Loading...
HomeMy WebLinkAboutPC_2007-04-03_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, April 3, 2007 — 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson O'Keefe Vice Chairperson Fonzi Commissioner Jack Commissioner O'Grady Commissioner Slane Commissioner Marks Commissioner Heatherington CHAIRPERSON WILL READ THE DECORUM GUIDELINES PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, tentative subdivision maps, parcel maps, variances, conditional use permits, and planned development permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda) City of Atascadero Planning Commission Agenda CONSENT CALENDAR Regular Meeting April 3, 2007 Page 2 of 6 (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 MARCH 19, 2007. COMMUNITY DEVELOPMENT STAFF REPORTS 2. PLN 2099-0183, TREE REMOVAL PERMIT 2006-0094 FOR 5105 & 5305 CHAUPLIN LANE Applicant: Don Messer, P O Box 1958, Atascadero, CA 93423 Owners: Burt Polin, 147 Los Cerros Drive, SLO, CA 93405 Michael Finch, 6445 N. Palm Ave. #101, Fresno, CA 93704 Project Title: Tree Removal Permit 2006-0094 Precise Plan 2005-0172, 2 Single -Family Residences on slopes greater than 10% Project 5105 & 5305 Chauplin Lane, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 030-311-005, 030-311-002 Project The project consists of an application to construct 2 single-family houses on 2 existing lots of record. Description: Both of the residences each total 1,928 sq. ft. with a 744 sq. ft. garage and a 120 sq. ft. deck. The proposed project will require approx. 1,300 cubic yards of cut and approximately 700 cubic yards of fill on moderate to steep slopes and will incorporate retaining walls. Approximately 62 native trees are proposed for removal and the residences will gain access through a shared driveway from Chauplin Lane. This is a revised proposed Mitigated Negative Declaration and replaces the document previously posed on June 5, 2006. General Plan Designation: SFR -Z Zoning District: RSF-Z Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The Environmental proposed Mitigated Negative Declaration is available for public review at 6907 El Camino Real, Determination: Community Development Department from 8:00 a.m. to 5:00 p.m., Monday through Friday. City of Atascadero Planning Commission Agenda Regular Meeting April 3, 2007 Page 3 of 6 3. APPROVAL OF TIME EXTENSION ON TENTATIVE PARCEL MAP 2002-0028, 9230, 9550 VISTA BONITA (MICHAEL FREDERICK), PLN 2099-1094 Owner: Michael Frederick, P O Box 573, Atascadero, CA 93423 Project Title: Time Extension on TPM 2002-0028 Project 9230, 9550 Vista Bonita (top of Chalk Mountain), Atascadero, CA 93422 Location: (San Luis Obispo County) APN 030-441-013, 014, 015 Project The project consists of an application for a one-year time extension of a tentative 2 -lot parcel map. Description: General Plan Designation: SFR -Z (1.5 to 2.5 acre minimum) Description: Zoning District: RSF-Z (1.5 to 2.5 acre minimum) Proposed Categorical exemption. Environmental would replace the interim creek setbacks. The updates are intended to establish a 35 foot setback Determination: along Atascadero Creek, Graves Creek, and Boulder Creek reservations, a fifty foot setback along PUBLIC HEARINGS (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name and address for the record and can address the Commission for five minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 4. CITYWIDE CREEK SETBACK ZONING ORDINANCE AND GENERAL PLAN AMENDMENT, PLN -2006-1139 Applicant: City of Atascadero, 6907 El Camino Real, Atascadero, CA 93422, Phone: 461-5000 Project Title: Zone Change 2006-0125, General Plan Amendment 2006-0017, PLN 2006-1139 Creek Setback Zoning Ordinance and General Plan Amendment Project Citywide Location: Project The project consists of a proposed Creek Setback Ordinance to be included in Chapter 4, Site Description: Development Standards of Title 9, Planning and Zoning Ordinance, in the Atascadero Municipal Code. Following General Plan Policy 8.2, revisions to the General Plan are proposed which would replace the interim creek setbacks. The updates are intended to establish a 35 foot setback along Atascadero Creek, Graves Creek, and Boulder Creek reservations, a fifty foot setback along the Salinas River, and a twenty foot setback along all other blue line creeks, wetlands, and significant drainage courses. The Planning Commission would be able to approve exceptions to the creek setbacks in the form of a Minor Conditional Use Permit with a biologist and a geomorphologist report if the project can meet the required findings to show that the creek and surrounding habitat will not be significantly affected. Proposed Based on the initial study prepared for the project, a Negative Declaration is proposed. The proposed Environmental Negative Declaration is available for public review at 6907 El Camino Real, Community Determination: Development Department from 8:00 a.m. to 5:00 p.m., Monday through Friday. City of Atascadero Planning Commission Agenda Regular Meeting April 3, 2007 Page 4 of 6 5. PLN 2006-1181 AND PLN -2099-0313, 9700 EL CAMINO REAL Owners/ Ted Jacobsen, 8055 Cristobal, Atascadero, CA 93422 Applicants: JP Patel, 3600 El Camino Real, Atascadero, CA 93422 Project Title: PLN -2099-0313, Conditional Use Permit 2004-0137 Amendment Project PLN -2006-0130, Zone Change 2006-0130 Project 9700 El Camino Real, Atascadero, Ca. 93422 Location: APN 056-081-032 Project The proposed project consists of an application for a Conditional Use Permit for a commercial Description: development located on 1.7 acres within the Commercial Tourist Zone and a Zone Text Amendment to the conditionally allowed uses within the Commercial Tourist Zone to allow health care services/medical offices. Two building pads are proposed for the site. Building 1, a 15,000 square -foot office building is currently under construction. This building is currently proposed to house the medical offices. Building 2 is proposed to be an 80 room hotel totaling 51,740 square - feet. Four native oak trees are proposed for removal. Mitigated Negative Declaration 2005-0022 was previously certified for the construction of the office building. This document shall analyze all existing and new impacts due to the proposed Proposed amendments and shall supersede the previously certified document. Environmental General Plan Designation: General Commercial (GC) Determination: Zoning District: Commercial Tourist (CT) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. Environmental The proposed Mitigated Negative Declaration is available for public review at 6907 EI Camino Determination: Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. 6. TO BE CONTINUED TO APRIL 17, 2007 PLN 2006-1117, PALMA AVENUE, ROSARIO AVE. AND RIDGEWAY COURT Owners/ Jim and Adrienne Beck, 5825 Ridgeway Court, Atascadero, CA 93422 Applicants: Gary and Mary Tharp, 12250 San Antonio Road, Atascadero, CA 93422 Project Title: PLN 2006-1117: CUP 2006-0184, TTM 2006-0089, ZCH 2006-0121 Project Palma Avenue, Rosario Avenue, Ridgeway Court Location: (San Luis Obispo County) APNs 029-322-022, 023, 024 Project The proposed project consists of an application for construction of 7 single family detached homes Description: on individual lots that will be developed under the requirements of a Planned Development -29 Overlay within the RMF -10 Zoning District. One existing home, designated as an Atascadero Colony Home is proposed to remain. Proposed homes range in size from 1500 square feet to 2300 square feet. Lot sizes range from 3155 square feet to 22,407 square feet. The project includes one home per lot, each two stories tall and with either a porch or a deck. Eight native trees are proposed for removal; 4 toyons, 2 Live Oaks, and 2 Valley Oak trees. The project will take access from Palma, Rosario, and Ridgeway Court. General Plan Designation: Medium Density Residential (MDR) Zoning District: Residential Multi -Family -10 (RMF -10) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. Environmental The proposed Mitigated Negative Declaration is available for public review at 6907 El Camino Determination: Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. City of Atascadero Planning Commission Agenda Regular Meeting April 3, 2007 Page 5 of 6 COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on April 17, 2007 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 April 3, 2007 Page 6 of 6 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 5 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: 4-3-07 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Monday, March 19, 2007 — 7:00 P.M. Chairperson O'Keefe called the meeting to order at 7:00 p.m. and Commissioner Slane led the Pledge of Allegiance. Rr)l I rAl I Present: Commissioners Heatherington, Jack, Marks, O'Grady, Slane, Fonzi, and Chairperson O'Keefe Absent: None Others Present: Recording Secretary Grace Pucci Staff Present: Community Development Director Warren Frace, Public Works Director Steve Kahn, Deputy Community Development Director Steve McHarris and Assistant Planner Callie Taylor. PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA MOTION: By Vice Chairperson Fonzi and seconded by Commissioner Jack to approve the agenda. Motion passed 7:0 by a roll -call vote. PC Draft Minutes 03/19/07 Page 1 of 7 DISCLOSURE OF EX PARTE COMMUNICATIONS None PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON MARCH 6, 2007. MOTION: By Commissioner Jack and seconded by Vice Chairperson Fonzi to approve Item #1. Motion passed 7:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS 2. CONDITIONAL USE PERMIT 2006-0196/PLN 2006-1151, 8905 MONTECITO Applicant: Tastee Freez, John Sidders, 1209 Hanover Place, San Luis Obispo, CA 93401 Owner: Morro Road Homes, LLC, Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422 Project Title: Conditional Use Permit 2006- 0196 / PLN 2006-1151 Project 8905 Montecito Road, Atascadero, CA 93422 Location: APN 056-071-010 Project The proposed project consists of an application for a Conditional Use Permit for a drive-through Description: restaurant located on 0.52 acres within the Commercial Tourist Zone. The site was recently approved for a three lot split with a similar site plan proposed for a commercial center with shared parking and shared storm water detention facilities (PLN 2006-1121.) The only addition since the map approval is the addition of the drive thru. The project takes access off Montecito Avenue. The proposal includes a main dining building and a drive-through facility along the East Front Road. The site is currently vacant. General Plan Designation: General Commercial (GC) Zoning District: Commercial Tourist (CT) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The Environmental proposed Mitigated Negative Declaration is available for public review at 6907 El Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Determination: PC Draft Minutes 03/19/07 Page 2 of 7 Assistant Planner Callie Taylor and Deputy Community Development Director Steve McHarris gave the Staff Report and answered questions of the Commission. Commissioner Marks expressed concern with the drive through, as former Mayor O'Malley had signed the Mayors Climate Protection Agreement. He would like to hear from the Air Quality Control Board (APCD) regarding the drive through portion of this project. PUBLIC COMMENT John Sidders, applicant for Tastee Freez, answered questions of the Commission. Mr. Sidders reviewed the design plans for the building and stated they are willing to make modifications to their design to meet the goals and needs of the Planning Department with the exception of the red awnings, as they are important to the brand. Chairperson O'Keefe closed the Public Comment period. Commissioner Comments Commissioner O'Grady: 1. Would like to see something in line with what the staff wants, and supports their recommendation for a continuance. 2. Would like the building colors toned down to be more sensitive to neighboring businesses. 3. Would like more information regarding air quality issues and the drive through. 4. Likes the idea of exterior tables, but is uncertain about shared parking and would like to know about the contractual arrangements for the parking lot. 5. Would like to see the large broken sign on the lot removed as it is a hazard. 6. Signage should comply with city ordinances, with reasonable exceptions if needed. 7. There is a lot of light pollution from this project. He would like to know what the lumens are for the sign and business. Commissioner Jack: 1. Important to tone the colors down and make a more compatible architectural look to the building itself. 2. Parking is a concern because of seating for 70 inside the restaurant; however evening parking shouldn't be a problem as other businesses in the center will be closed. 3. The 150 square foot sign is too big; a smaller sign would still be visible. Vice Chairperson Fonzi: 1. The colors as proposed would be an anomaly for Atascadero. 2. It would be to the applicant's advantage to have patio dining and she would like to see more if possible. PC Draft Minutes 03/19/07 Page 3 of 7 3. Believes there is more than enough parking, but would like to see a safe way for pedestrians and especially children to walk across the lot. 4. Would like to see a bike rack. 5. Though she shares the concern for the drive through in terms of pollution, it is not fair to require the APCD assessment of the drive through as the applicant has followed the rules in place at this time. 6. No problem with the signs on the building because of its location/configuration, however the freeway sign is excessive and she would like it to be 100 square feet rather than 150. 7. Likes the idea of making some of the sign opaque. Commissioner Slane: 1. The original colors were bright for this community, but with the color toned down the signage as proposed is adequate. 2. Should meet the applicants need to allow the 30 inch width and 150 square foot for the pole sign because they have been willing to tone down their color scheme, which is a signature of their business. 3. The LED lighting is unique to the business and should not be counted against the signage. 4. Shared parking is okay. Commissioner Marks: 1. Building color needs to be toned down. 2. Improvements in architectural appeal are warranted. 3. Flag test is a good idea. 4. 150 square foot sign concerns him. 5. Would like to have the APCD's assessment for idling engines and walkable communities. Commissioner Heatherington: 1. Concerned with the possibility that children will be trying out bikes from K -Man Cyclery in the parking lots. 2. Must pay attention to the mix of traffic, children and people on bikes. 3. The signage is large and she would like to see something smaller. 4. Would like to see the cooking oils retained for bio -diesel use. 5. APCD element is important with many people and children on site. Chairperson O'Keefe: 1. The roof detail is important because it is looked down on as people drive by. 2. An architectural theme has been established in the center and therefore she supports staff's recommendations that this building tie in. Signage is more important than the architecture to identify the business. 3. No problem with the 30 inch width for the standing sign. 4. The signage should be what is required; 150 feet is a lot. This is a high profile area so the sign will stand out. Signage requirements should be adhered to. 5. Doesn't think there will be a parking problem. PC Draft Minutes 03/19/07 Page 4 of 7 6. Regarding the LED lights and recessed channel, she would like to see the light pollution at the Carlton before she weighs in on that. 7. The awnings need to tie in with those on the existing buildings, as it is important to tie the project together MOTION: By Vice Chairperson Fonzi and seconded by Commissioner Marks to continue the item, to April 17th Motion passed 7:0 by a roll -call vote. 3. THIS ITEM HAS BEEN CONTINUED UNTIL APRIL 3, 2007 PRECISE PLAN 2005-0172, TREE REMOVAL PERMIT 2006-0094 FOR 5105 & 5305 CHAUPLIN LANE Applicant: Don Messer, P O Box 1958, Atascadero, CA 93423 Owners: Burt Polin, 147 Los Cerros Drive, SLO, CA 93405 Michael Finch, 6445 N. Palm Ave. #101, Fresno, CA 93704 Project Title: Precise Plan 2005-0172, 2 Single -Family Residences on slopes greater than 10% Tree Removal Permit 2006-0094 Project 5105 & 5305 Chauplin Lane, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 030-311-005, 030-311-002 Project The project consists of an application to construct 2 single-family houses on 2 existing lots of record. Description: Both of the residences each total 1,928 sq. ft. with a 744 sq. ft. garage and a 120 sq. ft. deck. The proposed project will require approx. 1,300 cubic yards of cut and approximately 700 cubic yards of fill on moderate to steep slopes and will incorporate retaining walls. Approximately 62 native trees are proposed for removal and the residences will gain access through a shared driveway from Chauplin Lane. This is a revised proposed Mitigated Negative Declaration and replaces the document previously posed on June 5, 2006. General Plan Designation: SFR -Z Zoning District: RSF-Z Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The Environmental proposed Mitigated Negative Declaration is available for public review at 6907 El Camino Real, Determination: Community Development Department from 8:00 a.m. to 5:00 p.m., Monday through Friday. COMMISSIONER COMMENTS AND REPORTS Commissioner O'Grady asked for on update on the status of the Balboa emergency escape route. PC Draft Minutes 03/19/07 Page 5 of 7 Community Development Director Warren Frace stated staff is collaborating with the Fire Chief, Police Chief and Public Works Director on the report, which should be on one of the April agendas. Vice Chairperson Fonzi suggested addressing the issue of drive through's at a future meeting. Director Frace indicated the issue would be agendized for further discussion. Chairperson O'Keefe reported that the City Council will be taking action to put the motorcycle issue back on their agenda. Chairperson O'Keefe spoke about the importance of making decisions that comply with City Ordinances, the General Plan and its provisions. She indicated that when an applicant comes in and complies with the City's regulations and works with staff she will approve a project even if she doesn't like it, because the City Council has established the provisions, which the Commission must follow. Chairperson O'Keefe read from the guidelines for decorum that Mayor Luna recites at the beginning of Council meetings and asked if the Commission thinks she should also read it prior to their meetings. There was Commission consensus for the Chairperson to read the decorum guidelines prior to their meetings. DIRECTOR'S REPORT Community Development Director Warren Frace gave an update on the Planning Commissioner Conference, and Deputy Community Development Director Steve McHarris recommended specific sessions that would be good for Commissioners to attend. Director Frace reported that the City Attorney has scheduled Brown Act training for April 25th, 6:00 p.m., that there will be a Study Session with the City Council on March 27th regarding the Eagle Creek Golf Course project, and reviewed the next Planning Commission agenda. Regarding the motorcycle issue, he reported Council gave staff direction to bring a formal ordinance forward for the Planning Commission to consider. ADJOURNMENT Chairperson O'Keefe adjourned the meeting at 9:06 p.m. to the next regularly scheduled meeting of the Planning Commission on April 3, 2007. PC Draft Minutes 03/19/07 Page 6 of 7 MINUTES PREPARED BY: Grace Pucci, Recording Secretary \\Cityhall\cdvlpmnt\— PC Minutes\PC Minutes 07\PC Draft Minutes 03-19-07.doc PC Draft Minutes 03/19/07 Page 7 of 7 ITEM NUMBER: 2 DATE: 4-3-07 Atascadero Planning Commission Staff Report - Community Development Department Tree Removal Permit TRP 2006-0094 5105 & 5305 Chauplin Lane Messer/Polin/Finch (030-311-005 & 030-311-002) SUBJECT: A request to remove sixty-two (62) existing native trees totaling 855 inches dbh for the construction of two single-family residence and a shared driveway. RECOMMENDATION: 6101800WRITI, =_1 on The Planning Commission adopt Resolution PC 2007-0023 to approve the request to remove sixty-two (62) native oak trees subject to the guidelines and mitigation required by the Atascadero Municipal Code and Native Tree Ordinance. SITUATION AND FACTS: 1. Applicant Don Messer Construction, P.O. Box 1958, Atascadero, CA 93423 Owners: Burt Polin, 147 Los Ceritos Road, San Luis Obispo, CA 93405 J. Michael Finch, 6445 No Palm Ave. #101 Fresno, CA 93704 2. Certified Arborist: Henry Curtis, Consulting Arborist, 5456 Bolsa, Atascadero 3. Project Address: 5105 & 5305 Chauplin Lane, Atascadero, CA 93422 APN: 030-311-002 & 030-311-005 4. General Plan Designation: Single Family Residential (SFR -Z) 5. Zoning District: Residential Single Family (RSF-Z) ITEM NUMBER: 2 DATE: 4-3-07 6. Site Area: 4.042 Acres 7. Existing Use: Vacant Land 8. Environmental Status: Proposed Mitigated Negative Declaration 2006-0020 BACKGROUND: The project is a request for native tree removal on two (2) existing lots of record. The lots were originally created with the original 1913 Atascadero Colony Map and are moderately to steeply sloping with heavy tree cover. A large drainage swale fronts the property and runs along Chauplin Lane. The applicant has applied for Precise Plan approval which includes a Mitigated Negative Declaration. Two lots will have a shared driveway from Chauplin and a three bedroom two bath house will be built on each lot. ANALYSIS: The applicant has discussed alternative designs with staff for this property, which included developing the lots with individual access driveways. It was determined that individual access to the lots would result in greater impacts to the drainage swale, native vegetation, and wildlife corridors. The possibility of moving the houses down the hill and closer to the road was explored by dropped due to the impacts to the drainage course. NATIVE TREES REMOVALS The project is proposing the removal of forty blue oak and twenty-two live oak trees are proposed for removal totaling 855 inches dbh (669 inches of evergreen Live Oak trees and 186 inches of deciduous Blue Oak trees). Another seventy-four trees will be impacted. Impacts range from 5% to 40% of the protected drip line zone. Tree protection fencing will be installed, and City Staff requires a preconstruction meeting between the project applicant, arborist, and site grading contractor. The project arborist will be required to be present when grading is being done within the drip line of the oak trees to ensure that all roots are carefully dug, clean cut, and sealed properly. MITIGATION As mitigation for tree removal and environmental impacts, Staff is recommending that portions of the property will be placed in tree preservation/conservation and wildlife corridor easements as shown on Exhibit C attached to the draft resolution. The applicant will be required to pay tree mitigation fees according to the Native Tree ITEM NUMBER: DATE: 4-3-07 Mitigation Table shown in Exhibit B attached to the draft resolution. Fee payment will be required prior to issuance of building permits, however the applicant may plant native trees after construction and receive a refund of a portion of the mitigation fees. FINDINGS: Pursuant to the Tree Ordinance (Ordinance No. 214), "...decisions on native tree removals of 24 -inch dbh-size or larger shall be made by the Planning Commission." In considering any Tree Removal Permit request, at least one of the findings must be made. Staff has identified finding (v) as appropriate for the application request: (v). Trees proposed for removal are obstructing proposed improvements that could not be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: • Early consultation with the City, • Consideration of practical design alternatives; • Provision of cost comparisons (from applicant) for practical design alternatives; • If saving tree eliminates all reasonable uses of the property; or • If saving the tree requires the removal of more desirable trees. ITEM NUMBER: 2 DATE: 4-3-07 ITEM NUMBER: 2 DATE: 4-3-07 LOf 14; CONCLUSION: The Planning Commission has final authority on the Tree Removal Permit. The Commission may require the applicant to replant native trees, pay mitigation fees or a combination of replanting and payment. ITEM NUMBER DATE: 4-3-07 ALTERNATIVES: 1. Refer back to staff for additional options & review. 2. Deny request. 3. Approve project with modifications. PREPARED BY: Kerry Margason, Associate Planner ATTACHMENTS: Attachment 1: Aerial Photo Attachment 2: Site Plan Attachment 3: Tree Protection Spreadsheets Attachment 4: Draft Resolution PC 2007-0023 Exhibit A: Conditions of Approval & Tree Fee Table Exhibit B: Tree Protection Plan & Tree Index Exhibit C: Tree Preservation/Conservation, Wildlife Corridor Easement Areas ITEM NUMBER DATE: 4-3-07 Attachment 1: Aerial Photo ITEM NUMBER: 2 DATE: 4-3-07 Attachment 2: Site Plan - Entire Site ! ii 1• ;�: 4i: OR Ilk It it T1 rl o Z C' i �� .• •�, ``�` � o a : 4 ( I 1 # VI SM UT& , GkV= ! DRAWCE PUN ERIC J. QOMiR 1 DOW MESSER CONSTRUCTION CIVIL ENOINEiMNO . q., �+- ,a .a, uaa •. awe aao�a - � � � Bass waoru+ K c �_. ._ iil ao�no ��•iii» nw - ITEM NUMBER: DATE: 4-3-07 Attachment 2: Site Plan - Lot 14 1 1 1 1 E 1 R1 $ bE SITE. UTIUTY. GRADING i DRAINAGE PUN ERIC J. DON MESSER CONSTRUCTION CIVIL ENGINGEERING p r ! wttEAu arraAoVENao-aii-pm �IJUE S11p VE `o � p p 1 � ' ATA3 AoiAR3CApEROS C523s/TY OFCN ATASCFN ADERO > « -Y« � Zy'�p�s.��p a�1 ;�'; ^"o ^• ITEM NUMBER: 2 DATE: 4-3-07 Attachment 2: Site Plan - Lot 15 a ^a�, t a t' w6. + _• - •: X01 b w Q rre B "i r Fall Its liyl! n, c • ' f �I �` � !t� . e h� Wit?` �y I6� I I I arE. cram. GIADM t DRAINAGE ]ff ERIC J. OOYLER OON YESSER CON57RUCTION CMl ENGINE RING �!P:•^4,I M1 �� c 2 9999 IN kf NOOt L 4e Y !! ua c uRu^ V 1 , C/7Y O! ATASG1OFR0 � w • � "� F'A y � ^ � Attachment 3: Tree Protection Spreadsheets ooaaoasmsaEWE i !-REF! n n! �= M I Lot 14 ITEM NUMBER: 2 DATE: 4-3-07 THE PROTECTION AN PRESERVATION PLAN. ,_zr TREE L moa Asa was Attachment 3: Tree Protection Spreadsheets TREE PROT CRW AN PROMAWN PLW: �•�-- TREE LEGFND.• ITEM NUMBER: 2 DATE: 4-3-07 eo��aoaooass ©e��aoao�as�s�s ©a��asae ©ems aoaoosss ©sY�a��a©a�r�ass ©saaoao©ass ©oY.�r��o©ao©as�ss oar.�aooao©ass ©saac�aooass ©saaoao©ass ©oaooeo©as® ©oaooaooas® ©a eo©ase ©a 0000ss 00 oo©oso ©o 000ave ©v ovoovo ©oo ovoovo ©oo oo©ovo ©ori oo©000 ©o�� 000000 ©oY ov©vvv ©o�A� 000000 ©r�oaoaoosas ©eoar�aooass ©eaasaooass ©eoasaooass ©emaoaooass ©soaoaoORES ©amaoao©ass ©soaoaovass ©soaoaYr�oass ©000000©o�se ©o��0000vose ©oYovovvooe ©a��aoovv000 ©oY0©000000 ©o�riovoo©oo ©OYOOOOOVO ITEM NUMBER DATE: 4-3-07 Attachment 5: Draft Resolution PC 2006-0065 DRAFT RESOLUTION PC 2007-0023 A RESOLUTION OF THE PLANNING COMMISSION OF ATASCADERO APPROVING A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL OF 62 NATIVE TREES LOCATED AT 5105 & 5305 CHAUPLIN LANE APN 030-311-002 & 030-311-005 (TRP 2006-0094) WHEREAS, an application for a Tree Removal Permit has been received from Don Messer Construction, P.O. Box 1958, Atascadero, CA 93423 (applicant) & Burt Polin, 147 Los Cerros, San Luis Obispo, CA 93405 (property owner) to allow the removal of 62 native trees located at 5105 & 5305 Chauplin Lane, APN 030-311-002 & 030-311-005, and, WHEREAS; Precise Plan and CEQA have been prepared; WHEREAS; site is steep and wooded with limited areas of development; WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on April 3, 2007 and considered testimony and reports from staff, the applicants, and the public; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of Tree Removal Permit. The Planning Commission finds as follows: 1. Trees proposed for removal are obstructing proposed improvements that could not be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: • Early consultation with the City; • Consideration of practical design alternatives; • Provision of cost comparisons (from applicant) for practical design alternatives; • If saving tree eliminates all reasonable uses of the property; or • If saving the tree requires the removal of more desirable trees: SECTION 2. Approval. The Planning Commission hereby approves Tree Removal Permit 2006-0094 subject to the following Conditions and Exhibits: ITEM NUMBER: 2 DATE: 4-3-07 Exhibit A: Conditions of Approval, Mitigation Measures Exhibit B: Tree Fee Table Exhibit C: Tree Preservation/Conservation/Wildlife Corridor Open Space Easement On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 4-3-07 Exhibit A: Conditions of Approval Tree Removal - TRP 2006-0094 Conditions of Approval Timing Responsibility Mitigation TRP 2006-0094 /Monitoring Measure PR: Priorto Removal PS: Planning Services BL: Business License BS: Building Services BP: Building Permit FD: Fire Department TO: Temporary Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. The applicant shall mitigate the removal or impact of the PR PS trees in accordance with the requirements of the Atascadero Native Tree Ordinance. 