Loading...
HomeMy WebLinkAboutPC_2006-03-21_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, March 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: Prior to a project hearing, Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, tentative subdivision maps, parcel maps, variances, conditional use permits, and planned development permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda) 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 March 21, 2006 Page 2 of 5 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON MARCH 7, 2006. 2. ACCEPTANCE OF FINAL MAP 2005-0128,3600 TRAFFIC WAY (TPM 2005- 0071) GENE BARRE COMMUNITY DEVELOPMENT STAFF REPORTS 3. TREE REMOVAL PERMIT 2006-0086 Owner: Atascadero Unified School District, 5601 West Mall, Atascadero, CA 93422 Applicant: Steve Kahn, City of Atascadero, 6907 El Camino Real, Atascadero, CA 93422 Project Title: Tree Removal Permit 2006-0177 Project Lewis Avenue Bridge Project Site, APN 029-361-001 Location: General Plan Designation: Downtown / Open Space Zoning District: DC, DO / L, P, OS Project A request to remove nine existing native trees: eight (8) native Black Walnut trees totaling 119 inches Description: (dbh) and one (1) native 5" (dbh) Live Oak tree, for the construction of the Lewis Avenue Bridge. The bridge will be constructed over Atascadero Creek connecting Lewis Avenue with Capistrano Avenue. Proposed On December 15, 2005, the Public Works Department approved the Lewis Avenue Bridge Project. Environmental Environmental review was performed by staff in the form of a Precise Plan (PPN-2005-0197) and Determination: Mitigated Negative Declaration. The MND identified the nine native trees for removal, requiring a Tree Removal Permit from the City. PUBLIC HEARINGS (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name and address for the record and can address the Commission for five minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) City of Atascadero Planning Commission Agenda Regular Meeting March 21, 2006 Page 3 of 5 4. TENTATIVE PARCEL MAP 2005-0076,8290 SANTA YNEZ AVENUE Owner: Knute Welsh, 8290 Santa Ynez Ave., Atascadero, CA 93422 Applicant: Micah Mumford, 7405 San Gabriel, Atascadero, CA 93422 Project Title: Tentative Parcel Map 2005-0076 Project 8290 Santa Ynez Avenue, Atascadero, CA 93422, APN 031-222-008 Location: 919 Patria Circle, Atascadero, CA 93422 , APN 045-357-016 Location: General Plan Designation: MDR Zoning District: RMF -10 Project The project is a request for a 3 -unit condominium subdivision with one existing dwelling and Description: construction of 2 additional dwellings on a Residential Multi -Family — 10 lot. Proposed Class 3 (a) Categorical Exemption — New Construction or Conversion of Small Structures Environmental Class 1 (e) Categorical Exemption — Addition to existing structure of less than 50% of the existing Determination: floor area, in an area served by public services. 5. CONDITIONAL USE PERMIT 2006-0177, PATRIA CIRCLE TO BE CONTINUED Owners: Mark Owens, 919 Patria Circle, Atascadero, CA 93422 Karen Reed, 924 Patria Circle, Atascadero, CA 93422 Applicant: Dennis Reed, 2455 Reyna Drive, Hayward, CA 94541 Project Title: Conditional Use Permit 2006-0177 Project 919 Patria Circle, Atascadero, CA 93422 , APN 045-357-016 Location: 924 Patria Circle, Atascadero, CA 93422, APN 045-357-013 General Plan Designation: HDR Zoning District: RMF-16/PD-7 Project The project is a request to amend a Master Plan of Development to allow enclosure of patio areas Description: Within a Planned Development resulting in greater than 35% lot coverage. Proposed Class 1 (e) Categorical Exemption — Addition to existing structure of less than 50% of the existing Environmental floor area, in an area served by public services. Determination: COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT City of Atascadero Planning Commission Agenda ADJOURNMENT Regular Meeting March 21, 2006 Page 4 of 5 The next regular meeting of the Planning Commission will be on April 4, 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 March 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: 3-21-06 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, March 7, 2006 — 7:00 P.M. Chairperson Beraud called the meeting to order at 7:02 p.m. and Commissioner Fonzi led the Pledge of Allegiance. Rr)I I rAI I Present: Commissioners Fonzi, Kelley, Porter, Slane, O'Keefe and Chairperson Beraud Absent: Commissioner Jones Staff Present: Community Development Director Warren Frace, Police Chief John Couch, Deputy Community Development Director Steve McHarris, City Attorney Patrick Enright and Recording Secretary Grace Pucci. PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA MOTION: By Vice Chairperson O'Keefe and seconded by Commissioner Porter to approve the agenda. Motion passed 6:0 by a roll -call vote. PUBLIC COMMENT Jerry James expressed concern regarding illegal grading at the Calvary Chapel at 6955 Portola Road and the resulting damage in the surrounding neighborhood. Mr. James distributed a handout to the Commission. (Exhibit A) Chairperson Beraud closed the Public Comment period. PC Draft Minutes 03/07/06 Page 1 of 6 CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON FEBRUARY 21, 2006. Chairperson Beraud asked for a change to the Minutes of February 21, 2006: Page 8 second and eighth paragraphs under Public Comment, William Baring changed to William Mehring. Vice Chairperson O'Keefe requested a change to the Minutes of February 21, 2006, Agenda Item #3: addition of a third question she had asked of staff regarding what determines a front yard and staff's response that a lot facing a street is always the front yard; that the front yard is not determined by the location of the front door. She asked that the Recording Secretary listen to the tape and make the changes. MOTION: By Vice Chairperson O'Keefe and seconded by Commissioner Slane to approve Item #1 as amended. Motion passed 6:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS 2. ZONE