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Home My WebLink AboutPC_2007-05-15_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, May 15, 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 May 15, 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 MAY 1, 2007. 2. PLANNING COMMISSION TIME EXTENSION ON TTM 2004-0062, PLN 2099- 0895 FOR 1565 EL CAMINO REAL (ALVAREZ). 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).) 3. PLN 2006-1137,10900 VISTA ROAD, GRADING ON SLOPES GREATER THAN 10% AND AN AMENDMENT TO MOVE THE BUILIDNG ENVELOPE. Owner & Larry and Ann Mathews, 5952 Bellingham Dr. Castro Valley, CA 94552 Applicant: Project Title: PLN 2006-1137. TRP 2007-0103. Grading on slopes greater than 10% and an Amendment to TTM 1982-0013 to move the building envelope. Project 10900 Vista Road, Atascadero, CA 93422 Location: (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 Mitigated Negative Declaration is available for public review at 6907 El Determination: 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 May 15, 2007 Page 3 of 6 4. PLN 2099-0079, AMENDMENT TO ZCH 2003-0041,11415 ELIANO STREET Owner & Trimark Pacific Homes, L.P., 3130 W. Main Street, Suite A-2, Visalia, CA 93291 Applicant: Project Title: Amendment to Zone Change 2003-0041/PLN 2099-0079 Project 11415 Eliano Street, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 045-312-020 Project An application for an Amendment to a Specific Plan to: 1) add two additional house plans to the Description: three plans currently approved; and 2) approve a standard SFR -2 stucco finish. General Plan Designation: SPI Zoning District: SFR -X Proposed The proposed Amendment is consistent with previously approved CEQA documents. Environmental drainage way that contains riparian species and an identified wetland area. The immediate wetland Determination: area is proposed to remain and the applicant is proposing stem wall construction for all the units 5. PLN 2099-0795,8570 EL CORTE PLANNED DEVELOPMENT Owner & Royce Construction & Development, Inc., 10780 Vista Road, Atascadero, CA 93422 Applicant: Project Title: PLN 2099-0795/ZCH 2006-0112, CUP 2006-0178, TTM 2006-0082; Planned Development Project 8570 El Corte, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 030-421-005 Project The proposed project consists of an application for a Zone Change, Conditional Use Permit; and Description: Tentative Tract Map for the construction of 7 new single-family detached homes on individual lots that will be developed under the requirements of the Planned Development Overlay #17. Proposed homes range from approximately 2681 square -feet to 2922 square -feet with two -car attached garages. Two native oak trees are proposed for removal. The project site contains an existing drainage way that contains riparian species and an identified wetland area. The immediate wetland area is proposed to remain and the applicant is proposing stem wall construction for all the units adjacent to the riparian area. The project will take access off of El Corte Road. Frontage improvements will be provided along EI Corte Road and La Linia Ave. The development will be served by City sewer. General Plan Designation: Single -Family Residential (SFR -X) Zoning District: Residential Single -Family -X (RSF-X) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. Environmental The proposed Mitigated Negative Declaration is available for public review at 6907 El Camino Determination: Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. City of Atascadero Planning Commission Agenda Regular Meeting May 15, 2007 Page 4 of 6 6. PLN 2007-1208, AMENDMENT TO SIGN PROGRAM AT 2300 EL CAMINO MISSION OAKS Owner: John Wilson/Tom Murrell, 505 Higuera St. #105, San Luis Obispo, CA 93401 Applicant: Pierre Rademaker Design, 738 Higuera St. Ste. F, San Luis Obispo, CA 93401 Project Title: PLN 2007-1208; Amendment to sign program at Mission Oaks Project 2300 El Camino Real, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 049-141-056 Project The proposed project consists of an Amendment to the sign program for Mission Oaks @ The Description: Annex. General Plan Designation: CPK Zoning District: CPK — PD 1 Proposed The proposed amendment is consistent with previously approved CEQA documents. Environmental A Mitigated Negative Declaration 2006-0034 was prepared for PPN 2006-0217. The MND was Determination: posted November 29, 2006 through December 18, 2006 and recorded on February 1, 2007. 7. PLN 2006-1161, VARIANCE FOR 3300 FALDA Owner: Francis & Khay Svedas, PO Box 1275, Atascadero, CA 93423 Applicant: James V. Shepard Co., 1900 Spring Street, Paso Robles, CA 93446 Project Title: PLN 2006-1161, VAR 2007-0011 Project 3300 Falda, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 049-302-039 Project An application for a Variance from the front setback. Applicant is proposing to reduce the front Description: setback to 10 feet from the edge of the right of way to the proposed residence due to the steeply sloped lot. General Plan Designation: RE Zoning District: RS Proposed A Mitigated Negative Declaration 2006-0034 was prepared for PPN 2006-0217. The MND was Environmental posted November 29, 2006 through December 18, 2006 and recorded on February 1, 2007. Determination: City of Atascadero Planning Commission Agenda 8. PLN 2006-1172, VARIANCE FOR 6200 MARCHANT AVE. Regular Meeting May 15, 2007 Page 5 of 6 Owner & Christopher Austin, 1923 Kleck Road, Paso Robles, CA 93446 Applicant: Project Title: PLN 2006-1172, VAR 2007-0012 Project 6200 Marchant Ave., Atascadero, CA 93422 Location: (San Luis Obispo County) APN 030-221-026 Project A request to allow a front setback Variance for a proposed multi -family development to save an Description: existing native oak tree. The resulting setback would be a minimum of 5 -feet from Alcantara Ave right-of-way. General Plan Designation: MDR Zoning District: RMF -10 Proposed Exempt per section 15303: New construction or conversion of small structures. Environmental Determination: COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on June S, 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 May 15, 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: 5-15-07 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, May 1, 2007 — 7:00 P.M. Chairperson O'Keefe called the meeting to order at 7:00 p.m. and Vice Chairperson Fonzi led the Pledge of Allegiance. ROLL CALL Present: Commissioners Heatherington, Marks, O'Grady, Slane, Fonzi, and Chairperson O'Keefe Absent: Commissioner Jack (excused absence) 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, Assistant Planner Callie Taylor, and Planning Technician Mathew Fawcett. Chairperson O'Keefe read the decorum guidelines. PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA MOTION: By Commissioner Marks and seconded by Vice Chairperson Fonzi to approve the agenda. Motion passed 6:0 by a roll -call vote. PC Draft Minutes 05/01/07 Page 1 of 7 DISCLOSURE OF EX PARTE COMMUNICATIONS: ■ Commissioner O'Grady: Visited all sites, when visiting the site for Item #5 he spoke with the applicant Mr. McGrath. Regarding Item #2, he received an email from David Low to which he replied. ■ Vice Chairperson Fonzi: Visited all sites and received an email from David Low, to which she did not reply. ■ Commissioner Slane: Received an email from David Low to which he did not reply. ■ Commissioner Marks: Visited all sites and spoke with the applicant on Item #5. Received an email from Mr. Low and responded as an acknowledgement. ■ Commissioner Heatherington: Visited all sites and received an email from David Low to which she did not respond. ■ Chairperson O'Keefe: Visited the site on San Gabriel and spoke with the owner Jennifer Monson. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON APRIL 17, 2007. MOTION: By Vice Chairperson Fonzi and seconded by Commissioner Marks to approve Item #1. Motion passed 6:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS 2. 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, Nipomo 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 PC Draft Minutes 05/01/07 Page 2 of 7 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 Description: the 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 Environmental proposed. The proposed Mitigated Negative Declaration is available for public review at Determination: 6907 EI Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Assistant Planner Callie Taylor gave the staff report and with City Engineer Steve Kahn and Deputy Community Development Director Steve McHarris answered questions of the Commission. PUBLIC COMMENT Gil Rodriguez, project designer, spoke about their opposition to modifying the street parking to accommodate additional parking due to the increased cost and the change to the aesthetic value of the project. Brian McMillan, project civil engineer, answered questions of the Commission. David Low stated he owns property across the street from this project and explained how he has been impacted by the traffic calming, why he thinks there is insufficient parking for this project, and why the project should include a sidewalk. Chairperson O'Keefe closed the Public Comment period. MOTION: By Chairperson O'Keefe and seconded by Commissioner Slane to adopt Resolution PC 2007-0011 recommending that the City Council certify Proposed Mitigated Negative Declaration 2006-0036; and, adopt Resolution PC 2007-0012 recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2005-0110 based on findings; and, adopt Resolution PC 2007-0013 recommending that the City Council approve Conditional Use Permit 2005- 0174 based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, adopt Resolution PC 2007- 0014 recommending the City Council approve Tentative Tract Map 2005-0081 based on findings and subject to Conditions of Approval and Mitigation Monitoring, and adding that the street remain as is, and that utilities be included for additional PC Draft Minutes 05/01/07 Page 3 of 7 lighting by the dumpster as well as the pole for the dumpster for the lighting. Motion passed 5:1 by a roll -call vote. (O'Grady opposed) Commissioner O'Grady stated he voted against the motion because of the parking and what he believes is furthering a negative impact to the neighborhood. 3. PLN 2007-1191, AMENDMENT TO PPN FOR 8380 EL CAMINO REAL, FOOD 4 LESS CENTER Owner: Romaldo Martin, 1192 Fallon Road, Hollister, CA 95023-9411 Applicant: Dale Anderson, PO Box 12160, San Luis Obispo, CA 93406 Project Title: PLN -2007-1191, Amendment to PPN 1987-42 Project 8380 EI Camino Real, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 056-041-046 Project An application for an Amendment to the Master Plan of Development at the Food 4 Less Description• Shopping Center. The center was originally approved in 1987 for a drive thru restaurant at the vacant pad along EI Camino Real in the south corner of the shopping center. The proposal includes adding a canopy over the drive -up window for a proposed bank. General Plan Designation: General Commercial (GC) Zoning District: Commercial Retail (CR) Proposed Environmental Consistent with the Negative Declaration previously certified for the Food 4 Less Shopping Center. Determination: Planning Technician Mathew Fawcett gave the staff report and with City Engineer Steve Kahn and Deputy Community Development Director Steve McHarris answered questions of the Commission. PUBLIC COMMENT Dale Anderson, applicant, addressed concerns raised by the Commission and answered their questions. Chairperson O'Keefe closed the Public Comment period. MOTION: By Commissioner Heatherington and seconded by Vice Chairperson Fonzi to adopt Resolution PC 2007-0034 and approve the Amendment to Precise Plan 42-87 (PLN 2007- 1191) based on findings and subject to Conditions of Approval, and moving the ADA parking space closer to the ATM subject to building official approval, adding a bike rack, and working with staff and the City Engineer to change the PC Draft Minutes 05/01/07 Page 4 of 7 drive-through window exit to be more accommodating to traffic. Motion passed 6:0 by a roll -call vote. 4. PLN -2007-1193, CONDITIONAL USE PERMIT FOR 6849 SAN GABRIEL ROAD Owner: Jennifer Monson, 6849 San Gabriel Road, Atascadero, CA 93422 Project Title• PLN -2007-1193, Minor CUP 2007-0205 Project 6849 San Gabriel Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 054-131-004 Project An application to add onto an existing barn / detached accessory structure where the total Description• area will exceed 50% of the size of the main residence. The new shop will add 480 square feet onto an existing 800 square foot barn/ accessory structure. General Plan Designation: Rural Estate (RE) Zoning District: Residential Suburban (RS) Proposed Environmental Categorical Exemption Determination: Planning Technician Mathew Fawcett gave the staff report and answered questions of the Commission. PUBLIC COMMENT Eric and Jennifer Monson, applicants, explained the reason they are asking for the Conditional Use Permit and answered questions of the Commission. Chairperson O'Keefe closed the Public Comment period. Commissioner Heatherington expressed concern that the proper permitting procedures were not followed from the beginning. MOTION: By Vice Chairperson Fonzi and seconded by Commissioner Slane to adopt Resolution PC 2007-0035 to approve Conditional Use Permit 2007-0205 based on findings and subject to conditions of approval. Motion passed 5:1 by a roll -call vote. (Heatherington opposed) 5. PLN 2007-1204, CONDITIONAL USE PERMIT FOR 8394 EL CAMINO REAL Owner: Geraldine C. Norton, 1520 Country Club Dr., Paso Robles, CA 93446 Applicant: Michael McGrath, PO Box 1321, Atascadero, CA 93423 Project Title: PLN 2007-1204/Minor Conditional Use Permit 2007-0212 PC Draft Minutes 05/01/07 Page 5 of 7 Project Location: 8394 EI Camino Real, Atascadero (San Luis Obispo County) APN 056-041-032 Project An application for a Minor Conditional Use Permit to allow for a business use of vehicle Description: and equipment storage in a Commercial Service Zone. General Plan Designation: SC Zoning District: CS Proposed Environmental Categorical Exemption Determination: Planning Technician Mathew Fawcett gave the staff report and with Deputy Community Development Director Steve McHarris answered questions of the Commission. PUBLIC COMMENT Michael McGrath, applicant, addressed concerns raised by the Commission and answered their questions. Chairperson O'Keefe closed the Public Comment period. MOTION: By Commissioner Marks and seconded by Chairperson O'Keefe to adopt Resolution PC 2007-0036 approving Conditional Use Permit 2007-0212 based on findings and subject to Conditions of Approval. Motion passed 6:0 by a roll -call vote. COMMISSIONER COMMENTS AND REPORTS Commissioner O'Grady complimented Mr. Fawcett on his inaugural presentation. Commissioner Heatherington asked what happens when people build without the proper permits, and whether there was a mechanism to raise the permit fees. Community Development Director Warren Frace explained the 2 -step process staff follows. Vice Chairperson Fonzi asked for clarification from the City Attorney regarding quasi- judicial decisions versus legislative decisions made by the Commission. Director Frace stated he would check with the City Attorney and report back. Chairperson O'Keefe announced that she would not be present at the next Planning Commission meeting. PC Draft Minutes 05/01/07 Page 6 of 7 DIRECTOR'S REPORT Community Development Director Warren Frace reviewed the agenda for the next meeting, and announced a special site meeting on May 11 at 3:00 p.m. for the EI Corte Project. Director Frace answered questions of the Commission. ADJOURNMENT Chairperson O'Keefe adjourned the meeting at 9:04 p.m. to the Special Planning Commission Meeting and Site Visit on May 11, 2007. MINUTES PREPARED BY: Grace Pucci, Recording Secretary \\Cityhall\cdvlpmnt\— PC Minutes\PC Minutes 07\PC Draft Minutes 05-01-07.doc PC Draft Minutes 05/01/07 Page 7 of 7 ITEM NUMBER: 2 DATE: 5-15-07 Atascadero Planning Commission Consent Agenda — Community Development Department Time Extension TTM 2004-0062 1565 EI Camino Real (Steve Alvarez) SUBJECT: Consideration of a one-year Time Extension for Tentative Tract Map TTM 2004-0062. RECOMMENDATION: Staff Recommends: Adopt Resolution PC 2007-0044, thereby approving a one-year Time Extension of Tentative Tract Map 2004-0062 in compliance with Sections 11-4.23(a) and 11-4.33(b) of the Subdivision Ordinance. SITUATION AND FACTS: 1. Applicant/Owner: 2. Project Address Steve Alvarez PO Box 1311 Templeton, CA 93465 1565 EI Camino Real Atascadero, CA 93422 APN: 049-311-003 3. General Plan Designation: Single -Family Residential — X (SFR -X) 4. Zoning District: Residential -Single Family — X / (PD -17) 5. Site Area: 1.516 acres 6. Existing Use: Residence 7. Environmental Status: Mitigated Negative Declaration 2005-0005 DISCUSSION: Background: An application was received from Steve Alvarez to consider a project consisting of a Zone Change from RSF-X (Residential Single -Family) to RSF-X/PD-17 (Residential Single -Family with Planned Development Overlay #17) with an adoption of a Master Plan of Development, and a seven -lot residential Tentative Tract Map on APN: 049-311- 003. It was adopted April 12, 2005. Analysis: The Subdivision Map Act mandates an initial two-year life and, by local ordinance, the City can extend initial life up to an additional 12 months. Additionally, the City may use discretionary extensions to extend the time at which the map expires for a period(s) not to exceed a total of five years. The application for the extension must be filed prior to the expiration date. The Planning Commission has discretion on whether to extend the map, or to defer the decision to the City Council. The Planning Commission may add or modify any conditions of approval, prior to granting the Time Extension, to ensure the project remains consistent with updated ordinances and policy. Staff is not recommending any modifications with this time extension. Map History: Approval Expiration Original Approval April 12, 2005 April 12, 2007 Time Extension 1 Applied 3/26/07 May 15, 2007 April 12, 2008 CONCLUSION: At the time of approval, the City Council found the proposed subdivision map, as conditioned, consistent with the 2002 General Plan and Zoning Ordinance and the lot configurations consistent with the requirements of the Subdivision Ordinance. Staff recommends the Planning Commission approve the Time Extension as requested. ALTERNATIVES: 1. The Commission may approve the Time Extension subject to additional or revised project conditions. 2. The Commission may deny the Time Extension if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. PREPARED BY: Mathew Fawcett, Planning Technician ATTACHMENTS: Attachment 1 - Location Map (General Plan & Zoning) Attachment 2 - Master Plan of Development Attachment 3 - Approved conditions of approval and mitigation monitoring Attachment 4 - Draft Resolution PC 2007-0044 ATTACHMENT 1: Location Map (General Plan / Zoning) TTM 2004-0062 1565 EI Camino Real Zoning District: RSF — X / PD 17 Land Use Designation: SFR ATTACHMENT 2: Master Plan of Development tli _ LL _ 11 ` - JIB - AL - _ IIL- - I. _ � _ _ � _ Al i - - IIL _ --di- -A -di- -LL vu9 Attachment 3: Conditions of Approval / Mitigation Monitoring TTM 2004-0062 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program (Monitoring Measure FM; FINAL MAP BL: Business License PS: Planning Services BS: Building Services 1565 EI Camino Real GP: Grading Permit BP: Building Permit FD: Fire Department PD -17 Master Plan of Development TO:TinalInsppection Temporary PD: Police Department CE: City Engineer CUP 2004-0143/ZCH 2004-0093 Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy Planning Services 1. The approval of this zone change and use permit shall become final BP PS and effective following City Council approval. 2. Approval of this Conditional Use Permit shall be valid for twenty-four FM PS (24) 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. 3. Subsequent changes to the Master Plan of Development shall be On-going PS approved by the Planning Commission, independent of Council action. 4. The Community Development Department shall have the authority to BP/FM PS approve the following minor changes to the project the (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. Any other changes to the Master Plan of Development shall be subject to City Council approval. Any associated Tentative Maps unless shall be subject to Planning Commission approval. 5. The applicant shall defend, indemnify, and hold harmless the City of ongoing PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 6. All site work, grading, and site improvements shall be consistent with BP/FM PS the Master Plan of Development as shown in EXHIBIT B. 7. All subsequent Maps and construction permits shall be consistent BP/FM PS with the Master Plan of Development contained here -in. 8. The developer and/or subsequent owner shall assume responsibility for the continued maintenance of all landscape and common areas, consistent with EXHIBIT C. Prior to final map, the applicant shall submit a covenant for review and approval by the Community Development Department. The covenant shall record with the Final Map and shall include the following: a Residents shall keep all trash receptacles within the unit's Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program (Monitoring Measure FM' FINAL MAP BL: Business License PS: Planning Services BS: Building Services 1565 EI Camino Real GP: Grading Permit BP: Building Permit FD: Fire Department PD -17 Master Plan of Develo ment p FI: Finallnspection T0: Temporary PD: Police Department CE: City Engineer CUP 2004-0143/ZCH 2004-0093 occupancy ww; wastewater CA: City Attorney F0: Final Occupancy designated trash storage area. b) Garages shall be maintained and used for vehicle parking. c) No boats, RV's or other type of recreation vehicle may occupy a guest or resident parking space, including within an individual garage. d) All site development, fencing, and landscaping is subject to the Master Plan of Development for the project. 9. All exterior material finishes (stone, siding, stucco facades, accent BP PS materials, lighting, garage doors) shall be durable, high quality, and consistent with the architectural appearance of each home. 10. All exterior elevations, finish materials and colors shall be consistent BP PS with the Master Plan of Development as shown in EXHIBITS G, I, J and K, and shall include the following, subject to staff approval: ■ The residence on Lot 1 shall extend the porch to wrap along the EI Camino Real elevation. ■ A minimum of 3 roof colors shall be included throughout the project. All roofing shall be dimensional shingles and shall include a blend of earth toned colors. ■ Column posts shall be a minimum 6" x 6" dimension. ■ As shown, all garage doors shall be ordered in paint grade and painted to match the body color of the home; or shall be ordered from the factory in a matching body color or a color compatible with the color scheme, subject to staff approval prior to ordering. ■ Proposed stacked stone shall be compatible with the color scheme of each unit and shall include a variety of earth toned colors with each unit. Additional stonework shall be added to Residence #1, consistent with the other homes. ■ All residential lighting shall be compatible with the architectural style and scale of the units as identified in project exhibits. ■ The staggered shingle gable accents on unit 1 design shall be painted an accent color consistent with the overall color scheme, subject to staff approval. 11. A final landscape and irrigation plan shall be approved prior to the BP PS issuance of building permits and included as part of site improvement plan consistent with EXHIBIT C, and shall include the following: ■ Decorative ribbon driveways are required as an amenity component of the Planned Development, per Exhibit B. ■ All exterior meters, air conditioning units, and mechanical Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program (Monitoring Measure FM' FINAL MAP BL: Business License PS: Planning Services BS: Building Services 1565 EI Camino Real GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department PD -17 Master Plan of Develo ment p FI: Finallnspection T0: Temporary CE: City Engineer CUP 2004-0143/ZCH 2004-0093 occupancy WN: wastewater CA: City Attorney F0: Final Occupancy equipment shall be screened with landscape material. Trash/recycle container areas shall be screened with fencing or landscape. ■ The developer shall landscape all front and street -facing side yards. All landscape maintenance shall be the responsibility of the individual property owner. ■ All proposed tree locations, species, and sizes shall be as identified in EXHIBITS C. Trees shall be double staked. Utilities shall be located to not interfere with tree planting locations. ■ Drainage detention basin and conditioned Open Space parcel shall be landscaped by the developer and maintained by the homeowner's association or other mechanism approved by the City. ■ Add one high-quality earth -toned picnic table to the landscaped drainage detention basin. ■ Turf shall be removed from front yards and replaced with drought tolerant landscaping. 12. A Tree Protection Plan consistent with EXHIBIT D shall be submitted BP PS with subsequent building permits for 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. Failure to observe tree mitigation and arborist monitoring requirements shall result in a minimum of double penalties, additional Planning Commission review, and additional mitigation. 13. All project fencing shall be installed consistent with EXHIBIT B and C, BP PS subject to the following modifications: ■ Fencing material and treatment shall comply with the PD25 standards. ■ All fencing shall be recessed from the fagade of the units along all street and parking court frontages. ■ Fencing and landscape shall be designed and installed for easy removal at the cul-de-sac terminus for future street extension. ■ Drainage detention basin shall not be fenced. ■ Project shall not be gated. 14. Affordable Housing Requirement: The applicant shall either deed FM, BP PS, CE restrict a minimum of 1 residential unit for 30 year at a moderate income rate with recordation of the final map or shall pay an in -lieu fee equal to 5% of the construction valuation of each unit. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program (Monitoring Measure FM' FINAL MAP BL: Business License PS: Planning Services BS: Building Services 1565 EI Camino Real GP: Grading Permit BP: Building Permit FD: Fire Department PD -17 Master Plan of Develo ment p FI: Finallnspection T0: Temporary PD: Police Department CE: City Engineer CUP 2004-0143/ZCH 2004-0093 occupancy WN: wastewater CA: City Attorney F0: Final Occupancy 15. Workforce Housing: Prior to recordation of final map, the applicant FM, BP PS, CE shall enter into a legal agreement with the City to reserve '/z 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. The emergency services and facility maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 17. All tract maintenance costs listed below shall be 100% funded by the project in 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 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program (Monitoring Measure FM' FINAL MAP BL: Business License PS: Planning Services BS: Building Services 1565 EI Camino Real GP: Grading Permit BP: Building Permit FD: Fire Department PD -17 Master Plan of Develo ment p FI: Finallnspection T0: Temporary PD: Police Department CE: City Engineer CUP 2004-0143/ZCH 2004-0093 occupancy ww; wastewater CA: City Attorney F0: Final Occupancy 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. All frontage landscaping and sidewalks along arterial streets 18. Deed notice shall be recorded with each lot notifying each property FM PS, CE owner that the on-site roadway shall be extended to serve future residential subdivisions to the east. 19. The drainage detention basin shall be located on an independent lot FM PS, CE to be owned by the Homeowners Association and to be landscaped and maintained by the Association. Building Services 20. A soils investigation prepared by a licensed Geotechnical BP FM Engineer is to be provided for the project. The report is to be provided at the time 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. Fire Marshal 21. All street names shall be reviewed and approved by the FM PS, FD, PD Community Development Department, the Fire Department, and the Police Department. Street names and addresses shall be approved and assigned prior to recordation of the final map. 22. Provide a letter from the Atascadero Mutual Water Company BP PS/FD stating the minimum expected water available to the site. Amount available must meet minimum requirement specified in the California Fire Code. 23. Note that approved address signage is to be provided. BP PS/FD 24. Note on plans that fire lanes shall be delineated to restrict parking BP PS/FD as required by the Fire Authority. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program (Monitoring Measure FM' FINAL MAP BL: Business License PS: Planning Services BS: Building Services 1565 EI Camino Real GP: Grading Permit BP: Building Permit FD: Fire Department PD -17 Master Plan of Develo ment p FI: Finallnspection T0: Temporary PD: Police Department CE: City Engineer CUP 2004-0143/ZCH 2004-0093 occupancy ww; wastewater CA: City Attorney FO: Final Occupancy Engineering Conditions City Engineer Project Conditions Drainage: 25. All drainage facilities shall be designed and constructed in BP PW accordance with the current City of Atascadero Engineering Standards. 26. The applicant shall submit drainage calculations for review and BP PW approval of the City Engineer. 27. All drainage basins shall detain the difference in the 2 -year storm BP PW runoff or the undeveloped site and the 50 -year storm runoff of the developed site. The outlet pipe or channel shall be sized for the 2 -year storm peak runoff rate for the undeveloped site at full capacity. 28. The applicant shall address storm water detention to the BP/FM PW satisfaction of the City Engineer, prior to grading and drainage approval, or approval of the final map. 29. A homeowners association or other funding and maintenance FM PW agreement shall be submitted for approval by the City Engineer and the City Attorney prior to recording the final map. The agreement shall cover scheduled maintenance of the drainage facilities. 30. Existing drainage patterns from adjacent properties shall not be BP PW obstructed. 31. All drainage from improvements shall cross property lines within BP PW drainage easements. 32. Drainage at the rear of the lots must be carried across property BP PW lines in a closed conduit. Frontage Improvements: BP PW 33. Project shall include construction of curb, gutter and sidewalk BP PW along entire EI Camino Real frontage. 34. Alignment of frontage improvements shall be approved by the City BP PW Engineer. 35. The entry location of project on EI Camino Real shall be located in BP PW such a location as to provide adequate site distance for vehicles exiting project. 36. All utilities shall be undergrounded on EI Camino Real BP PW Improvement Maintenance Street Improvements and landscaping: 37. All street improvements shall be constructed in accordance with BP PW City of Atascadero Engineering Standards. 38. Prior to recording the final map, provisions for the repair and FM PW maintenance of all street and landscaping improvements shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the streets and landscaping, such as a homeowners association. The City Engineer and City Attorney Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program (Monitoring Measure FM' FINAL MAP BL: Business License PS: Planning Services BS: Building Services 1565 EI Camino Real GP: Grading Permit BP: Building Permit FD: Fire Department PD -17 Master Plan of Develo ment p FI: Finallnspection T0: Temporary PD: Police Department CE: City Engineer CUP 2004-0143/ZCH 2004-0093 occupancy WN: wastewater CA: City Attorney F0: Final Occupancy shall approve the final form prior to recordation. Wastewater: 39. All onsite sewer mains shall be privately owned and maintained. BP PW 40. Prior to recording the final map, provisions for the repair and BP PW 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. 41. Applicant shall pay sewer extension (Annexation), Connection and BP PW Reimbursement fees (if applicable) upon issuance of building permit. 42. Gravity mains within the subdivision shall be eight (8) inches in BP PW diameter. 43. Drainage piping serving fixtures which have flood level rims BP PW located below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve. 44. All sanitary sewer (SS) mains shall terminate in manholes unless BP PW extension of the main, at some later date, is anticipated. If extension of a SS main is anticipated, said SS main may terminate in a cleanout providing the next downstream manhole is less than 300 linear feet from the cleanout and that the point of termination is not a reasonable location for a SS main angle point or intersection. City Engineer Standard Conditions: 45. In the event that the applicant is allowed to bond for the public BP BS improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 46. An engineer's estimate of probable cost shall be submitted for BP PW review and approval by the City Engineer to determine the amount of the bond. 47. The Subdivision Improvement Agreement shall record FM PW concurrently with the Final Map. 48. All public improvements shall be constructed in conformance with BP PW the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 49. The applicant shall be responsible for the relocation and/or BP PW alteration of existing utilities. 50. The applicant shall install all new utilities (water, gas, electric, BP BS cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program (Monitoring Measure FM' FINAL MAP BL: Business License PS: Planning Services BS: Building Services 1565 EI Camino Real GP: Grading Permit BP: Building Permit FD: Fire Department PD -17 Master Plan of Develo ment p FI: Finallnspection T0: Temporary PD: Police Department CE: City Engineer CUP 2004-0143/ZCH 2004-0093 occupancy WN: wastewater CA: City Attorney F0: Final Occupancy 51. The applicant shall monument all property corners for construction BP PW control and shall promptly replace them if disturbed. 52. A preliminary subdivision guarantee shall be submitted for review BP PW in conjunction with the processing of the parcel map. 53. All existing and proposed utility, pipeline, open space, or other BP PS/PW easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 54. Prior to recording the tract map, the applicant shall submit a map FM PS/PW drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 55. Prior to recording the tract map, the applicant's surveyor shall set FM PW monuments at all new property corners or shall indicate, by certificate on the final 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. 56. Prior to recording the tract map, the applicant shall pay all FM BS outstanding plan check/inspection fees. 57. Prior to recording the tract map, the applicant shall have the map FM PW reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company, which indicates their review of the map. The letter shall identify any new easements, which 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. 58. Upon recording the final map, the applicant shall provide the City FM PW with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 59. Prior to the final inspection of any public improvements, the BP PW applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. AMWC Conditions: 60. Before the issuance of building permits, the applicant shall submit plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards Code of Regulations Title 22, Division 4, Chapter 16). Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program (Monitoring Measure FM' FINAL MAP BL: Business License PS: Planning Services BS: Building Services 1565 EI Camino Real GP: Grading Permit BP: Building Permit FD: Fire Department PD -17 Master Plan of Develo ment p FI: Finallnspection T0: Temporary PD: Police Department CE: City Engineer CUP 2004-0143/ZCH 2004-0093 occupancy ww; wastewater CA: City Attorney F0: Final Occupancy All cross -connection devices shall conform to AWWA and California Department of Health Services standards. 61. Before the start of construction on the water system improvements, the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. 62. Before issuance of building permits, the applicant shall obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. 63. The applicant shall provide AMWC with easements for those water facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 64. The applicant shall submit a hydraulic analysis with the first plan check submittal of the water system improvements for the project. The analysis should take into account the fire flows required by the Uniform Fire Code and requirements of the California Waterworks Standards. The applicant is responsible for designing and constructing water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. 65. The applicant shall obtain a separate landscape -irrigation meter(s) from AMWC for any common areas within the project. 66. Landscaping for the common areas shall be drought -tolerant. 67. Before construction of the water system improvements, AMWC shall review and approve the irrigation plans for the common areas within the project. 68. These conditions are limited to this specific plan submittal and for the purpose for which the applicant made the submittal. Conditions and/or comments are not a commitment by AMWC to serve the project. AMWC may consider these conditions invalid if there are changes in plans, circumstances, or agency rules, regulations, or policies. These conditions of approval supercede all other conditions of approval previously recommended by AMWC for this project. Mitigation Measures Mitigation Measure 1.d.1: Exterior lighting shall be limited to wall mounted BP PS 1.d.1 building lighting only. All exterior lighting shall be designed to eliminate any off site glare and shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Fixtures shall be shield cut-off type and compatible with historic setting, subject to staff approval. Conditions of Approval / Mitigation Monitoring Program 1565 EI Camino Real PD -17 Master Plan of Develo ment p CUP 2004-0143/ZCH 2004-0093 Timing FM' FINAL MAP BL: Business License GP: Grading Permit BP: Building Permit FI: Finallnspection T0: Temporary occupancy F0: Final Occupancy Responsibility (Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WN: wastewater CA: City Attorney Mitigation Measure Mitigation Measure 3.b.1: The project shall be conditioned to comply with BP BS 3.b.1 all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. ■ 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; Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program (Monitoring Measure FM' FINAL MAP BL: Business License PS: Planning Services BS: Building Services 1565 EI Camino Real GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department PD -17 Master Plan of Develo ment p FI: Finallnspection T0: Temporary CE: City Engineer CUP 2004-0143/ZCH 2004-0093 occupancy WN: wastewater CA: City Attorney F0: Final Occupancy (E) Equipment must be washed down before moving from the property onto a paved public road; and (F) Visible track -out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four (24) hours. Mitigation Measure 4.e.1: The Grading Plan shall identify tree protection BP PS 4.e.1 fencing around the dripline of each existing on-site or off-site native tree within 20 feet of construction activity. Mitigation Measure 4.e.2: Grading and excavation and grading work shall GP PS 4.e.2 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.3: An arborists report shall be required prior to GP PS 4.e.3 project implementation. The report shall identify each native tree proposed for removal and each tree within the project area subject to potential impact. The report shall provide recommendations for tree pruning, tree protection of existing native trees to remain, and identify native tree impact/replacement mitigation per the Atascadero Municipal Code Section 9-11.105. Mitigation Measure 6.b: The grading permit application plans shall include GP CE 6.b erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.d: A soils report shall be required to be submitted GP BS 6.c.d with a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. Mitigation Measure 8.e.f: The developer is responsible for ensuring that all BP CE 8.0 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. Conditions of Approval / Mitigation Monitoring Program 1565 EI Camino Real PD -17 Master Plan of Develo ment p CUP 2004-0143/ZCH 2004-0093 Timing FM' FINAL MAP BL: Business License GP: Grading Permit BP: Building Permit FI: Finallnspection T0: Temporary occupancy F0: Final Occupancy Responsibility (Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WN: wastewater CA: City Attorney Mitigation Measure Mitigation Measure 11.d: All construction activities shall comply with the Ongoing BS/PS 11.d City of Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. ATTACHMENT 4: Draft Resolution PC 2007-0044 TTM 2004-0062 1565 EI Camino Real DRAFT RESOLUTION NO. PC 2007-0044 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A ONE-YEAR TIME EXTENSION OF AN APPROVED VESTING TENTATIVE PARCEL MAP (TTM 2004-0062,1565 El Camino Real, Steve Alvarez) WHEREAS, an application has been received from the applicant and property owner, Steve Alvarez (PO Box 1311, Templeton, CA 93465), proposes a project consisting of a Zone Change From RSF-X (Residential Single -Family) to RSF-X/PD-17 (Residential Single -Family with Planned Development Overlay # 17) with the adoption of a Master Plan of Development and a seven -lot residential Tentative Tract Map on APN 049-311-003; and, WHEREAS, the Planning Commission approved a Tentative Tract Map on April 12, 2005; and WHEREAS, the Planning Commission considered the proposed one-year Time Extension at a meeting held May 15, 2007, setting the expiration date to April 12, 2008; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1: FINDINGS. The Planning Commission makes the following findings: 1. The approval of the time extension would not place the residents of the subdivision or the immediate community, or both in a condition dangerous to their health or safety, or both. 2. The approval of the time extension will not prohibit the project from complying with state or federal law. SECTION 2: TIME EXTENSION APPROVAL The Planning Commission does hereby approve a one-year time extension of TTM 2004-0062, to expire on April 12, 2008. On motion by Commissioner and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary ITEM NUMBER: 3 DATE: 5-15-07 Atascadero Planning Commission Staff Report - Community Development Department Amendment to the Building Envelope on Lot 14 of Tentative Tract Map 1982-0013 (Tract 1382), PLN 2006-1137 10900 Vista Road (Mathews) SUBJECT: The project consists of a proposal to amend the location of the building envelope on lot 14 of Tract 1382 on Vista Road. A single-family residence is proposed to be located approximately 600 feet from the building envelope which was originally approved with Tentative Tract Map 1982-0013. Native trees are proposed for removal, including one 38 -inch Live Oak and nine 4 to 6 -inch Live Oaks and Scrub Oaks. RECOMMENDATION: Staff recommends Planning Commission adopt Resolution PC 2007-0042, certifying proposed Mitigated Negative Declaration 2007-0004, approving an amendment to the location of the building envelope on lot 14 of Tract 1382, and approving the removal of one 38 -inch Live Oak and nine 4-6 inch Live Oaks and Scrub Oaks, based on findings and subject to conditions. SITUATION AND FACTS: 1. Applicant/Owners: Larry and Ann Mathews, 5952 Bellingham Dr. Castro Valley, CA 94552 2. Project Address: 10900 Vista Road, Atascadero, CA 93422 APN: 055-161-030 3. General Plan Designation: Rural Estate 4. Zoning District: Residential Suburban — Planned Development 2 5. Site Area: 8.8 acre 6. Existing Use: Vacant site 7. Environmental Status: Proposed Mitigated Negative Declaration 2007-0004 DISCUSSION: Background: The property is located on Lot 14 of Tract 1382. The site is accessed from Vista Road and is located between San Marcos Road and Highway 41. Tentative Tract Map 1982-0013 was approved in 1990 as a Planned Development #2 Overlay. The Tract Map and Planned Development Overlay requires that lots be established with consideration for physical features and site characteristics. Building envelopes were included in order to identify suitable building sites on the steeply sloped terrain of the area. A final building site map showing the selected building sites and slopes was included with the TTM on file with the Community Development Department. Notes recorded with Final Map for Tract 1382: TRACT 1382 PANORAMA OAKS ESTATES IC N07F5-* A O,- LoT 7, 27e467 -1.06p P6,Q /3-M�9i5-92 /./1PP.94P.�//ATE ,$Q/L_$ RERf.�'T5 /NC(Up/NC ilPErplL((sjT/Or{/ Tf$T /f TEST 77/ G1E7'EifM.Hi6r 7/.'E P/7�Sfvl1 �:" C.ifOLfif�D WATER , �' LOG 0/-,* .50/L ,9,dWAVC 70,9 MW/. -4401 AV -,-7W Of 727W FEET .FALL /3� X/�•'7 /Tl� 7b TNF &WV1,HG Lt-,",f?MENT r/P/Of 7U 711E 1S37l-1NlF ctf .t /!!//LO/•i/G O6T.N/J SOLSr'iERJ.TTS JNP/CATE 7&,# 7- Cizy1/ENT,EZYifL SWL - ,0-W e7A0�Y .SYj7Z*jS AAE .VOT /7Y2'EPTiIMLE, !?Y jV0,"WHHL OF PLANS , ap W 'LTE/f ,'f7/YF APM,37E J*-CWAre SYST6y DES OW" .,'A/'rEG✓STF TES C/Y/L 6Y- &VNEER 9,F0&1A ,0.OEAew.P e- ZIABW 7&.- 3YSTE,ti1 p MOPE' AFTZP/Cr/VE /fZau/.rEMZY!'S MAY 7E57S, $J.NVGS, AWP PE, CWS /�Y11!/A'.YG ST.Q`CTU.fE LDld7.�.[/S /I.i�O SEPT/C 3y✓ - XAPY LIXAT/ONS ,SNiYl FE 404t7E.P /rYS/OE CW 7iYf PLS' DE- 4W,r*, 71VC jriS9SJfiLF 0bi/Ld?/iVA ,V7--5 av F/lE' ,W 7mr ,oLll�a ,tiEWA71M6YT Pi➢N?7E •5EW,4AC P,3vV-z!L .5"7.5v A0:F r V S&,Vz i}l.'}D l"N1 .w'/TN riYE f�.101✓/NG. /9. 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NO ea, SH.V1 AaF MA'OE /f/y/!h' "IEED F/✓E FF,�T /�Y yF/a /�+T _C' 11 /9Y 72Y -F G 491/7ELM,)r A47 45 ?o 1 •:'.s/c S".a C2WME'NCE PErPM: r AIV -0 litMR /A. tiYB W/rH /t/°PL/O.4.g1� !/TY 0,jW, 49.yl1r5'. SFl�AL OR"IA14 *VP Oh'.}/N/►F-- �/!1/S, AMOASW .91V A /91sG-/57--IPED CIVIL 6yG.y1lFER 1478 RE- YELORMEiNT OF 51941L Aj-,fAtIz11,o? 0 70 SF- -zlaM/TTED ft�T.9EV/EIY.SWG APP/40YflL 7D 7rF )gk} ,V/,W P%f/OR 72v 7,ViP ,1Yre4 N'CE A -A APr,017- /WY MOD/F26}774-V OF 77YE6iPLt/iV0 GY/•P.Eh'G 517E APYELOPMC9✓T WITJY/N -X/ FEET a- O?}/iv AGE ,SIY/ud-3 SlbtLL BE .g4V-zz-T 7V--Wf0Y,-K a- 77YE' Gf/.0/l7MfX77. 7. RoY/F 0,Y ALL STiPUCTU,fES X"ZZ ac CZot5S' C Rl- 2WP OR 1W-7TER. The following are Conditions of Approval of the Tentative Tract Map: 9. A plan delineating a feasible building site or sites for each lot in compliance with the following shall be submitted to the Plan- ning Department prior to recordation of any Final Map: a. Building sites shall generally be limited to areas of .20% grade or less, for conventional slab -on -grade construction. b. Building sites shall conform to setback requirements of the zoning and building ordinances, including those required for private sewage disposal systems. C. Building sites shall contain sufficient area for private sew- age disposal systems, including expansion area. d. Building sites shall be accessible by driveways with less than 20% grade. e. A minimum of one such building site in conformance with the above, as well as other conditions set forth in this approv- al, shall be available on each proposed lot. If a site is not available, the lot design may be required to be revised to provide one.• f. The following Note shall appear on the Final Map: "A plan delineating a feasible building site for each lot is on file in the Planning Department. Construction may be limited to these sites by the Planning Department when re- viewing individual building permit applications." 10. Efforts shall be made to minimize grading that would be disruptive to the natural topography and removal of existing mature trees. The following shall appear as a Note on the Final Map: "No trees shall be removed without compliance with applicable City ordinances. No grading shall commence without an appropriate per- mit and compliance with applicable City ordinances. No cuts shall be made which exceed five (5) feet in height, unless authorized by the Planning Director." 11. All grading shall conform to Chapter 70 of the Uniform Building Code. All cut and fill slopes shall be adequate to allow for establishment of vegetation. Particular attention shall be given to drainage control in conjunction with any grading. 12. Development of lots located within identified oak woodland areas shall be given particular attention to minimizing unnecessary tree removal. Analysis: An Amendment is being proposed on lot 14 to approve an alternative building site location approximately 600 feet west of the approved building envelope. The approved building envelope on lot 14 is located on slopes of 27% at approximately 100 -feet from Vista Road. The approved building site would require cut & fill to create building pad on the steeply sloped site; however, the close proximity to Vista Road eliminates the need for a long accessway. Previous construction within this tract has adhered to the approved building envelopes, most of which are located adjacent to Vista Road. The distance requested from the approved envelope and additional grading required to access the proposed building site requires Planning Commission approval. The applicant has proposed a single family residence to be located towards the center of the 8.8 acre site. The proposed residence and accessway 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. Grading and fill will be necessary around the drainage swale, and will require the removal of one 38 -inch Live Oak. The swale is not identified as a Blue Line Creek. The project has been conditioned to include a landscape plan with drought tolerant native species and an irrigation system to be submitted with building permits in order to revegetate the drainage swale and disturbed slopes (Mitigation 6.b.2.) The project site can be accessed by a partially graded dirt road. According to the applicant, the road was recently graded to obtain percolation tests for the site. The grading was not permitted; however, the applicant has worked with the City's Public Works department to install erosion control until building permits can be obtained. Justification letters for the proposed building envelope have been provided by the project architect, engineer, contractor, septic designer, and the original engineer on the Tract Map in order to justifiy the new building site location. The letters have been included in Attachment 4. If the Amendment is approved, a new building envelope will be created to encompass the proposed footprint and graded building pad area. The new envelope shall be kept on file with the Community Development Department and shall replace the previously approved envelope on this lot only (Condition #6.) Tree Removals: Driveway Area Ten native trees are proposed for removal with the construction for the proposed residence and accessway. Proposed removals include one 38 -inch Live Oak and 9 smaller Live Oaks and Scrub Oaks ranging in size from 4 to 6 -inches. The 38 -inch live oak is located in the drainage swale. Cut and fill for the driveway crossing at the drainage swale requires removal of the tree. The smaller oaks are located along Vista Road at the beginning of the driveway and in the location of the proposed building pad. An arborist report has been provided with further details (Attachment 3.) Environmental Review: A proposed Mitigated Negative Declaration has been prepared for the project in accordance with the requirements of CEQA. CONCLUSION: The proposed amendment and tree removals, as conditioned, are consistent with the 2002 General Plan and Zoning Ordinance. Staff recommends the Planning Commission approve the amendment to the building envelope on lot 14 of Tract 1382 and the proposed tree removals as conditioned. ALTERNATIVES: 1. The Commission may approve the map with modified project conditions. 2. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. 