2. The applicant shall pay all required mitigation fees prior PR/BP PS to any tree removal as shown on exhibit B. 3. During the lot clearing and tree removal period, the Ongoing PS project arborist shall provide weekly reports detailing the project's compliance with the arborist"s recommendations and the conditions of this tree removal permit. If the project is not in compliance, a stop work notice shall immediately be issued and the applicant shall immediately contact staff to discuss bringing the project into compliance. 4. After the lot clearing and tree removal period, the project Ongoing PS arborist shall submit bi-weekly reports discussing the project's compliance with the arborist's recommendations and the conditions of this tree removal permit. 5. Prior to building permit final, an arborist letter and BP/FO PS photographic proof shall be submitted which documents that all root systems for trees #14 and #15 are intact and that all proper mitigation was adhered to during construction. Exhibit B: Native Tree Removal Mitigation Tree Removal - TRP 2006-0094 Date: December 28, 2006 Address: 5105 and 5305 Chauplin Applicant: Don Messer Owner: Burt Polin ITEM NUMBER: 2 DATE: 4-3-07 Prepared by: KM Permit #: TRP 2006-0094 (PPN 2005-0172) Telephone: 466-0549 Telephone: (559) 439-9300 Tree protection required? YES Arborist review required? YES Total number of trees impacted: 34 (Lots 13 and 14) not including removals which are listed below 40 (Lot 15) not including removals which are listed below Removals: Number greater than 24"DBH: 0 (Lots 13 and 14) 8 (Lot 15) Number less than 24" DBH PC Permit Required? Yes Replacements Required: 20 (Lots 13 & 14) 34 (Lot 15) Status: in process Evergreen Native Trees (inches) dbh notes 1 14 -inches Tree R-1 (Lots 13&14) 2 14 -inches Tree R-2 (Lots 13&14) 3 8 -inches Tree R-9 (Lots 13&14) 4 5 -inches Tree R-10 (Lots 13&14) 5 15 -inches Tree R-16 (Lots 13&14) 6 18 -inches Tree R-17 (Lots 13&14) 7 4 -inches Tree R-18 (Lots 13&14) 8 7 -inches Tree R-1 (Lot 15) 9 10 -inches Tree R-2 (Lot 15) 10 20 -inches Tree R-3 (Lot 15) 11 12 -inches Tree R-4 (Lot 15) 12 8 -inches Tree R-5 (Lot 15) 13 29 -inches Tree R-6 (Lot 15) 14 12 -inches Tree R-7 (Lot 15) 15 22 -inches Tree R-8 (Lot 15) 16 26 -inches Tree R-9 (Lot 15) 17 19 -inches Tree R-10 (Lot 15) 18 10 -inches Tree R-11 (Lot 15) 19 6 -inches Tree R-12 (Lot 15) 20 15 -inches Tree R-13 (Lot 15) 21 14 -inches Tree R-14 (Lot 15) 22 14 -inches Tree R-15 (Lot 15) 23 31 -inches Tree R-16 (Lot 15) 24 20 -inches Tree R-17 (Lot 15) 25 42 -inches Tree R-18 (Lot 15) 26 34 -inches Tree R-19 (Lot 15) 27 16 -inches Tree R-22 (Lot 15) 28 8 -inches Tree R-23 (Lot 15) 29 22 -inches Tree R-27 (Lot 15) 30 36 -inches Tree R-30 (Lot 15) 31 10 -inches Tree R-31 (Lot 15) 32 30 -inches Tree R-32 (Lot 15) 33 18 -inches Tree R-33 (Lot 15) 34 14 -inches Tree R-34 (Lot 15) 35 10 -inches Tree R-35 (Lot 15) 36 34 -inches Tree R-36 (Lot 15) 37 12 -inches Tree R-37 (Lot 15) 38 10 -inches Tree R-39 (Lot 15) 39 4 -inches Tree R-40 (Lot 15) 40 16 -inches Tree R-42 (Lot 15) Total 669 -inches Mitigation Requirement Tree Fund Payment: $ 5,575.00 ITEM NUMBER: DATE: Deciduous Native Trees (inches) 14 dbh notes 1 16 -inches Tree R-3 (Lots 13&14) 2 16 -inches Tree R-4 (Lots 13&14) 3 14 -inches Tree R-5 (Lots 13&14) 4 5 -inches Tree R-6 (Lots 13&14) 5 5 -inches Tree R-7 (Lots 13&14) 6 5 -inches Tree R-8 (Lots 13&14) 7 12 -inches Tree R-11 (Lots 13&14 8 6 -inches Tree R-12 (Lots 13&14 9 7 -inches Tree R-13 (Lots 13&14 10 10 -inches Tree R-14 (Lots 13&14 11 12 -inches Tree R-15 (Lots 13&14 12 4 -inches Tree R-19 (Lots 13&14 13 7 -inches Tree R-20 (Lots 13&14 14 6 -inches Tree R-20 (Lot 15) 15 11 -inches Tree R-21 (Lot 15) 16 6 -inches Tree R-24 (Lot 15) 17 5 -inches Tree R-25 (Lot 15) 18 10 -inches Tree R-26 (Lot 15) 19 13 -inches Tree R-28 (Lot 15) 20 6 -inches Tree R-29 (Lot 15) 21 4 -inches Tree R-38 (Lot 15) 22 6 -inches Tree R-41 (Lot 15) Total 186 -inches Tree Fund Payment: $ 3,100.00 F, A__m7 Totals 855 -inches $ 8,675.00 ITEM NUMBER: 2 DATE: 4-3-07 Exhibit C: Tree Preservation/Conservation/Wildlife Corridor Open Space Easement TRP 2006-0094 Chauplin Lane, Lot 14 Easement Areas Lot 14 LEGEND — y LOT 15 LOT 13 1: -.-- HAUP �CLIN AVENUE ITEM NUMBER: 2 DATE: 4-3-07 Exhibit C: Tree Preservation/Conservation/Wildlife Corridor Open Space Easement TRP 2006-0094 Chauplin Lane, Lot 15 ITEM NUMBER: 3 DATE: 4-3-07 Planning Commission Staff Report Consent Agenda Time Extension TPM 2002-0028 9555, 9575, & 9550 Vista Bonita Avenue, AT 01-091 (Frederick) SUBJECT: Consideration of a one-year time extension for Tentative Parcel Map AT 01-091 (TPM 2002-0028). RECOMMENDATION: Staff Recommends: Adopt Resolution PC 2007-0016, thereby approving a one-year Time Extension of Tentative Parcel Map 2002-0028 in compliance with Sections 11-4.23(a) and 11-4.33(b) of the Subdivision Ordinance and revising Condition of Approval No. 8, and adding a new Condition of Approval No. 39 requiring the processing of a Precise Plan application prior to any development/construction/grading on proposed Lot 1. SITUATION AND FACTS: 1. Applicant/Owner: Michael L. Frederick, P.O. Box 573, Atascadero, CA 93423 2. Project Address: 9555, 9575, & 9550 Vista Bonita Avenue, Atascadero, CA 93422 APN: 030-441-013,014, 015 3. General Plan Designation: Single -Family Residence (SFR -Z) 4. Zoning District: 5. Site Area: 6. Existing Use: Residential Single -Family (RSF-Z) 4.33 acre Single -Family Residence, Cellular Site 7. Environmental Status: Class 3(b) Categorical Exemption ITEM NUMBER: DATE: 4-3-07 DISCUSSION: Background: The project is a proposed subdivision of a 4.33 acre lot into two individual parcels of 1.87 and 2.46 acres gross, each. Proposed Parcel 1 is currently developed with cellular facilities. Both proposed parcels could be developed with single-family residences. The property will utilize septic systems and Atascadero Mutual Water Company will provide water services. History: The Planning Commission first heard this request for a Time Extension at the March 6, 2007 Commission hearing. The Commission continued this item and asked staff to provide additional information regarding this tentative map. The draft minutes from March 6, 2007 Planning Commission Hearing are as follows: Items pulled: Chairperson O'Keefe, Item #7. MOTION: By Vice Chairperson Fonzi and seconded by Commissioner Jack to approve Items #1, 2, 3, 4, 5, 6, 8, and 9. Motion passed 6:0 by a roll -call vote. Item #7: Chairperson O'Keefe expressed her concerns regarding Parcel No. 1 and an earlier Planning Commission decision which had allowed it to be developed as a residential parcel, although the environmental impacts had never been looked at on this highly visible site. She stated that the City Attorney had recommended that this item be continued while staff looks into the best way to approach this issue. Community Development Director Warren Frace reviewed the options available to the Commission for this item and suggested continuing it and providing direction to staff and the applicant in terms of their concerns. Chairperson O'Keefe commented that if this is continued, provision should be made to access to the site. Director Frace indicated staff could make arrangements for Commissioners to tour the site. Commissioner O'Grady stated he was concerned with another extension given the visibility of this site. Vice Chairperson Fonzi expressed concern with the suitability of the site for residential development, accessibility for the Fire Department, and the suitability for sewer and water service. She would also like information on the background of the road. PUBLIC COMMENT Michael Frederick, owner, explained that he is requesting the time extension to address the gradient of the road and landscaping. He spoke about the problems he has had at the site, and requested that landscaping be done with the building permit. Chairperson O'Keefe closed the Public Comment period. MOTION: By Commissioner O'Grady and seconded by Commissioner Heatherington to continue this item to a date certain of April 3, 2007, with the request for additional information. Motion passed 6:0 by a roll -call vote. ITEM NUMBER: DATE: 4-3-07 This Tentative Parcel Map was originally approved by the City Council on February 24, 2004. When the project came before the Planning Commission for recommendation to the City Council, the Commission recommended changes to staff's proposed conditions of approval. These changes were noted in the staff report to the City Council. The City Council approved the project on a 3-2 vote. Minutes from the City Council hearing are as follows: Tentative Parcel Mao 2002-0028 (AT 01-091) and Road Abandonment 2002-0009 9230 Vista Bonita (APN 030-441-015) (Frederick) ■ Fiscal impact: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the proposed uses. Staff recommendation: 1. Council adopt draft Resolution A certifying the proposed Mitigated Negative Declaration 2003-0066 and approving Tentative Parcel Map 2002-0028 (AT 01- 091), a request to subdivide one parcel totaling 4.33 acres, gross, into two parcels of 1.87 and 2.46 acres gross, based on findings and subject to conditions. 2. Council adopt draft Resolution B approving a request to abandon a portion of Vista Bonita, from its intersection with EI Bordo Avenue to its westerly terminus. (Community Development) Community Development Director Warren Frace gave the staff report and answered questions of Council. PUBLIC COMMENT Michael Frederick, Applicant, answered questions raised by Council, gave a brief history of the site, and reviewed his request. Mr. Frederick answered questions of Council. Council Member O'Malley asked Mr. Frederick if he would be agreeable to a condition stating that any residential development on parcel 1 would have fire sprinklers in it. Mr. Frederick indicated that this would be a good idea. Additionally, Council Member O'Malley inquired whether Mr. Frederick would haul away the dirt if there were any cutting/grading on parcel 1. Mr. Frederick stated he would. Ellen Beraud expressed concern about the steepness of the slope on parcel 1 if it is to be used as a residential site. Mayor Luna closed the Public Comment period. Director Frace addressed issues raised in the Public Comment period. Mayor Luna stated it was difficult for staff to decide issues of septic and fire access without knowing what the applicant will do on the site. He indicated it was inappropriate to add conditions at this time. Council Member Pacas indicated she was concerned about adding conditions and looking at a proposal that is different from the one analyzed for mitigation. She asked if there would be a problem with approving this project with a Mitigated Negative Declaration that does not apply to the project. City Attorney Hanley stated that if Council is concerned that significant environmental effects would result from dropping mitigations, they could refer this item back to staff or restore the mitigations. Council Member O'Malley expressed concern with sending this back as the City is requiring the lot split; review will happen once the plan is submitted so he is comfortable with moving ahead at this time. ITEM NUMBER Council Member Pacas asked the applicant if he would prefer to do this DATE: 4-3-07 right and do the review or leave parcel 1 a non -buildable lot. Michael Frederick stated he does not want to go back through the process due to the length of time it would take. Mayor Luna stated that approval is premature and this should go back to staff for proper analysis and mitigation. MOTION: By Council Member O'Malley and seconded by Council Member Clay to adopt draft Resolution A certifying the proposed Mitigated Negative Declaration 2003-0066 and approving Tentative Parcel Map 2002-0028 (AT 01-091), a request to subdivide one parcel totaling 4.33 acres, gross, into two parcels of 1.87 and 2.46 acres gross, based on findings and subject to conditions: and, adopt draft Resolution B approving a request to abandon a portion of Vista Bonita, from its intersection with EI Bordo Avenue to its westerly terminus and requiring a fire sprinkler system for any residential development in the future on parcel 1. Motion passed 3:2 by a roll -call vote. (Pacas, Luna opposed) (Resolutions No. 2004-012 and 2004-013) Analysis: Staff's main concern with residential development of proposed Parcel 1 is a complete environmental review was not prepared for any potential residential development. Staff continues to have concerns that development impacts relating to visual impacts, septic versus sewer hookup, and the steepness of the proposed parcel have not been adequately addressed. In discussing the proposed Time Extension with the Developer's representative, Wilson Land Surveys, it is staff's understanding that the Developer is in agreement with the following revisions and additions to the conditions of approval: Amend Condition No. 8 to read as follows: Septic systems may be allowed on these parcels, providing the systems meet all City and Building Code regulations and policies and are approved by the Regional Water Quality Control Board. Add a new Condition No. 12 to read as follows: Prior to any residential grading/development on proposed parcel 1, the applicant shall apply for and receive approval of a Precise Plan. Precise plan review will consist of preparing a California Environmental Quality Act (CEQA) initial study and mitigated negative declaration. The applicant is aware that mitigation measures may be imposed that will influence the placement and design of any proposed residential unit on the proposed parcel. Revisions or additions to the existing cellular facilities on proposed parcel 1 shall be consistent with condition of approval 10, above. To date, residential development has not been proposed on either of the requested parcels. Proposed parcel 1 is developed with cellular facilities and proposed parcel 2 is vacant. Time Extension: ITEM NUMBER: 3 The Subdivision Map Act mandates an initial two-year life and, DATE: 4-3-07 by local ordinance, the City can extend that initial life up to an additional 12 months. Additionally, the City may extend the time at which the map expires for a period or periods not to exceed a total of five years, (these are discretionary extensions). The application for the extension must be filed prior to the expiration date. Once a timely extension request is received, the Tentative Map is automatically extended for a period of 60 days. The applicant may continue to process the Tentative Map for final acceptance during this 60 day period. Should the Commission choose to deny the Time Extension, the applicant may appeal to the City Council within 15 days. The Applicant may continue to process the Tentative Map for final acceptance during this 15 day period. The Final Map may be placed on an agenda and accepted prior to agendizing the appeal hearing. The Planning Commission may add or modify any conditions of approval, prior to granting the Time Extension, to insure the project remains consistent with updated ordinances and policy, providing that the applicant is in agreement with any proposed revisions or additions to the conditions of approval. Staff is recommending one revision to Condition No. 8 and the addition of a new Condition No. 12 with a renumbering of the remaining conditions as discussed above. Map History: Original Approval Time Extension 1 Time Extension 2 CONCLUSION: Applied 2/21/06 Applied 1/23/07 Approval February 24, 2004 May 2, 2006 April 3, 2007 Expiration February 24, 2006 February 24, 2007 February 24, 2008 The City Council found the proposed subdivision map, as conditioned, to be consistent with the 2002 General Plan and Zoning Ordinance and the lot configurations consistent with the requirements of the Subdivision Ordinance. However, the original approval modified the project and left a number of issues unanalyzed and unmitigated. The modified conditions will bring the Tentative Map into compliance with CEQA requirements. Staff recommends the Planning Commission approve the Time Extension as requested. ALTERNATIVES: 1. The Commission may approve the time extension subject to additional or revised project conditions, providing the Applicant agrees to the modifications. 2. The Commission may deny the time extension if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. ITEM NUMBER: 3 DATE: 4-3-07 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. The Applicant will be able to continue processing the final map application during the continuation period. PREPARED BY: Kerry Margason, Associate Planner ATTACHMENTS: Attachment 1 -- Location Map (General Plan & Zoning) Attachment 2 -- Draft Resolution PC 2007-0016 Approving Time Extension Attachment 3 — Draft Resolution PC 2007-0022 Denying Time Extension ITEM NUMBER: DATE: 4-3-07 ATTACHMENT 1: Location Map (General Plan / Zoning) TPM 2002-0028 9555, 9575, & 9550 Vista Bonita Ave. EI Camino Real Highway 101 IF Chalk Mountain Golf Vista Bonita Avenue I i Zoning District: Single -Family Residential (SFR -Z) Land Use Designation: Residential Single -Family (RSF-Z) ITEM NUMBER: DATE: 4-3-07 ATTACHMENT 2: Draft Resolution PC 2007-0016 TPM 2002-0028 9555, 9575, & 9550 Vista Bonita Ave. DRAFT RESOLUTION NO. PC 2007-0016 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A ONE-YEAR TIME EXTENSION OF TENTATIVE PARCEL MAP 2002-0028 (9555, 95759 & 9550 VISTA BONITA AVE., FREDERICK) WHEREAS, the applicant, proposes subdivision of a 4.33 acre, gross, lot into two individual parcels of 1.87 and 2.46 acres, gross, each. Proposed Parcel 1 is currently developed with cellular facilities, and Proposed Parcel 2 is vacant. Both lots may be developed with residential dwelling units in the future; and WHEREAS, the City Council approved A Tentative Parcel Map on February 24, 2004; and WHEREAS, the Planning Commission considered and approved a one year time extension on May 2, 2006, thereby extending the life of the tentative parcel map until February 24, 2007; and, WHEREAS, the applicant has filed a timely request for an additional one-year time extension of the tentative parcel map, thereby automatically extending the life of the tentative parcel map for 60 days, or until the approving body approves, conditionally approves, or denies the request; and, WHEREAS, the Planning Commission considered the requested time extension on March 6, 2007 and continued the request to a date certain, directing staff to provide further information on the tentative parcel map; and, WHEREAS, the Planning Commission considered a proposed one year time extension on April 3, 2007, setting the expiration date to February 24, 2008; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1: Findings for approval of the time extension: The Planning Commission makes the following findings: 1. The approval of the time extension with modified conditions of approval would not place the residents of the subdivision or the immediate community, or both in a condition dangerous to their health, safety or welfare. ITEM NUMBER: 3 2. The approval of the time extension with modified DATE: 4-3-07 conditions of approval will not prohibit the project from complying with state or federal law. 3. The modification to Condition of Approval 8 is necessary to protect the health, safety and welfare of downhill residents and property. 4. The modification to Condition of Approval 8 is necessary to insure the project complies with California Regional Water Quality Board rules, regulations and policies. 5. The addition of a new Condition of Approval 39 is necessary to insure the project complies with the California Environmental Quality Act (CEQA). SECTION 2: Approval The Planning Commission does hereby approve a one-year time extension of TPM 2002-0028, to expire on February 24, 2008, and subject to the modified conditions of approval attached hereto as Exhibit A and incorporated herein, and subject to the following exhibits: Exhibit A — Modified Conditions of Approval and Mitigation Monitoring Exhibit B — Tentative Parcel Map AT 01-091 (TPM 2002-0028) ITEM NUMBER: DATE: 4-3-07 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: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 4-3-07 Exhibit A: Modified Conditions of Approval / Mitigation Monitoring TPM 2002-0028 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation TPM 2002-0028 (AT 01-091) PM: Parcel Map /Monitoring Measure 9555, 9575, & 9550 Vista Bonita Avenue GP: Grad Prmt BP: Build Prmt PW: Public Works PS: Plan Services TO: Temp Occpy BS: Build Services FO: Final Occpy FD: Fire Dept PI: Public Imps PD: Police Dept FM: Final Map CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atas Mutual Water Co. Planning Services - Standard Planning Conditions 1. The approval of this application shall become final, subject to the Ongoing PS completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9- 1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Parcel Map shall be valid for two years FM PS after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date, or a final map is recorded with the County Recorder's Office. 3. The Community Development Department shall have the FM PS authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Parcel Map. 4. A Parcel map drawn in substantial conformance with the FM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 5. The subdivider shall defend, indemnify, and hold harmless the Ongoing CA City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the subdivision. 6. The final map shall be subject to additional fees for park or FM PS recreation purposes (QUIMBY Act) as required by City Ordinance. Project Specific Conditions 7. All future residential development on the parcels shall be FM PS constructed with fire sprinklers. 8. Septic systems may be allowed on these parcels, providing PW/PS/BS the systems meet all City and Building Code regulations and policies and are approved by the Regional Water Qualit ITEM NUMBER: DATE: 4-3-07 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation TPM 2002-0028 (AT 01-091) PM: Parcel Map /Monitoring Measure 9555, 9575, & 9550 Vista Bonita Avenue GP: Grad Prmt BP: Build Prmt PW: Public Works PS: Plan Services TO: Temp Occpy BS: Build Services FO: Final Occpy FD: Fire Dept PI: Public Imps PD: Police Dept FM: Final Map CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atas Mutual Water Co. Control Board. 9. All future development shall be consistent with the Conditions PM PS of Approval detailed in Planning Commission Resolution No. 2001-038. 10. All future proposals for cellular facilities shall be required to Ongoing PS amend the existing Conditional Use Permits and shall be required to co -locate on existing facilities. 11. Prior to recordation of the final map, the applicant shall submit PM PS a landscaping plan for all areas previously disturbed and for the area surrounding the gate on Vista Bonita. This landscaping plan shall be reviewed and approved by the Community Development Department and the landscaping shall be installed prior to recordation of the final map. Engineering Standard Conditions 12. In the event that the applicant is allowed to bond for any public FM CE improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 13. An engineer's estimate of probable cost shall be submitted for FM CE review and approval by the City Engineer to determine the amount of the bond. 14. The Subdivision Improvement Agreement shall record FM CE concurrently with the Final Map. 15. The applicant shall enter into a Plan Check/Inspection FM CE agreement with the City. 16. The applicant shall acquire title interest in any off-site land that FM 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. 17. Slope easements shall be obtained by the applicant as needed FM CE to accommodate cut or fill slopes. 18. Drainage easements shall be obtained by the applicant as FM CE needed to accommodate both public and private drainage facilities. The applicant shall address storm water detention prior to grading and drainage approval. 19. A current preliminary subdivision guarantee shall be submitted FM CE for review in conjunction with the processing of the parcel map. 20. The final map shall be signed by the City Engineer prior to the FM CE ITEM NUMBER: DATE: 4-3-07 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation TPM 2002-0028 (AT 01-091) PM: Parcel Map /Monitoring Measure 9555, 9575, & 9550 Vista Bonita Avenue GP: Grad Prmt BP: Build Prmt PW: Public Works PS: Plan Services TO: Temp Occpy BS: Build Services FO: Final Occpy FD: Fire Dept PI: Public Imps PD: Police Dept FM: Final Map CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atas Mutual Water Co. map being placed on the agenda for City Council acceptance. 21. Prior to recording the final map, the applicant shall pay all FM CE outstanding plan check/inspection fees. 22. Prior to recording the final map, the applicant shall complete all FM CE improvements required by these conditions of approval. 23. Prior to recording the final map, the applicant's surveyor shall FM CE 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. 24. 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. 25. All existing and proposed utility, pipeline, open space, or other FM CE easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. The applicant shall show all access restrictions on the final map. 26. Prior to recording the final 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 final map. 27. All public improvements shall be constructed in conformance FM CE with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 28. The applicant shall be responsible for the relocation and/or FM CE alteration of existing utilities. 29. The applicant shall install all new utilities (water, gas, electric, FM CE cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 30. Prior to the final inspection of any public improvements, the FM CE applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full ITEM NUMBER: DATE: 4-3-07 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation TPM 2002-0028 (AT 01-091) PM: Parcel Map /Monitoring Measure 9555, 9575, & 9550 Vista Bonita Avenue GP: Grad Prmt BP: Build Prmt PW: Public Works PS: Plan Services TO: Temp Occpy BS: Build Services FO: Final Occpy FD: Fire Dept PI: Public Imps PD: Police Dept FM: Final Map CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atas Mutual Water Co. compliance with the approved plans. 31. The applicant shall monument all property corners for FM CE construction control and shall promptly replace them if disturbed. Engineering Project Specific Conditions 32. An ingress, egress and utility easement shall be retained over FM CE Vista Bonita Avenue. 33. A road maintenance agreement shall be prepared for FM CE maintenance of the private driveway, prior to recordation of the final map. The agreement shall be reviewed and approved by the City Engineer, Community Development Director and the City Attorney. After approval, the road maintenance shall record concurrently with the final map. Building /Fire Marshal: 34. Interior fully automatic fire sprinklers will be required for all new GP FD/PS/BS residential development. 