not exceed 12 feet in height, and all street and parking lot lighting shall not exceed 16 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and shall otherwise be within a range of 0.6 foot candle minimum to 1.0 maximum. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. All light pole and fixture styles shall be consistent with the Specific Plan conceptual site amenities plan. In addition, individual exterior home -owner lighting shall be restricted through CC&R's and individual lot deed -restriction to prohibit high-intensity lighting in excess of one -foot candle, and shall be limited in fixture height to 10 feet, and shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. AIR QUALITY: BP, GP PS, BS, CE 3.b Mitigation Measure 3.b: Each development phase shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Conditions of Approval / Mitigation Monitoring Program Ciruela Wy, Los Olivos Cir Ciruela Ct Dechado Ct ' ' ' Multi -Family Development - Master Plan of Development TTM 2007-0100 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: wastewater CA: City Attorney Mitigation Measure Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. • Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. ■ Schedule construction truck trips during non -peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 BP,GP PS, BS, CE 3.b All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re - vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast - germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Ciruela Wy, Los Olivos Cir Ciruela Ct Dechado Ct ' ' ' BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2007-0100 Permit BP: Building FD: Fire Department PD: Police Permit Department FI: Final CE: City Engineer Inspection WW: wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment before leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. BIOLOGICAL RESOURCES: BP, GP PS, BS 4.a.1 Mitigation Measure: 4.a.1: The applicant shall employ a qualified wildlife biologist to conduct on-site focused surveys for the burrowing owl immediately prior to site disturbance. Results shall be submitted to the City of Atascadero and CDFG if necessary. If this species is found during the survey, site work shall not proceed without specific direction from the CDFG. If the burrowing owl is noted to be present within proposed development areas during the above-mentioned survey, the CDFG may not allow construction/site disturbance to proceed until the owl(s) have vacated the burrow. Mitigation Measure: 4.a.2: To avoid a take of active raptor nests, all BP, GP PS, BS 4.a.2 necessary tree removals should be conducted between mid-September and mid-February, outside of the typical breeding season. If tree removals are determined to be necessary during the typical breeding season, a qualified biologist prior to proposed development activities should conduct a raptor nest survey. The results of the raptor nest survey should then be submitted to CDFG, via a letter report. If the biologist determines that a tree slated for removal is being used for nesting at that time, disturbance should be avoided until after the young have fledged from the nest and achieved independence. If no nesting is found to occur, necessary tree removal could then proceed. Mitigation Measure: 4.a.3: To the extent feasible, avoid all ground BP, GP PS, BS 4.a.3 disturbance activities within woodland and grassland habitats during the typical breeding and nesting period for Loggerhead shrike. Breeding and nesting of this species may commence as early as March, and extends into July and August. If construction activities cannot be avoided during the typical breeding season, retain a qualified biologist to conduct a pre - construction survey to determine presence/absence of nesting loggerhead shrike, and other special -status species with potential to nest in the various habitats of the Woodland property. If no breeding or nesting activities are detected near the proposed work areas, construction activities may proceed. If active nests are found within proposed work areas, construction should be avoided until after the young have fledged from the nest and achieved independence, or upon approval from CDFG. Mitigation Measure: 4.a.4: To avoid direct disturbance of individual Pallid BP, GP PS, BS 4.a.4 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Ciruela Wy, Los Olivos Cir Ciruela Ct Dechado Ct ' ' ' BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2007-0100 Permit BP: Building FD: Fire Department PD: Police Permit Department FI: Final CE: City Engineer Inspection WW: wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy Bats, retain a qualified wildlife biologist to inspect larger trees for the bats as well as other bat species, prior to tree removal. If a specific tree is found to occupy bats, the planned tree removal shall not proceed without direction from the CDFG. Tree removal should only be conducted after the bats have dispersed and under the supervision of a qualified wildlife biologist. Mitigation Measure: 4.a.5: The applicant shall employ a qualified wildlife BP, GP PS, BS 4.a.5 biologist to conduct on-site focused surveys for American badger immediately prior to site disturbance. Results of the survey shall immediately be submitted to the City Of Atascadero, and CDFG as necessary. If active burrows of this species are found within proposed development areas during the survey, site work shall not proceed without direction from CDFG. If American badger is noted to be present within proposed development areas during the above-mentioned survey, construction/site disturbance should not proceed until the animal has vacated the identified burrow. Mitigation Measure: 4.b.1: Prior to final design, the precise locations of the BP, GP PS, BS 4.b.1 ephemeral drainages should be surveyed to determine the extent to which these drainages will be disturbed by proposed construction. Mitigation Measure: 4.b.2: To minimize the potential for indirect GP PS, BS, CE 4.b.2 disturbances of drainages located both on-site and off-site, implement appropriate erosion control measures during construction and limit ground disturbance activities to dry weather to avoid increased surface water runoff and erosion on site, and sedimentation in nearby drainages. Install appropriate erosion control devices down-slope of each construction zone and areas experiencing disturbance of the ground surface. Erosion control devices should be checked on a daily basis to ensure proper function. Mitigation Measure 4.e.1: The 54 acres of proposed opens space shall be GP PS, BS 4.e.1 dedicated to permanent open space with uses restricted to recreation as identified in the Specific Plan, including tot lot location, interpretive trails, trail staging, fencing, and required management/maintenance for fire prevention, public health and safety, and pedestrian trail access. Mitigation Measure 4.e.2: All native trees removed (currently estimated at GP PS, BS 4.e.2 1,321) shall be replaced and maintained to establishment by planting trees from the arborist's approved list on a one to one ratio. In addition to the replacement trees, the applicant shall plant a minimum of 20 Foothill Pine trees in appropriate open space locations. Replanting plans shall be part of the subdivision tract improvements. Mitigation Measure 4.e.3: The project shall comply with the City of GP PS, BS 4.e.3 Atascadero native Tree Ordinance with payment into the native tree fund of $155,350 and replanting of 1,321 five -gallon size native trees, or a combination of five -gallon and larger size trees credited per the native tree ordinance. The fund payment and number of trees planted may vary but shall be compliant with the tree preservation ordinance. Mitigation Measure 4.e.4: The developer shall contract with a certified BP, GP FO, BP, GP, 4.e.4 arborist during all phases of project implementation. The certified arborists FI Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Ciruela Wy, Los Olivos Cir Ciruela Ct Dechado Ct ' ' ' BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2007-0100 Permit BP: Building FD: Fire Department PD: Police Permit Department FI: Final CE: City Engineer Inspection WW: wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy 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 and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. The root zone equals 1 - foot radius for every 1 inch of tree trunk diameter. For any trees requiring tree trunk protection, 2" x 4" x 8 foot boards shall be wired together and placed around the tree trunk. (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of 3/4 inch granite covered with one -inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one -foot by one -foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy of any development phase a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 4.e.5: The building permit site plan shall identify all BP, GP PS, BS 4.e.5 protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan, dated 2/27/03. Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan and/or as recommended by the project arborist. Mitigation Measure 4.e.6: The following cut & fill slope restoration is BP, GP PS, BS 4.e.6 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Ciruela Wy, Los Olivos Cir Ciruela Ct Dechado Ct ' ' ' BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2007-0100 Permit BP: Building FD: Fire Department PD: Police Permit Department FI: Final CE: City Engineer Inspection WW: wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy required ■ Refer to tree protection plan dated 2/27/03 for planting specifications, sequence and procedures. • Temporary plant irrigation shall be installed to adequately water plantings for a period of not less than three years. • All cut and fill slopes shall be hydro mulched with a California native blend of flowers and grasses, subject to City approval. ■ Tree species shall include: Quercus agrifolia, Quercus douglasii, Quercus lobata, Umbellularia californica, Platnus racemosa, and Pinus sabiniana. ■ Shrub species shall include Heteromeles arbutifloia, Rhamnus californica, ■ Prunus ilicifolia, and Ceanothus `Dark Star'. CULTURAL RESOURCES: GP BS 5.b.1 Mitigation Measure 5.b.1: Should any cultural resources be unearthed during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. GEOLOGY AND SOILS: GP PS, BS, CE 6.b.1 Mitigation Measure 6.b.1: The project shall incorporate the recommendations contained within the Geo Solutions soils report dated 11/3/02. GP PS, BS, CE 6.b.2 Mitigation Measure 6.b.2: The Building Permit Application plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.b.3: All cut and fill slopes shall be treated with an GP PS, BS, CE 6.b.3 appropriate erosion control method (erosion control blanket, hydro -mulch, or straw mulch appropriately anchored) immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6.c.d: A site-specific soils report shall be required to be BP, GP PS, BS, CE 6.c.d submitted with future building permits for each development phase by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for occupants and buildings. HAZARDS AND HAZARDOUS MATERIALS: TO, FI PS, BS, FD 7.111 Mitigation Measure 7.h: Due to the site location within an oak woodland area, the project shall include an ongoing maintenance program that will clear combustible debris and vegetation from structures within any public or private open space areas per the City of Atascadero Fire Department standards. The project applicant, shall provide the initial maintenance, and the ongoing maintenance responsibility shall be incorporated into the Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Ciruela Wy, Los Olivos Cir Ciruela Ct Dechado Ct ' ' ' BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2007-0100 Permit BP: Building FD: Fire Department PD: Police Permit Department FI: Final CE: City Engineer Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy establishment of a long-term maintenance agreement by the homeowners association, CC&R's, public facilities maintenance assessment district, or other city -approved mechanism. HYDROLOGY AND WATER QUALITY: GP PS, BS, CE 8e.f.1 Mitigation Measure 8e.f.1: A Storm Water Pollution Prevention Plan (SWPPP)/Erosion Control Plan shall be submitted by the applicant and approved by the RWQCB and the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for ensuring that GP PS, BS, CE 8.e.f.2 all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 8.e: The proposed storm drain system, including the GP, BP BS, CE 8.e on-site drainage basins, shall be designed per the City of Atascadero Engineering standards, subject to review and approval of the City Engineer. LAND USE: BP