HomeMy WebLinkAboutPC_2008-06-17_AgendaPacketCITY OF ATASCADERO
PLANNING COMMISSION AGENDA
Regular Meeting
Tuesday, June 17, 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 Vacant
Commissioner O'Keefe
Commissioner Jack
Commissioner O'Grady
Commissioner Marks
Commissioner Heatherington
Chairperson will read the decorum guidelines
PLANNING COMMISSION BUSINESS
A. ADMINISTRATION OF OATH OF OFFICE
Marcia Torgerson, City Clerk, will administer the Oath of Office to new Planning
Commissioner, Heather Moreno.
B. SELECTION OF VICE CHAIRPERSON
The Commission will select a new Vice Chairperson.
APPROVAL OF AGENDA
PUBLIC COMMENT
(This portion of the meeting is reserved for persons wishing to address the Commission on any matter not
on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes.
Please state your name and address for the record before making your presentation. The Commission may
take action to direct the staff to place a matter of business on a future agenda)
City of Atascadero Planning Commission Agenda Regular Meeting, June 17, 2008
Page 2 of 7
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.
CONSENT CALENDAR
(All items on the consent calendar are considered to be routine and non -controversial by City Staff and will
be approved by one motion if no member of the Commission or public wishes to comment or ask questions.)
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON APRIL 15, 2008.
PUBLIC HEARINGS
(For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public
hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide
testimony to the Commission following the applicant. Speakers should state their name and address for the record and can address the
Commission for five minutes. After all public comments have been received, the public hearing will be closed, and the Commission
will discuss the item and take appropriate action(s).)
CONTINUED BUSINESS:
2. PLN 2008-1279 CONDITIONAL USE PERMIT FOR 9435 EL BORDO AVE.
Property
Alfred & Tamara Clark, 9535 Carmel Rd. Atascadero CA 93422
Owner/Applicant:
Project Title:
PLN 2008-1279 / Conditional Use Permit 2008-0226 Care Home
Project
9435 EI Bordo Ave., Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 030-442-009
Project
The proposed project consists of an application for a Conditional Use Permit to convert an
Description:
existing 3,550 sq. ft. residence to a residential care home. The care home is proposed for
a maximum of twelve people and shall be used for elderly care. There are no major
changes proposed for the property. Site improvements include landscaping and
modifications to the residence to comply with the occupancy requirements for a care
facility. The property is served by City sewer.
General Plan Designation: Single Family Residential (SFR -Z)
Zoning District: Residential Single Family (RSF-Z)
Proposed
Based on the Initial Study prepared for the project, a Negative Declaration is proposed. The
Environmental
proposed Negative Declaration is available for public review at 6907 EI Camino Real,
Determination:
Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday.
City of Atascadero Planning Commission Agenda
101 BLIAN CIIly 11101
Regular Meeting, June 17, 2008
Page 3 of 7
3. PLN 2008-1290, CUP AMENDMENT, 10630 W. FRONT ROAD CARE FACILITY
Property Owner:
Barbara Bell, 857 Leff Street, San Luis Obispo, CA 93401
Applicant:
William Vaughn, PO Box 554, Grover Beach, CA 93483
Project
Shirley Barratt, 2388 Lopez Dr., Arroyo Grande, CA 93420
Project Title:
PLN 2008-1290 / Amendment to CUP 2000-0004
Project
10630 W. Front Street, Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 045-353-007
Project
An application for a Conditional Use Permit Amendment is being processed in order to
Description:
correct the discrepancy between the previously approved Conditional Use Permit and the as -
Proposed
built structure. The current CUP Amendment does not propose a change of use or a change
Environmental
to the number of clients at the facility. The applicant is proposing a Residential Care Facility
Determination:
which would serve no more than (15) fifteen senior residents, consistent with the original
2000 Conditional Use Permit approval. The Amendment is being processed for review of the
size of the as -built building, a new landscape plan, revised fencing, and proposed signage.
General Plan Designation: Rural Estates (RE)
Zoning District: Residential Suburban (RS)
Proposed
Consistent with Certified Mitigated Negative Declaration 2000-037
Environmental
Determination:
4. PLN 2099-0305, AMENDMENT TO CUP 2004-0144,7095 EL CAMINO REAL
Property Owner:
Atascadero Enterprises, 2505 Theatre Drive, Paso Robles, CA 93446
Project Title:
PLN 2099-0305 / Amendment to Conditional Use Permit 2004-0144
Project
7095 EI Camino Real, Atascadero, CA 93422
Location-
(San Luis Obispo County) APN 030-081-046
Project
The proposed project consists of an Amendment to remove the front patio trellis and
Description:
modify the project signage.
General Plan Designation: GC
Zoning District: CR
Proposed
Consistent with previously certified Mitigated Negative Declaration
Environmental
Determination:
City of Atascadero Planning Commission Agenda
Regular Meeting, June 17, 2008
Page 4 of 7
5. PLN 2099-0012, AMENDMENT TO CONDITIONAL USE PERMIT 2002-0082,
CONEJO AND SAN RAMON RD.
Property Owner:
Colony Investments, LLC, 7305 Morro Road, Ste. 200, Atascadero CA 93422
Project Title:
PLN 2099-0012 / Amendment to CUP 2002-0082
Project
6140 Conejo Rd, 2225, 2215, 2205 San Ramon Rd., Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 049-193-029-032, 033, 034
Project
The proposed project consists of an amendment to the Master Plan of Development to
Description•
reduce the size of the units on 4 existing lots (Lots 51, 54, 55, and 56). Originally
Description:
approved floor plans and elevations will be used.
General Plan Designation: SFR -Y
Zoning District: RSF-Y
Proposed
Consistent with previously certified Mitigated Negative Declaration
Environmental
Categorical Exemption Class 32 Sec. 15332 (Infill Development) and Class 15 Sec. 15315
Determination:
(Construction or Conversion of Small Structures)
6. PLN 2007-1217, TENTATIVE PARCEL MAP FOR 7845 NAVAJOA AVE.
Property Owners:
Zachary & Michelle Missler, 1717 Singletree Ct., SLO, CA 93405
Truitt Vance, 6679 Morro Road, Atascadero, CA 93422
Project Title:
PLN 2007-1217 / Tentative Parcel Map 2007-0090
Project
7845 Navajoa Ave., Atascadero, CA 93422
Location•
(San Luis Obispo County) APN 031-183-004
Project
The proposed project consists of a Tentative Parcel Map to create three condominium lots
Description:
on multifamily parcel. All three units are proposed as new construction. The project will
connect to City sewer.
General Plan Designation: Medium Density Residential (MDR)
Zoning District: Residential Multifamily —10 (RMF -10)
Proposed
Categorical Exemption Class 32 Sec. 15332 (Infill Development) and Class 15 Sec. 15315
Environmental
(Construction or Conversion of Small Structures)
Determination:
City of Atascadero Planning Commission Agenda
Regular Meeting, June 17, 2008
Page 5 of 7
7. PLN 2008-1295, AMENDMENT TO CUP 1999-0002, 4800-4900 SAN PALO ROAD
Property Owner:
Gary Gramspacher, PO Box 841, Clayton, CA 94517
Applicant:
Manufactured Home Sales of Calif. Inc., Atascadero, CA
Project Title:
PLN 2008-1295 / Amendment to CUP 1999-0002
Project
4800, 4900 San Palo Road, Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 049-225-008
Project
The proposed project Amendment consists of application to add retail sales of
Description•
manufactured home and RV's as approved uses under the Conditional Use Permit.
Conditional Use Permit 1999-0002 was previously approved to allow auto sale and boat
sales on the lot.
General Plan Designation: General Commercial
Proposed
Zoning District: Commercial Tourist
Proposed
Class 1 Categorical Exemption — Existing facilities
Environmental
Determination:
8. PLN 2006-1160, TENTATIVE TRACT MAP, 7705 SANTA YSABEL AVE.
Property Owner:
Royce Construction & Development, Inc., 10780 Vista Road, Atascadero, CA 93422
Project Title:
PLN 2006-1160 / Tentative Tract Map 2006-0096
Project
7705 Santa Ysabel Ave, Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 030-101-042
Project
The project proposes a Tentative Tract Map to create four condominium units. There is
Description:
one existing residence which is proposed to be renovated. Three additional units are
proposed to be constructed at the back of the lot. All four units will share a common
driveway. The project is served by City sewer.
General Plan Designation: High Density Residential (HDR)
Zoning District: Residential Multifamily — 16 (RMF -16)
Proposed
Categorical Exemption Class 32 Sec. 15332 (Infill Development) and Class 15 Sec. 15315
Environmental
(Construction or Conversion of Small Structures)
Determination:
COMMUNITY DEVELOPMENT STAFF REPORTS
9. PLN 2007-1183, FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM
City of Atascadero Planning Commission Agenda
COMMISSIONER COMMENTS AND REPORTS
DIRECTOR'S REPORT
ADJOURNMENT
Regular Meeting, June 17, 2008
Page 6 of 7
The regular meeting of July 1, 2008 has been cancelled. The next regular meeting of the
Planning Commission will be on July 15, 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, June 17, 2008
Page 7 of 7
City of Atascadero
WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING
The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00
p.m., at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the
Commission in the order of the printed Agenda.
Copies of the staff reports or other documentation relating to each item of business referred to on the
Agenda are on file in the office of the Community Development Department and are available for public
inspection during City Hall Annex business hours at the Community Development counter and on our
website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero
Library, 6850 Morro Road. All documents submitted by the public during Commission meetings that are
either read into the record or referred to in their statement will be noted in the minutes and available for
review in the Community Development Department.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in
a City meeting or other services offered by this City, please contact the City Manager's Office, (805)
461-5000, or the City Clerk's Office, (805) 461-5000. Notification at least 48 hours prior to the meeting or
time when services are needed will assist the City staff in assuring that reasonable arrangements can be
made to provide accessibility to the meeting or service.
TO SPEAK ON AGENDA ITEMS
Members of the audience may speak on any item on the agenda. The Chairperson will identify the
subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will
announce when the public comment period is open and will request anyone interested to address the
Commission regarding the matter being considered to step up to the podium. If you wish to speak for,
against, or comment in any way:
• You must approach the podium and be recognized by the Chairperson
• Give your name and address (not required)
• Make your statement
• All comments should be made to the Chairperson and Commission
• All comments limited to 3 minutes (unless changed by the Commission)
• No one may speak for a second time until everyone wishing to speak has had an opportunity
to do so, and no one may speak more than twice on any item.
If you wish to use a computer presentation to support your comments, you must notify the Community
Development Department at least 24 hours prior to the meeting. Access to hook up your laptop to the
City's projector will be provided. You are required to submit to the Recording Secretary a printed copy
of your presentation for the record. Please check in with the Chairperson before the meeting begins to
announce your presence and turn in the printed copy.
The Chairperson will announce when the public comment period is closed, and thereafter, no further
public comments will be heard by the Council.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, "PUBLIC HEARINGS", the Chairperson will call for anyone from the audience having
business with the Commission to:
• Please approach the podium and be recognized
• Give your name and address (not required)
• State the nature of your business
This is the time items not on the Agenda may be brought to the Commission's attention. A maximum of
30 minutes will be allowed for Community Forum (unless changed by the Commission).
CALL TO ORDER
ITEM NUMBER: 1
DATE: 6-17-08
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT MINUTES
Regular Meeting
Tuesday, April 15, 2008 — 7:00 P.M.
Chairperson Fonzi called the meeting to order at 7:00 p.m. and Vice Chairperson Slane
led the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Heatherington, Jack, Marks, O'Grady, O'Keefe,
Vice Chairperson Slane and Chairperson Fonzi
Absent: None
Staff Present: Community Development Director Warren Frace, Deputy
Community Development Director Steve McHarris, Public Works
Director / City Engineer Steve Kahn, Senior Planner Kelly Gleason,
and Administrative Assistant Annette Manier.
APPROVAL OF AGENDA
MOTION: By Commissioner O'Keefe and seconded by Commissioner
Jack to approve the agenda.
Motion passed 7:0 by a roll -call vote.
PLANNING COMMISSION BUSINESS
None
PC Draft Minutes 04/15/08
Page 1 of 8
DISCLOSURE OF EX PARTE COMMUNICATIONS:
■ Commissioner Marks stated he visited the Tunitas property for Item #3.
PUBLIC COMMENT
None
Chairperson Fonzi closed the Public Comment period.
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON MARCH 18, 2008.
2. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON APRIL 1, 2008.
3. APPROVAL OF TIME EXTENSION ON TENTATIVE PARCEL MAP 2003-0040,
5516 TUNITAS AVE., (MAVERICK CONSTRUCTION/THINGER)
Items pulled: Commissioner O'Grady, Item #1 and Item #3
Item #1 — MINUTES OF MARCH 18, 2008
Commissioner O'Grady stated he would like to add the following to his existing
comments in the minutes of March 18th regarding the Rite Aid project: "Commissioner
O'Grady expressed his concern about the maintenance of the existing driveways along
EI Camino that do not meet current separation standards and pose a significant safety
hazard to the public."
MOTION: By Commissioner Marks and seconded by Commissioner
Heatherington to approve Item #1.
Motion passed 7:0 by a roll -call vote.
Item #3 — TIME EXTENSION ON TPM 2003-0040
Commissioner O'Grady asked staff why the project is being continued, and what the
forecast for the project is.
Associate Planner Callie Taylor explained that the project has recently gone through
foreclosure.
PC Draft Minutes 04/15/08
Page 2 of 8
PUBLIC COMMENT
Brian Cowen, 524 Princeton, San Luis Obispo, representing the project, spoke about
the project and answered questions of the Commission.
Chairperson Fonzi closed the Public Comment period.
Commissioner O'Keefe remarked that although she had previously voted for this
project, she did not realize what the impacts would be based on the information she was
given, in addition she has received some complaints about the way the project has been
proceeding, and she would like to see some changes. She said she is not in favor of
approving the extension.
Vice Chairperson Slane stated that he believes the applicant should be allowed to ask
for an extension and is supportive of the extension.
Commissioner Jack indicated he understands the current tough times, knows the
foreclosure process can take time, and is supportive of the extension.
Commissioner O'Grady stated he has no familiarity with the project but it has been 41/2
years since the project was approved. He doesn't feel he could vote for the extension,
and asked staff what the consequences would be if the extension were not approved.
Callie Taylor explained that the applicant could still build the houses as designed, but
they wouldn't all be separate parcels as the planned development had approved. If the
time extension gets denied, the applicant would have to come back with new
entitlements.
Commissioner Heatherington asked if the Commission is required by law to approve the
extension. Associate Planner Callie Taylor answered no.
Chairperson Fonzi asked if there was an affordable housing unit. Associate Planner
Callie Taylor said no, only in lieu fees.
Community Development Director Warren Frace explained the status of the project as a
whole and indicated that if one of the entitlement pieces goes away, it may compromise
the integrity of the project and lengthen the amount of time to complete the project.
Staff is concerned about the site becoming a neighborhood nuisance.
Commissioner Marks said that a substantial amount of work has been done on the site.
MOTION: By Commissioner Jack and seconded by Vice Chairperson
Slane to approve Item #3.
Motion passed 4:2:1 by a roll -call vote. (O'Keefe,
Heatherington opposed, O'Grady abstained)
PC Draft Minutes 04/15/08
Page 3 of 8
COMMUNITY DEVELOPMENT STAFF REPORTS
PUBLIC HEARINGS
4. PLN 2008-1273, RITE AID DEVELOPMENT, 7045, 7055 EL CAMINO REAL
Property Owner:
Epsteen and Associates, 5034 Carpinteria Ave, Carpinteria, CA 93013
Project Title:
PLN 2008-1273 — Rite-Aid Development
Project
7045, 7055 EI Camino Real, Atascadero, CA 93422
Location:
APN 030-081-037, 041 (San Luis Obispo County)
Project
The proposed project consists of an application for a Conditional Use Permit (CUP) to
Description:
allow a new 17,340 square -foot Rite Aid development with drive-through pharmacy
and remodel of an existing 21,500 square -foot retail building. The Conditional Use
Permit will establish a Master Plan of Development for the site that will include all site
development and architectural standards for the project site. The proposed new
building and existing building are located within an existing shopping center at the
intersection of EI Camino Real and Highway 41 (Morro Road). The project takes
access off of EI Camino Real and Highway 41. No native trees are proposed for
removal.
General Plan Designation: General Commercial (GC)
Zoning District: Commercial Retail (CR)
Proposed
Based on the initial study prepared for the project, a Mitigated Negative Declaration is
Environmental
proposed. The proposed Mitigated Negative Declaration is available for public review
Determination:
at 6907 EI Camino Real, Community Development Department, from 8:00 a.m. to 5:00
p.m., Monday through Friday.
Senior Planner Kelly Gleason provided the staff report and answered questions of the
Commission.
Public Works Director/City Engineer Steve Kahn answered questions relating to the
pedestrian corridor/route into the shopping center.
Thom Jess, Arris Studio Architects, applicant's representative, spoke about the original
proposal compared to the new proposal. He discussed the changes made to the
architecture, signage, retaining wall, landscape feature, trash enclosure, and driveways.
Mr. Jess answered questions of the Commission.
Mike Heishima, co -applicant, said that any significant changes to the project now would
risk the entire project and asked the Commission to support the project.
PC Draft Minutes 04/15/08
Page 4 of 8
PUBLIC COMMENT
Len Colamarino expressed concern with the number of drive-through's at this location
and the implications for the City's image. He stated that the City needs policies and
standards for this type of development.
Joanne Main, President/CEO Atascadero Chamber of Commerce, commented that this
was a huge improvement to the project and the applicant has done an admirable job
with what the Commission has requested. She believes this will compliment Colony
Square and be a plus for the City's gateway.
Chairperson Fonzi closed the Public Comment period.
Senior Planner Kelly Gleason addressed issues raised during the Public Comment
period.
Director Kahn addressed the issue of ingresses and egresses on the frontage, and
stated that Caltrans is in favor of a center median.
MOTION: By Commissioner Jack and seconded by Commissioner O'Keefe to
adopt Resolution PC 2008-0018 certifying proposed Mitigated
Negative Declaration 2008-0003 and approve a Master Plan of
Development, CUP 2008-0223 for a new 17,340 square -foot retail
building with a drive-through pharmacy and remodel of an existing
21,500 square foot retail building at 7055 EI Camino Real based on
findings and subject to Conditions of Approval and mitigation
monitoring.
Commissioner Marks suggested adding a condition to include a sign in the drive-
through section that would ask people to shut their engines off with additional verbiage,
approved by the City Council, explaining why this request is being made.
There was Commission discussion regarding Commissioner Marks' suggestion.
Commissioner Heatherington said that a drive-through would have to be offset by other
major improvements for her to support it, which she cannot do at this time.
Commissioner O'Grady spoke about the pressure the Commission has been under from
the developer and the Chamber CEO to accept the project "as is", but that the
Commission believed the project could be better and he appreciated the applicants'
response to the Commission's original concerns. He read from Finding #3 and cited it
as the reason why he cannot support the project.
Chairperson Fonzi stated she appreciated the actions of the applicant in cooperating
with the wishes of the Commission, and that the new Rite Aid building would add a very
nice clean appearance to the City, and allow the existing building to be remodeled for a
PC Draft Minutes 04/15/08
Page 5 of 8
new tenant, adding revenues to the City, which is struggling with a lack of sales tax
revenue at this time.
Senior Planner Kelly Gleason stated that a standard "no idling sign" condition has been
added to the project.
MOTION: By Commissioner Jack and seconded by Commissioner
O'Keefe to adopt Resolution PC 2008-0018 certifying proposed
Mitigated Negative Declaration 2008-0003 and approve a
Master Plan of Development, CUP 2008-0223 for a new 17,340
square foot retail building with a drive-through pharmacy and
remodel of an existing 21,500 square foot retail building at
7055 EI Camino Real based on findings and subject to
Conditions of Approval and Mitigation Monitoring, and
including the modifications as proposed by staff.
Motion passed 4:3 by a roll -call vote. (Heatherington, O'Grady
Marks opposed)
Chairperson Fonzi recessed the hearing at 8:20 p.m.
Chairperson Fonzi called the meeting back to order at 8:25 p.m.
NEW BUSINESS:
5. PLN 2099-0904, 6901, 6905 EL CAMINO REAL, 6999 SANTA YSABEL AVE.,
COLONY SQUARE CUP 2004-0127 AND TTM 2005-0071 AMENDMENT
Property Owner•
James Harrison, Colony Square LLC, 205 E. Camarillo, Ste. 220, Santa Barbara, CA
93101
Project Title:
PLN 2099-0904, Amendment to CUP 2004-0127 & TTM 2005-0071
Project Location:
6901 & 6905 EI Camino Real, 6999 Santa Ysabel Ave., Atascadero, CA 93422
APN 029-361-018, 020, 022 (San Luis Obispo County)
Project
The proposed project consists of an Amendment to the lot configuration for Tentative
Description:
Tract Map 2005-0071 (Colony Square.) The proposed Amendment would create
separate lots over the roads and parking areas throughout the site. Modifications to the
project conditions of the Tentative Tract Map and the Conditional Use Permit are
proposed. The Master Plan of Development on the site would remain as originally
approved.
General Plan Designation: General Commercial (GC)
Zoning District: Commercial Retail (CR)
Proposed
Environmental
Consistent with Certified Mitigated Negative Declaration 2005-0020
Determination:
PC Draft Minutes 04/15/08
Page 6 of 8
Associate Planner Callie Taylor provided the staff report and answered questions of the
Commission.
Public Works Director/City Engineer Steve Kahn answered questions about the
pedestrian bridge, the property to be acquired from AUSD, the Atascadero Historical
Society lease revision, and the realignment of driveways on EI Camino Real to allow
safe vehicular movement.
Robert Winslow, EDA Design Professionals, 1998 Santa Barbara Street, SLO,
applicant's representative, gave a history of the project including the residential aspect
of the project and the liabilities it involves. He explained why they changed the number
of lots, and that by approving the project, the Commission would not be changing the
conditions for the most part, but changing the timing so they can move to occupancy,
get a final map recorded, and get a building built. Mr. Winslow answered questions of
the Commission.
Jim Harrison, project owner, addressed the Commission.
PUBLIC COMMENT
Steve Martin, Executive Director Atascadero Main Street, spoke in support of the project
and requested the Commission approve the Amendment.
Chairperson Fonzi closed the Public Comment period.
Commissioner O'Grady suggested a change to the language of item No. 27 on page 76
to read as follows: "The applicant shall cooperate, a-nd provide, and not restrict any
needed access to this property in regard to all public improvements and maintenance
that may need to be installed by the city fronting or adjacent to this property."
all 31I [0016]►yi I LTA 14►111
Robert Winslow stated they would have no objection to the requested change to Item
No. 27.
Chairperson Fonzi closed the Public Comment period.
MOTION: By Commissioner O'Keefe and seconded by Commissioner
Heatherington to adopt Resolution PC 2008-0022 approving an
amendment to Vesting Tentative Tract Map 2005-0071 based
on findings and subject to Conditions of Approval and
Mitigation Monitoring and adopt Resolution PC 2008-0023
approving an amendment to Conditional Use Permit 2004-0127
Master Plan of Development Condition amendment based on
findings and subject to Conditions of Approval and mitigation
monitoring, with the change to Item No. 27 to read: "The
PC Draft Minutes 04/15/08
Page 7 of 8
applicant shall cooperate, a -ad provide, and not restrict any
needed access to this property in regard to all public
improvements and maintenance that may need to be installed
by the city fronting or adjacent to this property."
Motion passed 7:0 by a roll -call vote.
COMMISSIONER COMMENTS AND REPORTS
6. AIR POLLUTION CONTROL DISTRICT (APCD) PRESENTATION
The Air Pollution Control District will make a presentation regarding
environmental impacts related to drive-through commercial uses.
Andy Mutziger, APCD, provided the report and answered questions of the Commission.
DIRECTOR'S REPORT
Community Development Director Warren Frace reported that the RDA Forum would be
addressing the update of the Redevelopment Plan, that a Joint Housing Study Session
will be held on April 29th, and spoke about the Regional Water Quality Control Board
and the plans they are currently updating.
ADJOURNMENT
Chairperson Fonzi adjourned the meeting at 10:00 p.m. to the next regularly scheduled
meeting of the Planning Commission on May 6, 2008.
►yiIIkiIII:"UN4:7_104111 Yfi
Annette Manier, Administrative Assistant
Grace Pucci, Recording Secretary
\\Cityhall\cdvlpmnt\— PC Minutes\PC Minutes 08\PC Draft Minutes 04-15-08 (2)gp.doc
PC Draft Minutes 04/15/08
Page 8 of 8
ITEM NUMBER: 2
DATE: 6-17-08
Atascadero Planning Commission
Staff Report - Community Development Department
Callie Taylor, Associate Planner, 470-3448, ctaylor@atascadero.org
PLN 2008-1279
Conditional Use Permit 2008-0226
Residential Care Facility Use
9435 EI Bordo Avenue
(Clark)
SUBJECT:
The proposed project consists of an application to allow a Residential Care Facility for
12 people in an existing residence located at 9435 EI Bordo Avenue.
RECOMMENDATION:
Staff Recommends Planning Commission:
Adopt Resolution PC 2008-0028 certifying Proposed Negative Declaration 2008-0010
and approving PLN 2008-1279 (Conditional Use Permit 2008-0226) based on findings
and subject to conditions of approval.
