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HomeMy WebLinkAboutPC_2008-10-07_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, October 7, 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, October 7, 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 SEPTEMBER 2, 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 2007-1254, TENTATIVE PARCEL MAP FOR 9125 SAN RAFAEL ROAD Property Owner: Jim and Bonnie Cvancara, 7501 E. Greenbluff Road, Colbort, WA 99005 Project Title: PLN 2007-1254, Tentative Parcel Map 2007-0092 Project 9125 San Rafael Road., Atascadero, CA 93422 Location: (San Luis Obispo County) APN 056-162-039 Project The project consists of an application to subdivide an existing 3.07 gross acre lot into Description: two (2) lots. Parcel 1 is proposed at 1.03 (net and gross) acres and Parcel 2 is proposed as a flag lot consisting of 2.04 gross acres (1.91 acres, excluding flag area.) Proposed Parcel 1 has a 7.32% average slope and is currently developed with a single- family residence, detached garage, and barn. Proposed Parcel 2 has an average slope of 12.10% and is currently undeveloped. Both sites contain several native trees, including mostly Valley Oaks and Live Oaks. No Native trees are proposed for removal. A building envelope is included on Proposed Parcel 2 in order to limit impacts to native trees and limit grading near the swale towards the rear of the property. The subject site is within a sewer service area. General Plan Designation: SFR -Y Zoning District: RSF-Y Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The proposed Mitigated Negative Declaration is available for public review from 9/18/08 through 10/7/08 at 6907 EI Camino Real, Community Development Department Determination: from 8:00 a.m. to 5:00 p.m., Monday through Friday. City of Atascadero Planning Commission Agenda Regular Meeting, October 7, 2008 Page 3 of 4 3. PLN 2008-1296, CONDITIONAL USE PERMIT FOR 4185 DEL RIO ROAD Property Owner: Bryan Matts, 4185 Del Rio Road, Atascadero, CA 93422 Project Title: PLN 2008-1296, Conditional Use Permit 2008-0230 Project 4185 Del Rio Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 049-073-032 Project The project consists of an application for a Minor Conditional Use Permit for a garage Description• which exceeds 50% of the size of the main residence. The main residence is 1,244 sq. ft. and the proposed garage (as built) is at 1,688 sq. ft. Section 9-6.106 of the Municipal Code allows detached accessory structures that exceed size requirements subject to the approval of a Minor Conditional Use Permit. General Plan Designation: SE (Suburban Estate) Zoning District: RS (Residential Suburban) Class 3 of the California Environmental Quality Act (CEQA) (Section 15303, New Proposed Construction or Conversion of Small Structures) exempts construction and location of Environmental limited numbers of new, small facilities or structures, including accessory structures such Determination: as garages and carports. COMMUNITY DEVELOPMENT STAFF REPORTS COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on October 21, 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, October 7, 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: 10-7-08 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, September 2, 2008 — 7:00 P.M. Chairperson Fonzi called the meeting to order at 7:00 p.m. and Commissioner Marks led the Pledge of Allegiance. ROLL CALL Present: Commissioners Heatherington, Jack, Marks, O'Keefe, and Chairperson Fonzi Absent: Commissioner O'Grady and Commissioner Moreno Others Present: Recording Secretary Susanne Anshen Staff Present: Community Development Director Warren Frace, City Engineer / Public Works Director Steve Kahn, Deputy Community Development Director Steve McHarris, and Associate Planner Callie Taylor APPROVAL OF AGENDA MOTION: By Vice Chairperson Jack seconded by Commissioner Marks to approve the agenda. Motion passed 5:0 by a roll -call vote. PUBLIC COMMENT None. Chairperson Fonzi closed the Public Comment period. PC Draft Minutes of 9-2-08 Page 1 of 4 PLANNING COMMISSION BUSINESS DISCLOSURE OF EX PARTE COMMUNICATIONS • Commissioner Jack visited the 1205 EI Camino Real site (Item #2). CONSENT CALENDAR 1. APPROVAL OF TIME EXTENSION ON TENTATIVE TRACT MAP 2006-0088, 8255 SAN ANDRES (BARRE). MOTION: By Commissioner Marks seconded by Vice Chairperson Jack to adopt Resolution PC 2008-0045 thereby approving a One - Year Time Extension of Tentative Tract Map 2006-0088 in compliance with Section 11-4.23(a) and 11-4.33(b) of the Subdivision Ordinance. Motion passed 5:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None. PUBLIC HEARINGS 2. PLN 2007-1249, AMENDMENT TO CUP 1986-0013,1205 EL CAMINO REAL Property Owner: Escuela Del Rio, A California Non -Profit Corp., PO Box 6007, Atascadero, CA 93423 Applicant: Joe Elkins, Architect, PO Box 550, Templeton, CA 93465 Project Title: PLN 2007-1249, Amendment to CUP 1986-13 Project 1205 EI Camino Real, Atascadero, CA 93422 Location: APN 049-042-011 (San Luis Obispo County) Project The project consists of an application for a new facility and site improvements for an Description: existing daycare center for developmentally disabled adults. The existing structure on-site is proposed to be demolished. A new 3,720 square -foot facility is proposed. The proposed project includes a new passenger drop-off circle and eight (8) on-site parking spaces. Approximately 745 cubic yards of cut and 407 cubic yards of fill will be required. The project will impact twelve (12) native trees totaling 151 inches DBH; no trees are proposed for removal. The project will take access from EI Camino Real and be served by City sewer. General Plan Designation: HDR Zoning District: RMF -16 Proposed Based on the Initial Study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The Mitigated Negative Declaration is available for public review at 6907 EI Determination: Camino Real, Community Development Department from 8:00 a.m. to 5:00 p.m. Monday through Friday. PC Draft Minutes of 9-2-08 Page 2 of 4 Associate Planner Callie Taylor gave the staff report and answered questions of the Commission. PUBLIC COMMENT Joe Elkins and Debbie Aregano, applicant, explained the reason for the request and answered questions of the Commission. Chairperson Fonzi closed the Public Comment period. Commissioners asked staff questions on sewer connection and maximum occupancy. MOTION: By Vice Chairperson Jack and seconded by Commissioner O'Keefe to adopt Resolution PC 2008-0046 approving PLN 2007-1249, and Amendment to CUP 1986-0013 based on findings and subject to Conditions of Approval. Motion passed 5:0 by a roll -call vote COMMISSIONER COMMENTS AND REPORTS Chairperson Fonzi stated that City Engineer / Public Works Director Steve Kahn will be leaving the City of Atascadero to work as the Utilities Engineer for the City of Santa Maria, and the Commission thanked him for his service to the City. Commissioner Heatherington suggested we have a staff presentation from Parks and Rec. at the Planning Commission meetings. Community Development Director Warren Frace indicated that we could request someone report on trails and park facilities. Vice Chairperson Jack suggested some type of recognition for retiring Planning Commission members, such as a certificate signed by the then -serving members. Commissioner O'Keefe requested it be on an individual basis as some may not want a plaque or certificate. DIRECTOR'S REPORT Community Development Director Warren Frace stated Eagle Ranch's developer will conduct a workshop on September 25, 2008, at 6:30 p.m. at the Lake Pavilion, and official notices will go out. At the last meeting of the Planning Commission, it was requested staff prepare a presentation on storm -water runoff quality issues, which Mr. Frace hoped to have scheduled on the next meeting. The next Planning Commission meeting there is a Planned Development scheduled to be presented for 7705 Navajoa, which will be a time extension only. PC Draft Minutes of 9-2-08 Page 3 of 4 Chairperson Fonzi asked Community Development Director Warren Frace if the Planning Commission would be taking a physical tour of Eagle Ranch. Mr. Frace stated once the project is farther along, the Planning Commissioners will be taking a tour of the project. City Engineer / Public Works Director Steve Kahn reported Streetscape Phase II has begun, and answered questions of the Commission. ADJOURNMENT Chairperson Fonzi adjourned the meeting at 7:30 p.m. to the next regularly scheduled meeting of the Planning Commission on September 16, 2008. MINUTES PREPARED BY: Susanne Anshen, Recording Secretary \\Cityhall\cdvlpmnt\— PC Minutes\PC Minutes 08\PC Draft Minutes 09-02-08.sa.doc PC Draft Minutes of 9-2-08 Page 4 of 4 ITEM NUMBER: 2 DATE: 10-7-08 Atascadero Planning Commission Staff Report — Community Development Department Callie Taylor, Associate Planner, 470-3448, ctaylor@atascadero.org Tentative Parcel Map 2007-0092 (PLN 2007-1254) 9125 San Rafael Rd. (Cvancara, Geo -West) SUBJECT: The project consists of an application to subdivide an existing 3.07 gross acre lot into two (2) lots. Parcel 1 contains an existing single family residence, detached garage, and barn, and is proposed at 1.03 (net and gross) acres. Parcel 2 is proposed as a vacant flag lot consisting of 2.04 gross acres (1.91 acres, excluding