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HomeMy WebLinkAboutPC_2007-08-21_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, August 21, 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 21, 2007 Page 2 of 4 (All items on the consent calendar are considered to be routine and non -controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions.) 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON AUGUST 7, 2007 2. APPROVAL OF TIME EXTENSION ON TENTATIVE TRACT MAP 2005-0067 AND CONDITIONAL USE PERMIT 2005-0157, 1155 EL CAMINO REAL (WEHN GROUP, LLC) COMMUNITY DEVELOPMENT STAFF REPORTS 3. PLN 2007-1234, TREE REMOVAL PERMIT FOR 10200 W. FRONT Owner: Linda Kenyon, PO Box 3147, Atascadero, CA 93423 Certified Steven Alvarez, A&T Arborist, 1565 EI Camino Real, Atascadero, CA 93422 Arborist: Project Title: PLN 2007-1234/TRP 2007-0115 Tree Removal Project 10200 W. Front, Atascadero, CA 93422 Location: APN 056-162-048 (San Luis Obispo County) Project A request to remove one 36" Valley Oak tree that has been deemed dead by a Description: Certified Arborist. City of Atascadero Planning Commission Agenda PUBLIC HEARINGS Regular Meeting August 21, 2007 Page 3 of 4 (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name and address for the record and can address the Commission for five minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 4. PLN 2099-0351,5155 ESCARPA, AMENDMENT TO PARCEL MAP AND TREE REMOVAL PERMIT Applicant: Barak Miles, Geo -West Land Consultants, 5815 Traffic Way, Ste. B, Atascadero, CA 93422 Owners: Raymond Miles, 8105 San Clemente, Atascadero, CA 93422 Joshua Thus, 8823 Arcade Ave., Atascadero CA 93422 Project Title: Amendment to Tentative Parcel Map 2005-0072, Tree Removal Permit 2007-0113 Project 5155 Escarpa Ave., Atascadero, CA 93422 (San Luis Obispo County) APN 029-161-010 Location: Project Modification to the approved building envelope on Parcel 2 and 3 and modifications to the Conditions of Approval requiring stem wall construction for Parcel 2. Description: General Plan Designation: Single -Family Residential (SFR -Y) Zoning District: Residential Single -Family (RSF-Y) Proposed Consistent with previously certified Mitigated Negative Declaration for the Environmental Tentative Parcel Map. Determination: COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on September 4, 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 21, 2007 Page 4 of 4 City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m., at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall Annex business hours at the Community Development counter and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-5000, or the City Clerk's Office, (805) 461-5000. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Commission regarding the matter being considered to step up to the podium. If you wish to speak for, against, or comment in any way: • You must approach the podium and be recognized by the Chairperson • Give your name and address (not required) • Make your statement • All comments should be made to the Chairperson and Commission • All comments limited to 5 minutes (unless changed by the Commission) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at least 24 hours prior to the meeting. Access to hook up your laptop to the City's projector will be provided. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Chairperson before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "PUBLIC HEARINGS", the Chairperson will call for anyone from the audience having business with the Commission to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Commission's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Commission). CALL TO ORDER ITEM NUMBER: 1 DATE: 8-21-07 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, August 7, 2007 — 7:00 P.M. Chairperson O'Keefe called the meeting to order at 7:00 p.m. and Commissioner O'Grady led the Pledge of Allegiance. ROLL CALL Present: Commissioners Heatherington, Jack, Marks, O'Grady, Slane, Fonzi and Chairperson O'Keefe Absent: None Others Present: Recording Secretary Grace Pucci Staff Present: Community Development Director Warren Frace, Public Works Director / City Engineer Steve Kahn, Deputy Community Development Director Steve McHarris, Associate Planner Kerry Margason, and Assistant Planner Callie Taylor. Chairperson O'Keefe read the decorum guidelines PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA MOTION: By Commissioner Jack and seconded by Vice Chairperson Fonzi to approve the agenda. Motion passed 7:0 by a roll -call vote. PC Draft Minutes 08/07/07 Page 1 of 9 DISCLOSURE OF EX PARTE COMMUNICATIONS: Commissioner O'Grady stated he visited all sites, and spoke with Linda Kelts a neighbor to the Santa Ana project. Commissioner Jack stated he visited all sites. At one site he spoke briefly with a neighbor who did not give their name Vice Chairperson Fonzi stated she visited all sites but had no communication with anyone. Chairperson O'Keefe stated she sent an email to Steve Alvarez and dropped off the same email to Russ Thompson regarding the Portola site. She received a response from Steve Alvarez, but none from Russ Thompson. Commissioner Slane stated he received an email from Linda Kelts to which he did not respond and had no other contact with anyone. Commissioner Marks stated he visited all sites, talked to Linda Kelts regarding Agenda Item #4, and received an email from her. Commissioner Heatherington stated she went by all sites, and received email which did not have a name on it, but which she assumes came from Linda Kelts, to which she did not respond. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JULY 17, 2007. MOTION: By Commissioner O'Grady and seconded by Commissioner Jack to approve Item #1. Motion passed 7:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS PC Draft Minutes 08/07/07 Page 2 of 9 PUBLIC HEARINGS 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: Associate Planner Kerry Margason gave the staff report and with City Engineer Steve Kahn answered questions of the Commission. PUBLIC COMMENT Russ Thompson, applicant's representative, spoke about the project and the care the applicant has taken through the years to preserve the trees on the property. Mr. Thompson answered questions of the Commission. Chairperson O'Keefe closed the Public Comment period. Commissioner comments: Commissioner Slane: 1. The applicant has been a resident for a number of years and has been very protective of the trees and surrounding environment. 2. He has no problem with the property split when the flag lot ordinance is considered. 3. The applicant meets the minimum requirement if taken on the gross. 4. Applicant is meeting the spirit of the ordinance. 5. Must be cautious because other neighbors may want to do the same and not meet the 1.5 minimum. Commissioner Marks: 1. Was concerned with the non -permitted ag building. PC Draft Minutes 08/07/07 Page 3 of 9 Commissioner O'Grady: 1. Expressed concern with the finding that the intent and purpose of the PD -16 Overlay includes providing relief from the City's Subdivision Ordinance regulating flag lots. 2. Would like any findings made tonight to be specific to this project so there could be no misunderstandings in the future regarding actions taken by prior Commissions. Vice Chairperson Fonzi: 1. The applicant has made a strong effort to meet the standards, and is within inches of making this an allowable use. 2. Important for the Commission to comply with the letter of the law with compassion and judgment. 3. This project is not creating a precedent that could be used in other areas. 4. 50% offered for open space is a sizable amount for public benefit. 5. There are smaller lots in the area and this project is in compliance with the general feel of the area, and not out of place. Commissioner Heatherington: 1. Was concerned because part of the open space easement is going to be the leach field and septic system for one of the developed lots. 2. She could only go along with this if it is conditioned without second units. Chairperson O'Keefe: 1. This does not meet the PD -16 requirements as the purpose is to allow the creative clustering of residential parcels, and this is not creative clustering. 2. Does not meet the flag lot requirements. 3. Does not meet the General Plan requirements regarding being surrounded by non -conforming parcels. There are a lot of smaller parcels there, but in the past there have been many decisions that did not follow the ordinances. 