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HomeMy WebLinkAboutPC_2006-05-02_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, May 2, 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) City of Atascadero Planning Commission Agenda CONSENT CALENDAR Regular Meeting May 2, 2006 Page 2 of 5 (All items on the consent calendar are considered to be routine and non -controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions) 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON APRIL 18, 2006. 2. APPROVAL OF TIME EXTENSION ON TTM 2001-0011, RUSSELL 3. APPROVAL OF TIME EXTENSION ON TPM 2002-0028, FREDERICK 4. APPROVAL OF TIME EXTENSION ON TTM 2002-0021, BARNHARD 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).) 5. TENTATIVE PARCEL MAP 2005-0072 Owners: Jeff Hansen, P O Box 1710, Atascadero CA 93423, Phone: 466-1334 Barak Miles, 5255 Traffic Way, Suite #104, Atascadero, CA 93422, Phone: 461-5560 Applicant: Geo -West Land Consultants, 5255 Traffic Way, Suite #104, Atascadero, CA 93422 Project Title: Tentative Parcel Map 2005-0072, PLN 2099-0351 Project 5155 Escarpa Ave., Atascadero, CA 93422, San Luis Obispo County Location: APN 029-161-008 Project A proposed subdivision of an existing 3.37 gross acre lot into three individual parcels of 1.22, Description: 1. 14, and 1.00 net acres. The site is currently contains a single-family residence that will remain on proposed parcel 1. The parcels consist of moderate to steep slopes and contain native trees and vegetation. Onsite septic will serve the proposed new residences and water is available from Atascadero Mutual Water Company. The proposal includes tree conservation easements to protect existing on-site native trees and to restrict building on slopes of over 20%. General Plan Designation: Single Family Residential (SFR -Y) Zoning District: Residential Single Family RSF-Y Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. Environmental The proposed Negative Declaration is available for public review from 4/06/06 through 4/25/06 at Determination: 6907 El Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. City of Atascadero Planning Commission Agenda 6. TENTATIVE PARCEL MAP 2005-0075 Regular Meeting May 2, 2006 Page 3 of 5 Applicant: Sholders Land Surveys, 9301 Central Ave., Garden Grove, CA 92844 Owners: Micah & Lisa Mumford, 7405 San Gabriel Rd., Atascadero, CA 93422 Project Charles Inman, 7930 Santa Ysabel, Atascadero, CA 93422 Project Title: Tentative Parcel Map 2005-0075, PLN 2099-0554 Project 9075 San Diego Road, Atascadero, CA 93422, APN 045-441-005 Location: General Plan Designation: RE (Residential Estate) Description: 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: This is a continued item from the Planning Commission's hearing of 2/21/06. Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. Environmental The proposed Negative Declaration is available for public review from 4/4/06 through 4/23/06 at Determination: 6907 El Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Environmental Monday through Friday. 7. CONDITIONAL USE PERMIT 2006-0181/TENATIVE TRACT MAP 2005-0077 Applicant: Paul Norton, PO Box 1107, Atascadero, CA 93423, Phone: 466-4776 Project Title: CUP 2006-0181, TTM 2005-0077, PLN 2099-1075 Project 8350 Santa Ynez, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 031-222-010 Project The proposed project consists of a condominium map to create 4 airspace condos on one Description: common lot. The proposed rear units will encroach into the creek setback area and thus, Description: requires Planning Commission review and approval. The site contains one existing house which is proposed to remain. One native tree is proposed for removal. All units will share access from Santa Ynez Ave. The project will be served by City sewer. General Plan Designation: MDR Zoning District: RMF -10 Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The proposed Mitigated Negative Declaration is available for public review from Determination: 4/13/06 through 5/02/06 at 6907 El Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. 8. ZONE CHANGE 2005-0103 Owner / Kelly Gearhart, Atascadero Homeowners, LLC, 6205 Alcantara Ave, Atascadero, CA 93422 Applicant: Project Title: Zone Change 2005-0103, CUP 2005-0167, TTM 2005-0074, PLN 2099-1075 Project Linda Vista, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 031-121-001, 031-114-004, -005, 031-191-005, -006 Project The proposed project consists of an application for a Zone Change, Conditional Use Permit, and Description: Tentative Tract Map for the construction of 5 new single-family attached homes on individual lots that will be developed under the requirements of the Planned Development overlay #16 which City of Atascadero Planning Commission Agenda Regular Meeting May 2, 2006 Page 4 of 5 COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on May 16, 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. allows for a clustered development in exchange for restricted open space areas. Proposed homes are approximately 1359 square feet with a 596 square -foot garage. 24 native trees are proposed for removal. The project will take access off of Linda Vista Ave. full frontage improvements will be provided along Linda Vista to the Navarette Ave intersection. General Plan Designation: Single -Family Residential (SFR -Y) Zoning District: Residential Single -Family -Y (RSF-Y) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. Environmental The proposed Mitigated Negative Declaration is available for public review from 4/11/06 through Determination: 4/30/06 at 6907 El Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on May 16, 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 May 2, 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: 5-2-06 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, April 18, 2006 — 7:00 P.M. Chairperson Beraud called the meeting to order at 7:00 p.m. and Commissioner Porter led the Pledge of Allegiance. or)l I rAl 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, Planning Technician Paul Tabone, City Attorney Patrick Enright and Recording Secretary Grace Pucci. PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA MOTION: By Commissioner Kelley and seconded by Vice Chairperson O'Keefe to approve the agenda. Motion passed 6:0 by a roll -call vote. PUBLIC COMMENT None PC Draft Minutes 04/18/06 Page 1 of 8 CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON APRIL 4, 2006. Commissioner Fonzi asked that the following statement be added to Item #3, page four: "Commissioner Fonzi stated she was voting yes only because each new project would be individually reviewed for impacts through the minor CUP Process." In addition she asked for a correction to page five, paragraph one under Director's Report, second sentence corrected to read... motocross track facility... MOTION: By Commissioner Fonzi and seconded by Commissioner Kelley to approve Item #1 as amended. Motion passed 5:0 by a roll -call vote. (Porter abstained) Commissioner Jones joined the meeting at 7:05 p.m. COMMUNITY DEVELOPMENT STAFF REPORTS 2. TREE REMOVAL PERMIT 2006-0090 Owner: George Molfino, 6305 Flores Road, Atascadero, CA 93422 Project Title: TRP 2006-0090 Project 7055 Navarette Ave., Atascadero, CA 93422 Location: APN 031-123-009 Project A request to remove one (1) native Live Oak tree, totaling 24 -inches in diameter. Description: Planning Technician Paul Tabone gave the staff report and answered questions of the Commission. PUBLIC COMMENT George Molfino, applicant, spoke about his request and stated he would now prefer to pay the mitigation fee rather than replanting. Chairperson Beraud closed the Public Comment period. MOTION: By Commissioner Fonzi and seconded by Commissioner Kelley to adopt Resolution PC 2006-0031 to approve the request to remove one native oak tree subject to conditions of approval, and those conditions to read that the applicant will be paying the mitigation fee rather than replanting. PC Draft Minutes 04/18/06 Page 2 of 8 Motion passed 7:0 by a roll -call vote. 3. TREE REMOVAL PERMIT 2006-0089 Owner: Josh Brard, 1950 N. Ferrocarril, Atascadero, CA 93422 Project Title: TRP 2006-0089 Project 1950 N. Ferrocarril, Atascadero, CA 93422 Location: APN 049-012-021 Project Approve the illegal removal of four (4) native oak trees, two of which were 36 -inches in Description: diameter. Commissioner Porter stepped down from consideration of this item stating that his personal residence lies within 500 feet of the subject property. Planning Technician Paul Tabone and Deputy Community Development Director Steve McHarris gave the staff report and answered questions of the Commission. PUBLIC COMMENT — None MOTION: By Vice Chairperson O'Keefe and seconded by Chairperson Beraud to adopt Resolution PC 2006-0034 to approve the request to approve the previous removal of four native oak trees subject to the guidelines and mitigation required by the Atascadero Municipal Code and Native Tree Ordinance. Motion passed 5:1 by a roll -call vote. (Jones opposed, Porter abstained) PUBLIC HEARINGS 4. ZONE CHANGE 2006-0116 Applicant: City of Atascadero, 6907 El Camino Real, Atascadero CA 93422, Phone: 461-5000 Project Title: Zone Change 2006-0116, Motorcycle and Noise Ordinance Amendments Project Location: Citywide Project Description: Commission consideration and recommendation of amendments to the Motorcycle and Noise Ordinance. PC Draft Minutes 04/18/06 Page 3 of 8 Ex Parte Communications ■ Chairperson Beraud stated that before this meeting she had obtained meeting minutes from 2003/2004 meetings of the City Council and Planning Commission and had followed up with Richard Moen, Ray Wilcox, Deborah Ingalls, Jim Griffin, Jerry Robinson and Bob Briggs, who were having problems with motorcycle noise in their neighborhoods. Chairperson Beraud reviewed the comments she had received. ■ Vice Chairperson O'Keefe stated she had received an email from John Bollaro and responded to him. ■ Commissioner Jones stated he had received multiple emails to which he did not respond. ■ Commissioner Slane had contact with one citizen, Rick Mullen, who expressed concerns about the motorcycle ordinance. ■ Commissioner Kelley stated he was contacted by Rick Mullen. ■ Commissioner Fonzi stated she received emails that she read and did not respond to. ■ Commissioner Porter stated he received emails that he read and did not respond to. Police Chief John Couch gave the staff report and answered questions of the Commission. City Attorney Patrick Enright spoke about the conflict with the Noise Ordinance and the exception for motorcycle use. Mr. Enright answered questions of the Commission. PUBLIC COMMENT Sorrel Marks spoke about the impacts of motorcycle noise to her home and garden and expressed concern with the proposed ordinance. Mrs. Marks asked the Commission to uphold the existing Noise Ordinance. John Bollaro stated his concerns with the proposed Motorcycle Ordinance and the impacts of burdensome recreation noise to private property. Sandy Hastings stated that off road motorcycle use should be banned from the city limits and residential neighborhoods. Bob Briggs commented on the change of the city from rural to urban and the noise and environmental impacts from several motorcycle tracks in his neighborhood. Doug Marks spoke of the noise impacts to his property from a motorcycle track on his neighbor's property. Mr. Marks explained how this ordinance will create divisions within neighborhoods, and asked that motorcycles not be exempted from the Noise Ordinance. PC Draft Minutes 04/18/06 Page 4 of 8 Dennis Law, President of Central Coast Motorcycle Association, applauded the City for adopting an ordinance that would strike a balance in competing interests and spoke of the positive aspects of motorcycling. Eric Greening stated that the Noise Ordinance should have no exemptions except for essential public services. He spoke of other impacts from motorcycle usage and off road tracks in addition to noise. John Goers spoke against exempting motorcycle use from the Noise Ordinance, and suggested that the city is no longer rural and the community in general should not be asked to put up with the noise of a few. Cindy Sazar stated her agreement with the previous speakers that exempting motorcycles from the Noise Ordinance defies logic. Jerry Robinson spoke about the fallacies in the statistics presented tonight, and encouraged the Commission to not exempt something that causes a lot of grief for a lot of people. Jim Patterson, County Supervisor, stated that there are other impacts in addition to noise from motorcycles and other off road vehicles, and questioned if this activity is compatible with residential neighborhoods. He commented that exempting motorcycles from the Noise Ordinance is not the appropriate action to take; rather he would encourage the city to work with the county to find an appropriate location for their use. Dan O'Grady spoke about the exponential increase of noise from more than one motorcycle. He stated that the ultimate property right is for peace and tranquility in one's home and therefore he does not think this should be allowed. Eric Greening suggested that residential neighborhoods would have additional impacts from this use including impacts to air quality and economic impacts to home-based businesses. John Bollaro stated that placing a motorcycle track in the area would bring many more riders from surrounding cities and create tremendous noise impacts. A letter with attachments outlining efforts over the last 10 years to resolve motorcycle issues in their neighborhood was received from Doug and Sorrel Marks. (Exhibit A) Chairperson Beraud closed the Public Comment period. Chairperson Beraud recessed the hearing at 8:48 p.m. Chairperson Beraud called the hearing back to order at 8:55 p.m. PC Draft Minutes 04/18/06 Page 5 of 8 Commissioner Jones stated that the main issue is noise and this does not cure the problem for him. Vice Chairperson O'Keefe stated that this is not the solution to the problem, it will be a nuisance for the Police, and she agrees with the speakers who stated that the City of Atascadero does not need motorcycle riding. She believes that the community has changed to a more urban area and it is time Atascadero recognized that and made better use of the Police Department. She commented that the problem is more than just the tracks, as often people will work on their motorcycles at home and this involves additional noise from revving the motor, etc., in addition she does not think this ordinance will be enforceable. Commissioner Porter commented that much of this has to do with cost recovery and the problem with the ordinance will be enforcement. He stated there are many citizens who feel there is no place for motorcycles, but he thinks there are others who do support the use and that there should be a balance. Tracks are the main problem both for noise and their effects on the environment and he would be in favor of adding something that would address tracks specifically. Commissioner Kelley indicated that motorcycle use is a good activity, but the town is changing and the ordinance as presented will be almost impossible to enforce, and will require much Police time to execute. He stated the time has come to eliminate this use, and that the tracks are a nuisance. Commissioner Fonzi commented that Atascadero is different from many cities because it has larger parcels; however she doesn't think the sound will stop at the property line. She stated Atascadero has reached the point that it is now a city rather than a rural area and this use is an encroachment on other peoples land and the ability for them to have a quiet place to enjoy their homes. It was her opinion that the tracks are the main problem, and that eliminating motorcycles from the Noise Ordinance defies logic. She cannot pass the recommendations as they stand. Chairperson Beraud stated that the Motorcycle Ordinance is attempting to address excessive noise, that State laws address transient noise, but here the city is dealing with a stationary source of noise that is continuous. She believes if the exemption is allowed, the city will be giving off road motorcycle riders preferential treatment over the rights of those who do not ride. She pointed out that those who commented tonight live on large lots, but noise is still a problem, and that much of this appears to be unenforceable and will be a burden on the Police Department. Chairperson Beraud, cited several sections of the draft resolution that she does not agree with and stated she could not make the following findings: that this is in the best interest of the city, that there has been CEQA review, that allowing an increase in noise is consistent with the General Plan, that this is an orderly or efficient use of the land and that this will not result in significant environmental impacts. PC Draft Minutes 04/18/06 Page 6 of 8 MOTION: By Chairperson Beraud and seconded by Commissioner Jones to send a negative recommendation to the City Council on Resolution No. 1 denying the proposed changes to the Noise Ordinance and on the second part of the Noise Ordinance allowing the increase in time for cost recovery from 12 to 72 hours, and that the current noise ordinance be upheld and the Police Department will enforce the ordinance with the use of their new equipment and backed up by the code enforcement from the city. Chairperson Beraud withdrew her motion. MOTION: By Chairperson Beraud and seconded by Vice Chairperson O'Keefe to omit 9-14.03(n) and increase the cost recovery period from 12 to 72 hours and that all verbiage for the Draft Resolution will not be included. Motion passed 5:2 by a roll -call vote. (Kelley, Fonzi opposed) MOTION: By Chairperson Beraud and seconded by Vice Chairperson O'Keefe to recommend to the City Council the repeal of the entire section 9-6.106(c) of the Code regarding motorcycle use and let the Noise Ordinance be the enforcement tool for the Police Department. Motion passed 5:2 by a roll -call vote. (Kelley, Porter opposed) COMMISSIONER COMMENTS AND REPORTS None DIRECTOR'S REPORT Community Development Director Warren Frace reported that staff is investigating the fence at Escondido and San Gabriel. Regarding code enforcement complaints from the Planning Commission, the Fire Department has requested that Commissioners fill out one of the Code Enforcement Complaint forms. Director Frace announced that Assistant Planner Lisa Wilkinson has left and new planner Callie Ford has been hired. He reported that the condo conversion issue is moving forward, and staff is looking at rescheduling the joint study session for June 13th. In addition there is a tentatively scheduled workshop with Council for May 30th to review the preliminary development plans for Del Rio Road and EI Camino Real. Director Frace reviewed the agenda for the next Commission meeting, and announced that there would be a presentation on the tree inventory project on April 20th City Attorney Patrick Enright reported that he is working with the City Clerk to determine a date for the AB 1234 training. PC Draft Minutes 04/18/06 Page 7 of 8 ADJOURNMENT Chairperson Beraud adjourned the meeting at 9:50 p.m. to the next regularly scheduled meeting of the Planning Commission on May 2, 2006. MINUTES PREPARED BY: Grace Pucci, Recording Secretary The following exhibit is available for review in the Community Development Department: Exhibit A — Doug and Sorrel Marks, Letter with attachments PC Draft Minutes 04/18/06 Page 8 of 8 ITEM NUMBER: 2 DATE: 5-2-06 Planning Commission Staff Report Consent Agenda Time Extension TTM 2001-0011 6340 Alcantara Ave. (Sholders/Russell) SUBJECT: Consideration of a one-year time extension for Tentative Tract Map 2001-0011. RECOMMENDATION: Staff Recommends: Adopt Resolution PC 2006-0038, thereby approving a one-year time extension of Tentative Tract Map 2001-0011 in compliance with Sections 11-4.23(a) and 11-4.33(b) of the Subdivision Ordinance. SITUATION AND FACTS: 1. Applicant: Douglas Sholders, Sholders Land Surveys, 9301 Central Avenue, Garden Grove, CA 92844 Owner: Phyllis (Loraine) Russell, PO Box 257 Atascadero, CA 93423 2. Project Address: 6340 Alcantara Avenue, Atascadero, CA 93422 APN: 030-292-065 3. General Plan Designation: Medium Density Residential (MDR) 4. Zoning District: Residential Multi -Family PD -7 (RMF -10) 5. Site Area: 1.022 acre 6. Existing Use: Single -Family Residence 7. Environmental Status: Class 3(b) Categorical Exemption \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 01\TTM 2001-0011 6340 Alcantara Russel\Time extension\TTM 2001- 0011.PC staff report.km.doc ITEM NUMBER: 2 DATE: 5-2-06 DISCUSSION: Background: A proposed subdivision of a 1.022 acre lot into six individual parcels of 0.233, 0.196, 0.141, 0.157, 0.183, and 0.205 acres gross, each. The property will utilize the City's wastewater facilities and Atascadero Mutual Water Company will provide water services. Analysis. The Subdivision Map Act mandates an initial two-year life and, by local ordinance, the City can extend initial life up to an additional 12 months. Additionally, the City may extend the time at which the map expires for a period or periods not to exceed a total of five years. These are discretionary extensions. The application for the extension must be filed prior to the expiration date. The Planning Commission has discretion on whether they want to extend the map, or they can defer the decision to the City Council. The Planning Commission may add or modify any granting the time extension, to insure the project ordinances and policy. Staff is not recommending extension. Map History: Original Approval Time Extension 1 Time Extension 2 CONCLUSION: Applied 12/11/04 Applied 2/6/06 conditions of approval, remains consistent with any modifications with Approval March 11, 2003 December 30, 2004 May 2, 2006 prior to updated this time Expiration March 11, 2005 March11, 2006 March11, 2007 The City Council found the proposed subdivision map, as conditioned, is consistent with the 2002 General Plan and Zoning Ordinance and the lot configurations are consistent with the requirements of the Subdivision Ordinance. Staff recommends the Planning Commission approve the Time Extension as requested. ALTERNATIVES: 1. The Commission may approve the Time Extension subject to additional or revised project conditions. 2. The Commission may deny the Time Extension if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 01\TTM 2001-0011 6340 Alcantara Russel\Time extension\TTM 2001- 0011.PC staff report.km.doc ITEM NUMBER: 2 DATE: 5-2-06 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: Kerry Margason, Associate Planner ATTACHMENTS: Attachment 1 -- Location Map (General Plan & Zoning) Attachment 2 — TTM 2001-0011 Attachment 3 — Conditions of Approval/Mitigation Monitoring Program Attachment 4 — Draft Resolution 2006-0038 \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 01\TTM 2001-0011 6340 Alcantara Russel\Time extension\TTM 2001- 0011.PC staff report.km.doc ITEM NUMBER DATE: 5-2-06 ATTACHMENT 1: Location Map (General Plan / Zoning) TTM 2001-0011 6340 Alcantara Ave. Zoning District: Residential Multi Family PD -7 (RMF -10) Land Use Designation: Medium Density Residential (MDR) \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 01\TTM 2001-0011 6340 Alcantara Russel\Time extension\TTM 2001- 0011.PC staff report.km.doc ITEM NUMBER: 2 DATE: 5-2-06 ATTACHMENT 2: TTM 2001-0011 6340 Alcantara Ave. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 01\TTM 2001-0011 6340 Alcantara Russel\Time extension\TTM 2001- 0011.PC staff report.km.doc ITEM NUMBER DATE: 5-2-06 ATTACHMENT 3: Conditions of Approval/Mitigation Monitoring Program TTM 2001-0011 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program Monitoring Measure PS: Planning Services 6340 Alcantara Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -7 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2000-0024/ZCH 2000-0008 TO: Temporary Occupancy F0: Final Occupancy : Wastewater CA CA: City Attorney Planning Services 1. The approval of this use permit shall become final and PS effective following City Council approval. 2. Approval of this Master Plan of Development shall be valid FM PS concurrently with the life of Tentative Tract Map 2001-0011 and then indefinitely following final map. The Master Plan of Development approval shall expire and become null and void unless a final map is recorded consistent with the Master Plan of Development. 3. Changes to the Master Plan of Development shall be On-going PS approved by the Planning Commission and do not require Council action. 4. The Community Development Department shall have the BP / FM PS authority to approve the following minor changes to the project the (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps. 5. All subsequent Tentative Tract Maps and construction BP/FM PS permits shall be consistent with the Master Plan of Development contained herein. 6. All exterior elevations, finish materials and colors shall be BP PS consistent with the Master Plan of Development as shown in Exhibit F and Exhibit G with the following modifications: a. Each front elevation, and entire side elevations (lots 1 & 6) visible from Tecorida Avenue shall incorporate an applied masonry material such as brick or stone along the lower building base, subject to staff approval. This treatment shall return along side elevations to a logical terminus point such as a side yard fence, chimney or doorway. b. Front entry porch columns on each elevation shall be \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 01\TTM 2001-0011 6340 Alcantara Russel\Time extension\TTM 2001- 0011.PC staff report.km.doc ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 6340 Alcantara Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -7 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2000-0024/ZCH 2000-0008 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney further detailed with use of applied masonry material such as brick or stone. The use of wood timbers may also be incorporated into the column design as appropriate, subject to staff approval. c. Each house shall incorporate the use of double or single hung windows, transom windows, and window shutters, subject to staff approval. d. The garage door color of each new home shall match the house body color. 7. All site development shall be consistent with the maximum BP/FM PS intensities described in the statistical project summary as shown on Error! Reference source not found.. 8. All site work, grading and site improvements shall be BP/FM PS consistent with the Master Plan of Development as shown in Error! Reference source not found., D and E. 9. Native oaks trees shall be preserved and protected during BP PS construction unless approved for removal. Tree protection shall be in place prior to the issuance of any construction permits and the arborist shall be under contract to monitor tree protection. 10. A final landscape and irrigation plan shall be approved BP PS prior to the issuance of building permits and included as part of site improvement plan consistent with EXHIBIT D. All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. Trash/recycle container areas shall be screened with fencing or landscape. All front yards and areas between Tecorida Avenue and lots 1 and 6 shall be landscaped by the developer. All landscape maintenance shall be the responsibility of the individual property owner. The five front yard trees shall be 24 -inch box native trees. In addition, two additional 15 -gallon trees shall trees shall be planted along Tecorida Avenue and four additional 15 - gallon native sycamore trees be planted between the creek and the private driveway between lot 4 and 5. 11. All project fencing shall be installed consistent with BP PS EXHIBIT D subject to the following modifications. a. The yards adjacent to Tecorida Avenue shall not be enclosed with any fencing which exceeds 3 -feet in \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 01\TTM 2001-0011 6340 Alcantara Russel\Time extension\TTM 2001- 0011.PC staff report.km.doc ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 6340 Alcantara Avenue GP: Grading Permit FD: Fire Department PD -7 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2000-0024/ZCH 2000-0008 TO: Temporary Occupancy WW: Wastewater FO: Final Occupancy CA: City Attorney height. b. No fences in the rear yards adjoining the on-site creek shall exceed 3 -feet in height. c. The design of all fencing shall be compatible with the overall project design, subject to staff approval 12. Retaining wall design & material shall match or compliment GP PS the texture and color of the primary residence. In addition, BP the retaining wall located within the front yard of lots 3 and 4 shall be rounded or angled back toward lot 4, subject to staff approval. 13. Provisions for on-site circulation reciprocal access between GP PS the adjacent westerly property shall be required at the BP location identified on the site plan. 14. Apply the following tree mitigation: (Mitigation Fee GP PS Table) Evergreen Native Trees (inches) Deciduous Native Trees (inches) Totals dbh notes dbh notes 1 0 -inches 1 244 -inches 64 white oak trees 2 2 0 -inches ranging in size from 3 3 0 -inches 2 - 18 inches 4 4 0 -inches 5 5 0 -inches 6 0 -inches 7 0 -inches 6 8 0 -inches Total 0 -inches Total 244 -inches 244 -inches Mitigation Requirement req'd tree replacements: 0 five gal trees req'd tree replacements: 81 five gal trees 81 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 9 five gal trees 9 five gal trees 0 box trees (24") 5 box trees (24") 5 box trees (24") Remaining Mitigation 0 five gal trees Remaining Mitigation 62 five gal trees 62 five gal trees or or Tree Fund Payment: $ Tree Fund Payment: $ 3,116.67 $ 3,116.67 15. Prior to recordation of final map, the applicant shall enter FM, BP PS, CE into a legal agreement with the City to reserve 5 of the units for sale to residents or workers within the City of Atascadero. One of the 6 units shall be the deed \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 01\TTM 2001-0011 6340 Alcantara Russel\Time extension\TTM 2001- 0011.PC staff report.km.doc ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 6340 Alcantara Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -7 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2000-0024/ZCH 2000-0008 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney restricted affordable units in the moderate category for a period of 15 years. The agreement shall include the following provisions:: a) The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers. b) The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero. c) The Atascadero resident or worker restriction shall apply to the initial sale only. d) The applicant shall identify which units will be reserved. The City Attorney shall approve the final form of the agreement.. Building Services 16. A soils investigation prepared by a licensed BP FM Geotechnical Engineer is to be provided for the project. The report is to be provided at the time of building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. Fire Marshal 17. Dimension the width of driveway. A minimum 16' BP BS paved with 20' total width access with a minimum head clearance of 13'-6" is to be provided to each building location. Access drives with slopes less than 12% are to have an all-weather surface. Access drives with slopes equal to or greater than 12% are to be paved. 