CHANGE 2006-0114 Applicant: City of Atascadero, 6907 El Camino Real, Atascadero, CA 93422 Phone: 461-5000 Project Title: Zone Change 2006-0114, Zone Text Amendment Project The proposed Zoning Code Text Amendment may change sections of the Atascadero Location: Municipal Zoning Code within the CR (Commercial Retail) and CS (Commercial Services) Zoning Districts. Project The proposed project consists of an application for a Zone Text Amendment to update Description: allowable and conditionally allowed uses within Commercial Zoning Districts throughout the City consistent with the General Plan. Amend Conditional Uses to include: Medical Marijuana Dispensary (See Chapter 12 of Title 5). It is the purpose and intent of this proposed Ordinance to regulate Medical Marijuana Dispensaries in order to promote the health, safety, morals, and general welfare of the residents and businesses within the City. It is neither the intent nor effect of this Ordinance to condone or legitimize the use of marijuana. General Plan Land Use Designation: General Commercial (GC) Zoning Districts: Commercial Retail (CR) and Commercial Service (CS) Proposed Based on the initial study prepared for the project, a Negative Declaration is proposed. Environmental The proposed Negative Declaration is available for public review from 2/10/06 through Determination: 3/1/06 at 6907 El Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. PC Draft Minutes 03/07/06 Page 2 of 6 City Attorney Patrick Enright gave the staff report and with Community Development Director Warren Frace and Police Chief John Couch answered questions of the Commission. PUBLIC COMMENT Charles Lynch, owner of Central Coast Compassionate Caregivers, encouraged the Commission to vote for allowing this use in both the Commercial Retail and Commercial Services zones and suggested that the hours go to six or seven in the evening to accommodate patients who come in after 5:00 p.m. Mr. Lynch answered questions of the Commission. Isaac Forsman spoke in favor the medicinal use of marijuana and commented that as this is the only dispensary in the county he is concerned about limiting the number of patients that can be served. Joanne Main commented that because this use was non -retail sales tax generating she would not like to see prime retail areas used for this purpose. Chairperson Beraud closed the Public Comment Period. Ex -Parte Communications ■ Chairperson Beraud stated she had spoken with the owner of California Tans. Vice Chairperson O'Keefe suggested that is would be helpful if appointments were required. Police Chief Couch agreed it would make sense and would impact the number of patients at a dispensary at any one time. Commissioner Slane stated his concerns with impacts on law enforcement and that this action would violate the Federal Law. Chairperson Beraud expressed her concerns with compatibility of this use with commercial retail and the burden placed on the City to monitor this use. She also stated her concern with both having a restriction on the number of patients allowed as well as restricting only one such use in the City. The following revisions to the draft ordinance were proposed by members of the Commission: ■ Hours of operation to be from 9:00 a.m. to 6:00 p.m. ■ Appointments are scheduled and dispersed throughout the day. ■ Either no limit to the number of patients served or the allowance of more than one facility in the City. ■ Page 46 of the staff report, Item (G) (3): removal of the word "openly." PC Draft Minutes 03/07/06 Page 3 of 6 There was Commission discussion of the proposed revisions. MOTION: By Chairperson Beraud and seconded by Commissioner Slane to adopt Resolution PC 2006-0024 recommending that the City Council certify Proposed Mitigated Negative Declaration 2006- 0004; and, adopt Resolution PC 2006-0025 recommending that the City Council introduce an ordinance for first reading by title only, to approve Zone Text Change 2006-0114 establishing medicinal marijuana dispensaries as a conditional use in the Commercial Service Zone, with the following revisions: 1. That the hours of operation be from 9:00 to 6:00. 2. The number of patients not be limited. 3. Operating Requirement (G) (3) changed to read: Patients shall not openly medicate in public places. 4. The flexibility of expanding the number of dispensaries in town to be greater than one. Motion failed 3:3 by a roll -call vote. (Commissioners Slane, Kelley, Fonzi opposed) Commissioner Slane stated for the record that he voted no based on the fact that he believes the Commission is violating the federal Constitution and that the ordinance and the dispensary are not needed. Commissioner Kelley stated for the record that he voted no because he is concerned with the conflict of the laws and he doesn't think all the pieces are in place to set up an ordinance in this City. He also believes there should be a moratorium on this until everything is in place to do it correctly with a good flow between federal and state law. Commissioner Fonzi stated for the record that her reason for voting no is that she believes one facility per City is enough. Vice Chairperson O'Keefe asked that it be noted for the record that though she voted in favor of the motion she believes that is should be limited to 250 patients and one dispensary. MOTION: By Commissioner Porter and seconded by Commissioner Fonzi to adopt Resolution PC 2006-0024 recommending that the City Council certify Proposed Mitigated Negative Declaration 2006-0004; and, adopt Resolution PC 2006-0025 recommending that the City Council introduce an ordinance for first reading by title only, to approve Zone Text Change 2006-0114 establishing medicinal marijuana dispensaries as a conditional use in the Commercial Service Zone, with the following revisions: 1. That the hours of operation be 9:00 a.m. to 6:00 p.m. 2. That the number of patients shall not be limited. PC Draft Minutes 03/07/06 Page 4 of 6 3. Operating Requirement (G) (3) changed to read: Patients shall not openly medicate