Loading...
HomeMy WebLinkAboutPC_2007-09-04_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, September 4, 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 September 4, 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 21, 2007. 2. APPROVAL OF TIME EXTENSION ON TENTATIVE TRACT MAP 2005-0076 4705 EL CAMINO REAL, (THE ACACIAS DEVELOPMENT, LLC) COMMUNITY DEVELOPMENT STAFF REPORTS 3. PLN 2007-1229, TREE REMOVAL PERMIT FOR 1320 EL CAMINO REAL Owner: Ross Trust, PO Box 529, Santa Margarita, CA 93453 Certified Steven Alvarez, A&T Arborist, 1565 EI Camino Real, Atascadero, CA 93422 Arborist: Project Title: PLN 2007-1229/Tree Removal Permit 2007-0114 Project 1320 EI Camino Real, Atascadero, CA 93422 Location: APN 049-093-015 (San Luis Obispo County) Project A request to remove two (2) California Black Walnuts (13" and 24" at dbh) and three (3) Description: Coast Live Oak (6", 5", and 14" at dbh). The two California Black Walnuts are located in the public frontage along EI Camino Real and the Coast Live Oaks are directly impacted by construction. City of Atascadero Planning Commission Agenda PUBLIC HEARINGS Regular Meeting September 4, 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).) COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on September 18, 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 September 4, 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: 9-4-07 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, August 21, 2007 — 7:00 P.M. Chairperson O'Keefe called the meeting to order at 7:00 p.m. and Commissioner Jack led the Pledge of Allegiance. ROLL CALL Present: Commissioners Heatherington, Jack, Marks, O'Grady, Slane and Chairperson O'Keefe Absent: Vice Chairperson Fonzi (excused) 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 Kelly Gleason, and Planning Technician Mathew Fawcett. Chairperson O'Keefe read the decorum guidelines. PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA MOTION: By Commissioner Jack and seconded by Commissioner Slane to approve the agenda. Motion passed 6:0 by a roll -call vote. PC Draft Minutes 08/21/07 Page 1 of 6 DISCLOSURE OF EX PARTE COMMUNICATIONS: ■ Commissioner Marks stated he visited three of the sites on the agenda. ■ Commissioner Jack stated he had visited the Escarpa property. ■ Commissioner O'Grady stated he visited all the sites, but spoke to no one. PUBLIC COMMENT None CONSENT CALENDAR 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) Items pulled: Commissioner O'Grady, Item #2. MOTION: By Commissioner Jack and seconded by Commissioner Heatherington to approve Item #1. Motion passed 6:0 by a roll -call vote. Item #2 Commissioner O'Grady asked for an update regarding the status of the project. Associate Planner Kelly Gleason gave a brief staff report on the item and answered questions of the Commission. MOTION: By Commissioner Slane and seconded by Commissioner Jack to approve Item #2. Motion passed 6:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 3. PLN 2007-1234, TREE REMOVAL PERMIT FOR 10200 W. FRONT Owner: Linda Kenyon, PO Box 3147, Atascadero, CA 93423 PC Draft Minutes 08/21/07 Page 2 of 6 Certified Steven Alvarez, A&T Arborist, 1565 EI Camino Real, Atascadero, CA 93422 Arborist: CA 93422 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. Planning Technician Mathew Fawcett gave the staff report and answered questions of the Commission. PUBLIC COMMENT — None MOTION: By Commissioner O'Grady and seconded by Commissioner Marks to adopt Resolution PC 2007-0074 to approve the request to remove one (1) native oak tree subject to findings and conditions of Approval, and with the added condition that there be standards for removal added to the conditions to include a workman like job of tree removal, which means clearing out all of the debris, grinding the stump below grade, and doing it in a timely manner. Motion failed 3:3 by a roll -call vote. (Slane, Jack, O'Keefe opposed) Commissioners Slane, Jack and Chairperson O'Keefe stated that because this was on a residential parcel they could not agree with the added conditions. MOTION: By Commissioner Marks and seconded by Commissioner Jack to adopt Resolution PC 2007-0074 to approve the request to remove one (1) native oak tree subject to findings and conditions of Approval. Motion passed 5:1 by a roll -call vote. (O'Grady opposed) PUBLIC HEARINGS 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 PC Draft Minutes 08/21/07 Page 3 of 6 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: Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Barak Miles, applicant, spoke about the history of the project. Raymond Miles, applicant, explained why they are developing the lot as proposed. Joshua Thus, applicant, explained the reasons they have designed the house as presented. Stephanie Landan stated she lives on the original parcel in this development and explained she had come tonight to get a feel of what was happening with these parcels. She expressed support for the project as presented. Chairperson O'Keefe closed the Public Comment period. Commissioner Heatherington expressed concern with the drainage and grading for the project. Chairperson O'Keefe explained that she had originally voted against this project because she believed that one additional lot could be added but not two due to the configuration. She also did not think the project fit in with the neighborhood given the two houses so close together and close to the road. Also, she was concerned at the time that they could come back in for changes, which is what they are doing, and could bring it back for second units in the future. PUBLIC COMMENT In response to Commission questions, Joshua Thus explained why the building envelope was being moved, and that this is the third plan check and the issue had not been brought up prior to this. PC Draft Minutes 08/21/07 Page 4 of 6 Chairperson O'Keefe closed the Public Comment period. MOTION: By Commissioner Slane and seconded by Commissioner Marks to 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. Motion passed 5:1 by a roll -call vote. (O'Keefe opposed) Chairperson O'Keefe stated for the record that she had voted against the motion for the reasons previously cited. MOTION: By Commissioner Slane and seconded by Commissioner Jack to 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. Motion passed 5:1 by a roll -call vote. (Heatherington opposed) Commissioner Heatherington stated for the record she has a problem with the tree removal. Chairperson O'Keefe stated for the record she is voting for this motion because the applicant had invested quite a bit of money and then found on plan check number three that things did not work. COMMISSIONER COMMENTS AND REPORTS Chairperson O'Keefe stated she had asked that the Commission receive copies of the minutes of joint meeting between the Mayor, Mayor Pro Tem and Commission Chairs and Co -Chairs. Commissioner Slane spoke about the Mission Oaks tree removal and the excellent job they had done. Commissioner Jack asked if any Commissioners were going to the Energy Conference at Cal Poly. Commissioner Marks stated that he was planning on attending. Commissioner Heatherington asked that a report to the Commission be made at a future date regarding the Energy Conference. Director Frace stated he would be attending the conference and would give a report at the next Planning Commission meeting. PC Draft Minutes 08/21/07 Page 5 of 6 DIRECTOR'S REPORT Community Development Director Warren Frace spoke about the Mayors Climate Protection Agreement, client selection criteria for Habitat for Humanity, and the City Sweaters that were distributed. Director Frace reported on the "Just Listening" open house and community forums that were held last week, and reviewed the agenda for the next Planning Commission meeting. Public Works Director Steve Kahn commented on the "Just Listening" session, and made the following announcements: 1) the first transit center site selection meeting will be held August 27th at 5:00 p.m., 2) the City Council will receive an update on the "Just Listening Program" at their August 28th meeting, 3) on September 11th at 5:00 p.m. the City Council will hear the presentation on the streetscape phase 2 program, and 4) the bids will open tomorrow for the US 101/41 rebuilding project. Commissioner O'Grady stated that in the future he would like more information