flag area.) RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2008-0049 certifying the proposed Mitigated Negative Declaration 2008-0013 and approving Tentative Parcel Map 2007- 0092 (PLN 2007-1254), a request to subdivide one lot totaling 3.07 acres into two (2) parcels containing 1.03 acres and 2.04 acres (1.91 acres) each, based on findings and subject to conditions. SITUATION AND FACTS: 1. Owner: Jim & Bonnie Cvancara 7501 E Greenbluff Rd., Colbort WA 99005 Contact: Geo -West Land Consultants, 5185 Traffic Way, Ste. B, Atascadero, CA 93422 2. Project Address: 9125 San Rafael, Atascadero, CA 93422 APN # 056-162-039 3. General Plan Designation: Single Family Residential, 1 acre minimum (SFR -Y) 4. Zoning District: Residential Single Family, 1 acre minimum (RSF-Y) 5. Site Area: 3.07 acres ITEM NUMBER: 2 DATE: 10-7-08 6. Existing Use: One single family residence, a detached garage, and a barn 7. Environmental Status: Proposed Mitigated Negative Declaration posted September 18, 2008 DISCUSSION: Background/ Site description: In January of 2000 the subject property at 9125 San Rafael Road was part of a Lot Line Adjustment which reconfigured the lot lines of six existing legal lots of record. The lot lines were adjusted to create two one acre parcels, consistent with the RSF-Y one acre minimum lot size requirement. The other four parcels range from 3.00 acres to 5.91 acres, allowing those parcels to be divided at a later time. The subject lot at 9125 San Rafael was configured as a long narrow lot at 3.07 acres. No new parcels were created AN AD.VSTL£NT OF THE LOT / � AV 7 21, LOT 22 AND A PORTION /C� Porth+ [Or 9 I I I J4—ATASCAD£RO COLONY J -MAPS -a_,...,.,_. / I I I CITY OF ATAS Lora 1 I COUNTY OF SAN L / _ I I I STA TF OF CAL P~ 0 1 f I TA FW -31K f IAC bk 20-PY-M /S Sr G41P(r I Sw EP FR. J14- /a �90-Q -4fS) I 11 Pa r r a/ft" I a,W*- r 7 Pbs IF ......vn9 m -(s- 3 " w9 -u I}pW� •fit r� ACCESS E42MOV PARCEL 2 SOI AC - N71•F(Y)'/ - - IWSY P~ C PARCEL 1 S 875V20r C- SM A` ARCEL 4 N 7=7'" [ 107 K = m90 (M) PARO£L 5 JW AC 50' access easement N = Y a'9 s e to Parcel 2 & Y PARCEL 3 r S y • y .. 1P ACRe F~: $ Y 3 --- I i BLOCK 34 A.N J 3 3359'.H' • S 919rX1 F . Ir W. n) PARCEL 6 M • I.W K Nrar (►-N .171.74 Nl 1 N) 6915 71) • w Reba L�-Zr QCK 35 I I Subject I Lot: 3.07 for n J•YAVS'-M I I I for IJ for n fo 3 -NAPS -M I J -YAPS-« I i i 0 J -YAPS- acres 99-289) Lot Line Adjustment 2000-0001(ATAL In January of 2000 the subject property at 9125 San Rafael Road was part of a Lot Line Adjustment which reconfigured the lot lines of six existing legal lots of record. The lot lines were adjusted to create two one acre parcels, consistent with the RSF-Y one acre minimum lot size requirement. The other four parcels range from 3.00 acres to 5.91 acres, allowing those parcels to be divided at a later time. The subject lot at 9125 San Rafael was configured as a long narrow lot at 3.07 acres. No new parcels were created ITEM NUMBER: 2 DATE: 10-7-08 with Lot Line Adjustment 2000-0001. Four of the lots (including the subject lot at 9125 San Rafael) contained existing residences which took access off of San Rafael. Parcel 5 and Parcel 2 of the Lot Line Adjustment were configured as vacant lots with access off of West Front Road. Parcel 2 was configured without direct road frontage and has a 50 foot access easement across the subject lot at 9125 San Rafael to West Front Road (see map above). The subject property at 9125 San Rafael Road is currently developed with one single family residence, a detached garage, and an accessory structure. City sewer is located along the project frontage on San Rafael. Several oak trees are located on the property, including mostly Valley Oaks and Live Oaks. There is a swale located towards the rear half of the property. Existing Residence & detached garage Aerial View of Existing Site Background on Subdivision Design: ITEM NUMBER: 2 DATE: 10-7-08 Section 11-6.26 of the Atascadero Municipal Code includes specific requirements for deep lot subdivisions, known as flag lots. The following key aspects are included: • The installation of a standard street, either alone or in conjunction with neighboring properties is not feasible. • The accessway serving the flag lot(s) shall not be included in the determination of required lot area for any lot. The proposed lot at 9125 was originally submitted for a three lot Parcel Map in October of 2006. The applicant went through several different subdivision designs for the 3.07 acre lot. However, due to the long narrow shape of the lot, the applicant was not able to meet the minimum one acre lot size on all three proposed when the area of the flag was subtracted. As the subdivision ordinance does not allow the area of the flag to be including in the calculations for meeting minimum lot size, the applicant decided to withdraw the application in April of 2007. Another factor which staff had to consider was the other lots which were involved in the Lot Line Adjustment which was done in 2000. The Lot Line Adjustment created four parcels in the SFR -Y zone ranging from 3.0 acres to 5.91 acres, all of which could be further subdivided. The 3.0 acre parcel along West Front (Parcel 5, 10200 West Front Road) was subdivided into three one -acre parcel in April of 2005. All of these lots have direct frontage on West Front Road. Parcels 1, 3, and 4 of LLA 2000-0001 were all designed as narrow, deep lots with frontage on San Rafael. Development of each of these parcels individually would result in the creation of multiple flag lots. In 2006, Parcel 1 (9085 San Rafael) and Parcel 4 (the subject lot at 9125 San Rafael) were in the process of submitting parcel and tract maps for subdivision. Staff met with the property owners of all three parcels in an attempt to coordinate the three owners and discuss options for developing the three lots as one cohesive subdivision. By working together to develop one common subdivision consisting of all three lots (a total of 14.21 acres), the owners would be able to install a standard street. A standard street, rather than multiple flag lots, would provide for orderly lot configuration and development. Emergency access could be provided by designing a street which loops back to West Front or San Rafael, rather than creating fire truck turn around areas at the end of each flag driveway. A joint subdivision would also allow the owners to create additional lots since they would not be limited by the flag lot subdivision requirements, which do not allow the flag lot area to be counted towards meeting the minimum lot size. However, after several meetings between the property owners and City staff, it became apparent that the goals and timelines of the three separate property owners would not allow for the three lots to be developed together. Two of the property owners were interested in moving forward quickly to subdivide, and the property owner of the middle parcel was not interested doing subdividing in the in the near future. Subdivision Design: ITEM NUMBER: 2 DATE: 10-7-08 Proposed Tentative Parcel Map 2007-0092 (AT 06-0205) J17- � 'Ar` - fsa a• � - - Parcel 2: 2.04 acres +' 1.91 acres, excluding flag area Vacant lot; Proposed building envelope avoids native trees & swale 0J ■ DELI I L) `� < U d -0 Q w Q ? Q ....._-1.. - -- r F LU t Y \ Parcel 1: 1.03 acres — Contains existing residence, i barn, & detached garage San Rafael Rd. 4k0K lid3.lij NYS ITEM NUMBER: 2 DATE: 10-7-08 In October of 2007, the owner of the subject lot at 9125 San Rafael submitted the current application to subdivide the 3.07 acre parcel into two lots. Parcel 1 is proposed at 1.03 gross and net acres. Parcel 2 is proposed as a flag lot consisting of 2.04 gross acres (1.91 acres, excluding flag area.) Both lots meet the SFR -Y one -acre minimum lot size when the area of the flag is subtracted. The subject site is within the urban service line and both lots will be served by City sewer. Proposed Parcel 1 has a 7.32% average slope and is currently developed with a single- family residence, detached garage, and barn. Proposed Parcel 2 has average slope of 12.10% and is currently undeveloped. A building envelope is included on proposed Parcel 2 in order to limit impacts to native trees and limit grading near the swale towards the rear of the property. The building envelope is designed to stay out of the majority of the native tree drip lines. The envelope also prohibits construction from crossing the swale. Culverts, bridges, or other type crossing would have been designed to extend the developable area to the back of the lot on the other side of the swale. In order to avoid a swale crossing and avoid impacts to the waterway, the building envelope is designed to keep future development away from this sensitive area. The existing site contains several native trees, including mostly Valley Oaks and Live Oaks. An arborist report has been provided to address impacts which would result from the installation of the new access driveway to Parcel 2. No native trees are proposed for removal. There are two non-native trees along the proposed driveway which will need to be removed during construction. The two trees look like black walnuts, however, the project arborist has confirmed that these are actually pecan trees, which are non-native and are not protected by the Atascadero Native Tree Ordinance. The