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Home My WebLink AboutPC_2008-08-19_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, August 19, 2008 — 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Fonzi Vice Chairperson Jack Commissioner O'Keefe Commissioner Moreno Commissioner O'Grady Commissioner Marks Commissioner Heatherington Chairperson will read the decorum guidelines 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) PLANNING COMMISSION BUSINESS DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. City of Atascadero Planning Commission Agenda CONSENT CALENDAR Regular Meeting, August 19, 2008 Page 2 of 5 (All items on the consent calendar are considered to be routine and non -controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions.) 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JULY 15, 2008. 2. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON AUGUST 5, 2008. 3. PLN 2008-1277/TREE REMOVAL PERMIT FOR 10560 SAN MARCOS ROAD Property owner: Patricia Kutzmann, 45220 Parkmeadow Dr., Fremont, CA 94539 Certified Arborist: A&T Arborists, PO Box 1311, Templeton, CA 93465 Project Title: PLN 2008-1277/TRP 2008-0118 Tree Removal Project Location: 10560 San Marcos Road, Atascadero, CA 93422 Project APN 055-041-013 (San Luis Obispo County) Project The proposed project consists of a request to remove one (1) Blue Oak Description: totaling 38 inches DBH. General Plan Designation: Rural Estate (RE) Zoning District: Residential Suburban (RS) 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).) 4. PLN 2008-1302, WEST FRONT VILLAGE (PD -23) (CUP 2003-0108 / TTM 2003- 0035) AMENDMENT OF CIRCULATION CONDITION #35. Owner/Applicant: City of Atascadero Public Works Department, 6907 EI Camino Real, Atascadero Project Title: PLN 2008-1302, Amendment to CUP 2003-0108 / TTM 2003-0035 (PD -23) Project Location: 9000 West Front Road, Atascadero, CA 93422 APN 056-131-021 (San Luis Obispo County) Project The proposed application is a request by the City Engineer to amend conditions Description: of approval (CUP condition #35 / TTM condition #32) related to installation of a median in Santa Rosa Road at West Front as traffic mitigation for the West Front Village Project. General Plan Designation: General Commercial Zoning District: Commercial Retail / PD -23 Proposed Consistent with previously certified Mitigated Negative Declaration. Environmental Determination: City of Atascadero Planning Commission Agenda Regular Meeting, August 19, 2008 Page 3 of 5 5. PLN 2007-1233, TENTATIVE TRACT MAP FOR 8391 AMAPOA AVE. Property Owners: Steve Severance, 1010 Redberry Place, Nipomo, CA 93444 Project Title: Zac Missler, 1717 Singletree Ct., San Luis Obispo, CA 93405 Applicant: Truitt Vance, 6679 Morro Road, Atascadero, CA 93422 Project Title: PLN 2007-1233, Tentative Tract Map 2007-0099 Project Location: 8391 Amapoa Ave., Atascadero, CA 93422 Description: APN 031-241-019 (San Luis Obispo County) Project The project consists of a proposed condominium map to create six (6) Description: airspace units on one common lot. The property is currently vacant. General Plan Designation: High Density Residential (HDR) Zoning District: Residential Multi -family -16 (RMF -16) Proposed Categorical Exemption: Class 3 (New construction or conversion of small Environmental structures) and Class 32 (infill development projects) Determination: 6. PLN 2008-1301, VARIANCE FOR 8100 MARCHANT AVENUE Property Owner: David Chambers, 8100 Marchant Ave., Atascadero, CA 93422 Project Title: PLN 2008-1301NAR 2008-0014 Project Location: 8100 Marchant Ave., Atascadero, CA 93422 APN 031-261-015 (San Luis Obispo County) Project The proposed project consists of a Variance application to construct a Description: residential addition within the front setback. The addition is proposed approximately 5 feet from the edge of the right-of-way, and approximately 25 feet from the edge of pavement. General Plan Designation: Single Family Residential -Y (SFR -Y) Zoning District: Residential Single Family -Y (RSF-Y) Proposed Categorical Exemption, Section 15305, Minor Alterations in Land Use Environmental Limitations. Determination: City of Atascadero Planning Commission Agenda Regular Meeting, August 19, 2008 Page 4 of 5 7. TO BE CONTINUED PLN 2008-1283, CONDITIONAL USE PERMIT FOR 6280 MORRO ROAD Property Owners: Atascadero Gas & Mart, Inc., 23318 Park Colombo, Calabasas, CA 91302-2810 Atascadero Gas & Mart, 1038 E. Main Street, Santa Maria, CA 93454 Applicant: B&T Service Station Contractors, 630 S. Frontage Road, Nipomo, CA 93444 Project Title: PLN 2008-1283/Conditional Use Permit 2008-0228 Project Location: 6280 Morro Road, Atascadero, CA 93422 APN 030-211-033 (San Luis Obispo County) Project The proposed project consists of a request to establish a car wash Description: facility at an existing gas station location. Site amendments include additional landscaping. General Plan Designation: General Commercial (GC) Zoning District: Commercial Tourist (CT) Proposed Exempt per CEQA section 15303: New construction or conversion of small Environmental structures. Determination: COMMUNITY DEVELOPMENT STAFF REPORTS COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on September 2, 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, August 19, 2008 Page 5 of 5 City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m., at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall Annex business hours at the Community Development counter and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-5000, or the City Clerk's Office, (805) 461-5000. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Commission regarding the matter being considered to step up to the podium. If you wish to speak for, against, or comment in any way: • You must approach the podium and be recognized by the Chairperson • Give your name and address (not required) • Make your statement • All comments should be made to the Chairperson and Commission • All comments limited to 3 minutes (unless changed by the Commission) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at least 24 hours prior to the meeting. Access to hook up your laptop to the City's projector will be provided. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Chairperson before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "PUBLIC HEARINGS", the Chairperson will call for anyone from the audience having business with the Commission to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Commission's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Commission). CALL TO ORDER ITEM NUMBER: 1 DATE: 8-19-08 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, July 15, 2008 — 7:00 P.M. Chairperson Fonzi called the meeting to order at 7:02 p.m. and Commissioner Moreno led the Pledge of Allegiance. ROLL CALL Present: Commissioners O'Grady, Marks, Jack, O'Keefe, Moreno and Chairperson Fonzi. Absent: Commissioner Heatherington (Excused) Others Present: Administrative Assistant Shannon Sims Staff Present: Community Development Director Warren Frace, Public Works Director / City Engineer Steve Kahn, Deputy Community Development Director Steve McHarris, Assistant to the City Manager/City Clerk Marcia McClure Torgerson and Associate Planner Callie Taylor. APPROVAL OF AGENDA MOTION: By Vice Chairperson Jack and seconded by Commissioner O'Grady to approve the agenda. Motion passed 6:0 by a roll -call vote. PUBLIC COMMENT None Draft Minutes Regular Meeting, July 15, 2008 Page 2 of 6 PLANNING COMMISSION BUSINESS A. COMMISSIONER HANDBOOKS Marcia Torgerson, City Clerk, will give a presentation on Commissioner Handbooks. Assistant to the City Manager/City Clerk Marcia McClure Torgerson gave the report and answered questions of the Commission. DISCLOSURE OF EX PARTE COMMUNICATIONS: ■ Commissioner Marks visited the site and talked briefly with the Water Company staff. ■ Commissioner Moreno did not speak with anyone. ■ Chairperson Fonzi visited the site and spoke with John Neil from the Water Company. ■ Vice Chairperson Jack did not have any communications to report. ■ Commissioner O'Grady visited the site and spoke with a gentleman named Dave from the Water Company. ■ Commissioner O'Keefe met with Associate Planner Callie Taylor and John Neil out at the Atascadero Mutual Water Company. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON MAY 6, 2008. 2. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JUNE 3, 2008. Commissioner O'Grady pulled Consent Item #1 and asked that a correction be made on page 5. Mr. O'Grady asked that the vote reflect that he recused himself, not abstained. MOTION: By Commissioner O'Grady and seconded by Vice Chairperson Jack to approve Consent Item #1 with the correction that page 5 reflect that Commissioner O'Grady recused himself, not abstained. Motion passed 5:0 by a roll -call vote. (Moreno abstained) MOTION: By Commissioner Marks and seconded by Commissioner O'Keefe to approve Consent Item #2. Motion passed 4:0 by a roll -call vote. (Moreno, O'Grady and Jack abstained, abstentions, unless there is a conflict of interest, are considered an affirmative vote if needed for passage) Draft Minutes Regular Meeting, July 15, 2008 Page 3 of 6 PUBLIC HEARINGS 3. PLN 2006-1146, CONDITIONAL USE PERMIT FOR 6575 SYCAMORE AVE. Owner / Atascadero Mutual Water Company, John B. Neil, General Manager Applicant: 5005 EI Camino Real, Atascadero, CA 93422 Phone: 466-2428 Project Title: PLN 2006-1146 / CUP 2006-0193 Project 6575 Sycamore Road, Atascadero, CA 93422 Location: APN 028-111-003 (San Luis Obispo County) Project The proposed project consists of an expansion of the Water Company production and Description: distribution support facilities. Two new metal buildings, the construction of a new 12,000 square -foot, single -story administration office for Water Company management, and a new 80 -foot tall radio mast are proposed. The project is located on a 10 -acre site on Sycamore Road, near Atascadero Creek and the Salinas River. No construction is proposed within the Creek or the River. The project proposal consists of the removal of nine (9) native trees with a total diameter of forty-eight (48) inches. All trees proposed for removal are less than nine inches DBH. General Plan Designation: Industrial (1) Zoning District: Industrial (1) and Industrial Park (IP) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The proposed Mitigated Negative Declaration is available for public review at 6907 Determination: EI Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Associate Planner Callie Taylor gave the report and answered questions of the Commission. Public Works Director / City Engineer Steve Kahn answered questions of the Commission. PUBLIC COMMENT John Neil, Atascadero Mutual Water Company, expressed his appreciation to staff for their help with the processing the project. Mr. Neil shared the history and impact research involved with this project. He described the importance of communications and the necessary equipment needed to provide adequate communication. He requested, with regards to City Engineer Standard Condition #7, that bonding occur prior to Phase III of the frontage improvements. He also requested the addition to Measure 15 abl that frontage improvements will be constructed with Phase III of the project. Mr. Neil estimated the construction window for all three phases to be 12 — 18 months. He answered questions of the Commission. Chairperson Fonzi closed the Public Comment period. Commissioner O'Keefe expressed that she is not concerned with the 80 foot pole and believes that having adequate communication is a priority. Draft Minutes Regular Meeting, July 15, 2008 Page 4 of 6 Chairperson Fonzi re -opened the Public Comment period. John Neil, Atascadero Mutual Water Company, answered questions of the Commission and introduced Frank Seiple with Fraser Seiple Architects. Frank Seiple, Fraser Seiple Architects, elaborated on the specifics related to the proposed antennas. He said the antennas would not make any large, visible profile or shadow in the skyline. Mr. Seiple answered questions of the Commission. Chairperson Fonzi closed the Public Comment period. Commissioner O'Keefe asked questions of staff about the bonding issue recommendation by the Water Company. Public Works Director / City Engineer Steve Kahn said there is not a problem with phasing the bonding, so long as the bonding is in place prior to the installation of the public improvements. Commissioner O'Grady complimented the architect on the design of building and said he thinks consolidation of the Water Companies' facilities will be environmentally beneficial by reducing travel between facilities. Mr. O'Grady encouraged justification, in writing, to City staff with regards to the height of the antenna being a maximum of 80 ft. Mr. O'Grady also suggested that the lighting ensure minimal glare on sides of the storage and other buildings. Vice Chairperson Jack expressed concerned about the ability to have adequate communication with the equipment rather than the aesthetics of the tower. He expressed interest in the Board Room at the new facility that will be made available to members of the public. Commissioner Moreno agreed with Commissioner O'Keefe and Jack about antennae. She state that she doesn't think trying to camouflage it would be economically feasible. Chairperson Fonzi stated that she thinks the building will be an asset to the City and she is pleased to see the pedestrian access across the road and the wider trail going down along Atascadero Creek. Commissioner O'Keefe said that she's impressed with how well thought out the project is. She