18. Show location of existing and any proposed fire BP BS hydrants. As presented, the project requires one fire hydrant located within 250 feet of any point along the front property boundary. 19. Provide a letter from the Atascadero Mutual Water BP BS Company stating the minimum expected water available to the site. Amount available must meet min. requirement specified in the California Fire Code. 20. Note approved address signage is to be provided. BP BS \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 01\TTM 2001-0011 6340 Alcantara Russel\Time extension\TTM 2001- 0011.PC staff report.km.doc ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 6340 Alcantara Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -7 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2000-0024/ZCH 2000-0008 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney 21. Note on plans that fire lanes shall be delineated to BP BS restrict parking as required by the Fire Authority. 22. Access drive where it bridges the creekway is to be BP BS designed and maintained to the satisfaction of the Public Works department to support a minimum 40,000 Ib. Imposed load at 25 miles per hour for fire apparatus. City Engineer Standard Conditions 23. Public frontage improvements, on site grading and GP, BP CE drainage plans and the driveway plans shall be produced by a registered civil engineer. The plans shall be in the form required in the City of Atascadero Engineering Standards. The plans will be reviewed and approved by the City Engineer. 24. All public improvements shall be constructed in GP, BP CE conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 25. The applicant shall enter into a Plan Check & GP, BP CE Inspection agreement with the City. 26. The applicant shall be responsible for the protection, GP, BP CE relocation and/or alteration of existing utilities. 27. The applicant shall install all new utilities (water, gas, GP, BP CE electric, cable TV and telephone) underground. 28. The applicant shall monument all property corners for GP, BP CE construction control and shall promptly replace them if disturbed. 29. Prior to issuance of building permits, the applicant GP, BP CE shall submit a grading and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. 30. Prior to the final inspection, all outstanding plan check GP, BP CE and inspection fees shall be paid. 31. Prior to the final inspection, the applicant shall submit GP, BP CE a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC). 32. Prior to recording the Tract Map, the applicant shall GP, BP CE submit a 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. 33. In the event that the applicant is allowed to bond for GP, BP CE any public improvements required as a condition of \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 01\TTM 2001-0011 6340 Alcantara Russel\Time extension\TTM 2001- 0011.PC staff report.km.doc ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 6340 Alcantara Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -7 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2000-0024/ZCH 2000-0008 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. An engineer's estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. The Subdivision Improvement Agreement shall record concurrently with the Final Map. 34. A preliminary subdivision guarantee shall be GP, BP CE submitted for review in conjunction with the processing of the Tract Map. 35. The final map shall be signed by the City Engineer GP, BP CE prior to the map being placed on the agenda for City Council acceptance. 36. Prior to recording the Tract Map, the applicant shall GP, BP CE pay all outstanding plan check/inspection fees. 37. Prior to recording the Tract Map, the applicant shall GP, BP CE set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 38. All existing and proposed utility, pipeline, open space, GP, BP CE or other easements are to be shown on the Tract Map. If there are building or other restrictions related to the easements, they shall be noted on the final/parcel map. The applicant shall show all access restrictions on the final/parcel map. 39. Prior to recording the parcel map, the applicant shall GP, BP CE have the 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. 40. Prior to the issuance of building permits the applicant GP, BP CE 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. City Engineer Site Specific Conditions 41. This project is required to pave Tecorida Ave, with GP, BP CE Curb and Gutter on the east side, from the end of the existing paving on the south side of the project to the end of the existing paving (at the barricade) for orderly development and traffic circulation. The \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 01\TTM 2001-0011 6340 Alcantara Russel\Time extension\TTM 2001- 0011.PC staff report.km.doc ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 6340 Alcantara Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -7 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2000-0024/ZCH 2000-0008 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney length of this paving is approximately 128 feet. 42. Frontage improvements required are curb and gutter GP, BP CE on the east side of Tecorida Ave and concrete drive approach or concrete cross gutter at the driveway to allow the drainage to be conveyed down Tecorida. 43. Public Sanitary Sewer shall be extended from GP, BP CE property line to property line. 44. Final project inspection shall be contingent upon GP, BP CE completion of the public sewer extension and Public Works final inspection. A City of Atascadero Sewer Extension Performance Agreement shall be executed. 45. Applicant shall pay sewer Extension Fees for five (5) GP, BP CE newly created lots and Connection fees upon issuance of building permit. Sewer connection permits shall be issued separately from building permit after public sewer extension has been completed and has received a satisfactory final Public Works inspection. Each building shall be separately and independently connected with the public sewer. A backflow valve shall protect sewer piping serving fixtures which have flood level rims located below the elevation of the next upstream manhole or cleanout cover. Atascadero Mutual Water Company 46. Prior to recordation of the final map, the applicant GP, BP CE shall submit plans for review and approval by AMWC for all existing and proposed water distribution facilities that provide water service to the proposed lots. All new water distribution facilities shall be constructed in conformance with Atascadero Mutual Water Company Standards. 47. Prior to the issuance of building permits, the applicant GP, BP CE shall obtain a "Will Serve" letter from the Atascadero Mutual Water Company for the newly created lots. 48. Prior to the start of construction, the applicant shall GP, BP CE pay all installation and connection fees required by the Atascadero Mutual Water Company, or enter in to a "deferred connection" agreement 49. Private easements may be needed for the private GP, BP CE water service lines that serve parcels which do not front on Tecorida Road. 50. Water meters located on Tecorida Ave for Lots 1 and GP, BP CE 6 are in acceptable location. Meters for newly created Lots 3, 4 & 5 need to be located on frontage of road at Tecorida Ave and private utility easements provided for private service lines to parcels. Mitigation Measures Mitigation Measure 1.c.1: All lighting shall be designed to BP PS 1.c.1 eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 30 -feet in height, limit intensity to 2.0 foot candles at ingress \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 01\TTM 2001-0011 6340 Alcantara Russel\Time extension\TTM 2001- 0011.PC staff reportAm.doc ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 6340 Alcantara Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -7 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2000-0024/ZCH 2000-0008 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney /egress, and otherwise 0.6 foot candle minimum to 1.0 maximum in parking areas. Fixtures shall be shield cut-off type. Mitigation Measure 1.c.2: The project landscape shall include BP PS 1.c.2 requiring one 24 -inch box sized tree within the front yard of each new residence. Mitigation Measure 3.b: The project shall be conditioned to BP BS 3.b comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in section 6.4 of the Air Quality Handbook. All site grading and demolition plans notes shall list the following regulations: A. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage, preferably in the late morning and after work is finished for the day. B. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e. greater than 20 mph averaged over one hour) so as to prevent excessive amounts of dust. C. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. D. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. E. Permanent dust control measured identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. F. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast -germinating native grass seed and watered until vegetation becomes established. G. All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods in advance by the APCD. H. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible. In addition, structural foundations shall be completed as soon as possible following building pad construction. I. On-site vehicle speed shall be limited to 15 mph for any unpaved surface. J. All unpaved areas with vehicle traffic shall be watered at least twice per day, using non -potable water. K. Streets adjacent to the project site shall be swept daily to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust from leaving the site. L. Wheel washers may be required when significant offsite import or export of fill is involved. M. Large canopy shade trees shall be provided along street frontages and within parking areas to shade paved areas \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 01\TTM 2001-0011 6340 Alcantara Russel\Time extension\TTM 2001- 0011.PC staff report.km.doc ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 6340 Alcantara Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -7 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2000-0024/ZCH 2000-0008 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney and minimize urban heat build-up. Mitigation Measure 4.b.1: The proposed creek bridge shall be BP, GP PS 4.b.1 supported by city -approved caissons. Caisson locations shall be tested prior to drilling to insure that no major roots are damaged. Adjacent trees shall have tree trunk protection (2"x4"x8' boards wired together and secured around the tree trunk prior to bridge construction). Mitigation Measure 4.b.2: As recommended by California BP, GP PS 4.b.2 Department of Fish & Game Notification R3-2001-0171: ■ All work in the stream shall be confined to June 15 to October 15. ■ No equipment will be operated in live (wet) stream channels. ■ Any runoff during construction shall be diverted so as not to enter the stream. Sediment catchment basins, erosion control mats, fabric fences, or other appropriate means shall be used when such diversion are necessary. ■ Wash water containing mud or silt from construction operations shall not be allowed to enter the stream. ■ Structures and associated materials not designed to withstand high seasonal flows shall be removed to areas above the high water mark before such flows occur. ■ No debris, soil, silt, bark, sawdust, rubbish, cement or concrete or washing thereof, oil or petroleum products or other organic or earthen material from construction or associated activity or whatever nature shall be allowed to enter into or placed where it may be washed by rainfall or runoff into the stream. When operation are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high water mark of the stream. Mitigation Measure 4.e.1: The building permit site plan shall BP, GP PS 4.e.1 identify all protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan. Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. Mitigation Measure 4.e.2: The developer shall contract with a BP, GP PS 4.e.2 certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 01\TTM 2001-0011 6340 Alcantara Russel\Time extension\TTM 2001- 0011.PC staff report.km.doc ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 6340 Alcantara Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -7 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2000-0024/ZCH 2000-0008 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. As identified in the tree protection plan, the root zone equals 1 -foot radius for every 1 inch of tree trunk diameter. Several trees on this site will require tree trunk protection. Tree trunk protection is 2" x 4" x8 foot boards that are wired together and placed around the tree trunk. Trees requiring this protection are: #5, 6, 20, 21, 22, 32, 33, 34, and 35 as identified on the Tree Protection Plan. (c) As specified by the arborist report and City staff: ■ Remove all berry vines and trees designated for removal by hand; ■ Prune all trees to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ Grub only for the proposed driveway (do not grade nor compact). ■ Install porous pavers over a three-inch bed of/4 inch granite covered with one -inch pea gravel for screeding. ■ Use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one -foot by one -foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on- site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 5.e: Should any cultural resources be GP BS 5.e unearthed during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. Mitigation Measure 6.b.1: The grading permit application plans GP PS, BS, CE 6.16.1 shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.b.2: All cut and fill slopes shall be GP PS, BS, CE 6.b.2 hydroseeded with an appropriate erosion control method erosion control blanket, hydro -mulch, or straw mulch \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 01\TTM 2001-0011 6340 Alcantara Russel\Time extension\TTM 2001- 0011.PC staff report.km.doc ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 6340 Alcantara Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -7 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2000-0024/ZCH 2000-0008 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney appropriately anchored) immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6.c.d: A soils report shall be required to be GP BS 6.c.d submitted with a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for occupants and buildings. Mitigation Measure 8.e.f.1: A Stormwater Pollution Prevention GP PS, BS, CE 8.e.f.1 Plan (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for GP PS, BS, CE 8.0.2 ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.d: All construction activities shall BP, GP PS, BS 11.d comply with the City of Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Planning Commission. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved b \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 01\TTM 2001-0011 6340 Alcantara Russel\Time extension\TTM 2001- 0011.PC staff report.km.doc ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 6340 Alcantara Avenue GP: Grading Permit FD: Fire Department PD -7 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2000-0024/ZCH 2000-0008 TO: Temporary Occupancy WW: Wastewater FO: Final Occupancy CA: City Attorney staff during the Grading Plan/Building Permit review process. Mitigation Measure 16.c.1: Points of concentrated drainage GP BS, CE 16.c.1 into the creek shall incorporate natural rock riprap designed to blend with the natural landscape and function to dissipate energy and eliminate creek bank erosion, subject to review and approval of the City Engineer. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 01\TTM 2001-0011 6340 Alcantara Russel\Time extension\TTM 2001- 0011.PC staff report.km.doc ITEM NUMBER: 2 DATE: 5-2-06 ATTACHMENT 4: Draft Resolution PC 2006-0038 DRAFT RESOLUTION NO. PC 2006-0038 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A ONE-YEAR TIME EXTENSION OF AN APPROVED VESTING TENTATIVE PARCEL MAP (TTM 2001-0011,6340 ALCANTARA AVE., SHOLDERS/RUSSELL) WHEREAS, the applicant, proposes a proposed subdivision of a 1.022 acre, gross, lot into six individual parcels of 0.233, 0.196, 0.141, 0.157, 0.183, and 0.205 acres, gross, each; and WHEREAS, the City Council approved A Tentative Tract Map on March 11, 2003; and WHEREAS, the Planning Commission considered the proposed one year time extension at a meeting held May 2, 2006, setting the expiration date to March 11, 2007; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1: FINDINGS. The Planning Commission makes the following findings: 1. The approval of the time extension would not place the residents of the subdivision or the immediate community, or both in a condition dangerous to their health or safety, or both. 2. The approval of the time extension will not prohibit the project from complying with state or federal law. SECTION 2: TIME EXTENSION APPROVAL The Planning Commission does hereby approve a one-year time extension of TTM 2001-0011, to expire on March 11, 2007. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 01\TTM 2001-0011 6340 Alcantara Russel\Time extension\TTM 2001- 0011.PC staff report.km.doc ITEM NUMBER DATE: 5-2-06 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: ( ) ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 01\TTM 2001-0011 6340 Alcantara Russel\Time extension\TTM 2001- 0011.PC staff report.km.doc ITEM NUMBER: 3 DATE: 5-2-06 Planning Commission Staff Report Consent Agenda Time Extension TPM 2002-0028 9555, 9575, & 9550 Vista Bonita Avenue, AT 01-091 (Frederick) SUBJECT: Consideration of a one-year time extension for Tentative Parcel Map AT 01-091 (TPM 2002-0028). RECOMMENDATION: Staff Recommends: Adopt Resolution PC 2006-0035, thereby approving a one-year time extension of Tentative Parcel Map 2002-0028 in compliance with Sections 11-4.23(a) and 11-4.33(b) of the Subdivision Ordinance. SITUATION AND FACTS: 1. Applicant/Owner: Michael L. Frederick, P.O. Box 573, Atascadero, CA 93423 2. Project Address: 9555, 9575, & 9550 Vista Bonita Avenue, Atascadero, CA 93422 APN: 030-441-013,014, 015 3. General Plan Designation: Single -Family Residence (SFR -Z) 4. Zoning District: 5. Site Area: 6. Existing Use: 7. Environmental Status Residential Single -Family (RSF-Z) 4.33 acre Single -Family Residence, Cellular Site Class 3(b) Categorical Exemption \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 02\TPM 2002-0028 Vista Bonita\Time Extension\TPM 2002-0028.PC staff reportArn.doc ITEM NUMBER: 3 DATE: 5-2-06 DISCUSSION: Background: A proposed subdivision of a 4.33 acre lot into two individual parcels of 1.87 and 2.46 acres, gross, each. Proposed parcel one is currently developed with cellular facilities, which will be confined to that lot and proposed parcel two could be developed with a single-family residence. The property will utilize the City's wastewater facilities and Atascadero Mutual Water Company will provide water services. Analysis: The Subdivision Map Act mandates an initial two-year life and, by local ordinance, the City can extend that initial life up to an additional 12 months. Additionally, the City may extend the time at which the map expires for a period or periods not to exceed a total of five years. These are discretionary extensions. The application for the extension must be filed prior to the expiration date. The Planning Commission has discretion on whether they want to extend the map, or they can defer the decision to the City Council. The Planning Commission may add or modify any conditions of approval, prior to granting the time extension, to insure the project remains consistent with updated ordinances and policy. Staff is not recommending any modifications with this time extension. Map History: Approval Expiration Original Approval February 24, 2004 February 24, 2006 Time Extension 1 Applied 2/21/06 May 2, 2006 February 24, 2007 CONCLUSION: The City Council found the proposed subdivision map, as conditioned, is consistent with the 2002 General Plan and Zoning Ordinance and the lot configurations are consistent with the requirements of the Subdivision Ordinance. Staff recommends the Planning Commission approve the Time Extension as requested. ALTERNATIVES: 1. The Commission may approve the time extension subject to additional or revised project conditions. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 02\TPM 2002-0028 Vista Bonita\Time Extension\TPM 2002-0028.PC staff reportArn.doc ITEM NUMBER: 3 DATE: 5-2-06 2. The Commission may deny the time extension if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. PREPARED BY: Kerry Margason, Associate Planner ATTACHMENTS: Attachment 1 -- Location Map (General Plan & Zoning) Attachment 2 — Approved conditions of approval and mitigation monitoring Attachment 3 -- Draft Resolution PC 2006-0035 \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 02\TPM 2002-0028 Vista Bonita\Time Extension\TPM 2002-0028.PC staff report.km.doc ITEM NUMBER: 3 DATE: 5-2-06 ATTACHMENT 1: Location Map (General Plan / Zoning) TPM 2002-0028 9555, 9575, & 9550 Vista Bonita Ave. halk Mountain Golf .:...- Zoning BoaAe Zoning District: Single -Family Residential (SFR -Z) Land Use Designation: Residential Single -Family (RSF-Z) \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 02\TPM 2002-0028 Vista Bonita\Time Extension\TPM 2002-0028.PC staff report.krn.doc ITEM NUMBER DATE: 5-2-06 Attachment 2: Conditions of Approval / Mitigation Monitoring TPM 2002-0028 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation TPM 2002-0028 (AT 01-091) PM: Parcel Map /Monitoring Measure 9230 Vista Bonita Avenue GP: Grad Prmt BP: Build Prmt PS: Plan Services TO: Temp Occpy BS: Build Services FO: Final Occpy FD: Fire Dept PI: Public Imps PD: Police Dept CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atas Mutual Water Co. Planning Services - 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 map shall be subject to additional fees for park or FM PS recreation purposes (QUIMBY Act) as required by City Ordinance. Project Specific Conditions 7. All future residential development on the parcels shall be FM PS constructed with fire sprinklers. 8. Septic systems may be allowed on these parcels, providing GP/BP PW/PS/BS the systems meet all City and Building Code regulations and policies. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 02\TPM 2002-0028 Vista Bonita\Time Extension\TPM 2002-0028.PC staff report.km.doc ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation TPM 2002-0028 (AT 01-091) PM: Parcel Map /Monitoring Measure 9230 Vista Bonita Avenue GP: Grad Prmt BP: Build Prmt PS: Plan Services TO: Temp Occpy BS: Build Services FO: Final Occpy FD: Fire Dept PI: Public Imps PD: Police Dept CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atas Mutual Water Co. 9. All future development shall be consistent with the Conditions PM PS of Approval detailed in Planning Commission Resolution No. 2001-038. 10. All future proposals for cellular facilities shall be required to Ongoing PS amend the existing Conditional Use Permits and shall be required to co -locate on existing facilities. 11. Prior to recordation of the final map, the applicant shall submit PM PS a landscaping plan for all areas previously disturbed and for the area surrounding the gate on Vista Bonita. This landscaping plan shall be reviewed and approved by the Community Development Department and the landscaping shall be installed prior to recordation of the final map. Engineering Standard Conditions 12. In the event that the applicant is allowed to bond for any public FM CE improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 13. 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. 14. The Subdivision Improvement Agreement shall record FM CE concurrently with the Final Map. 15. The applicant shall enter into a Plan Check/Inspection FM CE agreement with the City. 16. 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. 17. Slope easements shall be obtained by the applicant as FM CE needed to accommodate cut or fill slopes. 15. 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. 18. A current preliminary subdivision guarantee shall be submitted FM CE for review in conjunction with the processing of the parcel map. 19. The final map shall be signed by the City Engineer prior to the FM CE \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 02\TPM 2002-0028 Vista Bonita\Time Extension\TPM 2002-0028.PC staff report.km.doc ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation TPM 2002-0028 (AT 01-091) PM: Parcel Map /Monitoring Measure 9230 Vista Bonita Avenue GP: Grad Prmt BP: Build Prmt PS: Plan Services TO: Temp Occpy BS: Build Services FO: Final Occpy FD: Fire Dept PI: Public Imps PD: Police Dept CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atas Mutual Water Co. map being placed on the agenda for City Council acceptance. 20. Prior to recording the final map, the applicant shall pay all FM CE outstanding plan check/inspection fees. 21. Prior to recording the final map, the applicant shall complete FM CE all improvements required by these conditions of approval. 22. Prior to recording the final map, the applicant's surveyor shall FM CE set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 23. 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. 24. 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. 25. Prior to recording the final map, the applicant shall have the FM CE 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 final map. 26. All public improvements shall be constructed in conformance FM CE with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 27. The applicant shall be responsible for the relocation and/or FM CE alteration of existing utilities. 28. The applicant shall install all new utilities (water, gas, electric, FM CE cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 29. Prior to the final inspection of any public improvements, the FM CE applicant shall submit a written statement from a registered \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 02\TPM 2002-0028 Vista Bonita\Time Extension\TPM 2002-0028.PC staff report.km.doc ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation TPM 2002-0028 (AT 01-091) PM: Parcel Map /Monitoring Measure 9230 Vista Bonita Avenue GP: Grad Prmt BP: Build Prmt PS: Plan Services TO: Temp Occpy BS: Build Services FO: Final Occpy FD: Fire Dept PI: Public Imps PD: Police Dept CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atas Mutual Water Co. civil engineer that all work has been completed and is in full compliance with the approved plans. 30. The applicant shall monument all property corners for FM CE construction control and shall promptly replace them if disturbed. Engineering Project Specific Conditions 31. An ingress, egress and utility easement shall be retained over FM CE Vista Bonita Avenue. 32. A road maintenance agreement shall be prepared for FM CE maintenance of the private driveway, prior to recordation of the final map. The agreement shall be reviewed and approved by the City Engineer, Community Development Director and the City Attorney. After approval, the road maintenance shall record concurrently with the final map. Building /Fire Marshal: 33. Interior fully automatic fire sprinklers will be required for all new GP FD/PS/BS residential development. 34. All roads, access ways and driveways shall be built to Fire GP FD/PS/BS Department standards, including turnouts and/or turnarounds, as required. The short stretch of grade @ 22% shown on the tentative map will be acceptable due to the shallow bury of utilities. 35. All residential structures shall be within 800 feet of a fire hydrant GP FD/PS/BS as measured along the road and driveways. Water tanks will not be an acceptable method of providing emergency water supplies. Water Company: 36. The applicant shall design and construct the water system FM AMWC improvements needed to serve the subdivision. The water system improvements required to serve the subdivision shall be private, shall be operated and maintained by the applicant and shall be isolated from the AMWC system with an appropriate back-flow prevention device. The applicant is responsible for designing and constructing water system improvements that will deliver water at the pressures and flows needed to serve the subdivision. 37. AMWC expressly reserves and retains all rights and privileges grated to it, among other things, to construct and operate water facilities over, along, upon and through the segment of the roadway alignment that is to be abandoned. Said rights and privileges were granted to AMWC by that certain Deed, dated October 20, 1914, and recorded in the Office of the County Recorder, County of San Luis Obispo, State of California, in \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 02\TPM 2002-0028 Vista Bonita\Time Extension\TPM 2002-0028.PC staff report.km.doc ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation TPM 2002-0028 (AT 01-091) PM: Parcel Map /Monitoring Measure 9230 Vista Bonita Avenue GP: Grad Prmt BP: Build Prmt PS: Plan Services TO: Temp Occpy BS: Build Services FO: Final Occpy FD: Fire Dept PI: Public Imps PD: Police Dept CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atas Mutual Water Co. Volume 113, at page 56. MITIGATION MEASURES Mitigation Measure 3.b.1: The project is conditioned to comply BS BS/PS 3.b.1 with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment • Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). • Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. • Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 02\TPM 2002-0028 Vista Bonita\Time Extension\TPM 2002-0028.PC staff report.km.doc ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation TPM 2002-0028 (AT 01-091) PM: Parcel Map /Monitoring Measure 9230 Vista Bonita Avenue GP: Grad Prmt BP: Build Prmt PS: Plan Services TO: Temp Occpy BS: Build Services FO: Final Occpy FD: Fire Dept PI: Public Imps PD: Police Dept CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atas Mutual Water Co. E. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast -germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to revegatation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.e.1: The Grading Plan shall identify tree protection BP fencing around the drip line of each existing on-site tree and/or native shrub mass within 20 feet of construction activity. Mitigation Measure 4.e.2: Grading and excavation and grading work shall BP be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 5. All trees within the area of work shall be fenced for protection with 4 - foot chain link, snow, or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. PS 14.e.1 PS 14.e.2 \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 02\TPM 2002-0028 Vista Bonita\Time Extension\TPM 2002-0028.PC staff report.km.doc ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation TPM 2002-0028 (AT 01-091) PM: Parcel Map /Monitoring Measure 9230 Vista Bonita Avenue GP: Grad Prmt BP: Build Prmt PS: Plan Services TO: Temp Occpy BS: Build Services FO: Final Occpy FD: Fire Dept PI: Public Imps PD: Police Dept CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atas Mutual Water Co. Mitigation Measure 6.b: All disturbed areas, not shown on the project BP BS 6.b landscape plan for landscaping shall be hydro seeded with a native seed mix. Erosion control measures shall include an erosion control blanket for all 2:1 fill slopes. Affected areas that previously contained native shrubs and vegetation shall be replanted with similar plant species per an approved landscape plan. Duration of the proiect: The contractor will be responsible for the clean up of any mud or debris that is tracked out on to EI Bordo Rd and/or the private access drive by construction vehicles. Mitigation Measure 6.c.d: A soils report shall be required to be submitted BP BS 6.c.d with any future building permits by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. Mitigation Measure 11.d: All construction activities shall comply with the BP BS/PS 11.d City of Atascadero Noise Ordinance for hours of operation. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 02\TPM 2002-0028 Vista Bonita\Time Extension\TPM 2002-0028.PC staff report.km.doc ITEM NUMBER: 3 DATE: 5-2-06 EXHIBIT C: Tentative Parcel Map Draft Resolution A TPM 2002-0028 \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 02\TPM 2002-0028 Vista Bonita\Time Extension\TPM 2002-0028.PC staff report.km.doc ITEM NUMBER: 3 DATE: 5-2-06 ATTACHMENT 3: Draft Resolution PC 2006-0035 TPM 2002-0028 9555, 9575, & 9550 Vista Bonita Ave. DRAFT RESOLUTION NO. PC 2006-0035 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A ONE-YEAR TIME EXTENSION OF AN APPROVED VESTING TENTATIVE PARCEL MAP (TPM 2002-0028,9555,9575, & 9550 VISTA BONITA AVE., FREDERICK) WHEREAS, the applicant, proposes a proposed subdivision of a 4.33 acre, gross, lot into two individual parcels of 1.87 and 2.46 acres, gross, each. Proposed parcel 1 is currently developed with cellular facilities, which will be confined to that lot and proposed parcel 2 could be developed with a single-family residence; and WHEREAS, the City Council approved A Tentative Parcel Map on February 24, 2004; and WHEREAS, the Planning Commission considered the proposed one year time extension at a meeting held May 2, 2006, setting the expiration date to February 24, 2007; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1: FINDINGS. The Planning Commission makes the following findings: 1. The approval of the time extension would not place the residents of the subdivision or the immediate community, or both in a condition dangerous to their health or safety, or both. 2. The approval of the time extension will not prohibit the project from complying with state or federal law. SECTION 2: TIME EXTENSION APPROVAL The Planning Commission does hereby approve a one-year time extension of TPM 2002-0028, to expire on February 24, 2007. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 02\TPM 2002-0028 Vista Bonita\Time Extension\TPM 2002-0028. PC staff report.km.doc ITEM NUMBER DATE: 5-2-06 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: ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 02\TPM 2002-0028 Vista Bonita\Time Extension\TPM 2002-0028. PC staff report.km.doc ITEM NUMBER: 4 DATE: 5-2-06 Planning Commission Staff Report Consent Agenda Time Extension TTM 2002-0021 9500 & 9550 Las Lomas Ave. (Westland Engineering, Inc./Barnhard) SUBJECT: Consideration of a one-year time extension for Tentative Tract Map TTM 2002-0021. RECOMMENDATION: Staff Recommends: Adopt Resolution PC 2006-0037, thereby approving a one-year time extension of Tentative Parcel Map 2002-0021 in compliance with Sections 11-4.23(a) and 11-4.33(b) of the Subdivision Ordinance. SITUATION AND FACTS: 1. Applicant: Westland Engineering, Inc., 3480 South Higuera St. #130, San Luis Obispo, CA 93401 Owner: Bruce & Kristi Barnhard, 10417 Claridge Ct., Bakersfeild CA 93311 2. Project Address: 9500 & 9500 Las Lomas Ave. Atascadero, CA 93422, APN: 030-481-005, 006 3. General Plan Designation: High Density Residential (HDR) 4. Zoning District: Residential Multi -Family PD -18 (RMF -16) 5. Site Area: 2.94 acres (Combined) 6. Existing Use: Vacant Land 7. Environmental Status: Class 3(b) Categorical Exemption \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 02\TTM 2002-0021 9500 Las Lomas\TIME EXTENSIONS\TTM 2002- 0021.PC staff report.km.doc ITEM NUMBER: 4 DATE: 5-2-06 DISCUSSION: Background: A proposed subdivision of a 2.94 acre lot into thirty individual parcels. The property will utilize the City's wastewater facilities and Atascadero Mutual Water Company will provide water services. The project site is a gently sloped with numerous trees. Removal of native oak trees is proposed. Analysis. The Subdivision Map Act mandates an initial two-year life and, by local ordinance, the City can extend initial life up to an additional 12 months. Additionally, the City may extend the time at which the map expires for a period or periods not to exceed a total of five years. These are discretionary extensions. The application for the extension must be filed prior to the expiration date. The Planning Commission has discretion on whether they want to extend the map, or they can defer the decision to the City Council. The Planning Commission may add or modify any granting the time extension, to insure the project ordinances and policy. Staff is not recommending extension. Map History: Original Approval Time Extension 1 Time Extension 2 CONCLUSION: Applied 3/24/05 Applied 2/24/06 conditions of approval, remains consistent with any modifications with Approval March 25, 2003 May 4, 2005 May 2, 2006 prior to updated this time Expiration March 25, 2005 March 25, 2006 March 25, 2007 The City Council found the proposed subdivision map, as conditioned, is consistent with the 2002 General Plan and Zoning Ordinance and the lot configurations are consistent with the requirements of the Subdivision Ordinance. Staff recommends the Planning Commission approve the Time Extension as requested. ALTERNATIVES: 1. The Commission may approve the time extension subject to additional or revised project conditions. 2. The Commission may deny the time extension if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 02\TTM 2002-0021 9500 Las Lomas\TIME EXTENSIONS\TTM 2002- 0021.PC staff report.km.doc ITEM NUMBER: 4 DATE: 5-2-06 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: Kerry Margason, Associate Planner ATTACHMENTS: Attachment 1 -- Location Map (General Plan & Zoning) Attachment 2 — Approved conditions of approval and mitigation monitoring Attachment 3 — Draft Resolution 2006-0037 \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 02\TTM 2002-0021 9500 Las Lomas\TIME EXTENSIONS\TTM 2002- 0021.PC staff report.km.doc ITEM NUMBER: 4 DATE: 5-2-06 ATTACHMENT 1: Location Map (General Plan / Zoning) TTM 2002-0021 9500 & 9550 Las Lomas Ave.. Zoning District: Residential Multi Family (RMF -16) Land Use Designation: High Density Residential (HDR) \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 02\TTM 2002-0021 9500 Las Lomas\TIME EXTENSIONS\TTM 2002- 0021.PC staff report.km.doc ITEM NUMBER DATE: 5-2-06 Attachment 2: Conditions of Approval / Mitigation Monitoring TTM 2002-0021 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 9500 Las Lomas Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -18 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2002-0074/ZCH 2002-0032 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney Planning Services 1. The approval of this use permit shall become final and PS effective following City Council approval. 2. Approval of this Master Plan of Development shall be valid FM PS concurrently with the life of Tentative Tract Map 2002-0021 and then indefinitely following final map. The Master Plan of Development approval shall expire and become null and void unless a final map is recorded consistent with the Master Plan of Development. 3. Changes to the Master Plan of Development shall be On-going PS approved by the Planning Commission and do not require Council action. 4. The Community Development Department shall have the BP/FM PS authority to approve the following minor changes to the project the (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps. 5. All subsequent Tentative Tract Maps and construction BP/FM PS permits shall be consistent with the Master Plan of Development contained herein. 6. All exterior elevations, finish materials and colors shall be BP PS consistent with the Master Plan of Development as shown in Exhibit G and Exhibit H with the following modifications: a. Commercial Office Building colors and detailing, including roof tile, windows, and use of exterior accent tile treatment shall match the existing commercial buildings, subject to planning staff approval. b. The Commercial Office Building colors and detailing, including roof tile, windows, and use of exterior tile accent treatment will match the existing commercial buildings, the wood arbor and entry roof structure be further extended to provide additional covered area, the wood arbor be stained a earth tone color, the window trim accent color and roof fascia be painted a \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 02\TTM 2002-0021 9500 Las Lomas\TIME EXTENSIONS\TTM 2002- 0021.PC staff reportAm.doc ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 9500 Las Lomas Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -18 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2002-0074/ZCH 2002-0032 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney contrasting accent color, and the rear retaining wall be integral to the building per the building elevations. c. All trash storage, recycle storage, and air conditioning units will be screened from view behind fenced or landscaped enclosures. d. All front yard areas within the project site will be landscaped by the developer. e. All street frontages along Principal, Las Lomas and Montecito Avenues and common open space areas shall be landscaped by the developer. f. Town house back yards will be landscaped by the individual property owners. All common area maintenance shall be maintained by the homeowner's association. o hrovin and tan earth tone a ppeaFaRGe- h. The garage doors shall be architectural grade and either match the wood entry doors or be painted to match the selected body color i Cvtorinr wonrInwq w'th n nrinw trim droll ho relsescod n rnurnof 7 inohoo j.TowR house _ Plan G and (`_alternate shall ihieet to staff annreval k. (x 58Q) shall be applied to more units than the 7. All site development shall be consistent with the maximum BP/FM PS intensities and standards identified in the statistical project summary as shown on Exhibit B. 8. All site work, grading and site improvements shall be BP/FM PS consistent with the Master Plan of Development as shown in Exhibit C through E, and Exhibit I. 9. The internal street shall utilize pervious paver material, BP/FM PS unless the Planning Commission recommends sidewalks or other modifications. 10. Native oaks trees shall be preserved and protected during BP PS construction unless approved for removal. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 02\TTM 2002-0021 9500 Las Lomas\TIME EXTENSIONS\TTM 2002- 0021.PC staff report.km.doc ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Mitigation Monitoring Program 9500 Las Lomas Avenue PD -18 Master Plan of Development CUP 2002-0074/ZCH 2002-0032 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Tree protection shall be in place prior to the issuance of any construction permits and the arborist shall be under contract to monitor tree protection. The following recommendations from the project arborist shall be applied: Tree Protection: During construction, after the necessary trees that are to be removed, the following shall be accomplished and checked by the Arborist and/or a City Representative. Snow/Construction fencing shall be erected at the drip line of all trees that are to be preserved. The supporting tee posts shall be placed no further apart that 6' due to sagging and should remain in place during the entire construction process. Any construction within the drip lines shall have the Arborist and/or a City Representative present to direct the operation and protect both the root and branch systems. If tree trunks are close to construction are not protected by snow/construction fencing they shall be protected with 2"x4" boards 6' long plus wired together the tree at 6" o.c. all the way around the tree. If the board length is not possible due to branches or tree curvature then shorter boards may be used. Utilities: If utilities are to be run close to a tree that is to be saved the trenching shall be stopped at the drip line and the trench is to be dug either by hand or boring might be necessary. The boring shall be at a depth of no less than 3' deep. If roots are encountered over 3" in diameter they shall be cut by hand in a straight line perpendicular to the direction of the root. If there are many roots in this situation the Arborist and/or City Representative shall be called and possibly boring shall become necessary. Hardscape: If the hardscape is to be placed within the drip line of the tree care shall be taken so that root damage is maintained at a minimum. If roots are cut by equipment that are over 3" in diameter they shall be then recut by hand perpendicular to the direction of the travel of that root. If the roots are to be paved over they shall be done so with the porous pavers. These pavers shall be laid, in road areas, on 3" of un -compacted Class 2 base. This base shall have a leveling course of sand 1" deep placed over the top and then the porous pavers placed on top. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 02\TTM 2002-0021 9500 Las Lomas\TIME EXTENSIONS\TTM 2002- 0021.PC staff report.km.doc ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Mitigation Monitoring Program 9500 Las Lomas Avenue PD -18 Master Plan of Development CUP 2002-0074/ZCH 2002-0032 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure In the sidewalk areas, within the drip line of trees, the area shall be graded to the correct grade and not compacted. A leveling course of sand shall be placed over the new grade and the porous pavers added so that the final grade is at the correct elevation. The edges of the paves shall be retained in place by concrete curbs. In lawn or shrub areas the curbs shall be 6" x6" concrete. In road areas the curbs shall be placed at 2" below grade and reinforced with the recommended rebar size and quantity. The above grade size of the curb shall be as required by the Project Engineer. The curbs shall be pegged with 1'x1'x1' pothole every four to six linear feet, to place the peg out of the root area. Building Envelopes: If the foundations of the buildings are within the drip line of trees to be saved the foundations shall span across areas of roots as recommended by the Engineer and approved by the Engineer, Arborist and/or the City Representative on the site. The depth and size of the foundation pilings shall be determined by the Project Engineer. 11. A final landscape and irrigation plan shall be approved BP PS prior to the issuance of building permits and included as part of site improvement plan consistent with EXHIBIT D, and as follows: ■ All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. Trash/recycle container areas shall be screened with fencing or landscape. ■ All front yards and common areas, and all street frontages shall be landscaped by the developer. All landscape maintenance shall be the responsibility of the individual property owner. All common areas and street frontages shall be maintained by the Homeowner's Association. ■ The street trees (town house front yard trees, and the street trees along Principal, Las Lomas, and Montecito) shall be 24 -inch box size and double staked. • Five trees shall be added along the east side of the proposed office building. ■ Proposed tree wells between town house driveways shall be 5'x Sminimum inside dimension. ■ Native street trees shall be planted along Las Lomas \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 02\TTM 2002-0021 9500 Las Lomas\TIME EXTENSIONS\TTM 2002- 0021.PC staff reportAm.doc ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 9500 Las Lomas Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -18 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2002-0074/ZCH 2002-0032 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney Avenue. ■ The lot #30 pedestrian pathway shall be constructed of decomposed granite or similar material. ■ The lot #30 shall include supplemental landscaping and native tree and shrub planting with appropriate automatic irrigation, subject to staff approval. ■ All street frontages along Principal, Las Lomas and Montecito Avenues and common open space areas shall be landscaped by the developer. 12. All project fencing shall be installed consistent with Exhibits BP PS A, B, and C subject to the following modifications: a. The perimeter fence along Lot 30 shall be Fence Detail #1 (see-through metal picket). Fence Detail #3 (combination wall/picket) shall be applied to each town house lot backing Principal, Las Lomas, and Montecito Avenues. b. The perimeter along Las-LernasAvenue shall be set back approximately 10'froFn baGk of sidewall alGRg Las Lernas AveRue provide ample area for native free and shrub nlonfinn The perimeter fenninn oleng Drinninnl A neo shall he and Monfenife -vena set baGk appFoximately 6'frorn back of sidewalk. The Mnnfenifn Miens pec fenninn onrl lonllcnone droll he gradually GUNed-. c. The south gate shall be a full-time automatic exit -only gate. d. A pedestrian access gate will be located at the Principal Avenue entrance and at the western perimeter location along residential lot #9. e. The proposed split -face CMU material shall be a deep earth tone color or high quality design with finish cap, subject to staff approval. 13. Retaining wall design & material shall compliment the GP PS design theme and colors of the commercial -office building. BP 14. Provisions for on-site pedestrian circulation reciprocal GP PS access between the adjacent westerly property shall be BP required at the location identified on the site plan. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 02\TTM 2002-0021 9500 Las Lomas\TIME EXTENSIONS\TTM 2002- 0021.PC staff report.km.doc ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 9500 Las Lomas Avenue GP: Grading Permit FD: Fire Department PD -18 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2002-0074/ZCH 2002-0032 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney 15. Apply the following tree mitigation, noting that planting GP PS of native trees may be credited against the following fee calculation, subject to staff approval: (Mitigation Fee Table Evergreen Native Trees (inches) Deciduous Native Trees (inches) Totals dbh notes dbh notes 1 138 -inches live oak 1 308 -inches white oak 2 2 3 3 4 4 5 5 6 7 6 8 Total 138 -inches Total 308 -inches 446 -inches Mitigation Requirement Tree Fund Payment: $ 1,150.00 Tree Fund Payment: $ 5,133.33 $ 6,283.33 16. Two units shall be reserved as deed restricted affordable FM, BP PS, CE unit affordable unit in the moderate category. 17. The project applicant shall establish a Homeowners FM, BP PS, CE Association for the town homes project to be funded by residences and to be responsible for the maintenance, repair and replacement of all on-site common areas and facilities, and enforcement of the town house community CC&R's. CC&R's are required with Final Map. 18. Two One guest parking spaces shall be eliminated along FM, BP PS, CE lot #30 to provide sufficient room for the proposed pathway and an additional pathway adjacent to lot #21. 19. A reciprocal access and parking agreement shall be FM, BP PS, CE required connecting the proposed office building lot to the adjacent parking lot property. Building Services \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 02\TTM 2002-0021 9500 Las Lomas\TIME EXTENSIONS\TTM 2002- 0021.PC staff report.km.doc ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 9500 Las Lomas Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -18 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2002-0074/ZCH 2002-0032 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney 20.. A soils investigation prepared by a licensed BP FM Geotechnical Engineer is to be provided for the project. The report is to be provided at the time of building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. Fire Marshal 21. Dimension the width of driveway. A minimum 20' total BP BS width with a minimum head clearance of 13'-6" is to be provided to each building location. Access drives with slopes less than 12% are to have an all-weather surface. 22. Show location of existing and any proposed fire BP BS hydrants. As presented, the project requires one fire hydrant located central to the site along the proposed road.. 23. Provide a letter from the Atascadero Mutual Water BP BS Company stating the minimum expected water available to the site. Amount available must meet min. requirement specified in the California Fire Code. 24. Note approved address signage is to be provided. BP BS 25. Note on plans that fire lanes shall be delineated to BP BS restrict parking as required by the Fire Authority. City Engineer Standard Conditions 26. All public improvements shall be constructed in GP, BP CE conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 27. In the event that the applicant is allowed to bond for GP, BP CE the public improvements required as a condition of the final map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 28. An engineer's estimate of probable cost shall be GP, BP CE submitted for review and approval by the City Engineer to determine the amount of the bond. 29. The Subdivision Improvement Agreement shall record GP, BP CE concurrently with the Final Map. 30. An encroachment permit shall be obtained prior to the GP, BP CE issuance of building permit. 31. The applicant shall enter into a Plan Check/Inspection GP, BP CE agreement with the City. 32. A six (6) foot Public Utility Easement (PUE) shall be GP, BP CE provided where needed \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 02\TTM 2002-0021 9500 Las Lomas\TIME EXTENSIONS\TTM 2002- 0021.PC staff report.km.doc ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 9500 Las Lomas Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -18 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2002-0074/ZCH 2002-0032 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney 33. The applicant shall be responsible for the relocation GP, BP CE and/or alteration of existing utilities. 34. The applicant shall install all new utilities (water, gas, GP, BP CE electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 35. The applicant shall monument all property corners for GP, BP CE construction control and shall promptly replace them if disturbed. 36. The applicant shall acquire title interest in any off-site GP, BP CE land that 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. 37. Slope easements shall be provided as needed to GP, BP CE accommodate cut of fill slopes. 38. Drainage easements shall be provided as needed to GP, BP CE accommodate both public and private drainage facilities. 39. A preliminary subdivision guarantee shall be GP, BP CE submitted for review in conjunction with the processing of the map. 40. All existing and proposed utility, pipeline, open space, GP, BP CE or other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 41. The final map shall be signed by the City Engineer GP, BP CE prior to the map being placed on the agenda for City Council acceptance. 42. Prior to recording the final map, the applicant shall GP, BP CE submit a 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. 43. Prior to recording the final map, the applicant shall set GP, BP 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. 44. Prior to recording the parcel map, the applicant shall pay GP, BP CE all outstanding plan check/inspection fees. 45. Prior to recording the map, the applicant shall complete GP, BP CE all improvements required by these conditions of \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 02\TTM 2002-0021 9500 Las Lomas\TIME EXTENSIONS\TTM 2002- 0021.PC staff report.km.doc ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 9500 Las Lomas Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -18 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2002-0074/ZCH 2002-0032 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney approval. 46. Prior to recording the parcel map, the applicant shall GP, BP CE have the 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. 47. Upon recording the final map, the applicant shall provide GP, BP CE the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map and a digital copy of the map. 48. Prior to the final inspection of any public improvements, GP, BP CE the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 49. Prior to the final inspection, the applicant shall submit a GP, BP CE written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. City Engineer GP, BP CE Site Specific Conditions 50. Prior to approving the road abandonment, the GP, BP CE applicant shall have the application reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company which indicates their review of the application. The letter shall identify any new easements which may be requires by the utility company. A copy of the letter shall be submitted to the City. New easements shall be recorded prior to or concurrently with the road abandonment. 51. Provisions for on-site pedestrian circulation reciprocal GP, BP CE access between the adjacent westerly property shall be required at the location identified on the site plan. Public Improvements 52. All public improvements shall be design by a registered GP, BP CE Civil Engineer and constructed in conformance with the \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 02\TTM 2002-0021 9500 Las Lomas\TIME EXTENSIONS\TTM 2002- 0021.PC staff report.km.doc ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 9500 Las Lomas Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -18 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2002-0074/ZCH 2002-0032 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 53. Concrete curb, gutter and sidewalk are required to be GP, BP CE constructed along the project frontage on Principal Ave, Las Lomas Ave and Montecito Ave. The existing pavement shall be saw cut a minimum of 3 feet from the new gutter lip and removed. New asphalt shall be placed to City Standard. Cross fall on the road surface to the gutter shall be City Standards. No parking sign will be installed along these frontages. A 4 -foot clear path of travel will be provided on the sidewalk at all times. 54. This project is required to overlay Principal Ave from EI GP, BP CE Camino Real to the private entrance driveway with a minimum of 2 inch of Asphalt. The existing asphalt will be ground from the gutter lip to 6 feet back, to allow for a smooth transition to the gutter. Private Improvements 55. All onsite improvements are private except for utilities. GP, BP CE The homeowner association will be responsible all maintenance, including, road, drainage and grading. The project C,C&R's shall detail this maintenance. Traffic 56. Applicant will be required to participate in costs of GP, BP CE modeling traffic impacts from this project via the City traffic model. City Engineer will forward project data to the City's consultant for inclusion in the model. Solid Waste 57. Turn around for solid waste collection vehicles will be GP, BP CE provided per Atascadero Waste Alternative standards Drainage 58. This project proposes to drain storm water offsite to GP, BP CE existing gutters on EI Camino Real and Principal Ave per the Preliminary Grading Plan and Drainage Calculations produced by Westland Engineering. The storm water will than be conveyed in the gutter to an existing drop inlet on EI Camino Real north of Principal Ave. The storm water flows from the drop inlet are conveyed in an existing earthen swale through several private properties, under Pino Solo Ave., through Chalk Mountain Golf Course, under the UPRR tracks and to the Salinas River. Listed below are specific conditions \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 02\TTM 2002-0021 9500 Las Lomas\TIME EXTENSIONS\TTM 2002- 0021.PC staff report.km.doc ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 9500 Las Lomas Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -18 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2002-0074/ZCH 2002-0032 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney for the drainage of this project. 59. Detailed plans and calculations will be provided for the GP, BP CE onsite proposed drainage system and the offsite drainage system through the commercial center below this project. Easements for all flows through the commercial center from the Villa at Montecito will be required. Flows will not be allowed to cross over sidewalks or driveway approaches. 60. A under sidewalk drain, or other device, will be used to GP, BP CE convey the flows from the private drive to Principal Ave. 61. The combined flow in the gutters on EI Camino Real and GP, BP CE Principal Ave will not over top the curb in a 10 -year event. Where the discharge gutter capacity is exceeded a storm drain or other facilities shall be provided to convey the excess flow. 62. The down stream culverts under private driveways and GP, BP CE Pino Solo Ave will be upsized, if necessary, to take the increased flows. 63. If any of these conditions cannot be met, then on site GP, BP CE detention basins, other mitigation to mitigate the down stream impacts will be required. 64. All requirements of Section 5 "Storm Drainage" of the GP, BP CE Engineering Department standard specifications and drawings will be met. 65. Obtain approval by the City Engineer of the grading & GP, BP CE drainage plan and the storm drain design & facilities. 66. Submit calculations to support the design of any GP, BP CE structures or pipes. Closed conduits shall be designed to convey the 10 year flow with gravity flow, the 25 year flow with head, and provide safe conveyance for the 100 year overflow. 67. Show the method of dispersal at all pipe outlets. Include GP, BP CE specifications for size & type. 68. Show method of conduct to approved off-site drainage GP, BP CE facilities. 69. Concentrated drainage from off-site and onto offsite GP, BP CE areas shall be conveyed across the project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 02\TTM 2002-0021 9500 Las Lomas\TIME EXTENSIONS\TTM 2002- 0021.PC staff report.km.doc ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 9500 Las Lomas Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -18 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2002-0074/ZCH 2002-0032 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney Wastewater Department 70. Applicant shall pay sewer Extension (Annexation), GP, BP CE Connection and Reimbursement fees (if applicable) upon issuance of building permit. 