HomeMy WebLinkAboutPC_2006-01-03_AgendaPacketCITY OF ATASCADERO
PLANNING COMMISSION AGENDA
Regular Meeting
Tuesday, January 3, 2006 — 7:00 P.M.
City Hall
Council Chambers
6907 El Camino Real
Atascadero, California
CALL TO ORDER
Pledge of Allegiance
Roll Call: Chairperson Porter
Vice Chairperson Beraud
Commissioner Fonzi
Commissioner Jones
Commissioner Kelley
Commissioner O'Keefe
Commissioner Patel
PLANNING COMMISSION BUSINESS
APPROVAL OF AGENDA
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)
CONSENT CALENDAR
(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 DECEMBER 6, 2005.
City of Atascadero Planning Commission Agenda
COMMUNITY DEVELOPMENT STAFF REPORTS
2. TREE REMOVAL PERMIT 2003-0042
Regular Meeting January 3, 2006
Page 2 of 5
Applicant
Marius Manea, 734 Modesto Ave., South Lake Tahoe, CA 96150
Project Title
Tree Removal Permit 2003-0042
Project
9365 Barranco Road, Atascadero, CA 93422
Location
APN 054-311-058
Project
A request to remove three (3) native Blue Oak trees, one of which is 26 -inches in diameter at
Description
breast height (dbh), for the development of a Single -Family residence, PPN-2003-0098, BLD
Location
2002-1525.
3. TREE REMOVAL PERMIT 2005-0082
Applicant
Provost Engineering & Building, 2215 Edyllwild Place, Arroyo Grande, CA 93420
Owners
Paula Freeman, 2716 La Purisima, Santa Maria, CA 93455
Al Provost, 2215 Idyllwild PI., Arroyo Grande, CA 93420
Pete Curzi, 2210 Idyllwild Pl., Arroyo Grande, CA 93420
Project Title
Tree Removal Permit 2005-0082
Project
3931 San Anselmo Road (N/E Corner of San Anselmo &
Location
Seperado Ave.) APN 049-033-048
Project
A request to remove two (2) native Live Oak trees, 56 and 41 -inch diameter at breast height
Description
(dbh), for the development of a Single -Family Residence.
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).)
City of Atascadero Planning Commission Agenda
4. VARIANCE 2005-0008, PPN 2005-0190
Regular Meeting January 3, 2006
Page 3 of 5
Applicant
Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422
Project Title
VAR 2005-0008, Precise Plan 2005-0190, Single -Family residence
Project
El Retiro Avenue, Atascadero, CA 93422
Location
(San Luis Obispo County) APN 031-112-004
Project
The project consists of an application to construct one three-story single-family residence
Description
on a legal lot of record. The applicant is proposing to locate the garage and residence a
Project
minimum of 5 -feet from the front property line to minimize grading and tree impacts.
Description
Three native trees are proposed for removal. The residence will gain access from El Retiro
Avenue.
General Plan Designation: SFR -Y
Zoning District: RSF-Y
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 El Camino Real, Community Development Department from 8:00 a.m. to 5:00 p.m.,
Proposed
Monday through Friday.
5. ZONE CHANGE 2004-0092, CONDITIONAL USE PERMIT 2004-0139,
TENTATIVE TRACT MAP 2004-0060
Owners
Kinsey "Bud" Tanner, 5290 Barrenda Ave, Atascadero, CA 93422
Shawn Fragione, 7790 Aragon Rd., Atascadero, CA 93422
Project Title
Zone Change 2004-0092, Conditional Use Permit 2004-0139; Tentative Tract Map 2004-
0060 for a 5 -lot Planned Development subdivision
Project
7705 Navajoa Avenue, Atascadero, CA 93422 (Single Family Residence)
Location
(San Luis Obispo County) APN 031-183-013, 031-183-032.
Project
The proposed project consists of an application for a Zone Change, Conditional Use
Description
Permit, and Tentative Parcel Map for the construction of five new detached single-family
homes on individual lots that will be developed under the requirements of the Planned
Development #25 Overlay District standards within the Residential Multi -Family (RMF -
10) Zoning District. The project includes one home per lot each with a two -car garage and
one parking space in each driveway. The project will be served by City sewer.
General Plan Designation: Medium Density Residential — MDR
Zoning District: Residential Multiple Family — RMF -10
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 El Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m.,
Monday through Friday.
City of Atascadero Planning Commission Agenda Regular Meeting January 3, 2006
Page 4 of 5
COMMISSIONER COMMENTS AND REPORTS
DIRECTOR'S REPORT
ADJOURNMENT
The next regular meeting of the Planning Commission will be on January 17, 2006 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 January 3, 2006
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: 1-3-06
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT MINUTES
Regular Meeting
Tuesday, December 6, 2005 — 7:00 P.M.
Chairperson Porter called the meeting to order at 7:01 p.m. and Commissioner Fonzi
led the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Fonzi, Kelley, O'Keefe and Chairperson Porter
Absent: Commissioners Jones, Patel and Vice Chairperson Beraud
Staff Present: Community Development Director Warren Frace, Public Works
Director / City Engineer Steve Kahn, Deputy Community
Development Director Steve McHarris, Associate Planner Kerry
Margason, Assistant Planner Lisa Wilkinson and Recording
Secretary Grace Pucci.
PLANNING COMMISSION BUSINESS
APPROVAL OF AGENDA
MOTION: By Commissioner Fonzi and seconded by Commissioner
O'Keefe to approve the agenda.
Motion passed 4:0 by a roll -call vote.
PUBLIC COMMENT
10rea
PC Draft Minutes 12/06/05
Page 1 of 6
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON NOVEMBER 15, 2005.
2. APPROVAL OF THE 2006 PLANNING COMMISSION MEETING SCHEDULE
MOTION: By Commissioner O'Keefe and seconded by Commissioner
Fonzi to approve Items #1 and 2.
Motion passed 4:0 by a roll -call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS
3. TREE REMOVAL PERMIT 2005-0081
Applicant
Jeff Dillon, AIA, P O Box 15339, San Luis Obispo, CA 93406
Project Title
Tree Removal Permit 2005-0081
Project
9705 El Camino Real, Atascadero, CA 93422
Location
APN 030-472-009
Project
A request to remove one (1) native Live Oak tree 26 -inches in diameter. 1t has been determined that the
Description
oak tree is damaged beyond reclamation by a certified arborist.
Assistant Planner Lisa Wilkinson gave the staff report and answered questions of the
Commission.
PUBLIC COMENT
Jeff Dillon, applicant's architect, stated the applicant's agreement with the staff report
and answered questions of the Commission.
Chairperson Porter closed the Public Comment period.
MOTION: By Commissioner O'Keefe and seconded by Commissioner
Fonzi to adopt Resolution PC 2005-0099 to approve the
request to remove one (1) native oak tree subject to the
conditions of approval, those being the payment of the
mitigation fee as well as the planting of four 15 gallon Live
Oaks.
Motion passed 4:0 by a roll -call vote.
PC Draft Minutes 12/06/05
Page 2 of 6
PUBLIC HEARINGS
4. CONDITIONAL USE PERMIT 2005-0166,1215 EL CAMINO REAL
Owner:
Boneso Family Trust, P O Box 932, Paso Robles, CA 93447
Project Title:
Conditional Use Permit 2005-0166
Project
1215 El Camino Real, Atascadero, CA (San Luis Obispo County)
Location:
APN 049-042-019
Project
An amendment to the original Conditional Use Permit to reconfigure an existing lot line. The proposed
Description:
lot reconfiguration will separate the existing mobile home park and provide access way in fee to El
Camino Real. The proposed lot configuration will require connection to the City's sewer system.
General Plan Designation: HDR
Zoning District: RMF -16
Proposed
The project has been determined to be Categorically Exempt according to the provisions of the California
Environmental
Environmental Quality Act (CEQA).
Determination:
Commissioner Fonzi stepped down from consideration of this item stating that she has
a mobile home listed for sale in this mobile home park.
Assistant Planner Lisa Wilkinson gave the staff report and with City Engineer Steve
Kahn answered questions of the Commission.
PUBLIC COMENT
Jamie Kirk, applicant's representative, stated that the applicant had fulfilled the
Commission's requirement to notify the tenants in the mobile home park and answered
questions of the Commission.
Chairperson Porter closed the Public Comment period.
Commissioner O'Keefe asked for confirmation that the mobile home tenants will not
have to absorb any of the initial capital costs of hooking up to the sewer. City Engineer
Steve Kahn stated that the owner/developer of the property will be billed for the initial
fee of $180,000.
Commissioner Kelley expressed concern that the fees will eventually get transferred
onto the mobile home tenants.
MOTION: By Commissioner Kelley and seconded by Commissioner
O'Keefe to adopt Resolution PC 2005-0093 to approve
Conditional Use Permit amendment 2005-0166 based on
findings and subject to conditions of approval.
Motion passed 3:0 by a roll -call vote.
Commissioner Fonzi rejoined the hearing.
PC Draft Minutes 12/06/05
Page 3 of 6
5. ROAD ABANDONMENT 2004-0015, EL CAMINO REAL & PRINCIPAL
Owner:
Westpac Investments, Inc., 805 Aerovista Place, Suite 302, San Luis Obispo, CA 93401
Project Title:
Vacation (to vacate) a Paper Alley
Project
The project is located north of Principal Avenue, west of Pino Solo Road, east of and adjacent to El
Location:
Camino Real, Atascadero, CA (San Luis Obispo County)
Location:
Crosses APNs 030-491-013, 015, 016, 017, and 018
Project
Request to summarily vacate an unconstructed alley, originally created by Map ADS Additional No. 1
Description:
as recorded in Book 5 at Page 1 of Maps, County Recorder's Office, San Luis Obispo County.
General Plan Designation: MDR/GC
Zoning District: RMF-10/CR
Proposed
Consistent with Mitigated Negative Declaration 2004-0024, adopted by the City Council on October 12,
Environmental
2004.
Determination:
Associate Planner Kerry Margason gave the staff report and answered questions of the
Commission.
PUBLIC COMENT
Brad Breckwald, applicant's representative, answered questions of the Commission.
Chairperson Porter closed the Public Comment period.
MOTION: By Commissioner Fonzi and seconded by Commissioner
O'Keefe to adopt Resolution 2005-0100 recommending the City
Council summarily vacate an unconstructed alley right-of-way
based on findings and subject to conditions of approval.
Motion passed 4:0 by a roll -call vote.
6. ZONE CHANGE 2005-0106
Owner:
Robert Bennet, c/o Fence Factory, 2419 Palma Drive, Ventura, CA 93003
William Norris, 4580 Farousse Way, Paso Robles, CA 93446
Project Title:
Zone Text Change 2005-0106 Indoor Recreation
Project
All Commercial Park Zoning District within the City of Atascadero, County of San Luis Obispo. (See
Location:
attached map).
Project
Request to expand the conditionally allowable uses within the Commercial Park Zoning District to
Description:
allow for indoor recreational uses with Planning Commission review.
General Plan Designation: CPK
Zoning District: CPK
Proposed
Categorically exempt.
PC Draft Minutes 12/06/05
Page 4 of 6
Environmental
Determination:
Associate Planner Kerry Margason gave the staff report and answered questions of the
Commission.
PUBLIC COMENT
William Norris, applicant, answered questions of the Commission.
Chairperson Porter closed the Public Comment period.
MOTION: By Commissioner Kelley and seconded by Commissioner
Fonzi to adopt Resolution PC 2005-0101, recommending that
the City Council introduce an Ordinance for first reading, by
title only, to approve Zone Change 2005-0106 based on
findings.
Motion passed 4:0 by a roll -call vote.
COMMISSIONER COMMENTS AND REPORTS
Commissioner O'Keefe spoke about the variances considered at the last Commission
meeting, her subsequent visit to the site and her resulting questions to staff. She read
staff's written response to her questions into the record and spoke of the need to get
more information and that the information is submitted on time.
DIRECTOR'S REPORT
Community Development Director Warren Frace reviewed the agenda for the January
3, 2006 meeting, updated the Commission on guidelines for workshops, and spoke
about a project on Chico Road and Ferrocaril that may need a workshop. The City
Council minutes on the inclusionary housing study session will be out this week as part
of their agenda packet. A tourist assessment report was handed out to the Commission.
There was Commission discussion regarding affordable housing and condominium
conversions. Director Frace stated staff is working on a report regarding the conversion
of existing affordable rental units to an ownership type product.
ADJOURNMENT
Chairperson Porter adjourned the meeting at 7:52 p.m. to the next regularly scheduled
meeting of the Planning Commission on January 3, 2006.
PC Draft Minutes 12/06/05
Page 5 of 6
MEETING RECORDED AND MINUTES PREPARED BY:
Grace Pucci, Recording Secretary
PC Draft Minutes 12/06/05
Page 6 of 6
ITEM NUMBER: 2
DATE: 1-3-06
Atascadero Planning Commission
Staff Report - Community Development Department
Tree Removal Permit
TRP 2003-0042
(9365 Barranco Road/ Manea)
SUBJECT:
A request to remove three (3) native oak trees, one over 24 -inches in diameter, for the
development of a 2,444 square -foot Single -Family Residence located at 9365 Barranco
Road.
