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HomeMy WebLinkAboutPC_2008-09-16_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, September 16, 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, September 16, 2008 Page 2 of 4 (All items on the consent calendar are considered to be routine and non -controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions.) 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON AUGUST 19, 2008. PUBLIC HEARINGS (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name and address for the record and can address the Commission for five minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 2. PLN 2099-0960, RECONSIDERATION OF TENTATIVE TRACT MAP 2004- 0060,7705 & 7735 NAVAJOA AVE. Property Owner: Kinsey H. Tanner, Jr., 5290 Barrenda Ave., Atascadero, CA 93422 Shawn Fragione, BS Developers LLC, 7790 Aragon Rd., Atascadero, CA 93422 Applicant: BS Developers LLC, 5290 Barrenda Ave., Atascadero, CA 93422 Project Title: PLN 2099-0960 / Reconsideration of TTM 2004-0060 Project 7705 & 7735 Navajoa Ave., Atascadero, CA 93422 Location: (San Luis Obispo County) APN 031-183-031, 031-183-032 Project The proposed project consists of a reconsideration for the previously approved Description: Tentative Tract Map 2004-0060 which includes the construction of five new detached single-family homes on individual lots that will be developed under the requirements of the Planned Development #25 Overlay District standards within the Residential Multi - Family (RMF -10) zoning district. General Plan Designation: MDR Zoning District: RMF -10 Proposed Consistent with Adopted Mitigated Negative Declaration 2005-0058. Environmental Determination: COMMUNITY DEVELOPMENT STAFF REPORTS 3. LOW IMPACT DEVELOPMENT (LID) BRIEFING The Public Works Department will give a presentation on LID. COMMISSIONER COMMENTS AND REPORTS City of Atascadero Planning Commission Agenda DIRECTOR'S REPORT ADJOURNMENT Regular Meeting, September 16, 2008 Page 3 of 4 The next regular meeting of the Planning Commission will be on October 7, 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, September 16, 2008 Page 4 of 4 City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m., at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall Annex business hours at the Community Development counter and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-5000, or the City Clerk's Office, (805) 461-5000. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Commission regarding the matter being considered to step up to the podium. If you wish to speak for, against, or comment in any way: • You must approach the podium and be recognized by the Chairperson • Give your name and address (not required) • Make your statement • All comments should be made to the Chairperson and Commission • All comments limited to 3 minutes (unless changed by the Commission) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at least 24 hours prior to the meeting. Access to hook up your laptop to the City's projector will be provided. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Chairperson before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "PUBLIC HEARINGS", the Chairperson will call for anyone from the audience having business with the Commission to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Commission's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Commission). CALL TO ORDER ITEM NUMBER: 1 DATE: 9-16-08 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, August 19, 2008 — 7:00 P.M. Chairperson Fonzi called the meeting to order at 7:00 p.m. Commissioner Marks led the Pledge of Allegiance. ROLL CALL Present: Commissioners Heatherington, Marks, Moreno, O'Grady, O'Keefe, Jack, and Chairperson Fonzi Absent: None Others Present: Recording Secretary Susanne Anshen Staff Present: Community Development Director Warren Frace, Deputy Community Development Director Steve McHarris, Senior Planner Kelly Gleason, Associate Planner Callie Taylor, Planning Intern Scott Kaiser, and City Engineer / Public Works Director Steve Kahn. APPROVAL OF AGENDA MOTION: By Commissioner O'Keefe and seconded by Commissioner Moreno to approve the agenda. Motion passed 7:0 by a roll -call vote. PUBLIC COMMENT None. PC Draft Minutes 08/19/08 Page 1 of 10 PLANNING COMMISSION BUSINESS DISCLOSURE OF EX PARTE COMMUNICATIONS: • Commissioner Marks stated he visited sites on Items 4, 5 and 6. • Commissioner Heatherington stated she visited all the sites and visited with Mr. Newlander, who is a neighbor on the Marchant Avenue project. • Commissioner Moreno stated she visited all the sites and spoke with Mr. Chambers, the applicant of the Marchant Avenue project. • Chairperson Fonzi stated she visited all the sites, but did not speak with anyone. • Vice Chairperson Jack stated he visited the sites on Items 3, 5 and 6 and, talked with Mr. Newlander. • Commissioner O'Grady stated he visited all the sites except Item 3. On Item 4, the Amapoa site, and spoke with a neighbor who commented some of the existing trees on the subject property are damaging his fence. • Commissioner O'Keefe stated she spoke with Mr. Chambers on the Marchant Avenue project. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JULY 15, 2008. Commissioner Moreno noted on the July 15, 2008, minutes on page 4, on her comment on the economic feasibility, it was not on trying to "camouflage", but rather it was on the "economic feasibility of a study necessitating the exact height of the antennae". Chairperson Fonzi stated that John Neil mentioned in the minutes is spelled N -E -A -L; however, Commissioner O'Keefe thought it was N -E -I -L. Chairperson Fonzi asked staff to clarify the correct spelling. MOTION: By Commissioner Marks seconded by Commissioner O'Grady to approve the July 15, 2008, Minutes of the Regular Planning Commission Meeting as corrected. Motion passes 6:0 on a roll -call vote (Commissioner Heatherington abstained.) PC Draft Minutes 08/19/08 Page 2 of 10 2. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON AUGUST 5, 2008. MOTION: By Commissioner Moreno seconded by Commissioner Marks to approve the August 5, 2008, Minutes of the Regular Planning Commission Meeting. Motion passes 7:0 on a roll -call vote. 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 APN 055-041-013 (San Luis Obispo County) Project Description: The proposed project consists of a request to remove one (1) Blue Oak totaling 38 inches DBH. General Plan Designation: Rural Estate (RE) Zoning District: Residential Suburban (RS) Deputy Community Development Director Steve McHarris introduced Planning Intern Scott Kaiser, who presented the staff report and answered questions of the Commission. PUBLIC COMMENT Steven Alvarez, A & T Arborists, stated the slope of the lot made it difficult to plan around the trees. Mr. Alvarez appeared on behalf of the applicant and answered questions of the Commission. Chairperson Fonzi closed the public comment period. MOTION: By Commissioner O'Keefe seconded by Commissioner Marks to approve Resolution No. PC 2008-0042 to allow the removal of one blue oak totaling 38 inches DBH subject to conditions of mitigation consistent with the Atascadero Native Tree Ordinance. Motion passed 7:0 on a roll -call vote. PC Draft Minutes 08/19/08 Page 3 of 10 PUBLIC HEARINGS 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 Description: The proposed application is a request by the City Engineer to amend conditions 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: Senior Planner Kelly Gleason and Public Works Director/City Engineer Steve Kahn gave the staff report and answered questions of the Commission. PUBLIC COMMENT Toni Paradise, Old Santa Rosa Road, pointed out there is an elementary school on Santa Rosa Road and when school starts, the level of traffic increases. The issue is the heavy traffic on Old Santa Rosa Road. Barbara Sims stated the light system is too long and does not allow traffic to flow. Currently, you are pushed up against the curb and you cannot see the light. She indicated this was to have had a bump -out and this has not been fixed. Alana Reynolds spoke about the fire station