on time extensions that are placed on the Consent Calendar. ADJOURNMENT Chairperson O'Keefe adjourned the meeting at 7:52 p.m. to the next regularly scheduled meeting of the Planning Commission on September 4, 2007. MINUTES PREPARED BY: Grace Pucci, Recording Secretary PC Draft Minutes 08/21/07 Page 6 of 6 ITEM NUMBER: 2 DATE: 9-4-07 Planning Commission Staff Report Consent Agenda Time Extension CUP 2005-0170 / TTM 2005-0076 4705-4713 EI Camino Real (Acacias Development, LLC) SUBJECT: Consideration of a one-year Time Extension for TTM 2005-0076 and CUP 2005-0170. RECOMMENDATION: Staff Recommends: Adopt Resolution PC 2007-0075, thereby approving a one-year Time Extension of Tentative Tract Map 2005-0076 Conditional Use Permit 2005-0170 in compliance with Sections 11-4.23(a) and 11-4.33(b) of the Subdivision Ordinance. SITUATION AND FACTS: 1. Owner: Acacias Development, LLC 2004 Dallons Suite 100 Paso Robles, CA 93446 2. Project Address: 4705-4713 EI Camino Real Atascadero, CA 93422 APN: 029-271-001 3. General Plan Designation: General Commercial (GC) 4. Zoning District: Commercial Retail (CR) 5. Site Area: 1.71 acres 6. Existing Use: Vacant 7. Environmental Status: Certified Mitigated Negative Declaration 2005-0063 DISCUSSION: Background: On February 14, 2006, a vesting tentative subdivision map was applied for a mixed use development consisting of commercial space on the lower floor and residential units on the upper floor and includes two multi -family residential buildings totaling 41 units and 8,000 square feet of commercial space on a 1.71 acre lot. 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 approved Conditional Use Permit also requires an extension. 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. The applicant has applied for building permits (BDG 2006-6665 though 6670) for this project. During this process, the applicant decided to modify their grading plans to further reduce the use of extensive retaining walls and site grading. The applicant's engineers are currently preparing revised documentation to be submitted to the City for additional building permit review and approval. Map History: Approval Expiration Original Approval February 14, 2006 February 14, 2008 Time Extension February 14, 2008 February 14, 2009 CONCLUSION: The City Council found the proposed subdivision map and Conditional Use Permit, 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 2005-0076 Attachment 3 — Conditions of Approval/Mitigation Monitoring for TTM 2005-0076 Attachment 4 — Conditions of Approval/Mitigation Monitoring for CUP 2005-0170 Attachment 5 — Draft Resolution 2007-0075 ATTACHMENT 1: Location Map (General Plan / Zoning) TTM 2005-0076 4705 EI Camino Real Zoning District: Commercial Retail (CR) Land Use Designation: General Commercial (GC) ATTACHMENT 2: TTM 2005-0076 4705 EI Camino Real ` 1 ! ! E t S r l N B R E S i 0 E h c E i BIM W � I .L'•.✓ � � I o 7-7 ' <---c-c : - - 1 U r Y EL CAM NO REAL ; 1 B A ATTACHMENT 3: Conditions of Approval/Mitigation Monitoring Program TTM 2005-0076 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services E/ Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -27 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: CityAttomey F0: Final Occupancy Planning Services 1. The approval of this zone change and use permit shall become final and FM PS effective following City Council approval. 2. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2005-0104 and ZCH 2005-0105 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority to BP/FM PS, CE approve 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. 4. Approval of this Conditional Use Permit shall be valid for twelve (12) BP/FM PS months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 5. The applicant shall defend, indemnify, and hold harmless the City of Ongoing PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision 6. All subsequent Tentative Map and construction permits shall be BP/FM PS, CE consistent with the Master Plan of Development contained herein. 7. All exterior elevations, finish materials and colors shall be consistent with BP PS the Master Plan of Development as shown in EXHIBIT B through K with the following modifications: All exterior material finishes (siding, trim, doors, windows, light fixtures, garage doors) shall be durable, high quality, and consistent with the architectural appearance. Side and rear residential elevations shall match the color, architectural detail, materials, window and door detail, roof eaves, trellis elements, balconettes, iron accents, and shutter accent elements of the proposed front elevations, as conditioned. Decorative iron accents as shown on the proposed elevations shall be of architectural quality. Pre -cast architectural ornaments from manufactured stone or similar shall Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services EI Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -27 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy be placed in front building elevation A and B roof gable area of as identified on Building Exhibit D, subject to staff approval. Vinyl frame windows and grids shall be taupe or beige in color, subject to staff approval. All trash storage, recycle storage, and air conditioning units shall be screened from view behind architecturally compatible or landscaped enclosures. Any proposed exterior street, pedestrian, or building mounted light fixtures shall be of architectural grade and design and shall be compliment the architectural style, subject to staff approval. As proposed by the applicant, stucco siding shall be smooth troweled on buildings A and B (front buildings along EI Camino Real), and may be smooth sand finish or similar finish on Buildings C and D (rear buildings). Tile roofs shall be architectural grade per Exhibit K. 8. Metal car port structures shall be of simple high-quality design and BP PS, BS material and be of color(s) to match or compliment the proposed on-site building body colors, subject to staff approval. 9. All site work, grading, and site improvements shall be consistent with the BP/FM PS, BS, CE Master Plan of Development as shown in EXHIBIT B though I. 10. A final landscape and irrigation plan shall be approved prior to the BP PS, BS issuance of building permits and included as part of site improvement plan consistent with EXHIBIT C, and as follows: ■ All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. ■ All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site. ■ London Plane street trees shall be provided along EI Camino Real at a maximum spacing of 30 feet on center per Exhibit C. ■ Proposed landscape plant materials shall include the primary use of native and drought -resistant trees, shrubs and groundcovers, subject to staff approval. ■ Street and open space trees shall be minimum 15 -gallon size and double staked. ■ Increase the tree planting in areas adjacent to single-family residential along the northern portion of the project site to create a visual landscape screen between the properties. ■ In order to meet the 25% landscape code requirement, the proposed decorative paving entry shall be applied on-site in the following areas: At the project entry of EI Camino Real to the central open space parking area; and at the two "crosswalk" areas within the parking lots. Decorative pavement location, color and style are subject to staff approval. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services EI Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -27 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 11. All project fencing shall be installed consistent with EXHIBIT Band C GP/BP PS subject to the following modifications: ■ A solid masonry wall of not less than six (6) feet in height shall be placed and maintained on interior lot lines abutting property zoned for single family residential use. Colors and materials of walls and any other fencing shall be of architectural quality and match or compliment proposed buildings, subject to staff approval. 12. Final selection of colors and materials identified in EXHIBIT I shall be GP/BP PS subject to staff approval. 13. Affordable Housing Requirement: The applicant shall deed restrict the GP/BP PS, CA following minimum residential units for 45 years, prior to or concurrently with the final map, as follows: ■ 6 units at the low-income rate. All units shall be distributed throughout the project, subject to staff approval. 14. Workforce Housing: Prior to recordation of final map, the applicant shall BP PS, CA 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: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved; and The City Attorney shall approve the final form of the agreement. 15. Any future development signage shall be architecturally compatible with BP PS the proposed buildings. All future signage shall be subject to the review and approval of planning staff. No signage shall be placed above the first floor roofline. No signage shall be permitted facing the proposed residential uses. 16. An accurate Tree Protection Plan shall be prepared for encroachment GP/BP PS within the drip line of native trees located on or adjacent to the subject parcel. The applicant will contract with a certified arborist to monitor all activity within the drip lines of existing native oak trees. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services EI Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PO-27 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 17. The emergency services and facility maintenance costs listed below BP PS shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 18. All tract maintenance costs listed below shall be 100% funded by the BP PS project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. b) All parks, trails, recreational facilities and like facilities. c) All open space and native tree preservation areas. d) All drainage facilities and detention basins. e) All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. f) All frontage landscaping and sidewalks along arterial streets 19. Prior to final map, the applicant shall submit CC&Rs for review and BP PS, BS approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services EI Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PO -27 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy b) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. c) Individual unit's responsibility for keeping all trash receptacles within the unit's designated area. d) A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. 20. Approval of this permit shall include the removal of 3 Native Oak Trees, BP PS, BS totaling 74 inches dbh. The applicant shall be required to pay mitigation fees or provide replantings on-site per the requirements of the Atascadero Native Tree Ordinance. Any additional removals shall be subject to Planning Commission approval. 21. Sit down eating and drinking establishments, restaurants, and similar Ongoing PS uses of high parking demand not listed in the permitted or conditionally permitted uses of PD -27 may not be permitted on the project site per the project shared parking program. 22. The mixed-use (residential/commercial) buildings shall be constructed BP PS, BS before or simultaneously with the residential portion. Buildings with commercial use shall be permitted first and the first permit to be finaled in the project shall be these mixed-use building permit(s). 23. Shared parking program shall be managed by an on-site manager. On- BP PS, BS site parking shall identify a minimum of one full-size covered parking space for each residential unit. Shared parking spaces shall be located adjacent to Buildings A and B (Mixed -Use Buildings) and shall be available for commercial space use and residential guests. Parking signage shall be placed on-site directing visitors and commercial use patrons to the appropriate parking space locations. City Engineer PROJECT SPECIFIC CONDITIONS Drainage: 24. The applicant shall provide on-site storm water detention in accordance BP, GP CE with City Engineering Standards. Plans and supporting calculations will be reviewed at the time of grading permit application submittal. Public Improvements and Maintenance: 25. San Anselmo Road shall be improved from the southwesterly exit BP, GP CE from the K -Mart plaza to the intersection of San Anselmo and Highway 101. Existing pavement on the northerly side of San Anselmo shall be widened to provide for a 6' median, two 12' lanes, a 4' bike lane, and City standard curb, gutter, and sidewalk. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services EI Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PO -27 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 26. Full frontage improvements shall be required on EI Camino Real. BP, GP CE Improvements shall match those on either side of the project to provide for a smooth curb, gutter, and sidewalk alignment. FM CE 27. The applicant must provide for the repair and maintenance of on-site shared improvements. This includes roads, sidewalks, street trees, streetlights, private sewer system, drainage facilities, recreation areas and common landscaping. The two methods that may be used are: a. Homeowners Association. This private organization would be responsible for the maintenance, repair and replacement of the facilities. b. Assessment District and Landscape and Lighting District. Funds for the maintenance, repair and replacement of the facilities would be collected on the property tax bill and distributed to the City. The City Engineer and City Attorney shall approve the final form prior to recordation. Sanitary Sewer: 28. All onsite sewer mains shall be privately owned and maintained. BP, GP WW 29. Prior to recording the final map, provisions for the repair and BP, GP WW maintenance of the private SS shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private sewer and structures, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. 30. Applicant shall pay sewer extension (Annexation), Connection and BP, GP WW Reimbursement fees (if applicable) upon issuance of building permit. 31. Gravity mains within the subdivision shall be sized according to City BP, GP WW Standards. 32. Drainage piping serving fixtures which have flood level rims located BP WW below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve 33. All sanitary sewer (SS) mains shall terminate in manholes unless BP WW extension of the main, at some later date, is anticipated. If extension of a SS main is anticipated, said SS main may terminate in a cleanout providing the next downstream manhole is less than 300 linear feet from the cleanout and that the point of termination is not a reasonable location for a SS main angle point or intersection STANDARD CONDITIONS Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services EI Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -27 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 34. In the event that the applicant is allowed to bond for the public BP, GP CE improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 35. An engineer's estimate of probable cost shall be submitted for review FM CE and approval by the City Engineer to determine the amount of the bond. 36. The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map. 37. All public improvements shall be constructed in conformance with the BP CE City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 38. The applicant shall enter into a Plan Check/Inspection agreement with BP, GP CE the City. 39. The applicant shall be responsible for the relocation and/or alteration of BP, GP CE existing utilities. 40. The applicant shall install all new utilities (water, gas, electric, cable TV FM CE and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 41. The applicant shall monument all property corners for construction BP, GP CE control and shall promptly replace them if disturbed. 42. The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer The applicant shall enter into a Plan Check/Inspection agreement with the City The applicant shall be responsible for the relocation and/or alteration of existing utilities The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 43. A preliminary subdivision guarantee shall be submitted for review in FM CE conjunction with the processing of the parcel map. 44. All existing and proposed utility, pipeline, open space, or other FM CE easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 45. Prior to recording the tract map, the applicant's surveyor shall set FM CE monuments at all new property corners or shall indicate, by certificate on the final map, that corners have been set or shall be set by a date Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services EI Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -27 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy specific and that they will be sufficient to enable the survey to be retraced. 46. Prior to recording the tract 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, which indicates their review of the map. The letter shall identify any new easements, which may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 47. 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. 48. Prior to the final inspection of any public improvements, the applicant BP CE shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. ATTACHMENT 4: Conditions of Approval/ Mitigation Monitoring CUP 2005-0170 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services EI Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -27 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Planning Services 49. The approval of this zone change and use permit shall become final and FM PS effective following City Council approval. 50. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2005-0104 and ZCH 2005-0105 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. 51. The Community Development Department shall have the authority to BP/FM PS, CE approve 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. 52. Approval of this Conditional Use Permit shall be valid for twelve (12) BP / FM PS months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 53. The applicant shall defend, indemnify, and hold harmless the City of Ongoing PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision 54. All subsequent Tentative Map and construction permits shall be BP/FM PS, CE consistent with the Master Plan of Development contained herein. 55. All exterior elevations, finish materials and colors shall be consistent with BP PS the Master Plan of Development as shown in EXHIBIT B through K with the following modifications: All exterior material finishes (siding, trim, doors, windows, light fixtures, garage doors) shall be durable, high quality, and consistent with the architectural appearance. Side and rear residential elevations shall match the color, architectural detail, materials, window and door detail, roof eaves, trellis elements, balconettes, iron accents, and shutter accent elements of the proposed front elevations, as conditioned. Decorative iron accents as shown on the proposed elevations shall be of architectural quality. Pre -cast architectural ornaments from manufactured stone or similar shall Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services EI Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -27 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy be placed in front building elevation A and B roof gable area of as identified on Building Exhibit D, subject to staff approval. Vinyl frame windows and grids shall be taupe or beige in color, subject to staff approval. All trash storage, recycle storage, and air conditioning units shall be screened from view behind architecturally compatible or landscaped enclosures. Any proposed exterior street, pedestrian, or building mounted light fixtures shall be of architectural grade and design and shall be compliment the architectural style, subject to staff approval. As proposed by the applicant, stucco siding shall be smooth troweled on buildings A and B (front buildings along EI Camino Real), and may be smooth sand finish or similar finish on Buildings C and D (rear buildings). Tile roofs shall be architectural grade per Exhibit K. 56. Metal car port structures shall be of simple high-quality design and BP PS, BS material and be of color(s) to match or compliment the proposed on-site building body colors, subject to staff approval. 57. All site work, grading, and site improvements shall be consistent with the BP/FM PS, BS, CE Master Plan of Development as shown in EXHIBIT B though I. 58. A final landscape and irrigation plan shall be approved prior to the BP PS, BS issuance of building permits and included as part of site improvement plan consistent with EXHIBIT C, and as follows: ■ All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. ■ All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site. ■ London Plane street trees shall be provided along EI Camino Real at a maximum spacing of 30 feet on center per Exhibit C. ■ Proposed landscape plant materials shall include the primary use of native and drought -resistant trees, shrubs and groundcovers, subject to staff approval. ■ Street and open space trees shall be minimum 15 -gallon size and double staked. ■ Increase the tree planting in areas adjacent to single-family residential along the northern portion of the project site to create a visual landscape screen between the properties. ■ In order to meet the 25% landscape code requirement, the proposed decorative paving entry shall be applied on-site in the following areas: At the project entry of EI Camino Real to the central open space parking area; and at the two "crosswalk" areas within the parking lots. Decorative pavement location, color and style are subject to staff approval. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services EI Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -27 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 59. All project fencing shall be installed consistent with EXHIBIT Band C GP/BP PS subject to the following modifications: ■ A solid masonry wall of not less than six (6) feet in height shall be placed and maintained on interior lot lines abutting property zoned for single family residential use. Colors and materials of walls and any other fencing shall be of architectural quality and match or compliment proposed buildings, subject to staff approval. 60. Final selection of colors and materials identified in EXHIBIT I shall be GP/BP PS subject to staff approval. 61. Affordable Housing Requirement: The applicant shall deed restrict the GP/BP PS, CA following minimum for -sale residential units for 45 years and for -rent residential units for 55 years, and prior to or concurrently with the final map, as follows: ■ 6 units at the low-income rate. All units shall be distributed throughout the project, subject to staff approval. 62. Workforce Housing: Prior to recordation of final map, the applicant shall BP PS, CA 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: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved; and The City Attorney shall approve the final form of the agreement. 63. Any future development signage shall be architecturally compatible with BP PS the proposed buildings. All future signage shall be subject to the review and approval of planning staff. No signage shall be placed above the first floor roofline. No signage shall be permitted facing the proposed residential uses. 64. An accurate Tree Protection Plan shall be prepared for encroachment GP/BP PS within the drip line of native trees located on or adjacent to the subject parcel. The applicant will contract with a certified arborist to monitor all Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services EI Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PO -27 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy activity within the drip lines of existing native oak trees. 65. The emergency services and facility maintenance costs listed below BP PS shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 66. All tract maintenance costs listed below shall be 100% funded by the BP PS project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. g) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. h) All parks, trails, recreational facilities and like facilities. i) All open space and native tree preservation areas. j) All drainage facilities and detention basins. k) All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. 1) All frontage landscaping and sidewalks along arterial streets 67. Prior to final map, the applicant shall submit CC&Rs for review and BP PS, BS approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a Provisions for maintenance of all common areas including Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services EI Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PO -27 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy access, parking, street trees, fencing and landscaping. b) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. c) Individual unit's responsibility for keeping all trash receptacles within the unit's designated area. d) A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. 68. Approval of this permit shall include the removal of 3 Native Oak Trees, BP PS, BS totaling 74 inches dbh. The applicant shall be required to pay mitigation fees or provide replantings on-site per the requirements of the Atascadero Native Tree Ordinance. Any additional removals shall be subject to Planning Commission approval. 69. Sit down eating and drinking establishments, restaurants, and similar Ongoing PS uses of high parking demand not listed in the permitted or conditionally permitted uses of PD -27 may not be permitted on the project site per the project shared parking program. 70. The mixed-use (residential/commercial) buildings shall be constructed BP PS, BS before or simultaneously with the residential portion. Buildings with commercial use shall be permitted first and the first permit to be finaled in the project shall be these mixed-use building permit(s). 71. Shared parking program shall be managed by an on-site manager. On- BP PS, BS site parking shall identify a minimum of one full-size covered parking space for each residential unit. Shared parking spaces shall be located adjacent to Buildings A and B (Mixed -Use Buildings) and shall be available for commercial space use and residential guests. Parking signage shall be placed on-site directing visitors and commercial use patrons to the appropriate parking space locations. City Engineer PROJECT SPECIFIC CONDITIONS Drainage: 72. The applicant shall provide on-site storm water detention in accordance BP, GP CE with City Engineering Standards. Plans and supporting calculations will be reviewed at the time of grading permit application submittal. Public Improvements and Maintenance: Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services EI Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -27 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 73. San Anselmo Road shall be improved from the southwesterly exit BP, GP CE from the K -Mart plaza to the intersection of San Anselmo and Highway 101. Existing pavement on the northerly side of San Anselmo shall be widened to provide for a 6' median, two 12' lanes, a 4' bike lane, and City standard curb, gutter, and sidewalk. 74. Full frontage improvements shall be required on EI Camino Real. BP, GP CE Improvements shall match those on either side of the project to provide for a smooth curb, gutter, and sidewalk alignment. FM CE 75. The applicant must provide for the repair and maintenance of on-site shared improvements. This includes roads, sidewalks, street trees, streetlights, private sewer system, drainage facilities, recreation areas and common landscaping. The two methods that may be used are: a. Homeowners Association. This private organization would be responsible for the maintenance, repair and replacement of the facilities. b. Assessment District and Landscape and Lighting District. Funds for the maintenance, repair and replacement of the facilities would be collected on the property tax bill and distributed to the City. The City Engineer and City Attorney shall approve the final form prior to recordation. Sanitary Sewer: 76. All onsite sewer mains shall be privately owned and maintained. BP, GP WW 77. Prior to recording the final map, provisions for the repair and BP, GP WW maintenance of the private SS shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private sewer and structures, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. 78. Applicant shall pay sewer extension (Annexation), Connection and BP, GP WW Reimbursement fees (if applicable) upon issuance of building permit. 79. Gravity mains within the subdivision shall be sized according to City BP, GP WW Standards. 80. Drainage piping serving fixtures which have flood level rims located BP WW below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve 81. All sanitary sewer (SS) mains shall terminate in manholes unless BP WW extension of the main, at some later date, is anticipated. If extension of a SS main is anticipated, said SS main may terminate in a cleanout providing the next downstream manhole is less than 300 linear feet from Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services EI Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PO -27 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy the cleanout and that the point of termination is not a reasonable location for a SS main angle point or intersection STANDARD CONDITIONS 82. In the event that the applicant is allowed to bond for the public BP, GP CE improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 83. An engineer's estimate of probable cost shall be submitted for review FM CE and approval by the City Engineer to determine the amount of the bond. 84. The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map. 85. All public improvements shall be constructed in conformance with the BP CE City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 86. The applicant shall enter into a Plan Check/Inspection agreement with BP, GP CE the City. 87. The applicant shall be responsible for the relocation and/or alteration of BP, GP CE existing utilities. 88. The applicant shall install all new utilities (water, gas, electric, cable TV FM CE and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 89. The applicant shall monument all property corners for construction BP, GP CE control and shall promptly replace them if disturbed. 90. The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer The applicant shall enter into a Plan Check/Inspection agreement with the City The applicant shall be responsible for the relocation and/or alteration of existing utilities The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 91. A preliminary subdivision guarantee shall be submitted for review in FM CE conjunction with the processing of the parcel map. 92. All existing and proposed utility, pipeline, open space, or other FM CE easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services EI Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -27 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy parcel map. 93. Prior to recording the tract map, the applicant's surveyor shall set FM CE monuments at all new property corners or shall indicate, by certificate on the final map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 94. Prior to recording the tract 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, which indicates their review of the map. The letter shall identify any new easements, which may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 95. 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. 96. Prior to the final inspection of any public improvements, the applicant BP CE shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. Mitigation Measures Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program (Monitoring Measure EI Camino Court - General Plan Amendment 2005-0015 / Zone Change GP: Grading Permit BP: Building Permit PS: Planning Services BS: Building Services 2005-0104 / Zone Change 2005-0105/ Conditional Use Permit 2005-0170/ TO: Temporary FD: Fire Department TTM 2005-0076 occupancy PD: Police Department FI: Final inspection CE: City Engineer FO: Final Occupancy WW: Wastewater 4705, 4711, 4713 EI Camino Real Attorney CA:AMWC: ty WaterCamp. Mitigation Measure 1.c.1: The following landscape mitigations shall BP BS, PS, CE 1.c.1 apply: ■ Fencing shall be complimentary in color and material to the proposed architectural theme. ■ The project landscaping shall include street trees along EI Camino Real street frontage. ■ All proposed trees shall be shade trees of 15 -gallon minimum size and shall be double staked. Mitigation Measure 1.c.2: The proposed buildings shall include the use BP BS, PS, CE 1.c.2 of earth tone paint and roof colors. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services EI Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PO -27 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Mitigation Measure 1.d.1: If exterior parking lot lighting is proposed, it BP BS, PS, CE 1.d.1 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 luminary pole height shall not exceed 14 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the site. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to comply BP, 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 Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. ■ Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency will be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas shall be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services EI Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PO -27 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy E. Exposed ground areas that designated for reworking at dates greater than one month after initial grading shall 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 shall 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. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.e.1: Grading and excavation and grading work BP PS, BS 4.e.1 shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 13. All existing trees outside of the limits of work shall remain. 14. Earthwork shall not exceed the limits of the project area. 15. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 16. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 17. 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. 18. 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: All recommendations contained within the BP PS, BS 4.e.2 project arborists report prepared by Tree Resources Assessment, Barbella's Tree Service shall be applied to the proposed project in terms of each native tree proposed for removal and each tree within the project area subject to potential impact. All native tree impact/replacements shall be per the Atascadero Municipal Code Section 9-11.105. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services EI Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PO -27 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Mitigation Measure 4.e.3: The developer shall contract with a certified BP PS, BS 4.e.3 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. (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 3/4 inch granite covered with one -inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one -foot by one -foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (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.4: All tree removals identified in the Tree BP PS, BS 4.e.4 Resources Assessment, dated 7/19/05 shall be mitigated as prescribed by the Atascadero Native Tree Ordinance. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services EI Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PO -27 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Mitigation Measure 5.b.1: Design an appropriate Phase II archaeological GP PS, BS, CE 5.b.1 sampling strategy. Mitigation Measure 5.b.2: Monitoring of all earth disturbance by a GP PS, BS, CE 5.b.2 qualified subsurface archaeologist and native monitor during construction activities. Mitigation Measure 5.b.3: Cultural soils must remain on site of they are GP PS,BS,CE 5.b.3 moved and/or disturbed. Mitigation Measure 6.b.1: The grading permit application plans shall BP, GP PS, BS, CE 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 subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.1: A soils report shall be required to be submitted BP,GP PS,BS,CE 6.c.1 with a future building permit by the building department. Mitigation Measure 7.b.1: Per the Phase I Environmental Site BP PS 7.b.1 Assessment, further investigation of the former commercial building area is necessary to better determine if the site had been adversely impacted by previous auto garage or painting use Mitigation Measure 8.e.f.1: The developer is responsible for ensuring GP PS, BS, CE 8.0.1 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.1: All construction activities shall comply with BP, GP PS, BS, CE 11.d.1 the City of Atascadero Noise Ordinance for hours of operation, and as follows: Construction activities shall be limited to the following hours of operation: 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors may modify the hours of construction. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. Staff shall approve the details of such a sign during the Gradin Plan/Building Permit review process. Conditions of Approval / Mitigation Monitoring Program EI Camino Court PD -27 Master Plan of Development Timing BL: Business License GP: Grading Permit BP: Building Permit FI: 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 BP, GP PS, BS, CE 13.1 Mitigation Measure 13.1: Project Road and Landscape Maintenance and Emergency Services Funding: The emergency services and road maintenance costs of the project shall be 100% funded by the project in perpetuity. The service and maintenance cost may be funded through a benefit assessment district or other mechanism established by the developer subject to City approval. The funding mechanism must be in place prior to or concurrently with acceptance of the any 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 and the coordination and performance of maintenance activities shall be by the City a) All Atascadero Police Department service costs to the project. b) All Atascadero Fire Department service costs to the project. c) All streets, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. d) All parks, trails, recreational facilities and like facilities. e) All open space and native tree preservation areas. f) All drainage facilities and detention basins. g) All common landscaping areas, street trees, medians, parkway planters, manufacture slopes outside private yards, and other similar facilities. h) All drainage facilities and detention basins. i) All common landscaping areas, street trees, medians, parkway planters, manufacture slopes outside private yards, and other similar facilities. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services EI Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD-27 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Mitigation Measure 15.a: The project shall widen west bound San BP PS, BS, CE 15.a Anselmo, between the US 101 north bound on-ramp and the K-mart driveway, to provide a landscaped median, two west bound lanes and a bike lane. This work will require approval by Caltrans. This improvement will provide a dedicated lane for traffic entering the US 101 north bound on ramp, which will improve the operation of the US 101 north bound off ramp and east and west bound San Anselmo. This project is required to pay Development Impact Fee per the Circulation System of Atascadero. The design and construction of these improvements is eligible for credit to the fees. The actual design and construction costs must be submitted to the City for credit. Administration of designing, approval and construction of these improvements is not eligible for credit to the fees. ATTACHMENT 4: Draft Resolution PC 2007-0075 RESOLUTION NO. PC 2007-0075 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 2005-00679 1155 El Camino Real) WHEREAS, the applicant JRW Group Inc., proposes a proposed subdivision of a 1.71 acre, gross, lot into 41 multi -family lots and 8,000 square feet of commercial space; and WHEREAS, the City Council approved A Tentative Tract Map on February 14, 2006; and WHEREAS, the Planning Commission considered the proposed one year time extension at a meeting held September 4, 2007, setting the expiration date to February 14, 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 2005-0076 and CUP 2005-0170, to expire on February 14, 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: 9-4-07 Atascadero Planning Commission Staff Report - Community Development Department Tree Removal Permit PLN 2007-1229/TRP 2007-0114 1320 EI Camino Real (Glenn Ross) SUBJECT: A request to remove two (2) California Black Walnuts (13" and 24" at dbh) and three (3) Coast Live Oak (5", 6", and 14" at dbh). The two California Black Walnuts are located in the public frontage along EI Camino Real where road improvements are proposed and the Coast Live Oaks are directly impacted by on-site construction. RECOMMENDATION: Staff recommends: That the Planning Commission adopt Resolution PC 2007-0076 to approve the request to remove two (2) California Black Walnuts and three (3) Coast Live Oak subject to findings and Conditions of Approval. Situation and Facts: 1. Owner/Applicant: Ross Trust, PO Box 529, Santa Margarita, CA 93453 2. Certified Arborist: Steven Alvarez, 1565 EI Camino Real, Atascadero, CA 93422 3. Project Address: 1320 EI Camino Real, Atascadero, CA 93422 APN: 049-093-015 ITEM NUMBER: 