relayed that she feels it will be a tremendous improvement and likes the fact that they have moved in the fence thus providing a lot more land for trails. Draft Minutes Regular Meeting, July 15, 2008 Page 5 of 6 MOTION: By Commissioner O'Keefe and seconded by Commissioner Marks to adopt Resolution PC 2008-0038, certifying proposed Mitigated Negative Declaration 2008-0011, and approving Conditional Use Permit 2006-0193 (PLN 2006-1146) based on findings and subject to conditions of approval and adding condition # 17 as distributed by staff and revising the bonding issue to be provided when applicant does the frontage improvements found in conditions #7 & #15.a.b.1. and full cut- off light fixtures shall be used for all outdoor light fixture to reduce glare. Motion passed 6:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None. COMMISSIONER COMMENTS AND REPORT Vice Chairperson Jack inquired when the next joint Mayor/Mayor Pro Tem and Commission Chair meeting will be held. Community Development Director Warren Frace said there is a tentative date of August 14, 2008 but that may change. Commissioner Marks mentioned that he and his wife had visited Grace Pucci and that she sends her best wishes to the Commission. Chairperson Fonzi inquired about abstentions and relaying concerns the Commission has to the City Council. Community Services Director Warren Frace recommended individual Commissioners relay their concerns directly to the Council Members or address the Council at the Public Hearing meeting. Chairperson Fonzi requested information from staff with regards to Low Impact Development (LID) which was spoken about at the recent Empower Hour meeting. Community Development Director Warren Frace said staff is reviewing and coming up with standards as part of the NPDS Phase II requirements that the City's under and will bring the Commission some information within the next couple of meetings. DIRECTOR'S REPORT Community Development Director Warren Frace reminded the Commission that there is a fifth Tuesday in July. Draft Minutes Regular Meeting, July 15, 2008 Page 6 of 6 ADJOURNMENT Chairperson Fonzi adjourned the meeting at 8:20 p.m. to the next regularly scheduled meeting of the Planning Commission on August 5, 2008. MINUTES PREPARED BY: Shannon Sims, Administrative Assistant \\Cityhall\cdvlpmnt\- PC Minutes\PC Minutes 08\PC Draft Minutes 07-15-08.ss.doc CALL TO ORDER ITEM NUMBER: 2 DATE: 8-19-08 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, August 5, 2008 — 7:00 P.M. Chairperson Fonzi called the meeting to order at 7:00 p.m. and Commissioner Marks led the Pledge of Allegiance. ROLL CALL Present: Commissioners Heatherington, Jack, O'Keefe, Moreno, O'Grady, Marks, and Chairperson Fonzi Absent: None Others Present: Recording Secretary, Susanne Anshen Administrative Assistant, Annette Manier Staff Present: Community Development Director Warren Frace, Deputy Community Development Director Steve McHarris, and Planning Intern, Scott Kaiser. APPROVAL OF AGENDA MOTION: By Commissioner O'Keefe and seconded by Vice Chairperson Jack to approve the agenda. Motion passed 7:0 by a roll -call vote. PLANNING COMMISSION BUSINESS City of Atascadero Planning Commission Draft Minutes Regular Meeting, August 5, 2008 Page 2 of 7 PUBLIC COMMENT None Chairperson Fonzi closed the public comment period. DISCLOSURE OF EX PARTE COMMUNICATIONS • Commissioner O'Grady reported visiting the site at 9000 West Front Road, but had no communications with the applicant. • Vice Chairperson Jack stated he, too, drove by the property in question, but had no communication with the applicant. CONSENT CALENDAR Commissioner O'Grady pulled Items No. 2 and No. 3 from the Consent Calendar for discussion. 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JUNE 17, 2008. Chairperson Fonzi and Commissioner O'Keefe would like the word "rod" changed to "wrought" in the last line of the motion on page 6. Commissioner Moreno asked for the spelling of Lynea be changed to Lyne on page 5. MOTION: By Chairperson Fonzi and seconded by Commissioner Heath Heatherington to approve the Minutes as corrected. Motion passed 6:0 by a roll -call vote. (Marks abstained) CONSENT CALENDAR ITEMS PULLED 2. APPROVAL OF TIME EXTENSION ON TENTATIVE TRACT MAP 2005-0067, 1155 EL CAMINO REAL (WENN GROUP, LLC/EDA) 3. APPROVAL OF TIME EXTENSION ON TENTATIVE TRACT MAP 2004-0064 AND TENTATIVE TRACT MAP 2003-0039, 2555, 2605, 2705 EL CAMINO REAL (CENTRAL COAST ASSETS / LAUGHLIN). Commissioner O'Grady questioned the dates referenced in staff's report and Deputy Community Development Director Steve McHarris explained the date for approval (July 15) had not been updated for tonight's date. (Exhibit A) City of Atascadero Planning Commission Draft Minutes Regular Meeting, August 5, 2008 Page 3 of 7 It was requested that future staff reports provide the approval dates, expiration dates, and state the receipt date of the request. Commissioner Heatherington, questioned staff on the updated Conditions of Approval on Item No. 2, and staff explained that the documents in the packet were incorrect and the documents received tonight were correct due to a staff error. (Exhibit B) MOTION: By Vice Chairperson Jack and seconded by Commissioner Marks, to approve items No. 2 and 3 on the Consent Calendar Motion passed 7:0 by a roll -call vote. PUBLIC HEARINGS 4. PLN 2008-1300, AMENDMENT TO CUP 2003-0108,9000 WEST FRONT Property Owner: West Front Village, LLC, 1301 Chorro Street, San Luis Obispo, CA 93401 Applicant: Richard Shannon, 6755 EI Camino Real, Atascadero, CA 93422 Project Title: PLN 2008-1300/Amendment to CUP 2003-0108 Project 9000 West Front Road, Atascadero, CA 93422 Location: APN 056-131-021, 022 (San Luis Obispo County) Project The proposed Amendment is limited to Exhibit B: Master Plan of Development, Exhibit F: Description: Schematic Landscape Plan and Exhibit G: Architectural Elevation. The Amendment request would separate the previously approved combined gas station/fast food building into two separate buildings. No modifications will be made to the proposed uses or wetland mitigation site. General Plan Designation: General Commercial Zoning District: Commercial Retail / PD -23 Proposed Consistent with previously approved certified Mitigated Negative Declaration. Environmental Determination: Deputy Community Development Director Steve McHarris and Community Development Director Warren Frace gave the staff report and answered questions of the Commission. Commissioner O'Keefe questioned staff on impact of lights on neighbors and if the chain -linked fence will be removed. Commissioner Heatherington questioned why conditions of approval are being removed and Deputy Community Development Director Steve MCHarris indicated that Conditions of Approval No. 11 stays, and Nos. 12 and 15 should be removed and provided an explanation. City of Atascadero Planning Commission Draft Minutes Regular Meeting, August 5, 2008 Page 4 of 7 Vice Chairperson Jack asked staff if indirect lighting had been addressed, and staff explained that indirect lighting had been addressed, but we would discuss headlights of cars exiting. Commissioner O'Grady: 1. Asked if the signage met the Municipal Code. Staff will try to answer that tonight. 2. What happens to existing Jack in the Box on EI Camino Real. 3. Asked if site light was addressed and staff indicated it was. 4. What happens if we approve this split and another gas station comes for approval with the environmental conditions that come along with gas stations? Staff explained any gas station would be unlikely, however, it would have to meet all standards for approval by the Commission and other environmental agencies. Commission Marks asked if pole signs are part of the request. Staff explained they were part of the original project approval. Vice Chairperson Jack asked about the pole sign on southern entrance, and whether that would go in now or later? Staff was not sure and indicated the applicant could better answer that question. Commissioner O'Keefe indicated the pole signs, were approved and exceeded height and an exception was approved. Commissioner O'Keefe indicated under condition 10, lists a southern magnolia, typically swamp tree and questioned why it was included here. Staff indicated if they are not drought tolerant, they will be changed out to meet the drought tolerant condition. Chairperson Fonzi asked if there is bike rack. Staff believes there is a bike rack. Chairperson Fonzi asked if there would be outdoor dining. Staff indicated it is not clear they will be able to achieve that, although staff report says there is one. Chairperson Fonzi questioned where there would be paving and which portions would be graded. Staff answered with a slide of the site. Chairperson Fonzi questioned the location of the drive-through location, which staff answered. PUBLIC COMMENT Russ Thompson, R. Thompson Consulting, applicant's representative spoke about the project and answered questions of the Commission., He explained that he was representing owners, Richard Shannon, John Rosetti and Jim Shores. He also introduced, Architect Steve Schneider. Richard Shannon, partner/owner, thanked the Commission and staff and stated he concurs with staff report as modified, and indicated that the water quality control issue City of Atascadero Planning Commission Draft Minutes Regular Meeting, August 5, 2008 Page 5 of 7 has been completed. Currently, they are being limited on the number of gallons the A.P.C.D. will allow and the site may not be feasible for a gas station. Steve Schneider, Architect for the project, expressed his appreciation for staff's help. Commissioner Heatherington asked Mr. Schneider, owners' architect, about the impact of this project on the existing Jack in the Box. Mr. Schneider indicated there would be no impact. Commissioner Heatherington asked if the new Jack in the Box would be listing the fat, calories, and sodium on the menu. Mr. Schneider stated he was unaware of how Jack in the Box printed their menus. Commissioner O'Grady complimented the development group in moving forward in hard economic times. He does have concern over unfinished projects in Atascadero, and how tall pylon signs would be. Richard Shannon said that the project, as previously approved, called for two 50 -foot pylon signs and he expected them up within two weeks. Vice Chairperson Jack asked Mr. Thompson if local printers were given an opportunity to reproduce big plans? Mr. Thompson indicated the local architect had the printing done and he was unaware of the process. Commissioner O'Keefe complimented the applicant on how well the hotel complimented the City. Commissioner O'Keefe asked Mr. Shannon for further clarification on the potential problem with the A.C.P.D. Mr. Shannon indicated that they were limited on the number of gallons they could pump because of proximity to the residential area. Commissioner Heatherington asked Mr. Thompson if they need to return to the Dept. of Fish & Game, Army Corp, and Regional Water Quality Control Board because of this change. Mr. Thompson indicated that any time a project changes, they need to update agencies with changes. Commissioner Heatherington indicated she had a problem with taking out the portion about the bio -filtering, and asked if that small phrase were added to Condition No. 11, would Mr. Thompson be comfortable with that? Mr. Thompson indicated the process of approval is extremely rigorous and adding that now would add a layer that has already been incorporated into the permit. Commissioner Moreno asked when the project was estimated to complete current phase. Mr. Schneider indicated that if it were approved tonight, they would start within 30 days, and within 90 days, the building would be open. Vice Chairperson Jack complimented the applicant for the attractiveness of the project. Chairperson Fonzi asked Mr. Schneider about the color palette for the Jack in the Box, and Mr. Schneider indicated it would be the same as the Holiday Inn. Chairperson Fonzi then asked about outdoor dining. The applicant indicated they have no intention to install outdoor dining because there is no space, and it encourages High School kids to loiter. Chairperson Fonzi asked what the hours of operation would be, and the applicant indicated the market usually dictates hours. City of Atascadero Planning Commission Draft Minutes Regular Meeting, August 5, 2008 Page 6 of 7 Chairperson Fonzi closed the Public Comment period. There was Commission discussion regarding the applicants' request for changes to the previously approved project and whether or not lighting and traffic congestion mitigation has been met. Commissioners asked the applicant and the applicant's architect questions on the new configuration of this portion of the project in respect to landscaping wetlands, lighting, and traffic flow from the drive through. MOTION: By Commissioner O'Keefe and seconded by Commissioner Jack to adopt Resolution PC 2008-0040 to approve Amendments to the West Front Village Master Plan of Development based on findings and subject to amended exhibits and changes, amending Condition 10 to remove the words, "All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on site.; deleting Conditions 12 and 15; and changing Condition 13 by replacing the word "include" to "shall not exceed." Motion passed 6:1 by a roll -call vote. (Heatherington opposed) COMMUNITY DEVELOPMENT STAFF REPORTS None COMMISSIONER COMMENTS AND REPORTS Commissioner Heatherington asked staff why we received a notice from U.S. Fish & Wildlife about the Delta Smelt. Staff indicated that it was a broadcast to all areas