RECOMMENDATION:
Staff recommends:
The Planning Commission adopt Resolution PC 2006-0007 to approve the request to
remove three native oak trees subject to the guidelines and mitigation required by the
Atascadero Native Tree Ordinance.
SITUATION AND FACTS:
1. Applicant/Owner: Marius Manea, 734 Modesto Ave., South Lake Tahoe,
CA 96150
2. Certified Arborist: Brazeal's Tree Consulting, 4531 Skipjack Lane, Paso
Robles, CA 93466
3. Project Address: 9365 Barranco Road, Atascadero, CA 93422;
APN 054-311-058
BACKGROUND:
The applicant requests the removal of three (3) native Blue Oak trees for the
construction of a 2,444 square foot Single -Family Residence with an attached garage.
The proposed split level residence consists of a stepped foundation that contains
retaining walls and stem walls. According to the grading plan, the residence and
driveway improvements will require approximately 20 cubic yards of cut and 20 cubic
yards of fill.
1/28/2003 TRP 2003-0042 9365 Barranco.PC-SR
ITEM NUMBER: 2
DATE: 1-3-06
The site contains several Blue Oak and Live Oak trees on approximately 2.7 acres.
ANALYSIS:
The three (3) Blue Oaks proposed for removal are 26 -inches, 21 -inches, and 15 -inches
diameter at breast height (dbh). An additional six (6) native trees will be impacted by
the proposed development (Attachment 2, Arborist report).
Based on existing geographic constraints that include moderately steep slopes, tree
cover, and improved access easement location, the proposed residence and placement
of the leachfield appears practical in design and location for maximizing tree
preservation.
The City of Atascadero's Tree Ordinance requires that mitigation for native tree
removals be implemented as a condition of approval. Staff recommends that the
applicant pay into the native tree fund.
FINDINGS:
Pursuant to the Tree Ordinance (Ordinance No. 214), "decisions on native tree
removals of 24 -inch dbh-size or larger shall be made by the Planning Commission." In
considering any tree removal request, at least one of the findings must be made. Staff
has identified finding (v) as appropriate for the application request:
(v). The tree is obstructing proposed improvements that cannot be reasonably designed
to avoid the need for tree removal, as certified by a report from the Site Planner and
determined by the Community Development Department based on the following
factors:
• Early consultation with the City,
• Consideration of practical design alternatives;
• Provision of cost comparisons (from applicant) for practical design
alternatives;
• If saving tree eliminates all reasonable uses of the property; or
• If saving the tree requires the removal of more desirable trees.
CONCLUSION:
The applicant has submitted a Tree Protection Plan with an Arborist Report. The trees
have been determined to be obstructing proposed improvements according to the Site
Planner.
PREPARED BY: Lisa Wilkinson, Assistant Planner
1/28/2003 TRP 2003-0042 9365 Barranco.PC-SR
ITEM NUMBER: 2
DATE: 1-3-06
ATTACHMENTS:
Attachment 1: Aerial
Attachment 2: Arborist Report
Exhibit A: Draft Resolution PC 2006-0007
Exhibit B: Conditions of Approval/Tree Mitigation Table
Exhibit C: Tree Protection Plan
1/28/2003 TRP 2003-0042 9365 Barranco.PC-SR
Attachment 1
Aerial
F.,
,t
,-' 4, V�lk -
I
Iv
ITEM NUMBER: 2
DATE: 1-3-06
Project location
1/28/2003 TRP 2003-0042 9365 Barranco.PC-SR
Attachment 2
Arborist Report
SUMMARY
ITEM NUMBER: 2
DATE: 1-3-06
A total of nine native oak trees will be impacted by the development of this site. Three of
the nine trees are proposed for removal and the other six trees will be impacted to
different degrees by the site development. Recommended mitigation measures for the six
impacted trees to be retained are listed in the tree inventory section of this report.
SITE DESCRIPTION
The lot is located on a moderate hillside with many trees scattered throughout the site.
There is an open area adjacent to the street and is the designated location for the
residential site and the leech fields. Most of the trees in the area are blue oaks with a
mixture of a few California coast live oaks. All the trees on this site are healthy and
growing in a natural environment.
ASSIGNMENT
Prepare a report to address all trees impacted by the development of this single family
residence located at 9365 Barranco Road, Parcel 1, 23PM83, APN 054-311-058, at
Atascadero, California.
PURPOSE OF REPORT
This report is required by the City of Atascadero's Tree Regulation, Ordinance #350 for
the purpose of native tree protection and preservation.
LIMITS OF ASSIGNMENT
Any changes to the original report will be changed by addendum and may be subject to
additional charges.
DISCUSSION
This lot is typical for the area with native oak trees scattered throughout the site. The
large open area is designed for development. The chosen location will impact a total of
nine trees. Two trees (number 4 & 5) were added to the site plan and are recommended
for retention. The nine trees impacted by this proposed project are a small portion of the
trees existing on this property.
1/28/2003 TRP 2003-0042 9365 Barranco.PC-SR
Attachment 2
Arborist Report
ITEM NUMBER: 2
DATE: 1-3-06
CONCLUSIONS
Nine native oak trees will be impacted by the proposed development of this site.
2. Three of the nine trees are proposed for removal and the remaining six trees will
require tree protection.
The tree protection recommendations listed in this report will be adequate for the
protection of the six native trees impacted by this development.
RECOMMENDATIONS
To insure the health and longevity of the impacted trees on this site, follow
the guidelines of this report and the guidelines of the Atascadero Tree
Regulations, Ordinance #350.
2. Do not grub, grade or fill within any tree's dripline except where indicated on
the site grading and drainage plans.
3. Do not create any basins within any tree's dripline that will collect or hold
water, natural or domestic.
4. Install all tree protection before the commencement of any type of construction
activity.
Do not store any materials or park any equipment on this site prior to the tree
protection fencing installation.
6. Do not store any chemicals that are toxic to trees where it could spill or leech
into the existing tree's root zone areas.
Jack Brazeal
Registered Consulting Arborist, #377
1/28/2003 TRP 2003-0042 9365 Barranco.PC-SR
Attachment 3
Arborist Report
ITEM NUMBER:
DATE: 1-3-06
PROPOSED RESIDENCE SITE
9365 Barranco Road
Parcel 1, 23PM83, APN 054-311-058
Atascadero, California
1/28/2003 TRP 2003-0042 9365 Barranco.PC-SR
Attachment 2
Arborist Report
December 15, 2005
ITEM NUMBER: 2
DATE: 1-3-06
SITE PLAN
9365 Barranco Road
Parcel 1, 23PM83, APN 054-311-058
Atascadero, California
1/28/2003 TRP 2003-0042 9365 Barranco.PC-SR
Attachment 2
Arborist Report
December 15,2005
TREE PROTECTION PLAN
9365 BARRANCO ROAD
ATASCADERO, CALIFORNIA
ITEM NUMBER: 2
DATE: 1-3-06
2. 3. 4. 5. 6. 7. S. 9. 10. 11.
TREE TREE TREE TREE CONST. DRIPI.INE CONST. MITIGATION MONITG. PRUNING FIELD
N SPECIES D811 GOND. STATUS % IMPACT IMPACT PROPOSED REQED REQD. NOTES
1. B.O. 15/11" 7 Remove 100% xxx none nont none xxx
2. B.O. 15" 7 Rrmove 100% xxx none none none \\\
3. B.O. 12/9" 6 Remove 100% xxx 1111ne none none %\\
4.
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6
I111pneled
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Grading 1 RAV
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1111114,
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Grading I- It/\\
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6.
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6
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R
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251%.
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25%
L.eecg/Od I.
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nonr
111111r
- Tr- • N .h— m r*- 1 . C...Uu *,-.I 11'Pn G-fty, h -p wn. t—.
- I- if W (Carncrl lwr-) 0 - Irl*~ R.q--wft F—V, / ,G...W A. w . Runup
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1/28/2003 TRP 2003-0042 9365 Barranco.PC-SR
ITEM NUMBER: 2
DATE: 1-3-06
Exhibit A: Draft Resolution PC 2006-0007
Tree Removal - TRP 2003-0042
DRAFT RESOLUTION PC 2006-0007
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO APPROVING A TREE REMOVAL PERMIT
TO ALLOW THE REMOVAL OF THREE NATIVE OAK TREES
LOCATED AT 9365 BARRANCO.
(TRP 2003-0042/Manea)
WHEREAS, an application for a Tree Removal Permit has been received from, Marius
Manea, 734 Modesto Ave., South Lake Tahoe, CA 96150, to allow the removal of three native
oak trees located at 9365 Barranco Road.; and,
WHEREAS; the Planning Commission reviewed the proposed Tree Removal application
on January 3, 2006, at 7:00 p.m. in the Council Chambers of City Hall located at 6907 El
Camino Real and considered testimony and reports from staff, the applicants, and the public;
and,
NOW, THEREFORE, the Planning Commission takes the following actions:
SECTION 1. Findings for Approval of Tree Removal Permit. The Planning
Commission finds as follows:
The tree is obstructing proposed improvements that cannot be
reasonably designed to avoid the need for tree removal, as certified
by a report from the Site Planner and determined by the Community
Development Department based on the following factors:
a. Early consultation with the City;
b. Consideration of practical design alternatives;
c. Provision of cost comparisons (from applicant) for practical
design alternatives;
d. If saving tree eliminates all reasonable uses of the property;
or
e. If saving the tree requires the removal of more desirable
trees.
1/28/2003 TRP 2003-0042 9365 Barranco.PC-SR
ITEM NUMBER: 2
DATE: 1-3-06
On motion by Commissioner , and seconded by Commissioner the foregoing
resolution is hereby adopted in its entirety by the following roll call vote:
AYES: ( )
NOES: ( )
ABSENT: ( )
ABSTAIN: ( )
ADOPTED:
CITY OF ATASCADERO, CA
Greg Porter
Planning Commission Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
1/28/2003 TRP 2003-0042 9365 Barranco.PC-SR
ITEM NUMBER: 2
DATE: 1-3-06
Exhibit B: Tree Mitigation Table
Tree Removal - TRP 2003-0042
Conditions of Approval
Timing
Responsibility
TRP 2003-0042
/Monitoring
PR: Pnorto Removal
PS: Planning Services
BL: Business License
BS: Building Services
BP: Building Permit
FD: Fire Department
TO: Temporary Occupancy
PD: Police Department
F0: Final Occupancy
CE: City Engineer
WW: Wastewater
CA: City Attorney
Planning Services
1. The applicant shall pay into the tree fund as mitigation for the
PR/BP
PS
tree removal.
Tree Mitiaation Table 1
Evergreen Native Trees (inches) Deciduous Native Trees (inches)
dbh notes dbh notes
1 1 26 -inches Blue Oak
2 2 15 -inches Blue Oak
3 3 21 -inches Blue Oak
4 4
5 5
6 6
Total 0 -inches Total 62 -inches
Mitigation Requirement
Tree Fund Payment: $ Tree Fund Payment: $ 1,033.33
Totals
62 -inches
$ 1,033.33
1/28/2003 TRP 2003-0042 9365 Barranco.PC-SR
Exhibit C: Tree Protection Plan
Tree Removal - TRP 2003-0042
PT 151
SET GEAR SPIKE IN A.C.
ELEV = 500.00'
(R) E XI i
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b
ITEM NUMBER: 2
DATE: 1-3-06
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1/28/2003 TRP 2003-0042 9365 Barranco.PC-SR
ITEM NUMBER: 3
DATE: 1-3-06
Atascadero Planning Commission
Staff Report - Community Development Department
Tree Removal Permit
TRP 2005-0082
(3931 San Anselmo Road / Provost)
SUBJECT:
A request to remove two (2) native Live Oak trees for the development of a single
family residence.
RECOMMENDATION:
Staff recommends:
The Planning Commission adopt Resolution PC 2006-0008 to approve the request to
remove two (2) native oak trees subject to the guidelines and mitigation required by
the Atascadero Native Tree Ordinance.
Situation and Facts:
1. Applicant: Al Provost, 2215 Idyllwild Place, Arroyo Grande,
CA 93420
2. Owners: Al Provost, 2215 Idyllwild Place, Arroyo Grande,
CA 93420
Paula Freeman, 2716 La Purisima, Santa Maria,
CA 93455
Pete Curzi, 2210 Idyllwild PI., Arroyo Grande, CA
93420
3. Certified Arborist: Brazeal's Tree Consulting, 4531 Skipjack Lane,
Robles, CA 93446
4. Project Address: 3931 San Anselmo Road, Atascadero, CA 93422
APN: 049-033-048
ITEM NUMBER: 3
DATE: 1-3-06
BACKGROUND:
The applicant requests the removal of two (2) native oak trees for the construction of
a single-family residence on a vacant lot, located in Tract 2317 of Planned
Development #15.
The proposed residence contains approximately 2,369 square feet of living space
and a 506 square foot garage on a slab foundation. The proposed residence is split
level and contains a subterranean garage facing San Anselmo Road.