3 DATE: 9-4-07 BACKGROUND: The lot is currently vacant. A nonconforming single-family house had occupied the lot, but was destroyed by fire approximately one year ago. Several trees were damaged by the fire. In July of 2007, building permits were applied for proposing a new 2,400 square -foot commercial office / storage building with associated parking and landscaping. The plans have gone through first plan check thus far. ANALYSIS: Due to the off-site frontage improvements required along EI Camino Real, the two California Black Walnuts will not survive. The arborist's report states that the two trees will be impacted 100% by proposed construction. One of the California Black Walnuts is 24" at breast height diameter, which requires Planning Commission approval to remove the tree. The three (3) Coast Live Oak trees require removal due to excavation of the site and proposed area of in -fill. All of the Coast Live Oaks proposed for removal are less than 24" at breast height diameter. The applicant has designed the project to save the 48" Coast Live Oak as shown on the site plan (Attachment 3). The report shows the tree will be impacted 55% by the proposed development, the City will bond for the tree. The cost for the mitigation deposit will be $800. Based on this analysis of the current condition of the trees, staff has identified finding (v) listed below as compliant to this request, permitting the Planning Commission to make a required finding for the removal of the native trees. If the requested removal is approved, the applicant will be required to mitigate the removal based on the requirements listed in the Atascadero Native Tree Ordinance as shown in the chart below. The applicant will be required to pay $2,450 or plant 49 five -gallon native trees of the same species proposed for removal. Evergreen Native Trees (inches) dbh notes 1 5 -inches 2 6 -inches 3 14 -inches 4 48 -inches 5 6 Total 73 -inches Mitigation Requirement req'd tree replacements: 24 five gal trees Proposed Replanting 0 five gal trees 0 box trees (24") ITEM NUMBER: 3 DATE: Deciduous Native Trees (inches) dbh notes 1 24 -inches 2 13 -inches 3 4 5 6 Total 37 -inches req'd tree replacements: 25 five gal trees Proposed Replanting 0 five gal trees 0 box trees (24") 9-4-07 Totals 110 -inches 49 five gal trees 0 five gal trees 0 box trees (24" Remaining Mitigation 24 five gal trees Remaining Mitigation 25 five gal treesI 49 five gal trees Tree Fund Payment: $ 1,216.67 Tree Fund Payment: $ 1,233.33 $ 2,450.1 As a point of clarification, the attached arborist's report included some typos when describing how many California Black Walnut and Coast Live Oak trees were to be removed. On the first page, Line #5 states "Four younger live oaks" when it should read "Three younger live oaks". Line #9 states "three black walnuts" when it should read "two black walnuts". The tree schedule provided by the arborist shows the correct number of removals. FINDINGS: Pursuant to the Tree Ordinance (Ordinance No. 214), "...decisions on native tree removals of 24 -inch dbh-size or larger shall be made by the Planning Commission." In considering any Tree Removal Permit request, at least one of the findings must be made. I. The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an arborist; II. The tree is crowded by other healthier native trees; thinning (removal) would promote healthier growth in the trees to remain, as certified by a tree condition report from an arborist; III. The tree is interfering with existing utilities and/or structures, as certified by a report from the site planner; IV. The tree is inhibiting sunlight needed for existing and/or proposed active or passive solar heating or cooling, as certified by a report from the site planner; V. The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the site planner and determined by the Community Development Department based on the following factors: a. Early consultation with the City, ITEM NUMBER: 3 DATE: 9-4-07 b. Consideration of practical design alternatives, c. Provision of cost comparisons (from applicant) for practical design alternatives, d. If saving tree eliminates all reasonable use of the property, or e. Saving the tree requires the removal of more desirable trees. ALTERNATIVES: 1. The Planning Commission can refer the project back to the applicant and staff for additional information. 2. The Planning Commission can deny the tree removal. CONCLUSION: The applicant is proposing the removal of five (5) native trees. The 24" California Black Walnut is within the area for the off-site public improvements for EI Camino Real. The smaller Coast Live Oaks and California Black Walnut are impacted or in the way of the construction on the site. Staff recommends approval of Resolution PC 2007-0076. PREPARED BY: Mathew Fawcett, Planning Technician ATTACHMENTS: Attachment 1: Project Location Attachment 2: Arborist Report Attachment 3: Site Plan Attachment 4: Photos Attachment 5: Draft Resolution PC 2007-0076 Attachment 1: Project Location Project Site: 1320 El Camino Real ITEM NUMBER: 3 DATE: 9-4-07 Zoning: CPK (Commercial Park) General Plan Designation: CPK (Commercial Park) Attachment 2: Arborist's Report ITEM NUMBER: 3 DATE: 9-4-07 A & T ARBOR=STS P.O. BOX 1311 TEMPLETON, CA 83485 (805) 4340131 7-5-07 RTC Engineering AUG 1 2007 Re: 1320 El Camino Real } This tree protection plan is in regard to the vacant lot located at 1326 EI Camino Real in ' Atascadero, California. There was an existing home on the property that was destroyed by fire approximately a year ago. Current plans are for a commercial building along with associated parking. There is one semi -mature coast live oak (Quercus agrifolia) that is to remain. Four younger live oaks are planned to be removed. Tree #8 is impacted 45% for the building over -excavation and it may not survive so it was included on the removal form. In addition, this young tree is too close to the planned foundation and will undoubtedly cause problems in the future. Along the El Camino Real frontage, there are three black walnuts (Juglans hindsii) that are planned to be removed. One of the three is dead and the other two are in very poor condition due to the fire. The lone tree to be saved is the largest tree on the property and is in fairly good condition considering some of the canopy was damaged in the fire. Proper pruning by a qualified arborist is required prior to any grading activity within the drip line. As shown on the plans, porous pavers are planned in a portion of the drip line. All associated support curbing excavation shall be monitored during construction. Utilities are not shown on the plans. All trenching shall be planned and take place at least five feet out of the drip line. Any trenching within the drip line shall first be approved by the project arborists and subsequently air spaded and monitored. It is the responsibility of the owner to provide a copy of this tree protection plan to any and all contractors and subs that work within the drip line of any native tree. It is highly recommended that each contractor sign and acknowledge this tree protection plan. This project shall require an on-site pre -construction meeting with the city, owner, grading contractor and the arborist. Topics will include fencing, monitoring and requirements for a positive final occupancy letter. All trees potentially impacted by this project are numbered and identified on both the grading plan and the spreadsheet. Trees are numbered on the grading plans and in the field with an aluminum tag. Tree protection fencing is shown on the grading plan. In the field, trees to be saved have yellow tape and trees to be removed have red tape. Tree Rating System A rating system of 1-10 was used for visually establishing the overall condition of each tree on the spreadsheet. The rating system is defined as follows: Rating Condition Attachment 2: Arborist's Report ITEM NUMBER: 3 DATE: 9-4-07 .r 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. 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. 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. 