on West Front indicating the road is narrow and two large trucks cannot pass each other. Chairperson Fonzi closed the public comment period. Chairperson Fonzi asked staff about the speed on Old Santa Rosa Road. City Engineer / Public Works Director Steve Kahn stated this project will not impact speed near the school but east -bound traffic would have a signal ahead of them and may go faster than if they had a stop sign. Chairperson Fonzi asked about Barbara Sims' concern on the light cycles and City Engineer / Public Works Director Steve Kahn agreed at times there are vehicles that turn left and block traffic causing delay, but traffic engineers felt the permissive left would not override those vehicles turning left. The traffic engineers felt it would lower PC Draft Minutes 08/19/08 Page 4 of 10 the level of service because the bridge deck is too small for the storage of vehicles and your delay would be longer. Mr. Kahn stated they plan to take the area in the middle of the road and move it to the side of the road and allow vehicles to stack farther away from the signal, thereby allowing them better view of the signals. Chairperson Fonzi asked about Alana Reynolds' concern about the street being too narrow for two large trucks to pass on Santa Rosa Road near the fire station. City Engineer / Public Works Director Steve Kahn stated he spoke with the Atascadero Fire Chief who noted that when they have calls on the west side of town, they do not use Old Santa Rosa Road because it is so narrow, but rather use San Rafael and San Gabriel. Commissioner O'Grady asked about the on lighting cycles. City Engineer / Public Works Director Steve Kahn indicated the signals are not THAT sophisticated as they can only tell there is a vehicle there, but not that the vehicle wants to turn left or not. Commissioner O'Keefe asked about the small left- turn pocket turning left onto Highway 101, and if it could accommodate a semi -truck as they would be half in and half out, blocking traffic. City Engineer / Public Works Director Steve Kahn agreed a large truck would block vehicles behind them until they were able to make a left turn. Commissioner Heatherington asked whether the City has a Plan "B" and "C" as she can foresee future problems. City Engineer / Public Works Director Steve Kahn does not see this solution causing another problem. Chairperson Fonzi asked if a fire truck returning could return to the fire station by turning in that very short left-hand turn lane without blocking traffic, and Mr. Kahn indicated it could. MOTION: By Vice Chairperson Jack seconded by Commissioner Marks to 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. Motion passed 7:0 on a roll -call vote. 5. PLN 2007-1233, TENTATIVE TRACT MAP FOR 8391 AMAPOA AVE. Property Owners: Steve Severance, 1010 Redberry Place, Nipomo, CA 93444 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 APN 031-241-019 (San Luis Obispo County) Project Description: The project consists of a proposed condominium map to create six (6) airspace units on one common lot. The property is currently vacant. General Plan Designation: High Density Residential HDR PC Draft Minutes 08/19/08 Page 5 of 10 Associate Planner Callie Taylor and gave the staff report and Ms. Taylor and City Engineer / Public Works Director Steve Kahn answered questions of the Commission. PUBLIC COMMENT Truitt Vance, applicant, answered questions of the Commission regarding the selection of paver type and drainage as well as larger windows on the street -facing side of the building. He answered questions regarding whether clotheslines are allowed, but he said the homeowner association's CC&Rs are boilerplate and do not address clotheslines, but it could be written into the HOA rules to allow them. Alana Reynolds asked how the length of the setback in rear of property. Chairperson Fonzi closed the public comment period. Chairperson Fonzi asked Associate Planner Callie Taylor about the length of the rear setback. Staff indicated it is 10 feet, which is standard for a multi -family setback. Commissioner O'Grady stated he supports larger windows on the street side of the project. Commissioner O'Keefe would like to see the use of clotheslines allowed and written into the CC&Rs. Commissioner Marks asked if applicant would work with staff on larger windows on both top and bottom, and applicant indicate he would. MOTION: By Vice Chairperson Jack seconded by Commissioner Heatherington to 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 the following conditions: Condition 1: Windows on both levels of building C on the Amapoa Street -facing side of the building are to be enlarged with the size left up to staff and the applicant; and Condition 2: Clotheslines will be allowed in the back yards and provided for in the CC&Rs. Motion passed 7:0 on a roll -call vote. PC Draft Minutes 08/19/08 Page 6 of 10 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: Associate Planner Callie Taylor and gave the staff report and Ms. Taylor and City Engineer / Public Works Director Steve Kahn answered questions of the Commission. PUBLIC COMMENT Truitt Vance, applicant, answered questions of the Commission regarding the selection of paver type and drainage as well as larger windows on the street -facing side of the building. He answered questions regarding whether clotheslines are allowed, but he said the homeowner association's CC&Rs are boilerplate and do not address clotheslines, but it could be written into the HOA rules to allow them. Alana Reynolds asked how the length of the setback in rear of property. Chairperson Fonzi closed the public comment period. Chairperson Fonzi asked Associate Planner Callie Taylor about the length of the rear setback. Staff indicated it is 10 feet, which is standard for a multi -family setback. Commissioner O'Grady stated he supports larger windows on the street side of the project. Commissioner O'Keefe would like to see the use of clotheslines allowed and written into the CC&Rs. Commissioner Marks asked if applicant would work with staff on larger windows on both top and bottom, and applicant indicate he would. MOTION: By Vice Chairperson Jack seconded by Commissioner Heatherington to 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 the following conditions: Condition 1: Windows on both levels of building C on the Amapoa Street -facing side of the building are to be enlarged with the size left up to staff and the applicant; and Condition 2: Clotheslines will be allowed in the back yards and provided for in the CC&Rs. Motion passed 7:0 on a roll -call vote. PC Draft Minutes 08/19/08 Page 6 of 10 6. PLN 2008-1301, VARIANCE FOR 8100 MARCHANT AVENUE Property Owner: David Chambers, 8100 Marchant Ave., Atascadero, CA 93422 Project Title: PLN 2008-1301/VAR 2008-0014 Project Location: 8100 Marchant Ave., Atascadero, CA 93422 APN 031-261-015 (San Luis Obispo County) Project Description: The proposed project consists of a Variance application to construct a 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: Associate Planner Callie Taylor gave the staff report and Ms. Taylor, City Engineer / Public Works Director Steve Kahn, and Community Development Director Warren Frace answered questions of the Commission. PUBLIC COMMENT David Chambers, applicant/owner, addressed the Commission and answered questions. Applicant indicated the neighbors are supportive of the project. Vaughn Newlander stated he has been a neighbor of the applicant since 1961, and has no qualm with the original proposal and with the retaining wall the applicant has built, and the encroachment is satisfactory. He stated a 23 -foot wide building is inadequate and believes the applicant should be granted a larger, 27 -foot wide building variance. Chairperson Fonzi closed the public comment period. Commissioner O'Grady asked about the setback variance, and staff indicated the 5 -foot setback must be met. Commissioner O'Grady asked if a Lot -Line Adjustment that would maintain the integrity of this City's setbacks in order to facilitate this request is possible. Staff indicated they could do a Lot -Line Adjustment, but it would have to be and equal-area