proposed driveway and building envelope have been located to avoid all native trees with the exception of one 8 -inch Live Oak located towards the rear of the building envelope. The tree can most likely be avoided during the construction of the future residence. A tree removal permit would be required if a future owner was unable to avoid the tree and needed to request removal of the 8 -inch Live Oak. Section 11-6.26 of the Subdivision Ordinance includes specific requirements for the width of the accessway for flag lots: • The accessway to the rear shall be at least twenty (20) feet wide (developed to City standards) for residential zones, except where the accessway is more than one hundred fifty (150) feet long, it shall be at least twenty-four (24) feet wide with twenty (20) feet of pavement, unless otherwise approved by the Planning Commission. • Each lot shall have yards as required by the zoning regulations, including a five (5) foot setback along any accessway, whether easement or lot line. • The lot farthest from the street shall own the accessway in fee. The accessway or "flag" to proposed Parcel 2 is over 150 in length, and is therefore required to be at least 24 -feet wide, unless otherwise approved by Planning Commission. An existing detached garage is currently located approximately 26 -feet ITEM NUMBER: 2 DATE: 10-7-08 from the side property line where the new accessway to Parcel 2 is proposed. Since a minimum five-foot setback is required from the new accessway to the existing garage, the applicant is requesting the access flag be approved at 20 -feet in width rather than the standard 24 -foot width. The fire department has determined that 20 feet is wide enough for emergency access vehicles and has approved the proposed flag design. Additional conditions are included in the attached resolution regarding standard fire department requirements for turn outs, fire hydrants, and pavement width. During plan check review of the future residence, the driveway shall be reviewed by the fire department and shall be required to comply with all current emergency access and fire department standards. Staff is recommending that the Planning Commission approve the reduced access width as it avoids native trees on the opposite side of the lot, and is sufficient for emergency access at the proposed width. Environmental Review: Draft Mitigated Negative Declaration 2006-0013 was circulated to public agencies and interested members of the public on September 18, 2008. Mitigation measures were incorporated to address any potential impacts. The Initial Study concluded there would be no significant harm to the environment as a result of the proposed subdivision. In order for the Planning Commission to certify the document, a finding must be made that the project will not have a significant negative impact on any listed category with the implementation of required mitigation measures. Staff is recommending that the Commission certify Proposed Mitigated Negative Declaration 2008-0013. General Plan Consistency: Staff has reviewed the project with the 2002 General Plan Land Use, Open Space, and Conservation Goals, Policies, and Programs and has noted the following: • Policy 7.1 Program 4: Require lot line adjustments and tentative subdivision maps on site with 25 percent or greater native tree canopy cover to establish locations of building sites, driveways and leach fields that will minimize native tree impacts. • Policy 8.1: Ensure that development along Atascadero Creek, Graves Creeks, the Salinas River, blue line creeks, natural springs, lakes or other riparian areas does not interrupt natural flows or adversely impact riparian ecosystems and water quality. • Policy 15.1: Growth should be directed to areas where services can be provided in a cost effective manner. The project location is within the urban service line, just west of West Front Road near Highway 101. A building envelope is provided which limits tree impacts and protects the swale located at the rear of the property. City sewer services are provided. ITEM NUMBER: 2 DATE: 10-7-08 Findings for Approval of Subdivision The Planning Commission must make the following twelve findings to approve the Tentative Parcel Map: Findinq 1 and 2: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. Staff Comment: The proposed subdivision is consistent with the General Plan and the zoning requirements. The subdivision design is supports General Plan Policies 7.1, 8.1, and 15.1. The lots are designed to meet minimum lot size requirements of the SFR -Y zone. Findings 3 and 4: 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. Staff Comment: The site is physically suitable for both the type and the density of the proposed development. The proposed vacant lot has been designed with a building envelope which limits impacts to sensitive area such as native trees and swales. The site is physically suitable of the one additional lot created by the proposed subdivision. Finding 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. Staff Comment: The proposed Mitigated Negative Declaration shows that with the proposed Mitigation Measures, the proposed subdivision will not cause substantial environmental damage. Impacts to wildlife and their habitat shall be protected by limiting development to the proposed building envelope. Finding 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. Staff Comment: The subdivision does not conflict with public easements. The 50 foot private access and sewer easement located at the rear of the property is located outside the proposed building envelope and will not interfere with the access to the adjacent lot. Finding 7.- The proposed subdivision design and type of improvements proposed will not cause serious public health problems. Staff Comment: No serious public health problems shall be caused by the proposed ITEM NUMBER: 2 DATE: 10-7-08 subdivision design or improvements. Mitigation measures have been included consistent with the requirements of the Air Pollution Control District in order to limit dust and other pollutants during construction of the new residence. Finding 8: The proposed subdivision will be accomplished without detriment to the adjacent properties. Staff Comment: The subdivision has been designed so that both lots take access off of West Front Road. The new lot will not use the private access easement form West Front Road, and therefore, the existing access easement will not become overburdened. The proposed subdivision will not cause detriment to adjacent properties. Findinq 9: The installation of a standard street, either alone or in conjunction with neighboring properties, is not feasible. Staff Comment: Staff has discussed the possibly of subdividing the subject lot in conjunction with the adjacent 5.91 acre lot at 9123 San Rafael and the 5.23 acre lot at 9085 San Rafael. If all three lots were subdivided together, multiple flag lot designs could be avoided and a standard street could be installed. However, the goals and timelines of the three separate property owners were not able to facilitate one cohesive subdivision. Therefore, a joint subdivision with a standard street is not possible at this time. A standard street is not possible on the subject 3.07 acre lot on San Rafael, and therefore, a flag lot is being proposed. Finding 10: The flag lot is justified by topographical conditions. Staff Comment: The applicant is requesting that a 20 -foot access flag (rather than the standard 24 -foot flag) be approved on the easterly side of the site in order to avoid native trees on the west side of the site. The new driveway is designed to minimize impacts to the existing oaks, and the swale at the rear of the property is protected by the included building envelope. Finding 11: The subdivision is consistent with the character of the immediate neighborhood. Staff Comment: The subdivision is consistent with the charter of the neighborhood. The area along San Rafael is developed with multiple flag lot designs. Finding 12: The proposed accessway improvements meet the intent of the subdivision ordinance and are adequate for safe emergency vehicle access. Staff Comment: As discussed in the staff report above, the project has been designed to meet the subdivision ordinance requirements. The subdivision ordinance allows the access flag to be reduced to 20 feet in width with Planning Commission approval. The fire department has determined that the proposed ITEM NUMBER: 2 DATE: 10-7-08 twenty foot wide flag and driveway is adequate for safe emergency access. A five foot setback is provided along the along the flag accessway to the existing detached garaged, consistent with the flag lot requirements. In addition, the area of the flag accessway has not been counted towards the meeting the minimum lot size, consistent with the subdivision ordinance requirements. CONCLUSIONS: The subdivision is consistent with the 2002 General Plan and Zoning Ordinance. The parcel configurations are consistent with the Subdivision Ordinance requirements and the size and shape of the proposed lots are consistent with the character of the immediate neighborhood. A building envelope has been included on the proposed new vacant lot in order to minimize impacts to native trees and the swale on the property and keep the future development of the single family lot away from these sensitive areas. Staff recommends the Planning Commission approve the Tentative Parcel Map as conditioned. ALTERNATIVES: 1. The Commission may approve the subdivision subject to additional or revised project conditions. The Commission's motion to approve needs to include any new or revised project conditions. 