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HomeMy WebLinkAboutPC_2007-07-17_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, July 17, 2007 — 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson O'Keefe Vice Chairperson Fonzi Commissioner Jack Commissioner O'Grady Commissioner Slane Commissioner Marks Commissioner Heatherington Chairperson will read the decorum guidelines PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, tentative subdivision maps, parcel maps, variances, conditional use permits, and planned development permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda) City of Atascadero Planning Commission Agenda CONSENT CALENDAR Regular Meeting July 17, 2007 Page 2 of 5 (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 19, 2007. COMMUNITY DEVELOPMENT STAFF REPORTS 2. PLN 2007-1219, TREE REMOVAL PERMIT 2007-0111,8200 EL CAMINO REAL Owners: Camino-Curbaril Assoc. L.P., c/o Halftery Management, 199 S. Los Robles #840, Project Title: Pasadena, CA 91101 New Albertsons Inc., 250 Parkcenter Blvd., Boise ID 83726 Applicant: Rainscape, A Landscape Service Company, PO Box 4132, San Luis Obispo, CA 93403 Certified Arborist: Steve Franzmann, Greenvale Tree Co., 16515 Morro Road, Atascadero, CA 93422 Project Title: PLN 2007-1219/TRP 2007-0111 Tree Removal Project 8200 EI Camino Real (Albertson's Shopping Center), Atascadero, CA 93422 Location: APN 056-031-062 (San Luis Obispo County) Project A request to remove one (1) Coast Live Oak tree totaling 42" inches (dbh) found to be dead Description: by a Certified Arborist, located in a parking lot of the Albertson's Shopping Center. 3. PLN 2006-1150, 5350 ARDILLA ROAD TREE REMOVAL PERMIT AND PRECISE PLAN Owner/Applicant: Rex Bennett, 26855 Montseratt Ct., Murrieta, CA 92563 Project Title: PLN 2006-1150/Precise Plan 2006-0216/Tree Removal Permit 2007-0108 Single -Family Residence on slopes greater than 10% & Tree Removal Permit Project 5350 Ardilla Road, Atascadero, CA 93422 (San Luis Obispo County) 030-261-019 Location: Project The project consists of an application to construct a 2,135 square -foot, two story single- family residence with a 703 square -foot attached garage on an existing lot of record. The Description: average slope at the building site is 39%. Retaining walls have been incorporated in order to reduce the amount of cut and fill as well as tree removals. An estimated 562 cubic yards of cut and 547 cubic yards of fill will be required. The driveway for the residence will cross a drainage swale with a proposed culvert. 30 native Live Oaks & Valley Oaks totaling 387 inches DBH are proposed for removal. The residence will take access off Ardilla and connect to City sewer. General Plan Designation: SFR -Z Zoning District: RSF-Z Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The Certified Mitigated Negative Declaration is available for public review at 6907 EI Camino Real, Community Development Department from 8:00 a.m. to 5:00 p.m., Determination: Monday through Friday. City of Atascadero Planning Commission Agenda 4. PLN 2006-1133 ANNUAL HOUSING REPORT Regular Meeting July 17, 2007 Page 3 of 5 The State of California requires all cities to file an Annual Housing Report to the Department of Housing and Community Development (HCD). The purpose of the Housing Report is to monitor the implementation of the City's General Plan Housing Element and progress toward meeting the City's Regional Housing Needs Allocation (RHNA). 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).) 5. PLN 2007-1201, 5440 TRAFFIC WAY, HABITAT FOR HUMANITY Owner/Applicant: Habitat for Humanity for San Luis Obispo County, P.O. Box 613, San Luis Obispo, CA 93406 Project Title: PLN 2007-1201/ZCH 2007-0136, ZCH 2007-0137/CUP 2007-0209/TPM 2007-0088 Project 5440 Traffic Way, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 029-062-013 Project The proposed project consists of an application for a Planned Development 30 to create a Description: small lot subdivision consisting of 4 lots on an approximately .22 acre lot with an existing Single -Family Residence. The existing residence will be removed and two duplex buildings will be constructed, resulting in a total of 4 living units. There are three native trees on the project site, two of which are proposed for removal. The project will utilize City wastewater facilities and will be served by Atascadero Mutual Water Company. 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. COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT COUNCIL AND COMMISSION CHAIRS MEETING UPDATE City of Atascadero Planning Commission Agenda ADJOURNMENT Regular Meeting July 17, 2007 Page 4 of 5 The next regular meeting of the Planning Commission will be on August 7, 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 July 17, 2007 Page 5 of 5 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: 7-17-07 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, June 19, 2007 — 7:00 P.M. Chairperson O'Keefe called the meeting to order at 7:00 p.m. and Commissioner Marks led the Pledge of Allegiance. ROLL CALL Present: Commissioners Heatherington, Jack, Marks, O'Grady, Slane, Fonzi, and Chairperson O'Keefe. Absent: None Others Present: Recording Secretary Grace Pucci Staff Present: Community Development Director Warren Frace, Public Works Director / City Engineer Steve Kahn, Deputy Community Development Director Steve McHarris, and Associate Planner Kerry Margason. Chairperson O'Keefe read the decorum guidelines. PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA MOTION: By Commissioner Jack and seconded by Vice Chairperson Fonzi to approve the agenda. Motion passed 7:0 by a roll -call vote. PC Draft Minutes 06/19/07 Page 1 of 6 DISCLOSURE OF EX PARTE COMMUNICATIONS: ■ Commissioner Marks stated he visited the Mission Oaks site. ■ Vice Chairperson Fonzi stated she had visited all sites on the agenda. ■ Chairperson O'Keefe stated she visited all sites but did not speak to any of the applicants. Chairperson O'Keefe stated for the record that Commissioners do not have to reveal or state anything when they visit a site. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JUNE 5, 2007. 2. PLN 2099-0060, 8765 SAN RAFAEL ROAD owneeAppiicant: 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 trees. General Plan Designation: RE (Rural Estate) 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: Items pulled: Chairperson O'Keefe, Item #2. MOTION: By Vice Chairperson Fonzi and seconded by Commissioner Jack to approve Items # 1 and 3 Motion passed 5:0 by a roll -call vote. (O'Grady, Marks abstained) Vice Chairperson Fonzi and Commissioner Jack agreed to withdraw the motion and reopen Item #3. PC Draft Minutes 06/19/07 Page 2 of 6 Item #2: Chairperson O'Keefe questioned why this was on the consent calendar. Associate Planner Kerry Margason explained that when the item was originally scheduled, staff anticipated a full agenda and thought the proper place for the item was on the consent agenda. Ms. Margason answered questions of the Commission. MOTION: By Vice Chairperson Fonzi and seconded by Commissioner O'Grady to approve Item # 2. Motion passed 7:0 by a roll -call vote. MOTION: By Commissioner Heatherington and seconded by Vice Chairperson Fonzi to approve Item #1. Motion passed 5:0 by a roll -call vote. (Marks, O'Grady abstained) 3. PLANNING COMMISSION TIME EXTENSION ON TTM 2005-0071, PLN 2099- 0904, 6901 & 6905 EL CAMINO REAL (HARRISON) Item #3: Commissioner O'Grady asked for an update on Colony Square. PUBLIC COMMENT Jim Harrison, applicant, gave an update on the Colony Square project and stated the main delay had to do with a reevaluation of the soils and structural engineering. He explained the project would be completed in evolving phases, constructing one part before moving on to another, and estimated it would take 2 '/2 to 3 years to complete the project at this point. Mr. Harrison answered questions of the Commission. Chairperson O'Keefe closed the Public Comment period. MOTION: By Vice Chairperson Fonzi and seconded by Commissioner Slane to approve Item #3. Motion passed 7:0 by a roll -call vote. 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: PC Draft Minutes 06/19/07 Page 3 of 6 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. Deputy Community Development Director Steve McHarris gave the staff report. PUBLIC COMMENT Carol Florence, principal planner representing the applicant, explained the reasons for the request and asked for a modification to the mitigations to provide 10, 15 gallon trees rather than 5 gallon trees, and allowing the applicant to donate those trees to a city park or another project in the city rather than planting on site. Ms. Florence answered questions of the Commission and stated if it were more appropriate the applicant would pay mitigation fees for the tree removal. Tom Murrell, co-owner of the shopping center, gave a brief history of the center, its declining sales tax revenue, his efforts to revitalize the center and the reason for requesting the tree removal, which was to provide additional parking in front of a potential candidate's store. Mr. Murrell answered questions of the Commission. Ann Fletcher commented that the area where the tree is located could be considered an asset to the center, and made several suggestions including installation of benches for eating or waiting, and bike racks to encourage bicycling. Chairperson O'Keefe closed the Public Comment period. Commissioner Heatherington stated she could not support cutting a tree for providing parking spaces, and expressed disappointment that the proposed tenant would not consider coming to this site because of a tree. MOTION: By Commissioner O'Grady and seconded by Commissioner Slane finding that the tree is interfering with needed additional parking and therefore adopts PC Resolution 2007-0055 to approve the request to remove one (1) 29" dbh native oak tree subject to findings and conditions of approval, and that the tree is removed contingent upon the removal facilitating additional parking, and that bike racks be added. Motion passed 5:1 by a roll -call vote. (Heatherington opposed, O'Keefe abstained) PC Draft Minutes 06/19/07 Page 4 of 6 PUBLIC HEARINGS 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 EI Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday Determination: through Friday. COMMISSIONER COMMENTS AND REPORTS Commissioner Heatherington commented that there had been a lot of press lately about development fees and those who owe money and asked staff to give a rundown on how fees are tracked. Chairperson O'Keefe asked for clarification on the issue of age requirements in the De Anza Estates project. Community Development Director Warren Frace explained that the De Anza Estates project was approved in 2003 as a planned development subdivision and included a senior cottage project of 60 individual detached units, deed restricted to occupants of 55 years and older. The developer, Kelly Gearhart, applied for 60 separate building permits, and all were issued individually over a period of 1 year. The City has a provision that allows developers to ask to defer the fees. On this project the total fees were approximately $13,500 per dwelling unit, and the developer was allowed to defer the fees on all 60 units to finalization of the permit. Five units were finaled, the deferred fees paid, and the people moved in. The developer requested an extension on the permits for the remaining units as sales were slow. This request was granted and the permits were valid to Aug 14th, 2007. In early May staff received information that people were moving into the project, despite the majority of the permits not being finaled. Inspectors verified through a visual inspection that people had moved in, and estimated that 44 units were possibly occupied. A letter was sent to the developer on May 8th PC Draft Minutes 06/19/07 Page 5 of 6 requesting final inspections and payment of outstanding capital facility fees. The developer contacted staff the following week and requested an extension to procure the funds for the capital facility fees and final the project. The City Attorney then sent the developer a letter granting the extension on the basis that the $409,500 in outstanding capital facility fees were due before the project was finaled. The fee amount became an issue because staff was uncertain how many units were actually occupied. Since that time staff had double checked the fees and the original calculation was correct, however the developer did not owe the entire amount on the date specified in the letter from the City Attorney. Regarding verification of the age of the occupants, staff has been in contact with the applicant and the City Attorney is working with developer's attorney on a mechanism to verify the ages of all the occupants in the project. Chairperson O'Keefe expressed concern that those who moved into the homes in the De Anza project had paid a deposit and if they are not 55 and older they will have to move and might not get their deposit back. She suggested it would be appropriate that there be a report written to clarify the issue for the public, and stated the City should have a mechanism in place for tracking this type of development. Commissioner Heatherington asked if staff could work with those who provide propane to deny hook up until the final permit has been issued. Director Frace stated that staff is looking into that possibility. DIRECTOR'S REPORT Community Development Director Warren Frace reminded the Commission that their next meeting is July 17`", and reviewed the agenda for that meeting. Public Works Director Steve Kahn announced that a town hall meeting is planned for July 31st, with participation by the City Council, Planning Commission, Parks and Recreation Commission, and the public and will provide an overview of the streetscape project. Director Kahn answered questions of the Commission. ADJOURNMENT Chairperson O'Keefe adjourned the meeting at 8:44 p.m. to the next regularly scheduled meeting of the Planning Commission on July 17, 2007. MINUTES PREPARED BY: Grace Pucci, Recording Secretary PC Draft Minutes 06/19/07 Page 6 of 6 ITEM NUMBER: 2 DATE: 7-17-07 Atascadero Planning Commission Staff Report - Community Development Department Tree Removal Permit PLN 2007-1219 8200 EI Camino Real (Albertson's Shopping Center) (Camino-Curbaril Assoc. L. P. / New Albertsons Inc.) SUBJECT: A request to remove one (1) Coast Live Oak tree totaling 42" inches (dbh) found to be dead by a Certified Arborist. The tree is located in the Albertson's Shopping Center parking lot. RECOMMENDATION: Staff recommends that the Planning Commission: 1. Adopt Resolution PC 2007-0059 to approve the request to remove one (1) 42" dbh Coast Live Oak tree subject to findings and conditions of approval. Situation and Facts: 1. Owner(s): Camino-Curbaril Associate L. P. in care of Halferty Management, 199 S. Los Robles #840, Pasadena, CA 91101 / New Albertsons Inc, 250 Parkcenter Blvd., Boise, ID 83726 2. Applicant: Rainscape, A Landscape Service Company P.O. Box 4132, San Luis Obispo, CA 93403 3. Certified Arborist: Steve Franzmann, WC # 941, Greenvale Tree Co., 16515 Morro Rd, Atascadero, Ca 93422 4. Project Address: 8200 EI Camino Real, Atascadero, CA 93422 APN: 056-031-062 ITEM NUMBER: 2 DATE: 7-17-07 BACKGROUND: Conditional Use Permit 97-013, approved January 4, 2000, permitted a retail shopping center containing three building and two buildings pads totaling 72,358 square feet. The project site, which contains approximately 8.99 acres, is located between the US 101 Freeway and EI Camino Real. The property is bounded on the north by Curbaril Avenue and on the south by the existing Food-4-Less/Longs Drugs Shopping Center. ANALYSIS: The applicant has provided a Tree Report Field Evaluation Form from a Certified Arborist that describes the 42" tree as dead with a Hazard Rating (11) out of a scale of (1-12). ITEM NUMBER: 2 DATE: 7-17-07 MITIGATION: As a commercial center, parking lot landscaping is required by Municipal Code Section §9-4.124. Landscaping, screening, and fencing were included in the approved CUP. The existing oak was included in the approved landscaping plan therefore staff is recommending that the tree be replaced with a box sized live oak tree that is consistent with the approved landscape design (Condition 1). 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. Based on this analysis of the current condition of the tree, staff has identified finding (i) listed below as appropriate for this requested removal. 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. CONCLUSION: The applicant is proposing to remove one, 42" dbh Coast Live Oak tree that has been deemed dead by a Certified Arborist. The tree is currently located in the Albertson's Shopping Center parking lot. Staff is recommending approval for tree removal, with conditions for replacement. ITEM NUMBER DATE: 7-17-07 ALTERNATIVES: 1. The Planning Commission can refer the project back to the applicant and staff for additional information. 2. The Planning Commission can approve the requested tree removal. 3. The Planning Commission can deny the tree removal. PREPARED BY: Mathew Fawcett, Planning Technician ATTACHMENTS: Attachment 1: Project Location & Aerial Attachment 2: Tree Report Field Evaluation Form Attachment 3: Draft Resolution PC 2007-0059 ITEM NUMBER: 2 DATE: 7-17-07 Attachment 1: Project Location and Aerial Zoning: CR (Commercial Retail) General Plan Designation: GC (General Commercial) r +►- x- V 04 .41 r �h #6 t '� _ •. •���.' "fir... ..� �� t Proposed tree removal and !'--_ Y_ replacement location. ITEM NUMBER: 2 DATE: 7-17-07 Attachment 2: Tree Report Field Evaluation Form (5A R,�graphic Guide to the Evaluation of 1-� rd Trees in Urban Areas TREE HAZARD EVALUATION FORM 2nd Edition SAPJAddress: C ( Cbn;s, WARD RATING: Map/Lomtion: owner. public private unknown other Date: 6 otD O 7 Inspector. Date of last inspection: TREE CHARACTERISTICS -Y-_+ 3 + `/ . // Failure + Size + Target - Hatard Potential of part Rating Rating X Immediate action needed Needs further inspection Dead tree Tree F. Species; 0e. - 144,41,%f- DOH: feftrrrt: Heist: y° SPS: °� JUN 21 2007 Foran: X generally symmetric ❑ minor asymmetry ❑ major asymmetry ❑ stump sprout O stag -headed i Crown dass: JR) dominant ❑ co -dominant ❑ intermediate ❑ suppressed Live crown ratio: 5- % Age dans: ❑ young ❑ semi-mabre O mature E(I over-rhaturelsenescet Pruning history: locrown cleaned ❑ excessively thinned Mopped! O crown raised O pollarded O cram reduced ❑ flush arts O cabled/braced ❑ none ❑ muttiple pruning events Approx. dates; Special Value: ❑ specimen ❑ heritagelhistoric O wildlife ❑ unusual $I street tree O saw ❑ shade O indigenous ❑ protected by gov. agency TREE HEALTH Foliage color: ❑ normal ❑ chlorotic O necrotic Epicormics? Y N Growth obstrumons: Foliage density: O normal W sparse Leaf size: ❑ normal ❑ small ❑ stakes O wirerdes ❑ signs ❑ cab:es Annual shoot growth: ❑ excellent ❑ average ❑ poor Twig Dieback? Y N ❑ curbipaverrent O guards Waundwood development ❑ excellent ❑ average ❑ poor ❑ none O other Vigor Bass: ❑ excellent O average ❑ fair ,;spoor Major pestsidiseases: SITE CONDITIONS Site Character: ❑ residence 10 commercial ❑ industrial ❑ park ❑ open space ❑ natural ❑ woodlandlforest Landscape type: ❑ parkway g raised bed ❑ container ❑ mound ❑ lawn ❑ shnhb border O wind break Irrigation: O none Jqadequate ❑ inadequate O excessive ❑ trunk wettled Recent site disturbance? Y & ❑ constriction ❑ soil disturbance ❑ grade change ❑ line clearing ❑ site clearing %driplinepaved: 0% 10.25 25.50% 50-75% 75-100% Pavernetlifted? Y N % dripline w/ fill soil: 0% 10-25% 25-50% 50-75% 75 -IOD% % dripbine grade lowered: 0% 10.25% 25-50% 50-75% 75-100% Soil problems: O drainage ❑ shallow O compacted ❑ droughty ❑ saline ❑ alkaline ❑ acidic O small volume ❑ disease anter ❑ history of fail ❑ clay ❑ expansive ❑ slope —' aspect: Obstructions: ❑ lights Cl signage ❑ lute -of -sight ❑ view ❑ overhead lines ❑ underground utilities O traffic ❑ adjacent veg. ❑ Exposure to wind: O single tree ❑ below canopy O above canopy ❑ recently exposed O windward, canopy edge ❑ area prone to windthrow Prevailing wind direction: _ Occurrence of snowlice storms ❑ never ❑ seldom ❑ regularly TARGET Use Under Tree: ❑ buitdng A parking .O traffic ;Kpedestrian ❑ recreation ❑ landscape ❑ hardscape ❑ small features ❑ utility lines Can" be moved? Y UN Can use be restricted? Y Q occupancy: ❑ occasional use ❑ intermittent use ❑ frequent use O constant use The Internnonal Society of Arboriculture assumes no responsibility for conclusions or recommendations derived from use of this torn. ITEM NUMBER: 2 DATE: 7-17-07 TREE DEFECTS ROOT DEFECTS: Suspect root rot: Y N Mushroom/conkftracketpreseft Y N ID: Exposed roots: ❑ severe ❑ moderate ❑ low Undermined: ❑ severe ❑ moderate ❑ low Root paned: distance from trunk Root area affected: % Buttress wounded: Y N When: Restricted root area: ❑ severe ❑ moderate ❑ low Potential for root failure: ❑ severe ❑ moderate ❑ low LEAN: deg, from vertical ❑ natural ❑ unnatural ❑ self -corrected Soil heaving: Y N Decay in plane of lean: Y N Roots broken Y N Soil cracking: Y N Compounding factors: lean severity: ❑ severe ❑ moderate ❑ low CROWDEFECTS: Indicate presence of individual defects and rate their severity (s - severe, m = moderate, I = low) DEFECT ROOT CROWN TRUNK SCAFFOLDS BRANCHES Poor tam Bow, sweep Codononamslforks Multiple attachments Included bark Excessive end weight _ Cracks/splits HarKlers Girdling Munds/seam Decay Cavity--- ConWiriushrooms/bracket Bleeding1sap flow Loose/cracked back _ —~ Nesting hole/bee hive DeadwoodIstubs Borershermites/ants Cankers/galls/burls Previous failure HAZARD RATING tree part most likely to fail: �y __- Failure potential: 1 - low; 2 - medium; 3 • high; 4 • severe Inspection period: annual biannual _ other Size of part: 1 - <6' (15 cm); 2 - 6-18' (15-45 cm): Failure Potential +Size of Part +Target Rating =Hazard Rating 3 - 18-30' (45.75 