in public places. Motion passed 4:2 by a roll -call vote. (Commissioners Slane and Kelley opposed) Vice Chairperson O'Keefe stated for the record that she would still have liked to have had the number of patients limited to 250. COMMISSIONER COMMENTS AND REPORTS Chairperson Beraud asked about the 2006 Planners Institute in Monterey scheduled for March, and suggested staff gets in touch with the City of Santa Cruz as they are in the process of reviewing condo conversions. DIRECTOR'S REPORT 3. VARIANCE 2005-0009 DETERMINATION 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: Project A Variance request to allow a front yard fence to be five (5') to six (6') feet in height. Fencing Description: within the 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 Environmental under the provisions of the California Environmental Quality Act, CEQA section 15305. Minor Determination Alterations in Land Use Limitations. Community Development Director Warren Frace explained staff's recommendation. MOTION: By Commissioner Kelley and seconded by Commissioner Porter to adopt Resolution PC 2006-0022 approving Variance 2005-0009 based on findings. Motion passed 4:2 by a roll -call vote. (O'Keefe, Beraud opposed) Director Frace reported on the following: 1) Planners Institute in Monterey—the City is short of funds for training this year and will not be sending Commissioners, 2) staff will look into the Santa Cruz condo conversion action, 3) there is an informal joint session scheduled with the City Council on March 14th to discuss an issues and options report PC Draft Minutes 03/07/06 Page 5 of 6 on condominium conversions, and an additional formal joint session on March 28th at 5:30 p.m. regarding a General Plan Amendment proposed for the Eagle Creek Golf Course, 4) the Carl's Jr. CUP has been appealed and will be on the next City Council agenda, 5) the Shores carwash on San Anselmo has been appealed and is scheduled before the City Council on March 28th, and 6) the fence item variance has been appealed and will be considered by Council on April 11th. Director Frace reviewed the agenda for the next Planning Commission meeting. ADJOURNMENT Chairperson Beraud adjourned the meeting at 8:47 p.m. to the next regularly scheduled meeting of the Planning Commission on March 21, 2006. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary The following exhibit is available for review in the Community Development Department: Exhibit A — Jerry James, letter PC Draft Minutes 03/07/06 Page 6 of 6 ITEM NUMBER: 2 DATE: 3-21-06 Atascadero Planning Commission Staff Report - Public Works Department Final Map Acceptance Final Map 2005-0128 (Parcel Map AT 05-0173) [TPM 2005-0071] 3600 Traffic Way (Eugene Barre / Twin Cities Surveying, Inc.) RECOMMENDATIONS: Staff recommends: Planning Commission accept Final Map 2005-0128 (Parcel Map AT 05-0173). DISCUSSION: On September 20, 2005, the Planning Commission approved Tentative Parcel Map 2005-0071 to subdivide one residential lot (2.07 gross 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 not offers of dedication on this map. Staff has determined that the Final Parcel Map is consistent with approved Tentative Parcel Map. PREPARED BY: Steve Kahn, City Engineer ATTACHMENTS: Exhibit A: Final Map 2005-0128 (Parcel Map AT 05- 0173) Final Map 2005-0128 Page 1 of 2 Exhibit A Final Map 2005-0128 (Parcel Map AT 05-0173) 3600 Traffic Way Eugene Barre / Twin Cities Engineering, Inc. CO A ?} Q Y O ; pp / h 3 tt� ��/hal ,.. i �a Zs aE41IS G ti %f 3 4 3 gy ia"CO onk<9a t $ h g$ :yea •#}L � fZ Ya6G4:agat b C i y al00. q4 j J9J U43 'ai23 o Final Map 2005-0128 v t�on_'J N vo dW U2, C4 n Lira L ava"a�tw�� A ?} Q / � 3s Vii$ �� U i / tt� ��/hal ,.. i �a Zs aE41IS G ti %f 3 4 3 gy ia"CO r t / y � U Final Map 2005-0128 v t�on_'J N vo dW U2, C4 n Lira L ava"a�tw�� Page 2 of 2 A ?} 3?� U d W CL a �� U i / a O/ /A � ia"CO r t m a —01 :yea •#}L � fb p Page 2 of 2 f W CL g r } �� U i a /A a t m a —01 :yea •#}L � fb p I !j h H P L 0 Page 2 of 2 ITEM NUMBER: 3 DATE: 3-21-06 Atascadero Planning Commission Staff Report - Community Development Department Tree Removal Permit TRP 2006-0086 (Lewis Avenue Bridge / City of Atascadero) SUBJECT: A request to remove nine existing native trees: eight (8) native Black Walnut trees totaling 119 inches (dbh) and one (1) native 5" (dbh) Live Oak tree, for the construction of the Lewis Avenue Bridge. The bridge will be constructed over Atascadero Creek connecting Lewis Avenue with Capistrano Avenue. RECOMMENDATION: Staff recommends: The Planning Commission adopt Resolution PC 2006-0027 to approve the request to remove nine native trees subject to the guidelines and mitigation required by the Atascadero Municipal Code and Native Tree Ordinance. Situation and Facts: 1. Owner: 2. Applicant: 2. Certified Arborist 3. Project Address: BACKGROUND: Atascadero Unified School District, 5601 W. Mall Atascadero, CA 93422 City of Atascadero Public Works Department, 6907 EI Camino Real, Atascadero, CA 93422 A&T Arborists, P.O. Box 1311 Templeton, CA 93465 Lewis Avenue, Atascadero, CA 93422 APN: 029-361-001 On December 15, 2005, the Public Works Department approved the Lewis Avenue Bridge Project. Environmental review was prepared in the form of a Precise Plan and Mitigated Negative Declaration (PPN-2005-0197). The Mitigated Negative ITEM NUMBER: 3 DATE: 3-21-06 Declaration identified the nine native trees for removal, requiring a tree removal permit from the City. AV � rpt ;�/tJ•�• � ,i' "i� � '�` �'�, --� 14t :'..