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HomeMy WebLinkAboutPC_2007-08-07_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, August 7, 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 August 7, 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 JULY 17, 2007. COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name and address for the record and can address the Commission for five minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 2. PLN 2099-1002,5190 PORTOLA ROAD: PLANNED DEVELOPMENT 16 OVERLAY, 2 -LOT MAP Owner: Ed Nolan, 5190 Portola Rd, Atascadero, CA 93422 Agent: RTC Engineering, Russ Thompson, 7600 Morro Rd, Atascadero, CA 93422 Project Title: PLN 2099-1002, ZCH 2004-0091, TPM 2004-0057, CUP 2004-0140 Project 5190 Portola Road, Atascadero Location: (San Luis Obispo County) APN 054-051-021 Project The proposed project consists of a Zone Map Amendment to establish a Planned Development Description: Overlay Zone #16 on the subject site with a corresponding Master Plan of Development (CUP) and Tentative Parcel Map that would allow a 2 -lot residential planned development. The project site is currently developed with a single-family residence. General Plan Designation: SFR -2 (1.5 to 2.5 acre Minimum Lot Size) Zoning District: RSF-Z 1.5 to 2.5 acre Minimum Lot Size Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. Environmental The proposed Mitigated Negative Declaration is available for public review at 6907 EI Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Determination: 3. PLN 2007-1192,3100 EL CAMINO REAL: CUP AMENDMENT (CUP 8-87) Owner: John F. Bergquist, 7850 Carmelita Ave., Atascadero, CA 93422 Agent: Joe Elkins, PO Box 550, Templeton, CA 93465 Project Title: PLN 2007-1192, CUP 2007-0204 Project 3100 EI Camino Real, Atascadero, CA 93422 City of Atascadero Planning Commission Agenda Regular Meeting August 7, 2007 Page 3 of 5 Location: (San Luis Obispo County) APN 049-214-001 Project The proposed project consists of an amendment to CUP 8-87 (Master Plan of Development) at Description: the Golden West Commercial Center. A "future building" was identified in the 1987 CUP, Project however, was never constructed. The amendment proposes to replace an existing outdoor Location: storage area with a new structure, consistent with the surrounding commercial park. Project General Plan Designation: Commercial Park (CPK) Description: Zoning District: Commercial Park (CPK) Proposed Consistent with the Negative Declaration certified on December 15, 1987 for the original Master Environmental Plan of Development. Determination: building envelope with a slope of 19% is provided on Parcel 1 for one new residence; the site 4. PLN 2006-1171,10270 SANTA ANA ROAD: 2 -LOT TENTATIVE MAP Owner' Sandi Baltes, 1014 Lockhaven, Brea, CA 92821 Agent' Kim Koch, 1039 W. Whittier Blvd., La Habra, CA 90631 Project Title: PLN 2006-1171/ TPM 2006-0087 / TRP 2007-0109 Project 10270 Santa Ana Rd, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 054-162-004 Project The proposed project consists of a Tentative Parcel Map with a 2 lot split in the RS Zone. The Description: existing lot is 7.13 acres gross (6.82 acres net) with an average slope of 30%. Proposed Parcel 2 (which contains an existing residence) is proposed at 3.15 acres gross with a 24% average slope. Parcel 1 is proposed at 3.97 acres gross with a 34% average slope. A building envelope with a slope of 19% is provided on Parcel 1 for one new residence; the site is currently vacant. The project proposal includes the removal of 5 Blue Oaks (75" total DBH) for the construction of the new residence and driveway. An additional 4 native trees (68" total DBH) will be impacted 45%-50% and shall require bonds to ensure the trees survive construction. General Plan Designation: Rural Estate (RE) Zoning District: Residential Suburban (RS) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The proposed Mitigated Negative Declaration is available for public review from at 6907 EI Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Determination: Monday through Friday. COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT City of Atascadero Planning Commission Agenda ADJOURNMENT Regular Meeting August 7, 2007 Page 4 of 5 The next regular meeting of the Planning Commission will be on August 21, 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 August 7, 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: 8-7-07 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, July 17, 2007 — 7:00 P.M. Chairperson O'Keefe called the meeting to order at 7:00 p.m. and Commissioner Heatherington 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, Deputy Community Development Director Steve McHarris, Deputy Public Works Director David Athey, Associate Planner Kerry Margason, Assistant Planner Callie Taylor, Planning Technician Mathew Fawcett, and City Attorney Patrick Enright. Chairperson O'Keefe read the decorum guidelines PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA Chairperson O'Keefe recommended that Items #4 and 5 be reversed on the agenda. PC Draft Minutes 07/17/07 Page 1 of 8 MOTION: By Vice Chairperson Fonzi and seconded by Commissioner Heatherington to approve the agenda as amended. Motion passed 7:0 by a roll -call vote. DISCLOSURE OF EX PARTE COMMUNICATIONS: ■ Commissioner Heatherington stated she met with Penny Rappa, Executive Director of Habitat for Humanity and discussed the project. ■ Commissioner Marks stated he met with Penny Rappa and Paul Jaeger and visited the other two sites on the agenda. ■ Commissioner Slane stated he met with Penny Rappa and Paul Jaeger. ■ Vice Chairperson Fonzi stated she met with Penny Rappa and Paul Jaeger, and visited all the sites. ■ Commissioner Jack stated he met with Penny Rappa and Paul Jaeger, and visited all the sites. ■ Commissioner O'Grady stated he met with Penny Rappa and Paul Jaeger, and visited all the sites. ■ Chairperson O'Keefe stated she met with Penny Rappa and Paul Jaeger, and visited all the sites. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JUNE 19, 2007. MOTION: By Commissioner Jack and seconded by Commissioner Marks to approve Item #1. Motion passed 7:0 by a roll -call vote. 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, 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 PC Draft Minutes 07/17/07 Page 2 of 8 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. Planning Technician Mathew Fawcett gave the staff report and answered questions of the Commission. PUBLIC COMMENT Albert Hummel, applicant's representative, spoke about the condition of the tree and the reason for the request. Mr. Hummel explained why he is requesting an alternate mitigation measure of putting in several smaller trees around the site, and answered questions of the Commission. Chairperson O'Keefe closed the Public Comment period. MOTION: By Commissioner Heatherington and seconded by Commissioner Slane to 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, with the re- planting and mitigation being left up to the applicant and staff. Motion passed 7:0 by a roll -call vote. PC Draft Minutes 07/17/07 Page 3 of 8 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. Assistant Planner Callie Taylor gave the staff report and answered questions of the Commission. PUBLIC COMMENT Rex Bennett, applicant, spoke about the project and explained the measures he took to keep as many oak trees as possible. Mr. Bennett answered questions of the Commission. Donna Clement, neighbor to this project, expressed concern regarding the tree removals, destruction of kit fox habitat, deterioration of the base of Ardilla Road, maintaining the natural flow of the creek, trespassing, parking, and drainage. Steve Clement stated that rip rap would be unnatural for their area for drainage, and commented that it is important to maintain the oaks and wildlife. Chairperson O'Keefe closed the Public Comment period. Chairperson O'Keefe asked staff to address issues raised during the Public Comment period. MOTION: By Commissioner Heatherington and seconded by Vice Chairperson Fonzi to adopt Resolution PC 2007-0058, certifying the Mitigated Negative Declaration and approving PC Draft Minutes 07/17/07 Page 4 of 8 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, conditioning the use of rounded rip rap in the culvert area, that the tree spread sheet and map be redone to correct the tree numbers, and that there be a designated parking area off-site for construction. Motion passed 7:0 by a roll -call vote. PUBLIC HEARINGS 5. PLN 2007-1201, 5440 TRAFFIC WAY, HABITAT FOR HUMANITY OwneOApplicant: 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. Associate Planner Kerry Margason gave the staff report and answered questions of the Commission. PUBLIC COMMENT John Rogers, President of Habitat for Humanity for San Luis Obispo County, explained their mission and thanked the City of Atascadero and others for their support of this project. Penny Rappa, Executive Director Habitat for Humanity, reviewed the points she hoped the Commission would consider in approving this project, and asked that Condition No. 7 not require them to revise their porches. Ms. Rappa answered questions of the Commission. Randy Ray, project architect, answered questions of the Commission. Steven Alvarez, project arborist, answered questions of the Commission. PC Draft Minutes 07/17/07 Page 5 of 8 Marty Brown spoke in favor of the project and urged the Commission to approve Habitat for Humanity's request. Chairperson O'Keefe recessed the hearing at 9:04 p.m. Chairperson O'Keefe called the meeting back to order at 9:10 p.m. County Supervisor Jim Patterson spoke about the oaks on the property and explained that Habitat did all it could to work around the trees. He expressed concern regarding the tree mitigation as there may not be sufficient room on site for the replanting; he suggested planting trees on the site where appropriate and planting the rest in public locations. Supervisor Patterson urged the Commission to approve the project. Ann Fletcher expressed concern that this site was too small for four family homes, stated that Traffic Way is a dangerous street, and urged the Commission to explore the possibility of putting in one duplex on the lot and then locate another larger lot to put two duplexes on. Chairperson O'Keefe closed the Public Comment period. Commissioner Jack stated he was supportive of the project as it is much needed in this income level. He urged that a condition be added to the project to request the Council address the issue of legal status for those applying for the homes. He stated that because public money was being used to fund this project, the for -sale properties should go to legal residents. MOTION: By Commissioner O'Grady and seconded by Commissioner Marks to adopt Resolution PC 2007-0060 recommending the City Council certify Proposed Mitigated Negative Declaration 2007-0007; and, 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, 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, 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 revising Condition No. 10 to read: Exhibits B through F as revised July 16th, 2007; and, 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, and deleting Condition PC Draft Minutes 07/17/07 Page 6 of 8 No. 7, and modification of the landscape plan to not replant all of the oak trees but pay the mitigation fees, and that a bench be put around the existing oak tree. Motion passed 6:1 by a roll -call vote. (Jack opposed) COMMUNITY DEVELOPMENT STAFF REPORTS (cont.) 4. PLN 2006-1133 ANNUAL HOUSING REPORT 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). Associate Planner Kerry Margason gave the staff report and answered questions of the Commission. City Attorney Patrick Enright answered questions of the Commission. There was further Commission discussion regarding the comments made during the last item by Commissioner Jack regarding legal resident status for projects utilizing public funding. City Attorney Enright stated that when a project uses public money, the applicant must comply with all federal and state laws. COMMISSIONER COMMENTS AND REPORTS Commissioner O'Grady handed out copy of an email he sent to the City Council and City Manager requesting that the Balboa/Llano road rehabilitation be placed on the Council agenda as soon as possible. He asked for the Commission's support of this item as this is the main evacuation route for that area. Commissioner Heatherington spoke about pervious concrete and asked how to encourage future projects to utilize this type of paver. She would like to see driveways with pervious pavers rather than asphalt. Commissioner Fonzi thanked Associate Planner Margason for the Housing Report. DIRECTOR'S REPORT COUNCIL AND COMMISSION CHAIRS MEETING UPDATE PC Draft Minutes 07/17/07 Page 7 of 8 Community Development Director Warren Frace reported on the Commission Chairs and Vice Chairs meeting with the City Council, which will be held in early August, and asked for items to be brought up to the Council. Chairperson O'Keefe suggested items for inclusion be put in writing and sent to her or Vice Chairperson Fonzi. Community Development Director Warren Frace gave an update on the Creek Setback Ordinance and General Plan Amendment, announced that a town hall meeting on the streetscape plan for EI Camino Real will be held on July 31St, and reviewed the agenda for the August 7th Planning Commission meeting. ADJOURNMENT Chairperson O'Keefe adjourned the meeting at 10:19 p.m. to the next regularly scheduled meeting of the Planning Commission on August 7, 2007. MINUTES PREPARED BY: Grace Pucci, Recording Secretary \\Cityhall\cdvlpmnt\— PC Minutes\PC Minutes 07\PC Draft Minutes 07-17-07.doc PC Draft Minutes 07/17/07 Page 8 of 8 ITEM NUMBER: 2 DATE: g -M7 Atascadero Planning Commission Staff Report - Community Development Department PLN -1999-1002 Zone Change / Conditional Use Permit / Tentative Parcel Map Planned Development Overlay -16 5190 Portola Road (Nolan) REPORT -IN -BRIEF: The proposed project consists of a Zone Map Amendment to establish a Planned Development Overlay Zone #16 on the subject site with a corresponding Master Plan of Development (CUP) and Tentative Parcel Map that would allow a 2 -lot residential planned development. The project site is currently developed with a single-family residence. The applicant does not meet the Zoning Ordinance's minimum lot size requirements because of the flag lot subdivision standards and is requesting relief from those requirements through a Planned Development 16 Overlay. RECOMMENDATIONS: Staff Recommends Planning Commission: 1. Adopt Resolution PC 2007-0067 recommending the City Council certify Proposed Mitigated Negative Declaration 2007-0005; and, 2. Adopt Resolution PC 2007-0068 recommending the City Council introduce an ordinance for first reading by title only, to approve Zone Change 2004-0091 based on findings; and, 3. Adopt Resolution PC 2007-0069 recommending the City Council approve Conditional Use Permit 2004-0140 (Master Plan of Development) and the Tree ITEM NUMBER: 2 DATE: R_7_m Removal Request for 2 native trees, based on findings and subject to Conditions of Approval and Mitigation Monitoring and waiving condition 12; and, 4. Adopt Resolution PC 2007-0070 recommending the City Council approve Tentative Parcel Map 2004-0057 (AT 03-0258) based on findings and subject to Conditions of Approval and Mitigation Monitoring and waiving condition 8. SITUATIONS AND FACTS: 1. Owner: Ed Nolan, 5190 Portola Road Atascadero, CA 93422 2. Agent: Russ Thompson, RTC, 7600 Morro Road Atascadero, CA 93422 3. Project Address: 5190 Portola Road (APN 054-051-021) (San Luis Obispo County) 4. General Plan Designation: SFR -2 (1.5 to 2.5 acre Minimum Lot Size) 5. Zoning District: RSF-Z (1.5 to 2.5 acre Minimum Lot Size) 6. Site Area: 3.01 acres 7. Existing Use: Single -Family Residence 8. Environmental Status: Proposed Mitigated Negative Declaration 2007-0005 DISCUSSION: Background Surrounding Land Use and Setting: North: Residential Single -Family - Z South: Residential Single -Family - Z ITEM NUMBER: 2 DATE: g_7_p7 East: Residential Single -Family West: Residential Suburban The project site is within the Single -Family Residential General Plan Land Use designation and is zoned Residential Single -Family - Z, which allows for a minimum lot size of 1.5 to 2.5 acres, based on performance standards. The properties along Portola Road in the vicinity of the project site are developed with single-family residences on lots ranging in size from 0.5 to 5+ acres. ANALYSIS: The purpose of the PD -16 Overlay is to allow the parcels to preserve sensitive environmental features, allowing smaller lot sizes than the underlying zone's without increasing maximum density. ITEM NUMBER: 2 DATE: g -M7 creative clustering of residential and to provide open space by minimum lot size requirements, A finding has been included in the draft resolutions for this project recommending that the City Council find that the purpose of a PD includes "...relief from the provisions of the Municipal Code's Flag Lot provisions (Section 11-6.26)". This project is designed to facilitate placement of new residential and accessory structures in areas of previous site disturbances or where slopes are at a minimum. The project proposes 1.43 acres of open space easements to meet the requirements for a PD -16 public benefit. History The applicant first applied for a two (2) lot parcel map in February 2004. Staff reviewed the application and based on the Section 11-6.26 of the Municipal Code, informed the applicant that there was insufficient land to process the parcel map. The applicant then requested that staff evaluate the project based on Goal LOC 2, Policy 2.2.1, which states as follows: "Allow for the orderly development of neighborhoods by allowing for the consideration of lot size reductions for lots that are significantly larger than the surrounding neighborhood." Program - Within the Urban Services line, allow for planned developments to approve lot sizes below district minimums in the SE, SFR -Z and SFR -Y land -use areas only, when no more than two (2) lots are surrounded on all sides within the same land -use designation by non -conforming lots. Minimum lot sizes shall not exceed maximum General Plan densities of the next lowest single-family land use designation. Staff reviewed the request and determined that the property was not surrounded by non -conforming lots, as shown below in Figure 2: ITEM NUMBER: DATE: 8.7.07 The applicant then requested a Variance. Staff reviewed the request and determined it did not appear that the required findings for a Variance could be made. Staff met with the applicant and discussed the PD -16 process. The applicant then chose to submit the required application package and process the requested Zone Change. ITEM NUMBER: 2 DATE: R -M7 Maximum Density: Minimum lot size for the RSF-Z Zoning District is 1.5 to 2.5 acres, based on performance standards. As shown in Figure 3 - Minimum Lot Size Calculations, the performance standards for the proposed lots would allow for a minimum lot size of 1.466 or 1.5 acres. Maximum density for a 3 acre parcel would be two (2) lots with a single-family residence each and the potential for one (1) second unit on each lot for a total of four (4) living units. Mininnun Lot Size Criteria For the Rc>idential Single Family Zone Address 5190 Portola (ProposM Lot I) La Si/c I APA 054-051-021 1,01 Size 1.5 acres Contact Ru4s,Thoro n Distance rem Cemeru Comnmoi" 12 Conmmnity 04,000 = .08. 