affected by State water projects, and State water goes through Atascadero, and that is why we received notification. Commissioner Moreno would like to reuse the project maps and would like them to be recycled. Commissioner O'Keefe read a letter complaining about the Kennedy Motorcycles on EI Camino Real and Traffic Way. Staff indicated they were aware of the problem. Staff indicated that if the Commission wanted to direct staff to follow- up on any item, they could request staff to investigate. Commissioner O'Grady asked staff about a July 22, 2008, Memorandum on Eagle Creek Golf Course, Amendment to Master Plan to approve new site landscape plan to City of Atascadero Planning Commission Draft Minutes Regular Meeting, August 5, 2008 Page 7 of 7 remove the driving range and club house to convert to single-family homes. There is some frustration in the neighborhood on lack of progress. Commissioner O'Grady asked what recourse the neighbors could do to accelerate the project. Staff indicated the project is still within the City's requirements. Vice Chairperson Jack requested name badges for Commissioners Marks, Heatherington, Moreno and O'Grady. Commissioner O'Keefe asked if staff investigated complaints that the clubhouse on the Eagle Creek Golf Course was being used as a residence. Staff indicated they had been aware of this complaint, and found no one using the clubhouse. DIRECTOR'S REPORT Community Development Director Warren Frace indicated the next meeting of the Planning Commission would be August 19, 2008. Deputy Community Development Director Steve McHarris indicated there were some tentative items such as a tree removal, but the items were tentative at this point. ADJOURNMENT Chairperson Fonzi adjourned the meeting at 8:32 p.m. to the next regularly scheduled meeting of the Planning Commission on August 19, 2008. MINUTES PREPARED BY: Susanne Anshen, Recording Secretary The following exhibits are available for review in the Community Development Department: Exhibit A - Memorandum dated August 5, 2008, from Steve McHarris, Deputy CD Director Re: TTM 2004-0064 Exhibit B - Memorandum dated August 5, 2008, from Steve McHarris, Deputy CD Director Re: TTM 2005-0067 \\Cityhall\cdvlpmnt\- PC Minutes\PC Minutes 08\PC Draft Minutes 08 05 08.docx ITEM NUMBER: 3 DATE: 8-19-08 Atascadero Planning Commission Staff Report — Community Development Department Scott Kaiser, Planning Intern, 470-3470, skaiser@atascadero.org PLN 2008-1277 / TRP 2008-0118 Precise Plan and Tree Removal Permit 10560 San Marcos Road (Kutzmann) SUBJECT: The proposed project consists of a request to remove one (1) Blue Oak totaling 38 inches DBH. 1l ll ► Slop Staff Recommends: The Planning Commission adopt resolution PC 2008-0042 to allow the removal of one (1) Blue Oak totaling 38 inches DBH subject to conditions and mitigation consistent with the Atascadero Native Tree Ordinance. SITUATION AND FACTS: 1. Property Owner: David & Patricia Kutzmann, 45220 Parkmeadow Dr. Fremont, CA 94539 2. Applicant: Sujo Design, 547 42nd Avenue San Francisco, CA 94121 3. Project Address: 10560 San Marcos Road, Atascadero, CA 93422 APN # 055-041-013 4. Certified Arborist: A&T Arborists, PO Box 1311 Templeton CA, 93465 5. General Plan Designation: Rural Estate (RE) 6. Zoning District: Residential Suburban (RS) 7. Site Area: 6.92 acres ITEM NUMBER: 3 DATE: 8-19-08 8. Existing Use: Vacant 9. Environmental Status: Consistent with Proposed Mitigated Negative Declaration 2008-0014 DISCUSSION: Site Description The existing lot is 6.92 acres and slopes steeply from the southeast to the northwest. The average slope at the building site is approximately 17%. The site has a dense tree canopy consisting of Blue Oaks, Valley Oaks, and Live Oaks. The site is currently vacant. Site Design As designed, the proposed residence is 3,465 square feet with a 660 square foot attached garage. The proposed residence is two -stories and uses a stem wall foundation to minimize the amount of grading. The proposed stem wall foundation is consistent with the Hillside Grading Standards. The project proposes 500 cubic yards of cut and 300 cubic yards of fill. The proposed driveway will take access from an easement on the neighboring parcel to the south which connects to San Marcos Road. The average slope of the proposed driveway is approximately 15 %. A proposed interceptor channel located uphill of the driveway will receive and direct runoff to behind the residence to the north. Several storm water detention systems are proposed to reduce the impacts of storm water runoff resulting from the construction of the residence and driveway. The proposed residence will be served by an on-site septic system. The proposed septic system and leach fields have been designed to remain outside the driplines of existing native trees and therefore, the impacts will be minimal. ITEM NUMBER: 3 DATE: 8-19-08 Proposed Grading Plan Proposed .•.f. w Left Elevation Front Elevation ITEM NUMBER: 3 DATE: 8-19-08 • ti ti 4 Right Elevation M Native Trees i 1 L 1 Rear Elevation An Arborist Report has been submitted to identify the impacts construction will have on the existing native trees. The proposed residence and access driveway will impact a total of 20 native trees. One Blue Oak totaling 38 inches DBH is proposed for removal. The remaining native trees impacted from the construction of the residence and driveway will be impacted less than 45 percent and do not require payment into the tree mitigation fund. The Atascadero Native Tree Ordinance requires native tree removals be mitigated through a tree mitigation fund. The applicant shall pay $633.33 into the tree mitigation fund for the removal of the Blue Oak. All other mitigation measures suggested in the arborist report shall be followed during construction of the residence and driveway. Tree removal mitigation: $633.33 Evergreen Native Trees (inches) dbh notes 1 0 -inches 2 3 15 Total 0 -inches Mitigation Requirement req'd tree replacements: 0 five gal trees Proposed Replanting 0 five gal trees 0 fifteen gal trees 0 box trees (24") Remaining Mitigation 0 five gal trees Tree Fund Payment: $ CONCLUSIONS: ITEM NUMBER: 3 DATE: 8-19-08 Deciduous Native Trees (inches) I Totals dbh notes 1 38 BO #1 2 3 15 Total 38 -inches 38 -inches req'd tree replacements 13 five gal trees Proposed Replanting 0 five gal trees 0 fifteen gal trees 0 box trees (24") Remaining Mitigation 13 five gal trees Tree Fund Payment: $ 633.33 0 five gal trees 0 fifteen gal trees 0 box trees (24") 13 five�gel itto5- $ i 633.33 ` The submitted application consists of a proposal to remove one (1) mature Blue Oak totaling 38 inches DBH. The proposed project has been designed to minimize impacts to the slope and trees as much as possible. If approved, the applicant shall pay $633.33 into the tree mitigation fund. In addition to paying into the tree fund, the applicant shall follow the mitigation measures outlined in the Arborist Report. ALTERNATIVES: 1. The Commission may approve the subject as conditioned or add additional or revised project conditions. 2. The Commission may deny the project if it is found to be inconsistent with the Native Tree Ordinance or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. ATTACHMENTS: Attachment 1 — Location Map (General Plan & Zoning) Attachment 2 — Aerial Photo Attachment 3 — Site Plan / Grading Plan Attachment 4 — Arborist Report Attachment 5 — Tree Protection Plan Attachment 6 — Draft Resolution PC 2008-0042 ITEM NUMBER DATE: 8-19-08 ATTACHMENT 1: Location Map (General Plan and Zoning) PLN 2008-1277 10560 San Marcos Road Project Site 10560 San Marcos Rd. Zone: Residential Suburban (RS) Land Use Designation: Rural Estate (RE) ITEM NUMBER DATE: 8-19-08 ATTACHMENT 2: Aerial Photo 10560 San Marcos Road ITEM NUMBER: 3 DATE: 8-19-08 ATTACHMENT 3: Site Plan / Grading Plan !j$�ILi� 0�(gE Ill,i .tg 9• ;�� w fit ' �' --;' •i� i _ :+favi '°-_i'�16i5 --s AT - IL kt- 81 {•q�: � ��' ��{,6 •:i day. NN ^gAl ^�aaa i gat SAN •. %� L • !` Ilp s All all C i1 }} E i!•�5;v 2 a• h �•iese � �! �� €! 0 :! z • 'tC ` A- ITEM NUMBER DATE: 8-19-08 ATTACHMENT 4: Arborist Report A & T AR80RISTS P.O. BOX 1511 TEMPLETON, CA 83465 (805) 4340151 12-12-07 Kutzmann JUN 17 2008 10560 San Marcos Road COMMUNITY DEVELDPM Atascadero, CA 93422 This tree protection plan is in regard to the existing empty parcel located at the above address in Atascadero, CA. The property currently has an existing dirt road leading to the building site. The area is has a fairly dense tree canopy consisting of blue oaks (Quercus douglasii), valley oaks (Quercus lobata), and coast live oaks (Quercus agrifolia). Trees #18, 20, 21, 25, and 26 are along the existing dirt driveway and have been impacted to some degree due to some filling and cutting. All the driveway trees appear to be in relatively good health. There be some driveway widening in order to comply with city standards. Tree #16, 18, and 19 will require retaining walls placed within three to four feet from the trunks. Preferably, the walls would be located at least six to seven feet away. Unfortunately, widening to driveway the opposite direction will affect other trees and home orientation. To give the trees the best chance for survival, the following mitigation measures must be followed: • Onsite arborist monitoring during driveway grading • Roots cannot be ripped by grading operator • Roots shall be properly cut • Exposed cut roots shall be covered with wet burlap and kept wet twice per day until backfilling is complete • Project arborists shall inspect every other day and document above compliance • Trees shall be treated with Arborfos fungicide • Trees shall be treated with Xytect 2f insecticide • Trees shall be treated with Cambistat plant growth regulator Fill on the down slope portions of the driveway cannot be placed against the trunks of the trees. Either retaining walls or gravity walls will need to be incorporated if the fill cannot be kept off of the trunks. Tree #1, a 38 blue oak will need to be removed as it is in the middle of the proposed home. Tree #11 is a 23" diameter blue oak with the edge of the trunk located approximately 7.5 feet from the proposed home. With the standard five foot over -excavation required for the home footing, we feel the impact to this tree would cause decline and or death. The project engineer assured the arborists no over -excavation would be required due to soil quality. In order to mitigate this grading impact, the above root pruning measures shall also be followed. In addition, no trenching can occur in the undisturbed portion of the drip line area. The utilities shall be routed either down the driveway or directly from San Marcos Road outside of all drip lines. Any trenching within the drip lines for septic and water detention shall be monitored following the trenching mitigation outline below. The detention basin shall be re -located outside of the ITEM NUMBER: 3 DATE: 8-19-08 drip lines of trees 434 and 435. The surveyor did not plot these trees therefore their locations are only estimates. It is the responsibility of the owner to provide a copy of this tree protection plan to any and all contractors and subs that work within the drip line of any native tree. It is highly recommended that each contractor sign and acknowledge this tree protection plan. This project shall require an on-site pre -construction meeting with the city, owner, grading contractor and the arborist. Topics will include fencing, monitoring and requirements for a positive final occupancy letter. All trees potentially impacted by this project are numbered and identified on both the grading plan and the spreadsheet. Trees are numbered on the grading plans and in the field with an aluminum tag. Tree protection fencing is shown on the grading plan. In the field, trees to be saved have yellow tape and trees to be removed have red tape. Tree Rating System A rating system of 1-10 was used for visually establishing the overall condition of each tree on the spreadsheet. The rating system is defined as follows: Ratine Condition 0 Deceased 1 Evidence of massive past failures, extreme disease and is in severe decline. 2 May be saved with attention to class 4 pruning, insect/pest eradication and future monitoring. 3 Some past failures, some pests or structural defects that may be mitigated by class IV pruning. 4 May have had minor past failures, excessive deadwood or minor structural defects that can be mitigated with pruning. 5 Relatively healthy tree with little visual structural and or pest defects. 6 Healthy tree that probably can be left in its natural state. 7-9 Have had proper arboricultural pruning and attention or have no apparent structural defects. 