Situation and Facts
1. Owner/Applicant: Alfred and Tamara Kay Clark
9535 Carmel Rd. Atascadero, CA 93422
2. Co -Applicant: Diana Bishop (805) 610-7861
9220 Mountain View Dr. Atascadero, CA 93422
3. Project Address: 9435 EI Bordo Ave., Atascadero, CA 93422
(San Luis Obispo County) APN 030-442-009
4. General Plan Designation: Single -Family Residential (SFR -Z)
5. Zoning District: Residential Single -Family (RSF-Z)
6. Site Area: 0.93 acres net
7. Existing Use: Residential Care Facility — 12 clients maximum
8. Environmental Status: Negative Declaration 2008-0010, posted May 15, 2008
DISCUSSION:
Background
aging Land Use and Setting:
Recreation (REC)
Residential Single Family (RSF-Z)
Residential Single Family (RSF-Z)
Recreation (REC)
The proposed project consists of a request to establish a Residential Care Facility
serving 12 clients at 9435 EI Bordo Avenue. The co -applicant, Diana Bishop, currently
operates two care homes within San Luis Obispo County. Rolling Hills Residential Care
is a six -bed elderly care home located in Paso Robles. The Lakeside Guest Home is a
10 -bed elderly care home currently located at 9220 Mountain View Dr. The applicant is
proposing to relocate the Lakeside Care home to the new facility at 9435 EI Bordo. The
proposed project site at 9435 EI Bordo is zoned Residential Single -Family (RSF-Z),
which allows for residential care facilities that serve six clients or more with the approval
of a Conditional Use Permit.
The proposed project was presented to the Planning Commission at the previous
meeting on June 3, 2008. At that meeting, the applicant requested to waive or modify
several conditions identified in the draft resolution. The Planning Commission
continued the item to the next agenda to allow staff to analyze the following items:
1. Building and Fire Conditions:
2. Parking / Frontage Improvements: and
3. Landscape Conditions.
ANALYSIS:
The proposed project consists of an application for a Conditional Use Permit to convert
an existing 3,550 sq. ft. residence to a residential care home. The care home is
proposed for a maximum of 12 people and shall be used for elderly care. No additions
or major site changes are proposed with the new care home use. Site improvements
will be limited to new landscaping and modifications to the residence to comply with the
occupancy requirements for a care facility. The property is served by City sewer.
Buildina and Fire Conditions
Upgrades to the existing residence are required in order to meet the occupancy
requirements to establish a care facility. Conditions have been included in the attached
resolution to ensure that occupancy requirements are met. An automatic fire sprinkler
system, fire alarm system, and smoke alarms shall be installed, consistent with the
requirements for the change in occupancy.
At the previous meeting, the Planning Commission requested that staff look into the
occupancy requirement for non-ambulatory clients. Building services staff has revised
project condition #6 to allow up to six non-ambulatory clients at the twelve person care
home.
The Fire Department has reviewed the site and has determined that there is adequate
emergency access. A fire truck turn around area is located at the top of the driveway at
the side of the residence. The Fire Department will have adequate clearance to serve
the facility.
Parking / Frontage Improvements
The site includes an existing area which will be used for resident, visitor, and employee
parking. The parking area will be required to be striped and landscaped. The area
accommodates six standard parking spaces, or four to five standard spaces plus one
handicap space. The Atascadero Municipal Code states that parking for residential
care facilities shall be determined through the Conditional Use Permit process. It is
staff's opinion that the proposed parking spaces will be adequate for a 12 -bed care
facility. Adequate access is provided to the site off of EI Bordo.
At the previous meeting the applicant requested that the condition for slurry seal of the
road frontage be removed. The City Engineer has confirmed the slurry seal of the road
is required for maintenance and upkeep of the road. The condition requiring slurry seal
is included in the attached draft resolution for approval.
Landscaping Conditions
At the previous meeting the applicant requested that the Planning Commission waive or
modify several landscape conditions. The landscape conditions (Conditions 7 - 10) are
included in the attached draft resolution.
Section 9-4.125 of the Zoning Ordinance states that where Conditional Use Permit
approval is required, the Planning Commission may waive, modify or increase the
landscaping requirements of the section if a finding can be made that existing
vegetation topography or structural arrangement preclude the need for landscaping.
Staff is recommending that the landscape upgrades are required prior to opening the
care home. However, if the Commission can make the finding that there is not a need
for the code -required landscaping, the landscape conditions, from which the applicant is
requesting relief, can be waived or modified.
Staff has also required that the trash enclosure next to the parking area be constructed
of split block masonry material rather than wood (Condition 11). Split face block would
match the material of the retaining wall next to the parking area and would be much
more durable than a wood trash enclosure. Staff does not recommend waiving this
condition.
Summary of Landscape Conditions:
Chain link fencing to be
screened with evergreen
landscaping.
Applicant requests to remove
condition to plant landscaping in
backyard
Street trees shall be planted
along EI Bordo right-of-way
(30 foot on center)
Applicant requests to remove
requirement for street trees along
El Bordo.
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5 -foot landscape planter along side property line
on front of parking area.
Trash enclosure made of split Shade trees shall be provided around parking
face block
area.
Trash enclosure screened with Landscaped area next to parking (6 -foot wide)
landscaping
Applicant requested trash enclosure Applicant requests to reduce the required side
to be made out of wood, not landscaping to three feet between the parking area
masonry. and the property line
General Plan Consistency
The proposed project is consistent with the following General Plan Housing Element
Policy:
Goal HOS 1: Promote diverse and high quality housing opportunities to meet the needs
of all segments of the community.
In staff's opinion the proposed 12 -client Residential Care Facility is consistent with the
surrounding neighborhood and will not create significant impacts to neighborhood traffic.
The proposed project provides increased housing opportunities for seniors.
Environmental Determination
A Draft Negative Declaration was circulated to public agencies and interested members
of the public on May 15, 2008. A finding is proposed that this project would not have a
significant effect on the environment. Staff is recommending that the Planning
Commission certify Proposed Mitigated Negative Declaration 2008-0010.
Conclusion
The proposed project is a request to allow a 12 -bed Residential Care Home in an
existing residence at 9435 EI Bordo. The proposed project will not create substantial
impacts to the surrounding neighborhood and/or environment. The use is compatible
with the surrounding residential and open space uses and will provide an increase in
opportunities to elderly persons requiring an additional level of care.
ALTERNATIVES:
1. The Commission may recommend modifications to the project and/or conditions
of approval for the project.
2. The Commission may determine that more information is needed on some
aspect of the project and may refer the item back to the applicant and staff to
develop the additional information. The Commission should clearly state the type
of information that is required and move to continue the item to a future date.
3. The Commission may deny the project. The parcel would retain its designation
of Residential Suburban and would be allowed to continue to operate with a
maximum of six clients. The Commission should specify the reasons for denial
of the project and make an associated finding with such action.
ATTACHMENTS:
Attachment 1: Location Map, General Plan and Zoning
Attachment 2: Letter from Owner; Request to Waive Requirements
Attachment 3: Draft Resolution PC 2008-0028
Attachment 1: Location Map, General Plan and Zoning
Zoning: Residential Single -Family (RSF-Z)
General Plan Designation: _ Single -Family Residential (SFR -Z)
Attachment 2: Letter from Owner: Request to Waive Landscape and Frontage Improvements
5/19/08
City of Atascadero
Planning Entitlement Review Process
Community Development Department / Public Works
RE: Re -submittal: PLN -2008-1279
Exceptions to Conditional Use regmts.
9435 El Bordo Ave.
Atascadero Ca. 93422
Callie & Planning Commissioners:
The intent of this letter is to clarify some of the requirements for this
Conditional Use Permit. Please consider my requests.
Thanks
Alfred Clark
Property Owner
(805)466-7214
Clarifications & Comments:
Landscape Plan Clarifications:
1. Landscape at the parking area to be limited to 3'-0" width at wooden fence. Also the
landscape area in t he parking area shall be installed in planter boxes.
2. Street Trees along El Bordo Avenue are not in character with the neighborhood. Trees
along street to be omitted, area to have low shrubs planted.
3. Backyard to have lawn with no additional planting. Planted shrubs and plants are a
hazard to the residents. No additional planting along east chain link fence.
4. Trash Enclosure to be made out of wood not masonry.
Public Works Clarifications:
1. Please exempt me from the requirement to slurry seal El Bordo Avenue. This is
additional cost that is excessive and would close access to the Park and Golf Course.
ATTACHMENT 3: Draft Resolution PC 2008-0028
DRAFT RESOLUTION PC 2008-0028
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO APPROVING PLN 2008-1279
CONDITIONAL USE PERMIT 2008-0226, A REQUEST TO ESTABLISH A
12 -CLIENT RESIDENTIAL CARE FACILITY LOCATED AT
9435 EL BORDO
APN 030-442-009
(Clark)
WHEREAS, an application has been received from Alfred and Tamara Kay Clark,
9535 Carmel Rd. Atascadero, CA 93422 (Owners and Applicants) and Diana Bishop, 9220
Mountain View Dr., Atascadero, CA 93422 (Co -Applicant) to consider the establishment of a
12 -client Residential Care Facility at the site of an existing residence at 9435 El Bordo. (APN
030-442-009); and,
WHEREAS, the site's current General Plan Designation is Single -Family Residential
(SFR -Z); and,
WHEREAS, the site's current zoning district is Residential Single -Family (RSF-Z));
and,
WHEREAS, Residential Care Facilities serving 12 or more clients is a Conditional Use
in the RSF-Z Zone; and,
WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2008-0010
were prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional
Use Permit application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said application; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on June 17, 2008 studied and considered the PLN 2008-1279; and,
NOW, THEREFORE, the Planning Commission of the City of Atascadero 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.
SECTION 2. Findings for approval of Conditional Use. The Planning Commission
finds as follows:
1. The proposed project or use is consistent with the General Plan and the City's
Appearance Review Manual; and,
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance); and,
3. The establishment, and subsequent operation or conduct of the use will not, because
of the circumstances and conditions applied in the particular case, be detrimental to
the health, safety, or welfare of the general public or persons residing or working in
the neighborhood of the use, or be detrimental or injurious to property or
improvements in the vicinity of the use; and,
4. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development; and,
5. That the proposed use or project will not generate a volume of traffic beyond the safe
capacity of all roads providing access to the project, either existing or to be improved
in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular
session assembled on June 17, 2008 resolved to approve the PLN 2008-1279 subject to the
following:
EXHIBIT A:
Negative Declaration 2008-0010
EXHIBIT B:
Conditions of Approval
EXHIBIT C:
Site Plan
EXHIBIT D:
Landscape Plan
EXHIBIT E:
Floor Plan
EXHIBIT F:
Signage
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: Negative Declaration 2008-0010
PLN 2008-1279
See Following
EXHIBIT B: Conditions of Approval
PLN 2008-1279/CUP 2008-0226
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning
BL: Business License
Services
BS: Building
9435 EI Bordo Ave.
GP: Grading Permit
Services
PLN 2008-1279/CUP 2008-0226
BP: Building Permit
FI: Final Inspection
FD: Fire Department
PD: Police
TO: Temporary
Department
Occupancy
CE: City Engineer
FO: Final Occupancy
WW: Wastewater
FM: Final Map
CA: City Attorney
Planning Services
1. This Conditional Use Permit shall be for a 12 -bed Residential Care
BP/ BL
PS
Facility for elderly care located at 9435 EI Bordo Ave. (APN 030-442-
009) regardless of owner.
2. The approval of this use permit shall become final and effective for the
BP/ BL
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/ BL
PS, CE
approve the following minor changes to the project that (1) modify the site
plan project by less than 10%, (2) result in a superior site design or
appearance, and/or (3) address a construction design issue that is not
substantive to the Master Plan of Development.
4. Approval of this Conditional Use Permit shall be valid for twelve (12)
BP/ BL
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 or business license.
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. Parking area will be striped. A minimum of six standard parking spaces,
BP/ BL
PS
or four standard and one handicap space, shall be provided.
7. Landscaping: A minimum of ten percent (10%) of the interior of all
BP/ BL
PS
parking lots shall be landscaped, in addition to any perimeter
landscaping required. Shade trees are to be provided at
approximately thirty- (30) foot intervals along parking rows. Landscape
fingers shall be a minimum of six (6) feet wide and be provided every
eight (8) parking spaces.
8. Parking lots that abut a residential zone shall be separated from such
BP/ BL
PS
property by a landscaping strip with a minimum width of five (5) feet
and a six- (6) foot high solid fence or wall. A five-foot landscape strip
is required along the side property lines.
9. Street trees shall be provided along all public and private street
BP/ BL
PS
frontages at a minimum of thirty (30) feet on center.
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning
BL: Business License
Services
BS: Building
9435 EI Bordo Ave.
GP: Grading Permit
Services
PLN 2008-1279/CUP 2008-0226
BP: Building Permit
FI: Final Inspection
FD: Fire Department
PD: Police
TO: Temporary
Department
Occupancy
CE: City Engineer
F0: Final Occupancy
WW: Wastewater
FM: Final Map
CA: City Attorney
10. All chain link fencing must be screened by landscaping.
BP/ BL
PS
11. The trash enclosure shall be made of masonry, such as split face
BP/ BL
PS
block (not wood.) Trash enclosures shall be screened with landscaping
unless built into the building.
12. Signage shall be consistent with the Exhibit E.
BP/ BL
PS
Building & Fire Division Conditions
13. A fire turn around area will be maintained at the side of the residence
adjacent to the parking area (see Exhibit C.)
14. The facility shall meet or exceed all standards as required by the CBC
Ongoing
BS
and any superseding local ordinances related to building safety and/or
fire codes and regulations.
15. An automatic fire sprinkler system shall be provided pursuant to the most
BP/ BL
BS
current Code requirements.
16. An approved manual and automatic fire alarm system shall be installed
BP/ BL
BS
pursuant to the most current Code requirements.
17. Smoke alarms shall be installed pursuant to the most current Code
BP/ BL
BS
requirements.
18. Facilities which house a person who is hearing impaired shall be provided
BP/ BL
BS
with notification appliances in accordance with the current Code
requirements.
19. A building permit shall be obtained for the occupancy change from an R-3
BP/ BL
BS
to an R-4.
20. The facility shall not house more than six non-ambulatory clients.
BP/ BL
BS
21. All applicable accessibility requirements shall be provided.
BP/ BL
BS
Public Works Project Conditions
22. Per municipal code section 9-4.160, the developer shall slurry seal EI
BP/ BL
CE
Bordo Avenue across the frontage of the property to a width of 1/2 the
roadway plus 10'.
23. Prior to issuance of a building permit, new sewer fees will be assessed
BP
CE
based on the change in use of the building.
EXHIBIT C: Site Plan
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Fire turn
around area
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EXHIBIT D: Landscape Plan
LANDSCAPEARRIGATION NUTES:
1. DOUGHT TOLERANT GROUND COVER & LOW SHRUBS (TIMED
DRIPPED IRRIGATION)
2. (E) LAVENDER, ROSES, DAISEYS (TIMED DRIPPED IRRIGATION)
3. (E) NATIVE LOW SHURBS (NO IRRIGATION REQUIRED)
4. (E) LAWN "TALL FESCU" (TIMED IRRIGATION)
5. (E) DAISEYS "EURYOPS", YELLOW EYED GRASS (TIMED
DRIPPED IRRIGATION)
5. (E) ASPHALT DRIVEWAY
7. (E) CHAIN LINK FENCE 5'-0" HT. (PROVIDE LOW SHRUBS)
8. (E) WOOD FENCE 6'-0" HT.
9. (E) RESIDENCE
10. (E) SEGGO PALM (NO IRRIGATION REQUIRED)
11. (E) PAPAS GRASS BUSH (NO IRRIGATION REQUIRED)
12. (E) DEODAR CEDAR TREE (EVERGREEN DROUGHT TOLERANT)
13. (E) TEXAS UMBRELLA TREE (NO IRRIGATION REQUIRED)
14. (E) PLUM TREE (NO IRRIGATION REQUIRED)
15. (E) APPROCOTE TREE (NO IRRIGATION REQUIRED)
16. (E) MASONARY WALL 4'-0" HT.
17. (E) LIQUID AMBER TREE (NO IRRIGATION REQUIRED)
18. (E) WHITE OAK (NO IRRIGATION REQUIRED)
19. (E) ASPHALT DRIVEWAY
20. TRASH ENCLOSURE (MASONARY CONSTRUCTION)
PROVIDE LANDSCAPE SCREEN
21. LOW SHRUBS - DROUGHT TOLERANT WALKING AREA
22. SIGNAGE W/ADDRESS
23. 5'-0" LANDSCAPE STRIP W/STREET TREES @ 30'-0" O.C.
24. STREET TREES 30'-0" O.C.
EXHIBIT E: Floor Plan
PLN 2008-1279/CUP 2008-0226
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9435 El Bordo Avenue
EXHIBIT F: Signage
PLN 2008-1279/CUP 2008-0226
LAKESIDE
Guest Hama
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ITEM NUMBER: 3
DATE: 6-17-08
Atascadero Planning Commission
Staff Report - Community Development Department
Callie Taylor, Associate Planner, 470-3448, ctaylor@atascadero.org
PLN 2008-1290
Amendment to Conditional Use Permit 2000-0004
15 -Client Residential Care Facility
10630 West Front
(Hurst Financial / Vaughn / Barratt)
SUBJECT:
In November 2000, the Planning Commission approved a 15 -bed, 6,480 +/- square foot
Residential Care Facility. The structure was constructed at 7,652 square feet and has
not received a building final to allow occupancy of the Residential Care Facility. A
Conditional Use Permit Amendment is being processed in order to correct the
inconsistencies between the CUP and the as -built facility, and to review a new
landscape, fencing, and signage plan.
RECOMMENDATION:
Staff Recommends Planning Commission:
Adopt Resolution PC 2008-0031 approving PLN 2008-1290 (Amendment to Conditional
Use Permit 2000-0004) based on findings and subject to conditions of approval.
DISCUSSION:
Background
Situation and Facts
1. Owner Barbara Bell c/o Hurst Financial
PO Box 2191, Atascadero, CA 93423
2. Applicant: William Vaughn, PO Box 554, Grover Beach, CA
93483
Shirley Barratt, 2388 Lopez Dr., Arroyo Grande, CA
93420
3. Project Address: 10630 West Front, Atascadero, CA 93422
(San Luis Obispo County) APN 045-353-007
4. General Plan Designation: Rural Estate (RE)
5. Zoning District: Residential Suburban (RS)
6. Site Area: 2.53 acres
7. Existing Use: Vacant building; not finaled
8. Environmental Status: Consistent with Mitigated Negative Declaration
2000-037, Certified November 21, 2000
o s
Surrounding Land Use and Setting:
East: Highway 101)
West: Residential Suburban (RS)
. 5 North: Residential Suburban (RS)
''� South: Residential Suburban RS
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10630 West Front
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In November 2000, the Planning Commission approved a 15 -bed, 6,480 +/-sq. ft.
Residential Care Facility. The Planning Commission resolution included several
conditions to modify the site plan and architectural elevations of the project (see
Attachment 4). In January of 2003, a building permit was issued for the construction of
the Residential Care Facility. The structure was permitted and constructed at 7,652 sq.
ft. The building has not yet been completed and has not received a building final to
allow occupancy.
The unfinaled building has gone into escrow several times over the past few years.
Two separate Amendment applications were submitted for Drug and Alcohol
Rehabilitation Centers which were proposed to be located at the facility. The most
recent of these applications, submitted on November 29, 2007, proposed to change the
approved use of the Residential Care Facility to a 36 -bed Drug and Alcohol Treatment
Center, with additional site buildings and facilities. A Neighborhood Information Meeting
was held on February 7, 2008 so that the neighbors in the area could receive
information regarding the proposed change in use. The application for the Drug and
Alcohol Treatment Center was withdrawn on April 21, 2008. A Drug and Alcohol
Treatment facility is no longer proposed at this location.
At the February 7th neighborhood meeting, the neighbors expressed concern about the
Drug and Alcohol Treatment Center, and also had questions about the outstanding
issues with the existing as -built structure which has never been occupied. The
application for the Drug and Alcohol Treatment Center was withdrawn, however, the
inconsistencies between the existing as -built structure and the approved Conditional
Use Permit were identified as an unresolved item. The City Attorney has recommended
processing a CUP Amendment to create consistency between the existing as -built
facility and the approved Conditional Use Permit.
ANALYSIS:
A new application for a Conditional Use Permit Amendment was submitted on May 9,
2008 to correct the discrepancy between the previously approved Conditional Use
Permit and the as -built structure. The current CUP Amendment does not propose a
change of use or a change to the number of clients at the facility. The property has
gone into escrow with a new buyer who intends to use the facility for its originally
approved use. The new applicant is proposing a Residential Care Facility which would
serve no more than fifteen (15) senior residents, consistent with the original 2000
Conditional Use Permit approval. The Amendment is being processed to amend the
size of the as -built building, consistent with the square footage of the approved building
permits. A new landscape plan, revised fencing, and updated project signage is also
proposed. The applicant will be required to complete the building and landscaping and
obtain a building final prior to occupancy of the existing structure.
A neighborhood meeting for the current project was held on May 29, 2008 in the City
Hall Council Chambers. Staff followed up on the questions raised at the previous
February 7th neighborhood meeting, and reviewed the current CUP Amendment with
the neighborhood.
As -Built Structure Size
CUP 2000-0004 was approved by the Planning Commission in 2000 for a 6,480 +/-
square -foot building. The approved size of the structure was noted on the first page of
the PC resolution and on Exhibit B (site plan.) In 2003, building permits were issued for
a 7,652 square -foot building, which is 1,172 square feet (18%) larger than approved by
Planning Commission. Condition #3 of the original project resolution allows staff to
approve changes in size up to 10%. Therefore, staff could approve an additional 648
square feet or 7,128 square feet total size, without returning to Planning Commission.
The actual as -built building is 524 square feet over the maximum allowed CUP size
(7%).
Based on information in the building files, and information provided by the project
architect, the size of the building was increased in order to meet "ADA" requirements for
disabled access throughout the building. The number of rooms was not increased from
the original CUP 2000-0004 project; the facility was approved and constructed as a 15-
bed facility. However, all of the bathrooms and hallways in the structure were widened
to meet access requirements. With 16 bathrooms and over 200 feet of hallways, it
appears that the additional 1,172 square feet was required in order to design a building
which would meet building code accessibility requirements. It appears the size increase
resulted from Building Division corrections.
Photos: Existing As -built Facility
Bathrooms had to be enlarged to provide ADA access
Accessible turnaround required
60 -inch diameter open area required
16 bathrooms total
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Proposed Elevations (As -built Facility)
CUP 2000-0004 Conditions
The original CUP 2000-0004 project approval included numerous conditions regarding
the design of the elevations and the site plan of the projects. At the original project
hearing on November 21, 2000, there was extensive discussion about the project site
design and elevations (see Attachment 4, PC hearing minutes.) Rather than sending
the project back for redesign, the Planning Commission approved the 15 -bed
Residential Care Facility subject to conditions directing staff to revise the project
elevations.
The neighbors near the project site have expressed concern that the conditions were
not enforced during building permit review and during construction (see Attachment 7,
Correspondence with neighbors.) Staff has researched these concerns and addressed
these issues.
■ Condition added by PC: "The applicant shall work with staff to relocate the parking
area and reduce the number of parking spaces to ten. (Exhibit F and F1)."
The circulation on site was revised during building permit review. The original CUP had
a circular driveway which caused concerns with the Planning Commission. To meet
Planning Commission's condition, the loop driveway was eliminated and the parking
area was reduced. The current applicant has proposed a new striping plan in the
parking lot which includes eight standard parking spaces and two handicap spaces,
consistent with the PC condition.
■ Condition added by PC: "The landscape plan shall be revised to show a hedge
feature along the Highway 101 property frontage. (Exhibit F and F1)."
Trees were installed along the Highway 101 frontage on the property line, and the
existing landscape does not meet this condition. The proposed Amendment includes a
revised landscape plan which proposes to leave the perimeter landscapes as is, and
add additional landscape towards the center and the front of the site. This condition is
proposed to be removed with this Amendment.
■ Condition added by PC: "The applicant shall work with staff to modify the color
and materials of the exterior of the house to include a combination of materials,
including stucco, lap -siding and brick. (Exhibit D and E)."
The majority of the existing structure is finished in stucco, and there is wood siding on
one elevation. Brick was not used on the building. Staff is recommending the
Commission approve the current elevation without brick.
■ Condition #9: "The parking area shall be paved with concrete curbs on the
perimeter. Curbs shall also be provided along landscaped areas within the
parking lot and internal driveways."
The parking area was paved with asphalt, however, curbs were not installed around the
parking lot. The proposed Amendment would remove the condition to install curbs.
■ Condition #14: "A trash enclosure will be constructed of decorative masonry
materials and have solid metal gates. The perimeter of all such facilities shall be
landscaped when visible to the public."
The existing trash enclosure was constructed of wood and does not meet this condition.
The applicant will be required to meet the original condition prior to final of the building.
The applicant has provided a detail of the trash enclosure which would be installed (see
Exhibit D in the attached draft resolution). Staff has included condition #11 in the draft
resolution which requires the enclosure to be constructed out of either split face block or
CMU block covered in stucco.
The neighbor's have also expressed concern that the size of the covered porch, the
pitch of the roof, the addition of clearstory windows on the roof, and the size of the
sliding glass doors on the bedrooms as not consistent with the exhibits in the original
project resolution. The elevations were changed for design purposes during the
construction permitting process. The total height of the building was increased from
approximately 20 feet to 26'/2 feet with the addition of the clearstory windows.
Dimensions were not identified on the original concept elevations, however, a
comparison of the concept to the as -built plans reflects approximately a 6foot difference
in height.