cm); 4 - >30" (I5 cm) u / / ' 3 + 7 - get ng: rati 1 - occasional use; 2 intermittent use; 3 - frequent use: 4 - constant use HAZARD ABATEMENT Pune: ❑ remove defective part ❑ reduce end weight ❑ crown dean ❑ thin ❑ raise canopy ❑ cram reduce ❑ restnxWre ❑ shape CabWBrace; T_ Inspect further: ❑ root crown ❑ decay ❑ aerial ❑ monitor Remove tree:0 N Replace? Y N Move target: Y N Other: Effect on adjacent trees: ❑ none ❑ evaluate Notification: ❑ owner ❑ manager ❑ governing agency Date: COMMENTS ITEM NUMBER: 2 DATE: 7-17-07 Attachment 3: Draft Resolution PC 2007-0059 DRAFT RESOLUTION PC 2007-0059 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CA, APPROVING PLN 2007- 1219/TREE REMOVAL PERMIT 2007-0111 TO ALLOW THE REMOVAL OF ONE NATIVE TREE LOCATED AT 8200 EL CAMINO REAL APN 056-031-062 (Rainscape, A Landscape Service Company) WHEREAS, an application for a Tree Removal Permit has been received from Rainscape, A Landscape Service Company, P.O. Box 4132, San Luis Obispo, CA 93403, (Applicant), and Camino-Curbaril Assoc. L. P. in care of Halferty Management, 199 S. Los Robles #840, Pasadena, CA 91101, / New Albertsons Inc., 250 Parkcenter Blvd., Boise, ID 83726 (Property Owners), to allow the removal of one native oak tree totaling 42" dbh located at 8200 El Camino Real, APN 056-031-062, and, WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on July 17, 2007, and considered testimony and reports from staff, the applicants, and the public; and, WHEREAS; a Conditional Use Permit (CUP 97013) was approved for the Shopping Center which included a landscape plan; and, WHEREAS; the tree proposed for removal is located within the parking lot of the said commercial center and was included as par of the required approved landscape for the development; 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 dead, diseased or injured beyond reclamation, as certified by a tree condition report from an arborist; SECTION 2. Approval. The Planning Commission hereby approves Tree Removal Permit 2007-0111 subject to the following: Exhibit A: Conditions of Approval Exhibit B: Aerial ITEM NUMBER: 2 DATE: 7-17-07 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: 7-17-07 Exhibit A: Conditions of Approval Tree Removal - TRP 2007-0111 Conditions of Approval Timing Responsibility Mitigation TRP 2007-0111 /Monitoring Measure PR: dorm Removal PS: Planning Services 8200 EI Camino Real BL: Business License BS: Building Services BP: Building Permit FD: Fire Deparment TO: Temporary Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. The applicant shall mitigate the removal of the tree in PR PS accordance with the requirements of the Atascadero Native Tree Ordinance by replanting a native tree where the dead tree is located. The replacement tree's specifications are as follows: minimum 60" box, minimum 15' tall, and a minimum 4" trunk dbh. ITEM NUMBER: 2 DATE: 7-17-07 Exhibit B: Aerial Tree Removal - TRP 2007-0111 U ti i. ••��� � r Proposed tree removal and replacement location. ITEM NUMBER: 3 DATE: 7-17-07 Atascadero Planning Commission Staff Report — Community Development Department PLN 2006-1150 Precise Plan and Tree Removal Permit 5350 Ard i I la Road (Bennett) SUBJECT: The proposed project consists of a request to remove 30 existing native trees totaling 387 inches DBH for the construction of a single-family residence and access driveway. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2007-0058 approving the request to remove 30 Live Oaks and Blue Oaks subject to the guidelines and mitigation required by the Atascadero Municipal Code and Native Tree Ordinance. SITUATION AND FACTS: 1. Owner: Rex Bennett, 26855 Montseratt Court, Murrieta, CA 92563 2. Project Address: 5350 Ardilla Road, Atascadero, CA 93422 APN # 030-261-019 3. Certified Arborist: A&T Arborist, PO Box 1311 Templeton CA, 93465 4. General Plan Designation: Single -Family Residential (SFR -Z) 5. Zoning District: Residential Single Family (RSF-Z) 6. Site Area: 1.05 acres 7. Existing Use: Vacant ITEM NUMBER: 3 DATE: 7-17-07 7. Environmental Status: Proposed Mitigated Negative Declaration posted June 25, 2007- July 14, 2007 DISCUSSION: Site Description The existing lot is 1.05 acre and has an average slope of 39% at the building site. The site is covered by Coast Live Oaks, Blue Oaks, and Valley Oaks. The tree canopy is very dense. A drainage swale is located parallel to Ardilla Road. The swale is considered a significant drainage course, but is not identified as a Blueline creek, and therefore, is not subject to setbacks by City Ordinances. The site is currently vacant. Site Design The proposed residence is designed at 2,135 square feet with a 703 square foot attached garage. The residence is designed to take access from Ardilla Road. A driveway is proposed to cross the drainage swale with a culvert. The culvert design is similar to the existing driveway of the neighboring property to the north. The culvert will continue down the stream bed under fill to a rip rap catch basin. After the driveway crosses the drainage swale, it bends slightly south and runs parallel to the swale. The ITEM NUMBER: 3 DATE: 7-17-07 residence is proposed to be located to the west of the driveway, stepping up the hill away from the drainage swale. Approximately 562 cubic yards of cut and 547 cubic yards of fill will be required in order to construct the driveway and residence. The slope at the building site averages 39%. In order to minimize the area of grading, retaining walls have been incorporated around the driveway and the house is designed to step up the hill above the garage to follow the natural slope. As noted in the Arborist Report, there are no large open areas on the lot, and tree density is consistent over the property. Alternative building sites have been examined; however, the proposed site plan appears to have the least environmental impact. For example, building higher on the hill would require a longer driveway, and therefore more tree removals. Building closer to Ardilla Road is not recommended because the grading and foundation would further impact the drainage swale. The residence will connect to the City sewer system. No on-site leach field or septic system is required. Atascadero Mutual Water Company will provide water service to the residence. °//�////!//!/�/ /J;(IIdII1 � /!//, �I`III J��J' /�J•�/ 1 / /1111 111111 !' l `d` !/! // fll�,/j/// ;/111111111 //llr/1�! illlj.l�li�' i, rl h111 A 1 I IN / /! / / !/ >✓/ / /! / ! l Agod / 196 fF/'`/�/ • !! // �� !! / .L.�/////�///! !!! //!/! \\\\\\}1}{ 1111 1 ) II I, II j � ,4.LIV.11 I III 1 1 I I � / // / / / ! ! ! / ! / ! !/ • J //!///! 1! ! 11 � 11111 I ( ' ii rr'!/may Kf!//! ( I a II I , / I I I II,!! III IIII I r 1 // ////////!/// �,• r � 11.,. Illlllf!Illllull�Illl� I'I,I ',_1 1 ,���(L'!l //J///ll/! /lf _p,j�/r ! . ► II j III I I / �i 1 Ilrlll1111 1 I I 1 11 /1•r1 � �!! /N61 / J^y /�i// ! � i I ► I j � 1 I!I 1111111 I � I; IIS I illii �, IL p..k/�//f/, 11111111 I II' II }1 ti /*11%°r�'l/j;rT� !!J! �!!!// ,1� 1111'.I!III Iijl1`I j I;Ij`l f lr�/// !// /// !// J1 ! �! // J I I II(It}}It1} I I1�� }► IIl}1{11 �I 411111Ilffll}11111+I1�1I x'1,1,1t. /�.f'/.// ////�,is,//,/!.'/i/!11"�1 �! .'� 1 ! I IIIt1111�{1�1}I'�. 1� �,liIll 1 Proposed Grading Plan Detail ITEM NUMBER: 3 DATE: 7-17-07 18.00 TW \T Df GROUND J \ MM II7 FT 717.50 FO \ TO FF AC WYEWAY 105.D0 TW �- \ r 700.00 FG 97.007M \ 910.00 FC SECTION A—A Native Trees The site is densely covered by Coast Live Oaks, Valley Oaks, and Blue Oaks. An Arborist Report has been provided which identifies native tree impacts. 29 trees totaling 357 inches will be required to be removed during construction. The requested removals consist of 25 Live Oaks (324" total DBH) and 4 Blue Oaks (33" total DBH.) One additional tree (tree #31, a 30 -inch Live Oak) will be impacted 45% by the construction, and is therefore being included with the tree removal permit. The total tree removal request therefore totals 30 native trees, with a total DBH of 387 inches. The proposed project has been designed to minimize grading and native tree impacts where possible. The originally submitted site design (submitted August 2006) required the removal of 45 native trees with a total diameter of 554 inches. Through the addition of extensive retaining walls and relocation of the catch basin, the number of required removals has been lowered to 30 trees, totaling 387 inches. Tree mitigation shall be required for the 29 removed trees and bonds shall be required for the 30 -inch Live Oak. A $250 bond is required for the one 30 inch Live Oak which is impacted 45%. Bonds may be refunded one year after the completion of the residence, if an Arborist Report is submitted to the City to verify that the trees are in good health and were able to survive the construction. Tree Removal Mitigation for the 29 native trees may be done either as a payment to the tree mitigation fund in the amount of $3,250, or 65 five -gallon native trees may be ITEM NUMBER: 3 DATE: 7-17-07 planted on site. The applicant is requesting a combination of replanting and mitigation fees. Mitigation Measure 4.e.4 of the CEQA document requires a replanting area to be designated by the certified arborist in order to ensure that the trees are planted in a suitable area and will not become overcrowded. Staff has left the option open for the applicant to do a combination of replanting and payment of mitigation fees into the tree fund. Planning Commission may approve the mitigation as proposed, or the Commission has the option to condition the tree removal permit for a specific portion of replanting and mitigation fees. Prior to issuance of construction permits, all tree mitigation fees shall be paid (Condition #3). Conditions have been included to ensure the protection of peripheral trees during the construction process. All recommendations and tree protection measures, as outlined in the arborist report prepared by A&T Arborists, shall be implemented prior to and during all construction activity on the project site (Condition #4). Tree protection fencing and arborist monitoring shall be required. An on-site pre -construction meeting shall be required between the City, arborist, applicant, and grading contractor prior to permit issuance (Mitigation Measure 4.e.3). Prior to any tree removals, the culvert and drainage crossing shall be installed to allow access along the driveway to the landing area/building site. Trees shall not be pushed over as peripheral trees may be damaged. Once the approved trees are removed, the protective fencing can be installed and the grading can begin (Mitigation Measure 4.e.6). Upon project completion, a final status report shall be prepared by the Project Arborist certifying that the tree protection plan was implemented and the trees were protected during construction (Mitigation Measures 4.e.1 and 4.e.2). All utilities shall be located within roadways and driveways and outside the driplines of native trees (Condition #5). Bond payment for tree #31, impacted 45% : $250 Evergreen Native Trees (inches) Deciduous Native Trees (inches) Totals dbh notes dbh notes 1 30 -inches LO Tree #31 1 Total 30 -inches Total 0 -inches 30 -inches Mitigation Requirement req'd tree replacements: 5 five gal trees req'd tree replacements: 0 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 fifteen gal trees 0 fifteen gal trees 0 fifteen gal trees 0 box trees (24") 0 box trees (24") 0 box trees (24") Remaining Mitigation 0 five gal trees Remaining Mitigation 0 five gal trees 0 five gal trees Tree Fund Payment: $ 250.00 Tree Fund Payment: $ $ ♦ '_ 1-5'0-04 ITEM NUMBER DATE: 7-17-07 Tree removal mitigation chart: Plant 65 five gallon native trees or pay $3,250 to the tree fund Evergreen Native Trees (inches) Deciduous Native Trees (inches) Totals dbh notes dbh notes 1 21 -inches LO Tree #3 1 8 VO Tree # 24 2 12 -inches LO Tree #7 2 12 VO Tree # 32 3 5 -inches LO Tree #8 3 8 VO Tree #43 4 5 -inches LO Tree #9 4 5 VO Tree #70 5 12 -inches LO Tree #10 6 11 -inches LO Tree #11 7 6 -inches LO Tree #21 8 27 -inches LO Tree #25 9 7 -inches LO Tree #26 10 19 -inches LO Tree #27 11 9 -inches LO Tree #28 12 9 -inches LO Tree #29 13 48 -inches LO Tree #30 14 11 -inches LO Tree #37 15 5 -inches LO Tree #38 16 22 -inches LO Tree #39 17 23 -inches LO Tree #41 18 6 -inches LO Tree #42 19 13 -inches LO Tree #44 20 7 -inches LO Tree #45 21 8 -inches LO Tree #46 22 13 -inches LO Tree #47 23 11 -inches LO Tree #48 24 8 -inches LO Tree #53 25 6 -inches LO Tree #66 Total 324 -inches Total 33 -inches 357 -inches Mitigation Requirement � __ __ req'd tree replacements: 54 five gal trees J req'd tree replacements: 11 five gal trees J ... � — ► #* 00 � — , Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 fifteen gal trees 0 fifteen gal trees 0 fifteen gal trees 0 box trees (24") 0 box trees (24") 0 box trees (24") Remaining Mitigation 0 five gal trees Remaining Mitigation 11 five gal trees 11 five gal trees 00 - Tree Fund Payment: $ 2,700.00 Tree Fund Payment: $ 550.00 $ / 3,250.00 L .%. — — � 00 ITEM NUMBER: 3 DATE: 7-17-07 Environmental Review: A Proposed Mitigated Negative Declaration is attached to this report for Planning Commission review. The Initial Study concludes there will be no significant harm to the environment as a result of this project when the proposed mitigation measures are included. A proposed Mitigated Negative Declaration has been prepared for the project and certification of the Mitigated Negative Declaration is included in the draft Planning Commission Resolution 2007-0058. CONCLUSIONS: The proposed project has been reviewed by staff for compliance with the Atascadero Native Tree Ordinance. If approved, the project would allow for the removal of 30 native trees totaling 387 inches D13H. The applicant has revised the original plans to include retaining walls so that grading is limited and native trees are preserved where possible. The Commission may require the applicant to replant native trees, which would total 65 trees, or pay mitigation fees which would total $3,250. A combination of both mitigation measures is being requested by the applicant. Staff recommends the Planning Commission approve the Tree Removal Permit as conditioned. ALTERNATIVES: 1. The Commission may approve the subject to additional or revised project conditions. The Commission's motion to approve needs to include any new or revised project conditions. 2. The Commission may deny the project if it is found to be inconsistent with the Native Tree Ordinance 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: Scott Kaiser, Planning Intern Callie Taylor, Assistant Planner ATTACHMENTS: Attachment 1 — Location Map (General Plan & Zoning) Attachment 2 — Aerial Photo Attachment 3 — Proposed Mitigated Negative Declaration Attachment 4 — Arborist Report Attachment 5 — Draft Resolution PC 2007-0058 ATTACHMENT 1: Location Map (General Plan and Zoning) PLN 2006-1150 5350 Ardilla Project Site 5350 Ardilla ITEM NUMBER DATE: 7-17-07 I Hiahwav 101 1 I RSF-Z I Zone: Residential Single Family -- 1 '/2 to 2 '/2 acre minimum (RSF-Z) Land Use Designation: Single Family Residential — 1 '/2 to 2'/2 acre minimum (SFR -Z) ITEM NUMBER DATE: 7-17-07 ATTACHMENT 2: Aerial Photo 5350 Ardilla Road ITEM NUMBER DATE: 7-17-07 ATTACHMENT 3: Proposed Mitigated Negative Declaration See Following ATTACHMENT 4: Arborist Report A T ARRORISTS P.O. BOX 1311 TEMPLETON, CA 93465 (805) 434.0139 2-28-07 Ilex Bennet Ardilla Road Project ITEM NUMBER DATE: 7-17-07 MAY 2 5 2007 This tree protection plan is in regards to the proposed construction of a single family home on Ardilla Road in Atascadero, California. The property is sloping and densely covered with coast live oaks (Quercus agrifolia), valley oaks (Quercus lobara) and blue oaks (Quercus douglasii). The canopy is very dense as most trees intermingle with others. Most all of the trees have very few lower branches due to the suppression. Fortunately, this property will be connected to the sewer system, therefore no trees will have to be removed for septic tank and leachfield areas. The driveway will cross the creek with a culvert under fill very similar to the neighboring property. The culvert will continue down the stream bed under fill to a rip rap catch basin. Once the driveway crosses the stream, it curves slightly to the south almost parallel to the slope. The horse will be located to the west of the driveway. Both the driveway and home will require extensive cuts and fills requiring tree removals. Most all peripheral trees will require monitoring during the grading activities. Originally, 45 trees with a total diameter of 554 inches needed to be removed for this project. The alternatives for this project regarding home placement are few as there are no real open areas on this lot and tree density is consistent throughout the lot. For example, building higher on the hill would require a longer driveway, therefore more removals. This entire area was projected to have a 2:1 fill slope. Through the addition of extensive retaining walls and movement of the catch basin, the number of removals now stands at 30 trees with a total diameter of 387 inches. This property has poor access from Ardilla Road. First, the culvert needs to be installed with bridge/driveway to a landing area. Trees can then be removed. They shall not be pushed over as peripheral trees may be damaged unintentionally. Once the approved trees are removed, the protective fencing can be installed and the grading can commence. 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 sift 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 gradin; 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 ITEM NUMBER DATE: 7-17-07 A rating system of 1 -Maas used for visually establishing the o.rtall condition of each tree on the spreadsheet. The rating system is defined as follows: Rating Condition 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. ITEM NUMBER: 3 DATE: 7-17-07 4. Trenching Wi*—,tn Drip Line: All trenching for fo..,tdations 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 contractor(s) shall take place prior to work start. This activity shall be monitored by the arborist(s) to insure proper root pruning is talking place. 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. 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. 8. 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. 9. 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. 10. Arborist Monitoring: An arborist shall be present for selected activities (trees identified on spreadsheet and items bulleted below). The monitoring does -not necessarily have to be continuous but observational at times during these activities. It is the responsibility of the owner(s) or their designee to inform us prior to these events so we can make arrangements to be present. It is the responsibility of the owner to contract (prior to construction) a locally licensed and insured arborist that will document all monitoring activities. • pre -construction fence placement • any utility or drainage trenching within any drip line • All grading and trenching near trees requiring monitoring on the spreadsheet 11. 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 activity that encroached into the drip line of the selected ITEM NUMBER: 3 DATE: 7-17-07 native trees, and that ak-,vork done in these areas was complete6_4 the standards set forth above. 12. 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. - - ------ 13. Landscape: All landscape under the drip -line shall be drought tolerant or native varieties. Lawns shall be avoided. All irrigation trenching shall be routed around drip lines; otherwise above ground drip -irrigation shall be used. It is the owner's responsibility to notify the landscape contractor regarding this mitigation. 14. 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. 15. 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. Mycorrhiza offers several benefits to the host plant, including faster growth, 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 (4.5'), condition (scale from poor to excellent), status (avoided, impacted, removed, exempt), percent of drip line impacted, mitigation required (fencing, root pruning, monitoring), construction impact (trenching, grading), recommended pruning and individual tree notes. If all the above mitigation measures are followed, we feel there will be no additional long-term significant impacts to the remaining native trees. 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 Certifi rborist #WC 0511 xx_O%Z_ Chip Tamagni Certified Arborist #WE 6436-A m ITEM NUMBER: 3 DATE: 7-17-07 w >, � ~ aa) LL z O rs Q z(n FY LY d C3 - w z LU z z z z z u' �u w a w w w w w o 3"' LLI LJ 4 :R M a pp d Q CvyL�N CqL/ CSL/ Cl �l/� LL © Ll. LL ACL/ ry� yCyL a Li- LL LL L: LL LL. � LL LL L.LLL LL a M1 z Q J .J Cr Cr CY CY LZ Ci QL Li LC LY LY Of [7r Lr Of Lr LY ; O [L [L ti C7 L"} C7 C7 t7 Q 0 (D (D (7 (DC7 t 7 L� 0 C7 � U Lu F n Z - D J a o a o ❑ Q o 0 a 0 o o p � .�' o o p o o a ❑ 0 ❑ o p CR ❑ a . d ca N CD N u-) CO o N o v s- O 0 Q O Ca 0 C� O' C7 ca Ln cn o0 ra o o (D a g C] ao o 0 Of Of Q� -T- <U 0 W L - Si W p it C] N C✓Y N c+} C w 4 M i+7 M m k 7 M N C V CV C7 KY] x a 3 v - M LO Oa N - N Cl) N S'V r 4� L'-- [37 co a LL co F 4X u p uJ it 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 W F- LL J �1 J J J J J J J J .J J J J iw V- Lu x* T N Cl et LO CG ti CO d7 r N IM 11 W) W t� 00 Q7 C r Fk �v a a� c c a� m x N W W U) a W a Z O H U W O w CL W W cr C e c a r LC d re N V- ITEM NUMBER: 3 DATE: 7-17-07 ow _ J W _W LL H z Z U U ZQ � � J U a Lu0 Z� '0 0 0 0 0 0 0 0 0 0o w z}} z z z z z z z} z}}}} z z z} l Z J 0 N > a d d d O ~ ix a LL LL LI: v_ � v_ H.. 