3. The Commission may deny the map if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. PREPARED BY: Callie Taylor, Assistant Planner ATTACHMENTS: Attachment 1 -- Location Map (General Plan & Zoning) Attachment 2 — 1990 approved building envelope location for Tract 1382 Attachment 3 — Arborist report Attachment 4 — Letters regarding alternative building site suitability: ■ R21- Architects ■ Mark Sullivan, General Contractor ■ Westland Engineering ■ Geo Solutions ■ Dan Stewart, Engineer for Tract 1382 Attachment 5 — Draft Resolution PC 2007-0042 ATTACHMENT 1: Location Map (General Plan / Zoning) 10900 Vista Road, Atascadero, CA 93422 Zone: Residential Suburban — Planned Development Overlay No. 2 Land Use Designation: Rural Estate ATTACHMENT 2: 1990 building envelope location approved with TTM 1982-0013 ATTACHMENT 3: Arborist Report A & T ARBOR=STS F P.O. BOX 1311 TEMPLETON, CA 93465 j—Vp644340131 7-11-06 JIJl 19 2006 Larry and Ann Mathews /cCoAf 10800 Vista Road Project ,VEJOPMENT The following tree protection plan is in regard to the new home and driveway located at the above named address. This area was previously burned during the Highway 41 fire about a dozen years ago. Many of the native shrubs have recovered and have sprouted out of the remaining trunks. There are many scrub oaks (Quercus dumosa Jeps.) and a few coast live oaks (Quercus agrijolia) on the property that are either impacted or have to be removed for the driveway and house pad. Some small scrub oaks were recently damaged during access for percolation testing. They are in the proposed driveway and will be removals. Several other trees exist within the house pad that will have to be removed. The largest tree on the site is tree #7, a 38 inch live oak located in the swale below the proposed driveway. The main concern is whether the fill will impact the tree. The branches are low to the ground and some pruning may be necessary prior to any grading. In addition, any fill must be limited to no more than 30% of the entire drip line of this tree. No fill can be placed against the trunk. On the grading plans, some brush clearing was called for north of the home. Keep in mind, tree #15 is adjacent to this area and that tree is to be saved. Monitoring will be necessary after initial grading is complete to inspect the fill impacts to tree #7 and to insure other saved trees were not damaged. With the exception of tree #7, the other trees are small multi stemmed and can be easily missed within the other dense brush. The total number of trees being proposed for removal is 8 with a total diameter of 40 inches. It is the responsibility of the owner to provide a copy of this tree protection plan to any and all contractors and subs that work within the drip line of any native tree. It is highly recommended that each contractor sign and acknowledge this tree protection plan. This project shall require an on-site pre -construction meeting with the city, owner, grading contractor and the arborist. Topics will include fencing, monitoring and requirements for a positive final occupancy letter. All trees potentially impacted by this project are numbered and identified on both the grading plan and the spreadsheet. Trees are numbered on the grading plans and in the field with an aluminum tag. Tree protection fencing is shown on the grading plan. In the field, trees to be saved have yellow tape and trees to be removed have red tape. Tree Rating System A rating system of 1-10 was used for visually establishing the overall condition of each tree on the spreadsheet. The rating system is defined as follows: Ratine Condition I Deceased 1 Evidence of massive past failures, extreme disease and is in severe decline. 2 May be saved with attention to class 4 pruning, insect/pest eradication and future monitoring. 3 Some past failures, some pests or structural defects that may be mitigated by class IV pruning. 4 May have had minor past failures, excessive deadwood or minor structural defects that can be mitigated with pruning. 5 Relatively healthy tree with little visual structural and or pest defects. 6 Healthy tree that probably can be left in its natural state. 7-9 Have had proper arboricultural pruning and attention or have no apparent structural defects. 10 Specimen tree with perfect shape, structure and foliage in a protected setting (i.e. park, arboretum). The following mitigation measures/methods must be fully understood and followed by anyone working within the drip line of any native tree. Any necessary clarification will be provided by us (the arborists) upon request. 1. Fencing: The proposed fencing shall be shown in orange ink on the grading plan. It must be a minimum of 4' high chain link, snow or safety fence staked at the edge of the drip line or line of encroachment for each tree or group of trees. The fence shall be up before any construction or earth moving begins. The owner shall be responsible for maintaining an erect fence throughout the construction period. The arborist(s), upon notification, will inspect the fence placement once it is erected. After this time, fencing shall not be moved without arborist inspection/approval. If the orange plastic fencing is used, a minimum of four zip ties shall be used on each stake to secure the fence. All efforts shall be made to maximize the distance from each saved tree. The fencing must be constructed prior to the city pre -construction meeting for inspection by the city and the arborists. 2. Soil Aeration Methods: Soils within the drip line that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include water jetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with a 24" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist(s) shall advise. 3. Chip Mulch: All areas within the drip line of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction. 4. Trenching Within Drip Line: All trenching for foundations within the drip line of native trees shall be hand dug. All major roots shall be avoided whenever possible. All exposed roots larger than 1 in diameter shall be clean cut with sharp pruning tools and not left ragged. A Mandatory meeting between the arborists and grading/trenching contractoi,,.) shall take place prior to work start. "Ins activity shall be monitored by the arborist(s) to insure proper root pruning is talking place. There is no trenching within the drip lines on the plans. Any changes will require arborist approval. 5. Grading Within The Drip Line: Grading should not encroach within the drip line unless authorized. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. -- 6. Exposed Roots: Any exposed roots shall be re-covered the same day they were exposed. If they cannot, they must be covered with burlap or another suitable material and wetted down 2x per day until re -buried. 7. Paving Within The Drip Line: Pervious surfacing is preferred within the drip line of any native tree. This includes coring vertical tubing approximately 4 feet on center within the drip line and backfilling with Mychorizza, slow release fertilizer and pea gravel. No drip line impacts are proposed for the driveway at this time. 8. Equipment Operation: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. Also there is to be no parking of equipment or personal vehicles in these areas. All areas behind fencing are off limits unless pre -approved by the arborist. 9. Existing Surfaces: The existing ground surface within the drip line of all native trees shall not be cut, filled, compacted or pared, unless shown on the grading plans and approved by the arborist. 10. Construction Materials And Waste: No liquid or solid construction waste shall be dumped on the ground within the drip line of any native tree. The drip line areas are not for storage of materials either. 11. Arborist Monitoring: An arborist shall be present for selected activities (trees identified on spreadsheet and items bulleted below). The monitoring does not necessarily have to be continuous but observational at times during these activities. It is the responsibility of the owner(s) or their designee to inform us prior to these events so we can make arrangements to be present. It is the responsibility of the owner to contract (prior to construction) a locally licensed and insured arborist that will document all monitoring activities. • pre -construction fence placement • any utility or drainage trenching within any drip line • post grading inspection 12. Pre -Construction Meeting: An on-site pre -construction meeting with the Arborist(s), Owner(s), Planning Staff, and the earth moving team shall be required for this project. Prior to final occupancy, a letter from the arborist(s) shall be required verifying the health/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall verify that the arborist(s) were on site for all grading and/or trenching ..divity that encroached into the drip line of the selected native trees, and that all work done in these areas was completed to the standards set forth above. 13. Pruning: Class 4 pruning includes -Crown reduction pruning shall consist of reduction of tops, sides or individual limbs. A trained arborist shall perform all pruning. No pruning shall take more than 25% of the live crown of any native tree. Any trees that may need pruning for road/home clearance shall be pruned prior to any grading activities to avoid any branch tearing. 14. Landscape: All landscape under the drip -line shall be drought tolerant or native varieties. Lawns shall be avoided. All irrigation trenching shall be routed around drip lines; otherwise above ground drip -irrigation shall he used. It is the owner's responsibility to notify the landscape contractor regarding this mitigation. 15, Utility Placement: All utilities and sewer/storm drains shall be placed down the roads/driveways and when possible outside of the drip lines. The arborist shall supervise trenching within the drip line. All trenches in these areas shall be exposed by air spade or hand dug with utilities routed under/over the roots. Roots greater than 2 inches in diameter shall not be cut. 16. Fertilization and Cultural Practices: As the project moves toward completion„ the arborist(s) may suggest either fertilization and/or mycorrhiza applications that will benefit tree health. 1vlycorrhiza offers several benefits to the host plant, including faster ,g=rowth, improved nutrition, greater drought resistance. and protection from pathogens. The included spreadsheet includes trees listed by number, species and multiple stems if applicable, diameter and breast height (45), condition (scale from poor to excellent), status (avoided, impacted, removed, exempt), percent of drip line impacted, mitigation required (fencing, root pruning, monitoring;), construction impact (trenching, grading), recommended pruning and individual tree notes. If all the above mitigation measures are followed, we feel there will be no additional long-term significant impacts to the remaining native trees. A & T Arborists strongly suggests that the responsible party (owner of their designee) make copies of this report. Any reproduction by A & T Arborists or changes to this original report will require an additional charge. Please let us know if we can be of any future assistance to you for this project. Steven G. Alvarez Certified Arborist #WC 4511 Chip Tamagni Certified Arborist ME 6436-A CDP Tm m U7 10 M N W d G a! W } C ut w D O w N w w ■i N LL. g � 7 g o 0 0 z Z WW o Z 0 z W 0 z W 0 z W z W 0 z �( `�] Ll! o z W a w z w a z ut z0 z W z ul z W z a 0 O? W 2 0 z Z 0$ z z Z 0 z Z 0 z Z z W z 0 z w Z w 2 O z O z W z O z w z O z w g Q z W 0 z W Z O z p 4 0 0 z 0 z 2 ,i W z� 0 a d 2 tc uj z 0 z w z 0 z W z 0 z W z 4 z W z 0 z W x 0 z w zz 0 z W z a F- U zw z W 0 z w 0 z w 0 Z V � o ! v r O r h T 41 rr a r Soo Nr r r a o o x U ~ W LU wp T e- r IA O r IPS W Y'1 h to tci m tq 'Y! Z O Y a � S � a �h�// N 9 W 9 �/�v a � xxv� M kn h bV .w V "W x i --I L �I u Q' LLI W p GO 0 0 tq 0b CQ w O 0 o J J 1010 to 0 b 0 J 0 J 0 0 00 .N w LLI r N RJ 4 h r T H r fq T a r T r P. Qf O N r LL) Y b ATTACHMENT 4: Letter regarding alternative building site suitability: R21- Architects ARCHITECTS RE A RICHMOND LUKE R February 13, 2007 Re: Proposed alternate site location for house on Lot 14, tract 1382, at 10900 Vista road, APN: 055-161030, Atascadero, California. Attn: Warren Frace, Community Development Director Cc: Steve McHarris, Callie Ford, harry Mathews, Ann Shapira -Mathews It has been brought to my attention that during the mapping stages of Tract 138.2, "feasible building sites" on the lots were identified. Per condition #3 of the tract map, "construction may be limited to these sites by the planning department when reviewing individual building permit applications." According to tentative tract map condition of approval #9, these feasible building sites must be in compliance with the following: a. Building sites shall generally be limited to areas of 20%6 grade or less, for conventional slab -on -grade construction. b. Building sites shall conforms to setback requirements of the zoning and building ordinances, including those required for private sewage disposal systems. c. Building sites shall contain sufficient area for private sewage disposal systems, including expansion area. d. Building sites shall be accessible by driveways with less than 20% grade. e. A minimum of one such building site in conformance with the above, as well as other conditions set forth in this approval shall be available on each proposed lot. If a site is not available, the lot design maybe required to be revised to provide one. f The following note shall appear on the Final Map: "A plan delineating a feasible building site for each lot is on file in the Planning Department. Construction may be limited to these sites by the Planning Department when reviewing individual building permit applications." The tract map provides an approved building envelope for Lot 14 on a 27% slope, in a circular area roughly 120 feet in diameter. Approximately 20% of this area encroaches onto the neighboring lot. Much of the remaining area is in close proximity or within setback lines. According to our consultant reports and recommendations, the entire property contains roughly the same soils and percolation rates. Given no preference in soils, the steep nature of the approved building envelope would make it a challenge to design an effective sewer system. The approved site appears to be in non-compliance with the conditions of approval for approved building sites. In contrast to the provided feasible site, our proposed site maintains and is in compliance with the cities conditions for a feasible site. We have provided consultant reports R E A. RICHMON D 6 L U K E R. ARCH l T E C T S. LLP 444 Hig uasn 51,eel, whe 201 San Wi, 176upa, LA 47491 1e1: HOS.S41.6294 Ina. 803.341 2739 www n23ar�hNecla. cE�rn ATTACHMENT 4: Letter regarding alternative building site suitability: R2L Architects FFI;tt . ARCH [TECTS R E A K I C F1 M 0 N D t 0 K r R and letters of evidence in support of our proposed site and its compliance with the conditions of the tract. Our proposed site is on the only portion of the lot with a slope of 20% or less. This allows for siab-on-grade construction and much smaller retaining structures for the house. The planning department has previously been in contact with the client regarding un - permitted road grading that has taken place on the site. This access road was cut by a consultant hired by the soils engineer without the architect or clients knowledge. The contractor has since responded to and complied with all requests for erosion control measures by the city and specifically the department of public works. The driveway for the proposed site would require more grading than the pre -approved building site, however the steepest part of the driveway would exist regardless since the pre -approved building site sits atop the steepest portion of the site to access. Based on the characteristics of the two sites, the findings of our consultants and the language of the tract map as it has been described to us by the original engineer of record, we believe the proposed site location for the construction of the new residence complies with previous tract conditions and is the optimal building location on the lot. We respectfully request that the planning department approve the proposed site location or please respond in writing by March 19, 2007 as to; a) Why the planning staff has refused to review alternative site locations for this lot, and b) Why a tract map amendment is being required for the proposed site. Roberf )N'chmond, AIA Princifal Architect, R2L Architects REA, RICHMOND & LU K E.. R. ARCHITECTS.LLP Add Higuera Stteel, suite 201 San I11i Obespo, CA 93AOI ia1. 805 541.6294 1- 805.Sd 1 2739 www r210tchltactsx.. ATTACHMENT 4: Letter regarding alternative building site suitability: Mark Sullivan, General Contractor A 0 J8= 2515 aui& swtit, ep- 93449 JrY~ 805-627-1457 - lax 80"27-1455 .Arguer dit 2, 2006 City of AtoLwadero Building & Planning Re: Mathews Residence 109UU Vista load Consideration of alternate building site. Dear City Officials, When considering the request for an alternal:e building site, please keep in mind the following: Disadvantages to site near the street: Due to the steepiiess of the lot t,.,a1 this location, drainage will be very difficult Septic tank location & percolation will be extremely difficult Extensive grading & very large, prominent retaining walls will be required Visual impact to neighbors, streetscape & possibly Highway 41 much more noticeable Advantages to alternate site: Less visual impact to neighbors & streetscape More natural fit for the lot, less grading for house pad, no large retaining wall Better location & percolation for septic Better drainage Thank- you for yow cooperation.. Marls Sullivan / General Contractor ATTACHMENT 4: Letter regarding alternative building site suitability: Westland Engineering WESTtAND ENGINEERING, INC. W VIL ENGINEERING 3480 Higuera Street, Suite 130 a San Luis Obispo, CA 93401 URVEYING Telephone: (805) 541-2394 a Fax: (805) 541-2439 NNING November 8, 2406 Jonathan Boriack R'L Architects 444 Higuera St., Suite 201 San Luis Obispo, CA 93401 li�`l Y V a�y.g_y Il l •i-�}:li! 1!'��].�illiT�lll;iai`:A'I�t i aT•9iT�►is3� Dear Mr. Boriack: I was asked to prepare a preliminary evaluation of a building site on Lot 14 of Panorama Oaks Estates It. It is my understanding that during the mapping stages of the Tract Map, that feasible building sites were identified. These sites were filed with the City Planning Department.. The intent was to identify areas which would conform to certain criteria, such as the following items • Building setbacks from property lines. Areas generally of 20% or less in grade. • Sites would also be able to have adequate area for septic systems including expansion areas. Driveway grades should also be less than 20%. • Efforts shall be made to minimize grading that would be disruptive to the natural topography. The items listed above are good general criteria to use in siting structures on sites. We tend to go a little further before we identify alternatives for clients. We like to have Soils Engineering and Geology input as well as determining, the better sites for the more critical portions of the work. An item I review is the suitability of the building pad. Space the most critical area on the site is the location of the building, we would like the pads to receive the most scrutiny. The location that was identified as a feasible site on the exhibit on file by the City for Lot 14 was given to us by your office. In our review of this site we have determined the following: • The site itself is steeper than 20%. • The site is very close to the property line (with some of it inside the setback lines). • The steep site is a challenge for establishing a sewer system on it. Other residential building sites on lot 14 were reviewed for feasibility of construction. We currently have been focusing on a different building site on the property, The location is much flatter and has been reviewed for both Soils and Geology considerations. Percolation tests have also been performed. The driveway will require more grading, but since I consider the building pad as more critical area, I am willing to consider additional grading to get to a superior site. ATTACHMENT 4: Letter regarding alternative building site suitability: Westland Engineering Since the staff report indicated that the sites listed were only feasible sites I believe that other locations for the residences can be reviewed. This new site appears to be better when using the criteria listed by the City as important and I would recommend it as superior site on Lot 14. �, QIAZAIAe6= Terence K. Orton PE 21,807 (Expires 9-30-07) No.21807 CAL ATTACHMENT 4: Letter regarding alternative building site suitability: Geo Solutions Geo501utiOff15, INC. 220 High Street, San Luis Obispo, CA 93401 (805)543-8539,543-2171 fax io£o®GeoSolutions.net Larry and Ana Mathews 5952 Bellingham Drive Castro Valley, California 95452 Subject: Proposed Alternate House Site Lot 14, Vista Road, APN: 055-161-030 Atascadero Area, San Luis Obispo County, California Dear Mr. and Mrs. Matthews: This letter has been prepared for the proposed alternate house site for a single-family residence with private wastewater disposal system to be located at Lot 14, Vista Road, APN: 055-161- 030, Atascadero area, San Luis Obispo County, California. The purpose of this letter is to confirm the alternate development area is suitable for development from a soils engineering stand point. The alternate development area will hereafter be referred to as the "Site." Lot 14 is irregular in shape and 9.21 acres iia size. The property is accessed from Vista Road, located in the northeasterly portion of the property. See Figure 1: Site location Map. January 3, 2007 Project No. SL02613-4 i�'l1 �f R Iriu SH' W KfS.. KGS own P� Figure 1: Site Location Map The proposed Site is situated on the south end of the property, on top of a knoll with an increasing down-slope from the proposed building area, descending towards the south and northeast. The gradient in the area of the proposed alternate building site is generally level with relatively steep slopes to the south and northeast. The previously identified building envelope is located adjacent to Vista Road alon.- the northern property boundary, See Figure 2: Site Plan. In the area of the proposed alternate Site, weathered bedrock of the Atascadero Formation was encountered approximately 3 to 4 feet below the existing grade in most areas. Given the less severe slopes tit the proposed alternate building Site the residence could be constructed by either placing continuous footings founded into uniform competent bedrock or by conventional grading operations that utilize key and bench construction when preparing the building pad. ATTACHMENT 4: Letter regarding alternative building site suitability: Geo Solutions January 3, 2007 PROPOSED `'I• ALTERNATIVE UIiDM AREA — r .x•ocwn ' nor000n,�,o..n M • M la wucatan Figur-e 2: Site Plan -- ••UM,•n.s„Nu wa•a�uc re. SL02613-4 PREVKMLY APPROVIW B1ItL IMFWVF.LOPE- PPROXIMATE FROM DRAWIN(; P VIDF.D BY ENGINEMUNG, co.) The geotechnical conditions at the previously identified building site are very similar to the alternate Site with weathered bedrock of the Atascadero Formation encountered approximately 3 to 4 feet below the existing grade in most areas. However, given the more severe slopes at the existing approved building envelope it is assumed the construction of building foundations would require a greater disturbance during grading operations. Geotechnically, either location is suitable for the proposed development. However, based on the amount of disturbance required to develop the approved site we recommend that the single- family residence be built on the proposed alternate Site. Thank you for consideration. If you have any questions or rtquire additional assistance, please feel free to contact the undersimotUINA) 543-8539. Sincerely, Sutions Inc. d� •MAW Patrick B. McNeill, P1; Principal Cc: Jonathan Boriack R2 fax: 544-6294 rest, Suite 201, San Luis Obispo, California 93401 S:1GeokchnieaASL02613-4 Lot 14, Vista Roed1SL02613-4 Proposal for Hoose Site fix.doc ATTACHMENT 4: Letter regarding required building envelope Dan Stewart, Engineer for Tract 1382 DANIEL J. STEWART & ASSOCIATES ENGINEERS & SURVEYORS POST OFFICE BOX 203B ♦ 597 TWELFTH STREET PASO ROBLES, CALIFORNIA 93447 (B05) 230-0700 ♦ FAX (B05) 239-0653 February 26. 2007 Department of Planning City of Atascadero City Hall Atascadero. CA 93422 Re: Tract 1382 — Panorama Oaks Estates II Selected / Feasible Building Sites Dear Staff, RECENE® FEB 2 8 2007 COMMUNITY DEVELOPMENT I hereby state that the note on the Final Map for this project that refers to the location of a building site for each Lot did not mean and does not mean that this is the one and only building site on the individual Lots. Other sites may also be available and meet all the City's criteria for development. I am familiar with the history and development of this project and site. Feel free to call if you have any questions. Thank you. Respectfully submitted, 0 Daniel J. Stew ,RCE 14994 Engineer for Tract 1382 ITEM NUMBER: 3 DATE: 5-15-07 ATTACHMENT 5: Draft Resolution PC 2007-0042 PLN 2006-1137 DRAFT RESOLUTION PC 2007-0042 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO TENTATIVE TRACT MAP 1982-0013, ESTABLISHING A NEW BUILDING ENVELOPE LOCATION (10900 Vista Road/ Mathews) WHEREAS, an application was received from Owner, Larry and Ann Mathews, 5952 Bellingham Dr. Castro Valley, CA 94552, to consider an Amendment to the building envelope for Tentative Tract Map 1982-0013 to establish a new building envelope location at APN 055- 161-030; and, WHEREAS, a proposed Mitigated Negative Declaration was prepared for the project in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the site's current General Plan Designation is Rural Estate (RE); and, WHEREAS, the site's current zoning district is RS-PD2 (Residential Suburban with a Planned Development #2 overlay); and, WHEREAS, a timely and properly noticed Public Hearing upon the subject amendment application was held by the Planning Commission of the City of Atascadero on May 15, 2007, at which both oral and documentary evidence was admitted on behalf of said project; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for certification of proposed Mitigated Negative Declaration 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. ITEM NUMBER: 3 DATE: 5-15-07 4. The project will not achieve short-term to the disadvantage of long-term environmental goals. 5. The project does not have impacts which are individually limited, but cumulatively considerable. 6. The project will not cause substantial adverse effects on human beings either directly or indirectly. SECTION 2. Findings for approval of amendment to the building envelope on Tentative Tract Map 1382 The Planning Commission finds as follows: 1. The proposed amendment, as conditioned, is consistent with the General Plan and applicable zoning requirements; and, 2. The site is physically suitable for the development proposed; and, 3. The design and improvement of the proposed building site will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat; and, 4. The amendment is consistent with the character of the immediate neighborhood; and, 5. The proposed amendment and type of improvements proposed will not cause serious public health problems. SECTION 3. Findings for approval of tree removal permit The Planning Commission finds as follows: The trees obstruct proposed improvements that could not be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: • Early consultation with the City; • Consideration of practical design alternatives; • Provision of cost comparisons (from applicant) for practical design alternatives; • If saving tree eliminates all reasonable uses of the property; or • If saving the tree requires the removal of more desirable trees; and, ITEM NUMBER: 3 DATE: 5-15-07 SECTION 4. Approval The Planning Commission of the City of Atascadero, in a regular session assembled on May 15, 2007 resolved to approve an amendment to the building envelope on lot 14 of Tract 1382 subject to the following: EXHIBIT A: Proposed Mitigated Negative Declaration 2007-0004 EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan EXHIBIT D: Grading Plans On motion by Commissioner and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ADOPTED: ABSTAINED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary ITEM NUMBER DATE: 5-15-07 EXHIBIT A: Proposed Mitigated Negative Declaration 2007-0004 PLN 2006-1137 See following ITEM NUMBER DATE: 5-15-07 EXHIBIT B: Conditions of Approval / Mitigation Monitoring PLN 2006-1137 Conditions of Approval Timing Responsibility/ Mitigation PLN 2006-1137 Monitoring Measure FM: Fnal Map PS: Planning Services 10900 Vista Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Planning Conditions 1. The approval of this application shall become final, subject to FM PS the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. The Community Development Department shall have the FM PS authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Tract Map. 3. The applicant shall defend, indemnify, and hold harmless the Ongoing CA City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the amendment. 