The original CUP was submitted by Carl Jorgerson and Todd Swenson who were the
applicants (Kelly Gearhart was the property owner.) The applicants provided rather
vague conceptual elevations during the Conditional Use Permit review. The Planning
Commission conditioned several changes, which added to the ambiguity of the design
of the approved facility. The project was later purchased by a new owner, David
Graves, who designed a slightly different building. Due to the vague elevations and
open-ended project conditions, it was not possible to precisely "match" the architectural
renderings. If the Planning Commission approves the proposed project Amendment,
the building would be approved as currently constructed.
Another item raised by the neighbors in the attached letter is regarding Alzheimer's care
at the facility. A building permit was issued in 2004 to add upgrades to the building to
meet building code requirements for Alzheimer's care. The current applicant is not
proposing Alzheimer's care. An Amendment to the Conditional Use Permit would be
required in the future if Alzheimer's care was ever proposed at this facility.
The current CUP Amendment is being proposed to create consistency between the
CUP and what was constructed on-site. The original project conditions have been
revised in order to reflect the existing design and site plan of the as -built Residential
Care Facility. Any discrepancies would be cleared by approval of the new proposed
resolution. The applicant would be required to meet the revised conditions, and
complete the construction and landscape prior to building final.
Landscape and Fencina Plan
The applicant has provided a new landscape plan and fencing plan with this
Amendment. A five-foot wrought iron fence is proposed around the facility. The fence
would be located closer to the building, enclosing a smaller yard area. New
landscaping including 15 -gallon native trees, would be installed around the perimeter of
the new fence. New landscaping would be done in front of the facility. Shade trees are
provided throughout the parking lot. Areas outside the new fence would be left with
native grasses.
Signage
The original project resolution included a condition regarding the signage on-site:
Condition # 10 (2000 resolution): "All signage shall be exteriorly illuminated. A single
wall sign of 20 square feet of sign area maximum, scaled to the building, will be
permitted with individual letters mounted below the roof feature. Any future
monument sign shall be architecturally compatible with the residential care facility
and limited to 20 square feet of sign area and 6 -feet in overall height. The monument
sign shall include the site address and have ornamental landscaping at its base. The
applicant shall submit a separate application for the sign permit. No freeway oriented
signs will be permitted. "
The current applicant is proposing one new monument sign as part of this Amendment.
The applicant is proposing to modify the original condition and install a 5 -foot by 10 -foot
sign, attached to stucco posts with a total height of ten feet. It is staff's opinion that a
monument sign of this size would be out of scale for the residential neighborhood. A
condition has been included in the attached resolution which would limit the size of the
sign to 20 square feet of sign area and 6 feet in overall height, consistent with the
original project approval. The sign shall be designed with a decorative base and shall
be compatible with the building design (Condition #8, attached draft PC resolution.).
Traffic / Access Easement
The Residential Care Facility was originally designed and approved to take access off of
an existing access easement which was recorded in 1999. The road serves two
residences in addition to the care facility. The neighbors have expressed concern
regarding the traffic which would result from the care facility. Letters regarding the
access easement are provided as Attachment 7 of this report for additional background
on this correspondence between staff and the neighbors.
The applicant has provided information regarding the traffic and number of trips which
would result from the care facility:
Daily # trips
Two shifts of two caregivers (7am-3pm, 3pm-11 pm) 8
1 shift of one caregiver (11 pm-7am) 2
1 shift for Supervisor/manager 2
Errands, outings, dr. visits, and misc trips (assume 3) 6
Total Daily Trips 18
Weekly
Visitors (assume 1 visit/client/week) 30
Vendors, contractors, deliveries, potential client visits 10
Total Weekly Trip 40
Monthly trips 700 (350 in 350 out)
The number of trips resulting from the care facility averages approximately 24 trips per
day. A single family residence produces an average of 10 trips per day. Based on this
information, staff has included a condition which would divide the maintenance of the
road based on the percentage of trips to each property. The care facility would be
responsible for 54% of the maintenance costs of the road. Each of the residences
which use the road would be responsible for 23% of the maintenance costs (see
Condition #12, draft resolution.)
Summary of trips on private access easement:
Address
Use
# Trips per day
% of total trips on private
access easement
10610 West Front
Single family residence
10 trips per day
23%
10620 West Front
Single family residence
10 trips per day
23%
10630 West Front
Residential Care Home
(15 clients)
24 trips per day
46%
44 total trips per day
100% total
General Plan Consistency
The proposed project is consistent with the following General Plan Housing Element
Policy:
Goal HOS 1: Promote diverse and high quality housing opportunities to meet the needs
of all segments of the community.
In staff's opinion the proposed 15 -client Residential Care Facility is consistent with the
surrounding neighborhood and will not create significant impacts to neighborhood traffic.
The Fire Department has reviewed the site and has determined that there is adequate
emergency access. The project provides increased housing opportunities for seniors.
Environmental Determination
A Mitigated Negative Declaration was completed for the project in 2000. A finding was
proposed that this project would not have a significant effect on the environment with
the incorporation of the mitigation measures. The document was certified by the
Planning Commission on November 21, 2000. The proposed project Amendment is
consistent with the findings identified in the original Mitigated Negative Declaration.
Conclusion
The proposed project Amendment is a request to allow changes to the previously
approved 15 -bed Residential Care Facility at 10630 West Front. No changes to the
approved use or number of clients are proposed. A new landscape and fencing plan
and new monument sign are proposed. If approved, the Amendment would create
consistency between the approved Conditional Use Permit and the existing as -built
structure. The project conditions, as well as the landscape and building requirements
would be required to be completed prior to occupancy of the Residential Care Facility.
ALTERNATIVES:
1. The Commission may recommend modifications to the project and/or
conditions of approval for the project.
2. The Commission may determine that more information is needed on some
aspect of the project and may refer the item back to the applicant and staff to
develop the additional information. The Commission should clearly state the
type of information that is required and move to continue the item to a future
date
3. The Commission may deny the project. The Commission shall specify the
reasons for denial of the project and make an associated finding with such
action.
ATTACHMENTS:
Attachment 1:
Location Map, General Plan and Zoning
Attachment 2:
Certified Mitigated Negative Declaration 2000-037
Attachment 3:
Original CUP 2000-0004 Staff Report (Nov. 2000)
Attachment 4:
Resolution PC 2000-059 (CUP 2000-0004)
Attachment 5:
Minutes: PC Hearing Nov. 21, 2000
Attachment 6:
Letter from Applicant; Project Description
Attachment 7:
Correspondence with Neighbors
Attachment 8:
Draft Resolution PC 2008-0031
Attachment 1: Location Map, General Plan and Zoning
ZoninjZ: Residential Suburban (RS)
General Plan Designation: Rural Estate (RE)
Attachment 2: Certified Mitigated Negative Declaration 2000-037
See Following
Attachment 3: Original CUP 2000-0004 Staff Report (Nov. 2000)
See Following
Attachment 4: Resolution PC 2000-059
Original CUP 2000-0004 Resolution
See Following
Attachment 5: Minutes: PC Hearing Nov. 21, 2000
See Following
Attachment 6: Letter from Applicant; Project Description
-Xiigleside Assisted Living Incorporated -.-
Preferred Location - 10630 West Front Street
Atascadero, California
Planned Use and Services Offered
• Group/individual games and board games, puzzles, arts and crafts, and from Lime
to time in house live entertainment from local performers and volunteer groups.
• Special areas within the facility to stimulate personal reading, and prerecorded
listening, an area to stimulate conversation, and still another area for wide screen
TV entertainment and electronic games.
• Wireless internet throughout the facility and cable connected, flat screen, wall
mounted TV in each room.
• In room telephone service. Per vendor invoice. (wired connections available in
each room)
Respite care when bedrooms are available.
• Delivery of personal mail sent to facility address.
• A range of health care professionals offering medical care such as RNs, LVNs,
therapists and counselors, locally available and brought into the facility on a
temporary/short term basis to deliver services not offered or available through
Ingleside. (These services must not conflict with Title 22 and are normally
provided only after consultation with state regulators. Billed directly to client by
the service provider).
The company will target market our services to the elderly with the following health and
physical limitations:
• Diabetics with the ability to self inject.
• Mild dementia or cognitive impairment
• Incontinence - bladder or bowel
• Incapable of transfer requiring special lifting devices
• Blind or Deaf
• Skin disorder such as skin tear, bed sores (stage 1 or 2)
If the Planning Commission approves this Conditional Use Permit Ingleside Assisted
Living Inc. will proceed with the property purchase. A Small Business Administration
loan has been approved and the closing process will quickly press forward. The company
plan is to source all products and services locally, creating goodwill and stimulating the
local economy (as small as our contribution may be).
Once the company can show ownership of the facility we can apply to the state for a
license to operate the RCFE. The approval process takes approximately three months.
During this time the company will initiate all the work to satisfy the CUP and apply for
the local business licenses. All the contractor work required to satisfy the CUP and the
state regulations has been locally sourced and we look forward to initializing the work.
Attachment 6: Letter from Applicant; Project Description
rtIgleside Assisted Living Incorporated --
Preferred Location - 10630 West Front Street
Atascadero, California
Planned Use and Services Offered
Ingleside Assisted Living Incorporated was recently created specifically to operated and
manage the above property. The company plan is to utilize the building for its original
intended purpose; a Residential Care Facility for the Elderly (RCFE). This type of
facility is regulated by the State under Title 22 of the California code of Regulations.
Generally, only persons over the age of 60 may reside in such a facility but in reality, the
typical age group is over 75, which is our target age group.
We will provide a full range of services to ensure our clients maintain, or even improve
their quality of life. High end non medical services will be tailored to each individual but
in general, the company will offer:
• A properly trained compliment of personal care professionals, onsite 24 hours a
day and 365 days a year. Personal care professionals will deliver a predefined
care plan specific for each client. Minimum training will include medication
management, dementia and mild cognitive impairment, identifying and reporting
of elder abuse, first aid and CPR. Other training may be initiated to better care for
specialized client needs.
• Assistance with daily living activities (as needed) such as personal grooming,
dressing, showering, toileting etc. All common personal grooming supplies will
be provided; soap, shampoo, deodorant, shaving cream, razor, mouth wash, etc.
• Home cooked meals and a variety of snacks. Our meals will be freshly cooked
each day on-site by our very own cook in a well equipped commercial kitchen.
Special care will be made to meet the unique palate and dietary needs of each
client. Clients will be offered fluids throughout the day, snacks twice a day, and
three hot meals.
• Medication Management - All medication will be centrally stored, properly
labeled, inventoried, recorded, reordered, controlled, and administered to clients
by qualified staff. In summary, regulatory and industry protocol will be strictly_
followed.
• Coordination of activities between family members/friends/volunteers, personal
physicians and other health care professionals and service agencies to ensure
quality of life and prescribed medical care compliance.
• Careful monitoring of food and fluid intake. Many elder health complications
such as urinary track infection, dehydration, and impaction, can be avoided with
proper intake. While the staff cannot force feed or coerce clients to eat and drink
we can monitor intake and bowel movements and alert family members and
healthcare professionals before complications arise.
• Personal transports for healthcare appointments. In the absence of a family
member the driver/companion will record all care instructions, and care options
offered, for communication to the family and for care plan modification.
• A daily exercise program professionally designed to increase blood circulation
and maintain use of joints, muscles and limbs.
• Assistance with mobility and transferring.
• Onsite massage therapy
• Laundry and housekeeping.
• Activities such as outings to local performing arts, picnics, special events,
shopping, or local attractions etc.
Attachment 7: Correspondence with Neighbors: Letter #1
GLEN A. LEWIS
A PROFESSIONAL LAW CORPORATION
5855 CAPISTRANO AVENUE
POST OrrICE SOX 1980
FACSIMILE ATASCADERO, CALIFORN" 93423
18051 486-8647 TELEPHONE 1605) 466-5644
March 4, 2008
Atascadero City Council Members:
George Luna
Tom O'Malley
Jerry Clay, Jr.
Ellen Beraud
Mile Brennler
Subject: 10630 West Front Street (Parcel 2 of Parcel Map 99-190
Dear Council Members:
C -MAIL ADDRESS
prlewlscorpopacbsll. net
This letter- is presented on behalf of Mr. Eddie Sapien (residence: 10620 West Front St.) and
David Garibay (residence: 10610 West Front St.) concerning the above described property. My
clients met with the City officials at a meeting at the Pavilion at the Lake on February 7, 2008 to
discuss the project and the proposal for the new Drug Rehabilitation Center. At that meeting,
Warren Frace promised my clients to look into the issues that are referred to below in this letter
but to date, my clients have heard nothing back from him or anyone else from the City and have
knowledge that the sale of the property is going forward. Because of this lack of response from
the City, this letter is now being presented to each of you.
My clients believe that the structure as it has been built to date has been constructed contrary to
the Planning Connnission Report requirements of November 21, 2000. In the staff report of
11/21/2000, the residence was to be a 6,480 sq. ft. project with a maximum variance of less than
10% in size. The actual construction is approximately 7,685 sq. ft. and an additional 650 sq. ft. of
covered porch area. Even without considering the covered porch area, the structure exceeds the
approval requirement by almost 6%. Additionally, the parking lot was suppose to be located in
the back of the building facing the highway to avoid extra traffic in the area. Instead, it was
located along the private driveway that the property owner has no legal right to use, thus
increasing the noise and activity level of the residential area.
In looking at the architectural rendering, the present building on the project does not look like the
approved architectural rendering. There is a top placed on the structure (not in the original
rendering) that blocks the view of my clients which was never in the proposal.
Of utmost concern is that the City allowed the construction to go on without verifying whether or
not the property owner had legal access to the property down the private access road that crosses
Parcel l of Parcel Map 99-190. My clients have found no legal access for the property owner to
use the private driveway, yet the only way to access the parking lot is to drive down the driveway
and into the parking lot. The lack of a legal access violates the rights of my clients and no
Attachment 7: Correspondence with Neighbors: Letter #1
Atascadero City Council Members
March 4, 2008
Page 2
construction should ever be allowed if no legal access exists to permit such a project.
The original approval was for a 15 bed residential center. We understand that if the property
sells, that there is being proposed a drug rehabilitation center with up to 36 beds. Also proposed
is a swimming pool, basketball court and other recreational amenities. This will increase the noise
level in the area. Also, visitors to the center will increase the amount of people to be accessing
this location. This is a residential area, not a commercial area and a drug rehabilitation center
needs to be located in a commercial area. The privacy of the neighborhood needs to be left intact
and this will not happen if the new proposed center goes in. Contrary to item 4 of the Corrunission
report of 11/21/2000, "the proposed use will (NOT) be inconsistent with the character of the
immediate neighborhood or contrary to its orderly development".
For the foregoing reasons, my clients request that the project be declared in violation of the
original requirements of the Planning Commission Decision of November 21, 2000 and that the
approval for the project be revoked forthwith.
I am attaching a copy of the Planning Commission Staff Report of 11/21/2000 and a copy of the
Planning Commission's Decision of the same date.
Very Truly Yours,
GLEN R. LEWIS
GRUII
enclosures
cc: City Attorney
Warren Frace
Attachment 7: Correspondence with Neighbors: Staff Response: Letter #1
�T
CITY OF A'TASCADERO
C COMMUNITY DEVELOPMENT DEPARTMENT
Memorandum
Date: March 17, 2008
To: Wade McKinney
CC: Jim Lewis, Marcia Torgerson, Brian Pierik
From: Warren Frace 1'0",il
Subject, Response to Glen Lewis' March 4, 2008 Letter
Staff has reviewed Mr. Lewis' March 0 letter and has prepared the following responses
to the issues raised.
i. Staff promised to respond to issues raised at the February 7, 2008, neighborhood
meeting.
Following the neighborhood meeting, staff advised the applicant that the issues
raised at the neighborhood meeting needed to be addressed by the project
application. Staff has not received a response to the issues raised at the meeting
and does not have any new information regarding the project to share with the
public. Prior to a Planning Commission hearing, the project application will need
to be revised to respond to many issues that have been raised by staff and the
public. A CEQA document will also be prepared and publically circulated.
2. The building was constructed larger than stated in the November 21, 2000,
conditional use permit (CUP).
Staff is aware the building was constructed larger than provided for in the CUP.
While the building was built for 15 beds as required by the CUP, it was built to
7,685 square feet rather than the 6,480 square feet listed on Exhibit B on the
CUP. Staff had the authority to approve buildings in excess of 10% of the CUP
square footage, but the structure exceeds the CUP size by approximately 16%.
The building was submitted by David Graves and plan checked in 2002 and
issued in 2003. It appears the additional square footage was missed during the
plan check review process. Staff is reviewing this issue with the City Attorney to
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6907 EL CAMINO REAL - ATASCADERO, CA 93422 + (845) 461-5000 + FAX 461-7612
Attachment 7: Correspondence with Neighbors: Staff Response: Letter #1
CITY OF ATASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT
March 18, 2008
Page 2 of S
determine the proper remedy for this issue.
3. The driveway and parking tat are located in the wrong area.
Staff has reviewed the CUP against the site improvements and determined that
the driveway and parking area were built correctly. The original CUP had a
circular driveway that caused concerns with the Planning Commission. The
Commission conditioned the parking lot as follows:
The applicant shall work with staff to relocate the parking area and reduce
the number of parking spaces to ten.
Consistent with this condition, the loop driveway was eliminated and the parking
lot was reduced to ten spaces plus one handicap space.
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Attachment 7: Correspondence with Neighbors: Staff Response: Letter #1
CITY OF ATASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT
'larch 18. 2008
Page 3 of 6
4. The architecture of the present building does not match the approved architectural
renderings.
The original CUP was submitted by Carl Jorgerson and Todd Swenson who were
the applicants (Kelly Gearhart was the property owner). The applicants provided
very rather vague elevation concepts. The Commission conditioned the project
elevations as follows:
The applicant shall work with staff to modify the color and materials of the
exterior of the house to include a combination of materials including stucco,
lap -siding and brick.
The project was later purchased by a new owner, David Graves who designed a
slightly different building. Due to the vague elevations and the open-ended
project conditions, it was not possible to make the building "match" the
architectural renderings. However, the building does include the variety of lap
siding and stucco that the Commission requested and has a similar scale and
character as the original concept.
5. The care home site does not have access to the private road crossing Parcel 1 of
Parcel Map 99-190.
Staff has reviewed this issue and has determined the care home (Parcel 2) has
access rights to the private road. Parcel Map 99-190 created four lots off of West
Front Avenue including Parcel 2 where the care home is located. The map
included an access easement in favor of all four lots in the subdivision. Refer to
the attached map.
6. Neighbors are concerned a 36 bed drug rehabilitation center will be inconsistent
with the surrounding neighborhood.
Staff has raised the same questions and concerns with the applicant, who has yet
to respond. The project cannot be changed from the present 15 bed residential
care use without a public hearing and a Planning Commission approval. Staff is
aware of the neighborhood's concerns with the proposed rehabilitation center as
well as the past history of the project.
CUP Site Plan
Elevation and Conditions
Recorded Parcel Map 99-190
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Attachment 7: Correspondence with Neighbors: Staff Response: Letter #1
CITY OF ATASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT
March 18, 2008
Page 4 of 6
Planning Commission R2esoluuan2000-055
November 29. 2000
Page 8 of 12
Ek'HIBITB: SITE PLAN
Ccndllional User PmrmH 2000-00 D4
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Attachment 7: Correspondence with Neighbors: Staff Response: Letter #1
March 18, 2008
Page 5 of 6
CITY OF ATASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT
Plannirv; Commission Reso161-10n 2COC469
November 21, 2000
Page 9ot 12
EXHlarr C: ARCHmICrURAL ELEVATIONS
Conditional Usa Pon nit 2000 MM
ter_
L-------------------- .......................................
C1 a_.P"ATM F
Planning Commssm ResoWnon 2000-059
Novembet21 2000
Page 10 0112
EXHIRM D: COLOR ELEVATIONS
Conditional Use Permit 2000-0004
The applicant shall work with staff to modify the color and materials of the
exterior of the house to include a combination of materials, including
stucco, lap -siding and brick.
R410•te 011a96355FM
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Attachment 7: Correspondence with Neighbors: Staff Response: Letter ■1
CITY OF&T&SCADE 0
COMMUNITY DEVELOPMENT DEPARTMENT
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Attachment 7: Correspondence with Neighbors: Letter #2
Subject: 10630 West Front St.
Date: March 2, 2008
Description: Private Access and Utility Easement
' REG&..iy 16.a.
pLrU
COMMUNITY DEVELOPMENT
To whom it may concern: We (Eddie Sapien 10620 West Front St. and David Garibay 10610
West Front St.) are generating this letter to inform the owners and any person or persons
directly or indirectly involved with said subject 10630 West front St. as stated in Parcel Map AT -
99 -190 Recorded March 30, 2000, Book 54, page 57, of Parcels Map. Easement Purpose: Private
Access and Public Utility. As stated in Grant Deeds Section of documents received in escrow for
10620 and 10610 West front St. no place in these documents is 10600 or 10630 West Front St.
Granted Access to our Private Road. Unless otherwise proven through proper documentation
Eddie Sapien and David Garibay wish that the owners of 10630 West Front St. and any
associated parties would cease and desist using our roadway and replace the removed fencing
that was taken down by the property owner. Also to remove the asphalt that has encroached
on to our Private Access Road way immediately. We have notified Bob Hubbell this morning of
our findings and we are going to send a letter to the Building and planning department of the
City of Atascadero, and Century 21 Real estate office.
If you have any questions of to this matter please contact either of us to help resolve this
matter.
Eddie Sapien 10620 West front St Atascadero Ca. 93422 Ph. (805) 462-8520
David Garibay 10610 West Front St Atascadero Ca. 3422 Cell Ph. (831) 262-0877
CC: Atascadero Planning Dept.
Barbra Bell c/o Hurst Financial
Warren M. France Community Development Director
Callie Taylor City Planner
Escrow office (Fidelity National Title)
City attorney
Attachment 7: Correspondence with Neighbors: Staff response Letter #2
HUMPS
CITY OF ATASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT
April 14, 2008
Eddie Sapien
10620 West Front Rd.
Atascadero, CA 93422
David Garibay
10610 West Front Rd.
Atascadero, CA 93422
Re: Parcel Map AT 99-190 Private Access and Utility Easement
10630 West Front Road
Dear Mr. Garibay and Mr. Sapiens
The City has received your letter regarding the Private Access and Utility Easement identified
on Parcel Map AT 99-190, and your request for the owners of Parcels 1 and 2 to cease and
desist their use of the easement. City staff and the City Attorney have reviewed the recorded
Parcel Map, the Tentative Map file, and the easement descriptions identified in the Title Report
for 10630 West Front Road.
It is the City's opinion that the "30 -foot Wide Private Access and Utility Easement and Public
Utility Easement" (as identified on the face of the recorded map) provides access to Parcels 1, 2,
3 and 4 of Parcel Map AT 99-190. As stated on the first page of the recorded Parcel Map, the
easement is for "the use and benefit of the present of future owners of the lots affected by such
casements as delineated on said map." Each parcel is granted the same access rights over the
easement located on Parcel 1, and the portion of the easement located on Parcel 4. Furthermore,
the owners of Parcel 1 cannot be denied access due to the fact that they own the land on which
the access easement is located.
The easement is further explained in the Tentative Parcel Map Staff Report, which was reviewed
and approved by the Atascadero Planning Commission on September 7, 1999. The Staff Report
explains the subdivision design in detail. In order to approve the Parcel Map, the Planning
Commission had to snake a finding that the subdivision was consistent with the City's
Subdivision Ordinance. Page 2 of Staff Report states: "All four parcels meet the size, width,
and depth requirements. The parcels will have a common access off of West Front Road and the
applicant will be required to do street improvements along the West Front property frontage."
nCsymFk9vIMVmfflp N, (d)N F9a M oocsl'. CUP • COaEewnW tlse F'ermu'�ClPP 9�C�T1' 251�6tIm0i. W Front Cam FaCN/.Weu lmlt access. kl6x.aA.9oC laY pM0.e0 Y1��iP 8.5QAD pM
6907 E% CAMINO REAL, ATASCADERO, CA 93422 . (805) 461-5000 a FAX 461-7612
Attachment 7: Correspondence with Neighbors: Staff Response: Letter #2
** NO
CITY OF AeTASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT
SapienlGaphay Letter
April 14, 2008
Page 2 of 2
Through the documentation provided, it is the City's opinion that the subject access and utility
easement has been designed and recorded in order to serve lots 1, 2, 3 and 4 of Parcel Map AT
99-190. No documentation has been identified which would prohibit Lot 1 or Lot 2 from access
rights over this easement. If you have any questions, please contact me at 470-3448.
Sincerely,
&) ,
Callie Taylor
Associate Planner
Encl: Attachment: Parcel Map AT 99-190
Letter from David Garibay and Eddie Sapien
Barbara Bell, Hurst Financial, PO Box 2191, Atascadero, CA 93423
Warren Fracc, Community Development Director
Steve McHarris, Deputy Community Development Director
Brian Pierik, City Attorney
Catliy Novak, PO Box 296, Morro Bay. CA 43443
Andy Lujan, 13765 Appaloosa Dr., San Martin, CA 45046
11.CityhaMcdvipmn1'+- pre 0b PLNs (Old Planning Docs)b CUP - Conditional Use PermitslCUP DOICUP 2000-ODD4 w Front Cart FacilitylWcst
front access leticr.et.doc
Attachment 7: Correspondence with Neighbors: Staff Response: Letter #2
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Attachment 7: Correspondence with Neighbors: Staff Response: Letter #2
Escrow No. 400120 -MG
Tide order No. 00400120
EXHIBIT ONE
Pai,ui A:
Parcol 2 of Parcel Map No. AT 99.190, In the City of Atoscadem, '.uunty of San Luia Obispo, State of California.
according tc map recorded March 30, 2000 In Book G4, Page 57 of Parcel Maps.