4-6,000 -.10, 6-8,000 -.12 4-6.000 IL I mlNmr —._ ntttl'erK —.. . Septic Suitah1111)(perk rale) >60 mtmtnch-70 >60 IL7 0.20%-.3; 1.30%-.50; I%a orcr %,eraRc slope -.70 17%(estimated) 0.3 ray uccpt roa. Pared rwd i— than I S% -.I S Pared rwd amrc thin 15%-.20 All weather less than 15%-.25 All weather more than IS% - JO Ace— Cond111on 1'nmtprnved wrfa<e - 40 0,15 ,NeraRe . re it m .ot Fest (acre.) 1.081 0.22 .11 mt—, Lot htu= I 1.4661 Mininlunl Lot Size Criteria For the Residential Single Family Zone Address 5190 Portola Road (Proposed Lot 21 APN 054-051-021 Lot Size 1.49 acres ContactRues a , Lot Size Factors suncc nnn r <nl. r o Comnmoi" 12 4-6.000 0.1 .20—h-. 0-511 nun m h 50. Septic Sultabilit) (Perk rate) 160 --h- .70 >60 0.7 a 1.30".-. , M—C, Slope 31%and--.7(1 13%(estimated) 0.3 ray uccpt roa. Paved rwd less than 15% Paved rwd .tore than 15%-.20 All weattur leu than 15%-.25 All wnthe, — than 15%-.30 Aecesv C -dill— Unimproved surface - A0 ser.Re .rat Si,e t r n I Soo Fcct larrnl 1.08 0 22 1.4Ab Figure 3 — Minimum Lot Size Calculations Flag Lot: The parent parcel is an existing flag lot with a gross acreage of approximately 3.02 acres. In accordance with the Flag Lot Ordinance (see below) the flag portion of the lot may not be used to meet minimum lot size requirements. The existing parcel currently has a flag of 30 feet by 225 feet for 6,750 square feet or 0.15 acre. The Flag Lot Ordinance requires that this area be subtracted prior to calculating minimum lot sizes. Subtracting the 0.15 acre from the 3.02 gross acres results in 2.87 acres, making the parcel too small to create two lots of 1.5 acres each, as required by the Zoning Ordinance. ITEM NUMBER: DATE: 8.7.07 Title 11 of Atascadero's Municipal Code provides for the following: 11-6.21 General requirements. The design of lots should be based on intended use, topography and access requirements. Lots which are impractical for intended uses due to terrain, location of natural features, inadequate access, frontage, or buildable area, or other physical limitations will not be approved. All lots shall abut on an improved street unless approved as a deep lot subdivision by the Planning Commission, under standards adopted by the Planning Commission. (Ord. 370 § 2 (part), 2000) 11-6.26 Flag lots (deep lot subdivisions). (a) Flag lots may be approved for subdividing deep lots subject to the following findings: (1) the subdivision is consistent with the character of the immediate neighborhood; (2) the installation of a standard street, either alone or in conjunction with neighboring properties is not feasible; and (3) the flag lot is justified by topographical conditions. Such subdivisions shall conform with the following: (1) The accessway serving the flag lot(s) shall not be included in the determination of required lot area for any lot. (2) The original lot shall have frontage on a dedicated street. The proposed parcels will both result in flag lots. Proposed parcel 1 would be 1.52 acres gross with a design that extends the flag portion of the lot, resulting in a parcel size of 1.08 acres. Proposed parcel 2 is 1.5 acres gross. Access for Parcel 2 would be provided over an easement across the flag portion of proposed Parcel 1. Proposed Parcel 2 will not have frontage on a dedicated street. Depth to Width Ratio: The parent parcel currently has a depth to width ratio of approximately 7.5:1 which greatly exceeds the Zoning Ordinance requirement for maximum depth to width of 3:1. Proposed Parcel 2 will continue to exceed this requirement with a depth to width ratio of approximately 3.5:1. Relief from the 3:1 ratio standard may also be provided by the PD 16 Overlay. Proposed Parcel 1 would meet the requirement with a depth to width of approximately 2.7:1. ITEM NUMBER: 2 DATE: 8.7.07 rNew w X��,'.� ' • - •p Ex sting Residence Open SpaceDedications WL tncre � cau EE �- Existing Flag There are numerous native oak trees on-site, ten (10) of which will be impacted by the proposed development and two (2) which are proposed for removal. Staff is recommending that the applicant replant to mitigate the tree removals. The tree removal request and mitigation form are attached to draft Resolution 2007-0069 as Exhibit C. Site Drainage Historically, the site drains towards Portola Road. The project is designed to maintain historic flow. Wastewater The project will utilize engineered on-site septic systems. RTC �CCs� There are numerous native oak trees on-site, ten (10) of which will be impacted by the proposed development and two (2) which are proposed for removal. Staff is recommending that the applicant replant to mitigate the tree removals. The tree removal request and mitigation form are attached to draft Resolution 2007-0069 as Exhibit C. Site Drainage Historically, the site drains towards Portola Road. The project is designed to maintain historic flow. Wastewater The project will utilize engineered on-site septic systems. ITEM NUMBER: 2 DATE: g -7-n7 Utilities Utilities for the proposed new residence will be required to be placed underground (condition TPM 22). Fiscal Impact Based on findings from the Taussig Study, revenue from new residential development including property tax revenues, vehicle licensing fees, sales taxes, and other revenues are insufficient to cover the maintenance and emergency services costs of new development. Based on the revenue projections from the Taussig Study, the City has developed standard conditions of approval for new development projects that require the cost of maintenance and emergency services to be funded by the project through a combination of road assessment districts, landscape and lighting districts and Community Facilities Districts (Conditions CUP 12 / TPM 8). Due to the small size of the project, staff is recommending that this condition be waived. Inclusionary and Workforce Housing The City Council has implemented an interim Inclusionary Affordable Housing Program to include a fixed percentage of units within residential developments that require a legislative approval to be reserved as deed restricted affordable units or for an in -lieu fee to be paid. It is recommended that in -lieu fees be paid for this project. A Condition of Approval has been added to ensure this requirement is met (Condition CUP 9 / TPM 10). Project Benefits One of the required findings for approval of a Planned Development Rezone is the project must "...offer certain redeeming features to compensate for the requested modification." The table shown below outlines the Council policy on Planned Development benefits. In order to approve this project, the Planning Commission must find that the project offers all of the tier 1 benefits to qualify for a Planned Development project. PD Location Tier 1 Benefits Tier 2 Benefits Outside of Urban Core a) Natural Open Space Preservation a) Multi -Purpose Trails — Equestrian / Bicycle / Pedestrian Rural / Suburban Areas b) Recreational Areas / Facilities PD -16 c) Historic Preservation ITEM NUMBER: 2 DATE: g -M7 Tentative Parcel Map A two -lot Tentative Parcel Map (TPM 2004-0057/AT 03-0258) is proposed as part of the project consistent with the proposed Master Plan of Development and proposed PD -16 Overlay Zone. The Parcel Map has been conditioned by staff and the City Engineer to meet all City standards including on- and off-site street improvements. The applicant will be required to record a Road Maintenance Agreement for the access -way (condition TPM 9). 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." The proposed project is consistent with the goals and policies of the Land Use Element and the Housing Element. The project will provide two single-family residential units within the single-family residential zone. Findings Planned Development Overlay As specified in the City's General Plan and Zoning Ordinance, the following specific findings for the proposed Zone Change shall be made in order to approve the proposed project: 1. The proposed Zone Change is in conformance with the adopted General Plan goals, policies, and programs and the overall intent of the General Plan based on the projects consistency with LOC 1. 1.7 and LOC 2.2.1. 2. The proposed Zone Change is compatible with existing development, neighborhoods and the environment. 3. The proposed Zone Change will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 4. The proposed Zone Change is consistent with the project -specific Mitigated Negative Declaration. ITEM NUMBER: 2 DATE: g -7-p7 Additional findings for approval of this zone change are recommended as follows: 1. The intent and purpose of the PD -16 Overlay includes providing relief from the City's Subdivision Ordinance regulating flag lots. 2. Modification of the 3:1 depth to width ratio requirement of the City's Subdivision Ordinance is necessary based on the size and shape of the property and different property ownerships which reduce access to the public road. 3. Proposed parcel 2 will exceed the 3:1 depth to width ratio, however there is adequate assurance that subsequent development may be accomplished without detriment to adjacent properties as there are numerous parcels within the neighborhood that are of a flag lot design. Conditional Use Permit (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 Single Family Residential -Z designation of the General Plan and General Plan Land Use Element Policy 1.1. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the Planned Development Ordinance. Staff Comment: As conditioned, the project satisfies all Conditional Use Permit and Planned Development Zoning Code provisions. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment: The proposed residential development will not be detrimental to the general public or working person's health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. ITEM NUMBER: 2 DATE: R -7-n7 Staff Comment: The proposed project is compatible with the surrounding neighborhood. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: The proposed project and use is consistent with the traffic projections and road improvements anticipated within the General Plan and as proposed by the applicant. Tree Removals The project proposes the removal of two (2) live oaks for a total of 15 inches dbh. Removal of the trees is necessary for driveway widening and fire safety clearance. Staff is recommending the following finding be made for the removal of these trees: 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. ■ 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 April 24, 2007. The Environmental Analysis identified concerns regarding potential impacts to land use, as well as planning and biological resources. Mitigation measures pertaining to these resources are included. A finding is proposed that this project would not have a significant effect on the environment based upon the implementation of the identified mitigation measures. Conclusion: The proposed development is consistent with the General Plan and compatible with the surrounding neighborhood. Native trees have been preserved where feasible and required conditions and mitigation measures have been appropriately incorporated into ITEM NUMBER: 2 DATE: R -7-p7 the project. As analyzed within the project Initial Study and Draft Mitigated Negative Declaration, the proposed Master Plan of Development would have no significant environmental impacts and will not be detrimental to the general public or working persons, health, safety, or welfare. Based on staff's analysis in the preceding sections, it appears all of the required findings for project approval can be made. ALTERNATIVES: 1. The Commission may recommend the City Council deny the project. The parcel would retain its designation of Residential Single Family - Z. A draft resolution for recommendation of denial is attached to this staff report. 2. The Commission may recommend modifications to the project and/or conditions of approval for the project to the City council. 3. 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. PREPARED BY: Kerry Margason, Associate Planner ATTACHMENTS: Attachment 1: Location, General Plan, and Zoning Map Attachment 2: Arborist Report Attachment 3: Draft Resolution 2007-0067 Attachment 4: Draft Resolution 2007-0068 Attachment 5: Draft Resolution 2007-0069 Attachment 6: Draft Resolution 2007-0070 ITEM NUMBER DATE: 8-7-07 Attachment 1: Location Map, General Plan and Zoning Existing Desi nag tion: - Single -Family Residential - Residential Single -Family - Z Proposed Designation: tion: - Single -Family Residential - Residential Single -Family - Z ITEM NUMBER: 2 DATE: R -7-n7 Attachment 2: Arborist Report A & T ARBORISTS = • P.O. BOX 1311 TEMPLETON, CA 93465 (805) 434-0131 _ July 17, 2007 JUL 17 21107 Mr. Ed Nolan 5190 Portola Road Atascadero, Ca 93422 Re; Tree Protection Plan for 5190 Portola Road Atascadero, CA 93422 This Tree Protection Plan is for the location stated above. The development will be impacting twelve native oak trees ten live oak (Quercus agrifolia) trees and two valley oak (Quercus lobata) trees. Two small live oak trees are being requested for removal. This project is for a lot split. It is the responsibility of the owner to provide a copy of this tree protection plan to any and all contractors and subcontractors that work within the drip line of the native trees. It is highly recommended that each contractor sign and acknowledge this tree protection plan. The trees impacted by this project are numbered and identified on both the grading plan and the spreadsheet. Trees are numbered on the grading plans and in the field with an aluminum tag. Tree protection fencing is shown on the grading plan. In the field trees to be saved have yellow tape. Trees suggested for removal have red tape. Tree Rating System A rating system of 1-10 was used for visually establishing the overall condition of each tree on the spreadsheet. The rating system is defined as follows: Rating Condition 0 Deceased I 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. ITEM NUMBER DATE: 8-7-07 Attachment 2: Arborist Report Relatively healthy tree with little visual structural and or pest defects. Healthy tree that probably can be left in its natural state. 7-9 Have had proper arboricuitural 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. Fencing: Will not be necessary for this project. 2. Trenching Within Drip Line: All trenching within the drip line of native trees shall be hand dug, augured or bored (for utilities). 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 contractor(s) must take place prior to work start. 3. 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. 4. Exposed hoots: 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. S. Existing Surfaces: The existing ground surface within the drip line of all oak trees shall not be cut, filled, compacted or pared, unless shown on the grading plans and approved by the arborist. 6. 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. 7. 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 ITEM NUMBER DATE: 8-7-07 Attachment 2: Arborist Report All grading and trenching near trees requiring monitoring on the spreadsheet All driveway construction activities Tree removal operations 8, 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) may 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 native trees, and that all work done in these areas was completed to the standards set forth above. 9. Utility Placement: All utilities shall be placed down the road/driveway 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. 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. Please let us know if we can be of any future assistance to you for this project. Steven G. Alvarez Certified Arborist #WC 0511 Attachment 2: Arborist Report TREE PROTECTION SPREAD SHEET FOR ED NOLAN 5190 PORTOLA ROAD ITEM NUMBER: 2 DATE: 8-7-07 1 2 3 4 5 6 7 8 9 10 11 TRUNK TREE CONST DRIP -LINE CONST MITIGATION MONT PRUNING FIELD S DBH CONOlTIQ STATUS % IIlIPACT IMPACT PROPOSAL REQUIRED CN47ES 19" 1 ! 34% G,C,T INYES NC)NE POW4RLINE 2X10" 1 6 30% G,C,T MYES NONE POWER LINESIRRiVEWAY 4" 1 1 30°I° G,C,T M YES NONE POWER-LIN£SOORIVEWAY 3}L52 1 I 5f}96YES NONE POWER-LINESMRIVEWAY FTREE I6 1 I 30k G,C,T M YE5 NONE 95" 4 7 ? ? ? ? 4 PROPOSEWRIALDENVELOPI6% 21 5 1 50% G,C,T M YES. 1 POWER-i-INESIDRIVEWAY 5n" 5 1 2°k G,CT M YES 4 POWER-LINESIDRIVEWAY 13" 6 1 40% G,C,T 1N YES 1 DRIVEWAY 10" 1 R 100% G,C,T NONE NO DRVeWAY 5" 2 R 100°1° G,C,T NONE NO DRWEWAY 12 LO 1 60" 6 I 1 S°k 1 PROPOSED FIRE TURN AR®OND t = TTIF.EA MOSTLY MOCIMISE FROM Cue NORTH , - CONSTRUCTION WACTrfK OR001N{;., GGMPACTIOR SRENCHING P� 1PEE SYPE' C01AW0Y' 0,""E GAIL k= MITlGATI]N REWIR WWT° FENCWq MONTORINC, ROOTWG PRUNING "LMNO ] . TRUNK DIAN€TER V AIF PpOR +O= F=EL.ENT 9 • AREDRW WNT,ORIW R€OUAED'. YES 10: PERSCROM PRUNING CLASS 1-4 - TREE GONOrl" , + 5- C01:STRUCTIML 61ATT18 AY.. IAGT.. PEMOJAt. 