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Home My WebLink AboutPC_2007-06-19_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, June 19, 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 June 19, 2007 Page 2 of 4 (All items on the consent calendar are considered to be routine and non -controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions.) 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JUNE 5, 2007. 2. PLN 2099-0060, 8765 SAN RAFAEL ROAD Owner/Applicant: Robert S. & Tamara Hendricks, 9811 Atascadero Ave., Atascadero, CA 93422 Project Title: PLN 2099-0060, Amendment to Tentative Tract Map 2002-0023 Project 8765 San Rafael Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 056-362-004 Project The proposed project consists of an application to amend the "no build" area on Lot 4 of Description: Tract 2491 to facilitate a driveway of less than 20% slope and reduce impacts to native Location: trees. Project General Plan Designation: RE (Rural Estate) Description: Zoning District: RS (Residential Suburban with a minimum lot size of 2.78 to 3.034 acres gross) Proposed Environmental Consistent with previously Certified Negative Declaration 2003-0033. Determination: 3. PLANNING COMMISSION TIME EXTENSION ON TTM 2005-0071, PLN 2099- 0904,6901 & 6905 EL CAMINO REAL (HARRISON) COMMUNITY DEVELOPMENT STAFF REPORTS 4. PLN 2007-1213, TREE REMOVAL PERMIT 2007-0105,2300 EL CAMINO REAL Owners: 197 Property Investments, LLC, Mission Oaks, LLC, 505 Higuera St. Ste. 105, San Luis Obispo, CA 93401 Certified Elder & Elder Ltd., 1207 Grassy Hollow Way, Paso Robles, CA 93446 Arborist: Project Title: PLN 2007-1213/TRP 2007-0105 Project 2300 EI Camino Real, Atascadero, CA 93422 Location: San Luis Obispo, CA (APN 049-141-056) Project A request to remove one 29" Coast Live Oak (Quercus Agrifolia) that is in "good" Description: condition. The reason for removal is to expanded the parking lot to accommodate additional parking. City of Atascadero Planning Commission Agenda PUBLIC HEARINGS Regular Meeting June 19, 2007 Page 3 of 4 (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).) 5. TO BE CONTINUED TO A DATE UNCERTAIN PLN 2099-1002, 5190 PORTOLA ROAD Owner/Applicant: Ed Nolan 5190 Portola Rd, Atascadero, CA 93422 Project Title: PLN 2099-1002 / ZCH: 2004-0091 / CUP 2004-0140 / TPM 2004-0057 Project 5190 Portola Road, Atascadero, CA 93422 Location: San Luis Obispo County APN 054-051-021 Project The proposed project consists of an application for a Planned Development 16 to split a 3.02 Description: gross acres lot with an existing single family residence into two lots. One lot would be 1.52 gross acres and the other would be 1.50 gross acres. Also, located on the 1.50 acres lot, the project proposes a new, 2205 square foot single-family residence. The project proposes approximately 8,418 square feet of open space. General Plan Designation: Single Family Residential (SFR -Z) Zoning District: Residential Single Family (RSF-Z) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The proposed Mitigated Negative Declaration is available for public review at 6907 Determination: EI Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on July 17, 2007 (The July 3rd Meeting is cancelled) 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 June 19, 2007 Page 4 of 4 City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m., at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall Annex business hours at the Community Development counter and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-5000, or the City Clerk's Office, (805) 461-5000. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Commission regarding the matter being considered to step up to the podium. If you wish to speak for, against, or comment in any way: • You must approach the podium and be recognized by the Chairperson • Give your name and address (not required) • Make your statement • All comments should be made to the Chairperson and Commission • All comments limited to 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: 6-19-07 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, June 5, 2007 — 7:00 P.M. Chairperson O'Keefe called the meeting to order at 7:00 p.m. and Commissioner Slane led the Pledge of Allegiance. ROLL CALL Present Absent Others Present Commissioners Heatherington, Jack, Slane, Fonzi, and Chairperson O'Keefe Commissioners Marks and O'Grady (excused absences) Recording Secretary Grace Pucci Staff Present: Community Development Director Warren Frace, Community Services Director Brady Cherry, Deputy Community Development Director Steve McHarris, Deputy Public Works Director David Athey, Associate Planner Kelly Gleason, and Assistant Planner Callie Taylor. Chairperson O'Keefe read the decorum guidelines PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA Chairperson O'Keefe suggested moving Item #3 to the end of the agenda. PC Draft Minutes 06/05/07 Page 1 of 11 MOTION: By Commissioner Jack and seconded by Vice Chairperson Fonzi to approve the agenda as amended. Motion passed 5:0 by a roll -call vote. DISCLOSURE OF EX PARTE COMMUNICATIONS: None PUBLIC COMMENT Eric Greening spoke about the importance of tree valuations and asked for an update regarding where the issue stands at this time. Community Development Director Warren Frace explained that though the Planning Commission cannot adjust the fee schedule, they can make a recommendation to the City Council to consider it at a future date. Chairperson O'Keefe suggested setting aside the issue for a few months as the Council has a lot on its plate at this time. There was Commission agreement with this suggestion. Chairperson O'Keefe closed the Public Comment period. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON MAY 15, 2007. MOTION: By Vice Chairperson Fonzi and seconded by Commissioner Jack to approve Item #1. Motion passed 4:0 by a roll -call vote. (O'Keefe abstained) COMMUNITY DEVELOPMENT STAFF REPORTS 2. PLN 2007-1206, 8970 Montecito Ave. Tree Removal Permit Owner: Kelly Gearhart, Morro Road Homes, LLC, 6205 Alcantara Ave., Atascadero, CA 93422 Applicant: Gearhart Development, 6205 Alcantara Ave., Atascadero, CA 93422 Certified Arborist: Steven Alvarez, A&T Arborist, 1565 EI Camino Real, Atascadero, CA 93422 Project Title: PLN 2007-1206 / Tree Removal Permit 2007-0104 PC Draft Minutes 06/05/07 Page 2 of 11 Project Location: 8970 Montecito Ave., Atascadero, CA 93422, (San Luis Obispo County) APN 006-113-002 Project A request to remove one (1) native oak tree totaling 108 inches (dbh) found to be Description• hazardous by a Certified Arborist. The site is currently partially developed with a 2,876 square foot commercial building north of the tree. General Plan Designation: General Commercial (GC) Zoning District: Commercial Tourist (CT) Proposed Environmental Categorical