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PC_2007-04-17_AgendaPacket
CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, April 17, 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 17, 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 APRIL 3, 2007. COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name and address for the record and can address the Commission for five minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 2. PLN 2006-1181 AND PLN -2099-0313, 9700 EL CAMINO REAL Owners/ Ted Jacobson, 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 PLN -2006-1181, 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 amendments and shall supersede the previously certified document. 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 Environmental proposed. The proposed Mitigated Negative Declaration is available for public review at 6907 Determination: El Camino 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 17, 2007 Page 3 of 6 3. PLN 2006-1151, CONDITIONAL USE PERMIT, 8905 MONTECITO ROAD Applicant: Tastee Freez, John Sidders, 1209 Hanover Place, San Luis Obispo, CA 93401 Owner: Mono 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. 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 Determination: Friday. 4. PLN 2006-1117, PALMA AVENUE, ROSARIO AVENUE, 5825 RIDGEWAY CT. 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 Description: homes 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 Environmental proposed. The proposed Mitigated Negative Declaration is available for public review at 6907 Determination: El Camino 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 17, 2007 Page 4 of 6 5. PLN 2006-1141, 8787 PLATA LANE COMMERCIAL CONDOMINIUM CONVERSION Applicant: Geo -West, 5255 Traffic Way, Suite C, Atascadero, CA 93422 Owner: David Yarnold, P O Box 3071, Atascadero, CA 93423 Project Title: PLN 2006-1141, TTM 2006-0094, Commercial Condominium Conversion Project 8787 Plata Lane, Atascadero, CA 93422 Location: APN 056-051-049 Project The proposed project consists of an application to establish 7 commercial condominiums at an Description: existing commercial building. Description: General Plan Designation: Service Commercial Zoning District: Commercial Service Proposed The project qualifies for a Class 1 categorical exemption: Existing facilities. Environmental require 3,610 cubic yards of cut and 3,610 cubic yards of fill, with a maximum cut of 11 feet Determination: and maximum fill of 14 feet. The project includes 580 lineal feet of retaining wall for the 700 6. TO BE CONTINUED TO MAY 15, 2007 PLN 2006-1137, PRECISE PLAN FOR 10900 VISTA ROAD, GRADING ON SLOPES GREATER THAN 10% AND AN AMENDMENT TO MOVE THE BUILDING ENVELOPE Owner/Applicant: Lary and Ann Mathews, 5952 Bellingham Dr. Castro Valley, CA 94552 Phone: (925)602-6470 Project Title: Precise Plan 2006-0215, PLN 2006-1137. Grading on slopes greater than 10% and an Amendment to move the building envelope. Project Location: 10900 Vista Road, Atascadero, CA 93422 (San Luis Obispo County) APN 055-161-030 Project The project consists of an application to construct a 4,278 square foot single-family residence Description: on an existing 8.8 acre lot of record. An Amendment is proposed to move the building envelope that was originally established with Tract Map 1382 (November 1990) to a new location approximately 600 feet west, towards the center of the site. The proposed project will require 3,610 cubic yards of cut and 3,610 cubic yards of fill, with a maximum cut of 11 feet and maximum fill of 14 feet. The project includes 580 lineal feet of retaining wall for the 700 foot long driveway. The driveway crosses a drainage swale which requires 163 lineal feet of 24 -inch HDPE storm drain. Native trees are proposed for removal, including one 38 -inch Live Oak and 9 smaller Live Oaks and Scrub Oaks ranging in size from 4 to 6 -inches. The proposed residence will utilize a septic system. General Plan Designation: RE Zoning District: RS-PD2 Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The certified Mitigated Negative Declaration is available for public review from Determination: 03/29/07 through 04/17/07 at 6907 El Camino Real, Community Development Department from 8:00 a.m. to 5:00 p.m., Monday through Friday. City of Atascadero Planning Commission Agenda 7. TO BE CONTINUED TO A DATE UNCERTAIN Regular Meeting April 17, 2007 Page 5 of 6 PLN 2099-0792, SANTA YSABEL PLANNED DEVELOPMENT PD 25 Owners: Paritosh Patel, 930 Wigeon Way, Arroyo Grande CA 93420 & Niral Patel, 175 S. Mesa Road, Ni omo CA 93444 Project Title: PLN -2099-0792, Zone Change 2005-0110, CUP 2005-0174, TTM 2005-0081, PD -25 Project 7298 & 7312 Santa Ysabel Avenue, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 030-121-003 & 004 Project An application for a Zone Change, Conditional Use Permit, and Tentative Tract Map for the Description: construction of 12 new single-family attached homes on individual lots that will be developed under the requirements of Planned Development 25 overlay district within the RMF -16 Zoning District. Proposed homes range in size from 1512 to 1602 square feet of living space plus one or two -car garages. The project includes attached units with one home per lot. Additional parking is included in each driveway and four guest spaces are also provided on site. There are no native trees on site. The project includes a parking court which will take access off of Santa Ysabel Ave. General Plan Designation: High Density Residential (HDR) Zoning District: Residential Multi -Family -16 (RMF -16) 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. COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT 8. BALBOA ROAD STATUS REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on May 1, 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 17, 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: 4-17-07 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, April 3, 2007 — 7:00 P.M. Chairperson O'Keefe called the meeting to order at 7:00 p.m. and Commissioner O'Grady led the Pledge of Allegiance. ROLL CALL 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 / City Engineer Steve Kahn, Deputy Community Development Director Steve McHarris, Associate Planner Kelly Gleason, Associate Planner Kerry Margason, Assistant Planner Callie Taylor, and City Attorney Patrick Enright. Chairperson O'Keefe read the Decorum Guidelines. PLANNING COMMISSION BUSINESS PC Draft Minutes 04/03/07 Page 1 of 13 APPROVAL OF AGENDA Chairperson O'Keefe stated that Item #3 has been removed from the agenda. MOTION: By Vice Chairperson Fonzi and seconded by Commissioner Jack to approve the agenda. Motion passed 7:0 by a roll -call vote. DISCLOSURE OF EX PARTE COMMUNICATIONS: ■ Chairperson O'Keefe stated that all Planning Commissioners except one had visited the site of the tree removal permit (Item #2). ■ Commissioner O'Grady stated he had received several emails from citizens concerning the creek setback issue, and acknowledged those emails. He attended the League of California Cities Training Session in San Diego. ■ Commissioner Jack stated he had attended the field trip for Item #2 and the League of California Cities Training Session in San Diego. ■ Vice Chairperson Fonzi stated she visited the Chauplin Lane site and spoke with the applicant Don Messer regarding the creek setback issue and visited several creek side lots in Atascadero, received a call from Mark Gibbs, Board of Realtors and many emails to which she did not respond. She attended the League of California Cities Training Session in San Diego. ■ Commissioner Slane stated he had received emails concerning the creek setback issue but did not respond. He attended the League of California Cities Training Session in San Diego. ■ Commissioner Marks stated he had received emails to which he responded with an acknowledgement and visited the Fairfield Inn Hotel Healthcare Services site. He attended the League of California Cities Training Session in San Diego. ■ Commissioner Heatherington stated she received emails to which she did not respond and visited the Chauplin site. She attended the League of California Cities Training Session in San Diego. PUBLIC COMMENT Bruce Bevans asked for an update on the traffic mitigation for the Santa Barbara Road off ramp. City Engineer Steve Kahn reported that the current plan is for a four-way stop on the south bound off ramps and to look at improvements at the north bound off ramps. In addition a study will be done on cost estimates for a roundabout at the north bound ramps of the Santa Barbara interchange Eric Greening asked about possible impacts from a future roundabout on the Park and Ride lot at San Antonio Road, and commented that ground is being lost county -wide on Park and Ride spaces. PC Draft Minutes 04/03/07 Page 2 of 13 City Engineer Steve Kahn stated the Park and Ride lot is included in the new conceptual layout for the roundabout. Chairperson O'Keefe closed the Public Comment period. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON MARCH 19, 2007. MOTION: By Commissioner Jack and seconded by Commissioner O'Grady to approve Item #1. Motion passed 7:0 by a roll -call vote. 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. Associate Planner Kerry Margason gave the staff report and answered questions of the Commission. PC Draft Minutes 04/03/07 Page 3 of 13 PUBLIC COMMENT Eric Gobler, applicant's representative, spoke about the project, and made several corrections to the plans the Commission had received. He requested the applicant's original tree preservation easement be considered in lieu of fees and if fees are proposed instead of the preservation easement that the applicant be given the opportunity to discuss the amount with City staff. Mr. Gobler answered questions of the Commission. Henry Curtis, project arborist, answered questions of the Commission. Don Messer, applicant, gave a brief history of the project. Eric Greening explained why some of the assumptions previously used for projects on lots like this must be questioned, and suggested a fresh look at the tree ordinance is in order. Chuck Green suggested transplanting the larger trees or digging them up temporarily and then placing them back on the lot. Ann Colby, neighbor to this property, expressed concern with the amount of trees to be removed and impacted, and the amount of canopy to be lost. She would like the project sent back for re -consideration of the clustering arrangement or to follow staff recommendations with careful monitoring. Sid Bollen spoke about the tree canopy on this lot, the amount of new tree growth and his concerns for fire issues with a canopy of this density. Eric Gobler addressed issues raised by the previous speakers. Chairperson O'Keefe closed the Public Comment period. MOTION: By Vice Chairperson Fonzi and seconded by Commissioner Slane to 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, and that the applicant meet with staff to decide on the area up above and that it would be at least 50% of the area shown in there and it to be concentrated on the left hand side of the map, and have the fees waived because the applicant is putting in a larger conservation easement. Motion failed 3:4 by a roll -call vote (Heatherington, O'Grady, Marks, O'Keefe opposed) PC Draft Minutes 04/03/07 Page 4 of 13 MOTION: By Chairperson O'Keefe and seconded by Commissioner Marks to 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, and that the applicant will pay tree mitigation fees and that an open space easement will be created on the bottom half per the maps by staff and that the triangular section on lot 14 be removed and 50% of upper area be removed and the part that stays in would be where the wildlife is. Motion passed 4:3 by a roll -call vote. (Slane, Jack, Fonzi opposed) Commissioner Slane stated for the record that he voted against the motion because this is too intrusive of the property owner and is a burden on him. Commissioner Jack stated he needed more clarification on where the actual line would be drawn. Vice Chairperson Fonzi stated for the record that she voted against the motion because she believes it is punitive to have both the easement and the fees. 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) Zoning District: RSF-Z (1.5 to 2.5 acre minimum) Proposed Categorical exemption. Environmental Determination: This Item was withdrawn from the agenda by the project Owner. PC Draft Minutes 04/03/07 Page 5 of 13 PUBLIC HEARINGS 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 EI Camino Real, Community Determination: Development Department from 8:00 a.m. to 5:00 p.m., Monday through Friday. Commissioner Heatherington stepped down from consideration of this item stating that she was the Director of the Environmental Center when the lawsuit about creek setbacks was filed. Though she has not been an employee of that organization for almost two years and she has no conflict of interest, she stated she will recuse herself for this issue because she thinks it is best for public deliberation for that to happen. Commissioner Heatherington reserved the right to speak as a member of the public. Community Development Director Warren Frace and Assistant Planner Callie Taylor gave the staff report and answered questions of the Commission. PUBLIC COMMENT Richard Bastian stated his concerns because Graves Creek meanders all over his seven acre property and the setback would restrict his ability to enjoy his property. Sid Bowen stated he was in favor of protecting riparian habitats and wetlands but does not think this ordinance has been properly thought through, and that the cost for the studies alone would be too expensive for an owner who wants to improve his property. John Vesnamer commented that the Planning Department process is working already, that decks should not require a CUP, and the focus should really be on degradation of the creeks. PC Draft Minutes 04/03/07 Page 6 of 13 John Shadak spoke about an experience he had with the City regarding placement of a drainage pipe in his back yard and stated there is no longer 35 feet left. He urged the Commission to deny the ordinance. Mike Jackson stated he did not think there had been adequate notification to property owners. He expressed concern regarding all the oversight that has been added to the ordinance, and that the wetlands and drainage courses have not yet been plotted. Maria Hooper read from a prepared statement written by Anthony Doko regarding his concerns over an artificial drainage area on his property and how it would affect plans to improve or build on his property under this proposed ordinance. (Exhibit A) Dorothy Bench spoke in support of preservation and protection of creeks; however she stated an ordinance requiring 35 foot setbacks is divisive and illogical. She thinks if enough land is taken to preclude the owner from reasonable use of his land he must be compensated. Ken Jones was concerned that the City is placing an arbitrary restriction that has no meaning, and that some areas requiring setbacks never experience flooding. Jim Scrivener stated he owns one acre bordering the Salinas River and had received no notification of this hearing. He indicated a 50 foot loss on his property would be a significant loss and is not acceptable. Mark Gibbs, Chairman Governmental Affairs Committee for the Atascadero Association of Realtors, asked the Commission to consider the implications of this ordinance on property rights. Tim McCutchen commented that he did not see any mitigation to property owners for the loss of their properties in the Mitigated Negative Declaration, and was concerned with the setbacks for "significant drainage courses," which are not currently mapped and would affect many property owners who have not been notified. Mitch Culver stated he saw this as an attempt for a land grab and that there currently is a permit process in place that protects the creeks and wetland areas. He asked that this go back and be redesigned as is it unclear how many would be affected by the ordinance. Susie Anderson was concerned with the ramifications of this ordinance to the people in the community who may not understand that the creek reservation line is actually their property line. She asked why the city should usurp private property rights when the lawsuit was based on commercial property not residential. Richard Shannon stated that this ordinance would not encourage redevelopment in the downtown along the creek. His concerns were that this is arbitrary, it takes property PC Draft Minutes 04/03/07 Page 7 of 13 without compensation, and would put a two to three year time frame on processing permits. Chuck Cooper stated this proposal is a gross injustice and is tantamount to taking land from the property owner without just compensation. Don Blaize gave a PowerPoint presentation outlining the negative aspects of this proposed ordinance. (Exhibit B) Chairperson O'Keefe recessed the hearing at 9:41 p.m. Chairperson O'Keefe called the meeting back to order at 9:51 p.m. John Hollenbeck read from a prepared statement stating his belief that further extending the open space easements in the form of creek setbacks is illegal. (Exhibit C) Steven Arnold stated it would be better to enforce existing laws, keep ATV usage down and encourage people to be more responsible stewards of their backyard wetlands. Taking away property rights will anger people and lead to less cooperation. Jeff Van den Eikhof explained that because the creek does not follow the creek reservation line, using it to establish the setback may create a hardship for many property owners. He suggested that the ordinary high water mark shown on site plans should be the point from which setbacks are determined. He questioned who would determine what drainage course is "significant," and also suggested the Commission not apply this to those already in the planning process. Bill Bargues expressed concern that his property would be significantly reduced by this ordinance and questioned how the measurements would be derived as changes in the creeks occur seasonally due to the amount of rainfall and flow of the creek. Brad Taunt stated he is in support of creek preservation but opposed to this ordinance as presented. He was concerned with the arbitrary nature of the 25 to 35 foot number, and suggested there be additional thought and investigation on what properties are negatively affecting the creeks. Lon Allen cited several incidents in Atascadero history that demonstrated the need for building back from the creek, and read a letter from Marge Mackay into the record from the Atascadero Historical Society Board of Directors, stating their support for the creek setback proposal. Glen Horn stated the proposed ordinance would restrict him from developing his property by one-third. He indicated that when he purchased his property he researched the possible restrictions and found none; if he had known about this he would not have purchased the property. PC Draft Minutes 04/03/07 Page 8 of 13 John Galaher asked several questions, stated he considers this a taking, and that for every mile that this takes, 8.5 acres of property will be given up. He said it was the city's job to monitor the creek and have it cleaned up by those who abuse it. Warren Miller stated the city doesn't need any more ordinances to restrict private property; if there are problems in the creek then the city has should charge the guilty party to clean up the creek. Ken Lombardi spoke about his own property and explained that the 35 foot setback would leave him with nothing for a lawn or expansion of his home. Nick Miller spoke about the restrictions existing on his property at this time and was concerned about overlapping ordinances, challenges for weed abatement and privacy issues. Rick Johansen spoke in favor of cleaning up the creek rather than taking property away from owners. He stated the Commission