PS 9 Mitigation Measure 9: Approval of a Conditional Use Permit with a Master Plan of Development shall be required for the multi -family development with a finding for exceptionally high design and construction quality prior to application for the nine multi -family bonus units. NOISE: GP, BP PS, BS, CE 11.a.b.1 Mitigation Measure 11.a.b.1: The dwelling units shall be oriented so that the building construction may act as a noise barrier on the east side of the proposed Woodlands development, specifically for lots 124-143, in order to intercept transportation noise from Union Pacific Railroad, as feasible. Mitigation Measure 11.a.b.2: Soffit vents, eave vents, dormer vents and BP PS, BS, CE 11.a.b.2 other wall and roof penetrations shall be located on the walls and roofs facing away from the noise source wherever possible. Mitigation Measure 11.a.b.3: The walls of critical living spaces, such as BP PS, BS, CE 11.a.b.3 living rooms, lounges, bedrooms, dens, and habitable spaces on second floors of dwelling units nearest the noise source shall have wall construction with an S.T.C. (Sound Transmission Class) rating of 30 or greater. Common acoustic leaks, such as electrical outlets, pipes, vents, ducts, flues and other breaks in the integrity of the wall, ceiling or roof construction on the side of the dwellings nearest transportation noise sources shall receive special attention during construction. All construction openings and joints on Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Ciruela Wy, Los Olivos Cir Ciruela Ct Dechado Ct ' ' ' BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2007-0100 Permit BP: Building FD: Fire Department PD: Police Permit Department FI: Final CE: City Engineer Inspection WW: wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy the walls on the noise facing side of the site shall be insulated, sealed and caulked with a resilient, non -hardening caulking material. All such openings and joints shall be airtight to maintain sound isolation. Mitigation Measure 11.a.b.4: To meet the interior LDN 45 DBA BP PS, BS, CE 11.a.b.4 requirements, windows for critical habitable spaces and for habitable spaces in a second floor of affected units facing the noise source shall be a double - glazed construction with one light of laminated glass, and installed in accordance with the recommendations of the manufacturer. The windows shall be fully gasketed, with an S.T.C. rating of 30 or better, as determined in testing by an accredited acoustical laboratory. Mitigation Measure 11.a.b.5: All construction activities shall comply with the BP, GP PS, BS, CE 11.a.b.5 City of Atascadero Noise Ordinance for hours of operation. Failure to comply with the noise ordinance may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director, and in addition to penalties identified in the Ordinance. PUBLIC SERVICES: (Refer to Conditions 27 and 28) PS 13 Mitigation Measure 13: A draft Fiscal Impact Report and fiscal impact recommendations to reduce any fiscal impacts to an insignificant level related to the proposed project is being prepared in consultation with City staff and shall be available for public review prior to consideration at both the Planning Commission and City Council public hearings. Recommendations shall be reviewed by the Planning Commission and finalized in precise terms by the City Council to assure all project -related impacts are identified and mitigated prior to project approval. RECREATION: BP PS, BS 14 Mitigation Measure 14: The project shall include an additional tot lot within the proposed multi -family zoning designation. Both the staging area and multi -family tot lots shall at a minimum include different variations of commercial -grade swing set, slide, climbing apparatus or similar equipment on a soft surface surrounded by decorative theme fencing designed for the safety and enjoyment of young children. The tot lots shall include pedestrian connection from nearby sidewalks and/or housing areas and shall include durable seating arrangements for adults and children. Tot lots shall be landscaped and include shade trees be planted within and around each tot lot. TRANSPORTATION/TRAFFIC: BP, CE PS, CE 15.1 Mitigation Measure 15.1: Prior to Planning Commission and City Council formal public hearing for the proposed project: 1. City Engineer shall review and approve project circulation impacts recommended mitigation measures (as recommended by Omni -Means traffic study and the City Engineer) and equitable share. No turning restrictions shall be applied to the San Antonio/Santa Barbara intersection as project -specific mitigation. Refer to project TTM 2004- Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Ciruela Wy, Los Olivos Cir Ciruela Ct Dechado Ct ' ' ' BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2007-0100 Permit BP: Building FD: Fire Department PD: Police Permit Department FI: Final CE: City Engineer Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy 0047 Condition #63 or TTM #49 for specific measures. 2. Project mitigation measures and phasing schedule for the construction of the improvements shall be reviewed and approved by the City Engineer. Mitigation Measure 15.2: Per the Atascadero Municipal Code 9.4160 (a) BP, CE PS, CE 15.2 (Streets), "The project shall also provide well -paved city standard access roads from a collector or arterial to the subdivision and repair existing under - paved or poor -condition interior or frontage roads". The General Plan Circulation Element lists the route of Halcon Road/Viejo Camino/Santa Barbara Road to EI Camino Real as a circulation improvement needed. Based on these sections of the municipal code and the General Plan, this project shall be required to perform the following improvements on the route from the project entrance to EI Camino Real: ■ Widen, stripe, and improve the route to Engineering Standard 403 "Rural Collector". • Overlay the route with two-inch minimum asphalt surface. Mitigation Measure 15.3: The project shall provide a Class II bicycle lane to BP, CE PS, CE 15.3 connect the development to the existing bicycle routes at EI Camino Real/Viejo Camino. UTILITIES AND SERVICE SYSTEMS: BP, GP PS, BS, CE, 16.1 CA Mitigation Measure 16.1: Development with the project site area shall require connection to the City's future sewer system mainline extension included in the City's Sewer Master Plan. The applicant shall design and install the on-site mainline. For reimbursement and maintenance, refer to the project Specific Plan implementation section. The extension will run from the sewer treatment plant south to Halcon Road. The mainline shall be designed and built with capacity to accommodate development with the proposed project as well as new development in the area and existing uses as identified by the City of Atascadero. The proposed line serving development along the easterly project site will require a private on-site wastewater (duplex pumps) pumping station. Provisions for the repair and maintenance of the pump station shall be included in the project CC&R's, subject to the City Engineer and City Attorney approval. Design criteria for the sewer collection system shall conform to the City of Atascadero Standards Mitigation Measure 16.2: Per the implementation section of the project BP, GP PS, BS, CE 16.2 Specific Plan, the applicant shall be required to: ■ Pay for the backbone infrastructure and community facilities that are required to serve the project site. ■ The developer shall pay school fees prior to certificate occupancy. ■ A project area Public Facilities Maintenance Assessment District shall be formed for the collection of assessment fees to finance the maintenance of all public facilities in the project area. Funds will be collected by the County Tax Collector and distributed to the City biannually. The City shall administer the funds and provide or contract for all maintenance activities. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Ciruela Wy, Los Olivos Cir Ciruela Ct Dechado Ct ' ' ' BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2007-0100 Permit BP: Building FD: Fire Department PD: Police Permit Department FI: Final CE: City Engineer Inspection WW: wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy Mitigation Measure 16.3: Development within the proposed project shall BP, GP PS, BS, CE 16.3 conform to all existing City of Atascadero standards set forth in the City's General Plan, Zoning Ordinance, Municipal Code, and Public Works Standards unless otherwise specified in the Specific Plan. Each phase of project development shall pay all required fees established by the City, including permit, school, plan check and impact fees, to mitigate all off site facilities impacts anticipated under the General Plan. A fiscal impact report is being prepared by David Taussig & Associates to evaluate the proposed project impacts on City services and shall be available prior to Planning Commission and City Council formal public hearing and project consideration or approval. Recommendations shall be reviewed by the Planning Commission and finalized in precise terms by the City Council to assure all project -related impacts are identified and mitigated prior to project approval. Attachment 6: Previously Certified Mitigated Negative Declaration See Following ITEM NUMBER: 3 DATE: 5-6-08 A tascadero Planning Commission Staff Report - Community Development Department Tentative Parcel Map 2007-0093 PLN 2007-1260 (AT 07-0290) 7085 & 7095 EI Camino Real (Atascadero Enterprises) RECOMMENDATION: Staff Recommends: Planning Commission adopt Resolution PC 2008-0026 approving Tentative Parcel Map 2007-0093, based on findings and subject to conditions of approval. REPORT -IN -BRIEF: Proposed subdivision of one existing commercial parcel totaling approximately 0.82 acres net into two lots. The site is currently being developed with the approved Lube -n - Go and Carl's Jr. projects. DISCUSSION: Situation and Facts: 1. Applicant/Owners: Atascadero Enterprises, 2505 Theatre Drive, Paso Robles, California, 93446 3. Project Address: 7085 and 7095 EI Camino Real, Atascadero, CA 93422 APN 030-081-046 4. General Plan Designation: General Commercial 5. Zoning District 6. Site Area: 7. Existing Use: 8. Environmental Status Commercial Retail 0.82 acres Lube -n -Go and approved Carl's Jr. Exempt ITEM NUMBER: 3 DATE: 5-6-08 Background Surrounding Land Use and Setting: North: Commercial Retail East: Commercial Retail South: Highway 101 West: Commercial Retail The project site is within the General Commercial General Plan Land Use designation and is zoned Commercial Retail. ANALYSIS: The proposed project consists of Parcel Map to establish two commercial parcels within an existing commercial development. Two projects are currently proposed on the project site; the Lube -n -Go project currently under construction and the approved Carl's Jr. project is in for building permits. Subdivision Desian The project site is zoned Commercial Retail which has no minimum lot size. As the project site is within an existing shopping center where shared access easements were not established in the past, the project has been conditioned to provide vehicular and pedestrian access easements throughout the site to provide for current and future connectivity to the rest of the center. The subdivision, as proposed, will allow for the construction of both approved projects with the proposed property line located in the center of the main access driveway. No modifications to the previously approved projects will result from this subdivision. ITEM NUMBER: 3 DATE: 5-6-08 General Plan Consistency The subdivision is consistent with the General Plan General Commercial Land Use Designation and Commercial Retail Zoning regulations. Conditioned easements will ensure orderly development of the parcels and connectivity with the existing surrounding shopping center. Findings 1. The proposed subdivision, design, and improvements, as conditioned, are consistent with the General Plan and applicable zoning requirements. 2. The site is physically suitable for the density of development proposed. 3. 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. 4. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 5. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. Proposed Environmental Determination The proposed subdivision is exempt per CEQA section 15315: minor land divisions. As no changes are proposed to the master plan of development or proposed uses, those aspects of the project site remain consistent with the previously certified Mitigated Negative Declarations for each project. Cnnr_liminn The subdivision, as conditioned, is consistent with the 2002 General Plan and Zoning Ordinance. The parcel configurations are consistent with the Subdivision Ordinance requirements. Easements are conditioned to ensure that the site provides reciprocal access to each of the two proposed lots and existing lots within the surrounding shopping center. Staff recommends the Planning Commission approve Tentative Parcel Map 2007-0093 as conditioned. ALTERNATIVES: 1. The Commission may approve the subdivision subject to additional or revised project conditions. 