4. The building envelope on lot 14 of Tract 1382 shall be GP/BP PS relocated to encompass all structures and grading as shown in Exhibits C and D. 5. All conditions of Tentative Tract Map 1982-0013 shall be GP/BP PS adhered to with the exception of the revised building envelope location on Lot 14. 6. The revised building envelope shall encompass all building GP/BP PS footprints and building pad grading as shown in Exhibits C and D. A copy of the approved building envelope shall be kept on file with Community Development Department with the previously approved Tract 1382 building site attachments. Mitigation Measures GP/BP PS 3.b.1 Mitigation Measure 3.b.1: The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the 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, ITEM NUMBER DATE: 5-15-07 Conditions of Approval PLN 2006-1137 10900 Vista Road Timing FM: Final Map BL: Business License GP: Grading Permit BP: Building Permit Fl: 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 including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). • Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast -germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be 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. ITEM NUMBER DATE: 5-15-07 Conditions of Approval Timing Responsibility/ Mitigation PLN 2006-1137 Monitoring Measure FM: Final Map PS: Planning Services 10900 Vista Road BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.e.1: All tree removals shall be mitigated BP/GP PS 4.e.1 according to the Atascadero Native Tree Ordinance through either replanting of similar species or payment into the tree mitigation fund. Mitigation Measure 4.e.2: The Grading Plan/Tree Protection Plan BP/GP PS 4.e.2 shall identify tree protection fencing around the drip line of each existing on-site tree and/or native shrub mass within 20 feet of construction activity unless monitored and approved by a certified arborist. Mitigation Measure 4.e.3: Excavation and grading work shall be BP/GP 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 6.b.1: All cut and fill slopes shall be hydro 6.b.1 seeded with an appropriate erosion control method (erosion control blanket, hydro -mulch, or straw mulch appropriately anchored) immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6.b.2: All disturbed slopes shall be planted with BP BS/PS 6.b.2 a mixture of drought tolerant native plants and hydro seeded with a native seed mix. Erosion control measures shall include an erosion control blanket for all 2:1 fill slopes. Affected areas that previously contained native shrubs and vegetation shall be replanted with similar plant species per the approved landscape plan. A landscape ITEM NUMBER DATE: 5-15-07 Conditions of Approval Timing Responsibility/ Mitigation PLN 2006-1137 Monitoring Measure FM: Final Map PS: Planning Services 10900 Vista Road BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy and irrigation plan shall be required with building permits. The plan shall show temporary irrigation drip system to water the new landscape for a minimum of 3 years. Mitigation Measure 6.c.d.1: A soils report shall be required to be BP BS/PS 6.c.d.1 submitted with a 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. The property contains no unusual geological formations. Mitigation Measure 11.d.1: All construction activities shall comply BP BS 11.d.1 with the City of Atascadero Noise Ordinance for hours of operation. Mitigation Measure 13.a.1: Fire sprinklers shall be included with the BP BS/PS 13.a.1 construction of the residence. ITEM NUMBER: 3 DATE: 5-15-07 EXHIBIT C: Site Plan .0 I11111'If S ■Flow /IIIiL Mill meee eee soon�r7f"1��o�lI11g11 = --- �..Isc aae i I a r�eO■ Ir�ue ur�r� n■tee eee�ei luu■ ree�ei re�e ` diUiilllilCi'� . on e-iF4e,lrruu■ ■■r.�� : veeruur 0' Ing I irimmmirl 01 eri►��%\, lee I ue� i lar ruu• ■, lir 100 this r iiiiii i:�l ;lm - :■■■rJ ITEM NUMBER DATE: 5-15-07 EXHIBIT D: Grading Plan ITEM NUMBER: 3 DATE: 5-15-07 EXHIBIT D: Grading Plan Detail ITEM NUMBER: 4 DATE: 5-15-07 Atascadero Planning Commission Staff Report - Community Development Department Specific Plan Amendment (SFR- 2) Halcon Road PLN -2099-0079, Amendment to ZCH 2003-0041 (Trimark) SUBJECT: The proposed Specific Plan Amendment consists of a request to add two additional SFR -2 house plans with six additional elevations, and clarification on appearance of exterior stucco finish applications. RECOMMENDATION: The Planning Commission: Adopt PC Resolution 2007-0005 to amend the Woodlands Specific Plan (SP -1 of Zone Change 2003-0041) to add two new SFR -2 single-family plans, and add a condition of approval to require a light sand finish to all future SFR -2 exterior stucco applications, based on findings and subject to conditions of approval. SITUATION AND FACTS: 1. Applicant / Representative: Trimark Pacific Homes, L.P. 3130 W. Main Street, Suite A-2, Visalia, CA 93291 2. Project Address: Halcon Road, Atascadero, CA 93422. APN(s): 045-311- 001, 045-401-015, 045-401-016, 045-411-001, 045- 412-001. 3. General Plan Designation: (SFR -X) Single -Family Residential -X 4. Zoning District: (SP -1) Specific Plan #1 5. Site Area: 220 acres (Originally the Woodlands project site) 6. Existing Use: Under development 7. Environmental Status: Statutorily Exempt DISCUSSION: Background On October 14, 2003, the City Council approved Specific Plan #1 for the Woodlands project. The Specific Plan outlines the process for development of a 272 -unit residential subdivision and associated improvements. The project site is currently under construction within the "Las Lomas" development. The project developer sold a portion of the project (SFR -2 zone) to Trimark Pacific Homes. The SFR -2 zone contained 3 home plans, each with 3 different design elevations for a total of 9 elevations. Trimark Pacific Homes is requesting a Specific Plan Amendment to add two, new home floor -plans, each with 3 different design elevations. In addition, existing homes have been finished with a rough stucco "knock- down" finish that is inconsistent with the approved smooth stucco finish identified on the building plans. The applicant and staff have agreed to have the Planning Commission consider a light sand stucco finish for all future applications. During February 6, 2007 Planning Commission's meeting this item was discussed and continued. The Commission's discussion regarding this item was as follows: 1. Identify all 3 -car garage elevations with improved architectural quality garage doors. The proposed units are inconsistent with and architecturally inferior to the original plans, especially the 3 -car garage elevations. The garage should not be the predominant focal point of the home. 2. Plan # 5's garage extends further than the front of the house, which is inconsistent with the design of the other approved homes. ANALYSIS Since the last meeting, the applicant has resubmitted a revised floor plan # 4 as shown in Exhibit A of the Draft Resolution. Staff has reviewed each of the new proposed elevations and is of the opinion that the additional plans and elevations are consistent with the original specific plan approval. Staff notes that the applicant had originally requested a 3 -car garage option (Plan 4); however, staff discouraged this option as the third garage door and additional driveway width is inconsistent with the original specific house plan designs and elevations. In order to maintain variation throughout the subdivision, a condition has been included requiring the applicant to use no more than 20 percent of any particular home plan or elevation, and that no two same elevations be placed side by side. In addition, an overall placement plan for each floor plan and elevation shall be approved by staff prior to implementation (Condition 1). Staff's response to the Commission's concern is as follows: 1. Identify all 3 -car garage elevations with improved architectural quality garage doors. The proposed units are inconsistent with and architecturally inferior to the original plans, especially the 3 -car garage elevations. The garage should not be the dominant focal point of the home. Staff added condition 4 to the resolution's conditions of approval to address this issue. The revised plan 4 has blended the three car garage option into the front elevation as to make it less noticeable. By this action and changing the quality of garage doors the architectural quality of the home has been improved. The revised plan 4 has offset the 3rd car garage to make it significantly less noticeable from the front elevation. 2. Plan # 5's garage extends further than the front of the house, which is inconsistent with the design of other approved homes. The applicant believes Plan # 5 meets the intent of the Specific Plan and is consistent with the existing and proposed architectural designs. No changes have been made. Front Elevations 4a, 4b, 4c Font Elevations 5a, 5b, 5c �d I PLAN 5 FRONT ELEVATION 'C' Lastly, staff has reviewed the proposed light sand stucco finish and which is consistent with the approved building plans. For clarification, a condition of approval has been included to identify light sand -finish as the approved stucco finish within the SFR -2 residential area (Condition 2). CONCLUSION: The proposed request is consistent with the adopted Specific Plan and provides additional variety and improved appearance throughout the development. Staff is recommending that the request be approved, as conditioned. ALTERNATIVES: 1. The Planning Commission may add conditions to the proposed request. 2. The Planning Commission may continue the hearing and refer the project back to staff for further analysis. Direction should be given to staff and the applicant on required additional information. 3. The Planning Commission may deny the request. PREPARED BY: Mathew Fawcett, Planning Technician Steve McHarris, Deputy Community Development Director ATTACHMENTS: Attachment 1: Location Map, General Plan, and Zoning Attachment 2: Approved Elevations Attachment 3: Draft PC Resolution 2007-0005 Attachment 1: Location Map, General Plan, and Zoning Legend City Limit Line City of Atascadero Zoning Categories Woodlands Speciflc Plan Zoning districts Zoning Boundary P - Public SFR -1 - Single Family Residential OS - Open Space (Small lot) Woodlands Specific CN - Commercial Neighborhood SFR -2 - Single family Residential Plan Boundary CP -K - Commercial Park (Standard Lot) SFR -3 - Single Family Residential RS - Residential Suburban (Estate Lot) FH - Flood Hazard Overlay MFR - Multi -Family Residential PD7 - Punned Development Overlay OS - Open Space RMF - Residential Multi -Family SCA - Service Commercial Attachment 2: Approved Rendered Architectural Elevations with Design Notations (Specific Plan Appendix C) 111: :, :tt, _ AN N If a Jr ;� ■• • lid ��II71\�•tttt�l `•` �. ,Note: There are 3 differentT LiYiifi `r� 't•; �-e-`sig elevations for the 3 apprXed house floor plans, as copceptually depicted in this S'�ecific Plan Exhibit. u Imo■. MMMM itiA Jr ;� ■• • lid ��II71\�•tttt�l `•` �. ,Note: There are 3 differentT LiYiifi `r� 't•; �-e-`sig elevations for the 3 apprXed house floor plans, as copceptually depicted in this S'�ecific Plan Exhibit. u Imo■. Attachment 3: Draft PC Resolution 2007-0005 DRAFT RESOLUTION 2007-0005 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING AMENDMENTS TO THE WOODLANDS SPECIFIC PLAN (SP -1) THEREBY ADDING TWO NEW HOME FLOOR PLANS AND CONDTIONING FUTURE STUCCO FINISHES WITHIN THE SFR -2 AREA (Woodlands Specific Plan, Halcon Road / Trimark) WHEREAS, an application has been received from Trimark Pacific Homes (3130 W. Main Street, Ste. A-2, Visalia, CA 93291) Applicant and Property Owner to consider a project consisting of a Master Plan for Development Amendment to Woodlands Specific Plan located at Halcon Road, Atascadero; and WHEREAS, the site's General Plan Designation is SFR -X (Single -Family Residential - X); and, WHEREAS, the site's Zoning District is SP -1 (Woodlands Specific Plan); and, WHEREAS, the amendment request is statutorily exempt from CEQA; and, WHEREAS, the proposed project amendment is consistent with previously certified Mitigated Negative Declaration 2003-0026, and 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 amendments to the Woodlands Specific Plan (SP -1) was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said amendment; and NOW, THEREFORE, the Planning Commission of the City of Atascadero, takes the following actions: SECTION 1. Findings for approval of Master Plan of Development Amendment. The Planning Commission finds as follows: 1. The amendment is in conformance with the Specific Plan's Goals, Policies, Standards and Intent. 2. The amendment is consistent with the Comprehensive Regulations presented in Section II of the Specific Plan. 3. The amendment is compatible with other phases of the specific planning area. 4. The amendment does not increase or change impacts described and discussed in the previously certified Mitigated Negative Declaration (MND 2003-0026). SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on May 15, 2007, resolved to approve the Specific Plan Amendment subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Proposed Elevations / Floor Plan 4 EXHIBIT C: Proposed Elevations / Floor Plan 5 EXHIBIT D: Plan 5 Illustrations EXHIBIT E: Composite Elevations On motion by Commissioner , and seconded by Commissioner foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary the Exhibit A: Conditions of Approval Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure The Woodlands Specific Plan GP: Grading Permit PS: Planning Services Amendment BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Improvement Plans PD: Police Department FM: Final Map CE: City Engineer TO: Temporary Occupancy WW: Wastewater FI: Final inspection CA: City Attorney F0: Final Occupancy AMWC: Water Comp. Planning Services 1. In order to maintain variation throughout the subdivision, BP PS a condition has been included requiring the applicant to use no more than 20 percent of any particular home plan or elevation, and that no two same elevations be placed side by side. In addition, an overall placement plan for each floor plan and elevation shall be approved by staff prior to implementation. 2. All new stucco applications shall have a light sand stucco BP PS finish, subject to staff approval. 3. All previously approved conditions of approval and mitigation BP PS measures remain applicable to the Woodlands Specific Plan Project. 4. All plans that include three car garages shall include a higher BP PS/BS architectural quality of design and material as shown specifically in exhibit E. Subject to staff approval. � Exhibit B: Proposed Elevations / Floor Plan 4 Old ------------ ---------- --- ------- 0 0 z Ic 0 0 ' 0 1 IUL Revised ------------ CI 0. 1K z • 0 'J 0 LLI Exhibit B: Proposed Elevations / Floor Plan 4 3 N� fir" i i -ems p 'u Iv�y*s \ � ■ r s � '� '%� � 77i77iiiiiii i� � � (r• u� ,��'i=�f �• ` 'n\ •fir 4�� 1-r��; , li•� ;saw' '•sLU i' i � ■ cc 0 POO ��+ A IF •nom "_tii / ��`-_..�_�..,.:1 I� !r ya ti / ;ate w + 1, Exhibit B: Proposed Elevations / Floor Plan 4 Exhibit B: Proposed Elevations / Floor Plan 4 VENOM REN■ MEMO Wa Nunnmass �;;s� — ?�� I_•':/ .:� 1:;� `ice -- •mss. I •�lC3r I z�== Ism � QE"sw`— I' . iaaaaaaa� �:� , z iaaaaa� 1 •,aaaaa� 1 v.. ' zr s 55 EXHIBIT Q Proposed Elevations / Floor Plan 5 SECOND FLOOR PLAN 1720 S.F. FIRST FLOOR PLAN 1647 S.F. 1720 S.F. TOT. 3367 S.F. TRIMARK PACIFIC DOMES wwi - LA TERRAZZA - ATASCADER09 CA - Plan 5 11 -` " EXHIBIT C: Proposed Elevations / Floor Plan 5 1111_ _I11� �11j �� 02.,#1 \IN%� 114 11._ 11 ��■ -----� U U NOR no ■■ - D ■■ ■■NONE� " p �IaIIIIaIa�IllLa� _ 1111,.. __ X111 � _ _ 1� IN ••� 1�1 „ N 1 l; I III III II ■® �l __: _ WIFEII�II�II�J�II .1 EXHIBIT C: Proposed Elevations / Floor Plan 5 EXHIBIT C: Proposed Elevations / Floor Plan 5 ��Wlw11 511 !11 PLAN 5 LEFT SIDE ELEVATION 'A' ,CALc+4-0- a LA TERAZZA 11TRACT # 2525-2 OENNISJ.FLYNN ARCHITTKCTS�INC. .r. j Trimark Pacific ` mmar,owno-..w DFA* 5 Egg _________________________ F7 I M�[B PLAN 5 REAR ELEVATION 'A' s...,...o LA TERAZZA / 1 TRACT 2 5 2 5 - 2 DENNIS J. FLYNN ARCHITECTS, INC.. wIr `Trimark Pacific )V EXHIBIT C: Proposed Elevations / Floor Plan 5 a Ef -------------------------------------- ------- ----- -- -------------- e � PLAN 5 SIDE ELEVATION 'A' .•.o• LA TERAZZA /1TRACT 2525-2 DENNIS). ilVNNARCHRTS.KINC. a. rinruk Pacific m.o...,...__... DFA EXHIBIT C: Proposed Elevations / Floor Plan 5 ------------------ PLAN PLAN 5 SIDE ELEVATION 'B' �CK6Vwtp i wlYxws wAve eeev Aooeo oe� You. Reaves LA TERAZZA 1; rimark Pacific TRACT a 2525-2 OENNIS J. FLYNN ARCHRECTS. INC. DV, PLAN 5 SIDE ELEVATION 'C' LA TERAZZA TRACT 2525-2 DENNIS). FLYNN ARCHITECTS. INC. � `Trimark Pacific m� -j �4 :�y_ .} ; T EXHIBIT E: Composite Elevations •ate i - Ak t ce ,u• ti. i 31, 3 y " I!'! r t 'i `- L- -.:- 4 ITEM NUMBER: 5 DATE: 5-11 _W Atascadero Planning Commission Staff Report - Community Development Department El Corte Planned Development #17: PLN 2099-0795 (Eddings) RECOMMENDATIONS: Staff Recommends Planning Commission: 1. Adopt Resolution PC 2007-0037 recommending the City Council certify Proposed Mitigated Negative Declaration 2006-0031; and, 2. Adopt Resolution PC 2007-0038 recommending the City Council introduce an ordinance for first reading by title only, to approve Zone Change 2006-0112 based on findings; and, 3. Adopt Resolution PC 2007-0039 recommending the City Council approve Conditional Use Permit 2006-0178 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Adopt Resolution PC 2007-0040 recommending the City Council approve Vesting Tentative Tract Map 2006-0082 based on findings and subject to Conditions of Approval and Mitigation Monitoring. ITEM NUMBER: 5 DATE: R_1 8;_n7 REPORT -IN -BRIEF: The proposed project consists of a Zone Map Amendment to establish a Planned Development Overlay Zone #17 on the subject site with a corresponding Master Plan of Development (CUP) and vesting Tentative Tract Map that would allow a 7 -unit residential Planned Development. The project site is currently developed with a single- family residence that is proposed to be demolished. DISCUSSION: Situation and Facts: 1. Owner/ Applicant: Royce Eddings, 10780 Vista Road Atascadero, CA 93422 2. Project Address: 8570 EI Corte (APN 030-421-005) (San Luis Obispo County). 3. General Plan Designation: SFR (Single -Family Residential) 4. Zoning District: RSF-X (Residential Single-family - X) 5. Site Area: 2.036 acres 6. Existing Use: Single -Family Residence 7. Environmental Status: Proposed Mitigated Negative Declaration 2006-0031 ITEM NUMBER: 5 DATE: 5-11 _W Background On December 19, 2006 the applicant presented this project to Planning Commission. The Planning Commission voted to recommend that the City Council deny the project on a 4-2 vote citing density and neighborhood compatibility concerns. Rather than move forward to City Council with a negative recommendation, the applicant has chosen to redesign the project to include less units and reduce impacts to the riparian area. The applicant is now proposing 7 units where 10 were originally proposed. The Planning Commission is being asked to make a recommendation to City Council based on the revised project as analyzed below. Surrounding Land Use and Setting: North: Residential Single -Family - X East. Residential Multi -Family - 10 South: Recreation (Golf Course) West: Residential Single -Family - X The project site is within the Residential Single -Family General Plan Land Use Designation and is zoned Residential Single -Family -X (0.5 acre minimum lot size), which allows for a maximum density of 4 units per acre with the establishment of a PD Overlay Zone. The surrounding neighborhood is developed with single-family developments. The adjacent development, Chalk Mountain Village, contains higher density small lot single-family homes and open space areas. ITEM NUMBER: 5 DATE: 5-11 _n7 ANALYSIS: The proposed site plan has been designed to meet the minimum requirements of the Atascadero Municipal Code and the appearance review requirements of the General Plan. 7 detached single-family residences are proposed for the site, ranging from 2681 to 2922 square -feet with attached two -car garages. The units along the riparian area have been designed to incorporate stem wall construction, minimizing impacts to the adjacent willows and identified wetland. 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, Circulation, and Parking The proposed project includes 7 detached single-family residences arranged around a common cul-de-sac that gains access from EI Corte Road. Each unit has a two -car garage and additional guest parking is provided within the driveway of each lot. There is existing riparian vegetation and an identified wetland area located along the La Linia frontage. The applicant's biologist has reviewed the proposed plans and has determined that there will be no significant impacts to the riparian and/or wetland vegetation with the mitigation measures as identified. The only potential impacts to the existing vegetation would occur from the installation of the pedestrian connection to La Linia Ave. Any removals will be mitigated at a ratio of 3:1 as recommended by the project biologist (Mitigation Measure 4.b.1). There is an existing mature cottonwood tree located along the La Linia frontage. The tree has been determined to be in declining health by the project arborist. This is a significant tree that contributes to the overall health of the riparian area. The applicant is proposing to keep this tree within the development and staff has conditioned that the measures recommended by the project arborist be implemented to ensure the continued health of the tree (Mitigation Measure4.b.2). Staff has conditioned that the project implement all measures as recommended by the project biologist and arborist. Public/Subdivision Improvements Frontage improvements will be constructed along the EI Corte and La Linia rights-of- way. Due to existing drainage improvements and the location of the existing drainage ITEM NUMBER: 5 DATE: 5-11 _n7 and wetland areas along the La Linia frontage, staff is recommending that the project construct modified frontage improvements as conditioned. The City Engineer is requesting that the applicant construct curb, gutter, and sidewalk along the EI Corte frontage and around the proposed cul-de-sac. A sidewalk will be provided linking the cul-de-sac to La Linia Road allowing for a pedestrian link between EI Corte and La Linia while avoiding unnecessary impacts to the existing riparian vegetation that would be caused by the construction of a sidewalk along La Linia Road. The project has been conditioned to provide these improvements as proposed. Architecture, Materials, and Color According to the applicant, the proposed units are designed with Tuscan -Mediterranean elements including stucco siding, round entry features, shuttered windows, and tile roofs. The architecture is consistent with the originally proposed architectural style reviewed during the December Planning Commission hearing. Landscape Design The preliminary Landscape Plan has been designed to complete the EI Corte Street frontage and mitigate impacts to the existing riparian area. Proposed landscaping includes drought tolerant shrubs and accent plants. Street trees will be provided along all street frontages. Project fencing includes a combination of solid and transparent fencing designs. Native Tree Mitiaation/Preservation The applicant is proposing to remove 1 native oak tree measuring 10" dbh for construction of the proposed units. The applicant has redesigned the project to maintain the existing willow mass along the drainage. A few willows may require removal for construction of the pedestrian pathway from La Linia to EI Corte. Although willows are not under the purview of the Atascadero Native Tree Ordinance, staff has conditioned that, should this be necessary, the willows be replaced at a ratio of 3:1. The project site has also been redesigned with less impact on the existing cottonwood tree. The applicant is conditioned to implement all measures recommended by the arborist to ensure survival of the riparian tree. Site Drainage Historically, the site drains toward the La Linia Road frontage where the riparian and wetland vegetation currently exists. The project is designed to direct site -generated flows to the cul-de-sac and out to the EI Corte right-of-way and to the existing drainage along La Linia. Historic flows from the neighboring parcels located up -hill from the ITEM NUMBER: 5 DATE: 5-11 _n7 proposed development will be captured in a basin at the north-west corner of the project site and conveyed by an open dry creek Swale to the existing drainage Swale. Wastewater Sanitary sewer will be connected to existing sewer facilities in EI Corte Road. 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 CUP 18 and 19/ TTM 8 and 9). 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. The project is conditioned to comply with this policy and has the option of either deed restricting one unit at the moderate rate or paying in -lieu fees (Condition CUP 13, 14/TTM 11, 12). 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. 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 ITEM NUMBER: 5 DATE: 5-11 _n7 Tentative Tract Map A seven -lot Tentative Tract Map (TTM 2006-0082) is proposed as part of the project consistent with the proposed Master Plan of Development and proposed PD -17 Overlay Zone. The Tract Map has been conditioned by staff and the City Engineer to meet all City standards including on- and off-site street improvements. The applicant will be required to record CC&R's with the map that will include maintenance and access of common areas (Condition CUP 20/TTM 10). 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." In staff's opinion the proposed project is consistent with the above identified goals and policies of the Land Use Element and the Housing Element. The project will provide seven single-family residential units within the single-family residential zone. As conditioned, the project meets the minimum requirements of the Zoning Ordinance and General Plan. Findings Planned Development Overlay 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. ITEM NUMBER: 5 DATE: 5-11 _W 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 and 1.1.7. 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. 