35. All roads, access ways and driveways shall be built to Fire GP FD/PS/BS Department standards, including turnouts and/or turnarounds, as required. The short stretch of grade @ 22% shown on the tentative map will be acceptable due to the shallow bury of utilities. 36. All residential structures shall be within 800 feet of a fire hydrant GP FD/PS/BS as measured along the road and driveways. Water tanks will not be an acceptable method of providing emergency water supplies. Water Company: 37. The applicant shall design and construct the water system FM AMWC improvements needed to serve the subdivision. The water system improvements required to serve the subdivision shall be private, shall be operated and maintained by the applicant and shall be isolated from the AMWC system with an appropriate back-flow prevention device. The applicant is responsible for designing and constructing water system improvements that will deliver water at the pressures and flows needed to serve the subdivision. 38. AMWC expressly reserves and retains all rights and privileges grated to it, among other things, to construct and operate water facilities over, along, upon and through the segment of the roadway alignment that is to be abandoned. Said rights and privileges were granted to AMWC by that certain Deed, dated October 20, 1914, and recorded in the Office of the County Recorder, County of San Luis Obispo, State of California, in Volume 113, at page 56. ITEM NUMBER: DATE: 4-3-07 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation TPM 2002-0028 (AT 01-091) PM: Parcel Map /Monitoring Measure 9555, 9575, & 9550 Vista Bonita Avenue GP: Grad Prmt PW: Public Works BP: Build Prmt PS: Plan Services TO: Temp Occpy BS: Build Services FO: Final Occpy FD: Fire Dept PI: Public Imps PD: Police Dept FM: Final Map CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atas Mutual Water Co. 39. Prior to any residential grading/development on proposed parcel 1, the applicant shall apply for and receive approval of a Precise Plan. Precise plan review will consist of preparing a California Environmental Quality Act (CEQA) initial study and mitigated negative declaration. The applicant is aware that mitigation measures may be imposed that will influence the placement and design of any proposed residential unit on the proposed parcel. Revisions or additions to the existing cellular facilities on proposed parcel 1 shall be consistent with condition of approval 10, above. MITIGATION MEASURES Mitigation Measure 3.b.1: The project is conditioned to comply GP/BP BS/PS 3.b.1 with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. ITEM NUMBER: DATE: 4-3-07 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation TPM 2002-0028 (AT 01-091) PM: Parcel Map /Monitoring Measure 9555, 9575, & 9550 Vista Bonita Avenue GP: Grad Prmt PW: Public Works BP: Build Prmt PS: Plan Services TO: Temp Occpy BS: Build Services FO: Final Occpy FD: Fire Dept PI: Public Imps PD: Police Dept FM: Final Map CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atas Mutual Water Co. Section 6.3: Construction Equipment • Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). • Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. • Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule 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. ITEM NUMBER: DATE: 4-3-07 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation TPM 2002-0028 (AT 01-091) PM: Parcel Map /Monitoring Measure 9555, 9575, & 9550 Vista Bonita Avenue GP: Grad Prmt PW: Public Works BP: Build Prmt PS: Plan Services TO: Temp Occpy BS: Build Services FO: Final Occpy FD: Fire Dept PI: Public Imps PD: Police Dept FM: Final Map CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atas Mutual Water Co. 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 revegatation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.e.1: The Grading Plan shall identify tree protection BP fencing around the drip line of each existing on-site tree and/or native shrub mass within 20 feet of construction activity. Mitigation Measure 4.e.2: Grading and excavation and grading work shall BP be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 5. All trees within the area of work shall be fenced for protection with 4 - foot chain link, snow, or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. PS 14.e.1 PS 14.e.2 ITEM NUMBER: DATE: 4-3-07 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation TPM 2002-0028 (AT 01-091) PM: Parcel Map /Monitoring Measure 9555, 9575, & 9550 Vista Bonita Avenue GP: Grad Prmt PW: Public Works BP: Build Prmt PS: Plan Services TO: Temp Occpy BS: Build Services FO: Final Occpy FD: Fire Dept PI: Public Imps PD: Police Dept FM: Final Map CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atas Mutual Water Co. Mitigation Measure 6.b: All disturbed areas, not shown on the project BP BS 6.b 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 an 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 EI Bordo Rd and/or the private access drive by construction vehicles. Mitigation Measure 6.c.d: A soils report shall be required to be submitted BP BS 6.c.d with any future building permits by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. Mitigation Measure 11.d: All construction activities shall comply with the BP BS/PS 11.d City of Atascadero Noise Ordinance for hours of operation. EXHIBIT B: Tentative Parcel Map TPM 2002-0028 ITEM NUMBER: 3 DATE: 4-3-07 ITEM NUMBER: DATE: 4-3-07 ATTACHMENT 3: Draft Resolution PC 2007-0022 TPM 2002-0028 9555, 9575, & 9550 Vista Bonita Ave. DRAFT RESOLUTION NO. PC 2007-0022 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO DENYING A ONE-YEAR TIME EXTENSION OF TENTATIVE PARCEL MAP 2002-0028 (9555, 9575, & 9550 VISTA BONITA AVE., FREDERICK) WHEREAS, the applicant proposes subdivision of a 4.33 acre, gross, lot into two individual parcels of 1.87 and 2.46 acres, gross, each. Proposed Parcel 1 is currently developed with cellular facilities, and Proposed Parcel 2 is vacant. Both lots may be developed with residential dwelling units in the future; and WHEREAS, the City Council approved A Tentative Parcel Map on February 24, 2004; and WHEREAS, the Planning Commission considered and approved a one year time extension on May 2, 2006, thereby extending the life of the tentative parcel map until February 24, 2007; and, WHEREAS, the applicant has filed a timely request for an additional one-year time extension of the tentative parcel map, thereby automatically extending the life of the tentative parcel map for 60 days, or until the approving body approves, conditionally approves, or denies the request; and, WHEREAS, the Planning Commission considered the requested time extension on March 6, 2007 and continued the request to a date certain, directing staff to provide further information on the tentative parcel map; and, WHEREAS, the Planning Commission considered a proposed one year time extension on April 3, 2007, setting the expiration date to February 24, 2008; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1: Findings for denial of the time extension: The Planning Commission makes the following findings: 1. The City's General Plan strives to combine city and country elements "in a woodland setting with rugged hillsides, abundant vegetation, and creeks that ITEM NUMBER: 3 require careful planning and development" and to DATE: 4-3-07 achieve this goal, land use development should be evaluated and reviewed in a timely manner; and, 2. The Land Use, Open Space, and Conservation Element of the General Plan is to "guide development and revitalization projects consistent with community values;" and, 3. Policy 2.1 of the General Plan provides in pertinent part that land use must "ensure that new development is compatible with existing and surrounding neighborhoods;" and, 4. It has been three years since the City Council of the City of Atascadero studied and adopted the applicant's request for a tentative parcel map; and, 5. Applicant's project proposal may now be incompatible with the surrounding neighborhood, and applicant has no vested right to build; and 6. The applicant requested a second time extension to the Tentative Parcel Map, and the Planning Commission has determined that the project proposal is incompatible with the surrounding neighborhood and not in compliance with the City's General Plan and therefore, the time extension is not in the interest of the public health, safety or welfare of the residents of the City. 7. The applicant has not constructed public improvements equaling $178,000 or more. 8. The approval of the time extension would place the residents of the subdivision or the immediate community, or both in a condition dangerous to their health, safety or welfare by allowing septic systems on slopes of 30 percent or greater,. 9. The approval of the time extension would prohibit the project from complying with state laws governing the use of septic systems and mandating mitigation for environmental impacts (Regional Water Quality Control Board regulations and the California Environmental Quality Act). SECTION 2: Denial. The Planning Commission does hereby deny a one-year time extension of TPM 2002-0028 based on the above findings. ITEM NUMBER: DATE: 4-3-07 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: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary ITEM NUMBER: 4 DATE: 4-3-07 Atascadero Planning Commission Staff Report - Community Development Department General Plan Text Amendment and Title 9 Planning and Zoning Text Amendment GPA 2006-0017 / ZCH 2006-01251 PLN 2006-1139 (City of Atascadero) SUBJECT: Proposed General Plan Amendment and Zoning Ordinance text change to the setbacks along Creek Reservations, blue line creeks, the Salinas River, jurisdictional wetlands, and other significant drainage courses to ensure the uninterrupted natural flow of the streams and protection of the riparian ecosystem, as well as the public health and safety of structures in regards to creek bank stability. The proposed changes consist of text amendments to portions of the Land Use, Open Space, and Conservation Element of the General Plan, and portions of Title 9, the Planning and Zoning Ordinance of the Atascadero Municipal Code. RECOMMENDATION: Staff recommends the Planning Commission adopt Resolutions PC 2007-0019, 2007- 0020, and 2007-0021 recommending that the City Council certify proposed Mitigated Negative Declaration 2006-0039 and introduce an amendment for first reading, by title only, to approve General Plan Amendment 2006-0017 and Zone Change 2006-0125 (PLN 2006-1139) based on findings. SITUATION AND FACTS: 1. Applicant: City of Atascadero 2. General Plan Designation: Citywide 3. Zoning District: Citywide 4. Environmental Status: Initial Study and Proposed Negative Declaration #2006-0039 ITEM NUMBER: 4 DATE: 4-3-07 DISCUSSION: Summary The project consists of an amendment to General Plan Policy 8.2 in the Land Use, Open Space, and Conservation Element of the General Plan. A Creek Setback Ordinance is proposed to be included in Chapter 4, Site Development Standards of Title 9, Planning and Zoning Ordinance, in the Atascadero Municipal Code. Following the current General Plan Policy 8.2, revisions to the General Plan are proposed which would replace the interim creek setbacks. The updates are intended to establish a 35 - foot setback along Atascadero Creek, Graves Creek, and Boulder Creek reservations, a 50 -foot setback along the Salinas River, and a 20 -foot setback along all other blueline creeks, jurisdictional wetlands, and significant drainage courses. The Planning Commission would be able to approve exceptions to the creek setbacks in the form of a Minor Conditional Use Permit with a biologist and a hydrogeomorphologist report and an Archeological Phase 1 study if the project can meet the required findings to show that the creek and surrounding habitat will not be significantly affected by the development, and that the creek bank is stable enough to withstand the proposed improvements. Background The City of Atascadero adopted the 2025 General Plan in July 2002. During the General Plan update an interim 20 -foot setback was created along Atascadero Creek and Graves Creek to prevent development from encroaching on the riparian areas and flood ways. Following adoption of the General Plan, the Environmental Center of San Luis Obispo (ECOSLO) filed a lawsuit against the City regarding the 20 -foot creek setback. Following a period of negotiations an agreement was entered into between ECOSLO and the City of Atascadero to settle the lawsuit. One of the actions that the City agreed to included amending LOC Policy 8.2.2. of the Land Use Element of the General Plan, changing the interim creek setback on Atascadero Creek and Graves Creek from 20 feet to 35 feet (refer to Attachment 1). An exception process with a Conditional Use Permit was included to relieve hardships for parcels where a 20 -foot setback would sufficiently protect the waterway and surrounding habitat. The 35 -foot interim setback was adopted on March 9, 2004 with a sunset date of March 1, 2005. Both the original 2002 adopted General Plan Policy 8.2. and the 2004 amended General Plan Policy 8.2 state that the City will replace the interim setbacks with a new adopted creek setback ordinance. LOC Policy 8.2. of the General Plan states: "Adopt and maintain a creek setback ordinance that will establish building setbacks and development standards along the banks of Atascadero Creek, Graves Creek, blueline creeks, and the Salinas River to ensure the uninterrupted flow of the streams and ITEM NUMBER: 4 DATE: 4-3-07 protection of the riparian ecosystem with flexible standards for the downtown area." The policy states that it is the responsibility of the Community Development Department, the Planning Commission, and the City Council to meet the requirements of this Policy Program. The proposed General Plan Amendment and Zoning Ordinance text change has been developed to fulfill this goal. Analysis 1. General Plan Amendment: The proposed text changes consist of an amendment to LOC Policy 8.2. of the Land Use, Open Space, and Conservation Element of the General Plan. The proposed amendment would remove the sunset date from the 35 -foot setback currently in effect; thereby replacing the interim setback with a setback which will not expire. The setbacks on Atascadero Creek and Graves Creek are proposed to remain at 35 - feet, measured from the creek reservation. The creek reservations are the non - buildable parcels that are located over the creek itself. The parcels were established with the City's original Colony maps in 1913. The creek reservations are separate parcels, with separate APN numbers, and a zoning designation of Open Space. A 35 -foot setback is also being proposed along Boulder Creek Reservations. Boulder Creek is located on the west edge of Atascadero near Santa Lucia and Loomis Road, leading off from Graves Creek (see map below.) There are about 15 parcels which abut Boulder Creek, with creek reservation parcels located over the blueline creek itself. Boulder Creek is proposed with a 35 -foot setback to be measured from the edge of the creek reservation, consistent with the Atascadero and Graves Creek reservation setbacks. The setbacks from all other 7.5 minute USGS quadrangle blueline creeks are proposed to remain at 20 -feet, measured from the ordinary high water mark. Blueline creeks are primarily tributaries to Atascadero and Graves Creek. A 20 -foot setback from jurisdictional wetlands and other significant drainage courses, as identified by a qualified biologist or Army Corps of Engineers, are also included in the proposed amendment. The proposed General Plan Amendment includes a 50 -foot setback for development along the Salinas River. The setback from the Salinas River would be measured from the ordinary high water mark. The residences recently developed along the Salinas were designed with a 50 -foot minimum setback from the Salinas River, including The Lakes development and the residences along North Ferrocarill. The 50 -foot setback therefore will not affect these structures. Definitions and detailed explanations of the setbacks are included in the proposed Creek Setback Ordinance to be included in Title 9, Planning and Zoning of the Municipal Code. ITEM NUMBER: 4 DATE: 4-3-07 Proposed General Plan Amendment Text: (Deleted text is shown as r-qs d u -t, added text is shown as underlined) Goal LOC 8. Watershed areas of Atascadero shall be protected. Policy 8.2: Establish and maintain setbacks and development standards for creek side development. Program: 1. i;Flept a,4d P rJaintain a creek setback ordinance Uiat-=a:ilJ-which establishes building setbacks and development standards along the banks of Atascadero Creek. Graves Creek, Boulder Creek. blue line creeks_-a4d the Salinas River_ jurisdictional wetlands and anv other significant drainage courses to ensure the uninterrupted natural flow of the streams and protection of the riparian ecosystem with flexible standards for the downtown area. E Atascadero Creek, Graves Creek. and Boulder Creek shall have a 35 -foot setback WAt I 41aPd4 1 20051 All other 7.5 min USGS quadrangle blue line creeks, jurisdictional wetlands and other significant drainage courses shall have au M 20 -foot setback. The Salinas River shall have a 50 -foot setback The -iuQ iu4 setbacks shall be subject to the following: a) On Atascadero Creek, Graves Creek. and Boulder Creek setbacks shall be measured from the edge of the creek reservation. b) All other blue line creeks-satbasks. the Salinas River and any other significant drainage courses shall have setbacks t�measured from the ordinary high water mark. c) The Planning Commission may approve exceptions to the -iur4rim creek setbacks in the form of a [Minor Conditional Use Permit with a biologist report a report prepared by a professional engineer or geologist qualified in bdcogeo.morQholo.gv. and an Archaeological Phase 1 study. # the fiudiaq Eau bA ITEM NUMBER: 4 DATE: 4-3-07 Map of waterways in Atascadero: Salinas River: Proposed 50' setback, measured from ordinary r4 high water mark Graves Creek Boulder Creek Atascadero Creek Atascadero. Graves & Boulder Creek: Proposed 35' setback, measured from the edge of the creek reservation. ITEM NUMBER: 4 DATE: 4-3-07 2.) Zone Text Chanae Consistent with the General Plan Policy Program 8.2, a Creek Setback Ordinance is proposed to be included in Title 9 of the Atascadero Municipal Code. The ordinance is designed to give further details, criteria, and definitions to the General Plan Policy regarding creek setbacks. The City's General Plan sets the goals and policies of the City, while the Zoning Ordinance further describes specific development standards and zoning regulations. Currently, the Zoning Ordinance does not include a section on development standards for work done around creeks or other watercourses. The proposed ordinance would establish a new section for creek setbacks to be included along with other property setbacks in Chapter 4, General Site Design and Development Standards. 9-4.104 9-4.105 19 -4.106 Exceptions to setback standards. jUse of setbacks - lFront setbacks. 9-4.107 ISide setbacks. 9-4.108 IRear setbacks. 9-4.109 linterior setbacks and open areas. 9-4.110 lProjections into required setbacks. 9-4.111 Setbacks from blue line creeks Proposed Zoning Ordinance Text Change: 9-4.111 Blueline Creek Setbacks a) Definition: Blueline creek: A creek. stream or watercourse indicated by a solid or broken blue line on a U.S. Geologic Survey 7.5 minute series quadrangle map. (b) Development setbacks for creekside development are as follows: (1) Atascadero Creek, Graves Creek, and Boulder Creek. Thirty-five (35) foot setback measured from the edge of the creek reservation; (2) Where Atascadero Creek, Graves Creek, and Boulder Creek channels are located outside of creek reservations, a twenty (20) foot setback measured from the ordinary high water mark shall be required; (3) Blueline creeks. Twenty (20) foot setback measured from ordinary high water marks; (4) Significant drainage courses. Twenty (20) foot setback measured from ordinar high water mark for other significant drainage courses as identified by Army Corps of Engineers, Department of Fish and Game, and/or qualified biolo ig st or hydro e�rpholo _gist; ITEM NUMBER DATE: 4-3-07 (5) Jurisdictional Wetlands. Twenty(20) foot setback measured from jurisdictional wetland boundary as defined by a qualified biologist; (6) Salinas River. Fifty (50) foot setback measured from the ordinary high water mark. (c) Improvements permitted within setbacks: (1) Bridges (2) Engineered drainage outlet, (3) Minor landscape features not requiring rg ading; (4) Non-invasive landscaping installation; (5) Raised decks; (6) Repairs to existing structures and facilities, 7 Trails; (8) Transparent fencing which does not block water flow; (9) Underground utilities that are permitted by the Armorps of Engineers, California Department of Fish and Game, and/or Regional Water Quality Control Board; (10) Water course monitoring or gauging facilities operated by local, State, or Federal Agencies. (d) Improvements not permitted within setbacks include, but are not limited to: ( 1) Detention basins; (2) Grading (cut or fill); (3) Over -excavation; (4) Parking, driveways, other vehicular surfaces; (5) Removal or disturbance of riparian vegetation, unless permitted by the California Department of Fish and Game; (6) Retaining walls; (7) Septic systems (see section 8-5.103 Table 4.3 for septic setback requirements (8) Structures (except as listed in section (c) above). (e) Exceptions. 1) Structures that were letially permitted before the effective date of this ordinance shall be permitted to remain; (2) The Planning Commission may approve exceptions to creek setbacks for Atascadero Creek, Graves Creek, Boulder Creek, and the Salinas River with a minor Conditional Use Permit. A biologist report, a hydrogeomorphologist report, and an Archaeological Phase 1 study shall be required. (i) Requirements for biologist and hydro eg omorpholo ig st reports. (A) Qualified biologist and professional geologist or engineer who is qualified in hydro eg omorphology; (B) Topographical and vegetation survey of creek channel with one (1) foot contour lines at one (1) to twenty (20) foot scale from bank to bank to include one hundred (100,) feet up and down steam from property lines. Survey shall identify thirty five (35) foot setbacks; (C) Engineeredrg ading and drainage plan of the entire site which includes the creek survey shall be provided; (D) Written analysis of the project impacts with an assessment of the potential impacts to the creek flow, bank stability, riparian vegetation and habitat, water quality, and any structures resulting from the reduced setback shall be provided; ITEM NUMBER: DATE: 4-3-07 (E) Mitigation measures. (ii) Required findings for Planning Commission approval; (A) Creek channel and storm water flows will not be significantly impacted; (B) Habitat and riparian vegetation will not be significantly impacted; (C) Native trees and canopies will not be significantly pacted; (D) Water quality will not be significantly impacted; (E) Bank stability will not be significantly impacted; (F) Proposed improvements will not be subject to damage caused by creek bank migration. (G)Archeological resources will not be significantly impacted. Proposed definitions have also been included in section 9-9.102: General Definitions, in the Municipal Code. Proposed definitions include: Blueline Creek. A creek, stream or watercourse indicated by a solid or broken blue line on a U.S. Geologic Survey 7.5 minute series quadrangle map and/or shown on Figure II -8 of the 2002 General Plan. Jurisdictional Wetland. An area which meets the criteria established by the US Army Corps of Engineers for a wetlands, including being regularly saturated by surface water or groundwater and supporting an ecosystem of plants and animals that are adapted to wet conditions. Ordinary High Water Mark. The top of the bank of the channel, typically the same as the ten- year flood plane; location to be determined by an engineer or biologist. Archeological Phase 1 Study. A complete surface survey done by a qualified archeologist to determine what is located on a site. Hydrogeomorphology. The study of the physical qppearance and operational character of a waterway as it adjusts its boundaries to the magnitude of stream flow and erosional debris produced within the attendant watershed. Creek Reservation. An unbuildable parcel located over Atascadero Creek, Graves Creek, or Boulder Creek, which is identified on 1913 Atascadero Colony Maps as "Creek Reservation." ITEM NUMBER: 4 DATE: 4-3-07 Tribal Council Review In accordance with State Senate Bill 18, the City has referred the proposed General Plan Amendment for a 90 -day Tribal Council Review. Letters were sent to the Northern Chumash Tribal Council, the Salinas Tribal Council, the Native American Heritage Commission, and the Cultural Resource Specialist for PSHS Services. City staff has met with Fred Collins of the Northern Chumash Tribal Council. The Tribal Council has requested that a provision be included with the Minor Conditional Use Permit exception to the 35 -foot setback. Since the creeks and waterways are often important archeological resource areas, a reduced setback along the creeks could pose an impact to the tribal resources along the creeks. A requirement has been included in the proposed ordinance text to require an Archeological Phase 1 study when a reduced setback is requested. An Archaeological Phase 1 study is a complete surface survey to determine what is on the site. Upon discovery of cultural materials, a Phase II study, which is subsurface testing, may be necessary. The Archeological Phase study must show that archeological resources will not be significantly impacted by the reduced setback. The Northern Chumash Tribal Council recommends approval of the General Plan Text Amendment as shown above. Proposed Environmental Determination An Initial Study and proposed Mitigated Negative Declaration 2006-0039 has been prepared with the recommended findings that there will be no significant adverse environmental impacts associated with this project application. Public Comments During the public review process, the following areas of concern were identified regarding the proposed amendments: (1) Existing structures within setbacks: During the public review process, the question of existing structures within the setbacks has been brought up several times. An exception is included in the proposed zoning ordinance to allow structures that were legally permitted before the effective date of this ordinance to remain. The structures would be considered legal non -conforming status. The current Zoning Ordinance states that if a non -conforming structure is destroyed or partially destroyed to the extent of seventy-five percent (75%) or more of the replacement cost of the total structure before destruction, the structure must be brought into conformity, and moved outside the setback area. If a non -conforming structure is partially destroyed to less than seventy-five percent (75%) it may be restored to its former non -conforming status. ITEM NUMBER: 4 DATE: 4-3-07 Citizens have voiced some concerns with this non -conforming status. If Planning Commission and City Council find it appropriate, a provision may be added to the proposed ordinance to allow these non -conforming structures to be rebuilt as originally permitted, even if the structure was destroyed 100% and located within the setback area. Staff recommends that if this provision is included, a Conditional Use Permit should be required with biologist and hydrogeomorphologist reports in order to ensure that the location of the structure will not have significant impacts on the creek, and to ensure soil and creek bank stability. Provision may also be included to address the issue of increasing the size of a non- conforming structure. Under the current Zoning Ordinance, a non -conforming structure may be maintained, but not increased in size. One option would be to add a provision to the creek setback ordinance to allow additions to the non -conforming structures, provided that the addition is located outside the creek. Additions located within the setback should be required to obtain biologist and hydrogeomorphologist reports. A variance application would not be required. (2) Shallow lots: Concerns have also been brought up regarding shallow lots that abut the creeks. With a standard 25 -foot front setback, and a 35 -foot rear creek setback, shallow lots could be overly restricted by the ordinance for available building area. A provision could be added to the proposed ordinance to allow shallow lots that are less than 125 -feet in depth to reduce the front and rear creek setback to allow for additional buildable area. This would be similar to the existing ordinance section 9-4.106 for front setbacks on shallow lots. The existing ordinance states that front setback may be reduced to 20 -feet for any lot less than 90 -feet deep. One option for shallow lots located on creeks would be to reduce the front setback to 15 -feet, and the rear setback to 20 -feet on lots less than 125 -feet in length. This would effectively create an equal buildable area to a standard lot (which has standard 25 -front and 10 -foot rear setbacks), eliminating any hardship brought on by the creek setback (see diagrams below.) Staff recommends that the shallow lot exception be approved with a Conditional Use Permit with biologist and hydrogeomorphologist reports. A variance application would not be required. (3) Flexible standards for the downtown area: The current General Plan states that the proposed ordinance shall have flexible standards for the downtown. As many lots in the downtown area are about 100 -feet in depth, a shallow lot exception would give these parcels relief from the setback. As shown in the diagrams below, by reducing both the front and rear setbacks for shallow lots, and by allowing additional provisions for non -conforming structures which were previously built within the setbacks, downtown parcels would be provided with flexible standards and relief from some standard requirements of the creek setbacks. 