2. The Commission may deny the subdivision 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. ITEM NUMBER DATE: 5-6-08 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: ATTACHMENTS: Attachment 1 Attachment 2 Kelly Gleason, Senior Planner Location Map Draft Resolution PC 2008-0026 ITEM NUMBER DATE 5-6-08 ITEM NUMBER: 3 DATE: 5-6-08 ATTACHMENT 1: Location Map (General Plan / Zoning) TPM 2007-0093 7085 & 7095 EI Camino Real General Plan Designation — General Commercial Zoning District — Commercial Retail ITEM NUMBER: 3 DATE: 5-6-08 ATTACHMENT 2: Draft Resolution PC 2008-0026 TPM 2007-0093 7085 & 7095 EI Camino Real DRAFT RESOLUTION PC 2008-0026 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 2007-0093 TO ESTABLISH TWO COMMERCIAL PARCELS ON APN 030-081-046 7085/7095 EL CAMINO REAL (Atascadero Enterprises) WHEREAS, an application has been received from Atascadero Enterprises, 2505 Theatre Drive, Paso Robles, CA 93446, (Applicant and Property Owner) to consider a project consisting of a Tentative Parcel Map to subdivide one commercial parcel into two parcels; 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, there is no minimum lot size in the Commercial Retail zone; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, the proposed subdivision is exempt from CEQA review per section 15315; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Parcel Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said subdivision map; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on May 6, 2008, studied and considered Tentative Parcel Map 2007-0093; and, ITEM NUMBER: 3 DATE: 5-6-08 NOW, THEREFORE, the Planning Commission of the City of Atascadero, California takes the following actions: SECTION 1. Findings of Approval for Tentative Parcel Map, the Planning Commission of the City of Atascadero finds as follows: 6. The proposed subdivision, design, and improvements, as conditioned, are consistent with the General Plan and applicable zoning requirements. 7. The site is physically suitable for the density of development proposed. 8. 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. 9. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 10. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on May 6, 2008, resolved to approve Tentative Parcel Map 2007-0093 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Tentative Parcel Map 2007-0093 (AT 07-0290) ITEM NUMBER: 3 DATE: 5-6-08 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 Vice -Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER DATE: 5-6-08 EXHIBIT A: Conditions of Approval Draft Resolution PC 2008-0026 TPM 2007-0093 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure TPM 2007-0093 AT 07-0290 PM: Parcel Map GP: Grading Prmt PS: Planning Services BP: Building Prmt BS: Building Services TO: Temporary FD: Fire Department 7085 & 7095 EI Camino Real occupancy PD: Police Department F0: Final Occupancy CE: City Engineer PI: Public Improvements WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Planning Services 1. The approval of this application shall become final, subject to the PM PS completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9- 1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Parcel Map shall be valid for two years PM 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. 3. The Community Development Department shall have the PM PS authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Parcel Map. 4. A parcel map drawn in substantial conformance with the PM 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. 5. The subdivider shall defend, indemnify, and hold harmless the Ongoing CA City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the subdivision. Project Specific Conditions 6. Pedestrian and vehicular easements shall be recorded in favor PM PS of the surrounding commercial parcels within the Vons/Rite-Aid development. Easements shall include provisions for pedestrian accessible route connections along the current accessible path and along the east property line. ITEM NUMBER: 3 DATE: 5-6-08 EXHIBIT B: Tentative Parcel Map 2007-0093 (AT 07-0290) Draft Resolution PC 2008-0026 ITEM NUMBER: 4 DATE: 5-6-08 A tascadero Planning Commission Staff Report — Community Development Department Kelly Gleason, Senior Planner, 470-3436, kgleasonCa)atascadero.org Reconsideration Conditional Use Permit 2005-0148 4300 EI Camino Real (Carl's Jr.) SUBJECT: The proposed project consists of an application for a Reconsideration of Conditional Use Permit 2005-0148. The originally approved project allowed construction of a drive- through restaurant at 4300 EI Camino Real on an existing vacant pad in the Kmart Shopping Center. The original application was filed by Carl's Jr. and approved on January 16, 2006. The project approval expired on January 16, 2008, and the owner of the site would like to keep the entitlement active for marketing of the site. RECOMMENDATION: Staff Recommends.- Planning ecommends. Planning Commission adopt Resolution PC 2008-0020 approving Conditional Use Permit 2005-0148 based on findings and subject to Conditions of Approval and Mitigation Monitoring. SITUATION AND FACTS: 1. Property Owner: Kmart Corporation, 3100 W. Big Beaver Rd., Troy, MI 48084 2. Applicant: CKE Restaurants, Inc., 401 W. Carl Karcher Way Anaheim, CA 92801 3. Project Address: 4300 EI Camino Real, Atascadero, CA 93422 (San Luis Obispo County) APN 049-221-063 4. General Plan Designation: General Commercial (GC) 5. Zoning District: Commercial Retail (CR) 6. Existing Use: Vacant site in Kmart Shopping Center 7. Environmental Status: Certified Mitigated Negative Declaration 2005-0047 DISCUSSION: Background: On January 17, 2006, the City of Atascadero Planning Commission approved an application for Conditional Use Permit 2005-0148 to entitle a drive-through restaurant on a vacant commercial pad in the Kmart Shopping Center. A subsequent action was taken by the City Council which amended the project to require full frontage improvements along the San Anselmo frontage. Conditional Use Permits are valid for twelve (12) months after Planning Commission approval unless the project has received a building permit. During the initial twelve month period, the applicant had not been issued building permits. In January 2007, the applicant applied for, and was granted, an Administrative Time Extension to extend the life of the Conditional Use Permit by an additional twelve (12) months. The applicant was not issued building permits during this time and the Conditional Use Permit was deemed expired in January 2008. As an additional Time Extension application was not filed by the expiration date, the application must be reheard as a Reconsideration of the project. The project is presented as originally approved with the City Council amended conditions of approval requiring full frontage improvements. The Planning Commission has the authority to approve, continue for additional information, or deny the reconsideration request. Analysis: The Atascadero Municipal Code section 9.3-223 allows eating and drinking places with drive-through facilities as a conditional use within the Commercial Retail Zone. Findings for project approval were made by the Planning Commission in January 2008. The proposed project continues to meet all requirements set forth in the Atascadero Municipal Code. The project is consistent with the previously certified Mitigated Negative Declaration. No new analysis has been completed at this time. Findings: Approval of this application would re -entitle the project site for a drive-through restaurant. As this project is currently expired, the Planning Commission must make all of the same findings required for the original approval of the Conditional Use Permit. 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. CONCLUSION: The proposed project has expired based on the time limits set forth in the Atascadero Municipal Code for Conditional Use Permits. The reconsideration before the Planning Commission is considered a new project with staff's analysis only relating to whether or not any applicable codes have changed. The applicant is requesting that the project be approved to reestablish the entitlement for a drive-through restaurant as previously approved. All conditions of approval and exhibits have been unaltered from the original resolutions of approval. ALTERNATIVES: 1. The Commission may approve the Conditional Use Permit subject to additional or revised project conditions. 2. The Commission may deny the Conditional Use Permit 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 Kelly Gleason, Senior Planner ATTACHMENTS: Attachment 1 — Location, General Plan, and Zoning Map Attachment 2 — Original Staff Report — Meeting 1 Attachment 3 — Original Staff report — Meeting 2 Attachment 4 — Adopted Resolution 2005-0075 Attachment 5 — Draft Resolution 2008-0020 ATTACHMENT 1: Location, General Plan, and Zoning Map Project Site General Plan: General Commercial (GC) Zoning District: Commercial Retail (CR) ATTACHMENT 2: Original Staff Report - Meeting 1 See Attachment ATTACHMENT 3: Original Staff Report - Meeting 2 See Attachment ATTACHMENT 4: Adopted Resolution 2005-0075 See Attachment ATTACHMENT 5: Draft Resolution PC 2008-0020 DRAFT RESOLUTION 2008-0020 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING CONDITIONAL USE PERMIT 2005-0148 ON APN 049-221-063 (4300 El Camino Real) WHEREAS, an application has been received from Kmart Corporation (3100 W. Big Beaver Rd, Troy, Michigan 48084) Property Owner and CKE Restaurants, Inc. (401 W. Carl Karcher Way, Anaheim, CA 92801) to reconsider a project consisting of a Conditional Use Permit (CUP 2005-0148) for a drive-through restaurant at 4300 El Camino Real (APN 029-221- 063; 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, Drive-through restaurants are a Conditional Use in the Commercial Retail Zone; and, WHEREAS, the proposed reconsideration is consistent with certified Mitigated Negative Declaration 2005-0047; and, WHEREAS, the Atascadero Municipal Code has not been updated in any way which would affect the design of the proposed project; 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 May 6, 2008, studied and considered Conditional Use Permit 2005-0148 on reconsideration, and, NOW, THEREFORE, the Planning Commission of the City of Atascadero, California 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. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on May 6, 2008, resolved to approve the Conditional Use Permit 2005-0148 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT C: Landscape Plan EXHIBIT D: Floor Plans EXHIBIT E: Elevations EXHIBIT F: Color and Materials Board 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 EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program Conditional Use Permit 2005-0148 Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program iiity Measure /Monitorin BL: Business License g 4300 El Camino Real GP: Grading Permit Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services CUP 2005-0148 TO: Temporary Occupancy BS: Building Services F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. This Conditional Use Permit shall be for a drive-through restaurant and FM PS associate site improvements as described on the attached exhibits and located on parcel 049-221-063 regardless of owner. 2. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 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 twelve (12) BP/FM PS months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 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 consistent BP/FM PS, CE with the Master Plan of Development contained herein. 7. All exterior elevations, finish materials, and colors shall be consistent with BP PS the Master Plan of Development as shown in EXHIBIT C, D, and F with the following modifications: • All exterior material finishes shall be durable, high quality, and consistent with the architectural appearance. • All trash storage, recycle storage, and air conditioning units shall be screened from view behind architecturally compatible or landscaped enclosures. ■ Any exterior light fixtures shall be compatible with building design, Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin 4300 EI Camino Real BL: Business License GP: Grading Permit g Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services CUP 2005-0148 Occupancy Occupancy Services $e Building F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney subject to staff approval. • Stucco siding shall be sand finish or similar. ■ Base material shall wrap entire building. • The grid element shown on the Main Entrance elevation shall be fake windows or similar, subject to staff approval. ■ Final color selection shall include compatible earth toned colors, subject to staff approval. 