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. ITEM NUMBER: 5 DATE: 5-11 _n7 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 revised Draft Mitigated Negative Declaration was circulated to public agencies and interested members of the public on May 9, 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, the proposed development meets the minimum requirements of the General Plan and all applicable provisions of the Zoning Ordinance. Mitigation measures have been incorporated into the project related to impacts to existing native and riparian vegetation. As analyzed within the project revised 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 person's 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. ALTERNATIVES 1. The Commission may recommend modifications to the project and/or conditions of approval for the project to the City Council. ITEM NUMBER: 5 DATE: 5-11 _n7 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 2007-0037 Attachment 4: Draft Resolution 2007-0038 Attachment 5: Draft Resolution 2007-0039 Attachment 6: Draft Resolution 2007-0040 Attachment 1: Location Map, General Plan and Zoning y X'\ 8570 El Corte I 11 ITEM NUMBER: 5 DATE: R_1 8;_n7 Existing: General Plan Designation — Single -Family Residential — X Zoning District — Residential Single -Family — X Proposed: General Plan Designation — Single -Family Residential — X Zoning District — Residential Single -Family — X / PD -17 ITEM NUMBER DATE: 5-15-07 Attachment 2: Proposed Mitigated Negative Declaration and Initial Study See Following ITEM NUMBER: 5 DATE: 5-11 _n7 ATTACHMENT 3: Draft Resolution PC 2007-0037 Approval of Draft Mitigated Negative Declaration DRAFT RESOLUTION PC 2007-0037 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL CERTIFY PROPOSED MITIGATED NEGATIVE DECLARATION 2006-0031 PREPARED FOR PLN 2099-0795 ON APN 030-421-005 (8570 El Corte Road /Eddings) WHEREAS, an application has been received from Royce Eddings (10780 Vista Rd, Atascadero, CA 93422) Applicant and Property Owner, to consider a project consisting of a Zone Change from RSF-X (Residential Single -family -X) to RSF-X/PD 17 (Residential Single - Family -X with a Planned Development Overlay 17) with corresponding Master Plan of Development and Vesting Tentative Tract Map located at 8570 El Corte Road, (APN 030-421- 005); and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2006-0031 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 May 15, 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 2006-0031 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, ITEM NUMBER: 5 DATE: R_1 8;_n7 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 ITEM NUMBER DATE: 5-15-07 Exhibit A Proposed Mitigated Negative Declaration 2006-0031 See Following ITEM NUMBER: 5 DATE: 5-11 _n7 ATTACHMENT 4: Draft Resolution PC 2007-0038 Approval of Proposed Zoning Map Change DRAFT RESOLUTION PC 2007-0038 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2006-0112, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 030-421-005 FROM RSF-X (RESIDENTIAL SINGLE-FAMILY — X) TO RSF-X /PD -17 (RESIDENTIAL SINGLE-FAMILY — X/ PLANNED DEVELOPMENT OVERLAY #17) (8570 El Corte Road/ Eddings) WHEREAS, an application has been received from Royce Eddings (10780 Vista Rd, Atascadero, CA 93422) Applicant and Property Owner, to consider a project consisting of a Zone Change from RSF-X (Residential Single -family -X) to RSF-X/PD 17 (Residential Single - Family -X with a Planned Development Overlay 17) with corresponding Master Plan of Development and Vesting Tentative Tract Map located at 8570 El Corte Road, (APN 030-421- 005); and, WHEREAS, the site's General Plan Designation is SFR -X (Single -Family Residential - X); and, WHEREAS, the site's current zoning district is RSF-X (Residential Single -family -X); and, WHEREAS, the Atascadero Municipal Code allows for a Planned Development to be established in the RSF-X zoning district allowing a maximum of 4 dwelling units per acre; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0031 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, ITEM NUMBER: 5 DATE: 5-15-n7 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 May 15, 2007 studied and considered Zone Change 2006-0112, 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 RSF-X/ PD -17. 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. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on May 15, 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: 1. Exhibit A: Location Map/Zone Map Amendment Diagram ITEM NUMBER: 5 DATE: 5-15-07 BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER DATE: 5-15-07 Exhibit A: Location Map/Zone Map Amendment Diagram Existing: General Plan Designation — Single -Family Residential — X Zoning District — Residential Single -Family — X Proposed: General Plan Designation — Single -Family Residential — X Zoning District — Residential Single -Family — X / PD -17 ATTACHMENT 5: Draft Resolution PC 2007-0039 Approval of Proposed Master Plan of Development (CUP) DRAFT RESOLUTION PC 2007-0039 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2006-0178 (MASTER PLAN OF DEVELOPEMNT) ON APN 030-421-005 (EI Corte/Eddings) WHEREAS, an application has been received from Royce Eddings (10780 Vista Rd, Atascadero, CA 93422) Applicant and Property Owner, to consider a project consisting of a Zone Change from RSF-X (Residential Single -family -X) to RSF-X/PD17 (Residential Single - Family -X with a Planned Development Overlay 17) with corresponding Master Plan of Development and Vesting Tentative Tract Map located at 8570 El Corte Road, (APN 030-421- 005); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from RSF-X (Residential Single -Family -X) to RSF-X with PD17 (Residential Single -Family -X with a Planned Development Overlay 17); and, WHEREAS, the Planned Development #17 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 2006-0031 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 May 15, 2007, studied and considered the Conditional Use Permit 2006- 0178 (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 -17 Overlay Zone with the exception of specific concessions made in accordance with the State Density bonus program; 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 May 15, 2007 resolved to recommend that the City Council approve Conditional Use Permit 2006-0178 (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: Grading Plan EXHIBIT D: Lot 1 — Floor Plan EXHIBIT E: Lot 1 — Elevations EXHIBIT F: Lot 2 — Floor Plan EXHIBIT G: Lot 2 - Elevations EXHIBIT H: Lot 3 — Floor Plan EXHIBIT I: Lot 3 - Elevations EXHIBIT J: Lot 4 — Floor Plan EXHIBIT K: Lot 4 - Elevations EXHIBIT L: Lot 5 — Floor Plan EXHIBIT M: Lot 5 - Elevations EXHIBIT N: Lot 6 — Floor Plan EXHIBIT O: Lot 6 - Elevations EXHIBIT P: Lot 7 — Floor Plan EXHIBIT Q: Lot 7 - Elevations EXHIBIT R: Tree Protection Plan EXHIBIT S: Utility Plan EXHIBIT T: Landscape 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 Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program Planned Development -17 /PLN 2099-0795 Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 8570 EI Corte Road BL: Business License PS: Planning Services GP: Grading Permit BS: Building PLN 2099-0795 BP: Building Permit Services FD: Fire Department FI: Final PD: Police Department InspectionCE: TO: Temporary City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy Planning Services 1. The approval of this zone change and use permit shall become final and effective FM PS following City Council approval. 2. The approval of this use permit shall become final and effective for the purposes of FM PS issuing building permits thirty (30) days following the City Council approval of ZCH 2006-0112 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. 3. 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. 4. Approval of this Conditional Use Permit shall be valid for twelve (12) months after its BP/FM PS effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 5. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its Ongoin PS agents, officers, and employees against any claim or action brought to challenge an g approval by the city, or any of its entities, concerning the subdivision. 6. All subsequent Tentative Map and construction permits shall be consistent with the BP/FM PS, CE Master Plan of Development contained herein. 7. All exterior elevations, finish materials and colors shall be consistent with the Master BP PS Plan of Development as shown in EXHIBIT D through Q 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. ■ Exterior stucco shall be smooth finish or similar. No knock -down finishes will be permitted. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 8570 EI Corte Road BL: Business License PS: Planning Services GP: Grading Permit BS: Building PLN 2099-0795 BP: Building Permit Services FD: Fire Department Fl: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy 8. All site development shall comply with the standards of the Planned Development 17 BP PS, BS Overlay District. ■ 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, C and T. CE 9. All project fencing shall be installed consistent with EXHIBIT B and T subject to the GP/BP PS following modifications: ■ Fencing material and treatment shall comply with the PID 17 standards. ■ Final fence location shall be subject to staff approval. ■ Fencing shall be setback a minimum of 5 -feet from the pedestrian pathway. ■ 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. Final selection of colors and materials shall be subject to staff approval. GP/BP PS 11. A final landscape and irrigation plan shall be approved prior to the issuance of building permits and included as part of site improvement plan consistent with EXHIBIT T, 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 and open space trees shall be minimum 15 -gallon size and double staked. ■ Front yard areas shall be landscaped with drought tolerant species, subject to staff approval. 12. The developer and/or subsequent owner shall assume responsibility for the continued maintenance of all landscape and common areas, consistent with EXHIBIT B and T. 13. Affordable Housing Requirement: The applicant shall deed restrict one unit at the GP/BP PS, CA moderate income rate or shall pay in -lieu fees for each unit based on 5% of the Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 8570 EI Corte Road BL: Business License PS: Planning Services GP: Grading Permit BS: Building PLN 2099-0795 BP: Building Permit Services FD: Fire Department Fl: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy construction valuation of each unit. 14. Workforce Housing: Prior to recordation of final map, the applicant shall enter into a BP PS, CA 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. 15. 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 and the existing riparian vegetation. 16. The applicant shall contract with an arborist to monitor the construction of the retaining wall adjacent to the riparian cottonwood tree. A mitigation deposit will be required for the cottonwood tree to be in effect a minimum of 2 years after the date of construction. 17. An address marker to include address for all units shall be located at the public street GP/BP PS access point. The address marker shall be compatible with the project architecture. 18. 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 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. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 8570 EI Corte Road BL: Business License PS: Planning Services GP: Grading Permit BS: Building PLN 2099-0795 BP: Building Permit Services FD: Fire Department Fl: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy ■ 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. 19. 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 20. Prior to final map, the applicant shall submit CC&Rs for review and approval by the BP PS, BS Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping in perpetuity. b) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. c) Residents shall keep all trash receptacles within the unit's designated trash storage area. d) Garages shall be maintained and used for vehicle parking. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 8570 EI Corte Road BL: Business License PS: Planning Services GP: Grading Permit BS: Building PLN 2099-0795 BP: Building Permit Services FD: Fire Department Fl: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy 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. 21. Approval of this permit shall include the removal of 1 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 the two valley oak trees located adjacent to the pedestrian pathway linking La Linia Ave to EI Corte. 22. The applicant must provide for the repair and maintenance of on-site shared FM CE improvements. This includes roads, sidewalks, street trees, streetlights, private sewer system, drainage facilities, recreation areas and common landscaping. 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) Assessment District and Landscape and Lighting District. Funds for the maintenance, repair and replacement of the facilities would be collected on the property tax bill and distributed to the City. The City Engineer and City Attorney shall approve the final form prior to recordation. City Engineer Project Conditions 24. The public walkway between Bella Casa Court and La Linia Road shall be contained FM CE within a public access easement. 25. Bella Casa Court shall be located within a public access easement. FM CE City Engineer Standard Conditions 26. 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. 27. An engineer's estimate of probable cost shall be submitted for review and approval GP, BP CE by the City Engineer to determine the amount of the bond. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 8570 EI Corte Road BL: Business License PS: Planning Services GP: Grading Permit BS: Building PLN 2099-0795 BP: Building Permit Services FD: Fire Department Fl: Final Inspection PD: Police Department TO: Temporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy 28. The Subdivision Improvement Agreement shall record concurrently with the Final FM CE Map. 29. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to the GP, BP CE property frontage. 30. 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. 31. Slope easements shall be obtained by the applicant as needed to accommodate cut GP, BP CE or fill slopes. 32. Drainage easements shall be obtained by the applicant as needed to accommodate GP, BP CE both public and private drainage facilities. 33. A preliminary subdivision guarantee shall be submitted for review in conjunction with FM CE the processing of the tract map. 34. The final map shall be signed by the City Engineer prior to the map being placed on FM CE the agenda for City Council acceptance. 35. Prior to recording the tract map, the applicant shall pay all outstanding plan FM CE check/inspection fees. 36. Prior to recording the map, the applicant shall bond for or complete all improvements FM CE required by these conditions of approval. 37. Prior to recording the tract map, the applicant shall bond for or set monuments at all FM CE new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 38. Prior to recording the tract map, the applicant shall submit a map drawn in substantial FM CE 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. 39. All existing and proposed utility, pipeline, open space, or other easements are to be FM CE 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. 40. 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, Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 8570 EI Corte Road BL: Business License PS: Planning Services GP: Grading Permit BS: Building PLN 2099-0795 BP: Building Permit Services FD: Fire Department Fl: Final Inspection PD: Police Department TO: Temporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy 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. 41. 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. 42. Submit calculations to support the design of any structures or pipes. Closed conduits GP, BP CE 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. 43. 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. 44. Drainage basins shall be designed to desilt, detain and meter storm flows as well as GP, BP CE release them to natural runoff locations. 45. Show the method of dispersal at all pipe outlets. Include specifications for size & type GP, BP CE of rip rap. 46. Concentrated drainage from off-site areas shall be conveyed across the project site GP, BP CE 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 Prevention GP, BP CE Plan (SWPPP). 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. The on-site streets shall be improved consistent with the Tentative Tract Map. GP, BP CE 50. Off-site streets shall be improved consistent with the Tentative Tract Map. GP, BP CE 51. Alignment of frontage improvements shall be approved by the City Engineer. GP, BP CE 52. A mechanism to provide for the funding of maintenance for lighting, street GP, BP CE improvements, special paving surfaces, sewer, storm drain, common area landscape, open space, and hardscape shall be provided. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 8570 EI Corte Road BL: Business License PS: Planning Services GP: Grading Permit BS: Building PLN 2099-0795 BP: Building Permit Services FD: Fire Department Fl: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy 53. All utilities shall be undergrounded on project frontage GP, BP CE 54. A mechanism must be provided to fund the maintenance of all sewer mains GP, BP CE throughout the project area. The developer shall establish a benefit maintenance assessment district, or similar funding mechanism, approved by the City, to provide sufficient funds, on an annual basis, to pay for the maintenance activities on the sewer mainline and related facilities within the project area. 55. All onsite sewer mains shall be privately owned and maintained. FM CE 56. Prior to recording the final map, provisions for the repair and maintenance of the FM CE 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. 57. Applicant shall pay sewer extension (Annexation), Connection and Reimbursement BP CE fees (if applicable) upon issuance of building permit. 58. Gravity mains within the subdivision shall be eight (8) inches in diameter. BP CE 59. 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. 60. All sanitary sewer (SS) mains shall terminate in manholes unless extension of the BP CE main, at some later date, is anticipated. If extension of a SS main is anticipated, said SS main may terminate in a cleanout providing the next downstream manhole is less than 300 linear feet from the cleanout and that the point of termination is not a reasonable location for a SS main angle point or intersection. Atascadero Mutual Water Company 61. Before the issuance of building permits, the applicant shall submit plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross-connection devices shall conform to AWWA and California Department of Health Services standards. 62. Before issuance of building permits, the applicant shall obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 8570 EI Corte Road BL: Business License PS: Planning Services GP: Grading Permit BS: Building PLN 2099-0795 BP: Building Permit Services FD: Fire Department Fl: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy Mitigation Measure 1.c.1: All retaining walls shall be constructed of dark color split face BP PS 1.c.1 block or of similar color and texture to blend into the surrounding natural environment. Mitigation Measure 1.c.2: each unit shall be painted with darker earth toned colors. All BP PS 1.c.2 materials shall be high quality and designed to blend with the surrounding environment. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP BS 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM -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 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; Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 8570 EI Corte Road BL: Business License PS: Planning Services GP: Grading Permit BS: Building PLN 2099-0795 BP: Building Permit Services FD: Fire Department Fl: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy (D) Storage piles must be kept adequately wetted, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile; (E) Equipment must be washed down before moving from the property onto a paved public road; and (F) Visible track -out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four 24 hours. Mitigation Measure 3.b.2: Naturally Occurring Asbestos (NOA) has been identified by BP PS 3.b.2 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.b.1: Replace willow tree removals at a ratio of 3:1 for any willow BP PS 4.b.1 removals necessary to construct the pedestrian connection to La Linia Ave. Willow stakes shall be spaced approximately 4 -feet apart according to ACOE recommendations. Stakes shall be placed deep enough to reach water during summer months with 50% - 80% of the stakes below ground. Willow stakes should be collected from existing native willow trees in the vicinity of the project area (preferably the ones being removed). Mitigation Measure 4.15.2: prior to issuance of building permits, the Cottonwood tree GP PS 4.e.4 shall be treated to eliminate existing mistletoe plants. Mitigation Measure 4.e.1: The Grading Plan shall identify tree protection fencing GP/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 / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 8570 EI Corte Road BL: Business License PS: Planning Services GP: Grading Permit BS: Building PLN 2099-0795 BP: Building Permit Services FD: Fire Department Fl: Final PD: Police Department Inspection TO: Temporary CE: City Engineer Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy Mitigation Measure 4.e.2: Grading and excavation and grading work shall be GP PS 4.e.2 consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within the area of work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 8570 EI Corte Road BL: Business License PS: Planning Services GP: Grading Permit BS: Building PLN 2099-0795 BP: Building Permit Services FD: Fire Department Fl: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy Mitigation Measure 4.e.3: The developer shall contract with a certified arborist during GP PS 4.e.3 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. Mitigation Measure 6.b: The grading permit application plans shall include erosion GP CE 6.b control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. Mitigation Measure 6.c.d: A soils report shall be required to be submitted with a future GP BS 6.c.d 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. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 8570 EI Corte Road BL: Business License PS: Planning Services GP: Grading Permit BS: Building PLN 2099-0795 BP: Building Permit Services FD: Fire Department Fl: Final PD: Police Department Inspection TO: Temporary CE: City Engineer Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention Plan (SWPPP)/Erosion BP CE 8.e.f 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 BS,PS,CE 8.ef.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 Ongoing BS/PS 11.d Atascadero Noise Ordinance for hours of operation. Mitigation Measure 15.a.b.1: Frontage improvements shall be required along EI Corte BP CE 15.a.b.1 Rd and La Linia Ave. Additional improvements may be required, subject to the approval of the City Engineer. EXHIBIT B: Master Plan of Development/Site Plan gg 111 V / J ib �► d t � - :i t, 11 q� � � i/g, �l �/. ` = s� $p �a € asE$ ssssiss a awss�� ( l .• `•••" � ` 4 � �'K:IS �� ::ne » 'orwYosYaY os�mnsYtY •arw >Iteoa v �' l � I' ' - - - � i� ICY d130Y]6Y3Y City _ —' I y,•��'1�i5 1i133N1'JN3 11Ma No _u�nntsnaO 30Aoa - rSV$1'3 �m jN3e tl31B0 '4'"�MU31800'f 0103- e � if71 Of Sir OR t 1 150 11 ) � � 1 , h4"'•� _.�.�k-amu: • ^l. NY!d 31K 03SOdOtld gg 111 V / J ib �► d t � - :i t, 11 q� � � i/g, �l �/. ` = s� $p �a € asE$ ssssiss a awss�� ( l .• `•••" � ` 4 � �'K:IS �� ::ne » 'orwYosYaY os�mnsYtY •arw >Iteoa v �' l � I' ' - - - � i� ICY d130Y]6Y3Y City _ —' I y,•��'1�i5 1i133N1'JN3 11Ma No _u�nntsnaO 30Aoa - rSV$1'3 �m jN3e tl31B0 '4'"�MU31800'f 0103- e � if71 Of Sir OR t 1 150 11 ) EXHIBIT C: Grading Plan 7 72 �"�"� I4!.Y '0�..'► i n�i .� .70Y'Oof:YIY 0116 1OJJ11 O.pv7iYt i0p-lig-ol0 ow NOImmsNOO 33AOS - MSY7 Y1138 WW 3OW MIO i ONW39 '315 01K(k nRd 1 F 0 !■■ 11 ! O121N33N1M -11AIO ;71213 � f Q it I It D° .°egg p5€ j "F ft, 58$ 18$€tl� I_ 9 g g all k gg 00 '7-7 R. 1.11 1 e n ! 6 dr t EXHIBIT D: Lot 1 - Floor Plan � row L EXHIBIT E: Lot 1 - Elevations ...: .......... ........ ....::::::........ I ( ... ..... :................. — . a............ :::::::::::.• :;�.I ......... .......... :::........ . lie :::........., ..�� ............ :::::::::..IN ::: :::::::::: .....: :. :::::u:::. a......::i .... I__I EXHIBIT F: Lot 2 - Floor Plan I1�11 j 0 �\Iftlll��•� _° { C O I � 1111111111111 �� , • t�.�. Illllfilllllll �:�� I NMII EXHIBIT G: Lot 2 - elevations mom..........1 I ,•:1 -I .........:........... ................... ..:...::............ ::..:.:: ..::: (:3333333:: ::..... EXHIBIT H: Lot 3 - Floor Plan R ".11 m t� 1 lip i! !' i{� fad 139113 111189 841 :6 �i!° �Pt°� i�i sfi °:!.�!, i! �{`�d�yi ft �°�i��{4� n{`•, 1; !! !t! �i�{°y ►{j!• �iI� i�! °,� �i•{!{ t°(E!:j I{ h�d p ,i� E �° � !!i li`t �I! lit'l y!• ilti i!{.!1� 'i! ,y t! { iIll �° i�! !•!�! • �iti !�'�iylfi{ • a l{ 7��dy i! Phil' t'ti °j�tippE{ i !ill f id ` 1111 !!!1°ii' I 1 still �. ... _.. ... .. � iii ._ .. OF I1: « WKSI « cc t i 3 t i ........... ............. . --• ........... =.. EXHIBIT I: Lot 3 - Elevations - u .........:1 l`YYI :1 •.::;;:.; •elf .......... '•l��«�� • ii';iiii1 • __ x'111 [. .<......Y.t ... '... .oum . :::N:; .... .. ....[a.aal . I ------.1 ..::::::::::::1 .,•.... i lk.•:::: , -I I ....:...., 1...........1 ... ........ ...::.. a k..:....... EXHIBIT J: Lot 4 - Floor Plan ■iii!• ^ ii EXHIBIT K: Lot 4 - Elevations 4101 a Ueld 10@!OJd EWO ellas @L41 ell ImT EXHIBIT L: Lot 5 - Floor Plan I� � �Iltlltl�� I Cr� . �■IYI illlitt11171t It�:� I Illlltilttlli' � � I E 41 EXHIBIT M: Lot 5 - Elevations ...... :, �...:: 5'.. .......... �i :::::....: ............. EXHIBIT N: Lot 6 - Floor Plan I- j' �'i 1 ¢ 81010 Ueld ht. I�r Art ii .� I c i e' p �} t 1• , MrOld 8910 8I188 1 k kit ,, 1 r I i '� 111 I` ik •tljIlirltri lta:: t�!I I�I�1jiiI! I lIeIe•{•ii�'I+ii•I:ri;Il 1'a iI �i�:(ll ' r ' : '• I k I q i� fpt,��r1;re E'l.�i. 1I(;I D t1!!Fi• I.tIr tiPr liIF Ir'Il •it, �l[ii t(• i'i!1if l� ski rIj eti r`'it1� l�ii'�,,i �i• � ;fk! 1lii Dl I ; t dull;17 E=u�IIll�l�l� 1f1! i'111yyki1i, 1�ilk l''j kt {i i i; !I iki 1rIk1, i�t gIlll�iig,liil'lili� i lil(iliiEi�il�s�l:4k�if�i�i!!':i1i#li��Qa?��Et 1 kl 1 l o 1 Illi i! .Ar AA!r r< rr 11 oil -------------" - �4 I i r — -----------..... .. .. — ` i (-_ - 'XHIBIT 0: Lot 6 - Elevations 9 W10 Uuld loafad eseo elleg e4.L EXHIBIT P: Lot 7 - Floor Plan ►1 ►�1 1 _r•= lii N EXHIBIT Q: Lot 7 - Elevations EXHIBIT R: Tree Protection Plan . _• bVW X19 _— o,oana.uo�.�x a »'o �, «. � c (,', Vii. � MB1, , ; �sn-�� a NV1d NOU*UOUd W LL a �y I � 11............ ft jll►Illllj,j „� 1 � li 14 i�,1111111{lll ai l�14 � � ' I M , t ............ as ts� 1 EXHIBITS: Utility Plan o&-vrwrir Jo .cup F ! � O<<a W7o.J5.1. 'O.W J1tloJ n 'Js3loo *r IM3 NOIL�IIy1SN07 3awl - t5Yo Ynu aneoo r o�aa NYU unw 3asolow" t �oftfIx b 77i�17�11i111i1![l�loil E�tlfl! `�, �;r� �■ ��Ybp �@ [ I S T 66 � a• � EXHIBIT T: Landscape Plan Co��,7� 8 f`t 1f ` , ►g 6 '.! a�3i �' 1 ! ge?ii t _° r li 1�ik p Q � •r. F � M � t4. •$k�=Rt9,ls-SS.l;t. �►►iiis��silas_�_yisas_ss>>ti_s>> tv„SI'�. � 1 f t��tJ � s►a�lJ�ri �r�r# �� I1Ei3111!!it:4S;IE1YQ1Iff11it I o ATTACHMENT 6: Draft Resolution PC 2007-0040 Approval of Proposed Vesting Tentative Tract Map DRAFT RESOLUTION PC 2007-0040 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE TRACT MAP 2006- 00829 A TEN LOT SUBDIVISION CONSISTENT WITH A MASTER PLAN OF DEVELOPMENT ON APN 030-421-005 (El Corte/Eddings) WHEREAS, an application has been received from Royce Eddings (10780 Vista Rd, Atascadero, CA 93422) Applicant and Property Owner, to consider a project consisting of a Zone Change from RSF-X (Residential Single -family -X) to RSF-X/PD17 (Residential Single - Family -X with a Planned Development Overlay 17) with corresponding Master Plan of Development and Vesting Tentative Tract Map located at 8570 El Corte Road, (APN 030-421- 005); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from RMF -10 (Residential Multi -Family -10) to RSF-X/PD 17 (Residential Single- Family-X/Planned Development Overlay 17); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0031 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 May 15, 2007 studied and considered Tentative Tract Map 2006-0082, 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 Tentative Tract Map, the Planning Commission of the City of Atascadero finds as follows: 1. The proposed subdivision, design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements, including provisions of the PD -17 overlay district. 2. The proposed subdivision, as conditioned, is consistent with the Master Plan of Development (CUP 2006-0178). 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 May 15, 2007, resolved to recommend that the City Council approve Tentative Tract Map (TTM 2006-0082) subject to the following: 1. Exhibit A: Tentative Tract Map 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 Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Tentative Tract Map s W E , L W l khl a ! � I� e �va�li i ; �\ \ri / 5• �v�i � \ � \+ \\ �� ♦gyp � `g��l 1111 \Y �\� r'\ \ . vl �� ii ' •P \ ♦`'� \ � /�~ �� l►(ll�'�iut \` �,, °Q g� / / ° ��, ' ��` \ ♦ \ 7'K�11„�1y'�{yp` Yi 1711111 ill ITr \+ till, C Il t111Tlit \ \ � l ' � � 1 Y (� illi)1111 \ \ \ Ll�Illlll ggNq \ / 111 I 6 I 1 N \ \ lit \ \\ 'ilii11 \ d 9!!759! 1 Opp!; �ltf)!l1�95l�lIIF��iiE M !: i 4 E�ate k 'cc Exhibit B: Conditions of Approval / Mitigation Monitoring Program Tentative Tract Map 2006-0088 Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 8570 EI Corte Road BL: Business License PS: Planning Services GP: Grading Permit BS: Building PLN 2099-0795 BP: Building Permit Services FD: Fire Department A Final PD: Police Department InspectionCE: TO: Temporary City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy Planning Services 23. The approval of this zone change and use permit shall become final and effective FM PS following City Council approval. 24. The approval of this use permit shall become final and effective for the purposes of FM PS issuing building permits thirty (30) days following the City Council approval of ZCH 2006-0112 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. 25. 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. 26. Approval of this Conditional Use Permit shall be valid for twelve (12) months after its BP / FM PS effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 27. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its Ongoin PS agents, officers, and employees against any claim or action brought to challenge an g approval by the city, or any of its entities, concerning the subdivision. 28. All subsequent Tentative Map and construction permits shall be consistent with the BP / FM PS, CE Master Plan of Development contained herein. 29. All exterior elevations, finish materials and colors shall be consistent with the Master BP PS Plan of Development as shown in EXHIBIT D through Q 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. ■ Exterior stucco shall be smooth finish or similar. No knock -down finishes will be permitted. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 8570 EI Corte Road BL: Business License PS: Planning Services GP: Grading Permit BS: Building PLN 2099-0795 BP: Building Permit Services FD: Fire Department Fl: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy 30. All site development shall comply with the standards of the Planned Development 17 BP PS, BS Overlay District. ■ 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, C and T. CE 31. All project fencing shall be installed consistent with EXHIBIT B and T subject to the GP/BP PS following modifications: ■ Fencing material and treatment shall comply with the PID 17 standards. ■ Final fence location shall be subject to staff approval. ■ Fencing shall be setback a minimum of 5 -feet from the pedestrian pathway. ■ 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. 32. Final selection of colors and materials shall be subject to staff approval. GP/BP PS 33. A final landscape and irrigation plan shall be approved prior to the issuance of building permits and included as part of site improvement plan consistent with EXHIBIT T, 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 and open space trees shall be minimum 15 -gallon size and double staked. ■ Front yard areas shall be landscaped with drought tolerant species, subject to staff approval. 34. The developer and/or subsequent owner shall assume responsibility for the continued maintenance of all landscape and common areas, consistent with EXHIBIT B and T. 35. Affordable Housing Requirement: The applicant shall deed restrict one unit at the GP/BP PS, CA moderate income rate or shall pay in -lieu fees for each unit based on 5% of the Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 8570 EI Corte Road BL: Business License PS: Planning Services GP: Grading Permit BS: Building PLN 2099-0795 BP: Building Permit Services FD: Fire Department Fl: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy construction valuation of each unit. 36. Workforce Housing: Prior to recordation of final map, the applicant shall enter into a BP PS, CA 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. 37. 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 and the existing riparian vegetation. 38. The applicant shall contract with an arborist to monitor the construction of the retaining wall adjacent to the riparian cottonwood tree. A mitigation deposit will be required for the cottonwood tree to be in effect a minimum of 2 years after the date of construction. 39. An address marker to include address for all units shall be located at the public street GP/BP PS access point. The address marker shall be compatible with the project architecture. 40. 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 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. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 8570 EI Corte Road BL: Business License PS: Planning Services GP: Grading Permit BS: Building PLN 2099-0795 BP: Building Permit Services FD: Fire Department Fl: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy ■ 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. 41. 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 42. Prior to final map, the applicant shall submit CC&Rs for review and approval by the BP PS, BS 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. 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. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 8570 EI Corte Road BL: Business License PS: Planning Services GP: Grading Permit BS: Building PLN 2099-0795 BP: Building Permit Services FD: Fire Department Fl: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy 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. 43. Approval of this permit shall include the removal of 1 Native Tree. The applicant shall BP PS, BS 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 the two valley oak trees located adjacent to the pedestrian pathway linking La Linia Ave to EI Corte. 44. The applicant must provide for the repair and maintenance of on-site shared FM CE improvements. This includes roads, sidewalks, street trees, streetlights, private sewer system, drainage facilities, recreation areas and common landscaping. 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) Assessment District and Landscape and Lighting District. Funds for the maintenance, repair and replacement of the facilities would be collected on the property tax bill and distributed to the City. The City Engineer and City Attorney shall approve the final form prior to recordation. City Engineer Project Conditions 61. The public walkway between Bella Casa Court and La Linia Road shall be contained FM CE within a public access easement. 62. Bella Casa Court shall be located within a public access easement. FM CE City Engineer Standard Conditions 63. 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. 64. An engineer's estimate of probable cost shall be submitted for review and approval GP, BP CE by the City Engineer to determine the amount of the bond. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 8570 EI Corte Road BL: Business License PS: Planning Services GP: Grading Permit BS: Building PLN 2099-0795 BP: Building Permit Services FD: Fire Department Fl: Final Inspection PD: Police Department TO: Temporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy 65. The Subdivision Improvement Agreement shall record concurrently with the Final FM CE Map. 66. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to the GP, BP CE property frontage. 67. 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. 68. Slope easements shall be obtained by the applicant as needed to accommodate cut GP, BP CE or fill slopes. 69. Drainage easements shall be obtained by the applicant as needed to accommodate GP, BP CE both public and private drainage facilities. 70. A preliminary subdivision guarantee shall be submitted for review in conjunction with FM CE the processing of the tract map. 71. The final map shall be signed by the City Engineer prior to the map being placed on FM CE the agenda for City Council acceptance. 72. Prior to recording the tract map, the applicant shall pay all outstanding plan FM CE check/inspection fees. 73. Prior to recording the map, the applicant shall bond for or complete all improvements FM CE required by these conditions of approval. 74. Prior to recording the tract map, the applicant shall bond for or set monuments at all FM CE new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 75. Prior to recording the tract map, the applicant shall submit a map drawn in substantial FM CE 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. 76. All existing and proposed utility, pipeline, open space, or other easements are to be FM CE 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. 77. 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, Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 8570 EI Corte Road BL: Business License PS: Planning Services GP: Grading Permit BS: Building PLN 2099-0795 BP: Building Permit Services FD: Fire Department Fl: Final Inspection PD: Police Department TO: Temporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy 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. 78. 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. 79. Submit calculations to support the design of any structures or pipes. Closed conduits GP, BP CE 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. 80. 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. 81. Drainage basins shall be designed to desilt, detain and meter storm flows as well as GP, BP CE release them to natural runoff locations. 82. Show the method of dispersal at all pipe outlets. Include specifications for size & type GP, BP CE of rip rap. 83. Concentrated drainage from off-site areas shall be conveyed across the project site GP, BP CE 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. 84. Applicant shall submit erosion control plans and a Storm Water Pollution Prevention GP, BP CE Plan (SWPPP). The Regional Water Quality Control Board shall approve the SWPPP. 85. 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 86. The on-site streets shall be improved consistent with the Tentative Tract Map. GP, BP CE 87. Off-site streets shall be improved consistent with the Tentative Tract Map. GP, BP CE 88. Alignment of frontage improvements shall be approved by the City Engineer. GP, BP CE 89. A mechanism to provide for the funding of maintenance for lighting, street GP, BP CE improvements, special paving surfaces, sewer, storm drain, common area landscape, open space, and hardscape shall be provided. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 8570 EI Corte Road BL: Business License PS: Planning Services GP: Grading Permit BS: Building PLN 2099-0795 BP: Building Permit Services FD: Fire Department Fl: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy 90. All utilities shall be undergrounded on project frontage GP, BP CE 91. A mechanism must be provided to fund the maintenance of all sewer mains GP, BP CE throughout the project area. The developer shall establish a benefit maintenance assessment district, or similar funding mechanism, approved by the City, to provide sufficient funds, on an annual basis, to pay for the maintenance activities on the sewer mainline and related facilities within the project area. 92. All onsite sewer mains shall be privately owned and maintained. FM CE 93. Prior to recording the final map, provisions for the repair and maintenance of the FM CE 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. 94. Applicant shall pay sewer extension (Annexation), Connection and Reimbursement BP CE fees (if applicable) upon issuance of building permit. 95. Gravity mains within the subdivision shall be eight (8) inches in diameter. BP CE 96. 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. 97. All sanitary sewer (SS) mains shall terminate in manholes unless extension of the BP CE main, at some later date, is anticipated. If extension of a SS main is anticipated, said SS main may terminate in a cleanout providing the next downstream manhole is less than 300 linear feet from the cleanout and that the point of termination is not a reasonable location for a SS main angle point or intersection. Atascadero Mutual Water Company 63. Before the issuance of building permits, the applicant shall submit plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross-connection devices shall conform to AWWA and California Department of Health Services standards. 64. Before issuance of building permits, the applicant shall obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 8570 EI Corte Road BL: Business License PS: Planning Services GP: Grading Permit BS: Building PLN 2099-0795 BP: Building Permit Services FD: Fire Department Fl: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy Mitigation Measure 1.c.1: All retaining walls shall be constructed of dark color split face BP PS 1.c.1 block or of similar color and texture to blend into the surrounding natural environment. Mitigation Measure 1.c.2: each unit shall be painted with darker earth toned colors. All BP PS 1.c.2 materials shall be high quality and designed to blend with the surrounding environment. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP BS 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM -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 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; Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 8570 EI Corte Road BL: Business License PS: Planning Services GP: Grading Permit BS: Building PLN 2099-0795 BP: Building Permit Services FD: Fire Department Fl: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy (D) Storage piles must be kept adequately wetted, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile; (E) Equipment must be washed down before moving from the property onto a paved public road; and (F) Visible track -out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four 24 hours. Mitigation Measure 3.b.2: Naturally Occurring Asbestos (NOA) has been identified by BP PS 3.b.2 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.b.1: Replace willow tree removals at a ratio of 3:1 for any willow BP PS 4.b.1 removals necessary to construct the pedestrian connection to La Linia Ave. Willow stakes shall be spaced approximately 4 -feet apart according to ACOE recommendations. Stakes shall be placed deep enough to reach water during summer months with 50% - 80% of the stakes below ground. Willow stakes should be collected from existing native willow trees in the vicinity of the project area (preferably the ones being removed). Mitigation Measure 4.15.2: prior to issuance of building permits, the Cottonwood tree GP PS 4.e.4 shall be treated to eliminate existing mistletoe plants. Mitigation Measure 4.e.1: The Grading Plan shall identify tree protection fencing GP/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 / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 8570 EI Corte Road BL: Business License PS: Planning Services GP: Grading Permit BS: Building PLN 2099-0795 BP: Building Permit Services FD: Fire Department Fl: Final PD: Police Department Inspection TO: Temporary CE: City Engineer Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy Mitigation Measure 4.e.2: Grading and excavation and grading work shall be GP PS 4.e.2 consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 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. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 8570 EI Corte Road BL: Business License PS: Planning Services GP: Grading Permit BS: Building PLN 2099-0795 BP: Building Permit Services FD: Fire Department Fl: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy Mitigation Measure 4.e.3: The developer shall contract with a certified arborist during GP PS 4.e.3 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. Mitigation Measure 6.b: The grading permit application plans shall include erosion GP CE 6.b control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. Mitigation Measure 6.c.d: A soils report shall be required to be submitted with a future GP BS 6.c.d 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. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 8570 EI Corte Road BL: Business License PS: Planning Services GP: Grading Permit BS: Building PLN 2099-0795 BP: Building Permit Services FD: Fire Department Fl: Final PD: Police Department Inspection TO: Temporary CE: City Engineer Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention Plan (SWPPP)/Erosion BP CE 8.e.f 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 BS,PS,CE 8.ef.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 Ongoing BS/PS 11.d Atascadero Noise Ordinance for hours of operation. Mitigation Measure 15.a.b.1: Frontage improvements shall be required along EI Corte BP CE 15.a.b.1 Rd and La Linia Ave. Additional improvements may be required, subject to the approval of the City Engineer. ITEM NUMBER: 6 DATE: 5-15-07 Atascadero Planning Commission Staff Report - Community Development Department Mission Oaks Sign Program Amendment PLN 2007-1208 (2300 EI Camino Real / Mission Oaks, LLC) SUBJECT: A request to amend the Master Sign Program for the Mission Oaks Shopping Center (CUP 04-1991, previously the Factory Outlets.) The Amendment would allow up to four major tenants (minimum 10,000 square feet of lease space) to have single line of sign copy up to 36 -inches in height. The Amendment proposes three new signs on the EI Camino Real frontage, including one monument sign, one directional sign, and one address sign. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2007-0041 to approve PLN 2007- 1208 (amendment to Master Sign Program) based on findings and subject to conditions of approval. DISCUSSION: Situation and Facts: 1. Owner: Mission Oaks @ the Annex, LLC 2300 EI Camino Real, Atascadero, CA 93422 Tom Murrell and John Wilson 505 Higuera Street #105 San Luis Obispo, CA 93401 2. Applicant: Pierre Rademaker 738 Higuera St. Suite F San Luis Obispo, CA 93401 ITEM NUMBER DATE: 3. Project Address: 2300 EI Camino Real Atascadero, CA 93422 (APN: 049-141-056) 4. General Plan Designation: CPK (Commercial Park) 5. Zoning District: 6. Redevelopment Area 7. Site Area: 8. Existing Use: 9. Environmental Status DISCUSSION: Background CPK (Commercial Park) PD 1 Yes 7 acres Retail Shopping Center CEQA Categorical Exemption, Class 1 Existing Facilities. F r -i r, -n7 During the past year, the Factory Outlets has undergone a change in ownership and a change in market strategy. The Factory Outlets has changed their name to Mission Oaks and has recently applied new architectural colors and design elements to the existing buildings. Four new larger tenants are proposed to occupy the center, including the Dollar Tree, Office Depot, Big 5, and Marshall's. As a result, the applicant is requesting revisions to the sign program to meet the needs of these larger tenants. The sign program for the Factory Outlet Center was originally approved with CUP 04-1991. In September 2006, the revised sign program (Mission Oaks Sign Program) was approved by Planning Commission. The amended sign program allowed additional signage on the two existing freeway pylon signs and expanded signage along the 101 freeway frontage. The sign program specified 24" maximum letter height for single line signs, and a maximum total of 36" height for double line signs. In April of 2007, the sign program was amended through an Administrative Use Permit to allow the Dollar Tree to construct a 36" single line sign. The Amendment was processed as an AUP as the changes only applied to one sign for a tenant which occupied over 10,000 square feet. Project Site Analysis ITEM NUMBER: 6 DATE: 5-15-07 Surrounding Land Use and Setting: North: Commercial Retail East: Commercial Retail South: Commercial Park West: Highway 101; Public zone The current proposed Amendment to the Mission Oaks Sign Program is consistent with the Dollar Tree Sign Amendment approved in April of 2007. The proposed Amendment would allow up to four major tenants, with over 10,000 square feet of floor area, to install single line signs at 36" in height. Currently, major tenants are allowed multiple lines of copy with a maximum height of 24" per line. With several larger tenants moving into the center, there is now a need for larger, single line signs which can be clearly visible from Highway 101. Since these larger tenants are replacing several smaller tenants, there will be fewer signs on the building. The current Amendment also proposes three new signs along the EI Camino Real street frontage. One monument sign is proposed at the parking lot entrance. Two directional signs are proposed at the ends of the center, one to direct delivery trucks to the loading dock, and one which lists the addresses of the tenants. All three signs are conditioned to include landscaping at the base of the signs. Pylon I. Ring r Sign Aack Lxadiug Site Plan Dwk No ParkingLF l Sign FfarnNa61's Ilig S Office D" Z, Daher T. X rp rm Slvlas - Car Less _ Markel & suhwa uas Station 111 LLLLILLLf-)" Vehicular tic. Muuunxrt Sign 1'rhiculu Directional Sign Dim7rionai Sign New Directional Sign New Monument Sign New Directional Sign ITEM NUMBER: 6 DATE: 5-15-07 Proposed Changes to Sign Program: 1.) Tenant Sign Criteria 1. Signs are to be of the reverse pan channel type for the buildings facing El Camino Real and the parking lot. Tenant signs will be no larger than 65% of leasehold width, but in no case less than 17' in length, and can be on multiple lines not higher than 36". One line maximum height to be 24". 2. The signs facing Highway 101 will be individually mounted illuminated pan channel letters with raceways internal to the building. Freeway tenant signs are to be spaced between the arches and the tile roof sections as shown on the approved elevations. (See Attachment B). 3. Up to four major tenants (minimum 10,000 square feet of lease space) per Landlord permission may have multiple lines of copy maximum height of 24" per line with a maximum of 6" between lines or single line of copy not to exceed 36" in height. Allows 36" single line sign copy for up to 4 major tenants when lease space exceeds 10,000 sq. ft. 2.) New Monument Sign on EI Camino Real Entrance: ■ Monument sign area: 110 square feet (10 feet in height) ■ Lettering area: 36 square feet ■ Architectural base and detailing consistent with shopping center ■ Landscaping included at base of sign (Condition #5) ANIVrInIli (lnvtr N lV Front Mission Oaks Entry Monument Elevation (2 -Sided) 1/2"= 1'-0" Iftgh Density Foam Quatmfoil Napa Valley Cast Stone (NVCS) Wall Cap WC -1438. r— Traditional Limestone Texture Medium Etch Finish Color 70W Napa Valley Cast Stone (NVCS) Pier Cap PC -102. Traditional Untestonc Texture Medium Etch Finish Color 70W Napa Valley Cast Stone (NVCS) Moulding MMIN). Tmditinnal I.imesione Texture. Medium Etch Finish Color 70W Internally Illuminated Cabinet with Push -Through Graphics. Sign Face Painted Frazee 17813 'Apple 7'afJv" Columns to have Smooth Plaster Finish Painted Frazee #7815 "Paprika' 4-6 Tenant Logos Pro -fit Alpine Ledgstone. CSV.420113 'C'hanlom v" With 12"X20" Chisled WAII Cap IAS. 1227. Color: '7aupe" 1'-5" Side I' 1 1'-9" — I ITEM NUMBER: 6 DATE: 3.) New Directional Sign and Address Sign on EI Camino Real fro ■ Total sign area: 10 square feet each (4 feet in height) ■ Lettering area: 3 square feet each ■ Architectural base and detailing consistent with shopping center ■ Landscaping included at base of sign (Condition #5) 2040-2300 g= Front Address Sign (2 -Sided) r. rte• 2'-6" Valley Cast Stone 1'A 1/4' FNapa (NVCS) Wall Cap WC -1444. Traditional Limestone Tezum: Medium Each Finish MISSION OAKS Color 70W 2040 -23002 EI Camino Real-"�Cabinet -Sided PaintW McWI with Vinyl Craphic.. Paint Cabinet Frazee 97813 Deliveries p``T° 101/4' - - Pm -fit Alpine Ledgaunc. - Q - --- e CSV -420113 'Ch°rdonuc" With 12'X2'-Chislcl LVall Cap 9AS-1227, — (V Colon: rl Front 1'�l Y-8'- L�1' tilde I• 1'-OLL l/4' ��I' Vehicular Directional Signs (2-Sided) �RT� I • = r -o• A ITEM NUMBER: 6 DATE: 5-15-07 Section 9-15.001 outlines the following standards and intentions for the adopted sign ordinance. Staff analysis follows each pertinent standard outlined in 9-15.001: 1. Maintain and improve the aesthetic environment and overall community appearance to foster the City's ability to attract sources of economic development and growth; Staff comment: The Mission Oaks center has focused recent changes to the fagade and marketing of the center on attracting larger scale tenants that provide a sound economic base for the City. As tenant lease spaces grow, the number of tenants reduces creating the need for combined and consolidated signage. The four new major tenants propose to occupy at least 10,000 square -feet of the existing tenant space each. 2. Encourage the effective use of signs as a means of communication in the City and reduce possible traffic and safety hazards from confusing or distracting signs; Staff Comment: Larger tenants become the destination for many shoppers as opposed to smaller businesses that rely on foot traffic once a shopper has entered the center. Major tenant signage should be readable from the surrounding adjacent streets to increase traffic safety and reduce adverse traffic impacts. Directional signs and the monument sign on EI Camino Real will aid in streamlining the traffic entering the center. 