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Z Q cl� Of�Or- elf Cif ofcr: Of af O O 0 CD 0 0 (D 0 0 0 C� U � W H z J U Q o \ o 0 \ 0 0 \ 0 0 \ 0 0 \ 0 0 \ 0 0 \ 0 0 \ 0 0 0 0 0 0 0 0 0 \ 0 0 0 0 0 0 0 0 a o o p o 0 0 0 0 0 0 0 o o 0 a:E O O O O o 0 0 0 N 0 0 0 0 0 0 0 0 0 �- r O o F, <% O Q — — — Q Q Q Q Q Q Q Q U ~ O W p W z M M M M N N M N co M LO M M rM M C'4 -.1- N ~ O U 0 z = m N CJ of of M X `- CD p p X O N� N X CD N . N N cn Lu WC) w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ir- J J> J J J J J [� > > J J >>>>> J J a w r N M A Ln Co 1- w O Or N ch q Ln W I- co 0) O MTIqL LO Lc) LoW) )V)V)Lnto w 0 9. m a Q c ai m N F W Lu O a Z O F U W F O a Lu w e e C C CY i V M V, qrl ITEM NUMBER: 3 DATE: 7-17-07 oC/) J W W_ LLO F Z 0C/) Z N Z Q � J � U a 0 w z25OO � O O O NO O0azzzzzzz}zzz>-zz w LLJ Z J O F N O C m C O C O C O C_ 0)� C_ � m m� m O a 0 O U r U C U C U C U C U r- CL a- C v C U� C_ U C U -Cu Cu LL L L g a F Z Q 2 O Q- CD CD /2� CD 0 C� W F - Z JCL U c o 0 0 o O o o o go O o o 0 0 CL 0 0 0 0 0 0 0 LO .LO 0 0 0 0 0 � O - 0 r U ZQ OF Q Q Q Q Q Qf Q-- 0 0 0 Q U co O LLQ w p Z CM M M M N M N LO M U') N ~O U Z Q O MO ti s 11') Lo (0 In 00 X CN N F M W ui W C) O O O 0 0 0 0 0 0 0 0 0 O O O F W CL i J > J m e W # r (D N to M to to (D O (D (D C0 (D O (D O t- r t- N 1l- M I- t7 1- LO ti CD h co CA O ti ti ^ rl- 00 i C) 0 0 N N V. ITEM NUMBER DATE: 7-17-07 •���� �b =�.f0`�i°Y= Ice.+ �' GII�1 a G �IIII�IIIIIIII�IIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIII �a�omo®omoocc�oocac�®000amo�aocoaccvo�ocom000�c��ovaocc���00000000caai msalo®11111@������II®IIIIIII��@I@III@IIIII�I@���I����o0�0000a�@@9�@@0oo� �omam0000eeoc�000eo®e0000�oeooe00000000000maoo��o�mumu� cup �aa000®o�0000000000c�0000mc�oc00000000000momc00000000000000000ao�BBB61 o00000000ac0000000c000000llamo®0000000000voomom0000cca0000000000000 ©III I oil IIIIII III I I I I IIIIIII■Iml®I III III HININIII I III I IIIIIIIIIIIIIIIIII 0HOC 0ace CDC cc0cc: Ia2:9HININIONW101011Hno:COCCHO�Ck�OCCCC®C�COGECOGCCEE�C� �CCCCCCCCGCCCCCCCCCCCCGCCOOEmOmCmCGCCCCCCCCCCCmCCbC®occcmoaaaooc000cool r�ee000c00000000000aooc000000momomoc000a0000000momo 000 ITEM NUMBER: 3 DATE: 7-17-07 ATTACHMENT 5: Draft Resolution PC 2007-0058 TRP 2007-0108, 5350 Ardilla Road DRAFT RESOLUTION NO. PC 2007-0058 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2006-1150 / TREE REMOVAL PERMIT 2007-0108, REMOVAL OF NATIVE TREES FOR CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE AT 5350 ARDILLA ROAD (BENNETT) WHEREAS, an application was received from Rex Bennett, 26855 Montseratt Court, Murrieta, CA 92563, (Owner/Applicant), for a Tree Removal Permit to remove 30 native trees with a total 387 inches DBH; and, WHEREAS, the proposed project has a General Plan Designation of Single -Family Residential, minimum lot size 1 % - 2 '/z acre (SFR -Z) and is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies and Native Tree Ordinance; and, WHEREAS, the site is located in the Residential Single -Family, minimum lot size 1 '/2 - 2 '/2 acre (RSF-Y) which allows for the proposed use and density when certain findings are made; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0011 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Tree Removal Permit application on July 17, 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. Certification of Mitigated Negative Declaration. The Planning Commission of the City of Atascadero, hereby certifies Mitigated Negative Declaration 2007- 0011 based on the following findings: 1. The Negative Declaration has been completed in compliance with requirements of the California Environmental Quality Act; and, 2. The project does not have the potential to degrade the environment; and 3. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, ITEM NUMBER: 3 DATE: 7-17-07 4. The project does not have impacts which are individually limited, but cumulatively considerable; and, 5. The project will not cause substantial adverse effects on human beings either directly or indirectly. SECTION 2. Findings for tree removal. The Planning Commission finds as follows: 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 the tree eliminates all reasonable uses of the property; or • If saving the tree requires the removal of more desirable trees. SECTION 3. Approval. The Planning Commission does hereby approve Tree Removal Permit 2007-0108 to remove 30 native trees with a total 387 inches DBH to establish a single- family residence, subject to the following Conditions and Exhibits: EXHIBIT A: Mitigated Negative Declaration 2007-0011 EXHIBIT B: Conditions of Approval EXHIBIT C: Tree Protection Plan / Site Plan ITEM NUMBER: 3 DATE: 7-17-07 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 EXHIBIT A: Mitigated Negative Declaration 2007-0011 TRP 2007-0108 / PLN 2006-1150 ITEM NUMBER DATE: 7-17-07 CITY OF ATASCADER.© COMMUNM DEVELOPMENT DEPARTMENT 'RECEIVED" JULIE L. Rorj�.e, . NOTICE OF INTENT TO ADOPT PROPOSED MITIGATED NEGATIVE DECLARATION NOTICE IS HERESY GIVEN that the Environmental Coordinator of the City of Atascadero has completed a review of the following project and is proposing the following environmental determination: pwner7Appticanv Rex Bennett. 26855 Montseratt Ct., Murrieta, CA 9«56.5 project Title: PL1t 2006-11501pmcise plan 2006-0216rrrec Removal Permit 2047-0108 Single -Family Residence on slopes greater than 10`Yu & Tree Removal Permit Project 5350 Ardilla Road, Atascadero, CA 93422 Lociltlans (San Luis Obispo County) 030-261-019 'Project The project consists of an application to construct a 2,135 square -foot, two story stogie -tartly Description, residence with a 703 square -foot attached garage on an existing lot of record. The average slope al the building site is 39%. Retaining walls have been incorporated in order to reduce the amount of cut and fill as well as tree removals. An estimated 562 cubic yards of cut and 547 cubic yards of fill will be required. The driveway for the residence will cross a drainage swale with a proposed culvert. 30 native Live Oaks & Valley Daps totaling 387 inches DBH are proposed for removal. The residence will take access off Ardilla and connect to City sewer. General Plan resignation: SFR -Z Zoning District: RSF-7, Tentative Hearing Date: July 17, 2007 Environmental Begins: lune 25, 2007 Review dates: Ends: July 14. 2007 Proposed Based on die initial study prepared for the project, a Mitigated Negative Declaration Environmental is proposed. The Certified Mitigated Negative Declaration is available for public Determination, review from 6/25107 through 7/14iO7 at 6907 El Camino Real, Community Development Department from 8:00 a.m. to 5:00 p.m., Monday through Friday. Attu interested person may review the rertiified Mitigated Negative Declaration and project files. Questions should be directed to Callie Taylor, Assistant Planner at 470-3448. ��P ►9f�ba�rc�, �-r Ste+,�t G. blit lams, Deputy Community IlevelopmenR f7rreetor rw mr: wmwa�ja r 6907 EL CAMINO REAL, - ATASCADERO, CA 93422 - (805) 461-5000 - FAX 461-7612 ITEM NUMBER DATE: 7-17-07 EXHIBIT B: Conditions of Approval / Mitigation Monitoring TRP 2007-0108 Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure TRP 2007-0108 / PLN 2006-1150 PS: Planning Services BL: Business License BS: Building Services Address: 5350 Ardilla Road GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Standard Planning Conditions 1. The approval of this application shall become final, subject to the FM PS completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9- 1.111(b) of the Zoning Ordinance. 2. The Community Development Department shall have the authority FM PS to approve minor changes to the project that (1) result in a superior site design or appearance. Project Planning Conditions 3. Prior to issuance of construction permits all tree mitigation fees GP/BP PS shall be paid 4. All recommendations and tree protection measures, as outlined GP/FM BS/PS in the Tree Protection Report, prepared by A&T Arborists shall be implemented prior to and during all construction activity on the project site. 5. All utilities shall be located within roadways and driveways and GP/BP PS/BS outside the driplines of native trees. Mitigation Measures GP, BP CE 6. The project shall be conditioned to comply with all applicable BP BS/PS 3.b.1 District regulations pertaining to the control of fugitive dust (PM - 10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non - taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meetin the ARB's 1996 or newer certification ITEM NUMBER DATE: 7-17-07 Conditions Of Approval TRP 2007-0108 / PLN 2006-1150 Address: 5350 Ardilla Road Timing 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 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 plann4ed to be reworked at dates greater than one month after initial grading should be sown with a fast -germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material ITEM NUMBER DATE: 7-17-07 Conditions Of Approval Timing Responsibility Mitigation /Monitoring Measure TRP 2007-0108 / PLN 2006-1150 PS: Planning Services BL: Business License BS: Building Services Address: 5350 Ardilla Road GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 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. 7. The developer shall contract with a certified arborist during all BP BS/PS 4.e.1 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) Arborist monitoring shall take place during tree removals and during any grading or construction beneath native tree driplines, as outline din the arborist report. (b) 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 3/4 inch granite covered with one -inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one - foot by one -foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (c) 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 8. The building permit site plan shall identify all protection and BP CE 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. ITEM NUMBER DATE: 7-17-07 Conditions Of Approval Timing Responsibility Mitigation /Monitoring Measure TRP 2007-0108 / PLN 2006-1150 PS: Planning Services BL: Business License BS: Building Services Address: 5350 Ardilla Road GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 1. All existing trees outside of the limits of work shall remain. BP BS/PS 4.e.2 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 5. All trees within twenty feet of construction 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. 7. Utilities such as water, gas, power, cable, storm drainage, and sewer should be redirected from under the canopy of any trees that are to remain. 8. Where a building is placed within the canopy of a tree the foundation should be redesigned so that it bridges across any root systems. 9. Any foundation or other structure that encroaches within the drip line of trees to be saved shall be dug by hand. 10. At no time shall tree roots be ripped with construction equipment. 9. An on-site pre -construction meeting shall be required BP PS 4.e.3 between the City, arborist, applicant, and grader prior to permit issuance. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area, as to the tree protection plan 10. Tree mitigation fees shall be paid per the requirements BP PS 4.e.4 of the Atascadero Native Tree Ordinance. Replanting may substitute for mitigation fees, with the approval of the Planning Commission. A suitable area shall be identified for replanting by the project arborist to ensure that the trees due not become overcrowded. 11. Retaining walls shall be incorporated as shown on the BP PS 4.e.5 grading plan to limit tree removals. The catch basin and culvert shall be located as shown on the grading plan to minimize grading. 12. Prior to any tree removals, the culvert and drainage BP PS 4.e.6 crossing shall be installed to allow access along the driveway to the landing area/ building site. Trees shall not be pushed over as peripheral trees may be damaged. Once the approved trees are removed, the protective fencing can be installed and the grading can begin. 13. Should any human remains be discovered on the ongoing PS 5.d.1 property, all work on the project should stop and the ITEM NUMBER DATE: 7-17-07 Conditions Of Approval Timing Responsibility Mitigation /Monitoring Measure TRP 2007-0108 / PLN 2006-1150 PS: Planning Services BL: Business License BS: Building Services Address: 5350 Ardilla Road GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy County Coroner contacted. If the human remains are identified as being Native American, the California Native American Heritage Commission (NAHC) should be contacted at (916) 653-4082. 14. All cut and fill slopes shall be hydro seeded with an BP BS/PS 6.b.1 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. 15. A landscape plan shall be prepared for disturbed slopes BP BS/PS 6.b.2 prior to building permits. Native plants shall be installed on any 2:1 cut or fill slopes and around the culvert in drainage swale in order to prevent erosion and debris from entering the water way. An irrigation or drip system shall be installed to provide irrigation to these plantings for the first 2 years. Irrigation shall not be installed under existing native oak trees. 16. The developer is responsible for ensuring that all BP BS/PS 8.e.f.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 orders. 17. All construction activities shall comply with the City of BP BS/PS 11.d.1 Atascadero Noise Ordinance for hours of operation. ITEM NUMBER DATE: 7-17-07 EXHIBIT C: Tree Protection Plan / Site Plan 1 �j n. 11"1 � o ° 0 :SSSS �IIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�llllllllllllllllll ©llllYllllllillllilll�lull"llllllllllllllllllllillllllllllllllllllllllllll �oo�cmom000cccc000�oocoo�oo�ooa��oacaoaaw0000�cc�oow�ooa0000aaaoc0000�oo� m6B1�®11111@@@���@@�1@�1111111�1�@@@111@11111111@��OI�DO�S����ii��@Iola c-c0o0moccococc10000oo00000oa OMIM000c0o000000100CNom1 �c00��0��� N�cococca0000acc0000000000vvo®v®c00000ac0000000�000000Qccacamaccocc000ac�g� 00000000aoocc000000000000000m00000aoccooca000ac�00000000000000000000000ao � ©o0E�o0E000o0oCE0C00000o1111Y0�o00oC0oC0�OCCo0'CCCCOIo0CC0�COCOCCCCOCCLE0E1 maeeoeocooeeeoe0000eaeaoow�malaom000a0000000ae000ao�eooe®000000000eooe��e� G)Cmom0mcccccC0000c000omomomomC00coo: 00000000000000000CWHOM 00CCGC1 �nemamom000c0000ccc000a000momomcooccoccccc000ccoc�000cocoaccaccacco ITEM NUMBER: 3 DATE: 7-17-07 Tree removal mitigation chart: Evergreen Native Trees (inches) Deciduous Native Trees (inches) Totals dbh notes dbh notes notes 1 21 -inches LO Tree #3 1 8 VO Tree # 24 1 2 12 -inches LO Tree #7 2 12 VO Tree # 32 3 5 -inches LO Tree #8 3 8 VO Tree #43 Mitigation Requirement 4 5 -inches LO Tree #9 4 5 VO Tree #70 5 12 -inches LO Tree #10 5 five gal trees req'd tree replacements: 0 five gal trees 6 11 -inches LO Tree #11 Proposed Replanting 0 five gal trees Proposed Replanting 7 6 -inches LO Tree #21 0 five gal trees 0 fifteen gal trees 8 27 -inches LO Tree #25 0 fifteen gal trees 0 fifteen gal trees 9 7 -inches LO Tree #26 0 box trees (24") 0 box trees (24") 10 19 -inches LO Tree #27 0 five gal trees Remaining Mitigation 0 five gal trees 11 9 -inches LO Tree #28 12 9 -inches LO Tree #29 I Tree Fund Payment: $ 250.00 13 48 -inches LO Tree #30 $ 14 11 -inches LO Tree #37 15 5 -inches LO Tree #38 16 22 -inches LO Tree #39 17 23 -inches LO Tree #41 18 6 -inches LO Tree #42 19 13 -inches LO Tree #44 20 7 -inches LO Tree #45 21 8 -inches LO Tree #46 22 13 -inches LO Tree #47 23 11 -inches LO Tree #48 24 8 -inches LO Tree #53 25 6 -inches LO Tree #66 Total 324 -inches Total 33 -inches 357 -inches Mitigation Requirement .00 � ` req'd tree replacements: 54 five gal trees req'd tree replacements: 11 five gal trees ` ` Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 fifteen gal trees 0 fifteen gal trees 0 fifteen gal trees 0 box trees (24") 0 box trees (24") 0 box trees (24") Remaining Mitigation 0 five gal trees Remaining Mitigation 11 five gal trees 11 five gaLtraos_ I Tree Fund Payment: $ 2,700.00 Tree Fund Payment: $ 550.00 $ 3,250.00 Bond payment for tree #31, impacted 45% : Evergreen Native Trees (inches) Deciduous Native Trees (inches) Totals dbh notes dbh notes 1 30 -inches LO Tree #31 1 Total 30 -inches Total 0 -inches 30 -inches Mitigation Requirement req'd tree replacements: 5 five gal trees req'd tree replacements: 0 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 fifteen gal trees 0 fifteen gal trees 0 fifteen gal trees 0 box trees (24") 0 box trees (24") 0 box trees (24") Remaining Mitigation 0 five gal trees Remaining Mitigation 0 five gal trees 0 five gal trees I Tree Fund Payment: $ 250.00 Tree Fund Payment: $ $ 250.00 � ITEM NUMBER: 4 DATE: 7-17-07 Atascadero Planning Commission Staff Report - Community Development Department PLN 2006-1133 Annual Housing Report Calendar Year 2006 RECOMMENDATIONS: Staff Recommends: The Planning Commission receives and files the attached Annual Housing Report. DISCUSSION: Background The State of California requires all cities to file an Annual Housing Report to the Department of Housing and Community Development (HCD). The purpose of the Housing Report is to monitor the implementation of the City's General Plan Housing Element and progress toward meeting the City's Regional Housing Needs Allocation (RHNA). Summary The City of Atascadero has made tremendous progress in meeting the goal of providing a variety of housing opportunities for the public since the adoption of the General Plan in 2002. The Council has tasked staff with a number of priorities related to housing production and general plan implementation including: ■ Implement the General Plan's Smart Growth Principles ■ Increase the amount of affordable housing ■ Implement an inclusionary housing program ■ Allow mixed use development in commercial zones ■ Encourage infill and reinvestment of underutiltized areas ■ Create a 2nd unit housing program and amnesty program ■ Expand the use of the density bonus program for affordable housing ■ Cooperate with outside agencies on affordable housing projects ■ Improve the permitting process with the Permit Streamlining program While the year 2006 saw a slow down in the housing market, the City has continued to make significant progress on all of these priorities. Section 2 of the attached report provides a detailed description of the progress and accomplishments related to these tasks. One of the primary goals of the General Plan is to utilize Smart Growth principles to encourage infill development within the urban core rather than permit development at the periphery of town. The Urban Form diagram of the 2002 General Plan identified the urban core as the areas along EI Camino Real and Morro Road with Downtown as the central node for the community. General Plan Policy LOC 1.1.1 calls for the preservation of community "elbow room" and rural character by maintaining large lots at the perimeter of town and directing new development into the Urban Core. Goal LOC 1. Protect and preserve the rural atmosphere of the coIIlmunity by assuring "elbow room" for residents by means of maintenance of large lot sizes which increase in proportion to distance beyond the Urban Core. Policy 1.1. Preserve the rural atmosphere of the community and assure 'elbow room" in areas designated 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 areas and existing neighborhoods. Mixed Use Node Rural / Suburban Residential (2.5aci' V W+[ fIGURI 11-3: Urban form of Afascadero �.�vrair +sW#Ria * ITH o 'Nee""ww'+Mt Since the adoption of the General Plan in 2002, the City has approved land use entitlements for approximately 1,700 dwelling units. The following diagram indicates that the vast majority of these new units are located within the Urban Core, consistent with the General Plan's Smart Growth Principles. City of Mascadero ALJ approved Pesidenflal Projeris 5 City Ba.ndnta. iP Ow o..a•f.rvrtosW.N�wn ` LxW Iiw Onlyn.l{otn PR Rv�.gwae.nl 1 �r �ti � _ � �'� EpRa Qi .O iln ra iwnl S ., tlFRy �.r^.1Rry6n r!-ila.Ye rl ` E � SRi By.F.etf w.aei �- i � �.}M 4.swnD�YF R.oYFntl VrOOFYtp 4 -10F NRh...k R.stvq�rd WN+M 1� 3 l .. ^S �-•` ' � RE I�Nt RwrMn 36 -k MP— ll aD O zz-rg- m m 64R _— ew.Zm _— +Ali1RW4 Wa.. .. .. ... ..n aNYbxw- tii99Aw r nw s'.n 'lffir3Sd/F— W49 epylr k�✓twi6.5-- ae;sss,� r.a,.... � 8 5 ire i na.nlPWrrdW �'u�l.re I�.W� PwW W.wtr + 33` \�\[� 0 ', pVrM..YFr Y..tFnF tp.hrw.• ... or wn u. ry�r �.... vJR�asa iCrA I .14 .,.w Pan una u.. worm. t.S000 fcr amy.Ra.l M.ry W—E w.nh s.rw�.m.x�ae a...• !i Analysis The year 2004, was approximately half way through the RHNA time period. The RHNA allocates approximately 180 dwelling units per year to the City of Atascadero. As of December 31, 2004, Atascadero had met approximately 46% of its housing allocation, and has met or exceeded the requirement for above moderate or market rate housing. As of December 31, 2006, Atascadero saw an additional 351 residential units completed. Currently the City has met approximately 68% (up from 43%) of the requirement for moderate housing, and 27% for low housing (up from 16%). These percentages only reflect units that have been finaled and don't reflect future entitled units or the many units currently under construction. Most of these units were approved prior to the adoption of the Inclusionary Affordable Housing Policy. Staff expects additional very low, low, and moderate units will be completed in the coming year (2007) increasing the City's percentage of very low, low, and moderate income units as projects approved under the inclusionary policy complete construction. TABLE 6 — City of Atascadero's Share of the RHNA* * The Low category includes all apartments, second residential units and guest houses. ** The moderate category includes all non -deed restricted multi -family units and manufactured homes. SINGLE-FAMILY UNITS BY INCOME CATEGORY YEAR VERY LOW LOW** MODERATE*** ABOVE MODERATE TOTALS Target Actual Target Actual Target Actual Target Actual Target Actual 2001 46 0 34 5 41 0 61 94 182 99 2002 45 0 34 4 41 91 61 177 181 272 2003 46 0 33 6 40 3 60 132 179 141 2004 45 0 33 1 40 2 60 131 178 134 2005 46 0 33 26 40 34 61 61 180 121 2006 46 0 34 27 40 78 60 125 180 230 2007 46 0 34 0 40 0 61 0 181 0 2008 (6 Mnths) 25 0 19 0 22 0 33 0 98 0 TOTAL 345 0 254 69 304 208 456 720 1,359 997 * The Low category includes all apartments, second residential units and guest houses. ** The moderate category includes all non -deed restricted multi -family units and manufactured homes. Conclusion In a region with declining housing production and decreasing affordability, the City of Atascadero has made significant progress toward providing its share of housing. The projects that have been approved to date appear to be adequate to meet the City's RHNA from 2001 — 2008. Housing construction in the Dove Creek, Apple Valley, and Woodridge projects is expected to continue into 2007-08. Coupled with construction starts on West Front's 32 units, the Colony Square's 67 units and the 40 units in the EI Camino Real mixed use project, the City can expect an additional 139 residential units over the next few years. FISCAL IMPACT: None. ATTACHMENTS: Attachment 1: Annual Housing Report Attachment 1 Annual Housing Report City of Atascadero Annual Housing Report Calendar Year 2006 June 2007 CITY OF ATASCADERO CITY COUNCIL George Luna, Mayor Mike Brennler, Mayor Pro Tem Ellen Beraud, Councilmember Jerry Clay, Councilmember Tom O'Malley, Councilmember PLANNING COMMISSION Joan O'Keefe, Chairperson Roberta Fonzi, Vice Chairperson Pamela Heatherington, Commissioner Sandy Jack, Commissioner Doug Marks, Commissioner Gregory Slane, Commissioner Daniel O'Grady, Commissioner COMMUNITY DEVELOPMENT DEPARTMENT Warren Frace, Director Steve McHarris, Deputy Director Kerry Margason, Contract Planner TABLE OF CONTENTS INTRODUCTION................................................................................................ 