10 Specimen tree with perfect shape, structure and foliage in a protected setting (i.e. park, arboretum). The following mitigation measures/methods must be fully understood and followed by anyone working within the drip line of any native tree. Any necessary clarification will be provided by us (the arborists) upon request. Fencing: The proposed fencing shall be shown in orange ink on the grading plan. It must be a minimum of 4' high chain link, snow or safety fence staked at the edge of the drip line or line of encroachment for each tree or group of trees. The fence shall be up before any construction or earth moving begins. The owner shall be responsible for ITEM NUMBER: 3 DATE: 8-19-08 maintaining an erect fence throughout the construction period. The arborist(s), upon notification, will inspect the fence placement once it is erected. After this time, fencing shall not be moved without arborist inspection/approval. If the orange plastic fencing is used, a minimum of four zip ties shall be used on each stake to secure the fence. All efforts shall be made to maximize the distance from each saved tree. The fencing must be constructed prior to the city pre -construction meeting for inspection by the city and the arborists. Soil Aeration Methods: Soils within the drip line that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include water jetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with a 24" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist(s) shall advise. Chip Mulch: All areas within the drip line of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction. Trenching Within Drip Line: All trenching for foundations within the drip line of native trees shall be hand dug. All major roots shall be avoided whenever possible. All exposed roots larger than I" in diameter shall be clean cut with sharp pruning tools and not left ragged. A Mandatory meeting between the arborists and grading/trenching contractor(s) shall take place prior to work start. This activity shall be monitored by the arborist(s) to insure proper root pruning is talking place. Grading Within The Drip Line: Grading should not encroach within the drip line unless authorized. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. Exposed Roots: Any exposed roots shall be re-covered the same day they were exposed. If they cannot, they must be covered with burlap or another suitable material and wetted down 2x per day until re -buried. Equipment Operation: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. Also there is to be no parking of equipment or personal vehicles in these areas. All areas behind fencing are off limits unless pre -approved by the arborist. Existing Surfaces: The existing ground surface within the drip line of all native trees shall not be cut, filled, compacted or pared, unless shown on the grading plans and approved by the arborist. Construction Materials And Waste: No liquid or solid construction waste shall be dumped on the ground within the drip line of any native tree. The drip line areas are not for storage of materials either. Arborist Monitoring: An arborist shall be present for selected activities (trees identified on spreadsheet and items bulleted below). The monitoring does not necessarily have to be continuous but observational at times during these activities. It is ITEM NUMBER DATE: 8-19-08 the responsibility of the owner(s) or their designee to inform us prior to these events so we can make arrangements to be present. It is the responsibility of the owner to contract (prior to construction) a locally licensed and insured arborist that will document all monitoring activities. pre -construction fence placement any utility or drainage trenching within any drip line All grading and trenching near trees requiring monitoring on the spreadsheet Pre -Construction Meeting: An on-site pre -construction meeting with the Arborist(s), Owner(s), Planning Staff, and the earth moving team shall be required for this project. Prior to final occupancy, a letter from the arborist(s) shall be required verifying the health/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall verify that the arborist(s) were on site for all grading and/or trenching activity that encroached into the drip line of the selected native trees, and that all work done in these areas was completed to the standards set forth above. Pruning: Class 4 pruning includes -Crown reduction pruning shall consist of reduction of tops, sides or individual limbs. A trained arborist shall perform all pruning. No pruning shall take more than 25% of the live crown of any native tree. Any trees that may need pruning for road/home clearance shall be pruned prior to any grading activities to avoid any branch tearing. Landscape: All landscape under the drip -line shall be drought tolerant or native varieties. Lawns shall be avoided. All irrigation trenching shall be routed around drip lines; otherwise above ground drip -irrigation shall be used. It is the owner's responsibility to notify the landscape contractor regarding this mitigation. Utility Placement: All utilities and sewer/storm drains shall be placed down the roads/driveways and when possible outside of the drip lines. The arborist shall supervise trenching within the drip line. All trenches in these areas shall be exposed by air spade or hand dug with utilities routed under/over the roots. Roots greater than 2 inches in diameter shall not be cut. Fertilization and Cultural Practices: As the project moves toward completion, the arborist(s) may suggest either fertilization and/or mycorrhiza applications that will benefit tree health. Mycorrhiza offers several benefits to the host plant, including faster growth, improved nutrition, greater drought resistance, and protection from pathogens. The included spreadsheet includes trees listed by number, species and multiple stems if applicable, diameter and breast height (4.5'), condition (scale from poor to excellent), status (avoided, impacted, removed, exempt), percent of drip line impacted, mitigation required (fencing, root pruning, monitoring), construction impact (trenching, grading), recommended pruning and individual tree notes. ITEM NUMBER DATE: 8-19-08 If all the above mitigation measures are followed, we feel there will be no additional long-term significant impacts to the remaining native trees. The health of trees #11, #16, # 18, and # 19 should be inspected on a yearly basis for a minimum of three years in case additional mitigations are necessary. A & T Arborists strongly suggests that the responsible party (owner of their designee) make copies of this report. Any reproduction by A & T Arborists or changes to this original report will require an additional charge. Please let us know if we can be of any future assistance to you for this project. Steven G. 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PC 2008-0042 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2008-1277 / TREE REMOVAL PERMIT 2008-0118, REMOVAL OF NATIVE TREES FOR CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE AT 10560 SAN MARCOS ROAD (KUTZMANN) WHEREAS, an application was received from David and Particia Kutzmann, 45220 Parkmeadow Dr., Fremont, CA 94539, (Owner), and Sujo Design, 547 42nd Avenue, San Francisco, CA 94121 (Applicant), for a Tree Removal Permit to remove one (1) native tree with a total 38 inches DBH; and, WHEREAS, the proposed project has a General Plan Designation of Residential Suburban (RS) and is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies and the Native Tree Ordinance; and, WHEREAS, the site is located in the Residential Suburban (RS) which allows for the proposed use and density when certain findings are made; and, WHEREAS, the proposed Amendments are consistent with the proposed Mitigated Negative Declaration prepared for the 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, the Planning Commission held a duly noticed public hearing to consider the proposed Tree Removal Permit application on August 19, 2008 at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public. NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Certifying 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 ITEM NUMBER: 3 DATE: 8-19-08 considerable; and, 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. SECTION 2. Findings for tree removal. The Planning Commission finds as follows: 1. The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: • Early consultation with the City; • Consideration of practical design alternatives; • Provision of cost comparisons (from applicant) for practical design alternatives; • If saving the tree eliminates all reasonable uses of the property; or • If saving the tree requires the removal of more desirable trees. SECTION 3. Approval, The Planning Commission does hereby approve Tree Removal Permit 2008-0118 to remove one (1) native tree with a total 38 inches DBH to establish a Single - Family Residence, subject to the following Conditions and Exhibits: EXHIBIT A: Mitigated Negative Declaration EXHIBIT B: Conditions of Approval / Mitigation Monitoring EXHIBIT C: Tree Protection Plan / Site Plan EXHIBIT D: Tree Mitigation Chart ITEM NUMBER: 3 DATE: 8-19-08 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 Frace Planning Commission Secretary ITEM NUMBER DATE: 8-19-08 EXHIBIT A: Mitigated Negative Declaration 2008-0014 TRP 2008-0118 / PLN 2008-1277 See Attached ITEM NUMBER DATE: 8-19-08 EXHIBIT B: Conditions of Approval / Mitigation Monitoring TRP 2008-0118 / PLN 2008-1277 Conditions of Approval Timing Responsibility /Monitoring TRP 2008-01181 PLN 2008-1277 FM; Firal Map BL: Business License PS: Planning Services GP: Grading Permit BS: Building Services Address: 10560 San Marcos Road Fl: Building Permn FI: Final Inspection FD: Fire Department PD: Police Department TO: Temporary Occupancy CE: City Engineer FO: Final Occupancy WW: Wastewater CA: City Attorney Standard Planning Conditions 1. The approval of this application shall become final, subject to the completion of FM PS the conditions of approval, 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. Project Planning Conditions 2. Prior to issuance of construction permits all tree mitigation fees shall be GP/BP PS paid. 3. All recommendations and tree protection measures, as outlined in the Tree GP/FM PS Protection Report, prepared by A&T Arborists shall be implemented prior to and during all construction activity on the project site. 4. All utilities shall be located outside the driplines of native trees. GP/BP PS/Pw 5. An on-site pre -construction meeting shall be required between the City, GP/BP PS arborist, applicant, and grader prior to permit issuance. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area, as to the tree protection plan 6. Upon project completion, a final status report shall be prepared by the FO PS Project Arborist certifying that the tree protection plan was implemented, the trees were protected during construction, and arborist monitoring took place as required. Mitigation Measures Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP BS/PS applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment • Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). • Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. ITEM NUMBER DATE: 8-19-08 Conditions of Approval TRP 2008-0118 / PLN 2008-1277 Address: 10560 San Marcos Road Timing FM; FiM Map BL: Business License GP: Grading Permit FI: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re - vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast -germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 3.b.2: The project shall be conditioned to comply with all BP BS/PS applicable APCD regulations pertaining to Naturally Occurring Asbestos. Prior to any gradingactivities at the site, the project proponent shall ensure that a ITEM NUMBER DATE: 8-19-08 Conditions of Approval Timing Responsibility /Monitoring TRP 2008-0118 / PLN 2008-1277 FM; FiM Map BL: Business License PS: Planning Services GP: Grading Permit BS: Building Services Address: 10560 San Marcos Road FI: Building Permit FI: Final Inspection FD: Fire Department PD: Police Department TO: Temporary Occupancy CE: City Engineer FO: Final Occupancy WW: Wastewater CA: City Attorney geologic evaluation is conducted to determine if NOA is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the District (see Attachment 1). If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Refer to the APCD web page at http://www.slocleanair.org/business/asbestos. asp for more information or contact Tim Fuhs of the Enforcement Division at 781-5912. Dust Control Measures for Construction and Grading Operation Projects One Acre or Less: No person shall engage in any construction or grading operation on property where the area to be disturbed is one (1.0) acre or less unless all of the following dust mitigation measures are initiated at the start and maintained throughout the duration of the construction or grading activity: (A) Construction vehicle speed at the work site must be limited to fifteen (15) miles per hour or less; (B) Prior to any ground disturbance, sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; (C) Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; (D) Storage piles must be kept adequately wetted, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile; (E) Equipment must be washed down before moving from the property onto a paved public road; and (F) Visible track -out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four (24) hours. Mitigation Measure 3.b.3: Developmental burning of vegetative material is BP BS/PS prohibited. Under certain circumstances where no technically feasible alternatives are available, limited developmental burning under restrictions may be allowed. This requires prior application, payment of fee based on the size of the project, APCD approval, and issuance of a burn permit by the APCD and the local fire department authority. The applicant is required to furnish the APCD with the study of technical feasibility (which includes costs and other constraints) at the time of application. For any questions regarding these requirements, contact Karen Brooks of the Enforcement Division at 781-5912. Mitigation Measure 3.b.4: Under APCD Rule 504, only APCD approved wood BP BS/PS burning devices can be installed in new dwelling units. These devices include: ITEM NUMBER DATE: 8-19-08 Conditions of Approval Timing Responsibility /Monitoring TRP 2008-0118 / PLN 2008-1277 FM; FiM Map BL: Business License PS: Planning Services GP: Grading Permit