71. Gravity mains and other sewer facilities within the GP, BP CE subdivision shall be privately owned and maintained. Any residences that can not gravity feed into the private sewer main will required private lift stations. The maintenance and operation of the lift stations will be the private owners responsibility. 72. Gravity mains within the subdivision shall be eight (8) GP, BP CE inches in diameter. 73. Gravity mains shall terminate in manholes. GP, BP CE 74. Whenever possible, sewer mains shall be laid out in a GP, BP CE straight line between structures. 75. Drainage piping serving fixtures which have flood level GP, BP CE rims located below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve Fixtures above such elevation shall not discharge through the backwater valve. 76. Final project inspection shall be contingent upon GP, BP CE completion of the public sewer extension and Public Works final inspection. 77. Applicant shall have six (6) months from public sewer GP, BP CE extension final inspection to submit accurate record (as - built) drawings and a reimbursement map/agreement that has been approved by the Director of Public Works. After the six-month deadline, all right to receive reimbursement from others connecting the public sewer extension shall be waived. 78. A City of Atascadero Sewer Extension Performance GP, BP CE Agreement shall be executed. Atascadero Mutual Water Company 79. Prior to the issuance of building permits, the applicant GP, BP CE shall submit plans showing the water distribution facilities required to serve the project for review and approval by the Atascadero Mutual Water Company (AMWC). The plans shall show all facilities required for fire protection. The plans shall show all cross- \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 02\TTM 2002-0021 9500 Las Lomas\TIME EXTENSIONS\TTM 2002- 0021.PC staff report.km.doc ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 9500 Las Lomas Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -18 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2002-0074/ZCH 2002-0032 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney connection devices required to isolate the fire protection and landscape irrigation systems from the domestic waters stem. 80. Prior to the issuance of building permits, the applicant GP, BP CE shall obtain a "Will Serve" letter from the Atascadero Mutual Water Company for the newly created lots. 81. Prior to starting construction of the water system GP, BP CE improvements, the applicant shall pay all installation and connection fees required by AMWC 82. All water distribution facilities shall be constructed in GP, BP CE conformance with AMWC standards, policies and approved procedures. All cross connection devices shall be constructed in conformance with AWWA and Department of Health Services standards. 83. The applicant shall show how domestic and fire GP, BP CE suppression service will be provided to commercial building. 84. Show landscape meters for common area GP, BP CE landscaping. 85. Show details for main extension tie in points at GP, BP CE Montecito Ave and Principal Ave. Main extension shall be a minimum of 8" C900 CL 150 PVC pipe. Show size of main extension, and existing water mains, on plans. 86. Condominiums require separate water meters for each GP, BP CE individual unit. Show locations of all water meters per AMWC standards. Separate private easements are recommended for units that do not front along roadway containing water main. 87. Show all fire suppression appurtenances that GP, BP CE Atascadero Fire Department is conditioning for this project. Mitigation Measures Mitigation Measure 1.c: All lighting shall be designed to BP PS 1.0 eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 30 -feet in height, limit intensity to 2.0 foot candles at ingress /egress, and otherwise 0.6 foot candle minimum to 1.0 maximum in parking areas. Fixtures shall be shield cut-off type. Avoid wall mount fixtures at rear of commercial building, except at exits. Mitigation Measure 3.b: The project shall be conditioned to BP PS 3.b comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in section 6.4 of the Air Quality Handbook. All site grading and demolition plan notes shall list the following regulations: A. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage, preferably in the late morning and after work is finished for \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 02\TTM 2002-0021 9500 Las Lomas\TIME EXTENSIONS\TTM 2002- 0021.PC staff report.km.doc ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 9500 Las Lomas Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -18 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2002-0074/ZCH 2002-0032 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney the day. B. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e. greater than 20 mph averaged over one hour) so as to prevent excessive amounts of dust. C. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. D. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. E. Permanent dust control measured identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. F. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast -germinating native grass seed and watered until vegetation becomes established. G. All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods in advance by the APCD. H. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible. In addition, structural foundations shall be completed as soon as possible following building pad construction. I. On-site vehicle speed shall be limited to 15 mph for any unpaved surface. J. All unpaved areas with vehicle traffic shall be watered at least twice per day, using non -potable water. K. Streets adjacent to the project site shall be swept daily to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust from leaving the site. L. Wheel washers may be required when significant offsite import or export of fill is involved. M. Large canopy shade trees shall be provided along street frontages and within parking areas to shade paved areas and minimize urban heat build-up. Mitigation Measure 4.e.1: Prior to Planning Commission BP BS 4.e.1 consideration of the proposed project, a Tree Protection Plan shall be prepared by a Certified Arborist and submitted for attachment to the Planning Commission staff report for the proposed project. All tree removals shall be mitigated according to the Atascadero Tree Ordinance, and the proposed Tree Retention/Removal Inventory by payment into the Tree Mitigation Fund. The plan shall include recommended performance standards for preservation of all trees proposed for retention during construction and implementation. Mitigation Measure 4.e.2: Prior to approval of the Precise BP, GP PS 4.e.2 Grading Plan, a Tree Protection Plan prepared by a Certified Arborist shall be submitted and approved for the proposed project. All tree removals shall be mitigated according to the \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 02\TTM 2002-0021 9500 Las Lomas\TIME EXTENSIONS\TTM 2002- 0021.PC staff report.km.doc ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 9500 Las Lomas Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -18 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2002-0074/ZCH 2002-0032 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney Atascadero Tree Ordinance, by payment into the Tree Mitigation Fund, and on-site native tree planting per the proposed Tree Retention/Removal Inventory. Mitigation Measure 4.e.3: The building permit site plan shall BP, GP PS 4.e.3 identify all protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan. Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. Mitigation Measure 4.e.4: The developer shall contract with a BR GP PS 4.e.4 certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed as identified in the tree protection plan. Trees requiring this protection are: #1, 7, 8, 9, 10, 20, 21, 22, 25, 26, 27, 28, 30, 34, 35, 36, 37, 38, 44, 45, 46, 49, 50, 51, 52, 53, 54. 55, and 56 as identified on the Tree Protection Inventory. (c) As specified by the arborist report and City staff: ■ Remove all berry vines and trees designated for removal by hand; ■ Prune all trees to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on- site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 02\TTM 2002-0021 9500 Las Lomas\TIME EXTENSIONS\TTM 2002- 0021.PC staff report.km.doc ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 9500 Las Lomas Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -18 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2002-0074/ZCH 2002-0032 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney measures are no longer required for tree protection. Mitigation Measure 4.e.5: The project landscape shall include BP, GP PS 4.e.5 requiring 24 -inch box sized street trees for all street trees planted along any private or public streets and as identified on the preliminary landscape plan. Mitigation Measure 5.b: Should any cultural resources be GP BS 5.b unearthed during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. Mitigation Measure 6.b.1: The Building Permit Application GP PS, BS, CE 6.b.1 plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.b.2: All cut and fill slopes shall be GP BS 6.b.2 hydroseeded with an appropriate erosion control method (erosion control blanket, hydro -mulch, or straw mulch appropriately anchored) immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6.c.d: A soils report shall be required to be GP PS, BS, CE 6.c.d submitted with a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for occupants and buildings. Mitigation Measure 8.e.f.1: Drainage calculations are required GP PS, BS, CE 8.0.1 per section 5 of Atascadero Engineering Standards. The "Retention Areas" will be sized for the detention of the 50 year developed storm runoff, while metering out the 2 year undeveloped storm runoff. Mitigation Measure 8.e.f.2: A Stormwater Pollution Prevention BP, GP PS, BS 8.e.f.2 Plan (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.3: The developer is responsible for GP BS, CE 8.e.f.3 ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.d: All construction activities shall GP BS, CE 11A comply with the City of Atascadero Noise Ordinance for hours of operation. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 02\TTM 2002-0021 9500 Las Lomas\TIME EXTENSIONS\TTM 2002- 0021.PC staff report.km.doc ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Mitigation Monitoring Program 9500 Las Lomas Avenue PD -18 Master Plan of Development CUP 2002-0074/ZCH 2002-0032 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 02\TTM 2002-0021 9500 Las Lomas\TIME EXTENSIONS\TTM 2002- 0021.PC staff report.km.doc ITEM NUMBER: 4 DATE: 5-2-06 ATTACHMENT 3: Draft Resolution PC 2006-0037 TTM 2002-0021 9500 Las Lomas Ave. DRAFT RESOLUTION NO. PC 2006-0037 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A ONE-YEAR TIME EXTENSION OF AN APPROVED VESTING TENTATIVE TRACT MAP (TTM 2002-0021,9500 & 9550 LAS LOMAS AVE., WESTLAND ENGINEERING, INC. / BARNHARD) WHEREAS, the applicant, proposes a proposed subdivision of a 2.94 acre, gross, lot into thirty individual parcels. The project site is a gently sloped with numerous trees. Removal of native oak trees is proposed; and WHEREAS, the City Council approved a Tentative Tract Map on March 25, 2003; and WHEREAS, the Planning Commission considered the proposed one year time extension at a meeting held May 2, 2006, setting the expiration date to March 25, 2007; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1: FINDINGS. The Planning Commission makes the following findings: 1. The approval of the time extension would not place the residents of the subdivision or the immediate community, or both in a condition dangerous to their health or safety, or both. 2. The approval of the time extension will not prohibit the project from complying with state or federal law. SECTION 2: TIME EXTENSION APPROVAL The Planning Commission does hereby approve a one-year time extension of TTM 2002-0021, to expire on March 25, 2007. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 02\TTM 2002-0021 9500 Las Lomas\TIME EXTENSIONS\TTM 2002- 0021.PC staff report.km.doc ITEM NUMBER: 4 DATE: 5-2-06 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: ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 02\TTM 2002-0021 9500 Las Lomas\TIME EXTENSIONS\TTM 2002- 0021.PC staff report.km.doc ITEM NUMBER: 5 DATE: 5-2-06 Atascadero Planning Commission Staff Report - Community Development Department Tentative Parcel Map 2005-0072 (AT 05-0142) 5155 Escarpa Ave. (Miles, Hansen) SUBJECT: Proposed subdivision of one existing parcel totaling approximately 3.37 acres net into three lots of 1.22, 1.14, and 1.00 acres net. The site is currently developed with a single-family residence which is located on proposed parcel one. RECOMMENDATION: Staff Recommends: Planning Commission adopt Resolution PC 2006-0036, certifying Proposed Mitigated Negative Declaration 2005-0032 and approving Tentative Parcel Map 2005-0072, based on findings and subject to conditions of approval and mitigation monitoring. SITUATION AND FACTS: 1. Applicant: Barak Miles, 5255 Traffic Way, Suite 104, Atascadero, CA 93422 Phone: 461-5560 2. Owners: Jeff Hansen, P O Box 1710, Atascadero, CA 93423, Phone: 466-1344 Barak J. Miles, 5255 Traffic Way, Suite 104 Atascadero, CA 93422, Phone: 461-5560 3. Project Address: 5155 Escarpa Avenue, Atascadero, CA 93422 APN 029-161-008 4. General Plan Designation: Single -Family Residential - Y 5. Zoning District: Residential Single -Family - Y 6. Site Area: 3.37 acres net ITEM NUMBER: 5 DATE: 5-2-06 7. Existing Use: Single -Family Residence 8. Environmental Status: Proposed Mitigated Negative Declaration 2005- 0032 DISCUSSION: Project Definition The proposed project consists of Parcel Map to establish three lots of 1.22, 1.14, and 1.00 acres net. The site is currently developed with a single-family residence which is located on proposed parcel one. Background: The Planning Commission reviewed this project on November 1, 2005. The applicant was directed to modify the proposed design to reduce impacts to the natural topography and eliminate any potential building envelope within the drainage area. The applicant has redesigned the project and has located both of the two additional proposed building envelopes along the Escarpa Ave. frontage where minimized grading will be necessary to accommodate the future construction. Subdivision Design: The project site is within the Single - Family Residential -Y General Plan Land Use Designation and is zoned Residential Single -Family -Y, with a minimum lot size of 1 -acre net. ITEM NUMBER: 5 DATE: 5-2-06 The applicant is proposing three elongated parcels with building envelopes located along the Escarpa frontage where slopes are less than 20%. The proposed parcels will include a Tree Preservation and Open Space easement across the eastern portions of each site to ensure no future development occurs on the sloped portions of each lot. The Zoning Ordinance currently does not allow the creation of new parcels that exceed a ratio of 3:1 unless a finding can be made that the proposed parcels will not be detrimental to neighboring parcels. Each of the proposed lots exceeds the 3:1 ratio, however, each lot has adequate frontage width to construct a single-family residence and meet all required setbacks. The applicant has provided a grading and drainage plan ITEM NUMBER: 5 DATE: 5-2-06 showing the development potential of each site within the proposed envelope (see full- sized exhibits). The eastern portion of each site contains slopes of 30% or greater and is heavily populated with native trees. These portions of the site will be designated as no -build areas and will not be viable for future development. Therefore, staff recommends that the Planning Commission make the finding that the proposed lot configuration will not be detrimental to neighboring parcels. The applicant has provided examples of similar parcel maps approved in the City with the same configuration and provision of tree conservation easements. (see applicant full sized exhibits) �1 ®�� • Mmay! -=w.- o rd QN �Lkm .^.�. M FOR, NORM r; ``►x^^11 � � � � �.: �"..+ V ��1►-sar � "% y��� 1 � Native Tree Removals: With the revised configuration of the lots and revised building envelope location, no native trees are proposed for removal. Staff has conditioned the buildings be constructed with stem walls as shown on the conceptual grading and drainage plan to minimize impacts to adjacent trees (Condition #9). ITEM NUMBER: 5 DATE: 5-2-06 Public Improvements The City Engineer is requiring that both streets be overlayed (Condition 14). General Plan Consistency The subdivision is consistent with the General Plan Single -Family Residential -Y Land Use Designation and Residential Single -Family -Y Zoning regulations with minimum lot sizes of 1 -acre net or greater. Findings 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement, as conditioned, of the proposed subdivision 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 subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 5. The subdivision is consistent with the character of the immediate neighborhood. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. The proposed subdivision design and type of improvements proposed will not cause serious public health problems. 8. The proposed subdivision will be accomplished without detriment to the adjacent properties. Proposed Environmental Determination Staff revised the previously prepared Draft Mitigated Negative Declaration, which was re -circulated to public agencies and interested members of the public on April 6, 2006. The Environmental Analysis identified concerns regarding potential impacts to aesthetics, air quality, and biological resources. Mitigation measures pertaining to these resources are included. A finding is proposed that this project would not have a significant effect on the environment based upon the implementation of the identified mitigation measures. Staff is recommending the Commission certify Proposed Mitigated Negative Declaration 2005-0032. Conclusion ITEM NUMBER: 5 DATE: 5-2-06 The subdivision, as conditioned, is consistent with the 2002 General Plan and Zoning Ordinance, based on findings and subject to conditions of approval. 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 Tentative Parcel Map 2005-0072 as conditioned. ALTERNATIVES: 1. The Commission may approve the subdivision subject to additional 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. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1 -- Location Map Attachment 2 -- Proposed Mitigated Negative Declaration 2005-0032 and Initial Study Attachment 3 -- Draft Resolution PC 2006-0036 ITEM NUMBER DATE: 5-2-06 ATTACHMENT 1: Location Map (General Plan / Zoning) TPM 2005-0072 5155 Escarpa Ave. ITEM NUMBER DATE: 5-2-06 ATTACHMENT 2: Proposed Mitigated Negative Declaration and Initial Study TPM 2005-0072 5155 Escarpa Ave. See Following ITEM NUMBER: 5 DATE: 5-2-06 ATTACHMENT 3: Draft Resolution No. PC 2006-0036 TPM 2005-0072 5155 Escarpa Ave. DRAFT RESOLUTION PC 2006-0036 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO CERTIFYING PROPOSED MITIGATED NEGATIVE DECLARATION 2005-0032 AND APPROVING A TENTATIVE PARCEL MAP 2005-0072 TO ESTABLISH THREE PARCELS ON APN 049-281-012 (Miles) WHEREAS, an application has been received from Barak Miles (5255 Traffic Way, Suite 104, Atascadero, CA 93422, and Jeff Hansen, P O Box 1710, Atascadero, CA 93423) Applicants and Property Owners to consider a project consisting of a Tentative Parcel Map to subdivide one residential parcel into three parcels of one acre net or greater; and, WHEREAS, the site's current General Plan Designation is Single -Family Residential -Y (SFR -Y); and, WHEREAS, the site's current Zoning District is Residential Single -Family -Y; and, WHEREAS, the minimum lot size in the Residential Single -Family -Y Zoning District is 1 -acre net; 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, an Initial Study and Draft Mitigated Negative Declaration 2005-0032 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on November 1, 2005, studied and considered Tentative Parcel Map 2005- 0072, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, ITEM NUMBER: 5 DATE: 5-2-06 NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Certification of Mitigated Negative Declaration. The Planning Commission finds as follows: 1. The Negative Declaration has been completed in compliance with requirements of the California Environmental Quality Act; and, 2. The project does not have the potential to degrade the environment; and 3. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, 4. The project does not have impacts which are individually limited, but cumulatively considerable; and, 5. The project will not cause substantial adverse effects on human beings either directly or indirectly. SECTION 2. Approval for Tentative Parcel Map, the Planning Commission finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement, as conditioned, of the proposed subdivision 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 subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 5. The subdivision is consistent with the character of the immediate neighborhood. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. The proposed subdivision design and type of improvements proposed will not cause serious public health problems. 8. The proposed subdivision will be accomplished without detriment to the adjacent properties. SECTION 3. Approval. The Planning Commission does hereby approve Tentative Parcel Map 2005-0072 (AT 05-0142), subject to the following Conditions and Exhibits: EXHIBIT A: Proposed Mitigated Negative Declaration 2005-0032 EXHIBIT B: Conditions of Approval EXHIBIT C: Tentative Parcel Map 2005-0072 (AT 05-0142) EXHIBIT D: Conceptual grading and drainage plan EXHIBIT E: Tree Protection Plan ITEM NUMBER: 5 DATE: 5-2-06 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: ABSTAINED: ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary ITEM NUMBER DATE: 5-2-06 EXHIBIT A: Proposed Mitigated Negative Declaration TPM 2005-0072 See Following ITEM NUMBER DATE: 5-2-06 EXHIBIT B: Conditions of Approval TPM 2005-0072 Conditions of Approval / Mitigation Monitoring Program Timing Responsibili Mitigation ty Measure TPM 2005-0072 (AT 05-0142) PM: Parcel Map GP: Grading Pmt /Monitoring BP: Building Prmt TO: Temporary PS: Planning Services BS: Building Services 5155 Escarpa Ave. Occupancy FD: Fire Department F0: Final Occupancy PD: Police PI: Public Improvements Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Planning Services 1. The approval of this application shall become final, subject to the PM 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 after PM PS its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the authority to PM PS 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 approved PM PS tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 5. The subdivider shall defend, indemnify, and hold harmless the City of Ongoing CA 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 PM PS recreation purposes (QUIMBY Act) as required by City Ordinance. Project Specific Conditions 7. The final map shall clearly identify the building envelope on a PM PS second map sheet. All provisions shall be reviewed by the Community Development Director and the City Attorney for approval, prior to recordation. 8. The final map shall clearly identify the driveway locations BP PS consistent with EXHIBIT C. Any proposed changes to the driveway that result in impacts to additional native trees shall be reviewed in conformance with the Atascadero Native Tree Ordinance, subject to staff approval. ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Mitigation Monitoring Program Timing Responsibili Mitigation ty Measure TPM 2005-0072 (AT 05-0142) PM: Parcel Map GP: Grading Prmt /Monitoring BP: Building Prmt TO: Temporary PS: Planning Services 5155 Escarpa Ave. Occupancy BS: Building Services FD: Fire Department F0: Final Occupancy PD: Police PI: Public Improvements Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadeno Mutual Water Company 9. All future construction on Parcels 2 and 3 shall be located as BP PS/BS shown on the conceptual grading and drainage plan and shall adhere to the hillside grading policies. Stem wall construction or a stepped foundation shall be utilized for the future construction of Parcels 2 and 3. 10. Future construction shall adhere to the requirements of the BP PS Atascadero Native Tree Ordinance in regards to protection measures and removal mitigation. Any additional removals not identified on the conceptual grading and drainage plan will require planning commission approval. 11. All utilities shall be placed underground in the area of the driveway BP PS in order to reduce trenching and potential impacts to native vegetation. 12. A tree conservation and Open Space easement shall be recorded PM PS/CE on portions of proposed parcels as shown in EXHIBIT C. 13. All driveways shall incorporate retaining walls to avoid/minimize BP PS impacts to adjacent native trees. City Engineer Project Conditions 14. Escarpa Ave and Pinal Ave shall be overlaid with 1 '/2 inches of FM PW asphalt along the entire property frontage (Escarpa and Pinal). Public Works Department will inspect the work. Contractor to obtain an encroachment permit prior to starting work. 15. Obtain approval by the City Engineer of the grading & drainage FM PW plan and the storm drain design & facilities. 16. Submit calculations to support the design of any structures or pipes. Closed conduits shall be designed to convey the 10 year flow with gravity flow, the 25 year flow with head, and provide safe conveyance for the 100 year overflow. 17. Each lot shall provide for the detention of the 50 year developed storm runoff, while metering out the 2 year undeveloped storm runoff. 18. Concentrated drainage from off-site areas shall be conveyed across the project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement or Caltrans approval can not be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Mitigation Monitoring Program Timing Responsibili Mitigation ty Measure TPM 2005-0072 (AT 05-0142) PM: Parcel Map GP: Grading Prmt /Monitoring BP: Building Prmt TO: Temporary PS: Planning Services 5155 Escarpa Ave. Occupancy BS: Building Services FD: Fire Department F0: Final Occupancy PD: Police PI: Public Improvements Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadeno Mutual Water Company City Engineer Standard Conditions 19. All public improvements shall be constructed in conformance with the BP PW City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 20. In the event that the applicant is allowed to bond for the public FM PW improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 21. An engineer's estimate of probable cost shall be submitted for review FM PW and approval by the City Engineer to determine the amount of the bond. 22. The Subdivision Improvement Agreement shall record concurrently FM PW with the Final Map. 23. An encroachment permit shall be obtained prior to the issuance of BP PW building permit. 24. The applicant shall be responsible for the relocation and/or alteration BP PW of existing utilities. 25. The applicant shall install all new utilities (water, gas, electric, cable BP PW TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 26. The applicant shall monument all property corners for construction FM PW control and shall promptly replace them if disturbed. 27. The applicant shall acquire title interest in any off-site land that may be FM PW 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. 28. Slope easements shall be provided as needed to accommodate cut of FM PW fill slopes. 29. Drainage easements shall be provided as needed to accommodate FM PW both public and private drainage facilities. 30. A preliminary subdivision guarantee shall be submitted for review in FM PW conjunction with the processing of the parcel map. ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Mitigation Monitoring Program Timing Responsibili Mitigation ty Measure TPM 2005-0072 (AT 05-0142) PM: Parcel Map GP: Grading Prmt /Monitoring BP: Building Prmt TO: Temporary PS: Planning Services BS: Building Services 5155 Escarpa Ave. Occupancy FD: Fire Department F0: Final Occupancy PD: Police PI: Public Improvements Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadeno Mutual Water Company 31. All existing and proposed utility, pipeline, open space, or other FM PW easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 32. The final map shall be signed by the City Engineer prior to the map FM PW being placed on the agenda for City Council acceptance. 33. Prior to recording the parcel map, the applicant shall submit a map FM PW 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. 34. Prior to recording the parcel map, the applicant shall set monuments FM PW 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. 35. Prior to recording the parcel map, the applicant shall pay all FM PW outstanding plan check/inspection fees. 36. Prior to recording the map, the applicant shall complete all FM PW improvements required by these conditions of approval. 37. Prior to recording the parcel map, the applicant shall have the map FM PW 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. 38. Upon recording the final map, the applicant shall provide the City with FM PW a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 39. Prior to the final inspection of any public improvements, the applicant FM PW 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. 