1 SECTION 1 - GOALS AND POLICIES Housing Element Goals and Policies....................................................... 3 SECTION 2 — DESCRIPTION OF HOUSING PROGRAMS AND PROGRAM ACCOMPLISHMENTS Redevelopment Set Aside Housing Fund Program ................................. 8 Inclusionary Housing Policy..................................................................... 8 MixedUse Policy..................................................................................... 9 Second Residential Unit Ordinance......................................................... 10 Second Unit Amnesty Policy.................................................................... 10 Section 8 Housing Voucher Program ...................................................... 10 Cooperation with Other Agencies............................................................ 11 CDBGFunding........................................................................................ 11 DensityBonus......................................................................................... 12 HistoricalPreservation............................................................................. 13 Energy Conservation............................................................................... 14 SECTION 3 — PROGRESS TOWARDS REGIONAL HOUSING NEEDS ALLOCATION, REDUCTION OF GOVERNMENTAL CONSTRAINTS AND OTHER ACCOMPLISHMENTS Progress Towards the Regional Housing Needs Plan Allocation ............ 16 Reduction of Governmental Constraints .................................................. 17 Additional Accomplishments.................................................................... 17 SECTION 4 — SUMMARY AND RECOMMENDED HOUSING PRIORITIES FOR 2006 Summary................................................................................................. 21 Recommended Housing Priorities for 2006 ............................................. 22 TABLES Table 1 — Quantified Objectives of the Housing Element ................................... 6 Table 1A — Quantified Objectives Accomplished ................................................ 22 Table 2 — Redevelopment Housing Funds Received ......................................... 8 Table 3 — In -lieu Housing Funds........................................................................ 9 Table 4 — CDBG Funds Disbursement............................................................... 12 Table 5 — Density Bonus Projects...................................................................... 13 Table 6 — City of Atascadero's Share of the Regional Housing Needs Allocation16 Table 7 — Condominium Projects....................................................................... 17-18 Table 8 — City of Atascadero General Plan Housing Element ............................ 19 Table 9 — Percentage of Quantified Objectives Met ........................................... 22 FIGURES Figure 1 — Issued Building Permits 2006............................................................ 21 EXHIBITS Exhibit A — City Map with Key Points Located INTRODUCTION The past few years have been an exciting time for the City of Atascadero's housing programs. The update of the City's General Plan and Housing Element began a period of both commercial and residential growth in the City. The City Council implemented many policies and actions to promote a variety of housing products and provide affordable housing for our workforce. These actions include: ■ Updating the General Plan and Housing Element in 2002 ■ Adoption of an "Inclusionary Housing" Program in 2003 ■ Adoption of a "Mixed Use" Program in 2004 ■ Adoption of a Second Residential Unit ordinance in 2004 ■ Adoption of a Second Unit Amnesty policy in 2004 ■ Adoption of Equity Sharing Program for moderate income units 2005 ■ Authorization to Begin Process for Inclusionary Housing Ordinance 2005 ■ Authorization to Begin Process for Condominium Conversion Ord. 2005 All of these actions contribute to Atascadero's housing programs and enable the City to move forward in implementation of the City Council adopted Housing Element. The years 2001 through late 2005 continued to show growth. With the start of 2006, the City began to see a slowing of growth in the housing market. The purpose of this report is to: ■ Comply with Section 65400 of the Government Code; and, ■ Provide the City Council with a summary of the progress made towards reaching the goals of the Housing Element for the year 2006; and, ■ Acknowledge the goals which continue to need the attention of the City Council in order to fully implement the Housing Element. This report is formatted to meet the recommendations of the State Department of Housing and Community Development. The Housing Element goals and policies are listed in Section 1, followed by a brief description of the City's current housing programs and accomplishments in Section 2. Section 3 describes the progress achieved in meeting the Regional Housing Needs Allocation, reducing Governmental Constraints on development and a brief discussion of other housing accomplishments. Section 4 is a summary of the City's achievements and Staff recommended housing program priorities for 2007. SECTION 1 GOALS AND POLICIES HOUSING ELEMENT GOALS AND POLICIES GOAL HOS 1: PROMOTE DIVERSE AND HIGH QUALITY HOUSING OPPORTUNITIES TO MEET THE NEEDS OF ALL SEGMENTS OF THE COMMUNITY Policy 1.1: Encourage steady production of new housing, including mixed-use projects in commercial land use areas, to meet the needs of all household types in the City. Policy 1.2: Encourage a variety of high quality housing types in multi -family areas. GOAL HOS 2: INCREASE HOME OWNERSHIP OPPORTUNITIES Policy 2.1: Promote development and construction of new housing units for ownership, especially by low and moderate income families. Policy 2.2: Promote and encourage availability of new housing units to first time homebuyers. GOAL HOS 3: ENSURE THAT AN ADEQUATE AMOUNT OF RENTAL HOUSING EXISTS Policy 3.1: Ensure that the proportion of low and moderate rental housing is not significantly reduced. Policy 3.2: Prioritize construction of additional assisted housing units. GOAL HOS 4: PROTECT AND CONSERVE THE EXISTING HOUSING STOCK AND NEIGHBORHOODS Policy 4.1: Encourage conservation and preservation of neighborhoods and sound housing, including places and buildings of historical and architectural significance. Policy 4.2 Encourage conservation and preservation of houses that have historical and architectural significance. Policy 4.3: Encourage attractive architecture and site landscaping that respect terrain and native trees. Policy 4.4: Protect housing affordability where it currently exists. GOAL HOS 5: ENCOURAGE ENERGY CONSERVATION MEASURES IN NEW AND EXISTING HOMES Policy 5.1: Continue to make residents aware of available energy saving techniques and public utility rebates. Policy 5.2: Encourage solar and other innovative energy designs when consistent with State and local ordinances. GOAL HOS 6: IMPROVE HOUSING OPPORTUNITIES AND LIVING CONDITIONS FOR PEOPLE WITH LOW AND MODERATE INCOMES AND THOSE WITH SPECIAL NEEDS Policy 6.1: Ensure that all persons regardless of race, religion, age, sex, marital status, ancestry, national origin, or color have equal access to sound and affordable housing. Policy 6.2: Encourage lending institutions to provide loans for projects for special needs groups, including one -parent households. Policy 6.3: Encourage multi -family projects that provide affordable housing. Policy 6.4: Encourage the development of multi -bedroom units for families. Policy 6.5: Ensure that persons with disabilities have adequate access to housing. GOAL HOS 7: EXPAND HOUSING ASSISTANCE EFFORTS Policy 7.1: Support rental assistance programs. GOAL HOS 8: DECREASE NON-GOVERNMENTAL CONSTRAINTS ON HOUSING PRODUCTION Policy 8.1: Encourage interplay between lending institutions, the real estate and development community and the City to better understand and address non-governmental constraints and facilitate production of affordable housing. Policy 8.2: Help lower development costs where feasible, especially for low and moderate income housing units. GOAL HOS 9: DECREASE GOVERNMENTAL CONSTRAINTS ON HOUSING PRODUCTION Policy 9.1: Review projects in as timely a manner as possible, while maintaining adequate public involvement and fulfilling the appropriate requirements of State and local laws. GOAL HOS 10: ENSURE AN ADEQUATE SUPPLY OF LAND FOR NEW HOUSING PRODUCTION Policy 10.1: Encourage infill and intensification in areas suitable for housing within the USL. Policy 10.2: Consider revising the Zoning Ordinance to allow mixed use projects outside the downtown area. The Housing Element includes Quantified Objectives, as shown in Table 1 below, and as defined by the City Council, to aid in tracking the progress of meeting the stated goals and objectives. Table 1: Annual Quantified Objectives, 2001-2008 Program Objective Income Level Very Low Low Moderate Total New Construction 1.1 (2) Downtown mixed use 1 8 9 1.1 (3) Small lot single-family 101 10 1.1 (4) PD in SFR -X Zone 12 12 1.1 (5) Specific Plans for large projects 5 5 1.1 (7) Mobile and group homes 3 3 1.1 (8) Support Apartment Construction 2 6 16 24 2.1 (1) Density bonus 1 4 5 2.1 (2) PD -7 for small lot sub'ds. 5 12 17 2.2(l) Mort. Credit Cert. pgm. 2 2 2.2(2) Inclusionary ordinance 3 3 3.1 (3) Second units in SFR -Y 3 3 3.1 (4) Mixed-use projects 3 4 7 3.2 (1) Pub./private partnerships 3 3 6.4(2) Large family units 3 3 Conservation 3.1 (2) Non-profit involvement 2 2 Rehabilitation 4.1 (3) Federal grant programs 14 14 4.2(3) RDA funds 6 6 4.4(l) No net loss of aff. units 0 Total Planned / Year 46 32 50 128 Total Required / Year 1 461 32 46 124 SECTION 2 DESCRIPTION OF HOUSING PROGRAMS AND PROGRAM ACCOMPLISHMENTS Redevelopment Set Aside Housing Fund Program: The City Council established a Community Redevelopment Agency and adopted a Redevelopment Plan in July 1999. A revision to the Redevelopment Plan in May 2003, clarified and refined the Agency's voting requirements. Some of the objectives of the Plan are to revitalize the downtown area, improve/correct existing infrastructure deficiencies, and expand and/or improve the community's housing stock in the redevelopment area. Program Accomplishments (Ongoing Program): As shown in Table 2 — Redevelopment Housing Funds Received below, the City has received approximately $1,729,590 in Low/Moderate Housing Set Aside funds. To date, $67,269 has been received in interest income and $46,829 has been spent on administration and Housing Trust costs. This leaves a balance in the fund of $1,750,030 as of June 30, 2006. In fiscal year 2006/2007, $142,290 of these funds were spent on the San Luis Obispo Non -Profit Housing Corporation's nineteen (19) unit senior housing project, located on EI Camino Real. An additional $370,000 was earmarked for a 4 -unit Habitat for Humanity Project on Traffic Way. Staff, in conjunction with the Housing Committee, will be outlining programs for the Redevelopment Board of Directors' review to best determine how to use the funds to implement the Redevelopment Plan. Table 2 - Redevelopment Housing Funds Received Inclusionary Housing Program: In June of 2003, the City Council adopted an "Inclusionary Housing" Program that required all development projects needing a Funds Accrued In Interest Monies YEAR Housing Set Earned Spent Fund Balance Aside Program 1999- - 2000 2000- $70,367 $70,36 2001 2001- $153,110 $153,11 2002 2002- $190,577 $190,57 2003 2003- $265,447 $265,44 2004 2004- $418,531 $418,531 2005 2005- $631,558 $67,269 $46,829 $651,99 2006 TOTAL $1,729,590 $67,269 $46,829 $1,750,03 TO DATE Inclusionary Housing Program: In June of 2003, the City Council adopted an "Inclusionary Housing" Program that required all development projects needing a "legislative" approval to deed restrict 20% of the proposed residential units for affordable housing. The required 20% is to be distributed as 20% Very Low, 37% Low and 43% Moderate in multi -family and commercial mixed use zoning districts and 100% Moderate in single-family residential zoning districts. Projects proposing ten (10) units or less may, at the developer's option and with City Council approval, pay in -lieu fees at 5.0% of the construction valuation for each residential unit or fractional unit in the project. Projects proposing eleven (11) or more residential units must have City Council approval to use the in -lieu fee option. Deed restrictions are for a period of 30 years. The program also requires that the affordable units be of comparable quality and dispersed throughout the project. Program Accomplishments (Ongoing Program): In 2003 and 2004, the City processed several entitlement projects that required inclusionary housing or in -lieu fees. Many of these projects are still in the process of recording final maps and applying for building permits. In 2003, deed restrictions were obtained for three (3) units, all at the moderate income level. Building permits were completed for three moderate deed restricted units in 2003 (two of the moderate units from 2003 and one moderate unit that began construction in 2002). In late 2005, the City Council adopted a revised inclusionary housing policy program. This new program is an equity sharing program for single family moderate income level units that provides for more flexibility when a purchaser might need to sell the unit. In addition to the equity -sharing provision, the City holds a silent second on the unit which does not have to be repaid until the unit sells. In 2005, there were 27 moderate level deed restricted units under the original inclusionary program. In early 2006, that number grew to approximately 40 based on the Developer Agreements that were required at the time of final map recordation. Implementation of the new inclusionary program started immediately and all Zone Change requests approved in 2006, were subject to the new program. In addition, two large projects that were approved prior to 2006, realized the value of the new inclusionary program, and all units in these projects have been sold under the parameters of the new inclusionary program [The Colony at Apple Valley and Las Lomas (Woodridge)]. Approximately 20 units were completed and sold in early 2006. Exhibit A, attached to this report, shows the location of the units and provides a tabulation of the type of deed restriction obtained. Exhibit A locates both projects which have been approved, but are still in the final map and/or building permit stages and projects which have completed the construction process. Many of the units listed in Exhibit A will not come on line until 2007 or later. As of June 30, 2006, the City had collected in -lieu fees in the amount of $361,760 and issued $2,115,046 in affordable housing program loans. The fund has received $5,427 in interest and spent $15,500 on legal services needed to implement the Affordable Housing Loan Program. This leaves $2,115,046 in loans receivable and $351,687 in available funds as of June 30th, 2006. In June 2007, a moderate level deed restricted unit was purchased by the City, using $322,904 of the available funds. Table 3 — In -lieu Housing Funds YEAR 2003-2004 In -lieu Housing Funds $ - Affordable Housing Loan Program Funds $ - 2004-2005 82,818 - 2005-2006 278,942 2,115,046 2006-2007 TOTAL TO DATE $ 361,760 $ 2,115,046 Beginning in 2007, it is anticipated that the City Council will budget a portion of the in - lieu fees for consulting services to develop goals and recommendations for allocation of the Inclusionary In -lieu fees and the Redevelopment Set -Aside program. This housing program contributes to the implementation of Housing Element Goals 2, 6 and 8. Mixed Use Policy: Provisions for mixed use residential/commercial development were added to the General Plan during the update process in 2002. In April 2004, the City Council adopted a mixed use application processing policy. This policy allows for Vertical Mixed Use through a Zone Change/Planned Development application and Horizontal Mixed Use through a General Plan Amendment. Program Accomplishments (Ongoing Program): The City processed its first mixed use entitlement in 2004, as a General Plan Amendment for a horizontal mixed use project. The project allowed for a commercial use on a main thoroughfare, with a duplex unit behind the store (K-Jons). Since that time, the City has processed approximately 6 additional mixed use projects, resulting in 467 units. The Principal Avenue project consists of 45 residential units (36 market rate; 4 moderate; 3 low and 2 very low) in conjunction with commercial development. The project was approved in 2004, but to date, the project developers have not submitted for building permits and it currently appears that the project site is for sale. In September of 2004, the City approved its largest mixed use project — The Dove Creek Development with 279 residential units. This project will contribute 20 -very low income units to the inclusionary program. Construction is under way and the first units were sold in early 2007. The Colony Square project was approved in August of 2005. Demolition has commenced and building permits are ready to issue. This project proposes 67 market rate residential units. In October 2005, the West Front project was approved. This project includes 32 residential units with 1 -very low, 2 -low and 3 -moderate inclusionary units. The commercial aspect of the project includes a motel which is currently under construction. This housing program contributes to the implementation of Housing Element Goals 1, 2, and 10. Second Residential Unit Ordinance: On July 27, 2004, the City Council adopted a "Secondary Residential Units and Accessory Structures" Ordinance, that became effective August 27, 2004. Previous to this ordinance, second units were only allowed in the Single -Family, One -Acre Minimum Zoning District, when the property was verified to be one acre net. The new ordinance allows for second units in all residential zoning districts, subject to development standards regulating square footage, parking and wastewater requirements. Program Accomplishments (Ongoing Program): Under the new ordinance, twenty-four (24) secondary residential units have been completed. In accordance with State guidelines, these second units are incorporated into Table 6, as "Low" income units. This housing program contributes to the implementation of Housing Element Goals 3, 4, 6, 9 and 10. Second Unit Amnesty Program: In addition to the Second Unit Ordinance, the City Council adopted a Second Unit Amnesty Policy that provides for registration of second units and guesthouses that were constructed or converted without entitlement or construction permits. The Amnesty Program runs from September 1, 2004 until September 1, 2006. Program Accomplishments (Ends September 1, 2006): Since the implementation of the Second Unit Amnesty Program on September 1, 2004, the City has completed nine (9) permits for non -permitted second units. This housing program contributes to the implementation of Housing Element Goal 4. Section 8 Housing Voucher Program: This is a state funded program, administrated by the Housing Authority of San Luis Obispo (HASLO). Income qualified households may have a portion of their residential rental costs subsidized by the program. Program Accomplishments (Ongoing Program): This program is administered by the Housing Authority of San Luis Obispo (HASLO). HASLO has administered the program since the mid-1970s. As of June 1, 2007, HASLO has 264 units (15%) within the City of Atascadero under Voucher contract out of a total of 1,754 units County -wide. This housing program contributes to the implementation of Housing Element Goal 3. Cooperation with Other Agencies: This is a flexible, informal policy that allows the City to work with public and/or non-profit agencies in the procurement and/or construction of various affordable housing projects to meet the needs of multi -family, single-family and senior households. Program Accomplishments (Ongoing Program): In 2004, the City worked with the Economic Opportunity Commission (EOC) processing an entitlement permit that allows for a 32 -bed overnight shelter in its Residential Suburban Zoning District. While the Planning Commission and the City Council approved the project, EOC experienced difficulties in finding grant monies. The approved Conditional Use Permit has expired and EOC is currently looking for a site more