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Home My WebLink AboutPC_2006-05-16_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, May 16, 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 16, 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 MAY 2, 2006. 2. APPROVAL OF FINAL MAP 2005-0127, 8350 AND 8380 ATASCADERO AVE. LLA 2004-0061) CONSTANZO/MILLAR/SWITZER 3. APPROVAL OF TIME EXTENSION ON TTM 2004-0047, R. W. HERTEL & SONS COMMUNITY DEVELOPMENT STAFF REPORTS 4. TREE REMOVAL PERMIT 2006-0087,13750 OLD MORRO ROAD 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. CUP AMENDMENT 2002-0071, AMENDMENT CALVARY CHAPEL Applicant: Atascadero Calvary Chapel, 6955 Portola, Atascadero, CA 93422 Owners: Atascadero Calvary Chapel, 6955 Portola Road, Atascadero, CA 93422 Steven Shively, 5260 Cabrillo Ave., Atascadero, CA 93422 Project Title: Conditional Use Permit 2002-0071 Amendment Project 6955 Portola Road, Atascadero CA Location: APN 054-071-001 and 054-083-004 Project The proposed project consists of a request to expand an existing church facility to allow Description: overflow parking on an adjacent single-family residential parcel. The application includes a decomposed granite parking area, drainage facilities, and landscaping. General Plan Designation: Single -Family Residential (SFR) Zoning District: Residential Single Family -Z (RSF-Z) Proposed CATEGORICAL EXEMPTION: The project qualifies for a Class 3 Categorically Exemption Environmental under the provisions of the California Environmental Quality Act, CEQA section 15303. Determination Class 3.c. New construction or conversion of small structures. City of Atascadero Planning Commission Agenda 6. TENTATIVE TRACT MAP 2004-0061 Regular Meeting May 16, 2006 Page 3 of 5 Owner: Rancho De Paraiso LLC, 6465 Alta Pradera Ln, Atascadero, CA 93422 Project Title: TTM 2004-0061, Subdivision of 2 lots Project 6750 San Gabriel Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 054-191-035, 036 Project The project consists of an application to subdivide an existing lot of record. The original Description: 8.41 acre parcel is to be divided into separate lots, one totaling 3.56 acres gross and the other Description: totaling 4.85 acres gross. No native trees are proposed for removal with the subdivision of this land and both parcels will take access off San Gabriel Road. General Plan Designation: RS Zoning District: RE 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: 4/11/06 through 5/1/06 at 6907 El Camino Real, Community Development Department from Proposed 8:00 a.m. to 5:00 p.m., Monday through Friday. 7. CONDITIONAL USE PERMIT 2006-0182, AMENDMENT Owner: Michael Steiner, 108 Erna Way, Pismo Beach, CA 93449 Project Title: CUP 2006-0182, Amendment to the PD 16 Master Plan of Development (CUP 2002-0078) for construction of a single-family residence on slopes greater than 10%. Project 6255 Alta Pradera Lane, Atascadero, CA 93422 Location: (San Luis Obispo County) 054-192-019 Project The project consists of an application to amend a previously recorded Master Plan of Description: Development to allow construction of a one-story, single-family residence outside of a previously approved building envelope on an existing lot of record. The project will require approximately 577 cubic yards of cut and approximately 533 cubic yards of fill. Three native oak trees are proposed for removal and the residence will take access from Alta Pradera Lane. General Plan Designation: RE Zoning District: RS/PD-16 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: 4/27/06 through 5/16/06 at 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 8. AMENDMENT TO CUP 2003-0089/TTM 2004-0050 Regular Meeting May 16, 2006 Page 4 of 5 Owner: Kelly Gearhart, 6205 Alcantara Ave., Atascadero, CA 93422 Project Title: Amendment to CUP 2003-0089/TTM 2004-0050 Project 7955 Curbaril Ave., Atascadero, CA 93422 Location: APN 031-161-024 Project The proposed project consists of an Amendment to the Master Plan of Development for the Description: Curbaril Business Park to allow the construction of a bank building on the corner of Curbaril and Morro Rd. General Plan Designation: General Commercial (GC) Zoning District: Commercial Professional (CP) Proposed Consistent with the previously certified Mitigated Negative Declaration. Environmental Determination COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on June 6, 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 16, 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: 5-16-06 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, May 2, 2006 — 7:00 P.M. Chairperson Beraud called the meeting to order at 7:00 p.m. and Commissioner Kelley led the Pledge of Allegiance. Rr)l I rAl I Present: Commissioners Fonzi, Kelley, Porter, O'Keefe and Chairperson Beraud Absent: Commissioners Jones and Slane Staff Present: Community Development Director Warren Frace, Public Works Director / City Engineer Steve Kahn, Deputy Community Development Director Steve McHarris, Associate Planner Kelly Gleason, Associate Planner Kerry Margason and Recording Secretary Grace Pucci. PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA MOTION: By Vice Chairperson O'Keefe and seconded by Commissioner Porter to approve the agenda. Motion passed 5:0 by a roll -call vote. PUBLIC COMMENT None PC Draft Minutes 05/02/06 Page 1 of 13 CONSENT CALENDAR 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 Items pulled: Chairperson Beraud, Item #4 MOTION: By Commissioner Kelley and seconded by Commissioner Fonzi to approve Items #1, 2 and 3. Motion passed 5:0 by a roll -call vote. Item #4: Commissioner Beraud requested an updated arborists report for this project to assess the current status of the trees to determine if further mitigation is needed. MOTION: By Chairperson Beraud and seconded by Vice Chairperson O'Keefe to approve the time extension on TTM 2002-0021, and that an arborists report will be completed within 45 days. Motion passed 5:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS 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) PC Draft Minutes 05/02/06 Page 2 of 13 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. Ex Parte Communications ■ Commissioner Kelley stated he received an email from the applicant to which he did not respond. Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Barak Miles, applicant's representative and co-owner, stated that the applicant has lived in Atascadero since 1980 and addressed questions raised by the commission. Jeff Hansen, applicant, stated he has spoken to most of the neighbors explaining his project and they indicated they would not oppose it. Becky Rogers stated her concerns with drainage issues for this project and their effect on her property. Jeff Van den Eikhof stated that he originally was opposed to this project because of drainage problems, however, since then the lots have been redesigned to prevent some of the drainage problems and he is now in favor of it. Mark Davis, project engineer, spoke of his design for the septic systems and answered questions regarding drainage issues on the project. Chairperson Beraud closed the Public Comment period. Vice Chairperson O'Keefe stated she could not approve this if second units were permitted on the property, as there would be too many impacts and tree removals. Chairperson Beraud stated she was concerned that the smaller lots of this project are not compatible with neighborhood and the higher density could impede wildlife flow and have impacts on Stadium Park. MOTION: By Commissioner Kelley and seconded by Commissioner Porter to 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. Motion passed 3:2 by a roll -call vote. (O'Keefe, Beraud opposed) PC Draft Minutes 05/02/06 Page 3 of 13 Vice Chairperson O'Keefe stated for the record that she had voted no because she is concerned that if this is approved someone can change the building envelope in the future, that these lots will be smaller that other lots in the neighborhood, and that others in the neighborhood may request additional lot splits. Chairperson Beraud stated for the record that she had voted no because originally the Planning Commission had recommended two lots, which she thinks are more compatible with the surrounding neighborhood than three. 6. TENTATIVE PARCEL MAP 2005-0075 Applicant: Sholders Land Surveys, 9301 Central Ave., Garden Grove, CA 92844 Owners: Micah & Lisa Mumford, 7405 San Gabriel Rd., Atascadero, CA 93422 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) 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., Monday through Friday. Associate Planner Kerry Margason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Micah Mumford, applicant, spoke about the placement of the road, tree removals, and changes to the plan based on the recommendations from the last Planning Commission meeting. Mr. Mumford stated for the record that he is not in favor of clustering the homes, and answered questions of the Commission. Vice Chairperson O'Keefe proposed that an area be set aside where it wouldn't impinge on the homeowners to create receiver sites for tree planting. She stated that they are finding through the tree inventory that there is no regeneration of the trees. Mr. Mumford stated he is not opposed to the idea but would need to have more information. Commissioner Kelley was concerned about the watering and care of the trees at the receiver site and stated these issues must be addressed prior to implementing this on someone's property. PC Draft Minutes 05/02/06 Page 4 of 13 William Mehring stated he likes a lot of what he has seen tonight, and suggested the large swale on his property be avoided. He expressed concern with the flag lot and easement, which he would prefer to see on the east side of the property, and would like to see consistency with prior projects regarding tree removals. Eric Greening stated that Atascadero has a senescent forest and he is supportive of Commissioner O'Keefe's idea if there is a way to implement it. He recommended that receiver sites be contiguous with other woodland areas and receiver sites. Micah Mumford stated that Option 2 is the preferred road option and explained why the location of the road was switched. Chairperson Beraud closed the Public Comment period. Commissioner Fonzi asked for a discussion of the clustering concept. Commissioner Kelley stated it should not be incorporated into the motion, and that smaller lots are not contributory to the look of Atascadero. Commissioner Porter agreed that what the applicant has requested is better, and that it stays consistent with the neighborhood. Vice Chairperson O'Keefe stated she supports clustering in general, however in this project the current plan works with the land in the best way possible, and the adjustments that have been made are adequate, and so she no longer supports clustering for this project. Chairperson Beraud commented that it was good to see the clustering proposal, and she would support having some open space easements on each parcel for tree conservation. She proposed that for trees 40% or more impacted by the road there be a tree mitigation deposit as an incentive to the developer to protect the trees. Vice Chairperson O'Keefe proposed that in lieu of paying into the tree fund, replanting be done on site in areas identified by the arborist as good sites out of the areas where the houses are placed, and that the trees be monitored for two years to make sure they survive. MOTION: By Commissioner Kelley and seconded by Commissioner Porter to 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. PC Draft Minutes 05/02/06 Page 5 of 13 Motion failed 2:3 by a roll -call vote. (Fonzi, O'Keefe, Beraud opposed) Commissioner Fonzi stated for the record she voted no because she would like additional conditions for the trees. Commissioner O'Keefe stated for the record she voted no because she would like additional conditions for the trees. Commissioner Kelley stated there are enough tools in place to protect trees and the Commission should not place an additional financial burden on those wishing to improve their property. Commissioner Porter commented that if a developer is required to bond he would either get a letter of credit through a financial institution or purchase the bonding through an insurance company paying only a small percentage, but a direct deposit is paid in full to the tree mitigation fund with no interest to the applicant. MOTION: By Chairperson Beraud and seconded by Commissioner Fonzi to 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 and with the additional conditions that there will be open space easements on each property as indicated in the staff report and that all trees with greater than or equal to 40% impact have a tree mitigation deposit, and that the mitigation for the tree removal be replanting on site with 1 gallon like species on sites to be identified by the arborist as good areas that will support the trees. Motion passed 4:1 by a roll -call vote. (Porter opposed) Commissioner Kelley stated for the record that he voted for the lot split but he is personally opposed to the additional conditions. 7. CONDITIONAL USE PERMIT 2006-0181/TENTATIVE 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 Location: 8350 Santa Ynez, Atascadero, CA 93422 (San Luis Obispo County) APN 031-222-010 PC Draft Minutes 05/02/06 Page 6 of 13 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, Project Title: requires Planning Commission review and approval. The site contains one existing house which Project is proposed to remain. One native tree is proposed for removal. All units will share access from Location: Santa Ynez Ave. The project will be served by City sewer. Project General Plan Designation: MDR Description: 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. Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Paul Norton, applicant, answered questions of the Commission. Chairperson Beraud closed the Public Comment period. MOTION: By Commissioner Kelley and seconded by Commissioner Fonzi to 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 and that the 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. Motion passed 5:0 by a roll -call vote. Chairperson Beraud recessed the hearing at 8:23 p.m. Chairperson Beraud called the meeting back to order at 8:30 p.m. 