The residence and driveway improvements require 180 cubic yards of cut and 420
cubic yards of fill, with a total site disturbance of 6,000 square feet per the
Grading/Tree Removal Plan.
ANALYSIS:
According to the Arborist, both trees onsite are Coastal Live Oaks (Attachment 2,
Arborist Report); Tree #1 is an unstable multi -trunk tree calculated at 56 -inches and
tree #2 is 41 inches and completely dead. According to the Project Arborist, both
trees proposed for removal are determined to be unsafe in a residential setting
(Attachment 2, Arborist Report).
The City of Atascadero's Tree Ordinance requires that mitigation for native tree
removals be implemented as a condition of approval. Staff recommends that the
applicant pay into the native tree fund.
FINDINGS:
Pursuant to the Tree Ordinance (Ordinance No. 214), "decisions on native tree
removals of 24 -inch dbh-size or larger shall be made by the Planning Commission."
In considering any tree removal request, at least one of the findings must be made.
Staff has identified finding (i) (tree#2) and finding (v) (tree #1) as appropriate for the
application request:
(i) The tree is dead, diseased or injured beyond reclamation, as certified by a tree
condition report from an arborist; and
(v). The tree is obstructing proposed improvements that cannot be reasonably
designed to avoid the need for tree removal, as certified by a report from the Site
Planner and determined by the Community Development Department based on
the following factors:
• Early consultation with the City;
• Consideration of practical design alternatives;
ITEM NUMBER: 3
DATE: 1-3-06
• Provision of cost comparisons (from applicant) for practical design
alternatives;
• If saving tree eliminates all reasonable uses of the property; or
• If saving the tree requires the removal of more desirable trees.
CONCLUSION:
The applicant has submitted a Tree Protection/Removal Plan with an Arborist Report.
The trees have been determined to be obstructing proposed improvements and
dead/diseased according to the Arborist.
PREPARED BY: Lisa Wilkinson, Assistant Planner
ATTACHMENTS:
Attachment 1: Aerial Photo
Attachment 2: Arborist Report
Attachment 3: Draft Resolution PC 2006-0008
Exhibit A: Conditions of Approval
Exhibit B: Tree Removal Plan
ITEM NUMBER: 3
DATE: 1-3-06
Attachment 1: Aerial Photo
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Project Site\.
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ITEM NUMBER: 3
DATE: 1-3-06
Attachment 2: Arborist Report
Pg 02 November 1, 2005
ASSIGNMENT:
Prepare an arborist report that will include the existing trees located on this site, the tree
size, condition and the potential impacts with recommended mitigation.
Limits of Assignment:
The limits of this report is to prepare an arborist report as indicated above and does not
include additional site visits or report revisions.
Purpose of Report:
The purpose of this report is to insure that tree protection measures are included in the
development plans of this site as required by the Atascadero's native tree protection
ordinance.
Observation:
This site is located on the corner of San Anselmo and Seperado Ave. in Atascadero,
California.
The lot has no vegetation except for the two existing trees.
Tree # 1 is a multi -trunk (3) tree. Two of the trunks are leaning heavy over the adjacent
property and the other trunk will be interfering with construction of the proposed
residence.
The structural roots of this tree have deteriorated to a point that is unsafe for a residential
setting.
This lot is not level and slopes from the tree locations down to the street
One large oak tree is dead and removal is recommended.
Attachment 2: Arborist Report
Pg 03
Tree Inventory:
ITEM NUMBER: 3
DATE: 1-3-06
November 1, 2005
1. Tree number one is a coastal live oak (Quercus agrifolia) multi -trunk (3) tree. The
diameters are 17", 18" & 21" diameters for a total diameter of 56 inches..
This tree looks healthy but has an unstable root system. Some of the major structural and
supporting roots have died and have made this tree unsafe for a residential setting.
Mitigation for this tree is as follows:
Removal is recommended.
2. Tree number two is a 41" diameter coastal live oak tree.
This tree is completely dead and removal is recommended.
Conclusions:
The two trees listed in this report have been determined to be unsafe in a residential
setting and removal for both trees is recommended.
Jack Brazeal, WCISA-0163
Supporting Information:
Pictures (3)
Site Plan (2)
ITEM NUMBER: 3
DATE: 1-3-06
Attachment 2: Arborist Report
Subject Trees # 1
This tree has an unstable root system
NE Corner of San Anselmo Ave.& Seperado Ave
Lot 10, Tract 2317
Atascadero, California
ITEM NUMBER: 3
DATE: 1-3-06
Attachment 2: Arborist Report
Pp 07 r November 1, 2005
a
Subject Dead Tree #W 2
This tree is to be Removed
NE Corner of San Anselmo Ave.& Seperado Ave
Lot 10, Tract 2317
Atascadero, California
ITEM NUMBER: 3
DATE: 1-3-06
Attachment 2: Arborist Report
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ITEM NUMBER: 3
DATE: 1-3-06
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ITEM NUMBER: 3
DATE: 1-3-06
Attachment 3: Draft Resolution PC 2006-0008
DRAFT RESOLUTION PC 2006-0008
A RESOLUTION OF THE PLANNING COMMISSION
OF ATASCADERO APPROVING A TREE REMOVAL PERMIT
TO ALLOW THE REMOVAL OF TWO NATIVE TREES
LOCATED AT 3931 SAN ANSELMO ROAD
(TRP 2005-0082)
WHEREAS, an application for a Tree Removal Permit has been received from Al
Provost, 2215 Idyllwild Place, Arroyo Grande, CA 93420, Paula Freeman, 2716 La Purisima,
Santa Maria, CA 93455, and Pete Curzi, 2210 Idyllwild Pl., Arroyo Grande, CA 93420 to
allow the removal of two native oak trees located at 3931 San Anselmo Road; and,
WHEREAS; the Planning Commission reviewed the proposed Tree Removal
application on January 3, 2006, and considered testimony and reports from staff, the
applicants, and the public; and,
NOW, THEREFORE, the Planning Commission takes the following actions:
SECTION 1. Findings for Approval of Tree Removal Permit. The Planning
Commission finds as follows:
The tree is dead, diseased or injured beyond reclamation, as certified by a tree
condition report from an arborist; and
The tree is obstructing proposed improvements that cannot be reasonably designed to
avoid the need for tree removal, as certified by a report from the Site Planner and
determined by the Community Development Department based on the following
factors:
• Early consultation with the City;
• Consideration of practical design alternatives;
• Provision of cost comparisons (from applicant) for practical design
alternatives;
• If saving tree eliminates all reasonable uses of the property; or
• If saving the tree requires the removal of more desirable trees; and,
SECTION 2. Approval. The Planning Commission hereby approves Tree Removal
Permit 2005-0082 subject to the following Conditions and Exhibits:
Exhibit A: Conditions of Approval
ITEM NUMBER: 3
DATE: 1-3-06
Exhibit B: Tree Removal 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: ( )
ABSENT: ( )
ABSTAIN: ( )
ADOPTED:
CITY OF ATASCADERO, CA
Greg Porter
Planning Commission Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
\\Cityhall\cdvlpmnt\- TRP - Tree Removal Permits\TRP 05\TRP 2005-0082 San Anselmo\TRP 2005-0082.PC-SR.doc
ITEM NUMBER:
DATE: 1-3-06
Exhibit A: Conditions of Approval
Tree Removal - TRP 2005-0082
Conditions of Approval
Timing
Responsibility
TRP 2005-0082
/Monitoring
PR: dorm Removal
PS: Planning Services
BL: Business License
BS: Building Services
BP: Building Permit
FD: Fire Deparhent
TO: Temporary Occupancy
PD: Police Department
F0: Final Occupancy
CE: City Engineer
WW: Wastewater
CA: City Attorney
Planning Services
1. The applicant shall mitigate the removal or impact of the
PR
PS
trees in accordance with the requirements of the
Atascadero Native Tree Ordinance.
Exhibit A continued: Conditions of Approval
Tree Removal - TRP 2005-0082
Evergreen Native Trees (inches)
Mitigation Requirement
Tree Fund Payment: $ 808.33
Deciduous Native Trees (inches)
dbh notes
1
2
3
4
5
6
Total 0 -inches
Tree Fund Payment: $
ITEM NUMBER: 3
DATE: 1-3-06
Totals
97 -inches
$ 808.33
dbh notes
1
56 -inches
2
41 -inches
3
4
5
6
7
8
9
10
11
12
13
14
15
Deposit
Total
97 -inches
Mitigation Requirement
Tree Fund Payment: $ 808.33
Deciduous Native Trees (inches)
dbh notes
1
2
3
4
5
6
Total 0 -inches
Tree Fund Payment: $
ITEM NUMBER: 3
DATE: 1-3-06
Totals
97 -inches
$ 808.33
ITEM NUMBER:
DATE: 1-3-06
Exhibit B: Tree Removal Plan
Tree Removal - TRP 2005-0082
ITEM NUMBER:
0
DATE: 1-3-06
Atascadero Planning Commission
Staff Report - Community Development Department
Variance 2005-0008
Front Yard Setback: EI Retiro / Linda Vista
(Gearhart)
SUBJECT:
The proposed project consists of a request for a Variance to reduce the required
25 -foot front yard setback to a minimum of 5 -feet for the construction of a single-
family residence.
RECOMMENDATION:
Staff Recommends:
1. Adopt Resolution PC 2005-0095 approving Variance 2005-0006 based on
findings and subject to conditions.
2. Adopt Resolution PC 2005-0096 approving Variance 2005-0007 based on
findings and subject to conditions.
3. Adopt Resolution PC 2005-0097 approving Variance 2005-0008 based on
findings and subject to conditions.
Situation and Facts:
1. Applicant / Representative: Kelly Gearhart, 6205 Alcantara Avenue, Atascadero,
CA 93422
2. Project Locations: Barrenda Avenue, Atascadero, CA 93422
(San Luis Obispo County) APN 028-332-027
Rosario Avenue, Atascadero, CA 93422
(San Luis Obispo County) APN 028-331-006, 028-
332-001
EI Retiro Avenue, Atascadero, CA 93422
(San Luis Obispo County) APN 031-112-004
3. General Plan Designation: Residential Single -Family -Y
4. Zoning District:
5. Existing Use:
6. Environmental Status
DISCUSSION:
Project Definition
Residential Single -Family -Y
Vacant
Proposed Mitigated Negative Declarations
The proposed project consists of a request to reduce the required 25 -foot front yard
setback requirement to 5.65 -feet. The applicant is proposing to construct a 3 -story
house above a two car garage at the intersection of EI Retiro and Linda Vista.
Background
On November 15, 2005, the Planning Commission reviewed the request for a
reduced setback on a single-family property off of EI Retiro. The Planning
Commission requested additional information related to alternative options for the
development of the site including the following:
1. Abandonment of Linda Vista Road;
2. Development of the property (and access) from Alta Vista Road; and
3. Increasing the front setback from that requested.
ANALYSIS
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Option #1: Abandonment of Linda Vista Road
Staff has researched the option of abandoning Linda Vista Road. Staff is
recommending that this option not be pursued for the following reasons:
a) Linda Vista Road currently serves and is used by a number of existing
residences as a means of ingress and egress.
b) Linda Vista Road provides an important secondary route for existing and
proposed area residences in case of emergency.
c) Linda Vista Road currently provides underground utility services to existing
and future area residents.
d) Linda Vista Road provides multiple routes of travel so that area traffic is
distributed more effectively and efficiently throughout neighborhoods.
Option #2: Development of the property (and access) from Alta Vista Road
The applicant has reviewed the option of accessing a residence from Alta Vista and
constructing a house on a down slope. Constructing the residence from Alta Vista
would require a large stem wall comparable in size to the proposed retaining wall
(approximately 18 -feet in height). The residence would similarly require a front
setback reduction to minimize site disturbance and reduce the size of the stem wall.
Option #3: Increasing the front setback from that requested.
The applicant analyzed increasing the front setback off of Linda Vista. According to
the applicant's engineer, increasing the front setback would increase the slope of the
driveway based on the topography and height of the retaining walls. The driveway
as currently proposed is at the maximum allowed slope of 20%. Driveway slopes are
not permitted greater than 20%.
Proposed Project: 5.65 front setback with road improvements and realignment of
Linda Vista Rd.
The applicant is proposing to construct a three-story house 5.65 -feet from the front
property line. To ensure that adequate space is provided between the edge of the
pavement and the front of the garage, the applicant is proposing to offset Linda Vista
so that a majority of the paved improvements lie away from the proposed residence
and so that the road is in closer alignment with EI Retiro at the intersection.
Under this proposed scenario, 28- to 38 -feet will be maintained between the edge of
pavement for Linda Vista and the proposed garage and residence. The City of
Atascadero Municipal Code requires a minimum length of 18 -feet for parking
spaces. Based on this analysis, the proposed site plan and road improvements will
allow for 2 cars to be parked in the driveway.
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Tree Removals
As proposed, the applicant is requesting the removal of 3 native oak trees as shown
in the following chart. All removals will be mitigated per the requirements of the
Atascadero Native Tree Ordinance.