3. Implement quality sign design standards that are consistent with the City's General Plan, Zoning Ordinance and Appearance Review Guidelines; Staff Comment: The larger sign height proposed is architecturally compatible with the elevation design and is proportional to the location designated for the signs. 4. Minimize possible adverse impacts of signs on private and public property in order to maintain property values and to maintain a positive City image; Staff Comment: The proposed larger signs will be in the same locations as shown in the master sign program for the Mission Oaks. The sign will be architecturally compatible with the center and will not interfere with adjacent properties. 5. Enhance traffic safety by ensuring that signage does not distract, obstruct or otherwise impede traffic circulation and to safeguard and preserve the health, property, and public welfare of Atascadero residents through prohibiting, regulating, and controlling the density, location, and maintenance of signs; The directional signs will help to direct trucks to the drop off area and identify customer entry points. ITEM NUMBER: 6 DATE: 5-15-07 CONCLUSION: Staff believes the proposed Amendment is consistent with the original project approval and the revised marketing of this retail center. Staff believes that the Planning Commission can make the finding that the amended Master Sign Program satisfies the requirements of the Atascadero Municipal Code. ALTERNATIVES: 1. The Commission may modify the proposed amended sign program or include additional conditions. 2. The Commission may determine more information is needed on some aspect of the proposed amendment and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the proposed sign program. The Commission should specify the reasons for denial of the project and recommend an associated finding with such action. PREPARED BY: Callie Taylor, Assistant Planner ATTACHMENTS: Attachment 1: General Plan and Zoning Map Attachment 2: Aerial View Attachment 3: Original Factory Outlet Sign Program Attachment 4: September 2006 & April 2007 approved Amendmentsfor Mission Oaks Center Attachment 5: Draft Resolution PC 2007-0041 ITEM NUMBER DATE: 5-15-07 Attachment 1: General Plan and Zoning ITEM NUMBER: 6 DATE: 5-15-07 Attachment 2: Aerial View Project Site Y4 p V. �,lei / .�� i , •' • �- ~�� ' `! ITEM NUMBER DATE: 5-15-07 Attachment 3: Original Factory Outlets Sign Program G�vra 4 t 145 ATTACRMENT G - Conditions of pproval Reconsideration of Conditional Use Permit 04-91 2100 E1 Camino Real (Golden West Development/CN Signs) Revised by the Planning Commission August 2, 1994 CONDITIONS OF APPROVAL: 1. All sign installation shall be in conformance with plans contained in Attachments A, B, C, D, and E, all conditions of approval contained herein, and all applicable provisions of the Atascadero Municipal Code. Any substantial modification of the project shall require approval of the Planning Commission. 2. The entire project shall be subject to all ordinary requirements of the City Building Division that are necessary to secure and final building permits for signs. Any additional information deemed necessary for the review and approval of building permits shall be provided. 3. Individual tenant signs are approved per the sign plans (Attachments A,B,C,D) and the Tenant Sign Criteria (Attachment E) with the following modifications and/or clarifications to section E anf F (page 5) of the Tenant Sign Criteria: a. Individual tenant signs for the storefront (E1 Camino Real frontage) shall be not exceed 65 percent of leasehold width. These signs shall not exceed 24" in height for single line text and a maximum of 30" for multiple lines. Logos are to be a maximum of 30 percent of the sign area. (This is identical to the criteria in section E of the Tenant Sign Criteria and is reprinted here for clarification.) b. Freeway facing wall signs shall be illuminated channel letters mounted to a raceway with beveled edges and a textured and colored finish to match the building wall. Freeway tenant signs are limited to 13 in number, to be spaced above the triple arches and below the tile roof sections as shown on the approved elevations (Attachment D.) C. The central tenant of the outlet, occupying the space at the 50 foot entry tower, may have multiple lines of copy, a maximum height of 24" letters, a maximum of 6' between lines, and a logo placed outside this area. (At the time of this writing, permits were being processed for Polo Ralph Lauren to occupy this space - see Attachment C.) Attachment 3: Original Factory Outlets Sign Program d. Colors shall be solid colors reflecting the corporate logos for the front elevation and the freeway tenant signs to be white letters with blue borders. e. Each tenant is allowed one suspended sign of the style and size shown in Attachment B. f• Section F (Page 5) of the Tenant Sign Criteria (Attachment E) shall be revised as follows: Front Sign *, Colors s-h� shall incorporate regionally and nationally recognized logo colors; * Solid colors sheald: shall be selected to provide sufficient contrast against building background colors; and * Rear Sign * To remain as originally presented on page 6 New language bold letters Old language A revised Tenant Sign Criteria in conformance with the above Conditions shall be submitted to the Community Development Department. 4. This Conditional Use Permit Reconsideration approval shall expire one (1) year from the date of final approval, unless: a. Substantial site work toward establishing the authorized use has been performed, as defined in Section 9-2.114 of the Zoning Ordinance; or b. The project is completed, as defined in Section 9-2.115 of the Zoning Ordinance; or C. An extension has been granted, as defined in Section 9- 2.118 of the Zoning Ordinance; or d. A building moratorium is imposed on the project site. Attachment 3: Original Factory Outlets Sign Program CITY OF ATASCADERO r left left COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT A SIGN PLANS - FREEWAY CUP 04-91 - RECONSIDERATI( -TYT1CAL WBV T (VUTVYAY) E-JEV cnC)Tj Cj�"Rj!t nEpe til PALBtVkYS �rtT •T£XTV z j FAINT P10El�Y.Y TM MATOlt WP%U- T(P. CttANNEL LevtfZ .040 ALL", BRMfUE TAT VAIN , N -v 'Damm TT.IM - CAP Si16 UlktiTE PCKYUC. FACES W/ A -TIAWSL. bWE VINYL OUTUNL- (MAX 1') Attachment 3: Original Factory Outlets Sign Program ATTACHMENT B CITY OF ATASCADERO SIGN PLANS - SUSPENDED CUP 04-91 RECONSIDERATIO14 a a IIF. COMMUNITY DEVELOPMENT DEPARTMENT K 4-a 2f CN Polo.qHT-"..---1—R, — alph. Lauren F wvkt v 51lN - PAF w/ ti16Tf •L BFP 'r di Attachment 3: Original Factory Outlets Sign Program CITY OF ATASCADERO left COMMUNYrY DEVELOPMENT DEPARTMENT SEE LANDLORD'S DRAWINGS FOR ALL EXTERIOR WORK WEST EXTERIOR BUILDING E: I t 7i /'-TACHMENT C - SIGN PLANS - CENTRAL TENANT CUP 04-91 RECONSIDERATION (EQUAL 25--l0- ECUAL F1 m i I to i } o L SEE LANDLORD'S DRAWINGS fi FOR ALL EXTERIOR WORK I E: THESE TWO WALLS TO 8E WITHOUT WINDOWS EAST EXTERIOR BUILDING ELE' t/8- = V -0 - Attachment 3: Original Factory Outlets Sign Program CIrry OF ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT D APPROVED FREEWAY. ELEVATIgNS CUP 04-91 RECONSIDERATIOty 12' RECESS BUILDING "4 WEST PROPORTION TO MATCH 0%Oraj e%ockllhor: =.%CT Attachment 4: September 2006 Sign Program Amendment (Text revisions proposed with current amendment - See Exhibit B) MISSION OAKS AT THE ANNEX Tenant Sign Criteria Signage Requirements 1. tach Tenant ,h;ill I,r,,, Oc one Ininrury idcniil cation wall sign in accordance with theapproved criteria. Landlord may alkm a second sign at freeway elevation. 2. The I enant shall he responsible for the following expenses relating to signage I'orTenant's store: • 11'ermit and application fees: • Fabrication and installation of signage. including primary power from provided hookup point; • Maintenance and repair: • All costs relating to signage removal including repair of any d.unage to the building. 3. Tenant shall he provided one under canopy hanging sign at the entrance to tenant space by the Landlord and will he chart back to tenant by Southpaw Sign Compitny. (See Attachment A). 4. The Landlord shall pre -approve any and all sign contractors who will do work at this center. 5. Only those sign types referred to in this criteria and specifically approved in writing by the landlord will lm al luw cd. I'hc Landlord may. at his sole discretion, and at the Tenant's expense, correct. replace or remove any sign that is installed without his written approval and/or that is deemed not to be in conformance with the plans as submitted and with these sign requirements. 6. The Tenant shall maintain the storefront in the condition in which it was received. The Landlord may. at his sole discretion and the Tenant's expenses. replace, refurbish or remove any sign that is not properly maintained. C. Sign Contractor Responsibilities The Tenant's sign contractor is responsible to do the following: • Receive pre -approval from Landlord or his representative as an approved sign contractor: • Provide to the Landlord. prior to commencing fabrication. an original certificate of insurance naming the Landlord as an additional insured for liability coverage in the amount of $1,000,000: • Obtain approved sign permits From the City of Atascadero prior to sign fabrication and show copies of same to Southpaw Sign Company Landlord's signage representative; • Submit for approval prior to fabrication complete and fully -dimensioned shop drawings along with items 1. 2 and 3 of Section A of this criteria. D. Prohibited Signs I. Ternporary wall signs, pennants, flags. banners. inflatable displays or sandwich boards. unless specifically approved by landlord. 2. Window signs except where specifically approved by Landlord. 3. Hxposed.junction boxes, transformers, lamps, tubing, conduits. or neon crossovers of any type. 4. Pre -manufactured signs. such as franchise signs, that have not been modified to meet the criteria. 5. Paper, cardboard or Styrofoam signs, stickers. or decals hung around, on or behind storefronts. 6. Animated lights or other"ntoving" sign components, except where specifically approved by Landlord. 7. Internally-illurninated awnings. 8. Internally -illuminated cabinet -type signs. 9. Roof signs. 10. Advertising promotional signs on parked vehicles. Attachment 4: September 2006 Sign Program Amendment (Text revisions proposed with current amendment - See Exhibit B) Text revisions to this MISSION OAKS AT THE ANNEX section proposed with Tenant Sign Criteria current amendment - See Exhibit B E. Sign Types I. Signs are to be of the reverse pan channel type for the buildings facing EI Camino Real and the parking lot. Tenant signs will be no larger than 65% of leasehold width, but in no case be smaller than 17', and can be on multiple lines not higher than 36". One line maximum height to be 24". Logos are to be a maximum of 30% of the net sign area. 2. The signs facing Highway 101 will be individually mounted illuminated pan channel letters with raceways internal to the building. Freeway tenant signs are to be spaced between the arches and the tile roof sections as shown on the approved elevations. (See Attachment B). 3. Up to four major tenants (minimum 6,000 square feet of lease space) per Landlord permission can have multiple lines of copy maximum height of 24" per line with a maximum of 6' between lines, and a logo that may be placed outside of this area. F. Colors Front Sign: • Colors shall incorporate regionally and nationally recognized logo colors; • Solid colors shall be selected to provide sufficient contrast against building background color. RearSign: • Colors of "Trim Cap" retainers must match the color of letter returns (Dark Bronze); • Solid color Plexiglas letter faces should reflect recognized logo colors. G. Lighting • Reverse channel neon with silhouette illumination for the signs facing the parking lot; • Internal neon or LED illumination for the signs facing Highway 101. H. Typestyles and Logos Typestyles should be consistent with the business' established types and logos. If appropriate for readability and fabrication techniques, type may be arranged in one or two lines. 1. General Specifications and Requirements I. All sign circuits are to be provided to sign locations by Landlord. 2. A] local and national codes are to be strictly complied with. Fabrication and installation to be underwriter laboratory approved with the required markings. 3. All letters are to be consistently illuminated without dark areas. Light leaks will not be permitted. 4. All neon is to be powered by 30 M.A. transformers, and shall be switched at the transformer per the NEC and U.L. 5. Reverse pan channel letters are to be clipped or stud mounted to the wall so as to not cast a shadow. 6. All finishes are to be free of manufacturing defects such as drips, runs, orange peel and foreign matter. 7. All metal parts are to be free of oil canning wrinkles, etc., and at no time are visible seams permitted. All metal must be rust inhibited or aluminum with the appropriate finish. No unplated steel or black iron materials are to be used, including fasteners. All reverse pan letters are to be welded .063 aluminum faces and returns. All face lit pan channel letters are to have .063 aluminum backs and .040 aluminum returns. 8. All signs are to be laid out so as to be proportionate to the area it is placed within the square footage limitations. They should also be centered at the appropriate location on the elevation so it would be balanced with the buildings as a whole (not necessarily centered on the Tenant space). 9. All conduits, crossovers, transformers and wiring shall be concealed. 10. All building penetrations to be sealed and be completely waterproof. 11. All manufacturing labels are to be placed so as not to be visible from the normal viewing angels or by standing directly under the sign. 12. The Landlord reserves the right to reject any fabrication or installation that does not meet these standards. J Attachment 4: September 2006 Sign Program Amendment (Sign locations to remain as approved 9/06) MISSION OAKS AT THE ANNEX Tenant Sign Criteria Attachment B gnage Location ,��_ Signage Location Attachment 4: September 2006 Sign Program Amendment (Hanging signs to remain as approved 9/06) MISSION OAKS AT THE ANNEX Tenant Sign Criteria Attachnlcilt A 3/4" Dark Bronze Anodized Attachment Rods. Open Tenant Logo Here; Vinyl Graphics. Colors Vary by Tenant Dark Bronze Anodized Cabinet; 2" Thick — Hanging Sign N.T.S. 3/4" L Anodi Rods. Sign t Illumi 4.0" Hanging Sign Elevation N.T. S. 0 N Attachment 4: September 2006 Sign Program Amendment (Monument sign to remain as approved 9/06) MF 1� ; t .Bting Sign Cabinet To&gOffice DE POT >n�.�naa Inn natedP. DOLLAR TREE 1.&116l 111 M MAJOR TENANT Secontlan•Tenant Sian l.ocanont T"�' Indmd..W IDam Wd Pan Cha Itenets New Tile Raof. Extend 0— Entre WINK of Sign New {.ower Asch Side Front Note: Sign construction details to Monument Signs (2) follow with sign permit application. 114- I' -G" Monument Signs allow 420 square feet of tenant sign area and 30 square feet of center identification (Mission Oaks) on each side as depicted above. Attachment 5: Draft Resolution PC 2007-0041 DRAFT RESOLUTION PC 2007-0041 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING PLN 2007-1208 (AMENDMENT TO MASTER SIGN PROGRAM CUP 04-1991) ON APN 049-141-056 (2300 El Camino Real / Mission Oaks at the Annex, LLC) WHEREAS, an application has been received from Pierre Rademaker (738 Higuera St. Suite F, San Luis Obispo, CA 93401) Applicant, and Tom Murrell and John Wilson (505 Higuera Street #105, San Luis Obispo, CA 93401), and Mission Oaks at the Annex LLC (2300 El Camino Real, Atascadero, CA 93422) Property Owners, to consider an Amendment to the Master Sign Program at the Mission Oaks Sign Program, including allowing 36" single line tenant signs, a new monument sign on El Camino Real and 2 new directional signs; and, WHEREAS, the project is exempt per CEQA Categorical Exemption, Class 1 Existing Facilities in accordance with the requirements of the California Environmental Quality Act (CEQA); 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 WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on May 15, 2007, studied and considered PLN 2007-1208 (Master Sign Program Amendment), 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 amendment is consistent with the General Plan and Title (Zoning Ordinance) including provisions of the PD -1 Overlay Zone; and, 2. The proposed project amendment will require no further environmental documentation; and, 3. The proposed project amendment 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 amendment 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. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on May 15, 2007, resolved to approve Conditional Use Permit Amendment PLN 2007-1208 subject to the following: 1. EXHIBIT A: Conditions of Approval 2. EXHIBIT B: Mission Oaks Master Sign Program Amendment 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 Conditions of Approval / Timing Responsibility Mitigation Monitoring Program /Monitoring PS: Planning Services BL: Business BS: Building Services 2290 El Camino Real — Mission Oaks Sign Program License FD: Fire Department GP: Grading Permit PD: Police Department BP: Building Permit CE: City Engineer PLN 2007-1208 Fl: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy FO: Final Conditional Use Permit Amendment Occupancy Planning Services 1. The approval of this use permit shall become final and effective for the purposes BP PS of issuing building permits following the 14 day appeal period. 2. Approval of this Conditional Use Permit shall be valid for twelve (12) months after BP 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. 3. 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 4. All signage shall be consistent with EXHIBIT B. BP PS 5. The monument sign, address sign, and directional sign on EI Camino Real shall BP PS include landscape plantings at the base of the sign. EXHIBIT B: Mission Oaks Master Sign Program Site plan: shows monument & directional sign locations T - uf � ? N V O C L oa C Z'{ O_ aQ �a mar. C N w_W cr "a C O C cc V {n CI LLL � New Directional Sign a �Ilflll�l - 0 f vu�e tio»g� WTMM O 0 N Q C (I�J ISI Inu}I II II fLnJl pll c Zj O New Mo ument Sign ■■Nh FF m IIIIIII .� a `e I J� Z N N O �, o New Dir -fictional Sign EXHIBIT B: Mission Oaks Master Sign Program New monument sign at EI Camino Real entrance r 1 � Vs 0�04 a ca C az Z: E = Q 6 VS W N4-4 fV X r 1 � Vs 0�04 a D Z: E = Q 6 VS W N4-4 fV X o 0 81� r .R�QI r EXHIBIT B: Mission Oaks Master Sign Program New address sign and directional sign We Raat� 7 A— uVb a 9=�2 j -;.' �>�. N. gyp} c .app x ANO Qyy EC3 CM fin QNN[�. I V Lg! C4 ^ o c o CO in Y .5V 0 y9y We Raat� 7 A— uVb a 9=�2 j -;.' �>�. N. gyp} c .app x ANO Qyy EC3 CM fin QNN[�. I � U a ^•U L -I V V ] U r 'v z:1Z Z Z Z We Raat� 7 A— uVb a 9=�2 j -;.' �>�. N. gyp} c .app x ANO Qyy EC3 CM fin QNN[�. I EXHIBIT B: Mission Oaks Master Sign Program Tenant sign criteria ■ MISSION OAKS =ANNEX Tenant Sign Criteria Purpose of Criteria I'he purpose of this criteria is to establish standards and specifications to assure that all signage and the project as a whole will be consistent and enhance the identity of all retail tenants. A. Submittals and Approvals Southpaw Sign Company is the designated representative for this project and will be supplying the under canopy signs per Sections B-3. Contact: Southpaw Sign Company Sean Beauchamp 151 Suburban Road 805/781-0427 San Luis Obispo, CA 93401 Sean@south paws igns.com Prior to sign fabrication, Tenant shall submit to landlord 3 sets of drawings for approval illustrating the following: I. Building elevations drawn to scale showing design, location. size and layout of sign with dimensions and attachment devices noted. 2. Color and material specifications. 3. Typical sign cross section with dimensions and construction details noted. Within ten (10) business days after receipt of Tenant's shop drawings, Landlord shall either approve the submittal or disapprove Tenant's sign submittal, in which case all noted modifications will be made and resubmitted. A full set of final plans must be approved in writing by Landlord prior to permit application or sign fabrication. Following Landlord's approval of proposed signage, Tenant or his agent shall submit to the City, sign plans signed by Landlord and applications for all permits for fabrication and installation by sign contractor. Fabrication and installation of all signs shall be performed in accordance with the standards and specifications outlined in these criteria and in the final approved plans and shop drawings. Any work deemed unacceptable shall be rejected and shall be corrected or modified at Tenant's expense as required by the Landlord or its agent. Signage shall be installed no later than Tenant's opening for business. If signage is not in place by that date. Landlord may order fabrication and installation on Tenant's behalf and at Tenant's expense, to be reimbursed to Landlord upon demand. EXHIBIT B: Mission Oaks Master Sign Program Tenant sign criteria MISSION OAKS AT THE ANNEX Tenant Sign Criteria Page 2 k,i- ; Signage Requirements 1. Each Tenant shall provide one primary identification wall sign in accordance with the approved criteria. Landlord may allow a second sign at freeway elevation. 2. The Tenant shall be responsible for the following expenses relating to signage for Tenant's store: • Permit and application fees; • Fabrication and installation of signage, including primary power from provided hookup point; • Maintenance and repair: • All costs relating to signage removal including repair of any damage to the building. 3. Tenant shall be provided one under canopy hanging sign at the entrance to tenant space by the Landlord and will be charged back to tenant by Southpaw Sign Company. (See Attachment A). 4. The Landlord shall pre -approve any and all sign contractors who will do work at this center. S. Only those sign types referred to in this criteria and specifically approved in writing by the Landlord will be allowed. The Landlord may. at his sole discretion. and at the Tenant's expense, correct. replace or remove any sign that is installed without his written approval and/or that is deemed not to be in conformance with the plans as submitted and with these sign requirements. 6. The Tenant shall maintain the storefront in the condition in which it was received. The Landlord may, at his sole discretion and the Tenant's expenses, replace, refurbish or remove any sign that is not properly maintained. C. Sign Contractor Responsibilities The Tenant's sign contractor is responsible to do the following: • Receive pre -approval from Landlord or his representative as an approved sign contractor'. • Provide to the Landlord, prior to commencing fabrication, an original certificate of insurance naming the Landlord as an additional insured for liability coverage in the amount of $1,000.000: • Obtain approved sign permits from the City of Atascadero prior to sign fabrication and show copies of same to Southpaw Sign Company Landlord's signage representative: • Submit for approval prior to fabrication complete and fully -dimensioned shop drawings along with items 1. 2 and 3 of Section A of this criteria. D. Prohibited Signs I . temporary wall signs, pennants, flags. banners, inflatable displays or sandwich boards, unless specifically approved by Landlord. 2. Window signs except where specifically approved by Landlord. 3. Exposed junction boxes, transformers, lamps, tubing, conduits, or neon crossovers of any type. 4. Pre -manufactured signs, such as franchise signs. that have not been modified to meet the criteria. 5. Paper, cardboard or Styrofoam signs. stickers, or decals hung around, on or behind storefronts. 6. Animated lights or other "moving" sign components, except where specifically approved by Landlord. 7. Internally -illuminated awnings. 8. Internally -illuminated cabinet -type signs. 9. Roof signs. 10. Advertising promotional signs on parked vehicles. EXHIBIT B: Mission Oaks Master Sign Program Tenant sign criteria MISSION OAKS AT THE ANNEX Tenant Sign Criteria Page 3 of 5 E. Sign Types I . Signs are to be of the reverse pan channel type for the buildings facing EI Camino Real and the parking lot. Tenant signs will be no larger than 65% of leasehold width, but in no case less than 17' in length, and can be on multiple lines not higher than 36". One line maximum height to be 24". 2. The signs facing Highway 101 will be individually mounted illuminated pan channel letters with raceways internal to the building. Freeway tenant signs are to be spaced between the arches and the the roof sections as shown on the approved elevations. (See Attachment B). 3. Up to four major tenants (minimum 10,000 square feet of lease space) per Landlord permission may have multiple lines of copy maximum height of 24" per line with a maximum of 6" between lines or single line of copy not to exceed 36" in height. F. Colors Front Sign: • Colors shall incorporate regionally and nationally recognized logo colors; • Solid colors shall be selected to provide sufficient contrast against building background color. Rear Sign: • Colors of "Trim Cap" retainers must match the color of letter returns (Dark Bronze); • Solid color Plexiglas letter faces should reflect recognized logo colors. G. Lighting • Reverse channel neon with silhouette illumination for the signs facing the parking lot; • Internal neon or LED illumination for the signs facing Highway 101. H. Typestyles and Logos Typestyles should be consistent with the business' established types and logos. If appropriate for readability and fabrication techniques, type may be arranged in one or two lines. I. General Specifications and Requirements I . All sign circuits are to be provided to sign locations by Landlord. 2. Al local and national codes are to be strictly complied with. Fabrication and installation to be underwriter laboratory approved with the required markings. 3. All letters are to be consistently illuminated without dark areas. Light leaks will not be permitted. 4. All neon is to be powered by 30 M.A. transformers, and shall be switched at the transformer per the NEC and U.L. 5. Reverse pan channel letters are to be clipped or stud mounted to the wall so as to not cast a shadow. 