8. All site work, grading, and site improvements shall be consistent with the BP/FM PS, BS, Master Plan of Development as shown in EXHIBIT C and D, and shall CE include the following: ■ Outdoor eating/patio area shall include a minimum of 2 high quality tables with chairs and shall be installed prior to final. ■ The drive-through lane shall be screened with landscaping and/or a decorative wall of materials to match the proposed architecture. 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. • Street trees shall be provided along the EI Camino Real frontage and San Anselmo frontage at a maximum spacing of 30 feet on center. All street trees shall be 15 -gallon London Plane trees. Remaining existing trees may meet this requirement. • Street and landscape trees shall be minimum 15 -gallon size and double staked. • All landscaping shall be drought tolerant. ■ All retaining walls shall be constructed of a dark color split face block, subject to staff approval. 10. The developer and/or subsequent owner shall assume responsibility for GP PS the continued maintenance of all landscape and common areas, BP consistent with EXHIBIT D. Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin 4300 EI Camino Real BL: Business License GP: Grading Permit g Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services CUP 2005-0148 Occupancy Occupancy Services $e Building F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 11. The monument sign shall include materials and colors compatible with the approved building design, as conditioned and subject to staff approval. Public Works Conditions Traffic: 12. This project is required to widen San Anselmo Road to include the following improvements: two travel lanes and bike lane with 6 -foot wide planter median and bulb -out at the ECR/San Anselmo intersection. Improvements shall also include curb, gutter, sidewalk, pave out and striping. A conceptual layout of San Anselmo from EI Camino Real to US 101 shall be submitted. This will be used to determine the required alignments and widths. Two travel lanes shall be maintained on the opposite frontage. 13. The EI Camino Real/San Anselmo Road signal in the north -south direction shall have the left turn signal phasing changed from protected left turn to permitted/protect left turn. 14. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. Drainage: 15. Drainage calculations are required per section 5 of Atascadero Engineering Standards. Calculations must show the downstream drainage system can convey the increase in flow from this project. If the downstream system can not convey the increased flow then a retention basin and meter system must be designed and constructed with this project per City Engineering Standards. 16. Obtain approval by the City Engineer of the grading & drainage plan and the storm drain design & facilities. 17. 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. 18. Show the method of dispersal at all pipe outlets. Include specifications for size & type. 19. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. 20. Concentrated drainage from off-site areas shall be conveyed across the project site in drainage easements Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin 4300 EI Camino Real BL: Business License GP: Grading Permit g Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services CUP 2005-0148 Occupancy Occupancy Services $e Building F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Wastewater: 21. This project shall connect to City sewer. The design and construction of the connection shall follow all City standards. All fees shall be paid at the time of permit issuance. 22. A grease trap system shall be designed and constructed to eliminate any grease from entering the City Wastewater system Standard Conditions: 23. The applicant shall be responsible for the protection, relocation and/or alteration of existing utilities. 24. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. 25. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 26. Prior to issuance of building permits, the applicant shall submit a grading and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. 27. Prior to the final inspection, all outstanding plan check and inspection fees shall be paid. 28. Prior to the final inspection, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC). Atascadero Mutual Water Company 29. 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 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. 30. Before the start of construction on the water system improvements, the GP, BP CE applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. 31. Before issuance of building permits, the applicant shall obtain a "Will GP, BP CE Serve" letter from AMWC for the newly created lots within the Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin 4300 EI Camino Real BL: Business License GP: Grading Permit g Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services CUP 2005-0148 Occupancy Occupancy Services $e Building F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney subdivision. 32. The applicant shall provide AMWC with easements for those water GP, BP CE 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. 33. The applicant is responsible for designing and constructing water GP, BP CE system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. 34. The applicant shall obtain a separate landscape-irrigation meter if the common area landscaping for the project exceeds 5,000 square feet. 35. Landscaping for the common areas shall be drought-tolerant. Before construction of the water system improvements, AMWC shall review and approve the landscape plans for the common areas within the project. 36. Before construction of the water system improvements, AMWC shall review and approve the irrigation plans for the common areas within the project. Mitigation Measures Mitigation Measure 1.d.1: The project shall include a low hedge or decorative BP BS, PS, 1.c.1 wall along the San Anselmo and EI Camino Real frontage to minimize impacts CE for the car queuing areas. Mitigation Measure 1.d.2: Exterior parking lot lighting shall be designed to BP BS, PS, 1.c.2 eliminate any off site glare. All exterior site lights shall utilize full cut-off, CE "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 and compatible with neighborhood setting, subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP, GP BS, PS, 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM-10) CE as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non-taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy- duty diesel engines. • Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters CDPF or other District approved emission reduction retrofit services Conditions of Approval / Mitigation Monitoring Program 4300 EI Camino Real Conditional Use Permit CUP 2005-0148 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection Occupancy Occupancy F0: Final Occupancy Responsib ility /Monitorin g PS: Planning Services Services $e Building FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure (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 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 was off trucks and equipment leaving the site. k. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. I. 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. Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin 4300 EI Camino Real BL: Business License GP: Grading Permit g Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services CUP 2005-0148 Occupancy Occupancy Services $e Building F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 6.b.1: The grading permit application plans shall include BP PS 4.e.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. Mitigation Measure 6.c.1: A soils report shall be required to be submitted with BP PS 4.e.2 a future building permit by the building department. Mitigation Measure 6.b.1: The grading permit application plans shall include GP PS, BS, 6.b.1 erosion control measures to prevent soil, dirt, and debris from entering the CE 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 8.e.f.1: The developer is responsible for ensuring that all BP, GP PS, BS, 6.c.1 contractors are aware of all storm water quality measures and that such CE measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.d.1: All construction activities shall comply with the City BP, GP PS, BS, 11.d.1 of Atascadero Noise Ordinance for hours of operation. CE Mitigation Measure 15.a.b.1: The proposed project shall be responsible for the BP CEPS 15.a.b.1 installation of all required frontage improvements along San Anselmo Avenue. The access point at San Anselmo Avenue shall be restricted to a right -in, right - out only. Improvements will be constructed for build out conditions resulting in two travel lanes, a bike lane, and center median. Mitigation Measure 15.a.b.2: The project shall utilize existing access points for BP CEPS 15.a.b.2 the existing shopping center. No new access points shall be permitted. EXHIBIT B: Master Plan of Development/Site Plan - . EM VD V"113HVW AVMM3HOM 193M Vi wJa ONINva u a as ornisev Nvs s31N3o wim ornmmv NVS :'=�roS�i��� d ¢ a • :eg '9NIS11JVMWISM3119 4 ra 0 Qag m y Id w ¢ kg E� ? gw Q �n 07- Em 6� QO aJ n� O W.2 ..ttpa WW ¢ W 4 dQ S Wa Z ¢O¢ W ;5z 5 2 idO OW Slid OWO ��m ¢O 9 zw 2 BO Q oo �� 04q KN r N 'm5SK i�l m � 'OH OWl35NV NVS c � 4 Z / I z a - z Z B yatr y ` / - OpQ n wCO H 3 Z Z a W -W K2 I EXHIBIT cLandscape Plan \� RE |Carlsr CKE | (Do __� v) 2 [[[ mo�Em�• %� / ®� ,qe ) _ G «1< oila Z + ƒ ! ƒ § . � !_| � � /J9\® \ ■ ' % » SAN mELMoRD. oil § § A ■ mom q °| �``°�|||| �| ! |■■�|w ||% �|� | | ■ §{ � '� 9§� ���■| �|` | ! �|| � � |Carlsr CKE | __� v) [[[ mo�Em�• %� / ®� ,qe ) _ EXHIBIT D: Floor Plans E tlINNOlIItlD 'DNlDtlDSVltl w o ring" WBZ6VJ W13HtlrM ivaN DNINVD is ad "Mgsuv Nvs $ b "AVMN3HOUtl)Il21VJ1S3ML04 MRNJ� liv1JN DV41JSNY Ntl5 • 3 ecSE! 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GKERESTAURANTS INC. 0 888 ® � � �xRxrasa• •�. iwe 401 WEST CARL KARCHER WAY 1 N SAN ANSFLMO RFTAIL CTNTFR SAN ANSELMO RD k EL CAMINO REAL ANAHEIM `CA 97.803 - c St a ATASCADFRO, CALIFORNIA - S EXHIBIT F: Color and Materials Board P -a WOOD: MATCH ICI PAINT #2012 MP#50YY 83/057 SWISS COFFEE' P-1 STUCCO: MATCH ICI PAINT #2012 MP#50YY 83/057 SWISS COFFEE' P-2 STUCCO: MATCH ICI PAINT #627 MP#30YY 51/098 "TOASTY GREY" P -s STUCCO: MATCH ICI PAINT #308 MP 70YR 20/239 "PADRE ISLAND" wn-1 WOOD: MATCH ICI PAINT #416 MP #OOYY 30/200 SANDY COVE' 940 TYLER STREET, SUITE 23, BENICIA, CA 94510 JOB NO: DWG DATE: DWG N0: ARC Inc. 616 MARIN STREET, VALLEJO, CA 94590 CJ026 1 11-16-05 X-10 EXHIBIT F: Color and Materials Board C,mfbonn Product NO: 3645 Notre Summa 01-1 D—vtk- Tertocotta. &own Bk ',d Col, -Q— BLENDS * * # i S"k, :7uPmnu,,;., iY*.bu bel n Povde fapwe Bu' r-� ROOF: EAGLE ROOFING PRODUCTS TERRACOTTA BROWN BLEND cNu-1 CONCRETE MASONRY UNIT: ELDORADO STONE COPPER MOUNTAIN LEDGE 940 TYLER STREET, SUITE 23, BENICIA, CA 94510 JOB N0: DWG DATE: I DWG N0: ARC Inc. 616 MARIN STREET, VALLEJO, CA 94590 CJ026 11-16-05 X-9 report.sk.doc ITEM NUMBER: 5 DATE: 5-6-08 Atascadero Planning Commission Staff Report - Community Development Department Callie Taylor, Associate Planner, 470-3448, ctaylorgatascadero.org PLN 2007-1257 Recharge Ponds Conditional Use Permit 2007-0221 River Parcel, APN 049-011-003 (Atascadero Mutual Water Company) RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2008-0024, certifying proposed Mitigated Negative Declaration 2008-0004 as amended, and approving Conditional Use Permit 2007-0221 (PLN 2007-1257) based on findings and subject to conditions of approval. SUMMARY: The proposed project includes an application for a Conditional Use Permit to construct three (3) water recharge ponds as part of the Atascadero Mutual Water Company's facilities expansion. Excavated fill dirt is proposed to be used to create a building pad on the same parcel for upgrades to Well #4. Excess dirt will be stock piled at the Atascadero Mutual Water Company's property on Sycamore Road. SITUATION AND FACTS: 1. Applicant / Owner: Atascadero Mutual Water Company, P.O. Box 6075, Atascadero, CA 93423 2. Project Address: Salinas River Parcel, Near Well #7 and Well #4 Atascadero, CA 93422 (San Luis Obispo County) APN 049-011-003 3. General Plan Designation: Public (P) 4. Zoning District: Public (P) ITEM NUMBER: 5 DATE: 5-6-08 5. Site Area- Parcel size- 97.56 acres Area of disturbance: Approx. 