Evergreen Native Trees (inches)
Mitigation Requirement
Tree Fund Payment: $
Frontage Improvements
Deciduous Native Trees (inches)
dbh notes
1
2
3
4
5
6
Total 0 -inches
325.00 Tree Fund Payment: $
Totals
39 -inches
$ 325.00
The applicant is conditioned to construct frontage improvements as shown on the
proposed plans (Condition 8).
Findings:
Variance
In order to approve an exception to the Development Standards contained in the
Zoning Ordinance, the Planning Commission must make the following findings:
1. The Variance does not constitute a grant of special privileges inconsistent
with the limitations upon other properties in the vicinity and zoning district
in which such property is situated; and,
Staff Comment: The project site is sloped and contains native trees. The
zoning ordinance allows for a sloping lot setback adjustment to 5 -feet for
sites with more than 7 -foot rise measured 50 -feet from the centerline of
the street with the approval of an AUP. The proposed building sites
present a similar situation however the applicant is requesting that the
required front setback be reduced for the residential portion of the house.
The Variance to reduce the front setback Variance will preserve native
trees and reduce on-site grading.
2. There are special circumstances applicable to the property, including size,
shape, topography, location, or surroundings, and because of these
circumstances, the application of this title would deprive the property of
dbh notes
1
14 -inches
2
18 -inches
3
7 -inches
4
5
6
Total
39 -inches
Mitigation Requirement
Tree Fund Payment: $
Frontage Improvements
Deciduous Native Trees (inches)
dbh notes
1
2
3
4
5
6
Total 0 -inches
325.00 Tree Fund Payment: $
Totals
39 -inches
$ 325.00
The applicant is conditioned to construct frontage improvements as shown on the
proposed plans (Condition 8).
Findings:
Variance
In order to approve an exception to the Development Standards contained in the
Zoning Ordinance, the Planning Commission must make the following findings:
1. The Variance does not constitute a grant of special privileges inconsistent
with the limitations upon other properties in the vicinity and zoning district
in which such property is situated; and,
Staff Comment: The project site is sloped and contains native trees. The
zoning ordinance allows for a sloping lot setback adjustment to 5 -feet for
sites with more than 7 -foot rise measured 50 -feet from the centerline of
the street with the approval of an AUP. The proposed building sites
present a similar situation however the applicant is requesting that the
required front setback be reduced for the residential portion of the house.
The Variance to reduce the front setback Variance will preserve native
trees and reduce on-site grading.
2. There are special circumstances applicable to the property, including size,
shape, topography, location, or surroundings, and because of these
circumstances, the application of this title would deprive the property of
privileges enjoyed by other property in the vicinity and in the same zoning
district; and,
Staff Comment: Due to the site slopes and native oak trees, the proposed
Variance appears to be superior to an alternative building site that would
significantly impact the site in terms of hillside grading and native tree
impacts.
3. The Variance does not authorize a use which is not otherwise authorized
in the zoning district; and
Staff Comment: A single-family home is allowed use on the subject site.
4. The granting of such Variance does not, under the circumstances and
conditions applied in the particular case, adversely affect the health or
safety of persons, is not materially detrimental to the public welfare, nor
injurious to nearby property or improvements.
Staff Comment: Staff has reviewed the proposed building location. The
proposed residence will have adequate sight distance to exit onto Linda
Vista Rd.
Tree Removals
Pursuant to the Tree Ordinance (Ordinance No. 214), "decisions on native tree
removals of 24 -inch dbh-size or larger shall be made by the Planning Commission."
In considering any tree removal request, at least one of the following findings must
be made:
1) The tree is dead, diseased or injured beyond reclamation, as certified by a
tree condition report from an Arborist,
2) The tree is crowded by other healthier native trees, thinning (removal)
would promote healthier growth in the trees to remain, as certified by a
tree condition report from an Arborist,-
3)
rborist;3) The tree is interfering with existing utilities and/or structures, as certified
by a report from the Site Planner,-
4)
lanner,4) The tree is inhibiting sunlight needed for existing and/or proposed active
or passive solar heating or cooling, as certified by a report from the Site
Planner,-
5)
lanner,5) The tree is obstructing proposed improvements that cannot be reasonably
designed to avoid the need for tree removal, as certified by a report from
the Site Planner and determined by the Community Development
Department based on the following factors:
• Early consultation with the City;
• Consideration of practical design alternatives;
• Provision of cost comparisons (from applicant) for practical design
alternatives;
• If saving tree eliminates all reasonable uses of the property; or
• If saving the tree requires the removal of more desirable trees.
Based on staff's analysis in the preceding sections, it appears that all of the required
findings for approval of the requested Variances and tree removals can be met.
CONCLUSION:
The proposed project is consistent with the General Plan and Atascadero Municipal
Code, including the Native Tree Ordinance, as analyzed within this staff report. It is
staff's opinion that the proposed projects allow 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 parcel would retain its
designation of Single -Family Residential - Y. The Commission should specify
the reasons for denial of the project and make an associated finding with such
action.
PREPARED BY: Kelly Gleason, Associate Planner
ATTACHMENTS:
Attachment 1: Location Map, Zoning and General Plan
Attachment 2: Proposed Mitigated Negative Declaration
Attachment 3: Draft Resolution 2005-0097
Attachment 1: Location Map, General Plan and Zoning
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r
I
General Plan Desi ation:
-General Plan: Single Family
Residential - Y
Zoning Designation:
-Zoning District: Residential Single -
Family — Y
Attachment 2: Proposed Mitigated Negative Declaration (EI Retiro)
See Following
ATTACHMENT 3: Draft Resolution PC 2005-0097
Variance
DRAFT RESOLUTION PC 2005-0097
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA, CERTIFYING
PROPOSED MITIGATED NEGATIVE DECLARATION 2005-0055 AND
APPROVING VARIANCE 2005-0008, ALLOWING A REDUCTION IN
FRONT YARD SETBACK ON APN 031-112-004
(El Retiro / Gearhart)
WHEREAS, an application has been received from Kelly Gearhart, 6205 Alcantara
Avenue, Atascadero, CA 93422), applicant and property owner, to consider a project
consisting of a Variance to allow encroachment into the front yard setback on APN 031-112-
004; and,
WHEREAS, the site's General Plan Designation is SFR -Y (Single -Family
Residential -Y); and,
WHEREAS, the site's current Zoning District is RSF-Y (Residential Single -Family -
Y); and
WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2005-
0055 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 was held by the Planning
Commission of the City of Atascadero at which hearing evidence, oral and documentary, was
admitted on behalf of said Variance; and,
WHEREAS, the Planning Commission of the City of Atascadero held a public
hearing on January 3, 2006 following the close of the review period to consider the Initial
Study and Proposed Mitigated Negative Declaration; and,
NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Certification of Proposed Mitigated Negative Declaration 2005-
0055
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,
The project does not have the potential to degrade the environment when
mitigation measures are incorporated into the project.
4. The project will not achieve short-term to the disadvantage of long-term
environmental goals.
The project does not have impacts which are individually limited, but
cumulatively considerable.
6. The project will not cause substantial adverse effects on human beings either
directly or indirectly.
SECTION 2. Findings for approval of Tree Removal. The Planning Commission
finds as follows:
The tree is obstructing proposed improvements that cannot be reasonably designed to
avoid the need for tree removal, as certified by a report from the Site Planner and
determined by the Community Development Department based on the following
factors:
• Early consultation with the City;
• Consideration of practical design alternatives;
• Provision of cost comparisons (from applicant) for practical design
alternatives;
• If saving tree eliminates all reasonable uses of the property; or
• If saving the tree requires the removal of more desirable trees.
SECTION 3. Findings for approval of Variance. The Planning Commission finds
as follows:
1. The Variance authorized does not constitute a grant of special privileges
inconsistent with the limitations upon other properties in the vicinity and zoning
district in which such property is situated: and
2. There are special circumstances applicable to the property, including size, and
shape of the lot, and the existence of three large native trees, and because of these
circumstances, the application of this title would deprive the property of
privileges enjoyed by other property in the vicinity and in the same zoning
district; and
3. The Variance does not authorize a use which is not otherwise authorized in the
zoning district; and
4. The granting of such Variance does not, under the circumstances and conditions
applied in the particular case, adversely affect the health or safety of persons, is
not materially detrimental to the public welfare, nor injurious to nearby property
or improvements.
SECTION 4. Approval. The Planning Commission of the City of Atascadero, in a
regular session assembled on January 3, 2006, resolved to approve Variance 2005-0008
consistent with the following:
EXHIBIT A: Site Plan
EXHIBIT B: Conditions of Approval
EXHIBIT C: Tree removal Chart
On motion by Commissioner , and seconded by Commissioner the
foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES: ( )
NOES: ( )
ABSENT: ( )
ABSTAIN: ( )
ADOPTED:
CITY OF ATASCADERO, CA
Greg Porter
Planning Commission Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
EXHIBIT A: Site Plan
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EXHIBIT B: Conditions of Approval - VAR 2005-0008
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business
BS: Building Services
EI Retiro Variance
License
FD: Fire Department
VAR -2005-0008
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 Variance shall become final and effective
BP
PS
following Planning Commission approval.
2. Approval of this Variance shall be valid for twelve (12) months after its
BP
PS
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.
3. 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 Variance.
4. All subsequent construction permits shall be consistent with the Site
BPM
PS, CE
Plan (Exhibit A) contained herein.
5. All recommendations of the project arborist / tree preservation report
BP
PS
shall be strictly adhered to.
6. All native tree removals shall be mitigated for consistent with the
BP
PS
requirements of the Atascadero Native Tree Ordinance.
7. Grading and Drainage Plans shall be required to be submitted with
BP
CE
any subsequent building permit application. Grading and Drainage
plans shall be reviewed and approved bathe City Engineer. Approval
of this Variance application shall not preclude the requirements of the
Atascadero Municipal Code or Engineer Standards for on-site grading
and drainage.
8. The developer shall be required to construct Linda Vista Rd as shown
BP
CE
in EXHIBIT A.
\\Cityhall\cdvlpmnt\- VAR - Variance\VAR 05\VAR 2005-0008 El RetiroWeeting 2\VAR 2005-0008.PC-SR.meeting 2.doc
EXHIBIT C: Tree Removal Chart
Evergreen Native Trees (inches) Deciduous Native Trees (inches)
Mitigation Requirement
Tree Fund Payment: $ 325.00 Tree Fund Payment: $
Totals
39 -inches
$ 325.00
dbh notes
dbh notes
1
14 -inches
1
2
18 -inches
2
3
7 -inches
3
4
4
5
5
6
6
Total
39 -inches
Total 0 -inches
Mitigation Requirement
Tree Fund Payment: $ 325.00 Tree Fund Payment: $
Totals
39 -inches
$ 325.00
ITEM NUMBER: 5
DATE: 1-3-n6
Atascadero Planning Commission
Staff Report - Community Development Department
Navajoa Avenue Planned Development
ZCH 2004-0092/CUP 2004-0139/TTM 2004-0060
(Tanner / Fragione)
RECOMMENDATIONS:
Staff Recommends Planning Commission:
1. Adopt Resolution PC 2006-0009 recommending that the City Council certify
Proposed Mitigated Negative Declaration 2005-0058; and,
2. Adopt Resolution PC 2006-0010 recommending that the City Council introduce an
ordinance for first reading by title only, to approve Zone Change 2005-0092 based
on findings; and,
3. Adopt Resolution PC 2006-0011 recommending that the City Council approve
Conditional Use Permit 2004-0139 (Master Plan of Development) based on findings
and subject to Conditions of Approval and Mitigation Monitoring; and,
4. Adopt Resolution PC 2006-0012 recommending that the City Council approve
Vesting Tentative Tract Map 2004-0060 based on findings and subject to Conditions
of Approval and Mitigation Monitoring.
ITEM NUMBER: 5
DATE: 1-4-nR
REPORT -IN -BRIEF:
The proposed project consists of a Zone Map Amendment to establish a PD -25 Overlay
Zone over the subject site with a corresponding Master Plan of Development (CUP) and
vesting Tentative Tract Map that would allow a 5 -unit detached residential Planned
Development under the requirements of the PD -25 Overlay Zone.
DISCUSSION:
Situation and Facts:
1. Applicant / Representative: Kinsey H. Tanner, Jr.
5290 Barrenda Ave
Atascadero, CA 93422
Shawn Fragione
7790 Aragon Rd.
Atascadero, CA 93422
2. Project Address: 7705, 7735 Navajoa Ave (APN 031-183-031, 032) (San Luis
Obispo County).
3. General Plan Designation: MDR (Medium Density Residential)
4. Zoning District: RMF -10 (Residential Multi -family - 10)
5. Site Area: 0.55 acres
6. Existing Use: 2 residential units
7. Environmental Status: Proposed Mitigated Negative Declaration 2005-0058
ITEM NUMBER: 5
DATE: i -3-06
Background
Surrounding Land Use and Setting:
North: Residential Multi -Family East: Commercial Professional
South: Residential Multi-Family/PD-7 West: Residential Multi -Family
The project site is within the Medium Density Residential General Plan Land Use
Designation and is zoned Residential Multi -Family -10, which allows a maximum density
of 10 units per acre. The properties along Navajoa Ave consist of existing single-family
residences and multi -family developments.