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 PC Draft Minutes 05/02/06 Page 7 of 13 Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Mandi Raike, applicant's representative, gave a presentation on the project. Jamie Kirk, applicant's representative, answered questions of the Commission. The applicant requested a clarification to a mitigation requirement calling for full frontage improvements to reflect that the shoulder will be reduced slightly, but the pavement width will remain the same. Ken Shicoma, project engineer, answered questions of the Commission. Tom Russell expressed his concern with water runoff from Navarette, and the increased impacts to the neighborhood from traffic. Susanne Fritz stated her concerns that the neighborhood had not been given the corrected Mitigated Negative Declaration and asked that action on this item be delayed so that the neighbors can review it. She was also concerned with the arborist's report and the tree tagging in the green space and requested that prior to approval a certified arborist properly tag the trees. Ms. Fritz also asked that the green space be permanently designated as such to avoid the possibility of subdividing it in the future. Carol Nelson Selby expressed her concerns regarding tagging and removal of trees, title to the undeveloped space, flooding, and sewer issues. She submitted a written summary of her concerns (Exhibit A). Lindsey Hampton stated her concerns about the number of trees tagged, maintenance of the conservation easement, and drainage onto Navarette. Robert Tol read from a prepared statement urging the Commission not to approve the project and that it be developed as originally proposed. His concerns included the increase in traffic, noise, property devaluation and incompatibility with the surrounding PC Draft Minutes 05/02/06 Page 8 of 13 that will be developed under the requirements of the Planned Development overlay #16 which 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. Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Mandi Raike, applicant's representative, gave a presentation on the project. Jamie Kirk, applicant's representative, answered questions of the Commission. The applicant requested a clarification to a mitigation requirement calling for full frontage improvements to reflect that the shoulder will be reduced slightly, but the pavement width will remain the same. Ken Shicoma, project engineer, answered questions of the Commission. Tom Russell expressed his concern with water runoff from Navarette, and the increased impacts to the neighborhood from traffic. Susanne Fritz stated her concerns that the neighborhood had not been given the corrected Mitigated Negative Declaration and asked that action on this item be delayed so that the neighbors can review it. She was also concerned with the arborist's report and the tree tagging in the green space and requested that prior to approval a certified arborist properly tag the trees. Ms. Fritz also asked that the green space be permanently designated as such to avoid the possibility of subdividing it in the future. Carol Nelson Selby expressed her concerns regarding tagging and removal of trees, title to the undeveloped space, flooding, and sewer issues. She submitted a written summary of her concerns (Exhibit A). Lindsey Hampton stated her concerns about the number of trees tagged, maintenance of the conservation easement, and drainage onto Navarette. Robert Tol read from a prepared statement urging the Commission not to approve the project and that it be developed as originally proposed. His concerns included the increase in traffic, noise, property devaluation and incompatibility with the surrounding PC Draft Minutes 05/02/06 Page 8 of 13 neighborhood. Mr. Tol submitted a petition from neighboring residents in opposition to the proposed Planned Development Overlay. (Exhibit B) Lee McDaniel expressed her concerns regarding maintenance of the open space, additional traffic, tree removals and impacts, drainage, and decrease in property values. She supports the concept of one house on one lot and urged the Commission not to support this project. Tom McLaughlin expressed concern for the neighbors who live below the project and the impacts to their properties from headlights, noise, exhaust, and increased traffic. He agreed with the prior speakers regarding water runoff from Navarette, and doesn't see the need to cluster the homes. Walter Reil commented on the quality of life and privacy expected by the residents of Atascadero, and stated that this project is inconsistent with the other homes in the area. He indicated that the three story homes are overbearing and cause the loss of privacy. He stated the entire length of Linda Vista should be improved, was concerned that there is no adequate drainage on Navarette, and no communication with the homeowners on the cost to connect with sewer. He asked that the Commission not approve the project. Marcia Rogers stated she lives directly below the development and is concerned that the rural atmosphere of the community will be lost with this development. She spoke of the impacts of this development to her property including safety, headlights, exhaust emissions, increased traffic, and noise. Guadalupe Lopez spoke about her concerns with the density of the development, the loss of open space, trees and wildlife. She urged the Commission to consider one house on each lot, not five clustered houses. Wendy Ogle spoke about the loss of wildlife in this area and her concerns for the safety of her son with the additional traffic. She fears that noise levels will increase and the views will be impacted by the walls. Larry Guittard urged the commission to vote against this as it is an inappropriate use of the land as it is currently zoned. He stated the project is inconsistent with the original zoning, and is concerned with drainage off of Navarette and increased traffic. He is against a cluster subdivision and stated the site should remain as 5 lots with 5 homes. Janice Kishley expressed her opinion that this project is wrong for the area and not compatible with the rest of the neighborhood, and that a cluster development should not be located in this residential area. Curtis Pendleton commented on several issues including, circulation problems, increased traffic on Linda Vista, grading, safety, drainage problems, and tree removals. She would like more clarification on these issues before the Commission votes. PC Draft Minutes 05/02/06 Page 9 of 13 John Morrison stated that clustered developments have their place but not in this location. He fears this will open the door to many more such developments, and that the area has an old forest that must be protected. Robert Tol sited several inconsistencies in the initial study and staff report. Walter Reil spoke about safety on Navarette Avenue stating that cars go too fast and there is no stop sign. Guadalupe Lopez spoke about an instance where it took the Fire Department a long time to locate a site in the area. Chairperson Beraud closed the Public Comment period. Chairperson Beraud asked staff to address several questions raised during Public Comment. City Engineer Steve Kahn explained the drainage and runoff releases for the project. Mr. Kahn reported that no downstream analysis or studies have been done below Navarette and Linda Vista. He stated that as currently designed, less water will go down Navarette than exists today, but that this project will not fix the problem. Regarding sewer extension, Mr. Kahn reported that part of the requirement is to extend it to the far property line to the end of the pavement. Regarding recovery fees, the developer has the right when he extends the sewer main up a road to file a reimbursement map and if he does, those wanting to hook up who are directly opposite would be required to reimburse him. If the line was extended further up Linda Vista there would be no reimbursement fee. Jamie Kirk reported that the on site roads as well as the drainage features would be maintained by the homeowners association, and spoke about the open space easement. Regarding the tagging of trees on the site she reported that most of the tagging was of the 80 trees that would have had to be removed if the site were developed under the existing configuration. Ms. Kirk and Ken Shicoma answered additional questions of the Commission. Vice Chairperson O'Keefe stated that she did not see any architectural enhancements, and found the appearance to be not very appealing. Chairperson Beraud remarked on the need for a stop sign at the intersection of Linda Vista and Navarette, and for additional landscape mitigation for the higher walls. PUBLIC COMMENT Kelly Gearhart, applicant, explained that whether the homes are developed on individual lots or clustered the same amount of road improvements would be done. He further PC Draft Minutes 05/02/06 Page 10 of 13 remarked that if the lots were developed individually the water runoff would continue to drain to the corner of Navarette and Linda Vista, however, the way it is designed now it slows the water down. Mr. Gearhart stated he could deal with changing the elevations and the additional landscaping. Wendy Ogle explained that there are two blind spots on Linda Vista, and spoke about safety issues. Robert Tol stated that the biggest opposition from the neighborhood is that this development doesn't fit with the type of housing currently there. He is also concerned that the drainage basin will generate a large amount of flow. Marcia Rogers stated her concerns with safety issues below Linda Vista. Lee McDaniel asked how the public will benefit from the proposed sewer, and expressed doubt that there will be less runoff than at present. She stated the elevations are not architecturally enhanced, and questioned whether Mr. Gearhart has title to the lots. Walter Reil clarified that Navarette Avenue does not have a sewer. Carol Nelson Selby asked about widening the road. Chairperson Beraud closed the Public Comment period. City Engineer Steve Kahn clarified that the sewer would be extended through Navarette and it will be difficult because the road is old and the edges tend to ravel. Jamie Kirk stated the applicant has offered to install a guard rail on Linda Vista to address the safety concerns raised and asked that it be included as a condition of approval. Commissioner Kelley commented that the conflicting report regarding the trees is of concern however, it will be coming back to the Council and can be remedied there. The way the project is now configured will create less of an impact on the neighborhood than if five homes are built as there will be less grading and more open green space. He remarked that the architectural design can be changed to accommodate Commission concerns and that this design has less of an impact than five houses on five lots. Commissioner Fonzi stated she has a problem with the finding that the proposed zone change is consistent with the intent of the General Plan as this project doesn't fit in with the neighborhood because the density is too high for the site. She also cannot make the finding that this is compatible with the existing neighborhood; she can't see it on this site with three story houses and retaining walls and for this reason she cannot support the project. PC Draft Minutes 05/02/06 Page 11 of 13 Commissioner Porter indicated he is in favor of clustering this project, and that the open space easement outweighs the increased density to the site. He believes the drainage situation seems to have been addressed by the engineer and stated that Atascadero is changing and that this is a great way to get to the General Plan infill build -out. He stated that this project has been mitigated and will be monitored, and it will be a good project. Vice Chairperson O'Keefe stated that some elements of the General Plan for this project will be in conflict and there will be conformance with others especially in regard to preserving the contours of the hills and reducing unnecessary grading and preserving trees, however there is the issue of compatibility with the neighborhood. These lots will be developed, but she has a problem with the appearance of the buildings and hopes that additional landscaping will buffer and soften the effect. She indicated that after weighing everything she will vote for approval and that the clustering will create a superior project. Chairperson Beraud stated she was in the same quandary as Vice Chairperson O'Keefe as there are good sides and bad sides to the project, however because of the overwhelming lack of support from the community, she cannot support it. MOTION: By Commissioner Kelley and seconded Commissioner Porter to adopt Resolution PC 2006-0041 recommending the City Council certify Proposed Mitigated Negative Declaration 2006- 0014; and, 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 Planed Development Overlay Zone #28 based on findings; and, 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, 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, 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, with the following additional conditions: 1) that a stop sign be put at the intersection of Linda Vista and Navarette, 2) that the guard rail be made a condition at the end of the driveway as volunteered by the applicant, and 3) that the applicant work with city staff on the landscaping design for the entry and for softening of the retaining walls. Motion passed 3:2 by a roll -call vote. (Fonzi, Beraud opposed) Commissioner Fonzi stated for the record that she had voted no because she feels it is incompatible with the neighborhood. PC Draft Minutes 05/02/06 Page 12 of 13 Chairperson Beraud stated for the record that she had voted no because the project is incompatible with neighborhood. COMMISSIONER COMMENTS AND REPORTS Vice Chairperson O'Keefe asked about the pre construction meeting that was to take place for the tree removal on Ferrocaril. Community Development Director Warren Frace stated that there was no pre construction meeting; they are done on larger more complicated projects, but he doesn't have staff time to do them on all projects. Chairperson Beraud requested that when the tree inventory is brought back to the Commission there be a discussion on how to apply the information. Director Frace indicated that this would be a good opportunity for such a discussion that that this will be a good tool for decision making. Commissioner Kelley asked about the intersection of EI Camino and Del Rio Road. Director Frace explained that a joint Planning Commission/City Council workshop has been scheduled for May 30th with the applicant for the Annex Project. Currently nothing has been submitted, but the purpose of the meeting is to make a formal presentation of the proposed project, the scope of the project and hopefully who the tenants will be. DIRECTOR'S REPORT Director Frace spoke about the Annex project meeting and reviewed the next Planning Commission agenda. Director Frace introduced new planner Callie Ford who was in the audience. ADJOURNMENT Chairperson Beraud adjourned the meeting at 10:53 p.m. to the next regularly scheduled meeting of the Planning Commission on May 16, 2006. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary The following exhibits are available for review in the Community Development Department: Exhibit A - Carol Nelson -Selby, Questions re Linda Vista Project. Exhibit B — Petition from residents of Linda Vista, Navarette, Alta Vista. PC Draft Minutes 05/02/06 Page 13 of 13 ITEM NUMBER: 2 DATE: 5-16-06 Atascadero Planning Commission Staff Report - Community Development Department Final Map Acceptance Final Map 2005-0127 (Parcel Map ATAL 04-0124) [LLA 2004-0061] 8350 and 8380 Atascadero Avenue (Costanzo/Millar/Switzer / Vaughan Surveys) RECOMMENDATION: Staff recommends.- Planning ecommends: Planning Commission accept Final Map 2005-0127 (Parcel Map ATAL 04-0124) DISCUSSION: Community Development staff approved Preliminary Lot Line Adjustment 2004-0061 allowing the realignment of the property boundary between 8350 and 8380 Atascadero Avenue. The Lot Line Adjustment is an equal area exchange to insure that the lots do not become more non -conforming in the RSF-Y Residential Zoning District. Pursuant to California Government Code Section 66440 the approving legislative body (Planning Commission) cannot deny a final map that is consistent with an approved preliminary map. The legislative body is also required to accept, accept subject to improvement or reject, on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. There are no offers of dedication on this map. Staff has determined that the Final Parcel Map is consistent with the approved preliminary Lot Line Adjustment Map. PREPARED BY: Kerry Margason, Associate Planner ATTACHMENTS: Exhibit A: Final Lot Line Adjustment Map 2005-0127 (Parcel Map ATAL 04-0124) \\Cityhall\cdvlpmnt\- LLA - Lot Line Adjustments\LLA 04\LLA 2004-0061 8350 and 8380 Atascadero Ave\FMP 2005-0127 Staff Report.doc 5-16-2006 FMP 2005-0127 Exhibit A Final Map 2005-0127 (Parcel Map ATAL 04-0124) 8350 and 8380 Atascadero Avenue Costa nzo/Millar/Switzer -Vaughan Surveys ITEM NUMBER: 2 agaqgqg R`gi . �. r lr 5-16-2006 FMP 2005-0127 ITEM NUMBER: 3 DATE: 5-16-06 Planning Commission Staff Report Consent Agenda Time Extension TTM 2004-0047 11555 Halcon Road (R.W. Hertel & Sons, Inc.) SUBJECT: Consideration of a one-year Time Extension for Tentative Tract Map TTM 2004-0047. RECOMMENDATION: Staff Recommends: Adopt Resolution PC 2006-0048, thereby approving a one-year Time Extension of Tentative Parcel Map 2004-0047 in compliance with Sections 11-4.23(a) and 11-4.33(b) of the Subdivision Ordinance. SITUATION AND FACTS: 1. Applicant: R.W. Hertel & Sons, Inc. P.O. Box 4013, San Luis Obispo, CA 93403 2. Owner: Atascadero Townhomes LLC & Woodlands Atascadero LLC 3. Project Address: 11555 Halcon Rd. Atascadero, CA 93422 APNs: 045-411-001, 045-412-001, 045-311-001, 045-401-015, 045-401-016 4. General Plan Designation: High Density Residential (HDR) 5. Zoning District: Specific Plan No. 1 (SP -1) 6. Site Area: 9.52 acres (Combined) 7. Existing Use: Multi -family 8. Environmental Status: Certified Mitigated Negative Declaration prepared for the Woodlands Specific Plan. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 04\TTM 2004-0047 Woodridge Mult Family Tr 2608\Time extensions\TTM 2004-0047.PC staff report.doc ITEM NUMBER DATE: 5-16-06 DISCUSSION: Background: A proposed subdivision of lots one and two of Tract 2525-1, a 9.52 -acre lot (combined) into individual parcels with 35 townhomes and 100 apartments. The proposed Tentative Tract Map shall re -number the total lot count to forty-one (41) total lots. Streets shall be part of the common open area and not have separate lot numbers. Lots 36, 37 & 38 shall be common areas and lots 39, 40 & 41 shall be for the apartment lots, subject to staff approval. Approximately 54 acres of open space, which includes oak woodland, preserve, natural grassy areas, trail system, and native revegetated slopes and detention basins shall be preserved and maintained by the applicant with establishment of long-term maintenance agreement by the Home -Owners Association, Public Facilities Maintenance Assessment District, or other city -approved mechanism. The property will utilize the City's wastewater facilities and Atascadero Mutual Water Company will provide water services. Native oak trees are proposed for removal. 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 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 May 18, 2004 May 18, 2006 Time Extension 1 Applied 4/10/06 May 16, 2006 May 18, 2007 CONCLUSION: The City Council found the proposed subdivision map, the 2002 General Plan and Zoning Ordinance and the with the requirements of the Subdivision Ordinance. Commission approve the Time Extension as requested ALTERNATIVES: as conditioned, is consistent with lot configurations are consistent Staff recommends the Planning \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 04\TTM 2004-0047 Woodridge Mult Family Tr 2608\Time extensions\TTM 2004-0047.PC staff report.doc ITEM NUMBER: 3 DATE: 5-16-06 1. The Commission may approve the Time Extension subject to additional or revised project conditions. 2. The Commission may deny the Time Eextension 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 - TTM 2004-0047 Attachment 3 — Approved conditions of approval and mitigation monitoring Attachment 4 — Draft Resolution PC 2006-0048 \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 04\TTM 2004-0047 Woodridge Mult Family Tr 2608\Time extensions\TTM 2004-0047.PC staff report.doc ITEM NUMBER: 3 DATE: 5-16-06 ATTACHMENT 1: Location Map (General Plan / Zoning) TTM 2004-0047 11555 Halcon Rd. Zoning District: Specific Plan No. 1 (SP -1) Land Use Designation: High Density Residential (HDR) \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 04\TTM 2004-0047 Woodridge Mult Family Tr 2608\Time extensions\TTM 2004-0047.PC staff report.doc ITEM NUMBER DATE: 5-16-06 Attachment 3: Conditions of Approval / Mitigation Monitoring TTM 2004-0047 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 11555 Halcon Road BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2004-0047 Permit BP: Building FD: Fire Department PD: Police Permit Department Fl: Final CE: City Engineer Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy Planning Services 1. The approval of this application shall become final, subject to the FM 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 Tract Map shall be valid for two years after FM 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 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 Tract Map shall be subject to additional fees for park or recreation FM PS purposes (QUIMBY Act) as required by City Ordinance. 5. The granting of this entitlement shall apply to the property located at On going PS APN 045-411-001, 045-412-001, 045-311-001, 045-401-015, 045-411- 016 regardless of owner. 6. 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. 7. The subdivider shall defend, indemnify, and hold harmless the City of FM PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 8. The project shall adhere to the maximum density permitted by the FM PS General Plan and Woodlands Specific Plan. 9. The proposed tentative tract map shall re -number the total lot count to FM PS forty-one (41) total lots. Streets shall be part of the common open area and not have separate lot numbers. Lots 36, 37, 38 shall be common areas and lots 39, 40, 41 shall be for the apartment lots, subject to \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 04\TTM 2004-0047 Woodridge Mult Family Tr 2608\Time extensions\TTM 2004-0047.PC staff report.doc ITEM NUMBER DATE: 5-16-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 11555 Halcon Road BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2004-0047 Permit BP: Building FD: Fire PD: PoliceDepartment Permit Department FI: Final CE: City Engineer Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy staff approval 10. Five parking spaces immediately adjacent to the apartment swimming FM PS pool shall be removed in order to expand this open space amenity. At least one of the five spaces shall be relocated on site while the others may be relocated on site or exchanged for motorcycle and bicycle parking per the requirements of municipal code section 9-4.115. The swimming pool, laundry room and tot lot shall be reconfigured to maximize the useful function of each amenity. The tot lot play amenity shall include a commercial -grade swing set, slide, climbing apparatus or similar equipment on a soft surface designed for the safety and enjoyment of young children. The tot lot shall include pedestrian connection from nearby sidewalks and/or housing areas and shall include durable seating arrangements for adults and children. Tot lot shall be landscaped and include shade trees. The tot lot shall be open and accessible and not be fenced. 11. Affordable Deed -Restricted Housing: Affordable residential units shall FM PS be reserved as deed restricted affordable units for a 30 -year period per the Woodlands Specific Plan affordable housing plan. The project shall provide the following: a. Two (2) Very Low Income Apartments; b. Five (5) Low Income Apartments; c. Eight (8) Moderate Income Apartments; d. Nine (9) Moderate Income Town homes; and e. In -lieu fees using 2.5% of the building valuation for five (5) apartment units. All units shall be evenly distributed throughout the multi -family residential complex, subject to staff approval. Building Services 12. A soils investigation prepared by a licensed Geotechnical Engineer FM PS, BS, CE 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 BP FM \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 04\TTM 2004-0047 Woodridge Mult Family Tr 2608\Time extensions\TTM 2004-0047.PC staff report.doc ITEM NUMBER DATE: 5-16-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 11555 Halcon Road BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2004-0047 Permit BP: Building FD: Fire PD: PoliceDepartment Permit Department FI: Final CE: City Engineer Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy 13. A 13 R Sprinkler system will be required BP FM 14. Fire lane signage shall be submitted to the fire department for review BP FM and approval with on and off-site improvement plans. 15. Provide a letter from the Atascadero Mutual Water Company BP FM stating the minimum expected water available to the site. Amount available must meet min. requirement specified in the California Fire Code. 16. Note approved address signage is to be provided. BP BS City Engineer Standard Conditions 17. In the event that the applicant bonds for the public improvements GP, BP CE required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 18. An engineer's estimate of probable cost shall be submitted for GP, BP CE review and approval by the City Engineer to determine the amount of the bond. 19. The Subdivision Improvement Agreement shall record concurrently GP, BP CE with the Final Map. 20. A six (6) foot Public Utility Easement (PUE) shall be provided GP, BP CE contiguous to the property frontage. 21. The applicant shall acquire title interest in any off-site land that may GP, BP CE 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. If, after all reasonable attempts and diligent efforts, the Applicant is still 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. 22. Slope easements shall be obtained by the applicant as needed to GP, BP CE accommodate cut or fill slopes. 23. Drainage easements shall be obtained by the applicant as needed GP, BP CE to accommodate both public and private drainage facilities. 24. A preliminary subdivision guarantee shall be submitted for review in GP, BP CE conjunction with the processing of the tract map. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 04\TTM 2004-0047 Woodridge Mult Family Tr 2608\Time extensions\TTM 2004-0047.PC staff report.doc ITEM NUMBER DATE: 5-16-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 11555 Halcon Road BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2004-0047 Permit BP: Building FD: Fire PD: PoliceDepartment Permit Department FI: Final CE: City Engineer Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy 25. The final map shall be signed by the City Engineer prior to the map GP, BP CE being placed on the agenda for City Council acceptance. 26. Prior to recording the tract map, the applicant shall pay all GP, BP CE outstanding plan check/inspection fees. 27. Prior to recording the map, the applicant shall bond for or complete GP, BP CE all improvements required by these conditions of approval. 28. Prior to recording the tract map, the applicant shall bond for or 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. 29. Prior to recording the tract map, the applicant shall submit a map GP, BP CE drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 30. All existing and proposed utility, pipeline, open space, or other GP, BP CE easements are to be shown on the final/parcel map. If there are building or other restrictions related to the easements, they shall be noted on the final/parcel map. The applicant shall show all access restrictions on the final/parcel map. 31. Prior to recording the tract map, the applicant shall have the map GP, BP CE reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 32. Prior to the issuance of building permits the applicant shall submit GP, BP CE 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 Drainage: GP, BP CE 33. Provide for the detention and metering out of developed storm runoff so that it is equal to or less than undeveloped storm runoff. 34. Drainage basins shall be designed to desilt, detain and meter storm GP, BP CE flows as well as release them to natural runoff locations. 35. The drainage basins shall be landscaped with native plantings. GP, BP CE 36. A mechanism for funding and maintenance of the storm drain GP, BP CE facilities shall be provided. 