� a, , . �,::'+� r,W� t �► J� Project �4V`_ ' Location NA .41 k4o,�k40.AX YA f ANALYSIS: According to the Arborist, tree #184F is a 5" (dbh) Live Oak. All other trees proposed for removal are Black Walnut trees which total114" (dbh) (Attachment 2, Arborist Report). Tree removal is required to allow construction of the proposed bridge. The City of Atascadero's Native Tree Ordinance requires that mitigation for native tree removals be implemented as a condition of approval. Staff recommends that the applicant pay mitigation fees into the native tree fund. FINDINGS: Pursuant to the Tree Ordinance (Ordinance No. 214), "decisions on native tree removals of 24 -inch dbh-size or larger shall be made by the Planning Commission." In considering any tree removal permit request, at least one of the findings must be ITEM NUMBER: 3 DATE: 3-21-06 made. Staff has identified finding (v) on all trees proposed for removal as appropriate for the application request: (v). The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: • Early consultation with the City; • Consideration of practical design alternatives; • Provision of cost comparisons (from applicant) for practical design alternatives; • If saving tree eliminates all reasonable uses of the property; or • If saving the tree requires the removal of more desirable trees. CONCLUSION: The applicant has submitted a Tree Protection/Removal Plan with an Arborist Report. According to the arborist, all trees proposed for removal have been determined to be obstructing proposed improvements. PREPARED BY: Steve Kahn, Public Works Director ATTACHMENTS: Attachment 1: Aerial and Site Photos Attachment 2: Arborist Report Attachment 3: Draft Resolution PC 2006-0027 Exhibit A: Conditions of Approval Exhibit B: Tree Removal Plan Attachment 1: Aerial and Site Photos Sk Pr• Ct Lo ti n 'v ,may e ITEM NUMBER: 3 DATE: 3-21-06 VMO c ITEM NUMBER: 3 DATE: 3-21-06 Attachment 2: Arborist Report AOL AML A & T RSOR=STS � = P.O. BOX 1311 TEMPLETON, CA 93465 (805) 4340131 March I, 2006 ERECLCity of Atascadero 16905 EI Camino RealSuite #6 i Atascadero, CA 93422 Att: Steve Kahn Re: Lewis Avenue Bridge over Atascadero creek. This report is in regards to the proposed bridge development listed above. Eight native black walnuts (Juglans hinndii) totaling 100 inches dbh will need to be removed for this project and one native live oak (Quercus agrifolia) with a dbh of 5 inches will need to be removed. City Removal permit request attached. The remaining native trees impacted will need to be monitored during construction, especially tree number 156 where the south west side of the sidewalk encroaches within 6 feet of the trunk. The City shall be solely responsible in providing a copy of this tree protection plan to any contractors that need to encroach within the tree protection fencing/drip-line of any native trees. The City shall have all contractors sign this report to acknowledge the mitigation measures necessary to preserve the native trees. The following mitigation measures/methods must be fully understood and followed by anyone working within the tree protection fencing/drip-line of any native tree. Any clarification of this report will be provided by the arborists upon request. 1. Fencing: The proposed fencing is highlighted in orange on the grading plan. It must be a minimum of 4' high chain link, snow or safety fence staked at the drip -line or line of encroachment for each tree or group of trees. The fence must be up before any construction or earth moving begins. The owner shall be responsible for maintaining an erect fence throughout the construction period. The arborist(s), upon notification, will inspect the fence placement once it is erected. This is mandatory for this project. 2. Soil Aeration Methods: Soils under the drip -lines that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include water jetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with a 24" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist(s) shall advise. 3. Chip Mulch: All areas within the drip -line of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction. ITEM NUMBER: 3 DATE: 3-21-06 Attachment 2: Arborist Report 4. Trenching Within the Drip -line: All trenching under the drip -lines of native trees shall be hand dug, augured, bored or air spade. All major roots shall be avoided whenever possible. All exposed roots larger than I" in diameter shall be clean cut with a sharp pruning tool and not left ragged. 5. Grading Within the Drip -line: Grading should not encroach within the drip -line. If grading is necessary, construction of retaining walls or tree wells or other protection measures may be necessary to insure the survivability of the trees. Chip mulch 4-6" in depth may also be required in these areas. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. 6. Exposed Roots: Any exposed roots shall be recovered the same day they were exposed. If they cannot, they must be covered with burlap or another suitable material and wetted down 2x per day until re -buried. 7. Paving Within the Drip -line: Pervious surfacing is preferred within the drip -line of any oak tree. Arborist(s) will advise. 8. Equipment Operation: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil comp action. 9. Existing Surfaces: The existing ground surface within the drip -line of all oak trees shall not be cut, filled, compacted or pared. The exception will be adding base on the edge of the existing driveway. 10. Construction Materials and Waste: No liquid or solid construction waste shall be dumped on the ground within the drip -line of any oak tree. 11. Arborist Monitoring: An arborist shall be present for selected activities (trees identified on spreadsheet) and pre -construction fence placement. The monitoring does not necessarily have to be continuous but observational at times during the above activities. All trees potentially impacted by this project are numbered and identified on both the grading plan and the tree protection spreadsheet. Some trees may not have been identified on the spreadsheet because other identified trees adjacent to the construction zone inherently protect them. The included spreadsheet includes trees listed by number, species and multiple stems if applicable, diameter and breast height (4.5'), condition (scale from poor to excellent), status (avoided, impacted, removed, exempt), percent of drip line impacted, mitigation required (fencing), construction impact (house, road, etc.), and individual tree notes. Please let us