4.5 acres, plus fill areas 6. Existing Use: Water wells and vacant land 7. Environmental Status: Proposed Mitigated Negative Declaration #2008-0004 DISCUSSION: Backqround Surrounding Land -Use and Setting NO ad - Gra CD North: Salinas River South: RSF-Y & Public West: RSF-Y & PD Overlay #14 East: Salinas River Project site The site is located on the Salinas River Parcel, near the Lakes development. The site contains several wells throughout the property. The location for the recharge ponds is near well #7. The location for the fill area is at well #4. The site can be accessed from the De Anza Trail which runs between the residences at "The Lakes" development and the proposed project site near the wells. ITEM NUMBER: 5 DATE: 5-6-08 Analysis The proposed project includes an application for a Conditional Use Permit to construct three (3) water recharge ponds as part of the Atascadero Mutual Water Company's facilities expansion. The ponds are approximately 250 feet by 440 feet in size. They are proposed to be a kidney bean shape, and will be enclosed with a six-foot tall vinyl - coated chain link fence. The proposed project consists of two (2) phases. The first phase will include the construction of one (1) water recharge pond requiring 22,000 cubic yards of cut. The second phase will be constructed only if necessary, and will include the construction of two (2) additional water recharge ponds requiring a total of 32,850 cubic yards of cut. The project proposes a total of 54,850 cubic yards of cut. The excavated soil resulting from the project is proposed to be used to create a building pad on the same parcel for upgrades to Well #4. The soil removed from the floodway will remain on the same parcel and will be used within the floodway near well #4, thereby creating no change to flood levels. Excess soil which is located outside the floodway and not needed to maintain equal areas, will be stock piled at the Atascadero Mutual Water Company's property on Sycamore Road. ITEM NUMBER DATE: 5-6-08 A landscape plan has been provided in order to address any visual impacts of the project. Due the proximity to the residences and the De Anza Trail, mitigation measures have been included in order to screen the recharge ponds. The ponds must be fenced for safety purposes; all fencing shall be vinyl -coated in either green or brown color in order to blend with the surrounding environment (Mitigation Measure 1.c.1.) Landscaping shall be required along the fence side which faces the residences and the De Anza Trail. All landscaping shall be of native plant material and shall be approved by the project biologist (Mitigation Measure 1.c. and 4.b.5.) An existing berm is located between the residences and property, and will further aid in screening the project. Lancdscape Pian © 1 -- F I� wwzE warn i •� I North ITEM NUMBER: 5 DATE: 5-6-08 A biologist report has been completed for the project and is available for review in the project file at the Community Development Department. Several Mitigation Measures have been included in order to protect the native plants and animal habitat during and after construction (Mitigation Measures 4.a.1 through 4.e.1, see attached CEQA document and attached resolution.) The project has also been conditioned to allow public access to the De Anza Trail from a trail currently being installed off of Chico Road (APN 049-022-038) (Condition # 7.) Proposed Environmental Determination A Draft Mitigated Negative Declaration was circulated to public agencies and residents within 300 feet of the property on February 22, 2008. During public review period, comments were received from the Salinan Tribe, the Chumash Tribe, and the Air Pollution Control District. Responses to these comments are included as Attachments 2, 3, and 4 of this report. Additional Mitigation Measures have been included in the Mitigated Negative Declaration to address the requirements of the Air Pollution Control District and the archeological and cultural resources, and are incorporated into the Planning Commission approval resolution. The applicant shall work with the APCD to meet all of the permitting and construction requirements as requested. A Phase II archeological study shall be required in order to determine if any human remains or cultural resource are located in the project area. A finding is proposed that this project would not have a significant effect on the environment with the incorporation of the recommended mitigation measures. Staff is recommending that the Planning Commission certify Proposed Mitigated Negative Declaration 2008-0004 as amended. CONCLUSION: The project proposes to construct three (3) water recharge ponds as part of the Atascadero Mutual Water Company's facilities expansion. Upgrades to Well #4 are also proposed. The proposed project is consistent with the General Plan and Atascadero Municipal Code, as analyzed within this staff report. Staff finds that the proposed project, as conditioned, meets the required findings necessary for Planning Commission approval. ITEM NUMBER: 5 DATE: 5-6-08 ALTERNATIVES: 1. The Commission may modify the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. I The Commission may deny the project. The Commission should specify the reasons for denial of the project and recommend an associated finding with such action. ATTACHMENTS: Attachment 1: Location and Zoning Map Attachment 2: Letter and Response to Comments: APCD Attachment I Letter and Response to Comments: Chumash Attachment 4: Letter and Response to Comments: Salinan Tribe Attachment 5: Draft Resolution PC 2008-0024 ITEM NUMBER DATE: 5-6-08 Attachment 1: Location and Zoning Map Zoning- Public General Plan Designation: Public ITEM NUMBER DATE: 5-6-08 Attachment 2: Letter and response to comments: APCD AIR POLLUTION CONTROL DISTRICT 10 COUNTY OF SAN LUIS OBISPO April 14, 2008 Callie Taylor, Assistant Planner City of Atascadero 6907 El Camino Real Atascadero CA 93422 SUBJECT: APCD Comments Regarding Atascadero Water Recharge Pond Project (PLN2007-1257) Dear Ms. Taylor, Thank you for including the San Luis Obispo County Air Pollution Control District (APCD) in the environmental review process. We have completed our review of the proposed project that includes an application for a Conditional Use Permit to construct three water recharge ponds as part of the Atascadero Mutual Water Company's facilities expansion. The ponds would be approximately 250 feet by 440 feet in size and would be located between the Salinas River and the homes on Via Del Sueno, north of Highway 41. The project would consist of one phase with a second phase occurring only if necessary. The first phase would include the construction of one water recharge pond that would require 22,000 cubic yards of cut. If additional recharge is needed, the second phase would construct two additional water recharge ponds requiring a total of 32,850 cubic yards of cut. The project could have the potential of needing a total of 54,850 cubic yards of cut. The excavated fill dirt is proposed to be used to create a building pad on the same parcel for upgrades to Well #4. Excess material would be stock piled at the Atascadero Mutual Water Company's nearby property on Sycamore Road for use in future facility upgrades. The following are APCD comments that are pertinent to this project. GENERAL COMMENTS As a commenting agency in the California Environmental Quality Act (CEQA) review process for a project, the APCD assesses air pollution impacts from both the construction and operational phases of a project, with separate significant thresholds for each. Please address the action items contained in this letter that are highlighted by bold and underlined text. To mitigate this prolect to a level of insignificance, the Air Quality section of the Mitigated Negative Declaration for this project needs to be updated with the following air quality measures for the project to implement: CONSTRUCTION PHASE MITIGATION The APCD staff considered the construction impact of this development by comparing it against screening models within the APCD's Air Quality Handbook. The project would be accomplished in one or two phases, each of which would result in earth work that would not trigger an exceedence of the APCD's construction based nitrogen oxide or reactive organic gas thresholds. As such, construction equipment mitigation is not required for this project. That said, below 3433 Roberto Court, San Luis Obispo, CA 93401 • 805-781-5912 • FAX: 805-781-1002 info@slocleanair.org C www.slocleanair.org ITEM NUMBER DATE: 5-6-08 APCD Comments on Atascadero Water Recharge Ponds (PLN2007-1257) April 14, 2008 Page 2 of 4 are a list construction phase mitigation requirements that are necessary for this proiect such that it will meet local APCD rules or state or federal regulations. Naturally Occurring Asbestos 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 proiect 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 our Enforcement Division at 781-5912. Developmental Burning Effective February 25, 2000, the APCD prohibited developmental burning of vegetative material within San Luis Obispo County. Under certain circumstances where no technically feasible alternatives are available, limited developmental burning under restrictions may be allowed. This requires prior application, payment of fee based on the size of the project, APCD approval, and issuance of a burn permit by the APCD and the local fire department authority. The applicant is required to furnish the APCD with the study of technical feasibility (which includes costs and other constraints) at the time of application. If you have any questions regarding these requirements, contact our Enforcement Division at 781-5912. Dust Control Measures Construction activities can generate fugitive dust, which could be a nuisance to local residents and businesses in close proximity to the proposed construction site. Dust complaints could result in a violation of the APCD's 402 "Nuisance" Rule. This proiect is near potentially sensitive receptors and shall be conditioned to comply with all applicable Air Pollution Control District regulations pertaining to the control of fugitive dust (PM10) as contained in section 6.5 of the Air Quality Handbook. All site grading and demolition plans noted shall list the following regulations: 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 revegetation 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 revegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD, ITEM NUMBER DATE: 5-6-08 APCD Comments on Atascadero Water Recharge Ponds (PLN2007-1257) April 14, 2008 Page 3 of 4 g. All roadways, driveways, sidewalks, etc. to be paved should be completed 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, and 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. All PM10 mitigation measures required should be shown on grading and building plans. In addition, the contractor or builder should designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and finished grading of the area. Construction Permit Requirements Based on the information provided, we are unsure of the types of equipment that may be present during the project's construction phase. Portable equipment, 50 horsepower (hp) or greater, used during construction activities will require California statewide portable equipment registration (issued by the California Air Resources Board) or an APCD 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. For a more detailed listing, refer to page A-5 in the District's CEQA Handbook. • Power screens, conveyors, diesel engines, and/or crushers; • Portable generators and equipment with engines that are 50 hp or greater; • IC engines; • Rock and pavement crushing; • Tub grinders; and • Trommel screens. To minimize potential delays, prior to the start of the project, please contact the District's Engineering Division at (805) 781-5912 for specific information regarding permitting requirements. OPERATIONAL PHASE MITIGATION The APCD staff considered the operational impact of this development by comparing it against screening models within the APCD's Air Quality Handbook. This indicated that operational phase impacts will likely be less than the APCD's CEQA Tier I significance threshold value of 10 lbs of emissions per day. Therefore, with the exception of the requirements below, the APCD is not requiring other operational