2. The Commission may deny the subdivision if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. ATTACHMENTS: Attachment 1 — Location Map (General Plan & Zoning) Attachment 2 — Aerial Map Attachment 3 — Site Photos Attachment 4 — Arborist Report Attachment 5 — Proposed Mitigated Negative Declaration Attachment 6 — Draft Resolution PC 2008-0049 ATTACHMENT 1: Location Map (General Plan / Zoning) TPM 2007-0092, 9125 San Rafael Project Site 9125 San Rafael ITEM NUMBER: 2 DATE: 10-7-08 Zone: Residential Single Family - 1 acre minimum (RSF-Y) Land Use Designation: Single Family Residential, 1 acre minimum (SFR -Y) ATTACHMENT 2: Aerial Map, 9125 San Rafael It- Project Site t 'V - I N oPP6 00 ITEM NUMBER: 2 DATE: 10-7-08 ITEM NUMBER DATE: 10-7-08 ATTACHMENT 3: Site Photos, 9125 San Rafael Existing detached garage and access flag location Proposed building envelope location -Parcel 2 ITEM NUMBER DATE: 10-7-08 ATTACHMENT 4: Arborist Report, TPM 2007-0092, 9125 San Rafael P.Q. BOX 1314 TEMPLETON, CA 934655 (SW 434..0431 July 2, 2008 Jim and Bonnie C'vancara 9125 San Rafael Road Atascadero, CA 93422 Re; Tree Protection Plan for Tentative parcel map 06-0205, located at 9123 San Rafael Road Atascadero, CA 93422. This Tree Protection Plan is for the location stated above. The development will be impacting fifteen native oak trees. ten live oak (Quercus• agrifoliu) and five valley oak (Quereus lobala]. Impact to trees numbered 6-16 has been documented as unknown due to the size of the proposed building envelope and the unknown location of the sites improvements. The beginning of the flag driveway has two pecan trees (Carva illinoinensis) not to be mistaken for native black walnut (.1uglans hindsfl.feps.), these trees will be removed. During the tagging process tree number was inadvertently skipped, subsequently the Tree Protection Spreadsheet has not been filled out for tree line item 48. It is the responsibility of the owner/agency to provide a copy of this tree protection plan to any and all contractors and subcontractors that work within the drip line of the native trees. It is highly recommended that each contractor sign and acknowledge this tree protection plan. The trees impacted by this project are numbered and identified on both the grading; plan and the tree protection spreadsheet. Trees are numbered on the grading plans and in the field with an aluminum tag. Tree protection fencing; is shown on the grading plan. In the field trees to be saved have yellow tape. Trees suggested for removal have red tape. Tree Rating. System A rating system of 1-10 was used for visually establishing the overall condition of each tree on the spreadsheet. The rating system is defined as follows: Rating Condition Deceased Evidence of massive past failures, extrerne disease and is in severe decline. ITEM NUMBER DATE: 10-7-08 ATTACHMENT 4: Arborist Report, TPM 2007-0092, 9125 San Rafael 2 May he saved with attention to class 4 pruning. insect/pest eradication and future monitoring. 3 Some past failures, some pests or structural defects that m.a� be mitigated by class IV pruning. 4 May have had minor past failures. excessive deadwood or minor structural defects that can be mitigated with pruning. Relatively healthy tree with little visual structural and or pest defects. 6 Healthy tree that probably can be [ell in its natural state. 7-9 Have had proper arboricultural pruning and attention or have no apparent structural defects. 10 Specimen tree with per -feet shape. structure and foliage in a protected setting (i.e. park. arboretum). The following mitigation measures/methods must be fully understood and tislluwed b\ anyone working within the drip line of any native tree. Any necessary clarification will be provided by us (the arborists) upon request. 1. Fencing: The proposed fencing shall be shown in orange ink on the grading plan. It must be a minimum of 4' high chain link. snow or safety fence staked at the edge of the drip line or line of encroachment for each tree or group of trees. The fence shall he up before any construction or earth moving. begins. The owner shall be responsible for maintaining an erect fence throughout the construction period. The arborist(s). upon notification, will inspect the fence placement once it is erected. Atter this time. fencing shall not be moved without arborist inspection/approval. If the orange plastic fencing is used. a minimum of four zip ties shall he used on each stake to secure the fence. Ail efforts shall be made to maximize the distance from each saved tree. 2. Soil Aeration Methods: Soils within the drip line that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include water.jetting. adding organic maner. and boring small holes with an auger (18" deep. 2-T apart with a2-4" augeo and the application of moderate amounts of nitrogen fertilizer. The arborist(s) shall advise. 3. Chip Mulch: All areas within the drip line of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture. soil structure and reduce the effects of soil compaction. 4.. Trenching Within Drip Line: All trenching, within the drip line of native trees shall be hand dug. augured or bored (for utilities). All major roots shall be avoided whenever possible. All exposed roots larger than 1" in diameter shall be clean cut «ith sharp pruning tools and not left ragged. A Mandatory meeting between the arborists and grading contractor(s) must take place prior to work start. 5. Grading Within The Drip Line: Grading should not encroach within the drip line unless authorized. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. ITEM NUMBER DATE: 10-7-08 ATTACHMENT 4: Arborist Report, TPM 2007-0092, 9125 San Rafael 6. Exposed Roots: Any exposed roots shall be re-covered the same day they were exposed. If they cannot, they must be covered with burlap or another suitable material and wetted down 2x per day until re -buried. 7. Paving Within The Drip kine: Pervious surfacing is preferred within the drip line of any native tree. If pavers are required, the areas are outlined on the grading plans. Pavers must be interlocking with a minimum of 109/6 void space backfilled with pea gravel. Fabric shall be permeable. The % slope of the driveway may prohibit the engineering of pavers for this project. 8. Equipment Operation: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. Also there is to be no parking of equipment or personal vehicles in these areas. All areas behind fencing are off limits unless pre -approved by the arborist. 9. Existing Surfaces: The existing ground surface within the drip line of all oak trees shall not be cut, filled, compacted or pared, unless shown on the grading plans and approved by the arborist. 10. Construction Materials And Waste: No liquid or solid construction waste shall be dumped on the ground within the drip line of any native tree. The drip line areas are not for storage of materials either. 11. Arborist Monitoring: An arborist shall be present for selected activities (trees identified on spreadsheet and items bulleted below). The monitoring does not necessarily have to be continuous but observational at times during these activities. It is the responsibility of the owner(s) or their designee to inform us prior to these events so we can make arrangements to be present. It is the responsibility of the owner to contract (prior to construction) a locally licensed and insured arborist that will document all monitoring activities. • Pre -construction fence placement • any utility or drainage trenching within any drip line ■ All grading and trenching near trees requiring monitoring on the spreadsheet • All driveway construction activities • Tree removal operations I2. Pre -Construction Meeting: An att-site pre -construction meeting with the Arborist(s), Owner(s), Planning Staff and the earth moving team shall be required for this project. Prior to final occupancy, a letter from the arborist(s) may be required verifying the health/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall verify that the arborist(s) were on site for all grading and/or trenching activity that encroached into the drip line of the selected native trees, and that all work done in these areas was completed to the standards set forth above. ITEM NUMBER DATE: 10-7-08 ATTACHMENT 4: Arborist Report, TPM 2007-0092, 9125 San Rafael 13. Pruning: Class I pruning includes deadwood removal along with selective thinning to lesson wind resistance. Class 4 pruning includes -Crown reduction pruning shall consist of reduction of tops, sides or individual limbs. A trained arborist shall perform all pruning. No pruning shall take more than 25% of the live crown of any native tree. Any trees that may need pruning for road/home clearance shall be pruned prior to any grading activities to avoid any branch tearing. 14. Landscape: All landscape under the drip -line shall be drought tolerant or native varieties. Lawns shall be avoided. All irrigation trenching shall be routed around drip lines; otherwise above ground drip -irrigation shall be used. It is the owner's responsibility to notify the landscape contractor regarding this mitigation. 