know if I can be of any future assistance to you for this project. Steven G. Alvarez Chip Tamagni Certified Arborist #WE -0511 Certified Arborist #WE -0511 A ITEM NUMBER: 3 DATE: 3-21-06 Attachment 2: Arborist Report Lu U W W W D � ¢ � W W Z Z Z m rn a g o to m 0� � y p w w CO a a r W p � �� J x 0 0 0 0 n. a z J O O J w z a¢ W? a z z z} y� O� z z z > W w � LLj � o} y C� r> � o w w �- in m � w > > w w w x x x a c� z _Z y W W W W W W W W W z Z N N N Z Z Z Z Z Z Z N Z Z i a N N N z= a �g 0 �- � w w w w w w w w w o U Z �- Z Z Z Z Z Z Z Z Z a o O�>} 0 0 0 0 0 0 0 0 0} �. } r N � W z z z z z z z z z 8 ~ x 0 w w O Z J z w o z 2 O¢ a a a Cit. a a a w 4 (n O0 z z z z z z� a a a w N Q O��� z z z N O Q d cc cc c�c C�C_ >> wR F U 4' >Li- ~ d' LL W w w w LL w Z z dw ma a ¢ d z Z z z w t O O N > F- rc f o N O v z N Z a U v U U U U U U U U U U U U U U m a C) � g c� c� � � c� c� c� c� c� c� c� � E g M z g W U 0 o m d i J ¢ a o 0 0 0 0 0 0 0 0 0 0 w �- � O N O O O O O O O w x Q' r F � o d U N C_ H LO U F- a O> i O w = a a W W � Q O 1n N V' M d' � M N N M a � M N N 0 yo z Z = w U H Z 0 3 w a d O U f p i . o w 3 w w w > a Cl) � COm K O N N O )( N � X O t0 52 N M M Z v X R F Oz ® rz > Z y U Z LLIU F n NLu 0 0 `s o � W J CO J CO CO m m CO m CO m J CO m m m >a w i i[ y a KF KU K K U tDQ�tioo�ao WILNQmU T- w � �t to tD LA � !t CO d' d' � � 00 N N N F �- :A r r r r 00 CO 00 CO 00 CO r 00 00 OO —1 r ITEM NUMBER: 3 DATE: 3-21-06 Attachment 3: Draft Resolution PC 2006-0008 DRAFT RESOLUTION PC 2006-0027 A RESOLUTION OF THE PLANNING COMMISSION OF ATASCADERO APPROVING A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL OF NINE NATIVE TREES LOCATED ON LEWIS AVENUE APN 029-361-001 (TRP 2006-0086) WHEREAS, an application for a Tree Removal Permit has been received from Atascadero Unified School District, (Owner), and Steve Kahn, City of Atascadero Public Works Department, 6907 El Camino Real, Atascadero CA 93422 (Applicant) to allow the removal of nine native oak trees located on Lewis Avenue, APN 029-361-001, and, WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on March 21, 2006, and considered testimony and reports from staff, the applicants, and the public; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of Tree Removal Permit. The Planning Commission finds as follows: Trees proposed for removal are obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from a certified arborist and determined by the Community Development Department based on the following factors: • Early consultation with the City; • Consideration of practical design alternatives; • Provision of cost comparisons (from applicant) for practical design alternatives; • If saving tree eliminates all reasonable uses of the property; or • If saving the tree requires the removal of more desirable trees; and, SECTION 2. Approval. The Planning Commission hereby approves Tree Removal Permit 2005-0086 subject to the following Conditions and Exhibits: Exhibit A: Conditions of Approval Exhibit B: Tree Removal Plan ITEM NUMBER: 3 DATE: 3-21-06 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: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary TRP 2006-0086.PC-SR.pt.doc ITEM NUMBER: DATE: 3-21-06 Exhibit A: Conditions of Approval Tree Removal - TRP 2006-0086 Conditions of Approval Timing Responsibility Mitigation TRP 2006-0086 /Monitoring Measure PR: dorm Removal PS: Planning Services BL: Business License BS: Building Services BP: Building Permit FD: Fire Deparhent TO: Temporary Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. The applicant shall mitigate the removal or impact of the PR PS trees in accordance with the requirements of the Atascadero Native Tree Ordinance. Exhibit A continued: Conditions of Approval Tree Removal - TRP 2006-0086 Evergreen Native Trees (inches) dbh notes 1 5 -inches 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Deposit Total 5 -inches Mitigation Requirement Tree Fund Payment: $ 41.67 Deciduous Native Trees (inches) 1 2 3 4 5 6 dbh 24 -inches 8 -inches 14 -inches 14 -inches 4 -inches 3 -inches 9 -inches 8 -inches 30 -inches Total 114 -inches notes ITEM NUMBER: 3 DATE: 3-21-06 Tree Fund Payment: $ 1,900.00 Totals 119 -inches $ 1,941.67 ITEM NUMBER: 3 DATE: 3-21-06 Exhibit B: Tree Removal Plan Tree Removal - TRP 2006-0086 a. • — x Y w L11 ' CL U E O m � w = p X Q w C) J U) Q Q O Q 2 Ir w w M > w O w w w J � w w ITEM NUMBER: 4 DATE: 3-21-06 Planning Commission Staff Report Public Hearing Tentative Parcel Map 2005-0076 8290 Santa Ynez Avenue (Welsh) SUBJECT: The project consists of a proposed condominium map over an existing lot of record to create three (3) airspace units on one common lot. The lot is developed with one single- family residence and two additional units are proposed for construction. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2006-0028 approving Tentative Parcel Map 2005-0076, a request to establish three (3) airspace units on one common lot based on findings and subject to conditions. SITUATION AND FACTS: 1. Applicant/Owner: Knute Welsh, 8290 Santa Ynez Ave, Atascadero, CA 93422 2. Project Address: 8290 Santa Ynez Avenue, Atascadero, CA 93422 APN: 031-222-008 3. General Plan Designation: Medium Density Residential 4. Zoning District: Residential Multi -Family - 10 (Maximum 106 du/ac) 5. Site Area: 0.433 acre 6. Existing Use: Single -Family Residence 7. Environmental Status: Class 3(b) Categorical Exemption \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0076 8290 Santa Ynez\TPM 2005-0076.PC staff report.kg.doc ITEM NUMBER: 4 DATE: 3-21-06 DISCUSSION: Background: The property is located on the west side of Santa Ynez Avenue within the RMF -10 Zoning District. The parcel is relatively flat and is currently developed with a single- family residence. The rear of the site borders the Atascadero Creek reservation. The project has been designed to maintain the required 35 -foot minimum setback. Condominium Design: The proposed map will create three (3) airspace units on one legal lot of record. The site design, as