ANALYSIS:
The proposed site plan has been designed to meet the requirements of the Atascadero
Municipal Code and the appearance review requirements of the General Plan. Five
new residences are proposed on site. The units are approximately 1,500 square feet
each with a 500 square -foot two car garage. Additional guest parking is provided in the
center of the site.
As a Planned Development, the Planning Commission must find that the project
provides high quality architectural, landscape, and site design to warrant the granting of
special development standards.
ITEM NUMBER: 5
DATE: 1-3-nR
Appearance Review
Site Plan. Circulation. and Parkin
The project is designed around a central parking court and includes the following site
design elements:
• Open space feature at the terminus of the parking court with accent landscaping.
• Decorative paving (stained concrete for main court, brick accents for individual
driveways and pathways)
• Shade trees along the parking court.
Based on the PD -25 Overlay Zone Standards, the proposed project exceeds parking
requirements by one guest space. Curb, gutter, and sidewalk are provided along
Navajoa Ave.
Architecture, Materials, and Color
The project has been designed with Craftsman style architecture. Minor conditions of
approval have been included regarding the exterior material finish (architectural grade
garage doors, eave bracketing, etc.) (Conditions CUP 6).
The buildings located along the Navajoa Ave. frontage are oriented to the street and
include wrap around porches that extend along the shared court. The following design
features have been incorporated into the project, compatible with the surrounding
neighborhood and in compliance with the standards for a Planned Development:
■ Stylized trellis features
■ Covered porches
■ Variety of materials
■ Stylized columns
■ Wood porch railings
■ Bracketed eaves
■ Exposed rafter tails
■ Decorative gable elements over entrances
Landscape Design
The preliminary landscape plan has been designed to include enhanced landscaping
along Navajoa Ave. and accentuate site design features such as the open space
amenity area and the parking court streetscape. Proposed landscaping includes drought
tolerant shrubs and accent plants, with a combination of evergreen and deciduous trees
placed throughout the site. In staff's opinion, the proposed landscape plan and palette,
as conditioned, meets the Planned Development appearance review requirements.
ITEM NUMBER: 5
DATE: 1_3_nR
Site Drainage
Historically, the site drains to the north east corner of the project site. The project is
designed to maintain historic flow to the rear of the site and will be detained in a
detention basin incorporated into the open space area. These facilities will detain the
flow of up to a 50 -year event and release it at a post construction historic rate. There will
be no increase in the volume of flow downstream.
\/\/acta\niatar
Sanitary sewer will be connected to existing sewer facilities in Navajoa Ave. The
Wastewater Treatment Plant and the City collection system have sufficient capacity to
handle the new flow.
Fiscal Impact
Based on findings from the Taussig Study, revenue from new residential development
including property tax revenues; vehicle licensing fees, sales taxes, and other revenues
are insufficient to cover the maintenance and emergency services costs of new
development. Based on the revenue projections from the Taussig Study, the City has
developed standard conditions of approval for new development projects that require
the cost of maintenance and emergency services to be funded by the project through a
combination of road assessment districts, landscape and lighting districts and
community facilities districts (Conditions CUP 16 and 17/ TTM 8 and 9).
Inclusionary and Workforce Housing
The City Council has implemented an interim Inclusionary Affordable Housing Program
to include a fixed percentage of units within residential developments that require a
legislative approval to be reserved as deed restricted affordable units. This interim
program requires that the proposed project provide 1 affordable unit deed restricted at
the moderate income rate or pay an in -lieu fee based on the valuation of all units. A
condition of approval has been added to ensure that this requirement is met (Condition
CUP 13, 14/TTM 11, 12).
Project Benefits
One of the required findings for approval of a Planned Development Rezone is that the
project must "offer certain redeeming features to compensate for the requested
modification." The table shown below outlines the Council policy on Planned
Development benefits. In order to approve this project, the Planning Commission must
find that the project offers all of the tier 1 benefits to qualify for a Planned Development
project.
ITEM NUMBER: 5
DATE: 1-3-n6
PD Location
Tier 1 Benefits
Tier 2 Benefits
Inside of Urban Core
a) Affordable / Workforce Housing
a) Pocket Parks in larger projects
b) High Quality Architectural Design
b) Trails / Walkways for Pedestrian
Custom PD's
c) High Quality Landscape Design
Connectivity
d) Buffering between Urban and
c) Historic Preservation
Suburban zones (large lot sizes,
increased setbacks, landscape
buffers, etc.)
e) Higher density to meet Housing
Element goals
Tentative Tract Map
A 5 -lot Vesting Tentative Tract Map (TTM 2004-0060) is proposed as part of the project
consistent with the proposed Master Plan of Development and proposed PD -25 Overlay
Zone. The Tract Map has been conditioned by staff and the City Engineer to meet all
City standards including on- and off-site street improvements. The applicant will be
required to record CC&R's with the map that will include maintenance and access of
common areas (Condition CUP 18/TTM 10).
General Plan Consistency
The proposed project is consistent with the following General Plan Land Use and
Housing Element Policies:
Land Use Policy 1.1: "Preserve the rural atmosphere of the community and assure
"elbow room" in areas designed for lower density development by guiding new
development into the Urban Core to conform to the historic Colony land use patterns of
the City and to respect the natural environment, hillside area and existing
neighborhoods".
Land Use Program 1.1.7: "Within the Urban Core encourage infill development or
revitalization or reuse of land already committed to urban development where utilities
and public services exist.
Land Use Policy 2.1: "Ensure that new development is compatible with existing and
surrounding neighborhoods".
In staff's opinion the proposed project is consistent with the goals and policies of the
Land Use Element and the Housing Element. The project will provide 5 detached
single-family residential units within the medium -density residential zone. As
conditioned, the project incorporates elements that are consistent with the scale and
character of the surrounding residential neighborhood.
ITEM NUMBER: 5
DATE: 1_3_n6
Findings
Planned Development Overlay
As specified in the City's General Plan and Zoning Ordinance, the following specific
findings for the proposed Zone Change shall be made in order to approve the proposed
project:
1. The proposed Zone Change is in conformance with the adopted General Plan
Goals, Policies, and Programs and the overall intent of the General Plan.
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 DeveloDment
A Master Plan of Development is required for the Planned Development in the form of a
Conditional Use Permit. The proposed Master Plan of Development sets development
standards related to architectural design, site design, landscape, signage, and specific
development standards required by the zoning ordinance. The Planning Commission
must make the following five findings to recommend approval of the proposed Master
Plan of Development:
1. The proposed project or use is consistent with the General Plan and the City's
Appearance Review Manual.
Staff Comment: The use is consistent with the General Commercial designation of
the General Plan and General Plan Land Use Element Policy 1.1, 1.1.7, 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 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.
ITEM NUMBER: 5
DATE: 1_3_n6
Staff Comment: The proposed residential development will not be detrimental to the
general public or working persons health, safety, or welfare.
4. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development.
Staff Comment: The proposed project is compatible with the surrounding
neighborhood by providing a higher density residential development that is designed
to enhance the appearance along Navajoa Avenue with compatible architecture and
landscaping.
5. That the proposed use or project will not generate a volume of traffic beyond the
safe capacity of all roads providing access to the project, either existing or to be
improved in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
Staff Comment: The proposed project and use is consistent with the traffic
projections and road improvements anticipated within the General Plan and as
proposed by the applicant.
Proposed Environmental Determination
A Draft Mitigated Negative Declaration was circulated to public agencies and interested
members of the public on November 7, 2005. The Environmental Analysis identified
concerns regarding potential impacts to aesthetics, land use and planning, noise, and
traffic. Mitigation measures pertaining to these resources are included. A finding is
proposed that this project would not have a significant effect on the environment based
upon the implementation of the identified mitigation measures.
Conclusion
In staff's opinion, developing the property with a detached single-family project is
consistent with the General Plan and compatible with the surrounding neighborhood.
The project incorporates appearance review of architectural design, materials, and
landscaping, and incorporates architectural themes into the site and building design, as
conditioned. As analyzed within the project Initial Study and Draft Mitigated Negative
Declaration, the proposed Master Plan of Development would have no significant
environmental impacts and will not be detrimental to the general public or working
persons health, safety, or welfare. Based on staff's analysis in the preceding sections, it
appears that all of the required findings for project approval can be made.
ITEM NUMBER: 5
DATE: i -3 -ng
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 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 recommend the City Council deny the project. The parcel
would retain its designation of Residential Multi -family. The Commission should
specify the reasons for denial of the project and recommend an associated
finding with such action.
PREPARED BY: Kelly Gleason, Associate Planner
ATTACHMENTS:
Attachment 1:
Location, General Plan, and Zoning Map
Attachment 2:
Proposed Mitigated Negative Declaration and Initial Study
Attachment 3:
Draft Resolution 2006-0009
Attachment 4:
Draft Resolution 2006-0010
Attachment 5:
Draft Resolution 2006-0011
Attachment 6:
Draft Resolution 2006-0012
ITEM NUMBER
DATE: 1-3-06
Attachment 1: Location Map, General Plan and Zoning
Current General plan Designation: Medium Density
Residential
Current Zoning District: Residential Multi -Family - 10
Proposed General Plan Designation: Medium Density
Residential
Proposed Zoning District: Residential Multi -Family — 10
/ Planned Development Overlay 25
ITEM NUMBER
DATE: 1-3-06
Attachment 2: Proposed Mitigated Negative Declaration and Initial Study
See Following
ITEM NUMBER
DATE: 1-3-06
ATTACHMENT 3: Draft Resolution PC 2006-0009
Certification of Draft Mitigated Negative Declaration
DRAFT RESOLUTION PC 2006-0009
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL CERTIFY PROPOSED MITIGATED
NEGATIVE DECLARATION 2005-0058 PREPARED FOR ZONE
CHANGE 2004-0092, TENTATIVE TRACT MAP 2004-0060, AND
CONDITIONAL USE PERMIT 2004-0139
ON APN 031-183-0319 032
(Navajoa Ave/Tanner, Fragione)
WHEREAS, an application has been received from Kinsey H. Tanner, Jr. (5290
Barrenda Ave, Atascadero, CA 93422) and Shawn Fragione (7790 Aragon Rd., Atascadero, CA
93422) Applicants and Property Owners, to consider a project consisting of a Zone Change from
RMF -10 (Residential Multi -family - 10) to RMF-10/PD-25 (Residential Multi -Family -10 with
Planned Development Overlay #25) with a corresponding Master Plan of Development and
Vesting Tentative Tract Map on a 0.55 -acre site located at 7705 and 7735 Navajoa Ave (APN
031-183-031, 032); and,
WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2005-0058
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 January 3, 2005 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
2005-0058 based on the following Findings, and as shown in Exhibit A:
1. The Proposed Mitigated Negative Declaration has been completed in compliance with
CEQA; and,
ITEM NUMBER: 5
DATE: i _,%_na
2. The Proposed Mitigated Negative Declaration was presented to the Planning
Commission, and the information contained therein was considered by the Planning
Commission, prior to recommending action on the project for which it was prepared; and,
3. The project does not have the potential to degrade the environment when mitigation
measures are incorporated into the project; and,
4. The project will not achieve short-term to the disadvantage of long-term environmental
goals; and,
5. The project does not have impacts which are individually limited, but cumulatively
considerable; and,
6. The project will not cause substantial adverse effects on human beings either directly or
indirectly; and,
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by
the Planning Commission Secretary to the City Council of the City of Atascadero.
ITEM NUMBER: 5
DATE: 1-3-06
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
Greg Porter
Planning Commission Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
ITEM NUMBER
DATE: 1-3-06
Exhibit A Proposed Mitigated Negative Declaration 2005-0058
See Following
ITEM NUMBER
DATE: 1-3-06
ATTACHMENT 4: Draft Resolution PC 2006-0010
Approval of Proposed Zoning Map Change
DRAFT RESOLUTION PC 2006-0010
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2005-0092,
AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF
APN 031-183-0319 032 FROM RMF -10 (RESIDENTIAL MULTI -FAMILY —
10) TO RMF-10/PD-25 (RESIDENTIAL MULTI -FAMILY —10/PLANNED
DEVELOPMENT OVERLAY #25)
(Navajos Ave / Tanner, Fragione)
WHEREAS, an application has been received from Kinsey Tanner (5290 Barrenda Ave,
Atascadero, CA 93422) and Shawn Fragione (7790 Aragon Rd., Atascadero, CA 93422)
Applicants and Property Owners, to consider a project consisting of a Zone Change from RMF -
10 (Residential Multi -family - 10) to RMF-10/PD-25 (Residential Multi -Family -10 with Planned
Development Overlay #25) with a corresponding Master Plan of Development and Vesting
Tentative Tract Map on a 0.55 -acre site located at 7705 and 7735 Navajoa Ave (APN 031-183-
031, 032); and,
WHEREAS, the site's General Plan Designation is MDR (Medium Density Residential);
and,
WHEREAS, the site's current zoning district is RMF -10 (Residential Multi -Family -10);
and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0058 were
prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to the Official Zoning Map to protect the health, safety, and
welfare of its citizens by applying orderly development of the City; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone
Change application was held by the Planning Commission of the City of Atascadero at which
ITEM NUMBER: 5
DATE: 1 _s_ns
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 January 3, 2006, studied and considered Zone Change 2004-0092, after
first studying and considering the Proposed Mitigated Negative Declaration prepared for the
project, and,
NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of
Atascadero Changing the existing site zoning to RMF-10/PD25. The Planning Commission
finds as follows:
1. Modification of development standards or processing requirements is warranted to
promote orderly and harmonious development.