Exemption; 15304 Minor Alterations to Land; Class 4 Determination: Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Steven Alvarez, applicant's arborist, answered questions of the Commission. Kelly Gearhart, applicant, explained why he is requesting the tree removal, and answered questions of the Commission. Chairperson O'Keefe closed the Public Comment period. Commissioner Heatherington indicated she would like to wait to vote on this until she has the opportunity to look at the original tree report and layout. She believes not much has changed with the tree and she would like to make a comparison with the original report. MOTION: By Vice Chairperson Fonzi and seconded by Commissioner Slane to adopt Resolution PC 2007-0047 to approve the request to remove one (1) 108" (dbh) native oak tree subject to findings and conditions of approval. Motion passed 3:2 by a roll -call vote. (Heatherington, O'Keefe opposed) Commissioner Heatherington stated for the record she did not have enough information to vote on the removal. Chairperson O'Keefe stated she voted against the motion because she believes the tree could live another 15 to 20 years. PUBLIC HEARINGS 4. PLN 2006-1119, 7155 Valle Ave. PC Draft Minutes 06/05/07 Page 3 of 11 Owners/ Sean Knoph, Greg Wright and Lori Martin, 6590 Valle Ave, Atascadero, CA 93422 Applicants: Project Title: PLN 2006-1119 / Tentative Parcel Map 2006-0084 Project 7155 Valle Ave, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 029-352-001 Project The project includes a Tentative Parcel Map which proposes a two (2) lot split in the RSF- Description: Y Zone (1 acre minimum lot size.) The existing lot is 2.33 acres gross (2.009 acres net) with an average slope of 33%. Parcel 1 is proposed at 1.0 acres gross on a 43% slope. A building envelope with a 10.6% slope is provided on Parcel 1 for one new residence; the site is currently vacant. Proposed Parcel 2 contains an existing residence and is proposed at 1.333 acre gross with a 25% slope. An emergency access easement is proposed on Parcel 1 to give a secondary emergency access route to Stadium Park. The site is covered by both Coast Live Oaks and Blue Oaks. The project proposal includes the removal of two Live Oaks (58" total DBH) and three Blue Oaks (63" total DBH) for the construction of the new residence, driveway, and emergency access road on proposed Parcel 1. The project will also include street improvements on Valle and Escarpa Ave. General Plan Designation: Single Family Residential (SFR -Y) Zoning District: Residential Single Family (RSF-Y) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The proposed Mitigated Negative Declaration is available for public review from 5/16/07 through 6/4/07 at 6907 EI Camino Real, Community Development Determination: Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Assistant Planner Callie Taylor gave the staff report and answered questions of the Commission. PUBLIC COMMENT Steven Alvarez, project arborist, spoke about the tree removals. Eric Greening expressed concern that in the past there have been problems with vehicle trespass into Stadium Park creating erosion damage. He asked about the type of road/trail planned from this side, whether the Parks Department have been contacted regarding trees #9 and 10 which are located in Stadium Park, the type of gate existing now on the lower end, how this integrates into what has been planned for the park so far, and the affect on future utility lines if this item is approved. Chairperson O'Keefe closed the Public Comment period. Staff addressed issues raised during the Public Comment period. MOTION: By Commissioner Jack and seconded by seconded by Commissioner Slane to adopt Resolution PC 2007-0050 certifying the proposed Mitigated Negative Declaration 2007- 0008, approving the removal of 2 Live Oaks and 3 Blue Oaks, and approving Tentative Parcel Map 2006-0084 (AT 06-0047), a request to subdivide one lot totaling 2.33 gross acres into two (2) parcels containing 1.0 acres and 1.333 acres each, based PC Draft Minutes 06/05/07 Page 4 of 11 on findings and subject to conditions, with the additional conditions that a gate is kept in place to provide emergency access to the Fire Department only, and to clarify Condition No. 42 that all new utilities serving the project shall be installed underground along the project frontage and on the property, and it will be the city's responsibility to pay mitigation on trees #9 and 10. Motion passed 5:0 by a roll -call vote. 5. PLN 2099-0480, 5485 Olmeda Ave. Owners: Rodney & Deborah Madruga, 5495 Olmeda Ave., Atascadero, CA 93422 Project Title: PLN 2099-0480 / Tentative Parcel Map 2006-0083 Project 5485 Olmeda Avenue, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 029-292-016 Project The project consists of a proposed condominium map over an existing lot of record to create Description• two (2) airspace units on one common lot. The lot is developed with one single-family residence and one additional unit for proposed construction. General Plan Designation: MDR Zoning District: Residential Multi -Family -10 (Maximum 10 du/ac) Proposed Class 15 Categorical Exemption; Minor Land Divisions Environmental Determination: Assistant Planner Callie Taylor gave the staff report and answered questions of the Commission. PUBLIC COMMENT Russ Thompson, applicant's representative, addressed issues raised by the Planning Commission. He stated the applicant would like to leave the grass in place as it is a drought tolerant variety, and asked that the curb, gutter and sidewalk be waived, as it would be haphazard and won't fit in with the neighborhood. Rodney Madruga, applicant, stated he plans doing some painting and improvements to the front unit, and will make it compatible with the other units on the project. Ron Reisman stated he lives across the street from the proposed project and based on the applicant's prior work and improvements he believes this will be a good quality job. He indicated he would prefer looking at a lawn rather than drought resistant plants on this site, stated his biggest concern is parking, and asked that the curb, gutter and sidewalk not be done. PC Draft Minutes 06/05/07 Page 5 of 11 Chairperson O'Keefe closed the Public Comment period. Deputy Public Works Director David Athey explained why Public Works is requesting the street improvements. There was Commission discussion regarding the lawn and drought tolerant plants, and the issue of frontage improvements. MOTION: By Vice Chairperson Fonzi and seconded by Commissioner Jack to adopt Resolution PC 2007-0051 approving Tentative Parcel Map 2006-0083, a request to establish two (2) airspace units on one common lot, based on findings and subject to conditions of approval, and that these findings include that the paint and trim be compatible between the front and back unit, and that landscaping be at least somewhat uniform between the front and back unit with the exception that the applicant will work with staff regarding the placement and retention of grass on the front unit, and with the addition of the Conditions from staff that utilities along the new driveway shall be installed as shown on sheet C-2 providing a maximum distance between the utility trenches and tree No. 1, and air spade shall be required as recommended by the project arborist for trenching under tree No. 1. Motion passed 5:0 by a roll -call vote. Commissioner Heatherington stated she would make a stand for drought tolerant plants at some point. Chairperson O'Keefe stated she would not deny the project on the basis of the fact that there hasn't been more accommodation for the drought tolerant plants, which she believes is very important. 