BS: Building Services Address: 10560 San Marcos Road FI: Building Permit FI: Final Inspection FD: Fire Department PD: Police Department TO: Temporary Occupancy CE: City Engineer FO: Final Occupancy WW: Wastewater CA: City Attorney • All EPA -Certified Phase II wood burning devices; • Catalytic wood burning devices which emit less than or equal to 4.1 grams per hour of particulate matter which are not EPA -Certified but have been verified by a nationally -recognized testing lab; • Non -catalytic wood burning devices which emit less than or equal to 7.5 grams per hour of particulate matter which are not EPA -Certified but have been verified by a nationally -recognized testing lab; • Pellet -fueled woodheaters; and • Dedicated gas-fired fireplaces. Questions about approved wood burning devices, should be refered to Tim Fuhs in the Enforcement Division at 781-5912. Mitigation Measure 4.e.1: The developer shall contract with a certified arborist BP BS/PS during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) Arborist monitoring shall take place during tree removals and during any grading or construction beneath native tree driplines, as outlined in the arborist report. (b) All mitigation measures as outlined in the arborist report submitted on 6/17/2008 by A&T arborist shall be implemented. Only the trees approved for removal shall be removed prior to construction. All efforts shall be made to ensure the health of the impacted trees during work on-site. (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of 1/4 inch granite covered with one -inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one -foot by one -foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 4.e.2: BP BS/PS 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be ITEM NUMBER DATE: 8-19-08 Conditions of Approval Timing Responsibility /Monitoring TRP 2008-0118 / PLN 2008-1277 FM; FiM Map BL: Business License PS: Planning Services GP: Grading Permit BS: Building Services Address: 10560 San Marcos Road FI: Building Permit FI: Final Inspection FD: Fire Department PD: Police Department TO: Temporary Occupancy CE: City Engineer FO: Final Occupancy WW: Wastewater CA: City Attorney pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 5. All trees within twenty feet of construction work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. 7. Utilities such as water, gas, power, cable, storm drainage, and sewer should be redirected from under the canopy of any trees that are to remain. 8. Where a building is placed within the canopy of a tree the foundation should be redesigned so that it bridges across any root systems. 9. Any foundation or other structure that encroaches within the drip line of trees to be saved shall be dug by hand. 10. At no time shall tree roots be ripped with construction equipment. Mitigation Measure 4.e.3: An on-site pre -construction meeting shall be required BP PS between the City, arborist, applicant, and grader prior to permit issuance. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area, as to the tree protection plan. Mitigation Measure 4.e.4: Tree mitigation fees shall be paid per the BP PS requirements of the Atascadero Native Tree Ordinance. Mitigation Measure 4.e.5: All utilities shall remain outside of all driplines of BP PS native trees. Mitigation Measure 4.e.6: There shall be no over -excavation around tree BP PS number 11. Mitigation Measure 4.e.7: Arborist shall be present to monitor grading and BP PS installation of driveway around tree numbers 16,18, and 19. All mitigation measures outlined in the arborist report submitted 6/17/08 for above trees shall be implemented. Mitigation 5.d.1: Should any human remains be discovered on the property, all Ongoing PS work on the project shall stop and the County Coroner contacted. If the human remains are identified as being Native American, the California Native American Heritage Commission (NAHC) shall be contacted at (916) 653-4082. The Atascadero Police Department and the Community Development Department shall also be contacted. Mitigation Measure 6.b.1: All cut and fill slopes shall be hydro seeded with an BP BS/PS appropriate erosion control method (erosion control blanket, hydro -mulch, or straw mulch appropriately anchored) immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean up of any mud or debris that is tracked onto public streets by construction vehicles. ITEM NUMBER DATE: 8-19-08 Conditions of Approval Timing Responsibility /Monitoring TRP 2008-0118 / PLN 2008-1277 FM; FiM Map BL: Business License PS: Planning Services GP: Grading Permit BS: Building Services Address: 10560 San Marcos Road FI: Building Permit FI: Final Inspection FD: Fire Department PD: Police Department TO: Temporary Occupancy CE: City Engineer FO: Final Occupancy WW: Wastewater CA: City Attorney Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that all BP BS/PS contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.d.1: All construction activities shall comply with the City BP BS/PS of Atascadero Noise Ordinance for hours of operation. EXHIBIT C: Tree Protection Plan / Site Plan EXHIBIT D: ITEM NUMBER: 3 DATE: 8-19-08 ` � � .••___ -"_ - �__- ,``, 11,`''1 --_- __- ___- �t�"E �! OS ROgO141 r R �i4A4 34, Tree removal mitigation: $633.33 Evergreen Native Trees (inches) dbh notes 1 0 -inches 2 3 15 Total 0 -inches Mitigation Requirement ITEM NUMBER: 3 DATE: 8-19-08 Deciduous Native Trees (inches) I Totals dbh notes 1 38 BO #1 2 3 15 Total 38 -inches 38 -inches req'd tree replacements: 0 five gal trees req'd tree replacements 13 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 fifteen gal trees 0 fifteen gal trees 0 box trees (24") 0 box trees (24") Remaining Mitigation 0 five gal trees Remaining Mitigation 13 five gal trees Tree Fund Payment: $ Tree Fund Payment: $ 633.33 0 five gal trees 0 fifteen gal trees 0 box trees (24") 13 five.9at trees — 633.33 ` ITEM NUMBER: 4 DATE: g-1 g -ng Atascadero Planning Commission Staff Report - Community Development Department Kelly Gleason, Senior Planner, 470-3436, kgleason@atascadero.org West Front Village Conditions of Approval Amendment PLN 2008-1302/Amendment to CUP 2003-0108/TTM 2003-0035 (PD -23) West Front Village (City of Atascadero — Public Works Dept.) RECOMMENDATION: Staff Recommends: Planning Commission adopt Resolution PC 2008-0044 to approve Amendments to the Conditions of Approval for the West Front Village Development related to traffic mitigation at the West Front Road/Santa Rosa intersection based on findings and subject to amended Conditions of Approval. REPORT -IN -BRIEF: The proposed project consists of a request by the City Engineer to amend project conditions related to the requirements to mitigate traffic impacts through the construction of a median in Santa Rosa Road at the West Front Road intersection. The median has been installed and, according to the City Engineer, does not remedy traffic conditions at the intersection and is exacerbating neighborhood traffic concerns. The City Engineer is proposing to remove the recently constructed median. In addition, the City Engineer believes that the condition requiring the repaving of Old Santa Rosa Road will no longer be necessary with the elimination of the median and is requesting that this condition be removed. DISCUSSION: Situation and Facts: 1. Applicant: City of Atascadero City Engineer (Steve Kahn), 6907 EI Camino Real, Atascadero, CA 93422 2. Project Location 3. Environmental Status Background ITEM NUMBER: 4 DATE: R-1 g -ng Intersection of Santa Rosa Rd. and West Front Rd. Consistent with the previously certified Mitigated Negative Declaration for the West Front Village Development. On September 27, 2005, the City Council approved a Master Plan of Development and Mitigated Negative Declaration for Planned Development #23 to allow General Plan Amendment, Zone Map Change, establishment of a Planned Development Overlay Zone with a corresponding Master Plan of Development (CUP), and a Vesting Tentative Tract Map that would allow a commercial and residential development on a 13.35 -acre site. The project was conditioned to construct a median in Santa Rosa Road restricting turning movements to right turns only onto Santa Rosa Road from West Frontage Road to the south of Santa Rosa Road. This would require residents living south of Santa Rosa Road to use Old Santa Rosa Road should they desire to turn left across traffic onto Santa Rosa Road. The installation of the median, as recommended by the Traffic Engineer, reduced the number of conflicting turn movements and maintained the appropriate level of service for the intersection. ANALYSIS: The median was installed in June 2008, and the neighborhood residents expressed concerns about the restricted traffic options resulting from the raised median. The City Engineer reviewed the traffic situation and submitted an application to amend the Conditions of Approval for the West Front Village Master Plan of Development and Tentative Map thus eliminating the requirement for the construction of the median and allowing for its removal. In addition, the City Engineer believes that, through the elimination of the median, the condition requiring repaving of Old Santa Rosa Road will no longer be required as additional traffic, resulting from the medians installation, will be eliminated. General Plan Consistency In place of the median, the City Engineer is recommending that the intersection be striped to provide a left turn pocket for southbound traffic turning onto West Front Road. This will allow straight through traffic traveling on Santa Rosa Road to be unimpeded. The City Engineer thinks that the level of service for the intersection operation will be acceptable with the elimination of the median. ITEM NUMBER: 4 DATE: 8-19-08 Proposed Environmental Determination The Mitigated Negative Declaration prepared for the project was certified by the City Council on September 27, 2005. The certified Mitigated Negative Declaration contained the following mitigation measure: Mitiqation Measures TRA -1: The following mitigation measures have been identified and/or the equitable share has been calculated: A. Santa Rosa Road/US 101 interchange: Install traffic signals and consider coordination with nearby and future traffic signals. As a result of cumulative traffic growth within the vicinity of this interchange and the existing substandard design of this tight diamond interchange, the existing all -way stop controlled intersections are forecasted to degrade to unacceptable LOS "F" conditions during the PM peak In addition, the projected traffic volumes during the PM peak hour period meet Caltrans' Peak Hour Warrant 11 (Urban Areas) for both intersections. A queuing analysis was performed along Santa Rosa Road between the two future signalized ramp heads. It was determined that there is not adequate space between the two ramp intersections to accommodate traffic signals at this location. However, if these traffic signals were coordinated, traffic flow would be improved. A detailed analysis would be required. Ultimately, this substandard interchange needs to be improved to Caltrans' current standards. Therefore, it is recommended that the City and/or Caltrans conduct a Project Study Report (PSR) for this interchange to determine future improvements. These future improvements may include consideration of roundabouts and/or re- aligning surface streets in addition to the recommendations made by OMNI -MEANS. Based upon Caltrans' Guide for Preparation of Traffic Impact Studies (June 2001), the equitable share responsibility was calculated during the PM peak hour period. Based upon the project's contribution to the PM peak hour traffic growth at this intersection, the project's `fair -share" of improvements at the intersection of Santa Rosa Road/West Front Road/US 101 SB On Ramp is projected to be 43.5% [259/(1,652-1,056)]. At the intersection of Santa Rosa Road/East Front Road/US 101 NB Ramps, the project's "fair -share" of improvements is projected to be 31.4% [176/(2,011-1,451)]. With recommended improvements at these intersections, the AM and PM peak hour LOS are projected to operate acceptably. B. Project Driveways: It is recommended, and was assumed during this analysis, that the Portola Avenue/Driveway #1 operate as "right -turn -only" intersections. This is a result of the close proximity to the Portola Avenue/West Front Road intersection. It is further recommended that acceleration and deceleration lanes be installed that comply with the City's development standards. Based upon the forecasted traffic volumes at these locations, the acceleration and deceleration lanes should be a minimum of 50 feet for the eastbound right turn lane. For the West Front Road Driveway #2 and West Front Road/Driveway #3, the acceleration and deceleration lanes should also be a minimum of 50 feet. C. Santa Rosa Road/EI Camino Real Intersection: Provide for dual northbound left turning movements on EI Camino Real to accommodate the forecasted increase in traffic volume at this intersection. Implementation of the proposed mitigation measure is forecasted to result in acceptable OS through Year 2025. Under Year 2025 Base plus Project Conditions, the project's "fair share" of improvements at the intersection is projected to be 8.9% [9312,947-2,235)]. The current proposed Amendments remain consistent with the adopted traffic mitigation measure. Staff recommends the Planning Commission find that the project is consistent with the previously certified Environmental Document. ITEM NUMBER: 4 DATE: R-1 g-nR Conclusion The proposed Amendments to the Conditions of Approval for the project are consistent with the Zoning Ordinance, including applicable provisions of the Planned Development #23 Overlay Zone, and have been reviewed and accepted by the City Engineer. ALTERNATIVES 1. The Commission may require modifications to the conditions of approval related to the traffic mitigation requirement for a median in Santa Rosa Road at West Front. 