15. Utility Placement: All utilities shall be placed down the road/driveway and when possible outside of the drip lines. The arborist shall supervise trenching within the drip line. All trenches in these areas shall be exposed by air spade or hand dug with utilities routed under/over the roots. The included spreadsheet includes trees listed by number, species and multiple stems if applicable, diameter and breast height (4.5'), condition (scale from poor to excellent), status (avoided, impacted, removed, exempt), percent of drip line impacted, mitigation required (fencing, root pruning, monitoring), construction impact (trenching, grading), recommended pruning and individual tree notes. If all the above mitigation measures are followed, we feel there will be no additional long-term significant impacts to the remaining native trees. Please let us know if we can be of any future assistance to you for this project. Steven G. Alvarez Certified Arborist #WC 0511 ITEM NUMBER DATE: 10-7-08 ATTACHMENT 4: Arborist Report; Addendum TPM 2007-0092, 9125 San Rafael A & "T' ARBORiSTSj - P.O. BOX 1311 TEMPLETON, CA 93465 (805) 434-0131 RECEIVED September 9, 2008 SEP - 9 2008 Jim and Bonnie Cvancara COMMUNITY DEVELOPMENT RE: Addendum #1 for 9125 San Rafael Road, Atascadero, CA 93422 APN #056-162-039 Jim and Bonnie; This Addendum is to address the change of plans to the building envelop for the above stated property. It appears that I was given the wrong plans initially; the new plans now show the driveway turning to the right before tree #2 instead of after the same tree. The driveway will now be impacting tree #5 on the south east instead of the north west, tree 46 will now have impacts on the west side. All of the remaining native trees will have the same impacts. I have revised the Tree Protection spread sheet and the new preliminary grading plans to reflect the changes that have been made. Please let me know if we may be of any further assistance to you on this project. Steven G. Alvarez ITEM NUMBER: 2 DATE: 10-7-08 ATTACHMENT 4: Arborist Report: Tree Spreadsheet TPM 2007-0092, 9125 San Rafael w U i w U � w U � w U i a O a O J a O J a O J a O J a O J a O J a O J a O J T- � W w z z r W~ = f z = z = = Z = W Z 3 w 3 w 3 3 w 0 C o a v m o m 0 m 0 m 0 m 0 m 0 m QJ C m O m O O CV J � 2 111 2 U O CL- Q�� Z Y Y Y Y Y Y Y Y Y Y w z z N U Z w a o o LLI N z z O j K z�� O O O Y Y Y Y Y Y Y Y Y Y O O O 2 LL Lu Q' z U w W Lij Q Q Z a a °- C z U C (� LL (n Q 0� Q O� ��� Y Y Y Y Y Y Y Y Y Y a y o m 5 U i m U Q Z J U i i 0 LL,z Q W W > Q g � a tL LL a co O z U LL z a= z o Q Z O ¢ O a N_ U = O -' Z ti z Q U U U U� Y Y Y Y Y Y Y Y Y Y z° L z= rn U Z� U � O C7 C7 C7 o 4 W Z to O f ¢ a O m N W Z_ H UQ m m o w a J a o a o 0 0 o Y Y Y Y Y Y Y Y Y cfl LuCL wLO � a 00 z� _____ Y Y Y Y Y Y Y Y Y Y U i � Z O r Y K W � O C K Z _ O W o v d' � � � ca '[! :ii ui 1ii ui t19 ui � � CD h 00 O t 2 J U = Q' Z N H w n d � O C W U O C O O 3 0 0 u< U z = � 1A w w Q d < °o M COm � C° ti z O O � o X X� X M N M M M N� X M U a � M M M N O (W < z U a N w Y O Z U ~ O N W � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N d 5 z o C o z z �W J J J J J Y U � � a w w Z w N z i O C r WWU � N V) 'q to CD h00 N h Q Y D O O r N M�� CD h 00 O O N H ITEM NUMBER: 2 DATE: 10-7-08 ATTACHMENT 4: Arborist Report: Tree Protection Plan, TPM 2007-0092, 9125 San Rafael at!6 f 1 I• `fir CL Z l y Q Q Ih I J W n� 4 I_�•. 1 Pi= • ITEM NUMBER DATE: 10-7-08 ATTACHMENT 5: Proposed Mitigated Negative Declaration See Following ITEM NUMBER: 2 DATE: 10-7-08 ATTACHMENT 6: Draft Resolution PC 2008-0049 TPM 2007-0092, 9125 San Rafael DRAFT RESOLUTION NO. PC 2008-0049 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING TENTATIVE PARCEL MAP 2007-0092 (PLN 2007-1254), ESTABLISHING A SUBDIVITION OF ONE EXISTING RESIDENTIAL LOT INTO TWO PARCELS 9125 SAN RAFAEL ROAD (CVANCARA/ GEO-WEST) WHEREAS, an application was received from Jim and Bonnie Cvancara at 7501 E Greenbluff Rd., Colbort WA 99005 (Owners), and Geo -West Land Consultants at 5185 Traffic Way, Ste. B, Atascadero, CA 93422 (Contact) for a Tentative Parcel Map to establish a subdivision of an existing 3.07 acre lot into two (2) lots containing 1.03 acres and 2.04 acres (1.91 acres excluding the flag area) each; and, WHEREAS, the proposed project has a General Plan Designation of Single Family Residential, minimum lot size 1 acre (SFR -Y) and is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and, WHEREAS, the site is located in the Residential Single Family, minimum lot size 1 acre (RSF-Y) which allows for the proposed use and density when certain findings are made; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2008-0013 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Tentative Parcel Map application on October 7, 2008, at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public. NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Certification of Negative Declaration. The Planning Commission of the City of Atascadero, hereby certifies Mitigated Negative Declaration 2008-0013 based on the following findings: 1. The Negative Declaration has been completed in compliance with requirements of the California Environmental Quality Act; and, 2. The project does not have the potential to degrade the environment; and 3. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, ITEM NUMBER: 2 DATE: 10-7-08 4. The project does not have impacts which are individually limited, but cumulatively considerable; and, 5. The project will not cause substantial adverse effects on human beings either directly or indirectly. SECTION 2. Findings for approval of subdivision and flag lot design. The Planning Commission finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The 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. The proposed subdivision design and type of improvements proposed will not cause serious public health problems. 8. The proposed subdivision will be accomplished without detriment to the adjacent properties. 9. The installation of a standard street, either alone or in conjunction with neighboring properties is not feasible. 10. The flag lot is justified by topographical conditions. 11. The subdivision is consistent with the character of the immediate neighborhood. 12. The proposed accessway improvements meet the intent of the subdivision ordinance and are adequate for safe emergency vehicle access. SECTION 3. Approval. The Planning Commission does hereby approve Tentative Parcel Map 2007-0092 to establish a subdivision of an existing 3.07 acre lot into two (2) lots containing 1.03 acres and 2.04 acres gross (1.91 acres excluding the flag area), subject to the following Conditions and Exhibits: EXHIBIT A: Mitigated Negative Declaration EXHIBIT B: Conditions of Approval EXHIBIT C: Tentative Parcel Map 2007-0092 EXHIBIT D: Grading Plan ITEM NUMBER: 2 DATE: 10-7-08 On motion by Commissioner and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ADOPTED: ABSTAINED: CITY OF ATASCADERO, CA Roberta Fonzi Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary EXHIBIT A: Mitigated Negative Declaration 2008-0013 TPM 2007-0092 ITEM NUMBER: 2 DATE: 10-7-08 CITY O ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT FIECEItr tlu JULIE t. RODEWRLD C011NTy CLERK-RFc0RDER SEP i 8 C€}8 8Y 0matic Por ie� DEPUTY NOTICE OF INTENT TO ADOPT PROPOSED MITIGATED NEGATIVE DECLARATION NOTICE IS HEREBY GIVEN that the Environmental Coordinator of the City of Atascadero has completed a review of the following project and is proposing the following environmental determination: Owner/Applicant: Jim and Bonnie Cvancara, 7501 E. GreenbluffRd, Colbert WA 99005 Project Title; PLN 2007-1254 / TPM 2007-0092 2 -Lot Parcel Map Project Location, 9125 San Rafael Rd, Atascadero, CA 93422 (San Luis Obispo County) APN 056-162-039 Project The project consists of an application to subdivide an existing 3.07 gross acre lot into Description: two (2) lots. Parcel 1 is proposed at 1.03 (net and gross) acres and Parcel 2 is proposed as a flag lot consisting of 2.04 gross acres (1.91 net acres, excluding right-of-way and flag area.) Proposed Parcel 1 has a 7.32% average slope and is currently developed with a single-family residence, detached garage, and barn. Proposed Parcel 2 has average slope of 12.10% and is currently undeveloped. Both sites contain several native trees, including mostly Valley Oaks and Live Oaks. No Native trees are proposed for removal. A building envelope is included on Proposed Parcel 2 in order to Hour impacts to native trees and limit grading near the swale towards the rear of the property. The subject site is within a sewer service area. General Plan Designation: SFA -Y Zoning District: RSF-Y Environmental Begins: September 18. 2008 Review Dates: Ends: October 7. 2008 Proposer! Based on the initial study prepared for the project. a Mitigated Negative Declaration is Environmental proposed. The proposed Mitigated Negative Declaration is available for public review Determination. from 9/18108 through 1017/08 at 6907 El Camino Real, Community Development Department from 8:00 a.m. to 5:00 p.m., Monday through Friday. Any interested person may review the cenif:ed Mitigated Negative Declaration and prosect files. Questions should be directed to Collie 7'avtor, Associate planner at 470-3448. Warren Frace, Community Development Director fate ?PN N"lft\RY 1"I -I-9101- R D ppr99,p.