40. Prior to the final inspection, the applicant shall submit a written FM PW certification from a registered civil engineer or land surveyor that all ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Mitigation Monitoring Program Timing Responsibili Mitigation ty Measure TPM 2005-0072 (AT 05-0142) PM: Parcel Map GP: Grading Prmt /Monitoring BP: Building Prmt TO: Temporary PS: Planning Services 5155 Escarpa Ave. Occupancy BS: Building Services FD: Fire Department F0: Final Occupancy PD: Police PI: Public Improvements Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadeno Mutual Water Company survey monuments have been set as shown on the final map. Atascadero Mutual Water Company: Before recordation of the final map, the applicant shall submit plans to PM AMWC 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. Before the start of construction on the water system improvements, the PM AMWC 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. Before issuance of building permits, the applicant shall obtain a "Will Serve" BP/GP AMWC letter from AMWC for the newly created lots within the subdivision. Separate water meters for domestic water service are required for each PM AMWC individual lot within the subdivision. The applicant is responsible for designing and constructing water system PM AMWC improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. Mitigation Measures Mitigation Measure 1.c.1: A landscape plan prepared by a qualified BP PS/BS 1.0 professional shall be submitted with future building permits should the home site design include any cut and fill slopes. All cut and fill slopes will be revegetated with native grasses, shrubs, and trees consistent with the surrounding vegetation. Mitigation Measure 1.c.2: Any retaining walls shall be constructed of dark BP PS/BS 1.c.2 color split face block or better and shall be designed to blend in with the existing terrain. Mitigation Measure 3.b.1: The project shall be conditioned to comply with BP PS/BS 3.b.1 all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in section 6.4 of the Air Quality Handbook. All site grading and demolition plans notes shall list the following regulations: Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Mitigation Monitoring Program TPM 2005-0072 (AT 05-0142) 5155 Escarpa Ave. Timing PM: Parcel Map GP: Grading Prmt BP: Building Prmt TO: Temporary Occupancy F0: Final Occupancy PI: Public Improvements Responsibili ty /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadeno Mutual Water Company Mitigation Measure ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. ■ Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re - vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast - germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard minimum ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Mitigation Monitoring Program Timing Responsibili Mitigation ty Measure TPM 2005-0072 (AT 05-0142) PM: Parcel Map GP: Grading Prmt /Monitoring BP: Building Prmt TO: Temporary PS: Planning Services 5155 Escarpa Ave. Occupancy BS: Building Services FD: Fire Department F0: Final Occupancy PD: Police PI: Public Improvements Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadeno Mutual Water Company vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.e.1: The building permit site plan shall identify all BP BS/PS 4.e.1 protection and enhancement measures recommended by a Certified Arborist in a Tree Protection Plan. Tree protection fencing shall be installed at the driplines of all native trees potentially effected by construction activities. Should construction activities encroach into the dripline of any native tree, monitoring by the project arborist shall be required. Mitigation Measure 4.e.2: Grading and excavation shall be consistent with BP BS/PS 4.e.2 the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 5. All trees within the area of work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 4.e.3: The developer shall contract with a certified BP BS/PS 4.e.3 arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining an arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbingor ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Mitigation Monitoring Program TPM 2005-0072 (AT 05-0142) 5155 Escarpa Ave. Timing PM: Parcel Map GP: Grading Prmt BP: Building Prmt TO: Temporary Occupancy F0: Final Occupancy PI: Public Improvements Responsibili ty /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadeno Mutual Water Company Mitigation Measure earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. (c) As specified by the City staff: ■ Fencing: Must be a minimum of 4' high chain link, snow or safety fence staked at the drip -line or line of encroachment for each group of trees. The fence must be up before any construction or earth moving begins. The arborist(s) shall inspect the fence placement once it is erected. ■ 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. ■ 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. ■ Trenching Within the Drip Line: All trenching under the drip lines of native trees shall be hand dug, augured or bored. All major roots shall be avoided whenever possible. All exposed roots larger than 1" in diameter shall be clean cut with a sharp pruning tool and not left ragged. Trenching will occur during septic line construction and water line construction. ■ 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 disturb 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. ■ Exposed Roots: Any exposed roots shall be recovered the same day they were exposed. ■ Paving within the Drip Line: Pervious surfacing is preferred within the drip line of any oak tree. ■ Equipment Operation: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. ■ Existing Surfaces: The existing ground surface within the drip -line of all oak trees shall not be cut, filled, compacted, or pared. ■ Construction Materials and Waste: No liquid or solid construction waste shall be dumped on the ground within the drip -line of any oak tree. ■ Arborist Monitoring: An arborist shall be present for road and house grading, septic line/water trenching, and pre -construction fence placement. The monitoring does not necessarily have to be continuous but observational at times during the above activities. ■ Pre -Construction Meeting: An on-site pre -construction meeting with ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Mitigation Monitoring Program Timing Responsibili Mitigation ty Measure TPM 2005-0072 (AT 05-0142) PM: Parcel Map GP: Grading Prmt /Monitoring BP: Building Prmt TO: Temporary PS: Planning Services 5155 Escarpa Ave. Occupancy BS: Building Services FD: Fire Department F0: Final Occupancy PD: Police PI: Public Improvements Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadeno Mutual Water Company the Arborist(s), Owner, Planning Staff, and the earthy moving team shall be required for this project. Prior to final occupancy, a letter from the arborist(s) shall be required verifying the health/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall verify that the arborist(s) were on site for all grading and/or trenching activity that encroached into the drip line of the native trees, and that all work done in these areas was completed to the standards set forth above. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction - related tree protection measures are no longer required for tree protection. Mitigation Measure 4.e.4: All future development shall be located within the GP/BP BS/PS 4.e.4 approved building envelope as shown on the approved Tentative Map. A separate sheet shall be recorded with the final map delineating the extent of the buildable area. Any development proposed outside of the approved building envelope will require a Precise Plan application be submitted prior to the issuance of any building permit. Mitigation Measure 4.e.5: A no-build/tree conservation easement will be GP/BP BS/PS 4.e.5 recorded on the face of the map. CC&R's or similar shall be recorded describing allowable and prohibited areas within these areas and shall describe maintenance responsibilities for each owner. Mitigation Measure 6.b.1: All disturbed areas shall be hydro seeded with a GP/BP BS/PS 6.b.1 native seed mix. Erosion control measures shall include an erosion control blanket for all 2:1 fill slopes. Affected areas that previously contained native shrubs and vegetation shall be replanted with similar plant species per an approved landscape plan. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked out on to Escarpa Ave., Pinal Ave., and/or the private access drive by construction vehicles. Mitigation Measure 6.c.d.1: A soils report shall be required to be submitted GP/BP BS/PS 6.c.d.1 with a future building permit. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. The property contains no unusual geological formations. Mitigation Measure 6.e.1: Percolation tests shall be required with the GP/BP BS/PS 6.e.1 submittal of any building permits for construction of a residence on Parcels 2 and 3. The proposed waste disposal system shall be reviewed and approved by the City engineer prior to the issuance of any building permit. Mitigation Measure 11.d.1: All construction activities shall comply with the GP/BP BS/PS/FD 11.d.1 City of Atascadero Noise Ordinance for hours of operation. ITEM NUMBER DATE: 5-2-06 Conditions of Approval / Mitigation Monitoring Program Timing Responsibili Mitigation ty Measure TPM 2005-0072 (AT 05-0142) PM: Parcel Map /Monitoring GP: Grading Prmt BP: Building Prmt PS: Planning Services TO: Temporary BS: Building Services 5155 Escarpa Ave. Occupancy FD: Fire Department F0: Final Occupancy PD: Police PI: Public Department Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadeno Mutual Water Company ITEM NUMBER: 5 DATE: 5-2-06 EXHIBIT C: Tentative Parcel Map (AT 05-0142) TPM 2005-0072 ITEM NUMBER: 5 DATE: 5-2-06 EXHIBIT D: Conceptual Grading and Drainage Plan TPM 2005-0072 i b �� rl 1 ~�! i I Irr �I i. e��e• pt. {il Ln 1p 11 It 00 � v r r � II 1N3WdOl3A30 "Nmmoo ITEM NUMBER: 5 DATE: 5-2-06 EXHIBIT E: Tree Protection Plan TPM 2005-0072 ir� Cry r -1W its� 11 111P 111U ..:, �� �IIIIII�IIIIIICIII� ����IONNNN: l:ml �II!111111JSH I6IlIl 2-30111111111:11111 9�9�3oil 3� .0 2,3111 � ��III10111111111101111 „ • , . � ]I NN 9�iI,CI� ,1111 =� :Z,,,,�a�� IIA �'�'JC»'I»77303�373G�: ITEM NUMBER: 6 DATE: 5-2-06 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, with Driveway Option 2 and approving the removal of five native oak trees subject to mitigation, based on findings and subject to conditions. REPORT -IN -BRIEF: This item was continued from the February 21, 2006 Planning Commission meeting with direction to the applicant and staff to work on an alternative driveway design that would reduce impacts to native trees and to explore a conceptual "cluster" design alternative. The applicant is proposing two driveway designs for review by the Commission and has submitted a cluster concept. The applicant is not requesting a cluster development, but continues to request a subdivision of one existing lot of record into three (3) -lots, with parcel sizes 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 ITEM NUMBER: 6 DATE: 5-2-06 3. Project Address: 9075 San Diego Road, Atascadero, CA 93422 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: Mitigated Negative Declaration 2006- 0009 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 surrounding parcels are generally developed with single-family residences on 2.5 to ten acre lots. ITEM NUMBER: 6 DATE: 5-2-06 Minimum Lot Sizes: 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. Native Trees: The original tree removal report has been included in the Commission's packets for review, along with an updated tree protection plan and tree removal request. The mitigation and protection measures in the original report remain the same, however the actual request for removal has been revised and now only involves five trees. The applicants originally requested the removal of 11 native trees for driveway construction. That number has been reduced to 5, based on the proposed revised driveway locations as shown in Figure 1 below. The trees proposed for removal, for the driveway construction, are shown in Figure 2 below. The individual building envelopes and driveways have been sited so additional tree removal will not be required, although there are potential impacts to the drip lines. Conditions of approval 8, 9, and 10 require adherence to the arborist's recommendations and weekly status reports during project development. OPTIONI OGTOOK N I LOS AT IKEG TIE EJt4iK1 ROAD PLACEMENT OPTIONS -- -' �� ROAD ALONO ." TKE t TO A000IFODAtE 9075 SAN DIEGO ROAD °°"" _ EMRAMOE °° °"' `°°' "' LLL Ir - - TO Fl10RERTY ANO FOLLCN I omTND Row TO OOI�LE% 1 B1v1 IE . 11 SWAIL AMD TLARGE 0.11[ TREE CIOWO L• TIE NACL ALOfA. oo �__`` J J Roadway Option 1 Roadway Option 2 OOFKAL4ION --- ARTTFA SToT TIE TWO ROAD u•'.— - W ,L ASM MLIM q NOOEL WE FEEL THAT ROAD OPTION 7 4TE BEST SOLUTION FORM PROPERTY. Bym G TE EXISTNO Rp1D ro BYPA$$ TIE 6 ALE ANO URGE oAA IKl WE GREATI.r LESSEN TM —1 ON TIE PROPERTY AND TREES OREATNG A NORAAM SOLUTION TNT ADDRESSES evERY0AE8 CONoEr ra��.;�ic waw cBLHEL — �_ • Figure 1 — Road Placement - -- ITEM NUMBER: 6 DATE: 5-2-06 9075 SAN DIEGO ROAD TREES PETIONED TO BE REMOVED 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. 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 is required to be 24 -feet wide with 20 -feet of paving and 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. ITEM NUMBER: 6 DATE: 5-2-06 Staff is recommending the Planning Commission approve Road Option 2 as shown in Figure 1 above. This option makes greater use of the existing roadway serving the property and allows for avoidance of Tree No. 5, a 3 -trunk, Coastal Live Oak with a DBH of 58 inches. The resulting lots will all take access from the flag and there will be one curb cut onto San Diego Road. The project has been conditioned to provide road frontage improvements on San Diego Road, consistent with the Zoning Ordinance. (Condition 30). The configuration of the flag will result in a "split" design for proposed parcel 3, which will own the property on both sides of the flag. However, this is only for a relatively short distance, near the San Rafael frontage. Findings and conditions pertinent to flag lot design have been included in the attached draft resolution. Cluster Design: Per the Planning Commission's direction at the February 21, 2006 meeting, the applicant has submitted a conceptual "cluster" division, as shown in Figure 3 below. ITEM NUMBER: 6 DATE: 5-2-06 The proposed cluster configuration would result in approximately three, one -acre lots and five acres of open space. The lots must maintain a one -acre (gross) size in order to accommodate septic systems. While this option would result in a large area of open space, it would require the processing of a Planned Development application. Environmental Review: A proposed mitigated negative declaration has been prepared for this subdivision in accordance with the California Environmental Quality Act. Staff is recommending that the Commission adopt the mitigated negative declaration 2006- 0009. Conclusion: 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 with Road Option 2, adopt the mitigated negative declaration and approve the removal of five native trees consistent with the revised tree protection plan prepared by A&T Arborists, received by the Community Development Department on April 19, 2006. 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 adopt the mitigated negative declaration and approve the subdivision and tree removals 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 project 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: ITEM NUMBER: DATE: 5-2-06 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: 5-2-06 ATTACHMENT 1: Location Map (General Plan and Zoning) TPM 2005-0075 9075 San Diego Road ITEM NUMBER: DATE: 5-2-06 ATTACHMENT 2: Aerial View from GIS TPM 2005-0075 (AT 05-0292) 9075 San Diego Road ITEM NUMBER: DATE: 5-2-06 ATTACHMENT 3: Tree Protection Report and Removal Application TPM 2005-0075 (AT 05-0292) 9075 San Diego Road TRP 200 A69 il i CITY OF ATASCADERO TREE REMOVAL PERMIT SECTION 11.05 BS OWNER 1: HILAR PIUMFyl2i? CONTACT: ADDRESS: 71105' SAN RD. ADDRESS: kTA-_eAj299K6 CA ---- - PHONE #: 805'-qO2. -U5—Ie PHONE #: FAX #: i30S- ybl -BSNS FAX #: OWNER 2: HAMP S 19MAn1 ARBORIST: At i T AK6-Kim _ --- - .ADDRESS: 7930 SAM- Y56941.. ADDRESS: r0 fbA loll-- ATAS-AbFlc7Lam. -WMmftj' [.A i'HONEM tbS - f'Itol X301, PHONE#: V-joC-- `tom " A Q? - FAX #: FAX #: ARBORIST CERTIFICATION #: Wb OST! -A ARBORIST SIGNATURE:- Site Address:0 D. Site APN: Reason for Removal: rACCZL� MA fl jol 606DIV)S10 List all trees to be removed: SPECIES SIZE (dbh) NUMBER TO BE CONDITION OF TREE REMOVED 1. ii Tn6 3 fa : n 2. 3, Property owner certifies that they have read and understood Atascadero Municipal Code Secdon 9-11.105. "free removal is not to facilitate future development. A plot plan shall be included showing all proposed improvements on the property, trees to he removed, and trees to remain. The trees shall correspond with the numbers above. 3- _ _ Signature of roper ner Date Signature of Property Owner Date RECEIVED Signature, City of Atascadero Date MAR 0 7 2006 Conununity Development Deportment 6907 El Camino Real, Atascadero, CA 93422 jWMVML30Q5VhQPh M17 12 ITEM NUMBER: 6 DATE: 5-2-06 ATTACHMENT 3 Cont'd: Tree Protection Report and Removal Application TPM 2005-0075 (AT 05-0292) 9075 San Diego Road TREE PR tfCTg115RtEAR9 ET fOR wry sAN dEco RP.V 1 TREE 2 TRE! IiRONtI 3 E 5 6 C T 10Wi 7 T 8 WT 9 10 11 PONT I 1 NEC VOX 2 b r --ETA— 5 .YAC RI 1 OROPOlAL RFORME 1 20% GCT F RPM YES CINi 2 roacx.avrn 2 VO 20 5 1 25% GCT FRPM YES 2 3 VOX 2 30 4 A 0% NONE NONE NO NONE wur 4 VO 17 5 A 5% G F NO NONE wraworAON ruq t�rrw 6 LOX3 58 5 1 10% G.C. F YES 2 .r�rrwwor.ov ruo arnw 6 VO 16 5 1 10% G.0 F YES 2 rt.N a.veR •Aw•uo crow 7 VO 20 5 1 40% GCT F RP M VES 2 8 VOX3 27 3 I 40% GCT F. RPM YES 2 9 VO 20 s 1 50% GC T_ FRPM YES2 10 VO 4 5 R 100% G NO 11 VO % 3 11 5 R 100% G NO a DE APV 12 VO X 2 9 5 R 100% G NO d rra Ao.R 13 LOX2 35 6 1 10% GCT F YES 2 14 VO 14 5 1 50% G,C.T F. RP M YES 2 rrt AON) 16 VO 15 5 1 35% GCT F. RP M YES 2 18 VO 28 3 1 35% GT,C F RP M YES 2 uMru .adAwo 17 LO 50 2 1 35% GJC F. RP M YES 2 18 VO 6 3 R 100% G NO 19 VO 21 A 1 50% G.0 T I F RP M YES 2 20 VO 14 A R 100% G NO i T8€E RROTECTIpV 6�A0 WEFT EPR A+n usA aA,TFPRR 1,vucAHw1T wN dEna Awn PF TREE gN7TECT SMEAR SHE£/ RECEIVED oana;can EorAxn Rw.. i -- omo mmo omo��� omm���� ATTACHMENT 4: Minimum Lot Size Calculations TPM 2005-0075 (AT 05-0292) 9075 San Diego Road ITEM NUMBER: 6 DATE: 5-2-06 Minimum Lot Size Criteria For the Residential Suburban Zone Address Minimum Lot Size Criteria For the Residential Suburban Zone Lot Si7c Factors Address 9015 San Di Road Lot Site AP\ 045-4145 Micah Mumford 71M545 .... -.. + v_. Lox Sue 3.356 acres (Proposed Parcel I i 14-16,000 -.50,16-18,000 -.60, Lot Site Faclots Coataet h1iah Mumford 710.8545 15.20.0;0• ooaauia > 20,000 .90 a 169 Q,9 1i-16,000 = 50,1618,OW - .(0. <20MMA _ [h,timlmmenlrrof IS20,00�.i5. 5rprir%I Mt115IPA 459remad,-100 l onmtnilc > 20,000 -.90 14.769 0.5 40.59 0.75 <?a tree MI. - Average Slope 21.25'. • L0. 2b?Ote 125, 2a39 n*Wh- 75 0.5 Asmte.%pe 31 -3c°: -I'S, %W' -no Stock SWWM (Pal 459 cm inch -100 road lar than 15%-.40 Paved m 0-1 rW 6Adw I!%=.w Pnvd rate) 0),m twb: I SO 35 0.75 nada lees do 15%• 'S AO aradn we tam 15%• 1.00 :1.15'e =10.2621ro -125, L'mmPrmxd kss dw 13%t 1.14 AsmgeSYpe 343S:r-1'S.?b-10'; ?.00 5.0096 OS D.4 t -AU rDCd w1 tss lhm 155..40 Pamd 1 s r*LmSia k1tW readhmatlun6S=-;4) AD 241 0.48 mda less dun I5%- 'S AD cater we thm 151. -1.00 Unnaporcd ku da I51: • 125 latssCooditica L'mvtmcdmmct 15%-15 Ctyacc" 04 0.4 tol sues.itW 1500' 117 Utraet I.at S@e Nlllin 1.5001tnIwo) 2.41 0,4 . mtm9m LotSiie= ITEM NUMBER: 6 DATE: 5-2-06 Minimum Lot Size Criteria For the Residential Suburban Zone Address 9075 San Diep Road Lot Si7c Factors 4P1 045441-M Lot Site 2.7573=1lumf2i Contact Micah Mumford 71M545 .... -.. + v_. 14-16,000 -.50,16-18,000 -.60, Diwacelro (miff or 15.20.0;0• ooaauia > 20,000 .90 a 169 Q,9 <20MMA _ 10-39 ne mcM 7S 5rprir%I Mt115IPA 459remad,-100 ntel 1>60misch 15020.39 40.59 0.75 11•. ,•. , Average Slope 21.25'. • L0. 2b?Ote 125, 9% 0.5 Asmte.%pe 31 -3c°: -I'S, %W' -no 500% 0.; road lar than 15%-.40 Paved m 0-1 rW 6Adw I!%=.w Pnvd read moa this lir. -50 AD nada lees do 15%• 'S AO aradn we tam 15%• 1.00 L'mmPrmxd kss dw 13%t 1.14 AmCondit a LtmpvmedmaeAmiS;=IS CYC 0.4 117 D.4 lwfm% WIA' 1 s r*LmSia k1tW 1500 Fen (sact) 241 0.48 nrunnum La Size Minimum Lot Size Criteria For the Residential Suburban Zone Address 9075 San Diego Road Lot Si7c Factors AFN 045.441-005 Lot Size 2.825 acres (Proposed Parcel 31 COOlact Micah.Mtaorord.71:0•.8545 &-I Uuuu 10-12,000 -0,12.14,000• .40, 14-16,000 -.50,16-18,000 -.60, Divance rrom Craterof 1840.000-.75, oomaalty >20,000-.90 14,769 0 <20 MMIWcb=.50 20-39 mmrmch-.75 Septic SaitaWty (put 40.59 mmrmclr 1.00 raft) > 60 niWiach=1.50 40.59 1 21.25%=1.0, 2630%=1.25, Average Slope 31.35%-1.75, 3640%-2.00 9% 0.5 Lily accep a road lar than 15%-.40 Paved road mom than 15%=.50 All wadter lem thea 15%=.75 Au washer mmt than 15%-1.00 Unimproved lea than IS% -1.25 Access CorAden Unmgroved more than 15%-1.5 City accepted 0.4 117 0.4 In sizes critwo 1509' Avuatt Lae Sfae 9Plttio 1500 Feet (acres) 2.41 OAS Lot Sbe3 j.88Z ITEM NUMBER: 6 DATE: 5-2-06 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 CERTIFYING MITIGATED NEGATIVE DECLARATION 2006-0009 AND 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, an Initial Study and Draft Mitigated Negative Declaration 2006-0009 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission 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 and continued the project to a date uncertain and directed the applicant work on an alternative driveway design that would lessen the impact to native trees and design a conceptual cluster subdivision; and, WHEREAS, the applicant has provided two driveway alternatives for the Planning Commission's review and a conceptual cluster subdivision; and ITEM NUMBER: 6 DATE: 5-2-06 WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Tentative Parcel Map application on May 2, 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. Certification of MitiEated Negative Declaration. The Planning Commission finds as follows: 1. The Negative Declaration has been completed in compliance with requirements of the California Environmental Quality Act; and, 2. The project does not have the potential to degrade the environment; and 3. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, 4. The project does not have impacts which are individually limited, but cumulatively considerable; and, 5. The project will not cause substantial adverse effects on human beings either directly or indirectly. SECTION 2. 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. 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 3. 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. ITEM NUMBER: 6 DATE: 5-2-06 2. The flag lot is justified by topographical conditions. SECTION 4. 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 5. Approval. The Planning Commission does hereby certify Mitigated Negative Declaration 2006-0009 and 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 5 native trees subject to the following Conditions and Exhibits: EXHIBIT A: Mitigated Negative Declaration 2006-0009 EXHIBIT B. Conditions of Approval EXHIBIT C: Tentative Parcel Map 2005-0075 EXHIBIT D: 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: ABSTAINED: CITY OF ATASCADERO, CA ITEM NUMBER: DATE: 5-2-06 Ellen Beraud Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary ITEM NUMBER: DATE: 5-2-06 EXHIBIT A: Mitigated Negative Declaration 2006-0009 Draft Resolution 2006-0019 TPM 2005-0075 (AT 05-0292) ITEM NUMBER: DATE: 5-2-06 EXHIBIT B: Conditions of Approval Draft Resolution PC 2005-0019 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: 5-2-06 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. During construction of the driveways and structures, all utilities GP/BP PS/BS shall be located within roadways and driveways and outside the driplines of native trees. All septic lines to leachfields shall be located outside driplines of native trees. 9. The arborist's recommendations for driveway construction shall GP/BP PS/BS be followed and verified by a letter from the Arborist prior to final. 10. The Arborist shall provide weekly monitoring reports to GP/BP PS/BS Community Development staff during construction of the driveway, installation of utilities and construction of the buildings through completion of the project. 11. All tree mitigation fees shall be paid prior to issuance of public FM PS improvement permits or prior to recordation of the final map. Mitigation Measures Mitigation Measure 1.d.1: Proposed future exterior lighting shall be BP PS/BS designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any proposed luminaire pole height shall not exceed 16 -feet in height, shall limit intensity to 2.0 foot candles at ingress/egress points, and shall be limited to 0.6 foot candle minimum to 1.0 maximum within the street. Fixtures shall be shield cut-off type, subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to comply with BP PS all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment 0 Maintain all construction equipment in proper tune according to ITEM NUMBER: DATE: 5-2-06 Conditions of Approval Program TPM 2005-0075 (AT 05-0292) 9075 San Diego Road Timing FM: Final Map GP: Grading Prmt BP: Building Prmt TO: Temporary Occupancy F0: Final Occupancy PI: Public Improvements Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). • Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. • Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: • Reduce the amount of the disturbed area where possible. • Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. • All dirt stockpile areas should be sprayed daily as needed. • Permanent dust control measure • s identified in the approved project re -vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. • Exposed ground areas that are plann4ed to be reworked at dates greater than one month after initial grading should be sown with a fast -germinating native grass seed and watered until vegetation is established. ITEM NUMBER: DATE: 5-2-06 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 • All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. • All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. • Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. • All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. • Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. • The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for finish grading of any structure. Mitigation Measure 3.b.2: Prior to any grading activities at the site, the project BP PS proponent shall ensure that a geologic evaluation is conducted to determine if NOA is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the District (see Attachment 1). If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. Mitigation Measure 3.b.3: Prior to any removal or relocation or utility pipelines BP PS AND/OR demolition of any buildings, the applicant shall demonstrate that APCD has been contacted and all regulatory urisdictions' requirements have been met. Mitigation Measure 3.b.3: The applicant shall comply with all rules, regulations BP PS and application procedures for any proposed burning of vegetative material on the project site. Mitigation Measure 4.e.1: The building permit site plans shall identify all BP PS protection and enhancement measures recommended by the Certified Arborist in a Tree Protection Plan. Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. ITEM NUMBER: DATE: 5-2-06 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 Mitigation Measure 4.e.2: The Grading Plan shall identify tree protection BP PS fencing around the drip line of each existing on-site tree and/or native shrub mass within 20 feet of construction activity. Grading shall be limited to areas within the approved building envelope. Mitigation Measure 4.e.3: Grading and excavation and grading work shall BP PS be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: • All existing trees outside of the limits of work shall remain. • Earthwork shall not exceed the limits of the project area. • Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. • Vehicles and stockpiled material shall be stored outside the drip line of all trees. • All trees within the area of work shall be fenced for protection with 4 - foot chain link, snow, or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. • Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 4.e.4: Prior to and during project implementation and BP PS building permit issuance, all precautions stated in the arborist report for TPM 2005-0075 for working around native trees shall be adered to. Only native trees addressed in the current arborist report may be removed. Additional tree removals will require additional tree removal permits, and planning commission hearings, as necessary. Reports for any future removals shall provide recommendations for tree pruning, tree protection of existing native trees to remain, and identify native tree impact/replacement mitigation per the Atascadero Municipal Code Section 9-11.105. Mitigation Measure 4.e.5: The developer shall contract with a certified BP PS arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining an arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planningstaff ITEM NUMBER: DATE: 5-2-06 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 prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing shall be installed for inspection during the meeting. (c) Upon project completion and prior to final occupancy, a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 5.d.1: Should any cultural resources be unearthed BP PS during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. Mitigation Measure 5.d.2: In the event of the accidental discovery or BP PS recognition of any human remains, the following steps shall be taken: ■ There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of the county in which the remains are discovered has been contacted to determine that no investigation of the cause of death is required, and to determine if the remains are of Native American heritage. If the remains are of Native American Heritage, the coroner shall contact the Native American Heritage Commission within 24 hours. Mitigation Measure 6.b.1: All disturbed areas shall be hydroseeded with BP PS a native seed mix. Erosion control measures shall include an erosion control blanket for all 2:1 fill slopes. Affected areas that previously contained native shrubs and vegetation shall be replanted with similar plant species. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked out on to public streets by construction vehicles. Mitigation Measure 6.b.2: All grading work shall be limited to areas inside BP PS building envelopes approved with the final map. ITEM NUMBER: DATE: 5-2-06 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 Mitigation Measure 6.c.d.1: A soils report shall be required to be BP PS submitted with any future building permits submittals. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. The property contains no unusual geological formations. Mitigation Measure 6.e.1: Percolation tests are required in the City of BP PS Atascadero before building permits for residences can be issued. Mitigation Measure 11.d.1: All future construction activities shall comply BP PS with the City of Atascadero Noise Ordinance for hours of operation. Engineering Standard Conditions 12. 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. 13. 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. 14. The Subdivision Improvement Agreement shall record FM CE concurrently with the Final Map. 15. A six (6) foot Public Utility Easement (PUE) shall be provided FM CE contiguous to the property frontage. 16. 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. 17. 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. 18. A preliminary subdivision guarantee shall be submitted for review FM CE in conjunction with the processing of the final parcel map. ITEM NUMBER: DATE: 5-2-06 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 19. 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. 20. Prior to recording the final map, the applicant shall pay all FM CE outstanding plan check/inspection fees. 21. Prior to recording the final map, the applicant shall bond for or FM CE complete all improvements required by these conditions of approval. 