should represent the people in the town and that the majority in Atascadero do not want this. Sue Bagdonis said she saw an ulterior motive in this of trying to get trails and bike paths, which she thought would cause more of a problem by creating impacts to the wildlife and bringing in crime. Ben Richardson spoke about organic architecture and engineering concerns along the creeks. He agreed that there had not been adequate notice, and commented that if 35 feet is taken from commercial properties along the creek, the city will actually be reducing its inventory of commercial properties. Andrew De Villers stated he owns property on both sides of the creek, and increasing the setback would render his property 20% useful, and if he wanted to expand the costs would be so great he could not justify it. Larry Cooks said he owns 5 '/2 acres long both sides of the creek and is in a flood zone so he would not have much property left if this goes through; he stated this was stealing. Chuck Green commented that if the setbacks are increased it would increase the city's responsibility to clean up the creek, which is not happening now. He stated he works hard to keep his property clean and if it is taken he will be unable to use his garden. Bill Schaffer stated the financial magnitude of the problem must be defined; what is the financial impact to property owners, and the dollar value of the land the city is taking possession of. MOTION: By Vice Chairperson Fonzi and seconded by Commissioner Slane to go past 11:00 p.m. PC Draft Minutes 04/03/07 Page 9 of 13 Motion passed 6:0 by a roll -call vote. MOTION: By Vice Chairperson Fonzi and seconded by Commissioner Jack to continue Item #5. Motion passed 4:2 by a roll -call vote. (Slane, Marks opposed) Margie George stated that the notice she received did not mention that the Salinas River properties were involved in the setback issue and fears that those who live along the river may not be aware that their properties will be affected. Jonalee Istenes commented that this ordinance will protect water quality and that the General Plan protects water shed in the city and promotes trails along the creeks. She urged the Commission to err on the side of caution to protect creeks from chemical contamination. Bill Artfeld explained that in other communities these decisions are handled through the development of a water shed plan with public participation. He said if the city takes the right steps it can get past the problems and craft a good ordinance that respects property rights. Julie Bennett stated she was very concerned that this be stopped now, as it is an issue of personal property rights and should not be a way to solve previous litigation issues in the city. John Hollenbeck read a message from his wife into the record in opposition to the ordinance, and asked several questions regarding the proposed setbacks. Ben Richardson asked if the ordinance addresses what could be done within in the setback other than as a building site, and questioned if a specific study has been made about any species that needs environmental protection on the north side of Atascadero Creek from City Hall to the river. Cliff Haggard stated that at one time there were crews of CYA wards that cleared areas to promote good drainage, however now no one can clean up the creek because it is so overgrown. He urged the city to clean up the creeks, not take away property. Pam Heatherington asked the City Attorney to define a "taking", spoke about the impacts to Atascadero Creek, the need to address downstream liability, and determine archeological findings. She commented that creeks, rivers, and streams are a public trust. Joe Montoya said he owns property along the creek and would like to be able to develop it as he has envisioned it, but that he would loose 40% of his property if this passes. He also stated that many of his neighbors had not received notice of this meeting. PC Draft Minutes 04/03/07 Page 10 of 13 Chairperson O'Keefe closed the Public Comment period. City Attorney Patrick Enright and Community Development Director Warren Frace addressed questions raised during Public Comment. Vice Chairperson Fonzi recommended that this go back to staff to have it reworked because it is not uniform; there should be more discussion on whether the setback is measured from the creek reservation or high water mark. Philosophically, she stated she has a problem with this in general. Jurisdictional wetlands must be identified and put before the public, and "significant drainage courses" must be clarified. Commissioner Slane stated he doesn't agree with the 35 foot setbacks and does not think the Salinas River should be included. Commissioner Jack thought 35 feet is too much, 20 feet is all he can support, and he was unsure why the Salinas River setback needs 50 feet rather than 20 or 35. MOTION: By Chairperson O'Keefe and seconded by Commissioner O'Grady to adopt Resolution 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 based on findings and with the exceptions for shallow lots and existing structures as written by staff. Motion tied 3:3, recommendation is not to adopt. (Slane, Jack, Fonzi opposed) Commissioner Slane stated for the record that if it was at 20 feet for the setback he might have voted for it. 5. THE COMMISSION VOTED TO CONTINUE THIS ITEM. 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 PLN -2006-0130, Zone Change 2006-0130 Project 9700 EI 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 PC Draft Minutes 04/03/07 Page 11 of 13 6. TO BE CONTINUED TO APRIL 17, 2007 PLN 2006-1117, PALMA AVENUE, ROSARIO AVE. AND RIDGEWAY COURT Owners/ house the medical offices. Building 2 is proposed to be an 80 room hotel totaling 51,740 square - Applicants: feet. Four native oak trees are proposed for removal. Project Title: Mitigated Negative Declaration 2005-0022 was previously certified for the construction of the Project office building. This document shall analyze all existing and new impacts due to the proposed Location: amendments and shall supersede the previously certified document. Project General Plan Designation: General Commercial (GC) Description: 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 El 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. COMMISSIONER COMMENTS AND REPORTS Commissioner O'Grady thanked all those who stayed and spoke about the proposed ordinance. DIRECTOR'S REPORT None PC Draft Minutes 04/03/07 Page 12 of 13 ADJOURNMENT Chairperson O'Keefe adjourned the meeting at 12:11 a.m. to the next regularly scheduled meeting of the Planning Commission on April 17, 2007. MINUTES PREPARED BY: Grace Pucci, Recording Secretary The following exhibits are available for review in the Community Development Department: Exhibit A — Anthony Doko, email Exhibit B — Don Blaize, PowerPoint handout Exhibit C — John Hollenbeck, letter PC Draft Minutes 04/03/07 Page 13 of 13 ITEM NUMBER: 2 DATE: 4-17-07 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 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. For the hotel portion of the site, the landscaping is estimated to be at 10%-12% of the hotel site area. 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. Some of the selected trees do not meet the standard requirement for drought tolerant landscaping, however, based on the nature of the landscape areas provided, staff is recommending that the proposed landscape plan be approved as proposed. 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). 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 16. 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. One of the trees (tree #9 — 47"LO), was previously approved for removal with the original CUP application Evergreen Native Trees (inches) Deciduous Native Trees (inches) I Totals Mitigation Requirement req'd tree replacements: 77 five gal trees req'd tree replacements: 0 five gal trees 77 five gal trees Tree Fund Payment: $ 3,866.67 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 Building and Site Improvements The applicant is requesting the following modifications to the office building and adjacent site improvements: dbh notes dbh notes 1 7 -inches LO 1 2 6 -inches TOY 2 3 6 -inches TOY 3 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 20 Total 232 -inches Total 0 -inches 232 -inches Mitigation Requirement req'd tree replacements: 77 five gal trees req'd tree replacements: 0 five gal trees 77 five gal trees Tree Fund Payment: $ 3,866.67 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 Building and Site Improvements 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. -- ------ l� � a s = �, - 'ds �s�s"a -�� .ems �..e� t —J��•e `.a -_ — -' 9 -- agtimdkm we B,, t 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 FO: 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. 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 parked vehicles. 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 FO: Final Occupancy 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. 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 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 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. 34. All public improvements shall be constructed in conformance with GP, BP CE the City of Atascadero Engineering Department Standard 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 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 3.15.1: 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 3.15.1 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 equipment meeting the ARB's 1996 or newer certification standard for 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 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 carried onto adjacent paved roads. Water sweepers with reclaimed 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 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 three-inch bed of a/4 inch granite covered with one -inch pea gravel 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 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. 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. 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.d.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 15.f.2 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 K e C H FRONT COLOR ELEVATION FAIRFIELD INN & SUITES ATASCADERO fid NANAGENENT V I T E CLASSIC BRONZE LIGHTING FAIRFIELD INN & SUITES Aamolf A FILA BLUE VINYL RED B HOPSACK C TURKISH COFFEE SIGNAGE COLORS PAINT - WINDOW PAINT - GUTTERS, FRAME & CORNICE TRELLIS, ACCENT LATTE G KILIM BEIGE EXTERIOR STUCCO FINISH BRICK BUILDING BASE 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: 3 DATE: 4-17-07 Atascadero Planning Commission Staff Report - Community Development Department 8905 Montecito Road Master Plan of Development (CUP 2006-0196 / PLN 2006-1151) (Tastee Freeze) SUBJECT: The proposed project consists of an application for a Conditional Use Permit to establish a Tastee Freez / Wienerschnitzel Drive-Thru Restaurant at 8905 Montecito Road. The project site improvements include parking, site landscaping, and frontage improvements. The site is currently vacant. At a Planning Commission hearing on March 15, 2007, the Commission voted 7-0 to continue the item to April 17, 2007 requesting modifications to the architectural design and additional parking and signage information. The included plans reflect these changes. RECOMMENDATION: Staff recommends Planning Commission adopt PC Resolution 2007-0018, certifying Proposed Mitigated Negative Declaration 2007-0001 and approving the Master Plan of Development (CUP 2006-0196) based on findings and subject to Conditions of Approval and Mitigation Monitoring. SITUATION AND FACTS: 1. Owner: Morro Road Homes, LLC, Kelly Gearhart, 6205 Alcantara Ave. Atascadero, CA 93422 2. Applicant / Representative: Tastee Freez, John Sidders, 1209 Hanover Place, San Luis Obispo, CA 93401 3. Project Address: 8905 Montecito Road, Atascadero, CA 93422 APN 056-071-010 4. General Plan Designation: General Commercial (GC) 5. Zoning District: Commercial Tourist (CT) 6. Site Area: 0.52 acre 7. Existing Use: Vacant site 8. Environmental Status: Proposed Mitigated Negative Declaration 2007-0001 DISCUSSION: Project Definition The proposed project consists of a request to establish a Tastee Freez and Weinerschnitzel Drive-Thru Restaurant. The proposed project is located on a vacant pad within a new commercial center between EI Camino Real and East Front Road which is adjacent to U.S. Highway 101 and the northbound Santa Rosa freeway on ramp. The Master Plan of Development includes a main dining building, outdoor patio, and a drive-thru facility along the Montecito and East Front Street frontages. Background 3urrounding Land Use and Setting: Borth: Commercial Tourist South: Commercial Tourist =ast: Commercial Tourist Nest: Highway 101 Project Site: 8905 Montecito The project site is within the General Commercial General Plan Land Use Designation and is zoned Commercial Tourist, which allows establishment of a Drive-Thru Restaurant only with the approval of a Conditional Use Permit. In August 2006, a Tentative Parcel Map (PLN 2006-1121/TPM 2006-0085, Morro Road Homes, LLC) was approved for the site that included the subject parcel. This lot split also included a shared parking and access easement across the two adjacent parcels, providing shared driveway, drainage, and utility access to EI Camino Real. The exhibit below identifies Parcel 1 (currently developed), Parcel 2 (currently vacant), and the Parcel 3 (proposed Tastee Freez Drive Thru). There is one native oak tree on Parcel 2 that is proposed to remain, and will not be impacted by the development of the proposed drive thru restaurant on Parcel 3. Parking lot connects through commercial center & back to EI Camino Real _J - - - - - -11411 - ------ -- ■_ Parcel 1, Parcel 3, previously -�_ s\ i E A 51T F Rp M T \\1+ \\ \\� \\ `\\i \\\ \\\ currently developed ^`_�—�,_„_ e �'�` proposed with -- CUP for drive thru restaurant TPM 2006-0085, approved August, 2006 Appearance Review Site Design The site plan has been designed to meet the requirements of the above-mentioned parcel map conditions, and the Atascadero Municipal Code. The restaurant building is oriented towards the Montecito Street frontage and the parking lot, with the drive thru facing East Front Road. East Front Road meets Montecito Avenue at the south west corner, and then slopes uphill to the Highway 101 on-ramp. The slope acts as a visual buffer between the drive thru lane and the travel lane on East Front, eliminating any interference between headlights at the drive thru and on coming traffic. A pedestrian sidewalk is included on the site plan which wraps behind the drive through at the bottom of the slope and connects with the adjacent commercial parcels. At the request of Planning Commission, the applicant has included two striped pedestrian access paths through the parking lot in front of the restaurant to aide in traffic calming and provide safe pedestrian access through the parking area. An outdoor patio has been included in the redesign of the site plan since the previous hearing. Six tables have been included along the front of the building adjacent to the parking area. As seen in the parking calculations below, the existing commercial center provides additional unused parking which can adequately serve the added six customer tables. The proposed parking lot is located off Montecito Avenue and connects with the parking areas for the rest of the center. The site plan includes 23 on-site parking spaces. The Zoning Ordinance requires 34 parking spaces to serve the restaurant. This includes parking spaces for employees, indoor, and the new outdoor tables. The shared parking and access easement which recorded with the previous Parcel Map allows the restaurant to share these parking spaces. The parking calculation shown below identify how many spaces in the center are reserved for the existing and future buildings on site. Three commercial buildings have been constructed in the Commercial center to date. One vacant pad remains between the proposed Tastee Freeze and K -Man bicycle shop. The Tentative Parcel Map for the site reflects a building the same size as the K - man bicycle shop (2744 sq. ft.) to be constructed at a later time. Commercial center parking is calculated at 1 space for each 300 sq. ft. of commercial space. 63 spaces in the center (total) 9522 ECR (one story building fronting EI Camino): 1464 sq. ft.= 5 spaces 9520 ECR (one story building facing parking lot): 1464 sq. ft = 5 spaces K -man (two story building located at the bend): 2744 sq. ft.= 9 spaces vacant site between Tastee Freeze & K -man 2744 sq. ft.= 9 parking spaces. Total: 28 spaces reserved for 4 buildings in the center (not including Tastee Freez) Additional parking remaining on site: 35 spaces As shown above, the shared parking on site provides the code required parking for the proposed Tastee Freez. The Tastee Freez requires 34 parking spaces, with 35 spaces available. The applicant on the proposed project has also included a bicycle rack in front of the new restaurant which may substitute for one parking space. This lowers the required parking for the proposed Tastee Freez restaurant to 33 spaces, which is available within the center. Full frontage improvements were conditioned as a part of the previous lot split done on the site. The applicant will be required to comply with all of the conditions of TPM 2006- 0085 for these improvements (CUP Condition 11.) The site plan currently proposed is consistent with the approved Tentative Parcel Map with exception of the drive thru. Although the owner has begun the site improvements for TPM 2006-0085, approval of the proposed project would require modifications to those improvements. Improvements are anticipated for the Santa Rosa/East Front/ Highway 101 interchange, including a new traffic signal at this location. As a new commercial business benefiting from the improved access at this freeway intersection, the applicant will be required to pay a fair share portion of the costs to improve this intersection (CUP Condition 28, Mitigation Measure 15.a.b.1.) ° l wONO Big Striped pedestrian access across parking lot o prig ° Architecture. Materials, Color The applicant has made substantial modifications to proposed elevations since the last Planning Commission hearing. The color and materials have been changed to include an earth toned Mediterranean color scheme consistent with the surrounding commercial center. Stone veneer has been included along the base of the building and half way up the height of the tower elements. The awnings have been change from the bright red to a deep terra cotta color fabric. A full size color board is available at City Hall for review. Traditional Mediterranean roof detailing has been added with the rafters under the tile roofs. The red tile diamond accents which were previously proposed have been replaced with Mediterranean style details, including iron accents and traditional tile accents. Goose neck lighting has been included to give a soft wash of light over the new building details. The trellis features are painted a neutral color, consistent with the earth toned color scheme. In addition, the tower elements have been brought forward 18 -inches to give dimension to the facades. The entry tower has also been widened and raised in height to give a more substantial look these elements. Conditions have been included in the attached resolution to include slight modifications to the paint colors, subject to staff approval. Additional traditional detailing to the rafters below the tile roofs is also conditioned. The tile roofs will be consistent with the tile used through out the center. The windows, doors, and lighting fixtures are conditioned to be a darker bronze color. (Conditions 15 through 23.) At the pervious hearing, the Commission discussed using