37. Show the method of dispersal at all pipe outlets. Include GP, BP CE specifications for size & type. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 04\TTM 2004-0047 Woodridge Mult Family Tr 2608\Time extensions\TTM 2004-0047.PC staff report.doc ITEM NUMBER DATE: 5-16-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 11555 Halcon Road BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2004-0047 Permit BP: Building FD: Fire PD: PoliceDepartment Permit Department FI: Final CE: City Engineer Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy 38. Show method of conduct to approved off-site drainage facilities. GP, BP CE 39. Concentrated drainage from off-site areas shall be conveyed GP, BP CE 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 cannot be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. 40. Applicant shall submit erosion control plans and a Storm Water GP, BP CE Pollution Prevention Plan (SWPPP). The Regional Water Quality Control Board shall approve the SWPPP. General: 41. Prior to final map recordation, the applicant shall provide a GP, BP CE homeowners association or other approved mechanism for repair and maintenance of private streets, landscaping, drainage facilities, and other onsite facilities as necessary, 42. Prior to final map recordation, CC&R's shall be reviewed and GP, BP CE approved by the City Engineer and City Attorney. Traffic Mitigation: 43. The following off-site traffic mitigations shall be the responsibility of GP, BP CE the project, if this project is constructed prior to Tract 2525-1 (Woodridge): A. Santa Barbara Road/EI Camino Real: Install Traffic Signal / Widen Intersection This is required to be installed prior to occupancy of the first unit. The design and construction costs for the signal, widening, and any and all other improvements to this intersection and surrounding area, will be counted as credit toward the Traffic Impact Fee. B. Halcon Road/Via Camino: dedicated westbound right and left turn lanes This is required to be installed prior to the occupancy of the first unit. The improvement is the sole responsibility of this development. C. Provide 3 -way stop at Halcon Road/Project Entrance Public Improvements \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 04\TTM 2004-0047 Woodridge Mult Family Tr 2608\Time extensions\TTM 2004-0047.PC staff report.doc ITEM NUMBER DATE: 5-16-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 11555 Halcon Road BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2004-0047 Permit BP: Building FD: Fire PD: PoliceDepartment Permit Department FI: Final CE: City Engineer Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy 44. The route for the project entrance down Halcon Road, south bound GP, BP CE on Via Camino to Santa Barbara Road, west bound on Santa Barbara Road to EI Camino Real shall be improved as follows: • Widen, stripe and improve the route to Engineering Standard 403 Type A "Rural Collector". • Repair and overlay the road surface with a minimum of two inch of asphalt surface. • Existing AC paving and base sections may remain in place except for isolated, specific, localized repairs. 45. All public improvements shall be constructed in conformance with GP, BP CE the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer 46. The intersection of EI Camino Real and Santa Barbara shall be fully GP, BP CE improved to include a traffic signal. This work shall be 100% Traffic Impact Fee credit eligible. 47. Pedestrian facilities shall be constructed to connect the project to GP, BP CE Paloma Park. This shall include a safe pedestrian crossing, a paved path and pedestrian bridge across Paloma Creek. 48. A Class II bike path shall be installed to connect the project to EI GP, BP CE Camino Real. The bike path may consist of a Class I bike path through Paloma Park. 49. A mechanism to provide for the funding of maintenance for GP, BP CE lighting, street improvements, special paving surfaces, sewer, storm drain, common area landscape, open space, and hardscape shall be provided. Wastewater 50. No sewer system currently exists in proposed project area. Should GP, BP CE Atascadero Woodlands be the first development to require connection to the new sewer system mainline extension, the developer of the Woodlands will be responsible for the financing and construction of the mainline from the treatment plant to the Woodland's point of connection. 51. The mainline shall be built with sufficient capacity to accommodate GP, BP CE the flow from City Wastewater Pumping Station # 12, development within the Paloma Creek Sanitary Sewer Service Basin bordered by State Highway 101 to the west, the Southern Pacific Railroad to the east, Santa Barbara Road to the south and San Diego Way, Viejo Camino and Halcon Road to the North West plus enough reserve capacity for anticipated future development. 52. The City, upon diverting flow from Wastewater Pumping Station GP, BP CE #12 and landowners within the Paloma Creek Sanitary Sewer Service that are allowed to or required to connect to this extension within fifteen 15 ears, shall be responsible for reimbursing the \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 04\TTM 2004-0047 Woodridge Mult Family Tr 2608\Time extensions\TTM 2004-0047.PC staff report.doc ITEM NUMBER DATE: 5-16-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 11555 Halcon Road BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2004-0047 Permit BP: Building FD: Fire PD: PoliceDepartment Permit Department FI: Final CE: City Engineer Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy Woodlands developer proportionate to their rate of use. The City's reimbursement total shall be adjusted by the amount the Wastewater Fund has previously expended on the Paloma Creek sanitary sewer service basin project and may be in the form of Wastewater Fee Credits. 53. A mechanism must be provided to fund the maintenance of all GP, BP CE sewer mains throughout the project area. 54. Site improvement plans shall include plan and profile of proposed GP, BP CE sewer for review and approval prior to construction. 55. Onsite SS facilities shall be privately owned and maintained, and GP, BP CE shall be labeled as "Private Sewer" on the plan view. 56. Applicant shall pay sewer Extension (Annexation), Connection and GP, BP CE Reimbursement fees (if applicable) upon issuance of building permit. 57. Gravity mains within the subdivision shall be eight (8) inches in GP, BP CE diameter. 58. Drainage piping serving fixtures which have flood level rims located GP, BP CE 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. 59. All sanitary sewer (SS) Mains shall terminate in manholes unless GP, BP CE extension of the main, at some later date, is anticipated. If extension of a SS Main is anticipated, said SS Main may terminate in a cleanout providing the next downstream manhole is less than 300 linear feet from the cleanout and that the point of termination is not a reasonable location for a SS Main angle point or intersection 60. Record as -built plan and profile drawings of the SS system and GP, BP CE facilities shall be submitted to the City Engineer within six (6) months of project completion Atascadero Mutual Water Company 61. Before recordation of the final map, the applicant shall submit plans BP BS to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All new water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross -connection devices shall conform to AWWA and California Department of Health Services standards. 62. Before the start of construction on the water system improvements, BP BS the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 04\TTM 2004-0047 Woodridge Mult Family Tr 2608\Time extensions\TTM 2004-0047.PC staff report.doc ITEM NUMBER DATE: 5-16-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 11555 Halcon Road BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2004-0047 Permit BP: Building FD: Fire PD: PoliceDepartment Permit Department FI: Final CE: City Engineer Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy 63. Before issuance of building permits, the applicant shall obtain a BP BS "Will Serve" letter from AMWC for the newly created lots within the subdivision. 64. The water mains required to serve the project shall be laid out in a BP BS grid or looped pattern and shall connect to the existing water mains system in Halcon Rd. and Alondra Rd 65. The applicant shall obtain a separate landscape -irrigation meter BP BS from AMWC for the common areas within the project. Landscaping for common areas shall be drought -tolerant. 66. Before the issuance of building or permits, the applicant shall BP BS provide AMWC with easements for those water facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 67. Applicant shall submit a hydraulic analysis with the first plan check BP BS submittal of the water system improvements for the project. The analysis should take into account the fire flows required by the Uniform Fire Code and requirements of the California Waterworks Standards. The Analysis should identify any offsite improvements that may be required. 68. The applicant is responsible for designing and constructing water BP BS system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. Woodlands Specific Plan Mitigation Measures AESTHETICS: BP PS, BS, CE 1.c.1 Mitigation Measure 1.c.1: The following landscape mitigations shall apply: ■ Landscaping shall be provided to reduce visual impacts and enhance neighborhood design. Where feasible, existing native vegetation shall be left undisturbed. Impacts to the natural landscape, including open space, oak woodlands, and naturalized grasslands, shall be minimized and revegetated with native species. ■ The project shall include landscaping of all common areas, including slopes, streetscapes, residential front yards, and street trees. ■ The project shall include entryway feature landscaping, median and parkway landscaping, multi -family common area landscaping, and trail staging area. ■ The proposed development shall provide a range of architectural styles consistent with the existing semi -rural character of Atascadero. ■ Approximately 54 acres of open space, which includes oak woodland, reserve, natural grassy areas, trails stem, and native reve etated \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 04\TTM 2004-0047 Woodridge Mult Family Tr 2608\Time extensions\TTM 2004-0047.PC staff report.doc ITEM NUMBER DATE: 5-16-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 11555 Halcon Road BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2004-0047 Permit BP: Building FD: Fire PD: PoliceDepartment Permit Department FI: Final CE: City Engineer Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy slopes and detention basins shall be preserved and maintained by the applicant with establishment of long-term maintenance agreement by the home -owners association, public facilities maintenance assessment district, or other city -approved mechanism. ■ Street trees shall be 15 -gallon size, double -staked and installed prior to occupancy of each unit. Street trees shall be selected to provide shade over paved areas and pedestrian pathways, reduce urban heat buildup, improve air quality, and provide visual unity to the streetscape. Mitigation Measure 1.c.2: The proposed development shall include the use BP PS, BS, CE 1.c.2 of earth -tone paint and roof colors designed to blend with the surrounding neighborhood and reduce the potential for reflected light and glare. Mitigation Measure 1.c.3: If the proposed project entry feature is BP PS, BS, CE 1.c.3 constructed, it shall include an externally illuminated natural stone -faced masonry wall with individual metal lettering and native planting at the base of the wall. Street lighting shall be low level, earth toned, and located in accordance with the site amenities plan. Mitigation Measure 1.c.4: Within the SFR -1 and SFR -2 Zoning District, BP PS, BS, CE 1.c.4 landscaping shall be included for private front yards as well as private rear yards with slopes exceeding ten (10) feet in height. Front yard landscaping shall be installed prior to occupancy of the units. In order to minimize the visual impact of fencing up and across tall uphill sloping rear yards, semi- transparent hillside fencing shall be installed consistent with the Specific Plan Hillside Fencing Standards. Mitigation Measure 1.c.5: Common area landscaping and gate/entry BP PS, BS, CE 1.c.5 landscaping features in the SFR -3 zoning district shall include natural stone - faced masonry material and individual metal lettering if signage is required, and native entry planting. Entry trees shall be selected to provide shade over paved areas and pedestrian pathways, reduce urban heat buildup, improve air quality, and provide visual unity to the streetsca e. Mitigation Measure 1.c.6: Site development standards include landscaping BP PS, BS, CE 1.c.6 and fencing improvements for the SC -1 zoning district shall be compatible with the same underlying esthetic principles of the residential development and as follows: • Development shall avoid removal of existing native oak trees. ■ Development shall avoid impact to native oak trees, as feasible. ■ Grading into the hillside shall be minimized in order to reduce aesthetic impacts and native tree impacts. • Site development shall include a minimum 10 -foot wide native landscape planter between Halcon Road and any required perimeter fencing or wall parallel to Halcon Road. On-site native landscape screening shall also be provided parallel to the adjacent railroad tracks. ■ Any proposed perimeter fence or wall shall be of high quality design and of a material compatible with the design intent of the project Specific Plan. ■ Exterior lighting shall be minimal as described in condition 1.d.1. ■ Identification signage shall be incorporated into the project entry landscape in style and compatibility with the proposed project. Any sign lighting shall be low-level external lighting. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 04\TTM 2004-0047 Woodridge Mult Family Tr 2608\Time extensions\TTM 2004-0047.PC staff report.doc ITEM NUMBER DATE: 5-16-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 11555 Halcon Road BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2004-0047 Permit BP: Building FD: Fire PD: PoliceDepartment Permit Department FI: Final CE: City Engineer Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy Mitigation Measure 1.c.7: The Specific plan includes a range of architectural BP PS, BS 1.c.7 styles consistent with the existing semi -rural character of Atascadero. The architectural styles of the plan shall include Craftsman, Traditional, Monterey Ranch, California and Bungalow as conceptually illustrated within the Plan. Mitigation Measure 1.d.1: Exterior street lighting shall be limited to BP PS, BS, CE 1.d.1 intersection and parking lot locations and be designed to eliminate any off site glare. All street and parking lot exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. All other pedestrian luminaire pole heights shall not exceed 12 feet in height, and all street and parking lot lighting shall not exceed 16 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and shall otherwise be within a range of 0.6 foot candle minimum to 1.0 maximum. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. All light pole and fixture styles shall be consistent with the Specific Plan conceptual site amenities plan. In addition, individual exterior home -owner lighting shall be restricted through CC&R's and individual lot deed -restriction to prohibit high-intensity lighting in excess of one -foot candle, and shall be limited in fixture height to 10 feet, and shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. AIR QUALITY: BP, GP PS, BS, CE 3.b Mitigation Measure 3.b: Each development phase shall be conditioned to comply 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 construction truck trips during non -peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 04\TTM 2004-0047 Woodridge Mult Family Tr 2608\Time extensions\TTM 2004-0047.PC staff report.doc ITEM NUMBER DATE: 5-16-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 11555 Halcon Road BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2004-0047 Permit BP: Building FD: Fire PD: PoliceDepartment Permit Department FI: Final CE: City Engineer Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy ■ Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 BP,GP PS, BS, CE 3.b 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 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 wash off trucks and equipment before 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. BIOLOGICAL RESOURCES: BP, GP PS, BS 4.a.1 Mitigation Measure: 4.a.1: The applicant shall employ a qualified wildlife biologist to conduct on-site focused surveys for the burrowing owl immediately prior to site disturbance. Results shall be submitted to the City of Atascadero and CDFG if necessary. If this species is found during the survey, site work shall not proceed without specific direction from the CDFG. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 04\TTM 2004-0047 Woodridge Mult Family Tr 2608\Time extensions\TTM 2004-0047.PC staff report.doc ITEM NUMBER DATE: 5-16-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 11555 Halcon Road BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2004-0047 Permit BP: Building FD: Fire PD: PoliceDepartment Permit Department FI: Final CE: City Engineer Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy If the burrowing owl is noted to be present within proposed development areas during the above-mentioned survey, the CDFG may not allow construction/site disturbance to proceed until the owl(s) have vacated the burrow. Mitigation Measure: 4.a.2: To avoid a take of active raptor nests, all BP, GP PS, BS 4.a.2 necessary tree removals should be conducted between mid-September and mid-February, outside of the typical breeding season. If tree removals are determined to be necessary during the typical breeding season, a qualified biologist prior to proposed development activities should conduct a raptor nest survey. The results of the raptor nest survey should then be submitted to CDFG, via a letter report. If the biologist determines that a tree slated for removal is being used for nesting at that time, disturbance should be avoided until after the young have fledged from the nest and achieved independence. If no nesting is found to occur, necessary tree removal could then proceed. Mitigation Measure: 4.a.3: To the extent feasible, avoid all ground BP, GP PS, BS 4.a.3 disturbance activities within woodland and grassland habitats during the typical breeding and nesting period for Loggerhead shrike. Breeding and nesting of this species may commence as early as March, and extends into July and August. If construction activities cannot be avoided during the typical breeding season, retain a qualified biologist to conduct a pre - construction survey to determine presence/absence of nesting loggerhead shrike, and other special -status species with potential to nest in the various habitats of the Woodland property. If no breeding or nesting activities are detected near the proposed work areas, construction activities may proceed. If active nests are found within proposed work areas, construction should be avoided until after the young have fledged from the nest and achieved independence, or upon approval from CDFG. Mitigation Measure: 4.a.4: To avoid direct disturbance of individual Pallid BP, GP PS, BS 4.a.4 Bats, retain a qualified wildlife biologist to inspect larger trees for the bats as well as other bat species, prior to tree removal. If a specific tree is found to occupy bats, the planned tree removal shall not proceed without direction from the CDFG. Tree removal should only be conducted after the bats have dispersed and under the supervision of a qualified wildlife biologist. Mitigation Measure: 4.a.5: The applicant shall employ a qualified wildlife BP, GP PS, BS 4.a.5 biologist to conduct on-site focused surveys for American badger immediately prior to site disturbance. Results of the survey shall immediately be submitted to the City Of Atascadero, and CDFG as necessary. If active burrows of this species are found within proposed development areas during the survey, site work shall not proceed without direction from CDFG. If American badger is noted to be present within proposed development areas during the above-mentioned survey, construction/site disturbance should not proceed until the animal has vacated the identified burrow. Mitigation Measure: 4.b.1: Prior to final design, the precise locations of the BP, GP PS, BS 4.b.1 \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 04\TTM 2004-0047 Woodridge Mult Family Tr 2608\Time extensions\TTM 2004-0047.PC staff report.doc ITEM NUMBER DATE: 5-16-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 11555 Halcon Road BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2004-0047 Permit BP: Building FD: Fire PD: PoliceDepartment Permit Department FI: Final CE: City Engineer Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy ephemeral drainages should be surveyed to determine the extent to which these drainages will be disturbed by proposed construction. Mitigation Measure: 4.b.2: To minimize the potential for indirect GP PS, BS, CE 4.b.2 disturbances of drainages located both on-site and off-site, implement appropriate erosion control measures during construction and limit ground disturbance activities to dry weather to avoid increased surface water runoff and erosion on site, and sedimentation in nearby drainages. Install appropriate erosion control devices down-slope of each construction zone and areas experiencing disturbance of the ground surface. Erosion control devices should be checked on a daily basis to ensure proper function. Mitigation Measure 4.e.1: The 54 acres of proposed opens space shall be GP PS, BS 4.e.1 dedicated to permanent open space with uses restricted to recreation as identified in the Specific Plan, including tot lot location, interpretive trails, trail staging, fencing, and required management/maintenance for fire prevention, public health and safety, and pedestrian trail access. Mitigation Measure 4.e.2: All native trees removed (currently estimated at GP PS, BS 4.e.2 1,321) shall be replaced and maintained to establishment by planting trees from the arborist's approved list on a one to one ratio. In addition to the replacement trees, the applicant shall plant a minimum of 20 Foothill Pine trees in appropriate open space locations. Replanting plans shall be part of the subdivision tract improvements. Mitigation Measure 4.e.3: The project shall comply with the City of GP PS, BS 4.e.3 Atascadero native Tree Ordinance with payment into the native tree fund of $155,350 and replanting of 1,321 five -gallon size native trees, or a combination of five -gallon and larger size trees credited per the native tree ordinance. The fund payment and number of trees planted may vary but shall be compliant with the tree preservation ordinance. Mitigation Measure 4.e.4: The developer shall contract with a certified BP, GP FO, BP, GP, 4.e.4 arborist during all phases of project implementation. The certified arborists FI 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, and the 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. The root zone equals 1 - foot radius for every 1 inch of tree trunk diameter. For any trees requiring tree trunk protection, 2" x 4" x 8 foot boards shall be wired together and placed around the tree trunk. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 04\TTM 2004-0047 Woodridge Mult Family Tr 2608\Time extensions\TTM 2004-0047.PC staff report.doc ITEM NUMBER DATE: 5-16-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 11555 Halcon Road BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2004-0047 Permit BP: Building FD: Fire PD: PoliceDepartment Permit Department FI: Final CE: City Engineer Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy (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 1/4 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 of any development phase 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.5: The building permit site plan shall identify all BP, GP PS, BS 4.e.5 protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan, dated 2/27/03. Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan and/or as recommended by the project arborist. Mitigation Measure 4.e.6: The following cut & fill slope restoration is BP, GP PS, BS 4.e.6 required : ■ Refer to tree protection plan dated 2/27/03 for planting specifications, sequence and procedures. ■ Temporary plant irrigation shall be installed to adequately water plantings for a period of not less than three years. ■ All cut and fill slopes shall be hydro mulched with a California native blend of flowers and grasses, subject to City approval. ■ Tree species shall include: Quercus agrifolia, Quercus douglasii, Quercus lobata, Umbellularia californica, Platnus racemosa, and Pinus sabiniana. ■ Shrubspecies shall include Heteromeles arbutifloia, Rhamnus \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 04\TTM 2004-0047 Woodridge Mult Family Tr 2608\Time extensions\TTM 2004-0047.PC staff report.doc ITEM NUMBER DATE: 5-16-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 11555 Halcon Road BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2004-0047 Permit BP: Building FD: Fire PD: PoliceDepartment Permit Department FI: Final CE: City Engineer Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy californica, ■ Prunus ilicifolia, and Ceanothus 'Dark Star'. CULTURAL RESOURCES: GP BS 5.b.1 Mitigation Measure 5.b.1: Should any cultural resources be unearthed during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. GEOLOGY AND SOILS: GP PS, BS, CE 6.b.1 Mitigation Measure 6.b.1: The project shall incorporate the recommendations contained within the Geo Solutions soils report dated 11/3/02. GP PS, BS, CE 6.b.2 Mitigation Measure 6.b.2: The Building Permit Application 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.3: All cut and fill slopes shall be treated with an GP PS, BS, CE 6.b.3 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 site-specific soils report shall be required to be BP, GP PS, BS, CE 6.c.d submitted with future building permits for each development phase 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. HAZARDS AND HAZARDOUS MATERIALS: TO, FI PS, BS, FD 7.h Mitigation Measure 7.h: Due to the site location within an oak woodland area, the project shall include an ongoing maintenance program that will clear combustible debris and vegetation from structures within any public or private open space areas per the City of Atascadero Fire Department standards. The project applicant, shall provide the initial maintenance, and the ongoing maintenance responsibility shall be incorporated into the establishment of a long-term maintenance agreement by the homeowners association, CC&R's, public facilities maintenance assessment district, or other city -approved mechanism. HYDROLOGY AND WATER QUALITY: GP PS, BS, CE 8e.f.1 Mitigation Measure 8e.f.1: A Storm Water Pollution Prevention Plan SWPPP /Erosion Control Plan shall be submitted by the applicant and \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 04\TTM 2004-0047 Woodridge Mult Family Tr 2608\Time extensions\TTM 2004-0047.PC staff report.doc ITEM NUMBER DATE: 5-16-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 11555 Halcon Road BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2004-0047 Permit BP: Building FD: Fire PD: PoliceDepartment Permit Department FI: Final CE: City Engineer Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy approved by the RWQCB and 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 GP PS, BS, CE 8.e.f.