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 2-4" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist(s) shall advise. Chip Mulch: All areas within the drip line of the trees that cannot be fenced shalt receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction. Trenching Within Drip Line: All trenching for foundations within the drip line of native trees shall be hand dug. All major roots shall be avoided whenever possible. All exposed roots larger than I " in diameter shall be clean cut with sharp pruning tools and not left ragged. A Mandatory meeting between the arborists and Attachment 2: Arborist's Report ITEM NUMBER: 3 DATE: 9-4-07 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. 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. Exposed Roots: Any exposed roots shall be re-covered the same day they were exposed. If they cannot, they must be covered with burlap or another suitable material and wetted down 2x per day until re -buried. Paving Within The Drip Line: Pervious surfacing is preferred within the drip line of any native tree. If porous pavers are to be used, they shall incorporate at least 10% void space backfilled with pear gravel. Equipment Operation: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. Also there is to be no parking of equipment or personal vehicles in these areas. All areas behind fencing are off limits unless pre -approved by the arborist, 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. 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. Arborist Monitoring: An arborist shall be present for selected activities (trees identified on spreadsheet and items bulleted below). The monitoring does not necessarily have to be continuous but observational at times during these activities. It is the responsibility of the owner(s) or their designee to inform us prior to these events so we can make arrangements to be present. It is the responsibility of the owner to contract (prior to construction) a locally licensed and insured arborist that will document all monitoring activities. • pre -construction fence placement • any utility or drainage trenching within any drip line • All grading and trenching near trees requiring monitoring on the spreadsheet 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 Attachment 2: Arborist's Report ITEM NUMBER: 3 DATE: 9-4-07 native trees, and that all work done in these areas was completed to the standards set forth above. 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 roadihome clearance shall be pruned prior to any grading activities to avoid any branch tearing. 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. 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. Fertilization and Cultural Practices: As the project moves toward completion, the arborist(s) may suggest either fertilization and/or mycorrhiza applications that will benefit tree health. Mycorrhiza offers several benefits to the host plant, including faster growth, improved nutrition, greater drought resistance, and protection from pathogens. The included spreadsheet includes trees listed by number, species and multiple stems if applicable, diameter and breast height (4.5'), condition (scale from poor to excellent), status (avoided, impacted, removed, exempt), percent of drip line impacted, mitigation required (fencing, root pruning, monitoring), construction impact (trenching, grading), recommended pruning and individual tree notes. If all the above mitigation measures are followed, we feel there will be no additional long-term significant impacts to the remaining native trees. A & T Arborists strongly suggests that the responsible party (owner of their designee) make copies of this report. Any reproduction by A & T Arborists or changes to this original report will require an additional charge. Please let us know if we can be of any future assistance to you for this project. Steven G. Alvarez Certified Arborist #WC 0511 Chip Tamagni Certified Arborist #WE 6436-A Attachment 2: Arborist's Report ITEM NUMBER DATE 9407 0 A Q o 00-j CD CA w -L a; 22=&22 M \/\\ B / 000 7 2 / m g m $/,|§ - ]2) / o k k w§] - Q 75 X 2- - 5 § A«& o w q& dm k § §k = m = - m m - U) m ao \ & G 4 $ 2 2 / ■ % + 7 / a / 7 + \ E \ �k\\} -1 M1 z %§ / )f o Q o Q O o m 2 22} _= m 2 0§ 2 w- w -)\! Cl)}\\j E E f E f f§§ § {)\\ m / / $ m / / 2 § \ m \ REjE f / f \ \\ _ o ƒ n X _)1z § 2 f� �§ Co CD 0 n --p c k \ j % § t CD CD CL c 0 x -4 m = 5' U r < \ Attachment Site man ITEM NUMBER: 3 DATE: 9-4-07 Ho -Ho ----,f a ��•,. a ��o a i � � I yip m I= F 7L. —0 �',� i ., isS� . ';�`r ,�:�t�''.'ya•.:. .,a 48" L.O. to o r remain. Ji F a GG le r- 11Y44p "a Z.I�V • 1 .: 5� �'. �,c`.-^:,l -fit .1. .:C.'.l�: w�"..:':.:: �j,ry}:n�y� y�. r-F'n:y,.::''j'�� +. �.I� •�tit��:.:��', �,�;:. t'� i�': +�i :�;e �i }:'Y.rv„ �'Tr`i`:C•.�.+„`^.$at; �'3�4.i`k .',�:.:.' '1 — jL��:,r<.��,j�'t' �'-'.� iY. ,.. '� �� •�i'f� '��AK�b nt,� •ii� -"r � '+.' • Y 'f_ i. 'Ax :?_�'' '�'ai�b"}"r SJd�.+'�fi'3.�?� �'• L"��. �r� ., �_a .J� -id38 ONINVO 13" B.W. Attachment 4: Photos Mall", • lirtlM��' •� Ese yyi� ••� ITEM NUMBER: 3 DATE: 9-4-07 Attachment 5: Draft Resolution PC 2007-0076 DRAFT RESOLUTION PC 2007-0076 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING TREE REMOVAL PERMIT 2007-0114 TO ALLOW THE REMOVAL OF FIVE NATIVE TREES LOCATED AT 1320 EL CAMINO REAL APN 049-093-015 (TRP 2007-0114) WHEREAS, an application for a Tree Removal Permit has been received from Glenn Ross, 14248 Sandoval Road, Atascadero, CA 93422 (Property Owner and Applicant) to allow the removal of two (2) California Black Walnuts (13" and 24" at dbh) and three (3) Coast Live Oak (6", 5", and 14" at dbh). located at 1320 El Camino Real, APN 049-093-015, and, WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on September 14, 2007, and considered testimony and reports from staff, the applicants, and the public; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of Tree Removal Permit. The Planning Commission finds as follows: • The tree is 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: 1. Early consultation with the City, 2. Consideration of practical design alternatives, 3. Provision of cost comparisons (from applicant) for practical design alternatives, 4. If saving tree eliminates all reasonable use of the property, or 5. Saving the tree requires the removal of more desirable trees. 6. SECTION 2. Approval. The Planning Commission hereby approves Tree Removal Permit 2007-0114 subject to the following: Exhibit A: Conditions of Approval Exhibit B: Proposed Site Plan Exhibit C: Proposed Tree Protection Plan ITEM NUMBER: 3 DATE: 9-4-07 On motion by Commissioner , and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: 3 DATE: 9-4-07 Exhibit A. Conditions of Approval - Tree Removal - TRP 2007-0114 Conditions of Approval Timing Responsibility Mitigation TRP 2007-0114 /Monitoring Measure PR: Nor to Remova) PS: Planning Services 1320 EI Camino Real BL: Business License BS: Building Services BP: Building Permit FD: Fire Department TO: Temporary Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA City Attomey Planning Services 1. The applicant shall mitigate the removal of the trees in accordance PR PS with the requirements of the Atascadero Native Tree Ordinance. 2. Proper pruning is required prior to any grading activity within the drip BP PS/BS line of tree #5 (48" Coast Live Oak) by a qualified arborist. 3. Porous pavers will be utilized within a portion of the drip line of tree BP/FO BS #5 (48" Coast Live Oak) as shown on Exhibit C. 4. Any trenching within the drip line of tree #5 shall first be approved BP PS and monitored by the project arborist. 5. A letter form the arborist prior to final stating all the arborist FO PS recommendations have been followed and a description of the status of the 48" Coast Live oak. Evergreen Native Trees (inches) dbh 1 5 -inches 2 6 -inches 3 14 -inches 4 48 -inches 5 6 Total 73 -inches Mitigation Requirement req'd tree replacements: Proposed Replanting notes 24 five gal trees 0 five gal trees 0 box trees (24") Deciduous Native Trees (inches) dbh notes 1 24 -inches 2 13 -inches 3 4 5 6 Total 37 -inches req'd tree replacements: 25 five gal trees Proposed Replanting 0 five gal trees 0 box trees (24") Remaining Mitigation 24 five gal trees Remaining Mitigation 25 five gal trees Tree Fund Payment: $ 1,216.67 Tree Fund Payment: $ 1,233.33 Totals 110 -inches 49 five gal trees 0 five gal trees 0 box trees (24") 49 five gal trees $ 2,450.00 ITEM NUMBER: 3 DATE: 9-4-07 Exhibit C: Proposed Tree Protection Plan - TRP 2007-0114 r48" L.O. to remain MINI. Porous pavers MOE o T" Tree protection fencing DORS ,s• OV WE Oti= PIPE pwt• ac T1\ 71-c