2. Modification of development standards or processing requirements will enhance the
opportunity to best utilize special characteristics of an area and will have a beneficial
effect on the area.
3. Benefits derived from the overlay zone cannot be reasonably achieved through
existing development standards or processing requirements.
4. The proposed project offers certain redeeming features to compensate for the
requested zone change.
SECTION 2. Recommendation of Approval. The Planning Commission of the City of
Atascadero, in a regular session assembled on January 3, 2006, resolved to recommend that the
City Council introduce for first reading by title only, an ordinance that would rezone the subject
site consistent with the following:
1. Exhibit A: Location Map
2. Exhibit B: Zone Map Amendment Diagram
ITEM NUMBER: 5
DATE: 1-3-06
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
Greg Porter
Planning Commission Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
ITEM NUMBER
DATE: 1-3-06
Exhibit B: Zone Map Amendment Diagram
Current General plan Designation: Medium Density Residential
Current Zoning District: Residential Multi -family - 10
Proposed General Plan Designation: Medium Density Residential
Proposed Zoning District: Residential Multi -family — 10 / Planned
Development Overlay 25
ATTACHMENT 5: Draft Resolution PC 2006-0011
Approval of Proposed Master Plan of Development
DRAFT RESOLUTION PC 2006-0011
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT
2004-0139 (MASTER PLAN OF DEVELOPEMNT)
ON APN 031-183-0319 032
(Navajoa Ave. / Tanner, Fragione)
WHEREAS, an application has been received from Kinsey Tanner (5290 Barrenda Ave,
Atascadero, CA 93422) and Shawn Fragione (7790 Aragon Rd., Atascadero, CA 93422)
Applicants and Property Owners, to consider a project consisting of a Zone Change from RMF -
10 (Residential Multi -Family -10) to RMF-10/PD-25 (Residential Multi -Family -10 with Planned
Development Overlay #25) with a corresponding Master Plan of Development and Vesting
Tentative Tract Map on a 0.55 -acre site located at 7705 and 7735 Navajoa Ave (APN 031-183-
031, 032); and,
WHEREAS, the Planning Commission has recommended that the site's Zoning District
be changed from RMF -10 (Residential Multi -Family -10) to RMF-10/PD-25 (Residential Multi-
Family-10/Planned Development Overlay #25); and,
WHEREAS, the PD -25 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 2005-0058 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 January 3, 2006, studied and considered the Conditional Use Permit
2004-0139 (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 -25 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 -25 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 January 3, 2006, resolved to recommend that the
City Council approve Conditional Use Permit 2004-0139 (Master Plan of Development) subject
to the following:
EXHIBIT A:
Conditions of approval / Mitigation Monitoring Program
EXHIBIT B:
Master Plan of Development
EXHIBIT C:
Landscape Plan
EXHIBIT D:
Floor Plans Units Al and A2
EXHIBIT E:
Floor Plans Units B1, B2, B3
EXHIBIT F:
Elevations Units Al, A2
EXHIBIT G:
Elevations Units B1, B2, B3
EXHIBIT H:
Grading and Drainage Plan
EXHIBIT 1:
Color and Materials
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
Greg Porter
Planning Commission Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program
PD -25 Master Plan of Development (CUP 2004-0139)/ZCH 2004-0092
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business
BS: Building Services
7705, 7735 Navajoa Ave
License
FD: Fire Department
PD -25 Master Plan of Development
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
FM
PS
purposes of issuing building permits thirty (30) days following the City Council
approval of ZCH 2004-0092 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.
Any other changes to the Master Plan of Development shall be subject to
Planning Commission approval. Any associated Tentative Maps shall be
subject to Planning Commission approval.
3. 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.
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 consistent
13P/FM
PS, CE
with the Master Plan of Development contained herein.
6. All exterior elevations, finish materials and colors shall be consistent with the
BP
PS
Master Plan of Development as shown in EXHIBIT F and G with the following
modifications:
■ All exterior material finishes (siding, trim, doors, windows, light fixtures,
garage doors) shall be durable, high quality, and consistent with the
architectural appearance.
■ Additional eave brackets shall be added to the gable ends.
■ Roofs shall be architectural grade dimensional shingles.
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL Business
BS: Building Services
7705, 7735 Navajoa Ave
License
FD: Fire Department
PD -25 Master Plan of Development
GP: Grading Permit
BP: Building Permit
PD: Police Department
CE: City Engineer
Fl: Final Inspection
WW: Wastewater
TO: Temporary
CA: City Attorney
Occupancy
F0: Final Occupancy
7. All site development shall comply with the standards of the Planned
BP
PS, BS
Development 25 Overlay District.
8. 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, C, and H.
9. All project fencing shall be installed consistent with EXHIBIT B and C subject
GP/BP
PS
to the following modifications:
■ Fencing material and treatment shall comply with the PD25 standards.
■ All fencing shall be recessed from the fagade of the units along all
street and parking court frontages.
10. Final selection of colors and materials identified in EXHIBIT F, G and I shall
GP/BP
PS
be subject to staff approval.
11. A final landscape and irrigation plan shall be approved prior to the issuance of
building permits and included as part of site improvement plan consistent with
EXHIBIT C, and as follows:
■ All exterior meters, air conditioning units and mechanical equipment
shall be screened with landscape material.
■ All areas shown on the landscape plan shall be landscaped by the
developer prior to the final of any single building permit on-site.
■ Final tree list shall be submitted with building permits, subject to staff
approval.
• Parking court and open space trees shall be minimum 15 -gallon size
and double staked.
■ Front yard areas shall be landscaped with drought tolerant species,
subject to staff approval.
12. The developer and/or subsequent owner shall assume responsibility for the
continued maintenance of all landscape and common areas, consistent with
EXHIBIT C.
13. Affordable Housing Requirement: The applicant shall deed restrict a 1
GP/BP
PS, CA
residential unit for 30 years, prior to or concurrently with the final map, at a
moderate income rate or shall pay an in -lieu fee of 5% of the construction
valuation of each unit.
14. Workforce Housing: Prior to recordation of final map, the applicant shall enter
BP
PS, CA
into a legal agreement with the City to reserve Y. 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:
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL Business
BS: Building Services
7705, 7735 Navajoa Ave
License
FD: Fire Department
PD -25 Master Plan of Development
GP: Grading Permit
BP: Building Permit
PD: Police Department
CE: City Engineer
Fl: Final Inspection
WW: Wastewater
TO: Temporary
CA: City Attorney
Occupancy
FO: Final Occupancy
■ The units shall be offered for sale to residents or workers within the
City of Atascadero for a minimum of 60 -days. During this time period
offers may only be accepted from Atascadero residents or workers;
■ The applicant shall provide reasonable proof to the City that at least
one of the qualified buyers is a resident or worker within the City
Limits of Atascadero;
• The Atascadero resident or worker restriction shall apply to the initial
sale only;
■ The applicant shall identify which units will be reserved; and
The City Attorney shall approve the final form of the agreement.
15. An address marker to include address for all units shall be located at the
GP/BP
PS
public street access point. The address marker shall be compatible with the
project architecture.
16. The emergency services and facility maintenance costs listed below shall
BP
PS
be 100% funded by the project in perpetuity. The service and
maintenance costs shall be funded through a community facilities district
established by the City at the developer's cost. The funding mechanism
must be in place prior to or concurrently with acceptance of the final maps.
The funding mechanism shall be approved by the City Attorney, City
Engineer and Administrative Services Director prior to acceptance of 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.
17. All tract maintenance costs listed below shall be 100% funded by the project
BP
PS
in perpetuity. The service and maintenance cost shall be funded through a
Home Owners Association established by the developer subject to City
approval. The Home Owners Association must be in place prior to, or
concurrently with acceptance of any final maps. The Home Owners
Association shall be approved by the City Attorney, City Engineer and
Administrative Services Director prior to acceptance of any Final Map. The
administration of the above mentioned funds, and the coordination and
performance of maintenance activities, shall be the responsibility of the Home
Owners Association.
a) All streets, bridges, sidewalks, streetlights, street signs, roads,
emergency access roads, emergency access gates, and sewer
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL Business
BS: Building Services
7705, 7735 Navajoa Ave
License
FD: Fire Department
PD -25 Master Plan of Development
GP: Grading Permit
BP: Building Permit
PD: Police Department
CE: City Engineer
Fl: Final Inspection
WW: Wastewater
TO: Temporary
CA: City Attorney
Occupancy
F0: Final Occupancy
mains within the project.
b) All parks, trails, recreational facilities and like facilities.
c) All open space and native tree preservation areas.
d) All drainage facilities and detention basins.
e) All creeks, flood plains, floodways, wetlands, and riparian habitat
areas.
f) All common landscaping areas, street trees, medians, parkway
planters, manufactured slopes outside private yards, and other
similar facilities.
g) All frontage landscaping and sidewalks along arterial streets
18. Prior to final map, the applicant shall submit CC&Rs for review and approval
BP
PS, BS
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 in perpetuity.
b) A detailed list of each individual homeowner's responsibilities for
maintenance of the individual units.
c) Residents shall keep all trash receptacles within the unit's
designated trash storage area.
d) Garages shall be maintained and used for vehicle parking.
e) No boats, RV's or other type of recreation vehicle may occupy a
guest or resident parking space, including within an individual
garage.
f) A provision for review and approval by the City Community
Development Department for any changes to the CC&R's that relate
to the above requirements prior to the changes being recorded or
taking effect.
City Engineer Conditions
PROJECT SPECIFIC CONDITIONS
Drainage:
19. Obtain approval by the City Engineer of the grading & drainage plan and the
BP, GP
CE
storm drain design & facilities.
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL Business
BS: Building Services
7705, 7735 Navajoa Ave
License
FD: Fire Department
PD-25 Master Plan of Development
GP: Grading Permit
BP: Building Permit
PD: Police Department
CE: City Engineer
Fl: Final Inspection
WW: Wastewater
TO: Temporary
CA: City Attorney
Occupancy
F0: Final Occupancy
20. Submit calculations to support the design of any structures or pipes. Closed
BP, GP
CE
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.
21. Provide for the detention of the 50 year developed storm runoff, while
BP, GP
CE
metering out the 2 year undeveloped storm runoff. Metered runoff must follow
existing drainage patterns.
22. Show the method of dispersal at all pipe outlets. Include specifications for size
BP, GP
CE
& type.
23. Acquire drainage easements where needed. Drainage shall cross lot lines
BP, GP
CE
only where a drainage easement has been provided.
24. 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:
Navaioa Avenue
25. The applicant must provide for the repair and maintenance of on-site shared
FM
CE
improvements. This includes driveway, private sewer system, lighting, and
drainage facilities.
The City Engineer and City Attorney shall approve the final form prior to
recordation.
26. All public improvements shall be constructed in conformance with the City of
BP, GP
CE
Atascadero Engineering Department Standard Specifications and Drawings,
and current ADA standards or as directed by the City Engineer.
27. Full frontage improvements are required with this development. These include
BP, GP
CE
curb, gutter, sidewalk and paveout. Public Improvement plans shall be
submitted detailing the design.
28. A pedestrian access easement shall be recorded on the final map for ADA
FM
CE
access way behind driveway approach.
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL Business
BS: Building Services
7705, 7735 Navajoa Ave
License
FD: Fire Department
PD -25 Master Plan of Development
GP: Grading Permit
BP: Building Permit
PD: Police Department
CE: City Engineer
Fl: Final Inspection
WW: Wastewater
TO: Temporary
CA: City Attorney
Occupancy
F0: Final Occupancy
29. Prior to issuance of building permits, the applicant shall submit a grading and
BP, GP
CE
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
30. 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.
31. Gravity mains and other sewer facilities within the subdivision shall be
BP, GP
WW
privately owned and maintained.
STANDARD CONDITIONS
32. All public improvements shall be constructed in conformance with the City of
BP, GP
CE
Atascadero Engineering Department Standard Specifications and Drawings or
as directed by the City Engineer.
33. In the event that the applicant is allowed to bond for the public improvements
FM
CE
required as a condition of this map, the applicant shall enter into a Subdivision
Improvement Agreement with the City Council.
34. An engineer's estimate of probable cost shall be submitted for review and
FM
CE
approval by the City Engineer to determine the amount of the bond.
35. The Subdivision Improvement Agreement shall record concurrently with the
FM
CE
Final Map.
36. The applicant shall be responsible for the relocation and/or alteration of
BP, GP
CE
existing utilities.
37. The applicant shall install all new utilities (water, gas, electric, cable TV and
BP, GP
CE
telephone) underground. Utilities shall be extended to the property line
frontage of each lot or its public utility easement.