6. PLN 2006-1178, 10460 Portal Road Owner: Deborah Puma, 1408 Crown Way, Paso Robles, CA 93446 Applicant: Western Dairy Designers Associates, Inc., 316 West "F" Street, Suite 100, Oakdale, CA 95361 Project Title: PLN 2006-1178 / Amendment to building envelope on Lot 14 of TTM 2000-0001 Project 10460 Portal Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 054-192-033 Project The proposed project consists of an amendment to the existing building envelope which was Description: approved with TTM 2000-0001 (Rancho de Paraiso subdivision map.) The project proposes modifications to the primary building envelope, and proposes the addition of a second building envelope on the other side of the lot for a secondary unit. The average slope on site is approximately 19%. The main residence is proposed at 3,716 square feet with a 1,156 square -foot attached garage on a 12% slope. The second unit is proposed at 998 square PC Draft Minutes 06/05/07 Page 6 of 11 Assistant Planner Callie Taylor gave the staff report and answered questions of the Commission. PUBLIC COMMENT Dan Hile, applicant, spoke about the project and explained the living arrangements for the second unit. Dr. Hile answered questions of the Commission. David Avila, project design engineer, addressed issues raised by the Commission, and stated he did not believe they needed a biologist study on the blue line creek. Terry Otis stated he lives on the property bordering this property, and expressed concern that this project did not follow the rules as he is not permitted to build a second unit on his property. Dan Hile stated that when he purchased his property he spoke with Gary Larson and it was determined that there was nothing set forth to allow or disallow this project. Terry Otis stated there are CC&R's that apply to this property and the Commission should read those. He remarked that he bought his home because of the location of the building envelopes in this project. Chairperson O'Keefe closed the Public Comment period. Chairperson O'Keefe stated she had a problem with this proposal because when other property owners bought into this project they believed there would be no second units. She was concerned with setting a precedent and changing the character and property values of the neighborhood. Vice Chairperson Fonzi expressed concern with the garage, as she believed it was excessive, and stated she could approve this with a smaller garage. MOTION: By Commissioner Heatherington and seconded by Vice Chairperson Fonzi to adopt Resolution PC 2007-0049, certifying proposed Mitigated Negative Declaration 2007-0006, PC Draft Minutes 06/05/07 Page 7 of 11 feet with an 821 square foot attached garage/ storage space on a 17% slope. 1,200 cubic yards of cut and 815 cubic yards of fill is required. A blueline creek runs through the property between the two building envelopes. A pedestrian bridge is proposed across the blueline creek. No native tree removals are proposed. 7 Blue Oaks and Valley Oaks will be impacted by the construction of the residences and the septic system. Both residences will connect to a septic system which is designed as a seepage pit (deep pit) disposal system. General Plan Designation: Rural Estate (RE) Zoning District: Residential Suburban (RS) 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 Determination: from 5/16/07 through 6/4/07 at 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 answered questions of the Commission. PUBLIC COMMENT Dan Hile, applicant, spoke about the project and explained the living arrangements for the second unit. Dr. Hile answered questions of the Commission. David Avila, project design engineer, addressed issues raised by the Commission, and stated he did not believe they needed a biologist study on the blue line creek. Terry Otis stated he lives on the property bordering this property, and expressed concern that this project did not follow the rules as he is not permitted to build a second unit on his property. Dan Hile stated that when he purchased his property he spoke with Gary Larson and it was determined that there was nothing set forth to allow or disallow this project. Terry Otis stated there are CC&R's that apply to this property and the Commission should read those. He remarked that he bought his home because of the location of the building envelopes in this project. Chairperson O'Keefe closed the Public Comment period. Chairperson O'Keefe stated she had a problem with this proposal because when other property owners bought into this project they believed there would be no second units. She was concerned with setting a precedent and changing the character and property values of the neighborhood. Vice Chairperson Fonzi expressed concern with the garage, as she believed it was excessive, and stated she could approve this with a smaller garage. MOTION: By Commissioner Heatherington and seconded by Vice Chairperson Fonzi to adopt Resolution PC 2007-0049, certifying proposed Mitigated Negative Declaration 2007-0006, PC Draft Minutes 06/05/07 Page 7 of 11 approving an amendment to the location of the building envelope and the addition of a second building envelope on lot 14 of Tract 2396, based on findings and subject to conditions, with the added conditions that the applicant shall be required to record any necessary documents to establish the revised main building envelope and to add the second building envelope on the additional map sheet or as an addendum to the additional map sheet, and that the ordinary high water park on the blue line creek shall be identified and marked by a qualified civil engineer, and all building envelopes, the second unit, and any grading or excavation work shall be located outside of the 20 foot setback from the ordinary high water mark as identified by the civil engineer in that survey, and with a garage no larger than 500 square feet. Motion passed 4:1 by a roll -call vote. (O'Keefe opposed) Chairperson O'Keefe stated for the record she voted no because