favorable for financing. Housing Authority of the City of San Luis Obispo(HASLO) processed entitlement permits for a 19 -unit senior housing project. The Conditional Use Permit was approved in December 2003. The City contributed redevelopment monies to the project in order to reduce costs. Construction on this project was completed in April 2007. The entire project is deed restricted to require that the units be rented for no more than 60% of the median County income level, qualifying the units as "lower" income. Habitat for Humanity for San Luis Obispo identified a project site at 5440 Traffic Way and has been working with the City's Redevelopment Agency and Community Development Department to secure financing and process entitlement permits for a four (4) unit project. This is an ongoing project which should be presented to the Planning Commission and the City Council in the summer of 2007. In addition to specific projects, the City works closely with HASLO for certification of eligible households for deed restricted units, and exploring ways and means to promote and provide affordable housing within the City. The City also holds a commissioner's seat on San Luis Obispo Housing Trust Fund's Commission. This housing program contributes to the implementation of Housing Element Goals 1, 3, 6 and 7. CDBG Funding: Community Development Block Grant (CDBG) funding is provided by the Federal Government to communities to benefit low and moderate income groups, address slums or blight and/or meet a particularly urgent community development need. Program Accomplishments (Ongoing Program): In keeping with the goals (and requirements) of the CDBG program, the City uses these funds to support and assist youth, housing, health, and code enforcement programs, in addition to urban renewal projects. As shown in Table 4 - CDBG Funds Disbursement, approximately 7% of the CDBG funds for 2006, were awarded to various housing programs, including the EI Camino Homeless Organization (ECHO). This organization provides overnight shelter to homeless individuals and works with the Economic Opportunity Commission (EOC) of San Luis Obispo County to provide ongoing services designed to help individuals into permanent housing situations. Table 4 - CDBG Funds Disbursement Program Category 2003 Award Percent 2004 Award Percent 2005 Award Percent 2006 Award Percent Americans with Disabilities Act $22,000 9% $67,679 30% $228,492 40% $0 o 0/o Youth Services $49,100 22% $7,000 3% $14,000 2% $9,735 3% Health Services $6,000 3% $2,000 1 % $8,000 1 % $26,000 9% Housing Services $17,900 8% $27,345 12% $29,240 5% $18,000 7% `Redevelopment/Economic Development $5,500 o 2 /o $26,500 12 /o 035% $198,965 $134,525 1 0 5/o Code Enforcement $85,000 37% $50,000 22% $50,000 9% $50,000 19% Administration $42,174 19% $45,131 20% $45,138 8% $27,209 10% **TOTALS $227,674 100% $225,655 100% $573,833 100% $265,469 100% *Literacy Council grants are included in the economic development funds **Code Enforcement grants include substandard housing enforcement funds There has been some delay between the allocation of funds and the actual spending of those funds, resulting in the need to reallocate funds. This housing program contributes to the implementation of Housing Element Goal 6. Density Bonus: The City provides a density bonus program that allows for a 35% increase over the base density when deed restricted affordable housing is provided in a project. In addition to the 35% increase, an additional 15% increase may be awarded for a project that provides exceptional architectural design. Program Accomplishments (Ongoing Program): Over the course of the last few years, several projects have been through the entitlement process which included density bonuses. The City allows for an additional 10% density increase over the State requirement of 25% when inclusionary housing is included in a project. Multi -family projects with exceptional architectural design may receive an additional 15% density increase, for a potential 50% increase over base density. Table 5 — Density Bonus Projects shows the projects which have received bonus densities in the last few years. With the slow down in the housing market over the last year, the City did not have the opportunity to award any density bonus units for 2006. Table 5 — Density Bonus Projects * Zoning Designations RS = Residential Suburban; RSF-X = Residential Single Family, .5 acre minimum; Mixed = Residential and Commercial Use; RMF -16 = Residential Multi -family, 16 units per acre; CR = Commercial Retail This housing program contributes to the implementation of Housing Element Goals 1, 2, 6 and 8. Base 25% 35% Bonus/ 15% Bonus Total Date Zoning* Density State anus Inclusionary for cpality Units Approved Project Housing Arch North Ferrocarril RS 12 4 16 10/08/02 (ZCH 2002-0029) Apple Colony (ZCH 2002-0035) RSF-X 56 14 70 08/12/03 Woodridge (ZCH 2003-0041) RSF-X 247 22 9 278 09/23/03 Southside Villas Apts RMF -16 64 22 86 10/07/03 (CUP 2003-0095) EI Camino Senior Hotel CR 14 5 19 12/02/03 (CUP 2003-0119) The Colony 2 PD 17 RSF-X 28 3 31 05/11/04 (ZCH 2003-0063) Dove Creek PD -12 Mixed 200 70 9 279 08/17/04 (ZCH 2003-0049 Oak Grove PD 17 (ZCH 2004-0082) RSF-X 21 3 24 09/28/04 7685 Navajoa (CUP 2005-0151) RMF -10 3 1 4 06/21/05 4705 EI Camino Real (GPA 2005-0016) RMF -16 27 9 4 40 01/17/06 TOTALS 672 21 129 25 847 * Zoning Designations RS = Residential Suburban; RSF-X = Residential Single Family, .5 acre minimum; Mixed = Residential and Commercial Use; RMF -16 = Residential Multi -family, 16 units per acre; CR = Commercial Retail This housing program contributes to the implementation of Housing Element Goals 1, 2, 6 and 8. Historical Preservation: Historical preservation was a noted concern of the Atascadero community during the general plan update process. To address this concern, the City Council adopted a historical preservation goal in the housing element. In conjunction with infill development in some of Atascadero's older neighborhoods, the City Council applied an historical overlay district on five (5) of the remaining Colony houses through 2005. In 2006, the historical colony house on Ridgeway Court was added to this inventory. Program Accomplishments (Ongoing Program): The recently updated General Plan Housing Element includes a goal to protect and conserve the existing housing stock and neighborhoods. Conservation and preservation of neighborhoods and sound housing, including places and buildings of historical and architectural significance is a major policy of this goal. The City of Atascadero was subdivided by E.G. Lewis in the early 1900's and marketed as a "utopian farming community." Several of the original lots were sold and developed with "colony" homes which still exist today. Preservation of these homes, where feasible, is important for maintaining a connection to the original principles upon which Atascadero was built. This housing program contributes to the implementation of Housing Element Goal 4. Energy Conservation: This program strives to inform residents of available energy saving techniques and alternative and/or innovative energy designs. Program Accomplishments (Ongoing Program): The City uses public information brochures and other materials to inform residents of energy saving techniques and allows for the construction of solar and wind generated facilities. In 2006, the Building Department completed seven (7) permits for construction of solar - powered energy systems for homes and businesses and three (3) solar permits for swimming pools. Green Build/Recycle Program: The Building Department has started disseminating information about the recycling of construction "waste." This program came on-line in 2006, and consists of public education and reference materials in support of a "construction waste handler." SECTION 3 PROGRESS TOWARDS REGIONAL HOUSING NEEDS ALLOCATION, REDUCTION OF GOVERNMENTAL CONSTRAINTS AND OTHER ACCOMPLISHMENTS Progress Towards the Regional Housing Needs Plan Allocation: The City of Atascadero recently adopted an updated housing element in June 2002. The updated element was completed prior to the final calculations on the Regional Housing Needs Plans (RHNP) by the San Luis Obispo Council of Governments (SLOCOG). The final RHNP (adopted in January 2003) is shown in Table 2, below, as the "Target" for the various income levels. The "Actual" column shows the number of residential building permits completed for the various income groups. The table includes the timeframe for meeting the RHNP, in order to show the City's overall progress. The "Actual" column is based on completed building permits. TABLE 6 — City of Atascadero's Share of the RHNP (Based on "finaled" Building Permits for 1/1/06-12/31/06) * The Low category includes all apartments, second residential units and guest houses. ** The moderate category includes all non -deed restricted multi -family units and manufactured homes. The year 2004, was approximately half way through the RHNP time period. As of December 31, 2004, Atascadero has met approximately 46% of its housing allocation and has met or exceeded the requirement for above moderate or market rate housing. Currently, the City has met approximately 68% of the requirement for moderate housing and 27% for low housing. Several projects which received entitlement in 2004, include provisions for approximately 58 very low units. In late 2006, an approved project which would have provided 32 very low units was withdrawn. The City now expects that only approximately 26 very low units might be built by the end of the RHNP time period. Overall, the City has met approximately 73% of the total RHNP as of December 31, 2006. SINGLE FAMILY UNITS BY INCOME CATEGORY YEAR VERY LOW LOW** MODERATE*** ABOVE MODERATE TOTALS Target Actual Target Actual Target Actual Target Actual Target Actual 2001 46 0 34 5 41 0 61 94 182 99 2002 45 0 34 4 41 91 61 177 181 272 2003 46 0 33 6 40 3 60 132 179 141 2004 45 0 33 1 40 2 60 131 178 134 2005 46 0 33 26 40 34 61 61 180 121 2006 46 0 34 27 40 78 60 125 180 230 2007 46 0 34 0 40 0 61 0 181 0 2008 6 Mnths) 25 0 19 0 22 0 33 0 98 0 TOTAL 345 0 254 69 304 208 456 720 1,359 997 * The Low category includes all apartments, second residential units and guest houses. ** The moderate category includes all non -deed restricted multi -family units and manufactured homes. The year 2004, was approximately half way through the RHNP time period. As of December 31, 2004, Atascadero has met approximately 46% of its housing allocation and has met or exceeded the requirement for above moderate or market rate housing. Currently, the City has met approximately 68% of the requirement for moderate housing and 27% for low housing. Several projects which received entitlement in 2004, include provisions for approximately 58 very low units. In late 2006, an approved project which would have provided 32 very low units was withdrawn. The City now expects that only approximately 26 very low units might be built by the end of the RHNP time period. Overall, the City has met approximately 73% of the total RHNP as of December 31, 2006. Reduction of Governmental Constraints: Over the past few years, the City of Atascadero has implemented several new programs and policies to reduce governmental constraints on housing production. While these programs and policies are difficult to quantify, the feedback from developers and others in the housing production community is generally favorable. The new programs and policies include: ■ Improved tracking process for permits under review with public access over the internet ■ Weekly inter -departmental plan check review meeting ■ Completion of a four (4) prong permit streamlining program ■ One-stop permit center ■ On-line permit center with public information ■ Target dates for plan check reviews ■ Intake meetings to ensure that complete applications are submitted ■ Housing Committee to research and make recommendations to the City Council on potential housing programs ■ Second Unit Ordinance ■ Second Unit Amnesty program These programs contribute specifically to the implementation of Housing Element Goal 9 and generally to Goals 3, 4, 6, and 10. Other Achievements: In conjunction with residential development, 152 entitlement permits were submitted for processing in 2006, and four (4) housing projects were approved. The approved entitlement permits resulted in approval for construction of approximately 51 new dwelling units for the City. This is down from the 144 units that received entitlement in 2005. The Building Department also continued to see activity on permits issued as a result of the San Simeon Earthquake. Approximately fourteen permits were completed 2007. SECTION 4 SUMMARYAND RECOMMENDED HOUSING PRIORITIES FOR 2005 SUMMARY: The City has enacted several programs and approved entitlement permits for several projects that contribute to the implementation of all of the Housing Element goals. As seen in Figure 1 below, over the past five years Atascadero has seen a significant increase in development activity involving both large and small projects. Building permits issued increased 43% from 2000 to 2004 and held steady for 2005. This activity has provided opportunities for implementation of housing programs designed to meet the requirements of the Housing Element goals. In addition, this activity has given the City a greater diversity in its housing projects, from apartments to new subdivisions. Figure 1 — Issued Building Permits 2000-2006 Building Permits Issued 2000-2005 1200 1000 a� 800 3 u) 600 E m a 400 200 0 2001 2002 2003 2004 2005 2006 Year The year 2004, was approximately halfway through the time period for meeting the requirements of the Regional Needs Housing Allocation and for implementation of the current Housing Element, which is required to be updated in 2009. To date, the City has met 73% of its Regional Housing Allocation (RHA) and if all the projects which currently have entitlement are built, the City can expect to meet and exceed 100% of the overall RHA. Table 1A — Quantified Objectives Accomplished, shows how the City is meeting the goals of the Housing Element by income level. The Quantified Objectives were officially adopted in June of 2002. Consequently, many of the target numbers for 2001 and 2002 were not met. In 2003, substantial progress was made in reaching the target numbers, which carried forward throughout 2005 and 2006. Programs 2.2 (1), 4.1 (3), 4.2 (3), and 4.4 (1) are the only programs where progress appears to be very slow. Staff is recommending that the City Council establish these programs as a priority for 2007. The following table, Table 9 — Percentage of Quantified Objectives Met shows how the City is doing overall in meeting the quantified objectives. Additional detail can be found in Table 1A which shows the actual breakout of each of the programs' categories. TABLE 9 — Percentage of Quantified Objectives Met Program Description Target 2001-2006 Actual 2001-2006 Percent Accomplished 1.1 2 Downtown Mixed Use 36 5 14% 1.1 3 Small Lot Single -Family 40 8 20% 1.1 4 PD in SFR -X Zone PD -17 48 118 245% 1.1 (5) Specific Plan for Large Projects 20 279 1,395% 1.1 7 Mobile and Group Homes 12 32 266% 1.1 (8) Support Apartment Construction 96 105 109% 2.1 1 Density Bonus 20 139 695% 2.1 2 PD -7 for Small -Lot Subdivision 68 37 54% 2.2(l) Mort a e Credit Cert. Program 8 0 0% 2.2(2) Inclusionary Ordinance 12 200 1,666% 3.1 (3) Second Units in SFR -Y 12 9 75% 3.1 (4) Mixed Use Projects 28 323 1,154% 3.2(l) Public/Private Partnerships 12 25 208% 6.4(2) Large Family Units 12 4 33% 3.1 (2) Non-profit Involvement 8 19 236% 4.1 (3) Federal Grant Program 56 0 0% 4.2(3) RDA Funds 6 0 0% 4.4(l) No Net Loss of Affordable Units 0 0 0% Based on the objectives that have been met and those that are still outstanding, a "road map" can be designed to help focus the attention of the City Council over the next five years, to fully implement the Housing Element. Recommended Housinq Priorities for 2007: Again, referring to Table 1A on the following page, it is apparent that several identified programs in the Housing Element still need to be implemented. These programs include the Downtown Mixed Use, the Mortgage Credit Certification Program, No Net Loss of Affordable Units, and the Federal Grant and Redevelopment Funding programs. Community Development Staff is recommending the City Council establish the following housing program priorities for the year 2007: 1. Five-year update of the General Plan Housing Element 2. Certification of the 2002 Housing Element Update of the General Plan 3. Establishment of the Mortgage Credit Certification Program 4. Approval of an Inclusionary Housing Ordinance 5. Approval of a Condominium/Mobile Home Conversion Ordinance 6. Research of housing entities that will purchase units which are near the expiration date of their affordable deed restriction 7. Identification and evaluation of housing programs, within the Redevelopment Plan Area, that could be funded with Redevelopment Agency monies 8. Update the Density Bonus Ordinance to reflect State law changes effective January 1, 2005 \\Cityhall\cdvlpmnt\— Housing Element\Annual Housing Report\Annual Report 2006\PC Staff Report Annual Report 2006.doc ITEM NUMBER: 5 DATE: 7-17-07 Atascadero Planning Commission Staff Report - Community Development Department Traffic Way Planned Development: Custom Planned Development 30 PLN 2007-1201 5440 Traffic Way (Habitat for Humanity) REPORT -IN -BRIEF: The proposed project consists of a Zone Text Change to establish a new site-specific Planned Development 30 Overlay Zone, and a Zone Map Amendment to establish a Planned Development Overlay Zone 30 on the subject site with a corresponding Master Plan of Development (CUP 2007-0209) and Vesting Tentative Parcel Map that would allow a 4 -unit attached residential Planned Development. The project site is currently developed with a single-family residence that will be removed. RECOMMENDATIONS: Staff Recommends Planning Commission: 1. Adopt Resolution PC 2007-0060 recommending the City Council certify Proposed Mitigated Negative Declaration 2007-0007; and, 2. Adopt Resolution PC 2007-0061 recommending the City Council introduce an ordinance for first reading by title only, to approve Zone Text Change 2007-0136 to establish Planned Development Overlay Zone 30; and 3. Adopt Resolution PC 2007-0062 recommending the City Council introduce an ordinance for first reading by title only, to approve Zone Map Change 2007-0137 based on findings; and, 4. Adopt Resolution PC 2007-0063 recommending the City Council approve Conditional Use Permit 2007-0209 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 5. Adopt Resolution PC 2007-0064 recommending the City Council approve Vesting Tentative Parcel Map 2007-0088 (AT 07-0074) based on findings and subject to Conditions of Approval and Mitigation Monitoring. DISCUSSION: Situation and Facts: 1. Applicant / Representative: Habitat for Humanity for San Luis Obispo County, P.O. Box 613, San Luis Obispo, CA 93406 2. Project Address: 5440 Traffic Way, Atascadero, CA 93422 APN 029-062-013 (San Luis Obispo County) 3. General Plan Designation: HDR (High Density Residential) 4. Zoning District: RMF -16 (Residential Multi -family - 16) 5. Site Area: 0.21 acres (9,345 square feet) 6. Existing Use: Residential Single -Family 7. Environmental Status: Proposed Mitigated Negative Declaration 2007-0007 Background Surroundina Land Use and Settin North: Residential Multi -family South: Residential Multi -family East: Industrial West: Residential Multi -family The project site is within the City's Redevelopment Area and is within the General Plan's High Density Residential Land Use and the Zoning Ordinance's Residential Multi - Family -16 Districts, allowing for a maximum density of 16 units per acre. The properties within the existing residential neighborhood are developed with a combination of single - and multiple -family projects. ANALYSIS: The applicant is proposing to build two duplex buildings for a total of four living units on four "zero lot line" parcels. Proposed new homes have approximately 922 square feet of living space and 210 square feet of garage space. Lot sizes range from 1,352 to 3,125 square feet. Density Calculations The project site is within the RMF -16 Zoning District and is approximately 0.26 acres in size. At 16 units per acre, the site qualifies for (3) three units. Habitat is requesting a density bonus of 1 unit based on the City's General Plan Housing Element Program 2.1.2 which offers a 35% density bonus for projects that include deed restricted very low, low, and moderate income housing. Habitat's project proposes three units, 100% reserved for lower income families and as such, would qualify for the 35% density bonus which would result in one additional unit for a total of four units. Redevelopment Area The project is located within the City's Redevelopment Area and the resulting residential units will be deed restricted at the very low income range for a period of 45 years. The City's Redevelopment Agency has contributed to the project by authorizing a $300,000 low interest, long term loan, with an additional "not to exceed" $70,000 for permit processing fees. Planned Development Requirements The Planned Development Overlay Zones identify areas where development standards differ from those of the underlying zoning district. The modifications are deemed necessary to promote orderly and harmonious development and to enhance the opportunity to best utilize special characteristics of an area. The proposed project is an affordable, deed restricted, small lot subdivision. The parcel is an under-utilized, multi -family parcel that is within walking distance to downtown, approximately one-half mile from the nearest fixed -route public transit stop, approximately one mile from the High School and one-half mile from the Jr. High School. Children would be able to catch the school bus to elementary schools at the Jr. High School. Proximity