11 + FIELD NOTES 6= MPJW PERCENT OF WN TEDWIPIRIE ITEM NUMBER: 2 DATE: g -7-n7 ATTACHMENT 3: Draft Resolution PC 2007-0067 Approval of Draft Mitigated Negative Declaration DRAFT RESOLUTION PC 2007-0067 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL CERTIFY PROPOSED MITIGATED NEGATIVE DECLARATION 2007-0005 PREPARED FOR ZONE CHANGE 2004-0091, TENTATIVE PARCEL MAP 2004-0057 AND CONDITIONAL USE PERMIT 2004-0140 ON APN 054-051-021 5190 Portola Road (Nolan) WHEREAS, an application has been received from Ed Nolan, 5190 Portola Road, Atascadero, CA 93422 (Applicant and Property Owner), to consider a project consisting of a Zone Change from RSF-Z (Residential Single Family -Z) to RSF-Z/PD 16 (Residential Single - Family -Z with a Planned Development Overlay -16) with corresponding Master Plan of Development and Tentative Parcel Map located at 5190 Portola Road Avenue, (APN 054-051- 021); and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2007-0005 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 August 8, 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 resolve to recommend that the City Council certify Proposed Mitigated Negative Declaration 2007-0005 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, ITEM NUMBER: 2 DATE: R_7_m 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, ITEM NUMBER: 2 DATE: R_7_m BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER DATE: 8-7-07 Exhibit A Proposed Mitigated Negative Declaration 2007-0005 See Following ITEM NUMBER: 2 DATE: g -7-p7 ATTACHMENT 6: Draft Resolution PC 2007-0068 Approval of Proposed Zoning Map Change DRAFT RESOLUTION PC 2007-0068 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2004-0091, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 054-051-021 FROM RSF-Z (RESIDENTIAL SINGLE-FAMILY — Z) TO RSF-Z /PD -16 (RESIDENTIAL SINGLE-FAMILY — Z/ PLANNED DEVELOPMENT OVERLAY -16) 5190 Portola Road (Nolan) WHEREAS, an application has been received from Ed Nolan, 5190 Portola Road, Atascadero, CA 93422 (Applicant and Property Owner), to consider a project consisting of a Zone Change from RSF-Z (Residential Single -Family -Z) to RSF-Z/PD16 (Residential Single - Family -Z with a Planned Development Overlay -16) with corresponding Master Plan of Development and Tentative Parcel Map located at 5190 Portola Road Avenue, (APN 054-051- 021); and, WHEREAS, the site's General Plan Designation is SFR -Z (Single -Family Residential - Z); and, WHEREAS, the site's current zoning district is RSF-Z (Residential Single -Family —Z; 1.5 to 2.5 acre minimum); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0005 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Official Zoning Map to protect the health, safety, and welfare of its citizens by applying orderly development of the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which ITEM NUMBER: 2 DATE: R -7-n7 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 August 7, 2007, studied and considered Zone Change 2004-0091, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of Atascadero Changing the existing site zoning to RSF-Z/ PD -16. The Planning Commission finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 4. The proposed project offers certain redeeming features to compensate for the requested zone change. 5. The project site includes an open space easement. 6. The intent and purpose of the PD -16 Overlay includes providing relief from the City's Subdivision Ordinance regulating flag lots. 7. Modification of the 3:1 depth to width ratio requirement of the City's Subdivision Ordinance is necessary based on the size and shape of the property and different property ownerships which reduce access to the public road. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on August 7, 2007, resolved to recommend that the City Council introduce for first reading by title only, an ordinance that would rezone the subject site consistent with the following: 1. Exhibit A: Location Map / Zone Map Amendment Diagram ITEM NUMBER: 2 DATE: R_7_m BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 8.7.07 Exhibit A: Location Map / Zone Map Amendment Diagram ATTACHMENT 7: Draft Resolution PC 2007-0069 Approval of Proposed Master Plan of Development (CUP) DRAFT RESOLUTION PC 2007-0069 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2004-0140 MASTER PLAN OF DEVELOPEMNT ON APN 054-051-021 5190 Portola Road (Nolan) WHEREAS, an application has been received from Ed Nolan, 5190 Portola Road, Atascadero, CA 93422 (Applicant and Property Owner), to consider a project consisting of a Zone Change from RSF-Z (Residential Single -Family -Z) to RSF-Z/PD16 (Residential Single - Family -Z with a Planned Development Overlay -16) with corresponding Master Plan of Development and Tentative Parcel Map located at 5190 Portola Road Avenue, (APN 054-051- 021); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from RSF-Z (Residential Single -Family -Z) to RSF-Z with PD 16 (Residential Single - Family -Z with a Planned Development Overlay -16); and, WHEREAS, the Planned Development -16 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 2007-0005 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 August 7, 2007 studied and considered the Conditional Use Permit 2004- 0140 (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 -16 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 -16 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 August 7, 2007, resolved to recommend that the City Council approve Conditional Use Permit 2004-0140 (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: Tree Removal Request and Mitigation Worksheet BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program Planned Development -16 /CUP 2004-01402CH 2004-0091/TPM 2004-0057 Conditions of Approval / Timing Responsibili Mitigation Monitoring Program ty /Monitoring 5190 Portola Road FM' Final Map PS: Planning Services BS: Building Services BL: Business FD: Fire Department License PD: Police Department ZCH 2004-0091, CUP 2004-0140, TPM 2004-0057 GP: Grading CE: City Engineer Permit WW: Wastewater BP: Building CA: City Attorney Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Planning Services 1. The approval of this zone change and use permit shall become final and effective FM PS following City Council approval. 2. The approval of this use permit shall become final and effective for the purposes of FM PS issuing building permits thirty (30) days following the City Council approval of ZCH 2004- 0091 upon second reading and recordation of Parcel Map AT 03-0258, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority to approve the BP/FM PS, CE following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. 4. The approval timeline of this Conditional Use Permit shall run concurrently with tentative BP/FM PS parcel map AT 03-0258. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 5. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its Ongoin PS agents, officers, and employees against any claim or action brought to challenge an g approval by the city, or any of its entities, concerning the subdivision 6. All subsequent Tentative Map and construction permits shall be consistent with the BP/FM PS, CE Master Plan of Development contained herein. 7. Prior to issuance of building permits, the applicant shall submit, for review and approval, GP/BP PS, CE a maintenance agreement for the maintenance and repair of the common driveway. The agreement shall be reviewed by the City Engineer, Community Development Director and the City Attorney. This document shall record concurrently with the final parcel map. 8. All site development shall comply with the standards of the Planned Development 16 BP PS, BS Overlay District. 9. Affordable Housing Requirement: The applicant shall comply with the City Council GP/BP PS, CA inclusionary housing policy and pay an in -lieu fee based on 5% of the construction valuation of each new housing unit. Conditions of Approval / Timing Responsibili Mitigation Monitoring Program ty /Monitoring 5190 Porto/a Road FM, Final Map PS: Planning Services BS: Building Services BL: Business FD: Fire Department License PD: Police Department ZCH 2004-0091, CUP 2004-0140, TPM 2004-0057 GP: Grading CE: City Engineer Permit WW: Wastewater BP: Building CA: City Attorney Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy 10. 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. 11. An address marker to include addresses for all units shall be located at the public street GP/BP PS access point. The address marker shall be compatible with the project architecture. 12. The emergency services and facility maintenance costs listed below shall be 100% BP PS 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. 13. Approval of this permit shall include the removal of 2 Native Trees. The applicant shall be BP PS, BS 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 oak trees which will be impacted 40% or more. The applicant may submit written documentation from a certified arborist, that the trees remain in good health no sooner than 1 -year after final of the project to receive a full refund of the deposit. City Engineer Project Conditions 14. The applicant shall improve Portola Road across the frontage of the property to City BP CE standards, including street widening, curb, gutter, and sidewalk, if required. 15. The applicant shall overlay Portola Road to a width of 1/2 the street plus 10' across the BP CE frontage of the property as directed by the City Engineer. Conditions of Approval / Timing Responsibili Mitigation Monitoring Program ty /Monitoring 5190 Porto/a Road FM, Final Map PS: Planning Services BS: Building Services BL: Business FD: Fire Department License PD: Police Department ZCH 2004-0091, CUP 2004-0140, TPM 2004-0057 GP: Grading CE: City Engineer Permit WW: Wastewater BP: Building CA: City Attorney Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy 16. Applicant shall provide a minimum of 2% drainage away from the buildings for 5'. BP CE City Engineer Standard Conditions 17. All public improvements shall be constructed in conformance with the City of Atascadero BP, GP CE Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 18. Prior to issuance of building permits, the applicant shall submit a grading and drainage BP, GP CE plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. STANDARD CONDITIONS 19. All public improvements shall be constructed in conformance with the City of Atascadero BP, GP CE Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 20. In the event that the applicant is allowed to bond for the public improvements required as FM CE a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 21. An engineer's estimate of probable cost shall be submitted for review and approval by FM CE the City Engineer to determine the amount of the bond. 22. The Subdivision Improvement Agreement shall record concurrently with the Final Map. FM CE 23. The applicant shall be responsible for the relocation and/or alteration of existing utilities. BP, GP CE 24. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) BP, GP CE underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 25. The applicant shall monument all property corners for construction control and shall FM CE promptly replace them if disturbed. 26. The applicant shall acquire title interest in any off-site land that may be required to allow FM CE 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. 27. Slope easements shall be provided as needed to accommodate cut of fill slopes. FM CE Conditions of Approval / Timing Responsibili Mitigation Monitoring Program ty /Monitoring 5190 Porto/a Road FM, Final Map PS: Planning Services BS: Building Services BL: Business FD: Fire Department License PD: Police Department ZCH 2004-0091, CUP 2004-0140, TPM 2004-0057 GP: Grading CE: City Engineer Permit WW: Wastewater BP: Building CA: City Attorney Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy 28. Drainage easements shall be provided as needed to accommodate both public and FM CE private drainage facilities. 29. The final map shall be signed by the City Engineer prior to the map being placed on the FM CE agenda for City Council acceptance. 30. Prior to recording the Parcel map, the applicant shall submit a map drawn in substantial FM CE conformance with the approved tentative parcel 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. 31. Prior to recording the Parcel map, the applicant shall set monuments at all new property FM CE 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. 32. Prior to recording the map, the applicant shall complete all improvements required by FM CE these conditions of approval 33. 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 map. 34. Upon recording the final map, the applicant shall provide the City with a black line clear FM CE Mylar (0.4 mil) copy and a blue line print of the recorded map. 35. Prior to the final inspection of any public improvements, the applicant shall submit a FM CE written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 36. Prior to the final inspection, the applicant shall submit a written certification from a BP, GP CE registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 37. An encroachment permit shall be obtained prior to any work within City rights of way. BP, GP CE 38. Prior to the issuance of building permits the applicant shall submit a grading and BP, GP CE drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. Atascadero Mutual Water Company Conditions of Approval / Timing Responsibili Mitigation Monitoring Program ty /Monitoring 5190 Porto/a Road FM, Final Map PS: Planning Services BS: Building Services BL: Business FD: Fire Department License PD: Police Department ZCH 2004-0091, CUP 2004-0140, TPM 2004-0057 GP: Grading CE: City Engineer Permit WW: Wastewater BP: Building CA: City Attorney Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy 39. Before the issuance of building permits, the applicant shall submit plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross -connection devices shall conform to AWWA and California Department of Health Services standards. 40. Before issuance of building permits, the applicant shall obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. Mitigation Measures Mitigation Measure 3.15.1: The project shall be conditioned to comply with all applicable BP, GP BS, PS, CE 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. Conditions of Approval / Timing Responsibili Mitigation Monitoring Program ty /Monitoring 5190 Porto/a Road FM, Final Map PS: Planning Services BS: Building Services BL: Business FD: Fire Department License PD: Police Department ZCH 2004-0091, CUP 2004-0140, TPM 2004-0057 GP: Grading CE: City Engineer Permit WW: Wastewater BP: Building CA: City Attorney Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy ■ 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 around BP, GP PS the dripline of each existing on-site tree and/or native shrub mass within 20 feet of construction activity. Mitigation Measure 4.e.1: Grading and excavation and grading work shall be consistent BP, GP PS with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within the area of work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean-cut by hand and sealed with an approved tree seal. Conditions of Approval / Timing Responsibili Mitigation Monitoring Program ty /Monitoring 5190 Porto/a Road FM, Final Map PS: Planning Services BS: Building Services BL: Business FD: Fire Department License PD: Police Department ZCH 2004-0091, CUP 2004-0140, TPM 2004-0057 GP: Grading CE: City Engineer Permit WW: Wastewater BP: Building CA: City Attorney Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Mitigation Measure 4.e.2: An arborists report shall be required prior to project BP, GP PS, BS implementation. The report shall identify each native tree proposed for removal and each tree within the project area subject to potential impact. The report shall provide recommendations for tree pruning, tree protection of existing native trees to remain, and identify native tree impact/replacement mitigation per the Atascadero Municipal Code Section 9-11.105. Mitigation Measure 5.d.1: Should any cultural resources be unearthed during site BP, GP PS, BS 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 any BP, GP PS, BS 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 5.a.1: Any exterior building modifications or site plan changes not represented in the proposed project that could occur during the Building Permit application process or during construction shall be consistent with the Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines for Rehabilitating Historic Buildings and shall meet the provisions of CEQA -Section 15064.5, as approved by Planning Staff. Mitigation Measure 6.a.1: All construction on site shall comply with the seismic BP BS, PS, CE construction standards for Seismic Construction Zone 4 per the California 2001 Building Code. Mitigation Measure 6.15.1: All cut and fill slopes shall be hydro seeded with an appropriate BP BS, PS, CE 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 building BP PS 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 contractors BP, GP PS, BS, CE 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 Responsibili Mitigation Monitoring Program ty /Monitoring 5190 Portola Road FM: Final Map PS: Planning Services BS: Building Services BL: Business FD: Fire Department License PD: Police Department ZCH 2004-0091, CUP 2004-0140, TPM 2004-0057 GP: Grading CE: City Engineer Permit WW: Wastewater BP: Building CA: City Attorney Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Mitigation Measure 11.d.1: All construction activities shall comply with the City of BP, GP PS, BS, CE Atascadero Noise Ordinance for hours of operation. EXHIBIT B: Master Plan of Development / Site Plan �;��r�i��9�t,��a I rel sill lNeffiof:111111119# 1 Exhibit C: Tree Removal Request and Mitigation Worksheet (CUP 2004-0140) TRP 200 - s , 4 •Ifo �f , +� CITY OF ATASCADERO TREE REMOVAL PERMIT SECTION 11.45 E.5 OWNER 1: Ed 90 to AJ CONTACT: ADDRESS: ' r- ADDRESS: ift R39.12 PHONE #: PHONE #: FAX #: FAX #: OWNER 2: ARBORIST: 5�tr,cea eS, �{ uczrc ADDRESS: ADDRESS: _,iSSs Ate: ue �Pc�1 PHONE #: PHONE #: Cg,;) q3/ -.z;8/ FAX#: FAX#: %Fos) ARBORIST CERTIFICATION #: W5-6VIA ARBORIST SIGNA Site APN: Reason for Removal: T yet .11 trane to 1— e-amn —l - SPECIES SIZE (dbh) NUMBER TO BE CONDITION OF TREE REMOVED r 3. Property owner certifies that they have read and understood Atascadero Municipal Code Section 9-11.145. Tree removal is not to facilitate future development. A plot plan shall he included showing all proposed improvements on the property, trees to he removed, and trees to remain. The trees shall correspond with the no ers above.. Signature of'Property Owner Date Signature of Property Owner Date Signature, City of Atascadero Date Community Development Department 6907 El Camino Real, Atascadero, CA 93422 (805) 461-5000 fax: 461-7612 Exhibit C: Tree Removal Request and Mitigation Worksheet (CUP 2004-0140) City of Atascadero Community & Economic Development Department sunt Single Family Residential Tlee Mitigation Fonn I Date: July 30, 2007 Address: 5190 Tortola Road ................................... Applicant- Ed Nolan Owner. Ed Nolan Prepared by: KM Permit #: ZCH 2004-0091 Telephone: xx Telephone: xx NATIVE TREE REMOVAL MITIGATION Tree protection required? Yes Arborist review required? Yes Total number of trees impacted: 10 Removals: Number greater than 24"DBH: 0 number less than 24" DBH: 2 PC Permit Required? M Status: in process Replacements required: Yes Evergreen Native Trees (inches dbh notes 1 104nohes Tree 10 2 5-inohes Tree 11 4 5 8 7 8 9 10 11 12 13 14 15 Total 15 -inch - Mitigation Requirement req'd tree re play: erne nls. afire galtrees Deciduous Native Trees linches)I Totals dbh notes 11 I I I 5 6 7 8 9 10 11 12 13 14 15 Total 0 -inches 15 -inches req'd tree replacements 0 fore gal trees F'ropnf F.eplin ting 3fke gal tr!!a Proposed Replanting 0 fire galtrees 3five gal trees 0 fifteen galtrees 0 fifteen gal trees 0fifteen gal trees 0 box trees (24") 0 box trees (24") 0 boxtrees (24") Remaining Mitigation 0 titre galtrees Remaining Mitigation 0 fore gal trees 0five gal trees Tree Fund Payment: $ 125.00 Tree Fund Payment: $ - 1 $ 125.00 ATTACHMENT 6: Draft Resolution PC 2007-0070 Approval of Tentative Parcel Map DRAFT RESOLUTION PC 2007-0070 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP 2004-0057, A TWO -LOT SUBDIVISION CONSISTENT WITH A MASTER PLAN OF DEVELOPMENT ON APN 054-051-021 5190 Portola Road (Nolan) WHEREAS, an application has been received from Ed Nolan, 5190 Portola Road, Atascadero, CA 93422, (Applicant and Property Owner), to consider a project consisting of a Zone Change from RSF-Z (Residential Single -Family -Z) to RSF-Z/PD16 (Residential Single -Family -Z with a Planned Development Overlay 16) with corresponding Master Plan of Development and Tentative Parcel Map located at 5190 Portola Road Avenue, (APN 054-051- 021); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from RSF-Z (Residential Single Family -Z) to RSF-Z with PD16 (Residential Single Family -Z with a Planned Development Overlay 16); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0005 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative 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 August 7, 2007, studied and considered Tentative Parcel Map 2004-0057 (AT 03-0258), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Approval for Tentative Parcel Map, the Planning Commission of the City of Atascadero finds as follows: The proposed subdivision, design and improvements as conditioned, are consistent with the General Plan and applicable zoning requirements, including provisions of the PD -16 overlay district. 