4. She cannot make the findings that are required that the intent and purpose of the PD -16 Overlay includes providing relief from the City's Subdivision Ordinance, that modification of the three -to -one depth -to -width ratio is necessary, and that the proposed parcel 2 will also exceed the three -to -one. MOTION: By Commissioner O'Grady and seconded by Chairperson O'Keefe to deny the project. Motion passed 5:2 by a roll -call vote. (Slane, Fonzi opposed) Commissioner Slane stated for the record that he did not believe the spirit of the law is being met, and that the 3.0 on the lots has been met on the split if the flag lot is included and that was the intent of past Commissions. Vice Chairperson Fonzi stated for the record that she agrees this is not meeting the spirit of the law. PC Draft Minutes 08/07/07 Page 4 of 9 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 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, however, was never constructed. The amendment proposes to replace an existing outdoor storage area with a new structure, consistent with the surrounding commercial park. General Plan Designation: Commercial Park (CPK) 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: Assistant Planner Callie Taylor gave the staff report and with City Engineer Steve Kahn answered questions of the Commission. PUBLIC COMMENT Joe Elkins, applicant's representative, spoke about the project, which he designed, and answered questions of the Commission. Chairperson O'Keefe closed the Public Comment period. Staff requested that Condition No. 1 include a higher standard for the fence to be compliant with the current code for the CPK zone. PUBLIC COMMENT Joe Elkins responded to the request for a different fence stating that all other properties along the freeway have a chain link fence. He stated the owner proposes a chain link fence with slats, and he does not believe a wrought iron fence would be appropriate at this location as it is below the freeway and the public would not see it. Chairperson O'Keefe closed the Public Comment period. MOTION: By Commissioner Heatherington and seconded by Vice Chairperson Fonzi to adopt Resolution PC 2007-0066 approving PLN 2007-1192 based on findings and subject to Conditions of Approval, and adding the condition that there PC Draft Minutes 08/07/07 Page 5 of 9 will be buffer landscaping between the fence and the parking spaces at the rear of the lot, and that the fencing will be compliant with current regulations. Motion passed 7:0 by a roll -call vote. 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. Assistant Planner Callie Taylor gave the staff report and answered questions of the Commission. Commissioner O'Grady stated for the record that he lives in Long Valley, that this is part of that subdivision, but that he lives miles away from the project. City Engineer Steve Kahn suggested changing from the Army Corps of Engineers to the Regional Water Quality Board in the condition for review of the setbacks from the septic system. PUBLIC COMMENT Kim Koch, applicant's representative, spoke about the applicant's goal for the property, and stated they want to do a quality development and have abided by all guidelines put forth by the City. Mr. Koch answered questions of the Commission. Lena Ellison stated she borders the property in question, explained that the Swale is not dry most of the year, and asked the Commission to hold off approving this project until PC Draft Minutes 08/07/07 Page 6 of 9 several issues have been addressed. Those issues were submitted in written form to the Commission. (Exhibit A) Ms. Ellison also read a letter into the record from neighbors Will and Maxine Richison objecting to the lot split due to drainage issues with the septic system. (Exhibit B) Linda Kelts expressed her concerns with this site including trash, garbage, and roofing paper strung across her property, grading done to date, inconsistencies with the actual building site, possible further splitting of the back lot, and water quality in light of the septic systems. Sheri Hafer stated she was concerned with crowding on the lot which would not be in character with the rest of the neighborhood, the length of time the current construction is taking, trash on the site, removal of several oak trees and additional impacts to the trees from the proposed road, that the house will be located too near a large oak tree a pond and the creek, excessive grading, the septic system, and the use of a large retaining wall that may affect the pond. Robin Bohen commented that she lives three houses away from this house and was told when she purchased her home that all houses in the area would have large lots that could never be subdivided, and she is concerned that this would start a trend of breaking up larger lots. She wants to preserve having a natural area around her home. Kim Koch expressed his agreement with much of what the previous speakers said. He explained the reasons that the pace of construction has not been maintained and anticipated completion of construction in the next three to four months. Sandi Baltes, owner and applicant, explained that she hopes to move here for her retirement, and reassured those present that she would do nothing to hurt the area. She wants this project to work and will do all she can to keep the area beautiful. Chairperson O'Keefe closed the Public Comment period. Commissioner comments: Chairperson O'Keefe was concerned that there could be two additional units built on this along with the fact that this seems to be a major drainage area with an amount of water greater than had been thought. Commissioner Marks commented that there were some very strong site limitations, especially the swale and water course, and the proposed primary septic system, which does not appear to be legal. Commissioner O'Grady stated that upon looking at the findings he cannot agree that the subdivision is consistent with the character of the immediate neighborhood nor does he believe that the proposed accessway improvements meet the letter of the Subdivision Ordinance. PC Draft Minutes 08/07/07 Page 7 of 9 Chairperson O'Keefe explained she had a problem with the addition of the flag lot to meet the minimum lot size requirements and which created a strange configuration, that second units could be built, that there is a lot of water in the area, and that there is a lack of compatibility with the neighborhood. Due to Commission concerns, a straw vote was taken on approval of the project. Commissioner Heatherington — No. Due to problems with the configuration of the lot in an area that is over five acres for the norm, and with the swale and drainage areas. Additionally second units in this area would make her vote for denial. Commissioner Marks — No. He is uncomfortable with the septic setup, site limitations, and putting a larger house on small building pad which would create a bigger impact. A second unit on the site would work but not a full residence. Commissioner Slane — No. As it is proposed at this point, he believes is it not consistent with neighborhood. Vice Chairperson Fonzi — No. She did not have enough information about the drainage area. Commissioner Jack — No. The new information received made him want more information. Commissioner O'Grady — No. For the reasons he previously articulated Chairperson O'Keefe — No. MOTION: By Commissioner Heatherington and seconded by Commissioner O'Grady to deny the project because of the irregular shape of the proposed subdivision and because the following findings could not be met: ■ No. 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. ■ No. 8. The proposed subdivision will be accomplished without detriment to the adjacent properties. ■ No. 10. The flag lot is justified by topographical conditions. ■ No. 11. The subdivision is consistent with the character of the immediate neighborhood. ■ No. 12. The proposed accessway improvements meet the intent of the subdivision ordinance and are adequate for safe emergency vehicle access. Motion passed 5:0 by a roll -call vote. PC Draft Minutes 08/07/07 Page 8 of 9 COMMISSIONER COMMENTS AND REPORTS Commissioner O'Grady referred to a tree removal approved by the Commission several months ago and expressed concern regarding the debris left behind. He suggested that some strict standards applicable to tree removals be implemented, for example that the stump is cut below grade shortly after removal and that no piles of woodchips are left. Community Development Director Warren Frace commented that there is nothing in the Tree Ordinance that deals with how to remove the tree and that's why staff is reluctant to add it as a standard condition, but it could be added as a condition by the Commission. Chairperson O'Keefe suggested handling this issue on a site by site basis. Commissioner Heatherington thanked staff because she has noticed that some of the banners around town have disappeared. DIRECTOR'S REPORT Director Frace reminded the Commission that the meeting between the Mayor, Mayor Pro Tem, and chairs and vice chairs of the two Commissions will be held on August 13th. Director Frace reviewed the agenda for the next Planning Commission