exchange. Commissioner Marks stated this project will not make the situation worse, and sees no problem. Commissioner O'Grady stated that staff states on page 129 that the addition is being proposed parallel to the existing residence and would not encroach any further to the street than the existing residence does. The problem is that the language on Condition PC Draft Minutes 08/19/08 Page 7 of 10 4 does not say that, and she asked that Condition 4 be changed to state "that new addition shall not encroach further towards the street beyond a straight-line extension of the front line of the front wall of the house. Addition shall be construction consistent with Exhibit B." MOTION: By Commissioner O'Keefe seconded by Chairperson Fonzi to approve Resolution PC 2008-0043 approving PLN 2008-1301, VAR 2008-0014, allowing an addition within the front setback of a residential -zoned property, based on findings and subject to Conditions of Approval with modification in condition No. 4 to eliminate first sentence "a minimum 5 -foot setback shall be maintained from the right-of-way," and adding "that the new addition shall not encroach further towards the street beyond a straight-line extension of the front wall of the house. Addition shall be constructed consistent with Exhibit B." Motion passed 7:0 on a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None. COMMISSIONER COMMENTS AND REPORTS Commissioner O'Grady asked about the long-term storage of light poles Highway 41 East of San Gabriel Road, who they belong to, and how long will they be there. Staff will contact Caltrans to see if they can be moved. Commissioner O'Grady remarked on the need for some sort of policy as to when a survey is necessary. Community Development Director Warren Frace indicated that it was not within the Commission's scope although they can clearly make recommendations; but he further indicated adding blanket survey requirements to every project would add unnecessary paperwork and slow down projects. Staff does have the discretion to call for a survey and that seems to be adequate and keeps costs down. Commissioner Heatherington asked if new development would not put us in this situation, and staff indicated most new projects would not, but existing structures may cause staff to request the survey. Commissioner Heatherington suggested that rather than doing the Lot -Line Adjustment, could the applicant just have flipped the building to part of the addition extended out toward the back. Staff indicated that would be the easiest solution. Commissioner Heatherington asked staff when we approve a tree cutting for a house, if the Commission could condition the project so the tree does not come out until the house is actually built. Staff indicated this could be added as a condition, but they typically do not do so because tree cutting is usually tied to the grading costs. PC Draft Minutes 08/19/08 Page 8 of 10 DIRECTOR'S REPORT Community Development Director Warren Frace gave a short report and highlighted the following points: • The issue of drive-throughs was agendized at the last City Council meeting, but they did not get to this item, which will be continued to September 9, 2008. • He provided the Commissioners with a copy of the memorandum to the City Council on Pathways and Trails, which is basically an informational item, and not officially adopted at this point in time. • In regard to the Eagle Ranch Specific Plan, staff is working on scheduling a meeting for September and will notice residents within a mile. This will be a noticed public meeting of the Planning Commission, Parks Commission and City Council, but there will be no action taken. • As for the Wal-Mart project, staff is still working with both Wal-Mart and the Rottman group to get their project description nailed down for the EIR proposals. • As for the Rite Aid project, it appears that after one more plan check, it will be ready. • The Carl's Jr. next to Lube -N -Go has pulled their permit to start construction. • Staff has been working closely with Colony Square Theatre owner, Jim Harrison, and his architect on a slight redesign of the project for financing purposes. • The next meeting of the Planning Commission is September 2, 2008. Commissioner O'Grady asked if the request for proposals on the Wal-Mart/Rottman project will go to a pre -approved list. Mr. Frace indicated there is a long list currently prepared so the City will locate the best possible consultant available. Commissioner Heatherington asked if there has been an outreach to the Obesity task Force in San Luis Obispo County in discussions on the drive-throughs at City Council. Community Development Director Warren Frace stated there had not; however, if Commissioner Heatherington had a contact, he would pass that along to City Council. Chairperson Fonzi asked about a blanket extension for all projects not going forward granted by the City Council and what the ramifications would be of that extension. Community Development Director Warren Frace stated that this applies to permits not yet issued (in plan check or ready to issue but not yet picked up). The Municipal Code requires action be taken on these permits every 180 days or they expire. If the applicants pay outstanding plan check fees, then they would get a time extension to June 30, 2010, or 18 months. PC Draft Minutes 08/19/08 Page 9 of 10 ADJOURNMENT Chairperson Fonzi adjourned the meeting at 8:58 p.m. to the next regularly scheduled meeting of the Planning Commission on September 2, 2008. MINUTES PREPARED BY: Susanne Anshen, Recording Secretary PC Draft Minutes 08/19/08 Page 10 of 10 ITEM NUMBER: 2 DATE: 9-16-08 Atascadero Planning Commission Staff Report — Community Development Department Scott Kaiser, Planning Intern, 470-3470, skaiser@atascadero.org Kelly Gleason, Senior Planner, 470-3436, kgleason@atascadero.org PLN -2099-0960 Map Reconsideration 7705 and 7735 Navajoa Avenue (Fragione & Tanner) SUBJECT: Reconsideration of a previously approved Tentative Tract Map 2004-0060 and Conditional Use Permit 2004-0139 for a five lot Planned Development subdivision on Navajoa Avenue. RECOMMENDATION: Staff Recommends: Adopt Resolution PC 2008-0047, approving a reconsideration of Conditional Use Permit 2004-0139 based on findings and subject to conditions of approval; and, Adopt Resolution PC 2008-0048, approving a reconsideration of Tentative Tract Map 2004-0060 based on findings and subject to conditions of approval. SITUATION AND FACTS: 1. Owner: Kinsey H. Tanner, Jr. 5290 Barrenda Ave., Atascadero, CA 93422 Shawn Fragione 7790 Aragon Rd., Atascadero, CA 93422 2. Project Address: 7705 & 7735 Navajoa Ave., Atascadero, CA 93422 APN: 031-183-031 & 031-183-032 3. General Plan Designation: MDR (Medium Density Residential) 4. Zoning District: RMF -10 (Residential Multi -Family 10 units/acre) 5. Existing Use: Single -Family Residence 6. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0058 DISCUSSION: Background: On January 24, 2006, the City Council approved a Planned Development 25 (PD 25) overlay zone with a CUP Master Plan of Development and Tentative Tract Map to allow a five lot subdivision on Navajoa Avenue. The second reading for the PD25 overlay zone occurred on February 14, 2006. The applicant filed for a one year time extension on January 31, 2008; however, the map had expired on January 24, 2008. In the applicant's Notice of Approval letter that was issued for the PD25 project, the second hearing date was listed as the approval date for the entire project. Planned Development Zone Change applications require a second reading at City Council prior to approval. Tentative Tract Maps and Conditional Use Permits do not. Staff believes that, based on the February 14, 2006 date listed in the Notice of Approval, the applicant made a good faith effort to comply with the expiration requirements for the project when the time extension application was submitted on January 31, 2008. However, as the regulations governing subdivisions and Tentative Tract Maps listed in the Subdivision Map Act do not provide flexibility in the expiration date, the project is being brought before the Commission