to these public facilities and the ability to connect with existing infrastructure such as water and wastewater facilities render 5440 Traffic Way a suitable site for this type of development. Appearance Review Parking: The proposed project includes (4) four units, all of which take access off a shared driveway fronting on Traffic Way. This limits the number of driveway cuts from Traffic Way, but results in tight interior parking and access to the garage on Unit D. The project engineer has submitted a letter, dated June 21, 2007, (attachment 2) that states that compact autos can easily negotiate the travel path, large sedans and mini vans would have more difficulty and large trucks would be required to complete a 3 -point turn. Units A and B both have one car garages with an additional parking space in front of the garage doors. Units C and D have one car garages with an additional space each, facing Units A and B. There is one guest parking space. Driveway: Habitat originally thought an exception to the driveway standards would be needed to accommodate the project. However, with a redesign of the front units, the project will meet the required 20 -foot driveway width and have room to install landscaping between the edge of the pavement and the building (condition 10 of CUP 2007-0209). Driveway Design: The applicant will use two different colored pavers in order to break up the monotony of the driveway approach and compensate for the lack of landscaping and the narrower setbacks (condition 10 of CUP 2007-0209). Solid Waste Disposal The project proposes a shared trash collection area with individual bins. The future owners will be required to roll the bins to the curb for pickup. Two -Tone Pavers �� =�w�■■III' II' IIIIIIIIIIIIIIIIIII IIIIIi��I■ III' III II"II ............. IIIII I� , •' •Y I �iM• 11 :# �r■ '■I� . mc�na •o 3 -foot side setbacks 15 -foot front setback Trash Bin Area Site Drainage Site drainage will be graded towards the existing drainage system and will flow under Traffic Way, off site, into an existing storm water channel. The existing storm drain on the property lies within an easement that serves six (6) additional, upstream parcels. This drainage system is proposed to be modified to accommodate the additional flow from this proposed project. The applicant has received permission letters (on file in the Community Development Department) from five (5) of the upstream parcel owners. The applicant has also submitted a legal opinion from their legal counsel which has been reviewed by the City Attorney. In essence, the legal opinion of both attorneys is that the drainage system may be modified by the applicant, providing the result of the modification does not have a negative impact on the upstream users. The project engineer has certified that the drainage modifications shall not result in negative impacts to the upstream users. Architecture, Materials, and Color The proposed units consist of approximately 925 square feet of living space and 210 square feet of garage/laundry space. The units are 2 -stories with covered front doorways and cantilevered second story decks. The units will be constructed of Hardiplank siding materials, with vinyl windows, fiberglass doors and composite roofs. Proposed colors are predominately khaki brown with green and red accents. - I _ REAR �z[DF. MMEW M*V ft*iw* LIP MOSW C4*Td 7 IM, (T I R IN 1 wed FdP Roahed r cw�) Cnlwc KIaII Brun, IiGp>tah 5ye. Tusss Ga{d. BocdLay MA TMbrW Rad Trkn: iwmra PYrMCaior. CWA am MAO* e: VNIVm D� FbM9hn, YdbVWdi w1mM eFebe Raaf: W -Ti aft34kiNbnBman%wc F FRONT—Feeing Street UNITS C & D FRONT—Facin; Rear Yard UNITS A & B RIGHT SIDE RECEIVED APR 10 2001 GQMlfllw:Tf OEVELOPM"IT RIGRT SIDS Landscape Design The landscape plan includes the planting of seven oak trees, shrubs, and approximately 450 square feet of lawn area, divided between six open space/yard areas. The landscaping is designed to be low maintenance. Native Tree Mitigation/Preservation MAW Lfa.V ner�� A tree removal application for 2 native trees (1 Valley oak and 1 Live oak) is included with the proposed development. These trees are located on the north property line. The applicant has received a letter from the adjacent property owner agreeing to the removal of the trees (attachment 3). A condition of approval has been included requiring the applicant to pay mitigation fees into the Tree Replacement Fund or provide equivalent re -plantings on site, as required by the Atascadero Native Tree Ordinance and as shown in the following chart (Condition 19 of Conditional Use Permit 2007- 0209). The applicant is proposing to replant a total of 11 fifteen -gallon trees (4 Live Oaks and 7 Valley Oaks). 0 — =&.� . ..•v _.. p a 0 6�i'—�.�... •�. a ... ner�� A tree removal application for 2 native trees (1 Valley oak and 1 Live oak) is included with the proposed development. These trees are located on the north property line. The applicant has received a letter from the adjacent property owner agreeing to the removal of the trees (attachment 3). A condition of approval has been included requiring the applicant to pay mitigation fees into the Tree Replacement Fund or provide equivalent re -plantings on site, as required by the Atascadero Native Tree Ordinance and as shown in the following chart (Condition 19 of Conditional Use Permit 2007- 0209). The applicant is proposing to replant a total of 11 fifteen -gallon trees (4 Live Oaks and 7 Valley Oaks). dbh notes dbh notes 1 26 -inches Tree 2 1 12 -inches Tree 1 2 2 3 3 4 4 5 5 6 6 Total 26 -inches Total 12 -inches 38 -inches Mitigation Requirement req'd tree replacements: 9 five gal trees req'd tree replacements: 8 five gal trees 17 five gal trees Proposed Replanting 12 five gal trees Proposed Replanting 21 five gal trees 33 five gal trees 0 box trees (24") 0 box trees (24") 0 box trees (24") Remaining Mitigation -3 five gal trees Remaining Mitigation -13 five gal trees 1 -16 five gal trees Tree Fund Payment: $ 433.33 Tree Fund Payment: $ 400.00 I $ 833.33 PROPOSED REPLANTING WILL BE 15 -GALLON TREES Wastewater The project will connect to existing wastewater facilities in Traffic Way. 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 16 and 17 of CUP 2007-0209). This project will be required to annex into the Community Facilities District, however, the project taxes will be set to zero until such time as the project ceases to be an affordable project. Inclusionary and Workforce Housing The City Council has implemented an interim Inclusionary Affordable Housing Program. This program requires projects receiving a legislative approval to include a fixed percentage of units as deed restricted affordable units. Projects comprised of 10 residential units or less may request Council approval of payment of in -lieu fees rather than construction of the affordable units. This Planned Development is proposed as a very low income level project and all four units will be deed restricted for a period of 45 years. The project will be administered by the applicant. The City's Redevelopment Agency has invested a portion of the its 20% Affordable Housing Set Aside funds in this project and if for any reason, Habitat ceases to be able to administer the project, the City has a right of first refusal to purchase the units and retain them in the City's Inclusionary Housing Program. Project Benefits According to the City Council Policy, one of the required findings for approval of a Planned Development Rezone is that the project must "...offer certain redeeming features to compensate for the requested modifications." The table shown below outlines the Council policy on Planned Development benefits. In order to recommend approval of this project, the Planning Commission must find that the project offers all of the Tier 1 benefits to qualify for a Planned Development project. The proposed project will be a 45 -year, deed restricted affordable housing product, restricted to `very low" income limits. The project offers Tier 1 benefits a and e. Benefit d does not apply to this project site because it is surrounded by multi -family zoning. The proposed architecture is fairly standard for two-story, duplex type buildings. Landscaping is designed to be low maintenance and somewhat drought tolerant through the use of native trees, lavender, and coffee berry plants. There are six small lawn areas totaling approximately 450 square feet. The use of native trees and drought tolerant plant species contributes to Tier 1 c benefits. Habitat for Humanity is proposing quality materials for construction which will be almost entirely donated by local businesses and Habitat supporters. Staff is recommending Condition 7 of CUP 2007- 0209 which requires that the elevations fronting on Traffic Way be enhanced with full frontage porches and that the windows be aligned in a more symmetrical fashion. This would allow the project to better meet the requirements of Tier 1 benefit b. 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 30 c) High Quality Landscape Design Connectivity d) Buffering between Urban and c) Historic Preservation Suburban zones (large lot sizes, increased setbacks, landscape buffers, etc.) e) Higher density to meet Housing Element goals Tentative Parcel Map A 4 -lot Vesting Tentative Parcel Map (TPM 2007-0088 [AT 07-0074]) is proposed as part of the project consistent with the proposed Master Plan of Development and proposed PD -30 Overlay Zone. The Tentative Map has been conditioned by staff and the City Engineer to meet all City standards including on-site subdivision and frontage improvements. The applicant will be required to record CC&R's or other maintenance agreements with the map that will include access to/through and maintenance of all common areas (condition 12 of TPM 2007-0088). 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. Housing Element Policy 2.1: Promote development and construction of new housing units for ownership, especially by low and moderate income families. Housing Element Program 2.1.2: Offer a 35% (percent) density bonus for projects that include deed restricted very low, low, and moderate income housing. Housing Element Goal 6: Improve housing opportunities and living conditions for people with low and moderate incomes and those with special needs. Housing Element Policy 6.1: Ensure that all persons, regardless of race, religion, age, sex, marital status, ancestry, national origin, or color, have equal access to sound and affordable housing. Housing Element Policy 6.3: Encourage multi -family projects that provide affordable housing. In addition, the project meets the Redevelopment Plan 210.14 Objective — Transition of obsolete land use or uses, causing the under -utilization of the underlying land. Findings Establishment of PD -30 (Zone Text Amendment) 1. Modification of development standards or processing requirements is warranted to reduce construction costs and thereby facilitate the development of a "sweat - equity" small -lot home ownership project within the City's Redevelopment Area. 2. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development because the site contains easements which can not be relocated and which impact the physical layout of the proposed development. 3. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of 5440 Traffic Way and will have a beneficial effect on the area by allowing for affordable, small -lot home ownership within a multi -family zoning district, while reducing impacts to a 65 - inch diameter, native Valley Oak tree. 4. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements due to specific site constraints consisting of a non-relocatable drainage easement and a 65 -inch diameter, native Valley Oak. 5. Establishment of the PD -30 Overlay Zone on 5440 Traffic Way is warranted based on the very -low affordability requirements of the proposed project and its location within the City's Redevelopment Area. Planned Development Overlay (Zone Map Amendment) As specified in the City's General Plan and Zoning Ordinance, the following specific findings for the proposed Zone Change shall be made in order to approve the proposed project: 1. The proposed Zone Change is in conformance with the adopted General Plan goals, policies, and programs and the overall intent of the General Plan to encourage infill development and provide affordable housing. 2. The proposed Zone Change is compatible with existing development, neighborhoods and the environment in that the amended development standards will allow for preservation of a native tree and development of a small -lot home ownership project in an area designated for multi -family development. 3. The proposed Zone Change will not create any new significant and unavoidable impacts to traffic, infrastructure, or public services as infrastructure is existing and Traffic Way is designed to accommodate the additional traffic. 4. The proposed Zone Change, as conditioned, is consistent with the project - specific Mitigated Negative Declaration. Conditional Use Permit 2007-0209 (Master Plan of Develoament 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 High Density Residential designation of the General Plan and General Plan Land Use Element Policies 1.1, 1.1.7 and the General Plan Housing Element Policies 2.1; 2.1.2 and General Plan Housing Element Goals 6, 6.1 and 6.3. In addition, the proposed project is consistent with Redevelopment Plan Objective 210.14. 2. The proposed project or use satisfies all applicable provisions of the Zoning Ordinance as amended under the Planned Development Overlay, 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 because it is located within a multi -family zoning district and the project is for residential use. 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 because it is a residential development within a residential 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. Staff Comment: Traffic Way currently operates at a Level of Service (LOS) A. During the afternoon rush hour (when schools let out) the LOS may fall to C for a short period of time. The City Council has established LOS C as the minimum LOS for the City. The addition of four residential units will result in approximately 40 additional average trips per day which will have minimal impact on the existing LOS and should not result in an overall decrease to the LOS. Tree Removals 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 ■ If saving the tree requires the removal of more desirable trees Proposed Environmental Determination A Draft Mitigated Negative Declaration was circulated to public agencies and interested members of the public on May 15, 2007. The environmental analysis identified concerns regarding potential impacts to air quality during construction, biological resources, cultural resources, geology, storm water and noise during construction. Mitigation measures pertaining to these resources are included in the draft resolutions attached to this report. 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. rnnrhminn The proposed development, as conditioned, is consistent with the General Plan and compatible with the surrounding neighborhood. The project incorporates appearance review of architectural design, materials, and landscaping. Required conditions and mitigation measures have been appropriately incorporated into the project. As analyzed within the project Initial Study and Draft Mitigated Negative Declaration, the proposed Master Plan of Development would have no significant environmental impact and will not be detrimental to the general public or working persons health, safety, or welfare. ALTERNATIVES 1. The Commission may recommend modifications to the project and/or conditions of approval for the project to the City council. 2. The Commission may determine more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information required and move to continue the item to a future date. 3. The Commission may recommend the City Council deny the project. The parcel would retain its designation of Residential Multi -family. The Commission should specify the reasons for denial of the project and recommend an associated finding with such action. PREPARED BY: Kerry Margason, Associate Planner ATTACHMENTS: Attachment 1: Location, General Plan, and Zoning Map Attachment 2: Project Engineer's Parking Letter, June 21, 2007 Attachment 3: Neighbor's Tree Removal Permission Letter Attachment 4: Draft Resolution PC 2007-0060 Certifying Mit. Negative Dec. Attachment 5: Draft Resolution PC 2007-0061 Zoning Text Modification Attachment 6: Draft Resolution PC 2007-0062 Zoning Map Modification Attachment 7: Draft Resolution PC 2007-0063 Master Plan of Development Attachment 8: Draft Resolution PC 2007-0064 Vest. Tentative Parcel Map Attachment 1: Location , General Plan and Zoning Map General Plan — HDR Zoning District — RMF -16 (Residential Multi -family, 16 -units per acre) Attachment 2: Project Engineer's Parking Letter, June 21, 2007 I JUN 2 2 2007 June 21, 2007 Ms. Kerry Margason City of Atascadero 6907 EI Camino Real Atascadero, CA 93422 Subject: Garage parking - Habitat for Humanity, PLN -2007-1182 Dear Ms. Margason: We have revised the site plan for the Habitat for Humanity project, to accommodate the turning radius of conventional automobiles. The point of concern was related to Unit D, and the ability for cars to negotiate the 180 degree turn from the entrance driveway to the garage. To evaluate the turning movement, we laid out the full size dimensions of the entry drive, parking lot, and garage on an open asphalt area. We then drove a variety of vehicles to determine which could comfortably make the turn. We found that compact autos (VW New Beetle) can easily negotiate the travel path in a single movement; large sedans and mini vans(Toyota Avalon, Honda Odyssey) can also negotiate the movement but do not have much room for error before needing to make a 3 -point turn; and large Trucks (4-wd Dodge Dakota Quad Cab) require a 3 -point turn. We conclude that this demonstrates that vehicles typically used by the project occupants will be able to properly enter the garage of Unit D. All other units have typical parking lot — garage entrance movements and are not considered to be an issue. Please let me know if you have any questions regarding this. Sincerely, WALLA QE GROUP �r�aiit Campbell, PE Principal Parking Letter.doc WALLACE GROUPe CIVIL ENGINEERING CONSTRUCTION MANAGEMENT LANDSCAPE ARCHITECTURE MECHANICAL ENGINEERING PLANNING PUBLIC WORKS ADMINISTRATION SURVEYING / GIS SOLUTIONS WATER RESOURCES WALLACE SWANSON INTERNATIONAL WALLACE GROUP A C.Hf—ia Carp—vm 4115 BROAD ST SUITE B-5 SAN LUIS OBISPO CALIFORNIA 93401 T 805 5444011 F 805 5444294 www.wallacegroup.us Attachment 3: Neighbor's Tree Removal Permission Letter Jun 04 2007 11:53RM Th-- Locketz Family 408'96322 P.1 JUN 2 2 2007 .V Habitat H•��..s�..rry for San truss Obispo County Post Office Box 613 San Luis Obispo, CA 93406 2146 Parker St1 a #A2 (805) 782-0687 • i&.@hfhsloco oM • V".hrhAL0 oro Address_ Phone As the property owner at 5 LALo - -'5-14 (.4 � '` (1:0 a A I give my permission for Habitat for Humanity for San Luis Obispo County to remove the two trees located on the property line of my parcel. r— — I Sigi 1 -� Date- jidG� ATTACHMENT 4: Draft Resolution PC 2007-0060 Approval of Draft Mitigated Negative Declaration DRAFT RESOLUTION PC 2007-0060 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CA, RECOMMENDING THAT THE CITY COUNCIL CERTIFY PROPOSED MITIGATED NEGATIVE DECLARATION 2007-0007 PREPARED FOR PLN 2007-1201 ON APN 029-062-013 5440 Traffic Way (Habitat for Humanity) WHEREAS, an application has been received from Habitat for Humanity for San Luis Obispo County (P.O. Box 613, San Luis Obispo, CA 93406) Applicants and Property Owners, to consider a project consisting of a Zone Change from RMF -16 (Residential Multi -family -16) to RMF-16/PD30 (Residential Multi -Family -16 with a Planned Development Overlay 30) with corresponding Master Plan of Development and Vesting Tentative Parcel Map located at 5440 Traffic Way, (APN 029-062-013); and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2007-0007 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 July 17, 2007 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, WHEREAS, the Planning Commission has determined that the project will have no significant impacts with project specific mitigation measures incorporated; and, NOW THEREFORE, the Planning Commission of the City of Atascadero, hereby resolves to recommend that the City Council certify Proposed Mitigated Negative Declaration 2007-0007 based on the following Findings, and as shown in Exhibit A: 1. The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, 2. The Proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, 3. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project; and, 4. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, 5. The project does not have impacts which are individually limited, but cumulatively considerable; and, 6. The project will not cause substantial adverse effects on human beings either directly or indirectly; and, BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A Proposed Mitigated Negative Declaration 2007-0007 See following ATTACHMENT 5: Draft Resolution PC 2007--0061 Approval of Proposed Zoning Text Change to establish a PD -30 Overlay Zone DRAFT RESOLUTION PC 2007-0061 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CA, RECOMMENDING THAT THE CITY COUNCIL AMEND THE ATASCADERO MUNICIPAL CODE BY APPROVING ZONE CHANGE 2007-0136 TO ESTABLISH A PLANNED DEVELOPMENT OVERLAY 30 (5440 Traffic Way / Habitat for Humanity) WHEREAS, an application has been received from Habitat for Humanity for San Luis Obispo County (P.O. Box 613, San Luis Obispo, CA 93406) Applicants and Property Owners, to consider a project consisting of a Zone Change from RMF -16 (Residential Multi -family -16) to RMF-16/PD30 (Residential Multi -Family -16 with a Planned Development Overlay 30) with corresponding Master Plan of Development and Vesting Tentative Parcel Map located at 5440 Traffic Way, (APN 029-062-013); and, WHEREAS, Article 28 of the Atascadero Municipal Code allows for the creation of Planned Development Overlay Zones to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0007 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, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Code Text to protect the health, safety, and welfare of its citizens by applying orderly development and expanding housing opportunities within the City; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said zoning text amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on July 17, 2007 studied and considered Zone Change 2007-0136, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of a Zone Text Chante Creating a PD -30 Planned Development Overlay District. The Planning Commission finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development because the site contains easements which can not be relocated and which impact the physical layout of the proposed development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of 5440 Traffic Way and will have a beneficial effect on the area by allowing for affordable, small -lot home ownership within a multi -family zoning district, while reducing impacts to a 65 -inch diameter, native Valley Oak tree. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements due to specific site constraints consisting of a non-relocatable drainage easement and a 65 -inch diameter, native Valley Oak. 4. Establishment of the PD -30 Overlay Zone on 5440 Traffic Way (APN 029-062-013) is warranted because it will provide an opportunity to establish a very -low affordable project within the City's Redevelopment Area. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on July 17, 2007 resolved to recommend that the City Council introduce, for first reading by title only, an ordinance that would amend the City Zoning code text with the following: 9-3.675 Establishment of Planned Development Overlay Zone 30 Planned Development Overlay Zone 30 is established on APN 029-062-013 (5440 Traffic Way) in the Residential Multi -family zoning district. The maximum residential density within the planned development shall not exceed the density allowed by the underlying zoning district and provisions of the Atascadero Municipal Code. The following development standards shall be met by the entitled project within the PD -30 overlay zone: a) All site development shall require the approval of a Master Plan of Development. All construction and development shall conform to the approved Master Plan of Development, as conditioned. b) The Tentative Parcel Map and any subsequent amendments for the site shall be consistent with an approved Master Plan of Development. All construction and development shall conform to the approved Master Plan of Development, as conditioned. c) No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Master Plan of Development. d) Appearance of each dwelling unit, site landscaping, site development, and amenities shall be consistent with the Master Plan of Development, as conditioned. All landscaping shall be consistent with the Master Plan of Development, as conditioned and shall be installed by the developer and shall be maintained as approved. e) All utilities, including electric, telephone, and cable, within the PD and along the project frontages shall be installed underground and/or relocated underground. f) Exterior walls or fencing shall be consistent throughout the project. Design and appearance of fences and/or walls shall be compatible with the design of the dwelling units. Fence posts shall be metal or pressure treated wood. Wood preservative/sealer shall be applied to fence panels. g) All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ATTACHMENT 6: Draft Resolution PC 2007-0062 Approval of Proposed Zoning Map Change DRAFT RESOLUTION PC 2007-0062 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CA, RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2007-0137, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 029-062-013 FROM RMF -16 (RESIDENTIAL MULTI -FAMILY —16) TO RMF -16 /PD -30 (RESIDENTIAL MULTI -FAMILY —16/ PLANNED DEVELOPMENT OVERLAY 30) 5440 Traffic Way (Habitat for Humanity) WHEREAS, an application has been received from Habitat for Humanity for San Luis Obispo County (P.O. Box 613, San Luis Obispo, CA 93406) Applicants and Property Owners, to consider a project consisting of a Zone Change from RMF -16 (Residential Multi -family -16) to RMF-16/PD30 (Residential Multi -Family -16 with a Planned Development Overlay 30) with corresponding Master Plan of Development and Vesting Tentative Parcel Map located at 5440 Traffic Way, (APN 029-062-013); and, WHEREAS, the site's General Plan Designation is HDR (High Density Residential); and, WHEREAS, the site's current zoning district is RMF -16 (Residential Multi -family -16); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0007 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, 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, 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 July 17, 2007 studied and considered Zone Change 2007-0137, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of Atascadero Changing the existing site zoning to RMF -16/ PD -30. 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 July 17, 2007, resolved to recommend that the City Council introduce for first reading by title only, an ordinance that would rezone the subject site consistent with the following: Exhibit A: Location and Zone Map Amendment Diagram BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Location and Zone Map Amendment Diagram Existing Designation: - High Density Residential - Residential Multi -family - 16 Proposed Designation: - High Density Residential - Residential Multi -Family -16/ PD 30 ATTACHMENT 7: Draft Resolution PC 2007-0063 Approval of Proposed Master Plan of Development (CUP 2007-0209) DRAFT RESOLUTION PC 2007-0063 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2007-0209 (MASTER PLAN OF DEVELOPEMNT) ON APN 029-062-013 5440 Traffic Way (Habitat for Humanity) WHEREAS, an application has been received from Habitat for Humanity for San Luis Obispo County (P.O. Box 613, San Luis Obispo, CA 93406) Applicants and Property Owners, to consider a project consisting of a Zone Change from RMF -16 (Residential Multi -family -16) to RMF-16/PD30 (Residential Multi -Family -16 with a Planned Development Overlay 30) with corresponding Master Plan of Development and Vesting Tentative Parcel Map located at 5440 Traffic Way, (APN 029-062-013); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from RMF -16 (Residential Multi -Family -16) to RMF -16 with PD 30 (Residential Multi -Family -16 with a Planned Development Overlay 30); and, WHEREAS, the Planned Development 30 Overlay Zone requires the adoption of a Master Plan of Development, approved in the form of a Conditional Use Permit; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0007 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 July 17, 2007 studied and considered the Conditional Use Permit 2007- 0209 (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 -30 Overlay Zone; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 6. The Master Plan of Development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area; and 7. Benefits derived from the Master Plan of Development and PD overlay zone cannot be reasonably achieved through existing development standards or processing requirements; and, SECTION 2. Findings for Approval of Tree Removal. The Planning Commission finds as follows: 1. The trees are obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: ■ Early consultation with the City; ■ Consideration of practical design alternatives; ■ Provision of cost comparisons (from applicant) for practical design alternatives; ■ If saving tree eliminates all reasonable uses of the property; or ■ If saving the tree requires the removal of more desirable trees. SECTION 3. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on July 17, 2007 resolved to recommend that the City Council approve Conditional Use Permit 2007-0209 (Master Plan of Development) and Tree Removal Permit subject to the following: EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program EXHIBIT B: Master Plan of Development / Site Plan EXHIBIT C: Floor Plans EXHIBIT D: Elevations EXHIBIT E: Preliminary Landscape Plan EXHIBIT F: Irrigation Plan EXBIBIT G: Tree Removal Application BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Vice -Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program Planned Development -30 /PLN 2007-1201/CUP 2007-0209 Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring FM: Final Map 5440 Traffic Way BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2007-1201 A Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay 30 F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. The approval of this use permit shall become final and effective for the purposes of FM PS issuing building permits thirty (30) days following the City Council approval of ZCH 2007-0136 and ZCH 2007-0137 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. The Community Development Department shall have the authority to approve the BP/FM PS, CE following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. 3. Approval of this Conditional Use Permit shall be valid for twelve (12) months after BP/FM PS its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 4. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or Ongoing PS its agents, officers, and employees against any claim or action brought to challenge on approval by the City, or any of its entities, concerning the subdivision 5. All subsequent Tentative Map and construction permits shall be consistent with the BP/FM PS, CE Master Plan of Development contained herein. 6. All site development shall comply with the standards of the Planned Development BP PS, BS 30 Overlay District. 7. All exterior elevations, finish materials and colors shall be consistent with the BP PS/BS Master Plan of Development as shown in EXHIBITS B through F with the following modification: ■ The elevations fronting on Traffic Way shall have full frontage porches. ■ The windows in the elevations fronting on Traffic Way shall be realigned to project a more symmetrical appearance. 8. Driveway width shall be 20 feet, in accordance with Fire Department standards and BP PS, BS shall be constructed of pavers and edged in a darker colored paver to provide definition and reduce monotony. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 5440 Traffic Way FM: Final Map BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2007-1201 A Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay 30 F0: Final Occupancy CE: City Engineer WW; Wastewater CA: City Attorney 9. All site work, grading, and site improvements shall be consistent with the Master BP/FM PS, BS, Plan of Development as shown in EXHIBITS B through F. Where discrepancies CE exist between the landscape plan and the grading plan, the grading plan will take precedence. 10. All project landscaping and fencing shall be installed consistent with EXHIBITS B GP/BP PS through F with additional landscaping installed between the front building and the edge of the driveway. 11. The proposed project shall incorporate colors consistent with the color boards for GP/BP PS the project, on file in Community Development Department. 12. Prior to final inspection of building permits, all landscaping, consistent with Exhibits BP PS E and F shall be installed, including all irrigation materials and working, with additional landscaping installed between the driveway and the eastern (front) most building. 13. The developer and/or subsequent owner(s) shall assume responsibility for the FM/ PS continued maintenance of all landscape and common areas, consistent with Ongoing EXHIBITS B through F. 14. This project is an Affordable Housing project and all units shall be deed restricted FM/BP PS, CA at the very low income level for a period of 45 years, consistent with the City's Redevelopment Plan. 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. 16. 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. ■ 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. Conditions of Approval / Mitigation Monitoring Program 5440 Traffic Way PLN 2007-1201 Planned Development Overlay 30 Timing FM: Final Map BL: Business License GP: Grading Permit BP: Building Permit A Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibil ity /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer wyy; Wastewater CA: City Attorney Mitigation Measure 17. 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, sidewalks, streetlights, street signs, roads, emergency access roads, 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 18. 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) A detailed list of each individual homeowner's responsibilities for maintenance of the designated trash storage area. d) Garages shall be maintained and used for vehicle parking. e) No boats, RV's or other type of recreation vehicle may occupy a guest or resident parking space, including within an individual garage. f) A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring FM: Final Map 5440 Traffic Way BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2007-1201 A Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay 30 F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney The applicant may choose not to record CC&R's as shared facilities are minimal. In this case, the applicant will be required to record a combination of deed restrictions alerting future owners to project conditions and maintenance agreements for the shared maintenance of the drainage and shared parking facilities. 19. Approval of this permit shall include the removal of 2 Native Trees. The applicant BP PS, BS shall be required to pay mitigation fees or provide replantings on-site per the requirements of the Atascadero Native Tree Ordinance. Any additional removals shall be subject to Planning Commission approval. • A mitigation deposit shall be collected for all native trees impacted 40% or greater. The deposit shall be released no sooner than 18 months following final of the unit(s) impacting the trees. 20. The applicant must provide for the repair and maintenance of on-site shared FM CE improvements. This includes guest parking areas that cross property lines, shared driveways, and common drainage facilities. The two methods that may be used are: a. Homeowners Association. This private organization would be responsible for the maintenance, repair and replacement of the facilities. b. Other form of non -revocable maintenance agreement approved by the City Engineer and the Community Development Director. The City Engineer and City Attorney shall approve the final form prior to recordation. City Engineer Project Conditions 1. In the event that the applicant bonds for the public improvements required as GP, BP CE a condition of this project, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 2. An engineer's estimate of probable cost shall be submitted for review and GP, BP CE approval by the City Engineer to determine the amount of the bond. 3. The Subdivision Improvement Agreement shall record concurrently with any FM CE Final Map. 4. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to GP, BP CE the property frontage. 5. The applicant shall acquire title interest in any off-site land that may be GP, BP CE required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring FM: Final Map 5440 Traffic Way BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2007-1201 A Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay 30 F0: Final Occupancy CE: City Engineer WW; Wastewater CA: City Attorney egress is affected by these improvements. 6. Slope easements shall be obtained by the applicant as needed to GP, BP CE accommodate cut or fill slopes. 7. Drainage easements shall be obtained by the applicant as needed to GP, BP CE accommodate both public and private drainage facilities. 8. A preliminary subdivision guarantee shall be submitted for review in FM CE conjunction with the processing of the parcel map. 9. The final map shall be signed by the City Engineer prior to the map being FM CE placed on the agenda for City Council acceptance. 10. Prior to recording the parcel map, the applicant shall pay all outstanding plan FM CE check/inspection fees. 11. Prior to recording the map, the applicant shall bond for or complete all FM CE improvements required by these conditions of approval. 12. Prior to recording the parcel map, the applicant shall submit a copy of a valid FM CE tax bond. 13. Prior to recording the parcel map, the applicant shall bond for or set FM CE monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 14. Prior to recording the parcel map, the applicant shall submit a map drawn in FM CE substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 15. All existing and proposed utility, pipeline, open space, or other easements are FM CE 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. 16. Prior to recording the parcel map, the applicant shall have the map reviewed FM CE by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 5440 Traffic Way FM: Final Map BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2007-1201 A Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay 30 F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney 17. 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. 18. Prior to the issuance of building permits the applicant shall submit calculations GP, BP CE to support the design of any structures or pipes. Closed conduits shall be designed to convey the 10 -year flow with gravity flow, the 25 -year flow with head, and provide safe conveyance for the 100 -year overflow. 19. Prior to the issuance of building permits the applicant shall provide for the GP, BP CE detention and metering out of developed storm runoff so that it is equal to or less than undeveloped storm runoff. 20. Drainage basins shall be designed to desilt, detain and meter storm flows as GP, BP CE well as release them to natural runoff locations. 21. Prior to the issuance of building permits the applicant shall show the method GP, BP CE of dispersal at all pipe outlets. Include specifications for size & type. 22. Prior to the issuance of building permits the applicant shall show method of GP, BP CE conduct to approved off-site drainage facilities. 23. Concentrated drainage from off-site areas shall be conveyed across the GP, BP CE project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement cannot be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. 24. 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 25. Project shall include construction of curb, gutter and sidewalk along entire GP, BP CE frontage. 26. Alignment of frontage improvements shall be approved by the City Engineer. GP, BP CE 27. All utilities shall be undergrounded on project frontage GP, BP CE 28. Applicant shall pay sewer extension (Annexation), Connection and BP CE Reimbursement fees (if applicable) upon issuance of building permit. 29. 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 Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring FM: Final Map 5440 Traffic Way BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2007-1201 A Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay 30 F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney shall not discharge through the backwater valve. Mitigation Measures Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP, GP Bs, Ps, CE 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction 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: ■ Reduce the amount of the disturbed area where possible. ■ 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. ■ All dirt stockpile areas should be sprayed daily as needed. ■ 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. ■ 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. ■ 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. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 5440 Traffic Way FM: Final Map BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2007-1201 A Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay 30 F0: Final Occupancy CE: City Engineer WW; Wastewater CA: City Attorney ■ All roadways, driveways, sidewalks, etc, to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. ■ Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. ■ 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. ■ Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. ■ 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: The grading plan shall identify tree protection fencing BP, GP PS 4.e.1 around the dripline of each native tree and/or native shrub mass, on or off site, which is not proposed for removal, and is within 20 feet of construction activity. Mitigation Measure 4.e.2: Grading and excavation work shall be consistent with the BP, GP PS 4.e.1 City of Atascadero Tree Ordinance. Special precautions when working around native trees include: ■ All existing trees outside of the limits of work shall remain. ■ Earthwork shall not exceed the limits of the project area. ■ Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. ■ Vehicles and stockpiled material shall be stored outside the dripline of all trees. ■ All trees within the area of work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. ■ Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. ■ All recommendations detailed in the Arborist's Report, dated February 12, 2007, and amended April 6, 2007 by A&T Arborists shall be followed, including: fencing, soil aeration, chip mulch, trenching, grading, exposed roots, paving, equipment operations, existing surfaces, construction materials and waste, preconstruction meeting, pruning, landscape, and utility placement. ■ All recommendations detailed in the Arborist's Report, dated February 9, 2007, prepared by A&T Arborists specifically for the 65" Valley oak, shall be followed, including: pruning, drainage holes, vacuuming, screen, annual treatments, annual inspections, keeping dripline free of plantings and/or storage, no irrigation and no excavation. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring FM: Final Map 5440 Traffic Way BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2007-1201 A Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay 30 F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 4.e.3: All recommendations in the Arborist Report, prepared by BP, GP PS, BS 4.e.2 A&T Arborist and all addendums and supplements shall be followed. All impacts to native trees shall be mitigated in accordance with the Atascadero Municipal Code Section 9-11.105. Mitigation Measure 5.d.1: Should any cultural resources be unearthed during site BP, GP PS, BS 5.d.1 development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. Mitigation Measure 5.d.2: In the event of the accidental discovery or recognition of BP, GP PS, BS 5.d.2 any human remains, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of the county in which the remains are discovered has been contacted to determine that no investigation of the cause of death is required, and to determine if the remains are of Native American heritage. If the remains are of Native American Heritage, the coroner shall contact the Native American Heritage Commission within 24 hours. Mitigation Measure 6.a.1: All construction on site shall comply with the seismic BP BS, PS, CE 6.a.1 construction standards for Seismic Construction Zone 4 per the California 2001 Building Code. Mitigation Measure 6.a.2: Prior to issuance of building permits, a geological site BP BS, PS, CE 6.a.2 study shall be submitted for review. This study shall address seismic ground shaking and liquefaction potential and make recommendations for minimizing any potential hazards. All recommendations of the study shall be implemented during the construction of the dwelling units. Mitigation Measure 6.b.1: All cut and fill slopes shall be hydro seeded with an BP BS, PS, CE 6.b.1 appropriate erosion control method (erosion control blanket, hydro -mulch, or straw mulch appropriately anchored) immediately after completion of earthwork. 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.c.d.1: A soils report shall be required to be submitted with a BP PS 6.c.1 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.1: The developer is responsible for ensuring that all BP, GP PS, BS, CE 8.0.1 contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure (Monitoring FM: Final Map 5440 Traffic Way BL: Business License PS: Planning GP: Grading Permit Services BS: Building BP: Building Permit Services PLN 2007-1201 FI: Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay 30 F0: Final Occupancy CE: City Engineer WW: wastewater CA: City Attomey Mitigation Measure 11.d.1: All construction activities shall comply with the City of BP, GP PS, BS, CE 11.d.1 Atascadero Noise Ordinance for hours of operation. EXHIBIT B: Master Plan of Development/Site Plan inn y V —w----..n— --- ---.�..�esw�w�������i�.swwr�w��r�e-.�� b�U�.IUJ(f jll 61a"UQ '" V '114 ce�A Y 717 n 11 I gJ' 4 I - I I Y rg 99 IL EXHIBIT C: Floor Plans O UI ~ Sz O Ag. 1 94� 2 H LU m z EXHIBIT D: Elevations 4 W L 0 V a Q f z z o� Y d F N x N EXHIBIT E: Landscape Plan 011. oElt �n��' ft's �_� j•3 �� I ! � tuft t tl t ! 4'� t; t EXHIBIT F: Irrigation Plan t 3 rZ a g � III ■. ®• .. �� ! i EXHIBIT G: Tree Removal Application TRP 200 APR 1 0 2007 ITY OF ATASCADERO COTASIUNIV OE4ELOPMENT TREE REMOVAL PERMIT SECTION 11.05 B.5 OWNER l:_CONTACT: 4 ADDRESS: o. ADDRESS: 2Z PHONE #: PHONE #: FAX #; FAX #: OWNER 2: ARBORIST: G/ ADDRESS: ADDRESS: P.p. d y. PHONE #: PHONE # e FAX #: FAX #: GRIST CERTIFICATION #:_WG_aylt-1 —ARBORIST SIGNATURE-- Site IGNATURESite Address: Site APN: Reason for Re at: Lio all trp;Q to }— t•amnr.o.i• SPECIES SIZE (dbh) NUMBER TO BE CONDITION OF TREE REMOVED odc� 12 2. W, 3. Property owner certifies that they have read and understood Atascadero Municipal Code Section 9-11.105. Tree removal is not ro facilitate future development. A plot plan shall be included showing all proposed improvements on the property, trees to be removed, and trees to remain. The trees shall correspond with the numbers above. Signature of Property Owner Date Signature of Property Owner Date Signature, City of Atascadero Date Community Development Department 6907 EI Camino Real, Atascadero, CA 93422 (805) 461-5000 fax: 461-7612 ATTACHMENT 8: Draft Resolution PC 2007-0064 Approval of Proposed Vesting Tentative Parcel Map DRAFT RESOLUTION PC 2007-0064 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CA, RECOMMENDING THAT THE CITY COUNCIL APPROVE VESTING TENTATIVE PARCEL MAP 2007- 0088 (AT 07-0074)9 A (4) FOUR LOT SUBDIVISION CONSISTENT WITH A MASTER PLAN OF DEVELOPMENT ON APN 029-062-013 5440 Traffic Way (Habitat for Humanity) WHEREAS, an application has been received from Habitat for Humanity for San Luis Obispo County (5440 Traffic Way, Atascadero, CA 93422) Applicants and Property Owners, to consider a project consisting of a Zone Change from RMF -16 (Residential Multi -family -16) to RMF-16/PD30 (Residential Multi -Family -16 with a Planned Development Overlay 30) with corresponding Master Plan of Development and Vesting Tentative Parcel Map 2007-0088 located at 5440 Traffic Way, (APN 029-062-013); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from RMF -16 (Residential Multi -Family -16) to RMF-16/PD 30 (Residential Multi- Family-I6/Planned Development Overlay 30); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0007 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 Vesting Tentative Parcel 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 July 17, 2007 studied and considered Vesting Tentative Parcel Map 2007-0088 (AT 07-0074), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Approval for Vesting Tentative Parcel Map, the Planning Commission of the City of Atascadero finds as follows: The proposed subdivision, design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements, including provisions of the PD -30 overlay district. 2. The proposed subdivision, as conditioned, is consistent with the Master Plan of Development (CUP 2007-0209). 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 (affordability, 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 July 17, 2007, resolved to recommend that the City Council approve Vesting Tentative Parcel Map 2007-0088 (AT 07-0074) subject to the following: 1. Exhibit A: Vesting Tentative Parcel Map (AT 07-0074) 2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program 3. Exhibit C: Preliminary Grading & Drainage Plan 4. Exhibit D: Site Plan BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Vice -Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Vesting Tentative Parcel Map TPM 2007-0088 (AT 07-0074) D HIN H ANTAT FOR HUMANITY I 0I`�'961 q` VESTING TENATIYE PARCEL MAP PR AT 07-0074 5440 TRAFFIC WAY j „�, I ERS ! i Exhibit B: Conditions of Approval / Mitigation Monitoring Program Vesting Tentative Parcel Map 2007-0088 (AT 07-0074) Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 5440 Traffic Way BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2007-1201 FI: Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay 30 FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. The approval of this use permit shall become final and effective for the purposes FM PS of issuing building permits thirty (30) days following the City Council approval of ZCH 2007-0136 and ZCH 2007-0137 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. The Community Development Department shall have the authority to approve the BP/FM PS, CE following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. 3. Approval of this Tentative Vesting Parcel Map shall be valid for two (2) years after FM PS its effective date. The Tentatiive Vesting Parcel Map shall expire at the end of the two years, unless the map has been recorded or a Request for Time Extension has been timely filed and fees paid prior to the expiration date. 4. The applicant shall defend, indemnify, and hold harmless the City of Atascadero Ongoing PS or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision 5. All subsequent Tentative Map and construction permits shall be consistent with BP/FM PS, CE the Master Plan of Development contained herein. 6. All site development shall comply with the standards of the Planned Development BP PS, BS 30 Overlay District. 7. All site work, grading, and site improvements shall be consistent with the Master BP/FM PS, BS, Plan of Development as shown in Resolution 2007-0063 and the Vesting CE Tentative Map shown in EXHIBIT A, attached hereto. 8. This project is an Affordable Housing project and all units shall be deed restricted FM/BP PS, CA at the very low income level for a period of 45 years, consistent with the City's Redevelopment Plan. 9. 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. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 5440 Traffic Way BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2007-1201 A Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay 30 F0: Final Occupancy CE: City Engineer WW; Wastewater CA: City Attorney 10. 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. ■ 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. 11. 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 21. 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 Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 5440 Traffic Way BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2007-1201 A Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay 30 F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney 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) A detailed list of each individual homeowner's responsibilities for maintenance of the designated trash storage area. j) Garages shall be maintained and used for vehicle parking. k) No boats, RV's or other type of recreation vehicle may occupy a guest or resident parking space, including within an individual garage. 1) A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. The applicant may choose not to record CC&R's as shared facilities are minimal. In this case, the applicant will be required to record a combination of deed restrictions alerting future owners to project conditions and maintenance agreements for the shared maintenance of the drainage and shared parking facilities. 12. The applicant must provide for the repair and maintenance of on-site shared FM CE improvements and open space areas. This includes guest parking areas that cross property lines, shared driveways, and common drainage facilities. The two methods that may be used are: a. Homeowners Association. This private organization would be responsible for the maintenance, repair and replacement of the facilities. b. Other form of non -revocable maintenance agreement approved by the City Engineer and the Community Development Director. The City Engineer and City Attorney shall approve the final form prior to recordation. City Engineer Project Conditions 13. In the event that the applicant bonds for the public improvements required as a GP, BP CE condition of this project, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 14. An engineer's estimate of probable cost shall be submitted for review and GP, BP CE Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 5440 Traffic Way BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2007-1201 A Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay 30 F0: Final Occupancy CE: City Engineer wyy; Wastewater CA: City Attorney approval by the City Engineer to determine the amount of the bond. 15. The Subdivision Improvement Agreement shall record concurrently with any Final FM CE Map. 16. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to the GP, BP CE property frontage. 17. 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. 18. Slope easements shall be obtained by the applicant as needed to accommodate GP, BP CE cut or fill slopes. 19. Drainage easements shall be obtained by the applicant as needed to GP, BP CE accommodate both public and private drainage facilities. 20. A preliminary subdivision guarantee shall be submitted for review in conjunction FM CE with the processing of the parcel map. 21. The final map shall be signed by the City Engineer prior to the map being placed FM CE on the agenda for City Council acceptance. 22. Prior to recording the parcel map, the applicant shall pay all outstanding plan FM CE check/inspection fees. 23. Prior to recording the map, the applicant shall bond for or complete all FM CE improvements required by these conditions of approval. 24. Prior to recording the parcel map, the applicant shall submit a copy of a valid tax FM CE bond. 25. Prior to recording the parcel map, the applicant shall bond for or set monuments FM CE at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 26. Prior to recording the parcel map, the applicant shall submit a map drawn in FM CE substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 5440 Traffic Way BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2007-1201 A Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay 30 F0: Final Occupancy CE: City Engineer WW; Wastewater CA: City Attorney 27. All existing and proposed utility, pipeline, open space, or other easements are to FM CE 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. 28. Prior to recording the parcel map, the applicant shall have the map reviewed by all FM CE applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 29. 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. 30. Prior to the issuance of building permits the applicant shall submit calculations to GP, BP CE support the design of any structures or pipes. Closed conduits shall be designed to convey the 10 -year flow with gravity flow, the 25 -year flow with head, and provide safe conveyance for the 100 -year overflow. 31. Prior to the issuance of building permits the applicant shall provide for the GP, BP CE detention and metering out of developed storm runoff so that it is equal to or less than undeveloped storm runoff. 32. Drainage basins shall be designed to desilt, detain and meter storm flows as well GP, BP CE as release them to natural runoff locations. 33. Prior to the issuance of building permits the applicant shall show the method of GP, BP CE dispersal at all pipe outlets. Include specifications for size & type. 34. Prior to the issuance of building permits the applicant shall show method of GP, BP CE conduct to approved off-site drainage facilities. 35. Concentrated drainage from off-site areas shall be conveyed across the project GP, BP CE site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement cannot be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. 36. 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 Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 5440 Traffic Way BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2007-1201 A Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay 30 F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney 37. Project shall include construction of curb, gutter and sidewalk along entire GP, BP CE frontage. 38. Alignment of frontage improvements shall be approved by the City Engineer. GP, BP CE 39. All utilities shall be undergrounded on project frontage GP, BP CE 40. Applicant shall pay sewer extension (Annexation), Connection and BP CE Reimbursement fees (if applicable) upon issuance of building permit. 41. Drainage piping serving fixtures which have flood level rims located below the BP CE elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve. Mitigation Measures Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP, GP BS, PS, CE 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM-10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non-taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction 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: Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 5440 Traffic Way BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2007-1201 A Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay 30 F0: Final Occupancy CE: City Engineer WW; Wastewater CA: City Attorney ■ Reduce the amount of the disturbed area where possible. ■ 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. ■ All dirt stockpile areas should be sprayed daily as needed. ■ 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. ■ 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. ■ 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. ■ All roadways, driveways, sidewalks, etc, to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. ■ Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. ■ 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. ■ Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. ■ 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: The grading plan shall identify tree protection fencing BP, GP PS 4.e.1 around the dripline of each native tree and/or native shrub mass, on or off site, which is not proposed for removal, and is within 20 feet of construction activity. Mitigation Measure 4.e.2: Grading and excavation work shall be consistent with the BP, GP PS 4.e.1 City of Atascadero Tree Ordinance. Special precautions when working around native trees include: ■ All existing trees outside of the limits of work shall remain. ■ Earthwork shall not exceed the limits of the project area. ■ Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. ■ Vehicles and stockpiled material shall be stored outside the dripline of all trees. ■ All trees within the area of work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. ■ Any roots that are encountered during excavation shall be clean cut by hand Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 5440 Traffic Way BL: Business License PS: Planning Services GP: Grading Permit BP: Building Permit BS: Building Services PLN 2007-1201 A Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay 30 F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney and sealed with an approved tree seal. ■ All recommendations detailed in the Arborist's Report, dated February 12, 2007, and amended April 6, 2007 by A&T Arborists shall be followed, including: fencing, soil aeration, chip mulch, trenching, grading, exposed roots, paving, equipment operations, existing surfaces, construction materials and waste, preconstruction meeting, pruning, landscape, and utility placement. ■ All recommendations detailed in the Arborist's Report, dated February 9, 2007, prepared by A&T Arborists specifically for the 65" Valley oak, shall be followed, including: pruning, drainage holes, vacuuming, screen, annual treatments, annual inspections, keeping drip -line free of plantings and/or storage, no irrigation and no excavation. Mitigation Measure 4.e.3: All recommendations in the Arborist Report, prepared by BP, GP PS, BS 4.e.2 A&T Arborist and all addendums and supplements shall be followed. All impacts to native trees shall be mitigated in accordance with the Atascadero Municipal Code Section 9-11.105. Mitigation Measure 5.d.1: Should any cultural resources be unearthed during site BP, GP PS, BS 5.d.1 development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. Mitigation Measure 5.d.2: In the event of the accidental discovery or recognition of BP, GP PS, BS 5.d.2 any human remains, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of the county in which the remains are discovered has been contacted to determine that no investigation of the cause of death is required, and to determine if the remains are of Native American heritage. If the remains are of Native American Heritage, the coroner shall contact the Native American Heritage Commission within 24 hours. Mitigation Measure 6.a.1: All construction on site shall comply with the seismic BP BS, PS, CE 6.a.1 construction standards for Seismic Construction Zone 4 per the California 2001 Building Code. Mitigation Measure 6.a.2: Prior to issuance of building permits, a geological site BP BS, PS, CE 6.a.2 study shall be submitted for review. This study shall address seismic ground shaking and liquefaction potential and make recommendations for minimizing any potential hazards. All recommendations of the study shall be implemented during the construction of the dwelling units. Mitigation Measure 6.b.1: All cut and fill slopes shall be hydro seeded with an BP BS, PS, CE 6.b.1 appropriate erosion control method (erosion control blanket, hydro -mulch, or straw mulch appropriately anchored) immediately after completion of earthwork. 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. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 5440 Traffic Way BL: Business License PS: Planning Services GP: Grading Permit BS: Building BP: Building Permit Services PLN 2007-1201 A Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police Department Planned Development Overlay 30 F0: Final Occupancy CE: City Engineer WW; Wastewater CA: City Attorney Mitigation Measure 6.c.d.1: A soils report shall be required to be submitted with a BP PS 6.c.1 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.1: The developer is responsible for ensuring that all BP, GP PS, BS, CE 8.0.1 contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.d.1: All construction activities shall comply with the City of BP, GP PS, BS, CE 11.d.1 Atascadero Noise Ordinance for hours of operation. \\Cityhall\cdvlpmnt\- 07 PLNs\PLN 2007-1201 Habitat for Humanity\PLN_2007-1201 5440 Traffic Way SR.KM.doc EXHIBIT C: Preliminary Grading & Drainage Plan �t n Vloo -- - — — 3ALLVI— ONIJ NVId `JNIOVN•J ALVNIWI13Ld A1INVWNN MO! LvLie B I 1= EXHIBIT D: Site Plan 8 � Sii IIJ^.111 ►LOPLO 1Y ArW 130tlVd 7A11Y1N310NI1L3A 1 II i 4 Ihllt NVId`JNIOVa9AaVNIWll3ad y It�����;� S!!i •9�M, t "N._ A11Ntl WrIN woj ivi16VN AN V Q_.