Parcel B:
A 30 foot wide access and utility easement over Parcels 1 and 4 as delineated on Parcel Map AT 99-190 in the City
of Atescadaro, County of San Luis Obispo, State of California, according to map recorded March 30, 2000 in Book
64, Pepe 57 of Parcel Maps.
�J�iQ DAG] ° C Lr,��1OOGaOc
Attachment 7: Correspondence with Neighbors: Letter #3, April 10, 2008
To: City Of Atascadero Building and Planning Dept.
RE: Meeting Discussions with Warren Frace, Callie Taylor, Steven Marks
Date April 10, 2008
Time: 2:00 p.m.
PW U)oq -lel
To whom it may concern,
This letter is being generated from the discussions and concerns of
Eddie Sapien and David Garibay whom reside at 10620 and 10610 West
Front St. Atascadero, Ca. At this meeting as mentioned with Warren
Frace to discuss the Private Drive and Easement located at 10630 West
Front St. Atascadero Ca. The discussion was about various topics that
involved driveway concerns, such as liability, maintenance and usage.
The questions and concerns that we have are from the enclosed letter
from Fidelity National Ins. Co. as the policy holder for 10620 West Front
St. 2that because of the constant liability and exposure in a "High
Traffic Area" that is not in a normal neighbor setting. Our home owner
policy could be deemed ineligible if a liability claim is presented. This
along with the facts that were mentioned in prior letters sent to City
Council and Staff from Glen Lewis dated March 4, 2008 the differences
from the approved staff report and what the building has as built.
These concerns are listed below.
1) Page #3 Dated November 22, 2000 Subject notice of approval
C.U.P. 2000-0004 10630 West Front St. In motion of Bob Kelley
the applicant shall work with staff to relocate the parking area
and reduce the number of parking spaces to ten. (Exhibit F and
F1) The parking lot is not in the right location it should have been
Attachment 7: Correspondence with Neighbors: Letter #3, April 10, 2008
constructed in the rear of the building facing the highway as
stated.
2) Page #3 also in the same motion from Bob Kelley it states that the
elevations will have stucco, lap siding and brick. There is no brick
on the elevation on the building anywhere.
3) Noted in staff report dated November 21, 2000 on pages #1, and
#8 it states that the building is to be 6,480 square ft. +/- the
building is constructed to this date at 7,652 square ft. a difference
of 1,172 sq. ft.
4) The landscaping plan shows a much different landscape plan than
what exists. It needs to be consistent with the plan as approved
on the original C.U.P.
5) Page 5 line item 14 it states that the trash enclosures shall have
solid metal gates not wooden ones as installed and must be
constructed of a masonry structure. The one built to date is wood.
6) On Page 5 line item 10 it states that the parking area shall have
curbs on the perimeter of the landscaping areas. There are no
curbs at any of these locations.
7) The entry of the submitted plans for staff to review and pass this
C.U.P. shows a covered porch consisting of approx: 256 square ft.
the actual size of the existing covered porch is 650 + square ft. A
difference of 396 sq. ft.
8) The rendition drawings submitted also show on page #9 and state
that the roof shall have a hip/ gable that consists of a 4 and 12
pitch. The roof constructed is not a 4 and 12. It looks to be a 5, or
6 and 12. And also shown in drawings shown on page #9. The roof
is a single story type common roof. The building as it stands today
has a secondary clear window roof on it witch blocks the view
Attachment 7: Correspondence with Neighbors: Letter #3, April 10, 2008
easement of myself and neighbors which should never have been
added on by city planning staff as an improvement. As it is
inconsistent with staff report, the C.U.P., and the neighborhood.
9) Also as shown on submitted drawings on page #9 it shows 4 ft. x 4
ft. sliding windows on the building. The building constructed to
date has 6 ft. sliding glass doors at every bedroom.
10) It also states on page 12 that the applicant shall have a
hedge feature along the highway side of the project not highway
buffer trees
11) The landscape plan also shows that a minimum of 16 native
oak trees need to be planted in order to pass the final inspection.
12) This was submitted as a residential care facility. The city has
added Alzheimer's to the C.U.P. in 2004 without having a city
council meeting on this issue.
13) Are there any environmental impact reports needed for this
project by Cal Trans? Reason being because it is so close to U.S.
101 and this particular entrance belongs to Cal Trans. This
Easement was granted by Cal Trans for a Single family use, Not a
Commercial use. Also needed to be mentioned in situations in
these instances a list of mitigating facts for liability, and
maintaining responsibilities of the parties involved in Easement
situations that share a common driveway. None were listed for
this C.U.P.
14) These along with more questions of upmost concern need to
be answered by our city officials on this project. We have been
patient to this point in these concerns. Please advise use of your
findings in a timely manner. Eddie sapien (805) 712-6675 David
Garibay (831) 262-0877
Attachment 7: Correspondence with Neighbors: Letter #3, April 10, 2008
FIDELITY
NATIONAL INSURANCE COMPANY -
Eddie Sapien
10620 West Front Street
Atascadero, Ca. 93422
Re: Homeowner Insurance
Dear Eddie:
April 2, 2008
Thank you!!! for calling with questions about your homeowner insurance
Fidelity National Insurance, and ALL insurance carriers use various rating tools to
determine premiums and eligibility of the homes they insure.
Construction material, age of home, square footage and location are vital to the insurance
rating process.
If it is determined that a home is located within a commercial, industrial or business
location, the home would be considered ineligible for a `homeowner' insurance policy.
Also, if/when a liability or medical payments claim is presented to an insurance provider,
it will prompt a review of the total risk, to determine if the home's exposure to liability
losses has increased. This is another way an insurance carrier decides whether or not to
insure a home.
From the insurance company's point of view, if a home is in a high traffic area, or
exposed to losses outside the normal `neighborhood' setting, it is likely that adverse
action will occur and the policy declined or cancelled.
If you have other questions or concerns about your insurance, or any insurance situation,
please don't hesitate to call me.
Kin egards,
Ronda O'Brien
Attachment 7: Correspondence with Neighbors: Staff Response: Letter #3
June 11, 2008
CITY OF ATASCADERO
David Garibay
10610 West Front Road
Atascadero, CA 93422
Eddie Sapien
10620 West Front Road
Atascadero, CA 93422
COMMUNITY DEVELOPMENT DEPARTMENT
RE: Private Driveway Maintenance and Liability
10600, 10610, 10620 and 10630 West Front Road
Dear Mr. Garibay and Mr. Sapien:
Staff, in consultation with the City Attorney, has prepared this letter in response to your written
concerns regarding insurance for your shared driveway. It is staff's understanding that you are
concerned about the ability of your homeowners insurance provider to insure residential property
on your shared driveway with the existence a Senior Care Facility use. The issue appears related
to the compatibility of the Care Facility use and the number of trips generated by the facility.
One of the issues raised in the Fidelity letter (attached) is whether your home is located in a
commercial, industrial or business location. Although the Senior Care Facility is a business it is
considered a residential use and the zoning of the site will continue to be residential. The letter
also raises a concern regarding a "high traffic area." Staff anticipates the Care Facility will
generate 24 trips per day which is more than a single-family residences expected 10 trips per
day. However, these 14 additional trips per day are not considered to be a significant impact and
would not create a "high traffic area."
To address your concern regarding the greater number of trips by the Care Facility as compared
to a single-family residence, staff is working with the applicant on a condition of approval to be
added to the Care Facility project. The proposed condition would require the operator to pay
their proportional share of driveway maintenance based on the projected number of trips per day.
AR
CITY OF ATASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT
Conditions of approval for the project will be available prior to the Public Hearing, at the time of
staff report distribution to the Planning Commission and the public.
If you should have any further questions, feel free to contact me at 470-3402.
Sincerely,
Warren M. Frace
Community Development Director
GC. B. Pierik
W. McKinney
S. McHarris
C. Taylor
Attachment: April 2, 2008 Fidelity Insurance Letter to Eddie Sapien
ATTACHMENT 8: Draft Resolution PC 2008-0031
DRAFT RESOLUTION PC 2008-0031
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO APPROVING PLN 2008-12909
AN AMENDMENT TO CONDITIONAL USE PERMIT 2000-0004,
A 15 -CLIENT RESIDENTIAL CARE FACILITY
LOCATED AT 10630 WEST FRONT
APN 045-353-007
(Bell / Vaughn / Barratt)
WHEREAS, an application has been received from William Vaughn, PO Box 554
Grover Beach, CA 93483 (Applicant), Shirley Barratt, 2388 Lopez Dr. Arroyo Grande, CA
93420 (Applicant), and Barbara Bell c/o Hurst Financial 857 Leff St., San Luis Obispo, CA.
93401(Owner) to consider an Amendment to Conditional Use Permit 2000-0004, a 15 -client
Residential Care Facility for elderly care located at 10630 West Front (APN 045-353-007); and,
WHEREAS, the site's current General Plan Designation is Rural Estate (RS); and,
WHEREAS, the site's current zoning district is Residential Suburban (RS); and,
WHEREAS, Residential Care Facilities serving 15 clients is a Conditional Use in the RS
Zone; and,
WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2000-037
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, an Mitigated Negative Declaration 2000-037 was certified by the Planning
commission on November 21, 2000, and the proposed Amendment is consistent with the
findings identified in the Certified Mitigated Negative Declaration; 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 June 17, 2008 studied and considered the PLN 2008-1290; and,
NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Findings for approval of Conditional Use. The Planning Commission
finds as follows:
1. The proposed project or use is consistent with the General Plan and the City's
Appearance Review Manual; and,
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance); and,
3. The establishment, and subsequent operation or conduct of the use will not, because
of the circumstances and conditions applied in the particular case, be detrimental to
the health, safety, or welfare of the general public or persons residing or working in
the neighborhood of the use, or be detrimental or injurious to property or
improvements in the vicinity of the use; and,
4. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development; and,
5. That the proposed use or project will not generate a volume of traffic beyond the safe
capacity of all roads providing access to the project, either existing or to be improved
in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular
session assembled on June 17, 2008 resolved to approve the PLN 2008-1290 subject to the
following:
EXHIBIT A:
Conditions of Approval
EXHIBIT B:
Floor Plan (As -built)
EXHIBIT C:
Elevations (As -built)
EXHIBIT D:
Site Plan
EXHIBIT E:
Landscape Plan (Proposed)
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
PLN 2008-1290/ Amendment to CUP 2000-0004
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning
BL: Business License
Services
BS: Building
10630 West Front
GP: Grading Permit
Services
PLN 2008-1290
BP: Building Permit
FI: Final Inspection
FD: Fire Department
PD: Police
TO: Temporary
Department
Occupancy
CE: City Engineer
Amendment to CUP 2000-0004
FO: Final Occupancy
FM: Final Map
: Wastewater
CACA: City Attorney
Planning Services
1. The approval of this use permit shall become final and effective for the
BP/FO
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.
2. Approval of this Conditional Use permit shall be valid for twelve (12)
BP/FO
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 or final occupancy.
3. The Community Development Department shall have the authority to
BP/FO
PS
approve minor changes to the project that (1) increase the intensity of the
project by less than 10%, (2) result in a superior site design or
appearance, and/or (3) address a construction design issue that is not
substantive to the Conditional Use Permit.
4. The applicant shall defend, indemnify, and hold harmless the City of
BP/FO
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.
5. All site improvements, landscaping, and building elevations shall be
BP/FO
PS
consistent or superior to those shown in attached Exhibits B through E.
6. This Conditional Use Permit shall be for a 15 -bed Residential Care
BP/FO
PS
Facility for elderly care at the property located at 10630 West Front Road
(APN 045-353-007) regardless of owner.
7. The project shall provide a total of 10 on-site parking spaces as shown on
BP/FO
PS
15.f
Exhibit D.
8. All signage shall be exteriorly illuminated. A single wall sign of 20 square
13P/F0
PS
feet of sign area maximum, scaled to the building, will be permitted with
individual letters mounted below the roof feature. Any future monument
sign shall be architecturally compatible with the Residential Care Facility
and limited to 20 square feet of sign area and 6 -feet in overall height, with
a decorative base, subject to staff approval. The monument sign shall
include the site address and have ornamental landscaping at its base.
The facility name and address may be displayed on a decorative
entrance feature in lieu of a monument sign, provided that the total sign
are does not exceed 20 square feet. The applicant shall submit a
separate application for the sign permit. No freeway oriented signs will
be permitted.
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning
BL: Business License
Services
BS: Building
10630 West Front
GP: Grading Permit
Services
PLN 2008-1290
BP: Building Permit
FI: Final Inspection
FD: Fire Department
PD: Police
TO: Temporary
Department
Occupancy
CE: City Engineer
Amendment to CUP 2000-0004
F0: Final Occupancy
FM: Final Map
WW: Wastewater
CA: City Attorney
9. All lighting shall be designed to eliminate off-site glare. All exterior lights
BP/FO
PS
1.d.1
shall utilize full cut-off "hooded" lighting features to prevent off-site glare
and spillage. Free standing parking lot lights shall be prohibited. A wall
mounted parking lot light will be installed on the northeast side of the
building.
10. The use permit and business license shall prohibit the tenants from
On going
PS
15.a
parking any personal vehicles on the project site.
11. A trash enclosure will be constructed of decorative masonry materials
BP/FO
PS
and have solid metal gates. The enclosure shall be constructed of either
split face block or CMU block covered in stucco. The perimeter of all
such facilities shall be landscaped when visible to the public.
12. The maintenance of the private road / access easement shall be divided
Ongoing
PS
among the property owners. The care facility (10630 West Front) shall
be responsible for 54% of the maintenance costs of the road. Each of the
residences (10620 and 10610 West Front) would be responsible for 23%
of the maintenance costs. Upon presentation to the applicant of a
maintenance agreement confirming the presented shares of 54% and
23% for each residence as provided herein, applicant shall design the
maintenance agreement.
Engineering Conditions:
13. The applicant shall enter into a Plan Check / Inspection Agreement with
BP
CE
the City.
14. The applicant shall be responsible for the relocation and/or alteration of
FO
CE
all existing utilities which interfere or conflict with the proposed
improvements.
15. The applicant shall install all new utilities underground.
BP / FO
CE
16. Prior to the final inspection, domestic water facilities shall be extended to
FO
CE
the facility in conformance with the West Frontage Road Street and
Water Improvement plans prepared by Cannon Associates which were
accepted by the City Engineer On March 3, 2000.
17. Prior to the issuance of building permits, the applicant shall submit a
BP
CE
grading and drainage plan prepared by a registered civil engineer for
review and approval by the City Engineer.
18. Prior to the final inspection, the applicant shall submit a written statement
FO
CE
from a registered civil engineer that all work has been completed and is in
full compliance with the approved plans and the Uniform Building Code
(UBC) prior to the final inspection.
Fire Department Conditions:
19. The building shall be equipped with an automatic fire sprinkler system.
BP
BS / FD
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning
BL: Business License
Services
BS: Building
10630 West Front
GP: Grading Permit
Services
PLN 2008-1290
BP: Building Permit
FI: Final Inspection
FD: Fire Department
PD: Police
TO: Temporary
Department
Occupancy
CE: City Engineer
Amendment to CUP 2000-0004
F0: Final Occupancy
FM: Final Map
WW: Wastewater
CA: City Attorney
Atascadero Mutual Water Company Conditions:
20. Prior to the final inspection, the applicant shall construct an extension to
FO
AMWC
the existing water main in West Front Road. The pipe for the water main
extension shall have a minimum diameter of 8 -inches. Plans for the
water main extension shall be submitted for review and approval by the
Atascadero Mutual Water Company prior to the issuance of building
permits.
21. Prior to the final inspection, the applicant shall Prior to the issuance of
FO
AMWC
building permits, the applicant shall submit plans showing the water
distribution facilities required to serve the project for review and approval
by the Atascadero Mutual Water Company. The plans shall show the
facilities required for fire protection.
22. Prior to the issuance of building permits, the applicant shall obtain a "Will
BP
AMWC
Serve" letter from the Atascadero Mutual Water Company.
23. Prior to the issuance of building permits, the applicant shall pay all
BP
AMWC
installation and connection fees required by the Atascadero Mutual
Water Company.
EXHIBIT B: Floor Plan (As -built)
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EXHIBIT C: Elevations (As -built)
EXHIBIT D: Site Plan
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Monument sign to be
revised:
- 20 sq. ft. max
- 6 feet max height
- decorative base
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EXHIBIT E: Landscape Plan (New Proposed)
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ITEM NUMBER: 4
DATE: 6-17-08
Atascadero Planning Commission
Staff Report - Community Development Department
Kelly Gleason, Senior Planner, 470-3436, kgleason@atascadero.org
EI Camino Real Lube & Go with Car Wash
CUP 2004-0144 Amendment
7095 EI Camino Real
(Atascadero Enterprises)
REPORT -IN -BRIEF:
The proposed Amendment consists of revisions to the approved signage and
elimination of the trellis feature previously approved facing EI Camino Real. The
requested signage is currently installed on the building without permits.
RECOMMENDATION:
The Planning Commission adopt Resolution PC 2008-0033 to approve an
amendment to CUP 2004-0144 amending Master Plan of Development based on
findings and subject to conditions of approval.
DISCUSSION:
Situation and Facts:
1. Applicant / Representative: Atascadero Enterprises
2505 Theatre Drive, Suite A
Paso Robles, CA 93446
2. Project Address: 7095 EI Camino Real (APN 030-081-046)
(San Luis Obispo County)
3. General Plan Designation: GC (General Commercial)
4. Zoning District:
5. Redevelopment Area
6. Site Area:
CR (Commercial Retail)
Yes
17,059 square feet
ITEM NUMBER: 4
DATE: 6-18-08
7. Existing Use: Lube -n -Go and vacant commercial pad
8. Environmental Status: Certified Mitigated Negative Declaration 2005-0002
Background:
On May 19, 2005, the Planning Commission voted 5-2 to approve the Lube -n -Go
project. The Lube -n -Go building has been constructed and is currently open under a
Temporary Certificate of Occupancy pending this Amendment, repaving of the
adjacent affected parking lot, and minor building items.
Analysis:
The applicant proposes two specific changes which exceeds staff's approval ability
as follows:
1. The applicant's are requesting the addition of four signs to the front and rear
elevations and the elimination of one sign on the elevation facing the main
shopping center entry drive.
The approved elevations did not include signage on the front elevation facing EI
Camino Real. The applicant's are requesting the addition of two signs on this
elevation. One "Lube -n -Go" sign located above the main entrance and one "Car
Wash" sign above the car wash bay.
The applicant is also requesting two additional signs on the rear elevation. One
menu board sign displaying the services provided and one "Lube -n -Go" sign located
above the secondary entrance.
ITEM NUMBER: 4
DATE: 6-18-08
The applicant did reduce the size of the sign installed on the elevation facing the
approved Carl's Jr. building. The following chart summarizes the building signage as
approved and as proposed.
Sign Location /
Description
Approved Sign Size
Proposed Sign Size
ECR "Lube -n -Go" sin
0
16 square feet
ECR "Car Wash" sign
0
6 square feet
Carl's Jr. facing "Lube -n-
Go" sign
15 square feet
8 square feet
Rear "Lube -n -Go" sign
0
16 square feet
Rear "Car Wash" sin
15 square feet
6 square feet
Menu board sign
0
16 square feet
Center entry drive facing
"Lube -n -Go" sign
15 square feet
0
Total approved
Total requested
45 square feet
68 square feet
ITEM NUMBER: 4
DATE: 6-18-08
The Atascadero Municipal Code allows for a maximum of 125 square feet aggregate
sign area for commercial locations with each sign not to exceed 40 square feet. The
proposed signage program is within the maximums allowed by Code.
2. The applicant is requesting the elimination of the trellis feature along the EI
Camino Real fagade.
During the plan check process for both the Lube -n -Go building and the future Carl's
Jr. building, it was determined that the Building Code required that the site provide
an accessible connection to adjacent properties within the shopping center. As each
parcel is under separate ownership with no overriding easements for pedestrian
pathways, the applicant was responsible for providing an accessible path terminating
at an adjacent property line. It was determined that the best location for future
connectivity would be along the south fagade of the Lube -n -Go building, utilizing the
patio space at the front entry to accommodate the accessible route. The applicant
has stated that this path conflicts with the approved trellis design and is requesting
modification of the Master Plan of Development to remove this feature. The
applicant has installed tables and chairs with umbrellas to provide an outdoor
seating area for business patrons in exchange for the trellis.
The proposed signage is wither the maximum signage sizes allowed by the
Atascadero Municipal Code for commercial buildings. The Planning Commission has
the authority over the appearance and signage for the project under the approval of
the Conditional Use Permit.
ALTERNATIVES:
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.
ITEM NUMBER: 4
DATE: 6-18-08
3. The Commission may approve the project, as conditioned. Findings for
project approval have been prepared, as attached. The Commission should
specify the reasons for approval of the project and make an associated
finding with such action.
PREPARED BY: Kelly Gleason, Senior Planner
ATTACHMENTS:
Attachment 1: Location Map, Zoning and General Plan
Attachment 2: Draft Resolution 2008-0033
ITEM NUMBER:
DATE: 6-18-08
Attachment 1: Location Map, General Plan and Zoning
Existing Designations:
-General Plan: GC (General Commercial)
-Zoning District: CR (Commercial Retail)
ITEM NUMBER: 4
DATE: 6-18-08
ATTACHMENT 2: Draft Resolution PC 2008-0033
CUP Amendment 2004-0144
Conditional Use Permit Amendment
DRAFT RESOLUTION PC 2008-0033
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT AMENDMENT 2004-0144
APN 030-081-046
7095 El Camino Real
(Atascadero Enterprises)
WHEREAS, an application has been received from Atascadero Enterprises, 2505
Theatre Drive, Ste. A, Paso Robles, CA 93446, (Applicant and Property Owner) to consider
an amendment to the Master Plan of Development (CUP 2004-0144) project consisting of
modifications to the building signage and elimination of the trellis feature located at 7095 El
Camino Real (APN 030-081-046); and,
WHEREAS, the site's General Plan Designation is GC (General Commercial); and,
WHEREAS, the site's current Zoning District is CR (Commercial Retail); and
WHEREAS, the proposed project is consistent with Certified Mitigated Negative
Declaration 2005-0002 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 Amendment application was held by the Planning Commission of the
City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf
of said Conditional Use Permit; and,
WHEREAS, the Planning Commission of the City of Atascadero held a public
hearing on June 17, 2008, following the close of the review period to consider the Initial
Study and Proposed Mitigated Negative Declaration; and,
NOW, THEREFORE, the Planning Commission of the City of Atascadero,
California takes the following actions:
ITEM NUMBER: 4
DATE: 6-18-08
SECTION 1. Findings for Approval of Conditional Use Permit Amendment.
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,
1. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance); and,
2. 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,
3. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development; and,
4. 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 of Conditional Use Permit Amendment. The
Planning Commission does hereby approve an amendment to Conditional Use Permit 2004-
0144, amending the Master Plan of Development to allow modification to the approved
signage plan and elimination of the trellis feature, consistent with the following Exhibits:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Elevations
ITEM NUMBER: 4
DATE: 6-18-08
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
ITEM NUMBER:
DATE: 6-18-08
EXHIBIT A: Conditions of Approval
Lube -n- Go
CUP Amendment (CUP 2004-0144)
Master Plan of Development Amendment
Conditions of Approval /
Timing
Responsibility
Notes
Mitigation Monitoring Program
/Monitoring
PS:Planning Services
BL: Business
BS: Building Services
Lube -n -Go
License
FD: Fire Department
CUP Amendment (CUP Amendment 2004-0144)
GP: Grading Permit
BP: Building Permit
PD: Police Department
CE: City Engineer
FI: Final Inspection
WW: Wastewater
TO: Temporary
CA: City Attorney
Master Plan of Development Amendment
P
Occupancy
F0: Final
Occupancy
Planning Services
1. This Conditional Use Permit Amendment shall be for amendments to the
BP
PS
Lube -n -Go as described on the attached exhibits and located on parcel
7095 EI Camino Real (APN 030-081-046) regardless of owner.
2. The Community Development Department shall have the authority to
BP
PS, CE
approve the following minor changes to the project that (1) modify the site
plan project by less than 10%, (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.
3. Approval of this Conditional Use Permit Amendment shall be valid with
BP
PS
the original CUP approval.
4. All subsequent construction permits shall be consistent with the Master
BP
PS, CE
Plan of Development Amendment contained herein.
5. All applicable conditions and mitigation measures from CUP 2004-0144
BP
PS
shall apply.
Exhibit B: Elevations
di,
hJY1 UP�•jr -
4w
ITEM NUMBER: 4
DATE: 6-18-08
Front Elevation
Facing EI Camino Real
Side Elevation facing Carl's Jr.
Rear Elevations facing center
ITEM NUMBER: 5
DATE: 6-17-08
Atascadero Planning Commission
Staff Report - Community Development Department
Kelly Gleason, Senior Planner, 470-3436, kgleason@atascadero.org
Master Plan of Development (CUP 2002-0082) Amendment,
The Colony at Apple Valley
6140 Conejo / 2225, 2215, 2205 San Ramon
(Colony Investments, LLC)
RECOMMENDATION:
Staff Recommends Planning Commission:
Adopt Resolution PC 2008-0032 approving an Amendment to CUP 2002-0082 to
allow alternate models on lots 51, 54, 55, and 56.