38. The applicant shall monument all property corners for construction control and
FM
CE
shall promptly replace them if disturbed.
39. 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.
40. Slope easements shall be provided as needed to accommodate cut of fill
FM
CE
slopes.
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL Business
BS: Building Services
7705, 7735 Navajoa Ave
License
FD: Fire Department
PD -25 Master Plan of Development
GP: Grading Permit
BP: Building Permit
PD: Police Department
CE: City Engineer
Fl: Final Inspection
WW: Wastewater
TO: Temporary
CA: City Attorney
Occupancy
F0: Final Occupancy
41. Drainage easements shall be provided as needed to accommodate both
FM
CE
public and private drainage facilities.
42. The final map shall be signed by the City Engineer prior to the map being
FM
CE
placed on the agenda for City Council acceptance.
43. Prior to recording the tract map, the applicant shall submit a map drawn in
FM
CE
substantial conformance with the approved tentative map and in compliance
with all conditions set forth herein. The map shall be submitted for review and
approval by the City in accordance with the Subdivision Map Act and the
City's Subdivision Ordinance.
44. Prior to recording the tract map, the applicant shall set monuments at all new
FM
CE
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.
45. Prior to recording the map, the applicant shall complete all improvements
FM
CE
required by these conditions of approval
46. Prior to recording the tract map, the applicant shall have the map reviewed by
FM
CE
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.
47. Upon recording the final map, the applicant shall provide the City with a black
FM
CE
line clear Mylar (0.4 mil) copy and a blue line print of the recorded map.
48. Prior to the final inspection of any public improvements, the applicant shall
FM
CE
submit a written statement from a registered civil engineer that all work has
been completed and is in full compliance with the approved plans.
49. Prior to the final inspection, the applicant shall submit a written certification
13P, GP
CE
from a registered civil engineer or land surveyor that all survey monuments
have been set as shown on the final map.
50. An encroachment permit shall be obtained prior to any work within City rights
BP, GP
CE
of way.
51. Prior to the issuance of building permits the applicant shall submit a grading
BP, GP
CE
and drainage plan prepared by a registered civil engineer for review and
approval by the City Engineer.
Atascadero Mutual Water Company
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL Business
BS: Building Services
7705, 7735 Navajoa Ave
License
FD: Fire Department
PD -25 Master Plan of Development
GP: Grading Permit
BP: Building Permit
PD: Police Department
CE: City Engineer
Fl: Final Inspection
WW: Wastewater
TO: Temporary
CA: City Attorney
Occupancy
F0: Final Occupancy
52. Before the issuance of building permits, the applicant shall submit plans to
AMWC for the water distribution facilities needed to serve the project.
AMWC shall review and approve the plans before construction begins on
the water system improvements. All water distribution facilities shall be
constructed in conformance with AMWC Standards and Details and the
California Waterworks Standards (Code of Regulations Title 22, Division 4,
Chapter 16). All cross -connection devices shall conform to AWWA and
California Department of Health Services standards.
53. Before the start of construction on the water system improvements, 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.
54. Before issuance of building permits, the applicant shall obtain a "Will
Serve" letter from AMWC for the newly created lots within the subdivision.
55. The applicant shall provide AMWC with easements for those water
facilities proposed for operation and maintenance by AMWC that are
constructed outside of publicly maintained right-of-ways. AMWC shall
review the form and content of the easements before recordation.
56. 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.
57. The applicant shall obtain a separate landscape -irrigation meter from
AMWC for the common areas within the project. Landscaping for common
areas shall be drought -tolerant. The landscaping for common areas shall
conform to the mitigation measures noted in Table II -7, Hydrology and
Water Quality, of the General Plan 2025. The applicant shall keep the use
of turf grass in common area landscaping and in other areas to a
minimum.
Mitigation Measures
Mitigation Measure 1.c.1: The shared driveway shall be of a decorative nature
BP
PS
1.C.1
to minimize the visual impact of the paved area.
Mitigation Measure 1.d.1: Exterior lighting shall be limited to wall mounted
BP
PS
1.d.1
building lighting only. All exterior lighting shall be designed to eliminate any off
site glare and shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite
light spillage and glare. Fixtures shall be shield cut-off type and compatible with
historic setting, subject to staff approval.
Mitigation Measure 3.b.1: The project shall be conditioned to comply with all
BP
BS
3.b.1
applicable District regulations pertaining to the control of fugitive dust (PM-) as
Conditions of Approval /
Mitigation Monitoring Program
7705, 7735 Navajoa Ave
PD -25 Master Plan of Development
Timing
BL Business
License
GP: Grading Permit
BP: Building Permit
Fl: Final Inspection
TO: Temporary
Occupancy
F0: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook.
■ Asbestos has been identified by the state Air Resources Board as a
toxic air contaminant. Serpentine and ultramafic rocks are very
common in the state and may contain naturally occurring asbestos.
Under the State Air Resources Board Air Toxics Control Measure
(ATCM) for Construction, Grading, Quarrying, and Surface Mining
Operations, prior to any grading activities at the site, the project
proponent shall ensure that a geologic evaluation is conducted to
determine if naturally occurring asbestos is present within the area
that will be disturbed. If Naturally Occurring Asbestos (NOA) is
found at the site the applicant must comply with all requirements
outlined in the Asbestos ATCM for Construction, Grading,
Quarrying, and Surface Mining Operations. . If NOA is not present,
an exemption request must be filed with the District. If NOA is
found at the site the applicant must comply with all requirements
outlined in the Asbestos ATCM. This may include development of
an Asbestos Dust Mitigation Plan and an Asbestos Health and
Safety Program for approval by the APCD. Should Naturally
Occurring Asbestos be identified within the area of construction,
and the worked area will be less than or equal to one acre, then the
dust control measures identified below are required. If the
disturbed area is greater than one acre, additional requirements
may include but are not limited to 1) an Asbestos Dust Mitigation
Plan which must be approved by the District before construction
begins, and 2) an Asbestos Health and Safety Program will also be
required for some projects.
■ Dust Control Measures for Construction and Grading Operation
Projects One Acre or Less: No person shall engage in any
construction or grading operation on property where the area to be
disturbed is one (1.0) acre or less unless all of the following dust
mitigation measures are initiated at the start and maintained
throughout the duration of the construction or grading activity:
(A) Construction vehicle speed at the work site must be limited to
fifteen (15) miles per hour or less;
(B) Prior to any ground disturbance, sufficient water must be
applied to the area to be disturbed to prevent visible emissions
from crossing the property line;
(C) Areas to be graded or excavated must be kept adequately
wetted to prevent visible emissions from crossing the property
line;
(D) Storage piles must be kept adequately wetted, treated with a
chemical dust suppressant, or covered when material is not
being added to or removed from the pile;
(E) Equipment must be washed down before moving from the
property onto a paved public road; and
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL Business
BS: Building Services
7705, 7735 Navajoa Ave
License
FD: Fire Department
PD -25 Master Plan of Development
GP: Grading Permit
BP: Building Permit
PD: Police Department
CE: City Engineer
Fl: Final Inspection
WW: Wastewater
TO: Temporary
CA: City Attorney
Occupancy
F0: Final Occupancy
(F) Visible track -out on the paved public road must be cleaned
using wet sweeping or a HEPA filter equipped vacuum device
within twenty-four (24) hours.
Mitigation Measure 4.e.1: The Grading Plan shall identify tree protection
GP
PS
4.e.1
fencing around the dripline of each existing on-site or off-site native tree within
20 feet of construction activity.
Mitigation Measure 4.e.2: Grading and excavation and grading work shall be
GP
PS
4.e.2
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 dripline of
all trees.
5. All trees within the area of work shall be fenced for protection with 4 -
foot chain link, snow or safety fencing placed per the approved tree
protection plan. Tree protection fencing shall be in place prior to any
site excavation or grading. Fencing shall remain in place until
completion of all construction activities.
6. Any roots that are encountered during excavation shall be clean cut
by hand and sealed with an approved tree seal.
Mitigation Measure 4.e.3: An arborists report shall be required prior to project
GP
PS
4.e.3
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 9-11.5.
Mitigation Measure 6.b: The grading permit application plans shall include
GP
CE
6.b
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.d: A soils report shall be required to be submitted with
GP
BS
6.c.d
a future building permit by the building department. The building plans will be
required to follow the recommendations of the soils report to assure safety for
residents and buildings.
Mitigation Measure 8.e.f: The developer is responsible for ensuring that all
BP
CE
8.e.f
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 work orders.
Conditions of Approval /
Mitigation Monitoring Program
7705, 7735 Navajoa Ave
PD -25 Master Plan of Development
Timing
BL Business
License
GP: Grading Permit
BP: Building Permit
Fl: Final Inspection
TO: Temporary
Occupancy
F0: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
Mitigation Measure 11.d: All construction activities shall comply with the City of
Ongoing
Bs/PS
11.d
Atascadero Noise Ordinance for hours of operation.
Construction activities shall be limited to the following hours of operation:
• 7 a.m. to 7 p.m. Monday through Friday
• 9 a.m. to 6 p.m. Saturday
• No construction on Sunday
Further, particularly loud noises shall not occur before 8 a.m. on weekdays and
not at all on weekends.
The hours of construction may be modified by the Community Development
Director upon a determination that unusually loud construction activities are
having a significant impact on the neighbors.
Failure to comply with the above-described hours of operation may result in
withholding of inspections and possible construction prohibitions, subject to the
review and approval of the 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. The
details of such a sign shall be approved by staff during the Grading
Plan/Building Permit review process.
EXHIBIT B: Master Plan of Development/Site Plan
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EXHIBIT C: Landscape Plan
CHIBIT D: Floor Plans Unit Al and A2
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RPLAN U -A -I LOWER FLOOR PLAN UNIT A,2
�IUPPER FLOOR PLAN
7R PLAN �UNITA-I
EXHIBIT E: Floor Plans Units B1, B2, B3
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EXHIBIT F: Elevations Units Al, A2
0
EAST ELEVATION BUILDING A -i SOUTH ELEVATI� BUILDING A-1
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SOUTH ELEVATION BUILDING 83
NORTH ELEVATION BUADNG B.7
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!EN Rwew.ra
EAST ELEVATION BUILDING Ba
EXHIBIT H: Grading and Drainage Plan
EXHIBIT I: Color and Materials
**See project file for colors**
ATTACHMENT 6: Draft Resolution PC 2006-0012
Approval of Proposed Vesting Tentative Tract Map
DRAFT RESOLUTION PC 2006-0012
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL APPROVE VESTING TENTATIVE TRACT
MAP 2004-0060, A FIVE LOT SUBDIVISION CONSISTENT WITH A
MASTER PLAN OF DEVELOPMENT ON APN 031-183-0319 032
(Navajoa Ave. / Tanner, Fragione)
WHEREAS, an application has been received from Kinsey Tanner (5290 Barrenda Ave,
Atascadero, CA 93422) and Shawn Fragione (7790 Aragon Rd., Atascadero, CA 93422)
Applicants and Property Owners, to consider a project consisting of a Zone Change from RMF -
10 (Residential Multi -Family -10) to RMF-10/PD-25 (Residential Multi -Family -10 with Planned
Development Overlay #25) with a corresponding Master Plan of Development and Vesting
Tentative Tract Map on a 0.55 -acre site located at 7705 and 7735 Navajoa Ave (APN 031-183-
031, 032); and,
WHEREAS, the Planning Commission has recommended that the site's Zoning District
be changed from RMF -10 (Residential Multi -Family -10) to RMF-10/PD-25 (Residential Multi-
Family-10/Planned Development Overlay #25); and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0058 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 Tract Map application was held by the Planning Commission of the City of Atascadero
at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of
Development; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on January 3, 2006, studied and considered Tentative Tract Map 2004-0060,
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 Tract May, 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 -25
overlay district.
2. The proposed subdivision, as conditioned, is consistent with the proposed Planned
Development Overlay District #25 Master Plan of Development (CUP 2004-0139).
3. The site is physically suitable for the type of development proposed.
4. The site is physically suitable for the density of development proposed.
5. The design and improvement of the proposed subdivision will not cause substantial
environmental damage or substantially and unavoidably injure fish and wildlife or their
habitat.
6. The design of the subdivision will not conflict with easements acquired by the public at
large for access through, or the use of property within, the proposed subdivision; or
substantially equivalent alternative easements are provided.
7. Covenants, Conditions and Restrictions (CC&R's) or equivalent shall be required that
incorporate the Master Plan of Development conditions of approval to ensure that the site
retains the proposed qualities (architecture, colors, materials, plan amenities, fencing, and
landscaping) over time.
8. The proposed subdivision design and type of improvements proposed will not be
detrimental to the health, safety or welfare of the general public.
SECTION 2. Recommendation of Approval. The Planning Commission of the City of
Atascadero, in a regular session assembled on January 3, 2006, resolved to recommend that the
City Council approve Vesting Tentative Tract Map (TTM 2003-0060) subject to the following:
1. Exhibit A: Vesting Tentative Tract Map 2004-0060
2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program.
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by
the Planning Commission Secretary to the City Council of the City of Atascadero.
On motion by Commissioner , and seconded by Commissioner the foregoing
resolution is hereby adopted in its entirety by the following roll call vote:
AYES: ( )
NOES: ( )
ABSTAIN: ( )
ABSENT: ( )
ADOPTED:
CITY OF ATASCADERO, CA
Greg Porter
Planning Commission Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
Exhibit A: Vesting Tentative Tract Map
Exhibit B: Conditions of Approval / Mitigation Monitoring Program
Tentative Tract Map 2004-0060
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
Navajoa Ave
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Map
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TTM 2004-0060
TO: Temporary
occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Comp.
FO: 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 2004-0092 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 (APN
On going
PS
031-183-031, 032) 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. Developer agrees to participate
in the community facilities district and to take all steps reasonably
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
BP: Building Permit
BS: Building Services
Navajoa Ave
SIP: Subdivision
FD: Fire Department
Vesting Tentative Tract Map
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TTM 2004-0060
TO: Temporary
occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Camp.
F0: Final Occupancy
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 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 in
perpetuity.
b) A detailed list of each individual homeowner's responsibilities for
maintenance of the individual units.
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
BP: Building Permit
BS: Building Services
Navajoa Ave
SIP: Subdivision
FD: Fire Department
Vesting Tentative Tract Map
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TTM 2004-0060
TO: Temporary
occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Camp.
F0: Final Occupancy
c) Residents shall keep all trash receptacles within the unit's
designated trash storage area.
d) Garages shall be maintained and used for vehicle parking.
e) No boats, RV's or other type of recreation vehicle may occupy a
guest or resident parking space, including within an individual
garage.
f) A provision for review and approval by the City Community
Development Department for any changes to the CC&R's that
relate to the above requirements prior to the changes being
recorded or taking effect.
11. Affordable Housing Requirement: The applicant shall deed restrict a 1
GP/BP
PS, CA
residential unit for 30 years, at the moderate income rate, prior to
recordation of the final map or shall pay in -lieu fees based on 5% of the
construction valuation of each unit.
12. Workforce Housing: Prior to recordation of final map, the applicant shall
BP
PS, CA
enter into a legal agreement with the City to reserve '/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.
13. The developer and/or subsequent owner shall assume responsibility for
Ongoing
PS
the continued maintenance of all landscape and common areas.
City Engineer Conditions
PROJECT SPECIFIC CONDITIONS
Drainage:
14. Obtain approval by the City Engineer of the grading & drainage plan and
BP, GP
CE
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
Navajoa Ave
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Map
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TTM 2004-0060
TO: Temporary
occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Camp.
F0: Final Occupancy
the storm drain design & facilities.
15. 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.
16. Provide for the detention of the 50 year developed storm runoff, while
BP, GP
CE
metering out the 2 year undeveloped storm runoff. Metered runoff must
follow existing drainage patterns.
17. Show the method of dispersal at all pipe outlets. Include specifications for
BP, GP
CE
size & type.
18. Acquire drainage easements where needed. Drainage shall cross lot lines
BP, GP
CE
only where a drainage easement has been provided.
19. 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:
Navaioa Avenue
20. The applicant must provide for the repair and maintenance of on-site shared
FM
CE
improvements. This includes driveway, private sewer system, lighting, and
drainage facilities.
The City Engineer and City Attorney shall approve the final form prior to
recordation.
21. All public improvements shall be constructed in conformance with the City of
BP, GP
CE
Atascadero Engineering Department Standard Specifications and Drawings,
and current ADA standards or as directed by the City Engineer.
22. Full frontage improvements are required with this development. These
BP, GP
CE
include curb, gutter, sidewalk and paveout. Public Improvement plans shall
be submitted detailing the design.
23. A pedestrian access easement shall be recorded on the final map for ADA
FM
CE
access way behind driveway approach.
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
BP: Building Permit
BS: Building Services
Navajoa Ave
SIP: Subdivision
FD: Fire Department
Vesting Tentative Tract Map
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TTM 2004-0060
TO: Temporary
occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Camp.
F0: Final Occupancy
24. Prior to issuance of building permits, the applicant shall submit a grading and
BP, GP
CE
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
25. 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.
26. Gravity mains and other sewer facilities within the subdivision shall be
13P, GP
WW
privately owned and maintained.
STANDARD CONDITIONS
27. All public improvements shall be constructed in conformance with the City of
BP, GP
CE
Atascadero Engineering Department Standard Specifications and Drawings
or as directed by the City Engineer.
28. In the event that the applicant is allowed to bond for the public improvements
FM
CE
required as a condition of this map, the applicant shall enter into a
Subdivision Improvement Agreement with the City Council.
29. An engineer's estimate of probable cost shall be submitted for review and
FM
CE
approval by the City Engineer to determine the amount of the bond.
30. The Subdivision Improvement Agreement shall record concurrently with the
FM
CE
Final Map.
31. The applicant shall be responsible for the relocation and/or alteration of
BP, GP
CE
existing utilities.
32. The applicant shall install all new utilities (water, gas, electric, cable TV and
13P, GP
CE
telephone) underground. Utilities shall be extended to the property line
frontage of each lot or its public utility easement.
33. The applicant shall monument all property corners for construction control
FM
CE
and shall promptly replace them if disturbed.
34. 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.
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
Navajoa Ave
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Map
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TTM 2004-0060
TO: Temporary
occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Camp.
F0: Final Occupancy
35. Slope easements shall be provided as needed to accommodate cut of fill
FM
CE
slopes.
36. Drainage easements shall be provided as needed to accommodate both
FM
CE
public and private drainage facilities.
37. The final map shall be signed by the City Engineer prior to the map being
FM
CE
placed on the agenda for City Council acceptance.
38. Prior to recording the tract map, the applicant shall submit a map drawn in
FM
CE
substantial conformance with the approved tentative map and in compliance
with all conditions set forth herein. The map shall be submitted for review and
approval by the City in accordance with the Subdivision Map Act and the
City's Subdivision Ordinance.
39. Prior to recording the tract map, the applicant shall set monuments at all new
FM
CE
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.
40. Prior to recording the map, the applicant shall complete all improvements
FM
CE
required by these conditions of approval
41. Prior to recording the tract map, the applicant shall have the map reviewed by
FM
CE
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.
42. Upon recording the final map, the applicant shall provide the City with a black
FM
CE
line clear Mylar (0.4 mil) copy and a blue line print of the recorded map.
43. Prior to the final inspection of any public improvements, the applicant shall
FM
CE
submit a written statement from a registered civil engineer that all work has
been completed and is in full compliance with the approved plans.
44. Prior to the final inspection, the applicant shall submit a written certification
BP, GP
CE
from a registered civil engineer or land surveyor that all survey monuments
have been set as shown on the final map.
45. An encroachment permit shall be obtained prior to any work within City rights
BP, GP
CE
of way.
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
BP: Building Permit
BS: Building Services
Navajoa Ave
SIP: Subdivision
FD: Fire Department
Vesting Tentative Tract Map
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TTM 2004-0060
TO: Temporary
occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Camp.
F0: Final Occupancy
46. Prior to the issuance of building permits the applicant shall submit a grading
BP, GP
CE
and drainage plan prepared by a registered civil engineer for review and
approval by the City Engineer.
Mitigation Measures
Mitigation Measure 1.c.1: The shared driveway shall be of a decorative nature
BP
PS
1.0
to minimize the visual impact of the paved area.
Mitigation Measure 1.d.1: Exterior lighting shall be limited to wall mounted
BP
PS
1.d.1
building lighting only. All exterior lighting shall be designed to eliminate any off
site glare and shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite
light spillage and glare. Fixtures shall be shield cut-off type and compatible with
historic setting, subject to staff approval.
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
BP: Building Permit
BS: Building Services
Navajoa Ave
SIP: Subdivision
FD: Fire Department
Improvement Plans
PD: Police Department
Vesting Tentative Tract Map
FM: Final Map
CE: City Engineer
TTM 2004-0060
TO: Temporary
occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Camp.
F0: Final Occupancy
Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP
applicable District regulations pertaining to the control of fugitive dust (PM-) as
contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook.
Asbestos has been identified by the state Air Resources Board as a
toxic air contaminant. Serpentine and ultramafic rocks are very
common in the state and may contain naturally occurring asbestos.
Under the State Air Resources Board Air Toxics Control Measure
(ATCM) for Construction, Grading, Quarrying, and Surface Mining
Operations, prior to any grading activities at the site, the project
proponent shall ensure that a geologic evaluation is conducted to
determine if naturally occurring asbestos is present within the area
that will be disturbed. If Naturally Occurring Asbestos (NOA) is
found at the site the applicant must comply with all requirements
outlined in the Asbestos ATCM for Construction, Grading,
Quarrying, and Surface Mining Operations. . If NOA is not present,
an exemption request must be filed with the District. If NOA is
found at the site the applicant must comply with all requirements
outlined in the Asbestos ATCM. This may include development of
an Asbestos Dust Mitigation Plan and an Asbestos Health and
Safety Program for approval by the APCD. Should Naturally
Occurring Asbestos be identified within the area of construction,
and the worked area will be less than or equal to one acre, then the
dust control measures identified below are required. If the
disturbed area is greater than one acre, additional requirements
may include but are not limited to 1) an Asbestos Dust Mitigation
Plan which must be approved by the District before construction
begins, and 2) an Asbestos Health and Safety Program will also be
required for some projects.
■ Dust Control Measures for Construction and Grading Operation
Projects One Acre or Less: No person shall engage in any
construction or grading operation on property where the area to be
disturbed is one (1.0) acre or less unless all of the following dust
mitigation measures are initiated at the start and maintained
throughout the duration of the construction or grading activity:
(A) Construction vehicle speed at the work site must be limited to
fifteen (15) miles per hour or less;
(B) Prior to any ground disturbance, sufficient water must be
applied to the area to be disturbed to prevent visible emissions
from crossing the property line;
(C) Areas to be graded or excavated must be kept adequately
wetted to prevent visible emissions from crossing the property
line;
(D) Storage piles must be kept adequately wetted, treated with a
chemical dust suppressant, or covered when material is not
being added to or removed from the pile;
(E) Equipment must be washed down before moving from the
property onto a paved public road; and
(F) Visible track -out on the paved public road must be cleaned
using wet sweeping or a HEPA filter equipped vacuum device
within twenty-four (24) hours.
BS 13.b.1
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
Navajoa Ave
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Map
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TTM 2004-0060
TO: Temporary
occupancy
WW: Wastewater
CA: City Attorney
FI: Final inspection
AMWC: Water Camp.
F0: Final Occupancy
Mitigation Measure 4.e.1: The Grading Plan shall identify tree protection
GP
PS
4.e.1
fencing around the drip line of each existing on-site or off-site native tree within
20 feet of construction activity.
Mitigation Measure 4.e.2: Grading and excavation and grading work shall be
GP
PS
4.e.2
consistent with the City of Atascadero Tree Ordinance. Special precautions
when working around native trees include:
7. All existing trees outside of the limits of work shall remain.
8. Earthwork shall not exceed the limits of the project area.
9. Low branches in danger of being torn from trees shall be pruned prior
to any heavy equipment work being done.
10. Vehicles and stockpiled material shall be stored outside the drip line
of all trees.
11. All trees within the area of work shall be fenced for protection with 4 -
foot chain link, snow or safety fencing placed per the approved tree
protection plan. Tree protection fencing shall be in place prior to any
site excavation or grading. Fencing shall remain in place until
completion of all construction activities.
12. Any roots that are encountered during excavation shall be clean cut
by hand and sealed with an approved tree seal.
Mitigation Measure 4.e.3: An arborists report shall be required prior to project
GP
PS
4.e.3
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 9-11.5.
Mitigation Measure 6.b: The grading permit application plans shall include
GP
CE
6.b
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.d: A soils report shall be required to be submitted with
GP
BS
6.c.d
a future building permit by the building department. The building plans will be
required to follow the recommendations of the soils report to assure safety for
residents and buildings.
Mitigation Measure 8.e.f: The developer is responsible for ensuring that all
BP
CE
8.e.f
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 work orders.
Conditions of Approval /
Mitigation Monitoring Program
Navajoa Ave
Vesting Tentative Tract Map
TTM 2004-0060
Timing
GP: Grading Permit
BP: Building Permit
SIP: Subdivision
Improvement Plans
FM: Final 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 Camp.
Mitigation
Measure
Mitigation Measure 11.d: All construction activities shall comply with the City of
Ongoing
BS/PS
11.d
Atascadero Noise Ordinance for hours of operation.
Construction activities shall be limited to the following hours of operation:
• 7 a.m. to 7 p.m. Monday through Friday
• 9 a.m. to 6 p.m. Saturday
• No construction on Sunday
Further, particularly loud noises shall not occur before 8 a.m. on weekdays and
not at all on weekends.
The hours of construction may be modified by the Community Development
Director upon a determination that unusually loud construction activities are
having a significant impact on the neighbors.
Failure to comply with the above-described hours of operation may result in
withholding of inspections and possible construction prohibitions, subject to the
review and approval of the 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. The
details of such a sign shall be approved by staff during the Grading
Plan/Building Permit review process.
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