people who bought into the project made an investment and expected that there would not be second units, and she can see a proliferation. Chairperson O'Keefe recessed the meeting at 9:02 p.m. Chairperson O'Keefe called the meeting back to order at 9:10 p.m. 7. PLN 2007-1190, 9525 Galling Court Owners: Milan & Ruth Vrajich, 9525 Gallina Ct., Atascadero, CA 93422 Project Title: PLN 2007-1190 / Conditional Use Permit for a Residential Care Facility Project 9525 Gallina Court, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 054-272-025 Project The proposed project consists of an application for a Conditional Use Permit to allow 8 Description• residents in a residential care facility. The facility currently is licensed for 6 residents. The increase in the number of residents above 6 requires Conditional Use Permit approval. General Plan Designation: RE Zoning District: RS Proposed Environmental Notice of Exemption Determination: Associate Planner Kelly Gleason gave the staff report. PUBLIC COMMENT PC Draft Minutes 06/05/07 Page 8 of 11 Milan Vrajich, applicant, explained the reason for this request and answered questions of the Commission. Chairperson O'Keefe closed the Public Comment period. MOTION: By Commissioner Slane and seconded by Chairperson O'Keefe to adopt Resolution PC 2007-0048 approving PLN 2007-1190 (Conditional Use Permit) based on findings and subject to Conditions of Approval. Motion passed 5:0 by a roll -call vote. 8. PLN 2099-0730, 5493 Traffic Way Owner: City of Atascadero, 6907 EI Camino Real, Atascadero, CA 93422 Project Title: PLN 2099-0730 / Conditional Use Permit 2003-0092 Amendment Project 5493 Traffic Way, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 028-361-033 Project The proposed project consists of an application for an Amendment to Conditional Use Permit Description: 2003-0092 to allow an on-site Skate Park Facility. General Plan Designation: Industrial (1) Zoning District: Industrial (1) Proposed Environmental Consistent with Previously Filed Notice of Exemption dated June 17, 2003. Determination: Deputy Community Development Director Steve McHarris gave the staff report and answered questions of the Commission. Community Services Director Brady Cherry explained the history of the agreement with the concessionaire and of the improvements they have made at their own expense in the skate park. PUBLIC COMMENT Brady Cabe, skate park manager for Mobley's, explained how the hours and fees are handled at the park. Commissioner Jack thanked Mobley's for the outstanding job they have done at the park. Chairperson O'Keefe closed the Public Comment period. MOTION: By Chairperson O'Keefe and seconded by Commissioner Jack to adopt Resolution No. PC 2007-0046 approving Conditional PC Draft Minutes 06/05/07 Page 9 of 11 Use Permit 2003-0092 subject to the findings, conditions and exhibits as attached. Motion passed 5:0 by a roll -call vote. 3. 2006 FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM Deputy Public Works Director David Athey gave the staff report and answered questions of the Commission. PUBLIC COMMENT — None Commissioner Jack recommended the City Council seriously look at the unfunded, deferred maintenance projects in the parks system. MOTION: By Vice Chairperson Fonzi and seconded by Commissioner Jack to adopt Resolution PC 2007-0045 notifying the City Council that the Planning Commission has found the 2007 Five -Year Capital Improvement Program consistent with the General Plan, based on findings. Motion passed 5:0 by a roll -call vote. COMMISSIONER COMMENTS AND REPORTS Commissioner Jack announced he attended the Smart Growth Conference in Templeton and suggested there be a presentation or workshop for the Commission to help educate the public on smart growth. Community Development Director Warren Frace remarked that getting public support is key to getting this implemented, and staff can look into what can be done to educate the public as to smart growth concepts and how they apply to Atascadero. Commissioner Heatherington asked if staff had learned the name of the illegal grader on the Vista Road project. Director Frace said he spoke with geotechnical firm and they acknowledged they hired the contractor and were ultimately responsible. Staff does not have the name of the individual driving the bulldozer; however the firm is now clear on what the rules are. Vice Chairperson Fonzi asked about the excessive banners at Highway 41 and EI Camino Real. Director Frace state he would speak with code enforcement about the issue. Chairperson O'Keefe commented that the sandwich sign out front of Mobley's on the Traffic Way sidewalk, which doesn't appear to meet the requirements. Director Frace stated he would look into it. PC Draft Minutes 06/05/07 Page 10 of 11 Chairperson O'Keefe reported that Commissioner O'Grady had asked that the 5 -year capital improvement program be continued. DIRECTOR'S REPORT Community Development Director Warren Frace reviewed the agenda for the next Commission meeting and answered questions of the Commission. ADJOURNMENT Chairperson O'Keefe adjourned the meeting at 10:12 p.m. to the next regularly scheduled meeting of the Planning Commission on June 19, 2007. MINUTES PREPARED BY: Grace Pucci, Recording Secretary \\Cityhall\cdvlpmnt\— PC Minutes\PC Minutes 07\PC Minutes 06-05-07.doc PC Draft Minutes 06/05/07 Page 11 of 11 ITEM NUMBER: 2 DATE: 6-19-07 Atascadero Planning Commission Staff Report - Community Development Department Amendment of "No Build" area on Lot 4 of Tract Map 2002-0023 (Tract 2491) 8765 San Rafael Road (APN 056-362-004) (Hendricks) RECOMMENDATION(S): The Planning Commission: 1. Adopt Resolution No. PC 2007-0054 approving a request to amend the "No Build" area for Lot 4 of Tract 2491 (TTM 2002-0023) based on findings and subject to conditions. REPORT -IN -BRIEF: The Planning Commission originally approved Tentative Tract 2491 in October of 2003. Since that time, the developer has completed the conditions of approval, finaled the tentative tract map and sold the individual lots. Mr. Hendricks, purchaser of Lot 4 of Tract 2491, is now requesting to amend the "no build" area on Lot 4 to accommodate a revised driveway design. SITUATION AND FACTS: 1. Applicant/Owner: Robert and Tamara Hendricks 9811 Atascadero Ave, Atascadero, CA 93422 466-2481 2. Representative: Steve Hendricks, Atascadero, CA 93422 466-2481 3. Project Address: 8765 San Rafael Rd, Atascadero, CA 93422 4. General Plan Designation: RE (Rural Estate) ITEM NUMBER: 2 DATE: 6-19-07 5. Zoning District: RS (Residential Suburban with a minimum lot size of 2.78 to 3.034 acres gross) 6. Site Area: 3.7 acres 7. Existing Use: Vacant 8. Environmental Status: Consistent with Certified Negative Declaration 2003- 0033 Background: The Planning Commission originally approved Tentative Tract 2491 in October