meeting. Public Works Director Steve Kahn announced that the July 31St special meeting which was cancelled has been rescheduled for September 11th, and encouraged everyone to attend the "Just Listening" program on August 14th and 15th. ADJOURNMENT Chairperson O'Keefe adjourned the meeting at 9:31 p.m. to the next regularly scheduled meeting of the Planning Commission on August 21, 2007. MINUTES PREPARED BY: Grace Pucci, Recording Secretary The following exhibits are available for review in the Community Development Department: Exhibit A — Lena Ellison, written statement of concerns Exhibit B — Will and Maxine Richison, letter PC Draft Minutes 08/07/07 Page 9 of 9 ITEM NUMBER: 2 DATE: 8-21-07 Planning Commission Staff Report Consent Agenda Time Extension TTM 2005-0067 1155 EI Camino Real (Wehn Group) SUBJECT: Consideration of a one-year time extension for Tentative Tract Map 2005-0067. RECOMMENDATION: Staff Recommends: Adopt Resolution PC 2007-0071, thereby approving a one-year Time Extension of Tentative Tract Map 2005-0067 in compliance with Sections 11-4.23(a) and 11-4.33(b) of the Subdivision Ordinance. SITUATION AND FACTS: 1. Owner: Wehn Group, LLC 934 Sycamore Canyon Road Paso Robles, CA 93446 2. Project Address: 1155 EI Camino Real, Atascadero, CA 93422 APN: 049-042-018 3. General Plan Designation: High Density Residential (HDR) 4. Zoning District: Residential Multi -Family (RMF -16) 5. Site Area: 5.54 acres 6. Existing Use: Vacant 7. Environmental Status: Certified Mitigated Negative Declaration 2005-0028 DISCUSSION: Background: A proposed subdivision of a 5.54 acre lot into 62 small residential lots with park areas and detention basins. The property will utilize the City's wastewater facilities and Atascadero Mutual Water Company will provide water services. Analysis. The Subdivision Map Act mandates an initial two-year life and, by local ordinance, the City can extend initial life up to an additional 12 months. Additionally, the City may extend the time at which the map expires for a period or periods not to exceed a total of five years (these are discretionary extensions). The application for the extension must be filed prior to the expiration date. The Planning Commission has discretion on whether they want to extend the map, or they can defer the decision to the City Council. The Planning Commission may add or modify any conditions of approval, prior to granting the Time Extension, to ensure the project remains consistent with updated ordinances and policy. Staff is not recommending any modifications with this Time Extension. Map History: Approval Expiration Original Approval August 9, 2005 August 9, 2007 Time Extension August 9, 2007 August 9, 2008 CONCLUSION: The City Council found the proposed subdivision map, as conditioned, is consistent with the 2002 General Plan and Zoning Ordinance and the lot configurations are consistent with the requirements of the Subdivision Ordinance. Staff recommends the Planning Commission approve the Time Extension as requested. ALTERNATIVES: 1. The Commission may approve the Time Extension subject to additional or revised project conditions. 2. The Commission may deny the Time Extension if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. PREPARED BY: Scott Kaiser, Planning Intern ATTACHMENTS: Attachment 1 -- Location Map (General Plan & Zoning) Attachment 2 — TTM 2005-0067 Attachment 3 — Conditions of Approval/Mitigation Monitoring Program Attachment 4 — Draft Resolution 2007-0071 ATTACHMENT 1: Location Map (General Plan / Zoning) TTM 2005-0067 1155 EI Camino Real Zoning District: Residential Multi Family (RMF -16) Land Use Designation: High Density Residential (HDR) ATTACHMENT 2: TTM 2005-0067 1155 EI Camino Real RECEIVED ZCH 2005-0099 MAR ;3 0 2005 CUP 2005-0157 TTM 2005-0067 COMMUNITY DEVELOPMENT :rr i UFSfF'' it Ir II F - I�t! it$ir� t r° ! e Pr. •F i � [ � IFF 1 111 � I r ��' ' I II=S P:PI,Irr = j °=I 6lI1 rr 1 Fl Tyre ; eyyrF$:° LU r LU r. F 1 I� I i$ 7IIrl ii$I3Is8i$oP LU H 0 �� iQfQQQQQQ } CEI �G� iIQQOff I�GOEiI�� E�9E I BeE� IQ Ell 11111 IO�L�I�L�6C�111 '�iQl➢If1i11QQQQQ11111 1111QIpICQIICll00111 G56C �t~��66�fQQf �7C:�CG:�G66�666�a6k� 66C66000GGG611ii ESE@I:Illi l :rr i UFSfF'' it Ir II F - I�t! it$ir� t r° ! e Pr. •F i � [ � IFF 1 111 � I r ��' ' I II=S P:PI,Irr = j °=I 6lI1 rr 1 Fl Tyre ; eyyrF$:° €1r4 M01-31F�� €It ilF1 r.t 1 F 1�prI rt r. F F� gg I F 1 1� pgP ' r•� 11[ �'f4�4[I ���1 rlpe $$ i rl1`i1ki; I[ r�P [IFp1f=$$!F I� I i$ 7IIrl ii$I3Is8i$oP ATTACHMENT 3: Conditions of Approval/Mitigation Monitoring Program TTM 2005-0067 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 1155 El Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department CUP 2005-0157/ZCH 2005-0099 BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO:TemporaryOccupancy WW: Wastewater FM:: Final Map CA: City Attorney F0: Final Occupancy Planning Services 1. The approval of this use permit shall become final and PS effective following City Council approval. 2. Approval of this Master Plan of Development shall be valid FM PS concurrently with the life of Tentative Tract Map 2001-0011 and then indefinitely following final map. The Master Plan of Development approval shall expire and become null and void unless a final map is recorded consistent with the Master Plan of Development. 3. Changes to the Master Plan of Development shall be On-going PS approved by the Planning Commission and do not require Council action. 4. The Community Development Department shall have the BP / FM PS authority to approve the following minor changes to the project the (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps. 5. All subsequent Tentative Tract Maps and construction BP/FM PS permits shall be consistent with the Master Plan of Development contained herein. 6. All exterior elevations, finish materials and colors shall be BP PS consistent with the Master Plan of Development as shown in Exhibit F and Exhibit G with the following modifications: a. Each front elevation and entire side elevations (lots 1 & 6) visible from Tecorida Avenue shall incorporate an applied masonry material such as brick or stone along the lower building base, subject to staff approval. This treatment shall return along side elevations to a logical terminus point such as a side yard fence, chimney or doorway. b. Front entry porch columns on each elevation shall be further detailed with use of applied masonry material such as brick or stone. The use of wood timbers may also be incorporated into the column design as appropriate, subject to staff approval. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 1155 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department CUP 2005-0157/ZCH 2005-0099 BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO:TemporaryOccupancy WW: Wastewater FM:: Final Map CA: City Attorney F0: Final Occupancy c. Each house shall incorporate the use of double or single hung windows, transom windows, and window shutters, subject to staff approval. d. The garage door color of each new home shall match the house body color. 7. All site development shall be consistent with the maximum BP/FM PS intensities described in the statistical project summary as shown on Exhibit C. 8. All site work, grading and site improvements shall be BP/FM PS consistent with the Master Plan of Development as shown in Exhibits D and E. 9. Native oaks trees shall be preserved and protected during BP PS construction unless approved for removal. Tree protection shall be in place prior to the issuance of any construction permits and the arborist shall be under contract to monitor tree protection. 10. A final landscape and irrigation plan shall be approved BP PS prior to the issuance of building permits and included as part of site improvement plan consistent with EXHIBIT D. All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. Trash/recycle container areas shall be screened with fencing or landscape. All front yards and areas between Tecorida Avenue and lots 1 and 6 shall be landscaped by the developer. All landscape maintenance shall be the responsibility of the individual property owner. The five front yard trees shall be 24 -inch box native trees. In addition, two additional 15 -gallon trees shall be planted along Tecorida Avenue and four additional 15 -gallon native sycamore trees be planted between the creek and the private driveway between lot 4 and 5. 