2. The proposed subdivision, as conditioned, is consistent with the Master Plan of Development (CUP 2004-0140). 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. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. 8. Proposed parcel 2 will exceed the 3:1 depth to width ratio, however there is adequate assurance that subsequent development may be accomplished without detriment to adjacent properties as there are numerous parcels within the neighborhood that are of a flag lot design. 9. The subdivision is consistent with the character of the immediate neighborhood. 10. The installation of a standard street, either alone or in conjunction with neighboring properties is not feasible. 11. The flag lot is justified by topographical conditions. SECTION 2. Findings of Approval for Tree Removal, the Planning Commission of the City of Atascadero 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 ■ 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 August 7, 2007, resolved to recommend that the City Council approve Tentative Parcel Map AT 03-0258 (TPM 2004-0057) subject to the following: 1. Exhibit A: Tentative Parcel Map (AT 03-0258) 2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Tentative Parcel Map AT 03-0258 (TPM 2004-0057) r aa `�R � � � 811111 Ir'69.�s� i i Exhibit B: Conditions of Approval / Mitigation Monitoring Program Tentative Parcel Map 2004-0057 Conditions of Approval / Timing Responsibili Mitigation Monitoring Program ty (Monitoring GP: Grading Permit Portola Road PO -16 BP: Building Permit SIP: Subdivision PS: Planning Services BS: BuildingSennces Tentative Parcel Map Improvement Plans FM: Final Map FD: Fire Department PD: Police Department TPM 2004-0057 TO: Temporary Occupancy CE: City Engineer Fl: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. Planning Services 1. The approval of this tentative parcel map shall become final and effective FM PS for the purposes of recording the final parcel map thirty (30) days following the City Council approval of ZCH 2004-0091 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. Approval of this Tentative Parcel Map shall be valid for two years after its FM PS effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the authority to FM PS approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Parcel Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The granting of this entitlement shall apply to the property located at (APN On going PS 054-051-021) regardless of owner. 5. The Final Map shall be drawn in substantial conformance with the approved FM PS tentative map and shall include all requirements as stated in the Subdivision Map Act and the City's Subdivision Ordinance, and shall be in compliance with all conditions set forth herein, and shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 6. The subdivider shall defend, indemnify, and hold harmless the City of FM PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 7. The Parcel Map shall be subject to additional fees for park or recreation FM PS purposes (QUIMBY Act) as required by City Ordinance. 8. The emergency services and facility maintenance costs listed below shall BP PS be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of Conditions of Approval / Timing Responsibili Mitigation Monitoring Program ty /Monitoring GP: Grading Permit Portola Road PD-16 BP: Building Permit SIP: Subdivision PS: Planning Services BS: Building Services Tentative Parcel Map Improvement Plans FM: Final Map FD: Fire Department PD: Police Department TPM 2004-0057 TO: Temporary Occupancy CE: City Engineer WW: Wastewater Fl: Final inspection F0: Final CA: City Attorney Occupancy AMWC: Water Comp. 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. 9. Prior to final map, the applicant shall submit a road maintenance agreement BP PS for review and approval by the Community Development Department, the City Engineer and the City Attorney. Once approved, this document shall record concurrently with the final parcel map. 10. Affordable Housing Requirement: The applicant shall deed restrict a GP/BP PS, CA minimum of 1 residential unit for 30 years or shall pay in-lieu fees consistent with City Council Policy. 11. A tree conservation and open space easement shall be recorded as shown on the tentative map. The easement shall be in accordance with the requirements of the PD-16 Overlay zone and shall include a metes and bounds description in addition to a graphic depiction. Fire Department Conditions FM PS, FM 12. All existing driveways shall be configured to the satisfaction of the Fire Marshall prior to recording the final parcel map. City Engineer Project Conditions 13. The applicant shall improve Portola Road across the frontage of the FM CE property to City standards as required and or directed by the City Engineer. This includes, but is not limited to, the necessary plans, specifications and reports necessary to construct the improvements. 14. The applicant shall overlay Portola Road to a width of 1/2 the street plus 10' FM CE across the frontage of the property as required and directed by the City Engineer. . 15. The applicant shall construct the improvements required by items 1 & 2, FM CE above, prior to recordation of the Final Parcel Map. The City Engineer may allow the applicant to bond for the public improvements in lieu of completing the public improvements prior to Final Map recordation. In the event that the applicant is allowed to bond for the public improvements, required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. Conditions of Approval / Timing Responsibili Mitigation Monitoring Program ty /Monitoring GP: Grading Permit Pol la Road PD -16 BP: Building Permit SIP: Subdivision PS: Planning Services BS: Building Services Tentative Parcel Map Improvement Plans FM: Final Map FD: Fire Department PD: Police Department TPM 2004-0057 TO: Temporary Occupancy CE: City Engineer WW: Wastewater Fl: Final inspection F0: Final CA: City Attorney Occupancy AMWC: Water Comp. 16. An engineer's estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. 17. The Subdivision Improvement Agreement shall record concurrently with the Final Map. 18. Applicant shall provide a minimum of 2% drainage away from the buildings BP CE for 5'. City Engineer Conditions 19. Prior to issuance of building permits, the applicant and or property owner(s) BP, GP CE shall submit a grading and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. 20. Prior to City Council approval of the Final Parcel Map, the applicant shall FM CE revise the Approved Tentative Parcel Map/Final Parcel Map to show existing lot boundaries, contours, all easements and make any other technical or non-technical correction required by the City Engineer. The Parcel Map shall be deemed technically correct, by the City Engineer, prior to placement on the City Council agenda. 21. Prior to City Council approval of the Parcel Map, the Applicant shall submit FM CE calculations for the acreage of each lot, acceptable to the City Engineer. STANDARD CONDITIONS 22. All public improvements shall be constructed in conformance with the City BP, GP CE of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 23. In the event that the applicant is allowed to bond for the public FM CE improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 24. An engineer's estimate of probable cost shall be submitted for review and FM CE approval by the City Engineer to determine the amount of the bond. 25. The Subdivision Improvement Agreement shall record concurrently with the FM CE Final Map. 26. The applicant shall be responsible for the relocation and/or alteration of BP, GP CE existing utilities. 27. The applicant shall install all new utilities (water, gas, electric, cable TV and BP, GP CE telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 28. The applicant shall monument all property corners for construction control FM CE Conditions of Approval / Timing Responsibili Mitigation Monitoring Program ty /Monitoring GP: Grading Permit Pol la Road PD -16 BP: Building Permit SIP: Subdivision PS: Planning Services BS: Building Services Tentative Parcel Map Improvement Plans FM: Final Map FD: Fire Department PD: Police Department TPM 2004-0057 TO: Temporary Occupancy CE: City Engineer Fl: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. and shall promptly replace them if disturbed. 29. The applicant shall acquire title interest in any off-site land that may be FM 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 egress is affected by these improvements. 30. Slope easements shall be provided as needed to accommodate cut of fill FM CE slopes. 31. Drainage easements shall be provided as needed to accommodate both FM CE public and private drainage facilities. 32. 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. 33. 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. 34. Prior to recording the Parcel map, the applicant shall set monuments at all FM CE new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 35. Prior to recording the map, the applicant shall complete all improvements FM CE required by these conditions of approval 36. Prior to recording the Parcel map, the applicant shall have the map FM CE reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The 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 map. 37. Upon recording the final map, the applicant shall provide the City with a FM CE black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 38. Prior to the final inspection of any public improvements, the applicant shall FM CE submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. Conditions of Approval / Timing Responsibili Mitigation Monitoring Program ty /Monitoring GP: Grading Permit Pol la Road PD -16 BP: Building Permit SIP: Subdivision PS: Planning Services BS: Building Services Tentative Parcel Map Improvement Plans FM: Final Map FD: Fire Department PD: Police Department TPM 2004-0057 TO: Temporary Occupancy CE: City Engineer Fl: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. 39. Prior to the final inspection, the applicant shall submit a written certification BP, GP CE from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final parcel map. 40. An encroachment permit shall be obtained prior to any work within City BP, GP CE rights of way. 41. Prior to the issuance of building permits the applicant shall submit a grading BP, GP CE and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. Atascadero Mutual Water Company 42. Before the issuance of building permits, the applicant shall submit plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross -connection devices shall conform to AWWA and California Department of Health Services standards. 43. Before issuance of building permits, the applicant shall obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. 44. The applicant shall provide AMWC with easements for those water facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 45. The applicant shall provide AMWC with easements for those water facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. Mitigation Measures Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP, GP BS, PS, CE 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 Conditions of Approval / Mitigation Monitoring Program Pol la Road PD -16 Tentative Parcel Map TPM 2004-0057 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy Fl: Final inspection F0: Final Occupancy Responsibili ty /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. 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. ■ 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 Conditions of Approval / Timing Responsibili Mitigation Monitoring Program ty /Monitoring GP: Grading Permit Pol la Road PD -16 BP: Building Permit SIP: Subdivision PS: Planning Services BS: Building Services Tentative Parcel Map Improvement Plans FM: Final Map FD: Fire Department PD: Police Department TPM 2004-0057 TO: Temporary Occupancy CE: City Engineer WW: Wastewater Fl: Final inspection F0: Final CA: City Attorney Occupancy AMWC: Water Comp. 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 BP, GP PS fencing around the dripline of each existing on-site tree and/or native shrub mass within 20 feet of construction activity. Mitigation Measure 4.e.1: Grading and excavation and grading work shall be BP, GP PS consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 7. All existing trees outside of the limits of work shall remain. 8. Earthwork shall not exceed the limits of the project area. 9. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 10. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 11. All trees within the area of work shall be fenced for protection with 4 - foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 12. Any roots that are encountered during excavation shall be clean-cut by hand and sealed with an approved tree seal. Mitigation Measure 4.e.2: An arborists report shall be required prior to BP, GP PS, BS project implementation. The report shall identify each native tree proposed for removal and each tree within the project area subject to potential impact. The report shall provide recommendations for tree pruning, tree protection of existing native trees to remain, and identify native tree impact/replacement mitigation per the Atascadero Municipal Code Section 9-11.105. Mitigation Measure 5.d.1: Should any cultural resources be unearthed during BP, GP PS, BS site 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 BP, GP PS, BS recognition of 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 Conditions of Approval / Timing Responsibili Mitigation Monitoring Program ty /Monitoring GP: Grading Permit Pol la Road PD -16 BP: Building Permit SIP: Subdivision PS: Planning Services BS: Building Services Tentative Parcel Map Improvement Plans FM: Final Map FD: Fire Department PD: Police Department TPM 2004-0057 TO: Temporary Occupancy CE: City Engineer Fl: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. coroner shall contact the Native American Heritage Commission within 24 hours. Mitigation Measure 6.a.1: All construction on site shall comply with the BP BS, PS, CE seismic construction standards for Seismic Construction Zone 4 per the California 2001 Building Code. Mitigation Measure 6.b.1: All cut and fill slopes shall be hydro seeded with an BP BS, PS, CE 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 BP PS with a building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that all BP, GP PS, BS, CE contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.d.1: All construction activities shall comply with the BP, GP PS, BS, CE City of Atascadero Noise Ordinance for hours of operation. \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- ZCH - Zone Change\ZC 04\ZCH 2004-0091 5190 Portola Road\ZCH 2004-0091 5190 Portola PC-SR.KM.doc ITEM NUMBER: DATE: B-7-07 Atascadero Planning Commission Staff Report - Community Development Department PLN 2007-1192 Amendment to Master Plan of Development (CUP 8-87) Golden West Commercial Park 3100 EI Camino Real (Bergquist) SUBJECT: The proposed project consists of an application for a Conditional Use Permit Amendment for the Master Plan of Development at the Golden West Commercial Park. The proposed project includes the addition of one new building in the existing commercial park. RECOMMENDATION: Staff Recommends: Adopt Resolution PC 2007-0066 approving PLN 2007-1192 based on findings and subject to Conditions of Approval. SITUATION AND FACTS: 1. Owner/ Applicant: John Bergquist, 7850 Carmelita Ave., Atascadero, CA 93422 2. Architect: Joe Elkins, PO Box 550, Templeton, CA 93465 3. Project Address: 3100 EI Camino Real, Atascadero, CA 93422 APN 049-214-001 4. General Plan Designation: Commercial Park (CPK) 5. Zoning District: Commercial Park (CPK) ITEM NUMBER: 3 DATE: 8-7-07 6. Site Area: 0.833 acres 7. Existing Use: Outdoor storage area in existing Commercial Park 8. Environmental Status: Class 32 Categorical Exemption (Infill development) DISCUSSION: Background A Conditional Use Permit for the Golden West Commercial Park (CUP 8-87) was approved in December of 1987. The project included a Master Plan of Development, which identified landscaping, location of structures, and Conditions of Approval for the project. The original project included an area of 2.75 acres between EI Camino Real and Highway 101. The 1987 Master Plan was approved for four separate commercial buildings with a total of approximately 27,000 square feet of floor space. The area is zoned CPK (Commercial Park) with a PD -1 Overlay. The PD -1 requires all development to be consistent with an approved Master Plan of Development. In addition, the site design must take into account the appearance of the project from Highway 101, including building siting and landscape buffers. A 10 -foot setback must be maintained along Highway 101, and a 20 -foot setback is required along the EI Camino Real frontage. During the original Master Plan review, the State Office of Archeological Surveys requested that a survey be done on the site. The survey was completed in 1987, and it was determined that no cultural resources exist on site. Site improvements were done with the original Master Plan, including the addition of sidewalk, curb, and gutter along the EI Camino Real frontage. ITEM NUMBER: DATE: 8-7-07 The originally approved Master Plan identified an area for a "future building" on the north-westerly lot of the Commercial Park. A general footprint was designated, however, detailed plans were not included in the original 1987 plans. The area has been previously graded and is currently being used as outdoor storage for the surrounding Commercial Park. Subject area t U. LgiL c+r lr Y ,10wir 15Ag' .