-L- 6907 EL CAMINO REAL- ATA5CADERO, CA 93422 - (805) 461-5000 • FAX 461-7412 ITEM NUMBER DATE: 10-7-08 EXHIBIT B: Conditions of Approval / Mitigation Monitoring TPM 2007-0092 Conditions Of Approval Timing Responsibility Mitigation /Monitoring Measure TPM 2007-0092 PS: Planning Services BL: Business License BS: Building Services Address: 9125 San Rafael Rd. GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Standard Planning Conditions 1. The approval of this application shall become final, subject to the FM PS completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9- 1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Parcel Map shall be valid for two years FM PS after its effective date. At the end of the period, the approval shall expire and become null and void unless a final map has been recorded or 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 FM PS to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Parcel Map. 4. A parcel map drawn in substantial conformance with the approved FM PS tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 5. The subdivider shall defend, indemnify, and hold harmless the City Ongoing CA of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 6. The parcel map shall be subject to additional fees for park or FM PS recreation purposes (QUIMBY Act) as required by City Ordinance. Project Planning Conditions 7. Where the access flag shall be at least twenty feet wide. The FM/ BP PS paved area of the access flag shall comply with fire department standards for required paved width and shoulders at the time of building permit submittal. A minimum driveway width of twelve feet plus two foot shoulders shall be required, subject to current fire department standards at the time of building permit submittal. ITEM NUMBER DATE: 10-7-08 Conditions Of Approval Timing Responsibility Mitigation /Monitoring Measure TPM 2007-0092 PS: Planning Services BL: Business License BS: Building Services Address: 9125 San Rafael Rd. GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 8. During building permit review, all current fire department BP PS/FD requirements for fire hydrant locations, dry stand pipes, turn outs, and fire truck turn around areas shall be required to be shown on plans. The turn out and fire truck turn around areas shall be required to be installed within the building envelope or outside of native tree dripline. 9. Each lot shall have yards as required by the zoning regulations, FM PS including a five (5) foot setback along any accessway, whether easement or lot line. 10. The lot farthest from the street shall own the accessway in fee. FM PS Other lots using the accessway shall have an access and utility easement over it, unless otherwise approved by the advisory agency. 11. Lots utilizing the accessway of a flag lot will be required to enter BP PS into a road maintenance agreement to insure perpetual maintenance and repair of the accessway. 12. A reflectorized house number master sign shall be located at the BP PS intersection of the street and accessway and individual reflectorized address signs shall be placed on the right-hand side of the driveway to each individual lot 13. An additional map sheet shall be recorded with the final map to FM PS identify the building envelope approved with the Tentative Parcel Map. A note shall be recorded on the additional map sheet to clearly state that all future construction shall be limited to the building envelope. No structures or any additional grading (with the exception for the approved driveway) shall be permitted outside the building envelope. The driveway shall be constructed as shown on the approved Tentative Parcel Map. 14. All recommendations and tree protection measures, as outlined GP/FM BS/PS in the Tree Protection Report, prepared by A&T Arborists shall be implemented prior to and during all construction activity on the project site. 15. During construction of the driveways and structures, all utilities GP/BP PS/BS shall be located within roadways and driveways and outside the driplines of native trees. Mitigation Measures GP/BP PS 3.b.1 Mitigation Measure 3.b.1: The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust PM -10 as contained in sections 6.3, 6.4 and 6.5 of the ITEM NUMBER DATE: 10-7-08 Conditions Of Approval TPM 2007-0092 Address: 9125 San Rafael Rd. Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure April 2003 Air Quality Handbook. Section 6.3: Construction Equipment • Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). • Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity. management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: a. Reduce the amount of the disturbed area where possible. b. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. c. All dirt stockpile areas should be sprayed daily as needed. d. Permanent dust control measures identified in the approved project re -vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. e. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast -germinating native grass seed and watered until vegetation is established. f. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. g. All roadways, driveways, sidewalks, etc, to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. h. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. ITEM NUMBER DATE: 10-7-08 Conditions Of Approval Timing Responsibility Mitigation /Monitoring Measure TPM 2007-0092 PS: Planning Services BL: Business License BS: Building Services Address: 9125 San Rafael Rd. GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy i. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. j. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. k. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 3.b.2: Naturally Occurring Asbestos (NOA) has GP/BP PS 3.b.2 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 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. These 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. Mitigation Measure 3.b.3: The applicant shall comply with all rules, GP/BP PS/PW/BS 3.b.3 regulations and application procedures for any proposed burning of vegetative material on the project site. Mitigation Measure 3.b.4: The applicant shall comply with all BP PS/BS 31.4 requirements of the APCD regarding installation of Residential Wood Combustion devices. Under APCD Rule 504, only APCD approved wood burning devices can be installed in new dwelling units. Mitigation Measure 4.e.1: The Grading Plan/Tree Protection Plan BP/GP PS 4.e.1 shall identify tree protection fencing around the drip line of each existing on-site tree and/or native shrub mass within 20 feet of construction activity unless monitored and approved by a certified arborist. ITEM NUMBER DATE: 10-7-08 Conditions Of Approval TPM 2007-0092 Address: 9125 San Rafael Rd. Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Mitigation Measure 4.e.2: Excavation and grading work shall be BP/GP PS 4.e.2 consistent with the City of Atascadero Tree Ordinance and Guidelines. Special precautions when working around native trees include: ■ All existing trees outside of the limits of work shall remain. ■ Earthwork shall not exceed the limits of the project area. ■ Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. ■ Vehicles and stockpiled material shall be stored outside the dripline of all trees. ■ All trees within the area of work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. ■ Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. ■ No trees shall be removed prior to building permit issuance and payment to the tree fund or a replanting schedule has been confirmed. Mitigation Measure 4.e.3: The developer shall contract with a BP/GP PS 4.e.3 certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist. ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ All trenching or grading within the protected root zone area, ITEM NUMBER DATE: 10-7-08 Conditions Of Approval Timing Responsibility Mitigation /Monitoring Measure TPM 2007-0092 PS: Planning Services BL: Business License BS: Building Services Address: 9125 San Rafael Rd. GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a written verification shall be prepared by the project arborist certifying the following: ■ Tree protection plan was implemented, the trees designated for protection were protected during construction; and ■ All mitigation measures prescribed in the tree protection plan were adhered to during construction; and ■ No trees were significantly damaged by the construction activities; and ■ The construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 4.e.4: All tree removals shall be mitigated as BP/GP PS 4.e.4 prescribed by the Atascadero Native Tree Ordinance. The applicant shall either pay into the tree mitigation fund, or include replanting of native trees, or a combination of both prior to the removal of any trees on site. Mitigation Measure 4.e.5: All grading and site improvements shall BP/GP/Ongoi PS 4.e.5 be limited to the approved building envelope, with the exception for ng the driveway, which shall be located as shown on the tentative map. An additional map sheet shall be recorded with the Final Map to ensure that future owners are aware of limits of allowed disturbance. Mitigation Measure 5.b.1: Should any