of 2003. Since that time, the developer has completed the conditions of approval, finaled the Tentative Tract Map and sold the individual lots. Mr. Hendricks, purchaser of Lot 4 of Tract 2491, is now requesting to amend the "no build" area on Lot 4 to accommodate a revised driveway design. The "no build" area was conditioned to reduce impacts to native trees and limit construction on 30 percent and greater slopes. ITEM NUMBER: 2 DATE: 6-19-07 Analysis: The site plan, as originally approved for Lot 4, showed a driveway with a maximum slope of 20% and approximately 40,751 square feet of "no build" area. The Amendment request would reduce the maximum slope of the driveway to 17% and place the area of the original driveway within the "no build" area, resulting in the addition of 3,000 square feet to the "no build" area. W Proposed driveway location ITEM NUMBER DATE: Revised "no build" area�s ♦ •r f N- r — No Build areas as originally approved 6-19-07 4 ITEM NUMBER: 2 DATE: 6-19-07 Proposed Driveway Location Approved Driveway Location As can be seen from the aerial view, the proposed relocation of the approved driveway will not increase impacts to native trees. Environmental Review: Consistent with certified Negative Declaration 2003-0033. Conclusion: As conditioned, the proposed Amendment is consistent with the overall subdivision design, the General Plan and the Zoning Ordinance. The parcel configuration remains consistent with the Subdivision Ordinance requirements and the size and shape of the lot remains unchanged. Staff recommends the Planning Commission approve the Amendment with conditions. FISCAL IMPACT: The Amendment will not impact the City's fiscal resources. ALTERNATIVES: 1. The Commission may approve the Amendment subject to additional or revised project conditions. The Commission's motion to approve needs to include any new or revised project conditions. ITEM NUMBER: 2 DATE: 6-19-07 2. The Commission may deny the amendment if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. ATTACHMENTS: Attachment 1 Location Map (General Plan & Zoning) Attachment 2 Amendment to Design Site Plan Attachment 3 Draft Resolution 2007-0054 ITEM NUMBER DATE: 6-19-07 ATTACHMENT 1: Location Map (General Plan and Zoning) TTM 2002-0023 San Rafael Road, East of Los Osos Road ITEM NUMBER DATE: 6-19-07 ATTACHMENT 2: Amendment to Design Site Plan TTM 2002-0023 San Rafael Road, East of Los Osos Road ITEM NUMBER: 2 DATE: 6-19-07 ATTACHMENT 3: Draft Resolution PC 2007-0054 Amendment to No Build Areas of Tract 2491, Lot 4 8765 San Rafael Road DRAFT RESOLUTION NO. PC 2007-0054 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO THE "NO BUILD" AREA OF TRACT 2491 TO FACILITATE THE CONSTRUCTION OF A DRIVEWAY 8765 SAN RAFAEL ROAD (APN 056-362-004) (HENDRICKS) WHEREAS, Robert and Tamara Hendricks, 9811 Atascadero Ave., Atascadero, CA 93422 (Applicant/Property Owner) applied for an Amendment to the "No Build" areas established with Tract Map 2491; and, WHEREAS, the proposed project has a General Plan Designation of Rural Estate (RE) and is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and, WHEREAS, the site is located in the Residential Suburban (RS) zoning district, which allows for the proposed use when certain findings are made; and, WHEREAS, the proposed amendment is consistent with the Certified Mitigated Negative Declaration 2003-0033 prepared for Tract 2491; and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Amendment of the "No Build" Area on Lot 4 of Tract 2491 on June 19, 2007 at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public. NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Mitigated Negative Declaration. The Planning Commission of the City of Atascadero finds: 1. The Proposed Amendment is consistent with Certified Mitigated Negative Declaration 2003-0033; and, 2. All mitigation measures of Certified Mitigated Negative Declaration remain in full force and effect. ITEM NUMBER: 2 DATE: 6-19-07 SECTION 2. Findings for approval of the Amendment. The Planning Commission finds as follows: 1. The proposed amendment, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The site is physically suitable for the type of development proposed. 3. The design and improvement of the proposed amendment will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 4. The amendment is consistent with the character of the immediate neighborhood. 5. The proposed amendment design and type of improvements proposed will not cause serious public health problems. 6. The proposed amendment will be accomplished without detriment to the adjacent properties. 7. The proposed amendment will not cause additional ingress/egress points on San Rafael Road. 8. The proposed amendment will not cause additional impacts to native trees. 9. The proposed amendment will allow for a decrease in the slope of the driveway. SECTION 3. Approval. The Planning Commission does hereby approve the Amendment to the "No Build" area on Lot 4 of Tract 2491, subject to the following Conditions and Exhibits: EXHIBIT A: Conditions of Approval EXHIBIT B: Amendment Exhibit ITEM NUMBER: 2 DATE: 6-19-07 On motion by Commissioner and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ADOPTED: ABSTAINED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary ITEM NUMBER DATE: 6-19-07 EXHIBIT A: Conditions of Approval Amendment to No Build Areas of Tract 2491, Lot 4 8765 San Rafael Road Conditions of Approval / Mitigation Monitoring Timing Responsibility Mitigation Program /Monitoring Measure TTM 2002-0023 (Tract 2491) PM: Parcel Map GP: Grading Prmt PS: Planning Services BP: Building Prmt BS: Building Services FD: Fire Department 8765 San Rafael Road T0: Temporary Occupancy PD: Police Department F0: Final Occupancy W City Engineer �: Wastewater PI: Public IImprovements FM: CA: City Attorney Final Map AMWC: Atascadero Mutual Water Company Planning Services Standard Planning Conditions 1. The approval of this application shall become final, subject Ongoing PS to 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 proposed Amendment. 3. The subdivider shall defend, indemnify, and hold harmless Ongoing CA the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the subdivision. Project Specific Conditions 4. Prior to issuance of grading/building permits, the FM PS applicant shall record additional documents, as necessary, to amend the additional map sheet recorded with Tract 2491. 