REPORT -IN -BRIEF:
The proposed project consists of an Amendment to the Master Plan of Development
to allow a reduction in the size of the homes proposed for 4 existing lots within the
approved tract. The proposed new models are approved models used throughout
the existing development.
DISCUSSION:
Situation and Facts:
1. Property Owner: Colony Investments, LLC
7305 Morro Rd., #200, Atascadero, CA 93422
2. Project Address: Colony at Apple Valley (Lots 51, 54, 55, and 56)
6140 Conejo / 2225, 2215, 2205 San Ramon
Atascadero, CA 93422
(San Luis Obispo County) APN 049-193-029, 032,
033, 034.
3. General Plan Designation: General Plan Designation: Single -Family
Residential - Y
4. Zoning District: RSF-Y (Residential Single -Family - Y)
5. Existing Use: Vacant subdivision lots approved for single-family
residences
6. Environmental Status: Consistent with previously certified Mitigated
Negative Declaration
ANALYSIS:
The applicant is requesting that the house plans previously approved for the subject
lots be modified to allow for the construction of a smaller model. Three of the lots
affected by this request are adjacent to each other and are located along San
Ramon Road. Lot 54 and 56 will change to the 2114 plan (2831 s.f. including
garage) and Lot 55 will change to a 2289 plan (3036 s.f. including garage). Lot 51
will change to a 2114 plan (2831 s.f. including garage).
The following chart shows the originally approved plans on the subject lots. The
requested amendments will not create any situations where more than 2 of the same
models are adjacent.
[ RE
2114 A R° T 2114 B �o..
i
IA —1—r ELI
2289 A .�.
NMI
Proposed Environmental Determination
The proposed Amendments are consistent with the previously certified Mitigated
Negative Declaration.
Conclusion
The proposed Amendments are minor in nature and will modify the approved models
for 4 lots within the existing Apple Valley development. The requested Amendments
will allow the applicant to construct smaller residences consistent with the previously
approved architectural designs for the project.
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.
3. The Commission may approve the project, as conditioned. Findings for
project approval have been prepared, as attached. The Commission should
specify the reasons for approval of the project and make an associated
finding with such action.
PREPARED BY: Kelly Gleason, Senior Planner
ATTACHMENTS:
Attachment 1: Location Map, Zoning and General Plan
Attachment 2: Draft Resolution PC 2008-0032
Attachment 1: Location Map, General Plan and Zoning
Zoning District: Residential Single -Family - Y
General Plan Designation: Single -Family Residential - Y
ATTACHMENT 2: Draft Resolution PC 2008-0032
DRAFT RESOLUTION PC 2008-0032
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA,
APPROVING MASTER PLAN OF DEVELOPMENT
AMENDMENT(CONDITIONAL USE PERMIT 2002-0082)
FOR LOTS 519 549 559 AND 56 WITHIN THE APPLE VALLEY
DEVELOPMENT ON APN 049-193-0293,0329 0339 034
(Colony Investments LLC
WHEREAS, an application has been received from Colony Investments, LLC, 6955
El Camino Real, Ste. 200, Atascadero, CA 93422, (Applicant and Property Owner) to
consider an Amendment to the approved Master Plan of Development modifying the
approved residential plans for lots 51, 54, 55, and 56 located at 2225, 2215, and 2205 San
Ramon and 6140 Conejo Rd; and
WHEREAS, the site's General Plan Designation is SFR -Y (Single -Family
Residential); and,
WHEREAS, the site's current zoning district is RSF-Y (Residential Single -Family;
and,
WHEREAS, the subject parcels are located within the Colony at Apple Valley
development (PD -19) which requires the approval of the Master Plan of Development in the
form of a Conditional Use Permit; and,
WHEREAS, the proposed amendments are consistent with the previously certified
Mitigated Negative Declaration for the Apple Valley development 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 Zone
Change application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of
Development amendment; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on June 17, 2008, studied and considered the requested amendments to
the Master Plan of Development (CUP 2002-0082); and,
NOW, THEREFORE, the Planning Commission of the City of Atascadero,
California takes the following actions:
SECTION 1. Findings for Approval of Master Plan of Development
Amendment. The Planning Commission finds as follows:
The proposed project or use is consistent with the General Plan and the City's
Appearance Review Manual; and,
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance) including the PD -19 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,
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 June 17, 2008, resolved to approve Master Plan of
Development (CUP 2002-0082) Amendment subject to the following:
EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program
EXHIBIT B: Elevations and Floor Plans: Plan 2114
EXHIBIT C: Elevations and Floor Plans: Plan 2289
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
T:\- pre 06 PINS (Old Planning Docs)\- ZCH - Zone Change\ZC 02\ZCH 2002-0035.Colony@Apple Valley - Midland Pacific\Amendment June 08\Apple Valley Amendment 2008 PC -
SP -doe
EXHIBIT A: Conditions of Approval
PD -19 Master Plan of Development (CUP 2002-0082) Amendment
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business License
BS: Building Services
The Colony at Apple Valley
GP: Grading Permit
FD: Fire Department
PO -19 Master Plan of Development Amendment
BP: Building Permit
FI: Finallnspecton
PD: Police Department
CE: City Engineer
TO: Temporary
WW: Wastewater
Occupancy
CA: City Attorney
F0: Final Occupancy
Planning Services
1. This Conditional Use Permit Amendment shall amend the
Ongoing
PS
approved Master Plan of Development for lots 51, 54, 55, and
56 of Tract 2495.
2. The approval of this use permit shall become final and
Ongoing
PS
effective for the purposes of issuing building permits fourteen
(14) days following the Planning Commission approval unless
prior to the time, an appeal to the decision is filed as set forth
in Section 9-1.111(b) of the Zoning Ordinance.
3. The Community Development Department shall have the
BP/FM
PS, CE
authority to 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 amendment shall be
BP/FM
PS
valid for twenty-four (24) months after its effective date. At
the end of the period, the approval shall expire and become
null and void unless the project has received a building
permit.
5. The applicant shall defend, indemnify, and hold harmless the
Ongoing
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.
6. All subsequent Tentative Map and construction permits shall
BP/FM
PS, CE
be consistent with the Master Plan of Development as
amended herein.
7. The following amendments shall be approved:
BP
PS
■ Lot 51, 54, and 56 shall be approved with a 2114 plan;
■ Lot 55 shall be approved with a 2289 plan.
EXHIBIT B: ELEVATIONS AND FLOOR PLANS - PLAN 2114
FRONT
FRONT
EXHIBIT C: ELEVATIONS AND FLOOR PLANS - PLAN 2289
FST
ITEM NUMBER: 6
DATE: 6-17-08
Planning Commission Staff Report
Staff Report - Community Development Department
Callie Taylor, Associate Planner, 470-3448, ctaylor@atascadero.org
PLN 2007-1217
Tentative Parcel Map 2007-0090
7845 Navajoa Avenue
(Missler / Vance)
SUBJECT:
The project consists of a proposed condominium map over an existing lot of record to
create three (3) airspace units on one common lot. The lot contains one existing
residence which is proposed to be removed. Three new units are proposed for new
construction.
RECOMMENDATION:
Planning Commission adopt Resolution PC 2008-0034 approving Tentative Parcel Map
2007-0090 (PLN 2007-1217), a request to establish three (3) airspace units on one
common lot, based on findings and subject to conditions of approval.
SITUATION AND FACTS:
1. Applicant/Owners: Zachary & Michelle Missler, 1717 Singletree Ct., SLO,
CA 93405
Truitt Vance, 6679 Morro Road, Atascadero, CA
93422
2. Project Address: 7845 Navajoa Ave., Atascadero, CA 93422
APN 031-183-004
3. General Plan Designation: Medium Density Residential
4. Zoning District: Residential Multi -Family - 10 (Maximum 10 du/ac)
5. Site Area: 0.291 acre (approximately 12,676 square feet)
6. Existing Use: One existing residence; proposed to be demolished
\\Cityhall\cdvlpmnt\- 07 PLNs\PLN 2007-1217 Vance Missler\TPM 2007-0090.PC staff report.ct.doc
ITEM NUMBER: 6
DATE: 6-17-08
7. Environmental Status: Categorical Exemption:
Class 3, In -fill Development
And Class 15, Minor Land Divisions
DISCUSSION:
Background
The property is located on the west side of Navajoa Avenue within the RMF -10 Zoning
District. Properties to the north and to the east of the project site are zoned Commercial
Professional and are developed with commercial buildings. The subject parcel is
relatively flat and is currently developed with a single-family residence which is
proposed to be demolished. City sewer will serve the property and water is available
from the Atascadero Mutual Water Company.
Condominium Desian:
The proposed map will create three (3) airspace condominium units on one legal lot of
record. The existing residence is proposed to be demolished. The front two story
detached unit will take access off of Navajoa with a private driveway. The other two
units will take access off of a new 12 -foot wide driveway. The driveway will be finished
in decorative concrete with landscape planters along each side of the driveway. The
two rear residences are proposed as attached units.
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Proposed Site and Landscape Plan
\\Cityhall\cdvlpmnt\- 07 PLNs\PLN 2007-1217 Vance Missler\TPM 2007-0090.PC staff report.ct.doc
ITEM NUMBER: 6
DATE: 6-17-08
The front unit is a four bedroom proposed at 1808 square feet with an attached 533
square -foot garage. The two rear units are four-bedroom proposed at 1724 square feet
each with 456 square -foot attached garages. The project is designed to meet the
parking requirement for multi -family development as required by the Atascadero
Municipal Code. Three spaces are required for each four bedroom unit, and one
additional guest space is required. The applicant has provided two guest parking
spaces located towards the rear of the lot and additional parking spaces are provided in
the driveways of each unit.
The residences are designed with colony style architectural details and are consistent
with the requirements of the Appearance Review Manual. A minimum of 300 square
feet of private open space per unit is provided in the front and rear yards of each unit. A
landscape plan and fencing plan have been provided by the applicant.
The subdivision is consistent with the General Plan Medium Density Residential Land
Use Designation and Residential Multi -family Zoning regulations.
■
0
Front unit
Front Elevation (facing Navaloa)
Front unit
Back Elevation (facing parking court)
Kear units: I-ront tleyation taring parKing court
\\Cityhall\cdvlpmnt\- 07 PLNs\PLN 2007-1217 Vance Missler\TPM 2007-0090.PC staff report.ct.doc
ITEM NUMBER: 6
DATE: 6-17-08
Public Improvements:
The project has been conditioned to construct curb, gutter, and sidewalk along the
Navajoa Road frontage (Condition 28). All utilities shall be underground on project
frontage (Condition 31) .
Environmental Review:
The project qualifies for a Class 15 and a Class 32 Categorical Exemption. Class 15 of
CEQA (Section 15315) exempts the division of residentially zoned property in urbanized
areas zoned into four or fewer parcels. Class 32 exempts in -fill development which
meets all of the requirements of Section 15332.
CONCLUSION:
The proposed condominium map, as conditioned, is consistent with the 2002 General
Plan and Zoning Ordinance and the airspace configurations are consistent with the
requirements of the Subdivision Ordinance. Staff recommends the Planning
Commission approve the Tentative Parcel Map as conditioned.
ALTERNATIVES:
1. The Commission may approve the map subject to additional or revised project
conditions. The Commission's motion to approve must include any new or revised
project conditions.
2. The Commission may deny the map if it is found to be inconsistent with the General
Plan or any of the other required findings. The Commission's motion to deny must
include a finding basis for denial.
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.
ATTACHMENTS:
Attachment 1 -- Location Map (General Plan & Zoning)
Attachment 2 — Categorical Exemption
Attachment 3 -- Draft Resolution PC 2008-0034
\\Cityhall\cdvlpmnt\- 07 PLNs\PLN 2007-1217 Vance Missler\TPM 2007-0090.PC staff report.ct.doc
ITEM NUMBER: 6
DATE: 6-17-08
ATTACHMENT 1: Location Map (General Plan / Zoning)
TPM 2007-0090 / PLN 2007-1217
7845 Navajoa Ave.
l 1�1 f /l Ji
— C9 -
LSF -X \ r'
-- _ CP f
-- --- _-- -_�`
.,7
_r
7845 Navaioa Ave.
RMF -10
------------
d7
v r
f � s
Zone: Residential Multi -Family - 10 du/ac (RMF -10)
Land Use Designation: Medium Density Residential (MDR)
\\Cityhall\cdvlpmnt\- 07 PLNs\PLN 2007-1217 Vance Missler\TPM 2007-0090.PC staff report.ct.doc
ITEM NUMBER: 6
DATE: 6-17-08
ATTACHMENT 2: Categorical Exemption
TPM 2007-0090 / PLN 2007-1217
7845 Navajoa Ave.
CITY OF ATAS CADER O
NOTICE OF EXEMPTION
6907 El Camino Real Atascadero, CA 93422 805.461.5000
TO: ® File
FROM: City of Atascadero
6907 El Camino Real
Atascadero, CA 93422
SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources
Project Title: Tentative Parcel Map 2007-0090 (PLN 2007-1217)
Project Location (Include County): 7845 Navajoa Avenue, Atascadero, California 93422
(San Luis Obispo County)
Project Description: The project will create 3 airspace condominium units allowing individual sale of the
units within a multi -family project. The construction of three new units on the site is proposed.
Name of Public Agency Approving Project: City of Atascadero
Name of Person or Agency Carrying Out Project: Truitt Vance, 6679 Morro Rd. Atascadero, CA 93422
Exempt Status:
❑ Ministerial (Sec. 21080 (b)(1); 15268)
❑ Declared Emergency (Sec. 21080(b)(3); 15269(a))
❑ Emergency Project (Sec.21080 (b)(4); 15269(b)(c))
® Categorical Exemption (Sec. 15315, Minor Land Divisions and Sec. 15332, Infill Developments)
Reasons why project is exempt:
Class 32 of CEQA (Section 15332) Exempts in -fill development which is less than five acres, served by
all required utilities, consistent with the General Plan and Zoning Ordinance, does not affect habit of
endangered species, and would not result in any significant affects relating to traffic, noise, air quality, pr
water quality. Class 15 of CEQA (Section 15315) exempts the division of residentially zoned property in
urbanized areas zoned into four or fewer parcels.
Date: June 10, 2008
Callie Taylor
Associate Planner
\\Cityhall\cdvlpmnt\- 07 PLNs\PLN 2007-1217 Vance Missler\TPM 2007-0090.PC staff report.ct.doc
ITEM NUMBER: 6
DATE: 6-17-08
ATTACHMENT 3: Draft Resolution PC 2008-0034
TPM 2007-0090 / PLN 2007-1217
7845 Navajoa Ave.
DRAFT RESOLUTION PC 2008-0034
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO APPROVING
TENTATIVE PARCEL MAP 2007-0090 (PLN 2007-1217), ESTABLISHING
THREE AIRSPACE UNITS ON ONE COMMON LOT
AT 7845 NAVAJOA AVENUE
(Missler / Vance)
WHEREAS, an application was received from Zachary & Michelle Missler, 1717
Singletree Ct., SLO, CA 93405 (Owner) and Truitt Vance, 6679 Morro Road, Atascadero, CA
93422 (Owner/Applicant), to consider a Tentative Parcel Map to establish three (3) airspace
units on one common lot with three new residences; and,
WHEREAS, a Categorical Exemption (Class 32 and Class 15) was prepared for the
project in accordance with the requirements of the California Environmental Quality Act
(CEQA); and,
WHEREAS, the site's General Plan Designation is Medium Density Residential (MDR);
and,
WHEREAS, the site's zoning district is RMF -10 (Residential Multi -Family — 10 du/ac);
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 both oral and documentary evidence was admitted on behalf of said projects; and,
NOW, THEREFORE, the Planning Commission takes the following actions:
SECTION 1. Findings for Approval of Condominium Map. The Planning
Commission finds as follows:
1. The proposed map, as conditioned, is consistent with the General Plan and
applicable zoning requirements.
2. The design and improvement of the proposed map, as conditioned, is consistent
with the General Plan and applicable zoning requirements.
3. The site is physically suitable for the density of development proposed.
\\Cityhall\cdvlpmnt\- 07 PLNs\PLN 2007-1217 Vance Missler\TPM 2007-0090.PC staff report.ct.doc
ITEM NUMBER: 6
DATE: 6-17-08
4. The design and improvement of the proposed map will not cause substantial
environmental damage or substantially and unavoidably injure fish and wildlife or
their habitat.
5. The map is consistent with the character of the immediate neighborhood.
6. The design of the condominium map will not conflict with easements acquired by
the public at large for access through, or the use of property within, the proposed
subdivision; or substantially equivalent alternative easements are provided.
7. The proposed condominium map design and type of improvements proposed will
not cause serious public health problems.
SECTION 2. Approval, The Planning Commission of the City of Atascadero, in a
regular session assembled on June 17, 2008 resolved to approve Tentative Parcel Map 2007-
0090 (PLN 2007-1217) subject to the following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Tentative Parcel Map 2007-0090
\\Cityhall\cdvlpmnt\- 07 PLNs\PLN 2007-1217 Vance Missler\TPM 2007-0090.PC staff report.ct.doc
ITEM NUMBER: 6
DATE: 6-17-08
On motion by Commissioner ,and seconded by
Commissioner , the foregoing resolution is hereby adopted in
its entirety by the following roll call vote:
AYES: ( )
NOES: ( )
ABSENT: ( )
ADOPTED:
ABSTAINED:
CITY OF ATASCADERO, CA
Roberta Fonzi
Planning Commission Chairperson
ATTEST:
Warren M. Frace
Planning Commission Secretary
\\Cityhall\cdvlpmnt\- 07 PLNs\PLN 2007-1217 Vance Missler\TPM 2007-0090.PC staff report.ct.doc
ITEM NUMBER
DATE: 6-17-08
EXHIBIT B: Conditions of Approval / Mitigation Monitoring
TPM 2007-0090
Conditions of Approval
Timing
Responsibility
TPM 2007-0090 / PLN 2007-1217
/Monitoring
PS: Planning Services
7845 Navajoa Ave.
BL: Business License
BS: Building Services
GP: Grading Permit
FD: Fire Department
BP: Building Permit
PD: Police Department
FI: Final Inspection
CE: City Engineer
TO: Temporary Occupancy
WW: Wastewater
F0: Final Occupancy
CA: City Attorney
Standard Planning Conditions
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 Parcel Map shall be valid for two years after its
FM
PS
effective date. At the end of the period, the approval shall expire and
become null and void unless an extension of time is granted pursuant to a
written request received prior to the expiration date.
3. The Community Development Department shall have the authority to
FM
PS
approve minor changes to the project that (1) result in a superior site design
or appearance, and/or (2) address a construction design issue that is not
substantive to the Tentative Parcel Map.
4. A parcel map drawn in substantial conformance with the approved tentative
FM
PS
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 City of
Ongoing
CA
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. The parcel map shall be subject to additional fees for park or recreation
FM
PS
purposes (QUIMBY Act) as required by City Ordinance.
Project Planning Conditions
7. Prior to final map, the applicant shall submit CC&Rs for review and
FM
PS/PW
approval by the Community Development Department. The CC&R's shall
record with the Final Map and shall include the following:
a. Exclusive use easements for private yard areas.
b. Provisions for maintenance of all common areas including access,
parking, street trees, fencing and landscaping.
C. Provisions for financing maintenance and upkeep of all common
areas.
d. A detailed list of each individual homeowner's responsibilities for
maintenance of the individual units.
\\Cityhall\cdvlpmnt\- 07 PLNs\PLN 2007-1217 Vance Missler\TPM 2007-0090.PC staff report.ct.doc
ITEM NUMBER
DATE: 6-17-08
Conditions of Approval
Timing
Responsibility
TPM 2007-0090 / PLN 2007-1217
/Monitoring
PS: Planning Services
7845 Navajoa Ave.
BL: Business License
GP: Grading Permit
BS: Building Services
FD: Fire Department
BP: Building Permit
PD: Police Department
FI: Final Inspection
CE: City Engineer
TO: Temporary Occupancy
WW: Wastewater
F0: Final Occupancy
CA: City Attorney
e. Individual unit's responsibility for keeping all trash receptacles
within the unit's garage.
f. A provision for review and approval by the City Community
Development Department for any changes to the CC&R's that
relate to the above requirements prior to the changes being
recorded or taking effect.
8. This map shall be for the approval of airspace units only. An additional map
FM
PS
sheet for informational purposes shall be recorded with the final map,
showing the location of the three (3) airspace units and all private use
areas.
9. Prior to recordation of the final map, the applicant shall submit a
FM
PS/PW
condominium plan for recording concurrently with the final map. A
qualified licensed professional shall prepare the final map and the
condominium plan.
10. Trash containers shall be the responsibility of each individual unit and shall
FO
PS/BS
be enclosed within the unit's attached garage.
Public Works Project Conditions
City Engineer Project Conditions
1. Per Municipal Code Section 9-4.160, the developer shall slurry seal
GP, BP
CE
Navajoa Avenue across the frontage of the property to a width of 1/2 the
roadway plus 10'.
City Engineer Standard Conditions
2. In the event that the applicant bonds for the public improvements required
GP, BP
CE
as a condition of this map, the applicant shall enter into a Subdivision
Improvement Agreement with the City Council.
3. An engineer's estimate of probable cost shall be submitted for review and
GP, BP
CE
approval by the City Engineer to determine the amount of the bond.
4. The Subdivision Improvement Agreement shall record concurrently with the
FM
CE
Final Map.
5. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to
GP, BP
CE
the property frontage.
6. The applicant shall acquire title interest in any off-site land that may be
GP, BP
CE
required to allow for the construction of the improvements. The applicant
shall bear all costs associated with the necessary acquisitions. The
applicant shall also gain concurrence from all adjacent property owners
whose ingress and egress is affected by these improvements.
\\Cityhall\cdvlpmnt\- 07 PLNs\PLN 2007-1217 Vance Missler\TPM 2007-0090.PC staff report.ct.doc
ITEM NUMBER
DATE: 6-17-08
Conditions of Approval
Timing
Responsibility
TPM 2007-0090 / PLN 2007-1217
/Monitoring
PS: Planning Services
7845 Navajos Ave.
BL: Business License
GP: Grading Permit
BS: Building Services
FD: Fire Department
BP: Building Permit
PD: Police Department
FI: Final Inspection
CE: City Engineer
TO: Temporary Occupancy
WW: Wastewater
F0: Final Occupancy
CA: City Attorney
7. Slope easements shall be obtained by the applicant as needed to
GP, BP
CE
accommodate cut or fill slopes.
8. Drainage easements shall be obtained by the applicant as needed to
GP, BP
CE
accommodate both public and private drainage facilities.
9. A preliminary subdivision guarantee shall be submitted for review in
FM
CE
conjunction with the processing of the parcel map.
10. The final parcel map shall be signed by the City Engineer prior to the map
FM
CE
being placed on the agenda for City Council acceptance.
11. Prior to recording the parcel map, the applicant shall pay all outstanding
FM
CE
plan check/inspection fees.
12. Prior to recording the parcel map, the applicant shall bond for or complete
FM
CE
all improvements required by these conditions of approval.
13. Prior to recording the parcel map, the applicant shall submit a copy of a
FM
CE
valid tax bond.
14. Prior to recording the parcel map, the applicant shall bond for or set
FM
CE
monuments at all new property corners. A registered civil engineer or
licensed land surveyor shall indicate by certificate on the parcel map, that
corners have been set or shall be set by a date specific and that they will be
sufficient to enable the survey to be retraced.
15. Prior to recording the parcel map, the applicant shall submit a map drawn in
FM
CE
substantial conformance with the approved tentative map and in
compliance with all conditions set forth herein. The map shall be submitted
for review and approval by the City in accordance with the Subdivision Map
Act and the City's Subdivision Ordinance.
16. All existing and proposed utility, pipeline, open space, or other easements
FM
CE
are to be shown on the parcel map. If there are building or other
restrictions related to the easements, they shall be noted on the parcel
map. The applicant shall show all access restrictions on the parcel map.
17. Prior to recording the parcel map, the applicant shall have the map
FM
CE
reviewed by all applicable public and private utility companies (cable,
telephone, gas, electric, Atascadero Mutual Water Company). The
applicant shall obtain a letter from each utility company indicating their
review of the map. The letter shall identify any new easements that may
be required by the utility company. A copy of the letter shall be submitted to
the City. New easements shall be shown on the parcel map.
18. Prior to the issuance of building permits the applicant shall submit plans
GP, BP
CE
and supporting calculations/reports including street improvements,
underground utilities, composite utilities, and grading/drainage plans
prepared by a registered civil engineer for review and approval by the City
Engineer.
\\Cityhall\cdvlpmnt\- 07 PLNs\PLN 2007-1217 Vance Missler\TPM 2007-0090.PC staff report.ct.doc
ITEM NUMBER
DATE: 6-17-08
Conditions of Approval
Timing
Responsibility
TPM 2007-0090 / PLN 2007-1217
/Monitoring
PS: Planning Services
7845 Navajos Ave.
BL: Business License
GP: Grading Permit
BS: Building Services
FD: Fire Department
BP: Building Permit
PD: Police Department
FI: Final Inspection
CE: City Engineer
TO: Temporary Occupancy
WW: Wastewater
F0: Final Occupancy
CA: City Attorney
19. Prior to the issuance of building permits the applicant shall submit
GP, BP
CE
calculations to support the design of any structures or pipes. Closed
conduits shall be designed to convey the 10 -year flow with gravity flow, the
25 -year flow with head, and provide safe conveyance for the 100 -year
overflow.
