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)
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ITEM NUMBER: 2
DATE: 5-2-06
ATTACHMENT 2: TTM 2001-0011
6340 Alcantara Ave.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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
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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
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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.
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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
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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)
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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.
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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
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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
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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
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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.
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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
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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.
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ITEM NUMBER: 3
DATE: 5-2-06
EXHIBIT C: Tentative Parcel Map
Draft Resolution A
TPM 2002-0028
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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.
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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
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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
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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.
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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
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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)
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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
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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
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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.
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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-
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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
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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
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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
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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.
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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.
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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)
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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
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pt.
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ITEM NUMBER: 5
DATE: 5-2-06
EXHIBIT E: Tree Protection Plan
TPM 2005-0072
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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
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7
T
8
WT
9 10 11
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5
.YAC RI 1 OROPOlAL RFORME
1 20% GCT F RPM YES
CINi
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2
VO
20
5
1
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FRPM
YES
2
3
VOX 2
30
4
A
0%
NONE
NONE
NO
NONE wur
4
VO
17
5
A
5%
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F
NO
NONE wraworAON ruq t�rrw
6
LOX3
58
5
1
10%
G.C.
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YES
2 .r�rrwwor.ov ruo arnw
6
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16
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1
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YES
2 rt.N a.veR •Aw•uo crow
7
VO
20
5
1
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GCT
F RP M
VES
2
8
VOX3
27
3
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40%
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F. RPM
YES
2
9
VO
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s
1
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GC T_
FRPM
YES2
10
VO
4
5
R
100%
G
NO
11
VO % 3
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5
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100%
G
NO
a DE APV
12
VO X 2
9
5
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100%
G
NO
d rra Ao.R
13
LOX2
35
6
1
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GCT
F
YES
2
14
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14
5
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G,C.T F. RP M
YES
2 rrt AON)
16
VO
15
5
1
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GCT
F. RP M
YES
2
18
VO
28
3
1
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GT,C
F RP M
YES
2 uMru .adAwo
17
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2
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YES
2
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19
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A
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2
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NO
i
T8€E RROTECTIpV 6�A0 WEFT EPR
A+n usA aA,TFPRR
1,vucAHw1T wN dEna Awn
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TREE gN7TECT SMEAR SHE£/
RECEIVED
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--
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mmo
omo���
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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
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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
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PW
accommodate both public and private drainage facilities.
23. A preliminary subdivision guarantee shall be submitted for
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PW
review in conjunction with the processing of the parcel map.
24. All existing and proposed utility, pipeline, open space, or other
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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
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PW
map being placed on the agenda for City Council acceptance.
26. Prior to recording the parcel map, the applicant shall submit a
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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
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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
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outstanding plan check/inspection fees.
29. Prior to recording the map, the applicant shall complete all
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improvements required by these conditions of approval.
30. Prior to recording the parcel map, the applicant shall have the
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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
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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
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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
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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
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ITEM NUMBER: 7
DATE: 5-2-06
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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
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EXHIBIT C: Floor Plan and Elevations
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EXHIBIT F: Preliminary Landscape Plan
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EXHIBIT G: Tree Protection Plan
EXHIBIT H: Utility Plan
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EXHIBIT 1: Road Improvement Plan
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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
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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
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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
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PS
purposes (QUIMBY Act) as required by City Ordinance.
7. The emergency services and facility maintenance costs listed below
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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
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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
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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
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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
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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
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CE
approval by the City Engineer to determine the amount of the bond.
17. The Subdivision Improvement Agreement shall record concurrently with
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the Final Map.
18. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous
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CE
to the property frontage.
19. The applicant shall acquire title interest in any off-site land that may be
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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
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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
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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
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placed on the agenda for City Council acceptance.
25. Prior to recording the final map, the applicant shall pay all outstanding
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plan check/inspection fees.
26. Prior to recording the final map, the applicant shall bond for or complete
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all improvements required by these conditions of approval.
27. Prior to recording the final map, the applicant shall bond for or set
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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
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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
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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
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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
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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
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CE
applicable) upon issuance of building permit.
33. The Applicant shall extend the sanitary sewer main in Linda Vista Avenue
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.