- r' I.W[ ccF- nwyG Rte.. sift Lille or 1ACb4lF aria�yRv pJ� � �. I f I I I Fav+. L4♦' —.a •i=�^�}1=' y �� �� i`. I n r77 r a Appearance Review Site Design � - L raccerHa 1 + r ]rrxn'y ,1 f +i Original Master Plan of Development (CUP 8-87) Golden West Commercial Park fw_-rtik 9Hftic'c:P FtP7C f SI ryWCt'JtiGr I1 The proposed building is located in the same location as the "future building" which was originally shown on the approved 1987 Master Plan. The footprint of the structure has been modified, and additional on-site improvements, including parking and landscape, are included in the Amendment (See site plan comparison below.) The structure is proposed as a two-story building with a total area of 10,592 square feet. One exterior wall of the building is proposed to abut the property line of the subject lot, and therefore, is required to be protected according to CBC Table 5-A, including a firewall along the property line (Conditions 14 and 15.) The site plan has been designed to meet the requirements of the Atascadero Municipal Code and the appearance review requirements of the General Plan. The new building will be accessed from EI Camino Real, using the existing driveway entrances. Off site ITEM NUMBER: 3 DATE: 8-7-07 improvements, including sidewalks, curb, and gutter, were completed with the original CUP. There are 16 new parking spaces that proposed with the Amendment. In addition, a previous shared parking agreement provides additional parking throughout the surrounding commercial park. The Atascadero Municipal Code requires 1 parking space for every 300 square feet of general commercial space, and 1 parking space for every 2,000 square feet of commercial storage space. The floor plan for the proposed 10,592 square -foot building identifies the majority of the floor area as work/storage areas. The existing tenants in the commercial center use only a small percentage (estimated at approximately 30%) of the floor area for retail or office space, and the majority of the buildings are used for storage or work areas. Therefore, the 16 parking spaces proposed will provide adequate parking on site for the new building. Architecture. Materials, Color The style and color scheme of the proposed structure is consistent with the surrounding commercial park. The elevations include smooth grey stucco walls with red and blue banding. The storefront and entryway is also designed to match the existing structures. MF -WH r utra K pa rn , KW MH r-%T'tA Pwili* ---- rW Wrw.- TMH e rah wi , M- 'AlPk1'1 [r�.}� F�ItITFi� ��Ty 'i`i?Fil h4ATG}{ i�19'rkftr �f�111�7 ��Ucl� GC LC�lr �)Gl WI : c 5L_cmctC7 ML~ gI,r`?rleo"r Landscape Design Color Board: Designed to match existing buildings The proposed landscape plan has been designed for compatibility with existing on-site improvements and the proposed new building (see Exhibit F.) The applicant is including several new shade trees and additional ground cover within the landscape planters around the parking lot. A landscaped drainage basin is proposed to be installed between the parking area and Highway 101. The existing fence and shrubs are proposed to remain between Highway 101 and the project site. There are no native trees located in the proposed construction area. ITEM NUMBER: DATE: Whr-- nl= L T t ,Tt*V--T 159 y - - ---- -\ ( INE of hW Mon . LUIS dfe t lOr Arr <6YW J5. C I I 1 IUNLj ori rm"WA enln.z, i A& I/ QVT�We;.SJOPJkGael LA AL �„ pr.erst • . I Originally approved Master Plan (with proposed building overlay Proposed building with new parking & landscaping w trrt I1 I�11� '—. r r .l � •�.J i.j.' Proposed building with new parking & landscaping ITEM NUMBER: DATE: 8-7-07 General Plan Consistency The proposed project is consistent with the following General Plan Land Use Element Policies: Land Use Program 1.1.7: "Within the Urban Core encourage infill development or revitalization or reuse of land already committed to urban development where utilities and public services exist. " Land Use Policy 2.1: "Ensure that new development is compatible with existing and surrounding neighborhoods. " As analyzed above and as conditioned, the proposed project is consistent with the General Plan and has been designed to be compatible with the surrounding Commercial Park and previously approved Conditional Use Permit. Findings Conditional Use Permit A Master Plan of Development approved in the form of a Conditional Use Permit is required for development in excess of 10,000 square -feet. The Conditional Use Permit process provides the opportunity for the public and the Planning Commission to review the specifics of land use proposals, such as architectural design, site design, landscape, signage, and specific standards of the zoning ordinance. The Planning Commission must make the following five findings to approve a Conditional Use Permit or Conditional Use Permit Amendment. 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The use is consistent with the General Commercial designation of the General Plan and General Plan Land Use Element Policy 1.1.7 and 2.1. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). Staff Comment: As conditioned, the project satisfies all Conditional Use Permit 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 ITEM NUMBER: 3 DATE: B-7-07 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 development will not be detrimental to the general public or working persons health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The project is consistent with the surrounding neighborhood uses and existing site improvements. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: The proposed project and use is consistent with the traffic projections and road improvements anticipated within the General Plan. Based on staff's analysis in the preceding sections, it appears that all of the required findings for approval of a Conditional Use Permit can be made. Proposed Environmental Determination An Initial Study and Negative Declaration were prepared for the original Golden West Master Plan in 1987 in conformance with the requirements of CEQA. The original CUP 8-87 Master Plan identified a future building at this location, and a building pad was graded with the rest of the commercial park. The proposed building qualifies for a Class 32 Categorical Exemption for an infill development project. The project meets all requirements for infill development, including being surrounded by urban uses, located on less than 5 acres, and the subject site has no value as habitat for endangered species. Conclusion The proposed project will amend the Master Plan of Development at the Golden West Commercial Park to include one additional building, 16 parking spaces, and on-site landscaping. It is staff's opinion that the proposed project, as conditioned, allows the Planning Commission to make all of the required findings for project approval. ITEM NUMBER: DATE: B-7-07 ALTERNATIVES 1. The Commission may recommend modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Callie Taylor, Assistant Planner ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Original CUP 8-87 Master Plan of Development Attachment 3: Site Photos Attachment 4: Categorical Exemption, Class 32 Infill Development Attachment 5: CUP 8-87 Conditions of Approval Attachment 6: Draft Resolution PC 2007-0066 ITEM NUMBER: DATE: 8-7-07 Attachment 1: Location Map, Zoning and General Plan Zoning Designation: Commercial Park General Plan: Commercial Park Surroundina Land Use and Settin North: Commercial Park (CPK) South: Commercial Park (CPK) East: Residential Suburban (RS) West: Highway 101 ITEM NUMBER: DATE 8707 Attachment 2: Owgnal CUP 887Master Plan o Development d � � ® \~ /& � »•� ^ ` �' - } -_- _ � - faE \{ \i� � z K� • � � \r %� . �}t . . ¥�� |! � Q y/ ITEM NUMBER: 3 DATE: B-7-07 Attachment 3: Site Photos I Attachment 3: Site Photos 11 ITEM NUMBER: 3 DATE: B-7-07 jill xArm i a Yz- ik •'.'� y3it '��'� Attachment 4: Categorical Exception ITEM NUMBER: 3 DATE: 8-7-07 CITY OF ATAS CADER O NOTICE OF EXEMPTION 6907 El Camino Real Atascadero, CA 93422 805.461.5000 Date Received for Filing TO: ® File FROM: Callie Taylor, Assistant Planner City of Atascadero 6907 El Camino Real Atascadero, CA 93422 SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code. Project Title: PLN 2007-1192; Amendment to Master Plan of Development (CUP 8-87) Project Location (Include COunty): 3100 El Camino Real, Atascadero, CA 93422 APN 049-214-001; San Luis Obispo County Project Description: The proposed project consists of an Amendment to the Master Plan of Development at the Golden West Commercial Park. The proposed project includes the addition of one new building, parking, and landscaping in the existing commercial park. The new building will be located on a previously graded pad which is currently used for outdoor commercial storage. Name of Public Agency AWroving Project: City of Atascadero Name of Person or Agency CgMing Out Project: Exempt Status: ❑ Ministerial (Sec. 15073) ❑ ❑ Declared Emergency (Sec. 15061 (a)) ❑ ® Categorically Exempt (Sec. 15332) ITEM NUMBER: DATE: 8-7-07 John Bergquist, 7850 Carmelita Ave., Atascadero, CA 93422 Emergency Project (Sec. 1507 (b) and (c)) General Rule Exemption (Sec. 15061.c) Reasons why project is exempt: Class 32 of the California Environmental Quality Act (CEQA) (Section 15332, In -Fill Development Project) exempts in -fill projects with are surrounded by urban uses, on less than 5 acres, and have no value as habitat for endangered species. Contact Person: Callie Taylor, Assistant Planner Date: July 23, 2007 Callie Taylor Assistant Planner ITEM NUMBER: DATE: 8-7-07 Attachment 5: CUP 8-87 Conditions of Approval EXHIBIT U - Conditions of Approval Conditional Use Permit 8-87 (CPK Master Plan) 3100/3150 El Camino Real Golden West Development (Elkins) December 1, 1987 CONDITIONS OF APPROVAL: 1. Site development including parking, landscaping, building architecture, and related features shall be consistent with the approved exhibits, including any modifications required herein and all provisions of the Zoning ordinance. 2. Exterior building elevations shall be approved as shown in Exhibits F to I. The applicant shall at the time of building permit submittal designate the exterior building material (Concrete Tilt -Up or Metal System). 3. Tree Protection Plan (Exhibit J) shall be followed in the development of the site. 4. The Master Sign Plan is approved as shown in Exhibits K, L, & M, with the following modifications. A. No Freeway Sign shall be allowed. B. No signing shall be allowed on building fronts without a public entrance or along the Freeway elevations of the buildings. C. Individual letter signs with 12 inch individual letters are approved with a maximum length of 25'-0". Style and color of letters to be approved at the time of issuance of building permits. The style and color shall be consistent through out the project. D. Signing shall be allowed along the E1 Camino Real building frontages for buildings A & B, but only for the tenants of buildings A & B. 5. Future subdividing of the site shall be limited to 7 Commercial Units unless the site plan is r_� in conformance with all City Development Standards. The following forms of subdivision would be acceptable; A. Air Space Condominiums for approved commercial units, with a common open space lot; or B. Foot print lots for the approved commercial units, with a common open space lot; or C. A standard lot design for the approved commercial ITEM NUMBER: DATE: 8-7-07 Attachment 5: CUP 8-87 Conditions of Approval r units, and a potential common lot. Any subdivision approval shall take in to consideration the requirements for septic system design as listed in the Regional Water (duality Control Board Basin Plan and City ordinances. 6. outdoor lighting shall be reviewed at the time of building permit review and approval to assure conformance to section 94.137 of the Zoning Ordinance. 7. Road Improvement Plans prepared by a registered Civil Engineer must be submitted to and approved by the Public Works and Community Development Departments prior to the Final Building Inspection. 8. Construction of road improvements shall be completed (or bonded for) prior to final building inspection for curb, gutter, sidewalk, street tree installation and pave out of E1 Camino Real. 4. Obtain Encroachment Permit from the City of Atascadero (Public Works Department). Sign an Inspection Agreement and a Curb and Gutter Agreement, guaranteeing that the work will be done and inspections paid for, prior to the issuance of a Building Permit, and construct improvements as directed by the Encroachment Permit prior to Final Inspection. 10. Secure a drainage acceptance letter from CalTrans stating that they have reviewed the Drainage Plan and find it acceptable prior to the issuance of a building permit. 11. obtain Encroachment permit from CalTrans for drainage and landscaping work within their right-of-way prior to the issuance of a building permit. 12. Drainage Facilities shall be constructed to City of Atascadero standards. 13. Grading and Drainage plans prepared by a registered Civil Engineer shall be submitted to and approved by the Public Works and Community Development Departments prior to the issuance of building permits. 14. All grading and drainage work shall be completed prior to the final building inspection. 15. All grading and erosion control measures shall require written certification by a Registered Civil Engineer that all work has been completed and is in full compliance with the approved plans. 16. Two fire hydrants shall be provided one on sit and the other along the street frontage. Exact location and design ITEM NUMBER: DATE: 8-7-07 Attachment 5: CUP 8-87 Conditions of Approval rt 0 to be approved by the Fire Department prior to the issuance of building permits. Other fire suppression systems maybe required at the time of issuance of building permits due to specific uses proposed. 17. All utilities on the site shall be u n d e r g r o u n d e d, when an undergrounding district is formed in the area, all utility connections shall be placed underground. 18. Landscape and irrigation plans in conformance with Section 9-4.124 shall be approved prior to the issuance of building permits, Plans shall include the following modifications to the approved site plan exhibit. A. A screening fence or wall along the rear property frontage (Freeway) and along the side yards where outdoor storage will occur. The design of the fence or wall shall be compatible with the approved building materials. The same type of fence or wall shall be used for the internal screening of storage areas. B. Screen landscaping shall be provided along the Freeway right -of -wag. Plans shall include the use of shrubs and trees, C. Landscaping strip on the north side of the property shall be extended along the entire property line outside storage areas. Where screen fence or wall is required for storage areas screening trees shall be provided at approximately 30'-0" on center, or in clustering, D. Landscaping on the inside of the storage areas between buildings B and C shall be reduced to require only screening trees. 19. A septic system in conformance with City ordinances and The Regional Water Quality Control Board Basin Plan shall be approved prior to the issuance of a building permit for the development of the site. 20. All conditions of approval herein shall be complied with prior to the occupancy of any building, 21. This Conditional Use Permit (Master Plan) approval shall expire one year from the date of final approval unless all conditions are satisfied and the project shows substantial progress, or unless an extension of time has been granted pursuant to a written request prior to the expiration date. SIM/ j m ITEM NUMBER: DATE: 8-7-07 ATTACHMENT 6: Draft Resolution PC 2007-0066 DRAFT RESOLUTION PC 2007-0066 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT 8-87 (PLN 2007-1192) AT THE GOLDEN WEST COMMERCIAL PARK APN 049-214-001 3100 El Camino Real (Bergquist) WHEREAS, an application has been received from John Bergquist (7850 Carmelita Ave, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of an Amendment to the Master Plan of Development at Golden West Commercial Park (CUP 8- 87) 3100 El Camino Real, Atascadero, CA 93422; and, WHEREAS, the site's General Plan Designation is CPK (Commercial Park); and, WHEREAS, the site's current zoning district is CPK (Commercial Park); and, WHEREAS, a Master Plan of Development in the form of a Conditional Use Permit is required for all developments in excess of 10,000 square feet; and, WHEREAS, the proposed project meets the requirements for a Class 32 Categorical Exemption for infill development; 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 entitlements; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on August 7, 2007, studied and considered PLN 2007-1192, after first finding the project qualified for a Class 32 Categorical Exemption; and, NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: ITEM NUMBER: 3 DATE: 8-7-07 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); and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on August 7, 2007, resolved to approve PLN 2007-1192 to establish an Amendment to the Master Plan of Development CUP 8-87, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Master Plan of Development / Site Plan EXHIBIT C: Floor Plans EXHIBIT D: Elevations EXHIBIT E: Grading & Drainage Plan EXHIBIT F: Landscape Plan On motion by Commissioner , and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: ITEM NUMBER: DATE: 8-7-07 AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADFRO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 8-7-07 EXHIBIT A: Conditions of Approval Master Plan of Development Amendment (PLN 2007-1192) Conditions of Approval / Timing Responsibility Mitigation Monitoring Program /Monitoring PS: Planning Services BL: Business License BS: Building Services Golden West Commercial Center GP: Grading Permit FD: Fire Department Amendment to Master Plan of Development CUP 8-87 BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer PLN 2007-1192 TO: Temporary Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy Planning Services 1. All previous conditions of Conditional Use Permit 8-87 shall be adhered to, BP PS including signage requirements. 