for full project reconsideration rather than a time extension. The project is presented as originally approved by the City Council in January of 2006. The Planning Commission has the authority to approve, continue for additional information, or deny the project. As the Planned Development Overlay Zone process was already completed in 2006, the Tentative Tract Map and Conditional Use Permit will not be forwarded to the City Council for review and approval. Reconsideration applications are submitted at a reduced fee and no additional staff analysis is done on the project. As the applicants submittal of the time extension applications was based on the February 14, 2006 date issued by staff, the City Attorney has determined that costs for this reconsideration above the time extension fee shall be subsidized by the City. Project History: January 24, 2006 Project Approval February 14, 2006 Project Zone Change 2 nd Reading Notice of Approval Date January 24, 2008 Map Expiration Date January 31, 2008 Application for a Time Extension Received September 16, 2008 Reconsideration of Map Project Approval September 16, 2010 New Map Expiration Date if Approved Analysis. The original project staff report is attached for your review and consideration. The proposed project remains consistent with the standards set forth in the Atascadero Municipal Code and by the Planned Development Overlay Zone. Findings for approval of the proposed project were made by the Planning Commission and City Council in January 2006. The project is consistent with previously certified Mitigated Negative Declaration 2005-0058. Findings: Approval of this project would re -entitle the Tentative Tract Map and Conditional Use Permit (Master Plan of Development) for a five -lot Planned Development subdivision on Navajoa Avenue. As this project is currently expired, the Planning Commission must make all of the same findings required for the original approval of the Tentative Tract Map and Conditional Use Permit. Conditional Use Permit Findings: 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 provisions of the PD -25 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. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 6. The Master Plan of Development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area; and 7. Benefits derived from the Master Plan of Development and PD -25 Overlay Zone cannot be reasonably achieved through existing development standards or processing requirements; and, Tentative Tract Map Findings: 1. The proposed subdivision, design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements, including provisions of the PD -25 Overlay District. 2. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District #25 Master Plan of Development (CUP 2004-0139). 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. Covenants, Conditions and Restrictions (CC&R's) or equivalent shall be required that incorporate the Master Plan of Development conditions of approval to ensure that the site retains the proposed qualities (architecture, colors, materials, plan amenities, fencing, and landscaping) over time. 8. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. CONCLUSION: The proposed project has expired based on the time limits set forth in the Atascadero Municipal Code and Subdivision Map Act for Tentative Tract Maps. The reconsideration before the Planning Commission is considered a new project with staff's analysis only relating to whether or not any applicable codes have changed. The applicant is requesting that the project be approved to reestablish the entitlement for a five -lot Planned Development subdivision as previously approved. All conditions of approval and exhibits have been unaltered from the original resolutions of approval. ALTERNATIVES: 1. The Commission may approve the reconsideration subject to additional or revised project conditions. 2. The Commission may deny the reconsideration if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. ATTACHMENTS: Attachment 1 — Location, General Plan, and Zoning Map Attachment 2 — Original Staff Report Attachment 3 — Adopted Resolution 2006-006 (CUP) Attachment 4 — Adopted Resolution 2006-007 (TTM) Attachment 5 — Draft Resolution 2008-0047 (CUP) Attachment 6 — Draft resolution 2008-0048 (TTM) ATTACHMENT 1: Location, General Plan, and Zoning Map General Plan: Medium Density Residential Zoning District: Residential Multi -Family 10 units/acre Planned Development Overlay #25 ATTACHMENT 2: Original Staff Report See Attachment ATTACHMENT 3: Adopted Resolution CC 2006-0006 See Attachment ATTACHMENT 4: Adopted Resolution CC 2006-0007 See Attachment ATTACHMENT 5: Draft Resolution PC 2008-0047 DRAFT RESOLUTION 2008-0047 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2004-0139 (MASTER PLAN OF DEVELOPMENT) ON APN 031-183-0319 032 7705 & 7735 Navajoa Ave. (Tanner, Fragione) WHEREAS, an application has been received from Shawn Fragione, 7790 Aragon Rd., Atascadero, CA 93422 and Kinsey H. Tanner Jr., 5290 Barrenda Ave., Atascadero, CA 93422, (Property Owners) to reconsider a project consisting of a Tentative Tract Map (TTM 2004-0060) for a five -lot subdivision at 7705 & 7735 Navajoa Avenue (APN 031-183-031, 032). The proposed application is a reconsideration of a previously approved expired project; and, WHEREAS, the site's current General Plan Designation is Medium Density Residential (MDR); and, WHEREAS, the site's current Zoning District is Residential Multi -Family — 10 units to the acre with a PD #25 Overlay Zone (RMF-10/PD-25); and, WHEREAS, the PD -25 requires the adoption of a Master Plan of Development, approved in the form of a Conditional Use Permit; and, WHEREAS, the proposed reconsideration is consistent with certified Mitigated Negative Declaration 2005-0058; and, WHEREAS, the Atascadero Municipal Code has not been updated in any way which would affect the design of the proposed project; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on September 16, 2008, studied and considered the Conditional Use Permit 2004-0139 (Master Plan of Development); and, NOW, THEREFORE, the Planning Commission of the City of Atascadero, California, takes the following actions: SECTION 1. Findings for Approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including provisions of the PD -25 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. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 6. The Master Plan of Development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area; and 7. Benefits derived from the Master Plan of Development and PD -25 overlay zone cannot be reasonably achieved through existing development standards or processing requirements; and, SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on September 16, 2008, resolved to approve Conditional Use Permit 2004-0139 (Master Plan of Development) subject to the following: EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program EXHIBIT B: Master Plan of Development / Site Plan EXHIBIT C: Landscape Plan EXHIBIT D: Floor Plans Units Al and A2 EXHIBIT E: Floor Plans Units B1, B2, B3 EXHIBIT F: Elevations Units Al, A2 EXHIBIT G: Elevations Units B1, B2, B3 EXHIBIT H: Grading and Drainage Plan EXHIBIT I: Color and Materials On motion by Commissioner , and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Roberta Fonzi Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program PD -25 Master Plan of Development (CUP 2004-0139)IZCH 2004-0092 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure FM: Final Map PS: Planning Services 7705, 7735 Navajoa Ave BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -25 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Planning Services 1. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2004-0092 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. 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. Any other changes to the Master Plan of Development shall be subject to Planning Commission approval. Any associated Tentative Maps shall be subject to Planning Commission approval. 