cultural resources be unearthed BP PS 5.b.1 during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. Mitigation Measure 5.d.2: In the event of the accidental discovery or BP/GP PS 5.d.2 recognition of any human remains, the following steps shall be taken: ■ There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of the county in which the remains are discovered has been contacted to determine that no investigation of the cause of death is required, and to determine if the remains are of Native American heritage. If the remains are of Native American Heritage, the coroner shall contact the Native American Heritage Commission within 24 hours. The City of Atascadero Police Department and the Atascadero Community Development Department shall be notified of any findings. ITEM NUMBER DATE: 10-7-08 Conditions Of Approval Timing Responsibility Mitigation /Monitoring Measure TPM 2007-0092 PS: Planning Services BL: Business License BS: Building Services Address: 9125 San Rafael Rd. GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Mitigation Measure 6.b.1: All cut and fill slopes shall be hydro BP BS/PS 6.b.1 seeded with an appropriate erosion control method (erosion control blanket, hydro -mulch, or straw mulch appropriately anchored) immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6.b.2: All disturbed areas, not shown on the BP BS/PS 6.b.2 project landscape plan for landscaping shall be hydro seeded with a native seed mix. Erosion control measures shall include an erosion control blanket for all 2:1 fill slopes. Affected areas that previously contained native shrubs and vegetation shall be replanted with similar plant species per the approved landscape plan. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked out on to public or private access drive by construction vehicles. Public Works Conditions 1. An engineer's estimate of probable cost shall be submitted for GP, BP CE review and approval by the City Engineer to determine the amount of the bond. 2. The Subdivision Improvement Agreement shall record FM CE concurrently with the Final Map. 3. A six (6) foot Public Utility Easement (PUE) shall be provided GP, BP CE contiguous to the property frontage. 4. The applicant shall acquire title interest in any off-site land that GP, BP CE may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 5. Slope easements shall be obtained by the applicant as GP, BP CE needed to accommodate cut or fill slopes. 6. Drainage easements shall be obtained by the applicant as GP, BP CE needed to accommodate both public and private drainage facilities. 7. A preliminary subdivision guarantee shall be submitted for FM CE review in conjunction with the processing of the parcel map. ITEM NUMBER DATE: 10-7-08 Conditions Of Approval Timing Responsibility Mitigation /Monitoring Measure TPM 2007-0092 PS: Planning Services BL: Business License BS: Building Services Address: 9125 San Rafael Rd. GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 8. The final parcel map shall be signed by the City Engineer prior FM CE to the map being placed on the agenda for City Council acceptance. 9. Prior to recording the parcel map, the applicant shall pay all FM CE outstanding plan check/inspection fees. 10. Prior to recording the parcel map, the applicant shall bond for FM CE or complete all improvements required by these conditions of approval. 11. Prior to recording the parcel map, the applicant shall submit a FM CE copy of a valid tax bond. 12. Prior to recording the parcel map, the applicant shall bond for FM CE or set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 13. Prior to recording the parcel map, the applicant shall submit a FM CE map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 14. All existing and proposed utility, pipeline, open space, or other FM CE easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 15. Prior to recording the parcel map, the applicant shall have the FM CE map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 16. Prior to the issuance of building permits the applicant shall GP, BP CE submit calculations to support the design of any structures or pipes. Closed conduits shall be designed to convey the 10 - year flow with gravity flow, the 25 -year flow with head, and provide safe conveyance for the 100 -year overflow. ITEM NUMBER DATE: 10-7-08 Conditions Of Approval Timing Responsibility Mitigation /Monitoring Measure TPM 2007-0092 PS: Planning Services BL: Business License BS: Building Services Address: 9125 San Rafael Rd. GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 17. Prior to the issuance of building permits the applicant shall GP, BP CE provide for the detention and metering out of developed storm runoff so that it is equal to or less than undeveloped storm runoff. 18. Drainage basins shall be designed to desilt, detain and meter GP, BP CE storm flows as well as release them to natural runoff locations. 19. Prior to the issuance of building permits the applicant shall GP, BP CE show the method of dispersal at all pipe outlets. Include specifications for size & type. 20. Prior to the issuance of building permits the applicant shall GP, BP CE show method of conduct to approved off-site drainage facilities. 21. Concentrated drainage from off-site areas shall be conveyed GP, BP CE across the project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement cannot be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. 22. All public improvements shall be constructed in conformance GP, BP CE with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer 23. Off-site streets shall be improved consistent with the tentative GP, BP CE parcel map. 24. All utilities shall be undergrounded on project frontage GP, BP CE 25. Applicant shall pay sewer extension (Annexation), Connection BP CE and Reimbursement fees (if applicable) upon issuance of building permit. 26. Drainage piping serving fixtures which have flood level rims BP CE located below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve. EXHIBIT C: Tentative Parcel Map 2007-0092 AT 06-0205 ITEM NUMBER: 2 DATE: 10-7-08 ITEM NUMBER: 2 DATE: 10-7-08 EXHIBIT D: Grading Plan; TPM 2007-0092 I z 9 fit`` � \ U I I 8 ! e g s 1 2 s 0 R s+ d I � I I t� I < o __moi . piss .•� w I O =t < I I a gl 47 �z t � I Lu -.4 �' I CL f s, r • C 8 ! e g s 1 2 s 0 R s+ d ITEM NUMBER: 3 DATE: 10-7-08 Atascadero Planning Commission Staff Report - Community Development Department Callie Taylor, Associate Planner, 470-3448, ctaylor@atascadero.org PLN 2008-1296, CUP 2008-0230 4185 Del Rio Road Oversized Accessory Structure -As Built (Matts) SUBJECT: The proposed project consists of a Conditional Use Permit to allow a 1,688 sq. ft. accessory structure which exceeds 50% of the size of the main residence. RECOMMENDATION: Staff Recommends: Adopt Resolution PC 2008-0050 approving Conditional Use Permit 2008-0230 (PLN 2008-1296) based on findings and subject to Conditions of Approval. SITUATION AND FACTS: 1. Owner/ Applicant: Bryan Matts 4185 Del Rio Road, Atascadero, CA 93422 2. Project Address: 4185 Del Rio Road, Atascadero, CA 93422 (San Luis Obispo County) APN 049-073-032 3. General Plan Designation: Suburban Estate 4. Zoning District: Residential Suburban 5. Site Area: 0.93 acres 6. Existing Use: Single -Family Residence 7. Environmental Status: Exempt per CEQA Section 15303: New Construction or Conversion of Small Structures DISCUSSION: Background Project Site 96s �4 P Surrounding Land Use and Setting: North: Single Family Residential -Y South: Residential Suburban East: Residential Suburban West: Residential Suburban The project is located within the Residential Suburban zone. The project site is 0.93 acres and is currently developed with a 1,244 sq. ft. single-family residence and a detached accessory structure with an attached second unit. In March of 2008, a stop work order was issued at 4185 Del Rio for work being on a remodel on the main house and work on the septic system without permits. The property owner complied with the instructions of the stop work order and submitted a building permit at the City. During plan check review, staff discovered some discrepancies with the detached structure located at the rear of the property. The site plan which was submitted showed a 1088 square foot detached garage at the back of the lot, connected to a 600 square foot second unit. Staff located records showing that a building permit was issued for the 1088 square foot detached garage. However, permits were never obtained for 600 square foot second unit which was added on to the detached garage. Since the property is less than one acre net area and is on septic (no sewer available) a second unit can not be permitted. In order to obtain a permit for the area that was built without a permit, the structure must be converted to a garage or shop. All kitchen, heating, and air conditioning amenities must be removed from the structure. ANALYSIS: The Atascadero Municipal Code limits the size of accessory structures to 50% of the size of the main residence. Section 9-6.106 of the Municipal Code allows detached accessory structures that exceed the 50% size requirement with the approval of a Minor Conditional Use Permit. 