phase mitigation measures for this proiect. ITEM NUMBER DATE: 5-6-08 APCD Comments on Atascadero Water Recharge Ponds (PLN2007-1257) April 14, 2008 Page 4 of 4 Operational Permit Requirements Based on the information provided, we are unsure of the types of equipment that may be present at the site. Operational sources may require APCD permits. The following list is provided as a guide to equipment and operations that may have permitting requirements, but should not be viewed as exclusive. For a more detailed listing, refer to page A-5 in the District's CEQA Handbook. • Portable generators and equipment with engines that are 50 hp or greater; • Electrical generation plants or the use of standby generator; • Pipelines; • Public utility facilities; • Boilers; • IC Engines; • Cogeneration facilities; • Concrete batch plants; • Rock and pavement crushing; • Tub grinders; and • Trommel screens. To minimize potential delays, prior to the start of the proiect, please contact the District's Engineering Division at (805) 781-5912 for specific information regarding permitting requirements. Again, thank you for the opportunity to comment on this proposal. If you have any questions or comments, feel free to contact me at 781-5912. Sincerely, Andy Mutziger Air Quality Specialist AJM/sll cc: Mr. Mike Stephens Tim Fuhs, Enforcement Division, APCD Karen Brooks, Enforcement Division, APCD Gary Willey, Engineering Division, APCD Attachments: Naturally Occurring Asbestos — Construction & Grading Project Exemption Request Form, Construction & Grading Project Form h: \plan\cega\project_review\3421-1 \3421-1. doc Attachment 2: Letter and response to comments: APCD ITEM NUMBER DATE: 5-6-08 CITY OF ATASCADERO INITIAL STUDY RESPONSE TO COMMENTS FOR MITIGATED NEGATIVE DECLARATION #2008-0004 (CUP 2007-0221/PLN 2007-1257) Andy Mutziger, Air Pollution Control District, dated April 14, 2008 Comment #1: Naturally Occurring Asbestos Response: Staff has included the APCD mitigation measure regarding Naturally Occurring asbestos to the CEQA document. Mitigation Measure 3.b.3: Naturally Occurring Asbestos. 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 (A TCM) 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 APCD Enforcement Division at 781-5912. Comment #2: Developmental Burning Response: Mitigation Measure 3.b.2 was included in the original Mitigated Negative Declaration to address APCD requirements for developmental burning. No additional mitigation is necessary. ITEM NUMBER DATE: 5-6-08 Comment #3: Dust Control Response: Mitigation Measure 3.b.1 was included in the original Mitigated Negative Declaration. The existing Mitigation Measure states that 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. An additional mitigation measure shall be incorporated in order to explicitly note what these requirements entail, as requested by APCD. Mitigation Measure 3.b.4: Dust Control Measures. Construction activities can generate fugitive dust, which could be a nuisance to local residents and businesses in close proximity to the proposed construction site. Dust complaints could result in a violation of the APCD's 402 "Nuisance" Rule. This project is near potentially sensitive receptors and shall be conditioned to comply with all applicable Air Pollution Control District regulations pertaining to the control of fugitive dust (PM 10) as contained in section 6.5 of the Air Quality Handbook. All site grading and demolition plans noted shall list the following regulations: 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, of. Permanent dust control measures identified in the approved project revegetation 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 revegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD, g. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. 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, and 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. All PM10 mitigation measures required should be shown on grading and building plans. In addition, the contractor or builder should designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and finished grading of the area. ITEM NUMBER DATE: 5-6-08 Comment #4: Construction Permit Requirements Response: Staff has included the recommended mitigation measure to address APCD construction permit requirements. Mitigation Measure 3.b.5: Construction Permit Requirements. Portable equipment, 50 horsepower (hp) or greater, used during construction activities will require California statewide portable equipment registration (issued by the California Air Resources Board) or an APCD 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. For a more detailed listing, refer to page A-5 in the District's CEQA Handbook. • Power screens, conveyors, diesel engines, and/or crushers; • Portable generators and equipment with engines that are 50 hp or greater, • IC engines; • Rock and pavement crushing; • Tub grinders; and • Trommel screens. To minimize potential delays, prior to the start of the project, please contact the District's Engineering Division at (805) 781-5912 for specific information regarding permitting requirements. Comment #5: Operational Permit Requirements Response: Staff has included the recommended mitigation measure to address APCD operational permit requirements. Mitigation Measure 3.b.6: Operational Permit Requirements. Operational sources may require APCD permits. The following list is provided as a guide to equipment and operations that may have permitting requirements, but should not be viewed as exclusive. For a more detailed listing, refer to page A-5 in the District's CEQA Handbook. • Portable generators and equipment with engines that are 50 hp or greater, • Electrical generation plants or the use of standby generator; • Pipelines; • Public utility facilities; • Boilers; • IC Engines; • Cogeneration facilities; • Concrete batch plants; • Rock and pavement crushing; • Tub grinders; and • Trommel screens. To minimize potential delays, prior to the start of the project, please contact the District's Engineering Division at (805) 781-5912 for specific information regarding permitting requirements. ITEM NUMBER DATE: 5-6-08 Attachment 3: Letter and response to comments: Northern Chumash Tribal Council Northern Chumash Tribal %ouncil 11-- \iars..h 5treet,.S..ute..110 San Luis Obispo, California 93.401 805---3-0806 Callie Taylor City of Atascadero 6907 El Camino Real Atascadero, CA 93422 Re: PLN 2007-1257 Dear Callie: March 17, 2008 The Northern Chumash Tribal Council has reviewed the above referenced project and has found that the project is in a zone that has been known to be a Cultural Place and Sacred Site. A Phase I survey in this area will tell you little to nothing because of the movement of the River over many eons of time, a Phase II study must be done to insure that no surprises are encountered during excavation. Test trenches to the bottom depth of the ponds in each of the proposed ponds will reduce the chance of any accidental Cultural Resources impacts. A little extra work prevents the lost of Native American Cultural Resources and gives respect when excavation is in a potential sensitive zone. Because of the proximity to the creek it is a sensitive area and should be respected as such. The applicant and developer should known that Native Americans lived extensively through this area, and everyone needs to keep an eye open for Native American Cultural Resources, and treat them with respect. This excavation crew should be put through Native American Cultural Resources Construction Training. ITEM NUMBER DATE: 5-6-08 Page Two Letter to Atascadero 1275 Thank you for this consultation with the Northern Chumash Tribal Council, we look forward to working together to protect our Sacred Cultural Resource for everyone. Fred Collins Tribal Administrator Northern Chumash Tribal Council ITEM NUMBER DATE: 5-6-08 Attachment 3: Letter and response to comments: Northern Chumash Tribal Council CITY OF ATASCADERO INITIAL STUDY RESPONSE TO COMMENTS FOR MITIGATED NEGATIVE DECLARATION #2008-0004 (CUP 2007-0221/PLN 2007-1257) Fred Collins, Northern Chumash Tribal Council, dated March 17, 2008 Comment #1: A Phase I survey in this area will is not sufficient because of the movement of the River over time. A Phase II study must be done to insure that no surprises are encountered during excavation. Test trenches to the bottom depth of the ponds in each of the proposed ponds will reduce the chance of any accidental Cultural Resources impacts. Response: Staff has included the recommendations as a Mitigation Measure in the CEQA document. Mitigation Measure 5.d.2: A Phase 2 study shall be completed prior to building permit issuance. A qualified archeologist and a cultural resource monitor approved by the Native American Cultural Resource Board shall be present. Test trenches will be done to the bottom depth of the ponds in each of the proposed pond locations. ITEM NUMBER DATE: 5-6-08 Attachment 4: Letter and response to comments: Salinan Tribe woo•if6-www1:dllq :1ISIA 'uoi}ewJoJU! ajow poi Jatias xe} Aa 8WXVJ US Aq p9nia0@J sem xe} sigl Satinan URi6c OF Monrcucu and San Luis Obispo Counz-ics CoTxcmporzmiy Coundt cad C'eay percc 805.466.61158 April 18, 2008 Salinan 'Cuiba( Council City of Atascadero Community Development Department 6907 El Camino Real Atascadero, CA 93422 Attn: Callie Taylor, Associate Planner Fax 805-470-3449 Z rtadizaork�( Corind( .cad John l5urch 805.235.2730 Subject: Proposed Mitigated Negative Declaration PLN 2007-1257/CUP2007-0221 Dear Miss Taylor, After reviewing the Initial Study 2008-0004, Cultural Resource Section 5. We at this time can not approve of a negative declaration for this project. We believe the mitigation measures are inadequate and do not meet our tribal concerns_ The Salinan Tribe has continued to be involved in the Lakes project since it began in 1999. During that time we were able to document the rich history of the location. Along with examining many cultural items that were collected. During; Phase 11 testing and excavation for that project the remains of over 15 people were uncovered some of which had been disturbed before with the consturction of a water resivor in thel920's. Many of these burials were found in areas outside the main areas of concern for cultural resources. Many cultural deposits were found to be buried deep as flooding overtime by the Salinas River deposited layers of river sand, rock and soils over cultural deposits and burial areas. So cultural deposits are not always apparent on the surface, but may be buried particularly near waterways.The Salinan people were given their name because of their connection to the Salinas River. This has always been a major water way and sacred arca for the Salinan people. ITEM NUMBER DATE: 5-6-08 For these reasons we do not agree with DISCUSSION: 5.a.b_c_ We believe that further cultural resource studies shoed be required for this project. Starting with Phase II subsurface testing. We also strongly disagree with 5.d. We know of human remains in the vicinity of this project. The City of Atascadcro should have this confidential information of file along with a map showing these burial and reburial locations. We have this information on file along with Mr. Singer the Archaeologist that did the Lakes Project. If the City of Ataseadero is unable to locate this information we are willing to provide this information on request as long as it is kept strickly confidential. We feel Mitigation Measure 5.d.1, is inadequate, it only addresses the accidental discovery of human remains. We request that the following mitigation measures be included for this project. That a qualified archaeologist along with a cultural .resouse specialist from this Salinan 'TTribe be on site during all ground disturbance at the cost of the project owner. This would include any Phase II testing and excavation of any soils for this project. We would also request that no cultural soils leave the project site. That only non cultural soils be stock piled at the Atascadero Mutual Water Company's property on Sycamore Road. We look forward in working with the City concerning this project. You may contact us at 805- 460-9202 or online at salinantribe.com. or write us at 8315 Morro Road #202, Atascadero CA 93422. PattiDunton, Tribal Office Manager For: John Burch, Salinan Tribal Traditional Lead Cc: Native American Heritage Commission Attachment 4: Letter and response to comments: Salinan Tribe ITEM NUMBER: 5 DATE: 5-6-08 CITY OF ATASCADERO INITIAL STUDY RESPONSE TO COMMENTS FOR MITIGATED NEGATIVE DECLARATION #2008-0004 (CUP 2007-0221/PLN 2007-1257) Patti Dunton, Salinan Tribe, dated April 18, 2008 Comment #1: Further cultural resource