1. Standard lot setbacks: (35' total setback area) S-TpEf-I ) REAR 3ET'6R[,K =Roa+T Sti"r1bAUK. 4. Creek setbacks (proposed): (60' total setback area) F-- - 3 T5-1- STR e'T ) CONCLUSIONS: ITEM NUMBER: 4 DATE: 4-3-07 2. Shallow lot setbacks: (30' total setback area) _ ip� REAR 10 trp SST BAUD .STREET 3. Shallow lot creek setbacks (option): (35' total setback area; same as a standard lot) (CRE E K ) The proposed text amendments are consistent with the current General Plan, which is implemented by the Zoning Ordinance. The proposed amendments would replace the interim creek setbacks with the proposed setbacks, and a Creek Setback Ordinance would be added to Chapter 4, Site development Standards in the Municipal Code. G2titi� l�5' 90, S�L CBAC,Y� The proposed text amendments are consistent with the current General Plan, which is implemented by the Zoning Ordinance. The proposed amendments would replace the interim creek setbacks with the proposed setbacks, and a Creek Setback Ordinance would be added to Chapter 4, Site development Standards in the Municipal Code. ITEM NUMBER: 4 DATE: 4-3-07 ALTERNATIVES: 1. The Commission may recommend modifications of the text amendments to the City Council. 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 recommend the City Council deny the project. The Commission should specify the reasons for denial of the project and recommend an associated finding with such action. PREPARED BY: Callie Taylor, Assistant Planner ATTACHMENTS: Attachment 1: 2003-0007 General Plan Amendment Text Attachment 2: Tribal Council Review Letter Attachment 3: Draft Mitigated Negative Declaration 2006-0039 Attachment 4: Response to comments: Water Quality Board, Atascadero Historical Society, Atascadero Realtor's Association Attachment 5: Draft Resolution 2007-0019: Negative Declaration Attachment 6: Draft Resolution 2007-0020: General Plan Amendment Attachment 7: Draft Resolution 2007-0021: Zone Text Change ITEM NUMBER: 4 DATE: 4-3-07 ATTACHMENT 1: 2003-0007 General Plan Amendment Text Approved with ECOSLO settlement in 2004 Policy 8.2: Establish and maintain setbacks and development standards for creek side development. Program: 1. Adopt and maintain a creek setback ordinance that will establish building setbacks and development standards along the banks ofAtascadero Creek, Graves Creek, blueline creeks and the Salinas River to ensure the uninterrupted natural flow of the streams and protection of the riparian ecosystem with flexible standards for the downtown area. Responsibility: CDD, Planning Commission, City Council Timeframe: Adopt Ordinance in 20932005. 2. Prior to adoption of a creek setback ordinance an interim 2035 -foot creek setback shall be in effect along Atascadero Creek- and Graves Creek_ and-&UAII other 7.5 min g quadrangle blueline creeks shall have an interim 20 -foot setback. The interim setbacks shall be subject to the following: as -follows - a) On Atascadero Creek and Graves Creek setbacks shall be measured from the edge of the creek reservation. b) All other blueline creek setbacks shall be measured from ordinary high water mark. c) The Planning Commission may approve exceptions to the interim creek setbacks in the form of a Conditional Use Permit if the finding can be made that creeks, riparian areas and site improvement will not be negatively impacted by the exception. ITEM NUMBER: 4 DATE: 4-3-07 ATTACHMENT 2: Tribal Council Review Letter: Completion of 90 -day review Northern Chumash Tribal Council 11.77 Marsh Street, Suite. 11.0 San Luis Obispo, California 93401 805-773-0806 Callie Taylor February 28, 2007 Associate Planner 6907 El Camino Real Atascadero, CA 93422 Re: General Plan Amendment — Creek Setbacks Dear Callie: The Northern Chumash Tribal Council (NCTC) would like to thank you, Warren and Steve for the meeting we had to discuss the issues concerning the Creek Setback for the City of Atascadero. NCTC is in agreement with the proposed changes to Policy 8.2 with the following changes: 1. Policy 8.2 # 2 subparagraph c) -to included the wording "Archaeological Phase I study" 2. Policy 9-4.111 Blue Line Creek Setbacks section (c) —subsection (2) — (i) to included the wording "Archaeological Phase I study" and under subsection (2) — (i) — subsection (A) to included the wording "Archaeological Phase I study". Please send us a copy of the final draft of the new General Plan Amendment. Thank you, Fred Collins Spokesperson Northern Chumash Tribal Council ITEM NUMBER DATE: 4-3-07 ATTACHMENT 3: Initial Study and Mitigated Negative Declaration 2006-0039 SEE FOLLOWING ATTACHMENT 4: Comments: Water Quality Control Board Linda Adams . ku''viffr, f 1' Fnrirvnnreivrif prolerri" ITEM NUMBER: 4 DATE: 4-3-07 California Regional 'Water Quality Control Boar Central Coast Region February 26, 07 Callie Taylor 6907 EI Camino Real Atascadero, CA 93422 Ms. Callie Taylor: In temcc Address= harp Y. uurv. sw�rb.cn.8ov� rwq€ h3 1395 .Acrovista Place. Suite 101. San Luis Mmspo, C'aliromia 43141 Phone (905) 544-3047 • FAx 1805) 54313,197 a �A; Arnold tich�• Go" RECEIVED FEB 2 8 ?007 GOMIMIUId11I ' r•.r„ RE: Negative Declaration, Creek Setback Text Amendment, City of Atascadero, San Luis Obispo County SCH# 2007011138 Thank you for the opportunity to review and comment on the proposed Negative Declaration for the Creek Setback Text Amendment for the City of Atascadero, California. The Central Coast Water Board supports setbacks from creeks and rivers, and applauds the City of Atascadero for being proactive in this regard. We do, however, have some concerns. Research indicates that a fixed setback (buffer) distance for all streams is not appropriate. The buffer distance needed to protect water quality and habitat varies considerably with field conditions. For example, slope, stream width, flow regime, vegetation type, etc., all play a role in the determination of the correct buffer width. However, if a fixed buffer distance is to be used, research indicates that a 10-20 meter (32-65 feet) buffer on each side of the water course be used to protect stream temperature, with wildlife needing considerably wider buffers. Therefore, the Water Board does not support the 20 -foot setback applied to blue line streams and other '.significant drainage courses", but would support the 35 Foot buffer for these water bodies. The draft proposal states that exceptions to the ordinance would be considered, but would require a biologist and geomorphologisi report submitted to the Planning Commission for consideration. The exception would require a "Minor Conditional Use Permit," and would potentially allow a variance of the setback for Atascadero Creek, Graves Creek, Boulder Creek, and the Salinas River, allowing the setback to be reduced to 20 -feet. However„ as mentioned previously, it appears that the 35 -foot setback proposed for Atascadero, Graves, and Boulder Creeks, represent the minimum buffer recommended. Therefore, it would not be advisable to reduce the setback to 20 - feet under any circumstance; doing so could potentially cause a significant impact, and therefore the negative declaration would not apply. The draft proposed zoning ordinance defines a blue -line creek as a stream or watercourse indicated by a solid or broken line on a USGS 7.5 minute series quadrangle. However, there may be differences in blue lines on different printings of 7.5 minute quads. For example, a 1960's printing has very few blue lines within the city California ,Enverouniental Protection Agency Rex.rrlerl Paper ITEM NUMBER: 4 DATE: 4-3-07 ATTACHMENT 4: Comments: Water Quality Control Board Callie Taylor 2 of 2 . ebruary 25, 2007 of Atascadero. The Water Board recommends incorporating a map in the proposed ordinance that clearly defines the blue lines occurring within the city. Providing such a map in the ordinance would provide clarity for all stakeholders. The setback measurement on Atascadera Creek, Graves Creek, and Boulder Creek are to be measured from the "creek reservation." However, the creek reservation is not defined. The Proposed Zoning Ordinance states that some improvements are allowed within the setback zone. Allowed improvements include non-invasive landscaping, raised decks, and transparent fencing that does not block water flow. The Water Board does not support these allowed improvements. The following are examples of what could occur if these activities were allowed. Some landscaping, e.g. herbaceous vegetation could reduce shading if the previous vegetation were trees and/or shrubs, resulting in increased water temperature and perhaps erosion. Similarly, raised decks may result in the removal of shade -producing trees and/or shrubs. In addition, decking over riparian areas may negatively impact wildlife movement in the riparian corridor. Any type of fencing, whether transparent or otherwise, has the potential to impede wildlife movement through the riparian corridor. And finally, landscaping that requires vegetation management may rely on a variety of chemicals which pose a threat to water quality when applied near a waterbody. Water Board staff request that these issues be addressed and potentially mitigated for in any setback ordinance considered for adoption by the City of Atascadera. If you have any questions please contact Chris Rose at (805) 542-4770 or via email at crose@waterboards.ca.gov. Sincerely, C r If((, �R' oger W. Briggs Executive Officer 5:10EQA4Ccmment LetterslSan Luis OGispo CountyYCreek SeWack.doc California .Environmental Protection Agenry R,,,rled Paper ATTACHMENT 4: Response to Comments: Water Quality Control Board ITEM NUMBER: 4 DATE: 4-3-07 CITY OF ATASCADERO INITIAL STUDY RESPONSE TO COMMENTS FOR MITIGATED NEGATIVE DECLARATION #2006-0039 (Creek Setbacks: GPA 2006-0017 / ZCH 2006-0125 / PLN 2006-1139) Roger Briggs, California Regional Water Quality Control Board Dated February 26, 2007 1. Comment: A fixed setback is not as appropriate as site specific setbacks. Response: In order to create site specific setbacks, surveys and biologist reports would have to be completed to analyze all of the creeks and waterways within the City. At this time, it would be too costly for the City to identify site specific setbacks for all watercourses. Site specific setbacks could be determined by requiring the applicant to obtain a survey and biologist report during building permits, however this would put a costly burden on property owners if it was required with every building permit. The fixed setback will help to identify clear development standards for building near creeks and waterways in order to protect the creeks. Relief from the 35 -foot setback would still be possible with a Minor Conditional Use Permit if the applicant can show that the project meets all of the required findings and does not have a significant impact to the creek. 2. Comment: Recommend a 35 -foot buffer (rather than 20 -foot) on blueline creeks and other significant drainage courses. Response: This suggestion will be taken into consideration. However, at this time, a 35 -foot buffer on all blue line creeks and significant drainage courses may be viewed as a significant increase. The major creeks, including Atascadero Creek, Graves Creek, and Boulder Creek are proposed with the 35 -foot setback, consistent with the interim setbacks which have been in place. ITEM NUMBER: 4 DATE: 4-3-07 3. Comment: Not advisable to reduce the setback to 20 -feet with the Conditional Use Permit. Response: Given the idea that site specific setbacks are more desirable than fixed setbacks, the General Plan includes provisions to allow reduced setbacks with a Conditional Use Permit on sites where a 20 -foot setback would adequately protect the creek. A biologist, hydrogeomorphologist, and Archeological Phase 1 report would be required. The project would have to meet the required findings and show that the reduced setback would not have any negative impacts on the creek or the proposed development. 4. Comment: Recommend incorporating a map with the ordinance to show all bluelines. Response: This suggestion has been taken into consideration. A map will be included in the General Plan, the Zoning Ordinance, and/or as a link on the City's webpage. The City's GIS system maps all 7.5 minute series blueline reeks as shown on USGS quadrangle maps, which is available for public view in detail at City Hall. 5. Comment: Define creek reservation. Response: A definition has been included in the zoning Ordinance for the creek reservation. A creek reservation is a separate parcel, created on the original colony maps where the creek is located. Creek reservation are located over Atascadero Creek, Graves Creek, and Boulder Creek. 6. Comment: Allowed improves within setback not supported. Response: The City understands the concerns associated with allowing any improvements within the setback area. However, to restrict all use of the area within the setback would put too much restriction on individual property owners. The City believes that the allowed improvements listed have very little potential to harm the riparian area or the quality of water along the creeks. The allowed improvements enable the property owner to use of this portion of land for limited use. ATTACHMENT 4: Comments: Atascadero Historical Society ITEM NUMBER: 4 DATE: 4-3-07 Atascadero Historical Society Post Office Box 1047 Atascadero, California 93423 Phone (805) 466-8341 A Non -Profit Corporation -- ADMINISTRATION BUILDING CALIFORNIA STATE NIbTORICA. LANOMARR NUMBER /50 L IbItO IN NATIONAL REGISTRY OF-STORICAL FLACEb City of Atascadero Att: Warren Frace, Director of Community Development Subject: Creek setbacks ,�_z6-a7 I am responding to your letter regarding creek setbacks to the Atascadero Historical Society Board of Directors. We agree that creek setbacks are necessary for the protection of anyone building on creekside property. Erosion happens so setbacks will help to protect in time of floods. I personally prefer a 50 ft. setback on Atascadero Creek but the 35 ft. proposal is a good compromise. We favor your proposal. Thank you for the opportunity to comment. Sincerely Marjorie R. Mackey for The Atascadero Historical Society P.O. Box 1047, Atascadero, CA 93423 ITEM NUMBER: 4 DATE: 4-3-07 ATTACHMENT 4: Comments: Atascadero Association of Realtors March 22,2007 TO: Chairperson .loan O'Keefe Vice Chairperson Roberta Fonzi Commissioner Sandy Jack Commissioner Gregory W. Slane Commissioner Pamela Heatherington Commissioner Doug Marks Commissioner Daniel P. O'Grady Warren Frace, Community Development Director From The Atascadero Association of Realtors Subject: Proposal of zone change 2006-0125,General Plan Amendment 2006-0017, PLN 2006- 1139. The Atascadero Association of Realtors is aware of the above mentioned issues open for public comment at the April 3r", 2007 Planning Commission meeting. We have concerns regarding how and why the "creek set -back" changes are affecting the private property rights and values of current property owners and future property owners. We will attend the Planning Commission meeting of April 3°d, 2007 to voice our concems. As an advisory comment, there may be a higher than normal amount of public comment. Sincerely, Mark Gibbs Chairman, Governmental Affairs Committee Atascadero Association of Realtors (805) 459-7468 (direct) ITEM NUMBER: 4 DATE: 4-3-07 ATTACHMENT 5: Draft Resolution PC 2007-0019: Negative Declaration DRAFT RESOLUTION PC 2007-0019 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL CERTIFY PROPOSED NEGATIVE DECLARATION 2006-0039 PREPARED FOR GENERAL PLAN AMENDMENT 2006-0017 AND ZONE CHANGE 2006-0125 (PLN 2006-1139) (Citywide/City of Atascadero) WHEREAS, an application has been received from the City of Atascadero (6907 El Camino Real), to consider a project consisting of a General Plan Amendment and Zone Change Text Amendments; and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2006-0039 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 of the City of Atascadero held a public hearing on April 3, 2007 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, WHEREAS, the Planning Commission has determined that the project will have no significant impacts with project specific mitigation measures incorporated; and, NOW THEREFORE, the Planning Commission of the City of Atascadero, hereby resolves to recommend that the City Council certify Proposed Negative Declaration 2006-0039 based on the following Findings: 1. The Proposed Negative Declaration has been completed in compliance with CEQA; and, 2. The Proposed Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, 3. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project; and, 4. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, ITEM NUMBER: 4 DATE: 4-3-07 5. The project does not have impacts which are individually limited, but cumulatively considerable; and, 6. The project will not cause substantial adverse effects on human beings either directly or indirectly; and, BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Proposed Mitigated Negative Declaration 2006-0039 ITEM NUMBER: 4 DATE: 4-3-07 CITY OFATASCADERO PROPOSED NEGATIVE DECLARATION #2006-0039 6907 El Camino Rral, Ataseadero, CA 93422 S05 461-5000 Applicant: City of Ata±:adero, 6907 El Camilo Real. Ata±cadero, CA 93422 Phone: 905461-5000 Project Title: Zone Change 2006-0125, General Plan Amendment 2006-0017, PLN 2006-1139, Creel Setba:k Zoning Ordinance and Coral Plan Amendment Project CinZcide Location: Project The project consists of a proposed creep:setback ordinance to be included in Chapter 4, Site Description: Dr.elopment Stau.'s"'.-± of -itle 9. Planning and Zoning Ordinance. in the Atascaeeso Municip Code. Folloccing Cwefal Plan Policy S.2. revisiom to the General Plan are propo±ed which nruld :-place the interim creel setbacks. The updates are intended to establf±h a 34 foot ±etba:l alorz Atascadero Creel- Orr --es, Cfeel. and Boulder Creel :s3er: atiom. a fi8v foot ±-t3t9 1 alorE the Salina± River. and a tR'enty foot 3-tbac.1 along all other blue line creeks. C'etlands. and siezificant drainage cour3e3. The P19SS7ng CM.1S:tission .vould be able to approve e:tceptions to the creel setbacks in the form of a \finer Conditional l.se Permit cath a biologist and a !-pest if the proje: can fleet the required findings to show th3: the ::eel and surrounding habitat rill not be sim:ificantl•: affenled. Findings: 1. The project does not have the potential to degrade the environment. The project trill not achie•: a short -temp to the disadvantage of long-term environmental goals. 3. The project does not have impacts n}tich are individually limited, but cumulatively considerable. 4. The project v. -ill not cause substantial adverse effects on human beings either directly of indirectly. Determination: Based on the above findings. and the information contained in the initial study 2006-0039 (made a part hereof a: reference and on file in the Community Development Department), it has been determined the above project :: ill not have an adverse impact on the environment. Prepared By: Collis Taylor. Ami=nt Planner Date Posted: January 30, 2007 Public Review Ends: FebrnasyH, 2007 Attachments: Initial Study 2006-0039 ITEM NUMBER: 4 DATE: 4-3-07 ATTACHMENT 6: Draft Resolution PC 2007-0020: General Plan Amendment DRAFT RESOLUTION PC 2007-0020 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT 2006-0017, AMENDING THE LAND USE, OPEN SPACE, AND CONSERVATION ELEMENT OF THE ATASCADERO GENERAL PLAN (Citywide/City of Atascadero) WHEREAS, an application has been received from the City of Atascadero (6907 El Camino Real), to consider a project consisting of a General Plan Amendment consisting of text changes to LOC Policy 8.2. of the Land Use Element of the General Plan; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0039 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 has determined that it is in the best interest of the City to enact this amendment to the General Plan Land Use Element to protect the health, safety and welfare of its citizens; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject General Plan Amendment application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said General Plan Amendment; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on April 3, 2007, studied and considered General Plan Amendment 2006- 0017, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of a General Plan Amendment to the Land Use, Open Space, and Conservation Element of Atascadero as follows: ITEM NUMBER: 4 DATE: 4-3-07 1. The proposed amendment is in the public interest. 2. The proposed amendment is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. 3. The proposed amendment is compatible with existing development, neighborhoods and the environment. 4. The proposed amendment will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 5. The proposed amendment is consistent with adopted General Plan EIR and mitigation monitoring program. 6. The proposed amendment is in the best interest of the City to enact this amendment to the General Plan Land Use Element to protect the health, safety and welfare of its citizens and is compatible with existing and proposed development; and, SECTION 2. Recommendation of Approval. The Atascadero Planning Commission, in a regular session assembled on April 3, 2007, hereby resolves to recommend that the City Council approve General Plan Amendment 2006-0017 consistent with the following: 1. Exhibit B: General Plan LOC Policy 8.2. Text Amendment BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. ITEM NUMBER: 4 DATE: 4-3-07 On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: 4 DATE: 4-3-07 Exhibit B: General Plan LOC Policy 8.2. Text Amendment Goal LOC 8. Watershed areas of Atascadero shall be protected. Policy 8.2: Establish and maintain setbacks and development standards for creek side development. Program: 1. Adopt and m Maintain a creek setback ordinance that wilrwhich establishes building setbacks and development standards along the banks of Atascadero Creek, Graves Creek, Boulder Creek, blue line creeks -anal -the Salinas River,iurisdictional wetlands, and any other significant drainage courses to ensure the uninterrupted natural flow of the streams and protection of the riparian ecosystem with flexible standards for the downtown area. 2. be in ^ff^^} a'^^^ Atascadero Creek, Graves Creek, and Boulder Creek shall have a 35 -foot setback o. All other 7.5 min USGS quadrangle blue line creeks, jurisdictional wetlands, and other significant drainage courses shall have an anter-im 20 -foot setback. The Salinas River shall have a 50 -foot setback. The ir�ter+m setbacks shall be subject to the following: a) On Atascadero Creek, Graves Creek, and Boulder Creek setbacks shall be measured from the edge of the creek reservation. b) All other blue line creeksc^'�ks'the Salinas River, and any other significant drainage courses shall have setbacks measured from the ordinary high water mark. c) The Planning Commission may approve exceptions to the iRteFiM setbacks in the form of a Minor Conditional Use Permit with a biologist report, a report prepared by a professional engineer or geologist qualified in hydrogeomorphology, and an Archaeological Phase 1 study. if the finding can be made that Greeks, riparian aFeas and site iimp. --ne. it wall not be negatively 4mpaGte J by the ^ eptien ITEM NUMBER: 4 DATE: 4-3-07 ATTACHMENT 7: Draft Resolution PC 2007-0021: Zone Text Change DRAFT RESOLUTION PC 2007-0021 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND THE ATASCADERO MUNICIPAL CODE BY APPROVING ZONE CHANGE 2006-0125 TO ESTABLISH A CREEK SETBACK ORDINANCE (Citywide/City of Atascadero) WHEREAS, an application has been received from the City of Atascadero (6907 El Camino Real), to consider Zone Change Text Amendments to create a Creek Setback Ordinance to coincide with the General Plan requirements; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0039 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 has determined that it is in the best interest of the City to enact this amendment to Title 9 Planning and Zoning of the Municipal Code; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Planning and Zoning Text Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Planning and Zoning Text Amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on April 3, 2007, studied and considered Zone Change 2006-0125; and, NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of a Zone Text Change. The Planning Commission finds as follows: ITEM NUMBER: 4 DATE: 4-3-07 1. The Planning and Zoning text change is consistent with General Plan policies and all other applicable ordinances and policies of the City. 2. Amendment of the Zoning Ordinance will provide for the orderly and efficient use of lands where such development standards are applicable. 3. The text change will not, in itself, result in significant environmental impacts. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on April 3, 2007 resolved to recommend that the City Council introduce for first reading by title only, an ordinance that would amend the City Planning and Zoning code text with the following: Exhibit C: Zoning Ordinance Text Amendment BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: 4 DATE: 4-3-07 Exhibit C: Zoning Ordinance Text Amendment Title 9 PLANNING AND ZONING Chapter 4 GENERAL SITE DESIGN AND DEVELOPMENT STANDARDS 9-4.101 Purpose. 9-4.102 Applicability of the standards. 9-4.103 Setbacks. 9-4.104 Exceptions to setback standards. 9-4.105 Use of setbacks. 9-4.106 Front setbacks. 9-4.107 Side setbacks. 9-4.108 Rear setbacks. 9-4.109 Interior setbacks and open areas. 9-4.110 Projections into required setbacks. 9-4.111 Setbacks from blueline creeks 9-4.1124 Heights. 9-4.1132 Measurement of height. 9-4.1143 Height limitations. 9-4.1154 Parking and Loading. 9-4.116 Off-street parking required. 