3. Approval of this Conditional Use Permit shall be valid for twelve (12) months BP/FM PS after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 4. The applicant shall defend, indemnify, and hold harmless the City of Ongoing PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the subdivision 5. All subsequent Tentative Map and construction permits shall be consistent BP/FM PS, CE with the Master Plan of Development contained herein. 6. All exterior elevations, finish materials and colors shall be consistent with the BP PS Master Plan of Development as shown in EXHIBIT F and G with the following modifications: ■ All exterior material finishes (siding, trim, doors, windows, light fixtures, garage doors) shall be durable, high quality, and consistent with the architectural appearance. ■ Additional eave brackets shall be added to the gable ends. ■ Roofs shall be architectural grade dimensional shingles. 7. All site development shall comply with the standards of the Planned BP PS, BS Development 25 Overlay District. 8. All site work, grading, and site improvements shall be consistent with the BP/FM PS, BS, CE Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure FM: Final Map PS: Planning Services 7705, 7735 Navajoa Ave BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -25 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Master Plan of Development as shown in EXHIBIT B, C, and H. 9. All project fencing shall be installed consistent with EXHIBIT Band C subject GP/BP PS to the following modifications: ■ Fencing material and treatment shall comply with the PD -25 standards. ■ All fencing shall be recessed from the fagade of the units along all street and parking court frontages. 10. Final selection of colors and materials identified in EXHIBIT F, G and I shall be GP/BP PS subject to staff approval. 11. A final landscape and irrigation plan shall be approved prior to the issuance of building permits and included as part of site improvement plan consistent with EXHIBIT C, and as follows: ■ All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. ■ All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site. ■ Final tree list shall be submitted with building permits, subject to staff approval. ■ Parking court and open space trees shall be minimum 15 -gallon size and double staked. ■ Front yard areas shall be landscaped with drought tolerant species, subject to staff approval. 12. The developer and/or subsequent owner shall assume responsibility for the continued maintenance of all landscape and common areas, consistent with EXHIBIT C. 13. Affordable Housing Requirement: The applicant shall deed restrict 1 GP/BP PS, CA residential unit for 30 years, prior to, or concurrently with the final map, at a moderate income rate or shall pay an in -lieu fee of 5% of the construction valuation of each unit. 14. Workforce Housing: Prior to recordation of final map, the applicant shall enter BP PS, CA into a legal agreement with the City to reserve 1/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the Cit Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure FM: Final Map PS: Planning Services 7705, 7735 Navajoa Ave BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD-25 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved; and The City Attorney shall approve the final form of the agreement. 15. An address marker to include addresses for all units shall be located at the GP/BP PS public street access point. The address marker shall be compatible with the project architecture. 16. The emergency services and facility maintenance costs listed below shall BP PS be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 17. All tract maintenance costs listed below shall be 100% funded by the project in BP PS perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. b) All parks, trails, recreational facilities and like facilities. c) All open space and native tree preservation areas. d) All drainage facilities and detention basins. e All creeks, flood plains, floodwa s, wetlands, and riparian habitat Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure FM: Final Map PS: Planning Services 7705, 7735 Navajoa Ave BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -25 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy areas. f) All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. g) All frontage landscaping and sidewalks along arterial streets 18. Prior to final map, the applicant shall submit CC&Rs for review and approval BP PS, BS by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping in perpetuity. b) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. c) Residents shall keep all trash receptacles within the unit's designated trash storage area. d) Garages shall be maintained and used for vehicle parking. e) No boats, RV's or other type of recreation vehicle may occupy a guest or resident parking space, including within an individual garage. f) A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. City Engineer Conditions PROJECT SPECIFIC CONDITIONS Drainage: 19. Obtain approval by the City Engineer of the grading & drainage plan and the BP, GP CE storm drain design & facilities. 20. Submit calculations to support the design of any structures or pipes. Closed BP, GP CE conduits shall be designed to convey the 10 -year flow with gravity flow, the 25 - year flow with head, and provide safe conveyance for the 100 -year overflow. 21. Provide for the detention of the 50 -year developed storm runoff, while metering BP, GP CE out the 2 -year undeveloped storm runoff. Metered runoff must follow existing drainage patterns. 22. Show the method of dispersal at all pipe outlets. Include specifications for size BP, GP CE & type. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure FM: Final Map PS: Planning Services 7705, 7735 Navajoa Ave BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -25 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 23. Acquire drainage easements where needed. Drainage shall cross lot lines only BP, GP CE where a drainage easement has been provided. 24. Concentrated drainage from off-site areas shall be conveyed across the project 1313, GP CE 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. Public Improvements and Maintenance: Navajoa Avenue 25. The applicant must provide for the repair and maintenance of on-site shared FM CE improvements. This includes driveway, private sewer system, lighting, and drainage facilities. The City Engineer and City Attorney shall approve the final form prior to recordation. 26. All public improvements shall be constructed in conformance with the City of 1313, GP CE Atascadero Engineering Department Standard Specifications and Drawings, and current ADA standards or as directed by the City Engineer. 27. Full frontage improvements are required with this development. These include BP, GP CE curb, gutter, sidewalk and paveout. Public Improvement plans shall be submitted detailing the design. 28. A pedestrian access easement shall be recorded on the final map for ADA FM CE access way behind driveway approach. 29. Prior to issuance of building permits, the applicant shall submit a grading and 1313, GP CE drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. SANITARY SEWER CONDITIONS 30. Applicant shall pay sewer extension (annexation) fees upon issuance of 1313, GP WW building permit. Sewer Connection and Reimbursement fees shall be payable upon actual connection of the building sewer to the public sewer system. 31. Gravity mains and other sewer facilities within the subdivision shall be privately BP, GP WW owned and maintained. STANDARD CONDITIONS 32. All public improvements shall be constructed in conformance with the City of BP, GP CE Atascadero Engineering Department Standard Specifications and Drawings or Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure FM: Final Map PS: Planning Services 7705, 7735 Navajoa Ave BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -25 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy as directed by the City Engineer. 