studies should be required for this project, starting with a Phase II subsurface testing. Mitigation Measure 5.d.1 is inadequate due to the fact that it only addresses the accidental discovery of human remains. An additional mitigation measure should be included in the project. A qualified archeologist along with a cultural resource specialist form the Salinan Tribe shall be on site during all ground disturbance at the cost of the project owner. This would include any Phase II testing and excavation of soils for this project. No cultural soils shall be removed from the project site. Only non -cultural soils shall be stock piled at the Atascadero Mutual Water Company Site. Response: Additional Mitigation Measures have been incorporated in order to address the comments of the Salinan Tribe and clarify the process in event that remains are found on site. Mitigation Measure 5.d.2: A Phase 2 study shall be completed prior to building permit issuance. A qualified archeologist and a cultural resource monitor approved by the Native American Cultural Resource Board shall be present. Test trenches will be done to the bottom depth of the ponds in each of the proposed pond locations. Mitigation Measure 5.d.3: In the event that human remains are discovered, the project archeologist shall contact the Atascadero Police Department in addition to contacting the County Coroner. The Atascadero Community Development Department shall be notified. A representative from both the Chumash Tribe and the Salinan Tribe shall be notified and present during the excavation of any remains. Mitigation Measure 5.d.4 No cultural soils shall removed from the project site. Only non -cultural soils shall be stock piled at the Atascadero Mutual Water Company Site. ITEM NUMBER DATE: 5-6-08 Attachment 5: Draft Resolution PC 2008-0024 DRAFT RESOLUTION PC 2008-0024 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, CERTIFYING PROPOSED MITIGATED NEGATIVE DECLARATION 2008-0004 AND APPROVING PLN 2008-1257 ON APN 049-011-003 River Parcel Atascadero Mutual Water Company WHEREAS, an application has been received from Atascadero Mutual Water Company, P.O. Box 6075, Atascadero, CA 93423, (Owner and Applicant), to consider a project consisting of a Conditional Use Permit (CUP 2007-0221) for the phased construction of three water recharge ponds, with fill dirt to be located near well #4, located on the Salina River Parcel (APN 049-011-003); and, WHEREAS, the site's current General Plan Designation is Public (P); and, WHEREAS, the site's current zoning district is Public (P); and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2008-0004 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, Mitigations Measures 3.b.3 through 3.b.6 and 5.d.1 through 5.d.4 have been added to the Proposed Mitigated Negative Declaration in response to public comment. WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on May 6, 2008, studied and considered the Conditional Use Permit 2007- 0221, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, ITEM NUMBER: 5 DATE: 5-6-08 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: 5 DATE: 5-6-08 SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on May 6, 2008, resolved to approve the Conditional Use Permit 2007-0221 subject to the following: EXHIBIT A: Proposed Mitigated Negative Declaration EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan EXHIBIT D: Grading Plan EXHIBIT E: Pond Sections EXHIBIT F: Landscape Plan On motion by Commissioner , and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Roberta Fonzi Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER DATE: 5-6-08 EXHIBIT A: Proposed Mitigated Negative Declaration (CUP 2007-0221) See Following ITEM NUMBER DATE: 5-6-08 EXHIBIT B: Conditions of Approval (CUP 2007-0221) Conditions of Approval / Timing Responsibility Notes Mitigation Monitoring Program /Monitoring FM: Final Map PS: Planning Services BL: Business BS: Building Services License FD: Fire Department CUP 2007-0221 GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney a Ponds- All OccupancyRechar FO: Final Occupancy Planning Services 1. This Conditional Use Permit shall be for the installation for three BP PS recharge ponds and a fill area on parcel 049-011-003 (River Parcel), regardless of owner. 2. The approval of this use permit shall become final and effective for BP PS the purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to that date, an appeal to the decision is filed as set forth in Section 9- 1.111(b) of the Zoning Ordinance. 3. Approval of this Conditional Use Permit shall be valid for twenty- BP PS four (24) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the applicant has received a building permit or applied for an extension of entitlement. 4. Approval of this Conditional Use Permit shall be consistent with Ongoing PS Atascadero Municipal Code Zoning Ordinance. Any violations of the CUP shall be subject to review and reconsideration by the Planning Commission at a noticed public hearing. 5. The Community Development Department shall have the authority BP PS to approve minor changes to the project that address a construction design issue that is not substantive to the land use. 6. The property owner shall defend, indemnify, and hold harmless the Ongoing ALL City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the Conditional Use Permit. 7. The Atascadero Mutual Water Company shall provide public BP PS access on the river parcel for a public trail connection which leads from Chico Road (APN 049-022-038) to the project site. Public Access shall be provided to the De Anza Trail. Public Works Conditions ITEM NUMBER DATE: 5-6-08 Conditions of Approval / Timing Responsibility Notes Mitigation Monitoring Program /Monitoring FM: Final Map PS: Planning Services BL: Business BS: Building Services License FD: Fire Department CUP 2007-0221 GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Recharge Ponds; All g � Occupancy F0: Final Occupancy Mitigation Measures Mitigation Measure 1.c.1: The chain link fence shall be coated in a natural BP PS 1.0 color (brown or green) to blend with the surrounding landscape. The fence shall be no more than six feet in height. Mitigation Measure 1.c.2: A landscape buffer shall be installed along the BP PS 1.c.2 chain link fence. The buffer shall be of native plant material and shall be installed as described in the attached landscape plan. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP BS 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM - 10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. • Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATOM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If Naturally Occurring Asbestos (NOA) is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Should Naturally Occurring Asbestos be identified within the area of construction, and the worked area will be less than or equal to one acre, then the dust control measures identified below are required. If the disturbed area is greater than one acre, additional requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. ■ Dust Control Measures for Construction and Grading Operation Projects One Acre or Less: No person shall engage in any construction or grading operation on property where the area to be disturbed is one (1.0) acre or less unless all of the following dust mitigation measures are initiated at the start and maintained throughout the duration of the construction or grading activity: 1. Construction vehiclespeed at the work site must be limited to ITEM NUMBER DATE: 5-6-08 Conditions of Approval / Timing Responsibility Notes Mitigation Monitoring Program /Monitoring FM: Final Map PS: Planning Services BL: Business BS: Building Services License FD: Fire Department CUP 2007-0221 GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Recharge Ponds- All g � Occupancy F0: Final Occupancy fifteen (15) miles per hour or less; 2. Prior to any ground disturbance, sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; 3. Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; 4. Storage piles must be kept adequately wetted, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile; 5. Equipment must be washed down before moving from the property onto a paved public road; and 6. Visible track -out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four (24) hours. Mitigation Measure 3.b.2: Developmental burning of vegetative material is BP BS 3.b.2 prohibited. Under certain circumstances where no technically feasible alternatives are available, limited developmental burning under restrictions may be allowed. This requires prior application, payment of fee based on the size of the project, APCD approval, and issuance of a burn permit by the APCD and the local fire department authority. The applicant is required to furnish the APCD with the study of technical feasibility (which includes costs and other constraints) at the time of application. For any questions regarding these requirements, contact Karen Brooks of the Enforcement Division at 781-5912. Mitigation Measure 3.b.3: Naturally Occurring Asbestos. The project site is BP BS/PS 3.b.3 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 APCD Enforcement Division at 781-5912. ITEM NUMBER DATE: 5-6-08 Conditions of Approval / Mitigation Monitoring Program CUP 2007-0221 Recharge Ponds- All g � Timing FM: Final Map 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 Notes Mitigation Measure 3.b.4: Dust Control Measures. Construction activities BP BS/PS 3.b.4 can generate fugitive dust, which could be a nuisance to local residents and businesses in close proximity to the proposed construction site. Dust complaints could result in a violation of the APCD's 402 "Nuisance" Rule. This project is near potentially sensitive receptors and shall be conditioned to comply with all applicable Air Pollution Control District regulations pertaining to the control of fugitive dust (PM10) as contained in section 6.5 of the Air Quality Handbook. All site grading and demolition plans noted shall list the following regulations: I. Reduce the amount of the disturbed area where possible, m. 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, n. All dirt stock pile areas should be sprayed daily as needed, o. Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities, p. 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, q. All disturbed soil areas not subject to revegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD, r. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used, s. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site, t. 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, u. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site, and v. 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. All PM10 mitigation measures required should be shown on grading and building plans. In addition, the contractor or builder should designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and finished grading of the area. ITEM NUMBER DATE: 5-6-08 Conditions of Approval / Timing Responsibility Notes Mitigation Monitoring Program /Monitoring FM: Final Map PS: Planning Services BL: Business BS: Building Services License FD: Fire Department CUP 2007-0221 GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Recharge Ponds; AMWC g � occupancy F0: Final Occupancy Mitigation Measure 3.b.5: Construction Permit Requirements. Portable BP BS/PS 3.b.5 equipment, 50 horsepower (hp) or greater, used during construction activities will require California statewide portable equipment registration (issued by the California Air Resources Board) or an APCD 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. For a more detailed listing, refer to page A-5 in the District's CEQA Handbook. • Power screens, conveyors, diesel engines, and/or crushers; • Portable generators and equipment with engines that are 50 hp or greater; • IC engines; • Rock and pavement crushing; • Tub grinders; and • Trommel screens. To minimize potential delays, prior to the start of the project, please contact the District's Engineering Division at (805) 781-5912 for specific information regarding permitting requirements. Mitigation Measure 3.b.6: Operational Permit Requirements. Operational BP BS/PS 3.b.6 sources may require APCD permits. The following list is provided as a guide to equipment and operations that may have permitting requirements, but should not be viewed as exclusive. For a more detailed listing, refer to page A-5 in the District's CEQA Handbook. • Portable generators and equipment with engines that are 50 hp or greater; • Electrical generation plants or the use of standby generator; • Pipelines; • Public utility facilities; • Boilers; • IC