conditioned, meets all requirements of the Atascadero Municipal Code for multi -family developments. Appearance review of the proposed new units will be completed by staff at building permit submittal. The new units will each have a two -car garage and two additional guest spaces are provided on-site. The subdivision is consistent with the General Plan Medium Density Residential Land Use Designation and Residential Multi -family Zoning regulations. Public Improvements: The project has been conditioned to construct full frontage improvements along Santa Ynez Ave (Condition 39). Environmental Review: As proposed, the project qualifies for a Class 3(b) Categorical exemption, which exempts from CEQA review the conversion and/or construction of multi -family projects of less than four units, which do not otherwise create a negative impact. CONCLUSION: The proposed condominium map, as conditioned, is consistent with the 2002 General Plan and Zoning Ordinance and the airspace configurations are consistent with the requirements of the Subdivision Ordinance. Staff recommends the Planning Commission approve the Tentative Parcel Map as conditioned. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0076 8290 Santa Ynez\TPM 2005-0076.PC staff report.kg.doc ITEM NUMBER: 4 DATE: 3-21-06 ALTERNATIVES: 1. The Commission may approve the map subject to additional or revised project conditions. 2. The Commission may deny the map if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1 -- Location Map (General Plan & Zoning) Attachment 2 -- Draft Resolution PC 2006-0028 \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0076 8290 Santa Ynez\TPM 2005-0076.PC staff report.kg.doc ITEM NUMBER: 4 DATE: 3-21-06 ATTACHMENT 1: Location Map (General Plan / Zoning) TPM 2005-0076 8290 Santa Ynez Avenue Zoning District: Residential Multi -Family - 10 du/ac (RMF -10) Land Use Designation: Medium Density Residential (MDR) \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0076 8290 Santa Ynez\TPM 2005-0076.PC staff report.kg.doc ITEM NUMBER: 4 DATE: 3-21-06 ATTACHMENT 2: Draft Resolution PC 2004-0106 TPM 2005-0076 8290 Santa Ynez Avenue DRAFT RESOLUTION PC 2006-0028 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING TENTATIVE PARCEL MAP 2005-0076, ESTABLISHING THREE AIRSPACE UNITS ON ONE COMMON LOT AT 8290 SANTA YNEZ AVENUE (WELSH) WHEREAS, an application was received from Knute Welsh, 8290 Santa Ynez Ave, Atascadero, CA 93422 (Owner/Applicant), to consider a Tentative Parcel Map for three (3) airspace units on one common lot; and, WHEREAS, the site's General Plan Designation is Medium Density residential (MDR); and, WHEREAS, the site's zoning district is RMF -10 (Residential Multi -family — 10 du/ac); and, WHEREAS, a Categorical Exemption (Class 3(b)) was prepared for the project in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, a timely and properly noticed Public Hearing upon the subject tentative parcel map application was held by the Planning Commission of the City of Atascadero, at which both oral and documentary evidence was admitted on behalf of said projects; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on March 21, 2006, studied and considered Tentative Parcel Map 2005- 0076, and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for approval of condominium conversion may. The Planning Commission finds as follows: 1. The proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0076 8290 Santa Ynez\TPM 2005-0076.PC staff report.kg.doc ITEM NUMBER: 4 DATE: 3-21-06 2. The design and improvement of the proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements. 3. The site is physically suitable for the density of development proposed. 4. The design and improvement of the proposed map will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 5. The map is consistent with the character of the immediate neighborhood. 6. The design of the condominium map will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. The proposed condominium map design and type of improvements proposed will not cause serious public health problems. 8. The proposed conversion will not displace a significant number of low-income or moderate -income households or senior citizens at a time when no equivalent housing is readily available in the City. 9. The current tenant has been notified in writing, by certified mail, of the applicant's intent to convert the existing residence to a condominium, in accordance with Section 66452 of the California Subdivision Map Act. 10. Each tenant and each person applying for the rental of the units has received all applicable notices and rights now or hereafter required by Section 66427. 11. Each tenant will be notified within 10 days of approval of the final map for the proposed conversion. 12. The applicant has given a written statement promising to give 180 days' written notification to each tenant of owner's intention to convert prior to termination of tenancy due to the proposed conversion. 13. Each of the tenants will be given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. This right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on March 21, 2006 resolved to approve Tentative Parcel Map 2005- 0076 subject to the following: \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0076 8290 Santa Ynez\TPM 2005-0076.PC staff report.kg.doc ITEM NUMBER: 4 DATE: 3-21-06 EXHIBIT A: CEQA Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Tentative Parcel Map 2005-0076 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: ( ) ABSTAINED: ( ) ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0076 8290 Santa Ynez\TPM 2005-0076.PC staff report.kg.doc ITEM NUMBER: 4 DATE: 3-21-06 EXHIBIT A: Proposed Categorical Exemption TPM 2005-0076 COMMUNITY DEVELOPMENT DEPARTMENT Q>y..