5. All applicable conditions of approval from Tract 2491 remain in full force and effect for this amendment. Engineering Standard Conditions FM CE 4. The applicant shall be responsible for the relocation FM CE and/or alteration of existing utilities. ITEM NUMBER DATE: 6-19-07 Conditions of Approval / Mitigation Monitoring Timing Responsibility Mitigation Program /Monitoring Measure TTM 2002-0023 (Tract 2491) PM: Parcel Map GP: Grading Prmt PS: Planning Services BP: Building Prmt BS: Building Services FD: Fire Department 8765 San Rafael Road T0: Temporary Occupancy PD: Police Department F0: Final Occupancy W City Engineer � Wastewater PI: Public IImprovements FM: CA: City Attorney Final Map AMWC: Atascadero Mutual Water Company 5. The applicant shall install all new utilities (water, gas, FM CE electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. Engineering Project Specific Conditions 6. The accessway for Lot 4 shall be constructed in FO BS accordance with the City's Subdivision Ordinance and shall have a minimum paved width of 20 feet. 7. A road maintenance agreement shall be prepared for FM CE maintenance of the accessway to Lot 4. Prior to recordation, the agreement shall be reviewed by the City Engineer and City Attorney. Building / Fire Marshal: 1. Interior fire sprinklers will be required whenever the grade of GP FD/PS/BS accessways exceeds 16%. 2. All roads, accessways and driveways shall be built to Fire GP FD/PS/BS Department standards, including turnouts and/or turnarounds, as required. 3. All residential structures shall be within 800 feet of a fire GP FD/PS/BS hydrant as measured along the road and driveways. MITIGATION MEASURES Mitigation Measure 3.b.1: The project is conditioned to BS BS/PS 3.b.1 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: 6-19-07 Conditions of Approval / Mitigation Monitoring Program TTM 2002-0023 (Tract 2491) 8765 San Rafael Road Timing PM: Parcel Map GP: Grading Prmt BP: Building Prmt T0: Temporary Occupancy F0: Final Occupancy PI: Public IImprovements FM: Final Map Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department W City Engineer � Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company 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. • Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading ITEM NUMBER DATE: 6-19-07 Conditions of Approval / Mitigation Monitoring Program TTM 2002-0023 (Tract 2491) 8765 San Rafael Road Timing PM: Parcel Map GP: Grading Prmt BP: Building Prmt T0: Temporary Occupancy F0: Final Occupancy PI: Public IImprovements FM: Final Map Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department W City Engineer � Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Mitigation Measure should be sown with a fast -germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to revegatation should be stabilized using approved chemical soil BP PS 4.e.2 binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved BP PS 4.e.3 should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.e.1: The building permit site plan shall identify all BP PS 4.e.1 protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan. Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. Mitigation Measure 4.e.2: The Precise Grading Plan shall identify tree BP PS 4.e.2 protection fencing around the dripline of each existing on-site tree and/or native shrub mass within 20 feet of construction activity. Mitigation Measure 4.e.3: Grading and excavation and grading work BP PS 4.e.3 shall be consistent with the City of Atascadero Tree Ordinance. Special ITEM NUMBER DATE: 6-19-07 precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within the area of work shall be fenced for protection with 4 -foot chain link, snow, or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 4.e.4: An arborist's report shall be required prior to BP PS 4.e.4 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 4.e.5: The developer shall contract with a certified FO BS/PS 4.e.5 arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing shall be installed for inspection during the meeting. (c) As specified by the arborist report and City staff: ■ Prune all trees to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ All trenching or grading within the protected root zone area, 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. ■ Apply any additional recommendations of the project 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. ITEM NUMBER DATE: 6-19-07 Mitigation Measure 6.b.1: All disturbed areas, not shown on the project BP BS/PS 6.b.1 landscape plan for landscaping shall be hydroseeded with a native seed mix. Erosion control measures shall include an erosion control blanket for all 2:1 fill slopes. Affected areas that previously contained native shrubs and vegetation shall be replanted with similar plant species per the approved landscape plan. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked out on to EI Monte Rd and/or the private access drive by construction vehicles. Mitigation Measure 6.b.2: The grading permit application plans shall BP BS/PS 6.b.2 include 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.1: A soils report shall be required to be BP BS 6.c.d.1 submitted 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. The property contains no unusual geological formations. Mitigation Measure 6.e.1: Percolation tests are required in the City of BP BS 6.e.1 Atascadero before building permits for residences can be issued. Mitigation Measure 11.d.1: All construction activities shall comply with BP BS/PS 11.d.1 the 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 Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors may modify the hours of construction. 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. Staff shall approve the details of such a sign during the Grading Plan/Building Permit review process. ITEM NUMBER: 2 DATE: 6-19-07 EXHIBIT B: Amendment to "No Build' areas of Tract 2491, Lot 4 8765 San Rafael Road Dp 11QINX3 lN3WN91Ttl3N AtlM3NtJO I ' r 3ON30IS311 G"UON7N P 101 —i� – d l [ZOPi00Z VW _ _- F: ...,..... ,.,.... 5!. I 8dd pro,:•_.:•_. I Flag Portion of Lot 4 0 3 ZO ~ z Z Q i S .: O O 9q Oma_ Z ~ W b o l o EY E w z ? Z w C w l l I a4a�w p �§ � V a $-i§.. Parcel 4 3.78 Acres Gross Driveway +� Relocated Area I 8dd pro,:•_.:•_. I Flag Portion of Lot 4 ITEM NUMBER: 3 DATE: 6-19-07 Atascadero Planning Commission Staff Report — Community Development Department Time Extension TTM 2005-0071 6901 & 6905 EI Camino Real and 6999 Santa Ysabel Avenue (Colony Square LLC) SUBJECT: Consideration of a one-year Time Extension for Tentative Tract Map 2005-0071. RECOMMENDATION: Staff Recommends: Adopt Resolution PC 2007-0056, thereby approving a one-year Time Extension of Tentative Tract Map 2005-0071 in compliance with Sections 11-4.23(a) and 11-4.33(b) of the Subdivision Ordinance. SITUATION AND FACTS: 1. Owner: Colony Square, LLC, 205 E. Carrillo, Suite 220, Santa Barbara, CA 93101 2. Project Address: 6901 & 6905 EI Camino Real and 6999 Santa Ysabel Ave., Atascadero, CA 93422 APN: 029-361-018, 020, 022 3. General Plan Designation: DC (Downtown Commercial) 4. Zoning District: D (Downtown) 5. Existing Use: Commercial 6. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0020 DISCUSSION: Background: On August 16, 2005, the Planning Commission approved the Colony Square project allowing a mixed-use development on a 5.9 -acre site which includes 67 residential units; 75,230 square feet of retail/restaurant space; a 35,000 square foot 10 -screen movie theater; and 17,100 square feet of office space. Due to negotiations with the City Redevelopment Agency regarding the new City Hall Annex (former bowling alley) property, the applicant was required to delay processing of the Vesting Tentative Tract Map. Since that time, the Tract Map application has been deemed complete and is being processed to allow a land exchange between the Redevelopment Agency and the developer, and further subdivide the property to allow individual ownership of buildings. Analysis: The Subdivision Map Act mandates an initial two-year life and, by local ordinance, the City can extend that initial life up to an additional 12 months. Additionally, the City may extend the time at which the map expires for a period or periods not to exceed a total of five years, (these are discretionary extensions). The application for the extension must be filed prior to the expiration date. The Planning Commission has discretion on whether they want to extend the map, or they can 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 policies. Staff is not recommending any modifications with this Time Extension. Map History: Original Approval Expiration Time Ext. #1 New Expiration August 16, 2005 August 16, 2007 August 16, 2008 CONCLUSION: The City Council found the proposed Tract Map, as conditioned, consistent with the 2002 General Plan and Zoning Ordinance and the lot configurations are 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, General Plan, and Zoning Map Attachment 2 — Adopted Resolution 2005-0049 Attachment 3 — Draft Resolution 2007-0056 ATTACHMENT 1: Location, General Plan, and Zoning Map Existing Designations: -General Plan: Downtown Commercial -Zoning District: Downtown Proposed Designations: -General Plan: Downtown Commercial -Zoning District: Downtown ATTACHMENT 2: Adopted Resolution 2005-0049 See Attachment ATTACHMENT 3: Draft Resolution PC 2007-0056 DRAFT RESOLUTION NO. PC 2007-0056 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A ONE-YEAR TIME EXTENSION OF TENTATIVE TRACT MAP 2005-0071 6901 & 6905 El Camino Real and 6999 Santa Ysabel Avenue (Colony Square LLC) WHEREAS, the applicant, proposes a Time Extension for a project consisting of a residential/commercial/mixed-use project consisting of a Conditional Use Permit (Master Plan of Development) with a corresponding and Vesting Tentative Tract Map on a 8.14 -acre site located at 6905 El Camino Real (APN 029-361-018, 020, 022 ); and, WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on August 16, 2005, studied and adopted studied and considered Tentative Tract Map 2005-0071, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1: Findings for approval of the time extension: The Planning Commission of the City of Atascadero 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: Approval: The Planning Commission of the City of Atascadero does hereby approve a one-year time extension of TTM 2005-0071, to expire on August 16, 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: 4 DATE: 6-19-07 Atascadero Planning Commission Staff Report - Community Development Department Tree Removal Permit PLN 2007-1213/TRP 2007-0105 2300 EI Camino Real (197 Property Investment, LLC / Mission Oaks, LLC) SUBJECT: A request to remove one (1) Coast Live Oak tree totaling 29" inches (dbh) found to be healthy by a Certified Arborist. The tree is located in a parking lot of the Mission Oaks (formerly Factory Outlets) Shopping Center. RECOMMENDATION: The Planning Commission has the following options: 1. The Planning Commission finds that the tree is interfering with existing structures and adopt PC Resolution 2007-0055 to approve the request to remove one (1) 29" dbh native oak tree subject to findings and conditions of approval. -Or- 2. The Planning Commission may deny the request for the tree removal. Situation and Facts: 1. Owner/Applicant: 197 Property Investment, LLC, Mission Oaks, LLC, 505 Higuera St., Suite 105, San Luis Obispo, CA 93401 2. Certified Arborist: Elder & Elder Ltd, 1207 Grassy Hollow Way, Paso Robles, CA 93446 4. Project Address: 2300 EI Camino Real, Atascadero, CA 93422 APN: 049-141-056 ITEM NUMBER: 4 DATE: 6-19-07 BACKGROUND: Factory Outlet Center was originally approved with CUP 04-1991. During the past year the Factory Outlets has undergone a change in ownership and a change in market strategy by exterior remodeling improvements such as new signage, colors and architectural design elements and changing the center name to Mission Oaks. 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 a Tree Removal to meet the needs of these larger tenants. ANALYSIS: The applicant has provided a Tree Report Field Evaluation Form from an Arborist that describes the 29" tree as in good health with an Appearance Rating (A) out of a scale of (A,B,C,D,E). According to the applicant, the above -listed new tenants believe that the tree is visually interfering with the visibility of the existing structures and storefronts, and have requested it to be removed prior to making long-term commitments. Based on this analysis of the current condition of the tree, staff has identified finding (iii) listed below as compliant to this request, permitting the Planning Commission to make a required finding for the removal of the 29" Live Oak tree. If the requested removal is approved, the applicant will be required to mitigate the removal based on the requirements listed in the Atascadero Native Tree Ordinance as shown in the chart below. Evergreen Native Trees (inches) Deciduous Native Trees (inches) I Totals dbh 1 29 -inches 2 3 4 5 6 Total 29 -inches Mitigation Requirement req'd tree replacements: Proposed Replanting notes 10 five gal trees 0 five gal trees 0 box trees (24") dbh notes 1 2 3 4 5 6 Total 0 -inches req'd tree replacements: Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees (24") 29 -inches 10 five gal trees 0 five gal trees 0 box trees (24" Remaining Mitigation 10 five gal trees Remaining Mitigation 0 five gal trees 1 10 five gal trees Tree Fund Payment: $ 483.33 Tree Fund Payment: $ - 1 $ 483.33 ITEM NUMBER: 4 DATE: 6-19-07 FINDINGS: Pursuant to the Tree Ordinance (Ordinance No. 214), "decisions on native tree removals of 24 -inch dbh-size or larger shall be made by the Planning Commission." In considering any Tree Removal Permit request, at least one of the findings must be made. I. The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an arborist; II. The tree is crowded by other healthier native trees; thinning (removal) would promote healthier growth in the trees to remain, as certified by a tree condition report from an arborist; III. The tree is interfering with existing utilities and/or structures, as certified by a report from the site planner; IV. The tree is inhibiting sunlight needed for existing and/or proposed active or passive solar heating or cooling, as certified by a report from the site planner; V. 