33. In the event that the applicant is allowed to bond for the public improvements FM CE required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 34. An engineer's estimate of probable cost shall be submitted for review and FM CE approval by the City Engineer to determine the amount of the bond. 35. The Subdivision Improvement Agreement shall record concurrently with the FM CE Final Map. 36. The applicant shall be responsible for the relocation and/or alteration of existing 1313, GP CE utilities. 37. The applicant shall install all new utilities (water, gas, electric, cable TV and BP, GP CE telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 38. The applicant shall monument all property corners for construction control and FM CE shall promptly replace them if disturbed. 39. The applicant shall acquire title interest in any off-site land that may be required FM CE 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. 40. Slope easements shall be provided as needed to accommodate cut of fill FM CE slopes. 41. Drainage easements shall be provided as needed to accommodate both public FM CE and private drainage facilities. 42. The final map shall be signed by the City Engineer prior to the map being FM CE placed on the agenda for City Council acceptance. 43. 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. 44. Prior to recording the tract map, the applicant shall set monuments at all new FM CE property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 45. Prior to recording the map, the applicant shall complete all improvements FM CE required by these conditions of approval Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure FM: Final Map PS: Planning Services 7705, 7735 Navajoa Ave BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -25 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 46. 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 map. 47. Upon recording the final map, the applicant shall provide the City with a black FM CE line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 48. Prior to the final inspection of any public improvements, the applicant shall FM CE submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 49. Prior to the final inspection, the applicant shall submit a written certification BP, GP CE from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 50. An encroachment permit shall be obtained prior to any work within City right- BP, GP CE of -ways. 51. Prior to the issuance of building permits the applicant shall submit a grading BP, GP CE and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. Atascadero Mutual Water Company 52. Before the issuance of building permits, the applicant shall submit plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross -connection devices shall conform to AWWA and California Department of Health Services standards. 53. Before the start of construction on the water system improvements, the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. 54. Before issuance of building permits, the applicant shall obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. 55. The applicant shall provide AMWC with easements for those water facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure FM: Final Map PS: Planning Services 7705, 7735 Navajoa Ave BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD-25 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 56. The applicant is responsible for designing and constructing water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. 57. The applicant shall obtain a separate landscape-irrigation meter from AMWC for the common areas within the project. Landscaping for common areas shall be drought-tolerant. The landscaping for common areas shall conform to the mitigation measures noted in Table II-7, Hydrology and Water Quality, of the General Plan 2025. The applicant shall keep the use of turf grass in common area landscaping and in other areas to a minimum. Mitigation Measures Mitigation Measure 1.c.1: The shared driveway shall be of a decorative nature BP PS 1.C.1 to minimize the visual impact of the paved area. Mitigation Measure 1.d.1: Exterior lighting shall be limited to wall mounted BP PS 1.d.1 building lighting only. All exterior lighting shall be designed to eliminate any off site glare and shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Fixtures shall be shield cut-off type and compatible with historic setting, subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP BS 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM-) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. • Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If Naturally Occurring Asbestos (NOA) is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. . If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Should Naturally Occurring Asbestos be identified within the area of construction, and the worked area will be less than or equal to one acre, then the dust control measures identified below are required. If the disturbed area is greater than one acre, additional requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure FM: Final Map PS: Planning Services 7705, 7735 Navajoa Ave BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -25 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy • 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 4.e.1: The Grading Plan shall identify tree protection GP PS 4.e.1 fencing around the dripline of each existing on-site or off-site native tree within 20 feet of construction activity. Mitigation Measure 4.e.2: Grading and excavation and grading work shall be GP PS 4.e.2 consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 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 pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within the area of work shall be fenced for protection with 4 - foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure FM: Final Map PS: Planning Services 7705, 7735 Navajoa Ave BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -25 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Mitigation Measure 4.e.3: An arborists report shall be required prior to project GP PS 4.e.3 implementation. The report shall identify each native tree proposed for removal and each tree within the project area subject to potential impact. The report shall provide recommendations for tree pruning, tree protection of existing native trees to remain, and identify native tree impact/replacement mitigation per the Atascadero Municipal Code Section 9-11.5. Mitigation Measure 6.b: The grading permit application plans shall include GP CE 6.b erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.d: A soils report shall be required to be submitted with GP BS 6.c.d a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. Mitigation Measure 8.e.f: The developer is responsible for ensuring that all BP CE 8.e.f contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop work orders. Mitigation Measure 11.d: All construction activities shall comply with the City of Ongoing BS/PS 11.d Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. EXHIBIT B: Master Plan of Development/Site Plan tlo,. ilii LaYtl 1 I• � Sl�yM J 1 I I 41 • I4 ' , �,• -� ... Il ' _ "�'I � tlY�V 11 M I�ftl01 /= i 1 I � 1, � • _ SI A�� oN � r till, ►!:Ii ;►lilt I I ' I Y pe co c ! �O Z I I r�Z mm 4 II��I ...••D V. �. •e L.�oa i .(•�� °A I i l 11 mrZ gy=m I ON M m Z ~ m A u 1 i Z O A Z M 1 , EXHIBIT C: Landscape Plan CHIBIT D: Floor Plans Unit Al and A2 s .s -. y .............-.: --'0 LOYFER FLOOR PLAN UW A-1 Mt acw.e w.ra / . ,1 UPPER FLOOR PLAN UNIT A-2 EXHIBIT E: Floor Plans Units B1, B2, B3 Q> LOWER FLOOR PLAN UNI -4 LOWER FLOOR PLAN UNIT B -I uxc. w•. ra .L.. •. __• E�. (�LOWER FLOOR PLAN UN -T B•7 acne: w•. �•a I UPPER 1��R-IIN�,T- ... . ......... ..... - .......... UPPERFLOOR -U-- P EXHIBIT F: Elevations Units All, A2 WEST ELEVATION GUIDING A-2 ^ NEMi NORTH ELEVATION BUILDING A-2 EAST ELEVATION BUILDING A-2 - EFAQ o E �1�•:Fu 0 EAST ELEVATION BURMING A-1 SOUM ELEVATION BUILDING A 1 ' II VIII I III I ii _. � � VIII I IIIIIIIIIIIIIII 7I�I - VVEST ELEVATION BUILDING A-1 NORTH ELEVATION BUILDING A-1 WEST ELEVATION GUIDING A-2 ^ NEMi NORTH ELEVATION BUILDING A-2 EAST ELEVATION BUILDING A-2 - EFAQ o E I WEST ELEVATION BUILDING BJ WEed � SOUTH ELEVATION BUILDING BJ MJ' kvr.N NORTH ELEVATION BUILDING BJ M =A— BULLRING - EE6J EXHIBIT H: Grading and Drainage Plan EXHIBIT 1: Color and Materials **See project file for colors** ATTACHMENT 6: Draft Resolution PC 2008-0048 DRAFT RESOLUTION 2008-0048 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 2004-0060, A REQUEST FOR A FIVE -LOT PLANNED DEVELOPMENT SUBDIVISION, ON APN 031-183-0319 032 7705 & 7735 Navajoa Avenue (Fragione & Tanner) WHEREAS, an application has been received from Shawn Fragione, 7790 Aragon Rd., Atascadero, CA 93422 and Kinsey H. Tanner Jr., 5290 Barrenda Ave., Atascadero, CA 93422, (Property Owners) to reconsider a project consisting of a Tentative Tract Map (TTM 2004-0060) for a five -lot subdivision at 7705 & 7735 Navajoa Avenue (APN 031-183-031, 032). The proposed application is a reconsideration of a previously approved expired project; and, WHEREAS, the site's current General Plan Designation is Medium Density Residential (MDR); and, WHEREAS, the site's current Zoning District is Residential Multi -Family — 10 units to the acre with a PD #25 Overlay Zone (RMF-10/PD-25); and, WHEREAS, the proposed reconsideration is consistent with certified Mitigated Negative Declaration 2005-0058; and, WHEREAS, the Atascadero Municipal Code has not been updated in any way which would affect the design of the proposed project; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Tract Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on September 16, 2008, studied and considered Tentative Tract Map 2004- 0060 on reconsideration, and, NOW, THEREFORE, the Planning Commission of the City of Atascadero, California takes the following actions: SECTION 1. Findings of Approval for Vesting Tentative Tract Map, the Planning Commission finds as follows: The proposed subdivision, design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements, including provisions of the PD -25 Overlay District. 2. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District #25 Master Plan of Development (CUP 2004-0139). 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. Covenants, Conditions and Restrictions (CC&R's) or equivalent shall be required that incorporate the Master Plan of Development conditions of approval to ensure that the site retains the proposed qualities (architecture, colors, materials, plan amenities, fencing, and landscaping) over time. 8. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on September 16, 2008, resolved to approve the Tentative Tract Map 2004- 0060 subject to the following: EXHIBIT A: Vesting Tentative Tract Map 2004-0060 EXHIBIT B: Conditions of Approval / Mitigation Monitoring Program. On motion by Commissioner , and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Roberta Fonzi Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Vesting Tentative Tract Map 2004-0060 ii xhibit B: Conditions of Approval / Mitigation Monitoring Program tentative Tract Map 2004-0060 Sy .- I I I�` � I FC i Il. I � , ,•4 ------_,..L T I N G V � _ —__ -- -' �`�'_` 4�] i•� j�3��at'�`' � Y ''���tGi�lti ?�'�lli � 5 f I 1141 (ILII I e 7, i� I -I I I ct- 1i1t1 _ * r,, ami.-x:y�✓+' V ;� � P L 3 Wa' i �- - i :t I xhibit B: Conditions of Approval / Mitigation Monitoring Program tentative Tract Map 2004-0060 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 7705 & 7735 Navajoa Ave BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 20040060 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Planning Services 1. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2004-0092 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9- 1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Tract Map shall be valid for two years after its FM PS effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the authority to FM PS approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The granting of this entitlement shall apply to the property located at (APN On going PS 031-183-031, 032) regardless of owner. 5. The Final Map shall be drawn in substantial conformance with the FM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 6. The subdivider shall defend, indemnify, and hold harmless the City of FM PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the subdivision. 7. The Tract Map shall be subject to additional fees for park or recreation FM PS purposes (QUIMBY Act) as required by City Ordinance. 8. The emergency services and facility maintenance costs listed below BP PS shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 7705 & 7735 Navajoa Ave BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Ma g p Improvement Plans FM: Final Map DepartEngineer PD: City CE: City Engineer TTM 20040060 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. FO: Final Occupancy ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 9. All tract maintenance costs listed below shall be 100% funded by the BP PS project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. ■ All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. • All parks, trails, recreational facilities and like facilities. ■ All open space and native tree preservation areas. • All drainage facilities and detention basins. ■ All creeks, flood plains, floodways, wetlands, and riparian habitat areas. ■ All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. ■ All frontage landscaping and sidewalks along arterial streets. 10. Prior to final map, the applicant shall submit CC&Rs for review and BP PS approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping in perpetuity. b) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. c) Residents shall keep all trash receptacles within the unit's designated trash storage area. d) Garages shall be maintained and used for vehicle parking. e No boats, RV's or other type of recreation vehicle may occupy a Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 7705 & 7735 Navajoa Ave BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Ma g p Improvement Plans FM: Final Map PD: City DepartEngineer CE: City Engineer TTM 20040060 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy guest or resident parking space, including within an individual garage. f) A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. 11. Affordable Housing Requirement: The applicant shall deed restrict 1 GP/BP PS, CA residential unit for 30 years, at the moderate income rate, prior to recordation of the final map or shall pay in -lieu fees based on 5% of the construction valuation of each unit. 12. Workforce Housing: Prior to recordation of final map, the applicant shall BP PS, CA enter into a legal agreement with the City to reserve '/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved; and The City Attorney shall approve the final form of the agreement. 13. The developer and/or subsequent owner shall assume responsibility for Ongoing PS the continued maintenance of all landscape and common areas. City Engineer Conditions PROJECT SPECIFIC CONDITIONS Drainage: 14. Obtain approval by the City Engineer of the grading & drainage plan and BP, GP CE the storm drain design & facilities. 15. Submit calculations to support the design of any structures or pipes. BP, GP CE Closed conduits shall be designed to convey the 10 -year flow with gravity flow, the 25 -year flow with head, and provide safe conveyance for the 100 - year overflow. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 7705 & 7735 Navajoa Ave BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Ma g p Improvement Plans FM: Final Map DepartEngineer PD: City CE: City Engineer TTM 20040060 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 16. Provide for the detention of the 50 -year developed storm runoff, while BP, GP CE metering out the 2 -year undeveloped storm runoff. Metered runoff must follow existing drainage patterns. 17. Show the method of dispersal at all pipe outlets. Include specifications for BP, GP CE size & type. 18. Acquire drainage easements where needed. Drainage shall cross lot lines BP, GP CE only where a drainage easement has been provided. 