stone veneer on the tower elements. The applicant has raised the stone veneer on the tower element up to the top of the windows to give proportion to the tower elements. The applicant has some concerns about any additional stone competing with the awnings if the stone is raised any higher up the building. Staff is not conditioning the veneer to be raised at this time, however, this may be conditioned if the Commission finds this to be necessary. Staff believes that the applicant has addressed all of issues mentioned at the previous hearing and has created a superior architectural design. The proposed architectural elevations are consistent with the appearance review requirements for the City of Atascadero and are consistent with the style of the surrounding commercial center. Proposed Front Elevation Facing Montecito Avenue Previous Submittal Front Elevation Facing Montecito Avenue Proposed Parking Lot Entrance Elevation Previous Submittal Parking Lot Entrance Elevation Landscape Design The preliminary landscape plan has been designed for compatibility with the surrounding commercial development. The proposal includes landscape screening with decorative shrubs between the proposed drive-thru lane and the adjacent sidewalks. Shade trees are provided throughout the parking lot and street trees will be provided 30 - feet on -center along Montecito Avenue. Landscape planters are included through out the parking lot and the trash enclosure has been screened with plantings, consistent with the Zoning Ordinance requirements. A condition has been included to include native and drought tolerant plant species. Slight modifications to the plant species will be made and checked at the time of building permits. The proposed landscape plan and palette, as conditioned, meets appearance review requirements. Signage The applicant is proposing six main building signs, two on each of the front and drive thru elevations (3 elevations with signage.) Since the applicant will be co -locating with both a Tastee Freez and a Wienerschnitzel in this building, signage is proposed for both businesses, included a wall sign for each. One freeway pole sign is proposed at the west corner of the lot with the Tastee Freez logo. A recessed red L.E.D. light band is proposed along the roof line. Additional menu signs are also included. The Sign Ordinance allows for 125 square feet of signage on a commercially zoned property, plus one freeway sign, up to 150 square feet, unless additional signage is approved by Planning Commission. The applicant has made some reductions to the previous submittal, removing some of the menu signs and directional signs. The applicant is now requesting a total of 191 square feet of signage on site (not including the freeway pole sign,) which is a request for 66 square feet of additional signage at Planning Commission's discretion. Condition #12 is included in the attached resolution to allow the 66 square feet of additional signage if approved by Planning Commission; the condition would need to be removed if Planning Commission denies this request. The LED lights proposed with the last submittal have been modified as to staff's request and are now proposed within a channel, eliminating the direct light source. The LED light will be reflected within the channel, created more a glow effect, rather than a direct light source. The proposed freeway pole sign requires an Administrative Use Permit for approval, which in this case is being referred to Planning Commission as part of the Conditional Use Permit. The Sign Ordinance states that in addition to the 125 square feet of building signage, "sites located adjacent to a Highway 101 frontage road may be authorized, through Administrative Use Permit approval, to use have a pole mounted freeway oriented sign with an area not to exceed one (1) square foot of sign area per lineal foot of freeway oriented building frontage up to one hundred fifty (150) square feet, whichever is less. Pole mounted signs shall not exceed fifty (50) feet in height or the minimum height necessary for effective visibility." Flag test were done on the site since the last submittal to see how tall the sign would need to be to be seen while on the freeway. As a result of the flag test, the applicant has modified the pole sign and is now proposing a 150 square foot freeway pole sign at 65 -feet in height. As seen in the photos below, a 65 -foot sign would be the minimum height necessary to be seen before the freeway exit. Several large trees are located along the freeway frontage which would block a 50 -foot sign. In addition, the project site is located at a lower elevation than the freeway, behind the freeway off ramp and frontage road located above. Due to the flag test results, the applicant is requesting the 65 -foot tall sign, subject to Planning Commission approval. Condition # 13 has been included to allow the freeway pole sign as proposed; Planning Commission would need to modify this condition to approve a smaller sign. 65' height clears trees nU1 U i LU �UuLI View of 65' pole sign at freeway exit View of 65' pole sign from northbound freeway (sign which is raised is 150 sq. ft.) A - . View of 65' pole sign before Santa Rosa freeway exit As discussed at the pervious hearing, the pole sign is proposed at 30 -inches between sign faces in order to allow for maintenance and access to the light source within the sign. At the previous hearing, it was suggested that the applicant could possibly black out the background of the sign to address any concerns regarding light pollution. The applicant has found that blacking out portions of the sign would not be feasible. However, the applicant has suggested that they could lower the total wattage used for the sign by 25% of the standard. The project has not been conditioned with any specific lighting requirements at this time, but this may be added by Planning Commission. The flowing references have been included as precedents for pole signs which have previously been approved with in the City. Based on previously approved signs, there is not a relationship between the pole sign area and the actual building frontage, but rather the signs have been approved in relation to total site frontage facing the freeway: 1. The Chevron station at 8955 Montecito was measured by the Tastee Freez applicant when the flag tests were being completed. They found that the existing Chevron sign is approximately 204 square feet and 50 -feet feet in height. There are no records on file at the City which show approval of this sign, it would be considered existing non -conforming. The site plan has 55 lineal feet of freeway oriented building frontage, and a much larger site frontage. 2. The KFC at 4500 San Palo was approved for a freeway pole sign with an AUP in October of 1999. The sign was approved at 40 -feet tall and 112 sq. ft. sign. KFC has about 78 lineal feet of freeway oriented building frontage, and a much larger site frontage. General Plan Consistency The proposed project is consistent with the following General Plan Land Use Element Policies: 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". Implementing General Plan programs requires appearance review of architectural design, materials and color, and landscaping to improve the appearance along street frontages, and incorporate architectural themes into the site and building design. The proposed drive-through restaurant is now consistent with the goals and policies of the Land Use Element, and the General Plans goals in relation to architectural design and compatibility. Findings Conditional Use Permit A Conditional Use Permit is required for all drive-thru restaurants. The Conditional Use Permit process provides the opportunity for the public and the Planning Commission to review the specifics of land use proposals, such as appropriateness of use, architectural design, site design, landscape, signage, and specific standards of the Zoning Ordinance. The Planning Commission must make the following five findings to approve a Conditional Use Permit: 1. The proposed project or use is consistent with the General Plan 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 Land Use Element Policy 1.1.7. and Land Use Element Policy 2.1. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance.) Staff Comment: As conditioned, the project satisfies the conditional use permit and zoning code provisions for a commercial development, including the appearance review requirements. 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 site plan and landscape plan are consistent with the existing commercial center. With the recent revisions, the project would provide high quality architecture to enhance the East Front and Montecito Street frontages. 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, as conditioned, is consistent with the traffic projections and road improvements anticipated within the General Plan. Based on staff's analysis in the preceding sections, all of the required findings for approval of a Conditional Use Permit can be made. Proposed Environmental Determination A Draft Mitigated Negative Declaration was circulated to public agencies and interested members of the public on February 28, 2007. The environmental analysis identified concerns regarding potential impacts to aesthetics, noise, and traffic. Mitigation measures pertaining to these resources are included. It is the opinion of staff that the combination of mitigation measures and conditions of approval will reduce any potential environmental impacts to a level of insignificance. A finding is proposed that this project would not have a significant effect on the environment based upon the implementation of the identified mitigation measures. Staff is recommending that the Commission certify Proposed Mitigated Negative Declaration 2007-0001. Conclusion The proposed project represents an infill commercial project within the Commercial Tourist Zone. Staff has worked with the applicant to advance the franchise prototype design to a level of appearance that is consistent with Atascadero Appearance Review standards. Extensive modifications have been made to the architectural design of the elevations to create a building consistent with the surrounding center. Staff recommends that the Planning Commission approve the proposed Conditional Use Permit, subject to conditions. ALTERNATIVES 1. 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. 2. The Commission may approve the project with modifications to the project and/or conditions of approval for the project. 3. The Commission may deny the project. The parcel would retain its designation of Commercial Tourist, and a drive-thru would not be allowed. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Callie Taylor, Assistant Planner ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Draft Resolution PC 2007-0018: To approve the project Attachment 1: Location Map, General Plan and Zoning Zoning: CT (Commercial Tourist) General Plan Designation: GC (General Commercial) ATTACHMENT 2: Draft Resolution PC 2007-0018 to Approved the Proposed Project DRAFT RESOLUTION PC 2007-0018 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO CERTIFYING PROPOSED MITIGATED NEGATIVE DECLARATION 2005-0047 AND APPROVING CONDITIONAL USE PERMIT 2006-0196 (PLN 2006-1151) APN 056-071-010 (8905 Montecito / Tastee Freez) WHEREAS, an application has been received from John Sidders & Tastee Freez, 1209 Hanover Place, San Luis Obispo, CA 93401 (Applicant) and Morro Road Homes, LLC, 6205 Alcantara Avenue, Atascadero, CA 93422 (Owner) to consider a project consisting of a Conditional Use Permit (CUP 2006-0196 / PLN 2006-1151) for a drive-thru restaurant at 8905 Montecito (APN 056-071-010); and, and, WHEREAS, the site's current General Plan Designation is General Commercial (GC); WHEREAS, the site's current zoning district is Commercial Tourist (CT); and, WHEREAS, Drive-thru restaurants are a Conditional Use in the Commercial Tourist zone; and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2007-0001 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on April 17, 2007, studied and considered the Conditional Use Permit 2006- 0196, 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 Certification of the Proposed Mitigated Negative Declaration. The Planning Commission finds as follows: 1. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project's mitigation monitoring program as conditions of approval; and, 2. The project will not achieve short-term to the disadvantage of long term environmental goals; and, 3. The project does not have impacts which are individually limited, but cumulatively considerable; and, 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. SECTION 2. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); 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. 6. That the proposed sign area schedule be approval by Planning Commission, including a 150 square foot freeway pole sign at 65 -feet height, and 66 square feet of additional signage above the 125 square feet allowed by the Sign Ordinance. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a session assembled on March 19, 2007, resolved to approve the Conditional Use Permit 2006-0196 subject to the following: EXHIBIT A: Proposed Mitigated Negative Declaration EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan EXHIBIT D: Landscape Plan On motion roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: EXHIBIT E: Grading and Drainage Plan EXHIBIT F: Floor Plan EXHIBIT G: Elevations EXHIBIT H: Color and Materials Board EXHIBIT I: Signage details and locations by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A Proposed Mitigated Negative Declaration 2007-0001 See Following EXHIBIT B: Conditions of Approval / Mitigation Monitoring Program Conditional Use Permit 2006-0196 / PLN 2006-1151 Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin BL: Business License 9 8905 Montecito Road GP: Grading Permit Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services 2006-0196 / PLN 2006-1151 TO: TempoBS:CUP Occupanccymry Serviceisding F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. This conditional use permit shall be for a drive-through restaurant and FM PS associate site improvements as described on the attached exhibits and located on parcel 056-071-010 regardless of owner. 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) months BP/FM PS after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 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 consistent BP/FM PS, CE with the Master Plan of Development contained herein. 7. All exterior elevations, finish materials, and colors shall be consistent with BP PS the Master Plan of Development as shown in EXHIBIT C, D and F. All exterior material finishes shall be durable, high quality, and consistent with the architectural appearance. 8. All site work, grading, landscape and site improvements shall be consistent BP/FM PS, BS, with the Master Plan of Development as shown in EXHIBIT C and D. CE 9. A final landscape and irrigation plan shall be approved prior to the issuance BP PS, BS of building permits and be included as part of site improvement plan consistent with EXHIBIT D, and as follows: Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin BL: Business License 9 8905 Montecito Road GP: Grading Permit Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services CUP 2006-0196 / PLN 2006-1151 TO: Temporary Occupancy BS: Building Services FO: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attomey ■ All exterior meters, air conditioning units, mechanical equipment, and trash storage shall be screened with landscape material. • All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site. ■ Landscape shall be drought tolerant and include native plants. Any revisions the landscape plan shall be checked for consistency with this requirement by staff prior to building permit issuance. 10. The developer and/or subsequent owner shall assume responsibility for the GP PS continued maintenance of all landscape and common areas, consistent with BP EXHIBIT D. 11. The site shall be subject to all conditions of the Tentative Parcel Map TPM GP, BP PS, CE, 2006-0085, approved August, 2006. BS, FD 12. All signage on site shall be consistent with Exhibit I. Total sign area on site GP PS shall not to exceed 191 square feet (not including the freeway pole sign.) BP 13. A 65 -foot tall freeway pole sign shall be allowed at 150 square feet per side, GP PS with sign faces separated by 30", as consistent with Exhibit I BP 14. LED lights shall be recessed in channels along the roof line. No direct light GP PS source shall be visible from street level. BP 15. Tile roofs shall be consistent with the color of the surrounding commercial GP PS center, and will include traditional earth toned color. BP 16. Final color selection shall be subject to staff approval. Slight modification to GP PS the trim colors along the roof line and the trellises will be included prior to BP building permit issuance, and will include deeper, earth toned colors, consistent with the color scheme. 17. Stone veneer will be included along the base of the building and along the GP PS tower elements consistent with Exhibit G. The rear drive thru window BP elevation will be modified to include stone veneer around the entire drive thru window. 18. The windows and doors shall be dark bronze in color GP PS BP 19. The goose neck lighting shall be anodized metal, and shall appear dark GP PS bronze in color. Placement and location of lights on the facades shall be BP subject to staff approval 20. 33 parking spaces shall be made available for use through the shared GP PS parking and access agreement within the existing commercial center. BP Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program iiity Measure /Monitorin BL: Business License 9 8905 Montecito Road GP: Grading Permit Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services CUP 2006-0196 / PLN 2006-1151 TO: Temporary Occupancy BS: Building Services FO: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Aftomey 21. A bicycle rack shall be installed in front of the building. GP PS BP 22. Additional detailing along the rafters under the tile roofs shall be completed GP PS during building permits. The detailing shall reflect traditional wide overhang BP and rafter details in the corners under the tile roof. 23. 2 striped pedestrian accessways shall be included in the parking lot, GP PS/CE connecting to the front entrance. BP City Engineer Project Conditions 24. All off-site improvements (curb, gutter and sidewalk within City rights of GP, BP CE way) shall be completed under a separate permit and are not approved as part of this project. City Engineer Standard Conditions 25. Alignment of frontage improvements shall be approved by the City GP, BP CE Engineer. 26. All onsite sewer mains shall be privately owned and maintained. BP CE 27. Applicant shall pay sewer extension (Annexation), Connection and BP CE Reimbursement fees (if applicable) upon issuance of building permit. 28. Drainage piping serving fixtures which have flood level rims located below BP CE the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve. Atascadero Mutual Water Company 29. Before the issuance of building permits, the applicant shall submit plans GP, BP CE to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross-connection devices shall conform to AWWA and California Department of Health Services standards. 30. Before the start of construction on the water system improvements, the GP, BP CE applicant shall pay all installation and connection fees required by AMWC. 31. Before issuance of building permits, the applicant shall obtain a "Will GP, BP CE Serve" letter from AMWC. Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin BL: Business License 9 8905 Montecito Road GP: Grading Permit Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services CUP 2006-0196 / PLN 2006-1151 TO: Temporary Occupancy BS: Building Services FO: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attomey Mitigation Measures 32. Exterior parking lot lighting shall be designed to eliminate any off site BP BS, PS, 1.d.1 glare. All exterior site lights shall utilize full cut-off, "hooded" lighting CE 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. 33. The project shall be conditioned to comply with all applicable District BP BS, PS, 3.b.1 regulations pertaining to the control of fugitive dust (PM -10) as contained CE in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy- duty diesel engines. ■ 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 Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin BL: Business License 9 8905 Montecito Road GP: Grading Permit Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services CUP 2006-0196 / PLN 2006-1151 TO: Temporary Occupancy BS: Building Services FO: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Aftomey 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 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. 34. The grading permit application plans shall include erosion control GP PS, BS, 6.b.1 measures to prevent soil, dirt, and debris from entering the storm drain CE 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. 35. A soils report shall be required to be submitted with a future building BP, GP PS, BS, 6.d.1 permit by the building department. CE 36. The developer is responsible for ensuring that all contractors are aware BP, GP PS, BS, 8.e.f.1 of all storm water quality measures and that such measures are CE implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. 37. All construction activities shall comply with the City of Atascadero Noise BP, GP PS, BS, 11.d.1 Ordinance for hours of operation. CE 38. The proposed project shall be responsible for the installation of all BP, GP CE 15.a.b.1 required frontage improvements along East Front Road and Montecito Ave. Improvements will be constructed for buildout conditions. The applicant shall be required to pay a fair share portion of the improvement costs for the Santa Rosa interchange signalization project. Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin BL Business License 9 8905 Montecito Road GP: Grading Permit BP: Building Permit PS: Planning Conditional Use Permit FI: Final inspection Services CUP 2006-0196 / PLN 2006-1151 TO: Temporary occupancy BS: Building Services F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 39. The project shall utilize existing access points for the existing shopping BP, GP CE 15.a.b.2 center and as approved for PLN 2006-1121 (the three lot split which created the existing parcels.) No new access points shall be permitted. EXHIBIT C: Master Plan of Development/Site Plan EXHIBIT D: Landscape Plan Immurasa wr ra �'�'-�'^'VO 'OH30VOSVSV YT•o0®Or�Onil '3AV O11 O31NOW 9008 Mill f1tlH1-3AItlO 1VIOtl3WW00„q,,,, B o ,� NVId 3dV 080NV1 'WIl3Nd � ; Q � � p F� p t�tpSC�F 1'.��� g6l s'9 s&;& Ali. VF l 55 �3l`g��jr' EXHIBIT E: Grading and Drainage Plan 81 �g 7g} y lya {A�y�, asha9 [ /NN q � �E�� 7 �� K � �7 "^NR^• � 9� a��� l � �� On � V M1� L R 45 + ^.�x``++• �. � � is --- ----� - - ----- - -�� , ■S �' I 1 f ` � i I k� JjI 7` I i , •+ I I I I •,e I � / Vii' d r- I I i / I EXHIBIT F: Floor Plans w a o 0 I` �^ Q O W z N II z O LL g 8 U W wu- a Y Odi 0 (OWp W J R Y OdW aa N0 o vi MMA f-WIM In FA _ kl ■�� iii. . II nil o �,• ��I � 1 �iI Ilii' I�1 ■I ' . ME ��_. �■� I _II - II �• • Mmll EXHIBIT G: Elevations: Front elevation facing Montecito Ave. t 9 N z a EXHIBIT G: Elevations: Front entrance facing parking lot M EXHIBIT G: Elevations: Drive Thru elevation facing East Front Road mim og o a Le z o-.�z z O a EXHIBIT G: Elevations: Rear / Service elevation o < .11 A91 z O Q LU J W EXHIBIT H: Color and Materials Board See project file for specific proposed color EXHIBIT I: Signage: Sign location diagram 0 J n --•--- ---A. ___$-__._.-- , 1 OC a zit" '._ i 1 JWp S QuOIX O<i .0Z 0. O� MM a.0. f u IA 2 wO 2 aOu s '1Y•I�, W LL o 02. O Z� f6 CU3 O z 0 ar I iff���!ll vl a O O ,'n 0.0 W yW FO #` E C w Sy00s Ow LA- ! i e CM i I 0 < 1 pa n I „ KN o �a.. a. O Z o N d O¢ m m > o_ i O u a f w L) f N ❑ 0OU < •' i{ v 0 W d W C 00 w W CL 0 x - 0 8W - J a x N avo0 j `dSOM VINVS z W W sae �a < v, as; {j7r� U ^foo: u �O� h J � W 3 u o u r EXHIBIT I: Signage: Wall Sign detail w z Q Q D E� LL t mNcl f IL=V WJ W zL x�LL wd5 <LL mmm NF J 50m gm MY a IL m -o Z}=-LLN�QN�jz� DLL7 E:ul �0 .6ZQ°46 O a� a mN� w m 0 m g a ix CL O M a 0 UP OaP x 'a u°iLL FOm��o ZW��m OzlwP EXHIBIT I: Signage: Wall Sign detail EXHIBIT I: Signage: Freeway Pole Sign: 65 -feet tall & 150 sq. ft. sign 3 = O ' D y r V+ m a n r n O O m N g . n r m . m z 0 ' o ' m m a z c yyyy yT p Y a • 0 a o_ z 0 xx 0 m E� N N O ' m c C m •63 D o m oti T2O 0 a a m 't FM M2 o a m �xz ;og C)o :05 an 5 �NV19 O m P Q 65 37' 120" ff 1a ftastee freez SIDE VIEW OPTION 3 MANUFACTURE AND INSTALL • POLE SIGN ALUMINUM CABINET AND RETAINERS PAINTED MITE SATIN FINISH., 111 WHITE POLYCARBONATE FLAT FACE WITH FILM APPLIED FIRST SURFACE. BACKGROUND: WHITE MTN INTENSE BLUE +230-171 BORDER COPY:'TASTEE FREEr RED 4230-33. COPY: "RE5TAURANr WHITE . BACKGROUND. INTENSE BLUE 4230-121. ICE CREAM: NWITE WITH BLACK DETAILS, GONE: L*HT BE*E 4230-149 WITH BLACK DETAILS, ILLUMINATION: INTERNALLY ILLUMINATED WITH WO A HO LAMP -5. POLE: PAINTED TO MATCH INTENSE BLUE 4230-121. EXHIBIT I: Signage: Drive Thru Menu Signs I .69 'a F3 xA M Oyut }Du 1 o� n USN 3 m 4 300119- Ilk" - '-�—�_ 1� ' I ♦ ♦ d 9gN� Ji a 00 .9t � N O ♦ � F b u X 55$ a 3 .. O00 . ............. _.... .L � I _ � n Z 0 .69 EXHIBIT I: Signage: LED light detail ITEM NUMBER: 4 DATE: 4-17-07 Atascadero Planning Commission Staff Report - Community Development Department Ridgeway Court Planned Development: PLN 2006-1117 — Custom Planned Development #29 (5825 Ridgeway Ct / Beck) RECOMMENDATIONS: Staff Recommends Planning Commission: 1. Adopt Resolution PC 2007-0029 recommending the City Council certify Proposed Mitigated Negative Declaration 2007-0003; and, 2. Adopt Resolution PC 2007-0030 recommending the City Council introduce an ordinance for first reading by title only, to approve Zone Text Change 2006-0121 to establish Planned Development Overlay Zone #29; and 3. Adopt Resolution PC 2007-0031 recommending the City Council introduce an ordinance for first reading by title only, to approve Zone Map Change 2007-0135 based on findings; and, 4. Adopt Resolution PC 2007-0032 recommending the City Council approve Conditional Use Permit 2006-0184 (Master Plan of Development), with modified parking option "c" as modified, based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 5. Adopt Resolution PC 2007-0033 recommending the City Council approve Vesting Tentative Tract Map 2006-0089 based on findings and subject to Conditions of Approval and Mitigation Monitoring. REPORT -IN -BRIEF: The proposed project consists of a Zone Text Change to establish a new site-specific Planned Development #29 overlay zone, and Zone Map Amendment to establish a Planned Development Overlay Zone #29 on the subject site with a corresponding Master Plan of Development (CUP) and vesting Tentative Tract Map that would allow an 8 -unit detached residential planned development. The project site is currently developed with a single-family residence that has been identified as a Colony Home. DISCUSSION: Situation and Facts: 1. Applicant / Representative: Jim and Adrienne Beck, 5825 Ridgeway Court, Atascadero, CA 93422 Gary & Mary Tharp, 12250 San Antonio Road, Atascadero, CA 93422 2. Project Address: 5825 Ridgeway Court, Atascadero, CA 93422 APNs 029-322-022, 023, 024 (San Luis Obispo County). 3. General Plan Designation: MDR (Medium Density Residential) 4. Zoning District: RMF -10 (Residential Multi -family - 10) 5. Site Area: 1.105 acres 6. Existing Use: Historic Colony Home 7. Environmental Status: Proposed Mitigated Negative Declaration 2007-0003 Background Surrounding Land Use and Setting: North: Residential Multi -family East: Residential Multi -family South: Residential Multi -family West: Commercial Retail / Public l� f A / _------------ ------------------ 04- Q -04- Proposed Project Sites The project site is within the Medium Density Residential General Plan land use designation and is zoned Residential Multi -Family -10, which allows for a maximum density of 10 units per acre. The properties within the existing residential neighborhood are developed with a combination of single- and multiple -family projects. The existing home is designated as a Colony Home and is proposed to remain. The project came before the Planning Commission on July 18, 2006 for preliminary review by the Planning Commission. Staff noted concerns regarding impacts to native trees, the design of the units, exiting onto Rosario Ave, and the setback off of Palma Ave. These issues are discussed below. ANALYSIS: The proposed site plan has been designed to meet the requirements of the Atascadero Municipal Code and the appearance review requirements of the General Plan. Seven new detached hillside units are proposed on the project site along Palma and Rosario Avenues and the existing Colony Home located off of Ridgeway Court is proposed to remain. Proposed new 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 proposed homes along Palma are 3 -stories in height. As a Planned Development, the Planning Commission must find the project provides high quality architectural, landscape, and site design to warrant the granting of special development standards. Appearance Review Site Plan and Circulation The proposed project includes seven detached units and one existing Colony Home. Each of the new units will take access either off Rosario Ave or Palma Ave. The Ridgeway Court frontage will remain as existing, with the exception of required frontage improvements, to maintain the historic character of the existing home and preserve character defining site elements such as an existing rock wall and historic carriage house. Three concerns were discussed at the July Planning Commission meeting related to the layout of the units and the proposed site plan. Staff presented concerns related to tree impacts and minimized setbacks off of Palma Avenue for discussion. The Planning Commission also discussed concerns regarding vehicles backing out of the driveways onto Rosario Avenue. The following summarizes each issue with the Planning Commission direction given and applicant response. Native Tree Impacts and setback along Palma Ave: The existing hillside area adjacent to Palma Ave contains 19 native trees ranging in diameter from 17 -inches to 88 -inches dbh. Due to the historic nature of the existing home, the development area of the site is limited to the more sloped areas of the property. The Planning Commission directed the applicant to position the units in a way that aimed to preserve the healthiest trees. In addition, the Planning Commission recommended further reducing the setback along Palma Avenue to allow for fewer impacts to the hillside. The applicant redesigned the units to reduce the depth of the units and moved the units closer to Palma Avenue to minimize impacts to the existing native trees. In addition, the units closest to the corner of Rosario and Palma were designed to avoid the need to remove two native oak trees (26 -inch Live Oak and 36 -inch Valley Oak). The applicant maintained the 3 -story design which minimizes the building footprint and, thus, the area of disturbance necessary to construct the units. The proposed setback along Palma Avenue is a minimum of 5 -feet from the existing right-of-way for the garage level with the units stepping back at the upper floors. Because of newer ADA requirements, the applicant will be required to construct the sidewalk on the private property side of the existing right-of-way. This design allows a path of travel unobstructed by the required driveway approaches. This further reduces the setback along Palma Ave to less than 2 -feet from the sidewalk. An offer of dedication is proposed over the sidewalk. Staff is recommending an alternative to the proposed sidewalk design as discussed below in the frontage improvement section. Driveways along Rosario Avenue: The applicant redesigned the units along Rosario Avenue to provide adequate turn- around area to allow vehicles to forward exit onto Rosario Avenue. The turn -around area is provided both for the garage and guest parking spaces. Parking Each new unit contains a 2 -car garage and 1 guest parking space on-site. The Colony Home site will remain as it currently exists today. Because the applicant redesigned the units to decrease the setback and impacts to the hillside, the guest parking required of most standard Planned Development Overlay Zones (1 space per unit) was relocated adjacent to the units. The applicant's current proposal includes 2 guest parking spaces between units 7 and 8, and two spaces between units 5 and 6 with a consolidated landscape area between units 6 and 7. The applicant is proposing to construct the guest parking spaces of pavers or stamped and colored concrete. Staff has concerns that the streetscape along Palma Avenue is hardscape dominant under this scenario and not enough opportunities exist for landscaping along the Palma Avenue frontage. The applicant is aware of staff's concerns and has prepared 2 alternative site configurations that maintain the reduced footprint and setback but modify the location of the guest parking spaces. As a custom Planned Development Overlay, the Planning Commission has the discretion to allow a modified parking scenario. The applicant has included the design alternatives at the end of the Planning Commission packet for your review. The alternative site plans are analyzed below: Alternative A: Current proposal discussed above. Alternative 8: The applicant separated the guest parking spaces so that 1 space is between each of the units fronting Palma Ave. The scenario increases the amount of landscaping between each unit. Alternative C: The applicant is proposing to eliminate guest parking for units 5 through 8 and construct improvements on the opposite side of Palma Ave along the rear frontage of the City's police station to increase the on -street parking opportunities along Palma Avenue as a whole. While on -street parking does not technically count towards the counted number of parking spaces for a project, the Planning Commission has the ability under the custom Planned Development Overlay Zone #29 to approve this option. It is the applicant's opinion that, due to the limited number of residences off of Palma Avenue and the likelihood of the police station site being redeveloped and required to construct full frontage improvements, the proposed improvements would benefit the proposed development and fulfill the guest parking need. The Planning Commission can approve any of these alternatives under the provisions of the custom Planned Development Overlay zone. Based on the landscaping for the project and the constraints of site development, staff is recommending that the Planning commission consider option "c" with the following modification: �. Condition the project that the applicant increase on -street parking opportunities rather than approve the exhibit as presented. Staff is not in support of widening the opposite side of Palma Avenue based on current slope conditions. Eliminating the guest parking between the units would provide two on -street parking spaces in front of the proposed units, creating a reduction in standard parking requirements of two spaces. Option "c" is not included in the attached resolutions. If the Planning commission wishes to approve option "c", option "b" or any combination thereof, the Planning Commission should state that in their motion and include any additional conditions. Frontage Improvements: Curb, gutter, and sidewalk are required along all frontages of the project site including Ridgeway Court. Due to the location of the existing stone wall, the frontage improvements have been slightly modified to allow these improvements to remain. Staff is recommending and has conditioned that he Palma Avenue frontage include a rolled concrete curb up to lot 5 and location of the sidewalk at the edge of the existing right-of- way. Architecture. Materials. and Color The proposed units range in size from 1500 square feet to 2300 square feet. The units along Palma Ave are 3 -storied in height. Unit 3 located along Rosario Avenue also includes a third story conditioned floor within the apex of the roofline. During the July meeting, the Planning Commission directed the applicant to enhance the colony style architecture of the proposed units and add detailing to compliment the existing Colony Home and surrounding historic properties. Units 2, 3, and 4 include porches facing Rosario Avenue that include stylized columns, a variety of siding materials including horizontal and vertical siding, stone veneer, and shake accents. In addition, each unit includes double hung windows and exposed roof rafter tails. Each garage is designed as a side -loading garage to minimize the appearance of the garage doors from Rosario Avenue. Unit 4, located on the corner of Rosario and Palma Avenues is designed with the garage facing Palma Avenue. The applicant's original design presented in July included a design with a wrapped porch at the corner, however, in designing the site to minimize impacts to native trees and prevent backing out onto Rosario, the applicant could not maintain the original design concept. The applicant did tilt the garage and added an additional porch feature along the side of the garage facing Rosario Avenue to minimize the appearance of the garage. Units 5, 6, 7, and 8 area designed as 3 -story hillside homes that will be built into the hill. From the front the unit will appear as 3 -stories, however, from the rear, the unit will appear as 2 -stories. The applicant has varied the fagade of each unit providing an individual character for each residence by differing the roof elements and styles as well as the porch elements. The units have been designed with two single -car garages to minimize the bulk of the garage doors. The garage level is proposed to be clad in stone veneer to reduce the perceived height of the units and reflect the rock wall that will be replaced by the units and the associated improvements. These units also contain a variety of materials and colony style details. Landscape Design The preliminary landscape plan has been designed to retain existing mature native oak trees. Street trees are provided along Palma and Rosario Avenues with medium scale trees included in landscape planters adjacent to the sidewalk along Palma Avenue. Proposed landscaping includes drought tolerant shrubs and accent plants with minimized turf areas. Staff has added conditions of approval to ensure high quality landscaping along the Palma Avenue frontage and integration with proposed retaining walls. Native Tree Mitigation/Preservation A tree removal application for 8 native trees is included with the proposed development, 4 Toyons, 2 Valley oaks, and 2 Live oaks. A condition of approval has been included requiring the applicant to pay mitigation fees into the Tree Replacement Fund or provide equivalent re -plantings on site, as required by the Atascadero Native Tree Ordinance and as shown in the following chart (Condition CUP 20). Evergreen Native Trees (inches) Deciduous Native Trees (inches) Totals dbh notes dbh notes 1 4 -inches 1 24 -inches 2 4 -inches 2 22 -inches 3 30 -inches 3 4 5 -inches 4 5 5 -inches 5 6 5 -inches 6 Total 53 -inches Total 46 -inches 99 -inches Mitigation Requirement req'd tree replacements: 18 five gal trees req'd tree replacements: 31 five gal trees 48 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees (24") 0 box trees (24") 0 box trees (24") Remaining Mitigation 18 five gal