�. CEQA REVIEW Finding of Exemption TO: ® File Date Received for Filing FROM: CityofAtascadero 6907 El Camino Real Atascadero, CA 93422 SUBJECT: Filmy of Notice ofDeiarnmiation nr C"Eance with Section 21152 ofihe Public Resources Coae Project Title TENTATNE PARCEL MAP 2005-0076: WELSH Project Location (Include County) 8290 Santa �S Avenue Atoscadero, CW2fornia 93422 (San Luis Obispo Couno-) Project Description the project will create 3 airspace condominium units allowing individual sale and ownership of three detached units within a multi family project. One unit is psk and two additional units are proposed to be built. Name of Public Agency Approving Project LYfy ofA!ascadero Name of Person or Agency Cartyadng Out Project K" Welsh 8290 Sala Ave Atascadeno, CA 93422 Exempt Status: ❑ Ministerial (Sec. 21080 (bXl);15258) ❑ Declared Emergency (Sec. 21080(b)j,3);15269(a)) ❑ Emergency Project (Sec.21080 (b)(4);15269(b)(c)) ® Categorical Exemption(Sec.15303,conAmctienareonvenionofsmallstmctwes) Reasons why_project is exempt: Class 3(b) ofthe California Environmental Quality Act (CEQA) (Section 15303) exempts the conversion andfor construction of small structures including multi -family projects of less than 4 units and which do not otherwise create anegative impact. Date: March 13, 2006 Kelly Gleason Associate Plenner \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0076 8290 Santa Ynez\TPM 2005-0076.PC staff report.kg.doc ITEM NUMBER DATE: 3-21-06 EXHIBIT B: Conditions of Approval / Mitigation Monitoring TPM 2005-0076 Conditions of Approval Timing Responsibility Mitigation TPM 2005-0076 /Monitoring Measure PS: Planning Services Address: 8290 Santa Ynez Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Standard Planning Conditions 1. The approval of this application shall become final, subject to FM PS the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Parcel Map shall be valid for two FM PS years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the FM PS authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative 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 parcel map shall be subject to additional fees for park or FM PS recreation purposes (QUIMBY Act) as required by City Ordinance. Project Planning Conditions 7. Prior to final map, the applicant shall submit CC&Rs for review FM PS/Pw and approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a. Exclusive use easements for private yard areas. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0076 8290 Santa Ynez\TPM 2005-0076.PC staff report.kg.doc ITEM NUMBER DATE: 3-21-06 Conditions Of Approval Timing Responsibility Mitigation TPM 2005-0076 /Monitoring Measure PS: Planning Services Address: 8290 Santa Ynez Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy b. Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping. C. Provisions for financing maintenance and upkeep of all common areas. d. A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. e. Individual unit's responsibility for keeping all trash receptacles within the unit's garage. f. A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. 8. This map shall be for the approval of airspace units only. An FM PS additional map sheet for informational purposes shall be recorded with the final map, showing the location of the three (3) airspace units and all private use areas. 9. All provisions for conversion of rental units to condominium FM PS units, as detailed in the California Subdivision Map Act shall be complied with and documentation shall be provided to the Community Development Department for review and approval. 10. Prior to recordation of the final map, the applicant shall submit FM PS/BS for, and receive building permits for the proposed units. 11. Prior to recordation of the final map, the applicant shall submit FM PS/PW a condominium plan for recording concurrently with the final map. A qualified licensed professional shall prepare the final map and the condominium plan. 12. The site improvements permits/building permits shall be FO PS/BS consistent with EXHIBIT C, subject to the following: ■ The driveways for the existing unit and proposed rear units shall be combined to limit pavements and curb cuts along the Santa Ynez frontage. ■ A minimum 4 -foot wide planter shall be provided between the property line and the proposed driveway. The resulting pavement shall be 14 -feet wide with 4 -foot \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0076 8290 Santa Ynez\TPM 2005-0076.PC staff report.kg.doc ITEM NUMBER DATE: 3-21-06 Conditions Of Approval Timing Responsibility Mitigation TPM 2005-0076 /Monitoring Measure PS: Planning Services Address: 8290 Santa Ynez Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy of turf -block adjacent to the existing house. ■ Where less than 5 -foot of landscaping is provided around the perimeter of the project, decorative paving shall be utilized. ■ A walkway from the public street to the existing unit shall be provided. 13. A landscape plan prepared by a qualified professional shall be submitted with building permits for the proposed units. The landscape plan shall include the following: ■ The location and design details for fencing proposed. Fencing in the rear yards of the proposed new units shall be limited to 4 -foot high view fencing along the creek and shall provide access to the shared basing and creek reservation area. Access to rear yards shall be provided from the rear of the proposed units. ■ Western redbuds or similar sized tree shall be provided along the driveway at a minimum 20 -feet on center. ■ Landscaping shall include drought tolerant native species. ■ All fencing shall be setback a minimum of 5 -feet from the shared driveway and a minimum of 8 -feet from the parking court to allow shade tree planting. ■ A final landscape, irrigation, and fencing plan shall be submitted with building permits and shall be reviewed and approved by staff based on the requirements of the Atascadero Municipal Code and the Appearance Review Manual. 