19. Concentrated drainage from off-site areas shall be conveyed across the BP, GP 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. Public Improvements and Maintenance: Navajoa Avenue 20. The applicant must provide for the repair and maintenance of on-site FM CE shared improvements. This includes driveway, private sewer system, lighting, and drainage facilities. The City Engineer and City Attorney shall approve the final form prior to recordation. 21. All public improvements shall be constructed in conformance with the City BP, GP CE of Atascadero Engineering Department Standard Specifications and Drawings, and current ADA standards or as directed by the City Engineer. 22. Full frontage improvements are required with this development. These BP, GP CE include curb, gutter, sidewalk and paveout. Public Improvement plans shall be submitted detailing the design. 23. A pedestrian access easement shall be recorded on the final map for ADA FM CE access way behind driveway approach. 24. Prior to issuance of building permits, the applicant shall submit a grading BP, GP CE and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. SANITARY SEWER CONDITIONS 25. Applicant shall pay sewer extension (annexation) fees upon issuance of BP, GP WW building permit. Sewer Connection and Reimbursement fees shall be payable upon actual connection of the building sewer to the public sewer system. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 7705 & 7735 Navajoa Ave BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Ma g p Improvement Plans FM: Final Map PD: City DepartEngineer CE: City Engineer TTM 20040060 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 26. Gravity mains and other sewer facilities within the subdivision shall be BP, GP WW privately owned and maintained. STANDARD CONDITIONS 27. All public improvements shall be constructed in conformance with the City BP, GP CE of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 28. In the event that the applicant is allowed to bond for the public FM CE improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 29. An engineer's estimate of probable cost shall be submitted for review and FM CE approval by the City Engineer to determine the amount of the bond. 30. The Subdivision Improvement Agreement shall record concurrently with the FM CE Final Map. 31. The applicant shall be responsible for the relocation and/or alteration of BP, GP CE existing utilities. 32. The applicant shall install all new utilities (water, gas, electric, cable TV and BP, GP CE telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 33. The applicant shall monument all property corners for construction control FM CE and shall promptly replace them if disturbed. 34. The applicant shall acquire title interest in any off-site land that may be FM CE required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 35. Slope easements shall be provided as needed to accommodate cut of fill FM CE slopes. 36. Drainage easements shall be provided as needed to accommodate both FM CE public and private drainage facilities. 37. The final map shall be signed by the City Engineer prior to the map being FM CE placed on the agenda for City Council acceptance. 38. 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. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 7705 & 7735 Navajoa Ave BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Ma g p Improvement Plans FM: Final Map DepartEngineer PD: City CE: City Engineer TTM 20040060 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 39. Prior to recording the tract map, the applicant shall set monuments at all FM CE new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 40. Prior to recording the map, the applicant shall complete all improvements FM CE required by these conditions of approval 41. Prior to recording the tract map, the applicant shall have the map reviewed FM CE by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the map. 42. Upon recording the final map, the applicant shall provide the City with a FM CE black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 43. Prior to the final inspection of any public improvements, the applicant shall FM CE submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 44. Prior to the final inspection, the applicant shall submit a written certification BP, GP CE from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 45. An encroachment permit shall be obtained prior to any work within City BP, GP CE right-of-ways. 46. Prior to the issuance of building permits the applicant shall submit a grading BP, GP CE and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. Mitigation Measures Mitigation Measure 1.c.1: The shared driveway shall be of a decorative BP PS 1.0 nature to minimize the visual impact of the paved area. Mitigation Measure 1.d.1: Exterior lighting shall be limited to wall mounted BP PS 1.d.1 building lighting only. All exterior lighting shall be designed to eliminate any off site glare and shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Fixtures shall be shield cut-off type and compatible with historic setting, subject to staff approval. Conditions of Approval / Mitigation Monitoring Program 7705 & 7735 Navajoa Ave Vesting Tentative Tract Ma g p TTM 20040060 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department DepartEngineer PD: City CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP BS 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM-) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. ■ Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If Naturally Occurring Asbestos (NOA) is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. . If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Should Naturally Occurring Asbestos be identified within the area of construction, and the worked area will be less than or equal to one acre, then the dust control measures identified below are required. If the disturbed area is greater than one acre, additional requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 7705 & 7735 Navajoa Ave BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Ma g p Improvement Plans FM: Final Map PD: City DepartEngineer CE: City Engineer TTM 20040060 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy ■ 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 4.e.1: The Grading Plan shall identify tree protection GP PS 4.e.1 fencing around the drip line of each existing on-site or off-site native tree within 20 feet of construction activity. Mitigation Measure 4.e.2: Grading and excavation and grading work shall GP PS 4.e.2 be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 7. All existing trees outside of the limits of work shall remain. 8. Earthwork shall not exceed the limits of the project area. 9. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 10. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 11. All trees within the area of work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 12. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 7705 & 7735 Navajoa Ave BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Ma g p Improvement Plans FM: Final Map DepartEngineer PD: City CE: City Engineer TTM 20040060 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Mitigation Measure 4.e.3: An arborists report shall be required prior to GP PS 4.e.3 project implementation. The report shall identify each native tree proposed for removal and each tree within the project area subject to potential impact. The report shall provide recommendations for tree pruning, tree protection of existing native trees to remain, and identify native tree impact/replacement mitigation per the Atascadero Municipal Code Section 9-11.5. Mitigation Measure 6.b: The grading permit application plans shall include GP CE 6.b erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.d: A soils report shall be required to be submitted GP BS 6.c.d with a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. Mitigation Measure 8.e.f: The developer is responsible for ensuring that all BP CE 8.e.f contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop work orders. Mitigation Measure 11.d: All construction activities shall comply with the City Ongoing BS/PS 11.d of Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process.