trees Remaining Mitigation 31 five gal trees 48 five gal trees Tree Fund Payment: $ 883.33 Tree Fund Payment: $ 1,533.33 $ 2,416.67 A condition of approval has also been included to require the applicant to pay a mitigation deposit for all trees impacted 40% or greater. Under this scenario, a deposit will be required for 2 trees. Site Drainage Site drainage will be piped to underground detention basins located under the guest parking spaces along the Palma Avenue frontage and within the driveway area of Lot 4. Easements will be required to be recorded on the final map to ensure continued maintenance of the shared facilities. Wastewater Sanitary sewer will be connected to existing facilities in Rosario and Palma Avenues. Fiscal Impact Based on findings from the Taussig Study, revenue from new residential development including property tax revenues, vehicle licensing fees, sales taxes, and other revenues are insufficient to cover the maintenance and emergency services costs of new development. Based on the revenue projections from the Taussig Study, the City has developed standard conditions of approval for new development projects that require the cost of maintenance and emergency services to be funded by the project through a combination of road assessment districts, landscape and lighting districts and community facilities districts (Conditions 17 and 18). Inclusionary and Workforce Housing The City Council has implemented an interim Inclusionary Affordable Housing Program to include a fixed percentage of units within residential developments that require a legislative approval to be reserved as deed restricted affordable units or for an in -lieu fee to be paid. A condition of approval has been added to ensure this requirement is met (Conditions 14 and 15). Project Benefits One of the required findings for approval of a planned development rezone is the project must "offer certain redeeming features to compensate for the requested modification." The table shown below outlines the Council policy on Planned Development benefits. In order to approve this project, the Planning Commission must find that the project offers all of the tier 1 benefits to qualify for a Planned Development project. In addition, staff notes that this project does include preservation of a historic Colony Home, which is listed as a Tier 2 benefit. PD Location Tier 1 Benefits Tier 2 Benefits Inside of Urban Core a) Affordable / Workforce Housing a) Pocket Parks in larger projects b) High Quality Architectural Design b) Trails / Walkways for Pedestrian PD 25 c) High Quality Landscape Design Connectivity d) Buffering between Urban and c) Historic Preservation Suburban zones (large lot sizes, increased setbacks, landscape buffers, etc.) e) Higher density to meet Housing Element goals Tentative Tract Map An 8 -lot Tentative Tract Map (TTM 2006-0089) is proposed as part of the project consistent with the proposed Master Plan of Development and proposed PD -29 Overlay Zone. The Tract Map has been conditioned by staff and the City Engineer to meet all City standards including on-site subdivision and frontage improvements. The applicant will be required to record CC&R's with the map that will include maintenance and access of common areas (Condition 19). General Plan Consistency The proposed project is consistent with the following General Plan Land Use and Housing Element Policies: Land Use Policy 1.1: "Preserve the rural atmosphere of the community and assure "elbow room" in areas designed for lower density development by guiding new development into the Urban Core to conform to the historic Colony land use patterns of the City and to respect the natural environment, hillside area and existing neighborhoods". 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". Land Use Program 6.1.7: The City shall carefully evaluate both public and private projects to require the preservation of trees, watersheds, natural slopes, and other natural features. Land Use Program 6.1.9: Attention shall be paid to the aesthetic result of land division. Building sites shall minimize disruption of natural slopes, native vegetation and watersheds by the careful selection of building sites, leach fields and driveways. Building designs inappropriate for hillside locations shall not be approved. Land Use Program 6.2.1: Actively utilize the Historic Overlay zoning district to protect known historic structures, significant Colony homes and colony sites. Land Use Program 6.4.1: Protect historic buildings and sites. Atascadero's historic buildings and features shall be preserved and protected in recognition of the role the community's past plays in its present and future. Historic overlay zoning shall be utilized to protect appropriate historic districts. Land Use Program 6.4.5: Update the PD (Planned Development) overlay zone to include retention and rehabilitation of historic resources as a primary justification for PD zoning regulation standards. Housing Element Policy 4.3: "Encourage attractive architecture and site landscaping that respect terrain and native trees". In staff's opinion the proposed project is consistent with the goals and policies of the Land Use Element and the Housing Element. The project will provide seven new single-family residential units and will preserve an existing Colony Home within the medium -density residential zone. As conditioned, the project incorporates elements that are consistent with the character of the surrounding residential neighborhood and the goals and policies of the General Plan. Findings Establishment of PD -29 (Zone Text Amendment) 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. Planned Development Overlay (Zone Map Amendment) As specified in the City's General Plan and Zoning Ordinance, the following specific findings for the proposed Zone Change shall be made in order to approve the proposed project: 1. The proposed Zone Change is in conformance with the adopted General Plan goals, policies, and programs and the overall intent of the General Plan. 2. The proposed Zone Change is compatible with existing development, neighborhoods and the environment. 3. The proposed Zone Change will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 4. The proposed Zone Change is consistent with the project -specific Mitigated Negative Declaration. Conditional Use Permit (Master Plan of Development) A Master Plan of Development is required for the Planned Development in the form of a Conditional Use Permit. The proposed Master Plan of Development sets development standards related to architectural design, site design, landscape, signage, and specific development standards required by the zoning ordinance. The Planning Commission must make the following five findings to recommend approval of the proposed Master Plan of Development: 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 Land Use Element Policy 1.1, 1.1.7, 2.1, 6.1.7, 6.1.9, 6.2.1, 6.4.1, 6.4.5, and Housing Element Policy 4.3. 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 Planned Development zoning code provisions. 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 residential development will not be detrimental to the general public or working person's health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The proposed project is compatible with the surrounding neighborhood by providing a higher density residential development that includes high quality architecture and preserves the existing on-site Colony Home. 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 and as proposed by the applicant. Tree Removals 1. The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: ■ Early consultation with the City ■ Consideration of practical design alternatives ■ Provision of cost comparisons (from applicant) for practical design alternatives ■ If saving tree eliminates all reasonable uses of the property ■ If saving the tree requires the removal of more desirable trees Proposed Environmental Determination A Draft Mitigated Negative Declaration was circulated to public agencies and interested members of the public on March 5, 2007. The environmental analysis identified concerns regarding potential impacts to aesthetics, land use and planning, noise, biological resources, and traffic. Mitigation measures pertaining to these resources are included. A finding is proposed that this project would not have a significant effect on the environment based upon the implementation of the identified mitigation measures. Conclusion In staff's opinion, proposed development is consistent with the General Plan and compatible with the surrounding neighborhood. The project incorporates appearance review of architectural design, materials, and landscaping, and incorporates architectural themes into the site and building design, as conditioned. Native trees have been preserved where feasible and required conditions and mitigation measures have been appropriately incorporated into the project. As analyzed within the project Initial Study and Draft Mitigated Negative Declaration, the proposed Master Plan of Development would have no significant environmental impacts and will not be detrimental to the general public or working persons health, safety, or welfare. Based on staff's analysis in the preceding sections, it appears all of the required findings for project approval can be made. Staff is recommending that the Planning Commission consider a guest parking alternative plan for the units located off of Rosario Avenue. Eliminating the guest parking will enhance the appearance along Palma Avenue and allow for additional landscape opportunities. The applicant has proposed 3 alternatives for your review and consideration. ALTERNATIVES 1. The Commission may recommend modifications to the project and/or conditions of approval for the project to the City council. 2. The Commission may determine 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 required and move to continue the item to a future date. 3. The Commission may recommend the City Council deny the project. The parcel would retain its designation of Residential Multi -family. The Commission should specify the reasons for denial of the project and recommend an associated finding with such action. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1: Location, General Plan, and Zoning Map Attachment 2: Proposed Mitigated Negative Declaration and Initial Study Attachment 3: Draft Resolution PC 2007-0029 Attachment 4: Draft Resolution PC 2007-0030 Attachment 5: Draft Resolution PC 2007-0031 Attachment 6: Draft Resolution PC 2007-0032 Attachment 7: Draft Resolution PC 2007-0033 Attachment 1: Location Map, General Plan and Zoning Existing Designation: tion: - Medium Density Residential - Residential Multi -family - 10 Proposed Designation: - Medium Density Residential - Residential Multi -Family -10/ PD 29 I Proposed I Project Sites Attachment 2: Proposed Mitigated Negative Declaration and Initial Study See Following ATTACHMENT 3: Draft Resolution PC 2007-0029 Approval of Draft Mitigated Negative Declaration DRAFT RESOLUTION PC 2007-0029 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL CERTIFY PROPOSED MITIGATED NEGATIVE DECLARATION 2007-0003 PREPARED FOR PLN 2006-1117 ON APN 029-322-0229 0239 024 (5825 Ridgeway Ct. / Beck) WHEREAS, an application has been received from Jim and Adrienne Beck (5825 Ridgeway Ct, Atascadero, Ca 93422) and Gary and Mary Tharp (12250 San Antonio Rd, Atascadero, Ca 93422) Applicants and Property Owners, to consider a project consisting of a Zone Change from RMF -10 (Residential Multi -family -10) to RMF- 10/PD29 (Residential Multi - Family -10 with a Planned Development Overlay 29) with corresponding Master Plan of Development and Vesting Tentative Tract Map located at 5825 Ridgeway Ct, (APN 029-322- 022, 023, 024); and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2007-0003 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 17, 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 2007-0003 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 Vice -Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A Proposed Mitigated Negative Declaration 2007-0003 See following ATTACHMENT 4: Draft Resolution PC 2007--0030 Approval of Proposed Zoning Text Change to establish a PD -29 Overlay Zone DRAFT RESOLUTION PC 2007-0030 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 2006-0121 TO ESTABLISH A PLANNED DEVELOPMENT OVERLAY #29 (5825 Ridgeway Ct / Beck) WHEREAS, an application has been received from Jim and Adrienne Beck (5825 Ridgeway Ct, Atascadero, Ca 93422) and Gary and Mary Tharp (12250 San Antonio Rd, Atascadero, Ca 93422) Applicants and Property Owners, to consider a project consisting of a Zone Change from RMF -10 (Residential Multi -family -10) to RMF-10/PD29 (Residential Multi - Family -10 with a Planned Development Overlay 29) with corresponding Master Plan of Development and Vesting Tentative Tract Map located at 5825 Ridgeway Ct, (APN 029-322- 022, 023, 024); and, WHEREAS, Article 28 of the Atascadero Municipal Code allows for the creation of Planned Development Overlay Zones to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0003 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 17, 2007 studied and considered Zone Change 2006-0121, 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 Chante Creating a PD -29 Planned Development Overlay District. The Planning Commission finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on April 17, 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: 9-3.674 Establishment of Planned Development Overlay Zone #29 This Planned Development Overlay Zone on APN 029-322-022, 023, 02 in the Residential Multi- family zone. The maximum residential density within the planned development shall not exceed the density allowed by the underlying zoning district and provisions of the Atascadero Municipal Code. The following development standards shall be met by the entitled project within the PD -29 overlay zone: a) All site development shall require the approval of a Master Plan of Development. All construction and development shall conform to the approved Master Plan of Development, as conditioned. b) The Tentative Tract Map and any subsequent amendments for the site shall be consistent with an approved Master Plan of Development. All construction and development shall conform to the approved Master Plan of Development, as conditioned. c) No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Master Plan of Development. d) Appearance of each dwelling unit, site landscaping, site development, and amenities shall be consistent with the Atascadero Appearance Review Manual. All landscaping shown on the approved landscape plan will be installed by the developer and shall be maintained as approved. Buffer landscaping along the eastern property line shall be maintained by the individual property owners in perpetuity. e) Any future improvements/rehabilitation of the historic Colony Home shall be completed in accordance with the secretary of the interior's standards for rehabilitating historic structures. f) Each unit shall include the following: 300 cubic feet of shelved storage area. (Bedroom and entry/coat closets shall not count toward this requirement). Dedicated space for laundry facilities with hookups. g) All utilities, including electric, telephone, and cable, within the PD and along the project frontages shall be installed and/or relocated underground. h) Exterior walls or fencing shall be consistent throughout the project. Design and appearance of fences and/or walls shall be compatible with the design of the dwelling units. Fence posts shall be metal or pressure treated wood. Wood preservative/sealer shall be applied to fence panels. i) All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties. j) Trash shall be stored in individual garages. 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 5: Draft Resolution PC 2007-0031 Approval of Proposed Zoning Map Change DRAFT RESOLUTION PC 2007-0031 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2007-0135, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 029-322-022,0239 024 FROM RMF -10 (RESIDENTIAL MULTI- FAMILY —10) TO RMF -10 /PD -29 (RESIDENTIAL MULTI -FAMILY —10/ PLANNED DEVELOPMENT OVERLAY #29) WITH AN HS (HISTORIC SITE) DESIGNATION ON THE RESULTING LOT 1 (5825 Ridgeway Ct / Beck) WHEREAS, an application has been received from Jim and Adrienne Beck (5825 Ridgeway Ct, Atascadero, Ca 93422) and Gary and Mary Tharp (12250 San Antonio Rd, Atascadero, Ca 93422) Applicants and Property Owners, to consider a project consisting of a Zone Change from RMF -10 (Residential Multi -family -10) to RMF-10/PD29 (Residential Multi - Family -10 with a Planned Development Overlay 29) with corresponding Master Plan of Development and Vesting Tentative Tract Map located at 5825 Ridgeway Ct, (APN 029-322- 022, 023, 024); and, and, and, WHEREAS, the site's General Plan Designation is MDR (Medium Density Residential); WHEREAS, the site's current zoning district is RMF -10 (Residential Multi -family -10); WHEREAS, proposed Lot 1 contains an existing historic Colony Home; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0003 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 Official Zoning Map to protect the health, safety, and welfare of its citizens by applying orderly development of 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 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 amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on April 17, 2007 studied and considered Zone Change 2007-0135, 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 Zone Change to the Official Zoning Map of Atascadero Changing the existing site zoning to RMF -10/ PD -29. The Planning Commission finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 4. The proposed project offers certain redeeming features to compensate for the requested zone change. 5. The project site includes the retention of an existing Colony Home and an open space easement over the existing riparian area allowing for location of the guest parking in a parallel fashion along the shared driveway at the entrance to the project site. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on April 17, 2007, resolved to recommend that the City Council introduce for first reading by title only, an ordinance that would rezone the subject site consistent with the following: Exhibit A: Location Map/Zone Map Amendment Diagram 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 Vice -Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Location Map/Zone Map Amendment Diagram A aII _ L� '96)k �. sy r - c: Y Proposed Project Sites Existing Designation: - Medium Density Residential - Residential Multi -family - 10 Proposed Designation: - Medium Density Residential - Residential Multi -Family -10/ PD 29 — HS designation on resulting Lot 1 ATTACHMENT 6: Draft Resolution PC 2007-0032 Approval of Proposed Master Plan of Development (CUP) DRAFT RESOLUTION PC 2007-0032 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2006-0184 (MASTER PLAN OF DEVELOPEMNT) ON APN 029-322-0229 0239 024 (5825 Ridgeway Ct / Beck) WHEREAS, an application has been received from Jim and Adrienne Beck (5825 Ridgeway Ct, Atascadero, Ca 93422) and Gary and Mary Tharp (12250 San Antonio Rd, Atascadero, Ca 93422) Applicants and Property Owners, to consider a project consisting of a Zone Change from RMF -10 (Residential Multi -family -10) to RMF- 10/PD29 (Residential Multi - Family -10 with a Planned Development Overlay 29) with corresponding Master Plan of Development and Vesting Tentative Tract Map located at 5825 Ridgeway Ct, (APN 029-322- 022, 023, 024); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from RMF -10 (Residential Multi -Family -10) to RMF -10 with PD29 (Residential Multi -Family -10 with a Planned Development Overlay 29); and, WHEREAS, the Planned Development #29 Overlay Zone requires the adoption of a Master Plan of Development, approved in the form of a Conditional Use Permit; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0003 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on April 17, 2007 studied and considered the Conditional Use Permit 2006- 0184 (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. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including provisions of the PD -29 Overlay Zone; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 6. The Master Plan of Development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area; and 7. Benefits derived from the Master Plan of Development and PD overlay zone cannot be reasonably achieved through existing development standards or processing requirements; and, SECTION 2. Findings for Approval of Tree Removal. The Planning Commission finds as follows: 1. The trees are 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. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on April 17, 2007 resolved to recommend that the City Council approve Conditional Use Permit 2006-0184 (Master Plan of Development) and Tree Removal Permit subject to the following: EXHIBIT A: Conditions of approval / Mitigation Monitoring Program EXHIBIT B: Master Plan of Development / Site Plan EXHIBIT C: Floor Plan and Elevations — Lot 2 EXHIBIT D: Floor Plan and Elevations — Lot 3 EXHIBIT E: Floor Plan and Elevations — Lot 4 EXHIBIT F: Floor Plan and Elevations — Lot 5 EXHIBIT G: Floor Plan and Elevations — Lot 6 EXHIBIT H: Floor Plan and Elevations — Lot 7 EXHIBIT I: Floor Plan and Elevations — Lot 8 EXHIBIT J: Preliminary Landscape Plan EXHIBIT K: Tree Protection Plan EXBIBIT L: Grading, Drainage, and Frontage Improvement Plan 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 Vice -Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program Planned Development -29 /PLN 2006-1117 Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 5825 Ridgeway Ct BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2006-1117 A Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay #29 F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. The approval of this use permit shall become final and effective for the purposes FM PS of issuing building permits thirty (30) days following the City Council approval of ZCH 2006-0121 and ZCH 2007-0135 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. The Community Development Department shall have the authority to approve the BP/FM PS, CE 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. 3. Approval of this Conditional Use Permit shall be valid for twelve (12) months after BP/FM PS its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 4. The applicant shall defend, indemnify, and hold harmless the City of Atascadero Ongoing PS or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision 5. All subsequent Tentative Map and construction permits shall be consistent with BP/FM PS, CE the Master Plan of Development contained herein. 6. All exterior elevations, finish materials and colors shall be consistent with the BP PS Master Plan of Development as shown in EXHIBIT B through L with the following modifications: ■ All exterior material finishes (siding, trim, doors, windows, light fixtures, garage doors) shall be durable, high quality, and consistent with the architectural appearance. ■ Windows shall be gridded on all four elevations. ■ Roofs shall be architectural grade dimensional shingles. 7. All site development shall comply with the standards of the Planned Development BP PS, BS 29 Overlay District. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 5825 Ridgeway Ct BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2006-1117 A Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay #29 F0: Final Occupancy CE: City Engineer WW; Wastewater CA: City Attorney 8. All site work, grading, and site improvements shall be consistent with the Master BP/FM PS, BS, Plan of Development as shown in EXHIBIT B J, K, and L. Where discrepancies CE exist between the landscape plan and the grading plan, the grading plan will take precedence. The following modification shall be required: ■ A rolled concrete curb shall be provided along Palma Avenue and the back of sidewalk shall be located at the extent of the existing right-of-way. 9. All project fencing shall be installed consistent with EXHIBIT Band J subject to GP/BP PS the following modifications: ■ Fencing material and treatment shall comply with the PD29 standards. ■ Fencing for the units shall be placed at the rear property lines. Fencing shall be 4 -foot maximum solid or transparent fencing. ■ No fencing shall cross the creek channel nor shall be placed in any way which restricts flow. ■ Fencing adjacent to the open space easement shall be transparent in nature. 10. The proposed project shall incorporate dark earth toned colors and shall utilize GP/BP PS stone veneer similar to or compatible with the existing stone walls surrounding the Colony Home. Stone veneer shall be used on the garage levels of lots 5 through 8 and for all retaining walls adjacent to the Palma Ave frontage. Dark split faced block that is compatible with the stone veneer may be utilized for the rear retaining walls. 11. A 3 -foot wide planter shall be provided between the guest parking spaces along BP PS Palma Avenue and the retaining wall. Landscape in this area shall be low-lying to allow for vehicle overhang. 12. A final landscape and irrigation plan shall be approved prior to the issuance of BP PS building permits and included as part of site improvement plan consistent with EXHIBIT J, and as follows: ■ All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. ■ All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site. ■ Final tree list shall be submitted with building permits, subject to staff approval. Street trees within tree planters along Palma Avenue shall be medium sided shade trees such as honey or purple robe locust. Planting adjacent to parking spaces and within narrow planters shall consist of ornamental grasses and compatible upright screen shrubs and vines. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 5825 Ridgeway Ct BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2006-1117 A Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay #29 F0: Final Occupancy CE: City Engineer WW; Wastewater CA: City Attorney Landscaping at the terraced walls shall consist of trailing plants and screen shrubs. ■ Street trees shall be minimum 15 -gallon size and double staked. ■ Front yard areas not specifically conditioned shall be landscaped with drought tolerant species, subject to staff approval. 13. The developer and/or subsequent owner(s) shall assume responsibility for the FM/ PS continued maintenance of all landscape and common areas, consistent with Ongoing EXHIBIT B, J, and L. 14. Affordable Housing Requirement: The applicant shall comply with the City FM/BP PS, CA Council inclusionary housing policy and either deed restrict 20% of the proposed units or pay an in -lieu fee based on 5% of the construction valuation of each new and existing housing unit. 15. Workforce Housing: Prior to recordation of final map, the applicant shall enter into BP PS, CA a legal agreement with the City to reserve 1/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved; and ■ The City Attorney shall approve the final form of the agreement. 16. A Tree Protection Plan shall be submitted with subsequent building permits for GP/BP PS encroachment within the drip line of native trees located on the subject parcel and any adjacent properties. The applicant will contract with a certified arborist to monitor all activity within the drip lines of existing native oak trees. 17. The emergency services and facility maintenance costs listed below shall be BP PS 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 5825 Ridgeway Ct BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2006-1117 A Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay #29 F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. • Off-site common City of Atascadero park facilities maintenance service costs related to the project. 18. All tract maintenance costs listed below shall be 100% funded by the project in BP PS perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. b) All parks, trails, recreational facilities and like facilities. c) All open space and native tree preservation areas. d) All drainage facilities and detention basins. e) All creeks, flood plains, floodways, wetlands, and riparian habitat areas. f) All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. g) All frontage landscaping and sidewalks along arterial streets 19. Prior to final map, the applicant shall submit CC&Rs for review and approval by BP PS, BS the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping in perpetuity. b A detailed list of each individual homeowner's responsibilities for Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 5825 Ridgeway Ct BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2006-1117 A Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay #29 F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney maintenance of the individual units. c) Residents shall keep all trash receptacles within the unit's designated trash storage area. d) Garages shall be maintained and used for vehicle parking. e) No boats, RV's or other type of recreation vehicle may occupy a guest or resident parking space, including within an individual garage. f) A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. The applicant may choose not to record CC&R's as shared facilities are minimal. In this case, the applicant will be required to record a combination of deed restrictions alerting future owners to project conditions and maintenance agreements for the shared maintenance of the drainage and shared parking facilities. 20. Approval of this permit shall include the removal of 8 Native Trees. The applicant BP PS, BS shall be required to pay mitigation fees or provide replantings on-site per the requirements of the Atascadero Native Tree Ordinance. Any additional removals shall be subject to Planning Commission approval. ■ A mitigation deposit shall be collected for all native trees impacted 40% or greater. The deposit shall be released no sooner than 18 months following final of the unit(s) impacting the trees. 21. The applicant must provide for the repair and maintenance of on-site shared FM CE improvements. This includes guest parking areas that cross property lines, shared driveways, and common drainage facilities. The two methods that may be used are: a. Homeowners Association. This private organization would be responsible for the maintenance, repair and replacement of the facilities. b. Other form of non -revocable maintenance agreement approved by the City Engineer and the Community Development Director. The City Engineer and City Attorney shall approve the final form prior to recordation. City Engineer Project Conditions 22. Project shall include construction of curb, gutter and sidewalk along entire GP, BP CE frontage of Palma Avenue, Rosario Avenue and Ridgeway Court, as modified on Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 5825 Ridgeway Ct BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2006-1117 A Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay #29 F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney the Tentative Parcel Map. 23. In accordance with municipal code section 9-4.160, the applicant shall overlay GP, BP CE Rosario Avenue across the frontage of the property to a width of 1/2 the street plus 10'. 24. In accordance with municipal code section 9-4.160, the applicant shall overlay GP, BP CE Palma Avenue across the frontage of the property to a width of the street plus 10'. City Engineer Standard Conditions 25. In the event that the applicant bonds for the public improvements required as a GP, BP CE condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 26. An engineer's estimate of probable cost shall be submitted for review and GP, BP CE approval by the City Engineer to determine the amount of the bond. 27. The Subdivision Improvement Agreement shall record concurrently with the Final FM CE Map. 28. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to the GP, BP CE property frontage. 29. The applicant shall acquire title interest in any off-site land that may be required to GP, BP CE 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. 30. Slope easements shall be obtained by the applicant as needed to accommodate GP, BP CE cut or fill slopes. 31. Drainage easements shall be obtained by the applicant as needed to GP, BP CE accommodate both public and private drainage facilities. 32. A preliminary subdivision guarantee shall be submitted for review in conjunction FM CE with the processing of the tract map. 33. The final map shall be signed by the City Engineer prior to the map being placed FM CE on the agenda for City Council acceptance. 34. Prior to recording the tract map, the applicant shall pay all outstanding plan FM CE check/inspection fees. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 5825 Ridgeway Ct BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2006-1117 A Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay #29 F0: Final Occupancy CE: City Engineer WW; Wastewater CA: City Attorney 35. Prior to recording the map, the applicant shall bond for or complete all FM CE improvements required by these conditions of approval. 36. Prior to recording the tract map, the applicant shall bond for or set monuments at FM CE 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. 37. Prior to recording the tract map, the applicant shall submit a map drawn in FM CE substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 38. All existing and proposed utility, pipeline, open space, or other easements are to FM CE be shown on the final/parcel map. If there are building or other restrictions related to the easements, they shall be noted on the final/parcel map. The applicant shall show all access restrictions on the final/parcel map. 39. Prior to recording the tract map, the applicant shall have the map reviewed by all FM CE applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 40. Prior to the issuance of building permits the applicant shall submit plans and GP, BP CE supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. 41. Submit calculations to support the design of any structures or pipes. Closed GP, BP CE conduits shall be designed to convey the 10 -year flow with gravity flow, the 25 - year flow with head, and provide safe conveyance for the 100 -year overflow. 42. Provide for the detention and metering out of developed storm runoff so that it is GP, BP CE equal to or less than undeveloped storm runoff. 43. Drainage basins shall be designed to desilt, detain and meter storm flows as well GP, BP CE as release them to natural runoff locations. 44. Show the method of dispersal at all pipe outlets. Include specifications for size & GP, BP CE type. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 5825 Ridgeway Ct BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2006-1117 A Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay #29 F0: Final Occupancy CE: City Engineer WW; Wastewater CA: City Attorney 45. Show method of conduct to approved off-site drainage facilities. GP, BP CE 46. Concentrated drainage from off-site areas shall be conveyed across the project GP, BP CE site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement cannot be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. 47. Applicant shall submit erosion control plans and a Storm Water Pollution GP, BP CE Prevention Plan (SWPPP), as applicable. The Regional Water Quality Control Board shall approve the SWPPP. 48. All public improvements shall be constructed in conformance with the City of GP, BP CE Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer 49. Off-site streets shall be improved consistent with the Tentative Tract Map. GP, BP CE 50. Alignment of frontage improvements shall be approved by the City Engineer. GP, BP CE 51. All utilities shall be undergrounded on project frontage GP, BP CE 52. Applicant shall pay sewer extension (Annexation), Connection and BP CE Reimbursement fees (if applicable) upon issuance of building permit. 53. Drainage piping serving fixtures which have flood level rims located below the BP CE elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve. Mitigation Measures Mitigation Measure 1.15.1: All houses constructed along the Palma Ave frontage on BP PS 1.b.1 slopes of 20% or greater shall incorporate stone veneer into the fagade of the lower garage level and shall be painted darker earth toned colors to blend with the natural surrounding. Mitigation Measure 1.d.1: All lighting shall be designed to eliminate any off site BP PS 1.d.1 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 in parking areas. Fixtures shall be shield cut-off type. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP BS, PS 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM -10) as Conditions of Approval / Mitigation Monitoring Program 5825 Ridgeway Ct PLN 2006-1117 Planned Development Overlay #29 Timing BL: Business License GP: Grading Permit BP: Building Permit A Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibil ity /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WK Wastewater CA: City Attorney Mitigation Measure contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. ■ Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If Naturally Occurring Asbestos (NOA) is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Should Naturally Occurring Asbestos be identified within the area of construction, and the worked area will be less than or equal to one acre, then the dust control measures identified below are required. If the disturbed area is greater than one acre, additional requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. ■ Dust Control Measures for Construction and Grading Operation Projects One Acre or Less: No person shall engage in any construction or grading operation on property where the area to be disturbed is one (1.0) acre or less unless all of the following dust mitigation measures are initiated at the start and maintained throughout the duration of the construction or grading activity: (A) Construction vehicle speed at the work site must be limited to fifteen(15) miles per hour or less; (B) Prior to any ground disturbance, sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; (C) Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; (D) Storage piles must be kept adequately wetted, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile; (E) Equipment must be washed down before moving from the property onto a paved public road; (F) Visible track -out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four (24) hours Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 5825 Ridgeway Ct BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building PLN 2006-1117 A Final Inspection TO: Temporary Services FD: Fire Department Occupancy PD: Police Department Planned Development Overlay #29 F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 3.b.2: Naturally Occurring Asbestos (NOA) has been identified BP PS 3.b.2 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 4.e.1: The Grading Plan shall identify tree protection fencing BP PS 4.e.1 around the dripline, or as recommended by the project arborist, of each existing on- site or off-site native tree. Conditions of Approval / Mitigation Monitoring Program 5825 Ridgeway Ct PLN 2006-1117 Planned Development Overlay #29 Timing BL: Business License GP: Grading Permit BP: Building Permit A Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibil ity /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Mitigation Measure 4.e.2: The developer shall contract with a certified arborist GP 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. (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of % 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. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 5825 Ridgeway Ct BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2006-1117 A Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay #29 F0: Final Occupancy CE: City Engineer WK Wastewater CA: City Attorney Mitigation Measure 4.e.3: Grading and excavation and grading work shall be GP, BP PS 4.e.3 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.4: Erosion control hydroseed/slope stabilization shall BP CE, PS 4.e.4 consist of native species matching the existing plant species within the tributary stream. The seed and plant material shall not contain any introduced plant species. Mitigation Measure 5.a.1: A "HS" (Historic Site) zoning designation shall be placed ZCH PS 5.a.1 over Lot 1. Mitigation Measure 5.a.2: All retaining walls replaced or constructed as part of the BP PS 5.a.2 project shall be aesthetically compatible with the existing entry feature walls. These shall include stone veneer that is similar in shape and color to the existing walls. Mitigation Measure 5.a.3: CC&R's recorded for the development shall include a FMP PS 5.a.3 statement addressing the historic nature of Lot 1. Mitigation Measure 5.a.4: Any exterior building modifications or site plan changes Ongoing PS 5.a.4 not represented in the proposed project that could occur during the Building Permit application process or during construction shall be consistent with the Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines for Rehabilitating Historic Buildings and shall meet the provisions of CEQA -Section 15064.5, as approved by Planning Staff. Mitigation Measure 5.a.5: The existing carriage house/drive through out -building BP PS 5.a.5 shall be restored and maintained in a structurally and aesthetically sound condition. All modifications or repairs necessary for such shall be consistent wth the Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines for Rehabilitating Historic Buildings and shall meet the provisions of CEQA -Section 15064.5, as approved by Planning Staff. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 5825 Ridgeway Ct BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2006-1117 A Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay #29 F0: Final Occupancy CE: City Engineer WW; Wastewater CA: City Attorney Mitigation Measure 5.a.6: A written historic evaluation and photographic recordation BP PS 5.a.6 of the existing Colony Home shall be required, in quality and format consistent with standards of the Historic Architectural Buildings Survey (HABS), prior to any demolition, grading or other physical changes. The written historic evaluation shall include a narrative history and description of the property, plans, and photographs. Following HABS guidelines, the narrative report and the plans shall be presented together, and the photographs shall be presented separately in binders. The photographs shall include prints and an index to the prints. The negatives and a key to each photo view shall be included. Three sets of the written and photographic print documentation shall be provided to the City of Atascadero. Mitigation Measure 6.b: The grading permit application plans shall include erosion GP, BP CE 6.b 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. (See section 8 of the document). Mitigation Measure 6.c.d: A soils report shall be required to be submitted with a GP, BP CE 6.c.d. future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention Plan GP, BP CE 8.e.f.1 (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for ensuring that all BP, GP CE 8.0.2 contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop work orders. Mitigation Measure 11.d: All construction activities shall comply with the City of GP, BP PS 11A Atascadero Noise Ordinance for hours of operation. Mitigation Measure 15.a.b.1: Full frontage improvements shall be required along PI CE 15.a.b.1 Palma Avenue, Rosario Avenue, and Ridgeway Court, per the standards and approval of the City Engineer. EXHIBIT B: Master Plan of Development/Site Plan I EXHIBIT C: Floor Plan and elevations - Lot 2 R I nr;FUVA\y ROSA MAIN LM weft —1 M, m. rt RIDGEWAY COURT LOT 2, ROSARIO AVE. SHED A0.9 EXHIBIT D: Floor Plan and elevations - Lot 3 RIDGEWAY COURT ' OT 3, ROSARIO AVE. , --------------- — — - -- ---- --- A0.0 �a�w �rrt�Ew LELB] Yl. ll. RIDGEWAY COURT LOT 3, ROSARIO AVE. A0.1 EXHIBIT E: Floor Plan and elevations - Lot 4 RIDGEWAY COURT LOT 4. ROSARIO AVE. 0 �! LEVEI waw s:rct rzx sr � i SHEET A0.0 TR LEVEL RIDGEWAY COURT LOT 4, ROSARIO AVE. LOT SHEET A0.1 EXHIBIT F: Floor Plan and elevations - Lot 5 r%Im^r-,ai ^^I ir"%T SLI MAINLE I IxNG 5'!G[ 9 5 50. 11. wymw .ME LEVEL U [ 1 703 % rt. 2 Ao.0 1 R a wo y4 RIDGEWAY COURT -_ LOT 5, PALMA AVE. �oTS A0.1 EXHIBIT G: Floor Plan and elevations - Lot 6 RInt,FWAY CC)[ IRT 7 RIDGEWAY COURT LOT 6, PALMA AVE. SHEET A0.1 x SHEET A0.1 EXHIBIT H: Floor Plan and elevations - Lot 7 Rinr.PWAY rOl IRT :)p Wrxu�uva _ RIDGEWAY COURT LOT 7, PALMA AVE. SHEET A0.0 a A SHEET I1�PVER IEVELz•utceixi �!. A0.1 EXHIBIT I: Floor Plan and elevations - Lot 8 -------------------------- ----- --__-- ___—____. � r � RIDGEWAY COURT gp.EER LEVEL ..1--. n. 'ALMA AVE. RIf�MWEW RIDGEWAY COURT LOT 8, PALMA AVE. $MEET A0.1 EXHIBIT J: Preliminary Landscape Plan Sf ffi'�II� f9 ` � 3hY OIlYSOtl Y YIYIYd d0 tl3Ntl00 3,3 � �•, �� - •+�^++HONYNI AYM3F)GIH< NV -1d 21-38,11, 'WOl7Eld - s 9 3 Nm .mq Fri.y �o' 0n, Qjk N 4 3 PH Ij NC— 1 t 3 'hR J �Sv�r Ei+�9 a��pp f�sx`yg R� 33 KHMOK Y �r �HxLLB��t=j 3g8. a F L Sga Y� V, 4 EXHIBIT K: Tree Protection Plan IlaE D i x. 3 d m a x D :.• ��a�g & m ®& a a E %s M m \ >M O r'y N () O gpo NZ� �D Z _. 4g+Vy3.Y age SQ JJ QQQ a q t E€� ��Yjl�b�9 q65 s°.:6 oe je655 ob it o ............ .. �Sis�ra��l '�3 � 3ii�$95"99435 lig 399: ;. ! . q 1 S F' fli e3 rg iii 3 if 1, fit FeFi 5; p ji�9999 99 9.99 999!999. e r t !g i ^ ��d 3i Ilirt`S i ��ee as sea aaca 5 ' 4 J �I'I�daaaaddaaaeddaad it Rit ,tif gl _ sR m 8QLi EXHIBIT L: Grading, Drainage and Frontage Improvement Plan (I of 2) AVE 1.'-e > > > z OD > > > EXHIBIT L: Grading, Drainage and Frontage Improvement Plan (2 of 2) 3 �q q 1 Iii- �i A 4 m c _ --- s D = s ATTACHMENT 7: Draft Resolution PC 2007-0033 Approval of Proposed Vesting Tentative Tract Map DRAFT RESOLUTION PC 2007-0033 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE TRACT MAP 2006- 0089 (TRACT 2854), AN EIGHT LOT SUBDIVISION CONSISTENT WITH A MASTER PLAN OF DEVELOPMENT ON APN 029-322-0229 0239 024 (5825 Ridgeway Ct / Beck) WHEREAS, an application has been received from Jim and Adrienne Beck (5825 Ridgeway Ct, Atascadero, Ca 93422) and Gary and Mary Tharp (12250 San Antonio Rd, Atascadero, Ca 93422) Applicants and Property Owners, to consider a project consisting of a Zone Change from RMF -10 (Residential Multi -family -10) to RMF- 10/PD29 (Residential Multi - Family -10 with a Planned Development Overlay 29) with corresponding Master Plan of Development and Vesting Tentative Tract Map located at 5825 Ridgeway Ct, (APN 029-322- 022, 023, 024); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from RMF -10 (Residential Multi -Family -10) to RMF-10/PD 29 (Residential Multi- Family-10/Planned Development Overlay 29); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0003 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 Tentative Tract Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on April 17, 2007 studied and considered Tentative Tract Map 2006-0089, 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 of Approval for Vesting Tentative Tract May, the Planning Commission of the City of Atascadero finds as follows: The proposed subdivision, design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements, including provisions of the PD -29 overlay district. 2. The proposed subdivision, as conditioned, is consistent with the Master Plan of Development (CUP 2006-0184). 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. Covenants, Conditions and Restrictions (CC&R's) or equivalent shall be required that incorporate the Master Plan of Development conditions of approval to ensure that the site retains the proposed qualities (architecture, colors, materials, plan amenities, fencing, and landscaping) over time. 8. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on April 17, 2007, resolved to recommend that the City Council approve Tentative Tract Map 2006-0089 subject to the following: 1. Exhibit A: Tentative Tract Map (Tract 2854) 2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program. 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 Vice -Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Tentative Tract Map E !6 Q Exhibit B: Conditions of Approval / Mitigation Monitoring Program Tentative Tract Map 2006-0089 Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 5825 Ridgeway Ct BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2006-1117 FI: Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay #29 FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. The approval of this use permit shall become final and effective for the purposes FM PS of issuing building permits thirty (30) days following the City Council approval of ZCH 2006-0121 and ZCH 2007-0135 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. The Community Development Department shall have the authority to approve the BP/FM PS, CE 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. 3. Approval of this Conditional Use Permit shall be valid for twelve (12) months after BP/FM PS its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 4. The applicant shall defend, indemnify, and hold harmless the City of Atascadero Ongoing PS or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision 5. All subsequent Tentative Map and construction permits shall be consistent with BP/FM PS, CE the Master Plan of Development contained herein. 6. All exterior elevations, finish materials and colors shall be consistent with the BP PS Master Plan of Development as shown in EXHIBIT B through L with the following modifications: ■ All exterior material finishes (siding, trim, doors, windows, light fixtures, garage doors) shall be durable, high quality, and consistent with the architectural appearance. ■ Windows shall be gridded on all four elevations. ■ Roofs shall be architectural grade dimensional shingles. 7. All site development shall comply with the standards of the Planned Development BP PS, BS 29 Overlay District. 8. All site work, grading, and site improvements shall be consistent with the Master BP/FM PS, BS, Plan of Development as shown in EXHIBIT B J, K, and L. Where discrepancies Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 5825 Ridgeway Ct BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2006-1117 A Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay #29 F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney exist between the landscape plan and the grading plan, the grading plan will take CE precedence. The following modification shall be required: ■ A rolled concrete curb shall be provided along Palma Avenue and the back of sidewalk shall be located at the extent of the existing right-of-way. 9. All project fencing shall be installed consistent with EXHIBIT Band J subject to GP/BP PS the following modifications: ■ Fencing material and treatment shall comply with the PD29 standards. ■ Fencing for the units shall be placed at the rear property lines. Fencing shall be 4 -foot maximum solid or transparent fencing. ■ No fencing shall cross the creek channel nor shall be placed in any way which restricts flow. ■ Fencing adjacent to the open space easement shall be transparent in nature. 10. The proposed project shall incorporate dark earth toned colors and shall utilize GP/BP PS stone veneer similar to or compatible with the existing stone walls surrounding the Colony Home. Stone veneer shall be used on the garage levels of lots 5 through 8 and for all retaining walls adjacent to the Palma Ave frontage. Dark split faced block that is compatible with the stone veneer may be utilized for the rear retaining walls. 11. A 3 -foot wide planter shall be provided between the guest parking spaces along BP PS Palma Avenue and the retaining wall. Landscape in this area shall be low-lying to allow for vehicle overhang. 12. A final landscape and irrigation plan shall be approved prior to the issuance of BP PS building permits and included as part of site improvement plan consistent with EXHIBIT J, and as follows: ■ All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. ■ All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site. ■ Final tree list shall be submitted with building permits, subject to staff approval. Street trees within tree planters along Palma Avenue shall be medium sided shade trees such as honey or purple robe locust. Planting adjacent to parking spaces and within narrow planters shall consist of ornamental grasses and compatible upright screen shrubs and vines. Landscaping at the terraced walls shall consist of trailing plants and screen Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 5825 Ridgeway Ct BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2006-1117 A Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay #29 F0: Final Occupancy CE: City Engineer WW; Wastewater CA: City Attorney shrubs. ■ Street trees shall be minimum 15 -gallon size and double staked. ■ Front yard areas not specifically conditioned shall be landscaped with drought tolerant species, subject to staff approval. 13. The developer and/or subsequent owner(s) shall assume responsibility for the FM/ PS continued maintenance of all landscape and common areas, consistent with Ongoing EXHIBIT B, J, and L. 14. Affordable Housing Requirement: The applicant shall comply with the City FM/BP PS, CA Council inclusionary housing policy and either deed restrict 20% of the proposed units or pay an in -lieu fee based on 5% of the construction valuation of each new and existing housing unit. 15. Workforce Housing: Prior to recordation of final map, the applicant shall enter into BP PS, CA a legal agreement with the City to reserve 1/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved; and ■ The City Attorney shall approve the final form of the agreement. 16. A Tree Protection Plan shall be submitted with subsequent building permits for GP/BP PS encroachment within the drip line of native trees located on the subject parcel and any adjacent properties. The applicant will contract with a certified arborist to monitor all activity within the drip lines of existing native oak trees. 17. The emergency services and facility maintenance costs listed below shall be BP PS 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 5825 Ridgeway Ct BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2006-1117 A Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay #29 F0: Final Occupancy CE: City Engineer WW; Wastewater CA: City Attorney mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 18. All tract maintenance costs listed below shall be 100% funded by the project in BP PS perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. h) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. i) All parks, trails, recreational facilities and like facilities. j) All open space and native tree preservation areas. k) All drainage facilities and detention basins. 1) All creeks, flood plains, floodways, wetlands, and riparian habitat areas. m) All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. n) All frontage landscaping and sidewalks along arterial streets 19. Prior to final map, the applicant shall submit CC&Rs for review and approval by BP PS, BS the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: g) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping in perpetuity. h) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 5825 Ridgeway Ct BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2006-1117 A Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay #29 F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney i) Residents shall keep all trash receptacles within the unit's designated trash storage area. j) Garages shall be maintained and used for vehicle parking. k) No boats, RV's or other type of recreation vehicle may occupy a guest or resident parking space, including within an individual garage. 1) A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. The applicant may choose not to record CC&R's as shared facilities are minimal. In this case, the applicant will be required to record a combination of deed restrictions alerting future owners to project conditions and maintenance agreements for the shared maintenance of the drainage and shared parking facilities. 20. Approval of this permit shall include the removal of 8 Native Trees. The applicant BP PS, BS shall be required to pay mitigation fees or provide replantings on-site per the requirements of the Atascadero Native Tree Ordinance. Any additional removals shall be subject to Planning Commission approval. ■ A mitigation deposit shall be collected for all native trees impacted 40% or greater. The deposit shall be released no sooner than 18 months following final of the unit(s) impacting the trees. 21. The applicant must provide for the repair and maintenance of on-site shared FM CE improvements. This includes guest parking areas that cross property lines, shared driveways, and common drainage facilities. The two methods that may be used are: a. Homeowners Association. This private organization would be responsible for the maintenance, repair and replacement of the facilities. b. Other form of non -revocable maintenance agreement approved by the City Engineer and the Community Development Director. The City Engineer and City Attorney shall approve the final form prior to recordation. City Engineer Project Conditions 22. Project shall include construction of curb, gutter and sidewalk along entire GP, BP CE frontage of Palma Avenue, Rosario Avenue and Ridgeway Court, as modified on the Tentative Parcel Map. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 5825 Ridgeway Ct BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2006-1117 A Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay #29 F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney 23. In accordance with municipal code section 9-4.160, the applicant shall overlay GP, BP CE Rosario Avenue across the frontage of the property to a width of 1/2 the street plus 10'. 24. In accordance with municipal code section 9-4.160, the applicant shall overlay GP, BP CE Palma Avenue across the frontage of the property to a width of 'h the street plus 10'. City Engineer Standard Conditions 25. In the event that the applicant bonds for the public improvements required as a GP, BP CE condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 26. An engineer's estimate of probable cost shall be submitted for review and GP, BP CE approval by the City Engineer to determine the amount of the bond. 27. The Subdivision Improvement Agreement shall record concurrently with the Final FM CE Map. 28. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to the GP, BP CE property frontage. 29. The applicant shall acquire title interest in any off-site land that may be required to GP, BP CE 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. 30. Slope easements shall be obtained by the applicant as needed to accommodate GP, BP CE cut or fill slopes. 31. Drainage easements shall be obtained by the applicant as needed to GP, BP CE accommodate both public and private drainage facilities. 32. A preliminary subdivision guarantee shall be submitted for review in conjunction FM CE with the processing of the tract map. 33. The final map shall be signed by the City Engineer prior to the map being placed FM CE on the agenda for City Council acceptance. 