HomeMy WebLinkAboutPC_2007-10-16_AgendaPacketCITY OF ATASCADERO
PLANNING COMMISSION AGENDA
Regular Meeting
Tuesday, October 16, 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 October 16, 2007
Page 2 of 5
(All items on the consent calendar are considered to be routine and non -controversial by City Staff and will
be approved by one motion if no member of the Commission or public wishes to comment or ask questions.)
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON OCTOBER 2, 2007.
2. APPROVAL OF TIME EXTENSION ON TENTATIVE TRACT MAP 2005-0068,
9300 PINO SOLO AND TTM 2003-0044, 9105 PRINCIPLE AVE., (PRINCIPLE
PARTNERS, LPIWALLACE GROUP)
COMMUNITY DEVELOPMENT STAFF REPORTS
PUBLIC HEARINGS
(For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public
hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide
testimony to the Commission following the applicant. Speakers should state their name and address for the record and can address the
Commission for five minutes. After all public comments have been received, the public hearing will be closed, and the Commission
will discuss the item and take appropriate action(s))
3. PLN 2099-1108,6575 SYCAMORE ROAD BMX TRACK
Applicant:
Atascadero BMX (ABMX)
Tom Jordan, Jordan Environmental Services, 8255 Graves Creek Rd, Atascadero, CA 93422
Owner:
Atascadero Mutual Water Company
5005 EI Camino Real, Atascadero, CA 93422
Project Title:
PLN 2099-1108, Zone Change 2005-0108, Conditional Use Permit 2005-0168
Project
6575 Sycamore Road, Atascadero, CA 93422
Location:
(San Luis Obispo County)
Lot 10, 4 -RM -80A (APN 028-111-003) and Lot 11 4 -RM -81 A (APN 028-121-001)
Project
The project consists of an application for a Zone Text Amendment, a Zone Map Change, and
Description:
a Conditional Use Permit to establish a Planned Development Overlay Zone that would allow
a dirt track for Bicycle Motocross (BMX) on an existing lot owned by Atascadero Mutual
Water Company adjacent to the Salinas River. The Planned Development Overlay Zone
Change would be site specific and include a Master plan of Development (CUP) that would
include the construction of a BMX Track, a registration and concession building, portable
restroom facilities, and a utility building. Overflow parking is proposed within the Caltrans
right-of-way under the existing Highway 41 bridge across the Salinas River. No lighting is
proposed as part of this project.
General Plan Designation: Industrial (1)
Zoning District: Industrial Park (IP)
Proposed
Based on the Initial Study prepared for the project, a Mitigated Negative Declaration is
Environmental
proposed. The proposed Mitigated Negative Declaration is available for public review at 6907
Determination:
EI Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday
through Friday.
City of Atascadero Planning Commission Agenda
4. PLN 2007-1244, 6040 EL CAMINO REAL
Regular Meeting October 16, 2007
Page 3 of 5
Owner:
Patrick Gaughan, 10630 San Marcos Road, Atascadero, CA 93422
Applicant:
Kevin Gogstetter, 2470 Homestead Road, Templeton, CA 93465
Project Title:
PLN 2007-1244, CUP 2007-0218
Project
6040 EI Camino Real, Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 030-191-001
Project
The proposed project consists of an application for a Conditional Use Permit to establish an
Description:
indoor auto and vehicle dealership for the purpose of selling motorcycles within an existing
Location:
building at 6040 EI Camino Real.
Project
General Plan Designation: Downtown (D)
Description:
Zoning District: Downtown Commercial (DC)
Proposed
Class 1, Categorical Exemption Section 15301: Existing Facilities
Environmental
Amendment of the Master Plan of Development for Planned Development -8 to replace an
Determination:
existing golf course with two Single -Family Residences, and Parcel Map to subdivide 10.1 acres
5. PLN -2099-0818,13000 ATASCADERO AVENUE
Owner:
Kelly Gearhart, 6205 Alcantara Ave., Atascadero, CA 93422
Project Title:
Eagle Creek Golf Course
General Plan Amendment / Zone Change / Planned Development Amendment and Not
Parcel Map
PLN -2099-0818, General Plan Amendment 2005-0016, Zone Change 2005-0111,
Conditional Use Permit 2005-0175, Tentative Parcel Map 2005-0080
Project
13000 Atascadero Road, Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 045-391-015, 016
Project
The proposed project consists of a General Plan Amendment of 10.0 acres from CREC
Description:
(Commercial Recreation) to RSF-Y (Residential Single -Family 1.0 acre min), Zone Change of
10.0 acres from LS (Special Recreation) to SFR -Y (Single -Family Residential 1.0 acre min),
Amendment of the Master Plan of Development for Planned Development -8 to replace an
existing golf course with two Single -Family Residences, and Parcel Map to subdivide 10.1 acres
into two lots. The proposed project is located within the 100 -year flood plain.
General Plan Designation: REC (Recreation)
Zoning District: L (Recreation)
Proposed
Based on the above findings, and the information contained in the Initial Study 2007-0022 (made
Environmental
a part hereof by reference and on file in the Community Development Department), it has been
Determination:
determined that the above project will not have an adverse impact on the environment when the
following proposed mitigation measures are incorporated into the project.
City of Atascadero Planning Commission Agenda
6. PLN 2006-1111, CONDOMINIUM ORDINANCE UPDATE
Regular Meeting October 16, 2007
Page 4 of 5
Applicant:
City of Atascadero, 6907 EI Camino Real, Atascadero, CA 93422, Phone: 461-5000
Project Title:
PLN -2006-1111 / Zone Change 2006-0118
Project
The proposed zoning changes would affect the RMF -10 and RMF -16 Multi -Family Zoning
Location:
Districts Citywide.
Project
The purpose of the hearing is to review a draft Condominium Ordinance resulting from the Joint
Description:
Planning Commission and City Council meeting on February 20, 2007. The City's existing
condominium regulations are proposed to be updated and codified in Title 9 of the City's
Municipal Code. The Planning Commission will be making recommendations to the City Council
on the Draft Ordinance.
COMMISSIONER COMMENTS AND REPORTS
DIRECTOR'S REPORT
ADJOURNMENT
The next regular meeting of the Planning Commission will be on November 6, 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 October 16, 2007
Page 5 of 5
City of Atascadero
WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING
The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00
p.m., at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the
Commission in the order of the printed Agenda.
Copies of the staff reports or other documentation relating to each item of business referred to on the
Agenda are on file in the office of the Community Development Department and are available for public
inspection during City Hall Annex business hours at the Community Development counter and on our
website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero
Library, 6850 Morro Road. All documents submitted by the public during Commission meetings that are
either read into the record or referred to in their statement will be noted in the minutes and available for
review in the Community Development Department.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in
a City meeting or other services offered by this City, please contact the City Manager's Office, (805)
461-5000, or the City Clerk's Office, (805) 461-5000. Notification at least 48 hours prior to the meeting or
time when services are needed will assist the City staff in assuring that reasonable arrangements can be
made to provide accessibility to the meeting or service.
TO SPEAK ON AGENDA ITEMS
Members of the audience may speak on any item on the agenda. The Chairperson will identify the
subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will
announce when the public comment period is open and will request anyone interested to address the
Commission regarding the matter being considered to step up to the podium. If you wish to speak for,
against, or comment in any way:
• You must approach the podium and be recognized by the Chairperson
• Give your name and address (not required)
• Make your statement
• All comments should be made to the Chairperson and Commission
• All comments limited to 5 minutes (unless changed by the Commission)
• No one may speak for a second time until everyone wishing to speak has had an opportunity
to do so, and no one may speak more than twice on any item.
If you wish to use a computer presentation to support your comments, you must notify the Community
Development Department at least 24 hours prior to the meeting. Access to hook up your laptop to the
City's projector will be provided. You are required to submit to the Recording Secretary a printed copy
of your presentation for the record. Please check in with the Chairperson before the meeting begins to
announce your presence and turn in the printed copy.
The Chairperson will announce when the public comment period is closed, and thereafter, no further
public comments will be heard by the Council.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, "PUBLIC HEARINGS", the Chairperson will call for anyone from the audience having
business with the Commission to:
• Please approach the podium and be recognized
• Give your name and address (not required)
• State the nature of your business
This is the time items not on the Agenda may be brought to the Commission's attention. A maximum of
30 minutes will be allowed for Community Forum (unless changed by the Commission).
CALL TO ORDER
ITEM NUMBER: 1
DATE: 10-16-07
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT MINUTES
Regular Meeting
Tuesday, October 2, 2007 — 7:00 P.M.
Chairperson O'Keefe called the meeting to order at 7:00 p.m. and Commissioner
Heatherington led the Pledge of Allegiance.
Pr)l I rAl I
Present: Commissioners Heatherington, Jack, Marks, O'Grady, Fonzi and
Chairperson O'Keefe
Absent: Commissioner Slane (excused absence)
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, Senior Planner Kelly
Gleason, and Assistant Planner Callie Taylor.
Chairperson O'Keefe read the decorum guidelines.
PLANNING COMMISSION BUSINESS
APPROVAL OF AGENDA
MOTION: By Commissioner Jack and seconded by Vice Chairperson
Fonzi to approve the agenda.
Motion passed 6:0 by a roll -call vote.
PC Draft Minutes 10/02/07
Page 1 of 5
DISCLOSURE OF EX PARTE COMMUNICATIONS:
■ Commissioner Marks stated he visited the site on Item #2 and discussed the item
with his family.
■ Vice Chairperson Fonzi stated she visited the site for Item #2, but had no ex parte
communications.
■ Commissioner Jack stated he visited the site for Item #2.
■ Commissioner O'Grady stated he visited the site for Item #2 but had no
conversation with anyone about it.
PUBLIC COMMENT
None
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON SEPTEMBER 18, 2007.
MOTION: By Commissioner Jack and seconded by Vice Chairperson
Fonzi to approve Item #1.
Motion passed 6:0 by a roll -call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS
2. PLN 2007-1228, TREE REMOVAL FOR 5250 ARDILLA ROAD
Owner:
John Ferguson, 192 Country Club Dr., SLO, CA 93401
Certified
Arborist:
Steve Alvarez, A&T Arborists, PO Box 1311, Templeton, CA 93465
Project Title•
PLN 2007-1228/TRP 2007-0112/PPN 2007-0229
Project Location:
5250 Ardilla Rd., Atascadero, CA 93422
APN 030-251-023
Project
Description:
A request to remove 5 existing native trees totaling 70 inches DBH for the construction of a
single-family residence and access driveway.
Assistant Planner Callie Taylor gave the staff report and answered questions of the
Commission.
PC Draft Minutes 10/02/07
Page 2 of 5
PUBLIC COMMENT
John Ferguson, applicant, stated he worked hard to position the home on the property
to limit impacts to the site, and answered questions of the Commission.
Chip Tamagni, applicant's arborist, answered questions of the Commission.
Steve Clemeck, neighbor to this site, explained his concerns regarding animal
protection, drainage, and safety issues on Ardilla Road, and asked if this lot has had a
four corner survey.
Donald Cross, neighbor to this site, asked how Ardilla Avenue would look after this is
completed. He suggested adding curbing to channel water and inquired if the road
would be resurfaced after the trenches are repaired.
Julia Cochella stated she lives above this lot and expressed concern because there is a
culvert that runs across her yard and goes through the applicant's lot. She spoke about
severe water drainage and flooding issues in this area from the upper houses, and
asked about noise issues related to the tree cutting.
Chairperson O'Keefe closed the Public Comment period.
City Engineer Steve Kahn addressed the issue of the culvert and drainage on this
property.
Assistant Planner Callie Taylor addressed the issues of noise, wildlife habitat, and
construction vehicles on Ardilla Road.
Commissioner Marks expressed concern with the drainage and flooding issues raised
by the neighbors. He stated he cannot support the tree removals or the project as it is
not consistent with state law requiring a 100 foot separation between a significant water
course and a leach field.
City Engineer Steve Kahn read the definition of "water course" from the Basin Plan,
explained how staff had determined this was a swale, and stated the city's Plumbing
Code requires a 50 foot setback from swales.
MOTION: By Commissioner Jack and seconded by Vice Chairperson
Fonzi to adopt Resolution PC 2007-0081 approving the request
to remove 2 Live Oaks and 3 Valley Oaks subject to the
guidelines and mitigation required by the Atascadero
Municipal Code and Native Tree Ordinance.
Motion passed 4:2 by a roll -call vote. (Heatherington, Marks
opposed)
PC Draft Minutes 10/02/07
Page 3 of 5
Commissioner Heatherington stated for the record she voted against the motion
because she is not comfortable with the drainage situation and the impact to the
remaining trees.
3. APPEARANCE REVIEW FOR RESIDENTIAL PROJECTS
A STAFF PRESENTATION REGARDING PLANNING COMMISSION
APPEARANCE REVIEW OF RESIDENTIAL NEIGHBORHOOD DESIGN
AND DEVELOPMENT IN ATASCADERO.
Deputy Community Development Director Steve McHarris, Senior Planner Kelly
Gleason, and Assistant Planner Callie Taylor gave the staff report and answered
questions of the Commission.
Chairperson O'Keefe recessed the hearing at 8:29 p.m.
Chairperson O'Keefe called the meeting back to order at 8:38 p.m.
PUBLIC HEARINGS
4. TO BE CONTINUED TO OCTOBER 16, 2007
PLN 2099-1108, 6575 SYCAMORE ROAD BMX TRACK
Applicant:
Atascadero BMX (ABMX)
Tom Jordan, Jordan Environmental Services, 8255 Graves Creek Rd, Atascadero, CA
93422
Owner:
Atascadero Mutual Water Company
5005 EI Camino Real, Atascadero, CA 93422
Project Title•
ZCH 2005-0108/CUP 2005-0168
Project Location:
6575 Sycamore Road, Atascadero, CA 93422, (San Luis Obispo County)
Lot 10, 4 -RM -80A (APN 028-111-003) and Lot 11 4 -RM -81 A (APN 028-121-001)
Project
The project consists of an application for a Zone Text Amendment, a Zone Map
Description:
Change, and a Conditional Use Permit to establish a Planned Development Overlay
Zone that would allow a dirt track for Bicycle Motocross (BMX) on an existing lot owned
by Atascadero Mutual Water Company adjacent to the Salinas River. The Planned
Development Overlay Zone Change would be site specific and include a Master plan of
Development (CUP) that would include the construction of a BMX Track, a registration
and concession building, portable restroom facilities, and a utility building. Overflow
parking is proposed within the Caltrans right-of-way under the existing Highway 41
bridge across the Salinas River. No lighting is proposed as part of this project.
General Plan Designation: Industrial (1)
Zoning District: Industrial Park (IP)
Proposed
Based on the initial study prepared for the project, a Mitigated Negative Declaration is
Environmental
proposed. The proposed Mitigated Negative Declaration is available for public review at
Determination:
6907 EI Camino Real, Community Development Department, from 8:00 a.m. to 5:00
PC Draft Minutes 10/02/07
Page 4 of 5
p.m., Monday through Friday.
COMMISSIONER COMMENTS AND REPORTS
Deputy Community Development Director Steve McHarris reported on the progress of
the Fetyko PD along north EI Camino Real.
DIRECTOR'S REPORT
Community Development Director Warren Frace updated the Commission on the Eagle
Ranch project, the Wal Mart / Annex projects, the next City Council meeting, and
reviewed the agenda for the next Planning Commission meeting.
ADJOURNMENT
Chairperson O'Keefe adjourned the meeting at 9:08 p.m. to the next regularly
scheduled meeting of the Planning Commission on October 16, 2007.
MINUTES PREPARED BY:
Grace Pucci, Recording Secretary
PC Draft Minutes 10/02/07
Page 5 of 5
ITEM NUMBER: 2
DATE: 10-16-07
Planning Commission Staff Report
Staff Report - Consent Calendar
Time Extension
TTM 2005-0068, 9300 Pino Solo
TTM 2003-0044, 9105 Principal Ave
(Principle Partners, LP / Wallace Group)
SUBJECT:
Consideration of a one-year Time Extension for Tentative Tract Map TTM 2003-0044
and TTM 2005-0068.
RECOMMENDATION:
Staff Recommends:
1. Adopt Resolution PC 2007-0088 thereby approving a one-year Time Extension of
Tentative Tract Map 2003-0044 in compliance with Sections 11-4.23(a) and 11-
4.33(b) of the Subdivision Ordinance; and
2. Adopt Resolution PC 2007-0095, thereby approving a one-year Time Extension
of Tentative Tract Map 2005-0068 in compliance with Sections 11-4.23(a) and
11-4.33(b) of the Subdivision Ordinance.
SITUATION AND FACTS:
1. Owner: Principle Partners, LP, 895 Aerovista Place, Suite
100, San Luis Obispo, CA 93401
2. Applicant: Wallace Group, 612 Clarion Court, San Luis
Obispo, CA 93401
3. Project Address: 9105 Principal Ave and 9300 Pino Solo Ave,
Atascadero, CA 93422, APN: 030-491-001, 013,
015, 016, 017, 018
4. General Plan Designation: General Commercial (GC) and Medium Density
Residential (MDR)
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Ext.#2 PC staff report.doc
5. Zoning District:
6. Site Area:
7. Existing Use:
8. Environmental Status:
DISCUSSION:
Background:
ITEM NUMBER: 2
DATE: 10-16-07
CR/RMF/PD-24 (Commercial Retail / Residential
Multi-Family-10/Planned Development #24)
5.52 acres (Combined)
Vacant Land
Class 3(b) Categorical Exemption
On October 12, 2004, the City Council approved the EI Camino Real / Principal Avenue
Mixed -Use project for an 8,320 square -foot commercial / office building along EI Camino
Real, an 8,230 square -foot live / work building along Principal Avenue, which includes 5
residential units with office space on the ground floor, and 40 multi -family residential
units. The project approval also included the potential to construct four additional
residential units on a separate parcel located at the northwest corner of Principal and
Pino Solo Avenue which was subsequently approved on May 17, 2005.
Status:
The applicant has notified the City that due to economic conditions, the project has
been put on hold until further notice.
Analysis:
The Subdivision Map Act mandates an initial two-year life and, by local ordinance, the
City can extend initial life up to an additional 12 months. Additionally, the City may
extend the time at which the map expires for a period or periods not to exceed a total of
five years. These are discretionary extensions. The application for the extension must
be filed prior to the expiration date. The Planning Commission has discretion on whether
they want to extend the map, or they can defer the decision to the City Council.
The Planning Commission may add or modify any Conditions of Approval, prior to
granting the Time Extension, to ensure the project remains consistent with updated
ordinances and policies. Staff is not recommending any modifications with this Time
Extension.
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Ext.#2 PC staff report.doc
ITEM NUMBER: 2
DATE: 10-16-07
Map History:
TTM 2003-0044
Approval
Expiration
Original Approval
10/12/04
10/12/06
Extension #1
11/7/06
10/12/07
Proposed Extension #2
(Applied 9/6/07) 10/16/07
10/12/08
TTM 2005-0068
Approval
Expiration
Original Approval
5/17/05
5/17/07
Extension #1
11/7/06
5/17/08
Proposed Extension #2
(Applied 9/6/07) 10/16/07
5/17/09
CONCLUSION:
The City Council found the proposed subdivision map, as conditioned, is consistent with
the 2002 General Plan and Zoning Ordinance and the lot configurations are consistent
with the requirements of the Subdivision Ordinance. Staff recommends the Planning
Commission approve the Time Extension as requested.
ALTERNATIVES:
1. The Commission may approve the Time Extension subject to additional or revised
project conditions.
2. The Commission may deny the Time Extension if it is found to be inconsistent with
the General Plan or any of the other required findings. The Commission's motion to
deny must include a finding basis for denial.
3. The Commission may continue the hearing and refer the item back to staff for
additional information or analysis. Direction should be given to staff and the
applicant on required information.
PREPARED BY: Steve McHarris, Deputy Community Development Director
ATTACHMENTS:
Attachment 1 —
Location Map, TTM 2003-0044 (General Plan & Zoning)
Attachment 2—
Conditions of Approval / Mitigation Monitoring TTM 2003-0044
Attachment 3 —
Draft Resolution 2007-0088 (TTM 2003-0044)
Attachment 4 —
Location Map, TTM 2005-0068 (General Plan & Zoning)
Attachment 5
— TTM 2005-0068 Approved Conditions of Approval and Mitigation
Monitoring
Attachment 6 —
Draft Resolution 2007-0095 (TTM 2005-0068)
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ITEM NUMBER
DATE: 10-16-07
ATTACHMENT 1: Location Map (General Plan / Zoning)
TTM 2003-0044
9105 Principal Ave
Zoning District: CR/RMF/PD24 (Commercial
Retail/Residential Multi-Family-10/Planned Development
#24)
Land Use Designation: General Commercial (GC) and
AA_ -.-- P -.__:1.. 1"1__: J_._1:_I /A AP11
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Ext.#2 PC staff report.doc
ITEM NUMBER
DATE: 10-16-07
Attachment 2: Conditions of Approval / Mitigation Monitoring
TTM 2003-0044
Conditions of Approval /
Timing
Responsibility /
Mitigation
Mitigation Monitoring Program
Monitoring
Measure
GP: Grading
PS: Planning Services
9105 Principal Ave
Permit
BP: Building Permit
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Ma
9 p
SIP: Subdivision
Improvement Plans
PD: Police Department
CE: City Engineer
TTM 2003-0044
FM: Final Map
TO: Temporary
WW: Wastewater
CA: City Attorney
Occupancy
AMWC: Water Comp.
FI: Final inspection
F0: Final
Occupancy
Planning Services
1. 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 2003-0070 and ZCH 2004-0083 upon second
reading, unless prior to that time, an appeal to the decision is filed as
set forth in Section 9-1.111(b) of the Zoning Ordinance.
2. Approval of this Tentative Tract Map shall be valid for two years after its
FM
PS
effective date. At the end of the period, the approval shall expire and
become null and void unless an extension of time is granted pursuant
to a written request received prior to the expiration date.
3. The Community Development Department shall have the authority to
FM
PS
approve minor changes to the project that (1) result in a superior site
design or appearance, and/or (2) address a design issue that is not
substantive to the Tentative Tract Map and that the Final Map is in
substantial conformance with the Tentative Map.
4. The granting of this entitlement shall apply to the property located at
On
PS
9105 Principal Ave / EI Camino Real (APN 030-491-013, 015, 018)
goi
regardless of owner.
ng
5. The Final Map shall be drawn in substantial conformance with the
FM
PS
approved Tentative Map, and in compliance with all conditions set forth
herein, shall be submitted for review and approval in accordance with
the Subdivision Map Act and the City's Subdivision Ordinance.
6. The subdivider shall defend, indemnify, and hold harmless the City of
FM
PS
Atascadero or its agents, officers, and employees against any claim or
action brought to challenge an approval by the City, or any of its
entities, concerning the subdivision.
7. The Tract Map shall be subject to additional fees for park or recreation
FM
PS
purposes (QUIMBY Act) as required by City Ordinance.
8. The emergency services and facility maintenance costs listed below
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
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Ext.#2 PC staff report.doc
ITEM NUMBER
DATE: 10-16-07
Conditions of Approval /
Timing
Responsibility I
Mitigation
Mitigation Monitoring Program
Monitoring
Measure
GP: Grading
PS: Planning Services
9105 Principal Ave
Permit
BP: Building Permit
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Ma
9 p
SIP: Subdivision
Improvement Plans
PD: Police Department
CE: City Engineer
TTM 2003-0044
FM: Final Map
TO: Temporary
WW: Wastewater
CA: City Attorney
Occupancy
AMWC: Water Comp.
FI: Final inspection
F0: Final
Occupancy
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.
9. 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.
■ All streets, bridges, sidewalks, streetlights, street signs, roads,
emergency access roads, emergency access gates, and sewer
mains within the project.
■ All parks, trails, recreational facilities and like facilities.
■ All open space and native tree preservation areas.
■ All drainage facilities and detention basins.
■ All creeks, flood plains, floodways, wetlands, and riparian
habitat areas.
■ All common landscaping areas, street trees, medians, parkway
planters, manufactured slopes outside private yards, and other
similar facilities.
■ All frontage landscaping and sidewalks along arterial streets
10. Prior to recordation of Final Map, the project applicant shall enter
BP
PS
into an agreement with the City of Atascadero to pay any future
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Ext.#2 PC staff report.doc
ITEM NUMBER
DATE: 10-16-07
Conditions of Approval /
Timing
Responsibility I
Mitigation
Mitigation Monitoring Program
Monitoring
Measure
GP: Grading
PS: Planning Services
9105 Principal Ave
Permit
BP: Building Permit
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Ma
9 p
Imp subdivision
Improvement Plans
PD: Police Department
CE: City Engineer
TTM 2003-0044
FM: Final Map
TO: Temporary
WW: Wastewater
CA: City Attorney
Occupancy
AMWC: Water Comp.
FI: Final inspection
F0: Final
Occupancy
reimbursement fees associated with interim improvements made to
the Santa Rosa / US 101 interchange and frontage roads, as
approved by Caltrans. The amount of reimbursement shall be
determined by a traffic study that demonstrates a nexus for all
parcels included in the reimbursement area.
11. Deed notification shall be applied to each of the new lots, notifying
BP
PS
homeowners that adjacent residential lots may be used for agricultural
purposes, including keeping of livestock animals, facilities, and
equipment. Deed notification shall also include noise associated with
business activities on adjacent commercial properties.
12. Prior to Final Map, the applicant shall submit CC&Rs for review and
BP
PS
approval by the Community Development Department. The CC&R's
shall record with the Final Map and shall include the following:
■ Provisions for maintenance of all common areas including access,
parking, street trees, fencing and landscaping.
■ A detailed list of each individual homeowner's responsibilities for
maintenance of the individual units.
■ Individual unit's responsibility for keeping all trash receptacles
within the unit's garage.
■ 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.
13. Affordable Housing Requirement: The applicant shall deed restrict a
GP/BP
PS, CA
minimum of 9 residential units for 30 years, as follows:
■ 2 units at the very -low income rate,
■ 3 units at the low-income rate,
■ 4 units at the moderate 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
BP
PS, CA
shall enter into a legal agreement with the City to reserve 1/2 of the units
for sale to residents or workers within the City of Atascadero, including
the affordable units. The agreement shall include the following
provisions:
■ 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
\\Cityhall\cdvlpmnt\- pre 06 PI -Ns (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 03\TTM 2003-0044\TTM 2003-0044 Time
Ext.#2 PC staff report.doc
ITEM NUMBER
DATE: 10-16-07
Conditions of Approval /
Timing
Responsibility I
Mitigation
Mitigation Monitoring Program
Monitoring
Measure
GP: Grading
PS: Planning Services
9105 Principal Ave
Permit
BP: Building Permit
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Ma
9 p
SIP: Subdivision
Improvement Plans
PD: Police Department
CE: City Engineer
TTM 2003-0044
FM: Final Map
TO: Temporary
WW: Wastewater
CA: City Attorney
Occupancy
AMWC: Water Comp.
FI: Final inspection
F0: Final
Occupancy
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
The City Attorney shall approve the final form of the agreement.
Fire Marshal
15. Final street name selection shall be consistent with the future street
FM
PS, CE
extension, subject to staff approval
16. Note that approved address signage is to be provided.
FM
CE
17. Fire lanes shall be delineated to restrict parking as required by the
FM
CE
Fire Authority.
City Engineer Conditions
PROJECT SPECIFIC CONDITIONS
Drainage:
18. Obtain approval by the City Engineer of the grading & drainage plan
BP, GP
CE
and the storm drain design & facilities.
19. Submit calculations to support the design of any structures or pipes.
BP, GP
CE
Closed conduits shall be designed to convey the 10 -year flow with
gravity flow, the 25 -year flow with head, and provide safe conveyance
for the 100 -year overflow.
20. Provide for the detention of the 50 -year developed storm runoff, while
BP, GP
CE
metering out the 2 -year undeveloped storm runoff.
21. Show the method of dispersal at all pipe outlets. Include specifications
BP, GP
CE
for size & type.
22. Acquire drainage easements where needed. Drainage shall cross lot
BP, GP
CE
lines only where a drainage easement has been provided.
\\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 03\TTM 2003-0044\TTM 2003-0044 Time
Ext.#2 PC staff report.doc
ITEM NUMBER
DATE: 10-16-07
Conditions of Approval /
Timing
Responsibility I
Mitigation
Mitigation Monitoring Program
Monitoring
Measure
GP: Grading
PS: Planning Services
9105 Principal Ave
Permit
BP: Building Permit
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Ma
9 p
Imp subdivision
Improvement Plans
PD: Police Department
CE: City Engineer
TTM 2003-0044
FM: Final Map
TO: Temporary
WW: Wastewater
CA: City Attorney
Occupancy
AMWC: Water Comp.
FI: Final inspection
F0: Final
Occupancy
23. Concentrated drainage from off-site areas shall be conveyed across the
BP, GP
CE
project site in drainage easements. Acquire drainage easements where
needed. Drainage shall cross lot lines only where a drainage easement
has been provided. If drainage easement can not be obtained the storm
water release must follow the exact historic path, rate and velocity as
prior to the subdivision.
Public Improvements and Maintenance:
Gusta Road
24. Gusta Road shall be improved to include a City Standard turn
BP, GP
CE
around. Curb, Gutter and Sidewalk shall extend to the project
boundary as shown on the Tentative Tract Map or as approved by
the City Engineer.
Principal Avenue
25. Principal Avenue shall be improved to City Standard in conformance
BP, GP
CE
with the Tentative Tract Map.
EI Camino Real
26. EI Camino Real shall be improved to include sidewalks and
BP, GP
CE
handicap ramps. Width of sidewalk shall be approved by the City
Engineer, and shall be in conformance with adjacent properties.
27. Applicant shall underground utilities on EI Camino Real.
BP, GP
CE
28. The applicant must provide for the repair and maintenance of on-site
FM
CE
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.
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Ext.#2 PC staff report.doc
ITEM NUMBER
DATE: 10-16-07
Conditions of Approval /
Timing
Responsibility I
Mitigation
Mitigation Monitoring Program
Monitoring
Measure
GP: Grading
PS: Planning Services
9105 Principal Ave
Permit
BP: Building Permit
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Ma
9 p
Imp Subdivision
Improvement Plans
PD: Police Department
CE: City Engineer
TTM 2003-0044
FM: Final Map
TO: Temporary
WW: Wastewater
CA: City Attorney
Occupancy
AMWC: Water Comp.
FI: Final inspection
F0: Final
Occupancy
29. All public improvements shall be constructed in conformance with the
BP, GP
CE
City of Atascadero Engineering Department Standard Specifications
and Drawings or as directed by the City Engineer.
30. Full frontage improvements are required with this development. These
BP, GP
CE
include curb, gutter, sidewalk and pave out. Public Improvement plans
shall be submitted detailing the design.
31. Prior to issuance of building permits, the applicant shall submit a
BP, GP
CE
grading and drainage plan with a separate sheet(s) devoted to
sedimentation and erosion control, prepared by a registered civil
engineer for review and approval by the City Engineer.
SANITARY SEWER CONDITIONS
32. The Public Works Department shall approve all wastewater facilities
BP, GP
WW
prior to construction. This includes pumps, force mains, cleanouts,
manholes and connections.
33. Applicant shall pay sewer extension (annexation) fees upon issuance of
BP, GP
WW
building permit. Sewer Connection and Reimbursement fees shall be
payable upon actual connection of the building sewer to the public
sewer system.
34. Gravity mains and other sewer facilities within the subdivision shall be
BP, GP
WW
privately owned and maintained.
35. Gravity mains within the subdivision shall be eight (8) inches in
BP, GP
WW
diameter.
STANDARD CONDITIONS
36. All public improvements shall be constructed in conformance with the
BP, GP
CE
City of Atascadero Engineering Department Standard Specifications
and Drawings or as directed by the City Engineer.
37. In the event that the applicant is allowed to bond for the public
FM
CE
improvements required as a condition of this map, the applicant shall
enter into a Subdivision Improvement Agreement with the City Council.
38. 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.
39. The Subdivision Improvement Agreement shall record concurrently with
FM
CE
the Final Map.
40. The applicant shall be responsible for the relocation and/or alteration of
BP, GP
CE
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Ext.#2 PC staff report.doc
ITEM NUMBER
DATE: 10-16-07
Conditions of Approval /
Timing
Responsibility I
Mitigation
Mitigation Monitoring Program
Monitoring
Measure
GP: Grading
PS: Planning Services
9105 Principal Ave
Permit
BP: Building Permit
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Ma
9 p
SIP: Subdivision
Improvement Plans
PD: Police Department
CE: City Engineer
TTM 2003-0044
FM: Final Map
TO: Temporary
WW: Wastewater
CA: City Attorney
Occupancy
AMWC: Water Comp.
FI: Final inspection
F0: Final
Occupancy
existing utilities.
41. The applicant shall install all new utilities (water, gas, electric, cable TV
BP, GP
CE
and telephone) underground. Utilities shall be extended to the property
line frontage of each lot or its public utility easement.
42. The applicant shall monument all property corners for construction
FM
CE
control and shall promptly replace them if disturbed.
43. The applicant shall acquire title interest in any off-site land that may be
FM
CE
required to allow for the construction of the improvements. The
applicant shall bear all costs associated with the necessary
acquisitions. The applicant shall also gain concurrence from all adjacent
property owners whose ingress and egress is affected by these
improvements.
44. Slope easements shall be provided as needed to accommodate cut of
FM
CE
fill slopes.
45. Drainage easements shall be provided as needed to accommodate
FM
CE
both public and private drainage facilities.
46. The final map shall be signed by the City Engineer prior to the map
FM
CE
being placed on the agenda for City Council acceptance.
47. Prior to recording the Tract Map, the applicant shall submit a map
FM
CE
drawn in substantial conformance with the approved tentative map and
in compliance with all conditions set forth herein. The map shall be
submitted for review and approval by the City in accordance with the
Subdivision Map Act and the City's Subdivision Ordinance.
48. Prior to recording the Tract Map, the applicant shall set monuments at
FM
CE
all new property corners. A registered civil engineer or licensed land
surveyor shall indicate by certificate on the parcel map, that corners
have been set or shall be set by a date specific and that they will be
sufficient to enable the survey to be retraced.
49. Prior to recording the Tract Map, the applicant shall pay all outstanding
plan check/inspection fees.
50. Prior to recording the map, the applicant shall complete all
FM
CE
improvements required by these Conditions of Approval.
51. 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 indicating their
review of the map. The letter shall identify any new easements that
may be required by the utility company. A copy of the letter shall be
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Ext.#2 PC staff report.doc
ITEM NUMBER
DATE: 10-16-07
Conditions of Approval /
Timing
Responsibility I
Mitigation
Mitigation Monitoring Program
Monitoring
Measure
GP: Grading
PS: Planning Services
9105 Principal Ave
Permit
BP: Building Permit
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Ma
9 p
SIP: Subdivision
Improvement Plans
PD: Police Department
CE: City Engineer
TTM 2003-0044
FM: Final Map
TO: Temporary
WW: Wastewater
CA: City Attorney
Occupancy
AMWC: Water Comp.
FI: Final inspection
F0: Final
Occupancy
submitted to the City. New easements shall be shown on the map.
52. 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.
53. Prior to the final inspection of any public improvements, the applicant
FM
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.
54. Prior to the final inspection, the applicant shall submit a written
BP, GP
CE
certification from a registered civil engineer or land surveyor that all
survey monuments have been set as shown on the Final Map.
55. An encroachment permit shall be obtained prior to any work within City
BP, GP
CE
right-of-ways.
56. Prior to the issuance of building permits the applicant shall submit a
BP, GP
CE
grading and drainage plan prepared by a registered civil engineer for
review and approval by the City Engineer.
Atascadero Mutual Water Company
57. The applicant shall submit plans to AMWC for the water distribution
GP, BP
CE
facilities needed to serve the project. AMWC shall review and
approve the plans before construction begins on the water system
improvements. All water distribution facilities shall be constructed in
conformance with AMWC Standards and Details and the California
Waterworks Standards (Code of Regulations Title 22, Division 4,
Chapter 16). All cross -connection devices shall conform to AWWA
and California Department of Health Services standards.
58. Before the start of construction on the water system improvements,
GP, BP
CE
the applicant shall pay all installation and connection fees required
by AMWC. Subject to the approval of AMWC, the applicant may
enter in to a "deferred connection" agreement.
59. Before issuance of building permits, the applicant shall obtain a "Will
GP, BP
CE
Serve" letter from AMWC for the newly created lots within the
subdivision.
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Ext.#2 PC staff report.doc
ITEM NUMBER
DATE: 10-16-07
Conditions of Approval /
Timing
Responsibility I
Mitigation
Mitigation Monitoring Program
Monitoring
Measure
GP: Grading
PS: Planning Services
9105 Principal Ave
Permit
BP: Building Permit
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Ma
9 p
SIP: Subdivision
Improvement Plans
PD: Police Department
CE: City Engineer
TTM 2003-0044
FM: Final Map
TO: Temporary
WW: Wastewater
CA: City Attorney
Occupancy
AMWC: Water Comp.
FI: Final inspection
F0: Final
Occupancy
60. The water mains required to serve the project shall be laid out in a
GP, BP
CE
grid or looped pattern and shall connect to the existing water mains
system in Principal Ave. (6" main) and Gusta Lane (6" main).
61. The applicant shall provide AMWC with easements for those water
GP, BP
CE
facilities proposed for operation and maintenance by AMWC that are
constructed outside of publicly maintained right-of-ways. AMWC
shall review the form and content of the easements before
recordation.
62. The applicant shall submit a hydraulic analysis with the first plan
GP, BP
CE
check submittal of the water system improvements for the project.
The analysis should take into account the fire flows required by the
Uniform Fire Code and requirements of the California Waterworks
Standards. The applicant is responsible for designing and
constructing water system improvements that will provide water at
pressures and flows adequate for the domestic and fire protection
needs of the project.
63. The applicant shall obtain a separate landscape -irrigation meter(s)
GP, BP
CE
from AMWC for the common areas within the project.
Mitigation Measures
Mitigation Measure 1.c.1: The following landscape mitigations shall apply:
BP
BS, PS, CE
1.0
■ Fencing shall be complimentary in color and material to the
proposed architectural theme. No fencing greater than 3 feet in
height shall be located within the 10 -foot setback area along the
street frontage.
■ The project landscaping shall include trees along Principal and EI
Camino Real Street frontages.
■ All proposed trees shall be shade trees of 15 -gallon size and shall
be double staked.
Mitigation Measure 1.c.2: The proposed buildings shall include the use of
BP
BS, PS, CE
1.c.2
paint and roof colors consistent with the selected architectural style and
designed to compliment the existing commercial and residential setting.
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Ext.#2 PC staff report.doc
ITEM NUMBER
DATE: 10-16-07
Conditions of Approval /
Mitigation Monitoring Program
9105 Principal Ave
Vesting Tentative Tract Ma
9 p
TTM 2003-0044
Timing
GP: Grading
Permit
BP: Building Permit
Imp Subdivision
Improvement Plans
FM: Final Map
TO: Temporary
Occupancy
FI: Final inspection
F0: Final
Occupancy
Responsibility I
Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Mitigation
Measure
Mitigation Measure 1.d.1: If exterior parking lot lighting is proposed, it shall
BP
BS, PS, CE
1.d.1
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 with all
BP, GP
BS, PS, CE
3.b.1
applicable District regulations pertaining to the control of fugitive dust (PM -
10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality
Handbook.
Section 6.3: Construction Equipment
■ Maintain all construction equipment in proper tune according to
manufacturer's specifications.
■ Fuel all off-road and portable diesel powered equipment, including but
not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes,
generator sets, compressors, auxiliary power units, with ARB certified
motor vehicle diesel fuel (Non -taxed version suitable for use off-road).
■ Maximize to the extent feasible, the use of diesel construction
equipment meeting the ARB's 1996 or newer certification standard for
off-road heavy-duty diesel engines.
■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate
filters (CDPF) or other District approved emission reduction retrofit
services (Required for projects grading more than 4.0 acres of
continuously worked area).
Section 6.4: Activity Management Techniques
■ Develop a comprehensive construction activity management plan
designed to minimize the amount of large construction equipment
operating during any given time period.
■ Schedule of construction truck trips during non -peak hours to reduce
peak hour emissions.
■ Limit the length of the construction workday period, if necessary.
■ Phase construction activities, if appropriate.
Section 6.5: Fugitive PM10
All of the following measures shall be included on grading, demolition and
building plan notes:
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.
E. Exposed ground areas designated for reworking on dates greater
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Ext.#2 PC staff report.doc
ITEM NUMBER
DATE: 10-16-07
Conditions of Approval /
Timing
Responsibility I
Mitigation
Mitigation Monitoring Program
Monitoring
Measure
GP: Grading
PS: Planning Services
9105 Principal Ave
Permit
BP: Building Permit
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Ma
9 p
Imp subdivision
Improvement Plans
PD: Police Department
CE: City Engineer
TTM 2003-0044
FM: Final Map
TO: Temporary
WW: Wastewater
CA: City Attorney
Occupancy
AMWC: Water Comp.
FI: Final inspection
F0: Final
Occupancy
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 shall maintain at least two feet of freeboard (minimum
vertical distance between top of load and top of trailer) in
accordance with CVC Section 23114.
J. Install wheel washers where vehicles enter and exit unpaved roads
onto streets, or wash off trucks and equipment leaving the site.
K. Sweep streets at the end of each day if visible soil material is
carried onto adjacent paved roads. Water sweepers with reclaimed
water should be used where feasible.
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.b.1: All crossings and culverts that impact the bed
and/or bank of the drainage must be permitted by the appropriate regulatory
agencies: U.S. Army Corps of Engineers, Regional Water Quality Control
Board, and the California Department of Fish & Game, as appropriate.
Mitigation Measure 4.e.1: Grading and excavation and grading work shall
BP
PS, BS
4.e.1
be consistent with the City of Atascadero Tree Ordinance. Special
precautions when working around native trees include:
1. All existing trees outside of the limits of work shall remain.
2. Earthwork shall not exceed the limits of the project area.
3. Low branches in danger of being torn from trees shall be pruned
prior to any heavy equipment work being done.
4. Vehicles and stockpiled material shall be stored outside the drip
line of all trees.
5. All trees within twenty feet of construction work shall be fenced for
protection with 4 -foot chain link, snow or safety fencing placed per
the approved tree protection plan. Tree protection fencing shall be
in place prior to any site excavation or grading. Fencing shall
remain in place until completion of all construction activities.
6. Any roots that are encountered during excavation shall be clean cut
by hand and sealed with an approved tree seal.
7. Pathways that run under tree canopies should be made out of
decomposed gravel or porous pavers to allow oxygen and moisture
to reach the root systems.
8. Utilities such as water, gas, power, cable, storm drainage, and
\\Cityhall\cdvlpmnt\- pre 06 PI -Ns (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 03\TTM 2003-0044\TTM 2003-0044 Time
Ext.#2 PC staff report.doc
ITEM NUMBER
DATE: 10-16-07
Conditions of Approval /
Timing
Responsibility I
Mitigation
Mitigation Monitoring Program
Monitoring
Measure
GP: Grading
PS: Planning Services
9105 Principal Ave
Permit
BP: Building Permit
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Ma
9 p
SIP: Subdivision
Improvement Plans
PD: Police Department
CE: City Engineer
TTM 2003-0044
FM: Final Map
TO: Temporary
WW: Wastewater
CA: City Attorney
Occupancy
AMWC: Water Comp.
FI: Final inspection
F0: Final
Occupancy
sewer should be redirected from under the canopy of any trees that
are to remain.
9. Where a building is placed within the canopy of a tree the
foundation should be redesigned so that it bridges across any root
systems.
10. Any foundation or other structure that encroaches within the drip
line of trees to be saved shall be dug by hand.
11. At no time shall tree roots be ripped with construction equipment.
12. Four foot high construction fencing shall be placed around any tree
that is to be protected and saved at a distance of the drip line plus
4'. Once the Rough Grading is accomplished then the fence may
be moved closer to the tree and the area dug by hand or with a
small piece of equipment.
Mitigation Measure 4.e.2: An arborists report shall be required prior to
BP
PS, BS
4.e.2
project implementation. The report shall identify each native tree proposed
for removal and each tree within the project area subject to potential impact.
The report shall provide recommendations for tree pruning, tree protection of
existing native trees to remain, and identify native tree impact/replacement
mitigation per the Atascadero Municipal Code Section 9-11.105.
Mitigation Measure 4.e.3: The developer shall contract with a certified
BP
PS, BS
4.e.3
arborist during all phases of project implementation. The certified arborist
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/ 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.
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ITEM NUMBER
DATE: 10-16-07
Conditions of Approval /
Timing
Responsibility I
Mitigation
Mitigation Monitoring Program
Monitoring
Measure
GP: Grading
PS: Planning Services
9105 Principal Ave
Permit
BP: Building Permit
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Ma
9 p
Imp subdivision
Improvement Plans
PD: Police Department
CE: City Engineer
TTM 2003-0044
FM: Final Map
TO: Temporary
WW: Wastewater
CA: City Attorney
Occupancy
AMWC: Water Comp.
FI: Final inspection
F0: Final
Occupancy
■ 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 shall be mitigated as prescribed
BP
PS, BS
4.e.4
by the Atascadero Native Tree Ordinance.
Mitigation Measure 6.b.1: The grading permit application plans shall include
GP
PS, BS, CE
6.b.1
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 8.e.f.1: The developer is responsible for ensuring that
GP
PS, BS, CE
8.0.1
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 9.b.1: The commercial property directly adjacent to
CUP/GPA
PS
9.b.1
the project site shall be included in the proposed General Plan
Amendment and Zone Change and shall be designated as Medium
Density Residential with a corresponding Residential Multi -Family -10
zoning designation to ensure consistency with the surrounding
neighborhood and with the proposed project. The proposed Planned
Development Overlay District #24 shall be extended to include this
parcel. Any future development shall conform to the Multy-Family-10
development standards including density and shall conform to the
standards set forth in the proposed Planned Development #24 Overlay
Zone. Any future development proposal shall require an amendment to
the master plan of development (CUP Amendment) subject to Planning
Commission review and City Council approval.
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ITEM NUMBER
DATE: 10-16-07
Conditions of Approval /
Mitigation Monitoring Program
9105 Principal Ave
Vesting Tentative Tract Ma
9 p
TTM 2003-0044
Timing
GP: Grading
Permit
BP: Building Permit
SIP: Subdivision
Improvement Plans
FM: Final Map
TO: Temporary
Occupancy
FI: Final inspection
F0: Final
Occupancy
Responsibility I
Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Mitigation
Measure
Mitigation Measure 11.d.1: All construction activities shall comply with the
BP, GP
PS, BS, CE
11.d.1
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 Grading Plan/Building
Permit review process.
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ITEM NUMBER
DATE: 10-16-07
Conditions of Approval /
Mitigation Monitoring Program
9105 Principal Ave
Vesting Tentative Tract Ma
9 p
TTM 2003-0044
Timing
GP: Grading
Permit
BP: Building Permit
Imp subdivision
Improvement Plans
FM: Final Map
TO: Temporary
Occupancy
FI: Final inspection
F0: Final
Occupancy
Responsibility I
Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Mitigation
Measure
Mitigation Measure 13.1: Project Road and Landscape Maintenance and
BP, GP
PS, BS, CE
13.1
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 below 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.
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ITEM NUMBER: 2
DATE: 10-16-07
ATTACHMENT 3: Draft Resolution PC 2007-0088
TTM 2003-0044
9105 Principal Ave
DRAFT RESOLUTION NO. PC 2007-0088
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO APPROVING A ONE-YEAR TIME EXTENSION
OF AN APPROVED VESTING TENTATIVE TRACT MAP TTM 2003-0044
9105 PRINCIPAL AVE
(WALLACE GROUP/ PRINCIPLE PARTNERS, LP)
WHEREAS, the applicant, proposes a proposed subdivision of a 5.52 acre, gross, lot into
44 airspace units; and
WHEREAS, the City Council approved a Tentative Tract Map on October 12, 2004; and
WHEREAS, the Planning Commission considered the proposed one-year Time
Extension at a meeting held October 16, 2007, setting the expiration date to October 12, 2008;
and,
NOW, THEREFORE, the Planning Commission takes the following actions:
SECTION 1: FINDINGS. The Planning Commission makes the following Endings:
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: TIME EXTENSION APPROVAL The Planning Commission does hereby
approve a one-year Time Extension of TTM 2003-0044, to expire on October 12, 2008.
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ITEM NUMBER
DATE: 10-16-07
On motion by Commissioner , and seconded by Commissioner
, the foregoing resolution is hereby adopted in its entirety by the
following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO, CA
Joan O'Keefe
Planning Commission Chairperson
ATTEST:
Warren M. Frace
Planning Commission Secretary
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ATTACHMENT 4: Location Map (General Plan / Zoning)
TTM 2005-0068
9300 Pino Solo
ITEM NUMBER: 2
DATE: 10-16-07
SFR -Y
RSF-Y —
SFR -Y
RSF-Y
I
MDRJ — I - .. ,
RMF-10/PD-24 J
_ Project /
Site ,o
ej
/XX
/ SFR -Y \
HDR SFR
-Y
GC RMF -16
OR
General Plan: MDR (Medium -Density
Residential
Zoninq District: RMF-10/PD-24 (Residential
Multi-Family/Planned Development #24)
Zoning District: CR/RMF/PD24 (Commercial
Retail/Residential Multi-Family-10/Planned Development
#24)
Land Use Designation: General Commercial (GC) and
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Ext.#2 PC staff report.doc
ITEM NUMBER
DATE: 10-16-07
Attachment 5: Conditions of Approval / Mitigation Monitoring
TTM 2005-0068
Conditions of Approval /
Timing
Responsibilit
Mitigation
Mitigation Monitoring Program
y /Monitoring
Measure
GP: Grading Permit
PS: Planning Services
9300 Pino Solo
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Tentative Tract Ma
9 p
ImpVesting Map tans
FM: Final Map
FM: Final
PD: Police Department
CE: City Engineer
TTM 2005-0068
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
Planning Services
1. The approval of this application shall become final, subject to the
FM
PS
completion of the conditions of approval, fourteen (14) days following
the Planning Commission approval unless prior to that time, an appeal
to the decision is filed as set forth in Section 9-1.111(b) of the Zoning
Ordinance.
2. Approval of this Tentative Tract Map shall be valid for two years after its
FM
PS
effective date. At the end of the period, the approval shall expire and
become null and void unless an extension of time is granted pursuant
to a written request received prior to the expiration date.
3. The Community Development Department shall have the authority to
FM
PS
approve minor changes to the project that (1) result in a superior site
design or appearance, and/or (2) address a design issue that is not
substantive to the Tentative Tract Map and that the Final Map is in
substantial conformance with the Tentative Map.
4. The granting of this entitlement shall apply to the property located at
On going
PS
9300 Pino Solo Avenue (APN 030-491-001) regardless of owner.
5. The Final Map shall be drawn in substantial conformance with the
FM
PS
approved tentative map, and in compliance with all conditions set forth
herein, shall be submitted for review and approval in accordance with
the Subdivision Map Act and the City's Subdivision Ordinance.
6. The subdivider shall defend, indemnify, and hold harmless the City of
FM
PS
Atascadero or its agents, officers, and employees against any claim or
action brought to challenge an approval by the city, or any of its entities,
concerning the subdivision.
7. The Tract Map shall be subject to additional fees for park or recreation
FM
PS
purposes (QUIMBY Act) as required by City Ordinance.
8. The emergency services and facility maintenance costs listed below
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.
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ITEM NUMBER
DATE: 10-16-07
Conditions of Approval /
Timing
Responsibilit
Mitigation
Mitigation Monitoring Program
y /Monitoring
Measure
GP: Grading Permit
PS: Planning Services
9300 Pill Solo
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Map
ImprovemPD:
FM:FnalMa�Plans
Police Department
CE: City Engineer
TTM 2005-0068
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
Developer agrees to participate in the community facilities district
and to take all steps reasonably required by the City with regard to
the establishment of the district and assessment of the property.
■ All Atascadero Police Department service costs to the project.
■ All Atascadero Fire Department service costs to the project.
■ Off-site common City of Atascadero park facilities maintenance service
costs related to the project.
9. 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.
■ All streets, bridges, sidewalks, streetlights, street signs, roads,
emergency access roads, emergency access gates, and sewer
mains within the project.
• All parks, trails, recreational facilities and like facilities.
■ All open space and native tree preservation areas.
■ All drainage facilities and detention basins.
■ All creeks, flood plains, floodways, wetlands, and riparian
habitat areas.
■ All common landscaping areas, street trees, medians, parkway
planters, manufactured slopes outside private yards, and other
similar facilities.
■ All frontage landscaping and sidewalks along arterial streets
10. Prior to recordation of final map, the project applicant shall enter into
BP
PS
an agreement with the City of Atascadero to pay any future
reimbursement fees associated with off-site circulation
improvements made to the Santa Rosa / US 101 interchange and
frontage roads. The amount of reimbursement shall be determined
by a traffic study that demonstrates a nexus for all parcels included
in the reimbursement area.
11. Deed notification shall be applied to each of the new lots, notifying
BP
PS
homeowners that adjacent residential lots may be used for agricultural
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ITEM NUMBER
DATE: 10-16-07
Conditions of Approval /
Timing
Responsibilit
Mitigation
Mitigation Monitoring Program
y /Monitoring
Measure
12. Prior to final map, the applicant shall submit CC&Rs for review and
GP: Grading Permit
PS: Planning Services
approval by the Community Development Department. The CC&R's
BP: Building Permit
BS: Building Services
9300 Pino Solo
SIP: Subdivision
FD: Fire Department
Vesting Tentative Tract Map
ImprovemPD:
FM:FnalMa�Plans
Police Department
CE: City Engineer
TTM 2005-0068
TO: Temporary
WW: Wastewater
b) A detailed list of each individual homeowner's responsibilities for
Occupancy
CA: City Attorney
maintenance of the individual units.
FI: Final inspection
AMWC: Water Comp.
c) Individual unit's responsibility for keeping all trash receptacles
F0: Final Occupancy
purposes, including keeping of livestock animals, facilities, and
equipment.
12. Prior to final map, the applicant shall submit CC&Rs for review and
BP
PS
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.
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 garage.
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.
13. 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.
14. Affordable Housing Requirement: The applicant shall pay in; -lieu fees
GP/BP
PS,CA
per existing City Council Policy
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ITEM NUMBER
DATE: 10-16-07
Conditions of Approval /
Timing
Responsibilit
Mitigation
Mitigation Monitoring Program
y /Monitoring
Measure
GP: Grading Permit
PS: Planning Services
9300 Pino Solo
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Map
ImprovemPD:
FM:FnalMa�Plans
Police Department
CE: City Engineer
TTM 2005-0068
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
PROJECT SPECIFIC CONDITIONS
Drainage:
16. Obtain approval by the City Engineer of the grading & drainage plan and
BP, GP
CE
the storm drain design & facilities.
17. Submit calculations to support the design of any structures or pipes.
Closed conduits shall be designed to convey the 10 -year flow with
gravity flow, the 25 -year flow with head, and provide safe conveyance for
the 100 year overflow.
18. Provide for the detention of the 50 year developed storm runoff, while
BP, GP
CE
metering out the 2 year undeveloped storm runoff.
19. Show the method of dispersal at all pipe outlets. Include specifications
BP, GP
CE
for size & type.
20. Acquire drainage easements where needed. Drainage shall cross lot
BP, GP
CE
lines only where a drainage easement has been provided.
21. Concentrated drainage from off-site areas shall be conveyed across the
BP, GP
CE
project site in drainage easements. Acquire drainage easements where
needed. Drainage shall cross lot lines only where a drainage easement
has been provided. If drainage easement can not be obtained the storm
water release must follow the exact historic path, rate and velocity as
prior to the subdivision.
Public Improvements and Maintenance:
Pino Solo
22. Pino Solo shall be improved to City Standard, including curb gutter
BP, GP
CE
and sidewalk, and pave out. Public Improvement plans shall be
submitted detailing design.
23. Principal Avenue
24. Principal Avenue shall be improved to City Standard in conformance
BP, GP
CE
with those approved in Tentative Tract Map 2003-0044.
Other Improvements
25. All public improvements shall be constructed in conformance with the
BP, GP
CE
City of Atascadero Engineering Department Standard Specifications and
Drawings or as directed by the City Engineer.
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ITEM NUMBER
DATE: 10-16-07
Conditions of Approval /
Timing
Responsibilit
Mitigation
Mitigation Monitoring Program
y /Monitoring
Measure
GP: Grading Permit
PS: Planning Services
9300 Pino Solo
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Map
ImprovemPD:
FM:FnalMa�Plans
Police Department
CE: City Engineer
TTM 2005-0068
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
26. Prior to issuance of building permits, the applicant shall submit a grading
BP, GP
CE
and drainage plan with a separate sheet(s) devoted to sedimentation
and erosion control, prepared by a registered civil engineer for review
and approval by the City Engineer.
SANITARY SEWER CONDITIONS
27. The Public Works Department shall approve all wastewater facilities
BP, GP
WW
prior to construction. This includes pumps, force mains, cleanouts,
manholes and connections.
28. Applicant shall pay sewer extension (annexation) fees upon issuance of
BP, GP
WW
building permit. Sewer Connection and Reimbursement fees shall be
payable upon actual connection of the building sewer to the public sewer
system.
29. Gravity mains and other sewer facilities within the subdivision shall be
BP, GP
WW
privately owned and maintained.
30. Gravity mains within the subdivision shall be eight (8) inches in diameter.
BP, GP
WW
STANDARD CONDITIONS
31. All public improvements shall be constructed in conformance with the
BP, GP
CE
City of Atascadero Engineering Department Standard Specifications and
Drawings or as directed by the City Engineer.
32. In the event that the applicant is allowed to bond for the public
FM
CE
improvements required as a condition of this map, the applicant shall
enter into a Subdivision Improvement Agreement with the City Council.
33. 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.
34. The Subdivision Improvement Agreement shall record concurrently with
FM
CE
the Final Map.
35. The applicant shall be responsible for the relocation and/or alteration of
BP, GP
CE
existing utilities.
36. The applicant shall install all new utilities (water, gas, electric, cable TV
BP, GP
CE
and telephone) underground. Utilities shall be extended to the property
line frontage of each lot or its public utility easement.
37. The applicant shall monument all property corners for construction
FM
CE
control and shall promptly replace them if disturbed.
38. Slope easements shall be provided as needed to accommodate cut of fill
FM
CE
slopes.
39. Drainage easements shall be provided as needed to accommodate both
FM
CE
public and private drainage facilities.
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ITEM NUMBER
DATE: 10-16-07
Conditions of Approval /
Timing
Responsibilit
Mitigation
Mitigation Monitoring Program
y /Monitoring
Measure
GP: Grading Permit
PS: Planning Services
9300 Pino Solo
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Map
ImprovemPD:
FM:FnalMa�Plans
Police Department
CE: City Engineer
TTM 2005-0068
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
40. The final map shall be signed by the City Engineer prior to the map
FM
CE
being placed on the agenda for City Council acceptance.
41. Prior to recording the tract map, the applicant shall submit a map drawn
FM
CE
in substantial conformance with the approved tentative map and in
compliance with all conditions set forth herein. The map shall be
submitted for review and approval by the City in accordance with the
Subdivision Map Act and the City's Subdivision Ordinance.
42. Prior to recording the tract map, the applicant shall set monuments at all
FM
CE
new property corners. A registered civil engineer or licensed land
surveyor shall indicate by certificate on the parcel map, that corners
have been set or shall be set by a date specific and that they will be
sufficient to enable the survey to be retraced.
43. Prior to recording the tract map, the applicant shall pay all outstanding
plan check/inspection fees.
44. Prior to recording the map, the applicant shall complete all
FM
CE
improvements required by these conditions of approval
45. 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 indicating their
review of the map. The letter shall identify any new easements that
may be required by the utility company. A copy of the letter shall be
submitted to the City. New easements shall be shown on the map.
46. 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.
47. Prior to the final inspection of any public improvements, the applicant
FM
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.
48. Prior to the final inspection, the applicant shall submit a written
BP, GP
CE
certification from a registered civil engineer or land surveyor that all
survey monuments have been set as shown on the final map.
49. An encroachment permit shall be obtained prior to any work within City
BP, GP
CE
rights of way.
50. Prior to the issuance of building permits the applicant shall submit a
BP, GP
CE
grading and drainage plan prepared by a registered civil engineer for
review and approval by the City Engineer.
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ITEM NUMBER
DATE: 10-16-07
Conditions of Approval /
Timing
Responsibilit
Mitigation
Mitigation Monitoring Program
y /Monitoring
Measure
GP: Grading Permit
PS: Planning Services
9300 Pill Solo
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Map
ImprovemPD:
FM:FnalMa�Plans
Police Department
CE: City Engineer
TTM 2005-0068
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
Atascadero Mutual Water Company
51. Before the recording of the Final Map, the applicant shall submit
GP, BP
CE
plans to AMWC for the water distribution facilities needed to serve
the project. AMWC shall review and approve the plans before
construction begins on the water system improvements. All water
distribution facilities shall be constructed in conformance with
AMWC Standards and Details and the California Waterworks
Standards (Code of Regulations Title 22, Division 4, Chapter 16).
All cross -connection devices shall conform to AWWA and California
Department of Health Services standards.
52. Before recording of the Final Map, the applicant shall pay all
GP, BP
CE
installation and connection fees required by AMWC. Subject to the
approval of AMWC, the applicant may enter in to a "deferred
connection" agreement.
53. Before issuance of building permits, the applicant shall obtain a "Will
GP, BP
CE
Serve" letter from AMWC for the newly created lots within the
subdivision.
54. The water mains required to serve the project shall be laid out in a
GP, BP
CE
grid or looped pattern and shall connect to the existing water mains
system in Principal Ave. (6" main). and Gusta Lane (6" main), as
part of Master Plan for GPA 2003-0008).
55. The applicant shall provide AMWC with easements for those water
GP, BP
CE
facilities proposed for operation and maintenance by AMWC that
are constructed outside of publicly maintained right-of-ways. AMWC
shall review the form and content of the easements before
recordation.
56. The applicant shall submit a hydraulic analysis with the first plan
GP, BP
CE
check submittal of the water system improvements for the project,
Per GPA 2003-0008. The analysis should take into account the fire
flows required by the Uniform Fire Code and requirements of the
California Waterworks Standards. The applicant is responsible for
designing and constructing water system improvements that will
provide water at pressures and flows adequate for the domestic and
fire protection needs of the project.
GP, BP
CE
57. The applicant shall obtain a separate landscape -irrigation meters)
from AMWC for the common areas within the project, as part of
Master Plan for GPA 2003-0008
58. Landscaping for the common areas shall be drought -tolerant. Before
GP, BP
CE
construction of the water system improvements, AMWC shall review
and approve the landscape plans for the common areas within the
project. (per GPA 2003-0008).
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ITEM NUMBER
DATE: 10-16-07
Conditions of Approval /
Timing
Responsibilit
Mitigation
Mitigation Monitoring Program
y /Monitoring
Measure
GP: Grading Permit
PS: Planning Services
9300 Pino Solo
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Map
ImprovemPD:
FM:FnalMa�Plans
Police Department
CE: City Engineer
TTM 2005-0068
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
Mitigation Measures
Mitigation Measure 1.c.1: The following landscape mitigations shall apply:
BP
BS, PS, CE
1.c.1
■ Fencing shall be complimentary in color and material to the
proposed architectural theme. No fencing greater than 3 feet in
height shall be located within the 10 -foot setback area along the
street frontage.
• The project landscaping shall include trees along Principal and EI
Camino Real Street frontages.
■ All proposed trees shall be shade trees of 15 -gallon size and shall
be double staked.
Mitigation Measure 1.c.2: The proposed buildings shall include the use of
BP
BS, PS, CE
1.c.2
paint and roof colors consistent with the selected architectural style and
designed to compliment the existing commercial and residential setting.
Mitigation Measure 1.d.1: If exterior parking lot lighting is proposed, it shall
BP
BS, PS, CE
1.d.1
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 with all
BP, GP
BS, PS, CE
3.b.1
applicable District regulations pertaining to the control of fugitive dust (PM -
10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality
Handbook.
Section 6.3: Construction Equipment
■ Maintain all construction equipment in proper tune according to
manufacturer's specifications.
■ Fuel all off-road and portable diesel powered equipment, including but
not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes,
generator sets, compressors, auxiliary power units, with ARB certified
motor vehicle diesel fuel (Non -taxed version suitable for use off-road).
■ Maximize to the extent feasible, the use of diesel construction
equipment meeting the ARB's 1996 or newer certification standard for
off-road heavy-duty diesel engines.
■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate
filters (CDPF) or other District approved emission reduction retrofit
services (Required for projects grading more than 4.0 acres of
continuously worked area).
Section 6.4: Activity Management Techniques
• Develop a comprehensive construction activity management plan
designed to minimize the amount of large construction equipment
operating during any given time period.
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ITEM NUMBER
DATE: 10-16-07
Conditions of Approval /
Mitigation Monitoring Program
9300 Pino Solo
Vesting Tentative Tract Map
TTM 2005-0068
Timing
GP: Grading Permit
BP: Building Permit
SIP: Subdivision
ImprovemPD:
FM:FnalMa�Plans
TO: Temporary
Occupancy
FI: Final inspection
F0: Final Occupancy
Responsibilit
y /Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Mitigation
Measure
■ 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.
E. Exposed ground areas designated for reworking on 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 shall maintain at least two feet of freeboard (minimum
vertical distance between top of load and top of trailer) in
accordance with CVC Section 23114.
J. Install wheel washers where vehicles enter and exit unpaved roads
onto streets, or was off trucks and equipment leaving the site.
K. Sweep streets at the end of each day if visible soil material is
carried onto adjacent paved roads. Water sweepers with
reclaimed water should be used where feasible.
The contractor or builder shall designate a person or persons to monitor the
dust control program and to order increased watering, as necessary, to
prevent transport of dust off site. The name and telephone number of such
persons shall be provided to the APCD prior to land use clearance for map
recordation and land use clearance for finish grading of any structure.
Mitigation Measure 6.b.1: The grading permit application plans shall include
GP
PS, BS, CE
6.b.1
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.
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ITEM NUMBER
DATE: 10-16-07
Conditions of Approval /
Timing
Responsibilit
Mitigation
Mitigation Monitoring Program
y /Monitoring
Measure
GP: Grading Permit
PS: Planning Services
9300 Pill Solo
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Map
ImprovemPD:
FM:FnalMa�Plans
Police Department
CE: City Engineer
TTM 2005-0068
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
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 8.1 1: The developer is responsible for ensuring that
GP
PS, BS, CE
8.e.f.1
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 9.b.1: The commercial property directly adjacent to
CUP/GPA
PS
9.b.1
the project site shall be included in the proposed General Plan
Amendment and Zone Change and shall be designated as Medium
Density Residential with a corresponding Residential Multi -Family -10
zoning designation to ensure consistency with the surrounding
neighborhood and with the proposed project. The proposed Planned
Development Overlay District #24 shall be extended to include this
parcel. Any future development shall conform to the Multy-Family-10
development standards including density and shall conform to the
standards set forth in the proposed Planned Development #24 overlay
zone. Any future development proposal shall require an amendment to
the master plan of development (CUP Amendment) subject to Planning
Commission review and City Council approval.
Mitigation Measure 11.d.1: All construction activities shall comply with the
BP, GP
PS, BS, CE
11.d.1
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 Grading Plan/Building
Permit review process.
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ITEM NUMBER
DATE: 10-16-07
Conditions of Approval /
Mitigation Monitoring Program
9300 Pino Solo
Vesting Tentative Tract Map
TTM 2005-0068
Timing
GP: Grading Permit
BP: Building Permit
SIP: Subdivision
ImprovemPD:
FM:FnalMa�Plans
TO: Temporary
Occupancy
FI: Final inspection
F0: Final Occupancy
Responsibilit
y /Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Mitigation
Measure
Mitigation Measure 13.1: Project Road and Landscape Maintenance and
BP, GP
PS, BS, CE
13.1
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.
Ell 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.
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ITEM NUMBER: 2
DATE: 10-16-07
ATTACHMENT 6: Draft Resolution PC 2007-0095
TTM 2005-0068
9300 Pino Solo
DRAFT RESOLUTION NO. PC 2007-0095
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO APPROVING A ONE-YEAR TIME EXTENSION
OF AN APPROVED VESTING TENTATIVE TRACT MAP
(TTM 2005-0068,9300 PINO SOLO,
WALLACE GROUP/ PRINCIPLE PARTNERS, LP)
WHEREAS, the applicant, proposes a proposed subdivision of a 0.29, gross, lot to four
airspace condominium units; and
WHEREAS, the City Council approved a Tentative Tract Map on May 17, 2005,
and
WHEREAS, the Planning Commission considered the proposed one year time extension
at a meeting held October 16, 2007, setting the expiration date to May 17, 2009; and,
NOW, THEREFORE, the Planning Commission takes the following actions:
SECTION 1: FINDINGS. 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: TIME EXTENSION APPROVAL The Planning Commission does hereby
approve a one-year time extension of TTM 2005-0068, to expire on May 17, 2009.
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ITEM NUMBER
DATE: 10-16-07
On motion by Commissioner and seconded by Commissioner the
foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES: ( )
NOES: ( )
ABSENT: ( )
ADOPTED:
CITY OF ATASCADERO, CA
Joan O'Keefe
Planning Commission Chairperson
ATTEST:
Warren M. Frace
Planning Commission Secretary
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Atascadero Planning Commission
ITEM NUMBER: 3
DATE: 10-16-07
Staff Report - Community Development Department
Planned Development Overlay Zone #30:
BMX Facility Master Plan of Development
6575 Sycamore Rd
(Atascadero BMX)
RECOMMENDATIONS:
Staff Recommends Planning Commission:
1. Adopt Resolution PC 2007-0083 recommending the City Council certify Proposed
Mitigated Negative Declaration 2006-0015; and,
2. Adopt Resolution PC 2007-0084 recommending the City Council introduce an
ordinance for first reading by title only, to approve Zone Text Change 2005-0108 to
establish Planned Development Overlay Zone #30; and
3. Adopt Resolution PC 2007-0085 recommending the City Council introduce an
ordinance for first reading by title only, to approve Zone Map Change 2007-0143
based on findings; and,
4. Adopt Resolution PC 2007-0086 recommending the City Council approve
Conditional Use Permit 2005-0168 (Master Plan of Development) based on findings
and subject to Conditions of Approval and Mitigation Monitoring.
REPORT -IN -BRIEF:
The proposed project consists of a Zone Text Change to establish a new site-specific
Planned Development #30 Overlay Zone and Zone Map Amendment to establish a
Planned Development Overlay Zone #30 on the subject site with a corresponding
Master Plan of Development (CUP) that would allow a private BMX facility to be located
at 6575 Sycamore Road. The specific project site is currently owned by the Atascadero
Mutual Water Company and contains adjacent industrial and water facility uses.
DISCUSSION:
Situation and Facts:
1. Applicant / Representative: Atascadero BMX — Tom Jordan
2. Project Address: 6575 Sycamore Rd, Atascadero, CA 93422
APN 028-111-001, 003 (San Luis Obispo County).
3. General Plan Designation: I (Industrial)
4. Zoning District: IP (Industrial Park)
5. Site Area: 24 acres
6. Existing Use: Vacant at the proposed location
7. Environmental Status: Proposed Mitigated Negative Declaration 2007-0015
Background
Surrounding Land Use and Setting:
North: Open Space / Salinas River East: Industrial
South: Cemetery / Residential West: Industrial / AMWC
The project site is within the Industrial General Plan Land Use Designation and is zoned
Industrial Park. As outdoor recreation is not an allowed use within the Industrial Park
Zone, the requested application includes a PD Overlay Zone Change to allow the facility
at this site only and provide additional controls and standards for the proposed BMX
track and subsequent use.
A public meeting was held on April 10, 2006 for the neighbors to hear the proposal, ask
questions, and discuss any concerns they had with the proposed facility. Issues
discussed at that meeting included:
■ Noise
■ Lights
■ Traffic
■ Parking
■ Times of use
Analysis of these issues is discussed in the following section.
ANALYSIS:
Proiect Descriation:
The project consists of an application for a Zone Text Amendment, a Zone Map
Change, and a Conditional Use Permit to establish a PD Overlay Zone that would
allow a Bicycle Motor Cross facility on an existing lot owned by the Atascadero
Mutual Water Company adjacent to the Salinas River and the Anza Trail. The
Planned Development Overlay Zone Change would be site specific and include a
Master plan of Development (CUP) that would include the construction of a dirt BMX
track for non -motorized bikes, a registration and concession building, announcer's
tower, portable restroom facilities, a utility building, and unimproved parking area.
The facility will be fenced and monitored by the Atascadero BMX Association. The BMX
track and associated improvements will be managed, maintained, and operated solely
by the Atascadero BMX Association. The City is participating as leasee at the request of
the Atascadero Mutual Water Company. The City does not have plans to share
operation of the facility and no public events or access will be provided.
Site Plan, Circulation, and Parking:
The proposed facility takes access off of Sycamore Road and 47 designated parking
spaces will be provided on-site. In addition, an overflow parking area is proposed to be
located under the Highway 41 Bridge. This area will provide parking for larger events
and will accommodate approximately 58 additional cars. An encroachment permit from
Caltrans will be required prior to issuance of permits for the overflow parking area. If an
encroachment permit cannot be obtained, the facility will be limited to the main parking
area shown on the Master Plan of Development.
Frontage Improvements:
No frontage improvements will be required by the City Engineer.
Landscape Design:
The applicant will provide landscaping along the borders of the proposed facility to
screen the use and provide a buffer between the facility and the Anza Trail.
Landscaping will include native drought tolerant species and will be maintained by the
Atascadero BMX Association until such a time that they are established. Screening
materials will consist of evergreen shrubs and shall be maintained to provide adequate
screening of the use from Sycamore Road and the adjacent Salinas River and Anza
Trail area.
Native Tree Mitigation/Preservation:
The project site contains a number of native oak trees along the Sycamore Road right-
of-way. These trees are proposed to remain and will not be affected by the proposed
improvements or continued use.
Site Drainage:
As the proposed track and improvements are located adjacent to the Salinas River,
detention and siltation controls have been proposed which will mitigate negative impacts
of storm water run-off. These basins will function regardless of the configuration of the
BMX track.
Floodway Impacts:
The proposed BMX track and associated accessory buildings are located within the
Salinas River Floodway. The floodway is the channel of a river and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than the designated height. Permanent
structures and fill material are not allowed within the floodway, unless it has been
demonstrated through hydrologic and hydraulic analyses, performed in accordance with
standard engineering practice, that the proposed encroachment would not result in any
increase in flood levels within the community during the occurrence of the base flood
discharge, as they can affect the floodway volume and velocity of water causing
downstream impacts. As such, staff has conditioned that the structures be portable
and removed no later than December 1St following the end of the BMX season. In
addition, the City will reserve the right to require removal of the structures during the
BMX season should the City Engineer deem necessary based on any anticipated storm
or flood vent. The project is also conditioned to have an engineering evaluation to
demonstrate that the grading will not have an impact on the Floodway.
Neiahborhood Concerns:
During the April 2006 neighborhood meeting, the following issues and concerns were
discussed:
Noise:
The neighborhood had concerns regarding noise from users, spectators, and race
announcers. Atascadero BMX Association is requesting amplified announcement similar
to the announcement system utilized at Paloma Park for sports events. The amplified
sound system is lower volume and utilizes one speaker, which will be positioned at the
announcer's tower.
Lights:
No lighting is proposed for the facility. Events will not be held after dark.
Traffic:
The proposed facility has one access point off of Sycamore Road both for regular and
overflow parking. Sycamore is a two lane road and Atascadero BMX anticipates an
average of 25 cars during practice and local race times and 125 cars during a State or
National event. The project is conditioned to provide a sight distance analysis of the
proposed driveway location to ensure safe entrance and egress for the facility.
Parking:
Two parking areas are proposed for the use; 1) the designated parking area which can
accommodate 47 vehicles and 2) the overflow parking area which can accommodate up
to 58 additional vehicles. No parking will be permitted along Sycamore Avenue and no
additional site area is proposed for parking.
Times of use:
The BMX season starts March 1St and ends December 1St. All structures will be removed
during the off-season, as conditioned. The track may still be used for practice during the
off-season, weather permitting.
Wastewater:
The facility will utilize portable restrooms that will be managed and maintained by the
Atascadero BMX Association.
General Plan Consistency
The proposed project is consistent with the following General Plan Land Use and Open
Space Element Goal:
LOC 12: Provide a wide range of recreational activities and leisure experiences for all
age groups, designed to foster a healthy community for residents and visitors.
In staff's opinion the proposed project is consistent with the open space and recreation
goals and policies of the General Plan. The project will provide additional recreation
opportunities to residents and visitors of Atascadero.
Findings
Establishment of PD -30 (Zone Text Amendment):
1. Modification of development standards or processing requirements is warranted
to promote orderly and harmonious development.
2. Modification of development standards or processing requirements will enhance
the opportunity to best utilize special characteristics of an area and will have a
beneficial effect on the area.
3. Benefits derived from the Overlay Zone cannot be reasonably achieved through
existing development standards or processing requirements.
Planned Development Overlav (Zone Map Amendment):
As specified in the City's General Plan and Zoning Ordinance, the following specific
findings for the proposed Zone Change shall be made in order to approve the proposed
project:
1. The proposed Zone Change is in conformance with the adopted General Plan
goals, policies, and programs and the overall intent of the General Plan.
2. The proposed Zone Change is compatible with existing development,
neighborhoods and the environment.
3. The proposed Zone Change will not create any new significant and unavoidable
impacts to traffic, infrastructure, or public service impacts.
4. The proposed Zone Change is consistent with the project -specific Mitigated
Negative Declaration.
Conditional Use Permit (Master Plan of Development)
A Master Plan of Development is required for the project in the form of a Conditional
Use Permit. The proposed Master Plan of Development sets development standards
related to site design, landscape, signage, use, and specific development standards
required by the Zoning Ordinance. The Planning Commission must make the following
five findings to recommend approval of the proposed Master Plan of Development:
1. The proposed project or use is consistent with the General Plan and the City's
Appearance Review Manual.
Staff Comment: The use is consistent with the Planned Development Overlay Zone
proposed and General Plan Land Use, Open Space and Conservation Element Goal
12.
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance) including the Planned Development Ordinance.
Staff Comment: As conditioned, the project satisfies all Conditional Use Permit and
Planned Development Zoning Code provisions.
3. The establishment, and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particular case, be
detrimental to the health, safety, or welfare of the general public or persons residing
or working in the neighborhood of the use, or be detrimental or injurious to property
or improvements in the vicinity of the use.
Staff Comment: The proposed BMX facility will not be detrimental to the general
public or working person's health, safety, or welfare.
4. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development.
Staff Comment: The proposed project is compatible with the surrounding industrial
uses and will be constructed on a portion of the Atascadero Mutual Water Company
property that is currently undeveloped.
5. That the proposed use or project will not generate a volume of traffic beyond the
safe capacity of all roads providing access to the project, either existing or to be
improved in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
Staff Comment: The proposed project and use is consistent with the traffic
projections and road improvements anticipated within the General Plan.
Proposed Environmental Determination
A Draft Mitigated Negative Declaration was prepared for the project and posted for
public and agency review. The Environmental Analysis identified concerns regarding
potential impacts to aesthetics, cultural resources, hydrology, land use and planning,
noise, biological resources, and traffic. Mitigation measures pertaining to these
resources are included.
Staff is recommending that mitigation measure 8.h.i.1 to allow structures to be
reestablished at the site on March 1St to coincide with the start of the BMX season. This
modification has been included in the attached resolutions. A finding has been included
that the proposed mitigation measure is equivalent to the previously proposed measure.
Fiscal Impact
It is staff's understanding that the proposed BMX facility will not be operated as a public
facility, no staff or operational costs will be incurred. Additionally, all liability will be the
responsibility of the Atascadero BMX Association.
Conclusion
The proposed application includes a BMX facility located along the Salinas River area
on property owned by the Atascadero Mutual Water Company. The facility will be
maintained and operated by the Atascadero BMX Association. The site has been
designed to minimize impacts to the adjacent Salinas River area and historic Anza Trail.
The City Engineer has determined that the proposed facility will not have a negative
impact on the floodway with mitigation measures and conditions incorporated.
Staff is recommending that the Planning Commission recommend that the City Council
approve the proposed project as conditioned.
ALTERNATIVES
1. The Commission may recommend modifications to the project and/or Conditions
of Approval for the project to the City Council.
2. The Commission may determine more information is needed on some aspect of
the project and may refer the item back to the applicant and staff to develop
additional information. The Commission should clearly state the type of
information required and move to continue the item to a future date.
3. The Commission may recommend the City Council deny the project. The parcel
would retain its designation of Industrial Park. The Commission should specify
the reasons for denial of the project and recommend an associated finding with
such action.
PREPARED BY: Kelly Gleason, Senior Planner
ATTACHMENTS:
Attachment 1: Location, General Plan, and Zoning Map
Attachment 2: Proposed Mitigated Negative Declaration and Initial Study
Attachment 3: Draft Resolution PC 2007-0083
Attachment 4: Draft Resolution PC 2007-0084
Attachment 5: Draft Resolution PC 2007-0085
Attachment 6: Draft Resolution PC 2007-0086
Attachment 1: Location, General Plan and Zoning Map
Attachment 2: Proposed Mitigated Negative Declaration and Initial Study
See Following
ATTACHMENT 3: Draft Resolution PC 2007-0083
Approval of Draft Mitigated Negative Declaration
DRAFT RESOLUTION PC 2007-0083
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL CERTIFY PROPOSED MITIGATED
NEGATIVE DECLARATION 2007-0015 PREPARED FOR ZCH 2005-01089
ZCH 2007-0143, AND CUP 2005-0168
ON APN 028-111-001, 003; 6575 Sycamore Rd.
(ABMX)
WHEREAS, an application has been received from Atascadero BMX Association — Tom
Jordan, 8255 Graves Creek Rd, Atascadero, CA 93422, (Applicant) and Atascadero Mutual
Water Company, 5005 El Camino Real, Atascadero, Ca 93422, (Property Owner), to consider a
project consisting of a Zone Text Amendment to establish a custom PD Overlay Zone (PD -30)
and a Zone Map Change to apply PD -30 to the subject site with corresponding Master Plan of
Development located at 6575 Sycamore Rd, (APN 028-111-001, 003); and,
WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2007-0015
were prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the Planning Commission of the City of Atascadero held a public hearing
on October 16, 2007 following the close of the review period to consider the Initial Study and
Proposed Mitigated Negative Declaration; and,
WHEREAS, the Planning Commission has determined that the project will have no
significant impacts with project specific mitigation measures incorporated; and,
NOW THEREFORE, the Planning Commission of the City of Atascadero, hereby
resolves to recommend that the City Council certify Proposed Mitigated Negative Declaration
2007-0015 based on the following Findings, and as shown in Exhibit A:
1. The Proposed Mitigated Negative Declaration has been completed in compliance with
CEQA; and,
2. The Proposed Mitigated Negative Declaration was presented to the Planning
Commission, and the information contained therein was considered by the Planning
Commission, prior to recommending action on the project for which it was prepared; and,
3. The project does not have the potential to degrade the environment when mitigation
measures are incorporated into the project; and,
4. The project will not achieve short-term to the disadvantage of long-term environmental
goals; and,
5. The project does not have impacts which are individually limited, but cumulatively
considerable; and,
6. The project will not cause substantial adverse effects on human beings either directly or
indirectly; and,
7. Mitigation Measure 8.h.i.1 has been modified to allow reestablishment of the portable
structures starting March I". This mitigation measure is equivalent to the previously
proposed mitigation measure and no additional impacts are created.
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by
the Planning Commission Secretary to the City Council of the City of Atascadero.
On motion by Commissioner , and seconded by Commissioner
, the foregoing resolution is hereby adopted in its entirety by the
following roll call vote:
AYES: ( )
NOES: ( )
ABSTAIN: ( )
ABSENT: ( )
ADOPTED:
CITY OF ATASCADERO, CA
Joan O'Keefe
Planning Commission Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
Exhibit A: Proposed Mitigated Negative Declaration 2007-0015
See following
ATTACHMENT 4: Draft Resolution PC 2007-0084
Approval of Proposed Zoning Text Change to establish a PD -30 Overlay Zone
DRAFT RESOLUTION PC 2007-0084
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL AMEND THE ATASCADERO MUNICIPAL
CODE BY APPROVING ZONE CHANGE 2005-0108 TO ESTABLISH A
PLANNED DEVELOPMENT OVERLAY #30
6575 Sycamore Rd.
(ABMX)
WHEREAS, an application has been received from Atascadero BMX Association — Tom
Jordan, 8255 Graves Creek Rd, Atascadero, CA 93422, (Applicant) and Atascadero Mutual
Water Company 5005 El Camino Real, Atascadero, CA 93422, (Property Owner) to consider a
project consisting of a Zone Text Amendment to establish a custom PD Overlay Zone (PD -30)
and a Zone Map Change to apply PD -30 to the subject site with corresponding Master Plan of
Development located at 6575 Sycamore Rd, (APN 028-111-001, 003); and,
WHEREAS, Article 28 of the Atascadero Municipal Code allows for the creation of
Planned Development Overlay Zones to promote orderly and harmonious development and to
enhance the opportunity to best utilize special site characteristics; and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0015 were
prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to the Zoning Code Text to protect the health, safety, and welfare
of its citizens by applying orderly development and expanding housing opportunities within the
City; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text
Change application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said Zoning Text
Amendments; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on October 16, 2007 studied and considered Zone Change 2005-0108, after first studying
and considering the Draft Mitigated Negative Declaration prepared for the project, and,
NOW THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Findings for Approval of a Zone Text Chante Creating a PD -30
Planned Development Overlay District. The Planning Commission finds as follows:
Modification of development standards or processing requirements is warranted
to promote orderly and harmonious development.
2. Modification of development standards or processing requirements will enhance
the opportunity to best utilize special characteristics of an area and will have a
beneficial effect on the area.
3. Benefits derived from the Overlay Zone cannot be reasonably achieved through
existing development standards or processing requirements.
SECTION 2. Recommendation of Approval. The Planning Commission of the City of
Atascadero, in a regular session assembled on October 16, 2007 resolved to recommend that the
City Council introduce for first reading by title only, an Ordinance that would amend the City
Zoning Code Text with the following:
9-3.675 Establishment of Planned Development Overlay Zone #30
This Planned Development Overlay Zone on APN 028-111-001, 003 in the Industrial Park Zone
for the establishment of a Bicycle Motor Cross track and associated improvements. Uses on
other areas of the site, if listed as an allowed or conditionally allowed use, shall only be subject to
the standards and requirements of the Atascadero Municipal Code. The following development
standards are applicable to the establishment of a BMX facility and shall be met by the entitled
project within the PD -30 Overlay Zone:
a) All site development shall require the approval of a Master Plan of Development. All
construction and development shall conform to the approved Master Plan of Development,
as conditioned.
b) Any subsequent amendments for the site shall be consistent with an approved Master Plan
of Development. All construction and development shall conform to the approved Master
Plan of Development, as conditioned.
c) The facility and all improvements including drainage basins, erosion control measures,
landscaping, signage, structures, and waste water facilities shall be maintained by the
Atascadero BMX Association or their designee(s). If the use is discontinued, all
improvements will be removed to the satisfaction of the City Engineer and the Community
Development Director.
d) The Atascadero BMX Association will ensure that all structures and improvements conform
to the Floodway standards set forth in the Atascadero Municipal Code Title 9, Chapter 11
and as regulated by the Federal Emergency Management Agency.
e) Parking shall be limited to designated areas of the site. Overflow parking shall only be used
for larger events. No parking will be permitted on Sycamore Avenue or any other
undeveloped portion of the surrounding Atascadero Mutual Water Company property.
f) The landscape buffer between the historic Anza Trail and the BMX facility shall be
maintained by the Atascadero BMX Association or their designee(s). All buffer landscaping
shall be maintained in a way which screens the BMX facility from the historic trail.
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by
the Planning Commission Secretary to the City Council of the City of Atascadero.
On motion by Commissioner , and seconded by Commissioner
, the foregoing resolution is hereby adopted in its entirety by the
following roll call vote:
AYES: ( )
NOES: ( )
ABSTAIN: ( )
ABSENT: ( )
ADOPTED:
CITY OF ATASCADERO, CA
Joan O'Keefe
Planning Commission Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
ATTACHMENT 5: Draft Resolution PC 2007-0085
Approval of Proposed Zoning Map Change
DRAFT RESOLUTION PC 2007-0085
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2007-0143,
AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF
APN 028-111-001,003 FROM IP (INDUSTRIAL PARK) TO IP /PD -30
(INDUSTRIAL PARK / PLANNED DEVELOPMENT OVERLAY #30)
6575 Sycamore Rd.
(ABMX)
WHEREAS, an application has been received from Atascadero BMX Association — Tom
Jordan, 8255 Graves Creek Rd., Atascadero, CA 93422, (Applicant), and Atascadero Mutual
Water Company, 5005 El Camino Real, Atascadero, CA 93422, (Property Owner) to consider a
project consisting of a Zone Text Amendment to establish a custom PD Overlay Zone (PD -30)
and a Zone Map Change to apply PD -30 to the subject site with corresponding Master Plan of
Development located at 6575 Sycamore Rd, (APN 028-111-001, 003); and,
WHEREAS, the site's General Plan Designation is I (Industrial); and,
WHEREAS, the site's current zoning district is IP (Industrial Park); and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0015 were
prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to the Official Zoning Map to protect the health, safety, and
welfare of its citizens by applying orderly development of the City; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone
Change application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments;
and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on October 16, 2007 studied and considered Zone Change 2007-0143, after
first studying and considering the Proposed Mitigated Negative Declaration prepared for the
project, and,
NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of
Atascadero Changing the existing site zoning to IP/ PD -30. The Planning Commission finds
as follows:
1. Modification of development standards or processing requirements is warranted to
promote orderly and harmonious development.
2. Modification of development standards or processing requirements will enhance the
opportunity to best utilize special characteristics of an area and will have a beneficial
effect on the area.
3. Benefits derived from the Overlay Zone cannot be reasonably achieved through
existing development standards or processing requirements.
4. The proposed project offers certain redeeming features to compensate for the
requested zone change.
5. The project site includes the retention of an existing Colony Home and an open space
easement over the existing riparian area allowing for location of the guest parking in a
parallel fashion along the shared driveway at the entrance to the project site.
SECTION 2. Recommendation of Approval. The Planning Commission of the City of
Atascadero, in a regular session assembled on October 16, 2007, resolved to recommend that the
City Council introduce for first reading by title only, an Ordinance that would rezone the subject
site consistent with the following:
Exhibit A: Location Map/Zone Map Amendment Diagram
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by
the Planning Commission Secretary to the City Council of the City of Atascadero.
On motion by Commissioner , and seconded by Commissioner
, the foregoing resolution is hereby adopted in its entirety by the
following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ADOPTED:
CITY OF ATASCADERO, CA
Joan O'Keefe
Planning Commission Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
Exhibit A: Location Map / Zone Map Amendment Diagram
Existing nam
- Industrial
- Industrial Park
Proposed Designation:
tion:
- Industrial
- Industrial Park/ PD -30
ATTACHMENT 3: Draft Resolution PC 2007-0086
Recommendation for approval of the Atascadero BMX Facility at Sycamore Rd.
DRAFT RESOLUTION PC 2007-0086
RESOLUTION OF THE PLANING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT
2005-01689 A MASTER PLAN OF DEVELOPMENT FOR A BMX
FACILITY ON APN 028-111-0019 003
6575 Sycamore Rd.
(ABMX)
WHEREAS, an application has been received from Atascadero BMX Association — Tom
Jordan, 8255 Graves Creek Rd., Atascadero, CA 93422, (Applicant) and Atascadero Mutual
Water Company, 5005 El Camino Real, Atascadero, CA 93422, (Property Owner) to consider a
project consisting of a Zone Text Amendment to establish a custom PD Overlay Zone (PD -30)
and a Zone Map Change to apply PD -30 to the subject site with corresponding Master Plan of
Development located at 6575 Sycamore Rd. (APN 028-111-001, 003); and,
WHEREAS, the Planning Commission has recommended that the site's Zoning District
be changed from IP (Industrial Park) to IP/PD-30 (Industrial Park / Planned Development
Overlay -30); and,
WHEREAS, the Planned Development #30 Overlay Zone requires the adoption of a
Master Plan of Development, approved in the form of a Conditional Use Permit; and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0015 were
prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional
Use Permit application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of
Development; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on October 16, 2007 studied and considered the Conditional Use Permit
2005-0168 (Master Plan of Development), after first studying and considering the Proposed
Mitigated Negative Declaration prepared for the project, and,
NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Findings for Approval of Conditional Use Permit. The Planning
Commission finds as follows:
1. The proposed project or use is consistent with the General Plan and the City's
Appearance Review Manual; and,
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance) including provisions of the PD -30 Overlay Zone; and,
3. The establishment, and subsequent operation or conduct of the use will not, because
of the circumstances and conditions applied in the particular case, be detrimental to
the health, safety, or welfare of the general public or persons residing or working in
the neighborhood of the use, or be detrimental or injurious to property or
improvements in the vicinity of the use; and,
4. The proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development; and,
5. The proposed use or project will not generate a volume of traffic beyond the safe
capacity of all roads providing access to the project, either existing or to be improved
in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
6. The Master Plan of Development standards or processing requirements will enhance
the opportunity to best utilize special characteristics of an area and will have a
beneficial effect on the area; and
7. Benefits derived from the Master Plan of Development and PD Overlay Zone cannot
be reasonably achieved through existing development standards or processing
requirements; and,
SECTION 2. Recommendation of Approval. The Planning Commission of the City of
Atascadero, in a regular session assembled on October 16, 2007 resolved to recommend that the
City Council approve Conditional Use Permit 2005-0168 (Master Plan of Development) and
Tree Removal Permit subject to the following:
EXHIBIT A:
Conditions of Approval / Mitigation Monitoring Program
EXHIBIT B:
Master Plan of Development / Site Plan
EXHIBIT C:
Grading Plan
EXHIBIT D:
Erosion Control Plan
EXHIBIT E:
Landscape Plan
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by
the Planning Commission Secretary to the City Council of the City of Atascadero.
On motion by Commissioner , and seconded by Commissioner
, the foregoing resolution is hereby adopted in its entirety by the
following roll call vote:
AYES: ( )
NOES: ( )
ABSTAIN: ( )
ABSENT: ( )
ADOPTED:
CITY OF ATASCADERO, CA
Joan O'Keefe
Planning Commission Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program
Planned Development -30 / Atascadero BMX
6575 Sycamore Rd
Conditions of Approval /
Timing
Responsibility/
Mitigation
Mitigation Monitoring Program
Monitoring
Measure
FM: Final Map
PS: Planning Services
BL: Business
BS: Building Services
6575 Sycamore Rd.
License
FD: Fire Department
GP: Grading
PD: Police Department
Permit
CE: City Engineer
Planned Development Overlay #30
BP: Building
Permit
WW: Wastewater
CA: City Attorney
FI: Final
Inspection
TO: Temporary
Occupancy
F0: Final
Occupancy
Planning Services
1. 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 the Zone Text Amendment and Zone Map Change applications
upon second reading, unless prior to that time, an appeal to the decision is filed
as set forth in Section 9-1.111(b) of the Zoning Ordinance.
2. The Community Development Department shall have the authority to approve
BP / FM
PS, CE
the following minor changes to the project that (1) modify the site plan project
by less than 10%, (2) result in a superior site design or appearance, and/or (3)
address a construction design issue that is not substantive to the Master Plan
of Development.
3. Approval of this Conditional Use Permit shall be valid for twenty four (24)
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.
4. 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 project.
5. All subsequent Tentative Map and construction permits shall be consistent with
BP/FM
PS, CE
the Master Plan of Development contained herein.
6. All site development and future use shall comply with the standards of the
BP
PS, BS
Planned Development -30 Overlay District.
7. 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.
8. All landscaping shall be drought tolerant and shall be designed to screen the
GP/BP
PS
proposed use from adjacent residences and the historic Anza trail. Buffering of
the historic Anza trail shall consist of a minimum 6 -feet of landscaping and shall
be maintained by the Atascadero BMX Association and/or those responsible for
the proposed BMX track as specified by the licensing agreement with the City.
Conditions of Approval /
Timing
Responsibility/
Mitigation
Mitigation Monitoring Program
Monitoring
Measure
FM: Final Map
PS: Planning Services
BL: Business
BS: Building Services
6575 Sycamore Rd.
License
FD: Fire Department
GP: Grading
PD: Police Department
Permit
CE: City Engineer
Planned Development Overlay #30
BP: Building
Permit
WW: Wastewater
CA: City Attorney
Fl: Final
Inspection
TO: Temporary
Occupancy
F0: Final
Occupancy
9. No exterior lighting shall be permitted as part of this project
BP
PS
10. The developer and/or subsequent owner(s) shall assume responsibility for the
FM/
PS
continued maintenance of all landscape and common areas.
Ongoing
11. Fencing around the project boundaries shall be brown or green vinyl clad chain
FM/BP
PS, CA
link fencing.
12. Parking shall be limited to the areas shown on the grading / site plan. No
parking will be permitted along Sycamore Rd. or on any other property or any
other portion of the Atascadero Mutual Water company property.
13. If the use is ever discontinued for more that 9 months, the site shall be restored
to its natural state at the cost of the applicant. A restoration plan shall be
submitted to the City for review and approval.
City Engineer Project Conditions
14. A sight distance analysis shall be completed prior to the issuance of building
GP, BP
CE
permits. Sight distance from the site access driveway shall comply with City
standards and obstructions shall be moved or modified as necessary.
15. The project engineer shall provide a report analyzing impacts of dirt movement
GP, BP
CE
and structures within the floodway and will show that the proposed
improvements will not impact the floodway.
16. All structures shall be designed to be movable. All structures shall be removed
GP, BP
CE
from the floodway between December 1St and March 1St. The applicant shall be
prepared to move all structures between October 15th and April 15th if deemed
necessary by the City Engineer.
17. An encroachment permit from Caltrans shall be required prior to issuance of
any building permits showing overflow parking under the existing Highway 41
bridge. Should a Caltrans encroachment permit not be obtained, the BMX
facility will be limited to only the main parking area shown on the plans.
Mitigation Measures
Mitigation Measure 1.c.1: Landscape buffering shall be provided between the
BP
PS
1.c.1
BMX facility and the Anza trail. Landscaping shall include evergreen native shrubs
such as Ceanothus, Manzanita and Flannel Bushes. Advertisements and signage
will be placed so that no signs are visible from Sycamore Rd or the historic Anza
trail.
Mitigation Measure 1.d.1: Lighting will be limited to low-level safety lighting. No
13P/
PS
1.d.1
track or event lighting will be permitted.
Conditions of Approval /
Timing
Responsibility/
Mitigation
Mitigation Monitoring Program
Monitoring
Measure
FM: Fiml Map
PS: Planning Services
BL: Business
BS: Building Services
6575 Sycamore Rd.
License
FD: Fire Department
GP: Grading
PD: Police Department
Permit
CE: City Engineer
Planned Development Overlay #30
BP: Building
Permit
WW: Wastewater
CA: City Attorney
Fl: Final
Inspection
TO: Temporary
Occupancy
F0: Final
Occupancy
Ongoing
Mitigation Measure 3.b.1: Dust Control Measures - The project as described in
BP
PS/CE/BS
3.b.1
the referral will not likely exceed the APCD's CEQA significance threshold for
degradation of air quality. However, construction and proposed activities can
generate fugitive dust, which could be a nuisance to local residents and
businesses in close proximity to the proposed site. Dust complaints could result
in a violation of the District's 402 "Nuisance" Rule. APCD staff recommend the
following measures be incorporated into the project to control dust during
construction and throughout the life of the proposed use:
Reduce the amount of the disturbed area where possible;
Use water trucks or sprinkler systems in sufficient quantities to
prevent airborne dust from leaving the site. Increased watering
frequency would be required whenever wind speeds exceed 15 mph.
Reclaimed (non -potable) water should be used whenever possible;
All dirt stock -pile areas should be sprayed daily as needed; and
All roadways, driveways, sidewalks, etc. to be paved should be
completed as soon as possible, and building pads should be laid as
soon as possible after grading unless seeding or soil binders are
used.
Mitigation Measure 3.b.2: The track will be watered and maintained to control dust
BP
PS/CE
3.b.2
off of both the track and associated improvements such as the parking areas.
Mitigation Measure 4.e.1: Grading and excavation work shall be consistent with
BP
PS
4.e.1
the City of Atascadero Tree Ordinance. Special precautions when working
around native trees include:
1. All existing trees outside of the limits of work shall remain.
2. Earthwork shall not exceed the limits of the project area.
3. Low branches in danger of being torn from trees shall be pruned prior to
any heavy equipment work being done.
4. Vehicles and stockpiled material shall be stored outside the drip line of
all trees.
Mitigation Measure 4.c.1: The riparian shall be fenced off during initial
BP
PS
4.c.1
construction. The permanent fencing to be installed shall denote the limits of
future activity and use.
Mitigation Measure 5.a.1: The historic Anza trail will be relocated outside the
BP
PS
5.a.1
project boundary and shall be constructed in a manner which is consistent with
current use of the trail.
Mitigation 5.d.1: Should any human remains be discovered on the property, all
BP
PS
5.d.1
work on the project should stop and the County Coroner contacted. If the human
Conditions of Approval /
Timing
Responsibility/
Mitigation
Mitigation Monitoring Program
Monitoring
Measure
FM: Fiml Map
PS: Planning Services
BL: Business
BS: Building Services
6575 Sycamore Rd.
License
FD: Fire Department
GP: Grading
PD: Police Department
Permit
CE: City Engineer
Planned Development Overlay #30
BP: Building
Permit
WW: Wastewater
CA: City Attorney
Fl: Final
Inspection
TO: Temporary
Occupancy
F0: Final
Occupancy
remains are identified as being Native American, the California Native American
Heritage Commission (NAHC) should be contacted at (916) 653-4082.
Mitigation Measure 6.b.1: All detention and erosion control measures shall
13P/
CE
6.b.1
remain in place for the life of the project. Any subsequent earthwork and/or
Ongoing
redesign of the BMX course shall be compatible with the originally approved
grading plan for the site. Any additional grading in excess of 50 cu yds shall
require additional permits through the City.
Mitigation Measure 6.b.2: Construction activities are subject to review for
BP
CE
6.b.2
compliance with City drainage and grading regulations. Drainage will not be
permitted to create or intensify any hazards for persons or property in the vicinity.
Mitigation Measure 8.h.i.1: All structures will be portable. Structures will be
Ongoing
CE
8.h.1.1
removed from the site no later than December 1 st and may not be re-established
at the site until March 4-5t"'1St. In the case of a storm or flood event during the
BMX season, or at any other time as instructed by the City Engineer, all structures
shall be removed and shall not be returned until permitted by the City Engineer.
Mitigation Measure 8.h.i.2: No net fill material shall be permitted at the project site.
13P/
CE
8.h.1.2
Any imported fill must be accompanied by equivalent export of existing material
Ongoing
from the site. Any export material shall be approved by the City Engineer and a
traffic plan with designated export routes and receiver sites shall be submitted to
the Community Development Department and the City Engineer for review and
approval.
Mitigation Measure 11.d.1: All construction and subsequent use activities shall
Ongoing
PS
11.d.1
comply with the City of Atascadero Noise Ordinance for hours of operation.
Mitigation Measure 11.d.2: Amplified sound will be limited to low-level building
Ongoing
PS
11.d.2
mounted equipment on the announcer's tower. Amplified sound will only be used
for events and not for routine practices. Signage shall be posted by the applicant
at the front gate alerting users of the rules for amplified sound and a contact
number for the applicant's designee will be listed so that any use of amplified
sound outside the allowed times can be reported.
EXHIBIT B: Master Plan of Development / Site Plan
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EXHIBIT E: Landscape Plan
ITEM NUMBER: 4
DATE: 10-16-07
Atascadero Planning Commission
Staff Report - Community Development Department
PLN 2007-1244
Minor Conditional Use Permit 2007-0218
6040 EI Camino Real
(Gaughan / Gogstetter)
SUBJECT:
The proposed project consists of an application for a Conditional Use Permit to
establish an indoor auto and vehicle (motorcycle) dealership within an existing building
at 6040 EI Camino Real.
RECOMMENDATION:
Staff Recommends:
Adopt Resolution PC 2007-0082 approving Minor Conditional Use Permit 2007-0218
based on findings and subject to Conditions of Approval.
Situation and Facts
1. Applicant / Representative: Kevin Gogstetter, 2470 Homestead Road, Templeton,
CA 93465
2. Owner: Patrick Gaughan, 10630 San Marcos, Atascadero, CA
93422
3. Project Address: 6040 EI Camino Real, Atascadero, CA 93422
(San Luis Obispo County) APN 030-191-001
4. General Plan Designation: Downtown (D)
5. Zoning District: Downtown Commercial (DC)
6. Site Area: 0.166 acres
7. Existing Use: Vacant
8. Environmental Status: Class 1, Categorical Exemption Section 15301: Existing
Facilities
DISCUSSION:
Project Definition
The proposed project consists of a request to establish an indoor auto and vehicle
(motorcycle) dealership at 6040 EI Camino Real. The application proposes all motor-
cycles and accessories to be displayed and sold inside the existing building.
Background
Surrounding Land Use and Setting:
North: Downtown Commercial
South: Downtown Commercial
East: Downtown Commercial
West: Highway 101
The project site is within the Downtown General Plan Land Use Designation and
Downtown Commercial Zoning District, which conditionally allows indoor dealerships if
the required findings can be made.
Analysis
The site plan has been designed to meet the requirements of the Atascadero Municipal
Code. The site is exempt from screening requirements for the reason that it is all
located indoors.
The site plan includes 5 paved, on-site parking spaces. Access will be provided off
existing driveways of EI Camino Real and Traffic Way.
-fir ute WL[( ftMOVe , a Mny o 4he Proposed
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The applicant has also proposed minor on-site improvements that will help improve the
existing appearance and bring the property into code compliance. Some of these
improvements include: removing various poles on the site, removing an unpermitted
addition, removing debris, mowing the vacant lot, painting the exterior, removing
reflective window tint, and adding planters in various locations (see attachment 4).
Findings
A Conditional Use Permit is required for all conditionally allowed uses to ensure
compatibility with the surrounding neighborhood and mitigatable impacts such as traffic,
noise, and overall project appearance. The Conditional Use Permit process provides
the opportunity for the public and the Planning Commission to review the specifics of
land use proposals such as architectural design, site design, landscape, signage, and
specific standards of the Zoning Ordinance.
The Planning Commission must make the following five findings to approve a
Conditional Use Permit:
1. The proposed project or use is consistent with the General Plan.
Staff Comment: The use is consistent with the General Plan. Specifically it relates to
Atascadero's Smart Growth Principals by reinvesting in the maintenance and
revitalization of existing infrastructure. Allowing this use will help bring new vitality to
a under utilized property in the downtown.
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance).
Staff Comment: As conditioned, the project satisfies all Conditional Use Permit
provisions for an indoor auto and vehicle dealership.
3. The establishment, and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particular case, be
detrimental to the health, safety, or welfare of the general public or persons residing
or working in the neighborhood of the use, or be detrimental or injurious to property
or improvements in the vicinity of the use.
Staff Comment: The proposed indoor auto and vehicle dealership use will not be
detrimental to the general public or working person's health, safety, or welfare.
4. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development.
Staff Comment: The proposed area is an existing development that is currently
vacant. Allowing the use will enhance the economic condition of the area and the on-
site improvements will aesthetically improve the site character.
5. That the proposed use or project will not generate a volume of traffic beyond the
safe capacity of all roads providing access to the project, either existing or to be
improved in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
Staff Comment: The proposed project and use is consistent with the traffic
projections and road improvements anticipated within the General Plan. The project
site is an existing site along a currently developed portion of EI Camino Real and
Traffic Way.
Environmental Determination
CEQA exempt: Article 19. Categorical Exemptions, Class 1, Section 15301: Existing
Facilities
Conclusion
Based on staff's analysis in the preceding sections, it appears that all of the required
findings for approval of a Conditional Use Permit can be made. The project enhances
the appearance of the downtown area and brings in a new business to the downtown on
a property where currently none exist.
The proposed project is consistent with the General Plan and Atascadero Municipal
Code, as analyzed within this staff report. It is staff's opinion that the proposed project,
as conditioned allows the Planning Commission to make all of the required findings for
project approval.
ALTERNATIVES
1. The Commission may recommend modifications to the project and/or conditions
of approval for the project.
2. The Commission may determine that more information is needed on some
aspect of the project and may refer the item back to the applicant and staff to
develop the additional information. The Commission should clearly state the type
of information that is required and move to continue the item to a future date.
3. The Commission may deny the project. The Commission should specify the
reasons for denial of the project and make an associated finding with such
action.
PREPARED BY: Mathew Fawcett, Planning Technician
ATTACHMENTS:
Attachment 1:
Location Map, General Plan, and Zoning
Attachment 2:
Aerial
Attachment 3:
Class 1, Categorical Exemption
Attachment 4:
Site Improvements
Attachment 5:
Draft Resolution PC 2007-0082
Attachment 1: Location Map, General Plan and Zoning
Zoning: Downtown Commercial (DC)
General Plan Designation: Downtown (D)
Attachment 2: Aerial
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Location
NA�t 46
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Attachment 3: Class 1, Categorical Exemption
CITY OF ATASCADERO
NOTICE OF EXEMPTION
6907 El Camino Real Atascadero, CA 93422 805.461.5000
Date Received for Filing
TO: ® File
FROM: Mathew Fawcett, Planning Technician
City of Atascadero
6907 El Camino Real
Atascadero, CA 93422
SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public
Resources Code.
Project Title: Conditional Use Permit 2007-0218
Project Location: 6040 El Camino Real, Atascadero, CA 93422, San Luis Obispo County
Proiect Description: The project consists of allowing the use of a indoor auto and vehicle
dealership located at 6040 El Camino Real.
Name of Public Agency Approving Project: City of Atascadero
Name of Person or Agency Carrying Out Project: Kevin Gogstetter (applicant)
Exempt Status:
❑ Ministerial (Sec. 15073) ❑ Emergency Project (Sec. 1507 (b) and (c))
❑ Declared Emergency (Sec. 15061 (a)) ❑ General Rule Exemption (Sec. 15061.c)
® Categorically Exempt (Sec. 15303(d, e))
Reasons why Proiect is exempt: Class 1 of the California Environmental Quality Act (CEQA)
(Section 15301, Existing Facilities) exempts the permitting or leasing of public or private
structures or facilities involving no expansion of use beyond that existing at the time of the lead
agency's determination.
Contact Person: Mathew Fawcett, Planning Technician (805)4 1-5000 ext. 2406
Date: October 2, 2007 % u-- -
Mathew Fawcett
Planning Technician
ATTACHMENT 4: Site Improvements
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ATTACHMENT 5: Draft Resolution PC 2007-0082
DRAFT RESOLUTION PC 2007-0082
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING MINOR
CONDITIONAL USE PERMIT 2007-0218 / PLN 2007-1244
APN 030-191-001
(6040 El Camino Real / Gogstetter)
WHEREAS, an application has been received from Applicant Kevin Gogstetter, (2470
Homestead Rd. Templeton, CA 93465) and Property Owner Patrick Gaughan (10630 San
Marcos Road, Atascadero, CA 93422) to consider a project consisting of a Minor Conditional
Use Permit to establish a indoor auto and vehicle dealership use (CUP 2007-0218); and,
WHEREAS, the site's current General Plan Designation is Downtown (D); and,
WHEREAS, the site's current Zoning is Downtown Commercial (DC); and,
WHEREAS, a Minor Conditional Use Permit is required to establish a indoor auto and
vehicle dealership use within the Downtown Commercial zone; and,
WHEREAS, the proposed use is CEQA exempt: Article 19. Categorical Exemptions,
Class 1, Section 15301. Existing Facilities; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Minor
Conditional Use Permit application was held by the Planning Commission of the City of
Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said
Conditional Use Permit; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on October 16, 2007, studied and considered the Minor Conditional Use
Permit 2007-0218, and,
NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Findings of Environmental Exemption. The Planning Commission finds
as follows:
1. The proposed project has been found Categorically Exempt under Class 1, Section 15301
of the California Environmental Quality Act.
SECTION 2. Findings for approval of Minor Conditional Use Permit. The Planning
Commission finds as follows:
1. The proposed project or use is consistent with the General Plan and the City's
Appearance Review Manual; and,
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance); and,
3. The establishment, and subsequent operation or conduct of the use will not, because
of the circumstances and conditions applied in the particular case, be detrimental to
the health, safety, or welfare of the general public or persons residing or working in
the neighborhood of the use, or be detrimental or injurious to property or
improvements in the vicinity of the use; and,
4. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development; and,
5. That the proposed use or project will not generate a volume of traffic beyond the safe
capacity of all roads providing access to the project, either existing or to be improved
in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular
session assembled on October 16, 2007 resolved to approve the Minor Conditional Use Permit
2007-0218 subject to the following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Site Plan
EXHIBIT C: On -Site Improvements
On motion by Commissioner , and seconded by Commissioner
the foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ADOPTED:
CITY OF ATASCADERO, CA
Joan O'Keefe
Planning Commission Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
EXHIBIT A: Conditions of Approval
(CUP 2007-0218)
Conditions of Approval /
Timing
Responsibility /
Mitigation
Mitigation Monitoring Program
Monitoring
Measure
FM: Final Map
BL: Business
PS: Planning Services
BS: Building Services
6040 El Camino Real
License
FD: Fire Department
PD: Police Department
PLN 2007-1244/CUP 2007-0218
GP: Grading
Permit
CE: City Engineer
BP: Building
Permit
WW: Wastewater
CA: City Attorney
FI: Final
Inspection
TO: Temporary
Occupancy
F0: Final
Occupancy
Planning Services
1. This Minor Conditional Use Permit shall be for a indoor auto and vehicle
FM
PS
use located on parcel 030-191-001 regardless of owner.
2. The approval of this use permit shall become final and effective for the
FM
PS
purposes of issuing building permits fourteen (14) days following the
Planning Commission approval unless prior to the time, an appeal to the
decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance.
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) months
BP/FM
PS
after its effective date. At the end of the period, the approval shall expire
and become null and void unless the project has received a building permit.
Phase II shall be constructed within 5 -years of this approval. Approval of
Phase II shall expire at that time and become null and void, requiring a
Conditional Use Permit amendment to reinstate. Any such proposal shall
comply with all future zoning ordinances standards.
5. All vehicle storage is to be located within the structure as shown in Exhibit
Ongoing
PS
B. No outdoor storage is to be located on-site.
6. All on-site improvements shall be done, as shown in Exhibit C, prior to
PS
PS
issuance of business license.
EXHIBIT B: Site Plan
ATTACHMENT C: Site Improvements
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ITEM NUMBER: 5
DATE: 1 n-1 s -n
Atascadero Planning Commission
Staff Report - Community Development Department
PLN -2099-0818
General Plan Amendment / Zone Change / Planned Development
Amendment and 2 -lot Parcel Map
Eagle Creek Golf Course
(Gearhart)
RECOMMENDATIONS:
Staff Recommends the Planning Commission:
1. Adopt Draft Resolution 2007-0089 recommending the City Council certify Proposed
Mitigated Negative Declaration 2007-0022; and,
2. Adopt Draft Resolution 2007-0090 recommending the City Council approve General
Plan Amendment 2005-0016 based on findings; and,
3. Adopt Draft Resolution 2007-0091 recommending the City Council introduce for first
reading, by title only, a draft ordinance approving Zone Text Change 2005-0111
amending the PD -8 Overlay District based on findings; and,
4. Adopt Draft Resolution 2007-0092 recommending the City Council introduce for first
reading, by title only, a draft ordinance approving Zoning Map Change 2005-0111
based on findings; and,
5. Adopt Draft Resolution 2007-0093 recommending the City Council approve
Conditional Use Permit 2005-0175 (Master Plan of Development) based on findings
and subject to Conditions of Approval and Mitigation Monitoring; and,
6. Adopt Draft Resolution 2007-0094 recommending the City Council approve Vesting
Tentative Parcel Map 2005-0080 based on findings and subject to Conditions of
Approval and Mitigation Monitoring.
ITEM NUMBER: 5
DATE: 1 n-1 s -n7
REPORT -IN -BRIEF:
The proposed project consists of a General Plan Amendment of 10.0 acres from CREC
(Commercial Recreation) to RSF-Y (Residential Single -Family 1.0 acre min), a Zone
Change of 10.0 acres from LS (Special Recreation) to SFR -Y (Single -Family Residential
1.0 acre min), an amendment of the Master Plan of Development for Planned
Development -8 to replace an existing golf course with two single-family residences, and
a parcel map to subdivide 10.0 acres into two lots. The proposed project is located
within the 100 -year flood plain.
Situation and Facts:
1. Applicant / Representative: Kelly Gearhart, 6205 Alcantara Ave., Atascadero, CA
93422
2. Owner: Kelly Gearhart, 6205 Alcantara Ave., Atascadero, CA
93422
3. Project Address: 13000 Atascadero Road, Atascadero, CA 93422
APN 045-391-015, 016
4. General Plan Designation: CREC (Commercial Recreation)
5. Zoning District: LS (Special Recreation)
7. Site Area: 10.0 acres
8. Existing Use: Abandoned Golf Course
9. Environmental Status: Proposed Mitigated Negative Declaration 2007-0022
Surrounding Land Use and Setting:
North: Rural Residential / Santa Barbara Road
East: Residential Single -Family
South: Single Family Residential
West: US 101 / Rural Residential
ITEM NUMBER
DATE: 10-16-07
Location Map
ITEM NUMBER: 5
DATE: 1 n-1 s -n7
DISCUSSION:
Background:
The City Council has held two separate study sessions to review proposed changes to
the Eagle Creek Golf Course. The first study session was on March 28, 2006 where the
applicant proposed a youth sports field in the location of the golf course with two new
single-family residential units. This proposal was deemed to be too intensive for the
neighborhood by the City Council. The City Council directed staff and the applicant to
develop a less intensive reuse plan. A second study session was held on March 27,
2007 to review a new reuse concept. This concept involved converting two existing golf
course buildings into single-family residential dwellings and restoring the golf course
back to a native landscape. This concept was supported by the surrounding neighbors
and the City Council. The City Council authorized staff to prepare a General Plan
Amendment for this project concept.
The property in question was originally zoned as Commercial Tourist. In 1991, the
property was rezoned to Special Recreation and High Density Single -Family with the
PD -8 Overlay District. The rezoning and PD -8 allowed for the construction of the golf
course, driving range and 13 single-family units.
1991 Eagle Creek Planned Development Overlay Zoning Code Text
9-3.652 Establishment of Planned Development Overlay Zone No. 8: (PD8).
Planned Development Overlay Zone No. 8 is established as shown on the Official Zoning Maps
(Section 9-1.102). The following development standards are established:
(a) A Master Plan of Development shall be approved prior to any development of the site. The
Master Plan shall be processed in the same manner as a conditional use permit except that the
Master Plan may be submitted and processed in the same manner set forth for the processing of a
tentative map.
(b) In approving a Master Plan of Development for the site, the uses allowed shall be limited to:
(1) Single-family dwellings;
(2) Residential accessory uses (See Section 9- 6.106);
(3) Crop production and grazing;
(4) Farm animal raising (See Section 9-6.111);
(5) Home occupation (See Section 9-6.105);
(6) Temporary dwelling (See Section 9-6.176);
(7) Agricultural accessory uses (See Section 9- 6.109);
(8) Outdoor recreation services, limited to a golf course and/or tennis and swim club (See Section 9-
6.123);
(9) Pipelines.
(c) No uses shall be established, or expanded, unless approved pursuant to a Master Plan following
ITEM NUMBER: 5
DATE: 10-16-07
a public hearing.
(d) The grove of oak trees located on the slope between the top of the knoll and the intersection of
Santa Barbara and Atascadero Roads shall be preserved. In approving a Master Plan, or Tentative
Map, efforts shall be made to place this extreme western portion of the property into open space
easement, or otherwise ensure its preservation.
(e) Any substantial expansion of recreational uses beyond a nine -hole golf course shall require
preparation of a traffic study. The result of that traffic study and recommendation shall appear on the
consent calendar of the City Council.
(f) Residential uses shall be subject to Appearance Review. (Ord. 338 § 2, 1998: Ord. 221 § 3, Exh.
B, 1991)
1991 Master Plan of Development
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ITEM NUMBER: 5
DATE: 10-16-07
In 1998, PD -8 was amended to allow the golf course and driving range to take access
off of Atascadero Road rather than Santa Barbara Road as originally required.
In 2000, the owner applied for a Zone Change and PD Master Plan Amendment to
remove the outdoor driving range and add four additional single-family units. The
request was approved on April 10, 2001. In 2005, the golf course was closed to the
public and watering and maintenance of the course ceased.
2001 Master Plan of Development
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ITEM NUMBER: 5
DATE: 1 n-1 s -n7
ANALYSIS:
Master Plan of Development
The proposed project is consistent with the concept plan presented to the City Council
on March 27, 2007. The proposed project will convert two existing golf course buildings
into single-family residential units and subdivide the golf course into two lots. The golf
course fairways will be converted back to a natural landscape with the planting of native
trees, shrubs and grasses. An open space easement will be placed over the golf
course area to ensure this area remains open and landscaped in perpetuity. The
maintenance of the open space area will be the sole responsibility of the owner of lot 1
which will also include the converted golf clubhouse building. The existing parking lot
and support facilities surrounding the clubhouse will be removed as part of the project.
The applicant is also proposing a gated gravel driveway that will take access from Santa
Barbara Road. The purpose of the driveway is to provide access to the rear of most of
the existing lots that had frontage on the golf course.
Existing support shop
to be converted into a
single-family unit
Existing Clubhouse to
be converted into a
single-family unit
ITEM NUMBER: 5
DATE: 1 n-1 r, -n7
Proposed 2007 Eagle Creek Master Plan of Development
Project Location
Area to be
redesignated from
Recreation to Single -
Family Residential 1 ac
minimum
Existing golf course to be re -
landscaped with native plants
and protected with an open
space easement
Existing clubhouse to
be converted into a
single-family
residential unit
Existing shop to be
converted into a single-
family residential unit
c)
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1
ITEM NUMBER: 5
DATE: 1 n-1 s -n7
Landscape Restoration Plan / Open Space Restrictions
A conceptual landscape plan has been prepared for the open space portion of the golf
course. The landscape plan was developed by a landscape architect and the biologists
at Althouse and Meade to restore the golf course as a native landscape. The area will
be replanted with native upland trees including Oaks, Bay Trees and Pines; and along
the creek Riparian Species including Sycamores, Cottonwoods, and Willows. The
restoration planting will also include native perennial grasses, shrubs, and ground
covers. This restoration planting is intended to create an attractive visual landscape
along US 101 and create a beneficial natural habitat along Paloma Creek. A permanent
open space easement will be placed on approximately 6.5± acres of Lot 1. The open
space easement will require the landscape to be maintained by the owner of Lot 1. In
addition the easement will prohibit the construction of structures, parking of vehicles,
storage of equipment, or the keeping of livestock. The existing storage building will be
excluded from the open space easement.
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ITEM NUMBER: 5
DATE: 1 n-1 s -n7
Neighborhood Compatibility
The propose project has been designed to be compatible with the surrounding
neighborhood and create an attractive open space appearance that is similar to the
original golf course. At the March 27, 2007 study session many of the neighbors
expressed support to the project concept with the open space restoration. Staff has
been contacted by some neighbors with concerns about the project. One issue raised
concerned the club house parking lot, walkways and transformers that are located on
some of the lots on Eagle Creek Drive. The site improvement plans indicates that all of
these improvements will be removed from the neighboring lots. Another neighbor
expressed concern about gaining access to the rear of their lot. The access driveway
provides access to the rear of most of the lots with the exception of lot APN 045-391-
033 located at the end of Atascadero Road. The applicant claims that access to the
rear of this lot is not feasible because of the location of Paloma Creek.
Project Benefits and Standard PD Conditions
Council policy requires Planned Development (PD) projects to provide a number of
public benefits in exchange for the Planned Development. Because this is an existing
PD with an abandoned golf course it may not be practical for the project to provide the
standard PD benefits. It is staff's understanding from the Council's March 27, 2007
study session, that the open space restoration element of the project will be considered
the public benefit of the project similar to the PD benefits of a PD -16.
PD Location
Tier 1 Benefits
Tier 2 Benefits
Outside of Urban Core
a) Natural Open Space Preservation
a) Multi -Purpose Trails — Equestrian
/ Bicycle / Pedestrian
Rural / Suburban Areas
b) Recreational Areas / Facilities
PD -16
c) Historic Preservation
City policy requires PD's to provide affordable housing. Since the project is limited to
two houses on large lots the provision of affordable housing within the project does not
appear practical. Staff is recommending that the project be conditioned to pay an
affordable housing in -lieu fee.
City policy also requires PD projects to form a community facilities district (CFD) to off
set emergency services costs. Due to the small size of the project and the fact that the
rest of PD -8 will not be subject to the requirement, staff is recommending that the CFD
requirement be waived for this project.
Site Drainaae / Flood Plain
Most of the golf course site is occupied by the flood plain for Paloma Creek. The club-
house and shop buildings that are proposed to be converted to residential are above the
100 -year flood plain. Since the area of the site located within the flood plain is planned
ITEM NUMBER: 5
DATE: 1 n -16-n7
to be restored to a natural landscape the project is considered to have a beneficial
impact on Paloma Creek and the flood plain. The existing golf course will be
recontoured to improve drainage.
Wastewater Systems
The project site is not located in an area that is served by sewer. The existing club-
house is currently served by a septic system. Both residential units will be served by a
private septic system. The septic system leach fields and expansion areas will be
setback a minimum of 100 feet from Paloma Creek consistent with the watercourse
setback requirements of the RWQCB Basin Plan. The septic systems will also be
located outside of the 100 -year flood plain.
Interchange Widening dedication.
The project site is located adjacent to the Santa Barbara Road / US 101 interchange.
Future plans call for improvements to the interchange to accommodate existing and
future traffic impacts that are expected to occur. The City is currently in the process of
studying the feasibility of installing traffic roundabouts at the ramp heads to
accommodate future traffic levels. Installation of roundabouts will require additional
right-of-way dedications from neighboring properties to accommodate the
improvements. Staff is recommending the project be conditioned to provide a 60± foot
dedication at the northeastern corner of the golf course area to accommodate the
roundabout. If this dedication is not required at this time, the City will be required to
purchase the right-of-way in the future.
Santa Barbara Future
Road Roundabouts
ROW dedication
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Existing Golf �\ us 101/
Course ' ��
ITEM NUMBER
DATE: 10-16-07
Planned Development Overlay Amendments
The proposed project requires the amendment of the PD -8 Overlay District for the
project site. The proposed text amendments will modify PD -8 to be exclusively a
residential project.
9-3.652 Establishment of Planned Development Overlay Zone No. 8: (PD -8).
Planned Development Overlay Zone No. 8 is established as shown on the Official Zoning
Maps (Section 9-1.102). The following development standards are established:
(a) A Master Plan of Development shall be approved prior to any development of the site.
The Master Plan shall be processed in the same manner as a conditional use permit except
that that Master Plan may be submitted and processed in the same manner set forth for the
processing of a tentative map.
(b) In approving a Master Plan of Development for the site, the uses allowed shall be
limited to:
(1) Single-family dwellings;
(2) Residential accessory uses (See Section 9- 6.106);
(3) Crop pr-o"etien and gr-azing;
(4) F.,,-,,-, animal rising (coo Song,,„ 96.111);
(5) Home occupation (See Section 9-6.105);
(6) Temporary dwelling (See Section 9-6.176);
;
(8) Outdoof r-eer-eatien sefviees, limited to a golf eour-se and/er- tennis and swim elub
;
(9) Pipelines.
(c) No uses shall be established, or expanded, unless approved pursuant to a Master Plan
following a public hearing.
(d) The grove of oak trees located on the slope between the top of the knoll and the
intersection of Santa Barbara and Atascadero Roads shall be preserved. In approving a
Master Plan, or Tentative Map, efforts shall be made to place this extreme western portion
of the property into open space easement, or otherwise ensure its preservation.
(e) A" substantial expansion of r-eer-eational uses beyond a aine hole golf eetffse shall
. . . . ar-atien of a t-r-affie study. The result ef that tfaffie study and r-eeenimendati
shalappear-l on the , nt ,.,,lona.,,- of the City Couneil.
(f) Residential uses shall be subject to Appearance Review. (Ord. 338 § 2, 1998: Ord. 221
§ 3, Exh. B, 1991)
(g) An open space easement of 6.5± acres shall be maintained in perpetuity on the northern
part of lot 1 created by parcel map AT 05-0364. The open space easement shall remain
landscaped and with plant material in ,good condition consistent with the landscape plan
adopted by CUP 2005-0175 (Master Plan of Development PD -8). No structures, vehicles,
equipment, livestock or material shall be erected or stored in the open space easement. No
further subdivisions or lot line adjustments shall be permitted of lot 1 created by parcel
map AT 05-0364.
ITEM NUMBER: 5
DATE: 1 n -16-n7
General Plan Consistency
The proposed project appears to be consistent with the following General Plan Land
Use and Housing Element Policies:
Land Use Policy 1.1: "Preserve the rural atmosphere of the community and assure
"elbow room" in areas designed for lower density development by guiding new
development into the Urban Core to conform to the historic Colony land use patterns of
the City and to respect the natural environment, hillside area and existing
neighborhoods."
The proposed project is consistent with the goals and policies of the Land Use Element
and the Housing Element. The project will provide two single-family residential units
within the single-family residential zone.
Land Use Policy 2.1: "Ensure that new development is compatible with existing and
surrounding neighborhoods".
Findings
General Plan Amendment
As specified in the City's General Plan and Zoning Ordinance, the following findings for
the proposed Zone Text Change, Zone Map Change, and Conditional Use Permit
(Master Plan of Development), must be made in order to approve the proposed project.
Amendment of PD -8
Modification of development standards or processing requirements is warranted to
promote orderly and harmonious development.
1. Modification of development standards or processing requirements will enhance
the opportunity to best utilize special characteristics of an area and will have a
beneficial effect on the area.
2. Benefits derived from the Overlay Zone cannot be reasonably achieved through
existing development standards or processing requirements.
Planned Development Overlay
As specified in the City's General Plan and Zoning Ordinance, the following specific
findings for the proposed Zone Change shall be made in order to approve the proposed
project:
ITEM NUMBER: 5
DATE: 1 n-1 s -n7
1. The proposed Zone Change is in conformance with the adopted General Plan
Goals, Policies, and Programs and the overall intent of the General Plan.
2. The proposed Zone Change is compatible with existing development,
neighborhoods and the environment.
3. The proposed Zone Change will not create any new significant and
unavoidable impacts to traffic, infrastructure, or public service impacts.
4. Modification of development standards or processing requirements is
warranted to promote orderly and harmonious development.
5. Modification of development standards or processing requirements will
enhance the opportunity to best utilize special characteristics of an area and
will have a beneficial effect on the area.
6. Benefits derived from the Overlay Zone cannot be reasonably achieved
through existing development standards or processing requirements.
7. The proposed project offers certain redeeming features to compensate for the
requested Zone Change.
Conditional Use Permit (Master Plan of Develoament
A Master Plan of Development is required for the Planned Development in the form of a
Conditional Use Permit. The proposed Master Plan of Development sets development
standards related to architectural design, site design, landscaping and specific
development standards required by the Zoning Ordinance. The Planning Commission
needs to recommend that the following seven findings be made for approval of the
proposed Master Plan of Development:
1. The proposed project or use is consistent with the General Plan and the City's
Appearance Review Manual.
Staff Comment: The use is consistent with the General Plan Land Use Element
Policy 1.1, and 2.1.
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance) including the Planned Development Ordinance.
Staff Comment: As conditioned, the project satisfies all Conditional Use Permit and
Planned Development Zoning Code requirements.
3. The establishment, and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particular case, be
detrimental to the health, safety, or welfare of the general public or persons residing
ITEM NUMBER: 5
DATE: 1 n-1 s -n7
or working in the neighborhood of the use, or be detrimental or injurious to property
or improvements in the vicinity of the use.
Staff Comment: The proposed project and landscape restoration will be compatible
with the surrounding neighborhood.
4. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development.
Staff Comment: The project's large lots and large open space area will be
consistent with the character of the immediate neighborhood.
5. That the proposed use or project will not generate a volume of traffic beyond the
safe capacity of all roads providing access to the project, either existing or to be
improved in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
Staff Comment: The proposed project will reduce the traffic impacts from with
pervious use on the site.
6. The Master Plan of Development standards or processing requirements will enhance
the opportunity to best utilize special characteristics of an area and will have a
beneficial effect on the area.
Staff Comment: The project has been designed to restore an abandoned golf
course with the native landscape creating an attractive gateway along US 101 and
restoring open space views for surrounding neighbors.
7. Benefits derived from the Master Plan of Development and PD -8 overlay zone
cannot be reasonably achieved through existing development standards or
processing requirements.
Staff Comment: The only feasible way to restore the abandoned golf course is to
amend PD -8 to allow a new replacement use.
Proposed Environmental Determination
A Draft Mitigated Negative Declaration was circulated to public agencies and interested
members of the public on September 28, 2007. The environmental analysis identified
concerns regarding potential impacts to archaeology, biological resources and water
quality. Based on special studies that analyzed these impacts, mitigation measures
pertaining to these resources are included. A finding is proposed that this project would
not have a significant effect on the environment based upon the implementation of the
identified mitigation measures.
ITEM NUMBER: 5
DATE: 1 n-1 s -n7
Conclusion
The proposed project is a creative approach to eliminate an abandoned golf course that
has become a visual blight to the southern gateway of Atascadero. The conversion of
two golf course buildings into residential units and the restoration of the golf course into
natural open space is a good solution that will benefit the applicant, the surrounding
neighbors and the City.
ALTERNATIVES
1. The Planning Commission may recommend modifications for the project and/or
Conditions of Approval for the project.
2. The Planning Commission may determine that more information is needed on
some aspect of the project and may refer the item back to the applicant and staff
to develop the additional information. The Planning Commission should clearly
state the type of information that is required and move to continue the item to a
future date.
3. The Planning Commission may recommend denial of the project. The Planning
Commission should specify the reasons for denial of the project and make an
associated finding with such action.
ATTACHMENTS:
Attachment 1:
Location, General Plan, and Zoning Map
Attachment 2:
Site Aerial
Attachment 3:
Proposed Mitigated Negative Declaration and Initial Study
Attachment 4:
Draft Resolution 2007-0089
Attachment 5:
Draft Resolution 2007-0090
Attachment 6:
Draft Resolution 2007-0091
Attachment 7:
Draft Resolution 2007-0092
Attachment 8:
Draft Resolution 2007-0093
Attachment 9:
Draft Resolution 2007-0094
ITEM NUMBER
DATE: 10-16-07
Attachment 1: Location, General Plan, and Zoning Map
Attachment 2: Site Aerial
44
ITEM NUMBER: 5
DATE: 10-16-07
Foom"u,
ITEM NUMBER: 5
DATE: 1 n_1 a_n7
Attachment 3: Proposed Mitigated Negative Declaration and Initial Study
l�r n r i r r i„
r �,ITl' V AT_-�SCADERO
PROPOSED MITIGATED
NEGATIVE DECLARLATION =2007-0022
6907 El Camino Real Atascadero, CA 93 42 2 805/461-5000
APPLICANT: Kelly Gearhart
6205AlcantaraAve..
Atascadero, CA 93422
PROJECT TITLE: Eagle Creek Golf Course General Pian Amendment/Zone Change /
Planned Development Amendment and 2 -lot Parcel, (PLN --2099-
0818)
PROJECT LOCATION: 130.00. Atascadero..Road,. Atascadero, ..CA.93422
San Luis Obispo County
APN043-391-013, 016
PROJECT DESCRIPTION: The proposed project consists of a General Plan Amendment of 10.0 acres from CREC
(Commercial Recreation) to RSF-Y (Residential Single Family 1.0 acre min), Zone
Change of 10.0 acres from LS (Special Recreation) to SFR -Y (Single Family Resident:'al
1.0 acre min), amendment of the Master Plan of Development for Planned Development
8 to replace an existing golf course with two single-family residences, and parcel map to
subdivide 10.1 acres into two lots. The proposedproject is located within the 100 -year
flood plain.
FINDINGS:
1. The project does not have the potential to degrade the environment when mitigation measures are
incorporated into the project.
2. The project will not achieve shortterm to the disadvantage of long-term environmental goals.
3. The project does not have impacts which are individually limited, but cumulatively considerable.
4. The project will not cause substantial adverse effects on human beings either directly or indirectly.
DETERMINATION:
Based on the above findings, and the information contained in the initial study 2006-0022 (made a part hereof by
reference and on file in the Community Development Department), it has been determined that the above project will
not have an adverse impact on the environment when the following proposed mitigation measures are incorporated
into the project.
PREPARED BY: Warren Face, Community Development Director
DATE POSTED: September 28, 2007
PUBLIC REVIEW ENDS: October29,2007
I.. patle I GPA X050016.CEYJArUWMW, NMI
ITEM NUMBER:
DATE: 10-16-07
Insert neg dec here
ITEM NUMBER
DATE: 10-16-07
ATTACHMENT 4: Draft Resolution 2007-0089
Approval of Draft Mitigated Negative Declaration
DRAFT RESOLUTION 2007-0089
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA,
RECOMMENDING THE CERTIFICATION OF PROPOSED
MITIGATED NEGATIVE DECLARATION 2007-0022 PREPARED
FOR GENERAL PLAN AMENDMENT 2005-0016, ZONE CHANGE
2005-0111, CONDITIONAL USE PERMIT 2005-0175 AND VESTING
TENTATIVE PARCEL MAP 2005-0080
APN 045-391-015, 016
13000 Atascadero Road
(Gearhart)
WHEREAS, an application has been received from Kelly Gearhart, 6205 Alcantara
Avenue, Atascadero, CA 93422 (Applicant) and Atascadero Homeowners LLC, 6205 Alcantara
Avenue, Atascadero, CA 93422 (Property Owner) to consider a project consisting of a General
Plan Land Use Diagram Amendment from CREC (Commercial Recreation) to SFR -Y (Single -
Family Residential 1.0 ac min) and a Zoning Map Change from LS / PD -8 / FH (Special
Recreation with a Planned Development -8 and Flood Hazard Overlay) to RSF-Y / PD -8 / FH
(Residential Single -Family 1.0 ac min with a Planned Development 8 and Flood Hazard
Overlay) with a corresponding Master Plan of Development and Vesting Tentative Parcel Map
on a 10.0 -acre site located at 13000 Atascadero Road (045-391-015, 016); and,
WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2007-0022
were prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the Planning Commission of the City of Atascadero held a public hearing
on October 16, 2007 to consider the following project and proposed environmental document;
and,
WHEREAS, the Planning Commission has determined that the project will have no
significant impacts with project specific mitigation measures incorporated, and,
ITEM NUMBER: 5
DATE: 10-16-07
NOW THEREFORE, the City of Atascadero Planning Commission, hereby resolves to
recommend that the City Council certify Proposed Mitigated Negative Declaration 2007-0022
based on the following Findings, and as shown in Exhibit A:
1. The Proposed Mitigated Negative Declaration has been completed in compliance with
CEQA; and,
2. The Proposed Mitigated Negative Declaration was presented to the Planning
Commission, and the information contained therein was considered by the Planning
Commission, prior to recommending action on the project for which it was prepared; and,
3. The project does not have the potential to degrade the environment when mitigation
measures are incorporated into the project; and,
4. The project will not achieve short-term to the disadvantage of long-term environmental
goals; and,
5. The project does not have impacts which are individually limited, but cumulatively
considerable; and,
6. The project will not cause substantial adverse effects on human beings either directly or
indirectly.
On motion by Commissioner , and seconded by Commissioner
, the foregoing resolution is hereby adopted in its entirety by the
following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ADOPTED:
CITY OF ATASCADERO, CA
Joan O'Keefe, Chairperson
ATTEST:
Warren M. Frace
Community Development Director
ITEM NUMBER: 5
DATE: 1 n_1 a -n7
Exhibit A Proposed Mitigated Negative Declaration 2007-0022
r iCITY OFAT_. SC,- DEPO
':a"l r r:71
PROPOSED IIITIC-_-TED
' NEGATIVE DECLARATION -02007-0022
6907 El Camino Real Atascadero, CA 93422 805/461-5000
APPLICANT: Kelly Gearhart
620SAkantaraAve..
Atascadero, CA 93422
PROJECT TITLE: Eagle Greek Golf Course General Plan Amendment /Zone Change /
Planned Development Amendment and 2 -lot Parcel &j PLV --2099-
0818)
PROJECT LOCATION:730.00.Atascadero..Raad,.Atascadero,...CA.Q3.4,22
San Luis Obispo County
APN04S-391-01S, 016
PROJECT DESCRIPTION: The proposed project consists of a General Plan Amendment of I0.0 acres from CREC
(Commercial Recreah'on) to RSF-Y (Residential Single Family 1.0 acre min), Zone
Change of 10.0 acres from LS (4ecial Recreation) to SFR -Y (Single Family Residential
1.0 acre min), amendment of the Master Plan of Development for Planned Development
8 to replace an existing golf course with two single-family residences, and parcel map to
subdivide 101 acres into two lots. The proposed project is located within the 100 -year
floodplain.
FINDINGS:
1. The project does not have the potential to degrade the environment when mitigation measures are
incorporated into the project.
2. The project will not achieve short-term to the disadvantage of long-term environmental goals.
3. The project does not have impacts which are individually limited, but cumulatively considerable.
4. The project will not cause substantial adverse effects on human beings either directly or indirectly.
DETERMINATION:
Based on the above findings, and the information contained in the initial study 2006-0022 (made a part hereof by
reference and on file in the Community Development Department), it has been determined that the above project will
not have an adverse impact on the environment when the following proposed mitigation measures are incorporated
into the project.
PREPARED BY:
DATE POSTED:
PUBLIC REVIEW ENDS:
Warren Face, Community Development Director
September 28, 2007
October 29, 2007
iqr 1 GF': E- = 1 -1.1110 -1-' 11"r
ITEM NUMBER: 5
DATE: 10-16-07
ATTACHMENTS: Draft Resolution 2007-0090
Approval of General Plan Amendment
DRAFT RESOLUTION 2007-0090
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ATASCADERO, CALIFORNIA, RECOMMENDING THE APPROVAL OF
GENERAL PLAN AMENDMENT 2005-0016, AMENDING THE GENERAL
PLAN LAND USE DIAGRAM DESIGNATION OF APN 045-391-0159 016
FROM CREC (COMMERCIAL RECREATION) TO SFR -Y (SINGLE-
FAMILY RESIDENTIAL 1.0 AC MIN) WITH A PLANNED
DEVELOPMENT -8 OVERLAY)
APN 045-391-0159 016
13000 Atascadero Road
(Gearhart)
WHEREAS, an application has been received from Kelly Gearhart, 6205 Alcantara
Avenue, Atascadero, CA 93422, (Applicant) and Atascadero Homeowners LLC, 6205 Alcantara
Avenue, Atascadero, CA 93422, (Property Owner) to consider a project consisting of a General
Plan Land Use Diagram Amendment from CREC (Commercial Recreation) to SFR -Y (Single -
Family Residential 1.0 ac min) and a Zoning Map Change from LS / PD -8 / FH (Special
Recreation with a Planned Development -8 and Flood Hazard Overlay) to RSF-Y / PD -8 / FH
(Residential Single -Family 1.0 ac min with a Planned Development 8 and Flood Hazard
Overlay) with a corresponding Master Plan of Development and Vesting Tentative Parcel Map
on a 10.0 -acre site located at 13000 Atascadero Road (045-391-015, 016); and,
WHEREAS, the site's current CREC (Commercial Recreation); and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0022 were
prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to the General Plan Land Use Diagram to protect the health, safety
and welfare of its citizens by applying orderly development and expanding housing opportunities
within the City; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
ITEM NUMBER: 5
DATE: i n -16-n7
WHEREAS, a timely and properly noticed Public Hearing upon the subject General Plan
Amendment application was held by the Planning Commission of the City of Atascadero at
which hearing evidence, oral and documentary, was admitted on behalf of said General Plan
Amendment; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on October 16, 2007, studied and considered General Plan Amendment
2005-0016, after first studying and considering the Proposed Mitigated Negative Declaration
prepared for the project, and,
NOW THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Findings for Approval of a General Plan Amendment to the Land Use
Diagram of Atascadero as follows:
The Planning Commission finds as follows:
1. The proposed amendment is in the public interest.
2. The proposed amendment is in conformance with the adopted General Plan Goals,
Policies, and Programs and the overall intent of the General Plan.
3. The proposed amendment is compatible with existing development, neighborhoods and
the environment.
4. The proposed amendment will not create any new significant and unavoidable impacts to
traffic, infrastructure, or public service impacts.
5. The proposed amendment is consistent with adopted General Plan EIR and mitigation
monitoring program.
6. The proposed amendment is in the best interest of the City to enact this amendment to the
General Plan Land Use Diagram to protect the health, safety and welfare of its citizens
and is compatible with existing and proposed development; and,
SECTION 2. Recommendation of Approval. The Planning Commission of the City of
Atascadero, in a regular session assembled on October 16, 2007, hereby resolves to approve
General Plan Amendment 2005-0016 consistent with the following:
1. Exhibit B: General Plan Land Use Diagram Amendment
ITEM NUMBER: 5
DATE: 1 n_i a_m
On motion by Commissioner , and seconded by Commissioner
the foregoing resolution is hereby adopted in its entirety by the
following roll call vote:
AYES: ( )
NOES: ( )
ABSTAIN: ( )
ABSENT: ( )
ADOPTED:
CITY OF ATASCADERO, CA
Joan O'Keefe, Chairperson
ATTEST:
Warren M. Frace
Community Development Director
ITEM NUMBER
DATE: 10-16-07
Exhibit B: General Plan Land Use Diagram Amendment
ITEM NUMBER: 5
DATE: 10-16-07
ATTACHMENT 6: Draft Resolution 2007-0091
Amendment of PD -8 Overlay Zone Code Text
DRAFT RESOLUTION 2007-0091
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THE
AMENDMENT OF THE ATASCADERO MUNICIPAL CODE BY
APPROVING ZONE CHANGE 2005-0111 TO AMEND PLANNED
DEVELOPMENT OVERLAY DISTRICT -8
APN 045-391-0159 016
13000 Atascadero Road
(Gearhart)
WHEREAS, an application has been received from Kelly Gearhart, 6205 Alcantara
Avenue, Atascadero, CA 93422, (Applicant) and Atascadero Homeowners LLC, 6205 Alcantara
Avenue, Atascadero, CA 93422, (Property Owner) to consider a project consisting of a General
Plan Land Use Diagram Amendment from CREC (Commercial Recreation) to SFR -Y (Single -
Family Residential 1.0 ac min) and a Zoning Map Change from LS / PD -8 / FH (Special
Recreation with a Planned Development -8 and Flood Hazard Overlay) to RSF-Y / PD -8 / FH
(Residential Single -Family 1.0 ac min with a Planned Development 8 and Flood Hazard
Overlay) with a corresponding Master Plan of Development and Vesting Tentative Parcel Map
on a 10.0 -acre site located at 13000 Atascadero Road (045-391-015, 016); and,
WHEREAS, Article 28 of the Atascadero Municipal Code allows for the creation of
Planned Development Overlay Zones to promote orderly and harmonious development and to
enhance the opportunity to best utilize special site characteristics; and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0022 were
prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to the Zoning Code Text to protect the health, safety and welfare of
its citizens by applying orderly development and expanding housing opportunities within the
City; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
ITEM NUMBER
DATE: 10-16-07
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text
Change application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said Zoning Text
Amendments; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on October 16, 2007, studied and considered Zone Change 2005-0111, after first studying
and considering the Draft Mitigated Negative Declaration prepared for the project, and,
NOW THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Findings for Approval of a Zone Text Change Amending PD -8
Planned Development Overlay District. The Planning Commission finds as follows:
1. Modification of development standards or processing requirements is warranted to
promote orderly and harmonious development.
2. Modification of development standards or processing requirements will enhance the
opportunity to best utilize special characteristics of an area and will have a beneficial
effect on the area.
3. Benefits derived from the Overlay Zone cannot be reasonably achieved through
existing development standards or processing requirements.
SECTION 2. Recommendation of Approval. The Planning Commission of the City of
Atascadero, in a regular session assembled on October 16, 2007, resolved to recommend the City
Council introduce for first reading by title only, an Ordinance that would amend the City Zoning
code text with the following:
9-3.652 Establishment of Planned Development Overlay Zone No. 8: (PD8).
Planned Development Overlay Zone No. 8 is established as shown on the Official Zoning
Maps (Section 9-1.102). The following development standards are established:
(a) A Master Plan of Development shall be approved prior to any development of the site.
The Master Plan shall be processed in the same manner as a conditional use permit except
that that Master Plan may be submitted and processed in the same manner set forth for the
processing of a tentative map.
(b) In approving a Master Plan of Development for the site, the uses allowed shall be
limited to:
(1) Single-family dwellings;
(2) Residential accessory uses (See Section 9- 6.106);
(4) F&Fm animal raising (See Seetion 9 6.111);
(5) Home occupation (See Section 9-6.105);
(6) Temporary dwelling (See Section 9-6.176);
ITEM NUMBER
DATE: 10-16-07
(7) Agr4etiltufal aeeessefy 0s icon Seel o 9 6.109);
Seel o 9 6.123);
(9) Pipelines.
(c) No uses shall be established, or expanded, unless approved pursuant to a Master Plan
following a public hearing.
(d) The grove of oak trees located on the slope between the top of the knoll and the
intersection of Santa Barbara and Atascadero Roads shall be preserved. In approving a
Master Plan, or Tentative Map, efforts shall be made to place this extreme western portion
of the property into open space easement, or otherwise ensure its preservation.
(e) Any s4stantial expansion of r-eereational uses beyend a nine hele golf eetffse shall
shall appeaf an the eensent ,,.,filo, E) f the City Catineil.
(f) Residential uses shall be subject to Appearance Review. (Ord. 338 § 2, 1998: Ord. 221
§ 3, Exh. B, 1991)
(g) An open space easement of 6.5f acres shall be maintained in perpetuity on the northern
part of lot 1 created by parcel map AT 05-0364. The open space easement shall remain
landscaped and with plant material in good condition consistent with the landscape plan
adopted by CUP 2005-0175 (Master Plan of Development PD -8). No structures, vehicles,
equipment, livestock or material shall be erected or stored in the open space easement. No
further subdivisions or lot line adjustments shall be permitted of lot 1 created by parcel
map AT 05-0364.
ITEM NUMBER: 5
DATE: 1 n_1 a_n7
On motion by Commissioner , and seconded by Commissioner
, the foregoing resolution is hereby adopted in its entirety by the
following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ADOPTED:
CITY OF ATASCADERO, CA
Joan O'Keefe, Chairperson
ATTEST:
Warren M. Frace
Community Development Director
ITEM NUMBER: 5
DATE: 10-16-07
ATTACHMENT 7: Draft Resolution 2007-0092
Approval of Proposed Zoning Map Change
DRAFT RESOLUTION 2007-0092
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL APPROVE ZONE CHANGE 2005-0111, AMENDING THE
OFFICIAL ZONING MAP DESIGNATION FROM LS / PD -8 / FH
(SPECIAL RECREATION WITH A PLANNED DEVELOPMENT -8 AND
FLOOD HAZARD OVERLAY) TO RSF-Y / PD -8 / FH (RESIDENTIAL
SINGLE-FAMILY 1.0 AC MIN WITH A PLANNED DEVELOPMENT -8
AND FLOOD HAZARD OVERLAY)
APN 045-391-0159 016
13000 Atascadero Road
(Gearhart)
WHEREAS, an application has been received from Kelly Gearhart, 6205 Alcantara
Avenue, Atascadero, CA 93422 (Applicant) and Atascadero Homeowners LLC, 6205 Alcantara
Avenue, Atascadero, CA 93422 (Property Owner) to consider a project consisting of a General
Plan Land Use Diagram Amendment from CREC (Commercial Recreation) to SFR -Y (Single -
Family Residential 1.0 ac min) and a Zoning Map Change from LS / PD -8 / FH (Special
Recreation with a Planned Development -8 and Flood Hazard Overlay) to RSF-Y / PD -8 / FH
(Residential Single -Family 1.0 ac min with a Planned Development -8 and Flood Hazard
Overlay) with a corresponding Master Plan of Development and Vesting Tentative Parcel Map
on a 10.0 -acre site located at 13000 Atascadero Road (045-391-015, 016); and,
WHEREAS, the Planning Commission has recommended that the site's current General
Plan Designation be changed from CREC (Commercial Recreation) to SFR -Y (Single -Family
Residential 1.0 ac min); and,
WHEREAS, the site's current zoning district is LS / PD -8 / FH (Special Recreation with
a Planned Development -8 and Flood Hazard Overlay); and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0022 were
prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to the Official Zoning Map to protect the health, safety and welfare
of its citizens by applying orderly development of the City; and,
ITEM NUMBER: 5
DATE: 1 n -16-n7
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone
Change application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said Zoning Amendments;
and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on October 16, 2007, studied and considered Zone Change 2005-0111, after
first studying and considering the Proposed Mitigated Negative Declaration prepared for the
project, and,
NOW THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of
Atascadero Changing the existing site zoning to RSF-Y / PD -8 / FH (Residential Single
Family 1.0 ac min with a Planned Development 8 and Flood Hazard Overlay). The
Planning Commission finds as follows:
1. The proposed Zone Change is in conformance with the adopted General Plan Goals,
Policies, and Programs and the overall intent of the General Plan.
2. The proposed Zone Change is compatible with existing development, neighborhoods
and the environment.
3. The proposed Zone Change will not create any new significant and unavoidable
impacts to traffic, infrastructure, or public service impacts.
4. Modification of development standards or processing requirements is warranted to
promote orderly and harmonious development.
5. Modification of development standards or processing requirements will enhance the
opportunity to best utilize special characteristics of an area and will have a beneficial
effect on the area.
6. Benefits derived from the Overlay Zone cannot be reasonably achieved through
existing development standards or processing requirements.
7. The proposed project offers certain redeeming features to compensate for the
requested Zone Change.
SECTION 2. Recommendation of Approval. The Planning Commission of the City of
Atascadero, in a regular session assembled on October 16, 2007, resolved to recommend the City
ITEM NUMBER: 5
DATE: 1 n_i a_m
Council introduce for first reading by title only, an Ordinance that would rezone the subject site
consistent with the following:
Exhibit A: Zone Map Amendment Diagram
On motion by Commissioner , and seconded by Commissioner
, the foregoing resolution is hereby adopted in its entirety by the
following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ADOPTED:
CITY OF ATASCADERO, CA
Joan O'Keefe, Chairperson
ATTEST:
Warren M. Frace
Community Development Director
ITEM NUMBER
DATE: 10-16-07
Exhibit A: Zone Map Amendment Diagram
ATTACHMENT 8: Draft Resolution 2007-0093
Approval of Proposed Master Plan of Development
17.7\ � r .7 �.Y�7�1�[��[►IIZI]/QQIII�,
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ATASCADERO, CALIFORNIA, RECOMMENDING THE CITY COUNCIL
APPROVE CONDITIONAL USE PERMIT 2005-0175
(MASTER PLAN OF DEVELOPMENT PD -8)
APN 045-391-0159 016
13000 Atascadero Road
(Gearhart)
WHEREAS, an application has been received from Kelly Gearhart, 6205 Alcantara
Avenue, Atascadero, CA 93422 (Applicant) and Atascadero Homeowners LLC, 6205 Alcantara
Avenue, Atascadero, CA 93422 (Property Owner) to consider a project consisting of a General
Plan Land Use Diagram Amendment from CREC (Commercial Recreation) to SFR -Y (Single -
Family Residential 1.0 ac min) and a Zoning Map Change from LS / PD -8 / FH (Special
Recreation with a Planned Development -8 and Flood Hazard Overlay) to RSF-Y / PD -8 / FH
(Residential Single -Family 1.0 ac min with a Planned Development -8 and Flood Hazard
Overlay) with a corresponding Master Plan of Development and Vesting Tentative Parcel Map
on a 10.0 -acre site located at 13000 Atascadero Road (045-391-015, 016); and,
WHEREAS, the Planning Commission has recommended that the site's General Plan
Designation be changed from CREC (Commercial Recreation) to SFR -Y (Single -Family
Residential 1.0 ac min); and,
WHEREAS, the Planning Commission has recommended that the site's Zoning District
be changed from LS / PD -8 / FH (Special Recreation with a Planned Development -8 and Flood
Hazard Overlay) to RSF-Y / PD -8 / FH (Residential Single -Family 1.0 ac min with a Planned
Development -8 and Flood Hazard Overlay); and,
WHEREAS, the PD -8 requires the adoption of a Master Plan of Development, approved
in the form of a Conditional Use Permit; and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0022 were
prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone
Change application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of
Development; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on October 16, 2007, studied and considered the Conditional Use Permit
2005-0175 (Master Plan of Development), after first studying and considering the Proposed
Mitigated Negative Declaration prepared for the project, and
NOW THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Findinus for Approval of Conditional Use Permit. The Planning
Commission finds as follows:
1. The proposed project or use is consistent with the General Plan and the City's
Appearance Review Manual; and,
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance) including provisions of the PD -8 Overlay Zone; and,
3. The establishment, and subsequent operation or conduct of the use will not, because
of the circumstances and conditions applied in the particular case, be detrimental to
the health, safety, or welfare of the general public or persons residing or working in
the neighborhood of the use, or be detrimental or injurious to property or
improvements in the vicinity of the use; and,
4. The proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development; and,
5. The proposed use or project will not generate a volume of traffic beyond the safe
capacity of all roads providing access to the project, either existing or to be improved
in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
6. The Master Plan of Development standards or processing requirements will enhance
the opportunity to best utilize special characteristics of an area and will have a
beneficial effect on the area.
7. Benefits derived from the Master Plan of Development and PD -8 overlay zone cannot
be reasonably achieved through existing development standards or processing
requirements.
SECTION 2. Recommendation of Approval. The Planning Commission of the City of
Atascadero, in a regular session assembled on October 16, 2007, resolved to recommend the City
Council approve Conditional Use Permit 2005-0175 (Master Plan of Development) subject to the
following:
1.
EXHIBIT A:
Conditions of Approval / Mitigation Monitoring Program
2.
EXHIBIT B:
Master Plan of Development / Site Plan PD -8
3.
EXHIBIT C:
Landscape Plan
4.
EXHIBIT D:
Fencing Plan
5.
EXHIBIT E:
Elevations
6.
EXHIBIT F:
Grading & Drainage Plan
On motion by Commissioner , and seconded by Commissioner
, the foregoing resolution is hereby adopted in its entirety by the
following roll call vote:
AYES: ( )
NOES: ( )
ABSTAIN: ( )
ABSENT: ( )
ADOPTED:
CITY OF ATASCADERO, CA
Joan O'Keefe, Chairperson
ATTEST:
Warren M. Frace
Community Development Director
EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program
PD -8 Master Plan of Development (CUP 2005-0175)
Conditions of Approval /
Timing
Responsibility/
Mitigation
Mitigation Monitoring Program CUP 2005-0175
Monitoring
Measure
FM: Final Map
PS: Planning Services
BL: Business
BS: Building Services
13000 Atascadero Road
License
FD: Fire Department
PD -8 Master Plan of Development Amendment #2
GP: Grading Permit
BP: Building Permit
PD: Police Department
CE: City Engineer
FI: Final Inspection
WW: Wastewater
TO: Temporary
CA: City Attorney
Occupancy
F0: Final
Occupancy
Planning Services
1. The approval of this use permit shall become final and effective for the
BP
PS
purposes of issuing building permits thirty (30) days following the City
Council approval of ZCH 2005-0111 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.
2. The Community Development Department shall have the authority to
BP / FM
PS
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.
3. Approval of this Conditional Use Permit shall be valid for twelve (12)
BP
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 applied for
a building permit.
4. 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
5. All subsequent Tentative Map and construction permits shall be
BP/FM
PS, CE
consistent with the Master Plan of Development contained herein.
6. All exterior elevations and finish materials shall be consistent with the
BP
PS
Master Plan of Development as shown in Exhibit E.
7. All site work, grading, and site improvements shall be consistent with
BP/FM
PS, BS, CE
the Master Plan of Development as shown in Exhibit B though F.
8. All existing pavement, walkways, ramps, walls, transformers buildings
BP
PS
and similar appurtenance shall be removed from lots APN 045-391-012,
045-391-013, 045-391-014 and proposed Lot #2 consistent with Exhibit
F.
Conditions of Approval /
Timing
Responsibility/
Mitigation
Mitigation Monitoring Program CUP 2005-0175
Monitoring
Measure
FM: Final Map
PS: Planning Services
BL: Business
BS: Building Services
13000 Atascadero Road
License
FD: Fire Department
PD-8 Master Plan of Development Amendment #2
GP: Grading Permit
BP: Building Permit
PD: Police Department
CE: City Engineer
FI: Final Inspection
WW: Wastewater
TO: Temporary
CA: City Attorney
Occupancy
F0: Final
Occupancy
9. 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 cut slopes associated with the access driveway shall be
relandscaped.
10. All project fencing shall be installed consistent with Exhibit D.
GP/BP
PS
11. 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.
12. Affordable Housing Requirement: The applicant shall comply with the
BP
PS
City Council inclusionary housing policy and pay an in-lieu fee based on
5% of the construction valuation of each new and existing housing unit.
13. Prior to final map, the applicant shall submit CC&Rs for review and
FM
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 private maintenance of the open space area and
shared driveway located on Lot 1.
b) The open space area on Lot 1 shall be landscaped and maintain
in perpetuity by the owner of Lot 1. No structures, vehicles,
equipment, livestock or material shall be erected or stored in the
open space easement.
14. The applicant shall acquire written permission from all owners of
GP
PS
property where off site grading is proposed. If owner permission cannot
be acquired, the applicant shall install a decorative split face wall
instead.
15. A deed notification shall be attached to Lot 1 notifying the owner that
FM
PS
the open space area on Lot 1 shall be landscaped and maintain in
perpetuity by the owner of Lot 1 and no structures, vehicles, equipment,
livestock or material shall be erected or stored in the open space
easement.
City Engineer Project Specific Conditions
16. A right-of-way dedication shall be provided adjacent to
FM
CE
the Santa Barbara Road / US 101 interchange consistent
with Exhibit B.
Conditions of Approval /
Timing
Responsibility/
Mitigation
Mitigation Monitoring Program CUP 2005-0175
Monitoring
Measure
FM: Final Map
PS: Planning Services
BL: Business
BS: Building Services
13000 Atascadero Road
License
FD: Fire Department
PD -8 Master Plan of Development Amendment #2
GP: Grading Permit
BP: Building Permit
PD: Police Department
CE: City Engineer
FI: Final Inspection
WW: Wastewater
TO: Temporary
CA: City Attorney
Occupancy
FO: Final
Occupancy
17. The applicant shall obtain permits from California Fish and Game,
GP, BP
CE
Regional Water Quality Control Board, and Army Corps of Engineers, if
required, based upon recommendations from the project biologist.
18. Prior to the issuance of building permits the applicant shall submit
GP, BP
CE
calculations to support the design of any structures or pipes. Closed
conduits shall be designed to convey the 10 -year flow with gravity flow,
the 25 -year flow with head, and provide safe conveyance for the 100 -
year overflow.
19. Prior to the issuance of building permits the applicant shall provide for
GP, BP
CE
the detention and metering out of developed storm runoff so that it is
equal to or less than undeveloped storm runoff.
20. Drainage basins shall be designed to desilt, detain and meter storm
GP, BP
CE
flows as well as release them to natural runoff locations.
21. Prior to the issuance of building permits the applicant shall show the
GP, BP
CE
method of dispersal at all pipe outlets. Include specifications for size &
type.
22. Prior to the issuance of building permits the applicant shall show method
GP, BP
CE
of conduct to approved off-site drainage facilities.
23. Concentrated drainage from off-site areas shall be conveyed across the
GP, BP
CE
project site in drainage easements. Acquire drainage easements where
needed. Drainage shall cross lot lines only where a drainage easement
has been provided. If drainage easement cannot be obtained the storm
water release must follow the exact historic path, rate and velocity as
prior to the subdivision.
24. Applicant shall submit erosion control plans and a Storm Water Pollution
GP, BP
CE
Prevention Plan (SWPPP) if area disturbed is greater than 1 acre. The
Regional Water Quality Control Board shall approve the SWPPP.
25. All public improvements shall be constructed in conformance with the
GP, BP
CE
City of Atascadero Engineering Department Standard Specifications
and Drawings or as directed by the City Engineer
Mitigation Measures
Mitigation Measure 3.b.1: The project shall be conditioned to comply with all
BP, GP
BS, PS, CE
3.b.1
applicable District regulations pertaining to the control of fugitive dust (PM -
10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality
Handbook.
Section 6.3: Construction Equipment
■ Maintain all construction equipment in proper tune according to
manufacturer's specifications.
■ Fuel all off-road and portable diesel powered equipment, includin but
Conditions of Approval /
Mitigation Monitoring Program CUP 2005-0175
13000 Atascadero Road
PD -8 Master Plan of Development Amendment #2
Timing
FM: Final Map
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
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:
1. Reduce the amount of the disturbed area where possible.
2. 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.
3. All dirt stockpile areas shall be sprayed daily as needed.
4. 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.
5. 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.
6. 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.
7. 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.
8. Vehicle speed for all construction vehicles shall not exceed 15
mph on any unpaved surface at the construction site.
9. 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.
Conditions of Approval /
Timing
Responsibility/
Mitigation
Mitigation Monitoring Program CUP 2005-0175
Monitoring
Measure
FM: Final Map
PS: Planning Services
BL: Business
BS: Building Services
13000 Atascadero Road
License
FD: Fire Department
PD -8 Master Plan of Development Amendment #2
GP: Grading Permit
BP: Building Permit
PD: Police Department
CE: City Engineer
FI: Final Inspection
WW: Wastewater
TO: Temporary
CA: City Attorney
Occupancy
F0: Final
Occupancy
10. Install wheel washers where vehicles enter and exit unpaved
roads onto streets, or wash off trucks and equipment leaving
the site.
11. 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.
12. 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.b.1. Restoration plantings along Paloma Creek shall
BP/GP
PS, BS
4.b.1
be consistent with the recommendations of Althouse & Meade's July 17,
2007 Restoration Plan.
Mitigation Measure. 4.b.2 The project biologist shall monitor grading and
BP/GP
PS, BS
4.16.2
restoration work within 50 feet of the creek bank
Mitigation Measure 4.b.3. Permits for culvert outfalls on Paloma Creek shall
BP/GP
PS, BS
4.b.3
be obtained from RWQCB and Department of Fish and Game.
Mitigation Measure 9.b.1. The Tentative Map and Master Plan of
BP/GP
PS, BS
9.b.1
Development approval shall not become effective until the final approval
date of the General Plan Amendment and ordinance that enacts the
required Zoning Map amendment.
EXHIBIT B: Master Plan of Development / Site Plan PD -8
ROW dedication - -
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EXHIBIT C-1: Landscape Plan
u
0
EXHIBIT C-2: Landscape Plan
I - ----- -------------------------
---------------
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EXHIBIT D: Fencing Plan
dtit�
�s L i LL FENCING PLAN! .., �. ;i%+��.. •'
ICK" CJP PROOUCTtON6INC
,_p 4 *EAGLE CREEK d
ATA9CAC =F ��
1x8 CAP 1x8 CAP
POST, CUT TOP 2x6 RAILS
AT ANGLE 1x6 COVER
1x6 COVCR ORD. BOARD
CJ
N
GRADE POST
8'
ON CENTER
SECTION ELEVATION
NOTES
1. RAILS. CAP & COVER TO BE FIR OR HEM FIR.
2. POST TO BE PRESSURE TREATED 4x4.
3. HOLES FUR POSTS TO BE A MINIMUM 24"
DEEP 'MTH COMPACTED 3/4` CRUSHED GRAVEL
AS BACKFILL. CORNER POST AND LINE POST 24'
O.C. TO HAVE CONC. FODTING.
3 BOARD FENCE
-TA
D E I L N.T.S.
dtit�
�s L i LL FENCING PLAN! .., �. ;i%+��.. •'
ICK" CJP PROOUCTtON6INC
,_p 4 *EAGLE CREEK d
ATA9CAC =F ��
EXHIBIT E-1: Floor Plans Elevations Converted Golf Clubhouse
VC 1 AIL
J �
EXISTING L -
i
rj
PROPOSED.
E.. tidrm -
dining -
■ Proposed `conjoining' of existing buildings
■ —Red area shows proposed modification
(dining area with small bedroom and
bathroom)
EXHIBIT E-2: Floor Plans Elevations Converted Shop Building
EXHIBIT F: Grading and Drainage Plan
ATTACHMENT 9: Draft Resolution 2007-0094
Approval of Proposed Vesting Tentative Parcel Map
DRAFT RESOLUTION 2007-0094
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING
APPROVAL OF A 2 -LOT VESTING TENTATIVE PARCEL MAP 2005-
0080, CONSISTENT WITH A MASTER PLAN OF DEVELOPMENT -8
APN 045-391-0159 016
13000 Atascadero Road
(Gearhart)
WHEREAS, an application has been received from Kelly Gearhart, 6205 Alcantara
Avenue, Atascadero, CA 93422 (Applicant) and Atascadero Homeowners LLC, 6205 Alcantara
Avenue, Atascadero, CA 93422 (Property Owner) to consider a project consisting of a General
Plan Land Use Diagram Amendment from CREC (Commercial Recreation) to SFR -Y (Single -
Family Residential 1.0 ac min) and a Zoning Map Change from LS / PD -8 / FH (Special
Recreation with a Planned Development -8 and Flood Hazard Overlay) to RSF-Y / PD -8 / FH
(Residential Single -Family 1.0 ac min with a Planned Development -8 and Flood Hazard
Overlay) with a corresponding Master Plan of Development and Vesting Tentative Parcel Map
on a 10.0 -acre site located at 13000 Atascadero Road (045-391-015, 016); and,
WHEREAS, the Planning Commission has recommended that the site's General Plan
Designation be changed from CREC (Commercial Recreation) to SFR -Y (Single -Family
Residential 1.0 ac min); and,
WHEREAS, the Planning Commission has recommended that the site's Zoning District
be changed from LS / PD -8 / FH (Special Recreation with a Planned Development -8 and Flood
Hazard Overlay) to RSF-Y / PD -8 / FH (Residential Single -Family 1.0 ac min with a Planned
Development -8 and Flood Hazard Overlay); and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0022 were
prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Vesting
Tentative Parcel Map application was held by the Planning Commission of the City of
Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said
map; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on October 16, 2007, studied and considered Tentative Parcel Map 2005-
0080, after first studying and considering the Proposed Mitigated Negative Declaration prepared
for the project, and
NOW THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Findings of Approval for Vesting Tentative Parcel Map. The Planning
Commission of the City of Atascadero finds as follows:
The proposed subdivision, design and improvements as conditioned, is consistent with
the General Plan and applicable zoning requirements, including provisions of the PD -8
Overlay District.
2. The proposed subdivision, as conditioned, is consistent with the proposed Planned
Development Overlay District -8 Master Plan of Development (CUP 2005-0175).
3. The site is physically suitable for the type of development proposed.
4. The site is physically suitable for the density of development proposed.
5. The design and improvement of the proposed subdivision will not cause substantial
environmental damage or substantially and unavoidably injure fish and wildlife or their
habitat.
6. The design of the subdivision will not conflict with easements acquired by the public at
large for access through, or the use of property within, the proposed subdivision; or
substantially equivalent alternative easements are provided.
7. The proposed subdivision design and type of improvements proposed will not be
detrimental to the health, safety or welfare of the general public.
SECTION 2. Recommendation of Approval. The Planning Commission of the City of
Atascadero, in a regular session assembled on October 16, 2007, resolved to recommend the City
Council approve Vesting Tentative Parcel Map (TPM 2005-0080) subject to the following:
1. Exhibit A: Vesting Tentative Parcel Map 2005-0080
2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program
On motion by Commissioner , and seconded by Commissioner
, the foregoing resolution is hereby adopted in its entirety by the
following roll call vote:
AYES: ( )
NOES: ( )
ABSTAIN: ( )
ABSENT: ( )
ADOPTED:
CITY OF ATASCADERO, CA
Joan O'Keefe, Chairperson
ATTEST:
Warren M. Frace
Community Development Director
Exhibit A-1: Vesting Tentative Tract Map
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Exhibit B: Conditions of Approval / Mitigation Monitoring Program
Tentative Parcel Map 2005-0080
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
13000 Atascadero Road
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Parcel Map
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TPM 2005-0080
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
Fl: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
Planning Services
1. The approval of this parcel map shall become final and effective for the
FM
PS
purposes of recording a final map thirty (30) days following the City
Council approval of ZCH 2005-0111 upon second reading, unless prior
to that time, an appeal to the decision is filed as set forth in Section 9-
1.111(b) of the Zoning Ordinance.
2. Approval of this Tentative Parcel Map shall be valid for two years after
FM
PS
its effective date. At the end of the period, the approval shall expire and
become null and void unless an extension of time is granted pursuant to
a written request received prior to the expiration date.
3. The Community Development Department shall have the authority to
FM
PS
approve minor changes to the project that (1) result in a superior site
design or appearance, and/or (2) address a design issue that is not
substantive to the Tentative Tract Map and that the Final Map is in
substantial conformance with the Tentative Map.
4. The Final Map shall be drawn in substantial conformance with the
FM
PS
approved tentative map, and in compliance with all conditions set forth
herein, shall be submitted for review and approval in accordance with
the Subdivision Map Act and the City's Subdivision Ordinance.
5. The subdivider shall defend, indemnify, and hold harmless the City of
FM
PS
Atascadero or its agents, officers, and employees against any claim or
action brought to challenge an approval by the City, or any of its entities,
concerning the subdivision.
6. All existing pavement, walkways, ramps, walls, transformers buildings
FM
PS
and similar appurtenance shall be removed from lots APN 045-391-012,
045-391-013, 045-391-014 and proposed Lot #2 consistent with Exhibit
A-2.
7. The Tract Map shall be subject to additional fees for park or recreation
FM
PS
purposes (QUIMBY Act) as required by City Ordinance.
8. Affordable Housing Requirement: The applicant shall comply with the
FM
PS
City Council inclusionary housing policy and pay an in -lieu fee based on
5% of the construction valuation of each new and existing housing unit.
9. A deed notification shall be attached to Lot 1 notifying the owner that
FM
PS
the open space area on Lot 1 shall be landscaped and maintain in
perpetuity by the owner of Lot 1 and no structures, vehicles, equipment,
livestock or material shall be erected or stored in the open space
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
13000 Atascadero Road
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Tentative Parcel Map
ImpVesting
FM: rFi am Plans
Map
PD: Police Department
CE: City Engineer
TPM 2005-0080
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
easement.
10. Prior to Final Map, the applicant shall submit CC&Rs for review and
FM
PS
approval by the Community Development Department. The CC&R's
shall record with the Final Map and shall include the following:
a) Provisions for private maintenance of the open space area and
shared driveway located on Lot 1.
b) The open space area on Lot 1 shall be landscaped and maintain
in perpetuity by the owner of Lot 1. No structures, vehicles,
equipment, livestock or material shall be erected or stored in the
open space easement.
City Engineer Project Conditions
11. The applicant shall acquire written permission from all owners of
FM
CE
property where off site grading is proposed. If owner permission cannot
be acquired, the applicant shall install a decorative split face wall
instead.
12. A right-of-way dedication shall be provided adjacent to the Santa
FM
CE
Barbara Road / US 101 interchange consistent with Exhibit A-1.
13. The applicant shall obtain permits from California Fish and Game,
GP, BP
CE
Regional Water Quality Control Board, and Army Corps of Engineers, if
required, based upon recommendations from the project biologist.
City Engineer Standard Conditions
14. In the event that the applicant bonds for the public improvements
GP, BP
CE
required as a condition of this map, the applicant shall enter into a
Subdivision Improvement Agreement with the City Council.
15. An engineer's estimate of probable cost shall be submitted for review
GP, BP
CE
and approval by the City Engineer to determine the amount of the bond.
16. The Subdivision Improvement Agreement shall record concurrently with
FM
CE
the Final Map.
17. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous
GP, BP
CE
to the property frontage.
18. The applicant shall acquire title interest in any off-site land that may be
GP, BP
CE
required to allow for the construction of the improvements. The applicant
shall bear all costs associated with the necessary acquisitions. The
applicant shall also gain concurrence from all adjacent property owners
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
13000 Atascadero Road
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Tentative Parcel Map
ImpVesting
FM: rFi am Plans
Map
PD: Police Department
CE: City Engineer
TPM 2005-0080
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
whose ingress and egress is affected by these improvements.
19. Slope easements shall be obtained by the applicant as needed to
GP, BP
CE
accommodate cut or fill slopes.
20. Drainage easements shall be obtained by the applicant as needed
GP, BP
CE
to accommodate both public and private drainage facilities.
21. A preliminary subdivision guarantee shall be submitted for review
FM
CE
in conjunction with the processing of the parcel map.
22. The Final Map shall be signed by the City Engineer prior to the
FM
CE
map being placed on the agenda for City Council acceptance.
23. Prior to recording the parcel map, the applicant shall pay all
FM
CE
outstanding plan check/inspection fees.
24. Prior to recording the map, the applicant shall bond for or
FM
CE
complete all improvements required by these Conditions of
Approval.
25. Prior to recording the parcel map, the applicant shall submit a
FM
CE
copy of a valid tax bond.
26. Prior to recording the parcel map, the applicant shall bond for or
FM
CE
set monuments at all new property corners. A registered civil
engineer or licensed land surveyor shall indicate by certificate on
the parcel map, that corners have been set or shall be set by a
date specific and that they will be sufficient to enable the survey to
be retraced.
27. Prior to recording the parcel map, the applicant shall submit a map
FM
CE
drawn in substantial conformance with the approved Tentative
Map and in compliance with all conditions set forth herein. The
map shall be submitted for review and approval by the City in
accordance with the Subdivision Map Act and the City's
Subdivision Ordinance.
28. 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 final/parcel map.
29. Prior to recording the parcel map, the applicant shall have the map
FM
CE
reviewed by all applicable public and private utility companies
(cable, telephone, gas, electric, Atascadero Mutual Water
Company). The applicant shall obtain a letter from each utility
company indicating their review of the map. The letter shall
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
13000 Atascadero Road
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Tentative Parcel Map
ImpVesting
FM: rFi am Plans
Map
PD: Police Department
CE: City Engineer
TPM 2005-0080
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
F0: Final Occupancy
identify any new easements that may be required by the utility
company. A copy of the letter shall be submitted to the City. New
easements shall be shown on the parcel map.
30. Prior to the issuance of building permits the applicant shall submit
GP, BP
CE
calculations to support the design of any structures or pipes.
Closed conduits shall be designed to convey the 10 -year flow with
gravity flow, the 25 -year flow with head, and provide safe
conveyance for the 100 -year overflow.
31. Prior to the issuance of building permits the applicant shall provide
GP, BP
CE
for the detention and metering out of developed storm runoff so
that it is equal to or less than undeveloped storm runoff.
32. Drainage basins shall be designed to desilt, detain and meter
GP, BP
CE
storm flows as well as release them to natural runoff locations.
33. Prior to the issuance of building permits the applicant shall show
GP, BP
CE
the method of dispersal at all pipe outlets. Include specifications
for size & type.
34. Prior to the issuance of building permits the applicant shall show
GP, BP
CE
method of conduct to approved off-site drainage facilities.
35. Concentrated drainage from off-site areas shall be conveyed
GP, BP
CE
across the project site in drainage easements. Acquire drainage
easements where needed. Drainage shall cross lot lines only
where a drainage easement has been provided. If drainage
easement cannot be obtained the storm water release must follow
the exact historic path, rate and velocity as prior to the subdivision.
36. Applicant shall submit erosion control plans and a Storm Water
GP, BP
CE
Pollution Prevention Plan (SWPPP) if area disturbed is greater
than 1 acre. The Regional Water Quality Control Board shall
approve the SWPPP.
37. All public improvements shall be constructed in conformance with
GP, BP
CE
the City of Atascadero Engineering Department Standard
Specifications and Drawings or as directed by the City Engineer
Mitigation Measures
Mitigation Measure 3.b.1: The project shall be conditioned to comply with all
BP, GP
BS, PS, CE
3.b.1
applicable District regulations pertaining to the control of fugitive dust (PM -
10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality
Handbook.
Section 6.3: Construction Equipment
■ Maintain all construction equipment in proper tune according to
manufacturer's specifications.
Conditions of Approval /
Mitigation Monitoring Program
13000 Atascadero Road
Tentative Parcel Map
TPM 2005-0080
Timing
GP: Grading Permit
BP: Building Permit
SIP: Subdivision
ImpVesting
FM: rFi am Plans
Map
TO: Temporary
Occupancy
FI: Final inspection
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
AMWC: Water Comp.
Mitigation
Measure
■ 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:
1. Reduce the amount of the disturbed area where possible.
2. 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.
3. All dirt stockpile areas shall be sprayed daily as needed.
4. 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.
5. 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.
6. 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.
7. 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.
8. Vehicle speed for all construction vehicles shall not exceed 15
mph on any unpaved surface at the construction site.
9. 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
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
BP: Building Permit
BS: Building Services
13000 Atascadero Road
SIP: Subdivision
FD: Fire Department
Tentative Parcel Map
ImpVesting
FM: rFi am Plans
Map
PD: Police Department
CE: City Engineer
TPM 2005-0080
TO: Temporary
Occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
FO: Final Occupancy
trailer) in accordance with CVC Section 23114.
10. Install wheel washers where vehicles enter and exit unpaved
roads onto streets, or wash off trucks and equipment leaving
the site.
11. 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.
12. 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.b.1.Restoration plantings along Paloma Creek shall be
BP/GP
PS, BS
4.b.1
consistent with the recommendations of Althouse & Meade's July 17, 2007
Restoration Plan.
Mitigation Measure. 4.b.2The project biologist shall monitor grading and
BP/GP
PS, BS
4.b.2
restoration work within 50 feet of the creek bank
Mitigation Measure 4.b.3.Permits for culvert outfalls on Paloma Creek shall
BP/GP
PS, BS
4.b.3
be obtained from RWQCB and Department of Fish and Game.
Mitigation Measure 9.b.1.The Tentative Map and Master Plan of
BP/GP
PS, BS
9.b.1
Development approval shall not become effective until the final approval
date of the General Plan Amendment and Ordinance that enacts the
required Zoning Map Amendment.
\\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Does)\- GPA - General Plan Amendments\GPA 05\GPA 2005-0016 Eagle Creek\GPA 2005-0016. PC-SR.10-16-07.wmf.doc
ITEM NUMBER: 6
DATE: 10-16-07
Atascadero Planning Commission
Staff Report - Community Development Department
PLN 2006-1111
Condominium Development and Conversion Ordinance
(Title 9 and Title 11)
City of Atascadero
SUBJECT:
The project consists of a proposed Zoning Ordinance Text Amendment to portions of
Title 9, Planning and Zoning, and Title 11, Subdivisions, of the Atascadero Municipal
Code (AMC). The proposed text places all substantive provisions regarding
condominium development and condominium conversions in Title 9, Planning and
Zoning, and includes the following major amendments:
1. Requires a Conditional Use Permit for all condominium projects, including
commercial, industrial, and conversions.
2. Limits residential condominium conversions to 25% of rental housing newly
constructed each year.
3. Requires that 20% of new residential condominium units or converted
apartments be included in the City's inclusionary policy at the rate of 4%
affordable to very low income households, 7.5% to lower income households,
and 8.5% to moderate income households.
4. Provides additional protections to existing tenants, including relocation
assistance equal to three months rent and an additional one-year occupancy
after conversion for seniors and the disabled; also allows tenants with school -
aged children to remain in their homes through the school year.
5. Adds additional standards for the physical condition of converted units.
1
1442\04\483520.1
ITEM NUMBER: 6
DATE: 10-16-07
RECOMMENDATION:
Staff recommends that the Planning Commission adopt Resolution PC 2007-0087,
recommending that the City Council introduce an Ordinance for first reading, by title
only, to approve PLN 2006-1111 (Zone Change 2006-0118) based on findings.
The City Council held a strategic planning meeting on September 9, 2005 to review the
City's General Plan policies in regards to condominium conversions and the potential
loss of the City's rental inventory. The Council directed staff to further investigate
options for condominium conversion that would be consistent with the General Plan
policies of preserving rental housing stock and encouraging the development of
affordable homeownership.
Staff brought the Condominium Conversion issue to the Council on March 14, 2006, at
which time the Council directed staff to enact an emergency moratorium for 45 days,
(beginning March 1, 2006) until the item could be brought back to the Council for further
discussion. Due to difficulty agendizing the issue, the moratorium was extended until
March 27, 2008.
On February 20, 2007 the Council and Commission held a joint meeting to discuss
policies related to condominium conversions. During the period of time that the
Planning Commission and City Council were addressing issues related to condominium
conversions, staff was also trying to address "site" condominiums. The City Council
issued a moratorium on site condominiums until staff could further research and prepare
recommendations for this type of project. Based on direction provided to staff by the
City Council, a draft ordinance has been prepared for Commission review and
recommendation to the City Council that addresses condominium developments and
conversions.
DISCUSSION:
Staff has contracted with the firm of Goldfarb & Lipman LLP to assist in the process of
adapting an Condominium Conversion Ordinance. Ms. Barbara Kautz and Ms. Polly
Marshall are experts in the fields of condominium conversions, inclusionary housing and
redevelopment and have worked with agencies throughout California to tailor similar
programs. Following the Council and Commission's direction, they have drafted the
attached ordinance. Their description of the changes is included as Attachment 1 to
this staff report.
2
1442\04\483520.1
ITEM NUMBER: 6
DATE: 10-16-07
Proposed Environmental Determination
The California Environmental Quality Act (CEQA) (Guidelines Section 15061.(b)(3)
exempts activities which are covered by the general rule that CEQA applies only to
projectrs which have the potential for causing a significant effect on the environment.
The proposed Condominium Development and Conversion Ordinance does not have
the potential to cause a significant effect on the environment. The majority of the
conditions imposed by this ordinance will not result in physical changes in the
environment, because they affect social and economic conditions by, requiring
additional project review, affordable housing, relocation payments to tenants,
protections against evictions, and similar social conditions which do not affect the
physical environment. Specifically, in condominium conversion project, in Pacific
Palisade Prop. Owners Assn v. City of Los Angeles, 42 Cal. App. 3d 781, 791 (1974),
the Court of Appeal determined that converting apartments into condominiums is not a
project because the conversion does not affect the physical environment, but only the
ownership of individual units. Although the conversion may have social and economic
impacts, a conversion does not have any physical impacts, nor does it create any
reasonably foreseeable physical changes.
The only change in property development standards imposed by this Ordinance is in
regards to condominium projects and requires suchto provide energy-efficient lighting in
all parking areas and adjacent to exterior walkways. All lighting fixtures must be
selected, installed, and oriented to prevent glare. This type of small improvement is
categorically exempt from CEQA as a minor alteration (Class 15301) to an existing
facility involving no expansion of use.
FISCAL IMPACT:
The fiscal impact will vary depending upon the methods of implementation and the
effect of the ordinance on applications. Staff time and resources are currently used to
process project requests; additional staff time may be required to monitor construction
of new rental units and to administer new inclusionary requirements. However, since
few new rental units are currently being constructed, the Ordinance may have the effect
of reducing the staff workload due to a decrease in applications for condominium
conversions.
ALTERNATIVES:
1. The Commission may recommend modifications of the Condominium
Development and Conversion Ordinance to the City Council.
2. The Commission may choose to refer the item back to staff for additional
analysis. Clear direction to staff should be provided on additional information or
policies that are desired.
3
1442\04\483520.1
ITEM NUMBER: 6
DATE: 10-16-07
3. The Commission may recommend that the Condominium Development and
Conversion Ordinance not be adopted. In this case, the Commission should
provide recommendations on how to proceed under the current Ordinance and
the General Plan policies.
CONCLUSION:
Over the last few years, staff has been receiving more and more condominium
conversion inquiries. Staff has processed two condominium conversion requests which
were submitted prior to the moratorium. These two applications resulted in the approval
for a conversion of a four -unit complex to condominiums and a denial for the conversion
of a 46 -unit conversion. Currently, an additional application for 96 units, submitted after
enactment of the moratorium, is waiting to be processed. There have been serious
inquiries for additional projects that could potentially result in the conversion of
approximately 80-100 units if the property owners decide to move forward with
applications. The attached Condominium Development and Conversion Ordinance will
allow for conditional use permit review for all new condominium development projects,
including site condominiums and will help to retain the rental housing inventory in
Atascadero by establishing procedures and requirements for residential condominium
conversions.
ATTACHMENTS:
Attachment 1: Description of Proposed Ordinance Changes,
Goldfarb & Lipman LLP
Attachment 2: Draft PC Resolution 2007-0087 Recommending the
City Council Introduce for First Reading, by Title Only,
an Ordinance Adopting PLN 2006-1111/ZCH 2006-
0118 subject to findings.
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Attachment 1
Description of Proposed Ordinance Changes
Goldfarb & Lipman LLP, Attorneys
DESCRIPTION OF PROPOSED ORDINANCE CHANGES
CONDOMINIUM CONVERSION ORDINANCE
Issue:
Over the last two years, the City of Atascadero has received an increasing number of
applications and inquiries from apartment owners interested in converting their rental
units into for -sale condominiums. The issue was initially presented to the City Council
on September 9, 2005, and the Council expressed interest in exploring ways to control
the rate of condominium conversions. On March 14, 2006, and February 20, 2007, the
Council and the Commission reviewed and considered possible modifications to the
City's existing Ordinance relating to condominium conversions. The attached ordinance
includes those policies discussed at the joint meeting.
Background:
Typically during times when housing prices are disproportionately high in relation to
rents, there has been an interest by individual property owners in converting existing
rental units to ownership housing. In the past few years, this has been the situation in
Atascadero and throughout San Luis Obispo County: median sales prices in the County
increased dramatically and even now are close to $600,000 (EVC President Mike
Manchak, Pacific Coast Business Times, September 27, 2007), while rental rates have
remained relatively stable. In recent months, sales prices have dropped while rents
appear to be increasing ($750 for a 1 bedroom and $950 to $1050 for a 2 bedroom —
Classified Ads, The Tribune, September 30, 2007) but it is likely that the value of
apartment buildings will still be maximized by conversion to condominiums.
These economics have been reflected in an increased number of condominium
conversion applications in Atascadero. Applications have been made for the conversion
of 96 rentals to condominiums, and inquiries have been made about the conversion of
an additional 80-100 units. If all of these apartments were to be converted to
condominiums, this would represent in the loss of nearly 10 percent of the 2,100 rental
units in the City. Other San Luis Obispo County, Communities have experienced the
same increase in applications for conversions.
As one response, the Board of Supervisors adopted new condominium conversion
policies for the County in December of 2006.
The City's primary concern with the loss of rental housing is the loss of an affordable
housing stock. A stable supply of reasonably priced rental housing is essential to many
service-oriented sectors of the local economy. Apartments converted to condominiums
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usually offer some of the lowest cost ownership housing. Nonetheless, total ownership
costs are nearly always significantly higher than rental costs, and even tenants who can
afford increased monthly payments may not have sufficient savings for a down payment
and closing costs. Hence, condominium conversions usually result in decreased
housing affordability.
The California courts have given cities a great deal of discretion to control condominium
conversions, especially through a use permit process. In 1985, the California Supreme
Court upheld the ability of cities to require use permits for condominium conversions
[Griffin Devel. Co. v. City of Oxnard, 39 Cal. 3d 256 (1985)]. More recently, the
California Court of Appeal agreed that a city could require a use permit for a conversion
even after the owner had recorded a final subdivision map unless the owner had also
maintained a valid "public report" from the Department of Real Estate at all times [City
of West Hollywood v. 1112 Investment Co., 105 Cal. App. 4th 1134 (2003)]. The effect
of these decisions is to enable the City to adopt reasonable policies to limit
condominium conversions.
Existing City Policies and Subdivision Map Act Requirements
The City's Housing Element recognizes the importance of rental housing to the City and
provides:
"Goal HOS 3: Ensure that an adequate amount of rental housing exists."
"Policy 3.1: Ensure that the proportion of low and moderate housing is not
significantly reduced."
The City's Subdivision Ordinance was amended in 2000, to include certain controls on
condominium conversions. These provide primarily for the notification of tenants, public
hearings, and property improvement standards for buildings to be converted. However,
the Subdivision Ordinance does not control the rate of conversions nor include
provisions to preserve affordable rental housing.
Major Changes Included in Ordinance
At a joint Planning Commission -City Council meeting on February 20, 2007, the
Commission and Council tentatively agreed by consensus that a Condominium
Conversion Ordinance should contain certain provisions. The Ordinance now before the
Commission contains these provisions, as described below:
A. Reduction in the Rate of Condominium Conversions
The Condominium Conversion Ordinance allows conversions only when new
multifamily rental housing is constructed. This is the approach now used by the City of
San Luis Obispo and by the County of San Luis Obispo. The City of San Luis Obispo
allows conversions for half the number of new multifamily units constructed. The
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County permits conversions for one-fourth the number of new rental multifamily units
constructed. Per the direction given at the joint study session, the ordinance permits
condominium conversions for only one-fourth the number of new rental multifamily units
constructed. (See Section 9-12.109(a), Special findings for approval.)
This approach ensures that the number of rental units in the City will steadily increase.
The provision may cause rents to increase over time, because conversions typically
occur in older buildings with lower rents, while newly constructed apartments normally
have higher rents, but the increase in supply should help to ensure a balance of supply
and demand.
B. Inclusionary Requirements
The proposed Ordinance requires converted units to conform to the City's current
inclusionary policy established for new construction. This requires that 20% of all new
housing in multifamily buildings be affordable. Of this 20% for affordable units, 20%
must be affordable to very low income households, 37% to low income households, and
43% to moderate income households. (See Section 9-12.107(a), Affordable housing.
Definitions related to this requirement are included in Section 9-12.102, Definitions.)
As a comparison, the County's newly adopted Ordinance requires that 25% be
affordable to low or moderate income households, with at least half (12.5% total)
affordable to low income households.
C. Protections for Existina Tenants
The Commission and Council agreed that the Ordinance should include the following
protections for existing tenants:
1. Tenant Relocation Assistance. The proposed Ordinance mandates the
payment of three months rent as a relocation payment and requires that the
applicant help find comparable replacement housing for each tenant who
will be displaced. San Luis Obispo County also requires a payment of three
months' rent, plus additional payments if the tenant is unable to find a
comparable unit. (See Section 9-12.107(b), Relocation assistance.)
2. Protections for the Elderly and Disabled and Children Attending School. All
tenants may remain in their apartment for at least 180 days after a
condominium conversion is approved. Tenants who are disabled or elderly
(over the age of 62) may remain for an additional year.
Households with school age children may remain until at least 30 days after
the end of the school year, if the 180 -day period would otherwise end in the
middle of the school year. (See Section 9-12.107(c), Extension of lease of
rental agreement for certain tenants.)
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Once an applicant notifies tenants that an application for a condominium
conversion will be filed, tenants may only be evicted for violation of their
lease or rental agreement. (See Section 9-12.110(b), No unjust eviction.)
3. Limits on Rent Increases. After the owner has notified the tenants that an
application for a conversion will be filed (a "Notice of Intent"), the owner may
not raise rents for a 180 -day period (the City's current requirement) and
after that, may raise rent only once per year, not to exceed the percentage
increase in the consumer price index. (See Section 9-12.110(c), Limitations
on rent increases.)
4. Additional Notices to Tenants. The Ordinance requires a detailed "Tenant
Information Package" explaining not only the conversion process, but also
the condition of the building and the impact of the conversion on existing
tenants. To comply with the provisions of the Subdivision Map Act, it also
more clearly specifies, how notice should be given to tenants. Applicants will
be required to demonstrate to the City that they have given the required
notices, since the City must make a finding that these notices have been
given. (See Section 9-12.105(d), Tenant information package; 9-12.105(e),
Evidence of delivery of required notices; Section 9-12.106, Special noticing
requirements; 9-12.109(c), Special findings required for approval.)
The Legislature has just passed a bill which, if signed by the Governor,
would modify the noticing requirements and specifies the form of noticing.
The Ordinance will be modified to refer to those standards if the legislation
is signed.
5. Other. The Subdivision Map Act specifies a variety of additional protections
for tenants, such as the exclusive right to purchase a unit for a 90 -day
period. These additional protections are also included in the Ordinance.
(See, for instance, Section 9-12.107(p), Right to purchase.)
D. Develoament Standards
Atascadero's current Ordinance imposes physical conditions on condominium
conversions and requires a detailed Property Condition Report. The Ordinance
includes the physical requirements most commonly imposed in other City
Conversion Ordinances. These existing conditions are included as Sections 9-
12.107(d) — (1), Conditions of Approval.)
New requirements for energy-efficient exterior lighting and lighting for exterior
walkways have been added, as well as a requirement for a one-year warranty for
buyers. (See Sections 9-12.107(m) — (n), Conditions of Approval.)
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E. CC & R Requirements
Atascadero's Ordinance already imposes certain standards on CC&Rs for
condominium conversions and requires a copy of the CC&Rs as part of the
Tentative Map application. The Ordinance further limits the parking of trailers,
boats, and recreational vehicles on the site; confines parking to designated
parking areas; and requires City approval for amendment to the portions of the
CC&Rs that implement the City's Conditions of Approval. (See Section 9-
12.107(o), Association documents.)
F. Need for Conditional Use Permit
A condominium conversion is now defined as a "use," and any applicant would
be required to obtain a use permit as well as approval of a Tentative Map.
Consequently, the substantive provisions of the Condominium Conversion
Ordinance have been removed from the City's Subdivision Ordinance and placed
in the Zoning Ordinance. Court decisions have established that the City has more
authority to regulate condominium conversions under the Zoning Ordinance than
under the Subdivision Ordinance.
G. Additional Policv Issue for Commission Review
The Commission may want to consider whether it wishes affordable housing
created by condominium conversions to provide credit for affordable housing
required in the redevelopment area. California law requires that at least 15% of
all new housing constructed in the City's redevelopment area be affordable to
very low and moderate -income households (6% very low, 9% moderate) over a
ten-year period. The City may receive half credit for affordable housing built
outside the redevelopment area and may also gain credit for converting existing
rentals to deed -restricted affordable units under certain circumstances.
If the Commission agrees that the redevelopment agency should get credit for
these units, their term of affordability must be 45 years for ownership units and
55 years for rentals. The City now requires its moderate -income Inclusionary
Units to be affordable for only 30 years. (See Section 9-12.107(a).)
Conclusion
The Draft Ordinance includes policy options that are likely to retain affordable rental
housing by limiting the rate of conversions and requiring that at least 20 percent of
converted units remain affordable. The Commission should review the draft
Condominium Conversion Ordinance and give direction to staff.
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CONDOMINIUM DEVELOPMENT PROJECTS
Early in 2007, the City of Atascadero was compelled to accept a condominium project
with "site condominiums." Since the City did not have standards and regulations to
address this type of development, the project proceeded as a site condominium without
review of the implications of a "small lot subdivision." Members of the development
community are showing an increased interest in this "hybrid" process which is a cross
between a condominium project and a small -lot subdivision and circumvents the
subdivision process.
Background:
The City is seeing more and more applications for condominium projects and small lot
subdivisions (PD -7's). The condominium application may be a preferred method of
processing a project because it does not typically require City Council review and if the
request is for one to eleven units, it would not require Planning Commission review or a
Master Plan of Development. Often, developers will begin a condominium project as an
apartment project and once construction is underway or near completion, the developer
will then apply for a condominium subdivision. The standards for staff review on
apartment projects are not as stringent as those on a planned development or
condominium project.
Most apartment/condominium projects are designed to be administered by a
management company or home owners association. There are common areas which
are to be shared and landscaping, building exteriors and pavement that must be
maintained. If the developer then requests a "site condominium" project, individual
homeowners become responsible for much of the maintenance and what was planned
to be common space may become private. The required common open space may
become a strip of air, defined as ten feet above the roof, twenty feet wide and extending
upward to infinity.
Existing City Policies and Subdivision Map Act Requirements
The City's Housing Element recognizes the importance of a variety of housing options to
serve the requirements of residents. The General Plan provides:
"Policy 1.2: Encourage a variety of high quality housing types in multi-
family areas by allowing planned developments with detached units on
individual lots or airspace condominiums on commonly owned lots."
"Policy 2.1: Ensure that new development is compatible with existing and
surrounding neighborhoods."
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Staff's research shows that site condominiums are used fairly frequently back
East for row house type developments. These types of developments generally
fill a housing need that falls somewhere between a conventional condominium
project and a small lot subdivision. While the units are fairly close together or, in
some cases, attached, there is more autonomy with ownership of a site condo.
The proposed Condominium Development and Conversion Ordinance would
require a Master Plan of Development through the processing of a Conditional
Use Permit (CUP) to ensure that all condominium developments provide
sufficient open space for unit owners and establish the necessary conditions and
operating procedures to ensure that such developments have adequate
maintenance responsibility and access for the long-term management of the
project.
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Attachment 2
Draft Resolution Recommending Adoption of the Condominium Development and Conversion Ordinance
RESOLUTION PC 2007-0087
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO
RECOMMENDING THAT THE CITY COUNCIL
ADOPT A CONDOMINIUM DEVELOPMENT
AND CONVERSION ORDINANCE
PLN 2006-1111/ZCH 2006-0118
(City of Ataseadero)
WHEREAS, an application has been received from the City of Atascadero, 6907 El
Camino Real, Atascadero, CA 93422 (Applicants) to consider a Municipal Code Amendment
affecting Titles 9 and 11 to establish procedures for condominium development and
condominium conversion of rental apartment to "for sale" condominium units; and,
WHEREAS, the proposed amendments to the Municipal Code are not considered a
project under the California Environmental Quality Act because the California Environmental
Quality Act (CEQA) (Guidelines Section 15061.(b)(3) exempts activities which are covered by
the general rule that CEQA applies only to projects which have the potential for causing a
significant effect on the environment. The proposed Condominium Development and Conversion
Ordinance does not have the potential to cause a significant effect on the environment. The
majority of the conditions imposed by this ordinance will not result in physical changes in the
environment, because they affect social and economic conditions, such as by requiring additional
project review, affordable housing, relocation payments to tenants, protections against evictions,
and similar social conditions which do not affect the physical environment; and,
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this Condominium Development and Conversion Ordinance to protect the health,
safety, and welfare of its citizens by applying orderly development, ensuring adequate open
space, adequate long term maintenance procedures and protecting rental housing units and
expanding affordable housing opportunities within the City; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject
Condominium Development and Conversion Ordinance application was held by the Planning
Commission of the City of Atascadero at which hearing evidence, oral and documentary, was
admitted on behalf of said Zoning Text Amendments; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on October 16, 2007, studied and considered Zone Change 2006-0118; and,
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NOW THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Findings for Approval of a Zone Text Change Creating a
Condominium Development and Conversion Ordinance. The Planning Commission finds as
follows:
1. The Zoning Ordinance Text Change is consistent with General Plan policies and all
other applicable ordinances and policies of the City.
2. The Zoning Ordinance Text Change will allow for condominium project review to
ensure that condominium projects provide adequate access, maintenance, open space
and funding mechanisms for long term maintenance and stability of the project
through the review and approval of a Conditional Use Permit to establish a Master
Plan of Development.
SECTION 2. Findings for Approval of a Zone Text Change Amending the
Subdivision Ordinance. The Planning Commission finds as follows:
3. The Subdivision Ordinance Text Change is consistent with General Plan policies and
all other applicable ordinances and policies of the City.
4. This Amendment of the Zoning and Subdivision Ordinances will provide for the
orderly and efficient use of lands, protect against the loss of rental units throughout
the City, provide additional inclusionary affordable units and protect against unfair
evictions by providing a process for converting apartment units to condominiums.
5. The Text Change will not, in itself, result in significant environmental impacts.
SECTION 2. Recommendation of Approval for Change to Zoning Ordinance Text.
The Planning Commission of the City of Atascadero, in a regular session assembled on October
16, 2007 resolved to recommend that the City Council introduce, for first reading by title only,
an ordinance that would amend the City Zoning code text as shown in Exhibit A, attached
hereto, and incorporated herein as though set forth in full.
SECTION 3. Recommendation of Approval for Change to Subdivision Ordinance
Text. The Planning Commission of the City of Atascadero, in a regular session assembled on
October 16, 2007 resolved to recommend that the City Council introduce, for first reading by
title only, an ordinance that would amend the City Subdivision code text as shown in Exhibit B,
attached hereto, and incorporated herein as though set forth in full.