22. 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. 23. 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. 24. 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. 25. 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. 26. All public improvements shall be constructed in conformance with FM CE the City of Atascadero Engineering Department Standard ITEM NUMBER: DATE: 5-2-06 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 Specifications and Drawings or as directed by the City Engineer. 27. The applicant shall be responsible for the relocation and/or FM CE alteration of existing utilities. 28. 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 29. 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. 30. 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. 31. The applicant shall monument all property corners for FM CE construction control and shall promptly replace them if disturbed. Engineering Project Specific Conditions 32. The applicant shall dedicate right of way along the San Diego FM BS Road frontage consistent with City standard 403 B. 33. 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. 34. 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. 35. 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 36. Each lot shall have yards as required by the zoning regulations, FM CE including a ten (10) foot setback along any access way (flag portion). ITEM NUMBER: DATE: 5-2-06 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 37. 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: 38. All roads, access ways and driveways shall be built to Fire GP FD/PS/BS Department standards, including turnouts and/or turnarounds, as required. 39. 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: 40. 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. 41. 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. 42. 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. 43. Separate water meters for domestic water service are required GP/BP AMWC for each individual lot created by the subdivision. ITEM NUMBER: DATE: 5-2-06 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 44. 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. ITEM NUMBER: 6 DATE: 5-2-06 EXHIBIT C: Tentative Parcel Map Resolution PC 2005-0019 TPM 2005-0075 (AT 05-0292) with Road Options z LL7 0 T��fi��`gcY]�`C a=€QqiZaaQu"'Wii MSJ�2aQ mF�-w�.¢ G `"IY���`' �N••"' .�' 1l11't1`.`` ��R I�`AvM— —OJ710Ntl_5— 0 9jrw=w(2�gQ3w�ywLiywy¢y¢��~Uopp� Qh oh�`gCj�NwN QQ 00 y 03 `I yy 5 _ FZp UZ NdwNa YOWW 'IiY Q ZVapa(¢7a0Q g0� 0 80Q�FIi J( 6 Q 88.009 KN0 w00(`1� O�¢O. 3 �F C �r�am33�u�w W ZJ S m OWO�0 ZZ u¢ w O ¢FE V 04aQ� O'y2a y!I .4 k 9@( 2 yu ���uu rgg¢�xw¢¢ o a $rz0. Ow 4k'. a�'� aJ aSFLL¢(3F3w 2 ri wwmaa ` y�+1:0 n1� kGIB Qp€@p 2ji; 4 5� Pi eL•R�y'4 t J, U e `lB�� Z•� � Y } �` — ___-tea k 5• �T O o �0. LL.- SIF i'l..✓' ,` �,I/I . w''1-' � � - Z i I Y 1 ti Y L z 1�6 W Z Y ` rd Y6i �^ Q V! J o� Y Y i y Y. 1L qk1 0 O ' 6 � ^��i /• �Y Si 99999 y . b f N �� R k� 1 }' � � •�li 1 � keG wsa .xcn+ � i h` S cr svd £S li � y EXHIBIT D: Native Tree Removal Mitigation Fees Resolution PC 2005-0019 TPM 2005-0075 (AT 05-0292) Date: April 21, 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: 0 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: $ 483.33 ITEM NUMBER: 6 DATE: 5-2-06 Prepared by: KMargason Permit #: TPM 2005-0075 Telephone: 710-8545 Telephone: Same Arborist review required? yes number less than 24' DBH: 5 yes in process Deciduous Native Trees (inches) Total 44 -inches Tree Fund Payment: $ 733.33 Totals 102 -inches $ 1,216.67 T:\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0075 San Diego Road\TPM 2005-0075 05-02-06 PC Staff Report.km.doc dbh notes 1 4 -inches VO (Tree 10) 2 11 -inches VO (Tree 11) 3 9 -inches VO (Tree 12) 4 6 -inches VO (Tree 18) 5 14 -inches VO (Tree 20) 6 7 8 9 10 Total 44 -inches Tree Fund Payment: $ 733.33 Totals 102 -inches $ 1,216.67 T:\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0075 San Diego Road\TPM 2005-0075 05-02-06 PC Staff Report.km.doc ITEM NUMBER: 7 DATE: 5-2-06 Atascadero Planning Commission Community Development Department — Staff report Tentative Tract Map 2005-0077 / CUP 2006-0181 8350 Santa Ynez Avenue (Norton) SUBJECT: The project consists of a proposed condominium map to create four (4) airspace units on one common lot. The site contains one existing house which is proposed to remain. The project also consists of a request to encroach within the 35 -foot creek setback. RECOMMENDATION: Planning Commission adopt Resolution PC 2006-0039 certifying the Proposed Mitigated Negative Declaration and approving Conditional Use Permit 2006-0181, to allow encroachment into the creek setback, based on findings and subject to conditions. Planning Commission adopt Resolution PC 2006-0040 approving Tentative Tract Map 2005-0077, to establish four airspace condominium units on one common lot, based on findings and subject to conditions. SITUATION AND FACTS: 1. Applicant/Owner: Paul Norton, PO Box 1107, Atascadero, Ca 93423 2. Project Address: 8350 Santa Ynez Avenue, Atascadero, CA 93422 APN: 031-222-010 3. General Plan Designation: Medium Density Residential 4. Zoning District: 5. Site Area: 6. Existing Use: 7. Environmental Status DISCUSSION: Residential Multi -family - 10 (Maximum 10 du/ac) 0.417 acre Single-family residence Proposed mitigated negative declaration 2006-0015 ITEM NUMBER: 7 DATE: 5-2-06 Background: The property is located on Santa Ynez Avenue adjacent to Atascadero Creek within the RMF -10 Zoning District. The proposed project includes a condominium map to establish four (4) airspace condominium units and a Conditional Use Permit to allow encroachment into the 35 -foot creek setback. City sewer serves the property, and water is available from the Atascadero Mutual Water Company. Analysis: The proposed map will create four (4) airspace units on one legal lot of record. The subdivision is consistent with the General Plan Medium Density Residential Land Use Designation and Residential Multi -family Zoning regulations. The site design meets all requirements of the Zoning Ordinance. The General Plan establishes a 35 -foot minimum setback from the Atascadero Creek Reservation. The General Plan allows for encroachment into this setback area provided the following findings can be made: ■ A soils survey finds the existing and future creek conditions and locations will not be detrimental to the project as proposed, and ■ A biologist survey finds encroachment into the required setback area will not negatively affect any established riparian habitat. The applicant has provided a soils report prepared by Buena Geotechnical Services and a biologist survey prepared by Sierra Delta Corporation. Both studies found that the proposed development will not negatively impact soil stability or riparian vegetation. The applicant will be required to provide tree protection and shall contract with a certified biologist to performing monitoring during construction adjacent to the creek reservation line. Tree Removal: The applicant is proposing to remove one native oak tree for the proposed development. The tree removal will be mitigated for as prescribed by the Atascadero Native Tree Ordinance as shown below: ITEM NUMBER: 7 DATE: 5-2-06 Evergreen Native Trees (inches) Deciduous Native Trees (inches) Totals dbh notes dbh notes 1 1 22 -inches WO 2 2 3 3 4 4 5 5 6 6 Total 0 -inches Mitigation Requirement req'd tree replacements: Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees (24") Total 22 -inches req'd tree replacements: Proposed Replanting 15 five gal trees 0 five gal trees 0 box trees (24") Remaining Mitigation 0 five gal trees Remaining Mitigation 15 five gal trees Tree Fund Payment: $ Tree Fund Payment: $ 733.33 Environmental Review: 22 -inches 15 five gal trees 0 five gal trees 0 box trees (24") 15 five gal trees $ 733.33 A Proposed Mitigated Negative Declaration was prepared for the project and was circulated from public review on April 13, 2006. Staff is recommending the Planning Commission certify the Proposed Mitigated Negative Declaration and find the project, as proposed, will have no negative impact with mitigation measures incorporated. CONCLUSION: The proposed condominium map, as conditioned and with mitigation measures incorporated, is consistent with the 2002 General Plan and Zoning Ordinance, and the airspace configurations are consistent with the requirements of the Subdivision Ordinance. Staff recommends the Planning Commission approve the Tentative Tract Map and Conditional Use Permit as conditioned. ALTERNATIVES: 1. The Commission may approve the map with modified project conditions. 2. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. 3. The Commission may deny the map if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. ITEM NUMBER DATE: 5-2-06 PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1 -- Location Map (General Plan & Zoning) Attachment 2 — Proposed Mitigated Negative Declaration and Initial Study Attachment 3 -- Draft Resolution PC 2006-0039 Attachment 4 — Draft resolution PC 2006-0040 ATTACHMENT 1: Location Map (General Plan / Zoning) TTM 2005-0077 8450 Santa Ynez Avenue ITEM NUMBER DATE: 5-2-06 2 ITEM NUMBER DATE: 5-2-06 ATTACHMENT 2: Proposed Mitigated Negative Declaration and Initial Study TTM 2005-0077/CUP 2006-0181 8450 Santa Ynez Avenue See Following ITEM NUMBER: 7 DATE: 5-2-06 ATTACHMENT 3: Draft Resolution PC 2006-0039 CUP 2006-0181 8350 Santa Ynez Avenue DRAFT RESOLUTION PC 2006-0039 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO CERTIFYING MITIGATED NEGATIVE DECLARATION 2006-0015 AND APPROVING CONDITIONAL USE PERMIT 2006-0181, ALLOWING ENCROACHMENT INTO THE 35 -FOOT CREEK SETBACK ON APN 031-222-010 (NORTON) WHEREAS, an application was received from Paul Norton, PO Box 1107, Atascadero, California 93423 (Owner/Applicant), to consider a Tentative Tract Map to establish four (4) airspace units on one common lot and a Conditional Use Permit to allow encroachment into the 35 -foot creek setback; and, WHEREAS, the site's current General Plan Designation is Medium Density Residential (HDR); and, WHEREAS, the site's current Zoning District is RMF -10 (Residential Multi -family — 10); and, WHEREAS, A Conditional Use Permit is required for development that encroaches into the 35 -foot creek setback area; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0015 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Tract Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Map; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on May 2, 2006, studied and considered Tentative Tract Map 2005-0077, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and ITEM NUMBER: 7 DATE: 5-2-06 NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 3. Encroachment into the required 35 -foot setback will not be detrimental to the adjacent riparian corridor nor will the proposed structures be negatively affected by the current and/or future creek conditions based on the provided biologist survey. SECTION 2. Findings for Approval of Tree Removal. The Planning Commission finds as follows: 1. The trees are obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: ■ Early consultation with the City; ■ Consideration of practical design alternatives; ■ Provision of cost comparisons (from applicant) for practical design alternatives; ■ If saving tree eliminates all reasonable uses of the property; or ■ If saving the tree requires the removal of more desirable trees. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on May 2, 2006 resolved to approve Conditional Use Permit 2006- 0181 to the following: EXHIBIT A: Proposed Mitigated Negative Declaration EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan ITEM NUMBER: 7 DATE: 5-2-06 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: ( ) ABSTAINED: ( ) ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary ITEM NUMBER DATE: 5-2-06 EXHIBIT A: Proposed Mitigated Negative Declaration See Following ITEM NUMBER: 7 DATE: 5-2-06 ATTACHMENT 4: Draft Resolution PC 2006-0040 TTM 2005-0077 8350 Santa Ynez Avenue DRAFT RESOLUTION PC 2006-0040 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING TENTATIVE TRACT MAP 2005-0077, ESTABLISHING FOUR AIRSPACE UNITS ON ONE COMMON LOT AT 8350 SANTA YNEZ AVENUE APN 031-222-010 (NORTON) WHEREAS, an application was received from Paul Norton, PO Box 1107, Atascadero, California 93423 (Owner/Applicant), to consider a Tentative Tract Map to establish four (4) airspace units on one common lot and a Conditional Use Permit to allow encroachment into the 35 -foot creek setback; and, WHEREAS, the site's current General Plan Designation is Medium Density Residential (HDR); and, WHEREAS, the site's current zoning district is RMF -10 (Residential Multi -family — 10); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0015 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Tract Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Map; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on May 2, 2006, studied and considered Tentative Tract Map 2005-0077, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: ITEM NUMBER: 7 DATE: 5-2-06 SECTION 1. Findings for approval of Tentative Tract (Condominium) Map. The Planning Commission finds as follows: 1. The proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements; and, 2. The design and improvement of the proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements; and, 3. The site is physically suitable for the density of development proposed; and, 4. The design and improvement of the proposed map will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat; and, 5. The map is consistent with the character of the immediate neighborhood; and, 6. The design of the condominium map will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided; and, 7. The proposed condominium map design and type of improvements proposed will not cause serious public health problems. SECTION 2. Approval, The Planning Commission of the City of Atascadero, in a regular session assembled on May 2, 2006 resolved to approve Tentative Tract Map 2005-0077 to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Tentative Tract Map 2005-0077 ITEM NUMBER: 7 DATE: 5-2-06 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: ( ) ABSTAINED: ( ) ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary ITEM NUMBER DATE: 5-2-06 EXHIBIT A: Conditions of Approval / Mitigation Monitoring TTM 2005-0070 Conditions of Approval Timing Responsibility Mitigation TTM 2005-0077 /Monitoring Measure PS: Planning Services Address: 8350 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 Tract Map shall be valid for two FM PS years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the FM PS authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Tract Map. 4. A tract map drawn in substantial conformance with the FM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 5. The subdivider shall defend, indemnify, and hold harmless the ongoing CA City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the subdivision. 6. The parcel map shall be subject to additional fees for park or FM PS recreation purposes (QUIMBY Act) as required by City Ordinance. 7. Prior to final map, the applicant shall submit CC&Rs for review FM PS/PW and approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a. Exclusive use easements for private yard areas. b. Provisions for maintenance of all common areas including access, parking, street trees, fencing and ITEM NUMBER DATE: 5-2-06 Conditions Of Approval Timing Responsibility Mitigation TTM 2005-0077 /Monitoring Measure PS: Planning Services Address: 8350 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 landscaping. C. Provisions for financing maintenance and upkeep of all common areas. d. A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. e. Individual unit's responsibility for keeping all trash receptacles within the unit's garage. f. A provision requiring that individual garages be maintained for vehicle parking. g. A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. 8. Prior to recordation of the final map, the applicant shall submit FM PS/PW a condominium plan for recording concurrently with the final map. A qualified licensed professional shall prepare the final map and the condominium plan. 9. Prior to issuance of building permits and/or prior to recordation FM/BP PS of the final map, the applicant shall submit a fencing plan showing the location and design of all fencing. The final location of fencing shall be subject to the review and approval of planning staff. All fence locations shall be made a part of the recorded Condominium Plan. City Engineer Standard Conditions 10. 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. 11. In the event that the applicant is allowed to bond for the public FM PW improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 12. 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. ITEM NUMBER DATE: 5-2-06 Conditions Of Approval Timing Responsibility Mitigation TTM 2005-0077 /Monitoring Measure PS: Planning Services Address: 8350 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 13. The Subdivision Improvement Agreement shall record FM PW concurrently with the Final Map. 14. An encroachment permit shall be obtained prior to the BP PW issuance of building permit. 15. The applicant shall enter into a Plan Check/Inspection BP PW agreement with the City. 16. A six (6) foot Public Utility Easement (PUE) shall be provided FM PW contiguous to the Santa Ysabel Avenue property frontage. 17. The applicant shall be responsible for the relocation and/or BP PW alteration of existing utilities. 18. 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. 19. The applicant shall monument all property corners for FM PW construction control and shall promptly replace them if disturbed. 20. 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. 21. Slope easements shall be provided as needed to FM PW accommodate cut of fill slopes. 22. Drainage easements shall be provided as needed to FM PW accommodate both public and private drainage facilities. 23. A preliminary subdivision guarantee shall be submitted for FM PW review in conjunction with the processing of the parcel map. 24. All existing and proposed utility, pipeline, open space, or other FM PW easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 25. 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. 26. Prior to recording the parcel map, the applicant shall submit a FM PW map drawn in substantial conformance with the approved ITEM NUMBER DATE: 5-2-06 Conditions Of Approval Timing Responsibility Mitigation TTM 2005-0077 /Monitoring Measure PS: Planning Services Address: 8350 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 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. 27. 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. 28. Prior to recording the parcel map, the applicant shall pay all FM PW outstanding plan check/inspection fees. 29. Prior to recording the map, the applicant shall complete all FM PW improvements required by these conditions of approval. 30. 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. 31. 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. 32. 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. 33. 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. Mitigation Measures Mitigation Measure 3.b.1: Dust Control Measures BP Bs/Ps 3.b.1 The project as described in the referral will not likely exceed the APCD's CEQA significance threshold for construction phase emissions. However, construction activities can generate fugitive dust, which could be a nuisance to local residents and businesses in ITEM NUMBER DATE: 5-2-06 Conditions Of Approval Timing Responsibility Mitigation TTM 2005-0077 /Monitoring Measure PS: Planning Services Address: 8350 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 close proximity to the proposed construction site. Dust complaints could result in a violation of the District's 402 "Nuisance" Rule. APCD staff recommend the following measures be incorporated into the prosect to control dust: ■ Reduce the amount of the disturbed area where possible; ■ Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible; ■ All dirt stock -pile areas should be sprayed daily as needed; and ■ All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible, and building pads should be laid as soon as possible after grading unless seeding or soil binders are used. Mitigation Measure 4.b.c.1: The owner shall contract with a certified BP PS 4.e.1 biologist to monitor the excavation of the proposed development area adjacent to the creek reservation parcel. If at any time it is noted that potential impacts could occur, the owner will contact City staff for consultation on how to proceed. All native tree protection shall be as listed below. Mitigation Measure 4.e.f.1: The Grading Plan shall identify tree BP PS 4.e.2 protection fencing around the drip line of each existing on-site native tree and/or native shrub mass within 20 feet of construction activity. The plan shall also designate protective fencing along the rear property line at the edge of the creek reservation area during construction. Mitigation Measure 4.e.f.2: Grading and excavation and grading BP BS/PS 6.b work shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 5. All trees within the area of work shall be fenced for protection with 4 -foot chain link, snow, or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 4.e.f.3: The developer shall contract with a certified arborist during all phases of project implementation. The ITEM NUMBER DATE: 5-2-06 Conditions Of Approval TTM 2005-0077 Address: 8350 Santa Ynez Avenue Timing BL: Business License GP: Grading Permit BP: Building Permit Fl: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining an arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of 3/4 inch granite covered with one -inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one - foot by one -foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction - related tree protection measures are no longer required for tree protection. Mitigation Measure 11.d: All construction activities shall comply with BP BS/PS 11.d the City of Atascadero Noise Ordinance for hours of operation. EXHIBIT B: Tentative Tract Map TTM 2005-0077 y, T" 1 �df*f- mss► ^� ITEM NUMBER: 7 DATE: 5-2-06 i i� II So 1 1 }tI/R;et 1 1• ' I ytjtiq!i�►`?'' r •i ITEM NUMBER: 8 DATE: ns -n2 -ns Atascadero Planning Commission Staff Report - Community Development Department Linda Vista - Planned Development Overlay #28 ZCH 2006-0119 ZCH 2005-0103/CUP 2005-0167/TTM 2005-0074 (Gearhart) RECOMMENDATIONS: Staff Recommends Planning Commission: 1. Adopt Resolution PC 2006-0041 recommending the City Council certify Proposed Mitigated Negative Declaration 2006-0014; and, 2. Adopt Resolution PC 2006-0042 recommending the City Council introduce an ordinance for first reading by title only, to approve Zone Change 2006-0119 to establish a Planned Development Overlay Zone #28 based on findings; and, 3. Adopt Resolution PC 2006-0043 recommending the City Council introduce an ordinance for first reading by title only, to approve Zone Change 2005-0103 based on findings; and, 4. Adopt Resolution PC 2006-0044 recommending the City Council approve Conditional Use Permit 2005-0167 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 5. Adopt Resolution PC 2006-0045 recommending the City Council approve Vesting Tentative Tract Map 2005-0074 based on findings and subject to Conditions of Approval and Mitigation Monitoring. ITEM NUMBER: 8 DATE: ns -n2 -ns REPORT -IN -BRIEF: The proposed project consists of a Zone Text Change to establish a Planned Development #28 Overlay Zone, a Zone Map Amendment to establish a Planned Development #28 Overlay Zone on the subject site with a corresponding Master Plan of Development (CUP) and vesting Tentative Tract Map that would allow a 5 -unit clustered single-family residential planned development. The project site currently consists of five vacant single family lots. The applicant is proposing the planned development to cluster those five existing entitlements to minimize grading and tree impacts. DISCUSSION: Situation and Facts: 1. Applicant / Representative: Kelly Gearhart 6205 Alcantara Rd Atascadero, CA 93446 2. Project Address: Linda Vista (APN 031-121-001, 031-114-004, -005, 031-191- 005, -006) (San Luis Obispo County) 3. General Plan Designation: SFR -Y (Single -Family Residential) 4. Zoning District: RSF-Y (Residential Single-family - Y) 5. Site Area: 2.68 acres 6. Existing Use: 5 vacant parcels 7. Environmental Status: Proposed Mitigated Negative Declaration 2006-0014 ITEM NUMBER: 8 DATE: ns -n2 -ns Background Surroundina Land Use and Settin The project site is within the Single -Family Residential General Plan land use designation and is zoned Residential Single -Family -Y. The project site currently exists of five vacant single-family parcels with slopes in excess of 20%. The applicant is proposing to cluster the five single-family residences to avoid excessive tree removals and grading of the natural terrain. All units are proposed to share a common driveway and take access off Linda Vista. ANALYSIS: The Planned Development Overlay Zone #28 is based on the PD# 16 which was established to allow cluster developments where tree removals and grading would be substantially minimized by focusing development and reserving the remaining portion of ITEM NUMBER: 8 DATE: n5 -n2 -n6 the project area in open space. The project site does not meet specific criteria to fall under the PD #16 based on the slope of the five existing parcels, however, a cluster development meets the goals of reducing tree impacts and grading and does not increase the density of the site. The applicant is proposing to create a new PD overlay specific to this site to allow clustering of the five residences. The applicant has provided alternate site designs which analyze the potential impacts from developing each existing parcel individually. The proposed cluster development will minimize impacts to surrounding native trees on-site and will reduce grading. As a Planned Development, the Planning Commission must find the project provides high quality architectural, landscape, and site design to warrant the granting of special development standards. In addition, the Planning Commission must find the proposed project reduces the impacts to native trees and minimizes grading in order to grant the cluster development proposal. Appearance Review Site Plan, Circulation, and Parking The proposed project includes five detached single-family residences designed around a shared driveway. Each residence is three stories to minimize the area of disturbance and reduce the footprint of each unit. Based on the slope of the existing parcels, the units are designed to be sunken into the hillside. Each residence has three bedrooms and provides two parking spaces in the attached garage. The living area totals approximately 1300 square -feet with a 550 square foot garage. Multiple retaining walls are proposed to be incorporated into the project in order to meet required maximum driveway slopes, reduce grading impacts, and tree removals. Staff has conditioned the retaining walls be constructed of dark color split face block to blend with the natural hillsides. Staff has also conditioned the walls be terraced adjacent to the Linda Vista frontage to reduce the visual impacts and allow for additional landscaping. Landscaping The applicant has provided a landscape plan detailing the revegetation of all cut slopes. Staff has conditioned additional landscaping be required along all visible retaining walls and along the shared driveway. Staff has also conditioned the project to include limited use easements over the residential parcels to ensure native trees located on individual parcels will be maintained and retained and any future improvements to the properties do not negatively impact the existing native trees or create negative visual impacts to the surrounding neighborhood. ITEM NUMBER: 8 DATE: ns -n2 -ns Neighborhood Compatibility The proposed project is a request to cluster five single-family residences within a hillside neighborhood. The proposal would allow the residences to be constructed closer to each other than typical development patterns allow, in exchange for the retention of existing native oak trees and limitations on grading of the existing hillside. The Planning Commission must determine if the construction of homes in a clustered development pattern with the retention of existing trees and minimized disturbance of the natural hillside is keeping with the character of the existing neighborhood. The alternative to this proposal is for the applicant to retain the development potential of each lot individually. This existing scenario would require additional tree removals and grading on each existing lot. Public ImDrovements The applicant will be required to improve Linda Vista Ave to the Navarette Ave intersection. Improvements in excess of those along the property frontage are required based on Municipal Code Section 9-4.160 subsections (c) and (g), as follows: (c) Subdivisions. A new subdivision shall construct and provide for future maintenance of all interior subdivision roads. The project shall also provide well -paved City standard access roads from a collector or arterial to the subdivision and repair existing underpaved or poor condition interior or frontage roads. (g) Extent of Improvements. Street improvements, not including curb, gutter and sidewalk unless necessary for proper drainage control, may be required beyond the frontage of the property when traffic generated by the development of a site is determined to warrant such improvement in order to provide for adequate access and traffic safety. The existing road from Navarette to the property frontage is in poor condition and is not currently at a width to support two-way travel. Therefore, the City Engineer is requiring that this portion of the road be constructed to City standard in addition to requiring full frontage improvements along the property frontage. City sewer will be extended to the project from the existing sewer system on Navarette Ave. Native Tree Mitigation/Preservation A tree removal application for 24 native trees is included with the proposed development. One of the required findings for a cluster planned development is the proposal minimizes tree removals. Staff has analyzed the potential impacts for both the proposed development and the alternative site developments provided by the applicant. The removals for the proposed development are listed in the chart below. As shown, a total of 44"-dbh of Live Oak and ITEM NUMBER: 8 DATE: nr%_n9_na 240" dbh of Blue Oak will require removal with for the clustered development (284 total dbh inches). If the sites were to be developed individually, a total of 347" dbh of Live Oak and 541" dbh of Blue Oak would require removal (888 total dbh inches). Development of existing lots would require a three fold increase in tree removal by dbh. Evergreen Native Trees (inches) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Total dbh 20 -inches 7 -inches 17 -inches 44 -inches Mitigation Requirement req'd tree