Engines; • Cogeneration facilities; • Concrete batch plants; • Rock and pavement crushing; • Tub grinders; and • Trommel screens. To minimize potential delays, prior to the start of the project, please contact the District's Engineering Division at (805) 781-5912 for specific information regarding permitting requirements. Mitigation Measure 4.a.1: An environmental monitor shall be present during GP PS 4.a.1 primary grubbing and grading of the project areas. The environmental monitor shall have the authority to stop equipment if special status animals are found in the construction zone. Spadefoot toads, if encountered, shall be captured by hand and moved to an appropriate location well outside the project areas. If southwestern pond turtles are found in the project areas, ITEM NUMBER DATE: 5-6-08 Conditions of Approval / Timing Responsibility Notes Mitigation Monitoring Program /Monitoring FM: Final Map PS: Planning Services BL: Business BS: Building Services License FD: Fire Department CUP 2007-0221 GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Recharge Ponds- All g � Occupancy F0: Final Occupancy the turtles shall be moved to an appropriate location in the Salinas River by the on-site environmental monitor. Mitigation Measure 4.a.2: Presence or absence of the silvery legless lizard GP PS 4.a.2 shall be determined by pre -construction surveys within the project areas where ground disturbance will occur. The survey shall be conducted during the period of January through April when soil moisture is high and near the surface. The pre -construction survey shall be conducted by a qualified biologist familiar with legless lizard biology and survey methods. The scope of the survey shall be determined by a qualified biologist and shall be sufficient to determine presence or absence in the project areas. If legless lizards are found in the project areas during the pre -construction survey, CDFG shall be consulted regarding appropriate protection, relocation, and/or mitigation measures for this species. Mitigation Measure 4.a.3: Presence or absence of the Coast horned lizard GP PS 4.a.3 shall be determined by pre -construction surveys within the project areas where ground disturbance will occur. The survey should be conducted on foot by a qualified biologist during the peak activity period from April through September. The scope of the survey shall be determined by a qualified biologist and shall be sufficient to determine presence or absence in the project areas. The survey scope and methods of the survey shall be submitted to CDFG for review prior to implementation. If horned lizards are found in the project areas during the pre -construction surveys, CDFG shall be consulted regarding appropriate protection, relocation, and / or mitigation measures for the species. Mitigation Measure 4.b.1: An environmental monitor shall be present during GP PS 4.b.1 preliminary grubbing and grading, and during all vegetation removal. The monitor shall document compliance with all mitigation measures and compliance items for the project. The environmental monitor shall be qualified to move wildlife from the project as needed. Upon project completion, a final status report shall be prepared by the project biologist certifying that mitigation measures were implemented and the construction - related protection measures are no longer required. Mitigation Measure 4.b.2: Disturbance or vegetation removal in the riparian GP PS 4.b.2 habitat shall not exceed the limits approved by CDFG. Mitigation Measure 4.b.3: The limits of work within the riparian habitat shall GP PS 4.b.3 be designated on the construction plans. The designated work area shall be confined to the minimum area necessary to accomplish construction. The work area shall be established in the field with orange construction fencing. Vegetation shall not be removed or damaged outside the designated work area. Mitigation Measure 4.b.4: Riparian habitat impacts shall be mitigated by GP PS 4.b.4 enhancement of adjacent habitat. A riparian enhancement plan shall be prepared by a qualified biologist/restoration specialist. The plan shall specify areas to be enhanced, and shall prescribe nativespecies to be ITEM NUMBER DATE: 5-6-08 Conditions of Approval / Timing Responsibility Notes Mitigation Monitoring Program /Monitoring FM: Final Map PS: Planning Services BL: Business BS: Building Services License FD: Fire Department CUP 2007-0221 GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Recharge Ponds- AMWC g � Occupancy F0: Final Occupancy used, planting density, method, success criteria, and monitoring program. The riparian enhancement plan can be submitted to the CDFG as part of the streambed alteration agreement. The riparian enhancement plan shall be submitted to the City in conjunction with building permits. The plan shall be implemented prior to project final. Mitigation Measure 4.b.5: The plants to be used in the landscape plantings GP PS 4.b.5 shall be approved by the project biologist for compatibility with the native habitat. A letter from the project biologist shall be submitted with building permits to confirm that the appropriate plant species are being installed. Mitigation Measure 4.c.1: A Streambed Alteration Agreement application BP PS 4.c.1 shall be submitted to the California Department of Fish and Game. All mitigation measures required by the Department of Fish and Game shall be implemented during construction. Mitigation Measure 4.d.1: In accordance with the Migratory Bird Treaty Act GP PS 4.d.1 of 1918, the applicant shall contact the United States Fish and Wildlife Service (USFWS) for direction. The applicant shall provide copies of all correspondence with USFWS prior to issuance of grading/building permits and shall incorporate all recommended mitigation measures into the project design. Mitigation Measure 4.d.2: To avoid impacts to nesting birds, grading and GP PS 4.d.2 construction activities that affect trees and grasslands shall not be conducted during the breeding season from March 15 to August 15. If construction activities must be conducted during this period, nesting bird surveys shall take place within one week of habitat disturbance. If surveys do not locate nesting birds, construction activities may be conducted. If nesting birds are located, no construction activities shall occur within 100 feet of nests until chicks are fledged. Construction activities shall observe a 300 -foot buffer for active raptor nests. Mitigation Measure 4.d.3: If the nesting bird survey finds occupied nests of GP PS 4.d.3 special status birds, mitigation shall be implemented. All occupied nests of special status birds shall be mapped using GPS or survey equipment. The mapped locations shall be placed on a copy of the grading plans with a 500 - foot buffer indicated. Work shall not be allowed within the 500 foot buffer while the nest is in use. The buffer zone shall be delineated on the ground with orange construction fencing where it overlaps work areas. Occupied nests of special status bird species that are within 500 feet of project work areas shall be monitored twice monthly through the nesting season to document nest success and check for project compliance with buffer zones. Once nests are deemed inactive and /or chicks have fledged and are no longer dependent on the nest, work can commence. Mitigation Measure 4.d.4: All work shall be conducted on the proposed GP PS 4.d.4 project within daylight hours to prevent disturbing nocturnal animal movements. ITEM NUMBER DATE: 5-6-08 Conditions of Approval / Timing Responsibility Notes Mitigation Monitoring Program /Monitoring FM: Final Map PS: Planning Services BL: Business BS: Building Services License FD: Fire Department CUP 2007-0221 GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Recharge Ponds- All g � Occupancy F0: Final Occupancy Mitigation Measure 4.d.5: Permanent night lighting shall not be installed GP PS 4.d.5 around the ponds. Mitigation Measure 4.e.1: If there are changes to the project location which GP PS 4.e.1 would require impacts or removals of native trees, the applicant shall adhere to the guidelines outlined in the Atascadero Native Tree Ordinance, including Tree Removal Permits, Arborist Report, and tree protection fencing as required. Mitigation Measure 5.d.1: In the event of the accidental discovery or GP PS 5.b.1 recognition of any human remains, the following steps shall be taken: There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of the county in which the remains are discovered has been contacted to determine that no investigation of the cause of death is required, and to determine if the remains are of Native American heritage. If the remains are of Native American Heritage, the coroner shall contact the Native American Heritage Commission within 24 hours. Mitigation Measure 5.d.2: A Phase 2 study shall be completed prior to GP PS 5.b.2 building permit issuance. A qualified archeologist and a cultural resource monitor approved by the Native American Cultural Resource Board shall be present. Test trenches will be done to the bottom depth of the ponds in each of the proposed pond locations. Mitigation Measure 5.d.3: In the event that human remains are discovered, GP PS 5.b3 the project archeologist shall contact the Atascadero Police Department in addition to contacting the County Coroner. The Atascadero Community Development Department shall be notified. A representative from both the Chumash Tribe and the Salinan Tribe shall be notified and present during the excavation of any remains. Mitigation Measure 5A.4 No cultural soils shall removed from the project GP PS 5.b.4 site. Only non -cultural soils shall be stock piled at the Atascadero Mutual Water Company Site. Mitigation Measure 6.b.1: The fill dirt near well #4 shall be stabilized per the GP CE 6.b.1 requirements of the City Engineer. Building permits shall be obtained prior to any work on site. Mitigation Measure 8.c.d.h.1: The applicant shall obtain all necessary BP BS,PS,CE 8.c.d.h.1 permits from other jurisdictions, including FEMA and the Army Corps of Engineers, as required by those agencies, for the cut, fill, and fencing located in the floodway. BP BS,PS,CE 8.c.d.h.2 Mitigation Measure 8.c.d.h.2: The applicant shall submit certification by a registered professional engineer during building permit review, demonstrating that the proposed cut, fill, and fencing shall not result in any increase in flood levels during the occurrence of the base flood discharge. ITEM NUMBER DATE: 5-6-08 Conditions of Approval / Mitigation Monitoring Program CUP 2007-0221 Recharge Ponds- AMWC g � Timing FM: Final Map 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 Notes Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that BP BS,PS,CE 8.ef.1 all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop work orders. Mitigation Measure 11.d.1: All construction activities shall comply with the Ongoing BS/PS 11.d.1 City of Atascadero Noise Ordinance for hours of operation, and as follows: Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday 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 Planning Commission. A sign shall be posted on-site with the hours of construction and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. ITEM NUMBER: 5 DATE: 5-6-08 EXHIBIT C: Site Plan (CUP 2007-0221) 1999-LZ6 508) WoV�b LZ IS -8{Z (SOB) ftV, V0 'w14ou oaod -- -- - 80/Ol/l 8 alinS -'Hu uolwr SZL � nmm-i anm-anr n u�u N�3H� Ntlld ONZ p"rr'4d31'.: � � G1�1CIa�p09�]f7d _ 'ON19NAOAVN31SVW HINONV ANVdW00u31VMT/mnvy Ou30tl0Stlly SN06N3u vn °yt 6 Y Q 1� � o s p� Q 0 J�e 1. m Lu 0 Z m 1p m. ,01 �o �p8 m 6 3 F S C 008\0 Rig 110 3 � W 6_A34 s. 2k aOo,Y VTu � g a 9g a I / 8� a s ITEM NUMBER: 5 DATE: 5-6-08 EXHIBIT D: Grading Plan (CUP 2007-0221) sae-cza fsoe) waw w cz�c-ecz soe macsvs '•+w•a o•• Z a0/OL4 a On 'Pa uo/••q szc NO3N0 Ntlld ON2 _ _ NY1d •JNIOtlN•J , NIWll3Nd %@W ,9M�lpila _ £7I SNI9NRD3NpN3-voo HOWN V/Y AW -00 a31tlM WN V4 Oa30 WIV maw • aN06N3a vn S � R � O W �� p 3 7 � >dW no ��¢o�1zrc '0 3�E � S w A ,♦ o.x>u> o � `dei a � � ♦' X Q j`/? I • g�� / ���G m 8 • a i �1 �• Q a � ITEM NUMBER: 5 DATE: 5-6-08 EXHIBIT E: Pond Sections (CUP 2007-0221) 1598-LZB (5009 Wa/cn'b LZIC-6CZ (SOB) W "'C6 VJ '-IV-a °v°d i _ BO/Ol/I B .1M - 'VN --Mw SZL N�3H� Ntlld ONZ _ _ SNOIl'J3S dNOd p('/appp5�pdd"JnA� 'SNI 9N103NYJN31SV0O HI YON —JV/Y ANvdwooamvWvrunwoaaavosviv m'°"° sHoisln3a ssw �p9�$ e��ga {��aa — — gFIN3 im ifa3 0 2 z z Lu g z Y z-3 g z 3 W ` w w Id 6 y Y a 6 a 2 i e lit e e N th yip 1 fTiWi` lit lit it : 6 $ 6 ITEM NUMBER DATE: 560 EXHIBIT R Landscape man (CUP 2007-0221) 4 {„ , s-2 ------- )� mil .\ |$ _ . ------- , !------------ -«--- — �`�� �....... w x. . . .. . �\> � �