20. Prior to the issuance of building permits the applicant shall provide for the
GP, BP
CE
detention and metering out of developed storm runoff in accordance with
City Engineering Standards.
21. Drainage basins shall be designed to desilt, detain and meter storm flows
GP, BP
CE
as well as release them to natural runoff locations.
22. A mechanism for funding and maintenance of the storm drain facilities shall
GP, BP
CE
be provided.
23. Prior to the issuance of building permits the applicant shall show the
GP, BP
CE
method of dispersal at all pipe outlets. Include specifications for size & type.
24. Prior to the issuance of building permits the applicant shall show method of
GP, BP
CE
conduct to approved off-site drainage facilities.
25. Concentrated drainage from off-site areas shall be conveyed across the
GP, BP
CE
project site in drainage easements. Acquire drainage easements where
needed. Drainage shall cross lot lines only where a drainage easement has
been provided. If drainage easement cannot be obtained the storm water
release must follow the exact historic path, rate and velocity as prior to the
subdivision.
26. All public improvements shall be constructed in conformance with the City
GP, BP
CE
of Atascadero Engineering Department Standard Specifications and
Drawings or as directed by the City Engineer
27. Off-site streets shall be improved consistent with the tentative parcel map.
GP, BP
CE
28. Project shall include construction of curb, gutter and sidewalk along entire
GP, BP
CE
frontage.
29. Alignment of frontage improvements shall be approved by the City
GP, BP
CE
Engineer.
30. A mechanism to provide for the funding of maintenance for lighting, street
GP, BP
CE
improvements, special paving surfaces, sewer, storm drain, common area
landscape, open space, and hardscape shall be provided.
31. All utilities shall be undergrounded on project frontage
GP, BP
CE
32. Applicant shall pay sewer extension (Annexation), Connection and
BP
CE
Reimbursement fees (if applicable) upon issuance of building permit.
\\Cityhall\cdvlpmnt\- 07 PLNs\PLN 2007-1217 Vance Missler\TPM 2007-0090.PC staff report.ct.doc
ITEM NUMBER
DATE: 6-17-08
Conditions of Approval
Timing
Responsibility
TPM 2007-0090 / PLN 2007-1217
/Monitoring
PS: Planning Services
7845 Navajos Ave.
BL: Business License
BS: Building Services
GP: Grading Permit
FD: Fire Department
BP: Building Permit
PD: Police Department
FI: Final Inspection
CE: City Engineer
TO: Temporary Occupancy
WW: Wastewater
F0: Final Occupancy
CA: City Attorney
33. Drainage piping serving fixtures which have flood level rims located below
BP
CE
the elevation of the next upstream manhole cover of the public or private
sewer serving such drainage piping shall be protected from backflow of
sewage by installing an approved type backwater valve. Fixtures above
such elevation shall not discharge through the backwater valve.
\\Cityhall\cdvlpmnt\- 07 PLNs\PLN 2007-1217 Vance Missler\TPM 2007-0090.PC staff report.ct.doc
EXHIBIT B: Tentative Parcel Map
TPM 2007-0090
ITEM NUMBER: B
DATE 6-17-08
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ITEM NUMBER: 7
DATE: 6-17-08
Atascadero Planning Commission
Staff Report - Community Development Department
Callie Taylor, Associate Planner, 470-3448, ctaylor@atascadero.org
PLN 2008-1295
Manufactured Home and RV Sales
Amendment to Conditional Use Permit 1999-002
4800 San Palo Road
(Gramspacher / Manufactured Home Sales, Inc.)
SUBJECT:
The proposed project consists of an application to amend Conditional Use Permit 1999-
002 to allow for the sale of manufactured homes and RV's on an existing 0.526 acre
automobile sales lot located at 4800 San Palo Road.
RECOMMENDATION:
Staff Recommends:
Adopt Resolution PC 2008-0036 approving PLN 2008-1295, an Amendment to
Conditional Use Permit 1999-002 based on findings and subject to Conditions of
Approval.
Situation and Facts
1. Property Owner: Gary Gramspacher, PO Box 841, Clayton, CA 94517
2. Applicant: Manufactured Home Sales of Calif. Inc., PO Box 1625
Atascadero, CA 93423
3. Project Address: 4800 San Palo Road, Atascadero, CA 93422
(San Luis Obispo County) APN 049-225-009
4. General Plan Designation: General Commercial (GC)
5. Zoning District: Commercial Tourist (CT)
6. Site Area: 0.526 acre lot
7. Existing Use: Vacant automobile sales lot
8. Environmental Status: Class 1, Categorical Exemption Section 15301: Existing
Facilities
DISCUSSION:
Project Definition
The proposed project consists of a request to amend Conditional Use Permit 1999-0002
to allow the sales of manufactured homes and RV's on an existing automobile sales lot.
Background
Conditional Use Permit 1999-0002 was approved by Planning Commission on April 20,
1999 to allow a new 2,880 square -foot building and a 20,000 square -foot sales lot area
for automobile sales on the site at 5000 San Palo Road. The project was appealed to
the City Council on April 26, 1999 due to concerns about levels of traffic in the area and
the potential for customers to test drive vehicles in the nearby residential neighborhood.
The project was approved by the City Council on May 25, 1999 and the site was
developed as proposed.
On April 4, 2000, the CUP was amended to allow an additional 15,000 square -foot
automobile sales lot on an adjacent 0.5 acre site at 4800 San Palo Road in conjunction
with Central Coast Auto. Both sites (5000 & 4800 San Palo) were used for automobile
sales until late 2006 / early 2007 when the Mitsubishi Dealer closed.
In January of 2008 an amendment (PLN 2007-1271) was approved to add boats sales
and service to the approved uses of the Conditional Use Permit. In February of 2008,
Valley Cycle and Marine began selling boats at 5000 San Palo Road (property owned
by San Palo Partners, LLC.) The sales lot at 4800 San Palo Road (added to the CUP in
2000, owned by Gary Gramspacher) was not leased for boat sales and is currently
vacant.
4900 San Palo Rd.
° Existing building proposed to be
used as office for manufactured
homes and RV sales
° Previous sales office for auto dealer
° Located on same parcel as the hotel
"away 101
cam- ��..._._=_ __ SM PAW
__�• —___, -- _�_ _ _ -��-__ �__ ~1---�_�- .
4800
I I 1
I
.AILS wmt
4800 San Palo Rd.
Proposed for manufacture home and
RV sales lot use
Owner: Gary Gramspacher
Analysis
II
5000 San Palo Rd.
1
� ELSIWG Wi0 O(NDt9i
.gra
� I
4900 San Palo Rd.
L J�I. . 11 ^. Jl r -E r-
5000
5000 San Palo
Existing boat sales lot use
Owner: San Palo Partners, LLC
At the January 2008 Amendment hearing, the Planning Commission added boat sales
to the approved uses of Conditional Use Permit 1999-002. The Commission added a
condition restricting all other sales lot uses, only allowing boat and auto sales:
PLN 2007-1271, Condition 1:
"In addition to the auto sales use previously allowed by CUP 1999-002, boat sales
lot is added to the allowed uses on the site at APN 049-225-008, regardless of
owner. The sales lot use shall consist of a permanent outdoor sales facility for the
sale of boats and recreational or boat utility trailers only."
"The following shall not be allowed to take place on site as part of the approval of
this sales lot use: recreational vehicles, motorized farm equipment, heavy
commercial trucks, mobile homes, construction equipment or other heavy
equipment sales, outdoor equipment rental yards, and temporary outdoor sales
activities, including, but not limited to, swap meets and flea markets."
\
,� \-�
4800 San Palo Rd.
Proposed for manufacture home and
RV sales lot use
Owner: Gary Gramspacher
Analysis
II
5000 San Palo Rd.
1
� ELSIWG Wi0 O(NDt9i
.gra
� I
4900 San Palo Rd.
L J�I. . 11 ^. Jl r -E r-
5000
5000 San Palo
Existing boat sales lot use
Owner: San Palo Partners, LLC
At the January 2008 Amendment hearing, the Planning Commission added boat sales
to the approved uses of Conditional Use Permit 1999-002. The Commission added a
condition restricting all other sales lot uses, only allowing boat and auto sales:
PLN 2007-1271, Condition 1:
"In addition to the auto sales use previously allowed by CUP 1999-002, boat sales
lot is added to the allowed uses on the site at APN 049-225-008, regardless of
owner. The sales lot use shall consist of a permanent outdoor sales facility for the
sale of boats and recreational or boat utility trailers only."
"The following shall not be allowed to take place on site as part of the approval of
this sales lot use: recreational vehicles, motorized farm equipment, heavy
commercial trucks, mobile homes, construction equipment or other heavy
equipment sales, outdoor equipment rental yards, and temporary outdoor sales
activities, including, but not limited to, swap meets and flea markets."
On June 3 of 2008, a business license was submitted by Manufactured Home Sales of
California Inc. to operate a manufactured home sales lot on the property at 4800 San
Palo Road. This Amendment (PLN 2008-1295) is being processed in order to add
manufactured home sales and recreational vehicle sales to the approved uses at 4800
San Palo Road.
The applicant is proposing to use the existing vacant sales office located on the
adjacent parcel at 4900 San Palo (also owned by Gary Gramspacher). The property at
4900 San Palo is currently developed with an existing hotel. The office at 4900 San
Palo may be used for office use only on conjunction with manufactured home sales. No
other portion of the site at 4900 San Palo may be used as a sales lot use.
No changes to the site are proposed at this time. Any additional buildings proposed on
any site would be required to be approved by the Planning Commission as a separate
Amendment.
Findings
A Conditional Use Permit is required for all conditionally allowed uses to ensure
compatibility with the surrounding neighborhood and mitigatable impacts such as traffic,
noise, and overall project appearance. Conditional Use Permits for larger projects and
new developments are required to establish a Master Plan of Development for the site.
In circumstances where the site has already been developed, a Conditional Use Permit
is used to apply for a new conditionally allowed use or business. The Conditional Use
Permit process provides the opportunity for the public and the Planning Commission to
review the specifics of land use proposals.
The Planning Commission must make the following five findings to approve a
Conditional Use Permit:
1. The proposed project or use is consistent with the General Plan.
Staff Comment: The proposed sales lot use is consistent with the General Plan's
General Commercial Land Use Designation.
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance).
Staff Comment: The site was previously developed in conjunction with the adjacent
parcel and was used as an automobile sales lot. The parcel is now proposed with a
new use, separate from the lot at 5000 San Palo Road. Section 9-6.139 of the
Zoning Ordinance requires a minimum lot size of one (1) acre for sales lots for any
type of vehicle. Smaller lots may be allowed by the Planning Commission for other
outdoor sales lot uses. The subject site is only a half (0.526) acre, and therefore
requires Planning Commission approval for the proposed use. Since the parcel was
previously approved as auto sales lot, the site already has the improvements
required to operate as a sales lot for manufactured home and RV sales.
3. The establishment, and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particular case, be
detrimental to the health, safety, or welfare of the general public or persons residing
or working in the neighborhood of the use, or be detrimental or injurious to property
or improvements in the vicinity of the use.
Staff Comment: The subject site is directly off the U.S. Highway 101, on a site which
was previously occupied by an automobile sales lot. The proposed sales lot use will
not be detrimental to the general public or working person's health, safety, or
welfare.
4. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development.
Staff Comment: The original Conditional Use Permit 1999-002, included the existing
site design and confirmed that automobile sales met the standards for neighborhood
compatibility. There are no changes to the site plan proposed at this time. Staff
believes that a sales lot for manufactured home and RV sales would be appropriate
for the site and compatible with the surrounding uses. Swap meets and other
temporary events, which could conflict with the adjacent hotel and residential zone,
are not allowed with this CUP amendment (Condition #1).
5. That the proposed use or project will not generate a volume of traffic beyond the
safe capacity of all roads providing access to the project, either existing or to be
improved in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
Staff Comment: The proposed sales lot use is consistent with the traffic projections
and road improvements anticipated within the General Plan. The project site is an
existing developed site along a currently developed portion of San Palo Road.
Environmental Determination
CEQA exempt: Article 19. Categorical Exemptions, Class 1, Section 15301: Existing
Facilities.
('nnr,h isinn
Based on staff's analysis in the preceding sections, it appears that all of the required
findings for approval of a manufactured home and RV sales lot use can be made. As a
Use Permit request, the applicant does not request approval of new construction, but
rather for permission to conduct a new retail -type of business in an existing vacant
automobile sales lot.
The proposed project can be found consistent with the General Plan and Municipal
Code as analyzed within this staff report. It is staff's opinion that the proposed project,
as conditioned allows the Planning Commission to make all of the required findings for
project approval.
ALTERNATIVES
1. The Commission may recommend modifications to the project and/or Conditions
of Approval for the project.
2. The Commission may determine that more information is needed on some
aspect of the project and may refer the item back to the applicant and staff to
develop the additional information. The Commission should clearly state the type
of information that is required and move to continue the item to a future date.
3. The Commission may deny the project. The Commission should specify the
reasons for denial of the project and make an associated finding with such
action.
ATTACHMENTS:
Attachment 1:
Location Map, General Plan, and Zoning
Attachment 2:
Aerial
Attachment 3:
Class 1, Categorical Exemption
Attachment 4:
CUP 99-002 Original Conditions and 2000 Amendment Conditions
Attachment 5:
Draft Resolution PC 2008-0036
Attachment 2: Aerial
' - .
4800 San Palo Rd.
° Proposed for Manufactured
Home and RV sales lot use
Owner: Gary Gramspacher ,R
4900 San Palo Rd.
existing building proposed to be
used as office for Manufactured
Homes and RV sales
_ Y
e • \ \ r'�
5000 San Palo
° Existing boat sales lot use
o
Owner: San Palo Partners, LLC
Attachment 3: Class 1, Categorical Exemption
CITY OF ATASCADERO
NOTICE OF EXEMPTION
6907 EI Camino Real Atascadero, CA 93422 805.461.5000
TO: ® File
FROM: Callie Taylor, Associate Planner
City of Atascadero
6907 EI Camino Real
Atascadero, CA 93422
Date Received for Filing
SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public
Resources Code.
Project Title: PLN 2008-1295; Amendment to CUP 99-002;
Manufactured homes and recreational vehicle sales lot
Project Location: 4800 San Palo Road., Atascadero, 93422; San Luis Obispo County
APN 049-225-009
Project Description: Conditional Use Permit to allow for the sale of manufactured homes and
recreational vehicles at an existing automobile dealership.
Name of Public Agency Approving Project: City of Atascadero
Name of Person or Agency Carrying Out Project: Manufactured Home Sales of Calif. Inc.,
PO Box 1625 Atascadero, CA 93423
Exempt Status:
❑ Ministerial (Sec. 15073) ❑ Emergency Project (Sec. 1507 (b) and (c))
❑ Declared Emergency (Sec. 15061 (a)) ❑ General Rule Exemption (Sec. 15061.c)
® Categorically Exempt (Sec. 15301)
Reasons why project is exempt: Class 1 of the California Environmental Quality Act (CEQA)
(Section 15301, Existing Facilities) exempts the permitting and operation of facilities involving
negligible or no expansion.
Contact Person: Callie Taylor, City of Atascadero (805) 470-3448
Date: June 17, 2008
Callie Taylor
Attachment 4: CUP 99-002 Original Conditions
EXHIBIT B
Resolution No. PC 1999-013
Conditions for Conditional Use Permit 99002
April 20, 1999
CONDITIONS
Engineering Division:
All public and drainage improvements shall be constructed in conformance with the City of
Atascadero Engineering Department Standard Specifications and Drawings or as directed by
the City Engineer.
2. The applicant shall enter into an Plan Check/Inspection agreement with the City. Prior to
recordation of the parcel map, all outstanding plan check/inspection fees shall be paid.
3. The applicant shall be responsible for the relocation and/or alteration of existing utilities. All
new utilities (water, gas, electric, cable TV, telephone, etc.) shall be installed underground or
as approved by the Community Development Director.
4. The applicant shall submit a grading and drainage plan, prepared by a registered civil
engineer, for review and approval by the City Engineer prior to the issuance of building
permits. The applicant shall submit a written statement from a registered civil engineer that
all work has been completed and is in full compliance with the approved plans and the
Uniform Building Code (UBC) prior to the final inspection.
5. The San Palo Road property frontage shall be improved in conformance with the plans
accepted by the City Engineer, prepared by Cannon Associates, dated 02/25/99. The street
improvements shall be accepted as complete by the City Engineer prior to final inspection.
6. The applicant shall monument all property corners for construction control and shall
promptly replace them if disturbed.
7. The applicant shall acquire title or interest in any off-site land that may be required to allow
for the construction of the improvements. The applicant shall bear all costs associated with
the necessary acquisitions. The applicant shall also gain concurrence from all adjacent
property owners whose ingress or egress is affected by these improvements.
8. Drainage from the project site shall not be permitted to flow over any sidewalk, driveway
approach or pedestrian walkway within the public right-of-way unless otherwise approved by
the City Engineer.
Attachment 4: CUP 1999-002 Original Conditions
Community Development:
9. The planter along the rear (southwesterly) property line shall be enlarged to at least six feet
wide, and the landscape plans shall include additional medium -height shrubs and trees, with
the intent of increasing screening between properties, to the approval of the Community
Development Department.
10. Any exterior lighting must be designed to eliminate glare onto the adjacent street or nearby
properties, to the approval of the Community Development Department. Display area
lighting standards shall not exceed 22' in height.
11. Any loudspeaker system used for communication with salespeople outside shall be turned off
after 6:00 p.m. every night.
12. The southeasterly driveway shall be eliminated. Only one access to the site shall be provided,
unless otherwise approved by the Community Development Director.
Attachment 4: CUP 1999-002 2000 Amendment Conditions
Exhibit A
Conditions of Approval
Reconsideration of Conditional Use Permit 99002
2650 & 2600 El Camino Real
Community Development Conditions:
1. All development shall be consistent with proposed site plan and elevations as shown
in Exhibit B, with the fo-llowing exceptions:
a. Drainage plans to be reviewed and approved by Community Development
department and City Engineer.
2. This use permit grants a temporary occupancy to use the site for automotive sales
display for sixty days following Planning Commission Approval or until an approved
building permit has been issued and finaled. All allowed uses shall expire on the
subject property (APN 049-222-046) on June 17, 2000 if a building permit, including
all required Conditional Use Permit conditions herein have not been completed.
3. The approval of this Use Permit shall become final and effective for the purposes of
issuing building permits fourteen (14) days following the Planning Commission
approval unless prior to the time, an appeal to the decision is filed as set forth in
section 9-1.111 (b) of the Zoning Ordinance.
4. The granting of this Conditional use Permit shall apply only to the site located at
6000 San Palo (APN 049-222-046).
5. The Community Development Director shall have the authority to approve minor
changes to the project that (1) increase the intensity of the project by less than 10%
(2) result in a superior site design or appearance, and/or (3) address a construction
design issue that is not substantive to the Conditional Use Permit.
6. A landscapeiirrigation plan shall be reviewed and approved by the Community
Development Department (building permit review). Landscaping shall be developed
consistent with Exhibit `B" with the following landscaping to be planted in
reasonable quantities:
a. 15 gallon Coast live oak trees to be planted 35 feet on center near bottom of slope
at San Palo frontage.
b. Five gallon size Ceanothus shrubs to be planted on the slope area.
c. One gallon size Trailing Rosemary to be planted on the slope area.
Attachment 4: CUP 1999-002 2000 Amendment Conditions
Engineering Conditions:
16. All public improvements and drainage improvements shall be constructed in
conformance with the City of Atascadero Engineering Department Standard
Specifications and Drawings or as directed by the City Engineer.
17. The applicant shall enter into a Plan Check/Inspection agreement with the City.
18. Prior to issuance of building permits, plans shall be submitted for review and
approval by the City Engineer for all improvements required by these conditions of
approval. Plans shall be prepared by a registered civil engineer and shall be prepared
in conformance with City Standards.
19. Prior to the final inspection, the applicant shall submit a written statement from a
registered civil engineer that all work has been completed and is in full compliance
with the approved plans and the uniform Building Code (UBC) prior to the final
inspection.
20. Offers -of -dedication shall be provided for all public improvements which are
constructed outside of existing rights-of-way.
21. Easements shall be provided as needed to accommodate cut or fill slopes, and or
property development which cross property boundaries.
22. The applicant shall acquire title or interest in any off-site land that may be required to
allow for the construction of the improvements required by these conditions of
approval. The applicant shall bear all costs associated with the necessary
acquisitions. The applicant shall also gain concurrence from all adjacent property
owners whose ingress or egress is affected by these improvements.
23. The applicant shall submit a grading and drainage plan prepared by a registered civil
engineer for review and approval by the City Engineer.
24. The applicant shall submit the drainage calculations needed to demonstrate that
existing drainage facilities have adequate capacity to convey the total flow from
the fully developed site and adjacent watershed without adverse affect on other
properties.
25. All storm drain facilities shall be designed and constructed in conformance with City
Standards. An encroachment permit will be required for any drainage onto City Right
of Way.
26. The applicant shall submit the drainage calculations needed to demonstrate that the
100 -year design flow can be safely conveyed across the project site.
ATTACHMENT 5: Draft Resolution PC 2008-0036
DRAFT RESOLUTION PC 2008-0036
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING AN
AMENDMENT TO CONDITIONAL USE PERMIT 1999-0002
PLN 2008-1295
4800 SAN PALO ROAD (APN 049-225-009)
(GRAMSPACHER / MANUFACTURED HOME SALES, INC.)
WHEREAS, an application has been received from Manufactured Home Sales of
California, Inc., PO Box 1625 Atascadero, CA 93423 (Applicant), and Gary Gramspacher, PO
Box 841, Clayton, CA 94517 (Property Owner) to consider a project consisting of an
Amendment to Conditional Use Permit 1999-002 (PLN 2008-1295) to allow for the sale of
manufactured homes and recreational vehicles at 4800 San Palo,
and,
WHEREAS, the site's current General Plan Designation is General Commercial (GC);
WHEREAS, the site's current Zoning is Commercial Tourist (CT); and,
WHEREAS, an amendment to Conditional Use Permit 1999-002 is required to allow the
sale of manufactured homes and recreational vehicles within the Commercial Tourist zone; and,
WHEREAS, the proposed use is CEQA exempt: Article 19. Categorical Exemptions,
Class 1, Section 15301. Existing Facilities; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional
Use Permit Amendment application was held by the Planning Commission of the City of
Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said
Conditional Use Permit Amendment; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on June 17, 2008, studied and considered the Conditional Use Permit
Amendment (PLN 2008-1295), and,
NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Findings of Environmental Exemption. The Planning Commission finds
as follows:
1. The proposed project has been found Categorically Exempt under Class 1, Section 15301
of the California Environmental Quality Act.
SECTION 2. Findings for approval of Conditional Use Permit. The Planning
Commission finds as follows:
1. The proposed project or use is consistent with the General Plan; and,
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance); and,
3. The establishment, and subsequent operation or conduct of the use will not, because
of the circumstances and conditions applied in the particular case, be detrimental to
the health, safety, or welfare of the general public or persons residing or working in
the neighborhood of the use, or be detrimental or injurious to property or
improvements in the vicinity of the use; and,
4. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development; and,
5. That the proposed use or project will not generate a volume of traffic beyond the safe
capacity of all roads providing access to the project, either existing or to be improved
in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular
session assembled on June 17, 2008 resolved to approve PLN 2008-1295, an Amendment to
CUP 99-002, subject to the following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Site Plan
On motion by Commissioner , and seconded by Commissioner
, the foregoing resolution is hereby adopted in its entirety by
the following roll call vote:
AYES: ( )
NOES: ( )
ABSTAIN: ( )
ABSENT: ( )
ADOPTED:
CITY OF ATASCADERO, CA
Roberta Fonzi
Planning Commission Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
EXHIBIT A: Conditions of Approval
(PLN 2008-1295 / Amendment to CUP 1999-002)
Conditions of Approval /
Timing
Responsibility/
Mitigation Monitoring Program
Monitoring
FM: Final Map
BL: Business License
PS: Planning Services
BS: Building Services
4800 San Palo Road
GP: Grading Permit
FD: Fire Department
PD: Police Department
PLN 2008-1295
BP: Building Permit
Fl: Final Inspection
CE: City Engineer
TO: Temporary Occupancy
F0: Final Occupancy
WW: Wastewater
CA: City Attorney
Amendment to CUP 1999-002
Planning Services
1. In addition to the auto sales use and boat sales lot use previously allowed by
BL, ongoing
PS
CUP 1999-002, manufactured home sales and RV sales shall be added to the
allowed uses on the site at APN 049-225-009, regardless of owner. The sales
lot use shall consist of a permanent outdoor sales facility for the sale of
manufactured homes and recreational vehicles.
The following shall not be allowed to take place on-site as part of the approval of
this sales lot use: motorized farm equipment, heavy commercial trucks,
construction equipment or other heavy equipment sales, outdoor equipment
rental yards, and temporary outdoor sales activities, including, but not limited to,
swap meets and flea markets.
2. The approval of this use permit shall become final and effective for the purposes
BL
PS
of issuing building permits fourteen (14) days following the Planning Commission
approval unless prior to the time, an appeal to the decision is filed as set forth in
Section 9-1.111(b) of the Zoning Ordinance.
3. The Community Development Department shall have the authority to approve
BL
PS, CE
the following minor changes to the project that (1) modify the site plan project by
less than 10%, (2) result in a superior site design or appearance, and/or (3)
address a construction design issue that is not substantive to the Master Plan of
Development. The Planning Commission shall have the final authority to
approve any other changes to the Master Plan of Development and any
associated Tentative Maps unless appealed to the City Council.