11. All project fencing shall be installed consistent with BP PS EXHIBIT D subject to the following modifications. a. The yards adjacent to Tecorida Avenue shall not be enclosed with any fencing which exceeds 3 -feet in height. b. No fences in the rear yards adjoining the on-site creek shall exceed 3 -feet in height. c. The design of all fencing shall be compatible with the Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 1155 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department CUP 2005-0157/ZCH 2005-0099 BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO:TemporaryOccupancy WW: Wastewater FM:: Final Map CA: City Attorney F0: Final Occupancy overall project design, subject to staff approval 12. Retaining wall design & material shall match or compliment GP PS the texture and color of the primary residence. In addition, BP the retaining wall located within the front yard of lots 3 and 4 shall be rounded or angled back toward lot 4, subject to staff approval. 13. Provisions for on-site circulation reciprocal access between GP PS the adjacent westerly property shall be required at the BP location identified on the site plan. 14. Apply the following tree mitigation: (Mitigation Fee GP PS Table) 15. Affordable Housing Requirement: The applicant shall deed restrict a minimum of 1 residential unit for 30 years at the moderate -income level or pay in -lieu fees based on 5% of the construction valuation of all 6 units, prior to or concurrently with the final map Workforce Housing: Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve 1/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions a) The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers. b) The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero. c) The Atascadero resident or worker restriction shall apply to the initial sale only. d) The applicant shall identify which units will be reserved. The City Attorney shall approve the final form of the agreement.. Building Services FM, BP PS, CE 16. A soils investigation prepared by a licensed Geotechnical Engineer is to be provided for the project. The report is to be provided at the time of building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 1155 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department CUP 2005-0157/ZCH 2005-0099 BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO:TemporaryOccupancy WW: Wastewater FM:: Final Map CA: City Attorney F0: Final Occupancy incorporated into the project plans. Fire Marshal BP FM 17. Dimension the width of driveway. A minimum 16' paved with 20' total width access with a minimum head clearance of 13'-6" is to be provided to each building location. Access drives with slopes less than 12% are to have an all-weather surface. Access drives with slopes equal to or greater than 12% are to be paved. 18. Show location of existing and any proposed fire BP BS hydrants. As presented, the project requires one fire hydrant located within 250 feet of any point along the front property boundary. 19. Provide a letter from the Atascadero Mutual Water BP BS Company stating the minimum expected water available to the site. Amount available must meet min. requirement specified in the California Fire Code. 20. Note approved address signage is to be provided. BP BS 21. Note on plans that fire lanes shall be delineated to BP BS restrict parking as required by the Fire Authority. 22. Access drive, where it bridges the creek way, is to be BP BS designed and maintained to the satisfaction of the Public Works department to support a minimum 40,000 Ib. Imposed load at 25 miles per hour for fire apparatus. City Engineer BP BS Standard Conditions 23. Public frontage improvements, driveway plans, and on-site grading and drainage plans shall be produced by a registered civil engineer. The plans shall be in the form required in the City of Atascadero Engineering Standards. The plans will be reviewed and approved by the City Engineer. 24. All public improvements shall be constructed in GP, BP CE conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 25. The applicant shall enter into a Plan Check & GP, BP CE Inspection agreement with the City. 26. The applicant shall be responsible for the protection, GP, BP CE relocation and/or alteration of existing utilities. 27. The applicant shall install all new utilities (water, gas, GP, BP CE electric, cable TV and telephone) underground. 28. The applicant shall monument all property corners for GP, BP CE construction control and shall promptly replace them if disturbed. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 1155 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department CUP 2005-0157/ZCH 2005-0099 BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO:TemporaryOccupancy WW: Wastewater FM:: Final Map CA: City Attorney F0: Final Occupancy 29. Prior to issuance of building permits, the applicant GP, BP 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. 30. Prior to the final inspection, all outstanding plan check GP, BP CE and inspection fees shall be paid. 31. Prior to the final inspection, the applicant shall submit GP, BP CE a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC). 32. Prior to recording the Tract Map, the applicant shall GP, BP CE submit a map 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. 33. In the event that the applicant is allowed to bond for GP, BP CE any public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 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. The Subdivision Improvement Agreement shall record concurrently with the Final Map. 34. A preliminary subdivision guarantee shall be GP, BP CE submitted for review in conjunction with the processing of the Tract Map. 35. The final map shall be signed by the City Engineer GP, BP CE prior to the map being placed on the agenda for City Council acceptance. 36. Prior to recording the Tract Map, the applicant shall GP, BP CE pay all outstanding plan check/inspection fees. 37. Prior to recording the Tract Map, the applicant shall GP, BP CE set 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. 38. All existing and proposed utility, pipeline, open space, GP, BP CE or other easements are to be shown on the Tract Map. If there are building or other restrictions related to the easements, they shall be noted on the final/parcel map. The applicant shall show all access restrictions on the final/parcel map. 39. Prior to recording the parcel map, the applicant shall GP, BP CE have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 1155 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department CUP 2005-0157/ZCH 2005-0099 BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO:TemporaryOccupancy WW: Wastewater FM:: Final Map CA: City Attorney F0: Final Occupancy applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 40. Prior to the issuance of building permits the applicant GP, BP CE shall submit 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. City Engineer GP, BP CE Site Specific Conditions 41. This project is required to pave Tecorida Ave, with Curb, Gutter and sidewalk on the east side, from the end of the existing paving on the south side of the project to the end of the existing paving (at the barricade) for orderly development and traffic circulation. The length of this paving is approximately 128 feet. A 5 -foot offer of dedication shall be provided to accommodate such improvements and shall be recorded on the final map. 42. Frontage improvements required are curb, gutter, and GP, BP CE sidewalk on the east side of Tecorida Ave and concrete drive approach or concrete cross gutter at the driveway to allow the drainage to be conveyed down Tecorida. 43. Public Sanitary Sewer shall be extended from GP, BP CE property line to property line. 44. Final project inspection shall be contingent upon GP, BP CE completion of the public sewer extension and Public Works final inspection. A City of Atascadero Sewer Extension Performance Agreement shall be executed. 45. Applicant shall pay sewer Extension Fees for five (5) GP, BP CE newly created lots and Connection fees upon issuance of building permit. Sewer connection permits shall be issued separately from building permit after public sewer extension has been completed and has received a satisfactory final Public Works inspection. Each building shall be separately and independently connected with the public sewer. A backflow valve shall protect sewer piping serving fixtures which have flood level rims located below the elevation of the next upstream manhole or cleanout cover. Atascadero Mutual Water Company GP, BP CE 46. Prior to recordation of the final map, the applicant shall submit plans for review and approval by AMWC for all existing and proposed water distribution facilities that provide water service to the proposed lots. All new water distribution facilities shall be Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 1155 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department CUP 2005-0157/ZCH 2005-0099 BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO:TemporaryOccupancy WW: Wastewater FM:: Final Map CA: City Attorney F0: Final Occupancy constructed in conformance with Atascadero Mutual Water Company Standards. 