14. Al utilities, existing or proposed, along or within the project shall be undergrounded. City Engineer Standard Conditions 15. All public improvements shall be constructed in conformance FM PW with the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 16. In the event that the applicant is allowed to bond for the public FM PW improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0076 8290 Santa Ynez\TPM 2005-0076.PC staff report.kg.doc ITEM NUMBER DATE: 3-21-06 Conditions Of Approval Timing Responsibility Mitigation TPM 2005-0076 /Monitoring Measure PS: Planning Services Address: 8290 Santa Ynez Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Agreement with the City Council. 17. An engineer's estimate of probable cost shall be submitted for FM PW review and approval by the City Engineer to determine the amount of the bond. 18. The Subdivision Improvement Agreement shall record FM PW concurrently with the Final Map. 19. An encroachment permit shall be obtained prior to the BP PW issuance of building permit. 20. The applicant shall enter into a Plan Check/Inspection BP PW agreement with the City. 21. A six (6) foot Public Utility Easement (PUE) shall be provided FM PW contiguous to the Santa Ysabel Avenue property frontage. 22. The applicant shall be responsible for the relocation and/or BP PW alteration of existing utilities. 23. The applicant shall install all new utilities (water, gas, electric, BP PW cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 24. The applicant shall monument all property corners for FM PW construction control and shall promptly replace them if disturbed. 25. The applicant shall acquire title interest in any off-site land that FM PW may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 26. Slope easements shall be provided as needed to FM PW accommodate cut of fill slopes. 27. Drainage easements shall be provided as needed to FM PW accommodate both public and private drainage facilities. 28. A preliminary subdivision guarantee shall be submitted for FM PW review in conjunction with the processing of the parcel map. 29. All existing and proposed utility, pipeline, open space, or other FM PW easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0076 8290 Santa Ynez\TPM 2005-0076.PC staff report.kg.doc ITEM NUMBER DATE: 3-21-06 Conditions Of Approval Timing Responsibility Mitigation TPM 2005-0076 /Monitoring Measure PS: Planning Services Address: 8290 Santa Ynez Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy access restrictions on the parcel map. 30. The final map shall be signed by the City Engineer prior to the FM PW map being placed on the agenda for City Council acceptance. 31. Prior to recording the parcel map, the applicant shall submit a FM PW map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 32. Prior to recording the parcel map, the applicant shall set FM PW 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. 33. Prior to recording the parcel map, the applicant shall pay all FM PW outstanding plan check/inspection fees. 34. Prior to recording the map, the applicant shall complete all FM PW improvements required by these conditions of approval. 35. Prior to recording the parcel map, the applicant shall have the FM PW map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 36. Upon recording the final map, the applicant shall provide the FM PW City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 37. Prior to the final inspection of any public improvements, the BP PW applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 38. Prior to the final inspection, the applicant shall submit a written BP PW certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0076 8290 Santa Ynez\TPM 2005-0076.PC staff report.kg.doc ITEM NUMBER DATE: 3-21-06 Conditions Of Approval Timing Responsibility Mitigation TPM 2005-0076 /Monitoring Measure PS: Planning Services Address: 8290 Santa Ynez Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy City Engineer Project Conditions 39. Applicant shall construct curb, gutter and sidewalks along the FM PW entire property frontage or as directed by the City Engineer. The sidewalks shall be a minimum of 5 -feet wide with a minimum of 48 -inches clearance. Clearance requirement shall include mailboxes, signs, utility poles, and other obstacles. Atascadero Mutual Water Company Project Conditions 40. Before recordation of the final map, the applicant shall FM AMWC submit plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All new water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross -connection devices shall conform to AWWA and California Department of Health Services standards. 41. Before the start of construction on the water system BP AMWC improvements, the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. 42. Before issuance of building permits, the applicant shall FM AMWC obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0076 8290 Santa Ynez\TPM 2005-0076.PC staff report.kg.doc ITEM NUMBER: 4 DATE: 3-21-06 EXHIBIT C: Tentative Parcel Map TPM 2005-0076 y> a'L32:7YdJJL�I-d2 7 a_ f I c � � 7 ¢1 h If >t n4= a to SANMA Y'veZ AVENUE r y !t� -4 Qq RECEIVED OCT 2 7 2005 T \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0076 8290 Santa Ynez\TPM 2005-0076.PC staff report.kg.doc ITEM NUMBER: DATE: 3/21/06 TO BE CONTINUED CONDITIONAL USE PERMIT 2006-0177, PATRIA CIRCLE Owners: Mark Owens, 919 Patria Circle, Atascadero, CA 93422 Karen Reed, 924 Patria Circle, Atascadero, CA 93422 Applicant: Dennis Reed, 2455 Reyna Drive, Hayward, CA 94541 Project Title: Conditional Use Permit 2006-0177 Project 919 Patria Circle, Atascadero, CA 93422, APN 045-357-016 Location: 924 Patria Circle, Atascadero, CA 93422, APN 045-357-013 General Plan Designation: HDR Zoning District: RMF-16/PD-7 Project The project is a request to amend a Master Plan of Development to allow enclosure of patio areas Description: Within a Planned Development resulting in greater than 35% lot coverage. Proposed Class 1 (e) Categorical Exemption — Addition to existing structure of less than 50% of the existing Environmental floor area, in an area served by public services. Determination: \\CITYHALL\CDVLPMNT\- CUP - CONDITIONAL USE PERMITS\CUP 06\CUP 2006-0177 919 AND 924 PATRIA CIRCLE\PC TO BE CONTINUED.AM.DOC