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 orders. Mitigation Measure 8.e: The proposed storm drain system, including the GP, BP BS, CE 8.e on-site drainage basins, shall be designed per the City of Atascadero Engineering standards, subject to review and approval of the City Engineer. LAND USE: BP PS 9 Mitigation Measure 9: Approval of a Conditional Use Permit with a Master Plan of Development shall be required for the multi -family development with a finding for exceptionally high design and construction quality prior to application for the nine multi -family bonus units. NOISE: GP, BP PS, BS, CE 11.a.b.1 Mitigation Measure 11.a.b.1: The dwelling units shall be oriented so that the building construction may act as a noise barrier on the east side of the proposed Woodlands development, specifically for lots 124-143, in order to intercept transportation noise from Union Pacific Railroad, as feasible. Mitigation Measure 11.a.b.2: Soffit vents, eave vents, dormer vents and BP PS, BS, CE 11.a.b.2 other wall and roof penetrations shall be located on the walls and roofs facing away from the noise source wherever possible. Mitigation Measure 11.a.b.3: The walls of critical living spaces, such as living BP PS, BS, CE 11.a.b.3 rooms, lounges, bedrooms, dens, and habitable spaces on second floors of dwelling units nearest the noise source shall have wall construction with an S.T.C. (Sound Transmission Class) rating of 30 or greater. Common acoustic leaks, such as electrical outlets, pipes, vents, ducts, flues and other breaks in the integrity of the wall, ceiling or roof construction on the side of the dwellings nearest transportation noise sources shall receive special attention during construction. All construction openings and joints on the walls on the noise facing side of the site shall be insulated, sealed and caulked with a resilient, non -hardening caulking material. All such openings and joints shall be airtight to maintain sound isolation. Mitigation Measure 11.a.b.4: To meet the interior LDN 45 DBA BP PS, BS, CE 11.a.b.4 requirements, windows for critical habitable spaces and for habitable spaces in a second floor of affected units facing the noise source shall be a double - glazed construction with one light of laminated glass, and installed in accordance with the recommendations of the manufacturer. The windows shall be fully gasketed, with an S.T.C. rating of 30 or better, as determined in \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 04\TTM 2004-0047 Woodridge Mult Family Tr 2608\Time extensions\TTM 2004-0047.PC staff report.doc ITEM NUMBER DATE: 5-16-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 11555 Halcon Road BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2004-0047 Permit BP: Building FD: Fire PD: PoliceDepartment Permit Department FI: Final CE: City Engineer Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy testing by an accredited acoustical laboratory. Mitigation Measure 11.a.b.5: All construction activities shall comply with the BP, GP PS, BS, CE 11.a.b.5 City of Atascadero Noise Ordinance for hours of operation. Failure to comply with the noise ordinance may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director, and in addition to penalties identified in the Ordinance. PUBLIC SERVICES: (Refer to Conditions 27 and 28) PS 13 Mitigation Measure 13: A draft Fiscal Impact Report and fiscal impact recommendations to reduce any fiscal impacts to an insignificant level related to the proposed project is being prepared in consultation with City staff and shall be available for public review prior to consideration at both the Planning Commission and City Council public hearings. Recommendations shall be reviewed by the Planning Commission and finalized in precise terms by the City Council to assure all project -related impacts are identified and mitigated prior to project approval. RECREATION: BP PS, BS 14 Mitigation Measure 14: The project shall include an additional tot lot within the proposed multi -family zoning designation. Both the staging area and multi -family tot lots shall at a minimum include different variations of commercial -grade swing set, slide, climbing apparatus or similar equipment on a soft surface surrounded by decorative theme fencing designed for the safety and enjoyment of young children. The tot lots shall include pedestrian connection from nearby sidewalks and/or housing areas and shall include durable seating arrangements for adults and children. Tot lots shall be landscaped and include shade trees be planted within and around each tot lot. TRANSPORTATION/TRAFFIC: BP, CE PS, CE 15.1 Mitigation Measure 15.1: Prior to Planning Commission and City Council formal public hearing for the proposed project: 1. City Engineer shall review and approve project circulation impacts recommended mitigation measures (as recommended by Omni -Means traffic study and the City Engineer) and equitable share. No turning restrictions shall be applied to the San Antonio/Santa Barbara intersection as project -specific mitigation. Refer to project Condition #63 or TTM #49 for specific measures. 2. Project mitigation measures and phasing schedule for the construction of the improvements shall be reviewed and approved by the City Engineer. Mitigation Measure 15.2: Per the Atascadero Municipal Code 9.4160 (a) BP, CE PS, CE 15.2 (Streets), "The project shall also provide well -paved city standard access roads from a collector or arterial to the subdivision and repair existing under - paved or poor -condition interior or frontage roads". The General Plan Circulation Element lists the route of Halcon Road/Viejo Camino/Santa Barbara Road to EI Camino Real as a circulation improvement needed. Based on these sections of the municipal code and the General Plan, this project shall be required to perform the following improvements on the route \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 04\TTM 2004-0047 Woodridge Mult Family Tr 2608\Time extensions\TTM 2004-0047.PC staff report.doc ITEM NUMBER DATE: 5-16-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 11555 Halcon Road BL: Business License Services BS: Building Multi -Family Development - Master Plan of Development GP: Grading Services TTM 2004-0047 Permit BP: Building FD: Fire PD: PoliceDepartment Permit Department FI: Final CE: City Engineer Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy from the project entrance to EI Camino Real: ■ Widen, stripe, and improve the route to Engineering Standard 403 "Rural Collector". ■ Overlay the route with two-inch minimum asphalt surface. Mitigation Measure 15.3: The project shall provide a Class II bicycle lane to BP, CE PS, CE 15.3 connect the development to the existing bicycle routes at EI Camino Real/Viejo Camino. UTILITIES AND SERVICE SYSTEMS: BP, GP PS, BS, CE, 16.1 CA Mitigation Measure 16.1: Development with the project site area shall require connection to the City's future sewer system mainline extension included in the City's Sewer Master Plan. The applicant shall design and install the on-site mainline. For reimbursement and maintenance, refer to the project Specific Plan implementation section. The extension will run from the sewer treatment plant south to Halcon Road. The mainline shall be designed and built with capacity to accommodate development with the proposed project as well as new development in the area and existing uses as identified by the City of Atascadero. The proposed line serving development along the easterly project site will require a private on-site wastewater (duplex pumps) pumping station. Provisions for the repair and maintenance of the pump station shall be included in the project CC&R's, subject to the City Engineer and City Attorney approval. Design criteria for the sewer collection system shall conform to the City of Atascadero Standards Mitigation Measure 16.2: Per the implementation section of the project BP, GP PS, BS, CE 16.2 Specific Plan, the applicant shall be required to: ■ Pay for the backbone infrastructure and community facilities that are required to serve the project site. ■ The developer shall pay school fees prior to certificate occupancy. ■ A project area Public Facilities Maintenance Assessment District shall be formed for the collection of assessment fees to finance the maintenance of all public facilities in the project area. Funds will be collected by the County Tax Collector and distributed to the City biannually. The City shall administer the funds and provide or contract for all maintenance activities. Mitigation Measure 16.3: Development within the proposed project shall BP, GP PS, BS, CE 16.3 conform to all existing City of Atascadero standards set forth in the City's General Plan, Zoning Ordinance, Municipal Code, and Public Works Standards unless otherwise specified in the Specific Plan. Each phase of project development shall pay all required fees established by the City, including permit, school, plan check and impact fees, to mitigate all off site facilities impacts anticipated under the General Plan. A fiscal impact report is being prepared by David Taussig & Associates to evaluate the proposed project impacts on City services and shall be available prior to Planning Commission and City Council formal public hearing and project consideration or approval. Recommendations shall be reviewed by the Planning Commission and finalized in precise terms by the City Council to assure all project -related impacts are identified and mitigated prior to project approval. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 04\TTM 2004-0047 Woodridge Mult Family Tr 2608\Time extensions\TTM 2004-0047.PC staff report.doc ITEM NUMBER DATE: 5-16-06 \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 04\TTM 2004-0047 Woodridge Mult Family Tr 2608\Time extensions\TTM 2004-0047.PC staff report.doc ITEM NUMBER: 3 DATE: 5-16-06 ATTACHMENT 3: Draft Resolution PC 2006-0048 TTM 2004-0047 11555 Halcon Rd. DRAFT RESOLUTION NO. PC 2006-0048 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 2004-0047,11555 Halcon Rd., R.W. HERTEL & SONS) WHEREAS, an application has been received from the applicant and property owner, R. W. Hertel & Sons, Inc., proposes a project consisting of a multi -family apartment and condominium development located at 11555 Halcon Road which establishes 35 airspace condominium units, 3 condominium common lots, and 3 apartment lots consistent with a Master Plan of Development (CUP 2004-00123); and, WHEREAS, the Planning Commission approved a Tentative Tract Map on May 18, 2004; and WHEREAS, the Planning Commission considered the proposed one year time extension at a meeting held May 16, 2006, setting the expiration date to May 18, 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 2004-0047, to expire on May 18, 2007. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 04\TTM 2004-0047 Woodridge Mult Family Tr 2608\Time extensions\TTM 2004-0047.PC staff report.doc ITEM NUMBER DATE: 5-16-06 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 04\TTM 2004-0047 Woodridge Mult Family Tr 2608\Time extensions\TTM 2004-0047.PC staff report.doc ITEM NUMBER: 4 DATE: 5-16-06 Atascadero Planning Commission Staff Report - Community Development Department Tree Removal Permit TRP 2006-0087 (13750 Old Morro Road /McMahan) SUBJECT: A request to remove forty-eight existing native trees totaling 631 inches dbh for the construction of a single-family residence and its access driveway. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2006-0050 to approve the request to remove forty-eight native oak trees subject to the guidelines and mitigation required by the Atascadero Municipal Code and Native Tree Ordinance. SITUATION AND FACTS: 1. Applicant/Owner: Scott McMahan, P.O. Box 6162, Los Osos, CA 93412 2. Certified Arborist: A&T Arborists, P.O. Box 1311, Templeton, CA 93465 3. Project Address: 13750 Old Morro Road, Atascadero, CA 93422 APN: 055-251-006 4. General Plan Designation: Residential Estate (RE) 5. Zoning District: Residential Suburban (RS) 6. Site Area: 3.10 Acres 7. Existing Use: Residential 8. Environmental Status: Proposed Mitigated Negative Declaration 2006-0016 ITEM NUMBER: 4 DATE: 5-16-06 BACKGROUND: In July 2004, the applicant applied for building permits to construct a 1,654 square foot single-family residence with an attached 864 square foot garage, a 120 square foot covered porch, a 582 square foot deck, and a 960 square foot basement. an EX 8T MG GRADE Ex15rW_1 GRADE =- 3:1 SLOPE ANALYSIS: SECTION AA II' = 30,-0,, The project has been designed to minimize grading and native tree impacts. Staff notes that the steep slope, a heavily forested area, and the on-site tributary drainage to Atascadero Creek creates a difficult and challenging site for residential development. The residence foundation includes a combination of caissons and flat graded pad (Refer to Section AA). Several revisions have been made to the driveway to lessen potential environmental impacts. According to the project engineer, the proposed driveway is the best configuration for the site (Attachment 4). The driveway placement along natural contours of the site's steep slope and the incorporation of retaining walls into the design results in minimal environmental impact. However, during project review, the city engineer and staff are recommending a bridge or arched culvert crossing, rather than a buried pipe culvert, as a superior alternative for the driveway crossing over the creek. Bridging the creek is also in accordance with General Plan Policy 8.1 which states: "Ensure that development along Atascadero Creek, Graves Creeks, the Salinas River, blue line creeks, natural springs, lakes, or other riparian areas does not interrupt natural flows or adversely impact riparian ecosystems and water quality." ITEM NUMBER: 4 DATE: 5-16-06 Staff has added a new recommended mitigation measure to the Mitigated Negative Declaration (Mitigation Measure 8.c.d.e.f.1., Finding #2) in order to reduce any potential impact to existing on-site slope, native vegetation, and water course/water quality impacts consistent with the above -stated recommendation. NATIVE TREES Forty-eight trees are proposed for removal totaling 631 inches dbh. According to the Project Arborist, the residence has been shifted to lessen the impact to tree #67, and all utility trenching shall be located outside of the drip lines of native trees. City Staff requires a preconstruction meeting between the project applicant, arborist, and site grading contractor. FINDINGS: Pursuant to the Tree Ordinance (Ordinance No. 214), "decisions on native tree removals of 24 -inch dbh-size or larger shall be made by the Planning Commission." In considering any Tree Removal Permit request, at least one of the findings must be made. Staff has identified finding (v) as appropriate for the application request: (v). Trees proposed for removal are obstructing proposed improvements that could not 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. In addition, a second finding has been included in the draft resolution PC 2006-0050 as follows: (2) Adding Mitigation Measure 8.c.d.e.f.1 will reduce potential environmental impacts to natural slope, native vegetation, and existing on-site waterways to a level of insignificance. ITEM NUMBER: 4 DATE: 5-16-06 CONCLUSION: The Planning Commission has final authority on the Tree Removal Permit. The Commission may require the applicant to replant native trees, which would total 163 trees, rather than pay entire mitigation fees, which would total $8,158.33. The Commission may also request a combination of both mitigation measures. During project review, staff and the city engineer noted that bridging the natural on- site drainage way will significantly reduce environmental impacts to the native slope and native vegetation, rather than the proposed buried pipe culvert. The Planning Commission may also find that Staff's recommended mitigation measure may also result in retaining the 63 -inch Bay Laurel proposed currently proposed for removal. PREPARED BY: Paul Tabone, Planning Technician ATTACHMENTS: Attachment 1: Aerial Photo Attachment 2: Site/Driveway/Grading Plan Attachment 3: Arborist Report Attachment 4: Engineer Letter Attachment 5: Draft Resolution PC 2006-0050 Exhibit A: Conditions of Approval & Tree Fee Table Exhibit B: Tree Protection Plan ITEM NUMBER: 4 DATE: 5-16-06 Attachment 1: Aerial Photo �ri ! •.. .