2. Building color scheme is to be consistent with the surrounding buildings in the BP PS existing commercial park. Stucco shall be smooth, consistent with the existing center. 3. All areas not covered by buildings or parking shall be landscaped. A minimum BP PS 10 -foot landscape buffer between the site and Highway 101 shall be maintained. 4. This conditional use permit shall be for an amendment to the Master Plan of BP PS Development for one new building located at the Golden West Commercial Park on parcel 049-214-001 regardless of owner. 5. The approval of this use permit shall become final and effective for the BP PS purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 6. The Community Development Department shall have the authority to approve BP PS, CE the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council. 7. Approval of this Conditional Use Permit shall be valid for twelve (12) months BP PS after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 8. The applicant and/or subsequent owners shall defend, indemnify, and hold On going PS harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the proposed development. 9. All subsequent Tentative Map and construction permits shall be consistent with BP PS, CE ITEM NUMBER: DATE: 8-7-07 Conditions of Approval / Timing Responsibility Mitigation Monitoring Program /Monitoring PS: Planning Services BL: Business License BS: Building Services Golden West Commercial Center GP: Grading Permit FD: Fire Department Amendment to Master Plan of Development CUP 8-87 BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer PLN 2007-1192 TO: Temporary occupancy WW: Wastewater CA: City Attorney FO: Final Occupancy the Master Plan of Development contained herein. 10. All exterior elevations, finish materials, and colors shall be consistent with the BP PS Master Plan of Development as shown in EXHIBIT C and D with the following modifications: ■ All exterior material finishes shall be durable, high quality, and consistent with the architectural appearance. ■ All trash storage, recycle storage, and air conditioning units shall be screened from view behind architecturally compatible or landscaped enclosures; ■ Any exterior light fixtures shall be compatible with building design, subject to staff approval. 11. All site work, grading, and site improvements shall be consistent with the BP/FM PS, BS, CE Master Plan of Development as shown in EXHIBITS B through F. 12. A final landscape and irrigation plan shall be approved prior to the issuance of BP PS, BS building permits and included as part of site improvement plan consistent with EXHIBIT B through F, and as follows: ■ All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. ■ All common areas shown on the landscape plan shall be landscaped by the developer prior to the final of any building permit on-site. ■ Plant species shall be drought tolerant and designed to compliment the site buildings. ■ Landscape trees shall be minimum 15 -gallon size and double staked. ■ Parking lot trees shall be large to medium shade trees and shall be planted a maximum of 30 -feet on center throughout parking areas. 13. The developer and/or subsequent owner shall assume responsibility for the GP PS continued maintenance of all landscape areas, consistent with EXHIBIT F. BP Building Services 14. The south wall of the building is to be protected according to CBC Table 5- BP PS/BS A. Please make appropriate changes to plans. ITEM NUMBER: DATE: 8-7-07 Conditions of Approval / Timing Responsibility Mitigation Monitoring Program /Monitoring PS: Planning Services BL: Business License BS: Building Services Golden West Commercial Center GP: Grading Permit FD: Fire Department Amendment to Master Plan of Development CUP 8-87 BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer PLN 2007-1192 TO: Temporary occupancy WW: Wastewater CA: C4 Attorney FO: Final Occupancy 15. Light and ventilation to be provided as required in CBC Chapter 12. BP PS/BS Fire Marshal 16. Fire sprinkler plans shall be submitted with building permit applications. City Engineer Project Conditions 1. The applicant shall enclose the storm water detention basin with a 6' chain GP, BP CE link fence and shall provide a gated entrance for maintenance. 2. Applicant shall provide a separate building sewer, pump station, and force GP, BP CE main to lift wastewater to the municipal sewer, unless evidence is provided that a private system with adequate capacity is available for this purpose. City Engineer Standard Conditions 3. Drainage easements shall be obtained by the applicant as needed to GP, BP CE accommodate both public and private drainage facilities. 4. Prior to the issuance of building permits the applicant shall submit GP, BP CE calculations 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. 5. 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 run-off. 6. Drainage basins shall be designed to desilt, detain and meter storm flows as GP, BP CE well as release them to natural run-off locations. 7. Prior to the issuance of building permits the applicant shall show the method GP, BP CE of dispersal at all pipe outlets, including specifications for size & type. 8. Prior to the issuance of building permits the applicant shall show method of GP, BP CE conduct to approved off-site drainage facilities. 9. Applicant shall pay sewer extension (Annexation), Connection and BP CE Reimbursement fees (if applicable) upon issuance of building permit. ITEM NUMBER: 3 DATE: B-7-07 EXHIBIT B: Master Plan of Development / Site Plan ITEM NUMBER: DATE: B-7-07 EXHIBIT C: Floor Plans I � � i r S��HT Mrrf3rMXf- ; - [zZ�IC brf-'f1'�+IiV- *Jfp�i'9Ct+Y I.�'�Hk kaxl� Li r � l r n�w..o ��nOOVCmSn a ITEM NUMBER: DATE: 8-7-07 EXHIBIT C: Floor Plans y--rVo*€1-� �. e -nw*4 p vrr a�xsdiaani b C C � y RE7fiklr{rT WAL4- �...� ..-.,r.. tow F�A,-r- rLAN J 1••+ wet • xxa. rav uun U a..a..ni -l� ITEM NUMBER: DATE: 8-7-07 EXHIBIT D: Elevations �Hd�1.YMW1� WN+M1'L� M9NPiY•dlafl]i1W]YY W) M1 C) 1 ff.� �S2 111 Y�-a I 1 i I ITEM NUMBER: DATE: 8-7-07 EXHIBIT D: Elevations C �� �^J� I � pGiSiq• itlh1?f1�N]wr 1]�aw]�M • 4i1a11 fp +r fig W Ilk i I J III .,III I I I I I I i j i 'I I I i i I I I �7T7� I 1 S ITEM NUMBER: 3 DATE: B-7-07 EXHIBIT E: Grading & Drainage Plan ITEM NUMBER: .11 DATE: 8-7-07 EXHIBIT F: Landscape Plan ITEM NUMBER: 4 DATE: 8-7-07 Atascadero Planning Commission Staff Report — Community Development Department PLN 2006-1171 Tentative Parcel Map and Tree Removal Permit 10270 Santa Ana Road (Baltes) SUBJECT: The proposed project is a Tentative Parcel Map for a two lot split in the RS Zone (2 '/2 - 10 acre lot sizes based on performance standards.) The existing lot is 7.13 acres gross (6.82 acres net) with an average slope of 30%. Proposed Parcel 2 (which contains an existing residence) is 3.15 acres gross with a 24% average slope. Parcel 1 is 3.97 acres gross with a 34% average slope. A building envelope with a slope of 19% is identified on Parcel 1 for one new residence. The project proposal includes the removal of 5 Blue Oaks (75" total DBH) for the construction of the new residence and driveway. An additional 4 native trees (68" total DBH) will be impacted 45%-50% and shall require mitigation deposits to ensure that the trees survive construction. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2007-0065 certifying the Proposed Mitigated Negative Declaration 2007-0012, approving the removal of 5 Blue Oaks (75" total DBH), and approving Tentative Parcel Map 2006-0087, a request to subdivide one lot totaling 7.13 gross acres into two (2) parcels containing 3.15 and 3.97 acres gross each, based on findings and subject to conditions. SITUATION AND FACTS: 1. Owner: Sandi Baltes, 1014 Lockhaven, Brea, CA 92821 2. Agent: Kim Koch, 1039 W. Whittier Blvd, La Habra, CA 90631 3. Project Address: 10270 Santa Ana Rd, Atascadero, CA 93422 APN 054-162-004 \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER: 4 DATE: 8-7-07 4. General Plan Designation: Rural Estate (RE) 5. Zoning District: Residential Suburban (RS) 6. Site Area: 7.13 acres gross 7. Existing Use: One existing residence 8. Environmental Status: Proposed Mitigated Negative Declaration posted July 17, 2007 — August 5, 2007 DISCUSSION: Site Descriation The site contains one existing residence on Santa Ana Road. Surrounding parcels are zoned Residential Suburban. The site is covered by Coastal Live Oaks, Valley Oaks, and Blue Oaks. The existing 7.13 acre parcel has an average slope of 30%. A steeply sloped hill is located at the center of the site. The areas near Santa Ana Road and the west side of the lot are relatively flat and have less tree coverage. A drainage swale is located at the northwest corner of the property. Existing residence on proposed Lot 2 \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc Hill at center of site Subdivision Design ITEM NUMBER: 4 DATE: 8-7-07 The proposed project contains a Tentative Parcel Map which proposes a two lot split in the Residential Suburban Zone. Lot sizes in the RS Zone range between 2 '/2 to 10 acres minimum, and are based on performance standards. Performance standards consider factors such as distance from the center of the community, septic suitability, average slope, and condition of the access. General neighborhood character is also a determining factor, which includes the average lot size of existing lots within a 1,500 foot radius. The applicant has submitted percolation testing which recommends a rate of 35 minutes per inch to be used to design the leach systems. Slope calculations for the proposed lots (Attachment #5) identify a 34% slope on Lot 1 and a 24% slope on Lot 2 (30% average slope of entire existing lot.) Using these factors, staff determined the minimum lot sizes of the proposed parcels based on performance standards (see Attachment #6.) Lot 1 is required to be at least 3.9 acres gross, and Lot 2 must be a minimum of 3.15 acres gross. Both lots meet the minimum acreage for a lot split, and are proposed at 3.97 and 3.15 gross acres each. Section 11-6.26 (Subdivision Design) of the Atascadero Municipal Code states specific requirements for flag lot subdivisions. The code states that "the accessway serving the flag lot shall not be included in the determination of required lot area for any lot." Therefore, while the RS Zone uses gross area to determine minimum lot size, the proposed parcels are required to meet the minimum lot size without including the area of the flag. Since the flag can not be counted in the lot size determination, the proposed Parcel Map needed to utilize as short of a flag as possible in order to have enough area to meet the minimum lot size determined by the performance standards. For this \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER: 4 DATE: 8-7-07 reason, proposed Lot 1 shows a flag on the east side of the parcel which connects Parcel 1 to Santa Ana Road. The gross area of Parcel 1 is proposed at 3.97. The gross area of Parcel 1 minus the area of the flag is 3.9 acres, which is the minimum lot size based on slope and other performance standards. Both lots therefore, meet the minimum size required by the Municipal Code. Due to the slope and the dense tree coverage on the east side of the lot, the actual access drive to Lot 1 is proposed to be located on the westerly portion of the site. The site is relatively flat in this area, with much less tree coverage. An access easement across Lot 2 would be recorded with the Final Map to allow access to Lot 1 at this location. In the past, the Planning Commission has approved projects which utilize access driveways located outside the flag in order to minimize impacts to the terrain and tree coverage. Proposed Parcel 2 contains one existing residence which is currently under construction for a remodel. The proposed improvements with this Parcel Map will be confined to Parcel 1 where a new single-family residence is proposed. Policy 5.2, Program 5 of Atascadero's General Plan states that "new lots with slope averaging 30% or greater are not permitted except when they contain building envelopes with less than 20% average slope (including driveways and leach fields.)" Since Lot 1 is proposed with a 34% slope, a building envelope has been included with the Tentative Parcel Map. A 1.13 acre building envelope is proposed on the west side of the lot with an average slope of 19%. The driveway, septic system, leach field, and building footprint are included in this building envelope, as required by the General Plan. The building envelope excludes the steeply sloped area at the center of site, and also excludes the drainage swale located in the north western portion of the lot. The building foot print on Parcel 1 is proposed to be located at the base of the hill towards the back of the building envelope. A 50 -foot setback shall be maintained from the drainage swale to the septic site, as required by the City Engineer. The applicant is also required to obtain permits or letters of no impact from Fish and Game and the Army Corps of Engineers prior to the issuance of building permits (Mitigation Measure 4.b.2.) The City currently does not have specific building setback requirements for significant drainage courses, and therefore setbacks for the proposed residence are to be determined by other regulatory agencies as needed. Mitigation Measures have been included in the proposed Mitigated Negative Declaration require the implementation of the hillside grading standards with the new residence. While the average slope of the proposed building envelope is under 20%, the actual footprint of the residence may be slightly steeper as it is proposed at the base of the hillside. Mitigation Measure 4.e.4 states that "grading on the hillside shall be minimized though the use of retaining walls, a stepped foundation to follow the natural slope of the hillside, or other system to minimize the area of impact." \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER: 4 DATE: 8-7-07 LOT 17 BLK 26 f Drainage 17 77 - Swale Swale Proposed Parcel 1: 3.97 acres gross 3.9 acres without flag 34% average slope 19% slope building envelope Proposed New�l ResidenceX����// _���\ 1 ••� 99 i, j� Flag VPN N ���/�//// ///W, % Access Easement to Parcel 1 r A— 3, 1 APN DI MSA Proposed Parcel 2: 3.15 acres gross 24% average slope 1 I ` Contains Existing Residence Z Existing 1 GRAPHIC SCALE Residence wF iM' Proposed Tentative Parcel Map 2006-0087 \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER: 4 DATE: 8-7-07 \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER: 4 DATE: 8-7-07 General Plan and Zoning Ordinance Compliance Staff has reviewed the project with the 2002 General Plan Land Use, Open Space, and Conservation Goals, Policies, and Programs and the Atascadero Municipal Code and has noted the following sections for reference: Municipal Code: 11-6.26 Subdivision Design; Flag lots (deep lot subdivisions (a) Flag lots may be approved for subdividing deep lots subject to the following findings: (1) The subdivision is consistent with the character of the immediate neighborhood; (2) The installation of a standard street, either alone or in conjunction with neighboring properties is not feasible; and (3) The flag lot is justified by topographical conditions. Such subdivisions shall conform with the following: (1) The accessway serving the flag lot(s) shall not be included in the determination of required lot area for any lot. (2) The original lot shall have frontage on a dedicated street. (3) The accessway to the rear shall be at least twenty (20) feet wide (developed to City standards) for residential zones, except where the accessway is more than one hundred fifty (150) feet long, it shall be at least twenty-four (24) feet wide with twenty (20) feet of pavement, unless otherwise approved by the Planning Commission. For all other zones, the accessway shall be at least thirty (30) feet wide with a paved roadway at least twenty-four (24) feet wide. (4) Each lot shall have yards as required by the zoning regulations, including a ten (10) foot setback along any accessway, whether easement or lot line. (5) The lot farthest from the street shall own the accessway in fee. Other lots using the accessway shall have an access and utility easement over it, unless otherwise approved by the advisory agency. General Plan: Goal LOC 5: Preserve the contours of the hills. Buildings built on hillsides shall conform to the topography using the slope of the land as the basis for the design of the structure. Policy 5.2 Program 5: New lots with slope averaging 30% or greater are not permitted except when they contain building envelopes with less than 20% average slope (including driveways and leach fields), and when the creation of such parcels includes an offer of public dedication or easement that would directly benefit City residents, and where native tree impacts are minimal. Policy 6.1 Program 5: Public and private development in close proximity to scenic and sensitive lands, including creek reservations, wooded areas, flood plains, prominent view sheds and historic sites shall be designed to minimize impacts. \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER: 4 DATE: 8-7-07 Policy 6.1 Program 6: Scenic and open space easements, parklands and open space dedications shall be required as mitigation for subdivisions and development projects that impact floodplains, creek reservations, wooded areas, scenic backdrops, sensitive areas, historic sites, cultural sites, and similar areas. Policy 7.1 Program 4: Require Lot Line Adjustments and Tentative Subdivision Maps on site with 25 percent or greater native tree canopy cover to establish locations of building sites, driveways and leach fields that will minimize native tree impacts. Native Trees The site is covered by Coast Live Oaks, Valley Oaks, and Blue Oaks. An Arborist Report has been provided which identifies native tree impacts. The project proposal includes the removal of 5 Blue Oaks (75" total DBH) for the construction of the new residence and driveway. An additional 4 native trees (68" total DBH) will be impacted 45%-50% and shall require mitigation deposits to ensure that the trees survive construction. Deposits 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 Fees: $1250 or replant 25 five -gallon native trees Evergreen Native Trees (inches) Deciduous Native Trees (inches) I Totals dbh notes dbh notes 1 1 13 BO #19 2 2 30 BO #20 3 3 11 BO # 21 4 4 15 BO #30 5 5 6 BO #31 Total 0 -inches Total 75 -inches 75 -inches Mitigation Requirement req'd tree replacements: 0 five gal trees req'd tree replacements: 25 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 25 five gal trees 25 five gal tr est Tree Fund Payment: $ Tree Fund Payment: $ 1,250.00 $ 1,250.00 ` i I \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER: 4 DATE: 8-7-07 Mitigation deposits for Trees impacted 45%-50%: $1,025 Evergreen Native Trees (inches) Deciduous Native Trees (inches) dbh notes dbh notes 1 13 -inches LO #10 1 16 BO #7 2 2 11 BO #8 3 3 28 VO #9 Total 13 -inches Total 55 -inches Mitigation Requirement req'd tree replacements: 2 five gal trees req'd tree replacements: 18 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 fifteen gal trees 0 fifteen gal trees 0 box trees (24") 0 box trees (24") Remaining Mitigation Tree Fund Payment: $ 2 five gal trees 108.33 Tree Preservation Easement Remaining Mitigation Tree Fund Payment: $ Totals 68 -inches 0 five gal trees 0 fifteen gal trees 0 box trees (24") 18 five gal trees 20 five gal trees 916.67 $ 1,025.00 ' A tree preservation easement is proposed as part of the subject lot split. Policy 5.2 Program 5 of the General Plan states that new lots with slope averaging 30% or greater are only permitted "when the creation of such parcels includes an offer of public dedication or easement that would directly benefit City residents, and where native tree impacts are minimal." In order to comply with this requirement, staff has asked the project arborist (A&T Arborists) to recommend an area for the tree preservation easement based on tree density and the species of trees. The arborist has recommended a location at the north east corner of the lot as a good candidate for a tree preservation easement. This area is very steeply sloped and is the most heavily wooded area on site. The overall site has a high concentration of both Coastal Live Oaks and Blue Oaks, as identified by the native tree mapping survey. The Tree Preservation Easement may substitute for a portion of the tree mitigation fees, subject to Planning Commission's discretion. The Planning Commission may choose to alter the size of the proposed easement to require either more or less area, as long as the easement satisfies the General Plan requirement discussed above. \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc Proposed Tree Preservation Easement ITEM NUMBER: 4 DATE: 8-7-07 PROPOSED LOT 2 ■ r9G' Y iY �.