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 Amendment. The Commission should specify the reasons for denial of the project and recommend an associated finding with such action. If the proposed Amendment is denied, the original conditions will remain in effect and the median will remain as constructed. ATTACHMENTS: Attachment 1: Draft Resolution 2008-0044 ITEM NUMBER: 4 DATE: 8-19-08 ATTACHMENT 1: Draft Resolution PC 2008-0044 DRAFT RESOLUTION PC 2008-0044 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA APPROVING PLN 2008- 13023, AN AMENDMENT TO CUP 2003-0108 AND TTM 2003-0035 TO MODIFY THE CONDITIONS OF APPROVAL RELATED TO TRAFFIC MITIGATION REQUIREMENTS FOR THE INSTALLATION OF A MEDIAN IN SANTA ROSA RD AT WEST FRONT RD. West Front Village (City of Atascadero City Engineer) WHEREAS, an application has been received from Steve Kahn, City of Atascadero Engineer, 6907 El Camino Real, Atascadero, CA 93422, (Applicant), and West Front Village, LLC, 1301 Chorro Street, San Luis Obispo, CA 93401, (Property Owner), to consider a project consisting of an Amendment to the Conditions of Approval for Conditional Use Permit 2003-0108 (West Front Village Master Plan of Development) and Tentative Tract Map 2003-0035; and, WHEREAS, the site's current General Plan Designation is GC/MDR/SFR-X; and, WHEREAS, the site's current zoning district is CR/RMF-10/RSF-X/PD23; and, WHEREAS, the project was conditioned to provide a median in Santa Rosa Rd at West Front Rd as part of the traffic mitigation for the West Front Village project; and, WHEREAS, the proposed Amendments are consistent with the previously certified Mitigated Negative Declaration prepared for the 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 application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on August 19, 2008, studied and considered amendments to CUP 2003-0108 and TTM 2003-0035; and, ITEM NUMBER: 4 DATE: 8-19-08 NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of CUP 2003-0108/TTM 2003-0035 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, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the planned Development #23 Overlay Zone; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on August 19, 2008, resolved to approve the proposed amendments to Conditional Use Permit 2003-0108 and Tentative Tract Map 2003-0035 subject to the following: EXHIBIT A: Conditions of Approval ITEM NUMBER: 4 DATE: A_la_nR On motion by Commissioner , and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Roberta Fonzi Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 8-19-08 EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program Conditional Use Permit 2003-0108 and Tentative Tract Map 2003-0035 Amendment 2008 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services License BS: Building Services West Front Village GP: Grading FD: Fire Department Conditional Use Permit Amendment Permit BP: Building PD: Police Department CE: City Engineer CUP 2003-0108/TTM 2003-0035 Permit FI: Final CA: Wastewater CA: Wastewater City Inspection TO: Temporary Occupancy F0: Final Occupancy Public Works Department Conditions 1. Traffic Mitigation shall be amended as follows: GP, BP CE A Traffic Impact Study was produced for this project by Omni -Means. In the study there are recommended mitigation measures. Listed below are conditions to implement the mitigation measures: A. Santa Rosa Interchange: Install signals on the interchange at the intersection of the north and south bound ramp heads. Remove both 4 -way stops. B. West Front Street/Santa Rosa Road Intersection: I\AaLe this in+e rses+inp i nnly With the n ns+ri in+ien of a right and right G t erdian This Impreyernen+ shall he reviewed by Caltrans Dort and Ride Staff. Construct a left turn pocket for southbound left turns onto West Front Rd. from Santa Rosa Rd. and allow for unimpeded straight through traffic on Santa Rosa Rd. This Improvement shall be reviewed by Caltrans Park and Ride Staff. Repave anld stripe in+e roan+inn and Old Santa Rnsa Read +e a Rural I n al Read Standard (401). D. Portola Ave. Driveway (Gas Station) This driveway will be right in and right out only. A physical barrier will be placed to restrict this movement. These are improvements that are not identified as needed improvements in the City of Atascadero Circulation Element and the Growth Mitigation Program. Therefore, the growth mitigation fee does not cover the improvements ITEM NUMBER: 5 DATE: 8-19-08 Planning Commission Staff Report Staff Report - Community Development Department Callie Taylor, Associate Planner, 470-3448, ctaylor@atascadero.org PLN 2007-1233 Tentative Tract Map 2007-0099 8391 Amapoa Avenue (Vance / Severance / Missler) SUBJECT: The project consists of a proposed condominium map to create six (6) airspace units on one common lot. RECOMMENDATION: Planning Commission adopt Resolution PC 2008-0041 approving Tentative Tract Map 2007-0099 (PLN 2007-1233), to establish six airspace condominium units on one common lot, based on findings and subject to conditions. SITUATION AND FACTS: 1. Owner: Steve Severance, 1010 Redberry Place, Nipomo, CA 93444 & Zac Missler, 1717 Singletree Ct., San Luis Obispo, CA 93405 2. Applicant: Truitt Vance 6679 Morro Rd., Atascadero, CA 93422 3. Project Address: 8391 Amapoa Ave., Atascadero, CA 93422 APN: 031-241-019 4. General Plan Designation: High Density Residential 5. Zoning District: Residential Multi -Family - 16 (Maximum 16 du/ac) 6. Site Area: 0.3461 acres (approximately 15,050 square feet) 7. Existing Use: Vacant Lot 8. Environmental Status: Categorical Exemption: Class 3 and Class 32 ITEM NUMBER: 5 DATE: 8-19-08 DISCUSSION: Background: The property is located on the east side of Amapoa Avenue within the RMF -16 Zoning District. The parcel is currently undeveloped. City sewer serves the property, and water is available from the Atascadero Mutual Water Company. Analysis: The proposed map will create six airspace units on one legal lot of record. The six new residences are proposed as duplexes, with three total structures. Two of the units are 1,525 square feet and the other four units are 2,102 square feet. Each unit has either a one or a two car attached garage, providing a total of ten parking spaces in the garages of the six new units. Three guest parking spaces are provided towards the northeast area of the lot. The proposed project is designed to meet the parking requirements of the Zoning Ordinance. Scored and colored concrete shall be used on the driveway area in order to visually enhance the parking court (Condition 13). Laundry facilities will be installed in each unit, consistent with the City's multi -family development requirements (Condition 10). Enclosed storage areas have been provided in the garages (Condition 11). All trash receptacles shall be stored in the individual units garages (Condition 12). urainage area Site & Landscape Plan ITEM NUMBER: 5 DATE: 8-19-08 Landscape Plan: A preliminary landscape plan has been submitted with the condominium tract map. The landscape plan identifies London Plane trees and Crape Myrtles along the street frontage. Drought tolerant shrubs and ground covers are used throughout the landscape planters. A final landscape plan, identifying the irrigation system, and number and size of plants, will be required prior to construction. A minimum of 300 square feet of private open space has been provided for reach unit, as required by the Atascadero Municipal Code. The front units are provided open space in the front near Amapoa as well as in the back of the unit. All fences within the front 25 -foot setback from Amapoa are required to be less than three feet in height (Condition 16). An existing drainage area is located at the back of the existing lot and is required to be accessed by the City for maintenance. Due to the access requirements for the drainage area, a deck is not permitted to be built over the drainage. Therefore the 300 square feet of private open space for the two rear units is provided on the side yards. A condominium plan shall be recorded with the final map to indentify private use yard areas for reach unit. Architectural Design: The six condominium units have been designed in accordance with the appearance review manual and are consistent with the multi -family design requirements. The buildings have fairly large massing, but have been broken up with a variety of roof pitches, pop outs, and porches on each unit. Architectural details such as shutters, window trim, and trellis features over the garages are included. The windows have been scaled appropriately for the elevations and include clusters of traditional hung windows and grouping or architecturally compatible square windows. The front and sides of the buildings include stone veneer banding on the lower portion of the facade. The garage doors have been conditioned to be architectural grade and shall be painted a color (not white) which is compatible with the color scheme (Condition 21). .r_ I Building C Front elevation facing Amapoa Building A Front elevation facing Amapoa IF Building A Front elevation facing Amapoa ITEM NUMBER DATE: 8-19-08 Building B Front elevation facing parking court (Located at terminus of parking court, faces Amapoa) Building A Elevation facing parking court "J J-1 �I71 - F .3 - Building A Elevation facing parking court Building C Elevation facing parking court �C�I �I71 - Building C Elevation facing parking court ITEM NUMBER: 5 DATE: 8-19-08 Public Improvements: The project has been conditioned to comply with all standard public improvements for Amapoa, as conditioned by the City Engineer. Curb, gutter, and sidewalk shall be installed. Amapoa street frontage shall be slurry sealed (City Engineer Condition 1). Environmental Review: The project qualifies for a Class 3 and a Class 32 Categorical Exemption. Class 3 of CEQA (Section 15315) exempts the division of residentially zoned property in urbanized areas zoned into six or fewer parcels. Class 32 (Section 15332) exempts in -fill development. 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 3 -- Draft Resolution PC 2008-0041 ITEM NUMBER DATE: 8-19-08 ATTACHMENT 1: Location Map (General Plan / Zoning) TTM 2007-0099 (PLN 2007-1233) 8391 Amapoa Avenue Zone: Residential Multi -Family - 16 du/ac (RMF -16) Land Use Designation: High Density Residential (HDR) ATTACHMENT 2: Categorical Exemption TTM 2007-0099 (PLN 2007-1233) 8391 Amapoa Avenue ITEM NUMBER: 5 DATE: 8-19-08 CITY OF ATASCADE'RO NOTICE OF EXEMPTION 6907 El Camino Beal Atascadero, CA 93422 805.451.5000 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 2007-0099 (PLN 2007-1233) Project Location Include County): 8391 Amapoa Ave., Atascadero, California 93422 (San Luis Obispo County) Project Description: The project will create 6 airspace condominium units on one common, vacant lot, allowing individual sale of the units within a multi -family project. 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 (See. 21080(b)(3); 15269(a)) ❑ Emergency Project (Sec.21080 (b)(4); 15269(b)(c)) ® Categorical Exemption (Sec. 15303, Minor Land Divisions and Sec. 15332, Infill Developments) Reasons why project is exempt: Class 3 of CEQA (Section 15303) Exempts a duplex or similar multi -family residential structure totaling no more than four dwelling units. In urbanized areas, this exemption applies to apartments, duplexes, and similar structures designed for not more than six dwelling units. 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, or water quality. Date: August 11, 2008 Callie Taylor Associate Planner ITEM NUMBER: 5 DATE: 8-19-08 ATTACHMENT 3: Draft Resolution PC 2008-0041 TTM 2007-0099 (PLN 2007-1233) 8391 Amapoa Avenue DRAFT RESOLUTION PC 2008-0041 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING TENTATIVE TRACT MAP 2007-0099, ESTABLISHING SIX AIRSPACE UNITS ON ONE COMMON LOT AT 8391 AMAPOA AVENUE APN 031-241-019 (Vance, Severance, Missler) WHEREAS, an application was received from Truitt Vance, 6679 Morro Road, Atascadero, CA 93422 (Applicant), Steve Severance, 1010 Redberry Place, Nipomo, CA 93444 (Owner,) and Zac Missler, 1717 Singletree Ct., San Luis Obispo, CA 93405 (Owner) to consider a Tentative Tract Map to establish six (6) airspace units on one common lot on APN 031-241- 019; 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 3 and Class 32) 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 August 19, 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. Findincs 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, ITEM NUMBER: 5 DATE: 8-19-08 3. The site is physically suitable for the density of development proposed; and, 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 August 19, 2008 resolved to approve Tentative Tract Map 2007- 0099 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Tentative Tract Map 2007-0099 EXHIBIT C: Grading Plan EXHIBIT D: Site Plan/Landscape Plan EXHIBIT E: Street Improvement Plan EXHIBIT F: Elevations 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: 5 DATE: 8-19-08 , and seconded by the foregoing resolution is hereby adopted in its CITY OF ATASCADERO, CA Roberta Fonzi Planning Commission Chairperson ITEM NUMBER DATE: 8-19-08 EXHIBIT B: Conditions of Approval TTM 2007-0099/ PLN 2007-1233 Conditions of Approval Timing Responsibility TTM 2007-0099/ PLN 2007-1233 /Monitoring BL: Business License GP: Grading Permit PS: Planning Services 8391 Amapoa Avenue BP: Building Permit FI: Final Inspection BS: Building Services FD: Fire Department TO: Temporary Occupancy PD: Police Department CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney Standard Planning Conditions 1. This Conditional Use Permit shall be for a six unit condominium map Ongoing PS described on the attached exhibits and located on APN 031-241-019 regardless of owner. 