6. All finishes are to be free of manufacturing defects such as drips, runs, orange peel and foreign matter. 7. All metal parts are to be free of oil canning wrinkles, etc., and at no time are visible seams permitted. All metal must be rust inhibited or aluminum with the appropriate finish. No unplaced steel or black iron materials are to be used, including fasteners. All reverse pan letters are to be welded .080 aluminum faces and returns. All face lit pan channel letters are to have .063 aluminum backs and .040 aluminum returns. 8. All signs are to be laid out so as to be proportionate to the area it is placed within the square footage limitations. They should also be centered at the appropriate location on the elevation so it would be balanced with the buildings as a whole (not necessarily centered on the Tenant space). 9. All conduits, crossovers, transformers and wiring shall be concealed. 10. All building penetrations to be sealed and be completely waterproof. II. All manufacturing labels are to be placed so as not to be visible from the normal viewing angels or by standing directly under the sign. 12. The Landlord reserves the right to reject any fabrication or installation that does not meet these standards. EXHIBIT B: Mission Oaks Master Sign Program Tenant sign criteria MISSION OAKS AT THE ANNEX Tenant Sign Criteria -1 Gill 5 Attachmoit A 314" Dark Bronze Anodized Attachment Rods. M. Tenant Logo Here; Vinyl Graphics. Calor Vary by Tenant Dark Bronze Anodize+ Cabinet; 2" Thick Hanging Sign " =I '-p" - 314" Dark Bron, Anodized Attac Rods. Sign to be Extei Illuminated i Hang Sign Elevation 1I8" = l"di" tit ti EXHIBIT B: Mission Oaks Master Sign Program Tenant sign criteria 01 —� 5i `= I U _ U R a, F b e ! in e 4, 1 I ] CA U l O C L Z •� r 4 ;S7 4 ;3� ;.L; 5 Z y y Clcc CIO C ITEM NUMBER: 7 DATE: 5-15-07 Atascadero Planning Commission Staff Report - Community Development Department PLN 2006-1161 Front Yard Setback 3300 Falda Road (Svedas) SUBJECT: The proposed projects consist of a request for a Variance to reduce the required 25 -foot front yard setback on a sloped site within the Residential Suburban Zone. RECOMMENDATION: Staff has recommends Planning Commission approve Resolution PC 2007-0043 approving Variance 2007-0011 / PLN 2006-1161 based on findings and subject to Conditions of Approval, including the use of stem wall construction with limited cut and fill quantities. If Planning Commission chooses to deny the Variance, an alternative Resolution PC 2007-0043 is attached to denying Variance 2007-0011 / PLN 2006-1161. SITUATION AND FACTS: 1. Owner: Francis and Khay Svedas, PO Box 1275, Atascadero, CA 93423 2. Applicant / Representative: James V Shepard Co, 1900 Spring Street, Paso Robles, CA 93446 3. Project Location: 3300 Falda Road, Atascadero, CA 93422 APN 049-302-039 4. General Plan Designation: Suburban Estate 5. Zoning District: Residential Suburban 6. Existing Use: Vacant 7. Environmental Status: Mitigated Negative Declarations DISCUSSION: Project Summary The proposed project consists of a Variance request to reduce the 25 -foot front yard setback requirement of the Municipal Code for a single-family residence in the Residential Suburban Zone. The residence is proposed to be located 10 feet from the edge of the right-of-way, and 23 feet from back of pavement. Analysis The applicant is proposing to reduce the required 25 -foot front yard setback to 10 feet from the proposed residence. The residence would be located 10 feet from the edge of the right-of-way, which is approximately 23 feet from the edge of the pavement as the road is not paved to the full width of the right-of-way. The site is steeply sloped near Falda Road and levels off as the site moves away from the road. The slope under the proposed garage location ranges from 57% to 64%. The slope under the residence ranges from 34% to 57%. The average slope on site is 24% (approximately). The septic is proposed to be located at the bottom of the site where the slope is less steep. The proposed residence will utilize a combination of stem wall construction and graded pad. The applicant estimates that approximately 2250 cubic yards of fill will be required to construct a flat pad for the lower portion of the house. The original project submittal utilized stem wall construction of the entire structure, which only required 137 cubic yards of cut and 23 cubic yards of fill. The applicant has found that stem wall construction is more expensive, and is in the process of redesigning the grading plan to use a mixture of stem wall and flat pad foundation; the foundation plan and grading plan are not yet finalized. The applicant has estimated that if the 25 foot front setback is required, additional fill (approximately 4750 cubic yards total) will be required to construct the driveway and push the structure further down the hill. Staff is recommending approval of the Variance with the included Condition #6 regarding the stem wall construction and grading. Staff recommends that if the Variance is approved, stem wall construction shall be required for the entire residence. The purpose of the reduced setback is to limit the amount of grading required to construct the residence. Stem wall construction would greatly reduce the amount of fill required and help to maintain the natural grade of the site. Staff has considered the possibility of moving the structure to the lower area of the site, away from Falda Road. The main problem with this option is accessing the structure. The site is extremely steep near Falda Road. Construing a driveway from Falda Road to the bottom of the site would require a considerable amount of grading to wind the driveway down the hill. The maximum allowable slope for driveways is 20% and the existing slope ranges from 34%- 64% at the top of the hill. An alternative to this would be a driveway which gives access from Colima Road on the opposite side of the property. Colima Road is close to the same elevation as the bottom of the subject property. However, no easements are recorded which would allow this parcel to gain access though the adjacent parcels. The City can not require that the applicant enter into an agreement for an access road across another private property. R_ _ -310- n i5DO / / i*E^` J /^ N64 J2'34"W 70oo'4 ^ � n .� N643234W !36.73-__ Site Plan Sloping Lot Adjustment The Atascadero Municipal Code allows for a reduced setback for the garage on a sloped lot. The sloped lot adjustment may be approved as an Administrative Use Permit: 3) Sloping Lot Adjustment. In any case where the elevation of the natural grade on a lot at a point fifty (50) feet from the centerline of the adjacent street right-of-way is seven (7) feet above or below the elevation of the centerline, a private garage may be located, at the discretion of the applicant, as close as five (5) feet to the street property line, pursuant to Section 9-1.112 of this title, provided that portions of the dwelling other than the garage shall be established at the setback otherwise required. The subject site meets the slope requirements of the sloping lot adjustment. However, the proposed residence does not meet the requirements of the sloping lot adjustment because the residence itself is proposed at 10 feet from the edge of the right of way. The sloping lot adjustment allows for only the garage to encroach within the setback. Therefore, the applicant is applying for a variance from the standard 25 -foot front yard setback for the entire residence. An alternative option to the requested variance would be to design a residence which utilizes the sloping lot adjustment. The residence could be redesigned to take advantage of this allowance. If the garage was located 10 feet from the road for vehicle access, the residence could step back down the hill behind the garage, as is often the case on steep slopes such as this. Fencing The applicant is requesting that the fencing on-site be subject to the same reduced front setback as the residence. Approval of this request would allow solid fencing to be placed as close as 10 feet from the right-of-way. The Municipal Code states in the Residential Suburban Zone, solid fencing within the front 25 -foot front yard setback shall not be over three (3) feet in height. Fencing within the 25 -foot front yard setback may be up to five (5) feet in height, provided that the top two (2) feet remain a minimum of eighty percent (80%) visibility (example: horse fencing or chicken wire.) Fences beyond the 25 -foot front yard setback may be up to 6 feet in height, and may be solid fencing. This is required so that solid fencing does not impair safe sight distance for vehicular traffic. Staff has included Condition #5 in the resolution for approval to allow the applicant's request for reduced fencing setback if the project is approved. t I �.tE�T rLCVf, West Elevation Environmental Review Mitigated Negative Declaration #2006-0034 was posted from November 29 to December 18, 2006 as part of the Precise Plan review on this project. Stem wall construction was included in the Precise Plan proposed which only required minor amounts of cut and fill. Since that time, the applicant has proposed changes in the plans, including changing the stem wall construction to a flat pad which requires additional cut and fill. A revised CEQA document will be required to be posted for an additional 20 days if the project is to be built on a graded pad. CEQA analysis is required for the project due to the slope of the site. A Variance to reduce the setback, however, is categorically exempt under CEQA Section15305. A Class 5 exempts minor alterations in land use limitations, including setback variances and issuance of minor encroachment permits. The Planning Commission may approve the Variance request before the reposting of the CEQA document, as the Variance does not require CEQA review. Findings Variance In order to approve an exception to the Development Standards contained in the Zoning Ordinance, the Planning Commission must make the following findings: 1. The Variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated; and, 2. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, and because of these circumstances, the application of this title would deprive the property of privileges enjoyed by other property in the vicinity and in the same zoning district; and, 3. The Variance does not authorize a use which is not otherwise authorized in the zoning district; and 4. The granting of such Variance does not, under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements. CONCLUSION: The proposed project is a variance requesting a reduced front setback for a steeply sloped lot. The Planning Commission must find that project meets the required findings for a Variance in order to approve the reduced front setback for the residence. Staff recommends that the Planning Commission approve the Variance request with the condition the residence uses stem wall construction and limited amounts of cut and fill. ALTERNATIVES: 1. The Commission may recommend modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Callie Taylor, Assistant Planner ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Aerial Photo Attachment 3: Site Photos Attachment 4: Mitigated Negative Declaration 2006-0034 Attachment 5: Resolution to Approve Variance: Draft Resolution 2007-0043 Attachment 6: Resolution to Deny Variance: Draft Resolution 2007-0043 Attachment 1: Location Map, General Plan and Zoning 3300 Faida Project Site General Plan Desi ani -Suburban Estate Zoning Desiamation: -Residential Suburban Attachment 2: Aerial Photo Attachment 3: Site Photos View of Falda Road View of adjacent residence below on Colima Attachment 4: Mitigated Negative Declaration 2006-0034 See Following ATTACHMENT 5: Resolution to Approve Variance: Draft Resolution PC 2007-0043 DRAFT RESOLUTION PC 2007-0043 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CA, APPROVING VAR 2007-0011 / PLN 2006-1161, ALLOWING A REDUCTION IN FRONT YARD SETBACK ON APN 049-302-039 (3300 Falda / Svedas) WHEREAS, an application has been received from Francis and Khay Svedas (PO Box 1275, Atascadero, CA 93423), property owner, and James V Shepard Co, (1900 Spring Street, Paso Robles, CA 93446), applicant, to consider a project consisting of a Variance to allow encroachment into the front yard setback on APN 049-302-039; and, WHEREAS, the site's General Plan Designation is SE (Suburban Estate); and, WHEREAS, the site's current zoning district is RS (Residential Suburban); and WHEREAS, the proposed variance is categorically except under CEQA Class 5; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Variance; and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on May 15, 2007 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for approval of Variance. The Planning Commission finds as follows: The Variance authorized does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated; and 2. There are special circumstances applicable to the property, including size, and shape of the lot, and the existence of three large native trees, and because of these circumstances, the application of this title would deprive the property of privileges enjoyed by other property in the vicinity and in the same zoning district; and 3. The Variance does not authorize a use which is not otherwise authorized in the Zoning District; and 4. The granting of such Variance does not, under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on May 15, 2007, resolved to approve Variance 2007-0011 / PLN 2006-1161 consistent with the following: EXHIBIT A: Site Plan EXHIBIT B: Sections EXHIBIT C: Elevations EXHIBIT D: Conditions of Approval On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Site Plan f -C7 150/ ----- ----- . , 4 z- 0 A=40'16'00*4 \L =67� - ---------- Tel Pit \520 S.�520- 0 PM Q —510- _ �-- � \ -- 4"f 500, 500 all N N84 IN :32J4 ji =-- -- — -- — -- — -- — -- L------- N84 *J2,34 "W 136. 73 --�-Nothing Found tv"thing set (rip) EXHIBIT B: Sections �� -r I Q H 1114-1 la% Gqz of P.ixwynT 6 F-�-T' 1 62�1 EXHIBIT B: Elevations EXHIBIT D: Conditions of Approval - VAR 2007-0011 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 3300 Falda Road License FD: Fire Department VAR -2007-0011 GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy Planning Services 1. The approval of this Variance shall become final and effective following BP PS Planning Commission approval. 2. Approval of this Variance shall be valid for twelve (12) months after its BP PS effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 3. The applicant shall defend, indemnify, and hold harmless the City of Ongoing PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the Variance. 4. All subsequent construction permits shall be consistent with the Site BP PS, CE Plan (Exhibit A) contained herein. 5. Fences shall be subject to the reduced 10 foot setback. ■ Solid fencing may by up to 3 feet in height within the front 10 foot setback ■ Solid fencing may be up to 6 feet in height outside the 10 foot front setback area ■ Fencing within the 25 -foot front yard setback may be up to five (5) feet in height, provided that the top two (2) feet remain a minimum of eighty percent (80%) visibility ■ No fencing shall be located within the right of way 6. The residence shall utilize stem wall construction for the entire structure. Cut and fill amounts shall be limited to the minimum amount necessary to complete the stem wall system, driveway, and septic system; graded pads shall not be used. City Engineer Conditions 5. Grading and Drainage Plans shall be required to be submitted with any BP CE subsequent building permit application. Grading and Drainage plans shall be reviewed and approved bathe City Engineer. Approval of this Variance application shall not preclude the requirements of the Atascadero Municipal Code or Engineer Standards for on-site grading and drainage. ATTACHMENT 6: Resolution to Deny Variance: Draft Resolution PC 2007-0043 DRAFT RESOLUTION PC 2007-0043 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CA, DENYING VARIANCE 2007-0011 / PLN 2006-1161, ON APN 049-302-039 (3300 Falda / Svedas) WHEREAS, an application has been received from Francis and Khay Svedas (PO Box 1275, Atascadero, CA 93423), property owner, and James V Shepard Co, (1900 Spring Street, Paso Robles, CA 93446), applicant, to consider a project consisting of a Variance to allow encroachment into the front yard setback on APN 049-302-039; and, WHEREAS, the site's General Plan Designation is SE (Suburban Estate); and, WHEREAS, the site's current zoning district is RS (Residential Suburban); and WHEREAS, the proposed variance is categorically except under CEQA Class 5; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Variance; and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on May 15, 2007 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findinl4s for denial of Variance. The Planning Commission finds as follows: 1. The Variance authorized constitutes a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated: or 2. There are not special circumstances applicable to the property, including size, and shape of the lot, and the existence of three large native trees. The application of this title would not deprive the property of privileges enjoyed by other property in the vicinity and in the same zoning district as a result of these circumstances; or 3. The Variance authorizes a use which is not otherwise authorized in the Zoning District; or 4. The granting of such Variance, under the circumstances and conditions applied in the particular case, adversely affects the health or safety of persons, is materially detrimental to the public welfare, or injurious to nearby property or improvements. SECTION 2. Denial. The Planning Commission of the City of Atascadero, in a regular session assembled on May 15, 2007, resolved to deny Variance 2007-0011 / PLN 2006-1161. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: 8 DATE: 5-15-07 Atascadero Planning Commission Staff Report - Community Development Department Setback Variance PLN 2006-1172 (6200 Marchant Ave.) SUBJECT: A request to allow a front setback Variance to retain an existing 40" Valley Oak tree. RECOMMENDATION: Staff recommends Planning Commission: 1. The Planning Commission adopt Resolution PC 2007-0006 to approve the requested front setback variance subject to findings and conditions of approval. Situation and Facts: 1. Owner/Applicant: Christopher Austin, 1923 Kleck Road, Paso Robles CA 93446 2. Certified Arborist: Chuck Scovell, Certified Arborist 3. Project Address: 6200 Marchant Ave, Atascadero, CA 93422 APN: 030-221-026 3. General Plan Designation: Medium Density Residential 4. Zoning District: Residential Multi -Family - 10 5. Existing Use: Single -Family Residence 6. Environmental Status: Exempt under Article 19, Section 15303, Class 3a ITEM NUMBER: 8 DATE: 5-15-07 BACKGROUND: On December 5, 2006, the applicant brought the requested tree removal before the Planning Commission. The Planning Commission referred the item back to the applicant to explore other design alternatives that would allow the tree to be saved. Recommendations form the Planning Commission included attaching the two proposed units to lessen the area of impact. On February 6, 2007, the applicant presented information about the area necessary for tree protection and site plan alternatives that would allow for retention of the 40" Valley Oak tree. In order for the tree to be saved and density to be added to the multi -family site, a setback variance would be necessary. The Planning Commission expressed to the applicant that they could not make the findings for removal and considered a setback variance a viable alternative for site development. ANALYSIS: The applicant developed an alternative site plan that would minimize impacts to the 40" Valley Oak tree and retain the tree on-site. Each of the proposed units would be moved closer to Marchant Ave. and the corner unit would be moved closer to Alcantara Ave. to reduce construction within the area identified as the critical rootzone. Unit 1 would be a minimum of 20 -feet from Marchant Ave. and unit 2 would be a minimum of 12 -feet from Marchant Ave. As this is a corner lot, this could be considered the corner side setback. The Atascadero Municipal Code allows a minimum 10 -feet setback in this situation. Both buildings meet this corner side setback requirement as proposed. Unit 2 has been repositioned to minimize impacts to the existing tree. The resulting setback along Alcantara would be 5 -feet from the right-of-way line. As this is considered to front setback, the applicant is requesting a reduction from the standard 25 -foot setback to a 5 -foot setback. The unit is tilted so that a majority of the unit is greater than 5 -feet from the property line. The revised site design has been reviewed and meets all property development standards outlined in the Atascadero Municipal Code. ITEM NUMBER: 8 DATE: 5-15-07 FINDINGS: In order to approve an exception to the Development Standards contained in the Zoning Ordinance, the Planning Commission must make the following findings: 1. The Variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated; and, Staff Comment: The property contains an existing 40" Valley Oak tree towards the center of the property which the Planning Commission determined must remain. The location of the tree and size of the critical root zone area compared to the overall size of the multi -family property creates a unique situation. 2. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, and because of these circumstances, the application of this title would deprive the property of privileges enjoyed by other property in the vicinity and in the same zoning district; and, Staff Comment: The property contains an existing 40" Valley Oak tree towards the center of the property which the Planning Commission determined must remain. The location of the tree and size of the critical root zone area compared to the overall size of the multi -family property creates a unique situation. 3. The Variance does not authorize a use which is not otherwise authorized in the zoning district; and Staff Comment: The property is zoned residential multi -family. (maximum density of 3 units) 4. The granting of such Variance does not, under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements. Staff Comment: Staff has reviewed the proposed building locations. All proposed residences will have adequate sight distance to exit onto the respective streets. ALTERNATIVES: ITEM NUMBER: 8 DATE: 5-15-07 1. The Commission may recommend modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The parcel would retain its designation of Multi -Family Residential - 10. The Commission should specify the reasons for denial of the project and make an associated finding with such action. CONCLUSION: The Planning Commission determined that findings could not be made for approval of a tree removal permit, thus, the applicant has designed the site to retain the existing 40" Valley Oak tree. The redesigned site includes a reduction in the front setback along Alcantara Ave from 25 -feet to 5 -feet. The site has been reviewed for all required site development standards listed in the Atascadero Municipal code for multi -family developments and has undergone staff level appearance review through the building permit process. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1: Project Location Attachment 2: Updated Arborist Letter Attachment 3: Draft Resolution PC 2007-0006 ITEM NUMBER DATE: 5-15-07 Attachment 1: Project Location Attachment 2: Updated Arborist Letter See Following ITEM NUMBER: DATE: 5-15-07 ITEM NUMBER: 8 DATE: 5-15-07 Attachment 3: Draft Resolution PC 2007-0006 DRAFT RESOLUTION PC 2007-0006 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING VARIANCE 2007-0012, ALLOWING A REDUCTION IN FRONT YARD SETBACK AT 6200 MARCHANT AVE APN 030-221-026 (Austin) WHEREAS, an application has been received from Christopher Austin, 1923 Kleck Road, Paso Robles, CA 93446, Property Owner, to consider a project consisting of a Variance to allow encroachment into the front yard setback at 6200 Marchant Ave., APN 030-221-026, and, WHEREAS, the site's General Plan Designation is MDR (Medium Density Residential); and, WHEREAS, the site's current zoning district is RMF -10 (Residential Multi -Family - 10); and WHEREAS, the project is exempt from the requirements of the California Environmental Quality Act (CEQA) under Article 19, Section 15303, Class 3a; and, WHEREAS, a timely and properly noticed Public Hearing was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Variance; and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on May 15, 2007 to consider the project and hear oral testimony from the public; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for approval of Variance. The Planning Commission finds as follows: 1. The Variance authorized does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated: and 2. There are special circumstances applicable to the property, including size, and shape of the lot, and the existence of three large native trees, and because of these ITEM NUMBER: 8 DATE: 5-15-07 circumstances, the application of this title would deprive the property of privileges enjoyed by other property in the vicinity and in the same zoning district; and 3. The Variance does not authorize a use which is not otherwise authorized in the Zoning District; and 4. The granting of such Variance does not, under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on May 15, 2007, resolved to approve Variance 2007-0012 consistent with the following: EXHIBIT A: Site Plan EXHIBIT B: Conditions of Approval ITEM NUMBER DATE: 5-15-07 On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 5-15-07 Exhibit A: Conditions of Approval Front Setback Variance - 6200 Marchant Ave Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services Marchant Variance BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department VAR -2007-0012 BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Planning Services 1. The approval of this Variance shall become final and effective following BP PS Planning Commission approval. 2. Approval of this Variance shall be valid for twelve (12) months after its BP PS effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 3. The applicant shall defend, indemnify, and hold harmless the City of Ongoing PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the Variance. 4. All subsequent construction permits shall be consistent with the Site Plan BPM PS, CE (Exhibit A) contained herein. City Engineer Conditions 5. Revised Grading and Drainage Plans shall be required to be submitted BP CE for the pending building permit applications. Grading and Drainage plans shall be reviewed and approved bathe City Engineer. Approval of this Variance application shall not preclude the requirements of the Atascadero Municipal Code or Engineer Standards for on-site grading and drainage. Exhibit B: Proposed Site Plan Variance - VAR 2007-0012 ITEM NUMBER: 8 DATE: 5-15-07 RECEIVEDn APR S 2007 COMMUNITY Of{ �LQpMEN D T- D D Z D /�fdncS� C a Z Z,,. et, L I I I