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by
the Planning Commission Secretary to the City Council of the City of Atascadero.
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On motion by Commissioner , and seconded by Commissioner
the foregoing resolution is hereby adopted in its entirety by the following roll
call vote:
AYES: ( )
NOES: ( )
ABSTAIN: ( )
ABSENT: ( )
ADOPTED: October 16, 2007
CITY OF ATASCADERO, CA
Joan O'Keefe
Planning Commission Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
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Exhibit A
Draft Condominium Development and Conversion Ordinance
Goldfarb & Lipman LLP, Attorneys
EXHIBIT A
SECTION ONE: Chapter 12, Condominiums, is added to Title 9, Zoning and Planning, of the
Atascadero Municipal Code, to read as follows:
Chapter 12 CONDOMINIUMS
ARTICLE 1. GENERAL PROVISIONS
9-12.101 Purpose and intent.
9-12.102 Definitions.
ARTICLE 2. REVIEW PROCEDURES FOR CONDOMINIUM PROJECTS
9-12.103 Applicability.
9-12.104 Required approvals.
9-12.105 Application requirements for Condominium Projects.
9-12.106 Application requirements for Residential Condominium Conversion Projects.
9-12.107 Special noticing requirements for Condominium Conversion Projects.
ARTICLE 3. PROPERTY REQUIREMENTS
9-12.108 Conditions of Approval.
9-12.109 Special Conditions of Approval for Residential Condominium Conversions
9-12.110 Exceptions to property improvement standards for residential Condominium
Conversions.
9-12.111 Special findings required for approval residential condominium conversions.
ARTICLE 4. TENANT AND BUYER PROTECTIONS FOR RESIDENTIAL
CONDOMINIUM CONVERSION PROJECTS
9-12.112 Tenants' rights.
9-12.113 Reports to be furnished to prospective purchasers.
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ARTICLE 1. GENERAL PROVISIONS.
9-12.101 Purpose and intent.
The purpose of this Chapter is to:
(a) Provide design and property improvement standards for condominium and condominium
conversion projects;
(b) Ensure that a Homeowners Association for residential projects or a property owners
association for commercial/industrial projects is established that is adequately funded and
organized to repair and maintain all common areas, infrastructure and structures;
(c) Ensure that all condominium projects, including condominium conversion projects, provide
necessary and useable easements to, and for, open space, ingress, egress, and utility and structure
repair and maintenance.
(d) Ensure that all condominium projects, including conversion projects, provide inclusionary
housing units under the City's Inclusionary Housing Policy.
(e) Ensure that the City maintains an adequate supply of rental multiple dwelling units affordable
to lower and moderate income persons and a diversity of housing types, in compliance with the
Land Use Element and Housing Element of the City's General Plan;
(f) Reduce the impact of condominium conversions on residents of rental housing who may be
required to relocate;
(g) Ensure that housing converted to condominiums is constructed at a standard that is consistent
with current building codes;
(h) Ensure that all common areas are readily useable and accessible to all residents.
(i) Ensure that all condominium projects, including condominium conversion projects submit for
recordation, in conjunction with a final or parcel map, a condominium plan as defined in Civil
Code Section 1351(e).
9-12.102 Definitions.
The following definitions are applicable to this Chapter.
Affordable Ownership Cost. A reasonable down payment and an average monthly housing cost
during the first calendar year of occupancy, including mortgage loan principal and interest,
mortgage insurance, property taxes and property assessments, homeowners insurance,
homeowners association dues, if any, and all other dues and fees assessed as a condition of
property ownership, which does not exceed: (A) one -twelfth of 30 percent of 50 percent of area
median income for very low income households; (B) one -twelfth of 30 percent of 80 percent of
area median income for lower income households; or (C) one -twelfth of 30 percent of 120
percent of area median income for moderate -income households. In calculating affordable
ownership cost of a unit, area median income shall be adjusted for assumed household size based
on unit size.
Affordable Rent. Monthly rent, including a reasonable utility allowance and all mandatory fees
charged for use of the property, which does not exceed: (A) one -twelfth of 30 percent of 50
percent of area median income for very low income households; (B) one -twelfth of 30 percent of
60 percent of area median income for lower income households; and (C) one -twelfth of 30
percent of 110 percent of area median income for moderate -income households. In calculating
affordable rent for a unit, area median income shall be adjusted for assumed household size
based on unit size.
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Area Median Income. The annual median income for San Luis Obispo County, adjusted for
household size, as published periodically in the California Code of Regulations, Title 25, Section
6932, or its successor provision, or as established by the City of Atascadero in the event that
such median income figures are no longer published periodically in the California Code of
Regulations.
Assumed Household Size. One person in a studio unit, two persons in a one -bedroom unit, three
persons in a two-bedroom unit, four persons in a three-bedroom unit, and one additional person
for each additional bedroom.
Condominium Plan. "Condominium plan" means a plan consisting of (1) a description or
survey map of a condominium project, which shall refer to or show monumentation on the
ground, (2) a three-dimensional description of a condominium project, one or more dimensions
of which may extend for an indefinite distance upwards or downwards, in sufficient detail to
identify the common areas and each separate interest, and (3) a certificate consenting to the
recordation of the condominium plan.
Condominium Project. A residential, commercial or industrial project, consisting of attached
or detached units, constructed on one lot, and which can be sold or rented under a common
interest development as defined in Civil Code Section 1351 (including a residential
condominium, planned development, stock cooperative, or community apartment project).
Condominium Conversion. The conversion of existing dwelling units that have been approved
for occupancy and cannot be sold individually into a common interest development as defined in
Civil Code Section 1351 (including a residential condominium, planned development, stock
cooperative, or community apartment project), or into any other ownership type in which the
dwelling units may be sold individually.
Disabled Person. A person who has a physical or mental impairment that limits one or more
major life activities, anyone who is regarded as having such an impairment, or anyone who has a
record of such an impairment, as defined in the federal Fair Housing Act or Americans with
Disabilities Act.
Lower Income Household. A household whose income does not exceed the lower income limits
applicable to San Luis Obispo County, as published and periodically updated by the California
Department of Housing and Community Development pursuant to Section 50079.5 of the
California Health and Safety Code.
Moderate Income Household. A household whose income does not exceed the moderate
income limits applicable to San Luis Obispo County, as published and periodically updated by
the California Department of Housing and Community Development pursuant to Section
50079.5 of the California Health and Safety Code.
Residential Development. All dwelling units located on one parcel or on contiguous parcels and
owned, operated, or managed by one entity, or which were constructed as part of one
development project.
Very Low Income Household. A household whose income does not exceed the lower income
limits applicable to San Luis Obispo County, as published and periodically updated by the
California Department of Housing and Community Development pursuant to Section 50105 of
the California Health and Safety Code.
ARTICLE 2. REVIEW PROCEDURES
9-12.103 Applicability.
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The procedures and standards contained in this chapter shall apply to all condominium projects
and all condominium conversion projects, except for the following:
(a) Residential condominium development projects or four (4) units or less, provided that the
units are contained within a residential development containing no more than four dwelling
units.
(b) Condominium conversions of four dwelling units or less, provided that the dwelling units
being converted are contained within a residential development containing no more than four
dwelling units.
(c) Condominium conversions for which a complete application was made prior to March 1,
2006.
9-12.104 Required approvals.
No condominium projects or condominium conversion projects for greater than four (4)
residential, commercial or industrial units shall be permitted unless a conditional use permit is
approved pursuant to the provisions of this Chapter and Section 9-2.109 of this Code.
Condominium projects and condominium conversions shall also require a tentative and final map
pursuant to Title 11 of this Code, and shall be subject to all applicable provisions of the
Subdivision Map Act, Title 11 of this Code, and all other applicable state and local laws and
ordinances. Provisions for notice, hearing, and appeal shall be as specified in Title 9 and Title 11
of this Code for conditional use permits and tentative maps, respectively, except as modified by
the provisions of this Chapter.
9-12.105 Application requirements for Condominium Proiects.
The Conditional Use Permit application for a condominium project shall be completed and
submitted with a completed environmental assessment form and all other information as
described on the checklist attached to the application.
In addition to the Conditional Use Permit, an application for a Tentative Parcel or Tract Map
shall be submitted concurrently with the Conditional Use Permit application. The parcel or Tract
Map shall be accompanied by all information described in the checklist attached to the
application.
Where the information requirements for the Conditional Use Permit and Tentative Map Overlap
or conflict, the Conditional Use Permit requirements shall apply.
9-12.106 Application requirements for Condominium Conversions.
The Conditional Use Permit application for a condominium conversion shall be accompanied by
an application for a Tentative Map as required by Title 11 of this Code. The application shall
include all information required by Title 11 and by Section 9-2.109 and the following additional
information:
(a) Housing Impact Report. A report that describes: the number of households that may be
displaced; the numbers of persons residing in all households; the age and income levels of all
tenants; units occupied by persons who are over sixty-two (62) years of age, disabled, or
between five (5) and eighteen (18) years of age; the square footage, number of bedrooms, rental
rates, and vacancy rate of all units for the previous three years; proposed affordable units and
affordability level; and documentation of the community -wide number of rental units with
similar rental rates.
(b) Property Condition Report. A detailed description of the physical condition of the property,
including:
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(1) Property and structural compliance with the current building and zoning codes, including
foundations, ventilation, utilities, walls, roofs, windows, mechanical and electrical equipment,
appliances which will be sold with the units, common areas, roads, paved and parking areas,
utilities, and infrastructure. The report shall state, to the best knowledge of the applicant, and for
each element: the date of construction, the condition, the expected useful life, the cost of
replacement, and any variation from current building and zoning codes. The report shall identify
all defective or unsafe elements or those which may impair use and enjoyment of the property;
corrective measures required to meet current code standards; modifications needed to meet
current sound attenuation and energy conservation standards; estimated costs of needed repairs
and annual maintenance costs, including a sinking fund; and the estimated annual amount of
homeowners' association fees. The report shall be prepared by a registered civil or structural
engineer or architect;
(2) A report from a licensed pest -control operator describing in detail the presence and effects of
any wood destroying organisms; corrective measures; and estimated repair costs;
(3) A report of any known soil or geological problems, prepared by a licensed geotechnical
engineer; required and recommended corrective measures; and estimated repair costs. Reference
shall be made to any previous soils or geotechnical reports prepared for the site.
(4) A report by the Building Official, Fire Marshal, and Planning Services, or designee,
regarding the building's and site's compliance with current building and zoning codes and listing
any code violations found.
(c) Site Plan. A site plan which shall include at least the following:
(1) The location, number of stories, number of dwellings, and proposed use of each structure to
remain and of any proposed new structure;
(2) The location, use, and type of surfacing for all open storage areas;
(3) The location and type of surfacing for all driveways, pedestrian ways, vehicle parking areas,
and curb cuts;
(4) The location and number of all covered and uncovered parking spaces;
(5) The location of all existing and proposed utility lines and meters;
(6) The location, height and type of materials for walls and fences;
(7) The location of all landscaped areas, the type of landscaping, method of irrigation, exterior
lighting, and a statement specifying private or common maintenance;
(8) The location and description of all recreational facilities;
(9) The location, size, and number of parking spaces to be used in conjunction with each unit;
(10) The location, type, and size of all drainage pipes, structures, and basins;
(11) Existing contours, building pad elevations, and percent slope for all driveways and parking
areas.
(d) Tenant Information Package. A tenant information package that includes at least the
following:
(1) The name and address of developer and/or property owner;
(2) A copy of the Housing Impact Report and Property Condition Report that are submitted in
compliance with subsections (a) and (b) of this Section;
(3) The approximate sales price of each unit and provisions for affordable housing, in
compliance with Section 9-12.107(a); and
(4) A copy of the Notice of Intent to Convert required by Section 9-12.106(a).
The Tenant Information Package shall be delivered to each tenant within five (5) working days
after the Community Development Director has approved the Tenant Information Package.
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(e) Evidence of Delivery of Required Notices.
(1) Signed copies from each tenant acknowledging receipt of the Notice of Intent to Convert; or,
for each tenant for whom a signed copy of the notice is not submitted. satisfactory evidence that
the Notice of Intent to Convert was sent to each tenant in compliance with the legal requirements
for service by mail and was sent by U.S. certified mail, return receipt requested.
(2) Evidence to the satisfaction of the Community Development Director that all tenants of the
proposed condominium conversion have been, or will be, given all written notices required by
this Chapter and by the Subdivision Map Act, and that such notices have, or will, comply with
the legal requirements for service by mail. The applicant shall provide the City with copies of all
affidavits prepared in compliance with Code of Civil Procedure Section 1013a.
(f) Other Information. Any other information which in the opinion of the Community
Development Director will assist in determining whether the findings required by Sections 9-
2.109 and 9-12.109 of this Code can be made. The applicant shall submit to the City a copy of
each application for a public report made to the California Department of Real Estate, including
a copy of the supplemental questionnaire for apartments converted to condominiums.
9-12.107 Special noticing requirements for Condominium Conversion Proiects. NOTE: The
Legislature has amended these provisions. These sections will be modified if the bill (AB 763)
is signed by the Governor. The bill was sent to the Governor on 9/14/07.
In addition to the notices of public hearing required by Section 9-1.110 and Section 11-4.06 of
this Code, the following additional notices shall be given. Notice shall comply with the legal
requirements for service by mail contained in Code of Civil Procedures Sections 1012, 1013, and
1013a or shall be made by personal delivery to each tenant, confirmed by written
acknowledgement of receipt of the notice. In addition, the Notice of Intent to Convert, Right to
Purchase Notice, and copies of City staff reports shall be delivered to each occupied dwelling
unit included in the proposed conversion. The applicant shall also provide any additional notice
required by the Subdivision Map Act or other state or federal law.
(a) Notice of Intent to Convert. The applicant shall give a written Notice of Intent to Convert to
each tenant at least sixty (60) days prior to submittal of the Conditional Use Permit and Tentative
Map application for the condominium conversion. In addition to the information required by
Government Code Section 66427. 1, the notice shall include the following:
(1) Name and address of current owner;
(2) Name and address of subdivider;
(3) Approximate date on which the unit is to be vacated by nonpurchasing tenants if the
conditional use permit and tentative map are approved,
(4) The tenant's right to continue to rent the unit for at least one hundred and eighty (180) days
after the date of any approval of the conditional use permit and tentative map, or for up to one
(1) year beyond the one hundred eighty (180) -day termination period if any resident of the unit is
over 62 years of age, disabled, lower income, or has school-age children. The Notice of Intent to
Convert shall describe how the tenant may establish that a resident of the unit is over 62 years of
age, disabled, or has school-age children, or that the household qualifies as a lower income
household.
(5) The tenant's exclusive right to purchase the unit upon the same terms that the unit will
initially be offered to the general public, or on more favorable terms, for a period of at least
ninety (90) days after a subdivision public report has been issued by the California Department
of Real Estate or after commencement of sales, whichever is later.
(6) Provisions for affordable housing as required by Section 9-12.107(a).
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(7) A general description of the relocation assistance to be provided pursuant to Section 9-
12.107(b).
(8) The tenant's right to terminate any lease or rental agreement for the unit as provided by
Section 9-12.110(a).
(9) Protection from unjust eviction as required by Section 9-12.110(b).
(10) Limitations on rent increases as required by Section 9-12.110(c).
(11) City contact information (telephone, street address, and e-mail address).
(b) Notice to Prospective Tenants. After the Notice of Intent to Convert has been issued, the
applicant shall, before accepting any rent or deposit from any prospective tenant, provide the
prospective tenant with the notice required by Government Code Section 66452.8, a copy of the
Notice of Intent to Convert, and a copy of the Tenant Information Package, if it has been
approved by the Community Development Director.
(c) Tenant Information Package. The applicant shall provide all tenants with a copy of the
Tenant Information Package specified in Section 9-12.105(d) within five (5) working days of its
approval by the Community Development Director.
(d) Submittal Notice. The applicant shall provide a Submittal Notice to each tenant within ten
(10) days of the submittal of an application for a public report to the California Department of
Real Estate, pursuant to Government Code Section 66427.1. The notice shall indicate that the
public report will be available to the tenant upon request.
(e) Approval Notice. The applicant shall provide an Approval Notice to each tenant within ten
(10) days of any approval of the final map for the condominium conversion, pursuant to
Government Code section 66427.1.
(f) Right to Purchase Notice. The applicant shall provide each tenant with a Right to Purchase
Notice at the beginning of the tenant's exclusive right for a period of ninety (90) days to contract
for the purchase of the unit upon the same terms that the unit will initially be offered to the
general public, or on more favorable terms. The Right to Purchase Notice shall state the date that
the ninety (90) -day period will commence, describe the terms on which the unit is being offered,
comply with the requirements of Government Code Section 66427.1, and include the
information for buyers specified in Section 9-12.111 and the subdivision public report.
(g) Continued Right of Occupancy Notice. After City approval of the conditional use permit and
tentative map, the applicant shall provide each tenant with a Continued Right of Occupancy
Notice stating that each tenant will be given a minimum period of one hundred eighty (180) days
to vacate the unit, unless the period is extended pursuant to Section 9-12.106(a)(4). This
Continued Right of Occupancy Notice is not a notice to terminate the tenancy as required by
Civil Code Section 1946.1.
(h) Copies of City Staff Reports. As required by Government Code Section 66452.3, the
applicant shall provide each tenant with a copy of any staff report on the condominium
conversion at least three (3) days prior to any public hearing on the proposed condominium
conversion.
ARTICLE 3. PROPERTY REQUIREMENTS
9-12.108 Conditions of approval. All residential condominium and condominium conversion
projects shall comply with the following provisions prior to recordation of the final map.
(a) Affordable Housing. The applicant shall agree to rent or sell twenty (20) percent of the total
number of units to be converted to very low, lower, and moderate -income households, as
follows:
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(1) Four percent (4%) of the total number of units to be converted shall be rented or sold
at an affordable ownership cost or affordable rent to very low income households.
(2) Seven -and -one-half percent (7.5%) of the total number of units to be converted shall
be rented or sold at an affordable ownership cost or affordable rent to lower income
households.
(3) Eight -and -one-half percent (8.5%) of the total number of units to be converted shall
be rented or sold at an affordable ownership cost or affordable rent to moderate income
households.
All units shall remain affordable if sold to qualifying households, for thirty (30) years or forty-
five (45) years in the redevelopment area, or shall remain affordable for fifty-five (55) years if
rented to qualifying households in the redevelopment area. The affordable units shall be
distributed throughout the project and not concentrated in one location. Fractions of units of 0.5
or greater shall be rounded up to the next highest whole number. For fractions of less than 0.5,
the applicant may provide an additional affordable unit or pay in -lieu fees established by the City
prior to Final Map approval. Existing tenants of the condominium conversion project who are
income -qualified shall be given priority to acquire the affordable units, and a lottery shall be
used if necessary to determine unit possession. The affordable units required by this section shall
be provided in addition to any existing deed restricted affordable units in the project. If the
project is subject to the affordable housing requirements of other ordinances or agencies, then
the most restrictive requirements shall apply. Prior to approval of the Final Map, an affordable
housing agreement between the applicant and the City shall be recorded to ensure continued
affordability of the required affordable units.
(b) Association Documents. The declaration of covenants, conditions and restrictions, articles of
incorporation, bylaws, and contracts for the maintenance, management, or operation of any part
of the condominium conversion project shall be submitted to the City for review and approval
prior to approval of the final map, to ensure that the documents comply with all required
conditions of approval. In addition to the requirements of Civil Code Section 1355 and any
requirements which might be imposed by the City consistent with these regulations, the
organizational documents shall include provisions concerning the conveyance of units; the
assignment of parking; an agreement for common area maintenance, including facilities, utilities,
and landscaping; a proposed annual operating budget containing a reserve fund to pay major
anticipated maintenance, repair, or replacement expenses; and an estimate of initial annual
homeowners dues. The declaration of covenants, conditions, and restrictions shall also contain
the following specific provisions:
(1) No trailers, boats, or recreational vehicles may be parked on the site.
(2) Vehicles may only be parked in designated parking areas.
(3) A provision establishing the obligation and duty of the governing body of the
homeowners association to continually maintain the common areas in a manner which,
at a minimum, ensures compliance with this Code, any Conditions of Approval, and all
other applicable laws, regulations, and standards.
(4) A provision for annual assessments for maintenance and for capital improvements.
(5) CC&R provisions required to comply with the City's conditions of approval may not be
modified without the City's consent.
9-12.109 Special Conditions of Approval for Residential Condominium Conversions
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(a) Relocation Assistance. Following approval of the conditional use permit and tentative map,
the applicant shall enter into an agreement with the City to provide each tenant household that
vacates a unit with a relocation payment equal to three months rent for the unit currently
occupied by that household. The relocation payment shall be paid at least thirty (30) days before
the household vacates its unit. The applicant shall also provide active assistance in securing
comparable replacement housing for each tenant who will be displaced.
(b) Extension of Lease or Rental Agreement for Certain Tenants. For tenant households that
include a person over sixty-two (62) years of age or a disabled person, or if the household is a
lower income household, the applicant shall extend the household's rental agreement or lease for
one (1) year beyond the one hundred eighty (180) -day termination period specified in Section 9-
12.106(g). For tenant households that include a dependent person attending kindergarten through
Grade 12, if the one hundred eighty (180) -day termination period ends in the middle of a school
year, then the applicant shall extend the household's rental agreement or lease until thirty (30)
days after the end of the school year.
(c) Building and Zoning Regulations. To the extent feasible, the condominium conversion shall
substantially comply with the City's building and housing codes and zoning regulations in effect
on the date the application for conversion is accepted as complete. All modifications needed to
meet current sound attenuation and energy conservation standards shall be completed.
(d) Fire Safety. Each living unit shall be provided with approved smoke detectors as required by
the Building Code.
(e) Fire Protection Systems. All fire hydrants, fire alarm systems, portable fire extinguishers, and
other fire protection appliances shall be retained in operable condition at all times and shall
comply with the building requirements in place at the time the building was construct. Any
additions or major renovations will require that the building be brought up to current City
standard.
(f) Utility Metering. The consumption of gas, electricity, and water within each unit shall be
separately metered, and there shall be separate circuit breakers and shutoff valves for each unit.
(g) Storage. The project shall provide at least one hundred (100) cubic feet of enclosed,
weatherproof, and lockable private storage space for each unit, exclusive of standard cabinets
and standard closets within the unit and the space normally required for parking a vehicle in a
garage. This space shall be for the sole use of the unit owner. The minimum opening shall be two
and one-half (2.5) feet by four (4) feet and the minimum height shall be four (4) feet.
(h) Laundry Facilities. A laundry area, including space and utility connections for a washer and
dryer, shall be provided in each unit, or laundry facilities shall be provided in common laundry
space. Common facilities shall consist of at least one washer and dryer for each ten (10) units or
fraction thereof.
(i) Parking. The number of parking spaces, including the provision of covered spaces and spaces
for the disabled, shall meet current standards for the number of parking spaces, as provided in
Chapter 4 of Title 9 of this Code. Spaces for the exclusive use of each unit shall be so marked.
Visitor parking and special loading zones, if any, shall also be marked.
0) Refurbishing and Restoration. All structures, common areas, sidewalks, driveways,
landscaped areas, and facilities, if defective or in poor condition, shall be refurbished and
restored to a safe and usable condition, and as otherwise required by the Planning Commission
pursuant to the findings in the Property Condition Report.
(k) Private Open Space. Each unit shall have a minimum of one hundred (100) square feet of
qualifying private open space. To qualify, open space must be private and directly accessible
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from the unit it serves, and must have a minimum dimension in every direction of ten (10) feet
for open space provided at ground level or six (6) feet for open space provided on a balcony or
elevated deck, and must be located outside the required front yard setback.
(1) Lighting. Energy-efficient lighting providing adequate light levels as acceptable to the Police
Department shall be installed in all parking areas and adjacent to exterior walkways. All lighting
fixtures shall be selected, installed, and oriented to prevent glare.
(m) Warranty. The applicant shall provide a warranty for a period of one year from the date of
the sale of the last individual unit free of charge to the homeowners' association for all project
components that are owned or maintained by the association. The warranty shall guarantee the
condition of the common area items, including but not limited to roads, paving, drainage
systems, landscaping, and recreational facilities. The warranty shall also guarantee the condition
of all residential and/or common area structures, roofing, foundations, plumbing, electrical
system, heating and ventilation, mechanical systems, and utilities. The City shall review and
approve the form of the warranty prior to approval of the final map.
(n) Right to Purchase. In conformance with Government Code Section 66427.1, the applicant
shall provide each tenant with an exclusive right for a period of ninety (90) days to contract for
the purchase of the tenant's unit upon the same terms that the unit will initially be offered to the
general public, or on more favorable terms.
9-12.110 Exceptions to property improvement standards for residential condominium
conversions.
Upon request by an applicant, the Planning Commission may approve exceptions to the property
improvement standards for condominium conversion projects included in Section 9-12.107(d) —
(m) inclusive of this Code. The nature of the exception requested shall be described in public
notices for Commission hearings on the condominium conversion. The Commission may
approve exceptions to property development standards only after a public hearing and if the
Commission can make the findings required by Section 11-9.02 of this Code.
9-12.111 Special findings required for approval of Residential Condominium Conversion
Proiects.
A Conditional Use Permit for a condominium conversion may be approved only if the Planning
Commission makes the following findings in addition to those required by Section 9-2.109 of
this Code:
(a) The total number of residential rental units to be converted to condominiums in any calendar
year does not exceed twenty-five percent (25%) of the number of newly constructed rental
multiple dwelling units that were approved for occupancy in the City in the previous calendar
year. For purposes of this finding, "rental multiple dwelling units" include only those dwelling
units located in a multifamily structure which cannot be sold individually.
(b) The condominium conversion conforms to all provisions of this Chapter, including all
Conditions of Approval required by Section 9-12.107.
(c) Prior to approval of the Final Map, the applicant shall provide, or make adequate provisions
to provide, all notices required by this Ordinance and by the Subdivision Map Act.
(d) The proposed conversion will not displace a significant number of lower income or
moderate -income households or senior citizens, unless the same number of rental units, of the
same size and number of bedrooms, at the same rents, and in the same physical condition are
offered for rent in the City.
1442\04\483520.1
ARTICLE 4. TENANT AND BUYER PROTECTIONS FOR RESIDENTIAL
CONDOMINIUM CONVERSION PROJECTS
9-12.112 Tenants' rights.
After the date of issuance of the Notice of Intent to Convert, each tenant in a proposed
condominium conversion shall have the following rights with respect to the tenant's unit:
(a) Right to Terminate Lease or Rental Agreement. The tenant may terminate a lease or rental
agreement, without penalty, upon thirty (30) days notice to the owner.
(b) No Unjust Eviction. Tenants who comply with the terms of their rental or lease agreements
and with the written regulations of the rental property may not be evicted until the expiration of
either the one hundred eighty (180) -day period specified in Section 9-12.106(g) or the extension
described in 9-12.107(c), whichever is later.
(c) Limitations on Rent Increases. After the applicant has issued the Notice of Intent to Convert,
the rent for any dwelling unit shall not be increased for a one hundred eighty (180) -day period.
After the expiration of the one hundred eighty (180) -day period, the rent for any tenant may not
be increased more than once annually, and such increase shall not exceed the rate of increase in
the consumer price index for the same period.
9-12.113 Reports to be furnished to prospective buyers.
In addition to those reports required by State law and any other provisions of this Code, the
applicant shall furnish each prospective purchaser of a dwelling unit with the following
documents:
(a) Property Condition Report
(b) Approved conditional use permit, including all conditions of approval.
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Exhibit B
Draft Condominium Development and Conversion Ordinance
Goldfarb & Lipman LLP, Attorneys
EXHIBIT B
SECTION TWO: Chapter 12, Condominium Conversions, of Title 11, Subdivisions, of the
Atascadero Municipal Code, is hereby repealed.
Chapter- 12 CONDOMINIUM CONVERSION -S
11 12.01 Purpose and intent.
41 12.02 Appheability of other- laws.
U 12.03 Provisions to govern eondominium projeets.
11 12.05 Aeeeptanee of reports.
14 12.06 Copy of report to buyers-.
11 12.07 Tenant pro i i
11 12.08 Hear-ing! Notifleation.
11 12.09 Appheation: Required findings.
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SECTION THREE: The following amendments are made to Title 11, Subdivisions, of the
Atascadero Municipal Code:
A. Section 11-2.09 Condominium conversion, is hereby amended to read as follows:
"Condominium conversion" means the eenvof pr -op !d under-tenonc
estates other- than eendeminitim to eeetipaney as eondomi-n-im"n-S the conversion of existing
dwelling units that have been approved for occupancy and cannot be sold individually into a
common interest development as defined in Civil Code Section 1351 (including a residential
condominium, planned development, stock cooperative, or communityapartment project
into any other ownership type in which the dwelling units may be sold individuallX.
B. Section 11-4.02 Filing of Tentative Map: Application, is hereby amended to read as
follows:
Section 11-4.02 Filing of Tentative Map; Application; Condominium Conversion
The Tentative Map application shall be filed with the Community Development Department and
shall be prepared in accordance with these regulations, the Subdivision Map Act and the
Subdivision Guidelines and Standards Manual. The application shall be accompanied as many
copies of the Tentative Map as may be required by the Community Development Director. Any
application for a Tentative Map for a condominium conversion shall be accompanied by an
application for a Conditional Use Permit as required by Chapter 12 of Title 9, Planning and
Zoning.
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