9-4.117 Location of parking on a site. 9-4.1181 Parking design standards. 9-4.1199 Required number of parking spaces. 9-4.1204�< Parking lot construction standards. 9-4.1219 Off-site parking. ITEM NUMBER: 4 DATE: 4-3-07 9-4.122 Off-street loadina reauirements. 9-4.1233 Drive-in and drive-through facilities. 9-4.1243 Driveway standards for single-family residential uses. 9-4.1254 Landscaping, screening and fencing. 9-4.1265 LandscaDe standards. 9-4.1276 Standards for landscaaina materials. 9-4.128 Landscaping plans. 9-4.129 Fencing and screening. 9-4.130 Solid waste collection and disposal. 9-4.137 Exterior lighting. 9-4.138 Grading. 9-4.139 Grading plan required. 9-4.140 Grading permit required. 9-4.141 Grading permit: Application content. 9-4.142 Grading permit review and approval. 9-4.143 Special grading standards. 9-4.144 Grading standards. 9-4.145 Sedimentation and erosion control. 9-4.146 Nuisance and hazard abatement. 9-4.148 Drainage. 9-4.149 Drainage plan required. 9-4.150 Environmental determination required. 9-4.151 Drainage plan preparation and content. 9-4.152 Drainage plan review and approval. 9-4.153 Plan check, inspection and completion. 9-4.154 Drainage standards. ITEM NUMBER DATE: 4-3-07 9-4.156 Street trees (Reserved). 9-4.157 Tree management plan (Reserved). 9-4.158 Street and frontage improvements. 9-4.159 Curbs, gutters and sidewalks. 9-4.160 Streets. 9-4.162 Archeoloaical resources. 9-4.164 Lot line adjustment review for flag lots. ITEM NUMBER: 4 DATE: 4-3-07 9-4.103 Setbacks. The following sections establish standards for the use and size of building setbacks. The purpose of these standards is to provide for open areas around structures where needed for: visibility and traffic safety; access to and around buildings; access to natural light, ventilation and direct sunlight; separation of incompatible land uses; and space for privacy, landscaping and private recreation. These standards are organized as follows: 9-4.104 lExceptions to setback standards. 9-4.105 Use of setbacks. 9-4.106 IFront setbacks. 9-4.107 ISide setbacks. 9-4.108 IRear setbacks. 9-4.109 linterior setbacks and open areas. 9-4.110 jProjections into required setbacks. 9-4.111 Isetbacks from blueline creeks (Ord. 68 § 9-4.103, 1983) ITEM NUMBER DATE: 4-3-07 9-4.111 Blueline Creek Setbacks (a) Definition: Blueline creek: A creek, stream or watercourse indicated by a solid or broken blue line on a U.S. Geologic Survey 7.5 minute series quadrangle (b) Development setbacks for creekside development are as follows: (1) Atascadero Creek, Graves Creek, and Boulder Creek. Thirty-five (35) foot setback measured from the edge of the creek reservation; (2) Where Atascadero Creek, Graves Creek, and Boulder Creek channels are located outside of creek reservations, a twenty (20) foot setback measured from the ordinary high water mark shall be required; (3) Blueline creeks. Twenty (20) foot setback measured from ordinary high water marks; (4) Significant drainage courses. Twenty (20) foot setback measured from ordinargh water mark for other significant drainage courses as identified by Army Corps of Engineers, Department of Fish and Game, and/or qualified biolo ig st or hydro eg omorphologist; (5) Jurisdictional Wetlands. Twenty(20) foot setback measured from jurisdictional wetland boundary as defined by a qualified biologist; (6) Salinas River. Fifty (50) foot setback measured from the ordinary high water mark. (c) Improvements permitted within setbacks: (1) Bridges (2) Engineered drainage outlet; (3) Minor landscape features not requiring grading; (4) Non-invasive landscaping installation; (5) Raised decks; (6) Repairs to existing structures and facilities; 7 Trails; (8) Transparent fencing which does not block water flow; (9) Underground utilities that are permitted by the AM Copps of Engineers, California Department of Fish and Game, and/or Regional Water Quality Control Board; 00) Water course monitoring or gauging facilities operated by local, State, or Federal Agencies. (d) Improvements not permitted within setbacks include, but are not limited to: (1) Detention basins; (2) Grading (cut or fill (3) Over -excavation; (4) Parking, driveways, other vehicular surfaces; (5) Removal or disturbance of riparian vegetation, unless permitted by the California Department of Fish and Game; (6) Retaining walls; (7) Septic systems (see section 8-5.103 Table 4.3 for septic setback requirements (8) Structures (except as listed in section (c) above). (e) Exceptions. (1) Structures that were legally_ permitted before the effective date of this ordinance shall be permitted to remain; ITEM NUMBER DATE: 4-3-07 (2) The Planning Commission may approve exceptions to creek setbacks for Atascadero Creek, Graves Creek, Boulder Creek, and the Salinas River with a minor Conditional Use Permit. A biologist -.port, a hydro _ eo�morpholoig st report, and an Archaeological Phase 1 studv shall be reouired. (i) Requirements for biologist and hydro e�rpholo-ig st reports: (A) Qualified biologist and professional geologist or engineer who is qualified in hydro - eo�morphology; (B) Topographical and vegetation survey of creek channel with one (1) foot contour lines at one (1) to twenty (20) foot scale from bank to bank to include one hundred (100) feet up and down steam from property lines. Survey shall identify thi . five (35) foot setbacks; (C) Engineeredrg ading and drainage plan of the entire site which includes the creek survey shall be provided; (D) Written analysis of the project impacts with an assessment of the potential impacts to the creek flow, bank stability, riparian vegetation and habitat, water quality, and any structures resulting from the reduced setback shall be provided; (E) Mitigation measures. (ii) Required findings for Planning Commission approval; (A) Creek channel and storm water flows will not be significantly impacted; (B) Habitat and riparian vegetation will not be significantly impacted; (C) Native trees and canopies will not be significantly impacted; (D.) Water quality will not be significantly impacted; (E) Bank stability will not be significantly impacted; (F) Proposed improvements will not be subject to damage caused by creek bank migration. (G) Archeological resources will not be significantly impacted. ITEM NUMBER: 4 DATE: 4-3-07 Chapter 9 GENERAL DEFINITIONS 9-9.102 General definitions. A -weighted sound level. The sound level in decibels as measured on a sound level meter using the A -weighting network. The level so read is designated "db(A)" or "&A." Above grade. Any elevation higher than the natural ground contour. Access. The safe, adequate, usable means of vehicular or pedestrian entrance or exit to a site. Agriculture. The science and art of farming, producing crops, floriculture, horticulture and animal husbandry. Agricultural accessory building. An uninhabited structure, designed and built to store farming animals, implements, supplies, or products (not including commercial greenhouses or buildings for agricultural processing activities), which is not used by the public. Agricultural products. Food and fibre in their raw, unprocessed state (except for such field processing that may occur in conjunction with harvesting) and ornamental plant materials. Air contaminant. Any combination of smoke, charred paper, dust, soot, carbon, noxious acids, fumes, gases, or particulate matter. Ambient noise level. The composite of all noises from all sources near and far. In this context, the ambient noise level is the normal or existing level of environmental noise at a given location. Apartment. A room or flat occupied or designed to be occupied by one family for living or sleeping purposes with cooking facilities. Apartment house or multiple dwelling unit. A building or portion of a building designed or used for occupancy by three or more families living independently of each other and containing three or more dwelling units. Appeal, scope of. The matters to be heard on appeals filed pursuant to this title shall be confined to the project as proposed to the original or first decision maker, without change. However, the applicant, or person appearing on appeal, shall not be prevented from submitting information concerning the unchanged proposal which had not been submitted with the original proposal. Arcade. Any site or business providing in part or as a whole, an amusement service consisting of coin-operated games or devices, where more than five (5) coin-operated games or devices are present or where more than twenty-five (25) percent of the public area is used for the placement or operation of such games or devices. Archeological Phase 1 Study. A complete surface survey done byqualified archeologist to determine what is located on a site. Archeological resource. Any Native American or pre-Columbian artifact or human remains. Basement. That portion of a building between the floor and ceiling that is partly below and partly above grade so located that the vertical distance from grade to the floor below is less than the vertical distance from grade to ceiling. Billboard. See "Sign. Off -Premises." Blueline Creek. A creek, stream or watercourse indicated by a solid or broken blue line on a U.S. Geologic Survey 7.5 minute series quadrangle map and/or shown on Figure II -8 of the 2002 General Plan. Boardinghouse. A boardinghouse is a structure where lodging and meals are furnished for compensation to at least five (5) persons. ITEM NUMBER: 4 DATE: 4-3-07 Buildable area (developable area). The area of the site in which structures may be located, not including required yard areas (see Figure 9-A). l MDf IReK• e%v tee ref.. #Net items FIGURE 9-A: BUILDABLE AREA Building. Any structure having a roof supported by columns and/or walls and intended for shelter, housing, and/or enclosure of any person, animal or chattel, but not including tents or mobilehomes. Building, accessory. A detached subordinate building the use of which is incidental to that of a main building on the same lot. Building and construction ordinance. Title 8 of this Code. Building face. The exterior walls of a building extending vertically from the building line. Building height. The vertical distance from the average level of the highest and lowest point of that portion of the lot or building site covered by the building to the topmost point of the structure, excluding chimneys or vents (see Figure 9-B). Nk tf1 BUILDING IGNFS PDINT E., �f HEIGMT DUIL'iIMG ff AVERAGE Of k1GNESr AND LOWEST POINTS LDWEST POIM! UNDER BUILDING FIGURE 9-B: BUILDING MIGHT ITEM NUMBER: 4 DATE: 4-3-07 Building, main or principal. A building where the principal use of its lot and or building site is conducted. Building site. The area within a lot of record (or contiguous lots under single ownership) actually proposed for development with buildings or structures, including areas immediately adjacent to the buildings or structures to an extent equivalent to any required setback areas. Carport. A permanent roofed structure with not more than two enclosed sides, which is used or intended to be used for automobile shelter or storage. Channel. The area occupied by the normal flow of an intermittent of perennial stream during nonflood conditions. Combustible liquid. Any liquid having a flash point at or above 100° F. and below 200° F., including but not limited to diesel fuel, kerosene and Jet A. Commercial coach. A vehicle, with or without motive power, including any mobilehome or recreational vehicle, designed and equipped for human occupancy. Commission. The Planning Commission of the City. Common wall development. Two (2) residences on adjoining lots, constructed so that they abut each other at their common property line (see Figure 9-C). S T R I ET FIC13RF. 9-C: COMMON WALL DEVELOPMENT Communication towers. Any tower or other structure erected for the purpose of radio, television or microwave transmission or line -of -sight relay devices. Community sewer system. A sewage effluent collection network, treatment and disposal facilities provided within a prescribed service boundary, which results in the primary, secondary, or tertiary treatment of such effluent. Community water system. A water storage and distribution network for the provision of potable water to the public for human consumption within a prescribed service boundary, operated and maintained by the Atascadero Mutual Water Company. Construction. Any site preparation, assembly, erection, substantial repair, alteration or similar ITEM NUMBER: 4 DATE: 4-3-07 action, for or of rights-of-way, structures, utilities or similar property. Construction permit. Any or all of the various entitlements established by Title 8 of this Code that authorize commencement of construction activities, including but not limited to building permits, grading permits, electrical and plumbing permits, demolition permits and moving permits. Convalescent hospital. A place or institution which provides for bed care or for chronic convalescent care for two (2) or more persons, exclusive of relatives, who by reason of illness or physical infirmity are unable to care for themselves. Council. The City Council of the City. County. The County of San Luis Obispo. Coverage. Site or lot coverage means the extent of a lot of record occupied by structures and paving. Creek Reservation. An unbuildable parcel located over Atascadero Creek, Graves Creek, or Boulder Creek, which is identified on 1913 Atascadero Colony Maps as "Creek Reservation." Crop production. Includes the following crop types and activities and further defined as indicated: (a) Specialty Crops. Strawberries, herb crops, flower seed and cut flower crops (open field), kiwi vines, edible pod peas, bushberry crops, Christmas trees and other outdoor ornamentals, intensive horticulture, sod farms, clover seed, hops, and wholesale nurseries (see separate definition). (b) Row Crops. All vegetable truck crops except edible pod peas. Includes lima and snap beans. (c) Orchards. All fruit and nut tree crops. Does not include kiwi, berry, or other vine crops. (d) Field Crops. Beans other than snap or lima beans, barley, oats, safflower, wheat, grain and hay including alfalfa, silage and grain corn, sugar beets, melons, cotton. (e) Rangeland. Grazing of livestock on grasses without irrigation. (f) Pasture (Irrigated). Grazing of livestock on irrigated grasses. (g) Vineyards. Grapevines. (h) Preparation For Cultivation. Land -contouring, clearing, irrigation construction and other preparation of soil for crops. (i) Field Processing. Mechanical processing of crops in the field at harvest, when such activities do not involve a permanent structure. Such activities include but are not limited to hay baling and field crushing of grapes. Dance club or nightclub. Establishment providing for live or recorded music and an area for dancing, including disco. Dance studio or school. An establishment where instruction in the dance arts (ballet, modern dance or any other dance form) is provided students for a fee, except where instruction in predominantly social dance is provided on the premises of a dance club as defined by this title. Density. The measure of the ratio of population to the area of land occupied by that population, which may be expressed as dwelling units per acre, families per acre, persons per acre, or conversely as acres per dwelling unit or square feet per dwelling unit. "Gross density" is the number of lots derived from dividing the area of a site by the area required for each lot or dwelling unit. "Net density" is the number of lots resulting from subtracting the area required for streets from the total area of the undivided site, and then dividing the remaining area by the area required for each lot. Development. Any activity or alteration of the landscape, its terrain contour or vegetation, ITEM NUMBER: 4 DATE: 4-3-07 including the erection or alteration of buildings or structures. New development is any construction, or alteration of an existing structure or land use, or establishment of a land use after the effective date of this title. Discretionary permit. An entitlement that may be issued under the provisions of this title, but requires the exercise of judgment and the resolution of factual issues to determine if the application and requested entitlement conform with the provisions of this title. Generally, a discretionary permit consists of any entitlement that requires a decision to approve, approve subject to conditions or disapprove, based on the judgment of the Planning Commission after a hearing (see "Ministerial Permit"). Drainage facilities. Constructed improvements for the storage or conveyance of storm runoff in drainage channels, including channels, culverts, ponds, storm drains, drop -inlets, outfalls, basins, pumps, gutter inlets, manholes, and conduits. Dredging. Mechanical alteration of the grade of bottom sediments in any body of water. Drive-in restaurant. Any building or structure in which food or drink are prepared for service to customers outside such buildings or structure or to customers occupying vehicles outside such structure, even though food and drink are served to customers inside such building or structure. Shall include self-service restaurants for food take-out. Driveway. A road providing access to a site or land use from a street. A driveway serves no more than four (4) separately owned parcels (see also, "Road, Private"). Dude ranch. Transient guest occupancy facilities incidental to a working ranch, which may include other accessory recreational facilities and common eating facilities open to overnight guests only. Dwelling unit. An independent, attached or detached residential building designed to house and provide living space, including kitchen and bathroom facilities, for an individual family. Entitlement. Authority acquired by an applicant after receiving approval of an application. For the purposes of this title, land use entitlements are the plot plan, precise plan and conditional use permit (see "Zoning Approval"). Exploration. The search for minerals by geological, geophysical, geochemical or other techniques including, but not limited to, sampling, assaying, drilling, or any surface or underground works used to determine the type, extent, or quantity of minerals present (includes prospecting). Extraction. The removal from the earth of oil, gas or geothermal resources by drilling, pumping or other means, whether for exploration or production purposes. Family. One person living alone or two (2) or more persons related each to all others by blood, marriage or legal adoption, or a group of no more than five (5) unrelated persons living in a single dwelling. Family, immediate. Relatives of an applicant or spouse of applicant, limited to grandparents, parents, children, and siblings. Flammable liquid. Liquids with flash points below 100° F., including but not limited to gasoline, acetone, benzene, ethyl ether and ethyl alcohol. Flash point. The minimum temperature of a liquid at which sufficient vapor is given off to form an ignitable mixture with the air near the surface of the liquid. Flood fringe. That portion of the floodplain outside the floodway. Flood, 100 -year. A flood inundation event, the extent of which has a statistical probability of occurring once every one hundred (100) years. ITEM NUMBER: 4 DATE: 4-3-07 Floodplain. Land that has been or may be hereafter covered by flood water, including but not limited to the one hundred (100) year flood. Flood profile, storm. A graph or longitudinal profile showing the relationship of the water - surface elevation of a flood event to location along a stream or river. Floodproofing. Any combination of structural provisions or adjustments in areas subject to flooding primarily to reduce or eliminate flood damage to properties, water and sanitary facilities, structures, and the contents of buildings in a flood hazard area. Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved to discharge the one hundred (100) year flood without cumulatively increasing the water surface elevation more than one foot. Floor area. Includes the total floor area of each floor of all buildings on a site, including internal circulation, storage and equipment space, as measured from the outside faces of the exterior walls, including halls, lobbies, stairways, elevator shafts, enclosed porches and balconies. Frontage. A property line of a lot that abuts a street. Primary frontage is indicated by the street for which the property is given a street number. Secondary frontage includes all other frontages. Garage, private. A building for storing self-propelled vehicles that is not open to the public, which may include an accessory workshop. Garage, public. Any premises (except a private garage) used for the storage and/or care of self- propelled vehicles, or where such vehicles are equipped for sale or lease. General Plan. The City of Atascadero General Plan, including all elements thereof and all amendments thereto. Government Code. The Government Code of the State of California. Grazing. For the purposes of this title, grazing means the keeping for commercial purposes of cattle, horses or sheep using feed produced on the site. Greenhouse. See "Nursery." Guesthouse. Sleeping facilities detached from a principal residence and occupied for the sole use of members of the family, temporary guests or persons temporarily employed on the premises; which may include a bathroom and other living space, but not kitchen facilities. Health Department. The County of San Luis Obispo Health Department under contract to the City of Atascadero. Home occupation. Any use customarily conducted entirely within a dwelling or building accessory thereto and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the structure for dwelling purposes and which use does not change the character thereof and does not adversely affect the uses permitted in the zone of which it is a part. Hospital. An institution providing physical or mental health services inpatient or overnight accommodations and medical or surgical care of the sick or injured. Hotel. A building containing six (6) or more rooms intended or designed to be used, or which are used, rented or hired out to be occupied for sleeping purposes by guests. Hydrogeomorphology. The study of the physical gppearance and operational character of a waterway as it adjusts its boundaries to the magnitude of stream flow and erosional debris produced within the attendant watershed. Impulsive sound. Sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, hammering, and discharge of firearms. Inoperative vehicle. Any vehicle which is not currently registered or which is not capable of ITEM NUMBER: 4 DATE: 4-3-07 self -propulsion. Irrigated. A lot having existing wells, water storage, and/or drip irrigation system adequate to support any crop suited to the soil type and climate of a site. Jurisdictional Wetland. An area which meets the criteria established by the US Army Cotes of Engineers for a wetlands, including being regularly saturated by surface water or groundwater and supporting an ecosystem of plants and animals that are adapted to wet conditions. Junk yard. An area improved or unimproved in excess of two hundred (200) square feet: (a) Upon or in which is stored or kept junk salvage materials, scrap metals, inoperative vehicles and equipment or any combination thereof, or (b) Upon or in which vehicles, equipment or other property is dismantled or wrecked; or (c) Upon or in which salvage materials, inoperative vehicles or equipment, or parts therefrom, or scrap metals, or any combination thereof, is kept for resale. Materials or equipment kept on any premises for use in the construction of any building on such premises, and any materials or equipment customarily used on a farm or ranch, and so situated, shall not be deemed "junk" or "salvage material" within the meaning of this section. Light source. A device that produces illumination, including incandescent light bulbs, fluorescent and neon tubes, halogen and other vapor lights and reflecting surfaces or refractors incorporated into a lighting fixture. Any translucent enclosure of a light source is considered to be part of the light source. Loading space. A space used exclusively for loading or unloading of other than passengers from vehicles into the floor area, use area, or storage area of a building. Lot, corner: Side and front. A corner lot is located immediately adjacent to the intersection of two public vehicular rights-of-way, including railroads. The narrowest frontage of a corner lot facing the street is the front and the longest frontage facing the intersecting street is side, regardless of the direction in which the dwelling faces (see Figure 9-13). FIGURE 9-D: CORNER LOYANDKEY LOT Lot depth. The horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines. Lot, double -frontage. A lot extending between two streets, so that both front and rear yards abut a street (see Figure 9-E). ITEM NUMBER: 4 DATE: 4-3-07 t 1 J- �r T A [ [ T FIGtiRE 9-E: DOtiBI,F FRONTAGE LOT Lot, key. The lot located immediately adjacent to a corner lot, oriented so the narrowest dimension of one of the corner lot side yards is adjacent to the narrowest dimension of the front yard of the key lot (see Figure 9-D). Lot width. Distance between interior property lines measured along the front setback line. Mined lands. Includes the surface, subsurface. and groundwater of an area where surface mining operations will be, are being, or have been conducted, including all accessory access roads, land excavations, workings, mining waste, and areas where structures, facilities, and surface mining equipment, machines, tools or other material or property are located. Minerals. Any naturally occurring chemical element, compound or groups of elements and compounds, formed from inorganic processes or organic substances, including but not limited to coal, granite, limestone, metals, peat, "redrock" sand and gravel, tar sand and bituminous sandstone, but excluding geothermal resources, natural gas, and petroleum. Mining waste. Includes residual soil, minerals, liquid, vegetation, tailings, abandoned equipment, tools, other materials or physical conditions directly resulting from or displaced by mining. Ministerial permit. Any permit that may be issued under the provisions of this title without review by the Planning Commission or City Council. A ministerial decision involves only the evaluation of a proposal with respect to fixed standards or objective measurements, without the use of subjective criteria. Nonresidential use. All uses of land including agricultural, communication, cultural, educational, recreation, manufacturing, processing, resource extraction, retail trade, services, transient lodging, transportation and wholesale trade uses. Nursery school. See "Preschool." Obstruction in floodway. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building, wire fence, rock, gravel, refuse, fill, structure or matter in, along, across, or projecting into any channel, watercourse, or flood hazard areas that may impede, retard or change direction of flow, either in itself, or by catching or collecting debris carried by such water, or that is placed where it might be carried downstream and damage life or property. Occupant. The person occupying, or otherwise in real or apparent charge and control of, a ITEM NUMBER: 4 DATE: 4-3-07 premises. Official plan line. A line adopted by the City Council to indicate the area proposed to be acquired for an enlarged right-of-way. Open area. All areas of a lot not included within the definition of floor area: parking, recreation spaces, passive open areas landscaped areas and other open, unpaved areas of the site. Ordinary High Water Mark. The top of the bank of the channel, typically the same as the ten- year flood plane; location to be determined by an engineer or biologist. Outdoor activity area. Any part of a site where commercial, industrial, recreation or storage activities related to the principal use of a site are conducted outdoors, except for parking. Owner. The person or persons, firm, corporation or partnership that is the owner of record of a premises identified on the last equalized assessment roll. Ownership. Ownership of one or more parcels of land (or possession under a contract to purchase or under a lease the term of which is not less than ten (10) years) by a person or persons, firm, corporation or partnership, individually, jointly, in common or in any other manner whereby such property is under single or unified control. Parcel. (a) A parcel of real property shown on a subdivision or plat map, required by the Subdivision Map Act or local ordinance adopted pursuant thereto, to be recorded before sale of parcels shown on the map or plot, at the time the map was recorded; (b) A parcel of real property that has been issued a certificate of compliance pursuant to Government Code Section 66499.35; or (c) A parcel of real property not described in (a) or (b) of this definition, provided the parcel resulted from a separate conveyance or from a decree of a court of competent jurisdiction which was recorded before the requirement of the filing of the subdivision map by the Subdivision Map Act or local ordinance adopted pursuant thereto. Person. Any individual, firm, copartnership, corporation, company, association, joint stock association, city, county, state or district; and includes any trustee, receiver, assignee, or other similar representatives thereof. Planning Department. The City of Atascadero Planning Department, including the Planning Director and all subordinate employees. Planning Director. The Planning Director of the City of Atascadero. As used in this title, Planning Director may include designated staff of the Planning Department when acting in an official capacity. Porch. Outdoor steps, stairs, and/or a raised platform less than one hundred (100) square feet in area, located immediately adjacent to the entry of a building for the purpose of providing pedestrian access from the outdoor ground elevation to a building interior. If the platform portion of a porch, not including steps, is more than one hundred (100) feet, it is considered a deck. Preschool. Any type of group child day care programs including nurseries for children of working mothers, nursery schools for children under the minimum age for education in public schools, parent cooperative nursery schools and programs covering afterschool care for school children provided such establishments are institutional in character and are licensed by the State or County and conducted in accordance with State requirements. Project. Any land use, activity, construction or development which is required to be authorized by a zoning approval pursuant to this title before beginning construction or establishment of the use. ITEM NUMBER: 4 DATE: 4-3-07 Property line. The recorded boundary of a lot of record. Property line, front. The recorded boundary between the front yard of a lot of record and the abutting public or private street right-of-way. Property line, interior. The recorded boundary between two (2) or more lots of record. Property line, street frontage. The recorded boundary between a lot of record and a street right- of-way. Public Resources Code. The Public Resources Code of the State of California. Public utility. A company regulated by the California Public Utilities Commission. Reader board. A sign that accommodates changeable copy and which displays information on activities and events on the premises, but not including a marquee. Reclamation. The process of land treatment that minimizes and mitigates otherwise unavoidable or existing water degradation, air pollution, damage to aquatic or wildlife habitat flooding, erosion, and other adverse effects from surface or underground mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed and restored to a usable condition readily adaptable for alternate land uses and that will constitute no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other measures. Reclamation plan. A mine operator's completed and approved plan for reclaiming the lands affected by mining operations conducted after January 1, 1976, as called for in Section 2772 of the Public Resources Code. Recreational vehicle. A motorhome, house car, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation or recreational or emergency occupancy, eight (8) feet or less in width and forty (40) feet or less in length. Recycling facility. Any lot or portion of a lot used for the purpose of outdoor storage, sorting, handling, processing, dismantling, wrecking, keeping or sale of inoperative, discarded, wrecked, or abandoned appliances, vehicles, boats, building materials, machinery, equipment, or parts thereof, including but not limited to scrap materials, wood, lumber, plastic, fiber, or other tangible materials that cannot, without further reconditioning, be used for their original purposes. Includes wrecking yards for vehicles. Residential care facility. Any facility, place, or building that is maintained and operated to provide nonmedical residential care or day care, services for children or adults (except for preschools which are separately defined) who are physically handicapped or mentally retarded. Resource extraction well. Any facility constructed or installed for the purpose of extracting minerals from the earth that occur in a fluid or gaseous state, or minerals converted to a gaseous or semifluid state through extraction processes, which involve the penetration of subterranean regions by means of drilling apparatus. For the purposes of this definition only, mineral resources include oil, gas, geothermal steam, or other subterranean deposits, except water. Extraction wells as defined herein may be for purposes of exploration or production. Rest home. See "Residential care facility." Revegation. Any combination of mechanical or other means by which a graded surface is returned to a condition where it supports significant natural vegetation. Right-of-way. A road, alley, pedestrian or other access right-of-way with width described in recorded documents. Road, private. A road providing vehicular access to four (4) or more lots of record that is not in ITEM NUMBER: 4 DATE: 4-3-07 the City -maintained road system. Road, public. A road providing vehicular access that is in the City -maintained road system. Scrap. Used metal including appliances and machine parts, which can be recycled or reused only with repair, refurbishing, or attachment to other such materials. Sedimentation. The addition of soil materials through erosion to a stream or water body that increases the turbidity of the water. Setback. An open area on a lot between a building and a property line unoccupied and unobstructed from the ground upward, except as otherwise provided in Section 9-4.103 (see Figure 9-F). a.ef afMK. ��.sA M aR �1Mw, trate r.tarYw �.ewi M.a.Gt FIGURE 9-F: SETBACKS AND BUILDABLE AREA Setback, front. An open area without structures, extending across the front of a lot between the side property lines. The front of a lot is the most narrow dimension of the lot parallel to a street and adjacent to that street, except as provided for flag lots with both fee title and easement access strips where applicant may determine that portion of the site to constitute the front yard. Setback, interior. Any open area of a site not within a required front, rear, or side setback area (see Figure 9-17). Setback line. The line formed by the measurement of required front, side, or rear yard areas required by this title. All setback lines together define the buildable area. Setback, rear. A primarily open area without principal structures, extending across the full width of the lot and measured between the rear line of the lot and the nearest line of the building (see Figure 9-17). Setback, side. A primarily open area without principal structures, between the side line of the lot and the nearest line of the building and extending between the required front and rear setbacks (see Figure 9-17). Sign. Any visual device or representation designed or used for communicating a message, or identifying or attracting attention to a premises, product, service, person, organization, business or event, not including such devices visible only from within a building. Sign area. The area of the smallest rectangle within which a single sign face can be enclosed. Sign copy. The information content of a sign, including text, illustrations, logos, and trademarks. ITEM NUMBER: 4 DATE: 4-3-07 Sign, directory. A sign identifying the location of occupants of a building or group of buildings which are divided into rooms or suites used as separate offices, studios or shops. Sign, exterior -illuminated. Any sign, any part of which is illuminated from an exterior artificial light source mounted on the sign, another structure, or the ground. Sign face. The visible portions of a sign including all characters and symbols, but excluding structural elements not an integral part of the display. Sign, freestanding. A sign not attached to any buildings and having its own support structure. Sign, freeway identification. An on-site sign permitted for a highway -oriented use. Sign height. The vertical distance from average adjacent ground level to the top of the sign including the support structure and any design elements. Sign, identification. Any sign identifying an occupant, apartment, residence, school, church, or certain business uses and not advertising any product or service. Sign, interior -illuminated. A sign with any portion of the sign face or outline illuminated by an interior light source. Sign, monument. A self -supported sign with its base on the ground, not exceeding six (6) feet in height. Sign, nonilluminated. A sign illuminated only incidentally by ambient light conditions. Sign, off -premises. A sign directing attention to a business, service, product, or entertainment not sold or offered on the premises on which the sign is located. Sign, political. A sign drawing attention to or communicating a position on any issue, candidate, or measure in any national, state, local or school campus election. Sign, price. A sign on the premises of a gasoline service station, identifying the cost and type or grade of motor fuel only. Sign, roof. Any sign located on, or attached to the roof of a building. Sign, suspended. A sign attached to and located below any permanent eave, roof, or canopy. Sign, temporary. A sign used not more than sixty (60) days, or other period limited by the duration of a temporary use. Sign, wall. A single -faced sign painted on or attached to a building or wall, no part of which extends out from or above a wall more than six (6) inches. Sign, window. A sign displayed within a building or attached to a window but visible through a window or similar opening for the primary purpose of exterior visibility. Site area, gross. The total area of a legally created parcel (or contiguous parcels of land in single or joint ownership when used in combination for a building or permitted group of buildings), including any ultimate street right-of-way, existing rights-of-way deeded to the parcel, and all easements, except open space easements, across the site. Site area, net. The gross site area minus any ultimate street rights-of-way and all easements, except open easements, that limit the surface use of the site for building construction. Site area, usable. Net site area minus any portions of the site that are precluded from building construction by natural features or hazards, such as areas subject to inundation. Slope, average. The characteristic slope over an area of land, expressed in percent as the ratio of vertical rise to horizontal distance. Average slope is to be determined based on the most accurate available topographic information for each proposed new lot. One of the following methods for determining average slope is to be used: (a) Basic Method. Where a line drawn between highest and lowest points on a parcel is adequate to represent direction and extent of slope for the entire parcel, the difference in elevation between ITEM NUMBER: 4 DATE: 4-3-07 the high and low points, divided by the distance between the points, will determine the average slope. (b) Sectional Method. Where the parcel contains distinct sections of differing slope, the average slope of each section may be determined according to either the basic method in (a) of this definition or the contour measurement method in (c) of this definition. The average slope of each section is then used in proportion of the section's area to the total area to determine the average slope of the entire parcel. (c) Contour Measurement Method. Where precise measurement of the average slope is required due to varied slope conditions or complex topography, the following formula will be used: S=(2.29X10-3)IL A Where S = Average slope of parcel in percent A = Total number of acres in the parcel (or section of parcel) L = Length of contour lines in scaled feet I = Vertical distance of contour interval in feet Sound level meter. Any instrument including a microphone, amplifier, output meter and frequency weighing networks for the measurement of sound levels, which meets or exceeds the requirements pertinent for type S2A meters in ANSI specifications for sound level meters, S 1.4- 1971, or the most recent revision thereof. State board. The State Mining and Geology Board, in the Department of Conservation, State of California. State Geologist. The individual holding office as structured in Section 677 of the Public Resources Code. Storage area. An area proposed or used for the outdoor storage of supplies or equipment, or goods for sale, lease, or incidental use. Story. Usable floors of a building, except that where this ordinance uses stories as a measurement of a building height. Basements or building floors six (6) feet or more below street level are not included. Structural alteration. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders. Structure. Any artifact constructed or erected, the use of which requires attachment to the ground, including any building, but not including fences or walls six (6) feet or less in height. Structure, accessory. A structure, the use of which is incidental to that of a principal structure on the same lot. May be either detached or attached if part of the principal structure. Subject site. A parcel or parcels of land which are the intended or actual location of a land use or land development project which is the subject of an application for zoning approval, construction permit, variance or adjustment, or an amendment to the land use element. Substation. Any public utility electrical substation, pumping station, pressure regulating station, or similar facility. ITEM NUMBER: 4 DATE: 4-3-07 Surface mining operations. All or any part of the process involved in the mining of minerals or construction materials on mined lands by removing overburden and mining directly from the mineral deposits, open -pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incidental to an underground mine. In addition, surface mining operations include, but are not limited to: (a) Inplace distillation, retorting, or leaching. (b) The production and disposal of mining waste. (c) Prospecting and exploratory activities. (d) Extractions of natural materials for building, construction, etc. Temporarily deactivated operation. A surface mine that has been closed down and which the operator has maintained in the expectation of reopening it when conditions justify. Terrace. (a) In the case of a grading or surface mining operation, a terrace is a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. (b) A terrace is also an outdoor living or activity area constructed with tile, asphalt, concrete or other paving laid upon continuous base material or fill, placed directly on grade. Use. The purpose for which a parcel of land, a premises or building is designed, arranged or intended, or for which it is or may be occupied or maintained. Use, accessory. A use accessory to any permitted use and customarily a part thereof, which is clearly incidental and secondary to the permitted use and does not change the character of the main use. Use, allowable. A use of land identified in Chapter 9-3 being appropriate in a given zoning district subject to the standards of this title. Use, approved. A use of land authorized to be constructed and/or established through issuance of an approved plot plan, precise plan or conditional use permit. Use, area. The area of a site used for buildings (main or accessory) and storage area or other incidental use, but not including parking or landscaping. Use area, active. All portions of a site and buildings included in the use area, except storage, parking and landscaping. Use, new. A use of land which is proposed to be established or constructed after the adoption of this title. Use, principal or main. The primary purpose for which a building, structure, or lot is designed, arranged, or intended, or for which they may be used, occupied, or maintained under this title. Use, structural. A use of land accompanied by a building or structure (not including fences), on the same lot of record. Wall, building. The length of a building wall is the horizontal distance from corner to corner measured from a plan parallel to the appropriate side, rear or front lot lines. Watercourse. The normal channel or limits of an intermittent or perennial stream, or other body of water, during nonflood conditions. Yard. An open space, other than a court, on a lot which space is unoccupied and unobstructed from the ground upward. Zero lot line development. A residential project where dwelling units on individual lots of record are located so they all abut one side property line, without a setback (see Figure 9-G). ITEM NUMBER: 4 DATE: 4-3-07 i7fttf FIGURE 9•G: ZERO LOT LINE DFVFI.OP.NIF,NT Zoning approval. Same as entitlement. (Ord. 237 § I (B), 1992; Ord. 82 § 9-9.102, 1984; Ord. 75 § 2(1), 1984; Ord. 68 § 9-9.102, 1983) ITEM NUMBER: 5 DATE: 4-3-07 Atascadero Planning Commission Staff Report - Community Development Department 9700 EI Camino Real Conditional Use Permit 2004-0137 Amendments Zone Text Amendment ZCH 2006-0130 Fairfield Inn Hotel Health Care Services CT Text Amendment (Jacobson / Patel) SUBJECT: The proposed Amendment consists of a request to modify the approved Master Plan of Development for an infill commercial development at 9700 EI Camino Real. The proposed project consists of an application for a Conditional Use Permit Amendment to modify a commercial development located on 1.7 acres within the Commercial Tourist Zone. The application also includes a Zone Text Amendment to the conditionally allowed uses within the Commercial Tourist Zone to allow health care services/medical offices. An additional Conditional Use Permit approval will permit medical offices to occupy 3,400 square -feet of the new office building. Two building sites are proposed for the site. Building 1, a 15,000 square -foot office building, is currently under construction. Medical offices are currently proposed to occupy this building. Building 2 is proposed to be an 80 room hotel totaling 51,740 square -feet. Twelve additional native oak trees are proposed for removal RECOMMENDATION: There are four actions before the Planning Commission: 1) a revised Mitigated Negative Declaration was prepared and circulated for review that encompasses all aspects of the proposed project, 2) the hotel and associated site modifications are included in the Conditional Use Permit amendment, 3) the proposed Zone Text Amendment, and 4) a corresponding Conditional Use Permit to allow the proposed health care services use at the project site. Since the projects cannot be segmented under CEQA, all items will be forwarded to City Council for final review and approval. Staff Recommends: 1. Adopt Resolution PC 2007-0024 recommending that the City Council certify proposed Mitigated Negative Declaration 2007-0002 subject to Mitigation Monitoring; and, 2. Adopt Resolution PC 2007-0025 recommending that the City Council approve the proposed amendment to Conditional Use Permit 2004-0137 (Master Plan of Development) allowing for the construction of an 80 -room hotel based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 3. Adopt Resolution PC 2007-0026 recommending that the City Council introduce an ordinance for first reading, by title only, to approve Zone Change 2006-0130 amending the CT zoning code text to conditionally allow "health care services" based on findings; and, 4. Adopt Resolution PC 2007-0027 recommending that the City Council approve the proposed amendment to Conditional Use Permit 2004-0137 (Master Plan of Development) allowing health care services to occupy 3,400 square -feet of tenant space in the office portion of the development, based on findings and subject to conditions of approval. SITUATION AND FACTS: 1. Applicant / Representative: Ted Jacobson, 8055 Cristobal Avenue, Atascadero, CA 93422 JP Patel, 3600 EI Camino Real, Atascadero, CA 93422 2. Project Address: 9700 EI Camino Real, Atascadero, CA 93422 (San Luis Obispo County) APN 056-081-032 3. General Plan Designation: General Commercial (GC) 4. Zoning District: Commercial Tourist (CT) 5. Site Area: 1.715 acres 6. Existing Use: Office building under construction 7. Environmental Status: Mitigated Negative Declaration 2007-0002 DISCUSSION: Background On May 17, 2005, the Planning Commission approved a Conditional Use Permit for a Master Plan of Development on the project site consisting of the main building along the EI Camino Real frontage and two smaller 5,000 square foot building pads toward the rear of the site. On October 4, 2005, the Planning Commission approved an amendment to the master plan of development which changed the parking lot configuration and consolidated the two smaller building pads into one larger pad along the East Front Road frontage. On June 20, 2006, the applicant presented preliminary design concepts to the planning Commission for the proposed hotel. The Planning Commission had concerns regarding the color and materials of the building, landscape potential, and the proposed height. These concerns are analyzed below. Surrounding Land Use and Setting: North: Commercial Professional South: Commercial Professional East: Residential Single-family West: Commercial Professional The project site is within the General Commercial General Plan land use designation and is zoned Commercial Tourist, which allows for the establishment of a commercial development in excess of 10,000 square feet with the approval of a Conditional Use Permit to establish a Master Plan of Development. Project Definition The proposed project consists of an amendment to a previously approved infill commercial/office development located on EI Camino Real adjacent to the existing post office. The revised Master Plan of Development includes an 80 -room hotel along the East Front Road frontage. The applicant is also requesting a number of modifications to the office building currently under construction and the immediate surrounding site. The applicant is also proposing a Zone Text Change to allow "health care services" as a conditionally allowed use in the Commercial Tourist Zone. Included in the proposed amendment is a request to permit medical offices to occupy 3,400 square -feet of the office building currently under construction. Zone Text Amendment The applicant is proposing a Zone Text Change to establish "Health Care Services" as a conditionally allowed use in the Commercial Tourist zone. The request to establish medical offices within the proposed office/hotel development is being processed concurrently with this application. The Zone Text Amendment would have to be adopted by City Council for the use to be approved within the development. One of the actions before the Planning Commission at this time is a recommendation to City Council regarding the requested Conditional Use Permit to allow 3,400 square -feet of medical offices/health care services within the previously approved office portion of the project (Resolution PC 2007-0026). Traffic Impacts The applicant has included the proposed health service use in the traffic analysis prepared by Steve Orosz. Based on the size of the requested use and an analysis of uses currently allowed within the development, the traffic engineer has determined that there will be no increased traffic due to the addition of the medical offices. Master Plan of Development Amendment / Establishment of Health Care Services Site Design The proposed site modification will allow for the construction of the proposed 80 -room hotel along East Front Road. The proposed hotel building has been located along the southern property line, adjacent to the existing post office. The amendments and parking configurations allows for safe and efficient access through the site. The resulting site configuration has been reviewed by the fire department and meets all minimum code requirements. The proposed medical offices are required to comply with the current building code which includes requirements for covered canopies and accessible drop-off areas. There are certain uniform building code exceptions provided for this code requirement. It has not yet been determined if the proposed office building would meet any of the allowed exceptions. Enforcement of the building code and any applicable exceptions will occur during building permit review and, should any exterior changes to the building need to occur due to the requested use, a condition has been included to allow staff level approval of the exterior modifications, if any, providing all improvements are consistent with the architectural style of the building (PC 2007-0027, Condition 3). Landscaping: The applicant has worked with staff to provide landscaping around the proposed four- story hotel building. The layout of the proposed building and associated parking creates minimal areas for landscaping throughout the hotel portion of the site. The applicant has worked with staff to increase landscape opportunities to the front of the proposed hotel and along the East Front Road frontage. In addition, the applicant has provided stamped and colored concrete at the building entrance and interlocking pavers throughout the project site. The applicant is proposing landscaping along the north, south, and west sides of the building. A landscaped planter strip is proposed between the street and the sidewalk adjacent to east Front Road. The proposed center parking areas also includes a pavered pathway and planter areas sized for larger shade trees. Columnar shaped deciduous trees are proposed for the planters adjacent to the building and adjacent to the post office property. Staff has conditioned that larger tree be installed to ensure adequate screening and softening of the building (PC 2007-0025, Condition 9). Parking 118 parking spaces are currently proposed for the project site. Based on the addition of all parking required for each individual use, 156 parking spaces are required. The Municipal Code allows the Planning Commission to reduce the overall required parking by 10% and reduce the required parking for the most intensive use by an additional 75% based on a shared peak -hour parking scenario, resulting in a minimum of 83 spaces required. The Planning Commission would need to make the finding that the characteristics of a use or its immediate vicinity do not necessitate the number of parking spaces, type of design, or improvements required by this title and that reduced parking will be adequate to accommodate on the site all parking needs generated by the use. The applicant has submitted a parking and traffic analysis prepared by Steve Orosz that analyzes all proposed uses for the site and assumes shared parking among all tenants. The study determined that, at peak parking hours, assuming 100% occupancy of the hotel, a maximum of 95 would be used. The proposed amended site design provides 118 parking spaces, leaving an excess of 23 spaces during peak parking demand as analyzed by the applicant's parking and traffic consultant. Traffic The Traffic and Parking analysis prepared by Steve Orosz analyzed impacts from the proposed development on the surrounding infrastructure. Based on this analysis, the study recommends that the project implement the following mitigation measure. Mitigation Measure 15.a.b.1: Required fair share contributions to the Santa Rosa / 101 interchange improvements (signal and associated improvements) for the hotel portion of the proposed project shall be as follows: a. E. Front Street/ NB 101 On -Ramp Intersection: 17.5% b. W. Front Street/ SB 101 On -Ramp Intersection: 9.7% Fees due shall be required prior to, or currently with, issuance of building permits for the proposed hotel development. Impacts from the proposed office complex are anticipated in the General Plan and no additional fair share payments will be required for the addition of medical office uses. Architecture, Materials, Color The proposed hotel is designed as a four story building with architectural detailing that includes brick accents wrapping the exterior of the building along the first and second stories, awnings located above key accent windows, horizontal banding, darker earth - toned colors, eave bracketing, and trellis accents along East Front Road. A porte cochere is included along the front elevation facing the parking lot. This element includes brick veneer columns and heavy timber elements throughout the roof structure. Signage is proposed on all four elevations. Signs facing the parking lot and post office measure 98 square -feet. Signage facing East Front Road and the office building measure 52 square -feet. Based on the height of the signage and scale of the building, the proposed signage is appropriately sized and architecturally compatible with the proposed elevations. The applicant is also proposing a monument sign located at the east Front Road entrance. The proposed monument sign is approximately 30 square -feet. The maximum allowed area for a monument sign is 60 square -feet. The requested sign is under the maximum allowed by code. Staff has conditioned that the sign design be modified to be consistent with the building architecture (PC 2007-0025, Condition 12). 