•a ix .r •ti. (r. ( � :` •kms �. �, .. rr� ,�•... it � �- � Q � > s �" s • � ytr, ' qtr � ITEM NUMBER: 4 DATE: 5-16-06 Attachment 2: Site/Driveway/Grading Plan ITEM NUMBER: 4 DATE: 5-16-06 Attachment 3: Arborist Report A & T ARSORISTS P.O. BOX 1311 TEMPLETON, CA 93465 (805) 434-0131 3-2-06 AP Scott and Roxanne McMahan 13655 Morro Road o0 0 ?006 Atascadero, California MMUN/7-YO �CopMF Lot 21 Block 60, Atascadero NT The following tree protection plan is for the above named parcel (APN 051-381-022) located off highway 41 in Atascadero, California. This lot is fairly steep sloped with a planned drive sloping off Old Morro Rd and crossing an intermittent stream then crossing relatively flat ground to the building site. The driveway will have areas of cut and fill with retaining walls. Due to the steep slope off Old Morro Rd, the driveway placement can't be altered significantly without maintaining less than 201/0 slope in the driveway and keeping within the property boundaries. The stream will have a catch basin above the driveway entering a drainage pipe that will travel under the driveway and continue down hill to an exit basin. The original home placement has been shifted away from tree #67 to lessen the impact. The entire driveway and pad grading operation shall have extensive monitoring to insure proper mitigation measures are being followed by the contractor. The leach field and 100% expansion areas shall be located outside the drip lines of native trees. All utility trenching (including septic lines) shall also be located outside the drip lines. All tree removal operations shall be completed by a trained arborist and all efforts shall be made to not damage saved trees while falling removals. Trees may need to be pieced down individually in certain situations. Trees shall not be pushed over by grading equipment. Certain trees on the spreadsheet shall require tree wells and the arborists may dictate additional trees depending on resulting fill lines. The trees on site consist of coast live oaks (Quercus agrifolia), blue oaks (Quercus drniglasii), valley oaks (Quercus lobata), scrub oaks (Quercus clumosa) and bay laurels (Laurus nobilis). The total number of native trees that need to be removed for this project is 48 with a total diameter of 698 inches. It is the responsibility of the owner to provide a copy of this tree protection plan to any and all contractors and subs that work within the drip line of any native tree. It is highly recommended that each contractor sign and acknowledge this tree protection plan. All trees potentially impacted by this project are numbered and identified on both the grading plan and the spreadsheet. Trees are numbered on the grading plans and in the field with an aluminum tag. Tree protection fencing is shown on the grading plan. In the field trees to be saved have yellow tape and trees to be removed have red tape. Tree Rating System A rating system of 1-10 was used for visually establishing the overall condition of each tree on the spreadsheet. The rating system is defined as follows: 10 Ratine Condition 0 Deceased ITEM NUMBER: 4 DATE: 5-16-06 WE Evidence of massive past failures, extreme disease and is in severe decline. sharp pruning tools and no&ft ragged. A Mandatory meeting bet,&n the arborists and grading contractor(s) must take place prior to work start. 5. Grading Within The Drip Line: Grading should not encroach within the drip line unless authorized. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. 6. Exposed Roots: Any exposed roots shall be re-covered the same day they were exposed. If they cannot, they must be covered with burlap or another suitable material and wetted down 2x per day until re -buried. 7. Paving Within The Drip Line: Pervious surfacing is preferred within the drip line of any native tree. if pavers are required, the areas are outlined on the grading plans. Pavers must be interlocking with a minimum of 10% void space backfilled with pea gravel. Fabric shall be permeable. The % slope of the driveway may prohibit the engineering of pavers for this project. 8. Equipment Operation: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. Also there is to be no parking of equipment or personal vehicles in these areas. All areas behind fencing are off limits unless pre -approved by the arborist. 9. Existing Surfaces: The existing ground surface within the drip line of all oak trees shall not be cut, filled, compacted or pared, unless shown on the grading plans and approved by the arborist. 10. Construction Materials And Waste: No liquid or solid construction waste shall be dumped on the ground within the drip line of any native tree. The drip line areas are not for storage of materials either. 11. Arborist Monitoring: An arborist shall be present for selected activities (trees identified on spreadsheet and items bulleted below). The monitoring does not necessarily have to be continuous but observational at times during these activities. It is the responsibility of the owner(s) or their designee to inform us prior to these events so we can make arrangements to be present. It is the responsibility of the owner to contract (prior to construction) a locally licensed and insured arborist that will document all monitoring activities. • pre -construction fence placement • any utility or drainage trenching within any drip line • All grading and trenching near trees requiring monitoring on the spreadsheet • All driveway construction activities • Tree removal operations ITEM NUMBER: 4 DATE: 5-16-06 12. Pre-Constructionfeeting: An on-site pre -construction m!mg with the Arborist(s), Owner(s), Planning Staff, and the earth moving team shall be required for this project. Prior to final occupancy, a letter from the arborist(s) may 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 selected native trees, and that all work done in these areas was completed to the standards set forth above. 13. Pruning: Class I pruning includes deadwood removal along with selective thinning to lesson wind resistance. Class 4 pruning includes -Crown reduction pruning shall consist of reduction of tops, sides or individual limbs. A trained arborist shall perform all pruning. No pruning shall take more than 25% of the live crown of any native tree. Any trees that may need pruning for road/home clearance shall be pruned prior to any grading activities to avoid any branch tearing. 14. Landscape: All landscape under the drip -line shall be drought tolerant or native varieties. Lawns shall be avoided. All irrigation trenching shall be routed around drip lines; otherwise above ground drip -irrigation shall be used. It is the owner's responsibility to notify the landscape contractor regarding this mitigation. 15. Utility Placement: All utilities shall be placed down the road/driveway and when possible outside of the drip lines. The arborist shall supervise trenching within the drip line. All trenches in these areas shall be exposed by air spade or hand dug with utilities routed under/over the roots. The included spreadsheet includes trees listed by number, species and multiple stems if applicable, diameter and breast height (4.5'), condition (scale from poor to excellent), status (avoided, impacted, removed, exempt), percent of drip line impacted, mitigation required (fencing, root pruning, monitoring), construction impact (trenching, grading), recommended pruning and individual tree notes. If all the above mitigation measures are followed, we feel there will be no additional long-term significant impacts to the remaining native trees. Please let us know if we can be of any future assistance to you for this project. Steven G. Alvarez Certified Arborist #WC 0511 Chip Tamagni Certified Arborist WE 6436-A ITEM NUMBER DATE: 5-16-06 ITEM NUMBER DATE: 5-16-06 ITEM NUMBER DATE: 5-16-06 O i fJ c z 0 m m I 1 II 1 A ; O g�z N O � n � 0 om o z o K c �m> z m L7 m -� A z CID m M m O o < z o m 0 z 3 c� o a it A n G] -1 0 A Z 8A m p z c � z = z C) ITEM NUMBER: 4 DATE: 5-16-06 N W 406 L" .H V IE 0 Cl Vrna"rnrnrnCD O c0 W V M (r W N m m 00 0o ao W O co 0o 0o m 0 0 0 X 0 0 0 N mm N v co W W 2 Z � O� Z cn w A w w w w o m -I m O (40 — D x 1> z CO) C: Cl)� N 0 0CTI 0 0 0 0 O 0 0� O 0 O 0 O 0 O o D r n Z I mm 4/ Q G) G7 G7 O C) -00 �J Z11 Z7 ;ZJ ZJ ;CJ n cn ;u =i 71 Ox — D "D p CA DO r mzzzzzzQo m� cf,000OOO�z m� v o G �z cn C) Z T Om it my N W 406 L" .H V IE 0 Cl ITEM NUMBER: DATE: 5-16-06 Attachment 4: Engineer Letter Roberts Englneerinq Inc, 2015 Vista de la Vina Templeton, CA, 93465 805-239-0664 tel,/ 238-6148 fax March 28, 2006 Mr. Steve Kahn City Engineer City of Atascadero 6500 El Camino Real Atascadero, CA 93422 Subject: Lot 21, Block 60, Atascadero Colony Dear Steve, ITEM NUMBER: 4 DATE: 5-16-06 co 4)0,p0 MM�Nry 4 X006 0�2�4gA MFHT / We have prepared a grading and drainage plan for this parcel located at 13655 Old Morro Road APN:055-251-006. The owner is Scott McMahan, project architect is Ken Nagahara. I am writing to address the plan check comment regarding design and location of the driveway. The access driveway is designed to meet minimum engineering and fire department design requirements. The site is extremely steep. A portion of the roadway was designed at 20% to minimize grading and conform to the existing slope to the greatest extent possible. The fire marshal specified that the width of the roadway be 20 feet, with a standard turn around. In order to accommodate this width, retaining walls were necessary on both the uphill and downhill sides of the road. Every effort was made to place the roadway in a position in which to minimize impacts to the native trees and reduce site disturbance. It is our professional opinion that the proposed plan represents the best possible design, given the serious site constraints on this Property. Please feel free to contact me should you have any questions concerning this matter. Sincerely, ZT.r` Tim Roberts, PE Attachment 5: Draft Resolution PC 2006-0050 ITEM NUMBER: 4 DATE: 5-16-06 DRAFT RESOLUTION PC 2006-0050 A RESOLUTION OF THE PLANNING COMMISSION OF ATASCADERO APPROVING A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL OF FORTY-EIGHT NATIVE TREES LOCATED AT 13750 OLD MORRO ROAD APN 055-251-006 (TRP 2006-0087) WHEREAS, an application for a Tree Removal Permit has been received from Scott McMahan, P.O. Box 6162, Los Osos, CA 93412 (applicant and owner) to allow the removal of forty-eight native oak trees located at 13750 Old Morro Road, APN 055-251-006, and, WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on May 16, 2006 and considered testimony and reports from staff, the applicants, and the public; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of Tree Removal Permit. The Planning Commission finds as follows: 1. Trees proposed for removal are were obstructing proposed improvements that could not 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; and, 2. Adding Mitigation Measure 8.c.d.e.f.1 will reduce potential environmental impacts to natural slope, native vegetation, and existing on-site waterways to a level of insignificance. SECTION 2. Approval. The Planning Commission hereby approves Tree Removal Permit 2006-0087 subject to the following Conditions and Exhibits: Exhibit A: Conditions of Approval, Mitigation Measures & Tree Fee Table ITEM NUMBER: 4 DATE: 5-16-06 Exhibit B: Tree Protection Plan On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary T:\- TRP - Tree Removal Permits\TRP 06\TRP 2006-0087-MCMAHAN\McMahan PC-SR.pt.doc ITEM NUMBER: DATE: 5-16-06 Exhibit A: Conditions of Approval & Tree Fee Table Tree Removal - TRP 2006-0087 Conditions of Approval Timing Responsibility Mitigation TRP 2006-0087 /Monitoring Measure PR: dorm Removal PS: Planning Services BL: Business License BS: Building Services BP: Building Permit FD: Fire Department TO: Temporary Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. The applicant shall mitigate the removal or impact of all PR PS native trees listed on site in accordance with the requirements of the Atascadero Native Tree Ordinance. 2. Per the project arborist report, the entire driveway and BP PS pad grading operation shall have extensive monitoring to insure propert mitigation measures are being followed by the contractor. The leach field and 100% expansion areas shall be located outside the drip lines of native trees. All tree removal operations shall be completed by a trained arborist and all efforts shall be made to not damage saved trees while falling removals. 3. An on-site preconstruction meeting shall take place BP PS between the City, project arborist, grader, and applicant prior to permit issuance. Exhibit A Timing Responsibility Mitigation /Monitoring Measure Mitigation Monitoring Program PPN 2004-0153 GP: Grading Permit BP: Building Permit PS: Planning Services BS: Building Services 13750 Old Morro Road TO: Temporary Occupancy FD: Fire Department PD: Police Department FI: Final inspection CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 3.b.1: The project shall be conditioned to comply BP 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 ITEM NUMBER: DATE: 5-16-06 Exhibit A Mitigation Monitoring Program PPN 2004-0153 13750 Old Morro Road Timing OP: Grading Permit BP: Building Permit T0: Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsibility (Monitoring BS: BuildinggServicess ent PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. 