47. Prior to the issuance of building permits, the applicant GP, BP CE shall obtain a "Will Serve" letter from the Atascadero Mutual Water Company for the newly created lots. 48. Prior to the start of construction, the applicant shall GP, BP CE pay all installation and connection fees required by the Atascadero Mutual Water Company, or enter in to a "deferred connection" agreement. 49. Private easements may be needed for the private GP, BP CE water service lines that serve parcels which do not front on Tecorida Road. 50. Water meters located on Tecorida Ave for Lots 1 and GP, BP CE 6 are in acceptable location. Meters for newly created Lots 3, 4 & 5 need to be located on frontage of road at Tecorida Ave and private utility easements provided for private service lines to parcels. Mitigation Measures GP, BP CE Mitigation Measure 1.c.1: All lighting shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 30-feet in height, limit intensity to 2.0 foot candles at ingress /egress, and otherwise 0.6 foot candle minimum to 1.0 maximum in parking areas. Fixtures shall be shield cut-off type. Mitigation Measure 1.c.2: The project landscape shall include BP PS 1.0 requiring one 24-inch box sized tree within the front yard of each new residence. Mitigation Measure 3.b: The project shall be conditioned to BP PS 1.c.2 comply with all applicable District regulations pertaining to the control of fugitive dust (PM-10) as contained in section 6.4 of the Air Quality Handbook. All site grading and demolition plans notes shall list the following regulations: A. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage, preferably in the late morning and after work is finished for the day. B. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e. greater than 20 mph averaged over one hour) so as to prevent excessive amounts of dust. C. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. D. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. E. Permanent dust control measured identified in the approved project reve etation and landscape plans shall Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 1155 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department CUP 2005-0157/ZCH 2005-0099 BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO:TemporaryOccupancy WW: Wastewater FM:: Final Map CA: City Attorney F0: Final Occupancy be implemented as soon as possible following completion of any soil disturbing activities. F. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast -germinating native grass seed and watered until vegetation becomes established. G. All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods in advance by the APCD. H. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible. In addition, structural foundations shall be completed as soon as possible following building pad construction. I. On-site vehicle speed shall be limited to 15 mph for any unpaved surface. J. All unpaved areas with vehicle traffic shall be watered at least twice per day, using non -potable water. K. Streets adjacent to the project site shall be swept daily to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust from leaving the site. L. Wheel washers may be required when significant offsite import or export of fill is involved. M. Large canopy shade trees shall be provided along street frontages and within parking areas to shade paved areas and minimize urban heat build-up. Mitigation Measure 4.b.1: The proposed creek bridge shall be BP BS 3.b supported by city -approved caissons. Caisson locations shall be tested prior to drilling to insure that no major roots are damaged. Adjacent trees shall have tree trunk protection (2"x4"x8' boards wired together and secured around the tree trunk prior to bridge construction). Mitigation Measure 4.b.2: As recommended by California BP, GP PS 4.b.1 Department of Fish & Game Notification R3-2001-0171: ■ All work in the stream shall be confined to June 15 to October 15. ■ No equipment will be operated in live (wet) stream channels. ■ Any runoff during construction shall be diverted so as not to enter the stream. Sediment catchment basins, erosion control mats, fabric fences, or other appropriate means shall be used when such diversion are necessary. ■ Wash water containing mud or silt from construction operations shall not be allowed to enter the stream. ■ Structures and associated materials not designed to withstand high seasonal flows shall be removed to areas above the high water mark before such flows occur. ■ No debris, soil, silt, bark, sawdust, rubbish, cement or concrete or washing thereof, oil or petroleum products or other organic or earthen material from construction or associated activity or whatever nature shall be allowed to enter into or placed where it may be washed by rainfall or runoff into the stream. When operations are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 1155 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department CUP 2005-0157/ZCH 2005-0099 BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO:TemporaryOccupancy WW: Wastewater FM:: Final Map CA: City Attorney F0: Final Occupancy the high water mark of the stream. Mitigation Measure 4.e.1: The building permit site plan shall BP, GP PS 4.b.2 identify 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, GP PS 4.e.1 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. As identified in the tree protection plan, the root zone equals 1 -foot radius for every 1 inch of tree trunk diameter. Several trees on this site will require tree trunk protection. Tree trunk protection is 2" x 4" x8 foot boards that are wired together and placed around the tree trunk. Trees requiring this protection are: #5, 6, 20, 21, 22, 32, 33, 34, and 35 as identified on the Tree Protection Plan. (c) As specified by the arborist report and City staff: ■ Remove all berry vines and trees designated for removal by hand; ■ Prune all trees to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ Grub only for the proposed driveway (do not grade nor compact). ■ Install porous pavers over a three-inch bed of 3/4 inch granite covered with one -inch pea gravel for screeding. ■ 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. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 1155 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department CUP 2005-0157/ZCH 2005-0099 BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO:TemporaryOccupancy WW: Wastewater FM:: Final Map CA: City Attorney F0: Final Occupancy ■ 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 5.e: Should any cultural resources be BP, GP PS 4.e.2 unearthed during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. Mitigation Measure 6.b.1: The grading permit application plans GP BS 5.e shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.b.2: All cut and fill slopes shall be hydro GP PS, BS, CE 6.b.1 seeded with an appropriate erosion control method (erosion control blanket, hydro -mulch, or straw mulch appropriately anchored) immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6.c.d: A soils report shall be required to be GP PS, BS, CE 6.16.2 submitted with a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for occupants and buildings. Mitigation Measure 8.e.f.1: A Storm Water Pollution GP BS 6.c.d Prevention Plan (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for GP PS, BS, CE 8.0.1 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 11.d: All construction activities shall GP PS, BS, CE 8.e.f.2 comply with the City of Atascadero Noise Ordinance for hours of operation. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 1155 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department CUP 2005-0157/ZCH 2005-0099 BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO:TemporaryOccupancy WW: Wastewater FM:: Final Map CA: City Attorney F0: Final Occupancy Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Planning Commission. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. Mitigation Measure 16.c.1: Points of concentrated drainage BP, GP PS, BS 11.d into the creek shall incorporate natural rock riprap designed to blend with the natural landscape and function to dissipate energy and eliminate creek bank erosion, subject to review and approval of the City Engineer. GP BS, CE 16.c.1 ATTACHMENT 4: Draft Resolution PC 2007-0071 RESOLUTION NO. PC 2007-0071 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A ONE-YEAR TIME EXTENSION OF AN APPROVED VESTING TENTATIVE PARCEL MAP (TTM 2005-0067,1155 El Camino Real) WHEREAS, the applicant Wehn Group, LLC, proposes a proposed subdivision of a 5.54 acre, gross, lot into 62 small residential lots; and WHEREAS, the City Council approved A Tentative Tract Map on August 9, 2005; and WHEREAS, the Planning Commission considered the proposed one year time extension at a meeting held August 21, 2007, setting the expiration date to August 21, 2008; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1: Findings for approval of the time extension: The Planning Commission makes the following findings: 1. The approval of the time extension would not place the residents of the subdivision or the immediate community, or both in a condition dangerous to their health or safety, or both. 2. The approval of the time extension will not prohibit the project from complying with state or federal law. SECTION 2: Approval: The Planning Commission does hereby approve a one-year time extension of TTM 2005-0067, to expire on August 21, 2008. On motion by Commissioner and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary ITEM NUMBER: 3 DATE: 8-21-07 Atascadero Planning Commission Staff Report - Community Development Department PLN 2007-1234 Tree Removal Permit 10200 West Front (Kenyon) SUBJECT: A request to remove one (1) native Valley Oak tree totaling 36" in diameter that has been deemed dead by a Certified Arborist. RECOMMENDATION: Staff recommends: The Planning Commission adopt Resolution PC 2007-0074 to approve the request to remove one (1) native oak tree subject to findings and Conditions of Approval. Situation and Facts: 1. Applicant: 2. Certified Arborist 3. Project Address BACKGROUND: Linda Kenyon, P.O. Box 3147, Atascadero, CA 93423 Steven G. Alvarez (#WE -0511A), A&T Arborists, 1565 EI Camino Real, Atascadero, CA 93422 10200 West Front, Atascadero, CA 93422 APN 056-162-048 The tree is located in a Residential Single -Family — Y Zone. During April of 2000, a Lot Line Adjustment between six existing lots was approved creating map ATAL 99- 289 and AT04-0130. The tree is located on one of the six existing lots in an access easement located at 10200 West Front Road. On August 7, 2007, a Stop Work Order was issued by the Community Development Department to stop the illegal removal of the tree in question. Later that day, the ITEM NUMBER: 3 DATE: 8-21-07 applicant followed City instructions and applied for a Tree Removal Permit. The lot is still currently vacant. ANALYSIS: The applicant has provided a Tree Report Field Evaluation Form from a Certified Arborist that describes the 36" tree as dead with a Hazard Rating (7) out of a scale of (1-12). The applicant would like to remove the tree simply because it is dead and has become a hazard. ITEM NUMBER: 3 DATE: 8-21-07 MITIGATION: The applicant can choose to pay mitigation fees directly to the tree fund or replant the appropriate amount of native trees. Evergreen Native Trees (inches) Deciduous Native Trees (inches) dbh notes 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Total 0 -inches Mitigation Requirement req'd tree replacements: Proposed Replanting Remaining Mitigation Tree Fund Payment: FINDINGS: 0 five gal trees 0 five gal trees 0 fifteen gal trees 0 box trees (24") 0 five gal trees dbh notes 1 36 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Total 36 -inches req'd tree replacements: 12 five gal trees Proposed Replanting Remaining Mitigation Tree Fund Payment: 0 five gal trees 0 fifteen gal trees 0 box trees (24") 12 five gal trees $ 600.00 Totals 36 -inches 0 five gal trees 0 fifteen gal trees 0 box trees (24") 12 five gal trees $ 600.00 Pursuant to the Tree Ordinance (Ordinance No. 214), "...decisions on native tree removals of 24 -inch dbh-size or larger shall be made by the Planning Commission." In considering any Tree Removal Permit request, at least one of the findings must be made. Based on this analysis of the current condition of the tree, staff has identified finding (i), listed below, as appropriate for this requested removal. I. The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an arborist,- 11. rborist;Il. The tree is crowded by other healthier native trees; thinning (removal) would ITEM NUMBER: 3 DATE: 8-21-07 promote healthier growth in the trees to remain, as certified by a tree condition report from an arborist; III. The tree is interfering with existing utilities and/or structures, as certified by a report from the site planner; IV. The tree is inhibiting sunlight needed for existing and/or proposed active or passive solar heating or cooling, as certified by a report from the site planner; V. The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the site planner and determined by the Community Development Department based on the following factors: a. Early consultation with the City, b. Consideration of practical design alternatives, c. Provision of cost comparisons (from applicant) for practical design alternatives, d. If saving tree eliminates all reasonable use of the property, or e. Saving the tree requires the removal of more desirable trees. CONCLUSION: The applicant is proposing to remove one, 36" dbh Valley Oak tree that has been deemed dead by a Certified Arborist. The tree is currently located in an access easement at 10200 West Front Road. Staff is recommending approval for tree removal, with conditions for replacement. ALTERNATIVES: 1. The Planning Commission can refer the project back to the applicant and staff for additional information. 2. The Planning Commission can approve the requested tree removal. 3. The Planning Commission can deny the tree removal. PREPARED BY: Mathew Fawcett, Planning Technician ATTACHMENTS: Attachment 1: Project Location & Aerial Attachment 2: Tree Report and Field Evaluation Form Attachment 3: Draft Resolution PC 2007-0074 ITEM NUMBER DATE: 8-21-07 Attachment 1: Project Location & Aerial View ITEM NUMBER: 3 DATE: 8-21-07 Attachment 2: Tree Report and Field Evaluation Form A diet ARBORIST&r P.O. BOX 1311 TEMPLETON, CA 83465 (805) 434-0131 August 8, 2007 A'J G 9 2007 Warren Frace Community Development Director City of Atascadero Atascadero, CA 93422 Re: Dead tree West Front Road South of 10100 address. Atascadero, CA 93422 Warren, After examination of the subject tree located at the above stated address, we have determined the tree has been dead for more than one growing season. We recommend the tree be removed now to eliminate falling dead branches. Steven G. Alvarez Certified Arborist #WE -0511A ITEM NUMBER: 3 DATE: 8-21-07 Attachment 2: Tree Report and Field Evaluation Form V ^S IVIC S4S�,�/cJ ITEM NUMBER: 3 DATE: 8-21-07 Attachment 2: Tree Report and Field Evaluation Form C., EVALUATION OF HAZARD TREES A Photographic Guice to the Evaluation of Hazard Trees in Urban Areas - ' TREE HAZARD EVALUATION FORM 2nd Edition St�Aodress:?� bra r�S10 4) 00 Actf-5's KAZARD4At7MG: '.7ayLucauon' T F� Sim W"W� W :rwrter pu0h[ pr+'Are talbrOwO Odllr Poun" d on Raht9 Balm Date. 1;—%"07 i„S* , T7—ryG✓ G — z owned" acismnee tC Jou a use au*¢ an �ow� Nem ' Ger _ Dew tree TREE CHARACTERISUCS Free f: Sie> ib?� •y'R Oa, ,•� - -- USK 3 %I r of== Hawke Sprees Farm: A geaar"aty synmetK C nwnd asyma+e>.p a mad as..rrw-my — Shan* Sww _- swV'htadt0 CM" N33S )i OOrrwwrt ,D `i croermealase .i 50apras wd , Lire saws ndw A % Ap ra O Yaaq fy' was a:%We Kmalwe _over-.rwrWareeneseenr Pmereg kaforY: (] RaYlrl tliitld ❑ Y Crkmed ❑ roP Wd J crOwt torsed C p0anm J a0w rewcoci --Mahan _. Odeaft2caO Xrtdne C or"W "wQ non Approx. dam Sp.d,1 these C we=w ❑ he apfitia0— ❑ wild b ❑ wxmki l 7 stmt tree U swarm ' zwo l(li9anars —01 by a0'+. VWXY TREE HEALTH Foliage Talar: ❑ normal ❑ 4acoaow e Y GrmWh obsir;wbor Fohge derac ❑noawl MrQ rmnal 7 srwd� s" "Wo " � ww ;aura Aaawlsheolp-1111k ❑e❑aWaP gpo7w*0h.W0)k ❑ Z 9uuds woiarderae &rmwpAnrt ❑ erbeief - Ravage ❑ pod X_ nave ocher Vigor da= ❑ e�llsnl ❑ average ❑ roar poor - -- — Mawr SITE COWTHM . Silo Cheracler C3reeidlees O oorrrrrerml O ind�abai C px Xopen space .-ii, Uhdsc w t,wC Pw" ❑ raised bed ❑ cortww C mlund C lawn 0i bordu 7 wird 114 tenger Wer: roi110w ❑ Q ilgdearale 00weam C honk welded itecaa sb d shrbaace7 Y t ❑ wil dsAxbar= F:gramcrlaw❑ line cjtarirq ❑ s le tleannp `L d[tpline i 10.25% 25.50% SO -75% 75-100% PwamwA IRMO Y H X driptGx w 011 sat 1425% 25-50% 5475% 75 -WD% % dripilw Pa" W wa& 70-25% 25 076 547576 75-1110% Soil problems El &~ ,_j StweOM ❑worwawt7 draughty C where -ala . C aadc C wwp vokaw C dhase c w ❑ hardy of ud C day —_ aewasm Ci slope aspect OSstacdoos: 0 GpAtz J 3WOF O ine-d-s+ob C7 view ❑ overtrgad �ii� ❑ ultras u uaidc O aQpcent ve9 C Eapawn to wil i 0 single bee ❑ j" anWy ❑ a m canopy C ramfH d ❑ w:Mwam. canopy edge ❑ wwa prase to waatluavr — P,en,Tioe wird dbWbrc _[&� S Omnenea 01 y»vwice sterna ❑ next Vsdkm D rt9uMy TARGET U. cad« Tree Cl buftng ON C pedes ❑ reviaaw L7 t D hadsape ❑ wagseasons ❑ utay ww Cera lar Cger ere moted7 Y(�) Cera ase be m5kidd7 �Y'/] M oamp"r x 0ceaw i ase Ci wermaw ma D havunrt urs ❑ catstm — Fire Iateirrarkoml So6ny dl NborsalWa aewmes m raport>s�ty kx oondmiorer d rammwdallaas derwed ham late d ehie ldrat. Specimen: TREE HAZARD EVALUATION FORK P2ge I Attachment 2: Tree Report and Field Evaluation Form ITEM NUMBER: 3 DATE: 8-21-07 EVALUA71�,; TREES FOR HAZARD a1 TREE DEFECTS RlN17 DffFCJS• �3Dect rya r0hf y7 M v �p Mespc rO to* Emits" Mott- krefe _ madvate Ro�P+aeee: lwstafCe +rom 'rank�nfer/nme0. .. 