2. The approval of this use permit shall become final and effective for the Ongoing 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. 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. 4. The Community Development Department shall have the authority to approve BP/FM 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. 5. 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. 6. 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. 7. The tract map shall be subject to additional fees for park or recreation FM PS purposes (QUIMBY Act) as required by City Ordinance. 8. 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. ITEM NUMBER DATE: 8-19-08 Conditions of Approval Timing Responsibility TTM 2007-0099/ PLN 2007-1233 /Monitoring BL: Business License GP: Grading Permit PS: Planning Services 8391 Amapoa 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 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 the unit's garage. f. A provision requiring that individual garages be maintained for vehicle parking. g. Fencing Standards (height, material, and style) 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. 9. 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 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 scored and colored concrete as BP/FO PS noted on the plan. 14. The porches on each unit shall be constructed of 6" x 6" minimum size wood BP PS members to make it look visually proportional to the rest of the structure. 15. A final landscape plan shall be submitted prior to building permit issuance. BP PS The landscape plan shall identify the number and size of plants to be used in each location. An irrigation plan shall be submitted with the landscape plan. Lawn areas shall be minimized. Drought tolerant shrubs and ground covers shall be used. 16. All fencing within the front setback (25 feet from Amapoa)shall be less than BP PS three feet in total height. Fencing beyond the front setback may be constructed up to 6 feet in height. Fencing design details shall be submitted with building permits. ITEM NUMBER DATE: 8-19-08 Conditions of Approval Timing Responsibility TTM 2007-0099/ PLN 2007-1233 /Monitoring BL: Business License GP: Grading Permit PS: Planning Services 8391 Amapoa 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 17. Trellis features shall be installed over the two car garages to break up the BP PS facades. 18. The drainage swale in the backyard areas shall be installed underground in BP PS order to provide a full 5 feet of useable private open space for the homeowners. 19. Stone veneer banding on the facades shall extend across entire walls where BP PS there are no breaks or pop -outs. Stone veneer shall extend to wrap around corners a minimum of 2 feet (including the back corners next to the rear yards) in order to create an authentic and integrated architectural feature. 20. A minimum of 300 square feet of private open space shall be provided for BP PS each unit. 21. Garage doors shall be architectural grade. Garage doors shall be painted a BP PS color compatible with the building color scheme, and shall not be white. Public Works Project Conditions City Engineer Project Conditions 1. Per municipal code section 9-4.160, the developer shall slurry seal Amapoa GP, BP CE 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 as GP, BP CE 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. 7. Slope easements shall be obtained by the applicant as needed to GP, BP CE accommodate cut or fill slopes. ITEM NUMBER DATE: 8-19-08 Conditions of Approval Timing Responsibility TTM 2007-0099/ PLN 2007-1233 /Monitoring BL: Business License GP: Grading Permit PS: Planning Services 8391 Amapoa 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 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 tract map. 10. The final tract map shall be signed by the City Engineer prior to the map being FM CE placed on the agenda for City Council acceptance. 11. Prior to recording the tract map, the applicant shall pay all outstanding plan FM CE check/inspection fees. 12. Prior to recording the tract map, the applicant shall bond for or complete all FM CE improvements required by these conditions of approval. 13. Prior to recording the tract map, the applicant shall submit a copy of a valid FM CE tax bond. 14. Prior to recording the tract map, the applicant shall bond for or set FM CE monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the tract map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 15. Prior to recording the tract map, the applicant shall submit a map drawn in FM CE substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 16. All existing and proposed utility, pipeline, open space, or other easements are FM CE to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. The applicant shall show all access restrictions on the final map. 17. Prior to recording the tract map, the applicant shall have the map reviewed by FM CE all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the tract map. 18. Prior to the issuance of building permits the applicant shall submit plans and GP, BP CE 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. 19. Prior to the issuance of building permits the applicant shall submit calculations GP, BP 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 ITEM NUMBER DATE: 8-19-08 Conditions of Approval Timing Responsibility TTM 2007-0099/ PLN 2007-1233 /Monitoring BL: Business License GP: Grading Permit PS: Planning Services 8391 Amapoa Avenue BP: Building Permit FI: Final Inspection BS: Building Services FD: Fire Department TO: Temporary PD: Police Department Occupancy CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney 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 so that it is equal to or less than undeveloped storm runoff. 21. Drainage basins shall be designed to desilt, detain and meter storm flows as GP, BP CE 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 method GP, BP CE 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. Applicant shall submit erosion control plans with the grading or building plan GP, BP CE application. 27. All public improvements shall be constructed in conformance with the City of GP, BP 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 tract map. GP, BP CE 29. Project shall include construction of curb, gutter and sidewalk along entire GP, BP CE frontage. 30. Alignment of frontage improvements shall be approved by the City Engineer. GP, BP CE 31. A mechanism to provide for the funding of maintenance for lighting, street GP, BP CE improvements, special paving surfaces, storm drain, common area landscape, open space, and hardscape shall be provided. 32. All utilities shall be undergrounded on project frontage GP, BP CE 33. All onsite sewer mains shall be privately owned and maintained. FM CE 34. Prior to recording the final map, provisions for the repair and maintenance of FM CE the private SS shall be included in the CC&R's for this tract. 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 ITEM NUMBER DATE: 8-19-08 Conditions of Approval Timing Responsibility TTM 2007-0099/ PLN 2007-1233 /Monitoring BL: Business License GP: Grading Permit PS: Planning Services 8391 Amapoa Avenue BP: Building Permit BS: Building Services FI: Final Inspection FD: Fire Department TO: Temporary PD: Police Department Occupancy CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney the final form prior to recordation. 35. Applicant shall pay sewer extension (Annexation), Connection and BP CE Reimbursement fees (if applicable) upon issuance of building permit. 36. Drainage piping serving fixtures which have flood level rims located below the BP CE elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve. ITEM NUMBER: 5 DATE: 8-19-08 EXHIBIT B: Tentative Tract Map PLN 2007-1233 /TTM 2007-0099 `J'NW33NION3 30NklR�d !i'tiilk�f nKao3nr� 'oamv�aryy F" � OEA� 191 3nV "�dM�1v F j„ isF '' ° LV6z # 13'�l seO6-t99 f60a1 w �r�"i�{� � � E 77 I iru I- N CO U i @ 0 9 I' > woul Z f '= E. Q 21 R3 d ^- 2\ so I, :i$ $a� V08" i I � I Bynr�B ITEM NUMBER DATE: 8-19-08 EXHIBIT C: Grading Plan PLN 2007-1233 /TTM 2007-0099 `JNIl133N{"M3 3014VAC V �� ,g a ,v ' .®oa•w. [mw ,� "� f 13 ;'�•L=ItF °l ;3 i lu!g ,ilislfi �; vaw<,rtr� 'oeaayssvitl c7Cf ia� 3k�: aodn+pi # L7tlMl S3woH pada 3NV7 I ! e 4d I 1 e � ip y'� s L 6E a pX t EE d� C n A • � 1? v I it "EF FIN #°I i G 0 a �= i D T EXHIBIT D: Site Plan / Landscape Plan PLN 2007-1233 /TTM 2007-0099 ITEM NUMBER: 5 DATE: 8-19-08 VNR133NMN3 33NYAOY n�• jLi11i! ,�Ijl{� �• f vr+aonVD •ou3av�svly oc• 10, 3nv vod—V --------------------------- 1 tj '1 .6001•. �•om.., rl• !tl a 53 �aYd 3NY WOFI -j •6001w i•o•i ;t{�tlll 1 W ITEM NUMBER: 5 DATE: 8-19-08 Q V � 1 Cal � J i o - ---- m N O _, --------------------------- 1 e� '1 a Q ` W t - r r W 0 6 8 e JNla�lni3 •-ry ! o Q E ON mF m a OJ m a- a uj S - .. ?. I J �:. If ap j f Q V � 1 Cal � J i o - ---- m N r 3nN3nV VOdVWV O _, 4 LL LL m o N N N 1 ny O 1• � 1l1 N � F� '1 a Q ` W t fi U r r W 0 ' 18l �`Wj Cf a<W y 8 Wp or i 2 CL o Q E ON mF m a OJ m r 3nN3nV VOdVWV ITEM NUMBER DATE: 8-19-08 EXHIBIT E: Street Improvement Plan PLN 2007-1233 /TTM 2007-0099 ONW33MON3301WA In i ti' Mill. I'l -fl€3 sIgh[ B{1 ,�L176Z it I�l # IDytil S3" NNVd 3)1" I IL C 5! _ _. Ai4 li l� u i< { p �a fi R _lit ■■ YI 4 O dllHl Nims ® ��m RRp d E us �M _® LL N Lu GL r I� fl wwwrmRamxnxawen ITEM NUMBER DATE: 8-19-08 EXHIBIT F: Elevations: Building A PLN 2007-1233 /TTM 2007-0099 ONRI33NION33�NY/�OV 1 �} i < l�i±il`l � "OjnrJ 'oaaav�sviV S y�� arca �J 'Ou.Pf I f a! O£• iol anV vo.�vwy /HY-V sit 0 7 2J as o. nw a 99 i6 t 1 saoo+v�+is0°oei ,�.. S3WOH NNVd 3NV-1 ! ! 1 W Q } In ,. illi 4!441 1 ! i UT413 - �� 1GGG Lf :J h nnn j I �oo 11 II Il J � iii �ooa ►. �� . ®® ►�� i ii i i i� i ITEM NUMBER DATE: 8-19-08 EXHIBIT F: Elevations: Building B PLN 2007-1233 /TTM 2007-0099 ONR223NIVNA 3']NVAC3V [si E�t� YiMaolnY�'OM3OYJSmly �j OFR 1Rl Shy YOdVftV •ar ounces ecce rt tFYI p "d tl7' Z # l�h'al 3 s ® � # y J7 t sagaKer Iwa> >n, :# 1� GAHO -I NUV 73Ab'"1 ! 13 t 5 J seoowere csoe� �., a 3 m W �I I' I f 11 f W -KI I j .IEEE I Pf 413 1z I j L J I . U11 I Unp . j W i r ii i ITEM NUMBER: 5 DATE: 8-19-08 EXHIBIT F: Elevations: Building C PLN 2007-1233 /TTM 2007-0099 DNW33NI`JN3 30NVAG !a,I IIf 8 Ii $ ug i�y• �l r,rJydin'r] '4M3�y]SYly 4 ° xxs�e r� o s.aa M# l,o-y any raddwy a omp y 9 I7F w'Lw el pE, a °� d D 6 0 d F a IF i' Lt�6Z $ J 7 z 1 vcoo49o- (we, >"� ! ' #=1 a � s3WDl--I )IaVd 3)IV1' t m 2 asoa aev,�ae, 3F } yts { q w IL II ! I f II I AW O® �I F LN W I J I � .1 i I� I I f it � I I II ITEM NUMBER: DATE: 8-19-08 Atascadero Planning Commission Staff Report - Community Development Department Callie Taylor, Associate Planner, 470-3448, ctaylor@atascadero.org PLN 2008-1301/ VAR 2008-0014 Variance for Front Yard Setback Reduction 8100 Marchant Avenue (Chambers) SUBJECT: The proposed projects consist of a request for a Variance to construct a residential addition within the 25 -foot front setback. The addition is proposed approximately 5 feet from the edge of the right-of-way, and approximately 25 feet from the edge of pavement. RECOMMENDATION: Staff recommends Planning Commission approve Resolution PC 2008-0043 approving PLN 2008-1301, VAR 2008-0014, allowing an addition within the front setback of a residentially -zoned property, based on findings and subject to Conditions of Approval. SITUATION AND FACTS: 1. Owner/ Applicant: David Chambers, 8100 Marchant Ave. Atascadero, CA 93422 2. Project Location: 8100 Marchant Ave., Atascadero, CA 93422 AP N 031-261-015 3. General Plan Designation: Single -Family Residential (SFR -Y) 4. Zoning District: Residential Single -Family (RSF-Y) 5. Site Area: Approximately 0.285 acres net 6. Existing Use: One Single -Family residence 7. Environmental Status: Class 5 Categorical Exemption, Minor Alterations in Land Use Limitations DISCUSSION: Background A building permit was submitted for the proposed residential addition in May of 2008. During plan check, staff checked the aerial view of the site through the City's GIS system and noticed some property line inconsistencies. Staff requested that a site survey be completed in order to confirm that the proposed addition would not cross property lines onto the adjacent neighbor's property or onto the City right -of way. A site survey was conducted on July 24, 2008. Marchant Avenue has a 50 -foot right-of-way; however, the road is not paved to its full width. The site survey identifies the existing residence as located approximately five feet from the edge of the public right-of-way, and approximately 25 -feet from the edge of street pavement. The subject residence was constructed in 1959. It appears that a site survey was not done to verify the actual right-of-way at the time of construction. Site surveys are currently not required for building permits unless there seems to be a discrepancy, or if the there is concern due to close proximity to the property lines. Many of the residences on Marchant are built with setbacks which are similar to this residence. It appears that when the houses were originally constructed, the builders assumed that the edge of the pavement was the same as the edge of the right-of- way. Many houses on this street appear to have a 25 -foot front setback, measured from the pavement, rather than the actual surveyed right-of-way. The addition is being proposed parallel to the existing residence, with the same front setback as the existing residence. Since the Atascadero Municipal Code requires a 25 -foot front setback, as measured from the right-of-way, a Variance application has been submitted to request that the addition be permitted as proposed. i 4 Sa n rancisco Ave nlIft 9 Subject Site 1.0 Aerial Photo Site Survey ANALYSIS: The applicant is proposing to construct a residential addition within the 25 -foot front setback, as measured from the edge of the right-of-way. The addition consists of a new bedroom, bathroom, dinning room, and laundry room, with interior connections to the main residence. The addition does not contain a separate kitchen and will not be a second unit. The addition is proposed on the south side of the residence (left hand side when facing the residence). The addition is being proposed parallel to the existing residence, and would not encroach any further towards the street than the existing residence does. At the closest point, a minimum five-foot front setback would be maintained from the edge of the right-of-way. Due to the curve in the right- of-way on Marchant, the setback would be larger near the side property line, allowing approximately a 15 -foot front setback at the far south end of the new addition. The proposed addition is located outside of any native tree driplines on-site. Tree protection fencing will be installed around all native trees within 50 feet of the construction area. San cisco: ` fl r t l Mar .