0 -i�r` � �_W � FRONT ELEVATION Height The proposed hotel reaches a maximum height of 56 -feet 3.5 -inches. The maximum height allowed without Planning Commission approval is 35 -feet within a commercial zone. The Planning Commission reviewed the issue of height at the previous workshop meeting in June and requested that the applicant provide additional information related to the impact of the proposed height from the 101 freeway and adjacent commercial corridor. The applicant has additional renderings that will be presented at the meeting. 10i '4M SIDE • Native Tree Mitiaation/Preservation Twelve additional native tree removals will be required based on the revised site plan. The tree mitigation chart for the requested trees is shown below. Evergreen Native Trees (inches) Deciduous Native Trees (inches) Totals Mitigation Requirement req'd tree replacements: Tree Fund Payment: 77 five gal trees $ 3,866.67 dbh notes 1 2 3 20 Total 0 -inches 232 -inches req'd tree replacements: 0 five gal trees 77 five gal trees Tree Fund Payment: $ $ 3,866.67 A condition of approval has been included requiring that the applicant pay mitigation fees into the Tree Replacement Fund or provide equivalent re -plantings on site, as required by the Atascadero Native Tree Ordinance (PC 2007-0025, Condition 10). One Native Tree will remain and is incorporated into the revised site design. The 60" live oak along the East Front Road frontage will be incorporated into a planter area adjacent to 4 parking spaces. The arborist report recommends eliminating the 4 parking spaces to ensure the health of the tree. Staff does not recommend reducing the parking beyond what is requested at this time. The arborist has stated that the parking spaces could remain with certain conditions related to their construction including maintaining the spaces at current grade and utilizing gravel instead of paving beneath the dripline. Staff has concerns about the use of loose gravel in a commercial project, thus staff has conditioned that he applicant utilize turf block for the four parking spaces and that no excavation beneath existing grade occur without approval for the project arborist (PC 2007-0025, Condition 8). Modifications to the Office Buildina and Site Imarovements The applicant is requesting the following modifications to the office building and adjacent site improvements: 1. Modification of condition requiring smoother stucco texture dbh notes 1 7 -inches LO 2 6 -inches TOY 3 6 -inches TOY 4 6 -inches TOY 5 10 -inches SYC 6 12 -inches VO 7 6 -inches TOY 8 17 -inches LO 9 47 -inches LO 10 6 -inches TOY 11 70 -inches LO 12 39 -inches LO Total 232 -inches Mitigation Requirement req'd tree replacements: Tree Fund Payment: 77 five gal trees $ 3,866.67 dbh notes 1 2 3 20 Total 0 -inches 232 -inches req'd tree replacements: 0 five gal trees 77 five gal trees Tree Fund Payment: $ $ 3,866.67 A condition of approval has been included requiring that the applicant pay mitigation fees into the Tree Replacement Fund or provide equivalent re -plantings on site, as required by the Atascadero Native Tree Ordinance (PC 2007-0025, Condition 10). One Native Tree will remain and is incorporated into the revised site design. The 60" live oak along the East Front Road frontage will be incorporated into a planter area adjacent to 4 parking spaces. The arborist report recommends eliminating the 4 parking spaces to ensure the health of the tree. Staff does not recommend reducing the parking beyond what is requested at this time. The arborist has stated that the parking spaces could remain with certain conditions related to their construction including maintaining the spaces at current grade and utilizing gravel instead of paving beneath the dripline. Staff has concerns about the use of loose gravel in a commercial project, thus staff has conditioned that he applicant utilize turf block for the four parking spaces and that no excavation beneath existing grade occur without approval for the project arborist (PC 2007-0025, Condition 8). Modifications to the Office Buildina and Site Imarovements The applicant is requesting the following modifications to the office building and adjacent site improvements: 1. Modification of condition requiring smoother stucco texture As currently conditioned, the office building is required to utilize a smooth stucco texture or similar light sand finish. The conditioned texture was included in the architect's plans and compliments the detailing of the Mediterranean architectural style. The applicant is proposing a rougher knock -down texture which is contrary to the previous project approval. If the Planning Commission wishes to amend the condition for smoother stucco texture, a condition should be added to Resolution PC 2007-0025. �--------` _ ` - -.ys -:j �7. •4__4�_y 'Iii � __ �--.a�i+ ! r---- dm0 Ld EJVM 2. Addition of retaining wall along EI Camino Real Due to the grade difference between the sidewalk and the parking lot, the applicant is requesting approval of a retaining wall along the EI Camino real frontage. The existing approved planter area is 8 -feet wide. While final grading plans have not been submitted at this time, the applicant estimates the wall to be approximately 4 -feet tall. Staff is recommending that the Planning Commission approve this amendment with conditions that the wall be stucco to match the office building and that the street trees remain as previously approved with the addition of larger shrubs and vines to the landscape planter (PC 2007-0025, Condition 14). General Plan Consistency The proposed project is consistent with the following General Plan Land Use Element Policies: Goal LOC 3. Transform the existing El Camino Real "strip" into a distinctive, attractive and efficient commercial, office and industrial park area which can provide for the long- term economic viability of the community. Land Use Program 1.1.7: "Within the Urban Core encourage infill development or revitalization or reuse of land already committed to urban development where utilities and public services exist. Land Use Policy 2.1: "Ensure that new development is compatible with existing and surrounding neighborhoods". Goal LOC 13. Provide for a sound economic base to sustain the City's unique character by establishing a range of employment and business opportunities and generate sufficient revenue to support adequate levels of public services, and environmental, social and educational quality. Policy 13.3.1: Promote tourism and travel industries Policy 13.3.2: Encourage hotel, conference, and resort development and protect potential sites from conversion to other uses Policy 13.3.3: Update and maintain the Zoning Ordinance to allow additional uses in the Tourist Commercial zoning district In staff's opinion the proposed hotel project and expanded use within the CT zoning designation is consistent with the goals and policies of the Land Use Element. The project will provide 15,000 square feet of commercial space and an 80 -room hotel located adjacent to Highway 101 and adjacent to the EI Camino real corridor. As conditioned, the project incorporates a variety of materials and design features that are consistent with the character of Atascadero. All traffic impacts will be mitigated based on the recommendations of the traffic engineer and all environmental impacts have been reviewed and are included in the proposed Mitigated Negative Declaration. Findings Zone Text Change 1. The zone change is consistent with General Plan policies and all other applicable ordinances and policies of the City. 2. Amendment of the zoning ordinance will provide for the orderly and efficient use of lands where such development standards are applicable. 3. The zone change will not, in itself, result in significant environmental impacts. Conditional Use Permit Two Conditional Use Permit requests are before the Planning Commission. The findings have been broken into two sections to address each request individually. Hotel / Master Plan of Development Amendment: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The proposed hotel development is consistent with the General Plan as noted above and is consistent with the Appearance review manual, incorporating dark earth toned colors and architectural features consistent with the Character of Atascadero. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the Planned Development Ordinance. Staff Comment: As conditioned, the project satisfies all conditional use permit and zoning code provisions for a commercial development. 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 commercial 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 has been designed to enhance the appearance along East Front Road and the Highway 101 corridor with high quality architecture. A larger scale commercial development is compatible with existing development along EI Camino Real and is an appropriate use for the 101 corridor. 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. The project has been conditioned to pay their fair share of traffic related improvements to the Santa Rosa / 101 interchange. Specifically, the project will contribute to signal improvements to the on- and off -ramps adjacent to the Santa Rosa overpass. Establishment of 3,400 square -feet of "health care services": 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 General Commercial designation of the General Plan and General Plan which calls for expanded uses in the Commercial Tourist Zone. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). Staff Comment: with the approval of the proposed Zone Text Amendment, the use will be compatible with all provisions of the Zoning Ordinance. 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 use 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 proposed use is consistent with the existing and allowed uses along EI Camino Real. 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 use is consistent with the traffic projections and road improvements anticipated within the General Plan. Shared Parking Reduction 1. The characteristics of a use or its immediate vicinity do not necessitate the number of parking spaces, type of design, or improvements required by this title and that reduced parking will be adequate to accommodate on the site all parking needs generated by the use. Based on staff's analysis in the preceding sections, it appears that all of the required findings for approval of the requested Zone Text Amendment and both Conditional Use Permit applications can be made. Proposed Environmental Determination A revised Mitigated Negative Declaration and Initial Study has been circulated to interested agencies and made available for public review. The amended environmental review determined that there would be no impact with the incorporation of mitigation measures outlined in the document and included in the attached resolutions. A resolution is included for the Planning Commission to recommend certification of the proposed document to City Council. Additional clarification is needed for two of the proposed mitigation measures. Mitigation measure 15.a.b.1 should be clarified to state that no additional fair share fees will be associated with the additional medical offices. And Mitigation measure 15.f.1 should be clarified to read that the 80 -room hotel is included in the maximum intensities allowed for the site. The amended Mitigation measures are included in the final resolutions. Conclusion The proposed Zone Text Change, Master Plan of Development Amendment to allow an 80 -room hotel, and establishment of 3,400 square -feet of health care services is consistent with the General Plan and Atascadero Municipal Code, as analyzed within this staff report. It is staff's opinion that the proposed project, as conditioned, allows the Planning Commission to make all of the required findings for approval. ALTERNATIVES 1. The Commission may recommend modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may recommend denial of any or all portions of the project. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Proposed Mitigated Negative Declaration and Initial Study Attachment 3: Draft Resolution PC 2007-0024 — Certification of Negative Declaration Attachment 4: Draft Resolution PC 2007-0025 — Hotel CUP Amendment Attachment 5: Draft Resolution PC 2007-0026 — Zone Text Amendment Attachment 6: Draft Resolution PC 2007-0027 — Establishment of medical offices Attachment 1: Location Map, General Plan and Zoning Project -'- Site: 9700 El Camino <y Real = rN Zoning: CT (Commercial Tourist) General Plan Designation: GC (General Commercial) Attachment 2: Proposed Mitigated Negative Declaration and Initial Study See Following ATTACHMENT 3: Draft Resolution PC 2007-0024 DRAFT RESOLUTION PC 2007-0024 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL CERTIFY PROPOSED MITIGATED NEGATIVE DECLARATION 2007-0002 PREPARED FOR CUP 2004-0037 AMENDMENTS ON APN 056-081-032 (9700 El Camino Real — Patel / Jacobson) WHEREAS, an application has been received from JP Patel (3600 El Camino Real, Atascadero, CA 93422) Applicant and Ted Jacobson (8055 Cristobal Avenue, Atascadero, Ca 93422) Applicant and Property Owner to consider an amendment to CUP 2004-0137 to modify the Master plan of Development to establish an 80 -room hotel and establish 3,400 square -feet of health care services use within the office portion of the development, and an application for a Zone Text Amendment to add "health care services" as a conditional use in the Commercial Tourist (CT) zone; and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2007-0002 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 of the City of Atascadero held a public hearing on April 3, 2007 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, WHEREAS, the Planning Commission has determined that the project will have no significant impacts with project specific mitigation measures incorporated; and, NOW THEREFORE, the Planning Commission of the City of Atascadero, hereby resolves to recommend that the City Council certify Proposed Mitigated Negative Declaration 2007-0002 based on the following Findings, and as shown in Exhibit A: 1. The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, 2. The Proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, 3. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project; and, 4. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, 5. The project does not have impacts which are individually limited, but cumulatively considerable; and, 6. The project will not cause substantial adverse effects on human beings either directly or indirectly; and, BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A Proposed Mitigated Negative Declaration 2006-0031 See Following ATTACHMENT 4: Draft Resolution PC 2007-0025 - Hotel DRAFT RESOLUTION PC 2007-0025 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2004-0137 AMENDMENT TO APPROVE AN 80 -ROOM HOTEL LOCATED AT APN 056-081-032 (9700 El Camino Real — Patel / Jacobson) WHEREAS, an application has been received from JP Patel (3600 El Camino Real, Atascadero, CA 93422) Applicant and Ted Jacobson (8055 Cristobal Avenue, Atascadero, CA 93422) Property Owner to consider an amendment to Master Plan of Development (CUP 2004- 0137) to establish an 80 -room hotel; and, and, WHEREAS, the site's current General Plan Designation is General Commercial (GC); WHEREAS, the site's current zoning is Commercial Tourist (CT); and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2007-0002 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit Amendment application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on April 3, 2006, studied and considered the Conditional Use Permit 2004- 0137 Amendment (Master Plan of Development), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for approval of Conditional Use Permit Amendment. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 2. Findings for shared on-site and peak -hour parking reduction. The Planning Commission finds as follows: The characteristics of a use or its immediate vicinity do not necessitate the number of parking spaces, type of design, or improvements required by this title and that reduced parking will be adequate to accommodate on the site all parking needs generated by the use SECTION 3. Findings for Approval of Tree Removal Permit. The Planning Commission finds as follows: The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: ■ Early consultation with the City; ■ Consideration of practical design alternatives; ■ Provision of cost comparisons (from applicant) for practical design alternatives; ■ If saving tree eliminates all reasonable uses of the property; or ■ If saving the tree requires the removal of more desirable trees. SECTION 3. Findings for approval of Height Exception. The Planning Commission finds as follows: 1. The proposed project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties; and, 2. The modified height will not exceed the lifesaving equipment capabilities of the Fire Department. SECTION 4. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on April 3, 2006, resolved to recommend that the City Council approve Conditional Use Permit 2004-0137 Amendment (Master Plan of Development) subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Master Plan of Development/Site Plan EXHIBIT C: Elevations EXHIBIT D: Landscape Plan EXHIBIT E: Color and Materials Board EXHIBIT F: Grading and Drainage Plan EXHIBIT G: Hotel Site Sections BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program Master Plan of Development Amendment (CUP 2004-0137) - Hotel Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9700 EI Camino Real License FD: Fire Department Master Plan of Development Amendment GP: Grading Permit PD: Police Department CE: City Engineer CUP 2004-0137 - Hotel BP: Building Permit WW: Wastewater CA: City Attorney FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Planning Services 1. This conditional use permit shall be for an 80 -room hotel located on FM PS parcel 056-081-032 regardless of owner. All site development for the office portion of the development shall remain under the previous approval and all conditions of the previous approval shall apply unless specifically amended by this resolution. 2. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority to BP/FM PS, CE approve the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council. 4. Approval of this Conditional Use Permit shall be valid for twelve (12) BP/Fm PS months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 5. The applicant shall defend, indemnify, and hold harmless the City of Ongoing Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 6. All subsequent Tentative Map and construction permits shall be BP/FM PS, CE consistent with the Master Plan of Development contained herein. 7. All exterior elevations, finish materials, and colors shall be consistent BP PS with the Master Plan of Development as shown in EXHIBIT B, C, D and E with the following modifications: Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9700 El Camino Real License FD: Fire Department Master Plan of Development Amendment GP: Grading Permit PD: Police Department CE: City Engineer CUP 2004-0137 - Hotel BP: Building Permit WW: Wastewater CA: City Attorney FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy ■ All exterior material finishes shall be durable, high quality, and consistent with the architectural appearance. ■ All trash storage, recycle storage, and air conditioning units shall be screened from view behind architecturally compatible or landscaped enclosures; ■ Any exterior light fixtures shall be compatible with building design, subject to staff approval. ■ All colors shall be as depicted on the attached EXHIBIT E. ■ Brick veneer shall be "Sienna Slate" and "Tumbleweed". 8. All site work, grading, and site improvements shall be consistent with the BP/FM PS, BS, CE Master Plan of Development as shown in EXHIBIT C, F, and G and shall include the following: ■ Parking stalls under the dripline of the existing 70" oak tree shall be at current grade and shall be constructed of turf block back filled with gravel. No excavation below existing grade shall occur without the approval of the project arborist. ■ Pavers and/or colored, stamped concrete shall be installed per exhibit B. 9. A final landscape and irrigation plan shall be approved prior to the BP PS, BS issuance of building permits and included as part of site improvement plan consistent with EXHIBIT D, and as follows: ■ All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. ■ All areas shown on the site plan not identified for a specific use shall be landscaped by the developer prior to the final of any single building permit on-site. ■ Street trees shall be provided at a maximum of 30 -feet on center within the East Front parkway with the exception of the area beneath the dripline of the existing oak tree. Should the oak tree require removal, additional street trees shall be required at the above stated interval. ■ All trees shall be a minimum 1.5" diameter at breast height including Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9700 El Camino Real License FD: Fire Department Master Plan of Development Amendment GP: Grading Permit PD: Police Department CE: City Engineer CUP 2004-0137 - Hotel BP: Building Permit WW: Wastewater CA: City Attorney FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy parkway trees. ■ All landscaping shall be drought tolerant. 10. All native tree removals shall be mitigated for in accordance with the BP PS Atascadero Native Tree Ordinance. A mitigation deposit shall be required for the existing 70" oak to remain for a minimum period of 18 months after the completion of the project. 11. The developer and/or subsequent owner shall assume responsibility for GP PS the continued maintenance of all landscape and common areas, BP consistent with EXHIBIT C and D. 12. All center signage shall be compatible with the building architecture and BP PS design theme. ■ A maximum of 98 square -feet shall be permitted for the signage facing the parking lot and post office (front and rear of the building). ■ A maximum of 52 square -feet shall be permitted for signage facing East Front Road and the office building (sides). ■ The monument sign shall be redesigned to incorporate materials and colors compatible with the proposed building. The base of the sign shall utilize brick veneer consistent with the building fagade. ■ Any change in signage shall require Planning Commission review and approval. 13. All pole lighting shall be decorative in nature per the existing CUP approval and shall be no higher than 14 -feet. Office Building Amendments 14. A retaining wall shall be permitted along the EI Camino Real frontage, subject to the following: • The wall shall be stucco textured to match the office building • The wall shall be a maximum of 4 -feet in height. • The wall shall be placed at the end of the parking stalls to retain the 8 -foot landscape planter at sidewalk level. • In addition to the required street trees, a revised landscape plan will be required that includes larger shrubs and vines to screen Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9700 El Camino Real License FD: Fire Department Master Plan of Development Amendment GP: Grading Permit PD: Police Department CE: City Engineer CUP 2004-0137 - Hotel BP: Building Permit WW: Wastewater CA: City Attorney FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy parked vehicles. City Engineer Project Conditions 15. Applicant shall slurry seal project frontage, along East Front Street, GP, BP CE from property line to property line. Slurry seal shall slurry seal entire width of frontage. A line extended perpendicular to the centerline of East Front Street, from the Northwest property corner, constitutes station 12+64 at the centerline of East Front Street. 16. Applicant shall install commercial driveway approach per Caltrans GP, BP CE Standard A87; from stations 12+86 to 13+10 17. Applicant shall remove and replace concrete curb gutter and GP, BP CE sidewalk that does not meet City Engineering Standards. All broken, offset, displaced and degraded sidewalk along the frontage shall be removed and replaced 18. Applicant shall install Caltrans standard guard rail A77A starting at GP, BP CE station 13+71 and ending at 13+96 to protect the PG&E pole next to the southbound traffic lane 19. Applicant shall stripe turn lane on East Front Street according to the GP, BP CE following and subject to the City Engineer's approval; install turn lane taper striping starting at station 10+93, end taper at 11+46, begin turn lane striping at 11+46, continue turn lane striping to 13+97, begin taper at station 13+97 and end taper at station 14+56. Striping shall be designed and installed per the most recently approved Caltrans striping standard specifications and drawings. Applicant shall remove existing striping. Starting with the southbound lane, turn lane, and northbound lane, the lane widths shall be no less than 10', 10' and 12' 20. Applicant shall paint the curb red along the entire property frontage GP, BP CE per direction of City Engineer 21. Applicant shall install a "ROAD NARROWS" W5-1 warning sign GP, BP CE prior to reduction of southbound lane widths per the most recent edition of the Manual on Uniform Traffic Control or the Caltrans California Supplement equivalent City Engineer Standard Conditions 22. 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 bonds required prior to issuance of building permits. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9700 El Camino Real License FD: Fire Department Master Plan of Development Amendment GP: Grading Permit PD: Police Department CE: City Engineer CUP 2004-0137 - Hotel BP: Building Permit WW: Wastewater CA: City Attorney FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy 23. A six (6) foot Public Utility Easement (PUE) shall be provided GP, BP CE contiguous to the property frontage and shall be recorded in a separate document prior to issuance of building permit. 