replacements Proposed Replanting notes 15 five gal trees 0 five gal trees 0 box trees (24") Deciduous Native Trees (inches) req'd tree replacements: Proposed Replanting 160 five gal trees 0 five gal trees 0 box trees (24") Remaining Mitigation 15 five gal trees Remaining Mitigation 160 five gal trees Tree Fund Payment: $ 366.67 Tree Fund Payment: $ 4,000.00 Totals 284 -inches 175 five gal trees 0 five gal trees 0 box trees (24") 175 five gal trees $ 4,366.67 Based on this analysis, the finding can be supported that the proposed development minimizes tree impacts and tree removals. A condition of approval has been included requiring the applicant pay mitigation fees into the Tree Replacement Fund or provide equivalent re -plantings on site, as required by the Atascadero Native Tree Ordinance, and as shown in the following chart (Condition CUP 21). dbh notes 1 13 -inches 2 11 -inches 3 12 -inches 4 6 -inches 5 11 -inches 6 10 -inches 7 11 -inches 8 14 -inches 9 11 -inches 10 23 -inches 11 8 -inches 12 10 -inches 13 12 -inches 14 14 -inches 15 3 -inches 16 4 -inches 17 9 -inches 18 14 -inches 19 16 -inches 20 18 -inches 21 10 -inches Total 240 -inches req'd tree replacements: Proposed Replanting 160 five gal trees 0 five gal trees 0 box trees (24") Remaining Mitigation 15 five gal trees Remaining Mitigation 160 five gal trees Tree Fund Payment: $ 366.67 Tree Fund Payment: $ 4,000.00 Totals 284 -inches 175 five gal trees 0 five gal trees 0 box trees (24") 175 five gal trees $ 4,366.67 Based on this analysis, the finding can be supported that the proposed development minimizes tree impacts and tree removals. A condition of approval has been included requiring the applicant pay mitigation fees into the Tree Replacement Fund or provide equivalent re -plantings on site, as required by the Atascadero Native Tree Ordinance, and as shown in the following chart (Condition CUP 21). ITEM NUMBER: 8 DATE: ns -n2 -ns Site Drainage The project will include an underground detention basin that will outflow at a restricted rate based on the pre -development two-year flow. The outfall will be directed to Linda Vista Avenue where the required street improvements will include gutter to carry the water to the intersection at Navarette. An existing storm -water inlet will collect the water at the intersection. Fiscal Impact Based on findings from the Taussig Study, revenue from new residential development including property tax revenues; vehicle licensing fees, sales taxes, and other revenues are insufficient to cover the maintenance and emergency services costs of new development. Based on the revenue projections from the Taussig Study, the City has developed standard conditions of approval for new development projects that require the cost of maintenance and emergency services to be funded by the project through a combination of road assessment districts, landscape and lighting districts, and community facilities districts (Conditions CUP 18 and 19/ TTM 7 and 8). Planned Development Overlay #28 The proposed project requires the establishment of a new site-specific Planned Development Overlay Zone to allow for the requested cluster development. Based on the General Plan requirements and proposed project description, staff has prepared the following standards for the proposed Planned Development Overlay Zone. Adoption of the Planned Development Overlay Zone text is required for the project to proceed. The Commission could make recommendations to the Council to modify the proposed Custom PD text. 9-3.673 Establishment of Planned Development Overlay Zone #28 This Planned Development Overlay Zone applies to APN 031-121-001, 031-114-004, -005, 031- 191-005, -006 in the Residential Single-family zone. The maximum residential density within the planned development shall not exceed the density allowed by the underlying zoning district and provisions of the Atascadero Municipal Code. The following development standards shall be met by the entitled project within the PD -28 overlay zone: a) All site development shall require the approval of a Master Plan of Development. All construction and development shall conform to the approved Master Plan of Development, as conditioned. b) The Tentative Tract Map and any subsequent amendments for the site shall be consistent with an approved Master Plan of Development. All construction and development shall conform to the approved Master Plan of Development, as conditioned. c) No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Master Plan of Development. ITEM NUMBER: 8 DATE: ns -n2 -ns d) Landscaping with native, drought tolerant vegetation will be required on all cut and/or fill slopes and shall be required as a screening device in front of all visible retaining walls. e) Retaining walls shall be constructed of dark color split face block. f) All utilities, including electric, telephone, and cable, within the PD and along the project frontages shall be installed and/or relocated underground. g) All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties. h) Trash shall be stored in individual garages. If the above text is established, the project, as conditioned, would be consistent with those standards. Based on the above language, the Planned Development Zoning District incorporates, by reference, the Master Plan of Development and Vesting Tentative Tract Map which documents the proposed architectural styles, site configuration, lot coverage, setbacks, landscaping, and project amenities for the project. Inclusionary and Workforce Housing The City Council has implemented an interim Inclusionary Affordable Housing Program to include a fixed percentage of units within residential developments that require a legislative approval to be reserved as deed restricted affordable units or an in -lieu fee be paid. A condition of approval has been added to ensure this requirement is met (Condition CUP 14, 15/TTM 13, 14). Project Benefits One of the required findings for approval of a planned development rezone is the project must "offer certain redeeming features to compensate for the requested modification." The table shown below outlines the Council policy on Planned Development benefits. In order to approve this project, the Planning Commission must find that the project offers all of the tier 1 benefits to qualify for a Planned Development project. PD Location Tier 1 Benefits Tier 2 Benefits Outside of Urban Core a) Natural Open Space Preservation a) Multi -Purpose Trails — Equestrian / Bicycle / Pedestrian Rural / Suburban Areas b) Recreational Areas / Facilities PD -16 Custom PD's c) Historic Preservation Tentative Tract Map A six -lot Vesting Tentative Tract Map (TTM 2005-0077) is proposed as part of the project consistent with the proposed Master Plan of Development and proposed PD -28 Overlay Zone. The project includes five residential parcels and one parcel owned by the ITEM NUMBER: 8 DATE: 05-02-06 Homeowners Association including a restricted use open space easement over the entirety of the parcel. The Tract Map has been conditioned by staff and the City Engineer to meet all City standards including on- and off-site street improvements. The applicant will be required to record CC&R's with the map that will include maintenance and access of common areas (Condition CUP 20/TTM 9). General Plan Consistency The proposed project is consistent with the following General Plan Land Use and Housing Element Policies: Land Use Policy 1.1.1: Atascadero should retain its overall character and rural atmosphere with the long-term protection of the environment as primary guiding criteria for public policy decisions. Land Use Policy 5: Preserve the contours of the hills. Buildings built on hillsides shall conform to the topography using the slope of the land as the basis for the design of the structure. Land Use Policy 5.3: Prevent unnecessarily intensive grading of development sites. Programs: - Limit grading to the minimum area necessary to accomplish site development. Land Use Policy 7: Tree -covered hills shall be preserved to retain the distinctive scenic quality of the community. Housing Element Policy 4.3: "Encourage attractive architecture and site landscaping that respect terrain and native trees". In staff's opinion the proposed project is consistent with the goals and policies of the Land Use Element and the Housing Element. The project will cluster five single-family residences and preserve the natural hillside in permanent open space. As conditioned, the project incorporates elements consisting with the scale and character of the surrounding residential neighborhood and the goals and policies of the General Plan. ITEM NUMBER: 8 DATE: ns -n2 -ns Findings Establishment of PD28 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. Planned Develoament Overl As specified in the City's General Plan and Zoning Ordinance, the following specific findings for the proposed Zone Change shall be made in order to approve the proposed project: 1. The proposed Zone Change is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. 2. The proposed Zone Change is compatible with existing development, neighborhoods and the environment. 3. The proposed Zone Change will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 4. The proposed Zone Change is consistent with the project -specific Mitigated Negative Declaration. Conditional Use Permit (Master Plan of Development) A Master Plan of Development is required for the Planned Development in the form of a Conditional Use Permit. The proposed Master Plan of Development sets development standards related to architectural design, site design, landscape, signage, and specific development standards required by the zoning ordinance. The Planning Commission must make the following five findings to recommend approval of the proposed Master Plan of Development: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The use is consistent with the General Commercial designation of the General Plan and General Plan Land Use Element Policy 1.1.1, 5, 5.3, 7, and Housing Element Policy 4.3. ITEM NUMBER: 8 DATE: W5412-06 2. The proposed project or use satisfies all applicable provisions of the title (Zoning Ordinance) including the Planned Development Ordinance. Staff Comment: As conditioned, the project satisfies all Conditional Use Permit and Planned Development zoning code provisions. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment: The proposed residential development will not be detrimental to the general public or working person's health, safety, or welfare. 4. 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 maintaining the natural hillsides and preserving existing native trees. The proposed architecture is consistent with a single-family neighborhood and is within the height limitations allowed by the Municipal Code. Thus, the mass, scale, and character of the project remains residential in nature. 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. 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. The applicant will be required to extend improvements beyond the property frontage to Navarette Ave to provide safe and adequate access to the project site. Tree Removals 1. The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: ■ Early consultation with the City; ■ Consideration of practical design alternatives; ITEM NUMBER: 8 DATE: W5412 -n6 ■ Provision of cost comparisons (from applicant) for practical design alternatives; ■ If saving tree eliminates all reasonable uses of the property; or ■ If saving the tree requires the removal of more desirable trees. Proposed Environmental Determination A Draft Mitigated Negative Declaration was circulated to public agencies and interested members of the public on April 11, 2006. The environmental analysis identified concerns regarding potential impacts to aesthetics, land use and planning, noise, biological resources, and traffic. Mitigation measures pertaining to these resources are included. A finding is proposed that this project would not have a significant effect on the environment based upon the implementation of the identified mitigation measures. Conclusion In staff's opinion, the proposed development is consistent with the General Plan and compatible with the surrounding neighborhood. The project incorporates appearance review of architectural design, materials, and landscaping, and incorporates architectural themes into the site and building design as conditioned. Native trees have been preserved and required conditions and mitigation measures have been appropriately incorporated into the project. As analyzed within the project Initial Study and Draft Mitigated Negative Declaration, the proposed Master Plan of Development would have no significant environmental impacts and will not be detrimental to the general public or working persons health, safety, or welfare. Based on staff's analysis in the preceding sections, it appears all of the required findings for project approval can be made. ALTERNATIVES 1. The Commission may recommend modifications to the project and/or conditions of approval for the project to the City council. 2. The Commission may determine more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may recommend the City Council deny the project. The five existing parcel would remain with a designation of Single -Family Residential. The Commission should specify the reasons for denial of the project and recommend an associated finding with such action. ITEM NUMBER DATE: 05-02-06 PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1: Location, General Plan, and Zoning Map Attachment 2: Proposed Mitigated Negative Declaration and Initial Study Attachment 3: Draft Resolution 2006-0041 Attachment 4: Draft Resolution 2006-0042 Attachment 5: Draft Resolution 2006-0043 Attachment 6: Draft Resolution 2006-0044 Attachment 7: Draft Resolution 2006-0045 ITEM NUMBER DATE: 05-02-06 Attachment 1: Location Map, General Plan and Zoning Existing General Plan Designation: SFR -Y Existing Zoning District: RSF-Y Proposed General Plan Designation: SFR -Y Proposed Zoning Designation: RSF-Y / PD 28 ITEM NUMBER DATE: 05-02-06 Attachment 2: Proposed Mitigated Negative Declaration and Initial Study See Following ITEM NUMBER DATE: 05-02-06 ATTACHMENT 3: Draft Resolution PC 2006-0041 Approval of Draft Mitigated Negative Declaration DRAFT RESOLUTION PC 2006-0041 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL CERTIFY PROPOSED MITIGATED NEGATIVE DECLARATION 2006-0014 PREPARED FOR ZONE CHANGE 2005-0103, TENTATIVE TRACT MAP 2005-0074 AND CONDITIONAL USE PERMIT 2005-0167 ON APN 031-121-0019 031-114-0049 -0059 031-191-0059 -006 (Gearhart) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Ave, Atascadero, Ca 93422) Applicant and Property Owner, to consider a project consisting of a Zone Change from RSF-Y (Residential Single -family -Y) to RSF-Y/PD28 (Residential Single -Family - Y with a Planned Development Overlay 28) with corresponding Master Plan of Development and Vesting Tentative Tract Map on a 2.68 -acre site (APN 031-121-001, 031-114-004, -005, 031-191-005, -006); and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2006-0014 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on May 2, 2006 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, WHEREAS, the Planning Commission has determined that the project will have no significant impacts with project specific mitigation measures incorporated; and, NOW THEREFORE, the Planning Commission of the City of Atascadero, hereby resolves to recommend that the City Council certify Proposed Mitigated Negative Declaration 2006-0014 based on the following Findings, and as shown in Exhibit A: 1. The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, 2. The Proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, ITEM NUMBER: 8 DATE: nr%-ng-na 3. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project; and, 4. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, 5. The project does not have impacts which are individually limited, but cumulatively considerable; and, 6. The project will not cause substantial adverse effects on human beings either directly or indirectly; and, BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. 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: 05-02-06 Exhibit A Proposed Mitigated Negative Declaration 2006-0014 See Following ITEM NUMBER DATE: 05-02-06 ATTACHMENT 4: Draft Resolution PC 2006-0042 DRAFT RESOLUTION PC 2006-0042 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND THE ATASCADERO MUNICIPAL CODE BY APPROVING ZONE CHANGE 2006-0119 TO ESTABLISH A PLANNED DEVELOPMENT OVERLAY #28 (Gearhart — Linda Vista Cluster Development) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Ave, Atascadero, Ca 93422) Applicant and Property Owner, to consider a project consisting of a Zone Change from RSF-Y (Residential Single -family -Y) to RSF-Y/PD28 (Residential Single -Family - Y with a Planned Development Overlay 28) with corresponding Master Plan of Development and Vesting Tentative Tract Map on a 2.68 -acre site (APN 031-121-001, 031-114-004, -005, 031-191-005, -006); and, WHEREAS, Article 28 of the Atascadero Municipal Code allows for the creation of Planned Development Overlay Zones to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0014 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Code Text to protect the health, safety, and welfare of its citizens by applying orderly development and expanding housing opportunities within the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said zoning text amendments; and, ITEM NUMBER: DATE: 05-02-06 WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on May 2, 2006 studied and considered Zone Change 2006-0119, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of a Zone Text Chante Creating a PD -28 Planned Development Overlay District. The Planning Commission finds as follows: Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on May 2, 2006 resolved to recommend that the City Council introduce for first reading by title only, an ordinance that would amend the City Zoning code text with the following: 9-3.673 Establishment of Planned Development Overlay Zone #28 This Planned Development Overlay Zone applies to APN 031-121-001, 031-114-004, -005, 031- 191-005, -006 in the Residential Single-family zone. The maximum residential density within the planned development shall not exceed the density allowed by the underlying zoning district and provisions of the Atascadero Municipal Code. The following development standards shall be met by the entitled project within the PD -28 overlay zone: a) All site development shall require the approval of a Master Plan of Development. All construction and development shall conform to the approved Master Plan of Development, as conditioned. b) The Tentative Tract Map and any subsequent amendments for the site shall be consistent with an approved Master Plan of Development. All construction and development shall conform to the approved Master Plan of Development, as conditioned. c) No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Master Plan of Development. d) Landscaping with native, drought tolerant vegetation will be required on all cut and/or fill slopes and shall be required as a screening device in front of all visible retaining walls. e) Retaining walls shall be constructed of dark color split face block. ITEM NUMBER: 8 DATE: nr%_n9_na f) All utilities, including electric, telephone, and cable, within the PD and along the project frontages shall be installed and/or relocated underground. g) All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties. h) Trash shall be stored in individual garages. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER DATE: 05-02-06 ATTACHMENT 5: Draft Resolution PC 2006-0043 Approval of Proposed Zoning Map Change DRAFT RESOLUTION PC 2006-0043 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2005-0103, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 031-121-0019 031-114-0049 -0059 031-191-0059 -006 FROM RSF-Y (RESIDENTIAL SINGLE-FAMILY — Y) TO RSF-Y /PD -28 (RESIDENTIAL SINLGE-FAMILY — Y/ PLANNED DEVELOPMENT OVERLAY #28) (Gearhart — Linda Vista Cluster Development) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Ave, Atascadero, Ca 93422) Applicant and Property Owner, to consider a project consisting of a Zone Change from RSF-Y (Residential Single -family -Y) to RSF-Y/PD28 (Residential Single -Family - Y with a Planned Development Overlay 28) with corresponding Master Plan of Development and Vesting Tentative Tract Map on a 2.68 -acre site (APN 031-121-001, 031-114-004, -005, 031-191-005, -006); and, WHEREAS, the site's General Plan Designation is SFR -Y (Single -Family Residential - Y); and, WHEREAS, the site's current zoning district is RSF-Y (Residential Sinlge-family -Y); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0014 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Official Zoning Map to protect the health, safety, and welfare of its citizens by applying orderly development of the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which ITEM NUMBER: 8 DATE: ns-nMG hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on May 2, 2006 studied and considered Zone Change 2006-0103, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of Atascadero Changing the existing site zoning to RSF-Y/ PD -28. The Planning Commission finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 4. The proposed project offers certain redeeming features to compensate for the requested zone change. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on May 2, 2006, resolved to recommend that the City Council introduce for first reading by title only, an ordinance that would rezone the subject site consistent with the following: 1. Exhibit A: Location Map/Zone Map Amendment Diagram ITEM NUMBER: 8 DATE: 05-02-06 BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 05-02-06 Exhibit A: Location Map/Zone Map Amendment Diagram Existing Designation: -Residential Single-family - Y Proposed Designation: - Residential Single -Family -Y/ Planned Development 28 ATTACHMENT 6: Draft Resolution PC 2006-0044 Approval of Proposed Master Plan of Development (CUP) DRAFT RESOLUTION PC 2006-0044 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2005-0167 (MASTER PLAN OF DEVELOPEMNT) ON APN 031-121-0019 031-114-0049 -0059 031-191-0059 -006 (Gearhart — Linda Vista Cluster Development) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Ave, Atascadero, Ca 93422) Applicant and Property Owner, to consider a project consisting of a Zone Change from RSF-Y (Residential Single -family -Y) to RSF-Y/PD28 (Residential Single -Family - Y with a Planned Development Overlay 28) with corresponding Master Plan of Development and Vesting Tentative Tract Map on a 2.68 -acre site (APN 031-121-001, 031-114-004, -005, 031-191-005, -006); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from RSF-Y (Residential Single -Family -Y) to RSF-Y / PD 28 (Residential Single - Family -Y with a Planned Development Overlay 28); and, WHEREAS, the Custom Planned Development Overlay requires the adoption of a Master Plan of Development, approved in the form of a Conditional Use Permit; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0014 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on May 2, 2006 studied and considered the Conditional Use Permit 2005- 0167 (Master Plan of Development), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including provisions of the PD -28 Overlay Zone; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 6. The Master Plan of Development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area; and 7. Benefits derived from the Master Plan of Development and Custom PD overlay zone cannot be reasonably achieved through existing development standards or processing requirements; and, 8. The proposed project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties; and, 9. The modified height will not exceed the lifesaving equipment capabilities of the Fire Department SECTION 2. Findings for Approval of Tree Removal. The Planning Commission finds as follows: 1. The trees are obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: ■ Early consultation with the City; ■ Consideration of practical design alternatives; ■ Provision of cost comparisons (from applicant) for practical design alternatives; ■ If saving tree eliminates all reasonable uses of the property; or ■ If saving the tree requires the removal of more desirable trees. SECTION 3. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on May 2, 2006 resolved to recommend that the City Council approve Conditional Use Permit 2005-0167 (Master Plan of Development) and Tree Removal Permit subject to the following: EXHIBIT A: Conditions of approval / Mitigation Monitoring Program EXHIBIT B: Master Plan of Development / Grading and Drainage Plan EXHIBIT C: Floor Plan EXHIBIT D: Elevations EXHIBIT E: Project Sections EXHIBIT F: Preliminary Landscape Plan EXHIBIT G: Tree Protection Plan EXBIBIT H: Utility Plan EXHIBIT I: Road Improvement Plan EXHIBIT J: Open space easement diagram BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program Planned Development -28 /CUP 2005-0167/ZCH 2005-0103/TTM 2005-0074 Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring Linda Vista Cluster Development BL: Business License PS: Planning Services GP: Grading Permit BS: Building ZCH 2005-0103, CUP 2005-0167, TTM 2005-0074 Permit Building Services FD: Fire Department FI: Final PD: Police Department Inspection T0: Temporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy Planning Services 1. The approval of this zone change and use permit shall become final and effective FM PS following City Council approval. 2. The approval of this use permit shall become final and effective for the purposes of FM PS issuing building permits thirty (30) days following the City Council approval of ZCH 2005-0103 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority to approve the BP/FM PS, CE 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. 4. Approval of this Conditional Use Permit shall be valid for twelve (12) months after BP/FM PS 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 Atascadero or Ongoing PS its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision 6. All subsequent Tentative Map and construction permits shall be consistent with the BP/FM PS, CE Master Plan of Development contained herein. 7. All exterior elevations, finish materials and colors shall be consistent with the BP PS Master Plan of Development as shown in EXHIBIT B, C, D, F and J with the following modifications: ■ All exterior material finishes (siding, trim, doors, windows, light fixtures, garage doors) shall be durable, high quality, and consistent with the architectural appearance. • Roofs shall be architectural grade dimensional shingles. ■ All retaining walls shall be constructed of dark color split face block. 8. All site development shall comply with the standards of the Planned Development BP PS, BS Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring Linda Vista Cluster Development BL: Business License PS: Planning Services GP: Grading Permit BS: Building ZCH 2005-0103, CUP 2005-0167, TTM 2005-0074 Permit Building Services FD: Fire Department FI: Final PD: Police Department Inspection InsTemporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy 28 Overlay District. 9. All site work, grading, and site improvements shall be consistent with the Master BP/FM PS, BS, Plan of Development as shown in EXHIBIT B, F and I., with the following CE modifications: 10. All project fencing shall be installed consistent with EXHIBIT B and F subject to the GP/BP PS following modifications: ■ Final fence location shall be subject to staff approval. 11. Final selection of colors and materials shall be subject to staff approval. GP/BP PS 12. A final landscape and irrigation plan shall be approved prior to the issuance of building permits and included as part of site improvement plan consistent with EXHIBIT F, and as follows: • All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. ■ All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site. ■ Final tree list shall be submitted with building permits, subject to staff approval. ■ The applicant shall include screening landscaping along all visible retaining walls. 13. The developer and/or subsequent owner shall assume responsibility for the continued maintenance of all landscape and common areas, consistent with EXHIBIT B and J. 14. Affordable Housing Requirement: The applicant shall comply with the City GP/BP PS, CA Council's Inclusionary housing policy and deed restrict one unit at the moderate income rate or pay an in -lieu fee based on 5% of the construction valuation of the project. 15. Workforce Housing: Prior to recordation of final map, the applicant shall enter into BP PS, CA a legal agreement with the City to reserve 1/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring Linda Vista Cluster Development BL: Business License PS: Planning Services GP: Grading Permit BS: Building ZCH 2005-0103, CUP 2005-0167, TTM 2005-0074 Permit Building Services FD: Fire Department FI: Final PD: Police Department Inspection InsTemporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; • The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved; and The City Attorney shall approve the final form of the agreement. 16. A Tree Protection Plan shall be submitted with subsequent building permits for GP/BP PS encroachment within the drip line of native trees located on the subject parcel and any adjacent properties. The applicant will contract with a certified arborist to monitor all activity within the drip lines of existing native oak trees. 17. An address marker to include address for all units shall be located at the public GP/BP PS street access point. The address marker shall be compatible with the project architecture. 18. The emergency services and facility maintenance costs listed below shall be BP PS 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. • Off-site common City of Atascadero park facilities maintenance service costs related to the project. 19. All tract maintenance costs listed below shall be 100% funded by the project in BP PS perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring Linda Vista Cluster Development BL: Business License PS: Planning Services GP: Grading Permit BS: Building ZCH 2005-0103, CUP 2005-0167, TTM 2005-0074 Permit Building Services FD: Fire Department FI: Final PD: Police Department Inspection InsTemporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy responsibility of the Home Owners Association. a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. b) All parks, trails, recreational facilities and like facilities. c) All open space and native tree preservation areas. d) All drainage facilities and detention basins. e) All creeks, flood plains, floodways, wetlands, and riparian habitat areas. f) All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. g) All frontage landscaping and sidewalks along arterial streets 20. Prior to final map, the applicant shall submit CC&Rs for review and approval by the BP PS, BS Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping in perpetuity. b) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. c) Residents shall keep all trash receptacles within the unit's designated trash storage area. d) Garages shall be maintained and used for vehicle parking. e) No boats, RV's or other type of recreation vehicle may occupy a resident parking space, including within an individual garage. f) A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. 