• a +r r m' aw r Y !F -►• �� �� LOT 4 SLK 27 t �• r - :�•' ` ATCOLONY AAO A33 ?� j • APN 1054-171x023 gART T. K€LTZ f• � ,.I " -� • � r � 70275 SANTA AHA. ROAD 1� a ` 1� �' r •/' •.l^-��. GRAPHIC SCALE }i • , _(' �r , +i fOQIM1'�VF lxscx�'u. - s aan f 4 <41 44, r 1 \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER: 4 DATE: 8-7-07 Environmental Review: A Proposed Mitigated Negative Declaration is attached to this report for the Planning Commission review. The Initial Study concluded there would be no significant harm to the environment as a result of this subdivision. A proposed Mitigated Negative Declaration has been prepared for the project and certification of the Mitigated Negative Declaration is included in draft Planning Commission Resolution 2007-0065. CONCLUSIONS: The subdivision is consistent with the 2002 General Plan and Zoning Ordinance. The parcel configurations are consistent with the Subdivision Ordinance requirements and consistent with the character of the immediate neighborhood. If approved, the project would allow for the construction of one additional single-family residence. Staff recommends the Planning Commission approve the Tentative Parcel Map as conditioned. ALTERNATIVES: 1. The Commission may approve the subdivision 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 subdivision if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. PREPARED BY: Callie Taylor, Assistant Planner ATTACHMENTS: Attachment 1 — Location Map (General Plan & Zoning) Attachment 2 — Proposed Mitigated Negative Declaration Attachment 3 — Arborist Report Attachment 4 — Arborist Recommended Tree Preservation Easement Attachment 5 — Slope Analysis Attachment 6 — Minimum Lot Size Attachment 7 — Draft Resolution PC 2007-0065 \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER: 4 DATE: 8-7-07 ATTACHMENT 1: Location Map (General Plan / Zoning) PLN 2006-1171/TPM 2006-0087 10270 Santa Ana Road Project Site General Plan Designation: Rural Estate (RE) Zoning District: Residential Suburban (RS) 2'/2 - 10 acre minimum lot size based on performance standards \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER DATE: 8-7-07 ATTACHMENT 2: Proposed Mitigated Negative Declaration See Following \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER: 4 DATE: 8-7-07 ATTACHMENT 3: Arborist Report A do T J RRORISTS P.O. BOX 1311 TEMPiLETON, CA 93465 (803) 434-0131 6-18-07 Kim Koch 1039 Whittier Blvd. La Habra, CA 90631 Re: Santa Ana Road Project This tree protection plan is in regard to the lot split located at APN 4054-162-004, 10270 Santa Ana Road in Atascadero, CA. The new lot will be a flag oriented lot passing through coast live oaks (Quercus mgr folia), blue oaks (Quercus d04914S")7 and valley oaks (Quercus lobos). Several trees will requite pruning for driveway access prior to any construction and they are all noted on the spreadsheet. Several trees appear to be in close proximity to the proposed driveway. There does not appear to be any cut or fill along side of the driveway although tree wells may be required at a later date if Eve feel the fill cannot be kept off of the trunks. Three trees will have to be removed for the driveway construction. An additional two trees were not on the plans, however they appear too close or within the over -excavation of the home. We feel they will also have to be removed. Total number of trees proposed for removal is 5 with a total diameter of 75 inches. There will be several required arborist monitoring visits for the impacted trees. Please refer to spreadsheet column #9 for applicable trees. Tree #29 is a large valley oak located north east of the proposed home. This particular tree has massive cavities and a hollow trunk and is very prone to failure. It appears the tree is not targeting the proposed home, however, windy conditions may change the target area. The utilities were not shown on the plans. Their trenches shall be outside of all the drip on measures will have to be developed. lines. if this is not feasible, additional mitigation Please refer to the standard mitigations listed below before planning the paths for the trenches. It is the responsibility of the owner to provide a copy of this tree protection plan to any and all contractors and subs that work within the drip line of any native tree. It is highly recommended that each contractor sign and acknowledge this tree protection plan. This project shall require an on-site pre -construction meeting with the city, owner, grading contractor and the arborist. Topics will include fencing, monitoring and requirements for a positive firm] occupancy letter. All trees potentially impacted by this project are numbered and identified on both the grading plan and the spreadsheet. Trees are numbered on the grading plans and in the field with an aluminum tag. Tree protection fencing is shown on the grading plan. In the field, trees to be saved have yellow tape and trees to be removed have red tape. Tree Rating System \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER: 4 DATE: 8-7-07 ATTACHMENT 3: Arborist Report A rating system of 1-10 was used for visually establishing the overall condition of each tree on the spreadsheet. The rating system is defined as follows: Ramat: Condition 0 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 detects 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. \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER: 4 DATE: 8-7-07 ATTACHMENT 3: Arborist Report 4. Trenching Within Drip Line: All trenching for foundations within the drip line of native trees shall be Land dug. All major roots shall be avoided whenever possible. All exposed roots larger than; 1 " in diameter shall be clean cut with sharp pruning toois 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 he re-covered the same day they were exposed. if they cannot, they must be covered with burlap or another suitable material and wetted down 2x per day until re -buried. 7• Paving Within The Drip Line: Pervious surfacing is preferred within the drip line of any native tree. This includes coring vertical tubing approximately 4 feet on center within the drip line and backfilling with Mychorizza, slow release fertilizer and pea gravel_ The driveway is sloping in areas near the trees so we feel pavers will not hold properly. Preferably, slight grading will take place and base material will pavers applied. 8. Equipment Operation: Vehicles and ail heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. Also there is to be no parking of equipment or personal vehicles in these areas. All areas behind fencing are off limits unless pre -approved by the arborist. 9. Existing Surfaces: The existing ground surface within the drip line of all native trees shall not be cut, filled, compacted or pared, unless shown on the grading plans and approved by the arborist. 10• Construction Materials And Waste: No liquid or solid construction waste shall be dumped on the ground within the drip line of any native tree. The drip line areas are not for storage of materials either. 11. Arborist Monitoring: An arborist shall be present for selected activities (trees identified on spreadsheet and items bulleted below). The monitoring does not necessarily have to be continuous but observational at times during these activities. It is the responsibility of the owner(s) or their designee to inform us prior to these events so we can make arrangements to be present. It is the responsibility of the owner to contrac (prior to construction) a locally licensed and insured arborist that will dot cument all monitoring activities. Pre -construction fence placement a any utility or drainage trenching within any drip line • All grayling and trenching near trees requiring monitoring on the spreadsheet \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER DATE: 8-7-07 ATTACHMENT 3: Arborist Report 12. Pre -Construction Meeting: An on-site pre -construction meeting with the Arborist(s), Owner(s), Planning Staff, and the earth moving team shall be required for this project. Prior to final occupancy, a letter from the arborist(s) shall be required verifying the health/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall verify that the arborist(s) were on site for all grading and/or trenching activity that encroached into the drip line of the selected native trees, and that all work done in these areas was completed to the standards set forth above. 13. Pruning: Class 4 pruning includes -Crown reduction pruning shall consist of reduction of tops, sides or individual limbs. A trained arborist shall perform all pruning. No pruning shall take more than 25% of the live crown of any native tree. Any trees that may need pruning for road/home clearance shall be pruned prior to any grading activities to avoid any branch tearing. 14. Landscape: All landscape under the drip -line shall be drought tolerant or native varieties. Lawns shall be avoided. All irrigation trenching shall be routed around drip lines; otherwise above ground drip -irrigation shall be used. It is the owner's responsibility to notify the landscape contractor regarding this mitigation. 15. Utility Placement: All utilities and sewer/storm drains shall be placed down the roads/driveways and when possible outside of the drip lines. The arborist shall supervise trenching within the drip line. All trenches in these areas shall be exposed by air spade or hand dug with utilities routed under/over the roots. Roots greater than 2 inches in diameter shall not be cut. 16. Fertilization and Cultural Practices: As the project moves toward completion, the arborist(s) may suggest either fertilization and/or mycorrhiza applications that will benefit tree health. 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 patty (owner of their designee) make copies of this report. Any reproduction by A & T Arborists or changes to this original report will require an additional charge. Please let us know if we can be of any future assistance to you for this project. Steven G. Alvarez Certified Arborist 4WC 0511 \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER: 4 DATE: 8-7-07 ATTACHMENT 3: Arborist Report \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc u p U 0 0 U U C C C U L) T— —j T— LU C3 = C M cz �. 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J J CC1 Cil U W W J � o LJ w ;mr cmC7 ass W N 04 M v yds to l- 00 as o \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc u ATTACHMENT 3: Arborist Report .72. H Lu W 2 a� W co Q_ U) Z 0 U W H 0 a a w Ln It M C4 V - ITEM NUMBER: 4 DATE: 8-7-07 \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc 0 0 W 0 0 N m U W U C cn W 0 ca W LL F- -a) cu N E Z ca '0 U 7. a) 0 O fl N ch tp : N Q E a s z N Z a' U a O � W cya C C C C C W ZJ 0Q a) ` Q U r C r U C U U U U U C7 a 0 U c c c c c c c E a) 0) a) w wv- �a 0 a 0) C 0 - 0) L 0) C 0 = •= C 0 C 0 C 0 C 0 C 0 0 m U g c c c c c c c W F - Z_ J U Q a c O o 0 0 0 0 0 0 0 0 0 0 0 0 0-2 C) O N N O 0 C) C) C) O LO to M oa �N U)D oQcCQ——Q-000��——— U ~ 0 W F WQ Z N N M LO N u') M N N N M M M 0 U Y = f� M Z Z)M 0 �— N d N N X— O N GO M CO f` _ X N N W u 0 00 00 0 0 0 0 0 000 0 0 0 W no i m J i m m J> m m m m m Qr w r N Mqd 0 to f- O O O V- N M q* LO Oil� co O O H \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc 0 0 W 0 0 N ATTACHMENT 3: Arborist Report: Tree Protection Plan PROPOSED SEPTIC TANK & �, L€ACHFIFLD AREA POTENTIAL TREE REMOVAL 04 TREES} PENDING FINAL DRIVEWAY ALIGNMENT STA 5+40 to 5+70 <2» DRYEWAT SLOPE (20' Pa.4)_ STA 4+88 to 5+40 13% DRIVEWAY SLOPE (20` paved)— STA 3+45 to 4+88 •-2%, :-IVEWAY SLOPE (20• 00ved) AC DIKE STA 3+78 PAVED FIRE TRUCK TURNAR041MD 15' % v'&• MLN PROPOSED PAVED OVERSIDE DRAIN WITH I RIP -RAP I STA 3+48 END 17%,' f DRIVEWAY SLOPE rn PROPOSED 100% LEACHFIELO 'ISION AREA, PUMP `.)'STEM REQUIRED 28 TQ 3+419 OF 17% MAX - 1 '0' WIDE, 16' 4' SHOULDER) _ f { zx4- EXISTING LEACP FIELI] . 100% EXPANSON AR9llA IS. } AC DIKE TREE ���di 3. 4 E�pE PINl�-a R 1 r 4�i ®. 72" TREE O^ DEC. SIETER ITEM NUMBER: 4 DATE: 8-7-07 DPe:E a4" fi.,9" QP y s. ��I .if Illll rD_ 14) -28 109. 0' WIDE, JULDER) 1+87 PE 6% - 14) TER TIERS & n�j GAS MAIN J ta" J} PROPOSED LOT 2 3 1 S AC CROS$ 1e 3 86 AC NET J0" - �3xS g4" - t2" 74. „j� 30, zb"STINGi a SEPTIC T ' & LEACH 49 FIELD AREA , HAVC AS METER shs7„C s �` L WATER MAIN \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc _ P110POSE0 90PLDIING SITE 0.63 •C... ..' ... .. _ \fit, PROPOSED RESIDENCE a�Frt rta LOCATION v. IE CON' PF.Ox1 AP --__- Jh.N SPA( EAEA' / ua,.cE�ures9 4• e s.r4' rix j u R T WALL PROPOSED LOT 1 398 Al. CROSS PROPOSED BIIILOIINC,. SRF 3 96 AC NET 0.83 ACNE, 1 .FRET WALL. DPe:E a4" fi.,9" QP y s. ��I .if Illll rD_ 14) -28 109. 0' WIDE, JULDER) 1+87 PE 6% - 14) TER TIERS & n�j GAS MAIN J ta" J} PROPOSED LOT 2 3 1 S AC CROS$ 1e 3 86 AC NET J0" - �3xS g4" - t2" 74. „j� 30, zb"STINGi a SEPTIC T ' & LEACH 49 FIELD AREA , HAVC AS METER shs7„C s �` L WATER MAIN \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER: 4 DATE: 8-7-07 ATTACHMENT 4: Arborist Recommended Tree Preservation Easement A & T ARBORISTS ��- P.O. BOX 1311 TEMPLETON, CA 93465 (805) 434-0131 — - - July 11, 2007 Callie Taylor AssistantPlanner City of Atascadero Re; LOT 5 BLK 27 ATASC. COLONY 3AC MB 33 APN 054-171-024 KIM KOCK Callie: Please see the attached plan. In my opinion the highest density of native trees for the two lots is highlighted. This area should be used to select the tree preservation area. Steven G. Alvarez Certified Arborist #WE -0511 A \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER: 4 DATE: 8-7-07 ATTACHMENT 4: Arborist Recommended Tree Preservation Easement L01 31 bLK Zb ,1.c 1 Proposed Tree _ Preservation Easement'`_`_ J / J PA6P05+=0 BWlO11ttiG F � � �' 14' PA14- fix,( / �/ �/. -� � `! ` - N�., r �' 9SpS ;� IJ� J ✓I' / ////r%I r' I R' 1 J a4r�c` 1¢6 RO[7C11 a xta iP t �• 1if ; e f PROPOSED LOT 2' 2A' I� 9e, q� LROSi 24 X, P/ Q) f theP Rotr OF e ROM PoSTJ 4' 6E •. 1411 l yy TREE pw '( LOT 4 BLK 27 s" •reT ATASC. COLONY '�'r �• +o' ,� 3AC MB 33 APN 054-171-023 Ile GARY T. KEL42 10275 SANTA ANA ROAD s r +LOT 5 BLK 27 { GRAPHIC SCALE ATASC. COLONY 1 e 3AC MB 33 APN 054-174-024 PATRICIA M. McNAMARA SDI lwb _r w IL P WAtER P 10305 SANTA ANA ROAD I t 1W CONTOURBftV.IL - & F887' \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER: 4 DATE: 8-7-07 ATTACHMENT 5: Slope Analysis Lot 1 J LI -28951 *(2)CONTOUR INTERVAL *.00229 / 3.9O(ACRES) = 347. SLOPI= Lot 1 (Contains new building envelope) 3.9 acre lot, 34% slope \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER: 4 DATE: 8-7-07 ATTACHMENT 5: Slope Analysis Lot 2 Lot 2 (Contains existing residence) 3.15 acre lot, 24% slope \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER: 4 DATE: 8-7-07 ATTACHMENT 5: Slope Analysis Building Envelope Lr=(4596) * (2)CONTOUR INTERVAL *.00229 / 1.13(ACRES) = 19% SLOPE Building envelope slope (Lot 1) 1.13 acre envelope, 19% slope \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER: 4 DATE: 8-7-07 ATTACHMENT 6: Minimum Lots Size Calculations Based on Performance Standards Lot 1 (Contains a building envelope for a new residence) Minimum Lot Size Criteria For the Residential Suburban Zone Address 10270 Santa .Ana Road Lot Size Factors AP\ 0-54-162-004 Lot Size (Proposed Lot 1) Contact 0-8,000=.20, 9-10,000=.25 10-12,000 =.30,12-14,000= .40, 14-16,000 = .50,16-18,000 = .60, Distance from Center of 18-20,000= .75, Community > 20,000 =.90 10.000 0.251 <20 min inch=.50 20-39 min inch=.'5 Septic Suitability (perk 40-59 min inch= 1.00 rate) > 60 min inch= 1.50 35 min/inch 0.-� 0-10"�o =.5, 11-200/o=.75, 21-25%=1.0, 26-30%=1.25, Average Slope 31- 35%=1.75, 36-40%= 2.00 34% City accepted road =.40 Paced road less than 15%=.40 Paved road more than 15%=.50 AIl weather less than 15% =.75 All weather more than 15%= 1.00 Unimproved less than 15%= 1.25 Access Condition Unimproved more than 15%= 1.5 0.4 lot sizes within 1.500' 71 Average Lot Size Within 1500 Feet (acres) 1 3.751 1 0.75 Minimum Lot Size= 3.900 \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER DATE: 8-7-07 ATTACHMENT 6: Minimum Lots Size Calculations Based on Performance Standards Lot 2 (Contains existing residence) Minimum Lot Size Criteria For the Residential Suburban Zone _address 10270 Santa :dna Road Lot Size Factors AP\ 054-162-004 Lot Size (Proposed Lot _') Contact 0-x,000 = .20, S-10,000=.25 10-12,000 =.30,12- 14:000= .40, 14-16,000 = .50,16-18,000 = .60, Distance from Center of 1 S-20,000= .75, Community > 20,000 = .90 10,000 0.? 5 <20 min inch=.50 20-39 min inch=.75 Septic Suitability (perk 40-59 min inch= 1.00 rate) > 60 min inch= 1.50 35 min/inch 0.