1• , ""Ware �,,ry — -..-•�-.___ Resww" (Mar" : seYa+e � Rau area attaaee � . a on= roudea. Wk._ LEiiM'X—pot-balalAW)2Uan: _.4&2� deg. fromjM"'31 Y—rlatt"M :rme n aC.J1e `,orY 0" m Ataee if t". Y/ py ROals _\may SH:-COn!'YtQ Shc 1pay y �j l/ iJCGaiY V.i3"' SeM vadm� f: Y Ci'l� CRtI1 *06 -le 'g. Indrjk arela�e n......�.., .._._._ Leave tlKr�ry• ievere .�w....._ hMOattlaROaiod >tMart.`„ ate, other ,ilk ��af7atrMYi I-bar.2- 3-�- Rrkra Palrflfal « Sf� of Ptrt « sbt of out t - c - (is >30'(73 cm) HdD AWMEW —37—*NUM� UK 4 - cor4wW MR P"C 0 remo a 0060 M out ❑ tadacti am +wlvfll ❑ 00Mn dean Q eve =,ate Cahwwwr r o—, re I,�,esa,saw. L7 turps Rerrw' M Nga4? r tMoeM t 9le y t x Doer Arlrar G root tsowe '� fbgy =aerial �7 rRooppr Efaa oa artjacs* yam COMEJ17S�~� l —4saly ` / e -l' SPalmen: TREE HAZARD EVALUATIONi,FOW Page 2 ITEM NUMBER: 3 DATE: 8-21-07 Attachment 3: Draft Resolution PC 2007-0074 DRAFT RESOLUTION PC 2007-0074 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING TREE REMOVAL PERMIT 2007-0115 TO ALLOW THE REMOVAL OF ONE NATIVE OAK TREE LOCATED AT 10200 WEST FRONT RD. (Kenyon) WHEREAS, an application for a Tree Removal Permit has been received from Linda Kenyon, P.O. Box 3147, Atascadero, CA 93423, to allow the removal of one native oak tree located at 10200 West Front; and, WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on August 21, 2007, and considered testimony and reports from staff, the applicants, and the public; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. FindintZs for Approval of Tree Removal Permit. The Planning Commission finds as follows: The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an arborist; SECTION 2. Approval. The Planning Commission hereby approves Tree Removal Permit 2007-0115 subject to the following: Exhibit A: Conditions of Approval ITEM NUMBER: 3 DATE: 8-21-07 On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: (0 ) NOES: (0 ) ABSTAIN: (0 ) ABSENT: (0 ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: 3 DATE: 8-21-07 Exhibit A: Conditions of Approval Tree Removal - TRP 2007-0115 Conditions of Approval Timing Responsibility TRP 2007-0115 /Monitoring PR: dorm Removal PS: Planning Services BL: Business License BS: Building Services BP: Building Permit FD: Fire Deparhent TO: Temporary Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. The applicant shall mitigate for the removal based on PR PS the requirements of the Atascadero Native Tree Ordinance as shown in the table below. dbh 1 2 3 4 15 Total 0 -inches Mitigation Requirement req'd tree replacements: notes dbh notes 1 36 2 3 4 15 Total 36 -inches 0 five gal trees req'd tree replacements: 12 five gal trees 36 -inches 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") 1 0 box trees (24") Remaining Mitigation 0 five gal trees Remaining Mitigation 12 five gal treesI 12 five gal trees Tree Fund Payment: $ Tree Fund Payment: $ 600.00 $ 600.00 ITEM NUMBER: 4 DATE: 8-21-07 Atascadero Planning Commission Staff Report - Community Development Department Tentative Parcel Map 2005-0072 (AT 05-0142) Amendment 5155 Escarpa Ave. (Miles, Thus) SUBJECT: Proposed Amendment to the building envelopes and conditions of approval for Parcels 2 and 3 of TPM 2005-0072. RECOMMENDATION: Staff Recommends: Planning Commission adopt Resolution PC 2007-0072, approving an amendment to Parcel 2 of Tentative Parcel Map 2005-0072 revising the building envelope and allowing a graded rear yard area, based on findings and subject to conditions of approval. Planning Commission adopt Resolution PC 2007-0073, approving an amendment to Parcel 3 of Tentative Parcel Map 2005-0072 revising the building envelope and approving two native tree removals, based on findings and subject to conditions of approval. SITUATION AND FACTS: 1. Owners: Joshua Thus, 8823 Arcade Road, Atascadero, CA 93422 Raymond Miles, 8105 San Clemente, Atascadero CA 93422 2. Applicant: Barak Miles, Geo -West Land Consultants, 5815 Traffic Way, Ste. B, Atascadero, CA 93422 3. Project Address: 5111 and 5113 Escarpa Avenue, Atascadero, CA 93422, APN 029-161-011, 012 ITEM NUMBER: 4 DATE: 8-21-07 4. General Plan Designation: Single -Family Residential - Y 5. Zoning District: 6. Site Area: 7. Existing Use: 8. Environmental Status DISCUSSION: Project Definition Residential Single -Family - Y Parcel 2 = 1.14 ac net Parcel 3 = 1.00 ac net Vacant Consistent with previously certified Mitigated Negative Declaration 2005-0032 The proposed project consists of an Amendment to Tentative Parcel Map 2005-0072 to modify the building envelopes for parcels 2 and 3, modify the conditions of approval to allow a graded rear yard area for parcel 2, and approve 2 native tree removals for the development of Parcel 3. Stadium Park Background: Subject Parcel: 5111 and 5113 Escarpa Ave. Zoning: Residential Single -Family - Y General Plan: Single -Family Residential - Y The Planning Commission approved Tentative Parcel Map 2005-0072 on May 2, 2006. The Final Map was recorded December 19, 2006. Building permits were submitted by two separate owners for single-family residences on the newly created vacant parcels. The original map approval included an open space easement covering the rear portions of all 3 lots, a building envelope along the Escarpa right-of-way. ITEM NUMBER: 4 DATE: 8-21-07 Parcel 2: The conditions of approval for TPM 2005-0072 require that future construction on the parcels 2 and 3 utilize stem wall construction to minimize grading impacts to the existing sloped site. The applicant for Parcel 2 is proposing to amend the conditions of approval to allow a graded rear yard area. The proposed yard area extends approximately 20 - feet from the rear of the house. Retaining walls are proposed at the sides and rear of the site. The building is also located outside the building envelope and thus, the building envelope will require an amendment. The proposed new structure will extend a maximum of 20 -feet beyond the previously approved building envelope with the graded yard area extending up to 20 -feet beyond the structure. The Council adopted hillside grading policies allow graded pads where slopes are less than 30%. The resulting building envelope will have an average slope of 20%. Based on the hillside grading policy, the following must be considered when approving graded pads on sloped sites: ITEM NUMBER: 4 DATE: 8-21-07 Cut and Fill Pads (Few Native Tree Impacts) Cut and fill pads are allowed for hillside construction in the following situations: 1. Natural slopes are under 30%. 2. Native tree impacts are minimal. 3. The cut pad is reasonable related to the size of the house footprint. 4. Newly graded flat yard areas are minimized. 5. Landscape and irrigation plans prepared by a licensed professional are provided for all resulting cut and fill slopes. Landscape plans should incorporate native drought tolerant trees, shrubs and ground covers (refer to City plant list). 6. Erosion control plans must be provided. Retaining walls have been incorporated to minimize impacts to native trees. The open space easement area will not be affected by the proposed modifications. The graded yard area does appear reasonable based on the size of the lot and relationship to the size of the home. Staff has conditioned that a landscape plan be prepared prior to the issuance of building permits (Resolution 2007-0072, Condition 6). The proposed building design appears to be consistent with the original intent of the map and all requirements of the Zoning Ordinance and adopted City Council Policies. Parcel 3: The original map approval included a building envelope and generic building design that fit within the proposed envelope. The new owner of the parcel is proposing a similar design but has tilted the structure to allow for additional driveway length to allow for greater sight distance onto Escarpa Ave. The proposed residence extends a maximum of 20 -feet beyond the approved building envelope. In addition, the new building location will require the removal of two native oak trees (9" White Oak and 23" White Oak) totaling 32 -inches dbh. Although these removals are each under 24", the original conditions of approval for the Tentative Parcel Map require that all future native tree removals be reviewed and approved by the Planning Commission. The proposed structure on parcel 3 includes stem wall construction. No additional grading is proposed. The new building envelope will have an average slope of 20%. The proposed building design appears to be consistent with the original intent of the map and all requirements of the Zoning Ordinance and adopted City Council Policies. The open space easement will not be effected with this modification. Proposed Environmental Determination The proposed modifications are minor in nature and a finding is included that the proposed Amendments are consistent with the previously certified Mitigated Negative Declaration. ITEM NUMBER: 4 DATE: 8-21-07 Conclusion The proposed Amendments to parcel 2 include modifications to the conditions of approval to allow a graded rear yard area and extension of the building envelope. Based on the current hillside grading policy, the Planning Commission must find that the proposed residential design reduces impacts to grading and native trees. No additional trees are proposed for removal on Parcel 2. Retaining walls have been incorporated into the site design to minimize impacts. The amendments are consistent with the Zoning Ordinance and Council Policies. The proposed amendments to parcel 3 include modifications to the building envelope and the removal of two native oak trees totaling 32 -inches dbh. The amendments are consistent with the Zoning Ordinance and Council Policies. ALTERNATIVES: 1. The Commission may approve one or both of the proposed Amendments with modified conditions of approval. 