9-6.106 Residential accessory uses. "Floor Area. The gross floor area of a detached accessory structure is not to exceed fifty percent (50%) of the gross floor area of the principal structure." "Detached accessory structures that exceed size requirements are subject to the approval of a minor conditional use permit. " The main residence on the property is 1,244 square feet, and therefore a Conditional Use Permit approval is required in order to permit any accessory structure over 622 square feet. The permitted portion of the garage is 1088 sq. ft. and the unpermitted second unit portion is 600 sq. ft. Therefore, when the second unit is converted to garage space, it will create one structure with a total square footage of 1,688 square feet. A door between the existing garage and the converted shop area will provide a connection between the two structures, creating one single accessory structure. With Planning Commission approval of the additional size, the property owner would be allowed to submit for a permit to legalize the unpermitted portion for the structure and convert this area from a second unit to unconditioned shop space. SER CLEl. FRONT ELEV. No arborist report is necessary with the project proposal, as there will be no new construction outside of the existing building footprints. No trees will be impacted or removed during the conversion. Findings Conditional Use Permit A Conditional Use Permit is required for granting of the requested additional square footage for the detached garage structure. The Planning Commission must make the following findings to approve the oversized garage. If the Commission chooses to deny the project, site specific findings for denial must be sited. 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The use is consistent with the Suburban Estate designation of the General Plan and the Appearance Review Manual. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). Staff Comment: As conditioned, the project satisfies all zoning code provisions related to single-family development with Planning Commission approval of the size exception. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment: The proposed development will not be detrimental to the general public or working persons health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The project is consistent with the surrounding neighborhood uses and development on sloped sites. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: The proposed project and use is consistent with the traffic projections and road improvements anticipated within the General Plan. Based on staff's analysis in the preceding sections, it appears that all of the required findings for approval of a Conditional Use Permit can be made. Proposed Environmental Determination The proposed project qualifies as Exempt per CEQA Section 15303. A Class 3 Categorical Exemption exempts new construction or conversion of small structures, including garages. Conclusion The proposed project consists of a Conditional Use Permit to allow an oversized garage which was previously constructed without a permit. The main residence on the property is 1,244 square feet, and therefore Planning Commission approval is required in order to permit the proposed 1,688 square foot detached garage because it exceeds 50% of the size of the main residence. As described in the preceding sections, the project appears to meet all of the requirements for Planning Commission approval. ALTERNATIVES: 1. The Commission may modify the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The Commission should specify the reasons for denial of the project and recommend an associated finding with such action. ATTACHMENTS: Attachment 1: Location Map, General Plan and Zoning Attachment 2: Location Aerial Attachment 3: Categorical Exemption Attachment 4: Draft Resolution PC 2008-0050 Attachment 1: Location Map, General Plan and Zoning Project Site 4185 Del Rio Road General Plan Designation: Suburban Estate Zoning District: Residential Suburban ATTACHMENT 2: Location Aerial 1 . f t -r 0C% ATTACHMENT 3: Categorical Exemption CVSI�'RU' CITY OFATASCADER0 NOTICE OF EXEMPTION 6907 El Camino Real Atascadero, CA 93422 805.461.5000 TO: ® File Date Received for Filing FROM: City of Atascadero Community Development Department 6907 El Camino Real Atascadero, CA 93422 SUBJECT- Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code Proiect Title CUP 2008-02301 PLN 2008-129; 0 VERSIZED GARAGRE Prosect Location (Include County) 4185 Del Rio Roars, Atascadero, CA 93422 (San Luis Obispo County) Proiect Desolation Mirror Conditional Use permit for a garage which exceeds 50% of the size of the main residence. "remain residence is 1,244 sq f}. and the new garage is proposed at 1,688 sq. ft. Section 9-6.146 of the Municipal Code allows detached accessory structures that exceed size requirements subject to the approval of a Minor Conditional Use Permit, Name of Public Agency Approving Proiect City of Atascadero Name of Person or Agency Carrying Out Project Bryan Mans, 4185 Del Rio Road, Atascadero, CA 93422 Exempt Status: © Ministerial (Sec. 21080 (b)(1); 15268) Declared Emergency (Sec. 21080(b)(3); 15269(a)) �] Emergency Project (See.21080 (b)(4); 15269(b)(c)) Categorical Exemption (Sec. 15303, New Construction or Conversion of Small Structures) Reasons why project is exempt: Class 3 of the California Environmental Quality Act (CEQA) (Section 15303, New Construction or Conversion of Small Structures) exempts construction and location of limited numbers of new, small facilities or structures, including accessory structures such as garages and carports.. Date: October 7, 2008 114 'J' Callie Taylor Associate Planner ATTACHMENT 4: Draft Resolution PC 2008-0050 DRAFT RESOLUTION PC 2008-0050 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2008-1296/ CONDITIONAL USE PERMIT 2008-0230 ON APN 049-073-032 4185 Del Rio Road (Matts) WHEREAS, an application has been received from Bryan Matts, 4185 Del Rio Road, Atascadero, CA 93422, (Applicant and Property Owner) to consider a project consisting of a Conditional Use Permit for an oversized detached garage; and, WHEREAS, the site's General Plan Designation is SE (Suburban Estate); and, WHEREAS, the site's current zoning district is RS (Residential Suburban); and, WHEREAS, a Conditional Use Permit is required to allow an accessory structure larger than 50% of the primary structure's square footage; and, WHEREAS, the proposed project qualifies for an Categorical exemption consistent with CEQA section 15303 New Construction or Conversion of Small Structures; 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 entitlements; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on October 7, 2008, studied and considered Conditional Use Permit 2008- 0230; and, NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as follows: 1. The proposed project has been found Categorically Exempt under Class 3, Section 15303 of the California Environmental Quality Act. SECTION 2. Findings for approval of oversized garage. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on October 7, 2008, resolved to approve Conditional Use Permit 2008-0230 to, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT C: Floor Plan EXHIBIT D: Elevations & Sections On motion by Commissioner , and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA Roberta Fonzi Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program (CUP 2008-0230) Conditions of Approval / Timing Responsibility Mitigation Monitoring Program /Monitoring PS: Planning Services BL: Business License BS: Building Services 4185 Del Rio Road GP: Grading Permit FD: Fire Department PLN 2008-1296/CUP 2008-0230 BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney Planning Services 1. This Conditional Use Permit shall be for an oversized garage located on BP PS parcel 049-073-032 regardless of owner. 2. The approval of this use permit shall become final and effective for the BP PS purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority to BP PS, CE approve the following minor changes to the project that (1) modify the site plan project by less than 10%, and/or (2) result in a superior site design or appearance. 4. Approval of this Conditional Use Permit shall be valid for twelve (12) months BP 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. 5. The applicant and/or subsequent owners shall defend, indemnify, and hold On going PS harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the proposed development. 6. A building permit shall be obtained to permit the 600 sq. ft. space attached to BP PS the 1088 sq. ft. garage. The second unit shall be converted to unconditioned shop or garage space. The heating and air conditioning units shall be removed. The kitchen shall be removed, including the range/over, refrigerator. A utility sink may be provided. 7. The bathroom in the shop area may be allowed to remain with a sink, toilet, BP PS and utility shower only. No bathtub shall be permitted. A deed restriction shall record prior to building permit issuance to clearly note that the shop is not a second unit and shall not be used as a dwelling unit unless the property standards can be met and permits obtained. EXHIBIT B: Site Plan bEL RIO RQgfl F c 4 T i� cMSi'bt2, , D46 bii'VFIYAY 13-1 TANK � • �4'AY "6 �oat� r. ^ee Fx T&t6 D bM%V 4AY EXTS-' 8' D66 AY t SEMAiE EXL5rb Ion f.ft, 6 RA6F JQST'6ECC0 F5.943 SH? P.f.lOO" AN APtW4i 70{/32 .74 A(. EXHIBIT C: Floor Plan EXHIBIT D: Elevations & Sections . . • i � f �