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HomeMy WebLinkAboutPC_2006-01-17_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, January 17, 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 Vacant PLANNING COMMISSION BUSINESS A. Administration of Oath of Office City Clerk Marcia McClure Torgerson will administer the Oath of Office to new member of the Planning Commission, Greg Slane. APPROVAL OF AGENDA DISCLOSURE OF EX PARTE COMMUNICATIONS: Planning Commission Members must disclose prior to a project hearing, any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, tentative subdivision maps, parcel maps, variances, conditional use permits and planned development permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda) City of Atascadero Planning Commission Agenda CONSENT CALENDAR Regular Meeting January 17, 2006 Page 2 of 5 (All items on the consent calendar are considered to be routine and non -controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions) 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JANUARY 3, 2006. COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS (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) 2. CONDITIONAL USE PERMIT 2005-0148,4180 EL CAMINO REAL Applicant: CKE Restaurants, Inc., 401 W. Carl Karcher Way, Anaheim, CA 92801 Owner: K -Mart Corporation, 3100 W. Big Beaver Rd., Troy, MI 48084 Project Conditional Use Permit 2005-0148 Title: Project 4180 El Camino Real, Atascadero, CA 93422 Location: APN 049-221-063 Project The proposed project consists of an application for a Conditional Use Permit for a drive - Description: through restaurant located on 0.83 acres within the Commercial Retail Zone. The proposal includes a main dining building with outdoor patio areas for restaurant patrons and a drive- through facility along the El Camino Real and San Anselmo frontages. The site is currently vacant and located within the existing K -Mart Shopping Center. General Plan Designation: General Commercial (GC) Zoning District: Commercial Retail (CR) 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. 3. TENTATIVE TRACT MAP 2005-0080, NAVAJOA Owner/ Terry Otis, 6480 Alta Pradera, Atascadero, CA 93422 Applicant: Project Tentative Tract Map 2005-0080 Title: City of Atascadero Planning Commission Agenda Regular Meeting January 17, 2006 Page 3 of 5 Project Location: 7665, 7675, 7685, 7695 Navajoa, Atascadero, CA 93422 APN 031-153-014 Project The proposed project consists of an application to create 4 airspace condominiums on one Description: common lot. The units are currently under construction. Title: General Plan Designation: Medium Density Residential (MDR) Project Zoning District: Residential Multi -Family — 10 (RMF -10) Proposed Class 1 of the California Enviromnental Quality Act (CEQA) (Section 15301) exempts Environmental alterations or conversions of existing facilities which create no or negligible expansions of Determination: use. 4. GENERAL PLAN AMENDMENT 2005-0015, ZONE CHANGE 2005-0104, 0105, CONDITIONAL USE PERMIT 2005-0170, TENTATIVE TRACT MAP 2005-0076 Applicant: JRW Group, Inc., 1900 Spring Street, Paso Robles, CA 93446, Phone: 226-9306 Owner: Arthur & Mary Jazwiecki, P. O. Box 547, Atascadero, CA 93423 Project El Camino Court - General Plan Amendment 2005-0015 / Zone Change 2005-0104 / Zone Title: Change 2005-0105/ Conditional Use Permit 2005-0170/ TTM 2005-0076 Project 4705, 4711, 4713 El Camino Real Atascadero, CA 93422 Location: APN: 029-271-001 Project The proposed project consists of an application for a General Plan Amendment, Zone Description: Change, and Conditional Use Permit for a commercial/residential mixed-use development located on a 1.71 -acre parcel within the Commercial Retail (CR) zoning district. A 0.62 - acre portion of the site along El Camino Real will retain the CR zoning. The remaining 1.08 acres will require a General Plan Amendment to High Density Residential (HDR), a zone change to Residential Multi -Family (16 units/acre) (RMF -16) with a Planned Development Overlay Zone, and a vesting tentative condominium subdivision map. The site is accessed along El Camino Real. Proposed buildings consist of two multi -family residential buildings and two mixed-use buildings designed for commercial use on the lower floor and residential use on the upper floor. A maximum of 40 dwelling units and 8,000 square feet of commercial space are proposed. Three native trees are proposed for removal. General Plan Designation: General Commercial (GC) Zoning District: Commercial Retail (CR) 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. COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT City of Atascadero Planning Commission Agenda Regular Meeting January 17, 2006 Page 4 of 5 ADJOURNMENT The next regular meeting of the Planning Commission will be on February 7, 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 17, 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: 1-17-06 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, January 3, 2006 — 7:00 P.M. Vice Chairperson Beraud called the meeting to order at 7:00 p.m. and Commissioner Patel led the Pledge of Allegiance ROLL CALL Present: Commissioners Fonzi, O'Keefe, Patel and Vice Chairperson Beraud Absent: Commissioners Jones, Kelley and Chairperson Porter Staff Present: Community Development Director Warren Frace, Deputy Community Development Director Steve McHarris, Deputy Public Works Director Jeff Van den Eikhof, Associate Planner Kelly Gleason, Assistant Planner Lisa Wilkinson and Recording Secretary Grace Pucci. PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA MOTION: By Commissioner O'Keefe and seconded by Commissioner Fonzi to approve the agenda. Motion passed 4:0 by a roll -call vote. PUBLIC COMMENT None PC Draft Minutes 01/03/06 Page 1 of 7 CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON DECEMBER 6, 2005. MOTION: By Commissioner Fonzi and seconded by Commissioner O'Keefe to approve Item #1. Motion passed 4:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 2. TREE REMOVAL PERMIT 2003-0042 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 2002-1525. Commissioner Fonzi stepped down from consideration of this item stating she has had a financial relationship with the applicant in the past. Assistant Planner Lisa Wilkinson gave the staff report and answered questions of the Commission. Commissioner Jones joined the hearing at 7:05 p.m. all 3]11[00161lyiILVA 14►111 None MOTION: By Commissioner O'Keefe and seconded by Commissioner Patel to 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. Motion passed 4:0 by a roll -call vote. (Commissioner Fonzi abstained) Commissioner Fonzi rejoined the hearing. PC Draft Minutes 01/03/06 Page 2 of 7 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 Pl., 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. Assistant Planner Lisa Wilkinson gave the staff report and answered questions of the Commission. PUBLIC COMMENT Jack Brazeal, project arborist answered questions of the Commission. Vice Chairperson Beraud closed the Public Comment period. MOTION: By Commissioner Fonzi and seconded by Commissioner Jones to 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. Motion passed 5:0 by a roll -call vote. PUBLIC HEARINGS 4. VARIANCE 2005-0008, PPN 2005-0190 PC Draft Minutes 01/03/06 Page 3 of 7 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 minimum of 5 -feet from the front property line to minimize grading and tree impacts. 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., Monday through Friday. Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Jamie Kirk, applicant's representative, gave a PowerPoint presentation on the project and answered questions of the Commission. Steve Ruiz stated he lives across the street from the project and expressed concern regarding erosion from the hillside. He asked that his property be protected from future erosion. Jim Rossi, neighbor to the site, stated he does not see any problem with the project given the way the applicant proposes to pave the driveway, and offered to assist financially in the road improvement. There was Commissioner Discussion regarding maintenance of Linda Vista Road. Director Frace stated staff can work with the City Engineer to explore options for road maintenance with the neighbors and then report back to the Commission. Vice Chairperson Beraud closed the Public Comment period. MOTION: By Commissioner O'Keefe and seconded by Vice Chairperson Beraud to adopt Resolution PC 2005-0097 approving Variance 2005-0008 based on findings and subject to Conditions and with the following two conditions added: 1) Orange fencing be put up on both sides of EI Retiro. 2) Native shrubs be used for re -vegetation. Motion passed 5:0 by a roll -call vote. PC Draft Minutes 01/03/06 Page 4 of 7 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. Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Russ Thompson, applicant's representative, spoke about the project and answered questions of the Commission. There was Commission discussion regarding orientation and elevations of the houses along the Navajoa frontage. Bud Tanner, applicant, explained how this plan for the site was developed and answered questions of the Commission. Bob Stimpson stated he lives in this neighborhood and expressed his concerns regarding safety, the poor condition of the streets, the noise level with increased density, tree removals, and lack of compatibility with the neighborhood. Marilyn Stimpson expressed concern that future two story houses may encroach on her backyard privacy. Vice Chairperson Beraud closed the Public Comment period. PC Draft Minutes 01/03/06 Page 5 of 7 Deputy Public Works Director Jeff Van den Eikhof and Community Development Director Warren Frace addressed issues raised during the Public Comment period. MOTION: By Commissioner Jones and seconded by Commissioner Patel to adopt Resolution PC 2006-0009 recommending that the City Council certify Proposed Mitigated Negative Declaration 2005-0058; and, 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, 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, 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, and adding a condition for changing the elevation of the houses that face Navajoa to look more like a front entrance, subject to staff approval. Motion failed 3:2 by a roll -call vote. (Commissioners O'Keefe and Beraud opposed) Commissioner O'Keefe stated for the record that she voted no because she is concerned that the city is losing affordable housing; this site is zoned for RMF 10 and apartments would have less impact. Turning these sites into PD's reduces affordable housing and the resulting housing is not as affordable as apartments. Additionally she does not think this is compatible with the neighborhood and she is concerned about the loss of parking. Vice Chairperson Beraud stated for the record that she voted no because she does not think this is compatible with neighborhood. COMMISSIONER COMMENTS AND REPORTS Commissioner Fonzi asked for Commission discussion regarding sending a recommendation to the Council for a moratorium on conversion of multi -family zoned lots to PD's without further study on the impacts to affordable housing. There was lengthy Commission discussion and it was suggested that the issue be discussed at a future joint session. Commissioner O'Keefe asked about the sign ordinance and if the City Council has changed its position regarding enforcement. Director Frace stated that the Council will review this issue at Strategic Planning. Commissioner O'Keefe asked what PC Draft Minutes 01/03/06 Page 6 of 7 circumstances require a four vote majority. Director Frace stated zone changes and General Plan amendments require a majority vote of the entire Commission. DIRECTOR'S REPORT Community Development Director Warren Frace updated the Commission on the agenda for the City Council's Strategic Planning session scheduled for Saturday, January 28`" ADJOURNMENT Vice Chairperson Beraud adjourned the meeting at 8:38 p.m. to the next regularly scheduled meeting of the Planning Commission on January 17, 2006. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary PC Draft Minutes 01/03/06 Page 7 of 7 ITEM NUMBER: 2 DATE: 1-17-06 Atascadero Planning Commission Staff Report - Community Development Department 4180 EI Camino Real Master Plan of Development (CUP 2005-0148) (Carl's Jr.) SUBJECT: The proposed project consists of an application for a Conditional Use Permit to establish a drive-through restaurant at 4180 EI Camino Real. The proposed project site improvements include parking and site landscaping. The proposed project is located on the vacant pad in the existing K -Mart Shopping Center. RECOMMENDATION: Planning Commission adopt Resolution PC 2005-0075 certifying Proposed Mitigated Negative Declaration 2005-0047 and approving the Master Plan of Development (CUP 2005-0148) based on findings and subject to Conditions of Approval and Mitigation Monitoring. SITUATION AND FACTS: 1. Owner: Kmart Corporation, 3100 W. Big Beaver Rd., Troy, MI 48084 2. Applicant / Representative: CKE Restaurants, Inc., 401 W. Carl Karcher Way, Anaheim, CA 92801 3. Project Address: 4180 EI Camino Real, Atascadero, CA 93422 (San Luis Obispo County) APN 049-221-063 4. General Plan Designation: General Commercial (GC) 5. Zoning District: Commercial Retail (CR) 6. Site Area: 0.83 acre 7. Existing Use: Vacant site in Kmart Center 8. Environmental Status: Proposed Mitigated Negative Declaration 2005-0047 DISCUSSION: Surroundina Land Use and Settin North: Commercial Retail South: Commercial Professional East: Commercial Retail West: Highway 101 The project site is within the General Commercial General Plan Land Use Designation and is zoned Commercial Retail, which allows the establishment of a drive-through restaurant with the approval of a Conditional Use Permit. The site is located on a vacant commercial pad in the existing K -Mart Shopping Center. Background A Traffic Impact Study was produced by Omni -Means, Ltd on this project. The Study found the vehicle trips, generated by this project, reduce the level of service of the San Anselmo Ave interchange and the signal at the intersection of EI Camino Real and San Anselmo Road. As mitigation for this impact, staff recommended widening San Anselmo Road to allow two west -bound travel lanes and a bike lane. This widening would eventually be extended to the US 101 north bound on ramp and would improve the level of service at the US 101 north bound ramps. On September 20, 2005, the Planning Commission reviewed the proposed project and directed staff and the applicant to address the following items: 1. Frontage improvements along San Anselmo Ave: The applicant raised concerns related to the cost of the improvements based on the impact the development would have on surrounding traffic and circulation. Staff cited a reduced level of service and build -out of the center as cause for requiring full frontage improvements. The Planning Commission requested additional review of the following alternative scenarios and cost analysis for each: a. Full widening of San Anselmo providing two travel lanes, curb, gutter, sidewalk, and a center landscape median. This option would require relocation of the signal at the San Anselmo/EI Camino Real intersection. b. Providing full frontage improvements as identified above with a bulb out at the San Anselmo/EI Camino Real intersection. This option would leave the signal at the current location. c. No improvements. 2. Architectural detailing along the EI Camino Real elevation. ANALYSIS: 1. Frontage Improvements: a. Full widening of San Anselmo Rd: The buildout San Anselmo street section includes 2 travel lanes in each direction, two bikelanes, sidewalks on each side, and a 6 -foot wide planter median as shown in the conceptual drawing below. Staff has estimated the cost to design and construct this alternative to be $129,838.00. Under this scenario, the applicant would be credited traffic impact fees for construction cost beyond the gutter. The traffic impact fees for this project are $15,990. Frontage improvements are required on all commercial projects without any fee credits. Fee credits are available only when an improvement is part of the City's Capital Facility Plan. b. Widening of San Anselmo Rd with a bulb out at the El Camino Real intersection: Maintaining one lane at the intersection and widening San Anselmo to full width to provide a dedicated turn pocket into the center and allow a dedicated turn N lit — =v U) 9 m ----�--�— — --- —_— --_---- -- —_—__.f �n e, rn m � A - - �B O 0 N Rf Z M 4 F1 � N � m m SAN ANSELMO ROAD rn 0 Q f b. Widening of San Anselmo Rd with a bulb out at the El Camino Real intersection: Maintaining one lane at the intersection and widening San Anselmo to full width to provide a dedicated turn pocket into the center and allow a dedicated turn pocket onto the northbound on ramp with additional future improvements would improve the level of service for the San Anselmo Road /US 101 interchange. As the bulb -out solution does not include the relocation of the signals at the ECR intersection, frontage improvement costs decrease. Staff has estimated the cost to design and construct this alternative to be $100,786.00. Under this scenario, the applicant would be credited traffic impact fees for construction cost beyond the gutter. The traffic impact fees for this project are $15,990. r c. No frontage improvements/Impact fees paid in full: 0 r' /Ir The EI Camino Real/San Anselmo Road/ US 101 interchange area is currently impacted with the interchange operating below the level of service D. Additional impacts due to new development will contribute to a decrease in the level of service for the area. The applicant would pay full traffic impact fees. Staff Recommendations: Widening of San Anselmo Rd with a bulb out at the E/ Camino Real intersection. To mitigate the impacts to the interchange, staff is recommending widening of San Anselmo Rd along the project frontage with a bulb out at the EI Camino Real intersection (Condition 12). According to the City Engineer, this alternative will help to mitigate traffic impacts and will cost less than the full widening originally conditioned. Two additional reasons for requiring the widening are: • Full frontage improvements were required as part of the original Conditional Use Permit for the K -mart center and were not constructed. The right of way was offered at time of the center development. • Section 9-4.160 "Streets" of the Atascadero Municipal Code requires "The installation and maintenance of asphalt road paving, asphalt berm and drainage facilities shall be constructed along the frontage of a development project (subdivision, commercial, industrial, residential etc.) as follows: (d) Commercial and Industrial Projects. The project shall construct all roads fronting the project to City standard. If the road fronting the project is an arterial or collector, the width of the road constructed shall be wide enough to allow for safe travel, turning movements and transitions, to the approval of the City Engineer. EI Camino Real/San Anselmo Road intersection signal changes. To mitigate the impacts to the EI Camino Real/San Anselmo Road intersection Staff is recommending that the north -south direction left turn signal phasing be changed from protected left turn to permitted/protect left turn. This change is projected in a Omni -Means letter dated November 18, 2005 to keep this intersection at level of service "C" a build out of the current General Plan. This will required new signal heads to be mounted on the signal arms and wiring changes. (Condition 13) 2. Architectural detailina alona the EI Camino Real elevation: The Planning Commission requested that the applicant enhance the EI Camino Real elevation to provide a more pedestrian oriented streetscape along the drive-through side of the building. The applicant has included additional window detailing and a trellis feature that bridges the drive-through area as shown below. Staff has also conditioned that the proposed rock veneer base be extended to wrap all elevations. The Planning Commission also expressed concerns about the proposed color palette for the building. The applicant has revised the proposed colors to a more earth -toned color scheme. Staff has also conditioned that the final color selection be approved by staff prior to issuance of building permits. _ _ == =' s -=mss ■ � ■� 2� Car s Jr ■ ■_■■■®�!�© i�■®■ll■illi■■ m ieni:T�eid!�id!• ��i!!:.�•�i��ii�i�'��iil�ii_lii:•si��%=!!■- General Plan Consistency The proposed project is consistent with the following General Plan Land Use Element Policies: Land Use Program 1.1.7: "Within the Urban Core encourage infill development or revitalization or reuse of land already committed to urban development where utilities and public services exist. Land Use Policy 2.1: "Ensure that new development is compatible with existing and surrounding neighborhoods". Implementing General Plan programs requires appearance review of architectural design, materials and color, and landscaping to improve the appearance along EI Camino Real, and incorporate architectural themes into the site and building design. As analyzed above, the proposed project, as conditioned is consistent with the General Plan. In staff's opinion the proposed drive-through restaurant is consistent with the goals and policies of the Land Use Element. As conditioned, the project incorporates elements that are consistent with the scale and character of the surrounding commercial uses and consistent with the General Plan's appearance review requirements, providing attractive architecture and landscape design. Findings Conditional Use Permit A Conditional Use Permit is required for all drive-through restaurants. The Conditional Use Permit process provides the opportunity for the public and the Planning Commission to review the specifics of land use proposals, such as appropriateness of use, architectural design, site design, landscape, signage, and specific standards of the Zoning Ordinance. The Planning Commission must make the following five findings to approve a Conditional Use Permit: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The use is consistent with the General Commercial designation of the General Plan and General Plan Land Use Element Policy 1.1.7 and 2.1. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the Planned Development Ordinance. Staff Comment: As conditioned, the project satisfies all conditional use permit and Planned Development zoning code provisions for a commercial development. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment: The proposed commercial development will not be detrimental to the general public or working persons health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The project has been designed to enhance the appearance along EI Camino Real with high quality architecture and project landscaping. The project site has been designed with the buildings oriented to the street frontage with parking to the rear, providing a pedestrian oriented development. 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, as conditioned, is consistent with the traffic projections and road improvements anticipated within the General Plan. Based on staff's analysis in the preceding sections, it appears that all of the required findings for approval of a Conditional Use Permit can be made. Proposed Environmental Determination A Draft Mitigated Negative Declaration was circulated to public agencies and interested members of the public on August 31, 2005. The environmental analysis identified concerns regarding potential impacts to aesthetics, noise, and traffic. Mitigation measures pertaining to these resources are included. It is the opinion of staff that the combination of design features incorporated into the proposed project, mitigation measures, and conditions of approval will reduce any potential environmental impacts to a level of insignificance. 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. Staff is recommending that the Commission certify Proposed Mitigated Negative Declaration 2005-0047. Conclusion The proposed project represents an infill commercial project within the Commercial Retail Zone. The Master Plan of Development will cover all site development, landscaping and architectural design standards for the project. The proposed project is consistent with the General Plan and Atascadero Municipal Code, as analyzed within this staff report. It is staff's opinion that the proposed project, as conditioned, allows the Planning Commission to make all of the required findings for project approval. ALTERNATIVES 1. The Commission may recommend modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The parcel would retain its designation of Commercial Retail. 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: Draft Resolution PC 2005-0075 Attachment 1: Location Map, General Plan and Zoning Zoning: CR (Commercial Retail) General Plan Designation: GC (General Commercial) ATTACHMENT 2: Draft Resolution PC 2005-0075 DRAFT RESOLUTION PC 2005-0075 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO CERTIFYING PROPOSED MITIGATED NEGATIVE DECLARATION 2005-0047 AND APPROVING CONDITIONAL USE PERMIT 2005-0148 APN 049-221-063 (4180 El Camino Real / Carl's Jr.) WHEREAS, an application has been received from CKE Restaurants, Inc. (401 W. Carl Karcher Way, Anaheim, CA 92801) Applicant to consider a project consisting of a Conditional Use Permit (CUP 2005-0148) for a drive-through restaurant at 4180 El Camino Real (APN 029- 221-063; and, and, WHEREAS, the site's current General Plan Designation is General Commercial (GC); WHEREAS, the site's current zoning district is Commercial Retail (CR); and, WHEREAS, Drive-through restaurants are a Conditional Use in the Commercial Retail zone; and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2005-0047 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 application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on January 17, 2006, studied and considered the Conditional Use Permit 2005-0148, 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 Certification of the Proposed Mitigated Negative Declaration. The Planning Commission finds as follows: 1. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project's mitigation monitoring program as conditions of approval; and, 2. The project will not achieve short-term to the disadvantage of long term environmental goals; and, 3. The project does not have impacts which are individually limited, but cumulatively considerable; and, 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. SECTION 2. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on January 17, 2006, resolved to approve the Conditional Use Permit 2005- 0148 subject to the following: EXHIBIT A: Proposed Mitigated Negative Declaration EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan EXHIBIT D: Landscape Plan EXHIBIT E: Floor Plans EXHIBIT F: Elevations EXHIBIT G: Color and Materials Board 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 Proposed Mitigated Negative Declaration 2005-0047 See Following EXHIBIT B: Conditions of Approval / Mitigation Monitoring Program Conditional Use Permit 2005-0148 Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin BL: Business License 9 4180 El Camino Real GP: Grading Permit Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services 2005-0148 TO: TempoCUP Occupanccymry ServBS:iceisding F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attomey Planning Services 1. This conditional use permit shall be for a drive-through restaurant and FM PS associate site improvements as described on the attached exhibits and located on parcel 049-221-063 regardless of owner. 2. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority to BP/FM PS, CE approve the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council. 4. Approval of this Conditional Use Permit shall be valid for twelve (12) months BP/FM PS after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 5. The applicant shall defend, indemnify, and hold harmless the City of Ongoing Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 6. All subsequent Tentative Map and construction permits shall be consistent BP/FM PS, CE with the Master Plan of Development contained herein. 7. All exterior elevations, finish materials, and colors shall be consistent with BP PS the Master Plan of Development as shown in EXHIBIT C, D and F with the following modifications: ■ All exterior material finishes shall be durable, high quality, and consistent with the architectural appearance. ■ All trash storage, recycle storage, and air conditioning units shall be screened from view behind architecturally compatible or landscaped enclosures; ■ Any exterior light fixtures shall be compatible with building design, subject Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin BL: Business License 9 4180 El Camino Real GP: Grading Permit Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services CUP 2005-0148 TO: TempoBS: Occupanccyrary Serviicesding F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney to staff approval. ■ Stucco siding shall be sand finish or similar. ■ Base material shall wrap entire building. ■ The grid element shown on the Main Entrance elevation shall be fake windows or similar, subject to staff approval. ■ Final color selection shall include compatible earth toned colors, subject to staff approval. 8. All site work, grading, and site improvements shall be consistent with the BP/FM PS, BS, Master Plan of Development as shown in EXHIBIT C and D, and shall CE include the following: ■ Outdoor eating/patio area shall include a minimum of 2 high quality tables with chairs and shall be installed prior to final. ■ The drive-through lane shall be screened with landscaping and/or a decorative wall of materials to match the proposed architecture. 9. A final landscape and irrigation plan shall be approved prior to the issuance BP PS, BS of building permits and included as part of site improvement plan consistent with EXHIBIT D, 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. ■ Street trees shall be provided along the EI Camino Real frontage and San Anselmo frontage at a maximum spacing of 30 feet on center. All street trees shall be 15-gallon London Plane trees. Remaining existing trees may meet this requirement. ■ Street and landscape trees shall be minimum 15-gallon size and double staked. ■ All landscaping shall be drought tolerant. ■ All retaining walls shall be constructed of a dark color split face block, subject to staff approval. 10. The developer and/or subsequent owner shall assume responsibility for the GP PS continued maintenance of all landscape and common areas, consistent with BP EXHIBIT D. Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin BL: Business License 9 4180 El Camino Real GP: Grading Permit Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services CUP 2005-0148 TO: TempoBS: Occupanccyrary Serviicesding F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 11. The monument sign shall include materials and colors compatible with the approved building design, as conditioned and subject to staff approval. Public Works Conditions Traffic: 12. This project is required to widen San Anselmo Road to include the following improvements: two travel lanes and bike lane with 6-foot wide planter median and bulb-out at the ECR/San Anselmo intersection. Improvements shall also include curb, gutter, sidewalk, pave out and striping. A conceptual layout of San Anselmo from EI Camino Real to US 101 shall be submitted. This will be used to determine the required alignments and widths. Two travel lanes shall be maintained on the opposite frontage. 13. The EI Camino Real/San Anselmo Road signal in the north-south direction shall have the left turn signal phasing changed from protected left turn to permitted/protect left turn. 14. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. Drainage: 15. Drainage calculations are required per section 5 of Atascadero Engineering Standards. Calculations must show the downstream drainage system can convey the increase in flow from this project. If the downstream system can not convey the increased flow then a retention basin and meter system must be designed and constructed with this project per City Engineering Standards. 16. Obtain approval by the City Engineer of the grading & drainage plan and the storm drain design & facilities. 17. Submit calculations to support the design of any structures or pipes. Closed conduits shall be designed to convey the 10-year flow with gravity flow, the 25-year flow with head, and provide safe conveyance for the 100 year overflow. 18. Show the method of dispersal at all pipe outlets. Include specifications for size & type. 19. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. 20. Concentrated drainage from off-site areas shall be conveyed across the project site in drainage easements Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program iiity Measure /Monitorin BL: Business License 9 4180 El Camino Real GP: Grading Permit Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services CUP 2005-0148 TO: TempoBS: Occupanccyrary Serviicesding F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Wastewater: 21. This project shall connect to City sewer. The design and construction of the connection shall follow all City standards. All fees shall be paid at the time of permit issuance. 22. A grease trap system shall be designed and constructed to eliminate any grease from entering the City Wastewater system Standard Conditions: 23. The applicant shall be responsible for the protection, relocation and/or alteration of existing utilities. 24. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. 25. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 26. Prior to issuance of building permits, the applicant shall submit a grading and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. 27. Prior to the final inspection, all outstanding plan check and inspection fees shall be paid. 28. Prior to the final inspection, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC). Atascadero Mutual Water Company 29. Before the issuance of building permits, the applicant shall submit plans li BP CE 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. 30. Before the start of construction on the water system improvements, the li BP CE 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. Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin BL: Business License 9 4180 El Camino Real GP: Grading Permit Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services CUP 2005-0148 TO: TempoBS: Occupanccyrary Serviicesding F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 31. Before issuance of building permits, the applicant shall obtain a "Will GP, BP CE Serve" letter from AMWC for the newly created lots within the subdivision. 32. The applicant shall provide AMWC with easements for those water GP, BP CE facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 33. The applicant is responsible for designing and constructing water system GP, BP CE improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. 34. The applicant shall obtain a separate landscape-irrigation meter if the common area landscaping for the project exceeds 5,000 square feet. 35. Landscaping for the common areas shall be drought-tolerant. Before construction of the water system improvements, AMWC shall review and approve the landscape plans for the common areas within the project. 36. Before construction of the water system improvements, AMWC shall review and approve the irrigation plans for the common areas within the project. Mitigation Measures Mitigation Measure 1.d.1: The project shall include a low hedge or decorative BP BS, PS, 1.c.1 wall along the San Anselmo and EI Camino Real frontage to minimize impacts CE for the car queuing areas. Mitigation Measure 1.d.2: Exterior parking lot lighting shall be designed to BP BS, PS, 1.c.2 eliminate any off site glare. All exterior site lights shall utilize full cut-off, CE "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 14-feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the site. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP, GP BS, PS, 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM-10) CE as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non-taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy- Conditions of Approval / Mitigation Monitoring Program 4180 El Camino Real Conditional Use Permit CUP 2005-0148 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: TempoBS: Occupanccyrary F0: Final Occupancy Responsib ility /Monitorin 9 PS: Planning Services Serviicesding FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure duty diesel engines. • Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non-peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: a. Reduce the amount of the disturbed area where possible. b. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible. c. All dirt stockpile areas should be sprayed daily as needed. d. Permanent dust control measures identified in the approved project re- vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. e. Exposed ground areas that are plana to be reworked at dates greater than one month after initial grading should be sown with a fast- germinating native grass seed and watered until vegetation is established. f. All disturbed soil areas not subject to re-vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. g. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. h. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. i. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. j. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. k. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. I. The contractor or builder shall designate a person or persons to Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin BL: Business License 9 4180 El Camino Real GP: Grading Permit Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services CUP 2005-0148 TO: TempoBS: Occupanccyrary Serviicesding F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 6.b.1: The grading permit application plans shall include BP PS 4.e.1 erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.1: A soils report shall be required to be submitted with a BP PS 4.e.2 future building permit by the building department. Mitigation Measure 6.b.1: The grading permit application plans shall include GP PS, BS, 6.b.1 erosion control measures to prevent soil, dirt, and debris from entering the CE 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 8.e.f.1: The developer is responsible for ensuring that all BP, GP PS, BS, li.c.1 contractors are aware of all storm water quality measures and that such CE measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.d.1: All construction activities shall comply with the City BP, GP PS, BS, 11.d.1 of Atascadero Noise Ordinance for hours of operation. CE Mitigation Measure 15.a.b.1: The proposed project shall be responsible for the BP CE/PS 15.a.b.1 installation of all required frontage improvements along San Anselmo Avenue. The access point at San Anselmo Avenue shall be restricted to a right-in, right- out only. Improvements will be constructed for buildout conditions resulting in two travel lanes, a bike lane, and center median. Mitigation Measure 15.a.b.2: The project shall utilize existing access points for BP CE/PS 15.a.b.2 the existing shopping center. No new access points shall be permitted. EXHIBIT c mak_ Sana Development/Site man : _oma _ - ONMV3 1J GN ORI"W m k/d �m_,WO#»» ' °M m z,a, '»_mm ��}1 �\,� &� ' {i . . ! | | ■�¥ q � � 5 , § � \!| § � & /§ q. _ q V)| § | \ r;� |# �| £ . | t;f |�;( , ! . H § | ®-�--- | - %- MT-ISW NIS O�-Ma guammmmi . 4 ° � ■, � g � EXHIBIT D: Landscape Plan GKE VEF&p/: W.1.W a6Fl1 ; sot I*Cil1$dL c LANDSCAPE PIAN rm' "R � C"w.3*SRr a1 v cu.� v :m 0. 0.J "-I v Y MAn1L•µAY w w�ii0w� (114 t 3440 I �i a • k'2% IVA e ,710? �1/\:. �� :I, I, I,I,I�I�I,�.•,•�� VAX - 4•j •s:..-...*, rr �a� yam.- 1 1 1 1 I y GKE VEF&p/: W.1.W a6Fl1 ; sot I*Cil1$dL c LANDSCAPE PIAN rm' "R � C"w.3*SRr a1 v cu.� v :m 0. 0.J "-I v Y MAn1L•µAY w w�ii0w� (114 t 3440 I �i a EXHIBIT E: Floor Plans = vii v a a ynisx ws 60B7.6YJ'WI3FNNY ivia nn:mn 13 +e an ornxHr rm NllN'� inLd OVYUSNY N" AVM a3HON/SI R1MJ 1S3M lOro .,�.,., - i $1NM1nY1S321 a�� ' jp ami ?e d $ ----------------- l.T i i O i ❑ ❑ ' ❑ _J O 0 IL wI 8� r' EXHIBIT F: Elevations Ilk ® Z r. C z ir z rn 6 oil o 0 0 'Carrs Jr. CKE RESTAUMM INC. ARC Inc. RrTAIL CrZ H- + SAN ANSfWOLM401 WEST CARL XARMER WAY SAN ANSEO RD & EL CNO REAL ATASCADrRO, CAUFORNIAWANAHFJM, CA 92803 A F1 C T I C T I EXHIBIT F: Elevations ii I� i - I � a a m � � m m it. .1, ' - � t 000 00000000 00 b gill! € 111 n o ul >> i� Carrs Jr. cKEaEsrauw�rrswc. 'f= 401 WEST CARL KARCHER I ;. SAN ANsfWO Rf TAIL crNTfR 3tl W9W T $ S y j� SAN ANSEWO RDF& EL CAYINO REAL MM `CA 8 8 R ATASCADFRO, CAU ORNIA �I S EXHIBIT G: Color and Materials Board (ED WOOD: MATCH ICI PAINT #2012 MP#50YY 83/057 SWISS COFFEE' P-1 STUCCO: MATCH ICI PAINT #2012 MP#50YY 83/057 SWISS COFFEE' L j P-2 STUCCO: MATCH ICI PAINT #627 MP#30YY 51/098 "TOASTY GREY" P -s STUCCO: MATCH ICI PAINT #308 MP 70YR 20/239 "PADRE ISLAND" wn-1 WOOD: MATCH ICI PAINT #416 MP #OOYY 30/200 SANDY COVE' 940 TYLER STREET, SUITE 23, BENICIA, CA 94510 JOB N0: DWG DATE: DWG NO: ARC Inc. 616 MARIN STREET, VALLEJO, CA 94590 CJ026 11-16-05 X-10 EXHIBIT G: Color and Materials Board Cac� Product No: 3W Norse S—" 81e 1 n: D—fvfi Terracotta Brawn Siena Catauay. BLENDS **** %h, Capfr ouz MoPou Bel Ai D., * E090 BW As r -i ROOF: EAGLE ROOFING PRODUCTS TERRACOTTA BROWN BLEND (CNu-1 CONCRETE MASONRY UNIT: ELDORADO STONE COPPER MOUNTAIN LEDGE 940 TYLER STREET, SUITE 23, BENICIA, CA 94510 JOB N0: DWG DATE: DWG N0: ARC Inc. 616 MARIN STREET, VALLEJO, CA 94590 CJ026 11-16-05 X-9 ITEM NUMBER: 3 DATE: 1-17-06 Planning Commission Staff Report Public Hearing Tentative Tract Map 2005-0080 (TR 2793) Navajoa Avenue (Otis) SUBJECT: The project consists of a proposed condominium map to create four (4) airspace units on one common lot. The lot is currently under construction. RECOMMENDATION: Planning Commission adopt Resolution PC 2006-0014 approving Tentative Tract Map 2005-0080, to establish four airspace condominium units on one common lot, based on findings and subject to conditions. SITUATION AND FACTS: 1. Applicant/Owners: Terry Otis, 6480 Alta Pradera Ave, Atascadero, CA 93422 2. Project Address: 7665, 7675, 7685, 7695 Navajoa Ave, Atascadero, CA 93422, APN: 031-153-014 3. General Plan Designation: Medium Density Residential 4. Zoning District: Residential Multi -Family - 10 (Maximum 10 du/ac) 5. Site Area: .316 acre 6. Existing Use: Under construction 7. Environmental Status: Class 1 Categorical Exemption ITEM NUMBER: 3 DATE: 1-17-06 DISCUSSION: Background: The property is located on Navajoa Avenue within the RMF -10 Zoning District. The parcel is currently under construction with 4 detached units taking access off of Navajoa Avenue. City sewer serves the property, and water is available from the Atascadero Mutual Water Company. Analysis: The proposed map will create four (4) airspace units on one legal lot of record. The subdivision is consistent with the General Plan Medium Density Residential Land Use Designation and Residential Multi -Family Zoning regulations. The site was reviewed during the building permit process and meets all requirements of the Zoning Ordinance. Environmental Review: As proposed, the project qualifies for a Class 1 categorical exemption (Section 15301) which exempts alterations or conversions of existing facilities which create no or negligible expansions of use. CONCLUSION: The proposed condominium map, as conditioned, is consistent with the 2002 General Plan and Zoning Ordinance and the airspace configurations are consistent with the requirements of the Subdivision Ordinance. Staff recommends the Planning Commission approve the Tentative Tract Map as conditioned. ALTERNATIVES: 1. The Commission may approve the map with modified project conditions. 2. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. 3. The Commission may deny the map if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. ITEM NUMBER DATE: 1-17-06 PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1 -- Location Map (General Plan & Zoning) Attachment 2 -- Draft Resolution PC 2006-0014 ITEM NUMBER DATE: 1-17-06 ATTACHMENT 1: Location Map (General Plan / Zoning) TTM 2005-0080 Navajoa Avenue Zone: Residential Multi -Family - 10 du/ac (RMF - 10) Land Use Designation: Medium Density Residential (MDR) ITEM NUMBER: 3 DATE: 1-17-06 ATTACHMENT 2: Draft Resolution PC 2006-0014 TTM 2005-0080 Navajoa Avenue DRAFT RESOLUTION PC 2006-0014 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING TENTATIVE TRACT MAP 2005-0080, ESTABLISHING FOUR AIRSPACE UNITS ON ONE COMMON LOT AT 76659 76759 76859 7695 NAVAJOA AVENUE APN 031-153-014 (OTIS) WHEREAS, an application was received from Terry Otis, 6480 Alta Pradera Ave., Atascadero, CA 93422 (Owner/Applicant), to consider a Tentative Tract Map to establish four (4) airspace units on one common lot on APN 031-153-014; and, WHEREAS, a Categorical Exemption (Class 1) was prepared for the project in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the site's current General Plan Designation is Medium Density Residential (HDR); and, WHEREAS, the site's current zoning district is RMF -10 (Residential Multi -Family -10); and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Tract Map application was held by the Planning Commission of the City of Atascadero on January 17, 2006, at which both oral and documentary evidence was admitted on behalf of said project; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for approval of Tentative Tract (Condominium) Map. The Planning Commission finds as follows: 1. The proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements; and, 2. The design and improvement of the proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements; and, 3. The site is physically suitable for the density of development proposed; and, ITEM NUMBER: 3 DATE: 1-17-06 4. The design and improvement of the proposed map will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat; and, 5. The map is consistent with the character of the immediate neighborhood; and, 6. The design of the condominium map 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; and, 7. The proposed condominium map design and type of improvements proposed will not cause serious public health problems. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on January 17, 2006 resolved to approve Tentative Tract Map 2005- 0080 (TR 2793) subject to the following: EXHIBIT A: CEQA Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Tentative Tract Map 2005-0080 (TR 2793) On motion by Commissioner and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ABSTAINED: CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary ITEM NUMBER: 3 DATE: 1-17-06 EXHIBIT A: Proposed Categorical Exemption TTM 2005-0080 r COMMUNITY DEVELOPMENT CEQA REVIEW Finding of Exemption TO: ® File Date Received for Filing ❑ Office of Planning and Research 1400 Tenth Street Sacramento, CA 95814 FROM: City of Atascadero 6907 El Camino Real Atascadero, CA 93422 SUBJECT: Piling of Notice of Determination in Compliance with Section 21152 of the Public Resomces Code Proiect Title TTM 2005-0080 Proiect Location (Include County) 7665 NavajoaAve Atascadero, CA 93422 (Sat lads Obispo Cow*) Project Description Creation of 4 airspace units on one common lot. Mudti family project currently under construction. Name of Public Agency Avvroving Project City ofAlascadero Name of Person or Agency Can dM Out Project Terry Otis Exempt Status: ❑ Ministerial (Sec. 21080 (bxl);15268) ❑ Declared Emergency (Sec. 21080(b)(3k 15269(a)) ❑ Emergency Project (Sec.21080 (bx4); 15269(b)(c)) ® Categorical Exemption (Sec. 15301, Existing Facilities) Reasons why project is exempt: Class 1 of the California Environmental Quality Act (CEQA) (Section 15301) which exempts alterations or conversions of existing facilities which create no or negligible expansions of use. Date: January 9, 2006 Kelly Gleason Associate Planner CmtactPerstar Warren Frace, Community Development Director, Cityof Atascadero SM461.5035 ITEM NUMBER DATE: 1-17-06 EXHIBIT B: Conditions of Approval / Mitigation Monitoring TTM 2005-0080 Conditions of Approval Timing Responsibility Mitigation TTM 2005-0080 /Monitoring Measure PS: Planning Services Address: 7665, 7675, 7685, 7695 Navajoa Ave. BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Standard Planning Conditions 1. The approval of this application shall become final, subject to FM PS the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Tract Map shall be valid for two FM PS years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the FM PS authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Tract Map. 4. A tract map drawn in substantial conformance with the FM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 5. The subdivider shall defend, indemnify, and hold harmless the Ongoing CA City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 6. The tract map shall be subject to additional fees for park or FM PS recreation purposes (QUIMBY Act) as required by City Ordinance. 7. Prior to final map, the applicant shall submit CC&Rs for review FM PS/PW and approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a. Exclusive use easements for private yard areas. b. Provisions for maintenance of all common areas including access, parking, street trees, fencing and ITEM NUMBER DATE: 1-17-06 Conditions Of Approval Timing Responsibility Mitigation TTM 2005-0080 /Monitoring Measure PS: Planning Services Address: 7665, 7675, 7685, 7695 Navajoa Ave. BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy landscaping. C. Provisions for financing maintenance and upkeep of all common areas. d. A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. e. Individual unit's responsibility for keeping all trash receptacles within the unit's garage. f. A provision requiring that individual garages be maintained for vehicle parking. g. 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. 8. Prior to recordation of the final map, the applicant shall submit FM PS/PW a condominium plan for recording concurrently with the final map. A qualified licensed professional shall prepare the final map and the condominium plan. City Engineer Standard Conditions 9. All public improvements shall be constructed in conformance FM PW with the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 10. In the event that the applicant is allowed to bond for the public FM PW improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 11. An engineer's estimate of probable cost shall be submitted for FM PW review and approval by the City Engineer to determine the amount of the bond. 12. The Subdivision Improvement Agreement shall record FM PW concurrently with the Final Map. 13. An encroachment permit shall be obtained prior to the BP PW issuance of building permit. 14. The applicant shall enter into a Plan Check/inspection BP PW ITEM NUMBER DATE: 1-17-06 Conditions Of Approval Timing Responsibility Mitigation TTM 2005-0080 /Monitoring Measure PS: Planning Services Address: 7665, 7675, 7685, 7695 Navajoa Ave. BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy agreement with the City. 15. A six (6) foot Public Utility Easement (PUE) shall be provided FM PW contiguous to the Santa Ysabel Avenue property frontage. 16. The applicant shall be responsible for the relocation and/or BP PW alteration of existing utilities. 17. The applicant shall install all new utilities (water, gas, electric, BP PW cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 18. The applicant shall monument all property corners for FM PW construction control and shall promptly replace them if disturbed. 19. The applicant shall acquire title interest in any off-site land that FM PW may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 20. Slope easements shall be provided as needed to FM PW accommodate cut of fill slopes. 21. Drainage easements shall be provided as needed to FM PW accommodate both public and private drainage facilities. 22. A preliminary subdivision guarantee shall be submitted for FM PW review in conjunction with the processing of the parcel map. 23. All existing and proposed utility, pipeline, open space, or other FM PW easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 24. The final map shall be signed by the City Engineer prior to the FM PW map being placed on the agenda for City Council acceptance. 25. Prior to recording the parcel map, the applicant shall submit a FM PW map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 26. Prior to recording the parcel map, the applicant shall set FM PW monuments at all new property corners. A registered civil ITEM NUMBER DATE: 1-17-06 Conditions Of Approval Timing Responsibility Mitigation TTM 2005-0080 /Monitoring Measure PS: Planning Services Address: 7665, 7675, 7685, 7695 Navajoa Ave. BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 27. Prior to recording the parcel map, the applicant shall pay all FM PW outstanding plan check/inspection fees. 28. Prior to recording the map, the applicant shall complete all FM PW improvements required by these conditions of approval. 29. Prior to recording the parcel map, the applicant shall have the FM PW map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 30. Upon recording the final map, the applicant shall provide the FM PW City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 31. Prior to the final inspection of any public improvements, the BP PW applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 32. Prior to the final inspection, the applicant shall submit a written BP PW certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. Atascadero Mutual Water Company Project Conditions 33. Before recordation of the final map, the applicant shall FM AMWC 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 new 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. ITEM NUMBER DATE: 1-17-06 Conditions Of Approval Timing Responsibility Mitigation TTM 2005-0080 /Monitoring Measure PS: Planning Services Address: 7665, 7675, 7685, 7695 Navajoa Ave. BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 34. 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. 35. Before issuance of building permits, the applicant shall obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. 36. 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. 37. Separate water meters for domestic water service are required for each individual lot within the subdivision. ITEM NUMBER: 3 DATE: 1-17-06 EXHIBIT C: Tentative Tract Map TR 2793 TTM 2005-0080 ITEM NUMBER: 4 DATE: 1-17-()F; Planning Commission Staff Report Staff Report - Community Development Department E/ Camino Court Mixed -Use GPA 2005-0015/ZCH 2005-0104/ZCH 2005-0105 CUP 2005-0170/TTM 2005-0076 (JRW Group, Inc.) RECOMMENDATIONS: Staff Recommends Planning Commission: 1. Adopt Resolution PC 2006-0001 recommending that the City Council certify Proposed Mitigated Negative Declaration 2005-0063; and, 2. Adopt Resolution PC 2006-0002 recommending that the City Council approve General Plan Amendment 2005-0015 based on findings; and, 3. Adopt Resolution PC 2006-0003 recommending that the City Council introduce an ordinance for first reading by title only, to approve Zone Text Change 2005-0104 establishing a PD -26 overlay district based on findings; and, 4. Adopt Resolution PC 2006-0004 recommending that the City Council introduce an ordinance for first reading by title only, to approve Zone Change 2005-0105 based on findings; and, 5. Adopt Resolution PC 2006-0005 recommending that the City Council approve Conditional Use Permit 2005-0170 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 6. Adopt Resolution PC 2006-0006 recommending that the City Council approve Vesting Tentative Tract Map 2005-0076 based on findings and subject to Conditions of Approval and Mitigation Monitoring. ITEM NUMBER: 4 DATE: 1-17-M; REPORT -IN -BRIEF: The proposed project consists of an application for a General Plan Amendment, Zone Change, Conditional Use Permit for a commercial/residential mixed-use development, and a Tentative Tract Map for a condominium map located on a 1.71 - acre parcel within the Commercial Retail (CR) Zoning District along EI Camino Real. Proposed buildings consist of two multi -family residential buildings and two mixed-use buildings designed with commercial use on the lower floor and residential use on the upper floors. A maximum of 40 dwelling units and 6,498 square feet of commercial retail space and 2,166 square feet of office/indoor recreational space are proposed. Three native trees are proposed for removal. DISCUSSION: Situation and Facts: 1. Applicant / Representative: JRW Group, Inc. 1900 Spring Street, Paso Robles, CA 93446 2. Owner: Arthur and Mary Jazwiecki P O Box 547, Atascadero, CA 93423 3. Project Address: 4705, 4711, 4713 EI Camino Real Atascadero, CA 93422 (APN: 029-271-001) 4. General Plan Designation: GC (General Commercial) 5. Zoning District: CR (Commercial Retail) 6. Redevelopment Area: Yes 7. Site Area: 1.71 acres 8. Existing Use: Vacant 9. Environmental Status: Proposed Mitigated Negative Declaration 2005-0063 ITEM NUMBER: 4 DATE: 1-17-M; ANALYSIS: Project Definition The proposed project consists of a request to establish a horizontal mixed-use Planned Development on a 1.71 -acre site with a corresponding Vesting Tentative Tract Map. The development includes 40 attached multi -family residential units (as summarized below), common recreational amenities, and 6,498 square feet of commercial retail space and 2,166 square feet of office/indoor recreational space. A 0.76 -acre portion of the site along EI Camino Real will retain the General Commercial (GC) General Plan Land Use Designation and the Commercial Retail (CR) Zoning District. The remaining 0.95 acres will require a General Plan Amendment to High Density Residential (HDR), a zone change to Residential Multi -Family (16 units/acre) (RMF -16) with a Planned Development Overlay Zone (PD -26), and a Vesting Tentative Condominium Subdivision Map. Unit Bedrooms Dwelling Units One-Bdr 8 Two Bdr 12 Three Bdr 20 Total 40 Background Surrounding Land Use and Setting: North: Commercial Retail East: Residential Single Family South: Commercial Retail West: Commercial Retail US AN, Z 0 c. v n r Project Site 4 y',,,,.,Wa Avenue Pd 3, 0 CR/GC o� `u CR �n 9�0 ITEM NUMBER: 4 DATE: 1-17-()F; The project site is within the General Commercial General Plan Land Use Designation and is zoned Commercial Retail, which allows the establishment of a Planned Development Overlay Zone for mixed-use development. The properties along EI Camino Real are developed with commercial retail and office uses. Properties along Hermosilla Avenue to the east are developed as single-family residential. Project Density / Inclusionary Workforce Housing The proposed General Plan land use allows 16 units per acre. The City's General Plan allows a 15% density bonus for projects that incorporate superior architectural and site plan appearance amenity. The applicant has worked closely with staff to qualify for this bonus. In addition, the General Plan and City Council's Inclusionary Policy identifies a 35% density bonus if the State requirements for affordable units are met. In order to qualify for the density bonus, the State requires that either 10% of the pre -density bonus project units be deed restricted as very low-income units, or 20% of the pre -density bonus units be deed restricted as low-income units. The City requires that low or very - low income units within the redevelopment area be deed restricted for 45 years. The applicant is requesting 4 appearance density bonus units and 9 state density bonus units for a total of 40 multi -family units on the project site. In exchange for the density bonus, the applicant is proposing 6 low income units for 45 years (CUP Condition 13, TTM Condition 13). Inclusionary Housing State Bonus Base Density Units 27.00 units Affordable Distribution 10% Very Low or 3.00 units or 20% Low 6.00 units According to the San Luis Obispo County Department of Planning & Building, a 3 - bedroom moderate level affordable unit only qualifies if the sales price does not exceed $281,263 with a 30 -year deed restriction commitment, and a 2 -bedroom moderate unit only qualifies if the sales price does not exceed $234,421 with a 30 -year deed restriction, and a 1 -bedroom moderate unit only qualifies if the sales price does not exceed $208,257 with a compliant deed restriction. These numbers are subject to change. ITEM NUMBER: 4 DATE: 1-17-M; Density Calculation for 1.71 Acre Project Site Dwelling Units Allowed Dwelling Units Proposed Base Density 16 DU/Acre 27.36 27 15% Appearance Bonus 4.10 4 SubTotal 31,46 31 35% State Density Bonus 11.01 9 Total Allowable Units 42.47 40 The project requires: a General Plan Amendment from GC (General Commercial) to GC/HDR (General Commercial/High Density Residential); establishment of a Planned Development #26 Overlay Zone (PD -26) consistent with the Council's mixed-use policy; a zoning map change from CR (Commercial Retail) to CR/RMF-16/PD-26 (Commercial Retail/Residential Multifamily -16 Zoning District with a PD -26 overlay) (see Attachment 8, Exhibit A); a Conditional Use Permit to establish the Master Plan of Development (Attachment 9, Exhibit B); and a Tentative Tract Map for condominium subdivision of the residential, commercial and common landscape, circulation, and recreation areas. All phases of development require appearance review consistent with Planned Development Overlay standards. The Planning Commission will have the ability to make future amendments to the Master Plan of Development independent of Council action. City Council Mixed -Use Policy In June 2004, the City Council established the following policies for mixed-use projects: 1. Implement the Taussig Study on residential portion; The project is consistent with the policy requirement to comply with the Taussig Study (Condition CUP 20/TTM 8). Refer to fiscal impact analysis section for expanded discussion. 2. Require commercial to be constructed before or simultaneously with the residential portion. Commercial permit(s) must be obtained first and the first permit to be finaled in the project shall be the commercial permit(s). The project is consistent with this requirement (Condition CUP 22) 3. Require at least 50% of the project to be commercial. The commercial component cannot include mini -storage or other non sales tax producing uses, including office. The project is not consistent with this requirement. Approximately 44% of the site is devoted to mixed use development with the remaining 56% comprised of residential land use. This is due to the fact that the slope of the property is not feasible for deeper commercial development and there are native oak trees on ITEM NUMBER: 4 DATE: 1-17-M; site which limit how much construction can occur and where that construction may take place. In addition, the applicant is proposing a state density bonus that provides additional deed -restricted affordable housing. Due to the fact that the policy is not an ordinance, the project could be approved as proposed. Mini -storage is not a permitted use under the proposed PD -26, however office uses are. Of the 8,664 square feet of commercial use, 2,166 square feet of office/indoor recreational space in support of the proposed residential project is proposed. The Planning Commission could recommend that the Council eliminate office and/or indoor recreational space (or other similar uses) as allowed use under PD -26. Appearance Review According to the applicant, the project has been designed to meet the standards of the Atascadero Municipal Code and the Appearance Review Manual. 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. Four new buildings are proposed on site. Each building consists of two wings separated by a breezeway and is three stories in height. Building A consists of 2,166 square feet of shared community facilities including the manager's office and recreation room and 2,166 square feet of retail space all on the first floor. 4,332 square feet of residential space is proposed on the second and third floors. Building B consists 4,332 square feet of retail space on the ground floor and 4,332 square feet of residential space on the second and third floors. Buildings C and D and include 25,700 square feet of residential space. Site Plan As proposed, the project includes street frontage improvements along EI Camino Real. One access point is proposed from EI Camino Real. All common trash and recycle enclosures will be located in the central parking area. Trash enclosures will be screened from public view and shall be designed to be consistent with the proposed building architecture (CUP Condition 7). Elevated commercial entrances and patios are proposed to enhance pedestrian scale and orientation of the buildings. ITEM NUMBER: 4 DATE: 1-17-()F; Landscape Design The preliminary landscape plan has been designed to retain the two mature native oak trees within an open space area at the center of the site. The site includes landscaping designed to enhance the appearance of the site from EI Camino Real and throughout the residential common areas. Street trees have been incorporated into the proposed landscape plan and additional shade trees are proposed in the parking and common area landscaping. Proposed landscape plant material has been conditioned to include the use of native and drought -resistant trees, shrubs and groundcovers (CUP Condition 10). Pedestrian pathways and sidewalks connect the residential units, common open space areas, and commercial uses. In staff's opinion, the proposed landscape plan and palette, as conditioned, meets the Planned Development appearance review requirements. Although a condition has been included to increase the tree planting and provided masonry privacy walls in areas adjacent to single-family residential along the northern portion of the project site (CUP Condition 10 and 11), an additional finding has been ITEM NUMBER: 4 DATE: 1-17-M; included to acknowledge that the applicant is requesting through the state density bonus criteria, that the project does not include the standard Council -required landscape buffering adjacent to single-family residential zoned properties which occurs on the north side of the project site. The proposed landscape also includes the code -required lot coverage standard of 300 square feet per unit (12,000 square feet total) within the central and perimeter landscaped areas. In addition, the project meets the 25% landscape area requirement within the landscaped and decorative pavement areas (CUP Condition 10). Architecture. Materials, and Color The applicant has worked closely with staff regarding the architecture, materials and colors proposed for the project. The project has been designed in a Contemporary Mediterranean style that incorporates mission tile roofing, exposed arched porticos and windows, smooth stucco, decorative iron elements, and window awnings. In addition, the proposed color scheme for the development includes a variety of compatible earth tone schemes. Minor conditions of approval have been included regarding the exterior material finish (CUP Condition 7). Mixed -Use Buildings The two buildings along EI Camino Real are designed as vertical mixed-use buildings with 6,498 square feet of commercial retail space and 2,166 square feet of office/indoor recreational space on the ground floors, and 16 residential living units on the second and third floors. The mixed-use buildings include features such as stylized awnings, recessed stucco elements, larger store front windows, and decorative storefront materials on the ground floor. A central breezeway provides access to the upper residential floors. The upper floor residential units include balconies and balconettes. _ -_IL �� _ 'ItW!I1 � fl ■iii_ �j� 1�' �iu I � ': •� n �i�i 111 � 11 irii,�ll 'l — •'USman 'www■ ww I = ��I� i�:���_�=�=i1�� ,— /�� irWrl w�ll = ��%"��•w_ ��1 — Residential Buildings The two buildings flanking the central open space area are designed entirely for residential use on all three floors. The buildings include accent shutters on select ITEM NUMBER: 4 DATE: 1.17_nn second floor windows and covered entry porches in addition to materials and colors consistent with the architectural theme applied throughout the project. Each living unit includes a private patio and yard area. The applicant has included a color and material board illustrating color and material schemes. Refer to Attachment 8, Exhibit K for details. Native Tree Mitiaation/Preservation The applicant has submitted an arborist report and has identified the removal of three native oak trees, two of which are in excess of 24" dbh. A condition of approval has been included requiring the applicant pay mitigation fees into the Tree Replacement fund or provide equivalent re -plantings on site, as required by the Atascadero Native Tree Ordinance and as shown in the following chart (Condition CUP 16 and 20). Evergreen Native Trees (inches) dbh notes 1 0 -inches 2 0 -inches 3 4 5 6 Total 0 -inches Mitigation Requirement req'd tree replacements Proposed Replanting Remaining Mitigation Tree Fund Payment: 0 five gal trees 0 five gal trees 0 box trees (24") 0 five gal trees Deciduous Native Trees (inches) dbh notes 1 18 -inches 2 28 -inches 3 28 -inches 4 5 6 Total 74 -inches req'd tree replacements: Proposed Replanting 49 five gal trees 0 five gal trees 0 box trees (24") Remaining Mitigation 49 five gal trees Tree Fund Payment: $ 2,466.67 Totals 74 -inches 49 five gal trees 0 five gal trees 0 box trees (24'", 49 five gal trees $ 2,466.67 ITEM NUMBER: 4 DATE: 1-17-06 Any additional tree removals will be subject to Planning Commission approval. In addition, there are native oak trees to be retained on site that are subject to tree protection through adoption of Mitigation Measures 4.e.1 through 4.e.4. Parking Parking requirements of the Atascadero Municipal Code are identified in the following table: Use Code Required Proposed Residential 94 68 Commercial 30 shared Total 124 68 Code Reduction 70 68 State Density Parking Bonus (75% reduction) 124 spaces -70 spaces 54 spaces Through the state density bonus program, maximum parking standards are established for affordable residential projects. This code allows a preemption for city code required parking. Under the State Density Bonus parking allowance, 72 parking spaces are required for the on-site residential use. The applicant is proposing a parking plan (Refer to Attachment 4) in which the commercial uses share parking in specifically designated on-site spaces based on differing peak hour usage. Typically, residential peak hour use is in the evening with commercial peak hour use during the day. In addition, the commercial uses are limited to uses that would not significantly impact the available shared parking. Utilizing a shared peak hour scenario, 72 spaces total are required by code. The Planning Commission has the authority to recommend further reduce parking requirements based on shared peak hour usage to a maximum of 75% of the most intensive use resulting in a reduction of the 70 required spaces. The reduction would bring the parking requirement of 54 spaces for the project. Staff recommends that the project, as proposed with 68 spaces, be approved utilizing the shared peak hour parking reduction allowance, and as required under the State Density Bonus. Circulation A Traffic Impact Study was produced for this project which indicates that project -specific traffic impacts are insignificant. However, the City Engineer has worked with the applicant regarding project -specific cumulative impacts to San Anselmo between EI Camino Real and U.S. Highway 101 where inadequate levels of traffic service are experienced. A mitigation measure has been included to widen west bound San Anselmo, between the US 101 north bound on-ramp and the K -Mart driveway, to provide a landscaped median, two west bound lanes and a bike lane. This improvement will provide a dedicated lane for traffic entering the US 101 north bound on ITEM NUMBER: 4 DATE: 1-17-M; ramp, which will improve the operation of the US 101 north bound off ramp and east and west bound San Anselmo. This project is required to pay Development Impact Fee per the Circulation System of Atascadero. The design and construction of these improvements is eligible for credit to the fees. Administration of designing, approval and construction of these improvements is not eligible for credit to the fees (Refer to Mitigation Measure 15.a) Frontage Improvements The project shall improve the EI Camino Real frontage to City standards, including curb, gutter and sidewalks. Site Drainage The project is designed to allow all existing upstream flows to pass through the site. The applicant has indicated that the increase in on-site flow due to the construction of impervious surfaces will be detained with underground storage facilities. Although these facilities have not been identified on the grading plans, they will be required and designed to detain the difference in flow between the theoretical, post -construction, 50 - year storm event and the pre -construction, 2 -year storm event while releasing it at the pre -construction 2 -year storm rate in accordance with the City Engineering Standards. The applicant will be required to provide calculations demonstrating there will be no increase in the rate of storm flow from the site and the storm water facilities will be required to filter silts and pollution out of the storm water prior to leaving the site (CUP Condition 25). Wastewater Sanitary sewer will be connected to existing sewer facilities in EI Camino Real. The Wastewater Treat Plant and the City collection system have sufficient capacity to handle the new flow. Fiscal Impact In 2003, the City of Atascadero hired David Taussig and Associates to prepare a fiscal model to satisfy the General Plan requirement for both the Woodlands (Las Lomas) and Dove Creek projects. The model was developed with comprehensive input for the Administrative Services, Public Works, Police and Fire Departments to capture the actual cost of providing maintenance and emergency services to new development. The model analyzed the costs associated with road maintenance, storm drainage maintenance, landscape maintenance, lighting maintenance, open space maintenance, recreational facility maintenance, police emergency services, fire emergency services and community park maintenance. ITEM NUMBER: 4 DATE: 1-17-()F; The model results demonstrated that 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 Woodlands project and Dove Creek, 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. The creation of these assessment districts mitigates any negative fiscal impacts of a project consistent with General Plan Policy 15.3.8. The EI Camino Court project is somewhat different than the Woodlands Project regarding the maintenance of on-site roads and common areas. While the Woodlands Project resulted in the creation of both road and landscape maintenance districts, EI Camino Court proposes to create a homeowners association (HOA) to fund the maintenance of all on-site facilities. The creation of an HOA has the same effect as the maintenance districts to mitigate maintenance costs. The HOA will not fund emergency service costs related to the project, therefore, the project will be required to participate in the community facilities district (CFD). The CFD results in an annual property tax levy of $440 per unit to fund additional police and fire personnel beyond the City's current staffing levels. The City has established a CFD, road maintenance and landscape and lighting district that the proposed project will be annexed into prior to recordation of the Final Map. The following conditions of approval are recommended for the Master Plan of Development and Tentative Tract Map to mitigate the fiscal impacts of the project on the City of Atascadero. Condition CUP 17/TTM 8 • The emergency services and facility maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. a) All Atascadero Police Department service costs to the project. b) All Atascadero Fire Department service costs to the project. c) Off-site common City of Atascadero park facilities maintenance service costs related to the project. ITEM NUMBER: 4 DATE: 1-17-06 Condition CUP 18/TTM9 • All tract maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. b) All parks, trails, recreational facilities and like facilities. c) All open space and native tree preservation areas. d) All drainage facilities and detention basins. e) All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. f) All frontage landscaping and sidewalks along arterial streets. Proposed Planned Development Overlay The proposed project requires the establishment of a PD -26 Overlay District for the project site. The proposed text will allow the development and uses, as conditioned, on the subject site. Based on the General Plan requirements and proposed project description, staff has prepared the following standards for a PD -26. Adoption of the Planned Development Overlay Zone text is required for the project to proceed. The Commission could make recommendations to the Council to modify the proposed PD - 26 text. 9-3.671 Establishment of Planned Development Overlay Zone No. 26: (PD 26). Planned Development Overlay Zone No. 26 is established as shown on the Official Zoning Maps (Section 9-1.102). A Planned Development Overlay Zone No. 26 is established on parcels APN 029-271-001 with a combined gross acreage of 1.71 -acres. The maximum residential density within the planned development shall not exceed 40 residential units along with 8,664 square feet of commercial space. The development standards contained within the Master Plan of Development Document (CUP 2005-0170), as conditioned shall be applied to all future development within the project area, and as follows: a) All site development shall require the approval of a Master Plan of Development. All construction and development shall conform to the approved Master Plan of Development, as conditioned. ITEM NUMBER: 4 DATE: 1-17-06 b) The Vesting Tentative Tract Map TTM 2005-0076 and any subsequent amendments for the site shall be consistent with CUP 2005-0170. All construction and development shall conform to the approved Master Plan of Development, as conditioned. c) No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Master Plan of Development. d) The commercial area, residential dwelling units, landscaping, walls and fencing shall be subject to review under the City's Appearance Review requirements consistent with the approved Master Plan of Development. Building setbacks, lot sizes, landscape area, and lot coverage shall be as identified within the approved Master Plan of Development: e) All landscaping shown on the approved landscape plan will be installed by the developer and shall be maintained as approved. f) All utilities, including electric, telephone and cable, along the frontage of, and within the PD and along the project frontages shall be installed and/or relocated underground. g) The property will retain the Commercial Retail zoning district designation. The following allowable uses are proposed for this district within the PD -26 overlay zone: 1. Residential Multi -Family (second floor only) 2. Broadcast studios; 3. Building materials and hardware (indoor only) 4. Food and beverage retail sales; 5. Furniture, home furnishings and equipment; 6. General merchandise stores; 7. Mail order and vending; 8. Temporary or seasonal sales 9. Financial services; 10. Health care services; 11. Offices; 12. Small scale manufacturing; 13. Temporary offices 14. Personal services; 15. Light repair services; 16. Membership organizations; 17. Horticultural specialties 18. Schools --business and vocational 19. Business support services, where all areas of use are located within a building; 20. Farm equipment and supplies (indoor only); 21. Funeral services; 22. Schools 23. Utility service center; 24. Libraries and museums; 25. Temporary events h) The conditional uses will be consistent with those listed for the underlying Commercial Retail zone. i) All residential and commercial uses shall be consistent with the requirements of the underlying zoning district except as allowed by the Master Plan of Development. ITEM NUMBER: 4 DATE: 1-17-0fi Ji) All trees shown to be protected on the approved Master Plan of Development shall be maintained. Any future tree removal shall require approval per the requirements set forth in the Atascadero native Tree Ordinance. If the above text is established, the project, as conditioned, would be consistent with those standards. Based on the above language, the PD -26 Zoning District incorporates, by reference, the Master Plan of Development and Vesting Tentative Tract Map which documents the proposed architectural styles, site configuration, lot coverage, setbacks, landscaping, tree preservation, and project amenities for the project. 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. 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 Vesting Tentative Tract Map (TTM 2005-0076) is proposed as part of the project consistent with the proposed Master Plan of Development and PD -26 Zone Change. Also included is a condominium map to allow individual ownership of the units, mixed- use residential units, and commercial tenant spaces. The Tract Map has been conditioned 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 19/TTM 12). General Plan Consistency The proposed project is consistent with the following General Plan Land Use and Housing Element Policies: ITEM NUMBER: 4 DATE: 1-17-()F; 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". Land Use Policy 3.1: "Encourage retail businesses at efficient and attractive nodes along El Camino Real and Morro Road with mixed office and residential uses between those nodes." Housing Element Policy 1.1: "Encourage steady production of new housing, including mixed-use projects in commercial land use areas, to meet the needs of all household types in the City." Housing Element Policy 2.1: "Promote development and construction of new housing units for ownership, especially by low and moderate income families" Housing Element Policy 4.3: "Encourage attractive architecture and site landscaping that respect terrain and native trees". In staff's opinion the proposed mixed-use project is consistent with the goals and policies of the Land Use Element and the Housing Element. The project will provide 40 residential units integrated into a commercial/office development along EI Camino Real that includes affordable units under the state density bonus program. As conditioned, the project incorporates elements that are consistent with the scale and character of the surrounding residential neighborhood and commercial corridor along EI Camino Real, and includes cost recovery for City services. ITEM NUMBER: 4 DATE: 1-17-M; Findings General Plan Amendment As specified in the City's General Plan and Zoning Ordinance, the following findings for the proposed Zone Text Change, Zone Map Change, Conditional Use Permit (Master Plan of Development), and native tree removal must be made in order to recommend approval the proposed project. Establishment of PD -26 Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 1. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 2. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. Planned Development Overlay As specified in the City's General Plan and Zoning Ordinance, the following specific findings for the proposed Zone Change shall be made in order to approve the proposed project: 1. The proposed zone change is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. 2. The proposed zone change is compatible with existing development, neighborhoods and the environment. 3. The proposed zone change will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 4. The proposed zone change is consistent with the project -specific Mitigated Negative Declaration. Conditional Use Permit (Master Plan of Development) A Master Plan of Development is required for the 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: ITEM NUMBER: 4 DATE: 1-17-M; 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, 2.1, 3.1, and Housing Element Policy 1.1, 2.1, and 4.3. 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 for a mixed-use development. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment: The proposed mixed-use development will not be detrimental to the general public or working person's health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The project has been designed to develop underutilized property and enhance the appearance along EI Camino Real with compatible architecture and project landscaping. The proposed development is consistent with the City's "Smart Growth Principles", identified as orderly and efficient infill development concentrated along the EI Camino Real corridor. The project site is within the City's General Commercial Land Use designation, which allows horizontal mixed-use developments with the approval of a Master Plan of Development and a Planned Development Overlay zone. 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 as conditioned and anticipated within the General Plan and as proposed by the applicant. ITEM NUMBER: 4 DATE: 1-17-M; Tree Removals 1. The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: ■ Early consultation with the City; ■ Consideration of practical design alternatives; ■ Provision of cost comparisons (from applicant) for practical design alternatives; ■ If saving tree eliminates all reasonable uses of the property; or ■ If saving the tree requires the removal of more desirable trees. Proposed Environmental Determination A Draft Mitigated Negative Declaration was circulated to public agencies and interested members of the public on December 8, 2005. The environmental analysis identified concerns regarding potential impacts to aesthetics, land use and planning, noise, biological resources, 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. Staff is recommending that the Commission recommend that the City Council certify Proposed Mitigated Negative Declaration 2005-0063. Conclusion In staff's opinion, developing the property with a horizontal mixed-use scheme under a Planned Development Overlay Zone designation is consistent with the General Plan and compatible with the surrounding land uses. The project incorporates appearance review of architectural design, materials, street trees, and landscaping, and incorporates architectural themes into the site and building design, as conditioned. Native trees have been preserved where feasible and required conditions and mitigation measures have been appropriately incorporated into the project. As analyzed within the project Initial Study and Draft Mitigated Negative Declaration, the proposed Master Plan of Development would have no significant environmental impacts and will not be detrimental to the general public or working person's 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: 4 DATE: 1-17-()F; 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 Commercial Retail. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: ATTACHMENTS: Attachment 1: Attachment 2: Attachment 3: Attachment 4: Attachment 5: Attachment 6: Attachment 7: Attachment 8: Attachment 9: Attachment 10 Steve McHarris, Deputy Community Development Director Paul Tabone, Planning Intern Location, General Plan, and Zoning Map Site Aerial Proposed Mitigated Negative Declaration and Initial Study Applicant's Shared Parking Statement Draft Resolution 2004-0071 Draft Resolution 2004-0072 Draft Resolution 2004-0073 Draft Resolution 2004-0074 Draft Resolution 2004-0075 Draft Resolution 2004-0076 Attachment 1: Location Map, General Plan and Zoning CS 4p deo boa CT O'"' y%)70swa Avenue ITEM NUMBER: 4 DATE: 1-17-06 Project Site LSF -X a0 0� CR CR -Y ITEM NUMBER: 4 DATE: 1-17-06 Attachment 2: Site Aerial 40 004 fir woe ty�" s rr �r Project Site r Jjr K G.S't•.yj. � l a � ' , ITEM NUMBER DATE: 1-17-06 Attachment 3: Proposed Mitigated Negative Declaration and Initial Study See Following ITEM NUMBER: 4 DATE: 1-17-06 Attachment 4: Applicant's Shared Parking Statement Basis of Design Parking Requirements For: EL CAMINO COURT 4705 El Camino Real, Atascadero, California L Introduction: EI Camino Court is a proposed mixed use development integrating commercial uses with multiple - family residences on a 1.71 acre site fronting EI Camino Real in the City of Atascadero, California. The design features four buildings, each three stories in height. The two buildings in close proximity to EI Camino Real are provided with commercial space on the ground floor of each building, along with eight residences located in the two upper stories of each building. These buildings provide a sound buffer to the remaining two buildings located at the rear of the site, each with twelve residences. Commercial space, which includes the management office and recreation spaces for the residences, totals 8,664 square feet of the 57,444 square feet of building proposed on the site. Uses expected to fill this space would include additional general office space, general (medium intensity) retail uses, and service industry uses. Specifically excluded would be sit down food establishments as the impact upon parking would be detrimental to the ability to provide adequate parking for the project. Forty residences of one-, two- and three-bedroom designs are proposed for the remainder of the project. Of these units, twenty percent are scheduled for restricted workforce housing with an affordability restriction to be attached to the deed for the next thirty years. In general, residents are expected to be young professional and workforce singles and families. Two and three bedroom units have been specifically designed to allow second bedrooms to be adapted to an office, workout space, or den at the request of the resident. Parking is provided on the site with the majority of open / guest parking spaces being located to the front half of the site. This has been intentionally provided as the design proposes to use "shared" parking between the commercial and residential uses as is customary in mixed use developments of this type. The goal is to minimize the amount of paving/ parking needed to provide adequate parking to uses which do not typically share peak hours of use. In this instance, the residential uses will have their lowest demand during the customary daytime hours -of --operation (8:00 am to 5:00 pm) of the commercial uses. IL Regulatory Issues In reviewing the Municipal Code for the City of Atascadero, it is noted that one and one-half parking stalls must be provided for each one -bedroom unit; two stalls for each two-bedroom unit; and two and one-half stalls for each three-bedroom unit. Of these initial stalls, one stall must be covered (either carport or garage) for each unit. Additionally, one "guest stall" must also be provided on the basis of one stall for every five units. On this basis, 40 covered and 54 open stalls would need to be provided for a total of 94 parking stalls for residential uses only. This provides a parking ratio of 2.35 stalls per unit for this project. ITEM NUMBER: 4 DATE: 1-17-06 In regards to commercial uses, the City of Atascadero Municipal Code provides for varying ratios from one stall per three hundred square feet to one per five hundred square feet, depending upon use and the intensity of parking required for the use. As previously stated, 2,166 square feet of the proposed commercial space will be used for management offices and recreational space for the residents. In compliance with state law, an on-site manager is required for a project of this size, thus, the parking needed has already been accounted for in the residential stalls. Likewise, the users of this space will be the residents themselves, who are already on-site. As such, we have excluded this footage from our calculations. In reviewing the remaining 6,498 square feet of commercial space, 21 parking stalls would be required for higher intensity commercial uses fitting the 1/300 square foot categories, while only 13 stalls would be required for the less intensive office / service uses. Depending upon the eventual tenants, this would bring the total number of stalls required for the development to between 107 and 115 stalls if shared parking is not allowed. As this project has proposed to restrict twenty percent of the residential units to affordable levels, the State allows under its density bonus program for local municipal codes relating to parking to be superseded by State standards. These standards are based upon specific studies of similar projects in which it is demonstrated that reduced parking levels are appropriate for housing provided to residents of lower incomes. In the case of this project, the requirement for the residential uses would reduce from 94 spaces to only 72. Inasmuch as the project proposes only 68 stalls, and additional 5% minor deviation would be required for the approval of this project. III. Basis for Design Over the recent past, The Vincent Company, Architects has designed numerous multi -family residential projects throughout the state, with varying requirements for parking. In Fresno, a project of this nature would be required to provide only 1.5 stalls per unit, while in Redding, the number would be 2.15 stalls per unit. Inasmuch as it is our goal not to design projects for our clients which have inherent parking problems, we have followed up on several recently completed and occupied projects, both workforce and market rate, to determine practical levels of parking for our projects. Property managers were asked to survey the cars found on-site at varying times of the day. The surveys were conducted over a two week period, with the amount reported for each time frame being the maximum found during the survey period. Attached please find a recap of our findings. In reviewing the findings, you will note that many of the projects include not only three-, but also four- bedroom units. We also attempted to vary the economic make-up (from 100% workforce to 100% market rate), as well as geographic locations. The results show the projects tend to be "empty" during mid-day hours, with peaks being in late evening and early morning hours. In all cases, the actual numbers of cars never approached the 2 cars per unit level. This may be attributed to factors such as varying work shifts (with some residents working night shifts rather than days), varying family sizes (units may be occupied by a single parent with children, or a single desiring an office or spare room), or the simple economics of not being able to afford a vehicle. In any case, these results seem to match those of the state, and provide a basis for the reduced parking levels proposed for this site. Finally, the design as proposed addresses the issues of shared parking. Twenty-one open stalls are found directly behind Buildings A and B, providing adequate parking for even the more restrictive commercial uses found under the 1/300 category. Covered parking, meeting the City of Atascadero Municipal Code is provided for each unit, with additional open stalls allowed for daytime guests of the residences, as well as additional night time parking for our residents. On this basis, we fell that this design will provide adequate and convenient parking for the users of this project. ITEM NUMBER: 4 DATE: 1-17-06 Recap of Findings MULTI -FAMILY RESIDENTIAL PARKING DEMANDS PROJECT NAME LOCATION PROJECT DESCRIPTION NO. CARS FOUND ON-SITE MAXIMUM CAR I OF UNIT RATIO UNI TS lam 12 pm 6 pm 9 pm CHESPEAKE BAY TRACY, CALIFORNIA 2 AND 3 BEDROOM UNITS; 204 1.65 CARS I APARTMENTS 80% MARKET RATE WITH 147 282 329 UNIT 20% WORKFORCE 337 HOUSING COTTONWOOD CLOVIS, CALIFORNIA 2, 3, AND 4 BEDROOM 100 1.77 CARS I GROVE UNITS, 80% MARKET 171 63 165 177 UNIT APARTMENTS RATE, 20% WORKFORCE HOUSING HUDSON BAY GALT, CALIFORNIA 2 AND 3 BEDROOM UNITS, 80 1.65 CARS APARTMENTS 100% WORKFORCE 132 42 105 108 UNIT HOUSING CASA VELASCO FRESNO, CALIFORNIA 2,3 AND 4 BEDROOM 150 1.64 CARS I APARTMENTS UNITS, 100% WORKFORCE 247 105 201 208 UNIT HOUSING STONEGATE FRESNO, CALIFORNIA 1, 2 AND 3 BEDROOM 196 1.75 CARS I APARTMENTS UNITS, 100% MARKET 344 118 298 333 UNIT RATE SHADOWBROOK REDDING, CALIFORNIA 3 AND 4 BEDROOM UNITS, 80 1.63 CARS APARTMENTS 100% WORKFORCE 131 61 118 127 UNIT HOUSING NIPOMO BAY NIPOMO, CALIFORNIA 2,3 AND 4 BEDROOM 120 1.61 CARS I APARTMENTS UNITS, 80% MARKET 194 104 168 187 UNIT RATE, 20% WORKFORCE HOUSING NOTES: THE NUMBERS SHOWN IN THE ABOVE TABLE REFLECTTHE NUMBER OF PARKING STALLS OCCUPIED AT SPECIFIC TIMES OF THE DAY, AND REFLECTTHE MAXIMUM FOUND ATTHAT TIME OVER A SEVEN DAY PERIOD. DATE SHOWN WAS COLLECTED BYTHE MANAGEMENT COMPANY f ON-SITE MANAGER FOR EACH COMPLEX. 3. EACH COMPLEX HAS AN OCCUPANCY LEVEL OF AT LEAST 95%. ITEM NUMBER: 4 DATE: 1-17-M; ATTACHMENT 5: Draft Resolution PC 2006-0001 Approval of Draft Mitigated Negative Declaration DRAFT RESOLUTION PC 2006-0001 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL CERTIFY PROPOSED MITIGATED NEGATIVE DECLARATION 2005-0063 PREPARED FOR GENERAL PLAN AMENDMENT 2005-0015, ZONE CHANGE 2005-0104, ZONE CHANGE 2005-0105, CONDITIONAL USE PERMIT 2005-0170 AND TENTATIVE TRACT MAP 2005-0076 ON APN 029-271-001 (4705, 47119 4713 El Camino Real / JRW Group) WHEREAS, an application has been received from JRW Group, Inc. (1900 Spring Street, Paso Robles, CA 93446) Applicant, and Arthur and Mary Jazwiecki, (P.O. Box 547, Atascadero, CA 93423), Property Owners, to consider a project consisting of a General Plan Amendment from GC (General Commercial) to GC/HDR (General Commercial/Residential High Density Residential -16) and Zone Change from CR (Commercial Retail) to CR/RMF- 16/PD-26 (Commercial Retail/Residential Multi -Family -16 with Planned Development Overlay #26) with a corresponding Master Plan of Development and Vesting Tentative Tract Map on a 1.71 -acre site located at 4705, 4711, and 4713 El Camino Real (029-271-001); and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2005-0063 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, 2006 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 2005-0063 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: 4 DATE: 1-17-()F; 2. The Proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, 3. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project; and, 4. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, 5. The project does not have impacts which are individually limited, but cumulatively considerable; and, 6. The project will not cause substantial adverse effects on human beings either directly or indirectly; and, 7. The added mitigation measure is more effective in mitigating or avoiding potential significant effects, and it will not, in itself, cause any potentially significant effect on the environment. 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 Proposed Mitigated Negative Declaration 2005-0063 ❑+ ITEM NUMBER: 4 DATE: 1-17-06 �CITY OFATASCADERO PROPOSED AHTIGA TED NEGATIVE DECLARATION #200-0063 690' E Camino Real. Atascadero. CA 93422 34561-5000 Applicant; JXVI pryee: r3W. :. _ . Owner: 0.5at -'4.-- A22=3 0. CA. Project Title; CCr*.mCocr.•C+tural?Sas Ameadmem:40_'001! ZaoeCMW-'00S-0104 Zoo--C--4i:e :OD! -010! Caedhiooa: *,:v ?ef=, .'00!-01'0 TTM :003-00'6 Project 4-0!,4'11.4-1*,LC3mco Stea:Aaxadefo.CA 934= Location; AP%: 029-:'1-001 Project The ptopo' pro)er cam= Of az applCaax for a Geura: Par. Ameadcrc'. Zme Chir, -e. a106 Description; CoadtocWUse Permefaraeammerciilresidecia:razed-:mdevelop mec'x`Xdac31-l-Tcre panelsmio:beCommercalAeail/CA zcr�cc&=3C: A05:-acrepaxco.-be:ualxrL' Camino Realwiareaie The CRzoaic; The regia. = 16S acfe..ri feq re a veura:?it AmeadoW a7Nth Decaiw Re:idecial (1C:5. i zone chaa;e b rtea6ecsa::: TiCc�_ ; 1 5 nam Kr!} (111Qn•16} te>� a PStffird Dene:opmec �t'K'at' Zou, in6 i ter:r XLa`-'t'e coodominiamz*daisioaamp The sae is acce::edaloe �' Cam ao Ttea: ? opord `ri:Y_: coaricof"matrfa=K-feai-caaltzedcz:an6vomaed•.etrildc?.deu ed forcommerca: 7.!Oa�Gg0':,'ef fbor and fe:f6eL`JL7Y. xthe %f+r fiTX Aca%mGof40*;-eZ=2:tom-. ace. 5.000 sq afe fee: of commercial space are propor_d Tb6ee rAuve Yee: are propo.ed fac deoxy: General Plan Des4m:doe: General Commerce: (Cr: Zaoia;Dissrict Commercaliean: (moi; Findings: 1 The project does not have the potential io decade the environment 2 The project will not achieve slxlmerstothe disadvantage oflong-term eneituammtalwals 3 The project does not have impacts which are individually limaed,but cumslativdv considerable 4 The project will not cause tubstamiai adverse effects on h— being eitierdirecth ofindifecth- Datcrmi nation: Based on the above finding. and the info -n ation contained in to initial study 2004-00:4 (made aput hereof by reference and on file in ±e Community Development Depatment), it hal been determined the the "e project will not have an adverse ispa:t m the environment when the followingpfoposed mitigation meavues me incorporated inn thepfojea ;see a:ta:hmesY), Prepared By. StaYJkHanis,Dc,-L Ccm-L,-t DiveiOjMexsDirec:c, Date Posted: Decembr 5.2005 Public Review Ends: :'.2005 Attachments: - Location and ZoninEMI; Site Pian Landsape Plan Gradin;Plan Proposed Elevations Building Composite FloorPlaus BuildinyC ComposseFloorplans - Site Sections Initial Study 2005.0063 ITEM NUMBER: 4 DATE: 1-17-06 ATTACHMENT 6: Draft Resolution PC 2006-0002 Approval of Draft Mitigated Negative Declaration DRAFT RESOLUTION PC 2006-0002 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT 2005-0015, AMENDING THE GENERAL PLAN LAND USE DIAGRAM DESIGNATION OF APN 029-271-001 FROM GC (COMMERCIAL RETAIL) TO GC/HDR/PD-26 (GENERAL COMMERCIAL/HIGH DENSITY RESIDENTIAL WITH A PLANNED DEVELOPMENT #26 OVERLAY) (47059 47119 4713 El Camino Real / JRW Group) WHEREAS, an application has been received from JRW Group, Inc., (1900 Spring Street, Paso Robles, CA 93446) Applicant, and Arthur and Mary Jazwiecki, (P.O. Box 547, Atascadero, CA 93423), Property Owners, to consider a project consisting of a General Plan Amendment from GC (General Commercial) to GC/HDR (General Commercial/Residential High Density Residential -16) and Zone Change from CR (Commercial Retail) to CR/RMF- 16/PD-26 (Commercial Retail/Residential Multi -Family -16 with Planned Development Overlay #26) with a corresponding Master Plan of Development and Vesting Tentative Tract Map on a 1.71 -acre site located at 4705, 4711, and 4713 El Camino Real (029-271-001); and, WHEREAS, the site's current General Plan Designation is (GC) General Commercial; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0063 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the General Plan Land Use Diagram to protect the health, safety and welfare of its citizens by applying orderly development and expanding housing opportunities within the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, ITEM NUMBER: 4 DATE: 1-17-06 WHEREAS, a timely and properly noticed Public Hearing upon the subject General Plan Amendment application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said General Plan Amendment; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on January 17, 2006, studied and considered General Plan Amendment 2005-0015, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of a General Plan Amendment to the Land Use Diagram of Atascadero as follows: 4705, 4711, 4713 El Camino Real (APN 029-271-001): General Plan Amendment from GC (General Commercial) to GC/HDR/PD-26 (General Commercial/High-Density Residential with a Planned Development #26 Overlay). The Planning Commission finds as follows: 1. The proposed amendment is in the public interest. 2. The proposed amendment is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. 3. The proposed amendment is compatible with existing development, neighborhoods and the environment. 4. The proposed amendment will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 5. The proposed amendment is consistent with adopted General Plan EIR and mitigation monitoring program. 6. The proposed amendment is in the best interest of the City to enact this amendment to the General Plan Land Use Diagram to protect the health, safety and welfare of its citizens and is compatible with existing and proposed development; and, SECTION 2. Recommendation of Approval. The Atascadero Planning Commission, in a regular session assembled on January 17, 2006, hereby resolves to recommend that the City Council approve General Plan Amendment 2005-0015 consistent with the following: ITEM NUMBER: 4 DATE: 1.1 7_nF 1. Exhibit B: General Plan Land Use Diagram Amendment 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 B: General Plan Amendment & Land Use Diagram Amendment BUILDING 'C' ITEM NUMBER: 4 DATE: 1.1 7_na SITE PLAN.. Existing Designation: ■ General Plan: Commercial Retail ■ Zoning: Commercial Retail Proposed Designation: ■ General Plan: General Commercial / High Density Residential ■ Zoning: Commercial Retail / Residential Multi - Family -16 / PD -26 Proposed change to HDR (High Density Residential), (0.92 Acres) Proposed to remain GC (General Commercial), (0.79 Acres) BUII,DING B' � PARKING TABLE p•�K ITEM NUMBER: 4 DATE: 1-17-06 ATTACHMENT 7: Draft Resolution PC 2006-0003 Approval of Proposed PD -26 Overlay Zone Code Text DRAFT RESOLUTION PC 2006-0003 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND THE ATASCADERO MUNICIPAL CODE BY APPROVING ZONE CHANGE 2005-0104 TO ESTABLISH PLANNED DEVELOPMENT OVERLAY DISTRICT #26 FOR USE IN THE CR (COMMERCIAL RETAIL) AND RMF -16 (RESIDENTIAL MULTI- FAMILY -16) ZONING DISTRICTS ON APN 029-271-001 (47059 47119 4713 El Camino Real / JRW Group) WHEREAS, an application has been received from JRW Group, Inc. (1900 Spring Street, Paso Robles, CA 93446) Applicant, and Arthur and Mary Jazwiecki, (P.O. Box 547, Atascadero, CA 93423), Property Owners, to consider a project consisting of a General Plan Amendment from GC (General Commercial) to GC/HDR (General Commercial/Residential High Density Residential -16) and Zone Change from CR (Commercial Retail) to CR/RMF- 16/PD-26 (Commercial Retail/Residential Multi -Family -16 with Planned Development Overlay #26) with a corresponding Master Plan of Development and Vesting Tentative Tract Map on a 1.71 -acre site located at 4705, 4711, and 4713 El Camino Real (029-271-001); and, WHEREAS, Article 28 of the Atascadero Municipal Code allows for the creation of Planned Development Overlay Zones to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0063 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Code Text to protect the health, safety and welfare of its citizens by applying orderly development and expanding housing opportunities within the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text Change application was held by the Planning Commission of the City of Atascadero at which ITEM NUMBER: 4 DATE: 1 -17 -ns hearing evidence, oral and documentary, was admitted on behalf of said zoning text amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on January 17, 2006, studied and considered Zone Change 2005-0104, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of a Zone Text Change Creating a PD -26 Planned Development Overlay District. The Planning Commission finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on January 3, 2006 resolved to recommend that the City Council introduce for first reading by title only, an ordinance that would amend the City Zoning code text with the following: 9-3.671 Establishment of Planned Development Overlay Zone No. 26: (PD 26). Planned Development Overlay Zone No. 26 is established as shown on the Official Zoning Maps (Section 9-1.102). A Planned Development Overlay Zone No. 26 is established on parcels APN 029-271-001 with a combined gross acreage of 1.71 -acres. The maximum residential density within the planned development shall not exceed 40 residential units along with 8,664 square feet of commercial space. The development standards contained within the Master Plan of Development Document (CUP 2005-0170), as conditioned shall be applied to all future development within the project area, and as follows: k) All site development shall require the approval of a Master Plan of Development. All construction and development shall conform to the approved Master Plan of Development, as conditioned. 1) The Vesting Tentative Tract Map TTM 2005-0076 and any subsequent amendments for the site shall be consistent with CUP 2005-0170. All construction and development shall conform to the approved Master Plan of Development, as conditioned. m) No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Master Plan of Development. ITEM NUMBER: 4 DATE: 1-17-06 n) The commercial area, residential dwelling units, landscaping, walls and fencing shall be subject to review under the City's Appearance Review requirements consistent with the approved Master Plan of Development. Building setbacks, lot sizes, landscape area, and lot coverage shall be as identified within the approved Master Plan of Development: o) All landscaping shown on the approved landscape plan will be installed by the developer and shall be maintained as approved. p) All utilities, including electric, telephone and cable, along the frontage of, and within the PD and along the project frontages shall be installed and/or relocated underground. q) The property will retain the Commercial Retail zoning district designation. The following allowable uses are proposed for this district within the PD -26 overlay zone: 1. Residential Multi -Family (second floor only) 2. Broadcast studios; 3. Building materials and hardware (indoor only) 4. Food and beverage retail sales; 5. Furniture, home furnishings and equipment; 6. General merchandise stores; 7. Mail order and vending; 8. Temporary or seasonal sales 9. Financial services; 10. Health care services; 11. Offices; 12. Small scale manufacturing; 13. Temporary offices 14. Personal services; 15. Light repair services; 16. Membership organizations; 17. Horticultural specialties 18. Schools --business and vocational 19. Business support services, where all areas of use are located within a building; 20. Farm equipment and supplies (indoor only); 21. Funeral services; 22. Schools 23. Utility service center; 24. Libraries and museums; 25. Temporary events r) The conditional uses will be consistent with those listed for the underlying Commercial Retail zone. s) All residential and commercial uses shall be consistent with the requirements of the underlying zoning district except as allowed by the Master Plan of Development. All trees shown to be protected on the approved Master Plan of Development shall be maintained. Any future tree removal shall require approval per the requirements set forth in the Atascadero native Tree Ordinance. ITEM NUMBER: 4 DATE: 1-17-06 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: 4 DATE: 1-17-M; ATTACHMENT 8: Draft Resolution PC 2006-0004 Approval of Proposed Zoning Map Change DRAFT RESOLUTION PC 2006-0004 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2005-0105, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 029-271-001 FROM CR (COMMERCIAL RETAIL) TO CR/RMF- 16/PD-26 (COMMERCIAL RETAIL/RESIDENTIAL MULTI -FAMILY — 16/PLANNED DEVELOPMENT OVERLAY #26) (4705, 47119 4713 El Camino Real / JRW Group) WHEREAS, an application has been received from JRW Group, Inc. (1900 Spring Street, Paso Robles, CA 93446) Applicant, and Arthur and Mary Jazwiecki, (P.O. Box 547, Atascadero, CA 93423), Property Owners, to consider a project consisting of a General Plan Amendment from GC (General Commercial) to GC/HDR (General Commercial/Residential High Density Residential -16) and Zone Change from CR (Commercial Retail) to CR/RMF- 16/PD-26 (Commercial Retail/Residential Multi -Family -16 with Planned Development Overlay #26) with a corresponding Master Plan of Development and Vesting Tentative Tract Map on a 1.71 -acre site located at 4705, 4711, and 4713 El Camino Real (029-271-001); and, WHEREAS, the Planning Commission has recommended that the site's current General Plan Designation be changed from GC (General Commercial) to GC/HDR (General Commercial/High Density Residential); and, WHEREAS, the site's current zoning district is CR (Commercial Retail); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0063 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, ITEM NUMBER: 4 DATE: 1.1 MR WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on January 17, 2006, studied and considered Zone Change 2005-0105, 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 CR/RMF-16/PD-26. 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 17, 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: Zone Map Amendment Diagram ITEM NUMBER: 4 DATE: 1-17-06 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 Exhibit A: Zone Map Amendment Diagram BUILDING 'C' BigLDING'A'_ W ITEM NUMBER: 4 DATE: 1-17-06 rILDING 'D' � Residential Multi - Family -16 / PD -26 (0.92 Acres) 6 V S ITE PLAN..a Existing Desi nag tion: -Commercial Retail Proposed Designation: - Commercial Retail /PD -26 - Residential Multi -Family -16 / PD -26 Commercial Retail / PD -26 (0.79 Acres) -_ : PARKING TABLE ATTACHMENT 9: Draft Resolution PC 2006-0005 Approval of Proposed Master Plan of Development DRAFT RESOLUTION PC 2006-0005 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2005-0170 (MASTER PLAN OF DEVELOPEMNT) ON APN 029-271-001 (47059 47119 4713 El Camino Real / JRW Group) WHEREAS, an application has been received from JRW Group, Inc. (1900 Spring Street, Paso Robles, CA 93446) Applicant, and Arthur and Mary Jazwiecki, (P.O. Box 547, Atascadero, CA 93423), Property Owners, to consider a project consisting of a General Plan Amendment from GC (General Commercial) to GC/HDR (General Commercial/Residential High Density Residential -16) and Zone Change from CR (Commercial Retail) to CR/RMF- 16/PD-26 (Commercial Retail/Residential Multi -Family -16 with Planned Development Overlay #26) with a corresponding Master Plan of Development and Vesting Tentative Tract Map on a 1.71 -acre site located at 4705, 4711, and 4713 El Camino Real (029-271-001); and, WHEREAS, the Planning Commission has recommended that the site's General Plan Designation be changed from GC (General Commercial) to GC/HDR (General Commercial/High-Density Residential); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from CR (Commercial Retail) to CR/RMF-16/PD-26 (Commercial Retail/Residential Multi-Family-16/Planned Development Overlay #26); and, WHEREAS, the PD -26 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 2005-0063 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on January 17, 2006, studied and considered the Conditional Use Permit 2005-0170 (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 -26 Overlay Zone; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 6. The Master Plan of Development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area; 7. Benefits derived from the Master Plan of Development and PD -26 overlay zone cannot be reasonably achieved through existing development standards or processing requirements; and, 8. That the project does not include the standard Council -required landscape buffering adjacent to single-family residential zoned properties which occurs on the north side of the project site. SECTION 2. Findings for Approval of Tree Removal. The Planning Commission finds as follows: 1. The trees are obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: ■ Early consultation with the City; ■ Consideration of practical design alternatives; ■ Provision of cost comparisons (from applicant) for practical design alternatives; ■ If saving tree eliminates all reasonable uses of the property; or ■ If saving the tree requires the removal of more desirable trees. SECTION 3. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on January 17, 2006, resolved to recommend that the City Council approve Conditional Use Permit 2005-0170 (Master Plan of Development) and Tree Removal Permit subject to the following: 1. EXHIBIT A: 2. EXHIBIT B: 3. EXHIBIT C: 4. EXHIBIT D: 5. EXHIBIT E: 6. EXHIBIT F 7. EXHIBIT G: 8. EXHIBIT H: 9. EXHIBIT I: 10. EXHIBIT J: 11. EXHIBIT K: Conditions of approval / Mitigation Monitoring Program Master Plan of Development/Site Plan Landscape Plan Elevations Building A Composite Plan Building B Composite Plan Building C Composite Plan Building D Composite Plan Grading & Drainage Plan Tree Resource Assessment 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 -26 Master Plan of Development (GPA 2005-0015/ZCH 2005-0104/ZCH 2005-0106/CUP 2005-0170) Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services EI Camino Court License FD: Fire Department PD -26 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 Planning Services 1. The approval of this zone change and use permit shall become final and FM PS effective following City Council approval. 2. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2005-0104 and ZCH 2005-0105 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority to BP/FM PS, CE approve the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council. 4. Approval of this Conditional Use Permit shall be valid for twelve (12) BP/FM PS months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 5. The applicant shall defend, indemnify, and hold harmless the City of Ongoing PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision 6. All subsequent Tentative Map and construction permits shall be BP/FM PS, CE consistent with the Master Plan of Development contained herein. 7. All exterior elevations, finish materials and colors shall be consistent BP PS with the Master Plan of Development as shown in EXHIBIT B through K with the following modifications: ■ All exterior material finishes (siding, trim, doors, windows, light fixtures, garage doors) shall be durable, high quality, and consistent with the architectural appearance. ■ Side and rear residential elevations shall match the color, architectural detail, materials, window and door detail, roof eaves, trellis elements, balconettes, iron accents, and shutter accent Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services EI Camino Court License FD: Fire Department PD -26 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 elements of the proposed front elevations, as conditioned. ■ Decorative iron accents as shown on the proposed elevations shall be of architectural quality. ■ Pre -cast architectural ornaments from manufactured stone or similar shall be placed in front building elevation A and B roof gable area of as identified on Building Exhibit D, subject to staff approval. ■ Vinyl frame windows and grids shall be taupe or beige in color, subject to staff approval. ■ All trash storage, recycle storage, and air conditioning units shall be screened from view behind architecturally compatible or landscaped enclosures. ■ Any proposed exterior street, pedestrian, or building mounted light fixtures shall be of architectural grade and design and shall be compliment the architectural style, subject to staff approval. ■ As proposed by the applicant, stucco siding shall be smooth troweled on buildings A and B (front buildings along EI Camino Real), and may be smooth sand finish or similar finish on Buildings C and D (rear buildings). ■ Tile roofs shall be architectural grade per Exhibit K. 8. Metal car port structures shall be of simple high-quality design and BP PS, BS material and be of color(s) to match or compliment the proposed on-site building body colors, subject to staff approval. 9. All site work, grading, and site improvements shall be consistent with BP/FM PS, BS, CE the Master Plan of Development as shown in EXHIBIT B though I. 10. A final landscape and irrigation plan shall be approved prior to the BP PS, BS issuance of building permits and included as part of site improvement plan consistent with EXHIBIT C, and as follows: ■ All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. ■ All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site. ■ London Plane street trees shall be provided along EI Camino Real at a maximum spacing of 30 feet on center per Exhibit C. ■ Proposed landscape plant materials shall include the primary use of native and drought -resistant trees, shrubs and groundcovers, Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services EI Camino Court License FD: Fire Department PD -26 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 subject to staff approval. ■ Street and open space trees shall be minimum 15 -gallon size and double staked. ■ Increase the tree planting in areas adjacent to single-family residential along the northern portion of the project site to create a visual landscape screen between the properties. ■ In order to meet the 25% landscape code requirement, the proposed decorative paving entry shall be applied on-site in the following areas: At the project entry of EI Camino Real to the central open space parking area; and at the two "crosswalk" areas within the parking lots. Decorative pavement location, color and style are subject to staff approval. 11. All project fencing shall be installed consistent with EXHIBIT B and C GP/BP PS subject to the following modifications: ■ A solid masonry wall of not less than six (6) feet in height shall be placed and maintained on interior lot lines abutting property zoned for single family residential use. Colors and materials of walls and any other fencing shall be of architectural quality and match or compliment proposed buildings, subject to staff approval. 12. Final selection of colors and materials identified in EXHIBIT I shall be GP/BP PS subject to staff approval. 13. Affordable Housing Requirement: The applicant shall deed restrict the GP/BP PS, CA following minimum residential units for 45 years, prior to or concurrently with the final map, as follows: ■ 6 units at the low-income rate. All units shall be distributed throughout the project, subject to staff approval. 14. Workforce Housing: Prior to recordation of final map, the applicant shall BP PS, CA enter into a legal agreement with the City to reserve 1/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services EI Camino Court License FD: Fire Department PO -26 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 City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved; and The City Attorney shall approve the final form of the agreement. 15. Any future development signage shall be architecturally compatible with BP PS the proposed buildings. All future signage shall be subject to the review and approval of planning staff. No signage shall be placed above the first floor roofline. No signage shall be permitted facing the proposed residential uses. 16. An accurate Tree Protection Plan shall be prepared for encroachment GP/BP PS within the drip line of native trees located on or adjacent to the subject parcel. The applicant will contract with a certified arborist to monitor all activity within the drip lines of existing native oak trees. 17. The emergency services and facility maintenance costs listed below BP PS shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 18. All tract maintenance costs listed below shall be 100% funded by the BP PS project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. a All streets, bridges, sidewalks, streetlights, street signs, roads, Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services EI Camino Court License FD: Fire Department PO-26 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 emergency access roads, emergency access gates, and sewer mains within the project. b) All parks, trails, recreational facilities and like facilities. c) All open space and native tree preservation areas. d) All drainage facilities and detention basins. e) All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. f) All frontage landscaping and sidewalks along arterial streets 19. Prior to final map, the applicant shall submit CC&Rs for review and BP PS, BS approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping. b) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. c) Individual unit's responsibility for keeping all trash receptacles within the unit's designated area. d) A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. 20. Approval of this permit shall include the removal of 3 Native Oak Trees, BP PS, BS totaling 74 inches dbh. The applicant shall be required to pay mitigation fees or provide replantings on-site per the requirements of the Atascadero Native Tree Ordinance. Any additional removals shall be subject to Planning Commission approval. 21. Sit down eating and drinking establishments, restaurants, and similar Ongoing PS uses of high parking demand not listed in the permitted or conditionally permitted uses of PD-26 may not be permitted on the project site per the project shared parking program. 22. The mixed-use (residential/commercial) buildings shall be constructed BP PS, BS before or simultaneously with the residential portion. Buildings with commercial use shall be permitted first and the first permit to be finaled in the project shall be these mixed-use building permit(s). Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services EI Camino Court License FD: Fire Department PO -26 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 23. Shared parking program shall be managed by an on-site manager. On- BP PS, BS site parking shall identify a minimum of one full-size covered parking space for each residential unit. Shared parking spaces shall be located adjacent to Buildings A and B (Mixed -Use Buildings) and shall be available for commercial space use and residential guests. Parking signage shall be placed on-site directing visitors and commercial use patrons to the appropriate parking space locations. City Engineer PROJECT SPECIFIC CONDITIONS Drainage: 24. The applicant shall provide on-site storm water detention in accordance BP, GP CE with City Engineering Standards. Plans and supporting calculations will be reviewed at the time of grading permit application submittal. Public Improvements and Maintenance: 25. San Anselmo Road shall be improved from the southwesterly exit BP, GP CE from the K -Mart plaza to the intersection of San Anselmo and Highway 101. Existing pavement on the northerly side of San Anselmo shall be widened to provide for a 6' median, two 12' lanes, a 4' bike lane, and City standard curb, gutter, and sidewalk. 26. Full frontage improvements shall be required on EI Camino Real. BP, GP CE Improvements shall match those on either side of the project to provide for a smooth curb, gutter, and sidewalk alignment. FM CE 27. The applicant must provide for the repair and maintenance of on-site shared improvements. This includes roads, sidewalks, street trees, streetlights, private sewer system, drainage facilities, recreation areas and common landscaping. The two methods that may be used are: a. Homeowners Association. This private organization would be responsible for the maintenance, repair and replacement of the facilities. b. Assessment District and Landscape and Lighting District. Funds for the maintenance, repair and replacement of the facilities would be collected on the property tax bill and distributed to the City. The City Engineer and City Attorney shall approve the final form prior to recordation. Sanitary Sewer: 28. All onsite sewer mains shall be privately owned and maintained. BP, GP WW Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services EI Camino Court License FD: Fire Department PO -26 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 29. Prior to recording the final map, provisions for the repair and BP, GP WW maintenance of the private SS shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private sewer and structures, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. 30. Applicant shall pay sewer extension (Annexation), Connection and BP, GP WW Reimbursement fees (if applicable) upon issuance of building permit. 31. Gravity mains within the subdivision shall be sized according to City BP, GP WW Standards. 32. Drainage piping serving fixtures which have flood level rims located BP WW below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve 33. All sanitary sewer (SS) mains shall terminate in manholes unless BP WW extension of the main, at some later date, is anticipated. If extension of a SS main is anticipated, said SS main may terminate in a cleanout providing the next downstream manhole is less than 300 linear feet from the cleanout and that the point of termination is not a reasonable location for a SS main angle point or intersection STANDARD CONDITIONS 34. In the event that the applicant is allowed to bond for the public BP, GP CE improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 35. An engineer's estimate of probable cost shall be submitted for review FM CE and approval by the City Engineer to determine the amount of the bond. 36. The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map. 37. All public improvements shall be constructed in conformance with the BP CE City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 38. The applicant shall enter into a Plan Check/Inspection agreement with BP, GP CE the City. 39. The applicant shall be responsible for the relocation and/or alteration of BP, GP CE existing utilities. 40. The applicant shall install all new utilities (water, gas, electric, cable TV FM CE and telephone) underground. Utilities shall be extended to the property Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services EI Camino Court License FD: Fire Department PD -26 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 line frontage of each lot or its public utility easement. 41. The applicant shall monument all property corners for construction BP, GP CE control and shall promptly replace them if disturbed. 42. The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer The applicant shall enter into a Plan Check/Inspection agreement with the City The applicant shall be responsible for the relocation and/or alteration of existing utilities The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 43. A preliminary subdivision guarantee shall be submitted for review in FM CE conjunction with the processing of the parcel map. 44. All existing and proposed utility, pipeline, open space, or other FM CE easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 45. Prior to recording the tract map, the applicant's surveyor shall set FM CE monuments at all new property corners or shall indicate, by certificate on the final map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 46. Prior to recording the tract map, the applicant shall have the map FM CE reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company, which indicates their review of the map. The letter shall identify any new easements, which may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 47. Upon recording the final map, the applicant shall provide the City with a FM CE black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 48. Prior to the final inspection of any public improvements, the applicant BP CE shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services EI Camino Court License FD: Fire Department PD -26 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 plans. Mitigation Measures Exhibit A Timing Responsibility Mitigation /Monitoring Measure Mitigation Monitoring Program EI Camino Court- General Plan Amendment 2005-0015 / Zone Change GP: Grading Permit BP: Building Permit PS: Planning Services BS: Building Services 2005-0104 / Zone Change 2005-0105/ Conditional Use Permit 2005-0170/ TO: Temporary FD: Fire Department TTM 2005-0076 occupancy PD: Police Department FI: Final inspection CE: City Engineer FO: Final Occupancy WW: Wastewater 4705, 4711, 4713 EI Camino Real CA: City Attorney AMWC: Water Comp. Mitigation Measure 1.c.1: The following landscape mitigations shall BP BS, PS, CE 9.c.1 apply: ■ Fencing shall be complimentary in color and material to the proposed architectural theme. ■ The project landscaping shall include street trees along EI Camino Real street frontage. ■ All proposed trees shall be shade trees of 15 -gallon minimum size and shall be double staked. Mitigation Measure 1.c.2: The proposed buildings shall include the use BP BS, PS, CE 1.c.2 of earth tone paint and roof colors. Mitigation Measure 1.d.1: If exterior parking lot lighting is proposed, it BP BS, PS, CE 1.d.1 shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminary pole height shall not exceed 14 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the site. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to comply BP, GP BS, PS, CE 3.b.1 with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel Non -taxed version suitable Conditions of Approval / Mitigation Monitoring Program EI Camino Court PO -26 Master Plan of Development Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. ■ Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency will be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas shall be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that designated for reworking at dates greater than one month after initial grading shall be sown with a fast -germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved shall be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leavin the Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services EI Camino Court License FD: Fire Department PO -26 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 site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.e.1: Grading and excavation and grading work BP PS, BS 4.e.1 shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 13. All existing trees outside of the limits of work shall remain. 14. Earthwork shall not exceed the limits of the project area. 15. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 16. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 17. All trees within the area of work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 18. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 4.e.2: All recommendations contained within the BP PS, BS 4.e.2 project arborists report prepared by Tree Resources Assessment, Barbella's Tree Service shall be applied to the proposed project in terms of each native tree proposed for removal and each tree within the project area subject to potential impact. All native tree impact/replacements shall be per the Atascadero Municipal Code Section 9-11.105. Mitigation Measure 4.e.3: The developer shall contract with a certified BP PS, BS 4.e.3 arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining an arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services EI Camino Court License FD: Fire Department PO -26 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 inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c) As specified by the arborist report and City staff: • Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of % inch granite covered with one -inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one -foot by one -foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction - related tree protection measures are no longer required for tree protection. Mitigation Measure 4.e.4: All tree removals identified in the Tree BP PS, BS 4.e.4 Resources Assessment, dated 7/19/05 shall be mitigated as prescribed by the Atascadero Native Tree Ordinance. Mitigation Measure 5.b.1: Design an appropriate Phase II archaeological GP PS, BS, CE 5.b.1 sampling strategy. Mitigation Measure 5.b.2: Monitoring of all earth disturbance by a GP PS, BS, CE 5.b.2 qualified subsurface archaeologist and native monitor during construction activities. Mitigation Measure 5.b.3: Cultural soils must remain on site of they are GP PS,BS,CE 5.b.3 moved and/or disturbed. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services EI Camino Court License FD: Fire Department PO -26 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 Mitigation Measure 6.b.1: The grading permit application plans shall BP, GP PS, BS, CE 6.b.1 include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.1: A soils report shall be required to be submitted BP,GP PS,BS,CE 6.c.1 with a future building permit by the building department. Mitigation Measure 7.b.1: Per the Phase I Environmental Site BP PS 7.b.1 Assessment, further investigation of the former commercial building area is necessary to better determine if the site had been adversely impacted by previous auto garage or painting use Mitigation Measure 8.e.f.1: The developer is responsible for ensuring GP PS, BS, CE 8.0.1 that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders Mitigation Measure 11.d.1: All construction activities shall comply with BP, GP PS, BS, CE 11.d.1 the City of Atascadero Noise Ordinance for hours of operation, and as follows: Construction activities shall be limited to the following hours of operation: 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors may modify the hours of construction. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. Staff shall approve the details of such a sign during the Gradin Plan/Building Permit review process. Conditions of Approval / Mitigation Monitoring Program EI Camino Court PD -26 Master Plan of Development Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure BP, GP PS, BS, CE 13.1 Mitigation Measure 13.1: Project Road and Landscape Maintenance and Emergency Services Funding: The emergency services and road maintenance costs of the project shall be 100% funded by the project in perpetuity. The service and maintenance cost may be funded through a benefit assessment district or other mechanism established by the developer subject to City approval. The funding mechanism must be in place prior to or concurrently with acceptance of the any final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds and the coordination and performance of maintenance activities shall be by the City a) All Atascadero Police Department service costs to the project. b) All Atascadero Fire Department service costs to the project. c) All streets, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. d) All parks, trails, recreational facilities and like facilities. e) All open space and native tree preservation areas. f) All drainage facilities and detention basins. g) All common landscaping areas, street trees, medians, parkway planters, manufacture slopes outside private yards, and other similar facilities. h) All drainage facilities and detention basins. i) All common landscaping areas, street trees, medians, parkway planters, manufacture slopes outside private yards, and other similar facilities. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services EI Camino Court License FD: Fire Department PD-26 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 Mitigation Measure 15.a: The project shall widen west bound San BP PS, BS, CE 15.a Anselmo, between the US 101 north bound on-ramp and the K-mart driveway, to provide a landscaped median, two west bound lanes and a bike lane. This work will require approval by Caltrans. This improvement will provide a dedicated lane for traffic entering the US 101 north bound on ramp, which will improve the operation of the US 101 north bound off ramp and east and west bound San Anselmo. This project is required to pay Development Impact Fee per the Circulation System of Atascadero. The design and construction of these improvements is eligible for credit to the fees. The actual design and construction costs must be submitted to the City for credit. Administration of designing, approval and construction of these improvements is not eligible for credit to the fees. EXHIBIT B: Master Plan of Development/Site Plan u W ac CAMINO REAL D4LA I� ■ tea. H N I ■ � � V i. CAMINO REAL EXHIBIT C: Landscape Plan rr U 111MUM. P 11 I 1911S rc m EXHIBIT E: Building A Composite Plan EXHIBIT F: Building B Composite Floor Plan THIRD - LUUK BUILDING 'B' r COMPOSITE PLAN Q EXHIBIT G: Building C Composite Plan EXHIBIT H: Building D Composite Plan 2 3 4Q 5 2 Q) 4 5 A rw�m„ . SIM �m zm� � D D — SECOND FLOOR THIRD FLOOR t 2 s 4 5 s A g Karam us�mor coati r C ammo :+a�maY ®eoai D GROUND FLOOR BUILDING 'D' COMPOSITE PLANS EXHIBIT I: Grading and Drainage Plan CONCEPT GRADING SITE PLAN-... t7"" EXHIBIT J: Tree Resource Assessment is 0 TREE RESOURCES ASSESSMENT • FOR THE MMD USE DEVELOPMENT 4705, 4711 and 4713 El Camino Real Atascadero, California Assessor's Parcel 029-271-001 INTRODUCTION Barbella's Tree Service conducted a tree assessment for the 1.71 acre El Camino Real project site, located in the city of Atascadero, California. The site is located in San Luis Obispo County, south of Valdez Avenue on El Camino Real, in the Coastal Range at an elevation between 922 and 955 feet based upon the basis of elevation benchmark found at the northeast corner of El Camino Real and East Mall, having and elevation of 100.00 NAVD88. Five existing structures were found on the property (refer to the enclosed Topographic Survey, Figure 2). According to the developer, these existing structures are scheduled for demolition within the next few weeks. The majority of the project site is currently an undeveloped property surrounded by residences on two sides (northwest and northeast) and a commercial shopping • center along its southeast border. The southwestem property boundary parallels EI Camino Real, and U.S. Highway 101 (refer to the location map, Figure 1). The site slopes gently from rear to front at 5 to 100/6 gradients. REGULATORY FRAMEWORK The City of Atascadero's Native Tree Regulations (Title 9, Chapter 1 I of the Atascadero Municipal Code) includes native the protection of trees with a diameter at breast height (dbh) of at least two (2) inches for deciduous native oaks, California Sycamore (Plautus Racemosa Nutt) and madrones (Arbutus Menziesit), or four (4) inches dbh or greater for all other protected native trees. The Ordinance is in effect to promote the preservation, maintenance and regeneration of natural flora and fauna which enhance the community of Atascadero. Removal of trees meeting the above criteria are regulated by this ordinance, and require the development of a tree protection plan for new development which may impact native trees. METHODOLOGY Field Assessment A field survey of the site was conducted during a site visit by Barbella's Tree Service arborist during June, 2005. Tree location survey data was provided by Wilson Land Surveys (refer to 0 61 Camino Court Mixed Use Development pw i 0 0 • Figure 2), and confirmed while on-site by John Barbells. The trees were located, measured and evaluated. 0 We confirmed data for each regulated tree indicated on the survey, noting the following information: ♦ species ♦ diameter(s) at breast height (4.5 feet above root crown) ♦ dripline radius (feet) ♦ health and vigor (poor, fair or good) ♦ structure (poor, fair or good) In addition, notes regarding location and general observations were also recorded. This data was summarized into a spreadsheet and are presented as Appendix A. Data The Vincent Company, Architects provided to Barbella's Tree Service a property survey, which included the existing structure and tree locations (Figure 2). Additionally, a conceptual site design was provided, which included the locations of existing trees to be preserved, and identified proposed impositions on the drip lines of the trees to remain. Tree assessment information from our field assessment was entered into a spreadsheet for summery and statistical purposes. RESULTS Vegetation Two habitat types occur on the property: Oak woodland and annual grassland. Annual grassland: The majority of the project site contains annual grassland habitat. Most of this habitat consists of ruderal species common on disturbed sites. Dominant species include native grasses, soft chess, vetch, rose clover, yellow star thistle, and wild oat. Non-native plantings, including corn, were present in the northeast corner of the site. Oak woodland: The project site contains several large examples of native Coastal Live Oaks (Quercus Agrifolia), with drip lines exceeding 70 feet in diameter. The major trees are located in the center front half of the site, and are identified as trees A, B, C, D and E on the Topographic Survey (Figure 2). Additionally, a Chinese Elm (Ulmus Parvifolia) and several non-native trees were found on-site. The oak woodland understory consists of a variety of the same grasses and forbs found within the annual grassland areas. Tree Data The site as evaluated included thirteen trees, of which five were considered to be native (Quercus Agrifolia, Coastal Live Oaks). The evaluation was limited to the native trees, with the addition of • Ll Camino Court Mixed Use Development Pyle 2 0 0 • one considered non-native (Imus Parvifolia, Chinese Elm) as it is of size and quality that it may be considered for preservation. The remaining seven trees found on-site include non-native trees such as pines, and are considered outside of the City of Atascadero Native Tree Ordinance. As such, these trees are considered removable without mitigation, however, the developer may want to consider preservation of the trees not in the area of development as they exhibit reasonable health and structure and would be an asset for the proposed development. 0 The five native trees were located, measured and evaluated. Four of the oaks ( trees A, B, C and E ) are single trunk trees, with only one tree ( tree D) considered a multi -trunk tree ( refer to Figure 2 for locations). Single trunk diameters range from 27 to 34 inches, with drip lines ranging from 48 to 85 feet in diameter. Multi -trunked tree diameters range from 18 to 28 inches, with a drip line of 58 feet in diameter. The Chinese Elm (tree F) is a single trunk tree, 16 inches in diameter, with a 24 foot drip line diameter. Health, Vigor, Structure All five of the native trees (100%) were assessed to be in good health and have good structure. In regards to the health and vigor, only tree F was rated as fair, with all remaining trees rated as good. The majority of the problems with individual trees include crowned and suppressed growth form, poor branching structure, and issues relating to proximity to buildings proposed for demolition and associated work. CONCLUSION & RECOMMENDATIONS In evaluating the trees and reviewing the proposed development, it appears that the most significant examples of the Coastal Live Oak ( trees A, B and C) are excellent candidates for preservation. Due to their location adjacent to buildings to be demolished, it appears that trees D and E will likely sustain damage to their root systems due to heavy equipment and excavations which makes them less likely to survive the development. On this basis, these trees may require removal and mitigation measures as noted in the City of Atascadero Native Tree Ordinance. Other non-native trees (especially in the northeast corner of the site) fall into areas of the development where they may be retained, however, this will depend largely on grading operations required for the development. In regards to specific recommendations for this development, they are as follows: At trees A and B, grading will not be permitted within a 20'-0" radius of the base of each tree. Cuts required adjacent to these zones shall be reviewed by the arborist prior to commencing the work. The addition of any fill to raise grades within this zone is prohibited. ♦ At tree C, the existing adjacent grade shall be maintained for a distance of at least 12 feet from the property line. Retaining walls shall be installed where cuts are required outside of the 12 foot limit, with french drains installed at the base to prevent the accumulation of • EI Camino Court Mixed Use Development Page 3 El 0 0 0 moisture in the root zone. At the cut for the retaining wall, proper root pruning by an arborist is required for all roots one inch diameter and larger. ♦ Adequate barriers / protection shall be provided at trees to be preserved to keep heavy equipment from driving over the roots within the drip line of each tree. The arborist shall be consulted in establishing the limits of these protection measures. ♦ Tree pruning for trees A, B and C shall remove dead wood only. The canopy shall not be thinned, however, lower branches may be trimmed up to allow for vehicular and pedestrian traffic. ♦ Landscaping under the canopy of trees to be preserved shall utilize native plants where possible, and shall incorporate non -watering landscape techniques. Large, 6 inch diameter river rock may be used at the base of the trees to protect trunks. Areas under the canopy may be provided with either crushed walk (DG) or wood chip mulch to provide weed control and water retention. ♦ Walkways and seating areas under the canopy may be provided. Interlocking pavers with sand filled joints (to allow natural drainage) shall be provided for these uses. Cast -in-place concrete is not acceptable. 1:1 ('amino Cour) Mixed I se Dr, elopmenl Pape 4 0 a n LA FIGURE 1 : SITE LOCATION MAP 441 � j oyo Aw - \16 A Rome", Fir p Ln �7 0 0 • a 0 N N a) 00 a C O L C O L C C m C C m C C m f0 w (0 w 06 C N0 Fu C O N _O Z O O ZE' E O (Op OE Q. N fl N _p E p o.n m UT, a o E m c n s- n m� a ma n ,- a mmTmm�nm , mn° o om no amo m-a m - mmmME -o o) mm T9 nm@� m1.31 am>) o a)m 2 o Eo YYNa ,- -0 0 p pmQm m0m m m 0 ` m C L N C L N C L N L_ L_ 3 O m 3 in 3 m N 3 in c m.o 3 3 c m.o 3 2 c m.o E o L m N� j s N m L m m N E Co r E m c E m c_ U cc o T p U? c o p c o V Za Z� Zmn E�2 °E .2 0-) .4E��0) Q) (D = Y N = Y N m N m N N T.0 m Q) N r N N— 0 N m _T N U N N U N (0 J Q. O .`-. J Q. O --. m T J Q. n «L. O a) a) J. .`m Y� J L� Y � (D -jY � -o 0 10 00 -o 00 a 00 -o 00 --a� m O O O CD O LL o 0 a 0 -0 0 a 0 a 0 0 (� Cpl 0 (� h L O (3) O rn O M co u7 00 V '� M C h d iz O I-- O r O V O (O O co O C9 ti` N N M V N zz C` C coO N C ti O O O O O O Z r N r N v M ao 00 (N m N N N N N O U a� U 0 U (L) U a`) U (D m o - y O O O C7 C7 N E N N N N N D O O O O O > Q) 4) (1) i E J ^ J ^ J ^ J J ^ W m .@ m m .!2 m '`0 m '`0 a) y 0 N O i O y 0 O () m e O 01 m e O m m e 0 0) m z O 0) m e O 0) c L UQ UQ UQ UQ C)< C) u Q m U W LL EL CAMINO REAL SITE PLAN <frr UST i 6s ie a usuz 6nn —' _�- NON NATIVE NN W. LOT 65 ETREES \ rC\\ \ \ \ \\ LOt66A, \ \ \ \ \\ \\\\\\\\ \ \lrLO \\ \ \\ \\ \ *\A v odaita \ � \ \`\ `\ \ Da6nlo ewnnc am ar \\ \ \\ \,\ \\ \ \ \ v'All \ Ir1Rv \ \ \\ \ / \ \ - Da61M6 RA41 BIWOtN ANO. lo V LOT 66 NON NATIVE TREES ��; } / D061M0 BtMGH6 \ \: 1E UNDERGROUND UTILITIES AD BASED ONEOTHEMARKINGS MADE MERE MAY DE OTHER ' : .00 WRft ro 606-Ia6- AT EIOST ON MIS 9TE THAT AlAaYAD1'A0, a aoa-6a-0 ILAN. CLE DEFINED I THE TIME OF THE SURVEY \ \ \\ Sr I'm ON THIS PLAN. \ i"��t �'"�""9 ( rr. rw ^ THE \ ENFOR 71-%IS SURVEY I- AT AT THHNORTHEE NORTHEAST —ERC AND EAST MALL HAVING AN ELEVAII[ EXHIBIT K: Color Samples PROPOSED EXTERIOR COLORS FOR: EL CAMINO COURT MIXED USE .DEVELOPMENT COLOR SCHEME 'A' ROOFING MATERIAL: SPANISH PROFILE CONCRETE TILE MANUFACTURER: MONIER - LIFETILE COLOR NO. 2BCCS6464 "CALIFORNIA MISSION BLEND" BASE COLOR (GROUND FLOOR WALLS MATERIAL: PAINT MANUFACTURER: SHERWIN WILLIAMS COLOR. SW 6001 "GRAYISH" _BODY COLOR: MATERIAL: PAINT MANUFACTURER: SHERWIN WILLIAMS COLOR: SW 6060 "MOROCCAN BROWN" ACCENT WALL COLOR(S): MATERIAL: PAINT MANUFACTURER: SHERWIN WILLIAMS COLOR. SW -6150 "UNIVERSAL KHAKI' COLOR: SW 6666 "ENJOYABLE YELLOW' IRON RAILINGS COLOR: MATERIAL: METAL / WOOD MANUFACTURER: SHERWIN WILLIAMS COLOR: SW 6258 "TRICORN BLACK" STOREFRONT/ TRIM COLOR: MATERIAL: PAINT MANUFACTURER: BENJAMIN MOORE COLOR: 2005-10 "RED ROCK" FASCIA COLOR: MATERIAL: PAINT MANUFACTURER: SHERWIN WILLIAMS COLOR: SW 6001 "GRAYISH" AWNING COLOR: MATERIAL: FABRIC / CANVAS MANUFACTURER: MATCH SHERWIN WILLIAMS COLOR: MATCH "CLASSIC BURGUNDY" PROPOSED EXTERIOR COLORS FOR: EL CAMINO COURT MIXED USE DEVELOPMENT COLOR SCHEME W ROOFING MATERIAL: SPANISH PROFILE CONCRETE TILE MANUFACTURER: MONIER - LIFETILE COLOR: NO. 2BCCS6464 "CALIFORNIA MISSION BLEND" BASE COLOR (GROUND FLOOR WALLS). MATERIAL: PAINT MANUFACTURER: SHERWIN WILLIAMS COLOR: SW 6001 "GRAYISH" BODY COLOR: MATERIAL: PAINT MANUFACTURER: SHERWIN WILLIAMS COLOR: SW -6150 "UNIVERSAL KHAKI' ACCENT WALL COLOR: MATERIAL: PAINT MANUFACTURER: SHERWIN WILLIAMS COLOR: SW 6060 "MOROCCAN BROWN" IRON RAILINGS COLOR: MATERIAL: METAL / WOOD MANUFACTURER: SHERWIN WILLIAMS COLOR: SW 6258 "TRICORN BLACK" TRIM COLOR: MATERIAL: MANUFACTURER: COLOR: PAINT BENJAMIN MOORE 2005-10 "RED ROCK" FASCIA COLOR: MATERIAL: PAINT MANUFACTURER: SHERWIN WILLIAMS COLOR: SW 6001 "GRAYISH" PROPOSED EXTERIOR COLORS FOR: EL CAMINO COURT MTXFD I TSF. TSFVF.T ,OPMFNT PROPOSED EXTERIOR COLORS FOR: EL CAMINO COURT MIXED USE DEVELOPMENT COLOR SCHEME 'C' ROOFING MATERIAL: SPANISH PROFILE CONCRETE TILE MANUFACTURER: MONIER - LIFETILE COLOR: NO. 2BCCS6464 "CALIFORNIA MISSION BLEND" BASE COLOR (GROUND FLOOR WALLS); MATERIAL: PAINT MANUFACTURER: SHERWIN WILLIAMS COLOR: SW 6001 "GRAYISH" BODY COLOR: MATERIAL: PAINT MANUFACTURER: SHERWIN WILLIAMS COLOR SW 6060 "MOROCCAN BROWN'' ACCENT WALL COLOR: MATERIAL: PAINT MANUFACTURER: SHERWIN WILLIAMS COLOR: SW 6666 "ENJOYABLE YELLOW" IRON RAILINGS COLOR: MATERIAL: METAL / WOOD MANUFACTURER: SHERWIN WILLIAMS COLOR: SW 6258 "TRICORN BLACK" "PRIM COLOR: MATERIAL: MANUFACTURER COLOR. PAINT BENJAMIN MOORE 2005-10 "RED ROCK" FASCIA COLOR: MATERIAL: PAINT MANUFACTURER: SHERWIN WILLIAMS COLOR: SW 6150 "UNIVERSAL KHAKI' ATTACHMENT 10: Draft Resolution PC 2006-0006 Approval of Proposed Vesting Tentative Tract Map DRAFT RESOLUTION PC 2006-0006 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE VESTING TENTATIVE TRACT MAP 2005-0076, COMMERCIAL/RESIDENTIAL MIXED USE AIRSPACE CONDOMINIUM TRACT CONSISTENT WITH A MASTER PLAN OF DEVELOPMENT ON APN 029-271-001 (47059 47119 4713 El Camino Real / JRW Group) WHEREAS, an application has been received from JRW Group, Inc. (1900 Spring Street, Paso Robles, CA 93446) Applicant, and Arthur and Mary Jazwiecki, (P.O. Box 547, Atascadero, CA 93423), Property Owners, to consider a project consisting of a General Plan Amendment from GC (General Commercial) to GC/HDR (General Commercial/Residential High Density Residential -16) and Zone Change from CR (Commercial Retail) to CR/RMF- 16/PD-26 (Commercial Retail/Residential Multi -Family -16 with Planned Development Overlay #26) with a corresponding Master Plan of Development and Vesting Tentative Tract Map on a 1.71 -acre site located at 4705, 4711, and 4713 El Camino Real (029-271-001); and, WHEREAS, the Planning Commission has recommended that the site's General Plan Designation be changed from GC (General Commercial) to GC/HDR (General Commercial/High-Density Residential); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from CR (Commercial Retail) to CR/RMF-16/PD-26 (Commercial Retail/Residential Multi-Family-I6/Planned Development Overlay #26); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0063 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 recommended that the site be rezoned to CR/RMF-16/PD-26 (Commercial Retail/Residential Multi-Family-I6/Planned Development Overlay #26) consistent with the Master Plan of Development; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject 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 17, 2006, studied and considered Tentative Tract Map 2005- 0076, 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 -26 overlay district. 2. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District #26 Master Plan of Development (CUP 2005-0170). 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 17, 2006, resolved to recommend that the City Council approve Vesting Tentative Tract Map (TTM 2005-0076) subject to the following: 1. Exhibit A: Vesting Tentative Tract Map 2005-0076 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 q Exhibit B: Conditions of Approval / Mitigation Monitoring Program Tentative Tract Map 2005-0076 Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y /Monitoring Measure GP: Grading Permit PS: Planning Services 4705, 4711, 4713 El Camino Real 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 2005-0076 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 2005-0104 and ZCH 2005-0105 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Tract Map shall be valid for two years after its FM PS effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the authority to FM PS approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The granting of this entitlement shall apply to the property located at On going PS 4750, 4711, and 4713 EI Camino Real (APN 029-271-001) regardless of owner. 5. The Final Map shall be drawn in substantial conformance with the FM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 6. The subdivider shall defend, indemnify, and hold harmless the City of FM PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 7. The Tract Map shall be subject to additional fees for park or recreation FM PS purposes (QUIMBY Act) as required by City Ordinance. 8. The emergency services and facility maintenance costs listed below BP PS shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y /Monitoring Measure GP: Grading Permit PS: Planning Services 4705, 4711, 4713 El Camino Real BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map ImpVesting FMrFnalMapovement lans PID Police nt Department CE: Cit En sneer TTM 2005-0076 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 9. All tract maintenance costs listed below shall be 100% funded by the BP PS project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. ■ All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. ■ All parks, trails, recreational facilities and like facilities. ■ All open space and native tree preservation areas. ■ All drainage facilities and detention basins. ■ All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. ■ All frontage landscaping and sidewalks along arterial streets. 10. Prior to recordation of final map, the project applicant shall enter into BP PS an agreement with the City of Atascadero to pay any future reimbursement fees associated with off-site circulation improvements made to the Santa Rosa / US 101 interchange and frontage roads. The amount of reimbursement shall be determined by a traffic study that demonstrates a nexus for all parcels included in the reimbursement area. 11. Deed notification shall be applied to each of the new lots, notifying BP PS homeowners that adjacent residential lots may be used for agricultural purposes, including keeping of livestock animals, facilities, and equipment. Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y /Monitoring Measure GP: Grading Permit PS: Planning Services 4705, 4711, 4713 El Camino Real BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map ImpVesting FMrFnalMapovement lans PID Police nt Department CE: Cit En sneer TTM 2005-0076 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 12. Prior to final map, the applicant shall submit CC&Rs for review and BP PS approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping. b) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. c) Individual unit's responsibility for keeping all trash receptacles within the unit's garage. d) A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. 13. Affordable Housing Requirement: The applicant shall deed restrict the GP/BP PS, CA following minimum residential units for 45 years, as follows: ■ 6 units at the low-income rate. All units shall be distributed throughout the project, subject to staff approval. 14. Workforce Housing: Prior to recordation of final map, the applicant shall BP PS, CA enter into a legal agreement with the City to reserve 1/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved; and The City Attorney shall approve the final form of the agreement. 15. At the time of submittal for Final Map and prior to recordation of Tract FM PS 2817, a full size exhibit shall be submitted locating all footprints of the individual buildings. Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y /Monitoring Measure GP: Grading Permit PS: Planning Services 4705, 4711, 4713 El Camino Real BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map ImpVesting FMrFnalMapovement lans PID Police nt Department CE: Cit En sneer TTM 2005-0076 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 16. At the time of submittal for Final Map and prior to recordation of Tract FM PS/CE 2817, a condominium plan shall be submitted for review and approval by the Community Development and Public Works Departments. City Engineer STANDARD CONDITIONS 17. In the event that the applicant is allowed to bond for the public BP, GP CE improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 18. An engineer's estimate of probable cost shall be submitted for review FM CE and approval by the City Engineer to determine the amount of the bond. 19. The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map. 20. The applicant shall enter into a Plan Check/Inspection agreement with FM CE the City. 21. A six (6) foot Public Utility Easement (PUE) shall be provided 13P, GP CE contiguous to the EI Camino Real property frontage. 22. The applicant shall acquire title interest in any off-site land that may be BP, GP 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. 23. Slope easements shall be obtained by the applicant as needed to FM CE accommodate cut or fill slopes. 24. Drainage easements shall be obtained by the applicant as needed to FM CE accommodate both public and private drainage facilities. 25. A preliminary subdivision guarantee shall be submitted for review in FM CE conjunction with the processing of the parcel map. 26. The final map shall be signed by the City Engineer prior to the map FM CE being placed on the agenda for City Council acceptance. 27. Prior to recording the parcel map, the applicant shall pay all outstanding FM CE plan check/inspection fees. 28. Prior to recording the map, the applicant shall complete all FM CE improvements required by these conditions of approval. Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y /Monitoring Measure GP: Grading Permit PS: Planning Services 4705, 4711, 4713 El Camino Real BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map ImpVesting FMrFnalMapovement lans PD:PoyEnggineerce Department CE: Cit Engineer TTM 2005-0076 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 29. Prior to recording the parcel map, the applicant shall set monuments at FM CE all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 30. Prior to recording the parcel map, the applicant shall submit a map FM CE drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 31. All existing and proposed utility, pipeline, open space, or other FM CE easements are to be shown on the final/parcel map. If there are building or other restrictions related to the easements, they shall be noted on the final/parcel map. The applicant shall show all access restrictions on the final/parcel map. 32. Prior to recording the parcel map, the applicant shall have the map FM CE reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 33. Prior to the issuance of building permits the applicant shall submit plans FM CE and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. Mitigation Measures Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure El Camino Court - General Plan Amendment 2005-0015 / Zone Change 2005- GP: Grading Permit BP: Building Permit PS: Planning Services BS: Building Services 0104 / Zone Change 2005-0105/ Conditional Use Permit 2005-0170/ TTM TO: Temporary FD: Fire Department 2005-0076 Occupancy FI: Final inspection PD: Police Department CE: City Engineer FO: Final WW: Wastewater 4705, 4711, 4713 EI Camino Real Occupancy CA: City Attorney AMWC: Water Comp. Mitigation Measure 1.c.1: The following landscape mitigations shall apply: BP BS, Ps, CE 1.c.1 ■ Fencing shall be complimentary in color and material to the proposed architectural theme. Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y /Monitoring Measure GP: Grading Permit PS: Planning Services 4705, 4711, 4713 El Camino Real BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map ImpVesting FMrFnalMapovement lans PID Police nt Department CE: Cit En sneer TTM 2005-0076 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy ■ The project landscaping shall include street trees along EI Camino Real street frontage. ■ All proposed trees shall be shade trees of 15 -gallon minimum size and shall be double staked. Mitigation Measure 1.c.2: The proposed buildings shall include the use of BP BS, PS, CE 1.c.2 earth tone paint and roof colors. Mitigation Measure 1.d.1: If exterior parking lot lighting is proposed, it shall BP BS, PS, CE 1.d.1 be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminary pole height shall not exceed 14 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the site. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP, GP BS, PS, CE 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM - 10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. ■ Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: M. Reduce the amount of the disturbed area where possible. Conditions of Approval / Mitigation Monitoring Program 4705, 4711, 4713 El Camino Real Tentative Tract Map TTM 2005-0076 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision ImpVesting FMrFnalMapovement lans TO: Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsibilit y /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PID Police nt Department CE: Cit En sneer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure N. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency will be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. O. All dirt stockpile areas shall be sprayed daily as needed. P. Permanent dust control measures identified in the approved project re -vegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. Q. Exposed ground areas that designated for reworking at dates greater than one month after initial grading shall be sown with a fast -germinating native grass seed and watered until vegetation is established. R. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. S. All roadways, driveways, sidewalks, etc, to be paved shall be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. T. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. U. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. V. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. W. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. X. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.e.1: Grading and excavation and grading work shall BP PS, BS 4.e.1 be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 13. All existing trees outside of the limits of work shall remain. 14. Earthwork shall not exceed the limits of the project area. 15. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 16. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 17. All trees within the area of work shall be fenced for protection with 4 - foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 18. Any roots that are encountered during excavation shall be clean cut b Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y /Monitoring Measure GP: Grading Permit PS: Planning Services 4705, 4711, 4713 El Camino Real BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map ImpVesting FMrFnalMapovement lans PID Police nt Department CE: Cit En sneer TTM 2005-0076 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy hand and sealed with an approved tree seal. Mitigation Measure 4.e.2: All recommendations contained within the BP PS, BS 4.e.2 project arborists report prepared by Tree Resources Assessment, Barbella's Tree Service shall be applied to the proposed project in terms of each native tree proposed for removal and each tree within the project area subject to potential impact. All native tree impact/replacements shall be per the Atascadero Municipal Code Section 9-11.105. Mitigation Measure 4.e.3: The developer shall contract with a certified BP PS, BS 4.e.3 arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining an arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of % inch granite covered with one -inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one -foot by one -foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y /Monitoring Measure GP: Grading Permit PS: Planning Services 4705, 4711, 4713 El Camino Real BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map ImpVesting FMrFnalMapovement lans PID Police nt Department CE: Cit En sneer TTM 2005-0076 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Mitigation Measure 4.e.4: All tree removals identified in the Tree Resources BP PS, BS 4.e.4 Assessment, dated 7/19/05 shall be mitigated as prescribed by the Atascadero Native Tree Ordinance. Mitigation Measure 5.b.1: Design an appropriate Phase II archaeological GP PS, BS, CE 5.b.1 sampling strategy. Mitigation Measure 5.b.2: Monitoring of all earth disturbance by a qualified GP PS, BS, CE 5.b.2 subsurface archaeologist and native monitor during construction activities. Mitigation Measure 5.b.3: Cultural soils must remain on site of they are GP PS,BS,CE 5.b.3 moved and/or disturbed. Mitigation Measure 6.b.1: The grading permit application plans shall include BP, GP PS, BS, CE 6.b.1 erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.1: A soils report shall be required to be submitted BP,GP PS,BS,CE 6.c.1 with a future building permit by the building department. Mitigation Measure 7.b.1: Per the Phase I Environmental Site Assessment, BP PS 7.b.1 further investigation of the former commercial building area is necessary to better determine if the site had been adversely impacted by previous auto garage or painting use Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that GP PS, BS, CE 8.e.f.1 all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y /Monitoring Measure GP: Grading Permit PS: Planning Services 4705, 4711, 4713 El Camino Real BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map ImpVesting FMrFnalMapovement lans PID Police nt Department CE: Cit En sneer TTM 2005-0076 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Mitigation Measure 11.d.1: All construction activities shall comply with the BP, GP PS, BS, CE 11.d.1 City of Atascadero Noise Ordinance for hours of operation, and as follows: Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors may modify the hours of construction. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. Staff shall approve the details of such a sign during the Grading Plan/Building Permit review process. Conditions of Approval / Mitigation Monitoring Program 4705, 4711, 4713 El Camino Real Tentative Tract Map TTM 2005-0076 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision ImpVesting FMrFnalMapovement lans TO: Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsibilit y /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PID Police nt Department CE: Cit En sneer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure BP, GP PS, BS, CE 13.1 Mitigation Measure 13.1: Project Road and Landscape Maintenance and Emergency Services Funding: The emergency services and road maintenance costs of the project shall be 100% funded by the project in perpetuity. The service and maintenance cost may be funded through a benefit assessment district or other mechanism established by the developer subject to City approval. The funding mechanism must be in place prior to or concurrently with acceptance of the any final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds and the coordination and performance of maintenance activities shall be by the City a) All Atascadero Police Department service costs to the project. b) All Atascadero Fire Department service costs to the project. c) All streets, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. d) All parks, trails, recreational facilities and like facilities. e) All open space and native tree preservation areas. j) All drainage facilities and detention basins. k) All common landscaping areas, street trees, medians, parkway planters, manufacture slopes outside private yards, and other similar facilities. 1) All drainage facilities and detention basins. m) All common landscaping areas, street trees, medians, parkway planters, manufacture slopes outside private yards, and other similar facilities. Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services 4705, 4711, 4713 El Camino Real SIP: Subdivision FD: Fire Department Tentative Tract Map ImpVesting FMrFnalMapovement lans PID Police nt Department CE: Cit En sneer TTM 2005-0076 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Mitigation Measure 15.a: The project shall widen west bound San Anselmo, BP PS, BS, CE 15.a between the US 101 north bound on-ramp and the K -mart driveway, to provide a landscaped median, two west bound lanes and a bike lane. This work will require approval by Caltrans. This improvement will provide a dedicated lane for traffic entering the US 101 north bound on ramp, which will improve the operation of the US 101 north bound off ramp and east and west bound San Anselmo. This project is required to pay Development Impact Fee per the Circulation System of Atascadero. The design and construction of these improvements is eligible for credit to the fees. The actual design and construction costs must be submitted to the City for credit. Administration of designing, approval and construction of these improvements is not eligible for credit to the fees.