2. The Commission may deny the one or both of the proposed Amendments 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: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1 Location Map Attachment 2 Draft Resolution PC 2007-0072 Attachment 3 Draft Resolution PC 2007-0073 ITEM NUMBER DATE: 8-21-07 ATTACHMENT 1: Location Map (General Plan / Zoning) TPM 2005-0072 Amendment 5111 and 5113 Escarpa Ave. ITEM NUMBER: 4 DATE: 8-21-07 ATTACHMENT 2: Draft Resolution PC 2007-0072 TPM 2005-0072 Amendment 5113 Escarpa Ave. DRAFT RESOLUTION PC 2007-0072 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING AN AMENDMENT TO TENTATIVE PARCEL MAP 2005-0072 TO ALLOW A GRADED REAR YARD AREA ON PARCEL 2: APN 029-161-012 (Miles) WHEREAS, an application has been received from Raymond Miles (8105 San Clemente, Atascadero, CA 93422) Applicant and Property Owner, to consider a project consisting of a Tentative Parcel Map Amendment to allow a graded rear yard area; and, WHEREAS, the site's current General Plan Designation is Single -Family Residential -Y (SFR -Y); and, WHEREAS, the site's current Zoning District is Residential Single -Family -Y; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, the project is consistent with previously certified Mitigated Negative Declaration 2005-0032; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on August 21, 2007, studied and considered amendments to Tentative Parcel Map 2005-0072; and, ITEM NUMBER: 4 DATE: 8-21-07 NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Approval for Tentative Parcel Map Amendment, the Planning Commission finds as follows: 1. The proposed amendment, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement, as conditioned, of the proposed amendment is consistent with the General Plan and applicable zoning requirements. 3. The design and improvement of the proposed buildings will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 4. Natural slopes are under 30%. 5. Native tree impacts are minimal. 6. The cut pad is reasonable related to the size of the house footprint. 7. Newly graded flat yard areas are minimized. SECTION 2. Approval. The Planning Commission does hereby approve Tentative Parcel Map 2005-0072 Amendment, subject to the following Conditions and Exhibits: EXHIBIT A: Conditions of Approval EXHIBIT B: Grading and Drainage Plan ITEM NUMBER: 4 DATE: 8-21-07 On motion by Commissioner and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ABSTAINED: ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary ITEM NUMBER DATE: 8-21-07 EXHIBIT A: Conditions of Approval TPM 2005-0072 Amendment Conditions of Approval / Mitigation Monitoring Program Timing Responsibili Mitigation ty Measure TPM 2005-0072 (AT 05-0142) Amendment PM: Parcel Map GP: Grading Pmt /Monitoring BP: Building Prmt TO: Temporary PS: Planning Services 5113 Escarpa Ave. Occupancy BS: Building Services FD: Fire Department F0: Final Occupancy PD: Police PI: Public Improvements Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Planning Services 1. The approval of this application shall become final, subject to the PM PS completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Parcel Map Amendment shall be valid PM PS unless amended by the planning Commission. 3. All conditions of approval and Mitigation Measures, unless specifically amended by this resolution, shall remain in effect. 4. The Community Development Department shall have the authority to PM PS 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. • Any changes to the approved building envelope will require an amendment to this map. Project Specific Conditions 5. The construction of Parcel 2 may include a 20 -foot maximum BP PS/BS graded rear yard area and graded slope consistent with EXHIBIT B. 6. A landscape plan, prepared by a licensed professional will be BP PS provided prior to the issuance of building permits. ITEM NUMBER: 4 DATE: 8-21-07 EXHIBIT B: Parcel 2: Grading and Drainage Plan TPM 2005-0072 Amendment g,I �! aE a' �I i , . • I i at �€ i li ! 'i ailje �66t �l,a• la a ' f !i� E $! `I � i�� I • � 1 � �1! �! 9 ��1�3"i�iII al.. ! � � $�� is � i PIT ITEM NUMBER: 4 DATE: 8-21-07 ATTACHMENT 3: Draft Resolution PC 2007-0073 TPM 2005-0072 Amendment 5111 Escarpa Ave. DRAFT RESOLUTION PC 2007-0073 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING AN AMENDMENT TO TENTATIVE PARCEL MAP 2005-0072 TO EXPAND THE BUILDING ENVELOPE AND ALLOW THE REMOVAL OF TWO NATOIVE OAK TREES ON PARCEL 3: APN 029-161-011 (Thus) WHEREAS, an application has been received from Joshua Thus (8823 Arcade, Atascadero, CA 93422), Applicant and Property Owner, to consider a project consisting of a Tentative Parcel Map Amendment to approve an expanded building envelope and approve the removal of two native oak trees totaling 32 -inches dbh; and, WHEREAS, the site's current General Plan Designation is Single -Family Residential -Y (SFR -Y); and, WHEREAS, the site's current Zoning District is Residential Single -Family -Y; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, the project is consistent with previously certified Mitigated Negative Declaration 2005-0032; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on August 21, 2007, studied and considered amendments to Tentative Parcel Map 2005-0072; and, ITEM NUMBER: 4 DATE: 8-21-07 NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Approval for Tentative Parcel Map Amendment, the Planning Commission finds as follows: 1. The proposed amendment, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement, as conditioned, of the proposed amendment is consistent with the General Plan and applicable zoning requirements. 3. The design and improvement of the proposed buildings will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. SECTION 2. Approval. The Planning Commission does hereby approve Tentative Parcel Map 2005-0072 Amendment, subject to the following Conditions and Exhibits: EXHIBIT A: Conditions of Approval EXHIBIT B: Grading and Drainage Plan ITEM NUMBER: 4 DATE: 8-21-07 On motion by Commissioner and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ABSTAINED: ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary ITEM NUMBER DATE: 8-21-07 EXHIBIT A: Conditions of Approval TPM 2005-0072 Amendment Conditions of Approval / Mitigation Monitoring Program Timing Responsibili Mitigation ty Measure TPM 2005-0072 (AT 05-0142) Amendment PM: Parcel Map GP: Grading Pmt /Monitoring BP: Building Prmt TO: Temporary PS: Planning Services 5111 Escarpa Ave. Occupancy BS: Building Services FD: Fire Department F0: Final Occupancy PD: Police PI: Public Improvements Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Planning Services 7. The approval of this application shall become final, subject to the PM PS completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 8. Approval of this Tentative Parcel Map Amendment shall be valid PM PS unless amended by the planning Commission. 9. All conditions of approval and Mitigation Measures, unless specifically amended by this resolution, shall remain in effect. 10. The Community Development Department shall have the authority to PM PS 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. • Any changes to the approved building envelope will require an amendment to this map. Project Specific Conditions 11. The building envelope for Parcel 3 shall be modified consistent with BP PS/BS EXHIBIT B. 12. Approval of this amendment shall include the removal of 2 native BP PS oak trees (9 -inch White Oak and 23 -inch White Oak) totaling 32 - inches dbh. All native tree removals shall be mitigated per the requirements of the Atascadero Native Tree Ordinance. EXHIBIT B: Parcel 3: Grading and Drainage Plan TPM 2005-0072 Amendment ITEM NUMBER: 4 DATE: 8-21-07 'e x I 9� "10 0 S ITEM NUMBER: 4 DATE: 8-21-07