21. Approval of this permit shall include the removal of 24 Native Trees. The applicant BP PS, BS shall be required to pay mitigation fees or provide replantings on-site per the requirements of the Atascadero Native Tree Ordinance. Any additional removals shall be subject to Planning Commission approval. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring Linda Vista Cluster Development BL: Business License PS: Planning Services GP: Grading Permit BS: Building ZCH 2005-0103, CUP 2005-0167, TTM 2005-0074 Permit Building Services FD: Fire Department FI: Final PD: Police Department Inspection InsTemporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy 22. Limited Use Open spaces easements shall be recorded on the residential lots and shall include provisions to limit future tree removals and shall limit the scope of any future improvements to the properties. Future improvements shall be limited to outdoor recreation improvements including retaining walls and decks, etc. All future improvements will require review by Planning Staff to determine if the proposed improvements are in keeping with the intent of the cluster development. 23. A restricted use open space and tree preservation easement shall be recorded over proposed parcel 6. The open space easement language shall refer to the Planned development and shall list the purpose and intent of the easement as it related to the cluster subdivision. No building of structures of any kind shall be permitted on Lot 6. City Engineer Standard Conditions 24. In the event that the applicant bonds for the public improvements required as a GP, BP CE condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 25. An engineer's estimate of probable cost shall be submitted for review and approval GP, BP CE by the City Engineer to determine the amount of the bond. 26. The Subdivision Improvement Agreement shall record concurrently with the Final FM CE Map. 27. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to the GP, BP CE property frontage. 28. The applicant shall acquire title interest in any off-site land that may be required to GP, BP CE 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. 29. If, after all reasonable attempts and diligent efforts, the Applicant is still unable to GP, BP CE gain a landowner's consent to any required acquisitions, offers of dedication, easements, rights of way and/or rights of entry, the City shall lend the Power of Eminent Domain, or take other action, as a final solution. 30. Slope easements shall be obtained by the applicant as needed to accommodate GP, BP CE cut or fill slopes. 31. Drainage easements shall be obtained by the applicant as needed to GP, BP CE accommodate both public and private drainage facilities. 32. A preliminary subdivision guarantee shall be submitted for review in conjunction FM CE Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring Linda Vista Cluster Development BL: Business License PS: Planning Services GP: Grading Permit BS: Building ZCH 2005-0103, CUP 2005-0167, TTM 2005-0074 Permit Building Services FD: Fire Department FI: Final Inspection InsTemporary PD: Police Department CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy with the processing of the final map. 33. The final map shall be signed by the City Engineer prior to the map being placed FM CE on the agenda for City Council acceptance. 34. Prior to recording the final map, the applicant shall pay all outstanding plan FM CE check/inspection fees. 35. Prior to recording the final map, the applicant shall bond for or complete all FM CE improvements required by these conditions of approval. 36. Prior to recording the final map, the applicant shall bond for or set monuments at FM CE all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the final map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 37. Prior to recording the final map, the applicant shall submit a map drawn in FM CE substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 38. All existing and proposed utility, pipeline, open space, or other easements are to FM CE be shown on the final/parcel map. If there are building or other restrictions related to the easements, they shall be noted on the final/parcel map. The applicant shall show all access restrictions on the final/parcel map. 39. Prior to recording the final map, the applicant shall have the map reviewed by all FM CE 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 40. Prior to the issuance of building permits the applicant shall submit plans and BP, GP CE 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 City Engineer Project Conditions 41. Applicant shall pay sewer connection and reimbursement fees (if applicable) upon BP CE issuance of building permit. 42. The Applicant shall extend the sanitary sewer main in Linda Vista Avenue from BP CE Navarette Avenue across the frontage of the property to the easterly property line. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring Linda Vista Cluster Development BL: Business License PS: Planning Services GP: Grading Permit BS: Building ZCH 2005-0103, CUP 2005-0167, TTM 2005-0074 Permit Building Services FD: Fire Department FI: Final PD: Police Department Inspection InsTemporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy Design to be in conformance with City Engineering Standards 43. The Applicant shall extend the sanitary sewer main in Navarette Avenue from the BP CE existing manhole at San Andreas Avenue to Linda Vista Avenue. Design to be in conformance with City Engineering Standards. 44. Linda Vista shall be improved to the Rural Hillside Street section (City Standard BP CE 402) along the entire property frontage and extending to Navarette Avenue. The standard section shall be reduced from 6' from edge of pavement to slope hinge point to 2' from edge of pavement to slope hinge point, due to existing slopes on the southerly side of Linda Vista Avenue Mitigation Measure 1.c.1: All retaining walls shall be constructed of dark color split BP PS 1.c.1 face block or of similar color and texture to blend into the surrounding natural environment. Mitigation Measure 1.c.2: each unit shall be painted with darker earth toned colors. BP PS 1.c.2 All materials shall be high quality and designed to blend with the surrounding environment. Mitigation Measure 1.d.1: All lighting shall be residential in nature. A maximum of 1 BP PS 1.d.1 common light post may be permitted at the terminus of the driveway for safety. Any such light post and fixture shall be full cut-off and a maximum of 12 -feet in height. The light shall be placed on a motion sensor and shall not be left on past 10pm. Mitigation Measure 3.15.1: The project shall be conditioned to comply with all BP BS 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. • Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If Naturally Occurring Asbestos (NOA) is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Should Naturally Occurring Asbestos be identified within the area of construction, and the worked area will be less than or equal to one acre, then the dust control measures identified below are required. If the disturbed area is greater than one acre, additional requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring Linda Vista Cluster Development BL: Business License PS: Planning Services GP: Grading Permit BS: Building ZCH 2005-0103, CUP 2005-0167, TTM 2005-0074 Permit Building Services FD: Fire Department FI: Final PD: Police Department Inspection InsTemporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. ■ Dust Control Measures for Construction and Grading Operation Projects One Acre or Less: No person shall engage in any construction or grading operation on property where the area to be disturbed is one (1.0) acre or less unless all of the following dust mitigation measures are initiated at the start and maintained throughout the duration of the construction or grading activity: (A) Construction vehicle speed at the work site must be limited to fifteen(15) miles per hour or less; (B) Prior to any ground disturbance, sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; (C) Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; (D) Storage piles must be kept adequately wetted, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile; (E) Equipment must be washed down before moving from the property onto a paved public road; and (F) Visible track -out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four 24 hours. Mitigation Measure 3.b.2: Naturally Occurring Asbestos (NOA) has been identified BP PS 3.b.2 by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If naturally occurring asbestos is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. These requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. Mitigation Measure 4.e.1: The Grading Plan shall identify tree protection fencing BP PS 4.e.1 around the dripline, or as recommended by the project arborist, of each existing on- site or off-site native tree. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring Linda Vista Cluster Development BL: Business License PS: Planning Services GP: Grading Permit BS: Building ZCH 2005-0103, CUP 2005-0167, TTM 2005-0074 Permit Building Services FD: Fire Department FI: Final PD: Police Department Inspection InsTemporary CE: City Engineer Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy Mitigation Measure 4.e.2: Grading and excavation and grading work shall be GP PS 4.e.2 consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within the area of work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring Linda Vista Cluster Development BL: Business License PS: Planning Services GP: Grading Permit BS: Building ZCH 2005-0103, CUP 2005-0167, TTM 2005-0074 Permit Building Services FD: Fire Department FI: Final PD: Police Department Inspection InsTemporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy Mitigation Measure 4.e.3: The developer shall contract with a certified arborist GP PS 4.e.3 during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of inch granite covered with one -inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one -foot by one -foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 6.b: The grading permit application plans shall include erosion GP CE 6.b control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. Mitigation Measure 6.c.d: A soils report shall be required to be submitted with a GP BS 6.c.d future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring Linda Vista Cluster Development BL: Business License PS: Planning services GP: Grading Permit BS: Building ZCH 2005-0103, CUP 2005-0167, TTM 2005-0074 BPP: Building Services FD: Fire Department FI: Final PD: Police Department Inspection T0: Temporary CE: City Engineer Occupancy WW: Wastewater CA: City Attorney FO: Final Occupancy Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention Plan BP CE 8.e.f (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for ensuring that all BP BS,PS,CE 8.ef.2 contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop work orders. Mitigation Measure 11.d: All construction activities shall comply with the City of Ongoing BS/PS 11A Atascadero Noise Ordinance for hours of operation. Mitigation Measure 15.a.b.1: Full frontage improvements shall be required along BP CE 15.a.b.1 Linda Vista and extending to the intersection of Linda Vista and Navarette Ave. Additional improvements may be required along the Navarette project frontages, subject to the approval of the City Engineer, although access will not be taken from this street. EXHIBIT B: Master Plan of Development/Site Plan s $ Of., 'N:',Ri lK n _- _ _ ff Ips 16a ✓�h �\�X ___"(� �� � _� ��%"fes--��, - I l . A - _ A .X , 1 fiq gggE3j 9g EXHIBIT C: Floor Plan and Elevations J0owl J PKOMT ELEVATION H UPPEIT noon C V C_ C u 1f4331.3.1.1339 Elevation A mm nom EXHIBIT D: Floor Plan and Elevations rRGHT rLCVATIOn r urrrK iLOQR rrI rIr . 4 a; b O � q U �r N �IK a 84332,Y2.133k Elevation B AAEA GLC •• xi'�siu�avnwr wm rLOOK EXHIBIT E: Project Sections q t q 4 5 1le_5e� ° Ii I I} i a I ... >., .—... I. c 4 � l } i i 5 5 i i i 4 9 9 EXHIBIT F: Preliminary Landscape Plan a w � z 0 Z U) Q m W a a L9 LL J 2 CL Q o �. 1 t� l 7.1_ __ tom:► j •. i ftM r: z Z EXHIBIT G: Tree Protection Plan EXHIBIT H: Utility Plan � �g qqg Y a5� 653 li({g�g�g�S @p I3yi �ymas 5� SIF- [ Se. u4� j dfi '� lNII�&1 4 GE 3&d6 � S a' b w ,�•• .. I � ` l i Ire r I ) II � II ! 1 EXHIBIT 1: Road Improvement Plan '74 EXHIBIT J: Open Space Easement Diagram ATTACHMENT 7: Draft Resolution PC 2006-0045 Approval of Proposed Vesting Tentative Tract Map DRAFT RESOLUTION PC 2006-0045 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE VESTING TENTATIVE TRACT MAP 2005-0074, A FIVE LOT SUBDIVISION CONSISTENT WITH A MASTER PLAN OF DEVELOPMENT ON APN 031-121-0019 031-114-0049 - 005, 031-191-0059 -006 (Gearhart/Linda Vista Cluster Development) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Ave, Atascadero, Ca 93422) Applicant and Property Owner, to consider a project consisting of a Zone Change from RSF-Y (Residential Single -family -Y) to RSF-Y/PD28 (Residential Single -Family - Y with a Planned Development Overlay 28) with corresponding Master Plan of Development and Vesting Tentative Tract Map on a 2.68 -acre site (APN 031-121-001, 031-114-004, -005, 031-191-005, -006); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from RSF-Y (Residential Single -Family -Y) to RSF-Y / PD 28 (Residential Single - Family -Y with a Planned Development Overlay 28); and, WHEREAS, the Custom Planned Development Overlay requires the adoption of a Master Plan of Development, approved in the form of a Conditional Use Permit; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0014 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative tract Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on May 2, 2006 studied and considered the Tentative Tract Map 2005-0074, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Approval for Tentative Tract Map, the Planning Commission finds as follows: The proposed subdivision, design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements, including provisions of the PD -28 overlay district. 2. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District -28 Master Plan of Development (CUP 2005-0167). 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. Covenants, Conditions and Restrictions (CC&R's) or equivalent shall be required that incorporate the Master Plan of Development conditions of approval to ensure that the site retains the proposed qualities (architecture, colors, materials, plan amenities, fencing, and landscaping) over time. 8. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on May 2, 2006, resolved to recommend that the City Council approve Tentative Tract Map (TTM 2005-0167) subject to the following: 1. Exhibit A: Vesting Tentative Tract Map 2005-0167 2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Tentative Tract Map i iii®: g % aa�c3G ni E ga ®g � � gg5i 5 4 q�ii3 3sg q8 pYp� qaqp�p it M YplYe 3 taliy 1 2 G;yc N z\ N O W LL W 2 oo �»00 1 \ 9 'eiaA Li p4,q< `L OO F' 0) r I U oR 2 4 W` `LLQNMQ I " ZJ� Exhibit B: Conditions of Approval / Mitigation Monitoring Program Tentative Tract Map 2005-0167 Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring GP: Grading Permit Linda Vista Cluster Development BP: Building Permit SIP: Subdivision PS: Planning Services Vesting Tentative Tract Map Improvement Plans FM: Final Map BS: Building Services TTM 2005-0167 TO: Temporary Occupancy FD: Fire Department PD: Police FI: Final inspection Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Planning Services 1. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2005-0099 and ZCH 2005-0101 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Tract Map shall be valid for two years after its FM PS effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the authority to FM PS approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The Final Map shall be drawn in substantial conformance with the FM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 5. The subdivider shall defend, indemnify, and hold harmless the City of FM PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 6. The Tract Map shall be subject to additional fees for park or recreation FM PS purposes (QUIMBY Act) as required by City Ordinance. 7. The emergency services and facility maintenance costs listed below BP PS shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring GP: Grading Permit Linda Vista Cluster Development BP: Building Permit SIP: Subdivision PS: Planning Services Vesting Tentative Tract Map Improvement Plans FM: Final Map BS: Building Services TTM 2005-0167 TO: Temporary Occupancy FD: Fire Department FI: Final inspection PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attomey AMWC: Water Comp. assessment of the property. ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 8. All tract maintenance costs listed below shall be 100% funded by the BP PS project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. ■ All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. ■ All parks, trails, recreational facilities and like facilities. ■ All open space and native tree preservation areas. ■ All drainage facilities and detention basins. ■ All creeks, flood plains, floodways, wetlands, and riparian habitat areas. ■ All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. ■ All frontage landscaping and sidewalks along arterial streets 9. Prior to final map, the applicant shall submit CC&Rs for review BP PS, BS and approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: g) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping in perpetuity. h A detailed list of each individual homeowner's responsibilities for Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring GP: Grading Permit Linda Vista Cluster Development BP: Building Permit SIP: Subdivision PS: Planning Services Vesting Tentative Tract Map Improvement Plans FM: Final Map BS: Building Services TTM 2005-0167 TO: Temporary Occupancy FD: Fire Department FI: Final inspection PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attomey AMWC: Water Comp. maintenance of the individual units. i) Residents shall keep all trash receptacles within the unit's designated trash storage area. j) Garages shall be maintained and used for vehicle parking. k) No boats, RV's or other type of recreation vehicle may occupy a resident parking space, including within an individual garage. 1) 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. 10. Approval of this permit shall include the removal of 24 Native Trees. The BP PS, BS applicant shall be required to pay mitigation fees or provide replantings on-site per the requirements of the Atascadero Native Tree Ordinance. Any additional removals shall be subject to Planning Commission approval. 11. Limited Use Open spaces easements shall be recorded on the residential lots and shall include provisions to limit future tree removals and shall limit the scope of any future improvements to the properties. Future improvements shall be limited to outdoor recreation improvements including retaining walls and decks, etc. All future improvements will require review by Planning Staff to determine if the proposed improvements are in keeping with the intent of the cluster development. 12. A restricted use open space and tree preservation easement shall be recorded over proposed parcel 6. The open space easement language shall refer to the Planned development and shall list the purpose and intent of the easement as it related to the cluster subdivision. No building of structures of any kind shall be permitted on Lot 6. 13. Affordable Housing Requirement: The applicant shall comply with the City Council's Inclusionary housing policy and deed restrict one unit at the moderate income rate or pay an in -lieu fee based on 5% of the construction valuation of the project. 14. Workforce Housing: Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve 1/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring GP: Grading Permit Linda Vista Cluster Development BP: Building Permit SIP: Subdivision PS: Planning Services Vesting Tentative Tract Map Improvement Plans FM: Final Map BS: Building Services TTM 2005-0167 TO: Temporary Occupancy FD: Fire Department FI: Final inspection PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attomey AMWC: Water Comp. time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; • The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved; and ■ The City Attorney shall approve the final form of the agreement City Engineer Standard Conditions 15. In the event that the applicant bonds for the public improvements required GP, BP CE as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 16. An engineer's estimate of probable cost shall be submitted for review and GP, BP CE approval by the City Engineer to determine the amount of the bond. 17. The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map. 18. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous GP, BP CE to the property frontage. 19. The applicant shall acquire title interest in any off-site land that may be GP, BP CE required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 20. If, after all reasonable attempts and diligent efforts, the Applicant is still GP, BP CE unable to gain a landowner's consent to any required acquisitions, offers of dedication, easements, rights of way and/or rights of entry, the City shall lend the Power of Eminent Domain, or take other action, as a final solution. 21. Slope easements shall be obtained by the applicant as needed to GP, BP CE accommodate cut or fill slopes. 22. Drainage easements shall be obtained by the applicant as needed to GP, BP CE accommodate both public and private drainage facilities. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring GP: Grading Permit Linda Vista Cluster Development BP: Building Permit SIP: Subdivision PS: Planning Services Vesting Tentative Tract Map Improvement Plans FM: Final Map BS: Building Services TTM 2005-0167 TO: Temporary Occupancy FD: Fire Department FI: Final inspection PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attomey AMWC: Water Comp. 23. A preliminary subdivision guarantee shall be submitted for review in FM CE conjunction with the processing of the final map. 24. The final map shall be signed by the City Engineer prior to the map being FM CE placed on the agenda for City Council acceptance. 25. Prior to recording the final map, the applicant shall pay all outstanding FM CE plan check/inspection fees. 26. Prior to recording the final map, the applicant shall bond for or complete FM CE all improvements required by these conditions of approval. 27. Prior to recording the final map, the applicant shall bond for or set FM CE monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the final map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 28. Prior to recording the final map, the applicant shall submit a map drawn in FM CE substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 29. All existing and proposed utility, pipeline, open space, or other easements FM CE are to be shown on the final/parcel map. If there are building or other restrictions related to the easements, they shall be noted on the final/parcel map. The applicant shall show all access restrictions on the final/parcel map. 30. 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 31. Prior to the issuance of building permits the applicant shall submit plans BP, GP CE and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer City Engineer Project Conditions Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring GP: Grading Permit Linda Vista Cluster Development BP: Building Permit SIP: Subdivision PS: Planning Services Vesting Tentative Tract Map Improvement Plans FM: Final Map BS: Building Services TTM 2005-0167 TO: Temporary Occupancy FD: Fire Department FI: Final inspection PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attomey AMWC: Water Comp. 32. Applicant shall pay sewer connection and reimbursement fees (if BP CE applicable) upon issuance of building permit. 33. The Applicant shall extend the sanitary sewer main in Linda Vista Avenue BP CE from Navarette Avenue across the frontage of the property to the easterly property line. Design to be in conformance with City Engineering Standards 34. The Applicant shall extend the sanitary sewer main in Navarette Avenue BP CE from the existing manhole at San Andreas Avenue to Linda Vista Avenue. Design to be in conformance with City Engineering Standards. 35. Linda Vista shall be improved to the Rural Hillside Street section (City BP CE Standard 402) along the entire property frontage and extending to Navarette Avenue. The standard section shall be reduced from 6' from edge of pavement to slope hinge point to 2' from edge of pavement to slope hinge point, due to existing slopes on the southerly side of Linda Vista Avenue Mitigation Measure 1.c.1: All retaining walls shall be constructed of dark BP PS 1.c.1 color split face block or of similar color and texture to blend into the surrounding natural environment. Mitigation Measure 1.c.2: each unit shall be painted with darker earth BP PS 1.c.2 toned colors. All materials shall be high quality and designed to blend with the surrounding environment. Mitigation Measure 1.d.1: All lighting shall be residential in nature. A BP PS 1.d.1 maximum of 1 common light post may be permitted at the terminus of the driveway for safety. Any such light post and fixture shall be full cut-off and a maximum of 12-feet in height. The light shall be placed on a motion sensor and shall not be left on past 10pm. Mitigation Measure 3.b.1: The project shall be conditioned to comply with BP BS 3.b.1 all applicable District regulations pertaining to the control of fugitive dust (PM-10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. ■ Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If Naturally Occurring Asbestos (NOA) is found at the site the applicant must comply with all requirements Conditions of Approval / Mitigation Monitoring Program Linda Vista Cluster Development Vesting Tentative Tract Map TTM 2005-0167 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsibil ity /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attomey AMWC: Water Comp. Mitigation Measure outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Should Naturally Occurring Asbestos be identified within the area of construction, and the worked area will be less than or equal to one acre, then the dust control measures identified below are required. If the disturbed area is greater than one acre, additional requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. ■ Dust Control Measures for Construction and Grading Operation Projects One Acre or Less: No person shall engage in any construction or grading operation on property where the area to be disturbed is one (1.0) acre or less unless all of the following dust mitigation measures are initiated at the start and maintained throughout the duration of the construction or grading activity: (A) Construction vehicle speed at the work site must be limited to fifteen(15) miles per hour or less; (B) Prior to any ground disturbance, sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; (C) Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; (D) Storage piles must be kept adequately wetted, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile; (E) Equipment must be washed down before moving from the property onto a paved public road; and (F) Visible track -out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four 24 hours. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring GP: Grading Permit Linda Vista Cluster Development BP: Building Permit SIP: Subdivision PS: Planning Services Vesting Tentative Tract Map Improvement Plans FM: Final Map BS: Building Services TTM 2005-0167 TO: Temporary Occupancy FD: Fire Department FI: Final inspection PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attomey AMWC: Water Comp. Mitigation Measure 3.b.2: Naturally Occurring Asbestos (NOA) has been BP PS 3.b.1 identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If naturally occurring asbestos is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. These requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. Mitigation Measure 4.e.1: The Grading Plan shall identify tree protection BP PS 4.e.1 fencing around the dripline, or as recommended by the project arborist, of each existing on-site or off-site native tree. Mitigation Measure 4.e.2: Grading and excavation and grading work shall GP PS 4.e.2 be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 7. All existing trees outside of the limits of work shall remain. 8. Earthwork shall not exceed the limits of the project area. 9. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 10. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 11. All trees within the area of work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 12. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Conditions of Approval / Mitigation Monitoring Program Linda Vista Cluster Development Vesting Tentative Tract Map TTM 2005-0167 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsibil ity /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attomey AMWC: Water Comp. Mitigation Measure Mitigation Measure 4.e.3: The developer shall contract with a certified GP Ps 4.e.3 arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of % inch granite covered with one -inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one -foot by one -foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 6.b: The grading permit application plans shall include GP CE 6.b erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring GP: Grading Permit Linda Vista Cluster Development BP: Building Permit SIP: Subdivision PS: Planning Services Vesting Tentative Tract Map Improvement Plans FM: Final Map BS: Building Services TTM 2005-0167 TO: Temporary Occupancy FD: Fire Department FI: Final inspection PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attomey AMWC: Water Comp. Mitigation Measure 6.c.d: A soils report shall be required to be submitted GP BS 6.c.d with a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention Plan BP CE 8.e.f (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for ensuring that BP BS,ll 8.ef.2 all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop work orders. Mitigation Measure 11.d: All construction activities shall comply with the Ongoing BS/PS 11.d City of Atascadero Noise Ordinance for hours of operation. Mitigation Measure 15.a.b.1: Full frontage improvements shall be required BP CE 15.a.b.1 along Linda Vista and extending to the intersection of Linda Vista and Navarette Ave. Additional improvements may be required along the Navarette project frontages, subject to the approval of the City Engineer, although access will not be taken from this street.