34. Prior to recording the tract map, the applicant shall pay all outstanding plan FM CE check/inspection fees. 35. Prior to recording the map, the applicant shall bond for or complete all FM CE improvements required by these conditions of approval. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 5825 Ridgeway Ct BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2006-1117 A Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay #29 F0: Final Occupancy CE: City Engineer WW; Wastewater CA: City Attorney 36. Prior to recording the tract map, the applicant shall bond for or set monuments at FM CE 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. 37. Prior to recording the tract map, the applicant shall submit a map drawn in FM CE substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 38. All existing and proposed utility, pipeline, open space, or other easements are to FM CE be shown on the final/parcel map. If there are building or other restrictions related to the easements, they shall be noted on the final/parcel map. The applicant shall show all access restrictions on the final/parcel map. 39. Prior to recording the tract map, the applicant shall have the map reviewed by all FM CE applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 40. Prior to the issuance of building permits the applicant shall submit plans and GP, BP CE supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. 41. Submit calculations to support the design of any structures or pipes. Closed GP, BP CE conduits shall be designed to convey the 10 -year flow with gravity flow, the 25 - year flow with head, and provide safe conveyance for the 100 -year overflow. 42. Provide for the detention and metering out of developed storm runoff so that it is GP, BP CE equal to or less than undeveloped storm runoff. 43. Drainage basins shall be designed to desilt, detain and meter storm flows as well GP, BP CE as release them to natural runoff locations. 44. Show the method of dispersal at all pipe outlets. Include specifications for size & GP, BP CE type. 45. Show method of conduct to approved off-site drainage facilities. GP, BP CE 46. Concentrated drainage from off-site areas shall be conveyed across the project GP, BP CE site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 5825 Ridgeway Ct BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2006-1117 A Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay #29 F0: Final Occupancy CE: City Engineer WW; Wastewater CA: City Attorney If drainage easement cannot be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. 47. Applicant shall submit erosion control plans and a Storm Water Pollution GP, BP CE Prevention Plan (SWPPP), as applicable. The Regional Water Quality Control Board shall approve the SWPPP. 48. All public improvements shall be constructed in conformance with the City of GP, BP CE Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer 49. Off-site streets shall be improved consistent with the Tentative Tract Map. GP, BP CE 50. Alignment of frontage improvements shall be approved by the City Engineer. GP, BP CE 51. All utilities shall be undergrounded on project frontage GP, BP CE 52. Applicant shall pay sewer extension (Annexation), Connection and BP CE Reimbursement fees (if applicable) upon issuance of building permit. 53. Drainage piping serving fixtures which have flood level rims located below the BP CE elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve. Mitigation Measures Mitigation Measure 1.b.1: All houses constructed along the Palma Ave frontage on BP PS 1.16.1 slopes of 20% or greater shall incorporate stone veneer into the fagade of the lower garage level and shall be painted darker earth toned colors to blend with the natural surrounding. Mitigation Measure 1.d.1: All lighting shall be designed to eliminate any off site BP PS 1.d.1 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 in parking areas. Fixtures shall be shield cut-off type. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP BS, PS 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. ■ Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Conditions of Approval / Mitigation Monitoring Program 5825 Ridgeway Ct PLN 2006-1117 Planned Development Overlay #29 Timing BL: Business License GP: Grading Permit BP: Building Permit A Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibil ity /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WK Wastewater CA: City Attorney Mitigation Measure Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If Naturally Occurring Asbestos (NOA) is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Should Naturally Occurring Asbestos be identified within the area of construction, and the worked area will be less than or equal to one acre, then the dust control measures identified below are required. If the disturbed area is greater than one acre, additional requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. ■ Dust Control Measures for Construction and Grading Operation Projects One Acre or Less: No person shall engage in any construction or grading operation on property where the area to be disturbed is one (1.0) acre or less unless all of the following dust mitigation measures are initiated at the start and maintained throughout the duration of the construction or grading activity: (A) Construction vehicle speed at the work site must be limited to fifteen(15) miles per hour or less; (B) Prior to any ground disturbance, sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; (C) Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; (D) Storage piles must be kept adequately wetted, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile; (E) Equipment must be washed down before moving from the property onto a paved public road; (F) Visible track -out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four 24 hours Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 5825 Ridgeway Ct BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building PLN 2006-1117 A Final Inspection TO: Temporary Services FD: Fire Department Occupancy PD: Police Department Planned Development Overlay #29 F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 3.b.2: Naturally Occurring Asbestos (NOA) has been identified BP PS 3.b.2 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 4.e.1: The Grading Plan shall identify tree protection fencing BP PS 4.e.1 around the dripline, or as recommended by the project arborist, of each existing on- site or off-site native tree. Conditions of Approval / Mitigation Monitoring Program 5825 Ridgeway Ct PLN 2006-1117 Planned Development Overlay #29 Timing BL: Business License GP: Grading Permit BP: Building Permit A Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibil ity /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Mitigation Measure 4.e.2: The developer shall contract with a certified arborist GP 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. (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of % 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. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 5825 Ridgeway Ct BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2006-1117 A Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay #29 F0: Final Occupancy CE: City Engineer WK Wastewater CA: City Attorney Mitigation Measure 4.e.3: Grading and excavation and grading work shall be GP, BP PS 4.e.3 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.4: Erosion control hydroseed/slope stabilization shall BP CE, PS 4.e.4 consist of native species matching the existing plant species within the tributary stream. The seed and plant material shall not contain any introduced plant species. Mitigation Measure 5.a.1: A "HS" (Historic Site) zoning designation shall be placed ZCH PS 5.a.1 over Lot 1. Mitigation Measure 5.a.2: All retaining walls replaced or constructed as part of the BP PS 5.a.2 project shall be aesthetically compatible with the existing entry feature walls. These shall include stone veneer that is similar in shape and color to the existing walls. Mitigation Measure 5.a.3: CC&R's recorded for the development shall include a FMP PS 5.a.3 statement addressing the historic nature of Lot 1. Mitigation Measure 5.a.4: Any exterior building modifications or site plan changes Ongoing PS 5.a.4 not represented in the proposed project that could occur during the Building Permit application process or during construction shall be consistent with the Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines for Rehabilitating Historic Buildings and shall meet the provisions of CEQA -Section 15064.5, as approved by Planning Staff. Mitigation Measure 5.a.5: The existing carriage house/drive through out -building BP PS 5.a.5 shall be restored and maintained in a structurally and aesthetically sound condition. All modifications or repairs necessary for such shall be consistent wth the Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines for Rehabilitating Historic Buildings and shall meet the provisions of CEQA -Section 15064.5, as approved by Planning Staff. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 5825 Ridgeway Ct BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2006-1117 A Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay #29 F0: Final Occupancy CE: City Engineer WW; Wastewater CA: City Attorney Mitigation Measure 5.a.6: A written historic evaluation and photographic recordation BP PS 5.a.6 of the existing Colony Home shall be required, in quality and format consistent with standards of the Historic Architectural Buildings Survey (HABS), prior to any demolition, grading or other physical changes. The written historic evaluation shall include a narrative history and description of the property, plans, and photographs. Following HABS guidelines, the narrative report and the plans shall be presented together, and the photographs shall be presented separately in binders. The photographs shall include prints and an index to the prints. The negatives and a key to each photo view shall be included. Three sets of the written and photographic print documentation shall be provided to the City of Atascadero. Mitigation Measure 6.b: The grading permit application plans shall include erosion GP, BP CE 6.b 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. (See section 8 of the document). Mitigation Measure 6.c.d: A soils report shall be required to be submitted with a GP, BP CE 6.c.d. future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention Plan GP, BP CE 8.e.f.1 (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for ensuring that all BP, GP CE 8.0.2 contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop work orders. Mitigation Measure 11.d: All construction activities shall comply with the City of GP, BP PS 11A Atascadero Noise Ordinance for hours of operation. Mitigation Measure 15.a.b.1: Full frontage improvements shall be required along PI CE 15.a.b.1 Palma Avenue, Rosario Avenue, and Ridgeway Court, per the standards and approval of the City Engineer. ITEM NUMBER: DATE: Planning Commission Staff Report Staff Report - Community Development Department 8787 Plata Lane Commercial Condominiums TTM 2006-0094/PLN 2006-1141 (David Yarnold) RECOMMENDATION: Staff Recommends the Planning Commission: a_1 7_m Adopt Resolution PC 2007-0028 approving Tentative Tract Map 2006-0094, a request to establish 7 commercial airspace condominium units based on findings and subject to conditions of approval. SITUATION AND FACTS: 1. Owner: 2. Representative: 3. Project Address David Yarnold PO Box 3071 Atascadero, CA 93423 Geo -West 5255 Traffic Way Suite C Atascadero, CA 93422 8787 Plata Lane (APN 056-051-049) (San Luis Obispo County). 4. General Plan Designation: SC (Service commercial) 5. Zoning District: CS (Commercial Service) 6. Site Area: 0.463 acre 7. Existing Use: Commercial Building 8. Environmental Status: Exempt per CEQA section 15301: Existing Facilities DISCUSSION: Background: The existing building was completed in June 2005 and was designed to allow for 7 tenant spaces. The applicant is proposing an airspace condominium of the commercial tenant spaces to allow for the individual sale of each tenant space. The underlying parcel will remain un -subdivided and all common areas will be maintained by an association or comparable mechanism. ANALYSIS: The existing project site meets all zoning code requirements for a Commercial Development including parking and landscaping requirements. The proposed project will establish 7 airspace condominium tenant spaces for commercial use. Staff has conditioned the project to provide for maintenance of all common areas including all landscaping. Project Site Proposed Environmental Determination Surrounding Land Use and Setting: North: Commercial Service East: Commercial Service South: Commercial Service West. Commercial Service The project is exempt consistent with section 15301 of CEQA which exempts existing facilities from review where no negative impacts result. Conclusion The proposed Tentative Tract Map is consistent with the Zoning Code requirements and the requirements of the Subdivision Ordinance. Staff recommends the Planning Commission approve Tentative Tract Map 2006-0094 based on findings and conditions. ALTERNATIVES: 1. The Commission may approve the map with modified project conditions. 2. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. 3. The Commission may deny the map if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1 -- Location Map (General Plan & Zoning) Attachment 2 -- Draft Resolution PC 2007-0028 ATTACHMENT 1: Zoning and Location Map TTM 2006-0094 ATTACHMENT 2: Draft Resolution PC 2007-0028 TTM 2006-0094 DRAFT RESOLUTION PC 2007-0028 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 2006-0094, (TRACT 2878) TO ESTABLISH 7 AIRSPACE COMMERCIAL CONDOMINIUMS ON APN 056-051-049 (8787 Plata Lane / Yarnold) WHEREAS, an application has been received from David Yarnold, (PO Box 3071, Atascadero, CA 93423), applicant and property owner, to consider a Tentative Tract Map to establish 7 airspace commercial condominiums at 8787 Plata Lane (APN 056-051-049); and, WHEREAS, the current General Plan Land Use Designation is SC (Service Commercial); and, WHEREAS, the current Zoning District is CS (Commercial Service); and, WHEREAS, the proposed condominium map is exempt per section 15301 in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Tract Map application was held by the Planning Commission of the City of Atascadero 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 17, 2007 studied and considered Tentative Tract Map 2006-0094; and, NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Approval for Vesting Tentative Tract Map, the Planning Commission finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 3. The design of the project will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 4. A maintenance mechanism to ensure the continued maintenance of all common areas shall be required. 5. The proposed project design will not be detrimental to the health, safety or welfare of the general public. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on April 17, 2007 resolved to approve Tentative Tract Map (TTM 2006-0094) subject to the following: Exhibit A: Vesting Tentative Tract Map 2006-0094 (Tract 2878) Exhibit B: Conditions of Approval / Mitigation Monitoring Program. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary .xhibit A: Tentative Tract Map (TR 2878) '^ 1 ss M (�7'7V(77J ! bbF S�S�QQS5 qq4 pp i✓� �$( Q 3 9 fi d E fi d 4 i < �qD FY 4aQ4 {6`` i g s SP r � Our i,�• ,,n;n .\ i 4�� Exhibit B: Conditions of Approval / Mitigation Monitoring Program Tentative Tract Map 2006-0094 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 8787 Plata Ln BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map Plans FM: Fal Map PD: Department CE: CityEninee TTM 2006-0094 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Planning Services 1. The approval of this use permit shall become final and effective FM PS fourteen (14) days following Planning Commission approval of TTM 2006-0094 unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Tract Map shall be valid for two years after its FM PS effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date or a final map has been recorded with the County Recorder's Office. 3. The Community Development Department shall have the authority to FM PS approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map. 4. The granting of this entitlement shall apply to the property located at On going PS 8787 Plata Lane (APN 056-051-049) regardless of owner. 5. The Final Map shall be drawn in substantial conformance with the FM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 6. The subdivider shall defend, indemnify, and hold harmless the City of FM PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 7. The Tract Map shall be subject to additional fees for park or recreation FM PS purposes (QUIMBY Act) as required by City Ordinance. 8. Prior to final map, the applicant shall submit a maintenance mechanism BP PS to be reviewed and approved by the City and shall include provisions for the following: a) Provisions for maintenance of all common areas including shared parking facilities and landscape areas. b) A detailed list of each individual owner's responsibilities for maintenance of the individual tenant spaces. c A provision for review and approval by the City Community Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 8787 Plata Ln BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map Improvement PPlans FM: Final PD: Police Department CE: City Engineer TTM 2006-0094 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Development Department for any changes to the agreement affecting the above stated items. City Engineer Standard Conditions 9. In the event that the applicant bonds for the public improvements GP, BP CE required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 10. An engineer's estimate of probable cost shall be submitted for review GP, BP CE and approval by the City Engineer to determine the amount of the bond. 11. The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map. 12. A preliminary subdivision guarantee shall be submitted for review in FM CE conjunction with the processing of the tract map. 13. The final map shall be signed by the City Engineer prior to the map FM CE being placed on the agenda for City Council acceptance. 14. Prior to recording the tract map, the applicant shall pay all outstanding FM CE plan check/inspection fees. 15. Prior to recording the map, the applicant shall bond for or complete all FM CE improvements required by these conditions of approval. 16. Prior to recording the tract map, the applicant shall bond for or set FM CE monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the 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. 17. Prior to recording the tract map, the applicant shall submit a map drawn FM CE 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. 18. All existing and proposed utility, pipeline, open space, or other FM CE easements are to be shown on the final/parcel map. If there are building or other restrictions related to the easements, they shall be noted on the final/parcel map. The applicant shall show all access restrictions on the final/parcel map. 19. Prior to recording the tract map, the applicant shall have the map FM CE reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services 8787 Plata Ln SIP: Subdivision FD: Fire Department Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2006-0094 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 20. All onsite sewer mains shall be privately owned and maintained. FM CE 21. Prior to recording the final map, provisions for the repair and FM CE maintenance of the private SS shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private sewer and structures, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation.