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HomeMy WebLinkAboutPC_2006-02-21_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, February 21, 2006 — 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Beraud Vice Chairperson O'Keefe Commissioner Fonzi Commissioner Jones Commissioner Kelley Commissioner Porter Commissioner Slane PLANNING COMMISSION BUSINESS 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) CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non -controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions) City of Atascadero Planning Commission Agenda Regular Meeting February 21, 2006 Page 2 of 5 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON FEBRURARY 7, 2006. 2. ACCEPTANCE OF FINAL MAP 2005-0125: 8585 SAN RAFAEL ROAD (TPM -2005-0069) COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name and address for the record and can address the Commission for five minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 3. VARIANCE 2005-0009, CONTINUTED FROM MEETING OF 2-7-06 Applicant: Eric Roy, 9186 Palomar Ave., Atascadero, CA 93422 Project Title: Variance 2005-0009 Project 9186 Palomar Ave., Atascadero, CA 93422, APN 029-201-026 Location: 6805 Sycamore Ave., Atascadero, CA 93422, APN 028-121-001 Project A variance request to allow a front yard fence to be five (5') to six (6') feet in height. Fencing within the Description: front setback is currently limited to three (3) feet in height. Project General Plan Designation: SFR -Y Description: Zoning District: RSF-Y Proposed CATEGORICAL EXEMPTION: The project qualifies for a Class 5 Categorically Exemption under the Environmental provisions of the California Environmental Quality Act, CEQA section 15305. Minor Alterations in Land Determination Use Limitations. 4. CONDITIONAL USE PERMIT 2006-0176 Owner: Atascadero Mutual Water Company, 5005 El Camino Real, Atascadero, CA 93422 Applicant: Raminha Construction, Inc., 4401 El Camino Real, Atascadero, CA 93422 Project Title: Conditional Use Permit 2006-0176 Project 6805 Sycamore Ave., Atascadero, CA 93422, APN 028-121-001 Location: General Plan Designation: Industrial Zoning District: Industrial Park Project The proposed project consists of utilizing an existing public agency equipment and storage yard for a private Description: construction business use. Yard and building improvements will remain unchanged. Visual screening along Sycamore Avenue is proposed with new drought -tolerant landscape trees, shrubs, and vinyl privacy slats within the existing chain-link fence and entry gate. Proposed As an existing facility with no building construction or significant expansion of use, the project qualifies for Environmental a categorical exemption, category 1. A notice of exemption has been prepared for the project as identified in Determination draft Planning Commission Resolution 2006-0015. City of Atascadero Planning Commission Agenda 5. CONDITIONAL USE PERMIT 2004-0146 AMENDMENT Regular Meeting February 21, 2006 Page 3 of 5 Owner: Peter Laughlin, Laughlin Development, 479 Pacific Street, Monterey, CA 93940 Applicant: Trimark Pacific Homes, 31173 Tower Rd., Visalia, CA 93292 Project Title: Amendment to Conditional Use Permit 2004-0146 Project 2705 El Camino Real, Atascadero, CA 93422, APN 049-151-008, 009, 010 Location: General Plan Designation: High Density Residential Location: Zoning District: Residential Multi -Family — 16 Project Amendment to Master Plan of Development to change 1 -car garages to 2 -car garages, eliminate retaining Description: walls, and provide streetscape architecture modifications. Proposed Consistent with previously certified Mitigated Negative Declaration. Environmental area. Determination Class le Categorical Exemption (existing facilities) of the California Environmental Quality Act. 6. CONDITIONAL USE PERMIT 2001-0043 AMENDMENT Owners: Crown Castle, 2000 Corporate Dr., South Pointe, PA 15317 Applicant: Michael Frederick, P O Box 573, Atascadero, CA 93422 Applicant: Bechtel/Cingular Wireless, 4685 MacArthur Ct. #480, Newport Beach, CA 92660 Project Title: Amendment to Conditional Use Permit 2001-0043, Telecommunications Facility Project 2850 El Camino Real, Atascadero, CA 93422, APN 049-201-040 Location: General Plan Designation: General Commercial Project Zoning District: Commercial Park Project Amendment to a Conditional Use Permit to allow for installation of an additional 6 panel antennas and Description: 12 tower mounted amplifier units on a monopine facility. There will be no net increase in land use Environmental area. Proposed Class le Categorical Exemption (existing facilities) of the California Environmental Quality Act. Environmental Determination: 7. TENTATIVE PARCEL MAP 2005-0075 Owners: Micah & Lisa Mumford, 7405 San Gabriel Rd., & Charles Inman, 7930 Santa Ysabel Ave., Atascadero Applicant: Sholders Land Surveys, 9301 Central Ave., Garden Grove, CA 92844 Project Title: Tentative Parcel Map 2005-0075 Project 9075 San Diego Road, Atascadero, CA 93422, APN 045-441-005 Location: General Plan Designation: RE (Residential Estate) Zoning District: RS (Residential Suburban) Project Minor 3 -lot subdivision on slopes of less than ten percent with a request for native tree removal. Description: Proposed Class 15 Categorical Exemption (minor land division) of the California Environmental Quality Act. Environmental City of Atascadero Planning Commission Agenda Determination COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT Regular Meeting February 21, 2006 Page 4 of 5 The next regular meeting of the Planning Commission will be on March 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 February 21, 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: 2-21-06 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, February 7, 2006 — 7:00 P.M. Vice Chairperson Beraud called the meeting to order at 7:00 p.m. and Commissioner Kelley led the Pledge of Allegiance ROLL CALL Present: Commissioners Fonzi, Jones, Kelley, O'Keefe, Slane and Vice Chairperson Beraud Absent: Chairperson Porter Staff Present: Community Development Director Warren Frace, City Engineer/Public Works Director Steve Kahn, Deputy Community Development Director Steve McHarris, Associate Planner Kelly Gleason, Assistant Planner Lisa Wilkinson and Recording Secretary Grace Pucci. PLANNING COMMISSION BUSINESS A. ELECTION OF NEW CHAIR AND VICE -CHAIR MOTION: By Vice Chairperson Beraud and seconded by Commissioner Kelley to nominate Commissioner O'Keefe to the position of Planning Commission Vice Chairperson. Motion passed 6:0 by a roll -call vote. MOTION: By Commissioner Fonzi and seconded by Vice Chairperson O'Keefe to nominate Commissioner Beraud to the position of Planning Commission Chairperson. Motion passed 6:0 by a roll -call vote. PC Draft Minutes 02/07/06 Page 1 of 8 B. ADMINISTRATION OF OATH OF OFFICE City Clerk Marcia McClure Torgerson administered the Oath of Office to Planning Commissioner, Roberta Fonzi. APPROVAL OF AGENDA MOTION: By Vice Chairperson O'Keefe and seconded by Commissioner Jones to approve the agenda. Motion passed 6:0 by a roll -call vote. DISCLOSURE OF EX PARTE COMMUNICATIONS: None PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JANUARY 17, 2006. MOTION: By Commissioner Fonzi and seconded by Vice Chairperson O'Keefe to approve Item #1. Motion passed 5:0 by a voice vote. (Beraud abstained) COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS 2. TENTATIVE TRACT MAP 2005-0080, NAVAJOA / CONDITIONAL USE PERMIT 2005-0151 AMENDMENT Owner/ Applicant: Terry Otis, 6480 Alta Pradera, Atascadero, CA 93422 Project Title: Tentative Tract Map 2005-0080, Conditional Use Permit Amendment 2005-0151 Project 7665, 7675, 7685, 7695 Navajoa, Atascadero, CA 93422 APN 031-153-014 PC Draft Minutes 02/07/06 Page 2 of 8 Location: Project The proposed project consists of an application to create 4 airspace condominiums on one common lot. Description: The units are currently under construction. The Conditional Use Permit amendment changes the condition requiring one unit at the low-income rate to requiring one unit at the moderate income rate, consistent with State Density Bonus Law. General Plan Designation: Medium Density Residential (MDR) Zoning District: Residential Multi -Family — 10 (RMF -10) Proposed Class 1 of the California Environmental Quality Act (CEQA) (Section 15301) exempts alterations or Environmental conversions of existing facilities which create no or negligible expansions of use. Determination: Commissioner Kelley stepped down from consideration of this item stating he had a business transaction with the applicant in the prior 12 month period. Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Terry Otis, applicant, spoke about the project. Chairperson Beraud closed the Public Comment period. Commissioner Fonzi suggested that the Commission put a time limit on the deed restriction so that the City would get credit for the affordable unit in the redevelopment area. MOTION: By Commissioner Fonzi and seconded by Commissioner Jones to adopt Resolution PC 2006-0014 approving Tentative Tract Map 2005-0080, to establish four airspace condominium units in one common lot, based on findings and subject to conditions, and with a revision to page 26 Condition No. 7 to read: the Applicant/owner shall deed restrict for 45 years for sale units and 55 years for rental units, one unit for moderate housina consistent with State Density Bonus Requirements; and, adopt Resolution PC 2006-0016 approving Conditional Use Permit 2005-0151 Amendment consistent with State Density Bonus Laws. Motion passed 5:0 by a roll -call vote. (Kelley abstained) Commissioner Kelley rejoined the hearing. PC Draft Minutes 02/07/06 Page 3 of 8 3. CONDITIONAL USE PERMIT 2002-0071 AMENDMENT Applicant: Atascadero Calvary Chapel, 6955 Portola, Atascadero, CA 93422 Project Title: Conditional Use Permit 2002-0071 Amendment Project 6955 Portola Road, Atascadero, CA Location: APN 054-071-001 and 054-083-004 Project An Amendment to Conditional Use Permit # 82-0331 to modify the Master Plan of Development to include Description: overflow parking area adjacent to the church site. General Plan Designation: Single -Family Residential (SFR) Zoning District: Residential Single Family -Z (RSF-Z) Proposed CATEGORICAL EXEMPTION: The project qualifies for a Class 3 Categorically Exemption under the Environmental provisions of the California Environmental Quality Act, CEQA section 15303. Class 3.c. New construction Determination or conversion of small structures. Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Steve Shively, applicant, spoke about the project and answered questions of the Commission. Terry Hargrave stated he lives near the church and expressed his opposition to the enlargement of the parking area and any further projects planned for the facility. Steve Shively addressed issues raised by Mr. Hargrave. Chairperson Beraud closed the Public Comment period. There was Commission discussion and the following issues were raised: ■ A legal easement should be recorded on the second property. ■ The drainage basin should be redesigned to capture more water. ■ Need for a landscaping plan. ■ Concern for drainage problems in front of neighbors' homes. MOTION: By Vice Chairperson O'Keefe and seconded by Commissioner Fonzi to continue this item and let staff work with the applicant to set the time to rehear it. Items to be addressed by staff include: a landscaping plan, the neighbor to contact Public Works with his concerns, an easement recorded, and the additional drainage problems from the existing lots. Motion passed 6:0 by a roll -call vote. PC Draft Minutes 02/07/06 Page 4 of 8 4. CONDITIONAL USE PERMIT 2005-0158 Applicant: Cingular Wireless, 12900 Park Plaza Drive, Cerritos, CA 90703 Owner: Atascadero Mutual Water Company, 5005 El Camino Real, Atascadero, CA 93422 Project Title: Conditional Use Permit 2005-0158, Telecommunications Facility Project Location: Serena Court (Pine Mountain Reservoir), Atascadero, CA 93422 (San Luis Obispo County) APN 028-221-007 and 029-105-041 Project The proposed project is a shared wireless communication facility site consisting of the installation of Description: twelve (12) panel antennas mounted in three (3) separate sections. Four (4) antennas will be mounted to four (4) proposed steel poles measuring fifteen (15) feet in height located on the southwest portion of the hillside. Eight (8) antennas will be mounted to four (4) new steel poles measuring fifteen (15) feet in height located on the northwest section of the hillside. A four (4') foot in diameter microwave dish will be mounted to a fifteen (15) foot pole. An eleven and a half (11.5') foot by twenty eight (28) foot equipment shelter will be located north of the existing equipment shelter. The site currently contains a nine (9) foot by twelve (12') foot utility structure and four (4) pole mounted antennas. The site is surrounded by existing low lying chaparral. Additional drought tolerant landscaping is proposed. General Plan Designation: Rural Residential Zoning District: Rural Residential Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The Environmental proposed Mitigated Negative Declaration is available for public review from 1/19/06 through 2/07/06 at Determination 6907 El Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Assistant Planner Lisa Wilkinson gave the staff report and answered questions of the Commission. PUBLIC COMMENT Trisha Knight, applicant's representative, answered questions of the Commission. David Harrell stated he owns property near this site and requested that the roofline of the new building be two feet lower than the existing building, and that the poles be placed closer to the trees. Trisha Knight stated the applicant can bring the roof line down two feet; however their poles must be at some distance from the other carriers at the site so they will be adding landscape to screen them. Chairperson Beraud closed the Public Comment period. MOTION: By Vice Chairperson O'Keefe and seconded by Commissioner Jones to adopt Planning Commission Resolution 2006-0015 approving Conditional Use Permit 2005-0158, and adding the request that the building be dropped down a little bit, and a condition that the applicant do follow up with regard to the landscaping, specifically either expanding the protection and/or removing it when it's time to. Motion passed 6:0 by a roll -call vote. PC Draft Minutes 02/07/06 Page 5 of 8 5. VARIANCE 2005-0009 Applicant: Eric Roy, 9186 Palomar Ave., Atascadero, CA 93422 Project Title: Variance 2005-0009 Project Location: 9186 Palomar Ave., Atascadero, CA 93422 Project A variance request to allow a front yard fence to be five (5') to six (6') feet in height. Fencing within the Description: front setback is currently limited to three (3) feet in height. General Plan Designation: SFR -Y Zoning District: RSF-Y Proposed CATEGORICAL EXEMPTION: The project qualifies for a Class 5 Categorically Exemption under the Environmental provisions of the California Environmental Quality Act, CEQA section 15305. Minor Alterations in Land Determination Use Limitations. Assistant Planner Lisa Wilkinson gave the staff report and answered questions of the Commission. PUBLIC COMMENT Eric and Katherine Roy, applicants, spoke about the importance of the fence for their safety and privacy and expressed their disagreement with the staff recommendation. Robert Davis stated he lives near the applicant's home and expressed his support for the request for a Variance. Michael Johnson stated he lives in this neighborhood and indicated his support for the Variance. Chairperson Beraud closed the Public Comment period. Commissioner Shane stated he visited the site and can understand the applicant's concerns with headlights and privacy and that the fence is the best looking one on the street, in addition he does not see a safety issue. Commissioner Kelley remarked that it was a nice looking fence, but there is an Ordinance in place regarding the setback and height of fences and the Planning Commission should live by it. Commissioner O'Keefe indicated her agreement with Commissioner Kelley, but does not see a safety issue. She believes there can be other solutions that do not violate the Ordinance. Community Development Director Warren Frace suggested a possible solution. In this situation the Ordinance would allow a five-foot fence with the top two feet of a screening type fence and the bottom three -feet of solid construction. PC Draft Minutes 02/07/06 Page 6 of 8 Commissioner Fonzi stated she could make finding #2, however, finding #1 is more difficult to make. She believes there are many fences this height on this street and she would be in favor of granting the Variance. MOTION: By Commissioner Kelley and seconded by Vice Chairperson O'Keefe to deny the Variance application due to the ordinance that is in place and upon the recommendation of the city staff. Motion failed 3:3 by a roll -call vote. (Jones, Slane, Fonzi opposed) Commissioner O'Keefe suggested leaving the fence but lowering it to the allowed height with a trellis. She stated it is important not to set a precedent. Commissioner Kelley stated he was willing to work with the solution staff suggested. PUBLIC COMMENT Eric and Katherine Roy explained why double drapes and lattice would not address their problems. Michael Johnson explained that there is noise as well as privacy issues from cars using this intersection. Robert Davis stated he does not see a safety issue with this fence. Chairperson Beraud closed the Public Comment period. Chairperson Beraud stated it was important for the Planning Commission to follow city Ordinances, particularly if there is, as in this case, a specific complaint. MOTION: By Commissioner Kelley and seconded by Chairperson Beraud to deny the Variance application due to the ordinance that is in place and upon the recommendation of the city staff. Motion failed 3:3 by a roll -call vote. (Jones, Slane, Fonzi opposed) MOTION: By Commissioner Jones and seconded by Commissioner Slane to continue this item to a date certain of February 21St Motion passed 6:0 by a roll -call vote. COMMISSIONER COMMENTS AND REPORTS Commissioner Jones asked if the housing inventory and deed restrictions were being tracked. Director Frace stated there will be report to the Commission in the near future. PC Draft Minutes 02/07/06 Page 7 of 8 Commissioner Kelley inquired if the Carl's Jr. project at San Anselmo and EI Camino Real is going forward. Director Frace stated that Carl's Jr. may have opted out of the project, that there is an appeal on the project filed by a City Council member, and that the CUP will stay alive for a year regardless of whether or not Carl's Jr. goes forward. Commissioner Kelley then referred to the monetary value placed on improvements to the project without specifications, and asked if there were a tool put in place to control that. Director Kahn indicated that it is difficult to limit what the cost will be on a project and there must be some funding source available to back fill the cost overrun. Chairperson Beraud asked if anything further has been resolved with the Weyrich's regarding their billboards. Director Frace stated there has not. Commissioner Jones referred to the three intersections that are not developed at Del Rio Road and EI Camino Real and asked if any proposed activity there could be the threshold for triggering a design charrette. Director Frace stated this would be a threshold. Commissioner Kelley inquired if anything concerned with the Compassionate Care Center would be coming before the Planning Commission in the future. Director Frace explained the current status of this issue and stated that the Commission would be involved with reviewing the draft Ordinance and making a recommendation, and possibly for making the decision on the CUP. Chairperson Beraud asked if it were possible that the City's website could broadcast Planning Commission meetings. Director Frace stated that it was technically possible, but it would be a decision made by the City Council. DIRECTOR'S REPORT Community Development Director Warren Frace gave an overview of the City Council's recent Strategic Planning Session and reviewed the agenda for the next Planning Commission meeting. ADJOURNMENT Chairperson Beraud adjourned the meeting at 8:55 p.m. to the next regularly scheduled meeting of the Planning Commission on February 21, 2006. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary PC Draft Minutes 02/07/06 Page 8 of 8 ITEM NUMBER: 2 DATE: 2-21-06 Atascadero Planning Commission Staff Report - Public Works Department Final Map Acceptance Final Map 2005-0125 (Parcel Map AT 05-0042) [TPM 2005-0069] 8585 San Rafael Road (Graves / Wilson Land Surveys) RECOMMENDATION: Staff recommends.- Planning ecommends: Planning Commission accept Final Map 2005-0125 (Parcel Map AT 05-0042) DISCUSSION: The Planning Commission approved Tentative Parcel Map 2005-0069 to subdivide one residential lot (5.36 acres) into two residential lots. Pursuant to California Government Code Section 66440 the approving legislative body (Planning Commission) cannot deny a final map that is consistent with an approved tentative map. The legislative body is also required to accept, accept subject to improvement or reject, on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. There are no offers of dedication on this map. Staff has determined that the Final Parcel Map is consistent with approved Tentative Parcel Map. PREPARED BY: Jeff van den Eikhof, Deputy Public Works Director ATTACHMENTS: Exhibit A: Final Tract Map 2005-0125 (Parcel Map AT 05-0042) \\cityhall\Development Review\- FMP Plan Check\FMP PCK 05\FMP 2005-0125 8585 San Rafael - Graves\FMP 2005-0125 Staff Report.doc 1-31-2006 FMP 2005-0125 Exhibit A Final Map 2005-0125 (Parcel Map AT 05-0042) 8585 San Rafael Road Graves / Wilson Land Surveys H sq. bi E gyp[p Qrb O�fiQQi[b k� y ITEM NUMBER: .i � E / _e s; V 1-31-2006 FMP 2005-0125 G ell - Asr Y i 3I�Y� N � 9�J�1t�lSRt1� 1-31-2006 FMP 2005-0125 ITEM NUMBER: 3 DATE: 2-21-06 Atascadero Planning Commission Staff Report - Community Development Department Variance 2005-0009 Front Yard Fence Height (9186 Palomar Avenue/Roy) SUBJECT: A Variance request to allow a recently constructed six-foot high solid wood fence to remain within the front yard setback (along the front yard property line) within a single-family residential neighborhood. RECOMMENDATION: Staff Recommends: 1. Adopt Resolution PC 2006-0013 denying Variance 2005-0009 based on findings. Situation and Facts: 1. Applicant / Owner: Eric Roy, 9186 Palomar Avenue, Atascadero, CA 2. Project Location: 9186 Palomar Avenue, Atascadero, CA 93422 (San Luis Obispo County) APN 029-201-026 3. General Plan Designation: Single -Family Residential —Y (SFR -Y) 4. Zoning District: Residential Single -Family —Y (RSF-Y) 5. Existing Use: Single -Family Residence 6. Environmental Status: Categorical Exemption 15305. Minor Alterations in Land Use Limitations. Background: In July 2005, the City of Atascadero received a complaint concerning the construction of a solid wood fence located within the front setback within a single- family residential neighborhood located at 9186 Palomar Avenue. According to the applicant, the fence was constructed to replace mature landscaping which had previously provided a solid screen to the applicant's front yard (Refer to photos below). The applicant was not aware of the City's Zoning Ordinance which prohibits fencing beyond 3 -feet tall within the front yard setback at the time of construction. Staff has discussed the issues with the applicant and recommended potential remedies in lieu of the front yard fence including: (1) Lowering the fence height to 3 feet; (2) Constructing a privacy fence behind the front setback; (3) Planting a tree or shrub in the area of concern; or (4) Installing vertical or horizontal window blinds and/or curtains. In addition, staff made it clear that the existing fence could not be approved as a Variance application. The applicant has rejected all staff recommendations and against staff's decision, the applicant applied for a Variance under the belief that the fence is imperative for their bedroom privacy and staff is incorrectly interpreting the Atascadero Municipal Code for granting a Variance approval. On February 7, 2006, the application was expedited to the Planning Commission for denial as the existing fence is in direct violation of the Atascadero Municipal Code and in its present form and location is not an item subject to a Variance application. The Planning Commission discussed several issues regarding the applicant's privacy issue, the property line/fence location, and the legal requirement for a Variance. The Commission voted 6 -0 to continue the item to February 21, 2006 for additional information regarding the Variance and municipal code issues which are analyzed below. Discussion: The following specific items were discussed by the Planning Commission and have been analyzed by staff to aide the Commission in reaching a finding determination for the proposed project: (1) Definition of a Variance (Government Code Section 65906): Variances from the terms of the Zoning Ordinance shall be granted only when, because of special circumstances applicable to a property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Staff Comment: The characteristics associated with the applicant's property (size, shape, topography, location and surroundings) are commonly shared with single-family residential neighborhoods throughout the City. Atascadero residential neighborhood roads intersect, turn, bend, change direction, and slope up and down. Atascadero residential homes have front windows and doors that commonly face these neighborhood streets with landscaping, window curtains and sometimes lower decorative front yard fencing, often designed for aesthetics and home privacy. The only special circumstance associated with this property is that the applicant has already constructed the fence in question which is not a qualifying circumstance for a Variance. (2) Variance Findings: Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. Staff Comment: Again, the characteristics associated with the applicant's property (size, shape, topography, location and surroundings) and relationship to the neighborhood roads are commonly shared with single-family residential neighborhoods throughout the City. The requested adjustment cannot be considered as a Variance as the request constitutes a grant of special privilege as the subject property and the home front windows are not special or unique to the single-family residential neighborhoods of Atascadero. (3) Fence Height Required by Code Section 9-4.128: Fencing within a required front or corner yard setback in the RSF-Y zoning district can be a maximum of three (3) feet in height. Staff Comment: The existing fence must be removed or lowered to 3 -feet in height within the 25 -foot front yard setback of this property. Staff also notes that the codes only allows a taller fence in the larger lot (1 -acre or larger) residential neighborhoods. The City Council recently reviewed these fencing requirements in 2005 and their final determination on fence heights is reflected in the current fencing code. (4) Safety/Sight Distance: Street intersections and driveways are reviewed by the City for sight distance to identify safe vehicular travel where roads and driveways intersect. Sight -distance is measured at point 3 -feet high at the applicant's driveway, 12 feet back from the paved road edge, to a distance of 150 feet (for a 25 mph zone) in either direction. The fence shall not impair safe sight distance for vehicular traffic nor result in any other potential adverse impact on human health and safety (refer to engineering standard: Minimum Sight Distance for Driveways and Intersecting Roads with Stop Control). Staff Comment: The applicant's 6 -foot high fence does not violate this standard. (5) Similar Enforcement or Requests: Staff receives weekly inquiries regarding fence height and placement in residential zones. Similar code enforcement cases have been resolved by the offending property owners either lowering, or relocating, or removing their non -conforming fences. Staff Comment: The proposed request is known to be the first of its kind. yF' �� jl •n � •x,12 �te���i � ,.rte 1 _ _ Photograph approaching the site. Note approaching vehicle direction and headlights would be directed toward the right side of the property. Left turning vehicles would briefly illuminate the property as would be the case with similar intersections or curves in the road. Findings Analysis: As analyzed above, fencing and screening is subject to conform to the Zoning Ordinance for fence height. Disapproval shall be made when the Planning Commission determines that the Variance does not satisfy criteria set forth in Government Code Section 65906 by finding that: (i) The variance constitutes a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated; or Staff Comment: The Variance request constitutes a grant of special privilege as the subject property location and the home front windows are not special or unique to the single-family residential neighborhoods of Atascadero. The Variance is a request for special privilege and will set precedence for future non -conforming fences that are currently resolved by staff through compliance with the municipal code. (ii) There are no special circumstances applicable to the property, including size, shape, topography, location, or surroundings, which would, upon application of this title, deprive the property of privileges enjoyed by other property in the vicinity and in the same zoning district; or Staff Comment: The characteristics associated with the applicant's property (size, shape, topography, location and surroundings) and relationship to the neighborhood roads are commonly enjoyed by other property in the vicinity and in the same zoning district. There is no special circumstance associated with this property. (iii) The variance would authorize a use which is not otherwise allowed in the zoning district; or Staff Comment: this finding does not apply to the request. (iv) The granting of such variance would, under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, be materially detrimental to the public welfare, or be injurious to nearby property or improvements. Staff Comment: According to the City Engineer, the fence does not interfere with driveway sight distance per City standards. CONCLUSION: The requested Variance application does not apply to the applicant's existing front yard fence as there is no special circumstance associated with this property. In addition, the Variance is a request for special privilege and will set precedence for future non -conforming fences that are currently resolved by staff through compliance with the Municipal Code. The above stated Findings for Denial of the request are contained in Draft PC Resolution 2006-0013 (Attachment 5). If denied, the applicant will have the ability to appeal their request to the City Council for further review of the fence as it applies to the Atascadero Municipal Code. ALTERNATIVES: The Commission may continue the item for additional information or analysis. PREPARED BY: Steve McHarris, Deputy Community Development Director ATTACHMENTS: Attachment 1: Location and Vicinity Map Attachment 2: Site Plan Attachment 3: Aerial of Property Attachment 4: Site Photographs Attachment 5: Draft Resolution 2006-0013 Attachment 1: Location and Vicinity Map t, s 'y t - o Project Site 9186 Palomar Ave. General Plan Designation: -General Plan: Single Family Residential - Y Zoning Desi aQn tion: -Zoning District: Residential Single - Family — Y Attachment 2: Site Plan 3 r. - Lill Sri tl s. 3 r. - Lill Sri 4F f ` y y •'� I Project Site :. Palomar Ave. Ow All ARL 1 F 1 f n 0 ATTACHMENT 5: Draft Resolution PC 2006-0013 Variance DRAFT RESOLUTION PC 2006-0013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, DENYING A VARIANCE TO ALLOW A SIX-FOOT HIGH FENCE LOCATED WITHIN THE FRONT YARD SETBACK, APN 029-201-026 (9186 Palomar Ave. / Roy) WHEREAS, an application has been received from Eric Roy, 9186 Palomar Avenue, Atascadero, CA 93422), Applicant and property owner, to consider a Variance to allow a six (6') foot fence located in the front setback at 9186 Palomar on APN 029-201-026; and, WHEREAS, the project is exempt from the requirements of the California Environmental Quality Act (CEQA) under Article 19, Section 15305, Class 5; and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on February 21, 2006; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero, hereby resolves to take the following actions: SECTION 1. Findings of Disapproval. The Planning Commission finds that: (i) The variance authorized does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated; and (ii) There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, and because of these circumstances, the application of this title would deprive the property of privileges enjoyed by other property in the vicinity and in the same zoning district; and (iii) The variance does not authorize a use which is not otherwise authorized in the zoning district; and (iv) The granting of such variance does not, under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements. SECTION 2. Denial. The Planning Commission does hereby deny Variance 2005-0009 from allowing a six (6') foot fence located in the front setback: On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: 4 DATE: 2-21-06 Atascadero Planning Commission Staff Report - Community Development Department Conditional Use Permit 2006-0176 Sycamore Avenue Storage Yard 6805 Sycamore Avenue (Raminha Construction, Inc.) SUBJECT: The proposed project consists of utilizing an existing public agency equipment and storage yard for a private construction business use. Yard and building improvements will remain unchanged. Visual screening along Sycamore Avenue is proposed with new drought -tolerant landscape trees, shrubs, and vinyl privacy slats within the existing chain-link fence and entry gate. RECOMMENDATION: Staff recommends: Adopt Planning Commission Resolution 2006-0018 approving Conditional Use Permit 2006-0176. SITUATION AND FACTS: 1. Applicant: Raminha Construction, Inc. 4401 EI Camino Real, Atascadero, C Phone: 461-0052 2. Property Owner: Atascadero Mutual Water Company 5005 EI Camino Real, Atascadero, CA 93422 Phone: 466-2428 3. Project Address: 6805 Sycamore Avenue, APN 028-121-001 4. General Plan Designation: Industrial 5. Zoning District: Industrial Park 6. Site Area: 1.3 acre fenced area of an 18.79 acre property 7. Existing Use: Fenced storage yard 8. Environmental Status: Categorically Exempt, Category 1 (Existing Facilities) Background: The subject site is located on the north side of Sycamore Avenue and adjacent to the Salinas River (Attachment 1). The site is owned by the Atascadero Mutual Water Company (AMWC) and contains and existing vacant fenced construction yard with storage buildings. There is no landscaping along the Sycamore Avenue frontage. The site was formerly leased from the AMWC to the County of San Luis Obispo as a corporation yard for the storage and operations of maintenance vehicles, equipment and materials. This use was considered a public use with no documented Conditional Use Permit. The current proposed use is considered a new use and subject to a Conditional Use Permit with approval by the Planning Commission. Analysis The subject site is visible from Sycamore Avenue and surrounding locations. As proposed, the currently vacant storage yard facility which was vacated by the Atascadero Mutual Water Company, would be utilized for storage of construction equipment and associated materials. On site improvements would only include upgrading the street frontage, extending to the existing entry drive and along the northwest (entry gate) side of the property with drought -tolerant landscaping and insertion of brown vinyl straps into the chain link fence (CUP Condition 6). Access The proposed project will utilize the existing Sycamore Avenue access with clear sight - distance and is not anticipated to generate significant traffic trips. Conditional Use Permit Findinqs In order to approve the Conditional Use Permit, the Planning Commission is required to make the following findings: 1. The proposed use is consistent with the General Plan. Staff Comment: The use is consistent with the Industrial land use designation. 2. The proposed use satisfies all applicable provisions of the Zoning Ordinance. Staff Comment: As conditioned, the project satisfies all zoning code provisions. 3. The establishment, and subsequent operation or conduct of the use should not, because of the circumstances and conditions applied in this 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 of injurious to the property or improvements in the vicinity and the use. Staff Comment: The equipment and storage use and existing facilities should not be detrimental to the general public or working persons health, safety, or welfare. 4. The proposed use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. Staff Comment: Conditions of approval have been added to improve the visual character of the facility with landscaping and fencing improvements along Sycamore Avenue. The project will not be inconsistent with the neighborhood character. 5. The proposed use 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. Staff Comment: The proposed facility is existing with no added area or building construction and not anticipated to generate significant traffic. Environmental Determination As an existing facility with no building construction or significant expansion of use, the project qualifies for a categorical exemption, category 1. A notice of exemption has been prepared for the project as identified in draft Planning Commission Resolution 2006-0015. CONCLUSION: The project site is currently developed as a storage yard with associated storage buildings. The site is designated for industrial use and the proposed use conforms to the general plan and zoning district designations. The project will upgrade the visual appearance along Sycamore Avenue, improving the overall neighborhood character. As conditioned, the project meets the requirements for a Conditional Use Permit approval. ALTERNATIVES: 1. The Planning Commission may approve Conditional Use Permit 2006-0176 with modified conditions of approval. 2. The Planning Commission may deny Conditional Use Permit 2006-0176 based on appropriate findings. To deny the application, the Commission must find that it is inconsistent with one of the required findings. The motion to deny must include a finding for denial. 3. The Planning Commission may continue the application and refer the project back to staff for additional information or analysis. Direction should be given to staff and the applicant. PREPARED BY: Steve McHarris, Deputy Community Development Director ATTACHMENTS: Attachment 1: Zoning and General Plan Designation Attachment 2: Aerial Photo Attachment 3: Site Photos Attachment 4: Draft Resolution PC 2006-0018 ATTACHMENT 1: Zoning and General Plan Designation Zoning District: Industrial Park 6805 Sycamore Avenue APN 028-121-001 (1.3 acre portion) Project Site ATTACHMENT 2: Aerial Photo CUP 2006-0176 ATTACHMENT 3: Site Photos CUP 2006-0176 a� •�.} .f+'.. -"moi - =mss -.;; ........... - - - ATTACHMENT 4: PC Resolution 2006-0018 DRAFT RESOLUTION PC 2006-0018 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING CONDITIONAL USE PERMIT 2006-0176, TO UTILIZE AN EXISTING STORAGE YARD AT 6805 SYCAMORE AVENUE (6805 Sycamore Avenue /Raminha Construction, Inc.) WHEREAS, an application has been received from the Atascadero Mutual Water Company, 5005 El Camino Real, CA 93422 (Property Owner), and Raminha Construction, 4401 El Camino Real, Atascadero, CA 93422 (Applicant), to consider Conditional Use Permit 2006- 0176, allowing private use of an existing fenced storage yard and buildings at 6805 Sycamore Avenue (APN 028-121-001); and, WHEREAS, the proposed project is located within the Industrial land use designation of the City of Atascadero's General Plan Land Use Diagram; and, WHEREAS, the proposed project is located in the Industrial Park zoning district; 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 Planning Commission held a duly noticed public hearing to consider the proposed Conditional Use Permit application on February 21, 2006 at 7:00 p.m. and considered testimony and reports from staff, the applicants and the public. NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project is consistent with the General Plan; and, 2. The proposed project satisfies all applicable provisions of the Zoning Ordinance; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this 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 will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and, 5. The proposed 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 the full development in accordance with the Land Use Element. SECTION 2. Approval of Conditional Use Permit. The Planning Commission does hereby approve Conditional Use Permit 2006-0176 allowing the use of an existing 1.3 acre fenced storage yard and buildings at 6805 Sycamore Avenue (APN 028-121-001) consistent with the following Exhibits: EXHIBIT A: Notice of Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan EXHIBIT D: Landscape Plan On motion by Commissioner , and seconded by resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary the foregoing EXHIBIT A: Notice of Exemption / CUP 2006-0176 Draft Resolution PC 2006-0018 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: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code Project Title Sycamore Avenue storage yard Project Location (Include County 6805 Sycamore Avenue Atascadero, CA 93422 (San Luis Obispo County) Project Description The proposed project consists of utilizing an existing public agency equipment and storage yard for a private construction business use. Yard and building improvements will remain unchanged. Visual screening along Sycamore Avenue is proposed with new drought -tolerant landscape trees, shrubs, and vinyl privacy slats within the existing chain-link fence and entry gate. Name of Public Agency Approving Project City of Atascadero Name of Person or Agency Carrying Out Project Steven G. McHarris, Community Development Deputy Director Exempt Status: ❑ Ministerial (Sec. 21080 (b)(1); 15268) ❑ Declared Emergency (Sec. 21080(b)(3); 15269(a)) ❑ Emergency Project (Sea.21080 (b)(4); 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, Existing Facilities) exempts the maintenance or minor alteration of existing public facilities or topographical features with negligible expansion of use. Date: February 7, 2006 Steven G. McHarris, Deputy Community Development Director Contact Person: Warren Frace, Community Development Director, City of Atascadero 805.461.5000 EXHIBIT B: Conditions of Approval Draft Resolution PC 2006-0018 CUP 2006-0176 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2006-0176 /Monitoring Measure PS: Planning Services Sycamore Avenue Storage Yard y g BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Raminha Construction, Inc. FI: Final Inspection TO: Temporary Occupancy CE: City Engineer WW: Wastewater F0: Final Occupancy CA: City Attorney Standard Conditions/Mitigations 1. The approval of this use permit shall become final and BP PS effective for the purposes of issuing building permits, provided the required conditions of approval have been satisfied, 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. 2. Approval of this Conditional Use Permit shall be valid BP PS for twelve (12) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the applicant has received a building permit or applied for an extension of entitlement. 3. The granting of this Conditional Use Permit shall apply Ongoing PS to APN 028-121-001 regardless of owner. 4. The Community Development Department shall have BP PS the authority to approve minor changes to the project that (1) increase the square footage of the 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 Conditional Use Permit. 5. This Conditional Use Permit is for use of an existing fenced storage yard and buildings on a 1.3 acre leased area, as identified on Exhibit C, and shall extend to the existing entry drive and along the northwest (entry gate) side of the property. 100% compliance and maintenance with the approved landscape plan and fence and entry gate improvement conditions shall apply at all times of use. Project Conditions/Mitigations 6. All landscaping shall be consistent with Exhibit D and E. BP/FO PS, BS Vinyl (brown color) slats shall be installed within the existing chain link fence, and shall extend to the existing entry drive and along the northwest (entry gate) side of the property. Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2006-0176 /Monitoring Measure PS: Planning Services Sycamore Avenue Storage Yard BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer Raminha Construction, Inc. TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney 7. Storage use shall be limited to that area which is shown Ongoing PS, BS on Exhibit D. 8. No additional exterior lighting shall be installed on site BP PS, BS or on any structures. 9. All construction activities shall comply with the City of BP/FO PS, BS Atascadero Noise Ordinance for hours of operation. Excessively loud noise shall be prohibited and shall be subject to CUP reconsideration (of operations and use) by the Planning Commission. 10. Prior to final, the applicant shall call for a landscape, BP/FO PS color, and material inspection. The inspection will determine if additional screening is required. 11. The proposed landscape and irrigation shall be Ongoing PS monitored and maintained and provide sufficient screening of the storage yard. EXHIBIT C: Site Plan Proposed Landscaping v ' 1 r it i� fl t 1 EXHIBIT D: Site Photo / Landscape Improvement Area �.. ,����• is jlr=�:+� y �f ,: 1 +'��,�•' ,' ,per '1�: , . ,,� ,� . �, i1 _ •r` ` I 1 �,�•_�%. Area to be landscaped (opposite side of gate) Area to be landscaped EXHIBIT E: Landscape Plan 0 0 3 s� a � � 0 00 . D � I 0 0� © Qn x 0 r wp, 4 I 0 E I � � I I I I 1 I F O Note: Landscaped Area to be expanded per Conditions of > Approval and Exhibit D and E. ITEM NUMBER: 5 DATE: 2-21-06 A tascadero Planning Commission Staff Report - Community Development Department Emerald Ridge Amendment CUP 2003-0116, CUP 2004-0146 (2555, 2605, 2705 EI Camino Real, Laughlin Development Co.) RECOMMENDATIONS: Staff Recommends Planning Commission: 1. Adopt Resolution PC 2006-0021 approving Conditional Use Permit 2003-0116 and 2004-0146 (Master Plan of Development for Emerald Ridge Phase I, II and III) Amendment based on findings and subject to Conditions of Approval and Mitigation Monitoring. REPORT -IN -BRIEF: The proposed project consists of a Conditional Use Permit Amendment to modify the previously established Master Plan of Development for a 132 unit condominium development. Modifications include the addition of two -car garages, enhanced unit entrances off EI Camino Real and shared common areas, and minor modifications to on-site grading. ITEM NUMBER: 5 DATE: 2-21-06 DISCUSSION: Situation and Facts: 1. Applicant / Representative: Peter Laughlin, 479 Pacific Street, Suite 2A, Monterey, CA 93940 2. Project Address: 2555, 2605, 2705 EI Camino Real, Atascadero (San Luis Obispo County) APN 049-151-008, 009, 011 3. General Plan Designation: General Plan Designation: High -Density Residential (16 units/acre) / Suburban Estates 4. Zoning District: RMF -16 (Residential Multiple -Family) / Residential Suburban 5. Site Area: 7.3 acres 6. Existing Use: Single -Family Residence / Vacant 7. Environmental Status: Certified Mitigated Negative Declaration 2005-0021 Background Surrounding Land Use and Setting: North: Residential Multi -Family South: Residential Multi -Family East: Residential Multi -Family West: Residential Single -Family Relocated Colony Home location Project site: Emerald Ridge Phase III Project site: Emerald Ridge Phase II Emerald Ridge: Phase I - 's approved 5/4/04 Highway 101 __ El Camino Real ITEM NUMBER: 5 DATE: 2-21-06 Phase I of the project was approved by Planning Commission on May 4, 2004 with Phase II and III approval following on May 20, 2005. The applicant is proposing modifications to the units in all phases of development. The unit count and conceptual project design including locations of open space areas, shared driveways and drainage facilities is proposed to remain as previously approved. Colony Home Relocation Update: Phase I of the project included a condition requiring relocation of the existing Colony Home to an alternate residential parcel. Staff is currently working with the applicant to assemble plans to relocate that home to a currently vacant single-family residential parcel on the west side of Atascadero. ANALYSIS: Unit Design modifications: The applicant is proposing to redesign the residential units as follows: replace approved one -car garages with two -car garages; enhance elevations facing EI Camino Real and shared open space areas. The architectural appearance of the units is consistent with the previously approved Colonial/Americana style of architecture incorporating a variety of materials, traditional window styles, brick accent elements, accentuated vertical elements, and stylized columns. Site Design Modifications: The applicant is proposing to eliminate or reduce the height of retaining walls as feasible. Staff has reviewed the proposed conceptual revised grading plan and has added conditions of approval to ensure that all site design modifications maintain the appearance along the shared central street and open space areas. No additional native trees are proposed for removal. ITEM NUMBER: 5 DATE: 2-21-06 General Plan Consistency The proposed Amendment remains consistent with the following General Plan Land Use and Housing Element Policies: Land Use Policy 1.1: "Preserve the rural atmosphere of the community and assure "elbow room" in areas designed for lower density development by guiding new development into the Urban Core to conform to the historic Colony land use patterns of the City and to respect the natural environment, hillside area and existing neighborhoods". Land Use Program 1.1.7: "Within the Urban Core encourage infill development or revitalization or reuse of land already committed to urban development where utilities and public services exist. Land Use Policy 2.1.5: Supports attached multi -family developments on prime multi- family sites throughout the City. Based on qualifying factors set forth in the General Plan, this site qualifies for prime multi -family status. Housing Element Policy 4.3: "Encourage attractive architecture and site landscaping that respect terrain and native trees". Findings Conditional Use Permit (Master Plan of Development) The Planning Commission must make the following five findings to approve the proposed Master Plan of Development modifications: 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 High Density Residential designation of the General Plan and General Plan Land Use Element Policy 1.1, 1.1.7, 2.1.5, and Housing Element Policy 4.3. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). Staff Comment: As conditioned, the project satisfies all Conditional Use Permit and zoning code provisions. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be ITEM NUMBER: 5 DATE: 2-21-06 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 residential development will not be detrimental to the general public or working persons health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The proposed project is compatible with the surrounding neighborhood by providing a higher density residential development along EI Camino Real with landscape buffering to adjacent single-family land uses. The project has been designed to enhance the appearance along EI Camino Real with compatible architecture and project landscaping. The General Plan identifies the project site as a prime multi -family site. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: The proposed project and use is consistent with the traffic projections and road improvements anticipated within the General Plan and as proposed by the applicant. Proposed Environmental Determination The proposed Amendment is consistent with the previously Certified Mitigated Negative Declaration. Conclusion In staff's opinion, the proposed Amendments, as conditioned, are consistent with the previously approved Master Plan of Development, maintaining a high quality of architecture and providing maximized density with common central open space areas. ALTERNATIVES 1. The Commission may make modifications to the project and/or conditions of approval. ITEM NUMBER: 5 DATE: 2-21-06 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 Residential Multi -family and the original Master plan of Development would stand. The Commission should specify the reasons for denial based on the Conditional Use Permit findings for the project. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1: Location, General Plan, and Zoning Map Attachment 2: Draft Resolution 2006-0021 ITEM NUMBER: 5 DATE: 2-21-06 Attachment 1: Location Map, General Plan and Zoning 00 00 Oov� Project site: Emerald Ridge x. El Camino w a Highway Project Zoning: RMF -16 General Plan Designation: High Density Residential ITEM NUMBER: 5 DATE: 2-21-06 ATTACHMENT 1: Draft Resolution PC 2006-0021 Approval of Proposed Master Plan of Development Amendment DRAFT RESOLUTION PC 2006-0021 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2003-0116 AND CONDITIONAL USE PERMIT 2004-0146 AMENDMENT (PHASE I, II AND III MASTER PLAN OF DEVELOPEMNT) ON APN 049-151-008, 009, 011 (Laughlin Development Co.) WHEREAS, an application has been received from Laughlin Development Company (479 Pacific Street, Suite 2A, Monterey, CA 93940), Applicant and Property Owner, to consider a project consisting of a Master Plan of Development Amendment for a 132 unit condominium development located at 2555, 2605, and 2705 El Camino Real (APN 049-151-008, 009, 011); and, WHEREAS, the proposed amendment is consistent with the previously certified Mitigated Negative Declaration 2005-0021; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on February 21, 2006, studied and considered Conditional Use Permit 2003- 0116 Amendment and Conditional Use Permit 2004-0146 Amendment (Phase I, II and III Master Plan of Development), and NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of Conditional Use Permit Amendment. 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, ITEM NUMBER: 5 DATE: 2-21-06 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. 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 project exhibits an architecturally superior design which exceeds the requirements of the appearance review standards of the appearance review manual and as required for standard multi -family development. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on February 21, 2006, resolved to approve Conditional Use Permit 2003-0116 Amendment and Conditional Use Permit 2004-0146 Amendment (Phase I, II and III Master Plan of Development) subject to the following: EXHIBIT A: Conditions of approval / Mitigation Monitoring Program EXHIBIT B: Revised Site Plan EXHIBIT C: Revised Elevations ITEM NUMBER: 5 DATE: 2-21-06 On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 2-21-06 EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program Master Plan of Development Amendment (CUP 2003-0116 and CUP 2004-0146) Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring Emerald Ridge: Phase 1, 11 & III Amendment BL: Business License PS: Planning services GP: Grading Permit BS: Building BP: Building Permit Services FD: Fire Department FI: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy Planning Services 1. This Conditional Use Permit Amendment shall be for a 3-phase 132 airspace FM PS condominium Master Plan of Development including a previously approved relocation of two existing Colony Homes described on the attached exhibits and located on parcel 049-151-008, 009, 011 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 approve BP/FM PS, CE the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. Any other changes to the Master Plan of Development shall be subject to Planning Commission approval. Any associated Tentative Maps unless shall be subject to Planning Commission approval. 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 Ongoin PS Atascadero or its agents, officers, and employees against any claim or action g 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 with BP/FM PS, CE the Master Plan of Development contained herein. 7. Unless otherwise noted, all conditions of the original Conditional Use Permits (CUP 2003-0116 and CUP 2004-0146) shall apply. 8. All exterior elevations, finish materials and colors shall be consistent with the BP PS Master Plan of Development as shown in EXHIBIT A, and shall include the ITEM NUMBER: DATE: 2-21-06 Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring Emerald Ridge: Phase 1, ll & 111 Amendment BL: Business License PS: Planning Services GP: Grading Permit BS: Building BP: Building Permit Services FD: Fire Department FI: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy following: ■ The stucco exterior shall be light sand or similar finish, subject to staff approval ■ Garage doors shall be architectural grade and shall be painted or powder coated to compliment the proposed color schemes. ■ Round window features shall be eliminated. ■ Stem walls shall be designed to compliment the architectural style using brick/veneer accents or similar decorative treatment, subject to staff approval. 9. All site work, grading, and site improvements shall be consistent with the BP/FM PS, BS, Master Plan of Development as shown in EXHIBIT B, with the following CE modifications: • Where feasible, stairs shall be incorporated into the project to eliminate retaining walls or increase planter widths along the main drive, subject to staff approval. • Call -out modifications listed on EXHIBIT B shall be implemented as noted. • Grading in the open space areas shall be minimized to maximize flat/gently sloped usable area, subject to staff approval. 10. All project fencing / walls shall be installed consistent with EXHIBIT B subject GP/BP PS to the following modifications: ■ No patio walls shall be permitted at unit entrances. ■ All perimeter fencing shall be a minimum 6 feet in height from grade of the property or adjacent property (whichever is higher). ■ Walls within the setback along EI Camino Real shall be decorative in nature and shall be designed to be consistent with the approved project architecture, subject to staff approval. ■ Retaining walls along the main drive and at the project entry shall be constructed of decorative block consistent with the architectural theme of the project, subject to staff approval. ITEM NUMBER: DATE: 2-21-06 Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring Emerald Ridge: Phase 1, ll & 111 Amendment BL: Business License PS: Planning Services GP: Grading Permit BS: Building BP: Building Permit Services FD: Fire Department FI: Final PD: Police Department Inspection TO: Temporary CE: City Engineer Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy City Engineer Conditions Drainage: 11. All drainage facilities shall be designed and constructed in accordance with BP PW the current City of Atascadero Engineering Standards. 12. The applicant shall submit drainage calculations for review and approval of BP PW the City Engineer. 13. All drainage basins/detention facilities shall detain the difference in the 2- BP PW year storm runoff or the undeveloped site and the 50 -year storm runoff of the developed site. The outlet pipe or channel shall be sized for the 2 -year storm peak runoff rate for the undeveloped site at full capacity. 14. The applicant shall address storm water detention to the satisfaction of the BP/FM PW City Engineer, prior to grading and drainage approval, or approval of the final map. 15. A homeowners association, or other funding and maintenance agreement FM PW shall be submitted for approval by the City Engineer and the City Attorney prior to recording the final map. The agreement shall cover scheduled maintenance of the drainage facilities. 16. Existing drainage patterns from adjacent properties shall not be obstructed. BP PW 17. All drainage from improvements shall cross property lines within drainage BP PW easements. 18. Drainage at the rear of the lots must be carried across property lines in a BP PW closed conduit. EXHIBIT B: Revised Site Plan Open space area maintained for tot lot Stairs incorporated as feasible to increase planter ie co ia. along central drive Retaining wall incorporated into building t3iiul It ITEM NUMBER: 5 DATE: 2-21-06 Retaining wall mcorporated into building V Sig HIM K All �� (. _ 1': IIR`I 1111 IMI 1111 111 1111 = 1111 == 1111 , _ �„< 'r`” "" '!11 R�•'�• IIIIII IH < IIUII �illll IIIIII =_ 1111 =__' 1111 _ � al � �I11 IIIIII �� 111l��111 � �■ Il;il 1 11 �� :1111 +�� �:,1� I�I::IIIL--II!II::JIIII _I L_II::III�I111�°D�I�I�Ik . � .��.... EXHIBIT o:Revised Elevations Bill mi-im oil Iii, Bit in mi mi me -Wouni:mn GARAGE SIDE ELEVATION ITEM NUMBER: 5 DATE: 2'21'06 ^^| ALLii FRONT ELEVATION ITEM NUMBER: 6 DATE: 2-21-06 Atascadero Planning Commission Staff Report - Community Development Department Conditional Use Permit 2001-0043 Amendment to Master Plan of Development 2850 EI Camino Real (Fredricks / Cingular Wireless) SUBJECT: The proposed project consists of adding six (6) panel antennas and twelve (12) Tower Mounted Amplifiers (TMAs) to an existing 80 -foot Monopine facility at 2850 EI Camino Real originally approved with CUP 2000-0015. As the equipment shelter and monopine are existing, additional site disturbance is not proposed. RECOMMENDATION: Staff recommends: Adopt Planning Commission Resolution 2006-0020 approving Conditional Use Permit Amendment 2001-0043. SITUATION AND FACTS: 1. Applicants: Bechtel/Cingular Wireless, 4685 MacArthur Ct. #480 Newport Beach, CA 92660 Phone: 895-8831 2. Property Owners: Michael Fredrick P.O. Box 573, Atascadero, CA 93423 Phone: 466-5060 Crown Castle 2000 Corporate Dr., South Pointe, PA 15317 Phone: 714-3553 3. Project Address: 2850 EI Camino Real, Atascadero, CA 93422 APN 049-201-010 4. General Plan Designation 5. Zoning District: 6. Site Area: 7. Existing Use: 8. Environmental Status Background: Commercial Park Commercial Park 431 +/- acres Approved Mini -Storage facility Communications Facility Categorical Exemption, Class 1(e) and Monopine The existing telecommunication facilities at this site were originally approved with Conditional Use Permit 2000-0015. Subsequently, the property owner processed a Master Plan of Development for the site as Conditional Use Permit 2001-0043 (CUP) to establish a mini -storage facility. This CUP acknowledged (without revising) the existing telecommunication facility and was approved by the Planning Commission on January 21, 2003. The project site is located on EI Camino Real, just west of San Benito Road and north of San Anselmo (Attachment 1). The site is owned by Michael Fredrick and is currently under development consistent with the January 21, 2003 approval. The original approval for the telecommunication facility allowed for an 80 -foot monopine without limitation on the number of antennas. Project plans indicate there are six (6) existing antennas, to which an additional six (6) would be added upon approval of this amendment. s Existinq monopine (facinq southeast) Existing equip structure (facing southeast) Analysis The subject site is visible from EI Camino Real and Highway 101. The equipment storage has been landscaped and the property owner has been conditioned to install landscaping along Highway 101 as a part of the mini -storage facility. Conditions have been added to the attached draft resolution requiring additional landscaping along the front of the equipment storage building. (Condition 10). Access All access is taken from EI Camino Real. The project is an unmanned facility and will not generate significant traffic trips. Findings Under Section 9-2.109 of the City's Zoning Ordinance, the Planning Commission is required to make the following findings in approving a Conditional Use Permit: 1. The proposed use is consistent with the General Plan. Staff Comment: The use is consistent with the Commercial Park land use designation. 2. The proposed use satisfies all applicable provisions of the Zoning Ordinance. Staff Comment: As conditioned, the project satisfies all zoning code provisions. 3. The establishment, and subsequent operation or conduct of the use should not, because of the circumstances and conditions applied in this 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 the property or improvements in the vicinity and the use. Staff Comment: The pole -mounted antennas and equipment shelter should not be detrimental to the general public or working persons health, safety, or welfare. 4. The proposed use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. Staff Comment: Conditions of approval have been added so that the proposed project will not be inconsistent with the neighborhood character, including landscape screening and the removal and restoration of the site in the event the use is no longer necessary. 5. The proposed use 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. Staff Comment: The proposed facility will be unmanned and the maintenance visits are anticipated to be insignificant. Environmental Determination The proposed project qualifies as a Class 1(e) Categorical Exemption under the California Environmental Quality Act's guidelines as an addition to an existing structure that will result in less than 2,500 square feet or 50 percent of the existing floor area. CONCLUSION: The project site is currently designated as Commercial Park in an area developed with commercial service uses. As such, the proposed additions to the existing facility should not interfere with incompatible or sensitive land uses. The project will provide additional landscaping in order to screen proposed ground equipment. Staff has determined the project, as conditioned, is consistent with the findings required for Conditional Use Permit approval. ALTERNATIVES: 1. The Planning Commission may approve the amendment to Conditional Use Permit 2001-0043 with modified conditions of approval. 2. The Planning Commission may deny the amendment to Conditional Use Permit 2001-0043 based on appropriate findings. To deny the application, the Commission must find that it is inconsistent with one of the required findings. The motion to deny must include a finding for denial. 3. The Planning Commission may continue the application and refer the project back to staff for additional information or analysis. Direction should be given to staff and the applicant. PREPARED BY: Kerry Margason, Associate Planner ATTACHMENTS: Attachment 1: Zoning and General Plan Designation Attachment 2: Site Plan, Pages 1-3 Attachment 3: Draft Resolution PC 2006-0020 ATTACHMENT 1: Zoning and General Plan Designation Zoning District: Commercial Park 2850 EI Camino Real APN 049-201-010 ATTACHMENT 2: Site Plan CUP 2001-0043 Amendment �I .I I I I Xcingular ------ a-®sss 70oCOa n4b AR ILI k ZR,js -__ • -___ ..._ .. or.:^r-cam--conn ATTACHMENT 3 Cont'd: Site Plan CUP 2001-0043 Amendment _ - gi.ar�e RO M+Q �-i sev faK4 - � � ��b rrra rlOrf J�,� p-`• y ~ F '.Yi m rl rratn ,urw m p situ■ tlaa■■ �* !•-• /-. .yob: r�+'.G' .a7.�} �7e��' 'tM+: ■� Y . _��.� 4 ., L ; ,.. • ��...R,� m a.sM o+.i.a■. mien 7 �a,�' 1 Y •�, :,y; V� ' �:`� m d, m>r aaLL F on Hca .aa �� �,� ' �i�ik-. `7R•.� • m {NON.Va/ R FMai m t/1�lAar m YAM MiY/!m m ru.r m WAN wWYY m Yari■■ SOUTH EMATION Z EAST ELEVATION FwAti \SA Wireless, Inc. ���� � � C D G, �._.-y..�.'.�.. � •*•'G10O1D"a"" ■N�w■t m.nra. uaa so $C cingular r..,�.., -_ � � _ F"ATwNs a.ra as.■ u-rcn■ r. a ATTACHMENT 3: PC Resolution 2006-0020 CUP 2001-0043 Amendment DRAFT RESOLUTION PC 2006-0020 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING CONDITIONAL USE PERMIT 2001-0043 AMENDMENT, A REQUEST BY CINGULAR WIRELESS TO INSTALL ADDITIONAL ANTENAS ON AN EXISTING TELECOMMUNICATION FACILITY 2850 EL CAMINO REAL (Crown Castle / Fredrick/ Bechtel-Cingular Wireless) WHEREAS, an application has been received from Michael Fredrick, P.O. Box 573 Atascadero, CA 93423, and Crown Castle, 2000 Corporate Dr., South Pointe, PA 15317, (Property Owners) and Bechtel/Cingular Wireless, 4685 MacArthur Ct. #480, Newport Beach, CA 92660, (Applicant) to consider an Amendment to Conditional Use Permit 2001-0043, allowing the installation of six (6) additional antennas and twelve (12) tower mounted amplifiers on an existing monopine located at 2850 El Camino Real (APN 049-201--010); and, WHEREAS, the proposed project is located within the Commercial Park land use designation of the City of Atascadero's General Plan Land Use Diagram; and, WHEREAS, the proposed project is located in the Commercial Park zoning district; and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Amendment to the Conditional Use Permit application on February 21, 2006 at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public. NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project is consistent with the General Plan; and, 2. The proposed project satisfies all applicable provisions of the Zoning Ordinance; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this 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 will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and, 5. The proposed 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 the full development in accordance with the Land Use Element. SECTION 2. Approval of Conditional Use Permit. The Planning Commission does hereby approve Amendment to Conditional Use Permit 2001-0043 allowing the installation of additional antennas and amplifiers on the facility located at 2850 El Camino Real (APN 049-201-010) consistent with the following Exhibits: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan, Pages 1 through 3 On motion by Commissioner , and seconded by resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary the foregoing EXHIBIT A: Conditions of Approval Draft Resolution PC 2006-0020 Amendment to CUP 2001-0043 Conditions of Approval Timing Responsibility Mitigation Amendment to CUP 2001-0043 /Monitoring Measure Wireless Telecommunications Facility BL: Business License PS: Planning Services BS: Building Services GP: Grading Permit FD: Fire Department 2850 EI Camino Real / Bechtel-Cingular Wireless BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney Standard Conditions/Mitigations 1. The approval of this Use Permit shall become BP PS final and effective for the purposes of issuing building permits, provided the required conditions of approval have been satisfied, 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. 2. Approval of this Conditional Use Permit shall be BP PS valid for twelve (12) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the applicant has received a building permit or applied for an extension of entitlement. 3. The granting of this Conditional Use Permit shall Ongoing PS apply to APN 049-201-010 regardless of owner. 4. The Community Development Department shall BP PS have the authority to approve minor changes to the project that (1) increase the square footage of the 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 Conditional Use Permit. 5. This Conditional Use Permit is for an additional six (6) flat panel antennas and twelve (12) tower mounted amplifiers, to be placed on the existing 80' monopine. Project Conditions/Mitigations 6. All antenna, landscaping, utility placement, and BP/FO PS, BS exterior elevations shall be consistent with Exhibit B, pages 1 through 3, attached. 7. The project shall continue to comply with all Ongoing PS, BS operating conditions of approval as specified in Conditions of Approval Timing Responsibility Mitigation Amendment to CUP 2001-0043 /Monitoring Measure Wireless Telecommunications Facility BL: Business License PS: Planning Services BS: Building Services GP: Grading Permit FD: Fire Department 2850 EI Camino Real / Bechtel-Cingular Wireless BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney PC Resolution 2000-0058. 8. The City of Atascadero shall be allowed Ongoing reasonable access to the site and shall be allowed use of the site for the purposes of installing, operating and maintaining telecommunications equipment. 9. No exterior lighting shall be installed on any BP PS, BS 1.c.2 structures 10. Additional landscaping, to be reviewed and BP/FO PS, BS 1.c.4 approved by Community Development, shall be added along the front and east sides of the existing shelter building to better screen the equipment facilities. 11. All construction activities shall comply with the BP/FO PS, BS 11.d.1 City of Atascadero Noise Ordinance for hours of operation. 12. The noise level of any equipment on the site shall BP/FO PS, BS 11.d.2 not exceed 50db at any property line. If noise levels approach or exceed this level, the facility owners shall provide an acoustical analysis and act immediately to reduce the noise levels to acceptable standards. 13. Should the proposed or existing facilities be BP/FO BS determined to no longer be required, all such facilities shall be removed and the site restored to its pre-existing condition. 14. Any gates located along the driveway are to be BP/FO BS Knox -type providing Fire Department access. 15. All public improvements shall be constructed in BP/FO BS conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 16. All landscaping and irrigation shall be monitored Ongoing PS and maintained and shall provide sufficient screening of the facilities. Atascadero Mutual Water Company Conditions Conditions of Approval Timing Responsibility Mitigation Amendment to CUP 2001-0043 /Monitoring Measure Wireless Telecommunications Facility BL: Business License PS: Planning Services BS: Building Services GP: Grading Permit FD: Fire Department 2850 EI Camino Real / Bechtel-Cingular Wireless BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney 22. Before the issuance of building permits, the BP AMWC applicant shall submit plans to AMWC for the water distribution and site work facilities needed to serve the project. AMWC shall review and approve the plans before construction begins. All water distribution facilities shall be constructed win conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations, Title 22, Division 4, Chapter 16). 23. Before the start of construction on the water BP AMWC system improvements, the applicant shall pay all installation and connection fees required by AMWC. 24. Before issuance of building permits, the applicant BP AMWC shall obtain a "Will Serve" letter, if necessary, from AMWC for the new facility EXHIBIT B: Site Plan, Page 1 IM AOrAdOVd EXHIBIT e Site Plan, Pagee EXHIBIT B: Site Plan, Page 3 - l��lllllll Iullllllll I�yiy�y�y� L!R!R!R!R �� ■RR1 IG. ■�_ %fir. 'i • '� ��_ ` 11 ianssa.aa� IlAlllllll �Rs■ ■RLQ, I/ylll'llll R �gly�y�y�lj Id�lljlj`j I_ii iG 1 1.1 II� ■ �= 1 ■s, IN - N: ' Mm ■Rt �oo 0 ITEM NUMBER: 7 DATE: 2-21-06 Atascadero Planning Commission Staff Report - Community Development Department Tentative Parcel Map 2005-0075 (AT 05-0292) 9075 San Diego Road (APN 045-441-005) (Mumford/Inman) RECOMMENDATION(S): The Planning Commission: Adopt Resolution No. PC 2006-0019 approving Tentative Parcel Map 2005-0075 (AT 05-0292), a request to subdivide one parcel totaling approximately 9 acres, gross, into three parcels of 2.632, 2.632 and 2.994 acres, and approving the removal of 11 native oak trees subject to mitigation, based on findings and subject to conditions. REPORT -IN -BRIEF: A request to subdivide one existing lot of record to create a three (3) -lot, residential subdivision with parcels of 2.6, 2.6 and 2.9 acres, each. The site is located at 9075 San Diego Road, on the north side of San Diego Road and west of Highway 101. The overall slope of the property is between 5% and 10%. SITUATION AND FACTS: 1. Owners: Micah Mumford, 7405 San Gabriel Rd., Atascadero Charles Inman, 7930 Santa Ysabel Ave., Atascadero Phone: 710-8545 2. Representative: Doug Sholders, Sholders Land Surveys 9301 Central Avenue, Garden Grove, CA 92844 Phone: (714) 537-2657 3. Project Address: 9075 San Diego Road, Atascadero, CA 93422 ITEM NUMBER: 7 DATE: 2-21-06 4. General Plan Designation: RE (Residential Estate, 2.5 -10 -acre minimum) 5. Zoning District: RS (Residential Suburban, 2.5 -10 -acre minimum) 6. Site Area: 8.95 acres, gross 7. Existing Use: Existing Single -Family Residence 8. Environmental Status: Class 15 Categorical Exemption DISCUSSION: Background: The site consists of one parcel, developed with one single-family residence and accessory structures and is gently to moderately sloped. There are several native oak trees on the property. The applicant is also requesting the removal of 11 native trees for driveway construction. The designated building envelopes and leach fields have been sited to minimize any further impacts to native trees. Development is not proposed at this time. ITEM NUMBER: 7 DATE: 2-21-06 The surrounding parcels are generally developed with single-family residences on 2.5 to ten acre lots. Analysis: Minimum lot size for RS parcels ranges from 2.5 to 10 acres, gross, based on performance standards. As shown in Attachment 4, the proposed subdivision is consistent with this requirement. The project would result in three lots with the potential to develop one single family home and one secondary unit of a maximum size of 1,000 square feet on each lot. Flag Lot Design: The existing lot configuration is deep and narrow, with limited road frontage on San Diego Road. Consequently, the applicant is proposing a flag lot design for the subdivision. Per the Subdivision Ordinance, the flag will be 24 -feet wide with 20 - feet of paving and will be owned by Proposed Parcel 1. Proposed Parcels 2 and 3 will have ingress/egress and public utility easements as necessary to serve the individual lots. The resulting lots will all take access from the flag and there will be one curb cut onto San Diego Road. In addition, the project has been conditioned to provide road frontage improvements on San Diego Road, consistent with the Zoning Ordinance. (Condition 30). Findings and conditions pertinent to flag lot design have been included in the attached draft resolution. Native Trees: There are several native trees on the property. A tree protection/removal report has been submitted by the applicant that requests removal of ten (10) Valley Oaks, ranging in size from 4 to 58 -inches, DBH and one (1) Live Oak of 58 -inches, DBH. These removals are being requested to facilitate construction of the driveway portion of the project. The building envelopes and leach fields have been sited to avoid future tree impacts. ITEM NUMBER: 7 DATE: 2-21-06 Proposed Tentative Map for Parcel Map AT 05-0292 Findings and conditions for tree removal have been included in the draft resolution attached to this staff report. Staff is recommending that the proposed tree removals be approved based on the following finding. 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. Environmental Review: The proposed parcel map is a Class 15 categorical exemption from the California Environmental Quality Act. ITEM NUMBER: 7 DATE: 2-21-06 Cnnclusinn- As conditioned, the subdivision is consistent with the General Plan and Zoning Ordinances. The parcel configurations are consistent with the Subdivision Ordinance requirements and the size and shape of the proposed lots are consistent with the character of the immediate neighborhood. Staff recommends the Planning Commission approve the Tentative Parcel Map and native tree removals as conditioned. FISCAL IMPACT: The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the proposed uses. ALTERNATIVES: 1. The Commission may approve the subdivision and tree removal subject to additional or revised project conditions. The Commission's motion to approve needs to include any new or revised project conditions. 2. The Commission may deny the subdivision if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. ATTACHMENTS: Attachment 1 Location Map (General Plan & Zoning) Attachment 2 Aerial View from GIS Attachment 3 Tree Protection Report and Removal Application Attachment 4 Minimum Lot Size Calculations Attachment 5 Draft Resolution PC 2006-0019 ITEM NUMBER: DATE: 2-21-06 ATTACHMENT 1: Location Map (General Plan and Zoning) TPM 2005-0075 9075 San Diego Road ITEM NUMBER: DATE: 2-21-06 ATTACHMENT 2: Aerial View from GIS TPM 2005-0075 (AT 05-0292) 9075 San Diego Road ITEM NUMBER: DATE: 2-21-06 ATTACHMENT 3: Tree Protection Report and Removal Application TPM 2005-0075 (AT 05-0292) 9075 San Diego Road TREE PROTECTION SPREAD SHEET 10 11 TREE TREE TRUNK TREE CONST DRIP -LINE CONST MITIGATION MONT PRUNING FIELD N SPECIES DBH CONDITIOP, STATUS %IMPACT IMPACT PROPOSAL REQUIRED CLASS NOTES 1 VO X 2 40 5 A 0% fencing NO 2 VO 20 5 R 100% GR NO 3 VO X 2 30 4 A 0% fencing NO 4 VO 17 5 1 10% GR fencing NO 6 LO X 3 58 5 R 100% GR NO possibly save see report 6 VO 18 5 R 100% GR NO possibly save see report 7 VO 20 5 1 40% GR/FILL F, RP, M YES 8 VO X 3 27 3 1 15% GR/FILL F. RP, M YES 9 VO 20 4 R 100% GR NO possibly save see report 10 VO 4 5 R 100% GR NO 11 VO X 3 11 5 R 100% GR NO 12 VOX 2 9 5 R 100% GR NO 13 LOX 2 35 6 1 10% GR/FILL fencing NO 14 VO 14 5 1 35% GR/FILL F, RP, M YES IV 15 VO 15 5 1 35% GR/FILL F. RP. M I YES 16 VO 28 3 1 35% GR/FILL F, RP, M I YES cavities. hazard tree 17 LO 50 2 1 35% GR/FILL F. RP. M YES previous failure 18 VO 6 3 R 100% GR NO 19 VO 21 4 R 100% GR NO utility trimmed 20 VO 1 14 1 4 i R 1 100% GR NO I utility trimmed ,. „er. Nosnruouwx rNw Duc NONnr r-coNsnuc,gN wncr r.rs rvwo.ro. cov.,crv. ,�e r:.�..,, :. nrcerm cawrDN Nwecwo•w,.n ora rNnowrnNraauNuaNrs «Ncao NDi+roNrD Nm,.«�...: - rrNa.touun«� O •r •..wDon« NUNDaeND aD.waD .,aND .•tN[t CDrbtgN,•NM 10• f MLENL ,0•RMWtOFD.NN/rJ CtASS,� 5•CDNSttNCIgN et.iUi �YDDfD VIinD INWwa „•i(ID NDn$ • pNV lH PENCENt O riACi[D Oroyl/[ TREE PROTECTION SPREADSHEET ITEM NUMBER: DATE: 10 11 TREE TREE TRUNK TREE CONST DRIP -LINE CONST MITIGATION MONT PRUNING FIELD 0 SPECIES DBH CONDITION STATUS % IMPACTI IMPACT PROPOSAL REQUIRED CLASS NOTES 41 LO 20 6 1 45% GR/FILL F. RP. M YES 42 LO X 2 46 6 1 10% GR/FILL F, RP, M YES IV 43 LO X 2 49 4 1 45% GR/FILL F. RP, M YES IV fresh split in trunk 44 LOX 2 53 4 1 30% GR/FILL F. RP. M YES IV 45 LO X 2 50 4 1 15% GR/FILL F. RP. M YES IV tag on post 46 LO 27 4 1 35% GR/FILL F, RP. M YES suppressed 47 LO 24 4 1 35% GR/FILL F, RP, M YES 48 LO 18 6 A 0% fencing NO 49 VO 42 4 1 10% GR F. RP, M YES cavities 50 LO X 3 58 4 1 10% GR F, RP. M YES IV 51 LO 22 6 A 0% fencing NO 52 LO X4 43 4 A 0% fencing NO 53 LO 18 4 1 10% GR F. RP, M YES 54 LO 28 3 1 15% GR F, RP. M YES in decline 55 LO X 2 44 5 A <10% I GR fencing NO IV 56 57 58 5-9- 60 . IM[ t WSrIV CtObnNSf rNW dA NOrtiH cONSitUCTpN wKr ivoF fAADnG COliKrgt. rMl Kr�M. • *NEE rYPE CCEtgll N1El t W 0 • WroiE OVl ltlpnlgN rtOWFE[tri I(NCM.1pIf0�VE� R(g1VRUtFf. I. Tw �wy[rEn O.r �, uaolrtl.gwro...c aowto rEeno �.� C COtpigt 1•roan.r0•r KEIIENr rD•PE EMRI1M0 CEA44 t� � • COr4*tKTgt 6*Arrq ppEO. MKT[D tEAgiK rr • rt1D WINOTFS 3. OtsEML EWCEtr OE tPKrED qV IME 2-21-06 ITEM NUMBER: 7 DATE: 2-21-06 ATTACHMENT 3 Cont°d: Tree Protection Report and Removal Application TPM 2005-0075 (AT 05-0292) 9075 San Diego Road TRP # CITY OF ATASCADERO ti TREE REMOVAL PERMIT SECTION 11.05 B.5 Applicant: / Name Mailing Address City, State, Zip Phone Arborist: Stec%-� /�/✓�ty���n %s.•-�cs�r Name � Mailing Adess � 93yd� 7 City, State, Zip !1'l 1— 0i 3/ Phone Reason for Removal: Site Address: Trh%%jsG /!j� per— Oys Z Site APN: TJRT AT T TR FRS TC) RF Rr:MMMn. # SPECIES SIZE (dbh) NUMBER TO BE REMOVED CONDITION OF TREE zo, /Y 20,k), it, 2. S8 3. 4. 5. 6. Property owner certifies that they have read and understood Atascadero Municipal Code Section 4- 11.105. Tree removal is not to facilitate future development A plot plan shall be included showing all proposed improvements on the property, trees to be removed, and trees to remain. The trees shall correspond with the numbers above. . Z� Z-;25-- /Z —/2--eY Signature of Property Owner Date Signature of ertified Arborist Date A A gnature, City of Atascadero Date Certification #: ATTACHMENT 4: Minimum Lot Size Calculations TPM 2005-0075 (AT 05-0292) 9075 San Diego Road Minimum Lot Size Criteria For the Residential Suburban Zone Address 9075 San Diego Road Lot Size Factors APN 045.441-005 Lot Size 3.356 acres (Proposed Parcel I) Contact Micah Mumford 710.8545 , _.-) 10-12,000=.30, 12. 14,000=,40, 14.16,000 =50,0-18,000 0,16-18,000 = .60, Distance from Center of 18.20,000=.15, Community >20,000=.90 14,769 0.5 < ran me =. kpticsaitah�ly(perkS9®'mch=1.00 20-39 midinch=.15 Septic Suitability (perk 40-59 midinch=1.00 20.39 0.75 rate) 60 minlinch=1.50 35 0.75 21.25%• IA 26-30% 115. 0-10%=.5, 1120%=.75, %1WWRope 21-25% =1.0, 26-30%=1.25, 5.00% OS Average Slope 31-35%=1.75, 3640%=2.00 5.00% 0.5 rcadlesadosi %=.40 Paved accep a roa =. ave road less than I5%=.40 Paved road more than 15%=.50 All weather less than IS°/ =.75 All weather more than 15%=1,00 Access Coaitior Unimproved less than 15%=1.25 Cdy �V'ed 0.4 117 0.4 Access Condition jUnimproved more than I5%=1.5 City accepted 0.41 117 0.4 101 sizes within 1,500' ISM Fen (xmt Average Lot Size Within 0.4 1500 Feet (acres) 2.41 0.48 Minimum Lot size 2,632 ITEM NUMBER: DATE: 2-21-06 Minimum Lot Size Criteria For the Residential Suburban Zone Address 9075 San D Road Lot Size Factors APN 015441-M Lot Size 2.757 am ( Parcel' Coataet Miall MOW 71"%S 179.01111-20. 10-110110=30.12-141,000z.40, 1416000- SD,16.1&000- 60• DisuottfraeCtdaaf 18d0.MD=.15, Coomamily >Zox .90 4.760 05 ms 20.39rrm *b-75 kpticsaitah�ly(perkS9®'mch=1.00 20-39 rrun/inch=.75 rout >60anaawk-130 20.39 0.75 rate) I . •S, 11• ; =,t , 40-59 1 21.25%• IA 26-30% 115. %1WWRope 31.35%•1.75, 31W.-10) 5.00% OS Average Slope n 9% 0.5 rcadlesadosi %=.40 Paved ',:try accepted roa =. ave rcadmore than lN. O AO *earhrrless�IS% .7S 4D wratkr mare �an ISY =1.00 Uhunprwxd less than 13%- IL Access Coaitior Cm�ro xd once Ihaa IS ; = 15 Cdy �V'ed 0.4 117 0.4 lot clan nh11a ISM' Unimproved more than 15%=1.5 City accepted 0.4 1 1 7 %%trage Lal Size NiOin lot sizes within 1,500' ISM Fen (xmt 2.41 0.4 .1lanimam Lot She- 2.632 Minimum Lot Size Criteria For the Residential Suburban Zone Address 9075 San Diego Road Lot Size Factors APN 045-441-005 Lot Size 2.825 acres (Proposed Parcel 3) Contact Micah Mumford 710-8545 10-12,000=.30, 12-14,000=.40, 14-16,000 =.50,16-18,000 =.60, Distance from Center of 18-20,000=.75, Community > 20,000 =.90 14,769 0.5 <20 ant me =. 20-39 rrun/inch=.75 Septic Suitability (perk 40-59 min/inch=1.00 rate) > 60 min/inch=1.50 40-59 1 21-25%=1.0, 26-30%=125, Average Slope 31-35%=1.75, 36-40%=2.00 9% 0.5 ',:try accepted roa =. ave road less than 15%=.40 Paved road more than 15%=.50 All weather less than 15%=.75 All weather more than 15% =1.00 Unimproved less than 15% =1.25 Access Condition Unimproved more than 15%=1.5 City accepted 0.4 1 1 7 0.4 lot sizes within 1,500' Average Lot Size Within 1500 Feet (acres) 2.41 0.48 mimum Lot Size= 2,882 Minimum Lot Size Criteria For the Residential Suburban Zone Address 9075 San Diego Road Lot Size Factors APN 045-441-005 Lot Size 2.825 acres (Proposed Parcel 3) Contact Micah Mumford 710-8545 10-12,000=.30, 12-14,000=.40, 14-16,000 =.50,16-18,000 =.60, Distance from Center of 18-20,000=.75, Community > 20,000 =.90 14,769 0.5 <20 ant me =. 20-39 rrun/inch=.75 Septic Suitability (perk 40-59 min/inch=1.00 rate) > 60 min/inch=1.50 40-59 1 21-25%=1.0, 26-30%=125, Average Slope 31-35%=1.75, 36-40%=2.00 9% 0.5 ',:try accepted roa =. ave road less than 15%=.40 Paved road more than 15%=.50 All weather less than 15%=.75 All weather more than 15% =1.00 Unimproved less than 15% =1.25 Access Condition Unimproved more than 15%=1.5 City accepted 0.4 1 1 7 0.4 lot sizes within 1,500' Average Lot Size Within 1500 Feet (acres) 2.41 0.48 ITEM NUMBER: DATE: 2-21-06 ATTACHMENT 5: Draft Resolution PC 2005-0026 Approving TPM 2005-0075 (AT 05-0292) 9075 San Diego Road DRAFT RESOLUTION NO. PC 2006-0019 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING TENTATIVE PARCEL MAP 2005-0075 (AT 05-0292) TO DIVIDE ONE LOT INTO THREE RESIDENTIAL LOTS ON THE NORTH SIDE OF SAN DIEGO ROAD, EAST OF ATASCADERO AVENUE AND WEST OF HIGHWAY 101 AT 9075 SAN DIEGO ROAD (APN 045-441-005) (MUMFORD/INMAN) WHEREAS, Micah Mumford, 7405 San Gabriel Road, and Charles Inman, 7930 Santa Ysabel Ave., Atascadero, CA 93422 (Applicant/Property Owner) applied for a Tentative Parcel Map to subdivide one lot totaling 8.95 acres, gross, into three lots of 2.632, 2.632 and 2.994 acres, gross, each; and, WHEREAS, the proposed project has a General Plan Designation of RE (Residential Estate, 2.5 -10 -acre minimum) and is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and, WHEREAS, the site is located in the RS (Residential Suburban,) zoning district with a minimum lot size of 2.5 -10 -acres, based on performance standards, which allows for the proposed use and density when certain findings are made; and, WHEREAS, the project is a Class 15 Categorical Exemption from the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Tentative Parcel Map application on February 21, 2006 at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public. NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Approval of subdivision. The Planning Commission finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. ITEM NUMBER: 7 DATE: 2-21-06 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 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 subdivision is consistent with the character of the immediate neighborhood. 7. 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. 8. The proposed subdivision design and type of improvements proposed will not cause serious public health problems. 9. The proposed subdivision will be accomplished without detriment to the adjacent properties. SECTION 2. Approval of Flag Lot Subdivision, the Planning Commission of the City of Atascadero finds as follows: 1. The installation of a standard street, either alone or in conjunction with neighboring properties is not feasible. 2. The flag lot is justified by topographical conditions. SECTION 3. Approval of Tree Removal Permit, the Planning Commission of the City of Atascadero finds as follows: The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: 1. Early consultation with the City; 2. Consideration of practical design alternatives; 3. Provision of cost comparisons (from applicant) for practical design alternatives; 4. If saving tree eliminates all reasonable uses of the property; or 5. If saving the tree requires the removal of more desirable trees. SECTION 4. Approval. The Planning Commission does hereby approve Tentative Parcel Map 2005-0075 (AT 05-0292) to subdivide one parcel totaling 8.95 acres into three parcels of 2.6, 2.6 and 2.9 acres, gross, each, and approves the removal of 11 native trees subject to the following Conditions and Exhibits: ITEM NUMBER: 7 DATE: 2-21-06 EXHIBIT A: Conditions of Approval EXHIBIT B: Tentative Parcel Map 2005-0075 EXHIBIT C: Native Tree Removal Mitigation Fees On motion by Commissioner and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary ITEM NUMBER: DATE: 2-21-06 EXHIBIT A: Conditions of Approval Draft Resolution PC 2005-0026 TPM 2005-0075 (AT 05-0292) Conditions of Approval Program Timing Responsibility /Monitoring TPM 2005-0075 (AT 05-0292) FM: Final Map PS: Planning Services GP: Grading Prmt BS: Building Services BP: Building Prmt FD: Fire Department 9075 San Diego Road TO: Temporary PD: Police Department Occupancy CE: City Engineer F0: Final WW: Wastewater Occupancy CA: City Attorney PI: Public AMWC: Atascadero Improvements Mutual Water Company Standard Planning Conditions 1. The approval of this application shall become final, subject to the Ongoing PS completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9- 1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Parcel Map shall be valid for two years FM PS 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, or a final map is recorded with the County Recorder's Office. 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 Parcel Map. 4. A parcel 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 final parcel map shall be subject to additional fees for park or FM PS recreation purposes (QUIMBY Act) as required by City Ordinance. ITEM NUMBER: DATE: 2-21-06 Conditions of Approval Program Timing Responsibility /Monitoring TPM 2005-0075 (AT 05-0292) FM: Final Map PS: Planning Services GP: Grading Prmt BS: Building Services BP: Building Prmt FD: Fire Department 9075 San Diego Road TO: Temporary PD: Police Department Occupancy CE: City Engineer F0: Final WW: Wastewater Occupancy CA: City Attorney PI: Public AMWC: Atascadero Improvements Mutual Water Company Project Specific Conditions 7. All recommendations and tree protection measures, as outlined in GP/FM BS/PS the Tree Protection Report, prepared by A&T Arborists shall be implemented prior to and during all construction activity on the project site. 8. All tree mitigation fees shall be paid prior to issuance of public FM PS improvement permits or prior to recordation of the final map. Engineering Standard Conditions 9. In the event that the applicant bonds for the public improvements FM CE required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 10. An engineer's estimate of probable cost shall be submitted for FM CE review and approval by the City Engineer to determine the amount of the bond. 11. The Subdivision Improvement Agreement shall record FM CE concurrently with the Final Map. 12. A six (6) foot Public Utility Easement (PUE) shall be provided FM CE contiguous to the property frontage. 13. The applicant shall acquire title interest in any off-site land that FM CE 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. 14. Drainage easements shall be obtained by the applicant as FM CE needed to accommodate both public and private drainage facilities. The applicant shall address storm water detention prior to grading and drainage approval. 15. A preliminary subdivision guarantee shall be submitted for review FM CE ITEM NUMBER: DATE: 2-21-06 Conditions of Approval Program Timing Responsibility /Monitoring TPM 2005-0075 (AT 05-0292) FM: Final Map PS: Planning Services GP: Grading Prmt BS: Building Services BP: Building Prmt FD: Fire Department 9075 San Diego Road TO: Temporary PD: Police Department Occupancy CE: City Engineer F0: Final WW: Wastewater Occupancy CA: City Attorney PI: Public AMWC: Atascadero Improvements Mutual Water Company in conjunction with the processing of the final parcel map. 16. The final map shall be signed by the City Engineer prior to the FM CE map being placed on the agenda for Planning Commission/City Council acceptance. 17. Prior to recording the final map, the applicant shall pay all FM CE outstanding plan check/inspection fees. 18. Prior to recording the final map, the applicant shall bond for or FM CE complete all improvements required by these conditions of approval. 19. Prior to recording the final map, the applicant's surveyor shall set FM CE monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 20. Prior to recording the parcel map, the applicant shall submit a FM CE 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. 21. All existing and proposed utility, pipeline, open space, or other FM CE easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. The applicant shall show all access restrictions on the final map. 22. Prior to recording the final 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 final map. ITEM NUMBER: DATE: 2-21-06 Conditions of Approval Program Timing Responsibility /Monitoring TPM 2005-0075 (AT 05-0292) FM: Final Map PS: Planning Services GP: Grading Prmt BS: Building Services BP: Building Prmt FD: Fire Department 9075 San Diego Road TO: Temporary PD: Police Department Occupancy CE: City Engineer F0: Final WW: Wastewater Occupancy CA: City Attorney PI: Public AMWC: Atascadero Improvements Mutual Water Company 23. All public improvements shall be constructed in conformance with FM CE the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 24. The applicant shall be responsible for the relocation and/or FM CE alteration of existing utilities. 25. Prior to the issuance of grading/building permits the applicant shall submit plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer 26. The applicant shall install all new utilities (water, sewer, gas, FM CE electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 27. Prior to the final inspection of any public improvements, the FM CE 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. 28. The applicant shall monument all property corners for FM CE construction control and shall promptly replace them if disturbed. Engineering Project Specific Conditions 29. The applicant shall dedicate right of way along the San Diego FM BS Road frontage consistent with City standard 403 B. 30. The applicant shall improve the San Diego Road across the FO CE/BS entire frontage consistent with City Standard 403 B. Improvements to be 1/2 the road width plus 10 feet. 31. The applicant shall provide ingress/egress and public utility FM CE easements over the flag portion of Parcel 1, for the use and benefit of Parcels 2 and 3. 32. The access way (flag portion of Parcel 1) it shall be at least FM CE twenty-four (24) feet wide with twenty (20) feet of pavement 33. Each lot shall have yards as required by the zoning regulations, FM CE ITEM NUMBER: DATE: 2-21-06 Conditions of Approval Program Timing Responsibility /Monitoring TPM 2005-0075 (AT 05-0292) FM: Final Map PS: Planning Services GP: Grading Prmt BS: Building Services BP: Building Prmt FD: Fire Department 9075 San Diego Road TO: Temporary PD: Police Department Occupancy CE: City Engineer F0: Final WW: Wastewater Occupancy CA: City Attorney PI: Public AMWC: Atascadero Improvements Mutual Water Company including a ten (10) foot setback along any access way (flag portion). 34. A reflectorized house number master sign shall be located at the PI/GP CE intersection of the street and access way and individual reflectorized address signs shall be placed on the right-hand side of the driveway to each individual lot. Building /Fire Marshal: 35. All roads, access ways and driveways shall be built to Fire GP FD/PS/BS Department standards, including turnouts and/or turnarounds, as required. 36. All residential structures shall be within 800 feet of a fire hydrant GP FD/PS/BS as measured along the road and driveways. Water Company: 37. Prior to recordation of the Final Map, the applicant shall submit FM AMWC plans to AMWC for 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. 38. Prior to the issuance of building permits, the applicant shall obtain GP/BP AMWC/BS a "Will Serve" letter from the Atascadero Mutual Water Company for each of the Lots. 39. Prior to the start of construction, the applicant shall pay all GP/BP AMWC installation and connection fees required by the Atascadero Mutual Water Company. 40. Separate water meters for domestic water service are required GP/BP AMWC for each individual lot created by the subdivision. ITEM NUMBER: DATE: 2-21-06 Conditions of Approval Program Timing Responsibility /Monitoring TPM 2005-0075 (AT 05-0292) FM: Final Map PS: Planning Services GP: Grading Prmt BS: Building Services BP: Building Prmt FD: Fire Department 9075 San Diego Road TO: Temporary PD: Police Department Occupancy CE: City Engineer F0: Final WW: Wastewater Occupancy CA: City Attorney PI: Public AMWC: Atascadero Improvements Mutual Water Company 41. The applicant shall provide AMWC with easements for those Ongoing AMWC water facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained rights- of-way. AMWC shall review the form and content of the easements before recordation. EXHIBIT B: Tentative Parcel Map Resolution PC 2005-0026 TPM 2005-0075 (AT 05-0292) y . Z a • v ~ _ 1 ]4 At" ITEM NUMBER: 7 DATE: 2-21-06 Z a � t 41 � \ •o r „a � � VI At" J. N ^�I nn� � Y• A e � �Z4 gni ��� ✓ R� 1\ ITEM NUMBER: 7 DATE: 2-21-06 Z a � t 41 � \ •o r „a � � VI EXHIBIT C: Native Tree Removal Mitigation Fees Resolution PC 2005-0026 TPM 2005-0075 (AT 05-0292) Date: February 15, 2006 Address: 9075 San Diego Applicant: Mumford/Inman Owner: Mumford/Inman Tree protection required? yes Total number of trees impacted: 26 Removals: Number greater than 24'DBH: 2 PC Permit Required? Status: Replacements required: Evergreen Native Trees (inches) dbh notes 1 58 -inches Live Oak (Tree 5) 2 3 4 5 6 Total 58 -inches Mitigation Requirement Tree Fund Payment: $ ITEM NUMBER: 7 DATE: 2-21-06 Prepared by: KMargason Permit #: TPM 2005-0075 Telephone: 710-8545 Telephone: Same Arborist review required? yes number less than 24' DBH: 9 yes in process Deciduous Native Trees (inches) Total 181 -inches 483.33 Tree Fund Payment: $ 3,016.67 Totals 239 -inches $ 3,500.00 T:\- TPM - Tentative Parcel Maps\TPM 04\TPM 2005-0075 West Front Street\TPM 2005-0075 PC Staff Report.km.doc dbh notes 1 20 -inches VO (Tree 2) 2 18 -inches VO (Tree 6) 3 20 -inches VO (Tree 9) 4 4 -inches VO (Tree 10) 5 11 -inches VO (Tree 11) 6 9 -inches VO (Tree 12) 7 6 -inches VO (Tree 18) 8 21 -inches VO (Tree 19) 9 14 -inches VO (Tree 20) 10 58 -inches VO (Tree 25) Total 181 -inches 483.33 Tree Fund Payment: $ 3,016.67 Totals 239 -inches $ 3,500.00 T:\- TPM - Tentative Parcel Maps\TPM 04\TPM 2005-0075 West Front Street\TPM 2005-0075 PC Staff Report.km.doc