4. All conditions identified with the original CUP 1999-002 and the 2000
ongoing
PS
amendment shall remain in effect.
5. Any changes to the site plan or structures shall require an amendment to the
ongoing
PS
Conditional Use Permit.
6. Landscaping shall be replanted and maintained in good condition in accordance
Ongoing
PS
with the original CUP conditions.
7. The office at 4900 San Palo Road (APN 049-225-017) may be used for
Ongoing
PS
manufactured home sales office use. No other portion of the site at 4900
San Palo may be used as a sales lot use.
EXHIBIT B: Site Plan
4900 San Palo Rd.
° Existing building proposed to be
used as office for Manufactured
Homes and RV sales
° Previous sales office for auto dealer
° Located on same parcel as the
Hotel
Iiomy tui
Palo
Road = - --- - —_-
PALO
'SM
7-1
-. t 1
4800 Sin a �'� 5000 San Palo Rd.
MW
,
1 L J
4800 San Palo Rd. 5000 San Palo
• Proposed for Manufactured Home and ° Existing boat sales lot use
RV sales lot use ° Owner: San Palo Partners, LLC
° Owner: Gary Gramspacher
ITEM NUMBER: 8
DATE: 6-17-08
Planning Commission Staff Report
Staff Report - Community Development Department
Callie Taylor, Associate Planner, 470-3448, ctaylor@atascadero.org
PLN 2006-1160
Tentative Tract Map 2006-0096
7705 Santa Ysabel Avenue
(Royce Construction & Development, Inc.,)
SUBJECT:
The project consists of a proposed condominium map to create four (4) airspace units
on one common lot. One existing residence is proposed to remain on site. Three new
units are proposed towards the rear of the lot.
RECOMMENDATION:
Planning Commission adopt Resolution PC 2008-0035 approving Tentative Tract Map
2006-0096 (PLN 2006-1160), to establish four airspace condominium units on one
common lot, based on findings and subject to conditions.
SITUATION AND FACTS:
1. Applicant/Owner: Royce Construction & Development, Inc.,
10780 Vista Road, Atascadero, CA 93422
2. Project Address: 7705 Santa Ysabel Avenue, Atascadero, CA 93422
APN: 030-101-042
3. General Plan Designation: High Density Residential
4. Zoning District: Residential Multi -Family - 16 (Maximum 16 du/ac)
5. Site Area: 0.405 acres (approximately 17,641 square feet)
6. Existing Use: One existing residence
7. Environmental Status: Categorical Exemption: Class 15 and Class 32
ITEM NUMBER: 8
DATE: 6-17-08
DISCUSSION:
Background:
The property is located on the east side of Santa Ysabel Avenue within the RMF -16
Zoning District. The parcel is currently developed with one existing residence. City
sewer serves the property, and water is available from the Atascadero Mutual Water
Company.
Analysis.
The proposed map will create four airspace units on one legal lot of record. The existing
unit is approximately 1,102 square feet. The existing garage is proposed to be removed
to make room for a new driveway which would serve all four units. An existing carport
would provide covered parking for the existing residence. The three new residences are
proposed at 1,112 square feet each with oversized attached one -car garages. Two
guest parking spaces are provided towards the rear of the lot, and an additional two
parking spaces are provided in the driveways of each of the three new units. The
Zoning Ordinance requires that a minimum of 8 parking spaces be provided for a four
unit development with one 2 -bedroom and three 3 -bedroom units. The proposed project
is designed to meet the parking requirements of the Zoning Ordinance.
Elevation: 3 new units
ITEM NUMBER: 8
DATE: 6-17-08
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Site & Landscape Plan
The City's Municipal Code requires that during a condominium conversion, all
structures, driveways, landscaped areas, common areas, and facilities shall be
refurbished and restored to a safe and usable condition. The existing unit on this lot will
be renovated as part of this Tract Map. Laundry facilities will be required to be installed,
consistent with the City's multi -family development requirements. The property shall be
required to complete all items addressed in the property condition report and pest
inspection report on file. The property condition report noted that the fence needs
rebuilding at the side of the garage, spa gate closer & gate latch to be replaced, and
moisture and insect damage throughout the house and patio shall be repaired. The
garage door, roof shingles, flashing, main value in front of house, waste line trap, water
heater, breakers, outlets, laundry facilities, dishwasher, toilets, sinks, interior stair,
sprinklers, firewall, and fire door shall be repaired and brought to current Building Code
standards. All chain link fencing will be required to be replaced to be consistent with the
fencing plan. These items have been conditioned to be fixed or completed prior to
recording the final map (Condition 14.)
ITEM NUMBER: 8
DATE: 6-17-08
Public Improvements:
The project has been conditioned to slurry seal Santa Ysabel Avenue across the
frontage of the property to a width of half the roadway plus 10 feet (City Engineer
Condition 1.) All utilities will be required to be installed underground along the project
frontage (City Engineer Condition 32).
Environmental Review:
The project qualifies for a Class 15 and a Class 32 Categorical Exemption. Class 15 of
CEQA (Section 15315) exempts the division of residentially zoned property in urbanized
areas zoned into four or fewer parcels. Class 32 exempts in -fill development which
meets all of the requirements of Section 15332.
CONCLUSION:
The proposed condominium map, as conditioned, is consistent with the 2002 General
Plan and Zoning Ordinance and the airspace configurations are consistent with the
requirements of the Subdivision Ordinance. Staff recommends the Planning
Commission approve the Tentative Tract Map as conditioned.
ALTERNATIVES:
1. The Commission may approve the map with modified project conditions.
2. The Commission may continue the hearing and refer the item back to staff for
additional information or analysis. Direction should be given to staff and the
applicant on required information.
3. The Commission may deny the map if it is found to be inconsistent with the General
Plan or any of the other required findings. The Commission's motion to deny must
include a finding basis for denial.
ATTACHMENTS:
Attachment 1 -- Location Map (General Plan & Zoning)
Attachment 2 — Categorical Exemption
Attachment 2 -- Draft Resolution PC 2008-0035
ITEM NUMBER: 8
DATE: 6-17-08
ATTACHMENT 1: Location Map (General Plan / Zoning)
TTM 2006-0096 (PLN 2006-1160)
7705 Santa Ysabel Avenue
Zone: Residential Multi -Family - 16 du/ac (RMF -16)
Land Use Designation: High Density Residential (HDR)
ITEM NUMBER: 8
DATE: 6-17-08
ATTACHMENT 2: Categorical Exemption
TTM 2006-0096 (PLN 2006-1160)
7705 Santa Ysabel Avenue
CITY OF ATASCADER0
NOTICE OF EXEMPTION
6907 El Camino Real Atascadero, CA 93422 805.461.5000
TO: ® File
FROM: City of Atascadero
6907 El Camino Real
Atascadero, CA 93422
SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code
Project Title: Tentative Tract Map 2006-0096 (PLN 2006-1160)
Project Location (Include County: 7705 Santa Ysabel, Atascadero, California 93422
(San Luis Obispo County)
Project Description: The project will create 4 airspace condominium units on one common lot, allowing individual sale
of the units within a multi -family project. The existing unit is proposed to remain and the construction of three new
units on the site is proposed.
Name of Public Agency Approving Project: City of Atascadero
Name of Person or Agency Carrying Out Project: Royce Construction
10780 Vista Rd. Atascadero, CA 93422
Exempt Status:
❑ Ministerial (Sec. 21080 (b)(1); 15268)
❑ Declared Emergency (Sec. 21080(b)(3); 15269(a))
❑ Emergency Project (Sec.21080 (b)(4); 15269(b)(c))
® Categorical Exemption (Sec. 15315, Minor Land Divisions and Sec. 15332, Infill Developments)
Reasons why project is exempt:
Class 32 of CEQA (Section 15332) Exempts in -fill development which is less than five acres, served by all required
utilities, consistent with the General Plan and Zoning Ordinance, does not affect habit of endangered species, and
would not result in any significant affects relating to traffic, noise, air quality, pr water quality.
Class 15 of CEQA (Section 15315) exempts the division of residentially zoned property in urbanized areas zoned
into four or fewer parcels.
Date: June 10, 2008
Callie Taylor
Associate Planner
ITEM NUMBER: 8
DATE: 6-17-08
ATTACHMENT 3: Draft Resolution PC 2008-0035
TTM 2006-0096 (PLN 2006-1160)
7705 Santa Ysabel Avenue
DRAFT RESOLUTION PC 2008-0035
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO APPROVING
TENTATIVE TRACT MAP 2006-0096, ESTABLISHING
FOUR AIRSPACE UNITS ON ONE COMMON LOT
AT 7705 SANTA YSABEL AVENUE APN 030-101-042
(ROYCE CONSTRUCTION AND DEVELOPMENT, INC.)
WHEREAS, an application was received from Royce Construction & Development,
Inc., 10780 Vista Road, Atascadero, CA 93422 (Owner/Applicant), to consider a Tentative
Tract Map to establish four (4) airspace units on one common lot on APN 030-101-042; and,
WHEREAS, the site's current General Plan Designation is High Density Residential
(HDR); and,
WHEREAS, the site's current zoning district is RMF -16 (Residential Multi -family —
16); and,
WHEREAS, a Categorical Exemption (Class 32 and Class 15) was prepared for the
project in accordance with the requirements of the California Environmental Quality Act
(CEQA); and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative
Tract Map application was held by the Planning Commission of the City of Atascadero on June
17, 2008, at which both oral and documentary evidence was admitted on behalf of said project;
and,
NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Findings for approval of Tentative Tract (Condominium) Map. The
Planning Commission finds as follows:
1. The proposed map, as conditioned, is consistent with the General Plan and
applicable zoning requirements; and,
2. The design and improvement of the proposed map, as conditioned, is consistent
with the General Plan and applicable zoning requirements; and,
3. The site is physically suitable for the density of development proposed; and,
ITEM NUMBER: 8
DATE: 6-17-08
4. The design and improvement of the proposed map will not cause substantial
environmental damage or substantially and unavoidably injure fish and wildlife or
their habitat; and,
5. The map is consistent with the character of the immediate neighborhood; and,
6. The design of the condominium map 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; and,
7. The proposed condominium map design and type of improvements proposed will
not cause serious public health problems.
SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a
regular session assembled on June 17, 2008 resolved to approve Tentative Tract Map 2006-0096
subject to the following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Tentative Tract Map 2006-0096
On motion by Commissioner _
Commissioner
entirety by the following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
ABSTAINED:
ATTEST:
Warren M. Frace
Planning Commission Secretary
ITEM NUMBER: 8
DATE: 6-17-08
, and seconded by
the foregoing resolution is hereby adopted in its
CITY OF ATASCADERO, CA
Roberta Fonzi
Planning Commission Chairperson
ITEM NUMBER
DATE: 6-17-08
EXHIBIT B: Conditions of Approval
TTM 2006-0096 / PLN 2002-1160
Conditions of Approval
Timing
Responsibility
TTM 2006-0096 / PLN 2006-1160
/Monitoring
BL: Business License
GP: Grading Permit
PS: Planning Services
7705 Santa Ysabel Avenue
BP: Building Permit
BS: Building Services
FD: Fire Department
FI: Final Inspection
TO: Temporary
PD: Police Department
Occupancy
CE: City Engineer
F0: Final Occupancy
WW: Wastewater
CA: City Attorney
Standard Planning Conditions
1. The approval of this application shall become final, subject to the completion
FM
PS
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 its
FM
PS
effective date. At the end of the period, the approval shall expire and become
null and void unless an extension of time is granted pursuant to a written
request received prior to the expiration date.
3. The Community Development Department shall have the authority to approve
FM
PS
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 Tract Map.
4. A tract map drawn in substantial conformance with the approved tentative
FM
PS
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 City of
Ongoing
CA
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. The parcel map shall be subject to additional fees for park or recreation
FM
PS
purposes (QUIMBY Act) as required by City Ordinance.
7. Prior to final map, the applicant shall submit CC&Rs for review and approval
FM
PS/PW
by the Community Development Department. The CC&R's shall record with
the Final Map and shall include the following:
a. Exclusive use easements for private yard areas.
b. Provisions for maintenance of all common areas including access,
parking, street trees, fencing and landscaping.
C. Provisions for financing maintenance and upkeep of all common
areas.
d. A detailed list of each individual homeowner's responsibilities for
maintenance of the individual units.
e. Individual unit's responsibility for keeping all trash receptacles within
ITEM NUMBER
DATE: 6-17-08
Conditions of Approval
Timing
Responsibility
TTM 2006-0096 / PLN 2006-1160
/Monitoring
BL: Business License
GP: Grading Permit
PS: Planning Services
7705 Santa Ysabel Avenue
BP: Building Permit
BS: Building Services
FD: Fire Department
FI: Final Inspection
TO: Temporary
PD: Police Department
Occupancy
CE: City Engineer
F0: Final Occupancy
WW: Wastewater
CA: City Attorney
the unit's garage.
f. A provision requiring that individual garages be maintained for
vehicle parking.
g. Fencing Standards and approved locations
h. A provision for review and approval by the City Community
Development Department for any changes to the CC&R's that relate
to the above requirements prior to the changes being recorded or
taking effect.
8. Prior to recordation of the final map, the applicant shall submit a condominium
FM
PS/PW
plan for recording concurrently with the final map. A qualified licensed
professional shall prepare the final map and the condominium plan.
10. Laundry facilities shall be provided within each individual dwelling unit,
FO
PS
including the existing unit.
11. Each unit will be provided a minimum of 100 square feet of enclosed storage
FO
PS/BS
space, exclusive of closets.
12. Each unit will be responsible for its individual trash receptacle and shall keep
FO
PS/BS
it screened from public view, except on trash pickup day.
13. The driveway will be installed with decorative concrete or pavers as noted on
BP/FO
PS
plan.
14. In accordance with the Property Condition Report, the following shall be
FM
PS/BS/PW
completed prior to recordance of the final map:
• Rebuild fence at the side of the garage
• Spa gate closer & gate latch to be replaced
• Moisture and insect damage throughout the house and patio shall be repaired
• Garage door, roof shingles, flashing, main value in front of house, waste line
trap, water heater, breakers, outlets, laundry facilities, dishwasher, toilets,
sinks, interior stair, sprinklers, firewall, and fire door shall be repaired and
brought to current building code standards.
• All chain link fencing will be required to be replaced to be consistent with the
fencing plan.
• All areas of concern noted in pest report shall be addressed and repaired. All
work shall be addressed and repaired. All work shall be reinspected by a
licensed pest control operator to be deemed repaired.
ITEM NUMBER
DATE: 6-17-08
Conditions of Approval
Timing
Responsibility
TTM 2006-0096 / PLN 2006-1160
/Monitoring
BL: Business License
GP: Grading Permit
PS: Planning Services
7705 Santa Ysabel Avenue
BP: Building Permit
BS: Building Services
FD: Fire Department
FI: Final Inspection
TO: Temporary
PD: Police Department
Occupancy
CE: City Engineer
F0: Final Occupancy
WW: Wastewater
CA: City Attorney
Public Works Project Conditions
City Engineer Project Conditions
1. The two underlying parcels Portion 4, Block G -A and Portion 13 Block G -A,
FM
CE
shall be merged as a requirement of the final map.
2. Per municipal code section 9-4.160, the developer shall slurry seal Santa
GP, BP
CE
Ysabel Avenue across the frontage of the property to a width of 1/2 the
roadway plus 10'.
City Engineer Standard Conditions
3. In the event that the applicant bonds for the public improvements required as
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CE
a condition of this map, the applicant shall enter into a Subdivision
Improvement Agreement with the City Council.
4. An engineer's estimate of probable cost shall be submitted for review and
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CE
approval by the City Engineer to determine the amount of the bond.
5. The Subdivision Improvement Agreement shall record concurrently with the
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Final Map.
6. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to
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CE
the property frontage.
7. The applicant shall acquire title interest in any off-site land that may be
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CE
required to allow for the construction of the improvements. The applicant shall
bear all costs associated with the necessary acquisitions. The applicant shall
also gain concurrence from all adjacent property owners whose ingress and
egress is affected by these improvements.
8. Slope easements shall be obtained by the applicant as needed to
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CE
accommodate cut or fill slopes.
9. Drainage easements shall be obtained by the applicant as needed to
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CE
accommodate both public and private drainage facilities.
10. A preliminary subdivision guarantee shall be submitted for review in
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conjunction with the processing of the parcel map.
11. The final parcel map shall be signed by the City Engineer prior to the map
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being placed on the agenda for City Council acceptance.
12. Prior to recording the parcel map, the applicant shall pay all outstanding plan
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check/inspection fees.
13. Prior to recording the parcel map, the applicant shall bond for or complete all
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improvements required by these conditions of approval.
ITEM NUMBER
DATE: 6-17-08
Conditions of Approval
Timing
Responsibility
TTM 2006-0096 / PLN 2006-1160
/Monitoring
BL: Business License
GP: Grading Permit
PS: Planning Services
7705 Santa Ysabel Avenue
BP: Building Permit
BS: Building Services
FD: Fire Department
FI: Final Inspection
TO: Temporary
PD: Police Department
Occupancy
CE: City Engineer
F0: Final Occupancy
WW: Wastewater
CA: City Attorney
14. Prior to recording the parcel map, the applicant shall submit a copy of a valid
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tax bond.
15. Prior to recording the parcel map, the applicant shall bond for or set
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monuments at all new property corners. A registered civil engineer or licensed
land surveyor shall indicate by certificate on the parcel map, that corners have
been set or shall be set by a date specific and that they will be sufficient to
enable the survey to be retraced.
16. Prior to recording the parcel map, the applicant shall submit a map drawn in
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substantial conformance with the approved tentative map and in compliance
with all conditions set forth herein. The map shall be submitted for review and
approval by the City in accordance with the Subdivision Map Act and the
City's Subdivision Ordinance.
17. All existing and proposed utility, pipeline, open space, or other easements are
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CE
to be shown on the parcel map. If there are building or other restrictions
related to the easements, they shall be noted on the parcel map. The
applicant shall show all access restrictions on the parcel map.
18. Prior to recording the parcel map, the applicant shall have the map reviewed
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CE
by all applicable public and private utility companies (cable, telephone, gas,
electric, Atascadero Mutual Water Company). The applicant shall obtain a
letter from each utility company indicating their review of the map. The letter
shall identify any new easements that may be required by the utility company.
A copy of the letter shall be submitted to the City. New easements shall be
shown on the parcel map.
19. Prior to the issuance of building permits the applicant shall submit plans and
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supporting calculations/reports including street improvements, underground
utilities, composite utilities, and grading/drainage plans prepared by a
registered civil engineer for review and approval by the City Engineer.
20. Prior to the issuance of building permits the applicant shall submit calculations
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CE
to support the design of any structures or pipes. Closed conduits shall be
designed to convey the 10 -year flow with gravity flow, the 25 -year flow with
head, and provide safe conveyance for the 100 -year overflow.
21. Prior to the issuance of building permits the applicant shall provide for the
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CE
detention and metering out of developed storm runoff in accordance with City
Engineering Standards.
22. Drainage basins shall be designed to desilt, detain and meter storm flows as
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CE
well as release them to natural runoff locations.
23. A mechanism for funding and maintenance of the storm drain facilities shall
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CE
be provided.
24. Prior to the issuance of building permits the applicant shall show the method
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of dispersal at all pipe outlets. Include specifications for size & type.
ITEM NUMBER
DATE: 6-17-08
Conditions of Approval
Timing
Responsibility
TTM 2006-0096 / PLN 2006-1160
/Monitoring
BL: Business License
GP: Grading Permit
PS: Planning Services
7705 Santa Ysabel Avenue
BP: Building Permit
BS: Building Services
FD: Fire Department
FI: Final Inspection
TO: Temporary
PD: Police Department
Occupancy
CE: City Engineer
F0: Final Occupancy
WW: Wastewater
CA: City Attorney
25. Prior to the issuance of building permits the applicant shall show method of
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CE
conduct to approved off-site drainage facilities.
26. Concentrated drainage from off-site areas shall be conveyed across the
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CE
project site in drainage easements. Acquire drainage easements where
needed. Drainage shall cross lot lines only where a drainage easement has
been provided. If drainage easement cannot be obtained the storm water
release must follow the exact historic path, rate and velocity as prior to the
subdivision.
27. All public improvements shall be constructed in conformance with the City of
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CE
Atascadero Engineering Department Standard Specifications and Drawings
or as directed by the City Engineer
28. Off-site streets shall be improved consistent with the tentative parcel map.
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CE
29. Project shall include construction of curb, gutter and sidewalk along entire
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CE
frontage.
30. Alignment of frontage improvements shall be approved by the City Engineer.
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CE
31. A mechanism to provide for the funding of maintenance for lighting, street
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CE
improvements, special paving surfaces, sewer, storm drain, common area
landscape, open space, and hardscape shall be provided.
32. All utilities shall be undergrounded on project frontage
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CE
33. A mechanism must be provided to fund the maintenance of all sewer mains
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CE
throughout the project area. The developer shall establish a benefit
maintenance assessment district, or similar funding mechanism, approved by
the City, to provide sufficient funds, on an annual basis, to pay for the
maintenance activities on the sewer mainline and related facilities within the
project area.
34. All on-site sewer mains shall be privately owned and maintained.
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35. Prior to recording the final map, provisions for the repair and maintenance of
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the private SS shall be included in the CC&R's for this parcel. Included shall
be a mechanism to maintain the private sewer and structures, such as a
homeowners association. The City Engineer and City Attorney shall approve
the final form prior to recordation.
36. Applicant shall pay sewer extension (Annexation), Connection and
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Reimbursement fees (if applicable) upon issuance of building permit.
37. Drainage piping serving fixtures which have flood level rims located below the
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elevation of the next upstream manhole cover of the public or private sewer
serving such drainage piping shall be protected from backflow of sewage by
installing an approved type backwater valve. Fixtures above such elevation
shall not discharge through the backwater valve.
EXHIBIT B: Tentative Tract Map
PLN 2006-1160/TTM 2006-0096
.............
ITEM NUMBER: 8
DATE: 6-17-08
ITEM NUMBER:
9
DATE: 6-17-08
Atascadero Planning Commission
Staff Report - Public Works Department
2008 Update of the 2007 Five -Year Capital Improvement Plan
(City of Atascadero)
SUBJECT:
2008 Planning Commission annual review and approval of the City's Five -Year
Capital Improvement Plan (CIP).
RECOMMENDATION:
1. Adopt Resolution PC 2008-0027 notifying the City Council that the Planning
Commission has found the 2008 Update of the 2007 Five -Year Capital
Improvement Plan consistent with the General Plan, based on findings.
Situation and Facts:
1. Applicant: City of Atascadero Public Works Department, 6907
EI Camino Real, Atascadero, CA 93422
2. Project Location: Citywide
3. Environmental Status: Consistent with the adopted General Plan EIR and
mitigation monitoring program. Individual CIP
projects are subject to CEQA review.
Background:
This is the second year of the 2007-2009 Five Year Capital Improvement Plan
(Capital Plan). The City Planning Commission is required to annually review the
Capital Plan and forward its findings to the City Council. City staff continues to
implement the Capital Improvement Plan to fulfill the City's goals.
The City of Atascadero General Plan identifies the following policies and programs
that require the City to prepare, review, and approve a Capital Plan that is consistent
with the General Plan Goals, Policies, and Programs. The policies and programs
are as follows:
Policy 15.2: Maintain an updated Capital Improvements Plan (CIP) that forecasts
needs at least five years into the future and conforms to General plan policies
and programs.
- Program 1: The Planning Commission shall annually review the Capital
Improvements Program for consistency with the General Plan and forward its
findings to the City Council.
Staff has prepared this report, attachments, and exhibits for Planning Commission
review, comment, and recommendation to the City Council. Per the General Plan,
this CIP review will occur on an annual basis. The last Planning Commission review
occurred on June 5, 2007.
Analysis:
City Staff has selected projects for the next five years that will conform to the
General plan policies and programs under the available funding. Listed below are
General Plan Policies and how the Capital Improvement Plan complies with them:
1. ROADS AND BRIDGE PROJECTS
a. Circulation Element Policy 1.3. Maintain Length of Service' (LOS) C or better
as the standard at all intersections and on all arterials and collectors.
- The City has completed an Interchange Operational Improvement Study
since the last Capital Plan Report. City staff has identifed improvements
that will increase capacity and level of service to the following roads
crossing US 101 from EI Camino Real to westerly connectors: Morro
Road, Traffic Way, Santa Rosa Road, Curbaril Avenue, and San Anselmo
Avenue Projects will be completed this fall.
b. Circulation Element Policy 1.1.1. Maintain an updated Capital Improvement
Plan and pursue construction of the circulation system improvements listed in
the Table III -11 of the Circulation Element.
- The Santa Cruz Road landslide repair has been completed. The City is
currently designing road improvements to allow all weather access on
Balboa Road. This will provide a safety enhancement under the
miscellaneous section of Table III -11 of the Circulation Element.
2. DRAINAGE PROJECTS
' Traffic operations are evaluated by determining level of service, a quantitative measure of traffic operating
conditions, whereby a letter grade of A through F is assigned to an intersection or roadway segment to represent
progressively worsening traffic conditions. A level of service of C or better represents stable traffic conditions.
A level of service of C will have delays of 20 to 35 seconds at signalized intersections andl5 to 20 seconds at
stop controlled intersections.
a. Safety & Noise Element Policy 2.2.2. "Develop a prioritized list of proposed
capital improvement projects for low-lying, flood -prone areas, and seek
funding for these projects."