-m; 0-100/o=.5, 11-200/o=.75, 21-25%=1.0, 26-30%=1.25, Average Slope 31- 35%=1.75, 36-40%= 2.00 2400 1 City accepted road =.40 Paved road less than 1500 =.40 Paved road more than 15° o =.50 All weather less than 151,0 = .._ All weather more than 15° o = 1.00 Unimproved less than 1500 = 1.25 Access Condition Unimproved more than 15° 0 = 1.5 0.4 lot sizes within 1,500' 71 Average Lot Size Within 1500 Feet (acres) 3.751 1 0.75 Minimum Lot Size= 3.1501 \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER: 4 DATE: 8-7-07 ATTACHMENT 7: Draft Resolution PC 2007-0065 TPM 2006-0087, 12070 Santa Ana Road DRAFT RESOLUTION NO. PC 2007-0065 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2006-1171 TENTATIVE PARCEL MAP 2006-0087 / TREE REMOVAL PERMIT 2007-0109 ESTABLISHING A SUBDIVISION OF ONE EXISTING RESIDENTIAL LOT INTO TWO PARCELS 10270 SANTA ANA ROAD (BALTES) WHEREAS, an application was received from Kim Koch, 1039 W. Whittier Blvd, La Habra, CA 90631 (Contact) and Sandi Baltes, 1014 Lockhaven, Brea, CA 92821 (Owner) for a Tentative Parcel Map to establish a subdivision of an existing 7.13 acre lot into two (2) lots containing 3.15 acres and 3.97 acres gross each; and, WHEREAS, the proposed project has a General Plan Designation of Rural Estate, minimum lot size 2 1/z to 10 acres and is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and, WHEREAS, the site is located in the Residential Suburban Zone, minimum lot size 2V2 to 10 acres which allows for the proposed use and density when certain findings are made; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0012 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 Tentative Parcel Map application on August 7, 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 Negative Declaration. The Planning Commission of the City of Atascadero, hereby certifies Mitigated Negative Declaration 2007-0012 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, \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER: 4 DATE: 8-7-07 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 approval of subdivision and flag lot design. The Planning Commission finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 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. The proposed subdivision design and type of improvements proposed will not cause serious public health problems. 8. The proposed subdivision will be accomplished without detriment to the adjacent properties. 9. The installation of a standard street, either alone or in conjunction with neighboring properties, is not feasible. 10. The flag lot is justified by topographical conditions. 11. The subdivision is consistent with the character of the immediate neighborhood. 12. The proposed accessway improvements meet the intent of the subdivision ordinance and are adequate for safe emergency vehicle access. SECTION 3. 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 tree eliminates all reasonable uses of the property; or • If saving the tree requires the removal of more desirable trees. \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER: 4 DATE: 8-7-07 SECTION 4. Approval. The Planning Commission does hereby approve PLN 2006- 1171, certifying the proposed Mitigated Negative Declaration 2007-0012, approving the removal of 5 Blue Oaks (75" total DBH), and approving Tentative Parcel Map 2006-0087, to establish a subdivision of an existing 7.13 gross acres into two (2) lots containing 3.15 and 3.97 acres gross each, subject to the following Conditions and Exhibits: EXHIBIT A: Mitigated Negative Declaration 2007-0012 EXHIBIT B: Conditions of Approval EXHIBIT C: Tentative Parcel Map 2006-0087 EXHIBIT D: Site Plan / Grading Plan EXHIBIT E: Tree Protection Plan & Tree Removal Mitigation Chart EXHIBIT F: Tree Preservation Easement On motion by Commissioner and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ADOPTED: /.I:Ri11_\V1917i CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER DATE: 8-7-07 EXHIBIT A: Proposed Mitigated Negative Declaration 2007-0012 PLN 2006-1171 See Following \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER DATE: 8-7-07 EXHIBIT B: Conditions of Approval / Mitigation Monitoring PLN 2006-1171 / TPM 2006-0087 / TRP 2007-0109 Conditions Of Approval Timing Responsibility Mitigation /Monitoring Measure PLN 2006-1171 / TPM 2006-0087 / TRP 2007-0109 PS: Planning Services Address: 10270 Santa Ana Road BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 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. Approval of this Tentative Parcel Map shall be valid for two years FM PS after its effective date. At the end of the period, the approval shall expire and become null and void unless a final map has been recorded or an extension of time is granted pursuant to a written request received prior to the expiration date. 3. 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, and/or (2) address a construction design issue that is not substantive to the Tentative Parcel Map. 4. A parcel map drawn in substantial conformance with the approved FM PS tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 5. The subdivider shall defend, indemnify, and hold harmless the City Ongoing CA of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 6. The parcel map shall be subject to additional fees for park or FM PS recreation purposes (QUIMBY Act) as required by City Ordinance. Project Planning Conditions 7. Each lot shall have yards as required by the zoning regulations, FM PS including a ten (10) foot setback along any accessway, whether easement or lot line. 8. Prior to issuance of construction permits all tree mitigation fees GP/BP PS and tree mitigation deposits shall be paid. Trees which are able to be saved during construction will be have deposits refunded one year after the completion of the construction, if an arborist report submitted to the City confirms that the trees are in good \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER DATE: 8-7-07 Conditions Of Approval Timing Responsibility Mitigation /Monitoring Measure PLN 2006-1171 / TPM 2006-0087 / TRP 2007-0109 PS: Planning Services Address: 10270 Santa Ana Road BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy health. 9. 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. 10. All utilities shall be located within roadways and driveways and GP/BP PS/BS outside the driplines of native trees. 11. A tree preservation easement shall be recorded with the final GP/BP PS/BS map. The area shall be as described in exhibit F, subject to Planning Commission digression. 12. An access easement shall be recorded over Parcel 2 in order to GP/BP PS/BS allow access to Parcel 1. The flag area on the East side of the lot shall not be used for access to the site. City Engineer Project Conditions 13. Per municipal code section 9-4.160, the applicant will be BP CE required to slurry seal Santa Ana Road across the frontage of the property to a width of 1/2 the street plus 10'. City Engineer Standard Conditions 14. In the event that the applicant bonds for the public improvements GP, BP CE required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 15. An engineer's estimate of probable cost shall be submitted for GP, BP CE review and approval by the City Engineer to determine the amount of the bond. 16. The Subdivision Improvement Agreement shall record concurrently FM CE with the Final Map. 17. A six (6) foot Public Utility Easement (PUE) shall be provided GP, BP CE contiguous to the property frontage. 18. The applicant shall acquire title interest in any off-site land that may GP, BP CE be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 19. Slope easements shall be obtained by the applicant as needed to GP, BP CE accommodate cut or fill slopes. \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER DATE: 8-7-07 Conditions Of Approval Timing Responsibility Mitigation /Monitoring Measure PLN 2006-1171 / TPM 2006-0087 / TRP 2007-0109 PS: Planning Services Address: 10270 Santa Ana Road BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 20. Drainage easements shall be obtained by the applicant as needed GP, BP CE to accommodate both public and private drainage facilities. 21. A preliminary subdivision guarantee shall be submitted for review in FM CE conjunction with the processing of the parcel map. 22. The final map shall be signed by the City Engineer prior to the map FM CE being placed on the agenda for City Council acceptance. 23. Prior to recording the parcel map, the applicant shall pay all FM CE outstanding plan check/inspection fees. 24. Prior to recording the map, the applicant shall bond for or complete FM CE all improvements required by these conditions of approval. 25. 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. 26. Prior to recording the parcel map, the applicant shall submit a map FM CE drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 27. All existing and proposed utility, pipeline, open space, or other FM CE easements are to be shown on the final/parcel map. If there are building or other restrictions related to the easements, they shall be noted on the final/parcel map. The applicant shall show all access restrictions on the final/parcel map. 28. Prior to recording the parcel map, the applicant shall have the map FM CE reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The 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 GP, BP CE plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER DATE: 8-7-07 Conditions Of Approval Timing Responsibility Mitigation /Monitoring Measure PLN 2006-1171 / TPM 2006-0087 / TRP 2007-0109 PS: Planning Services Address: 10270 Santa Ana Road BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 30. Submit calculations to support the design of any structures or GP, BP CE 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. Provide for the detention and metering out of developed storm GP, BP CE runoff so that it is equal to or less than undeveloped storm runoff. 32. Drainage basins shall be designed to desilt, detain and meter GP, BP CE storm flows as well as release them to natural runoff locations. 33. Show the method of dispersal at all pipe outlets. Include GP, BP CE specifications for size & type. 34. Show method of conduct to approved off-site drainage facilities. GP, BP CE 35. Concentrated drainage from off-site areas shall be conveyed GP, BP CE across the project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement cannot be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. 36. All public improvements shall be constructed in conformance with GP, BP CE the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer Mitigation Measures Mitigation Measure 3.b.1: The project shall be conditioned to comply GP BS, PS, CE 3.b.1 with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. 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 Techni ues \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER DATE: 8-7-07 Conditions Of Approval PLN 2006-1171 / TPM 2006-0087 / TRP 2007-0109 Address: 10270 Santa Ana 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 ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. ■ Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast -germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER DATE: 8-7-07 Conditions Of Approval Timing Responsibility Mitigation /Monitoring Measure PLN 2006-1171 / TPM 2006-0087 / TRP 2007-0109 PS: Planning Services Address: 10270 Santa Ana Road BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy clearance for finish grading of any structure. Mitigation Measure 3.b.2: The project shall be conditioned to comply BP, GP BS, PS, CE 3.b.2 with all applicable Air Pollution Control District mitigation measures for Naturally Occurring Asbestos. Under the ARB Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if NOA is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Mitigation Measure 4.b.1: All grading, structures, and septic BP, GP PS 4.b.1 systems shall maintain the minimum setback distance from the drainage swale as required by the Atascadero Municipal Code. Protective fencing shall be installed between the swale and the construction area prior to permit issuance. Mitigation Measure 4.b.2: Permits or letters of no impact shall be BP, GP PS 4.b.2 obtained from Fish & Game and Army Corps of Engineers and submitted to the City prior to building permit issuance. Any additional mitigation required by these agencies shall be identified prior to permit issuance. Mitigation Measure 4.e.1: The building permit site plan shall identify BP PS 4.e.1 all protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan. Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. Mitigation Measure 4.e.2: The developer shall contract with a BP PS 4.e.2 certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining an arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER DATE: 8-7-07 Conditions Of Approval Timing Responsibility Mitigation /Monitoring Measure PLN 2006-1171 / TPM 2006-0087 / TRP 2007-0109 PS: Planning Services Address: 10270 Santa Ana Road BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of 1/4 inch granite covered with one -inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one - foot by one -foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 4.e.3: Erosion control hydroseed/slope BP PS 4.e.3 stabilization shall consist of native species matching the existing plant species within the tributary stream. The seed and plant material shall not contain any introduced plant species. Mitigation Measure 4.e.4: The design and construction of the new BP, GP PS 4.e.4 single family residence on Parcel 1 shall comply with the City's hillside grading standards. Grading on the hillside shall be minimized though the use of retaining walls, a stepped foundation to follow the natural slope of the hillside, or other system to minimize the area of impact. Mitigation Measure 5.d. 1: Should any human remains be BP, GP PS 5.d.1 discovered on the property, all work on the project should stop and the 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. Mitigation Measure 6.b.1: The grading permit application plans shall BP, GP CE/PS 6.b.1 include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER DATE: 8-7-07 Conditions Of Approval Timing Responsibility Mitigation /Monitoring Measure PLN 2006-1171 / TPM 2006-0087 / TRP 2007-0109 PS: Planning Services Address: 10270 Santa Ana Road BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.b.2: All cut and fill slopes shall be BP CE/PS 6.b.2 hydroseeded with an appropriate erosion control method (erosion control blanket, hydro -mulch, or straw mulch appropriately anchored) immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6.c.1: A soils report shall be required to be BP CE/PS 6.c.1 submitted with a future building permit by the building department. Mitigation Measure 8.e.f.1: The developer is responsible for GP/BP CE 8.e.f.1 ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 8.e.f.2: A Stormwater Pollution Prevention Plan GP/BP CE 8.e.f.2 (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 11.d.1: All construction activities shall comply GP/BP PS/BS 11.d.1 with the City of Atascadero Noise Ordinance for hours of operation. \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER: 4 DATE: 8-7-07 EXHIBIT C: Tentative Parcel Map 2006-0087 (AT 06-0164) \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER: 4 DATE: 8-7-07 EXHIBIT D: Site Plan / Grading Plan \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc EXHIBIT E: Tree Protection Plan � dA4W p' PROPOSED rIq SEPTIC TANK & f AC DIKE LEACHFIZLD AREA A�p ,1R / If g;•9• POTENTIAL TREE REMOVAL (,4 TREES) E FINAL � •1O" T /f AAG LI DR11EWAi ALIGNMENT PROPOSED 100% LEACwF1ELD - yy� 12 5" $„ STA 5+40 to 5+70 Et: 3 1 S AC cpo$ti DRIVEWAY SLOPE (20' pawed) -- STA. 4+88 to 5+40 13% - - - OR1V•EWAy SLOPE (20' pawed) 10^ PROPOSED PAVED 9 ' STA 3+48 to 4+58 —2R l •� RIVEWAY SLOPE (20' uowea) ITEM NUMBER: 4 DATE: 8-7-07 Pa0pOSE050ILDIING S4TE - _ 0.63+(e,S PROF f.S4T [, ✓ -�� Pk I VIPFN SPA( El' 2 f rc[}T WAt.I PROPOSED 'LOT 1 9? ,I RiiSS PROPOSED BQILOIINC, SITE 3'16 AC NES y-0.83 ACfl85 i -- FRET WALL. \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc rIq AC DIKE p:tu u;t/ If g;•9• STA 3+76 PAVED FIRE -' � •1O" T TRUCE; TURNAROUND PROPOSED 100% LEACwF1ELD - yy� 12 5" $„ 46' MIN 3 1 S AC cpo$ti 3.1 VSION AREA, PUMP3 SYSTEM REQUIRED �'+28 ,� 10^ PROPOSED PAVED s OVERSIDE DRAIN VATH Er,43 O RIP -RAP STA 3+48 END 179. rr +`' 2.IF DRIVEWAY SLOPE e AC DIKE \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc rIq N 8'OI^y. R5.20- J PROP05ED LOT 2 PROPOSED 100% LEACwF1ELD 3 1 S AC cpo$ti VSION AREA, PUMP3 SYSTEM REQUIRED �'+28 ,� 86 AC NET Er,43 To 3+48 AC DIKE e - }' of17't MAX - _ 24" (20' WIDE. 16' 3 12- •. 4' SROULDER) 2x9^ ' EMEN'T I + � ` 24" r f BEGaN - EXISTING LEACH FIEL ' 100% EXPANSION AR.A ` 15- {, J'" NVE WAY tu 75' a 30" 20' 15TINC SEPTIC TA 15,• O f & LEACH :GIN FIELD AREA 14)7 - Tpg,ST RAVC T• ^ GAS 2 �\ METER. - -26 t09. 1`..} AC DIKE C)TREE rpnA 0' WIDE. 3" E.4'y+oER P) 6% 14 .5" 12' 7R£E C1Q, �PI1y� f C ELEC. 4D"Plg' M \\\\ FLS METER • 1g�p TER TIER dt` o - 10- , 7 703 N1V 1b WATER (w METERS WATER MAIN 1 1 !. _k't LiIf AIIf \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER: 4 DATE: 8-7-07 EXHIBIT E: Tree Removal Mitigation Chart Tree Removal Mitiaation Fees: $1250 or realant 25 five -gallon native trees Evergreen Native Trees (inches) Deciduous Native Trees (inches) Totals dbh notes dbh notes 1 1 13 BO #19 2 2 30 BO #20 3 3 11 BO # 21 4 4 15 BO #30 5 5 6 BO #31 Total 0 -inches Total 75 -inches 75 -inches Mitigation Requirement req'd tree replacements: 0 five gal trees req'd tree replacements: 25 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 25 five gal trees 25 five gal trees ` Tree Fund Payment: $ Tree Fund Payment: $ 1,250.04 $ 1,250.00 Deposit for Trees impacted 45%-50%: $1,025 Evergreen Native Trees (inches) Deciduous Native Trees (inches) Totals dbh notes dbh notes 1 13 -inches LO #10 1 16 BO #7 2 2 11 BO #8 3 3 28 VO #9 Total 13 -inches Total 55 -inches 68 -inches Mitigation Requirement req'd tree replacements: 2 five gal trees req'd tree replacements: 18 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") 5— Remaining Mitigation 2 five gal trees Remaining Mitigation 18 five gal trees o020 five gal trees Tree Fund Payment: $ 108.33 Tree Fund Payment: $ 916.67 $ 1,025.00 ' \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc ITEM NUMBER: 4 DATE: 8-7-07 EXHIBIT F: Tree Preservation Easement LU 1 5/ bLK 2b 11.00, NW02rW 541.14' (Rl) MR 1 Tree Preservation ` - Easement:`rrl 4sr ROCK L4 X, '48 if 24 I I y 1 it 1� PROPOSED LOT jjj���,,,// �• ��+,11 - e� �� t,� 3.16 ACGROSSKt i .y ------- 1 — RW a" a ROTI OF \ #D(1 .'as.sa• / `� RACK[ am r_4\ \ 1REE LUT 5 BLK 27 ATASC• COLONY 3AC MB 33 APN 054-171-024 PATRICIA M. MCNAMARA 10305 SANTA ANA ROAD M LOT 4 BLK 27 L ATASC. COLONY 3AC MB 33 APN 054-171-423 GARY T. KELTZ 10275 SANTA ANA ROAD GRAPHIC SCALE i e m m (wo] 1 lncn - 50 It COMWJ? !NTZRVAL + a ARST \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1171 Santa Ana Lot Split\PLN 2006-1171 staff report.doc