-hant: 50 0� r " II $� 0000 00 1014 00 00 Exist Existing Building: i 5'setback from edge of r.o.w w� 25' setback from edge of pavement ANALYSIS: The applicant is proposing to construct a residential addition within the 25 -foot front setback, as measured from the edge of the right-of-way. The addition consists of a new bedroom, bathroom, dinning room, and laundry room, with interior connections to the main residence. The addition does not contain a separate kitchen and will not be a second unit. The addition is proposed on the south side of the residence (left hand side when facing the residence). The addition is being proposed parallel to the existing residence, and would not encroach any further towards the street than the existing residence does. At the closest point, a minimum five-foot front setback would be maintained from the edge of the right-of-way. Due to the curve in the right- of-way on Marchant, the setback would be larger near the side property line, allowing approximately a 15 -foot front setback at the far south end of the new addition. The proposed addition is located outside of any native tree driplines on-site. Tree protection fencing will be installed around all native trees within 50 feet of the construction area. Site Survey & Proposed Addition Location Proposed Addition �� , y A .4 r, ' 5' min. setback from R.O.W near main resience 5' setback from 15' setback from R.O.W at side property line furthest point near side property line Due to the location of the existing house in the front setback, an addition to the existing residence would be difficult to construct without approval of the Variance. The current residence is only 24 feet in width, and located primarily within the front setback. Therefore, if the proposed addition was pushed back an extra 20 -feet to meet the AMC required 25 -foot front setback, it would be located primarily behind the existing residence, and would lose the internal connection to the main residence, creating a detached structure. During the site survey, the location of the side property line was also identified. A minimum five-foot side setback shall be maintained between the proposed addition and the adjacent property line (Condition #5). Currently, there is approximately 28.75 feet between the existing residence and the side property line. The addition was originally proposed at 27.66 feet in length, and therefore it will need to be revised in order to maintain the five foot side setback. An addition of approximately 23.75 feet in length will fit in this location. The property has been surveyed and staked on-site so that the actual surveyed property corners can easily be seen during a site visit. Variable Setback Allowed by Code The Atascadero Municipal Code allows for a reduced setback when 25% of the lots on a block, sharing the same frontage, have less than the required setback and no uniform front setback is established. This setback exception, referred to as a "Variable Setback Block," allows the minimum front setback to be reduced to the average of the front setbacks of the existing dwellings. A minimum ten foot setback is required (AMC section 9-4.106.) While many of the residences on Marchant appear to be constructed with variable setbacks which do not conform to AMC minimum standards, it would require a survey of the street in order to confirm this. This would be a lengthy and expensive option, which may not prove to meet all of all of the requirements for the Variable Setback Block exception. In addition, the Variable Setback Block exception would only allow the setback to be reduced to the average of the front setbacks of the existing dwellings, with a minimum setback of 10 feet required. Therefore, a Variance application has been submitted for Planning Commission consideration in order to request that the addition be approved as proposed. Due to the many other houses constructed with a similar 25 foot setback from the edge of pavement (not right-of-way) it is staff's opinion that the proposed addition would be consistent with the surrounding residences as currently designed. Findings Variance In order to approve an exception to the Development Standards contained in the Zoning Ordinance, the Planning Commission must make the following findings: 1. The Variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated; and, 2. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, and because of these circumstances, the application of this title would deprive the property of privileges enjoyed by other property in the vicinity and in the same zoning district; and, 3. The Variance does not authorize a use which is not otherwise authorized in the zoning district; and 4. The granting of such a Variance does not, under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements. Environmental Determination The project qualifies for a Class 5 Categorical Exemption in accordance with the California Environmental Quality Act. A Class 5 Exemption (Section 15305(a)) includes minor changes in land use limitations, including setback variances. CONCLUSION: The proposed project is a Variance requesting a reduced front setback on a residential lot. A site survey shows that the existing residence is constructed five feet from the edge of the right-of-way, and 25 feet from the edge of the pavement. The proposed addition would be consistent with the existing setback on the main residence. Many other residences on Marchant are constructed with similar reduced setbacks. The Planning Commission must find that the project meets the required findings for a Variance in order to approve the reduced front setback. Staff recommends that the Planning Commission approve the Variance request as proposed. 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 Photo Attachment 3: Site Photos Attachment 4: Categorical Exemption Attachment 5: Draft Resolution 2008-0043 Attachment 1: Location Map, General Plan and Zoning 8100 Marchant Ave. General Plan Desi aQn tion: -Single-Family Residential (Y) Zoning Designation: -Residential Single -Family (Y) Attachment 2: Aerial Photo Attachment 4: Categorical Exemption CITY OF ATASCADER0 NOTICE OF EXEMPTION 6907 EI Camino Real Atascadero, CA 93422 805.451.5000 Date Received for Filing TO: ® File ot, FROM: Callie Taylor, Associate Planner 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. Proiect Title: PLN 2008-13011 VAR 2008-0014; Variance for Front Yard Setback Reduction Project Location. 8100 Marchant Ave., Atascadero, CA 93422 San Luis Obispo County APN 031-261-015; Project Description: A request for a Variance to construct a residential addition within the 25 - foot front setback. The addition is proposed approximately 5 feet from the edge of the right-of- way, and approximately 25 feet from the edge of pavement. Name of Public Agency Approving Project: City of Atascadero Name of Person or Agency Carrying Out Project: David Chambers, 8100 Marchant Ave. Atascadero, CA 93422 Exempt Status: ❑ Ministerial (Sec. 15073) ❑ Emergcncy Project (Sec. I507 (h) and (c)) ❑ Declared Emergency (Sec. 15061 (a)) ❑ general Rule Exemption (Sec. 15061 x) Z Categorically Exempt (See, 15305) Reasons why project is exempt. Class 5 of the California Environmental Quality Act (CEQA) (Section 15305) exempts minor alterations in land use limitations Contact Person: Callie Taylor, City of Atascadero (805) 470-3448 Date: August 11, 2008 Callie Taylor Associate Planner ATTACHMENT 5: Resolution to Approve Variance: Draft Resolution PC 2007-0043 DRAFT RESOLUTION PC 2008-0043 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CA, APPROVING VAR 2008-0014 / PLN 2008-1301, ALLOWING A REDUCTION IN FRONT YARD SETBACK ON APN 031-261-015 8100 Marchant (Chambers) WHEREAS, an application has been received from David Chambers, 8100 Marchant Ave. Atascadero, CA 93422, (Property Owner/Applicant), to consider a project consisting of a Variance to allow encroachment into the front yard setback on APN 031-261-015; and, WHEREAS, the site's General Plan Designation is SFR -Y (Single -Family Residential, 1/2 acre minimum); and, WHEREAS, the site's current zoning district is RSF-Y (Residential Single -Family, '/Z acre minimum); and WHEREAS, the proposed variance is categorically except under CEQA Class 5; 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 was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Variance; and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on August 19, 2008; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for approval of Variance. The Planning Commission finds as follows: The Variance authorized does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated; and 2. There are special circumstances applicable to the property, including size, and shape of the lot, and the existence of three large native trees, and because of these circumstances, the application of this title would deprive the property of privileges enjoyed by other property in the vicinity and in the same zoning district; and 3. The Variance does not authorize a use which is not otherwise authorized in the Zoning District; and 4. The granting of such Variance does not, under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on August 19, 2008, resolved to approve Variance 2008-0014 / PLN 2008-1301 consistent with the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Survey EXHIBIT C: Site Plan and Floor 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: ( ) /_1g s)U1I a��i CITY OF ATASCADERO, CA Roberta Fonzi Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval - PLN 2008-1301/VAR 2008-0014 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 8100 Marchant Ave. License FD: Fire Department PLN 2008-1301 NAR -2008-0014 GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy Planning Services 1. The approval of this Variance shall become final and effective following BP PS Planning Commission approval. 2. Approval of this Variance shall be valid for twelve (12) months after its BP PS 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. 3. The applicant shall defend, indemnify, and hold harmless the City of Ongoing PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the Variance. 4. A minimum 5 -foot setback shall be maintained from the right-of-way. BP PS, CE The new addition shall not encroach further towards the street than the main residence. The addition shall be constructed consistent with Exhibit B. 5. A minimum five foot side setback shall be maintained between BP PS, BS proposed addition and the side property line. EXHIBIT B: Site Survey I Proposed Addition 5' setback from side property lin e NY* 5' min. setback I from r.o.w -COMMUN)TY DEVELOPMENT Z9 -5- S 712qlO49 ---Fs -& P.O. Box 2138 ulho M341 597 -IRI PUM RIONGS, Cal E. EXHIBIT C: Site Plan and Floor Plan r;. if In G'eiQFhf} ' tib 7_') 'OL7 G1fi SF/% t ^�e�o "ptovy 0416 9Y7r.-rf MfIQ 1 ' / RY I 1 .1 L-� - s _ V ' �I ITEM NUMBER: DATE: 8-19-08 TO BE CONTINUED PLN 2008-1283, Conditional Use Permit for 6280 Morro Road Property Owners: Atascadero Gas & Mart, Inc., 23318 Park Colombo, Calabasas, CA 91302-2810 Atascadero Gas & Mart, 1038 E. Main Street, Santa Maria, CA 93454 Applicant: B&T Service Station Contractors, 630 S. Frontage Road, Nipomo, CA 93444 Project Title: PLN 2008-1283, Conditional Use Permit 2008-0228 Project 6280 Morro Road, Atascadero, CA 93422 Location: APN 030-211-033 (San Luis Obispo County) Project The proposed project consists of a request to establish a car wash facility at an existing Description: gas station location. Site amendments include additional landscaping. General Plan Designation: General Commercial (GC) Zoning District: Commercial Tourist (CT) Proposed Exempt per CEQA section 15303: New construction or conversion of small structures. Environmental Determination: 11Cityhalllcdvlpmntl- 08 PLNSIPLN 2008-12831PC To Be Continued to a Date Uncertain.am.doc