- Drainage Improvement Program. This CIP program focuses projects to
mitigate flooding and drainage impacts. Some of the areas it focuses on
are Marchant Avenue and San Jacinto Road. These two drainage
projects in are currently in design.
3. FACILITIES PROJECTS
a. LOC Policy 12.2.2. "Establish a community/youth recreation center in the
vicinity of Downtown."
- Construction of new Corporation Yard. This project moved the old
Corporation Yard off a site that can now be used as a Youth Center. The
Corporation Yard is currently under construction. The Youth Center has
been completed.
4. PARKS PROJECTS
a. LOC Policy 12.2.1. Promote the Zoo, Lake Park, and other City Parks as
unique and valuable attractions.
- Projects include the renovation of the Atascadero Lake Park upper restroom to
make it ADA accessible, the Santa Rosa Road Pedestrian Bridge replacement,
and Lake Park Parking Lot Renovations. The upper Lake Park restroom has
been completed. The Santa Rosa Pedestrian Bridge is going to bid in May 2008
and the Parking Lot Renovations are under construction.
- Zoo entrance and bathroom facilities.
b. LOC Policy 12.2.2. "Establish a community/youth recreation center in the
vicinity of Downtown."
- Construction of Youth Center. The construction, site improvements and
furnishings for a new Youth Center Phase I is complete.
5. MISCELLANEOUS PROJECTS
a. Circulation Element Policy 2.3.4. "Enhance the Downtown streetscape so that
it is an enjoyable experience for pedestrians."; and
LOC Policy 4.2.3. "Develop a comprehensive streetscape and pedestrian
access plan for the Downtown area.
- Downtown Streetscape Projects. Pedestrian and operational
improvements including bulb outs, landscaped medians, street furniture,
and lighting for the Downtown according to the RVC Plan are currently
being designed for Phase II improvements. Staff anticipates the Phase II
improvements will be completed in the fall of 2009.
- Pedestrian Tunnel Improvements. Entrance improvements to the eastern
end of the pedestrian tunnel are currently being designed. Staff
anticipates the improvements will be constructed in the summer of 2009.
According to Program 1 above, the Planning Commission shall review the
improvement plan for consistency with the General Plan and forward its findings to
the City Council. General Plan Circulation Capital Improvements Table III -11
(Attachment A), provides a summary of circulation -related capital improvements to
be implemented. The proposed Five -Year CIP incorporates improvements from this
adopted list to be constructed.
Findings:
As identified in the General Plan, and attached as Exhibit A, the Capital
Improvement Plan shall be approved by the Planning Commission with appropriate
findings, as follows:
(i) The updated Capital Improvement Plan forecasts needs at least five years into
the future and conforms to General Plan Goals, Policies and Programs and the
overall intent of the General Plan;
(ii) Implementation of the Capital Improvement Plan aides in providing a safe and
efficient circulation system that serves all segments of the community, and is
designed and constructed to preserve rural character; and
(iii) Implementation of the Capital Improvement Plan will not create any new
significant and unavoidable impacts to traffic, infrastructure or public services;
and
(iv) The Capital Improvement Plan is consistent with the adopted General Plan EIR
and mitigation monitoring program.
ALTERNATIVES:
1. The Planning Commission may find the CIP inconsistent with the General
Plan.
2. The Planning Commission may continue the application and refer the project
back to staff for additional information or analysis.
PREPARED BY: David Athey, Deputy Public Works Director
ATTACHMENTS:
Attachment 1: General Plan Summary of Circulation Element Capital
Improvements
Attachment 2: General Plan Circulation Mitigation Projects Map
Attachment 3: Draft Resolution 2008-0027
Attachment 1: General Plan Circulation Capital Improvements (Table III -11)
Table III -11: Summary of Circulation Element Capital Improvements
Key
Road Class
Street/Location
Improvement Type
Comments
A-1
Roadway
San Anselmo: US 101 — Monterey
Road
Circulation/access improvements
A-2
Roadway
Via Road: Ensenada — Mercedes —
Traffic Way
Widen lanes, replace bridge, bike & pedestrian
facilities
A-3
Roadway
Curbaril: ECR to US 101
Circulation/access improvements
A-4
Roadway
Santa Barbara: ECR to US 101
Widen to 4 -lanes
A-5
Roadway
Santa Cruz: ECR — Carrizo Road
A-6
Roadway
ECR: Santa Barbara — Via Camino
Widen to 4 lanes; bikeway; Sidewalks
A-7
Roadway
ECR: Via Camino — Santa Rosa
Raised median; channelization; bikeway
A-8
Roadway
ECR: Santa Rosa — Curbaril
Raised median; channelization; bikeway
A-9
Roadway
ECR: Curbaril — SR 41
Raised median; channelization; bikeway
A-10
Roadway
ECR: SR 41— Rosario
Raised median; bulb -outs; channelization; bikeway
A-11
Roadway
ECR: Rosario — San Anselmo
Raised median; channelization; bikeway
A-12
Roadway
ECR: San Anselmo — Del Rio
Raised median; channelization; bikeway
A-13
Roadway
ECR: Del Rio — Santa Cruz
Widen to 4 Lanes; raised median; channelization;
bikeway
A-14
Roadway
Santa Ysabel: Curbaril — SR 41
Widening; bikeway; sidewalks
A-15
Roadway
Traffic Way / Olmeda - San Jacinto
Frontage improvements
A-16
Roadway
Carmelita/Morro Road
Extend as 2 -lane collector south to Morro Road (SR
41)
A-17
Roadway
Halcon Road: Via Camino — Santa
Barbara
Intersection improvements / roadway improvements
to arterial
A-18
Roadway
Traffic Way / Ardilla / Santa Lucia
Roadway / intersection improvements
B-1
Intersection
ECR/Santa Barbara
Intersection Improvements / signal
B-2
Intersection
ECR/Santa Rosa
Intersection improvements
B-3
Intersection
ECR/Juni ero
Signal
B-4
Intersection
ECR/Curbaril
Intersection improvements
B-5
Intersection
ECR/Traffic Way
Intersection improvements
B-6
Intersection
ECR/W. San Anselmo
Intersection improvements
B-8
Intersection
ECR/E. San Anselmo
Intersection improvements / signal
B-9
Intersection
ECR/Del Rio
Intersection improvements
B-10
Intersection
ECR/San Ramon
Signal
B-11
Intersection
ECR/Pueblo Avenue
Signal
C-1
Bride
Santa Lucia at Graves Creek
Reconstruct bridge
C-2
Bride
Garcia Road at Graves Creek
Reconstruct Bridge
C-3
Bridge
Lewis Avenue
Construct bridge across Atascadero Creek
PSR completed; $2
million
C-4
Bride
Santa Cruz west of San Ramon
Bridge across Graves Creek/ extend road
C-7
Bride
Llano at Graves Creek
Construct Bridge
D-1
US 101 / SR
41
ECR/SR 41/ US 101
Reconstruct Interchange; ramp relocation; signals;
widening
Part of SR 41 funded
project
D-2
SR 41
State Route 41: US 101 —San Gabriel Widen to 4 -lanes
D-3
US 101
Santa Barbara/US 101
Interchange Improvement
D-4
US 101
I
Santa Rosa/US 101
Interchange Improvement
D-5
US 101
Curbaril/US 101
Interchange Improvement
Attachment 1: General Plan Circulation Capital Improvements (Table 111-11)
Key
Road Class
Sth•eet/Location
Improvement Type Comments
D-6
US 101
Traffic Way/US 101
Interchange Improvement
D-7
US 101
San Anselmo/US 101
Interchange Improvement
D-8
US 101
Del Rio/US 101
Interchange Improvement
D-9
US 101
Route US 101 within URL
Operational Improvements
Misc.
Citywide
Safety improvement program
Misc.
Citywide
Traffic calming ro ects
Misc.
Citywide
Dial -A -Ride improvements
Misc.
Citywide
Regional transit improvements
Misc.
Citywide
Park -and -Ride expansion
Misc.
Citywide
Safe routes to school
Misc.
Citywide
Miscellaneous arterial and collector road
maintenance
Misc.
Citywide
Intersection improvements
Misc.
Citywide
Miscellaneous walkways
Misc.
Lewis/Santa Ysabel
Bike route
Misc.
Curbaril/Salinas River Bridge
Bike route
[!�
Misc.
Atascadero to Templeton
Bike route Multi -jurisdictional
project
ATTACHMENT 3: Draft Resolution PC 2008-0027
DRAFT RESOLUTION PC 2008-0027
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA, FINDING THE 2008
UPDATE OF THE 2007
FIVE-YEAR CAPITAL IMPROVEMENT PLAN
CONSISTENT WITH THE GENERAL PLAN
(City of Atascadero)
WHEREAS, the City of Atascadero 2002 General Plan requires the Planning
Commission to; and,
WHEREAS, the City of Atascadero 2002 General Plan requires the City maintain an
updated Capital Improvement Plan and pursue its implementation; and,
WHEREAS, the project is consistent with the adopted General Plan EIR and
mitigation monitoring program; and,
WHEREAS, the Planning Commission of the City of Atascadero held a public
hearing on June 17, 2008; and,
NOW, THEREFORE, the Planning Commission of the City of Atascadero, hereby
resolves to take the following actions:
SECTION 1. Findings of Approval. The Planning Commission finds:
(i) The updated Capital Improvement Plan forecasts needs at least five years into the future
and conforms to General Plan Goals, Policies and Programs and the overall intent of the
General Plan;
(ii) Implementation of the Capital Improvement Plan aides in providing a safe and efficient
circulation system that serves all segments of the community, and is designed and
constructed to preserve rural character; and
(iii) Implementation of the Capital Improvement Plan will not create any new significant
and unavoidable impacts to traffic, infrastructure or public services; and
(iv) The Capital Improvement Plan is consistent with the adopted General Plan EIR and
mitigation monitoring program.
SECTION 2. Approval. The Planning Commission finds the 2008 Update of the 2005 Five -
Year Capital Improvement Plan consistent with the General Plan and subject to the
following:
EXHIBIT A: 2008 Update of the 2007 Five Year Capital Improvement 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:
ABSENT:
ABSTAIN:
ADOPTED:
CITY OF ATASCADERO, CA
Joan O'Keefe
Planning Commission Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
EXHIBIT A: 2008 Update of the 2007 Five -Year Capital Improvement Plan
The following pages give a brief description of the projects proposed for the Five Year
Capital Improvement Plan. Projects listed in italics and underlined are a part of the Five
Year Capital Improvement Plan, but do not have funding in fiscal years 2007-2009. A
comprehensive list follows the narrative.
CATEGORY A: ROAD IMPROVEMENT PROJECTS
Projects identified in this category construct new roads or improve existing roads with
widening or frontage improvements.
• Interchange Circulation Improvements — Improvements to increase capacity and
level of service to the following roads crossing US 101 from EI Camino Real to
westerly connectors: Santa Barbara Road, Santa Rosa Road, Curbaril Avenue, San
Anselmo Avenue and Del Rio Road.
• US 101/SR 41 Interchange Improvements — Participate in the California Department
of Transportation project to reconstruct the interchange.
CATEGORY B: ROAD REHABILITATION PROJECTS
Projects identified in this category are intended to restore deteriorated paving surfaces.
• Road Rehabilitation — 5 Year Maintenance Projects — Road maintenance treatment
for circulation roads paved in the past 5-10 years and road that could use these
methods for rehabilitation. These road rehabilitation projects will include the slurry
sealing or other appropriate treatment and replacement of pavement markings.
• Atascadero Avenue Road Rehabilitation — Major Road Rehabilitation project for
Atascadero Avenue from Santa Rosa Road to San Diego Road. This road
rehabilitation project will include the road resurfacing, minor drainage improvements,
pedestrian access improvements and re -striping.
• San Andres Road Rehabilitation — Major Road Rehabilitation project for San Andres
Road from Morro Road to Santa Lucia Road. This road rehabilitation project will
include the road resurfacing, minor drainage improvements, pedestrian access
improvements and re -striping.
• Santa Rosa Road Rehabilitation —US 101 to Morro Road- Major Road
Rehabilitation project for Santa Rosa Road from US 101 to Morro Road. This road
rehabilitation project will include the road resurfacing, minor drainage improvements,
pedestrian access improvements and re -striping.
• EI Camino Rehabilitation- Rosario to San Anselmo - Major Road Rehabilitation
project for EI Camino Real from Rosario to San Anselmo. This road rehabilitation
project will include the grinding and removal of some of the existing road surfacing,
repaving and re -striping.
• San Fernando Road Rehabilitation Proiect - Major Road Rehabilitation project for
San Fernando Road from Graves Creek Road to Balboa Road. This road
rehabilitation project will include the road resurfacing, minor drainage improvements,
pedestrian access improvements and minor re -striping.
• Local Road Pavinq Proiect - Road Rehabilitation projects for 11 of the worst
condition local roads throughout Atascadero. These road rehabilitation projects will
include the road resurfacing, minor drainage improvements and replacement of
pavement markings.
• Minor Street Overlay Projects — Small projects to improve road surfaces through out
Atascadero.
• Street Maintenance District Project— Minor repairs and maintenance of roads within
each maintenance district boundary.
• 2006 / 2007 Road Rehabilitation Projects — The project includes the rehabilitation of
two separate stretches of road: San Jacinto Road from EI Camino Real to Nogales
Avenue and Del Rio Road from EI Camino Real to Chico Road. The project will
include pedestrian access improvements and drainage improvements in each area.
• 2007/2008 Road Rehabilitation Projects — Projects to rehabilitate the driving surface
of roads in the years 2007-2008, based on the Pavement Management System.
• 200812009Road Rehabilitation Projects — Projects to rehabilitate the driving surface
of roads in the year 2008-2009, based on the City's Pavement Management System
and index.
• Minor Street Overlay Projects — Small projects to improve road surfaces throughout
the City.
• Street Maintenance District Project— Minor repairs and maintenance of roads within
each maintenance district boundary.
• 2009/2010 Road Rehabilitation Projects — Projects to rehabilitate the driving surface
of roads in the year 2009-2010, based on the City's Pavement Management System
and index.
• 2010/2011 Road Rehabilitation Projects — Projects to rehabilitate the driving surface
of roads in the year 2010-2011, based on the City's Pavement Management System
and index.
• 2011/2012 Road Rehabilitation Proiects — Projects to rehabilitate the driving surface
of roads in the year 2010-2011, based on the City's Pavement Management System
and index.
CATEGORY C: BRIDGE PROJECTS
Projects identified in this category are for bridge construction, replacement and repair
projects.
• Downtown Pedestrian Bridge Project — Design of Downtown Pedestrian Bridge
across Atascadero Creek between Colony Square and East Mall.
• Santa Lucia Bridge Railinq (& Llano Road— Replace bridge railing on Santa Lucia
Bridge.
• Santa Rosa Bridge Widening (a Atascadero Lake — Widen the Santa Rosa Bridge @
Atascadero Lake for vehicular and bicycle access.
CATEGORY D: DRAINAGE PROJECTS
Projects identified in this category are drainage improvement projects that are intended to
reduce flooding potential or improve the existing drainage system.
• 2006/2007 Drainage Improvement Program — Design and construction of drainage
projects located at Portola Road, Colima Road, San Ramon Road, Santa Lucia
Avenue, Monterey Road, Del Rio Road and EI Camino Real.
• 2006 Marchant Avenue Drainage Project — Design and construction of drainage
project located at Marchant Avenue.
• San Jacinto at Traffic Way Drainage Project — Design and construction of drainage
enhancement project located at San Jacinto and Traffic Way.
• Drainage System Atlas -The Atlas will be used to develop future drainage projects,
track drainage facility condition, and provide drainage facility locations. The project
consists of hiring a consultant to survey and map the entire city drainage system.
The survey will include GPS coordinates of facility locations, dynamic - updateable
maps of drainage facilities, drainage facility condition rating; and locations where
drainage facilities are needed.
• Drainage Enhancement Proiect - Enhance and improve drainage problems
throughout the city. City drainage infrastructure improvements need to be completed
in order to alleviate drainage problems throughout the City. The drainage
improvements will reduce loses due to flooding
• Amapoa Drainage Study- Perform study to improve drainage in the area bounded by
Portola, Amapoa and Azucena Roads.
CATEGORY E: FACILITIES PROJECTS
Projects identified in this category are improvements to public facilities.
• Construction of New Corporate Yard — Construction of facilities for relocation of
Corporation Yard.
• Earthquake Repairs — Historic City Hall — Repair of earthquake damage to historic
City Hall, including architecture and engineering services, storage of bricks that have
fallen from the building, construction bidding and contract negotiation, testing and
abatement of mold and pigeon guano, and a portion of construction and construction
administration.
• CCHE - Historic City Hall Rehabilitation — Construction and rehabilitation of selected
elements in Historic City Hall. The project includes deferred maintenance items,
rehabilitation relating to historic elements, and life safety system upgrades.
• FEMA Administration- City Hall Repairs — The cost associated with hiring consultants
and conducting tests in order to verify damage to Historic City Hall. These tests are
necessary in order to provide FEMA with necessary documentation and to appeal
funding decisions by FEMA.
• Programming of Historic City Hall— The costs associated with determining space
needs and interior layouts in preparation for the move back into Historic City Hall.
CATEGORY F: PARKS PROJECTS
Parks projects identified in this category are for repair and enhancement projects.
• Santa Rosa Pedestrian Bridge — Replace existing pedestrian bridge on the Lake
Park pathway near Santa Rosa Avenue.
• Lake Park Parking Lot Renovations — Repair, re -stripe, and repave
Pavilion/Park/Zoo parking lot and repair, and re -stripe Lake Park parking lot at
Morro Road and Largo.
CATEGORY G: MISCELLANEOUS PROJECTS
Projects identified in this category support multi -modal transportation, routes to school,
miscellaneous road repair and advanced studies for future projects.
• Downtown Streetscape, Phase 11 — Pedestrian and operational improvements for the
Downtown according to the RVC plan. This includes bulb outs, landscaped medians,
street furniture, lighting, widening of sidewalk in the Sunken Gardens, pedestrian
tunnel improvements and paving of EI Camino Real from Traffic Way to Rosario and
from West Mall to Highway 41.
• Downtown Underground Utility Project — Undergrounding of overhead utilities in the
downtown area. PG & E will be contributing $1.5 million towards the project and the
Redevelopment Agency will contribute $160,000 for preliminary work and
connections.
• Atascadero Ave Ped Access -Morro Road to High School— Improvements to the
pedestrian corridor along this stretch of Atascadero Ave.
• Santa Lucia Road Multi Purpose Trail — Design and construct multi purpose trail
along Santa Lucia Road from Ardilla to Portola Road.
• Sidewalk Improvements — Construct access improvements at various locations along
the right-of-way in Atascadero.
• Downtown Streetscape Improvements, Phase 111 - Pedestrian and operational
improvements for the Downtown according to the RVC plan. This includes bulb outs,
landscaped medians, street furniture, lighting, widening of sidewalk and other
improvements.
• Historic City Hall Parking Lot Improvements — Improvements and enlarging the
Historic City Hall Parking Lot.
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EXHIBIT A: 2007 Five -Year Capital Improvement Plan Spreadsheet
CAPITAL PROJECTS
Five Year Capital Improvement Plar
CATEGORY A: ROAD IMPROVEMENT PROJECTS
Interchange Circulation Improvements I $ 290,000 IS 1,600,000 Is 1,890,000
US 101 / Highway 41 Interchange Improvements 1 400,0001 1 1 1 400,000
CATEGORY B: ROAD REHABILITATION PROJECTS
2006/2007 Road Rehabilitation Project
250,000
660,000
350,000
Santa Lucia Bridge Railing @ Llano Road 35,000 100,000
910,000
Estimated
Project Title
Proposed
Proposed
Estimated
Estimated
Estimated
Total for Five
2007.2008
2008-2009
2009-2010
2010-2011
2011-2012
Year Period
CATEGORY A: ROAD IMPROVEMENT PROJECTS
Interchange Circulation Improvements I $ 290,000 IS 1,600,000 Is 1,890,000
US 101 / Highway 41 Interchange Improvements 1 400,0001 1 1 1 400,000
CATEGORY B: ROAD REHABILITATION PROJECTS
2006/2007 Road Rehabilitation Project
250,000
660,000
350,000
Santa Lucia Bridge Railing @ Llano Road 35,000 100,000
910,000
Traffic Way Road Rehabilitation Project
585,000
Amapoa Drainage Study
80,000 80,000
585,000
Road Slope Stabilization Project
518,500
518,500
Road Rehabiliation- 5 Year Maintenance
50,000
450,000
500,000
Atascadero Avenue Road Rehabilitation
49,500
643,500
693,000
San Andres Road Rehabilitation
50,000
300,000
350,000
Santa Rosa Road Rehabilitation -US 101 to Morro Road
65,000
845,000
910,000
EI Camino Rehabilitation- Rosario to San Anselmo
50,000
650,000
700,000
San Fernando Road Rehabilitation Project
58,500
760,500
819,000
Local Road Paving Projects
126,370 1,400,000
1,526,370
Minor Street Overlay Projects
217,060
291,020
305,000
312,000 320,000
1,445,080
Street Maintenance District Project
57,400
57,400
CATEGORY C: BRIDGE PROJECTS
Lewis Avenue Bridge Project 1,586,170
1,586,170
Downtown Pedestrian Bridge Project 100,000 250,000
350,000
Santa Lucia Bridge Railing @ Llano Road 35,000 100,000
135,000
Santa Rosa Road Bridge Widening at Atas Lake 50,000 250,000
300,000
CATEGORY D: DRAINAGE PROJECTS
2006/2007 Drainage Improvement Program
20,000 20,000
2006 Marchant Avenue Drainage Project
348,000 348,000
San Jacinto at Traffic Way Drainage Project
20,000 130,000 150,000
Drainage Enchancement Project
25,000 250,000 275,000
Amapoa Drainage Study
80,000 80,000
EXHIBIT A: 2007 Five -Year Capital Improvement Plan Spreadsheet
CAPITAL PROJECTS
Five Year Capital Improvement Plar
CATEGORY E: FACILITIES PROJECTS
New Corporate Yard
370,540
370,540
Colony Park Community Center
4,666,490
4.666,490
Estimated
Project Title
Proposed
Proposed
Estimated
Estimated
Estimated
Total for Five
387,600
2007-2008
2008-2009
2009-2010
2010-2011
2011-2012
Year Period
CATEGORY E: FACILITIES PROJECTS
New Corporate Yard
370,540
370,540
Colony Park Community Center
4,666,490
4.666,490
Earthquake Repairs- Historic City Hall
900,000 9,740,000 13,902,000
24,542,000
CCHE - Historic City Hall Rehabilitation
240,000 3,760,000
4,000,000
Fire Station #2 Living Quarters Addition
40,000 347,600
387,600
CATEGORY F: PARKS PROJECTS
Lake Park Restroom Access
249,720
2,306,200
249,720
Alvord Field Enhancement Project
25.000
125.000
150,000
Lake Park Sign and Frontage Improvements
30,000
240,000
270,000
Zoo Wall and Signage
30,000
240,000
270,000
Zoo Restroom Project
47,000
216,000
263,000
Zoo Entrance Improvement Project
50,000
450,000
500,000
Santa Rosa Pedestrian Bridge
75,000
43,830
75,000
Lake Park Parking Lot Renovation
25,000
100,000
125,000
Paloma Park Playground Project
225,000
220,000
225,000
Colony Park Master Plan Improvements
40,000 380,000
420,000
Paloma Park Improvements
60,000 500,000
560,000
Lake Park Master Plan Improvements
Historic City Hall Parking Lot Improvements
50,000 500,000
550,000
CATEGORY G: MISCELLANEOUS PROJECTS
Downtown Streetscape Improvements II
500,000
2,306,200
2,806,200
Downtown Underground Utility Project
40,000
1,620,000
1,660,000
Sidewalk Improvements at Colony Park
325,850
325,850
Creek Improvements
300,000
500,000
800,000
Parking Improvements
500,000
500,000
Wayfinding Program
43,830
419,770
250,000
713,600
Maiden Statue Renovation
70,000
150,000
220,000
Sidewalk Improvements
35,000 200,000
235,000
Downtown Streetscape Improvements III
100,000 1,400,000
1,500,000
Historic City Hall Parking Lot Improvements
500,000
500,000
EXHIBIT A: 2007 Five -Year Capital Improvement Plan Spreadsheet
CAPITAL PROJECTS
Five Year Capital Improvement Plar
CATEGORY H: WASTEWATER PROJECTS
Surge Tank Replacement -Pump Station #1
50,000
50,000
Supervisory Control & Data Acquisition System
25,000 275,000
300,000
Estimated
Project Title
Proposed
Proposed
Estimated
Estimated
Estimated
Total for Five
500,000
2007-2008
2008-2009
2009-2010
2010-2011
2011-2012
Year Period
CATEGORY H: WASTEWATER PROJECTS
Surge Tank Replacement -Pump Station #1
50,000
50,000
Supervisory Control & Data Acquisition System
25,000 275,000
300,000
Treatment Plant Road Repairs
60,000
60,000
Pump Station #11 Upgrade Project
35,000
35,000
Lift Station # 5 Relocation
500,000
500,000
Pump Sation Odor Control
75,000
75,000
Treatment Plant Fencing
44,000
44,000
ECR Sewer Main Replacement -at Del Rio Road
90,000 780,000
870,000
Lft Station # 6 Renovation
50,000 250,000
300,000
$ 13,234,560 $ 23,045,090 $ 16,784,000 S 7,108,870 S 2,300,000 $ 63,667,520