24. The applicant shall acquire title interest in any off-site land that may GP, BP CE be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 25. Slope easements shall be obtained by the applicant as needed to GP, BP CE accommodate cut or fill slopes. 26. Drainage easements shall be obtained by the applicant as needed GP, BP CE to accommodate both public and private drainage facilities. 27. Prior to the issuance of building permits the applicant shall submit GP, BP CE plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. 28. Submit calculations to support the design of any structures or pipes. GP, BP CE Closed conduits shall be designed to convey the 10 -year flow with gravity flow, the 25 -year flow with head, and provide safe conveyance for the 100 -year overflow. 29. Provide for the detention and metering out of developed storm GP, BP CE runoff so that it is equal to or less than undeveloped storm runoff. 30. Drainage basins shall be designed to desilt, detain and meter storm GP, BP CE flows as well as release them to natural runoff locations. 31. Show the method of dispersal at all pipe outlets. Include GP, BP CE specifications for size & type. 32. Show method of conduct to approved off-site drainage facilities. GP, BP CE 33. 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. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9700 El Camino Real License FD: Fire Department Master Plan of Development Amendment GP: Grading Permit PD: Police Department CE: City Engineer CUP 2004-0137 - Hotel BP: Building Permit WW: Wastewater CA: City Attorney FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy 34. All public improvements shall be constructed in conformance with GP, BP CE the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer 35. Project shall include construction of curb, gutter and sidewalk along GP, BP CE entire frontage. 36. Alignment of frontage improvements shall be approved by the City GP, BP CE Engineer. 37. All utilities shall be undergrounded on project frontage GP, BP CE 38. All onsite sewer mains shall be privately owned and maintained. FM CE 39. Applicant shall pay sewer extension (Annexation), Connection and BP CE Reimbursement fees (if applicable) upon issuance of building permit. 40. Gravity sewer mains within the subdivision shall be eight (8) inches BP CE in diameter. 41. Drainage piping serving fixtures which have flood level rims located BP CE 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. Building Services 42. A soils investigation prepared by a licensed Geotechnical Engineer is GP PS to be provided for the project. The report is to be provided at the time BP of building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. Mitigation Measures Mitigation Measure 1.c.1: The following landscape mitigations shall apply: BP BS, PS, CE 1.c.1 ■ The project landscaping shall include street trees along the EI Camino Real and East Frontage Road frontage placed a minimum of 30 feet on center or at locations complimentary to the architectural design of the proposed buildings, subject to staff approval. ■ All proposed parking area trees shall be shade trees of 15 -gallon size and shall be double staked. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9700 El Camino Real License FD: Fire Department Master Plan of Development Amendment GP: Grading Permit PD: Police Department CE: City Engineer CUP 2004-0137 - Hotel BP: Building Permit WW: Wastewater CA: City Attorney FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Mitigation Measure 1.c.2: The proposed buildings shall include the use of BP BS, PS, CE 1.c.2 paint and roof colors consistent with the architectural style as designed. The hotel building shall incorporate high quality brick veneer of a dark earth toned color as depicted on the attached elevation exhibit. The hotel building shall utilize darker earth toned accents and facade colors, subject to staff approval. Awnings and/or similar accent features shall be included throughout the building fagade and along the lower floor level to enhance the architectural appearance of the building and mitigate the proposed additional height. Mitigation Measure 1.d.1: If exterior parking lot lighting is proposed, it shall BP BS, PS, CE 1.d.1 be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 14 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the site. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. Mitigation Measure 3.b.1: BP, GP PS, CE 3.b.1 Naturally Occurring Asbestos (NOA) has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If naturally occurring asbestos 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.1: The project shall be conditioned to comply with all BP, GP BS, PS, CE 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM - 10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. 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 Conditions of Approval / Mitigation Monitoring Program 9700 El Camino Real Master Plan of Development Amendment CUP 2004-0137 - Hotel 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 equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. ■ Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast -germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9700 El Camino Real License FD: Fire Department Master Plan of Development Amendment GP: Grading Permit PD: Police Department CE: City Engineer CUP 2004-0137 - Hotel BP: Building Permit WW: Wastewater CA: City Attorney FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy 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 4.e.1: Grading and excavation and grading work shall BP PS 4.e.1 be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within the area of work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 4.e.2: The developer shall contract with a certified BP PS 4.e.2 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. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade or compact. Install porous pavers over a Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9700 El Camino Real License FD: Fire Department Master Plan of Development Amendment GP: Grading Permit PD: Police Department CE: City Engineer CUP 2004-0137 - Hotel BP: Building Permit WW: Wastewater CA: City Attorney FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy three-inch bed of 3/4 inch granite covered with one -inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one -foot by one -foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 4.e.3: All tree removals shall be mitigated in accordance GP, BP PS 4.e.3 with the Atascadero native Tree Ordinance. Mitigation Measure 6.b.1: The grading permit application plans shall include GP PS, BS, CE 6.b.1 erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.1: A soils report shall be required to be submitted BP, GP PS, BS, CE 6.c.1 with a future building permit by the building department. Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that GP PS, BS, CE 8.0.1 all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.d.1: All construction activities shall comply with the BP, GP PS, BS, CE 11.d.1 City of Atascadero Noise Ordinance for hours of operation. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9700 El Camino Real License FD: Fire Department Master Plan of Development Amendment GP: Grading Permit PD: Police Department CE: City Engineer CUP 2004-0137 - Hotel BP: Building Permit WW: Wastewater CA: City Attorney FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Mitigation Measure 15.a.b.1: Required fair share contributions to the Santa BP, GP PS, CE 15.a.b.1 Rosa / 101 interchange improvements (signal and associated improvements) for the hotel portion of the proposed project shall be as follows: a. E. Front Street/ NB 101 On -Ramp Intersection: 17.5% b. W. Front Street / SB 101 On -Ramp Intersection: 9.7% Fees due shall be required prior to, or currently with, issuance of building permits for the proposed hotel development. Impacts from the proposed office complex are anticipated in the General Plan and no additional fair share payments will be required for the addition of medical office uses. Mitigation Measure 15A.1: Improvements to East Front shall include the BP, GP PS, CE 15.d.1 following: 1. The applicant shall use a Caltrans standard Slurry Seal on East Front. 2. A City standard 423 driveway approach shall be used with a maximum width of 36'. 3. Painted median tapers that conform to the Caltrans Highway Design Manual, Section 400 design standards shall be installed. Deviations to the Caltrans standard shall be justified by the applicant and approved by the City Public Works Director. The southern median taper shall be located so that the taper starts near the southern property line. This will provide a longer left turn center lane for vehicles heading south on East Front Street. 4. All painted medians shall be marked with Caltrans standard thermal paint and appropriately colored. 5. A guardrail shall be installed in front of the power pole on East Front. Mitigation Measure 15.f.1: The maximum use intensities shall be as follows: BP, GP PS, CE 15.f.1 1. 11,000 sf office 2. 1,400 sf retail/restaurant 3. 3,400 sf medical offices 4. 80 -room hotel Any increases in parking demand or turn -over rates will require additional Parking analysis. If any additional impacts occur, subsequent environmental documentation will be required. Mitigation Measure 15.f.2: Shared parking shall be required throughout the BP, GP PS, CE 1512 site. No reserved parking shall be permitted. EXHIBIT B: Master Plan of Development/Site Plan EXHIBIT C: Elevations EXHIBIT D: Landscape Plan i i boo neo • 0 0 o e�l O1►� �E �_• Co8C7 Smr❖� i...a itI '�'�•� e . �aa R,� 814 MR: WE ....�° � ©door "UrON. VAW fR••ve •.. ao Pi':,f:�j �te� ae�a_ --maw � �•��=i�Q�!goeop- EXHIBIT E: Color and Materials Board B C F G E G i B C A D C C H K G C B C H FRONT COLOR ELEVATION FAIRFIELD INN & SUITES ATASCADERO LOTUS MANAGEMENT V I T E. A. CLASSIC BRONZE LIGHTING FAIRFIELD INN & SUITES Aamott A P01 BLUE , iNYL RED SIGNAGE COLORS F LATTE EXTERIOR STUCCO FINISH B HOPSACK C TURKISH COFFEE PAINT -WINDOW PAINT -GUTTERS, FRAME & CORNICE TRELLIS, ACCENT G KILIM BEIGE BRICK BUILDING BASE s �t BRICK ACCENT D DESERT SAGE SLATE ROOF TILE METAL ROOF, AWNING. RAILING See project file for specific proposed color selections EXHIBIT F: Grading and Drainage Plan nn/� a \,A Ng r —a u a—r—�r— I I •P [ $ [ 4 73#2RpR•y3� v Im 8$XY'tR NS t g 6 � -. aRPe 3F J. GOBLER GIVIL ENGINEERING EE{a$ $pY9yq,��y�, bbgdar �GRR1 IpNNI�'hd YI 14 Zg$�NjA9 d I A4g P- gj64 §ay9 1 f=k$�E9EG aSy a x w g�FoAFY�p��gRt�g¢ .1 9110TASCACA. 422 ATa9C OERO, C>. 93<22 9 a R§2E g�aE88A 46 tiR J R M'ql • f s1 404Ng U 2k X1 1191i gsa# kp N a$gjg £4 §pb gB #4j ya yy e: y ��.' k p a q5A£A Yk yy g4, pS '�YbR? FARIll �Itl a ,x S� 1j11R� $ Pal i6 iS ggE€ Pyr PA k ��XDL X66 48 � D € §; k m pp p i E g a i$ $jam v I A 3r e I age o� gFIs � gis s xy nn/� a \,A Ng r —a u a—r—�r— I I •P [ $ [ 4 [ $� �+ 4 t g 6 � GRADING AND DRAINGE PLAN J. GOBLER GIVIL ENGINEERING ATASCAD£RO HOTEL PROJECTERIC x 11 vm .eolmioTu. .rx: osa- 9>0o EL c.[«INO RFAL RO RTASc.[o[SCADS 9110TASCACA. 422 ATa9C OERO, C>. 93<22 CITY OF ATASCADERO EXHIBIT c Hae Site Sections < - _me � ��}� _�-» ATTACHMENT 5: Draft Resolution PC 2007-0026 - Zone Text Amendment DRAFT RESOLUTION PC 2007-0026 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND THE ATASCADERO MUNICIPAL CODE BY APPROVING ZONE CHANGE 2006-0130 TO ESTABLISH "HEALTH CARE SERVICES" AS A CONDITIONAL USE IN THE COMMERCIAL TOURIST (CT) ZONE (Jacobson) WHEREAS, an application has been received from Ted Jacobson (8055 Cristobal Avenue, Atascadero, CA 93422) Applicant and Property Owner to consider Zone Text Amendment to add "health care services" as a conditional use within the Commercial Tourist (CT) zone; and, WHEREAS, the City of Atascadero's 2025 General Plan incorporated a series of Smart Growth goals that include efficient use and reuse of existing lands and for more compact, pedestrian scaled development through intensification of commercially designated land uses; and, WHEREAS, the General Plan contains Policies and Programs to provide a sound economic base to sustain the City's unique character by establishing a range of employment and business opportunities and generate sufficient revenue to support adequate levels of public services, and environment, social and educational quality and to retain and expand existing businesses and attract new businesses to improve the availability of goods and services; and, WHEREAS, the General Plan contains Policies and Programs to provide public and Planning Commission review of uses which may have potential impacts to surrounding uses and neighborhoods; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0002 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 has determined that it is in the best interest of the City to enact this amendment to the Zoning Code Text to protect the health, safety, and welfare of its citizens by applying orderly development and expanding housing opportunities within the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said zoning text amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on April 3, 2007 studied and considered Zone Change 2006-0130, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of a Zone Text Change. The Planning Commission finds as follows: 1. The zone change is consistent with General Plan policies and all other applicable ordinances and policies of the City. 2. Amendment of the zoning ordinance will provide for the orderly and efficient use of lands where such development standards are applicable. 3. The zone change will not, in itself, result in significant environmental impacts. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on April 3, 2007 resolved to recommend that the City Council introduce for first reading by title only, an ordinance that would amend the City Zoning code text with the following: 9-3.243 Conditional uses. The following uses may be allowed in the Commercial Tourist Zone. The establishment of conditional uses shall be as provided by Section 9-2.109: (a) Amusement services; (b) Auto, mobilehome and vehicle dealers and supplies (see Section 9-6.163); (c) Bar/tavern; (d) Eating and drinking places with drive-through facilities; (e) Health Care Services; (ef) Sales lots (see Section 9-6.139); (fg) Caretaker's residence (see Section 9-6.104); (gh) Pipelines. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ATTACHMENT 6: Draft Resolution PC 2007-0027 - Health Care Services DRAFT RESOLUTION PC 2007-0027 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2004-0137 AMENDMENT TO APPROVE 39400 SQUARE -FEET OF HEALTH CARE SERVICE USE LOCATED AT APN 056-081-032 (9700 El Camino Real — Jacobson) WHEREAS, an application has been received from Ted Jacobson (8055 Cristobal Avenue, Atascadero, Ca 93422) Applicant and Property Owner to consider an amendment to Conditional Use Permit 2004-0137 to establish health care services within the office portion of the development; and, and, WHEREAS, the site's current General Plan Designation is General Commercial (GC); WHEREAS, the site's current zoning is Commercial Tourist (CT); and, WHEREAS, the Planning Commission has recommended that "health care services" be added as a conditional use within the Commercial Tourist (CT) zone; and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2007-0002 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit Amendment application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on April 3, 2006, studied and considered the Conditional Use Permit 2004- 0137 Amendment, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for approval of Conditional Use Permit Amendment. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 2. Findings for shared on-site and peak -hour parking reduction. The Planning Commission finds as follows: The characteristics of a use or its immediate vicinity do not necessitate the number of parking spaces, type of design, or improvements required by this title and that reduced parking will be adequate to accommodate on the site all parking needs generated by the use. SECTION 3. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on April 3, 2006, resolved to recommend that the City Council approve Conditional Use Permit 2004-0137 Amendment subject to the following: EXHIBIT A: Conditions of Approval BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program Master Plan of Development Amendment (CUP 2004-0137) - Health Care Services Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9700 EI Camino Real License FD: Fire Department Master Plan of Development Amendment GP: Grading Permit PD: Police Department CE: City Engineer CUP 2004-0137 — Establishment of Health Care Services BP: Building Permit WW: Wastewater CA: City Attorney FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Planning Services 1. This conditional use permit shall be for 3,400 square -feet of health care Ongoing PS services medical offices located within the office portion of the development located at 9700 EI Camino Real. 2. The approval of this use permit shall become final and effective for the BP PS purposes of issuing building permits thirty (30) days following the second reading of ZCH application 2006-0130. 3. The Community Development Department shall have the authority to BP PS, BS, FD approve improvements associated with the building code requirements for covered drop-off areas and any other exterior ,modifications related to the permitting of medial facilities subject to the following: • All improvements to the exterior of the building shall be architecturally compatible with the building architecture. • Any required covered canopy structure will be constructed of architectural columns and shall include a tiled roof consistent with the approved architecture. • Parking shall not be reduced to accommodate any required site improvements. • Driveway widths shall not be decreased and all improvements shall be reviewed by the City of Atascadero Fire Department. 4. Approval of this Conditional Use Permit shall be valid for twelve (12) BP/ PS months after its effective date. At the end of the period, the approval Ongoing shall expire and become null and void unless the project has received a building permit for all necessary Tenant Improvements and/or a business license for a medical use. 5. The applicant shall defend, indemnify, and hold harmless the City of Ongoing Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. Mitigation Measures Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9700 El Camino Real License FD: Fire Department Master Plan of Development Amendment GP: Grading Permit PD: Police Department CE: City Engineer CUP 2004-0137 — Establishment of Health Care Services BP: Building Permit WW: Wastewater CA: City Attorney FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Mitigation Measure 1.c.1: The following landscape mitigations shall apply: BP BS, PS, CE 1.c.1 ■ The project landscaping shall include street trees along the EI Camino Real and East Frontage Road frontage placed a minimum of 30 feet on center or at locations complimentary to the architectural design of the proposed buildings, subject to staff approval. ■ All proposed parking area trees shall be shade trees of 15 -gallon size and shall be double staked. Mitigation Measure 1.c.2: The proposed buildings shall include the use of paint BP BS, PS, CE 1.c.2 and roof colors consistent with the architectural style as designed. The hotel building shall incorporate high quality brick veneer of a dark earth toned color as depicted on the attached elevation exhibit. The hotel building shall utilize darker earth toned accents and fagade colors, subject to staff approval. Awnings and/or similar accent features shall be included throughout the building fagade and along the lower floor level to enhance the architectural appearance of the building and mitigate the proposed additional height. Mitigation Measure 1.d.1: If exterior parking lot lighting is proposed, it shall be BP BS, PS, CE 1.d.1 designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 14 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the site. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. Mitigation Measure 3.15.1: BP, GP PS, CE 3.b.1 Naturally Occurring Asbestos (NOA) has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If naturally occurring asbestos 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.1: The project shall be conditioned to comply with all BP, GP BS, PS, CE 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Conditions of Approval / Mitigation Monitoring Program 9700 El Camino Real Master Plan of Development Amendment CUP 2004-0137 — Establishment of Health Care Services 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 Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy- duty diesel engines. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. ■ Schedule 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: L. Reduce the amount of the disturbed area where possible. M. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. N. All dirt stockpile areas should be sprayed daily as needed. O. 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. P. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast - germinating native grass seed and watered until vegetation is established. Q. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. R. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. S. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9700 El Camino Real License FD: Fire Department Master Plan of Development Amendment GP: Grading Permit PD: Police Department CE: City Engineer CUP 2004-0137 — Establishment of Health Care Services BP: Building Permit WW: Wastewater CA: City Attorney FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy T. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. U. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. V. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. 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 4.e.1: Grading and excavation and grading work shall be BP PS 4.e.1 consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 7. All existing trees outside of the limits of work shall remain. 8. Earthwork shall not exceed the limits of the project area. 9. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 10. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 11. All trees within the area of work shall be fenced for protection with 4 - foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 12. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 4.e.2: The developer shall contract with a certified arborist BP PS 4.e.2 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. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9700 El Camino Real License FD: Fire Department Master Plan of Development Amendment GP: Grading Permit PD: Police Department CE: City Engineer CUP 2004-0137 — Establishment of Health Care Services BP: Building Permit WW: Wastewater CA: City Attorney FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist. ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade or compact. Install porous pavers over a three-inch bed of 3/4 inch granite covered with one -inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one -foot by one -foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 4.e.3: All tree removals shall be mitigated in accordance GP, BP PS 4.e.3 with the Atascadero native Tree Ordinance. Mitigation Measure 6.15.1: The grading permit application plans shall include GP PS, BS, CE 6.b.1 erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.1: A soils report shall be required to be submitted with a BP, GP PS, BS, CE 6.0 future building permit by the building department. Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that all GP PS, BS, CE 8.e.f.1 contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.d.1: All construction activities shall comply with the City BP, GP PS, BS, CE 11.d.1 of Atascadero Noise Ordinance for hours of operation. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9700 El Camino Real License FD: Fire Department Master Plan of Development Amendment GP: Grading Permit PD: Police Department CE: City Engineer CUP 2004-0137 — Establishment of Health Care Services BP: Building Permit WW: Wastewater CA: City Attorney FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Mitigation Measure 15.a.b.1: Required fair share contributions to the Santa BP, GP PS, CE 15.a.b.1 Rosa / 101 interchange improvements (signal and associated improvements) for the hotel portion of the proposed project shall be as follows: a. E. Front Street/ NB 101 On -Ramp Intersection: 17.5% b. W. Front Street / SB 101 On -Ramp Intersection: 9.7% Fees due shall be required prior to, or currently with, issuance of building permits for the proposed hotel development. Impacts from the proposed office complex are anticipated in the General Plan and no additional fair share payments will be required for the addition of medical office uses. Mitigation Measure 15.d.1: Improvements to East Front shall include the BP, GP PS, CE 15.d.1 following: 6. The applicant shall use a Caltrans standard Slurry Seal on East Front. 7. A City standard 423 driveway approach shall be used with a maximum width of 36'. 8. Painted median tapers that conform to the Caltrans Highway Design Manual, Section 400 design standards shall be installed. Deviations to the Caltrans standard shall be justified by the applicant and approved by the City Public Works Director. The southern median taper shall be located so that the taper starts near the southern property line. This will provide a longer left turn center lane for vehicles heading south on East Front Street. 9. All painted medians shall be marked with Caltrans standard thermal paint and appropriately colored. 10. A guardrail shall be installed in front of the power pole on East Front. Mitigation Measure 15.f.1: The maximum use intensities shall be as follows: BP, GP PS, CE 1511 5. 11,000 sf office 6. 1,400 sf retail/restaurant 7. 3,400 sf medical offices 8. 80 -room hotel Any increases in parking demand or turn -over rates will require additional Parking analysis. If any additional impacts occur, subsequent environmental documentation will be required. Mitigation Measure 15.f.2: Shared parking shall be required throughout the site. BP, GP PS, CE 1512 No reserved parking shall be permitted. ITEM NUMBER: DATE: 4-3-07 6. TO BE CONTINUED TO APRIL 17, 2007 PLN 2006-1117: PALMA AVENUE, ROSARIO AVE. AND RIDGEWAY COURT Owners/ Jim and Adrienne Beck, 5825 Ridgeway Court, Atascadero, CA 93422 Applicants: Gary and Mary Tharp, 12250 San Antonio Road, Atascadero, CA 93422 Project Title: PLN 2006-1117: CUP 2006-0184, TTM 2006-0089, ZCH 2006-0121 Project Palma Avenue, Rosario Avenue, Ridgeway Court Location: (San Luis Obispo County) APNs 029-322-022, 023, 024 Project The proposed project consists of an application for construction of 7 single family detached homes Description: on individual lots that will be developed under the requirements of a Planned Development -29 Overlay within the RMF -10 Zoning District. One existing home, designated as an Atascadero Colony Home is proposed to remain. Proposed homes range in size from 1500 square feet to 2300 square feet. Lot sizes range from 3155 square feet to 22,407 square feet. The project includes one home per lot, each two stories tall and with either a porch or a deck. Eight native trees are proposed for removal; 4 toyons, 2 Live Oaks, and 2 Valley Oak trees. The project will take access from Palma, Rosario, and Ridgeway Court. General Plan Designation: Medium Density Residential (MDR) Zoning District: Residential Multi -Family -10 (RMF -10) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. Environmental The proposed Mitigated Negative Declaration is available for public review at 6907 El Camino Determination: Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1117 Ridgeway Ct\PC To Be Confinued.am.doc