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: a. Early consultation with the City, b. Consideration of practical design alternatives, c. Provision of cost comparisons (from applicant) for practical design alternatives, d. If saving tree eliminates all reasonable use of the property, or e. Saving the tree requires the removal of more desirable trees. ALTERNATIVES: 1. The Planning Commission can refer the project back to the applicant and staff for additional information. 2. The Planning Commission can deny the tree removal. CONCLUSION: The applicant is proposing one 29" dbh Coast Live Oak tree that has been deemed healthy by a Certified Arborist. The tree is currently located in the Mission Oaks shopping center parking lot. Staff is providing a choice of recommending approval or denial for tree removal. ITEM NUMBER: 4 DATE: 6-19-07 PREPARED BY: Steve McHarris, Deputy Director ATTACHMENTS: Attachment 1: Project Location Attachment 2: Tree Report Field Evaluation Form Attachment 3: Draft Resolution PC 2007-0055 ITEM NUMBER: DATE: 6-19-07 Attachment 1: Project Location Zoning: CPK (Commercial Park) General Plan Designation: CPK (Commercial Park) Project Site: 2300 EI Camino Real ITEM NUMBER: 4 DATE: 6-19-07 Attachment 2: Tree Report Field Evaluation Form cltdw st. 45tcier ra Landscape Architecture • Recreation & Site Planning •Arbariculture 1207 Grussr-1101/011 Win- • El Paso de Rubles. ('A 93446 • /805)138-3'50 TREE REPORT FIELD EVALUATION FORM TRE tag/ma� ! aV .I , HERITAGE TREE? Yes i rvo i SPECIES: Querc agrifolia bata, berberidifolia, dumosa, dougtasii l— er: PHYSICAL STRUCTURE: No. of trunks: Ir Diameter at 4.5' above grade (inches) nC r Extent Of Drip 'L�ie" (Feeth� N: S: �✓ E: 2-7 W: { Minimum Clearance From Ground (Feet): N. W S: E: k W: ,015 Total Height (Estimate) Feet: f� BrokenlDead Branches: 1�-tgv Trunk/Branch Cavities i! APPEARANCE RATING: A C D E SETTING:: T4KO -7 C AT—v— PICTURE: HEALTH: Fungal Fruiting Bodies:one low Medium High Tip Dieback: onelow Medium High Exfoiiating Bark. NoneBranch Tip Growth: None Medium i h Crown Thinning. �oy Low Medium -High Comments: INSECTSIPARASITES: Twig girdiers one Low MediumHigh Location. Branches Trunk Woodborers None9w, MediumHigh Location: Pit Scales: Corte BranchesTrus Low Medium High Tocation: Branches Galls: None �Trunk�`, Medium High Mistletoe: ne CN, Low Medium High INJURIES: Browse Damage: Yes Fire Damage: Yes 11 Fresh Breaks: Yes 1000- Root Damage/Exposure. Yes J GENERAL VIGOR ASSESSMENT i Tee Surveyor Dale of Survey ITEM NUMBER: 4 DATE: 6-19-07 Attachment 3: Draft Resolution PC 2007-0055 DRAFT RESOLUTION PC 2007-0055 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING TREE REMOVAL PERMIT 2007-0105 TO ALLOW THE REMOVAL OF ONE NATIVE TREE LOCATED AT 2300 EL CAMINO REAL APN 049-141-056 (TRP 2007-0105) WHEREAS, an application for a Tree Removal Permit has been received from 197 Property Investment, LLC and Mission Oaks, LLC, 505 Higuera St., Suite 105, San Luis Obispo, CA 93401, Property Owner and Applicant, to allow the removal of one native oak tree totaling 29" dbh located at 2300 El Camino Real, APN 049-141-056, and, WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on June 19, 2007, and considered testimony and reports from staff, the applicants, and the public; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of Tree Removal Permit. The Planning Commission finds as follows: The tree is interfering with existing utilities and/or structures, as certified by a report from the site planner SECTION 2. Approval. The Planning Commission hereby approves Tree Removal Permit 2007-0105 subject to the following: Exhibit A: Conditions of Approval Exhibit B: Site Plan ITEM NUMBER: 4 DATE: 6-19-07 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: 4 DATE: 6-19-07 Exhibit A: Conditions of Approval Tree Removal - TRP 2007-0105 Conditions of Approval Timing Responsibility Mitigation TRP 2007-0105 /Monitoring Measure 2 PR: dorm Removal PS: Planning Services 2300 EI Camino Real BL: Business License BS: Building Services 4 BP: Building Permit FD: Fire Deparment 5 TO: Temporary Occupancy PD: Police Department 6 F0: Final Occupancy CE: City Engineer Total 29 -inches WW: Wastewater Mitigation Requirement CA: City Attorney Planning Services 10 five gal trees req'd tree replacements: 0 five gal trees 1. The applicant shall mitigate the removal of the trees in PR PS 0 five gal trees accordance with the requirements of the Atascadero 0 box trees (24") 0 box trees (24") Native Tree Ordinance. Evergreen Native Trees (inches) Deciduous Native Trees (inches) dbh notes dbh notes 1 29 -inches 1 2 2 3 3 4 4 5 5 6 6 Total 29 -inches Total 0 -inches Mitigation Requirement req'd tree replacements: 10 five gal trees req'd tree replacements: 0 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 box trees (24") 0 box trees (24") Remaining Mitigation 10 five gal trees Remaining Mitigation 0 five gal trees Tree Fund Payment: $ 483.33 Tree Fund Payment: $ Totals 29 -inches 10 five gal trees 0 five gal trees 0 box trees (24") 10 five gal trees $ 483.33 Exhibit B: Proposed Site Plan Tree Removal - TRP 2007-0105 ITEM NUMBER: 4 DATE: 6-19-07 W z z w x E- E - x 0 z 0 29" Coast Live Oak Tree — Approved for removal ITEM NUMBER: DATE: 6-19-07 TO BE CONTINUED TO A DATE UNCERTAIN PLN 2099-1002,5190 PORTOLA ROAD Owner/Applicant: Ed Nolan 5190 Portola Rd, Atascadero, CA 93422 Project Title: PLN 2099-1002 / ZCH 2004-0091 / CUP 2004-0140 / TPM 2004-0057 Project 5190 Portola Road, Atascadero, CA 93422 Location: San Luis Obispo County APN 054-051-021 Project The proposed project consists of an application for a Planned Development 16 to split a 3.02 Description: gross acres lot with an existing single family residence into two lots. One lot would be 1.52 gross acres and the other would be 1.50 gross acres. Also, located on the 1.50 acres lot, the project proposes a new, 2205 square foot single-family residence. The project proposes approximately 8,418 square feet of open space. General Plan Designation: Single Family Residential (SFR -Z) Zoning District: Residential Single Family (RSF-Z) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The proposed Mitigated Negative Declaration is available for public review at 6907 EI Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday Determination: through Friday. \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- ZCH - Zone Change\ZC 04\ZCH 2004-0091 5190 Portola Road\PC To Be Continued to a Date Uncertain.am.doc