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 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. ITEM NUMBER: DATE: 5-16-06 Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program (Monitoring Measure PPN 2004-0153 OP: Grading Permit BP: Building Permit BS: BuildinggServicess 13750 Old Morro Road T0: Temporary Occupancy ent PD: Police Department FI: Final inspection CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 4.e.1: The leach field and 100% expansion areas BP BS/PS 4.e.1 shall be located outside the drip lines of native trees. All utility trenching (including septic dri lines shall be located outside dri lines Mitigation Measure 4.e.2: The developer shall contract with a certified BP BS/PS 4.e.2 arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining an arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of % inch granite covered with one -inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one -foot by one -foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 4.e.3: BP BS/PS 4.e.4 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. ITEM NUMBER: DATE: 5-16-06 Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program (Monitoring Measure PPN 2004-0153 OP: Grading Permit BP: Building Permit BS: BuildinggServicess 13750 Old Morro Road T0: Temporary Occupancy ent PD: Police Department FI: Final inspection CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney AMWC: Water Comp. 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 twenty feet of construction 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. 7. Utilities such as water, gas, power, cable, storm drainage, and sewer should be redirected from under the canopy of any trees that are to remain. 8. Where a building is placed within the canopy of a tree the foundation should be redesigned so that it bridges across any root systems. 9. Any foundation or other structure that encroaches within the drip line of trees to be saved shall be dug by hand. 10. At no time shall tree roots be ripped with construction equipment. Mitigation Measure 4.e.4: An on-site pre -construction meeting shall be BP BS/PS 4.e.4 required between the city, arborist, applicant, and grader prior to permit issuance. Mitigation Measure 6.b.1: All cut and fill slopes shall be hydro seeded BP BS/PS 6.10.1 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.b.2: All disturbed areas, not shown on the project BP BS/PS 6.10.2 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 the 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 Old Morro Road and/or the private access drive by construction vehicles. Mitigation Measure 8.e.f.2: The developer is responsible for ensuring BP BS/PS 8.e.f.2 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 8 c.d.e.f.1 A bridge or arched culvert shall be BP BS/PS 8.c.d.e.f.1 constructed, rather than a buried culvert, to ensure that bridging the creek is in accordance with General Plan Policy 8.1 which ITEM NUMBER: DATE: 5-16-06 Exhibit A Timing Responsibility Mitigation (Monitoring Measure Mitigation Monitoring Program PPN 2004-0153 OP: Grading Permit BP: Building Permit BS: BuildinggServicess 13750 Old Morro Road T0: Temporary Occupancy ent PD: Police Department FI: Final inspection CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney AMWC: Water Comp. states: "Ensure that development along Atascadero Creek, Graves Creeks, the Salinas River, blue line creeks, natural springs, lakes, or other riparian areas does not interrupt natural flows or adversely impact riparian ecosystems and water quality". Mitigation Measure 11.d.1: All construction activities shall comply with BP BS/PS 11.d.1 the City of Atascadero Noise Ordinance for hours of operation. ITEM NUMBER: DATE: Evergreen Native Trees (inches) Deciduous Native Trees (inches) Mitigation Requirement Pay $50 per 6 -inches dbh removed of Evergreen Native Trees Pay $100 per 6 -inches dbh removed of Deciduous Native Trees or Plant one tree for every Evergreen native tree removed Plant two trees for every Deciduous native tree removed Tree Fund Payment: $ 2,358.33 Tree Fund Payment: $ 5,800.00 4 5-16-06 Totals —11 631 -inches 158.33 dbh notes dbh notes 1 45 -inches 1 9 -inches 2 12 -inches 2 5 -inches 3 12 -inches 3 11 -inches 4 15 -inches 4 12 -inches 5 7 -inches 5 11 -inches 6 10 -inches 6 21 -inches 7 32 -inches 7 14 -inches 8 10 -inches 8 14 -inches 9 4 -inches 9 16 -inches 10 8 -inches 10 14 -inches 11 63 -inches 11 12 -inches 12 8 -inches 12 14 -inches 13 21 -inches 13 8 -inches 14 11 -inches 14 10 -inches 15 5 -inches 15 9 -inches 16 13 -inches 16 14 -inches 17 7 -inches 17 8 -inches 18 18 6 -inches 19 19 11 -inches 20 20 5 -inches 21 21 12 -inches 22 22 19 -inches 23 23 10 -inches 24 24 26 -inches 25 25 11 -inches 26 3 -inches 27 17 -inches 28 8 -inches 29 11 -inches 30 7 -inches Deposit Total 283 -inches Total 348 -inches Mitigation Requirement Pay $50 per 6 -inches dbh removed of Evergreen Native Trees Pay $100 per 6 -inches dbh removed of Deciduous Native Trees or Plant one tree for every Evergreen native tree removed Plant two trees for every Deciduous native tree removed Tree Fund Payment: $ 2,358.33 Tree Fund Payment: $ 5,800.00 4 5-16-06 Totals —11 631 -inches 158.33 ITEM NUMBER: 4 DATE: 5-16-06 Exhibit B: Tree Protection Plan Tree Removal - TRP 2006-0087 I ITEM NUMBER: r, DATE: 5-16-06 Atascadero Planning Commission Staff Report - Community Development Department 6955 Portola Road Conditional Use Permit Amendment 2002-0071 (Calvary Chapel) SUBJECT: The proposed project consists of an application for a Conditional Use Permit Amendment to establish an overflow parking area adjacent to an existing church on a single-family residential parcel. zMK*11WV41:40 157011119 10101 Staff Recommends: Adopt Resolution PC 2006-0017 approving Conditional Use Permit Amendment 2002- 0071 based on findings and subject to Conditions of Approval. SITUATION AND FACTS: 1. Owners/Applicants: Calvary Chapel, 6955 Portola Rd., Atascadero, CA Steven Shively, 5260 Cabrillo Ave., Atascadero, CA 2. Project Address: 6955 Portola Rd, Atascadero, CA 93422 (San Luis Obispo County) APN 054-071-001 3. General Plan Designation: Single -Family Residential - Z (SFR -Z) 4. Zoning District: Residential Single -Family - Z (RSF-Z) 5. Site Area: 0.93 acres 6. Existing Use: Single -Family Residence 7. Environmental Status: Categorical Exemption: CEQA section 15303 Class 3.c. DISCUSSION: Project Definition The proposed project consists of a request to expand an existing church facility to allow overflow parking on an adjacent single-family residential parcel. The application includes a decomposed granite parking area, drainage facilities, and landscaping. Background The project site is within the Residential Single -Family -Z Zoning District. The existing church received a Conditional Use Permit in 2002 to establish a Master Plan of Development. The proposed parking area is an expansion of the existing church and is proposed on the adjacent single-family residential parcel. The applicant constructed the proposed facilities in late 2005 without permit. Calvary Chapel was immediately notified of the requirement to obtain a Conditional Use Permit. On January 7, 2006, Calvary Chapel submitted a CUP Amendment for the adjacent site improvements. On February 7, 2006, the Planning Commission discussed the proposed application and referred the item back to the applicant for the following information: a. Professional Landscape Plan: The Planning Commission requested a formal landscape plan to show proposed plantings to buffer the parking area from the adjacent properties. b. Parking Easement: The Planning Commission requested that the applicant record an easement on the parcel to ensure its continued use as an overflow parking facility. c. Drainage Basin Size: The Planning Commission requested additional information regarding the proposed drainage basin for the overflow parking area. Location of proposed overflow parking lxa� t Existing church t property Site Plan The proposed overflow parking area is located behind an existing single-family residence adjacent to the existing Calvary Chapel church site. The proposed parking area is constructed of decomposed granite. Staff has conditioned the project to require the design of adequate drainage facilities at the northern portion of the site to detain storm water in accordance with the Atascadero Municipal Code and to ensure neighboring properties to the north are not adversely impacted by the site improvements. The applicant is also proposing landscaping along the northern portion of the parking area to minimize visual impacts to the adjacent residential properties. The applicant has provided a landscape plan that outlines screening landscaping along the property boundaries. Staff has conditioned additional landscaping be installed along the existing parking lot edge adjacent to the proposed overflow area and the additional landscaping be added to and surrounding the proposed basin. Staff has conditioned that an easement be recorded on the single-family parcel to limit the use of the rear yard area to overflow parking for the church in perpetuity. (Condition 13) Staff has reviewed the proposed drainage plan and detention basing. Staff has conditioned that the applicant submit plans showing the basing sized to City standards. In addition, as discussed at the previous public hearing, staff has conditioned that the basin be sized to capture existing runoff for past site improvements to minimize the impact to downstream properties. (Condition 7) General Plan Consistency The proposed project is consistent with the following General Plan Land Use Element Policy: Land Use Program 1.3.2: "Require landscaping and/or screening to buffer non- residential uses from residential areas". Implementing General Plan programs requires appearance review to ensure proposed development fit with the existing setting and natural environment. As analyzed above the proposed project as conditioned, is consistent with the General Plan. Findings Conditional Use Permit A Conditional Use Permit Amendment is required for the expansion of the church facilities to ensure compatibility with the surrounding neighborhood and mitigatable impacts such as drainage, noise, and overall project appearance. The Conditional Use Permit process provides the opportunity for the public and the Planning Commission to review the specifics of land use proposals, such as architectural design, site design, landscape, signage, drainage, and specific standards of the zoning ordinance. The Planning Commission must make the following five findings to approve a Conditional Use Permit: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The use is consistent with the General Commercial designation of the General Plan and General Plan Land Use Element Policy 1.3.2. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). Staff Comment provisions. As conditioned, the project satisfies all Conditional Use Permit 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 overflow parking area, as conditioned, will not be detrimental to the general public or working persons health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: As conditioned, the proposed project expansion is compatible with the surrounding neighborhood. Conditions include landscaping to buffer the proposed use from adjacent single-family residences, drainage mitigation, limitations of duration and frequency of use, and lighting restrictions. 5. That the proposed project or use will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, 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. Based on staff's analysis in the preceding sections, and with conditions included, it appears that all of the required findings for approval of a Conditional Use Permit can be made. Proposed Environmental Determination The proposed project qualifies for a Class 3 Categorical exemption under CEQA (New construction of small structures). Conclusion The proposed project represents a minor expansion to an existing church facility to allow for an overflow parking area on an adjacent single-family residential parcel. ALTERNATIVES 1. The Commission may recommend modifications to the project and/or conditions of approval for the project. 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 required and move to continue the item to a future date. 3. The Commission may deny the project. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Draft Resolution PC 2006-0017 Attachment 1: Location Map, General Plan and Zoning � W A -4011i MIA Zoning: Residential Single -Family - Z (RSF-Z) General Plan Designation: Single -Family Residential - Z (SFR -Z) ATTACHMENT 2: Draft Resolution PC 2005-0082 DRAFT RESOLUTION PC 2006-0017 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT 2002-0071 AT 6855 PORTOLA RD APN 054-071-001 (Calvary Chapel / Steven Shively) WHEREAS, an application has been received from Calvary Chapel (6955 Portola Rd, Atascadero, CA 93422) Applicant and Steven Shively (5260 Cabrillo Ave, Atascadero, CA 93422) Property Owner to consider a project consisting of a Conditional Use Permit Amendment to construct an overflow parking area as an expansion to existing church facilities (CUP 2002- 0071); and, WHEREAS, the site's current General Plan Designation is Single -Family Residential - Z (SFR -Z); and, WHEREAS, the site's current Zoning is Residential Single -Family - Z (RSF-Z); and, WHEREAS, the Calvary Chapel has an existing Conditional Use Permit that established a Master Plan of Development for the church use and property; and, WHEREAS, the proposed expansion of church facilities qualifies for a Class 3 categorical exemption per the requirements of CEQA; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit Amendment application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on May 16, 2006, studied and considered the Conditional Use Permit Amendment 2002-0071, and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for approval of Conditional Use Permit Amendment. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on May 16, 2006, resolved to approve the Conditional Use Permit Amendment 2002-0071 (Master Plan of Development) subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan / Drainage Plan EXHIBIT C: Landscape Plan 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 (CUP 2002-0071 Amendment) Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring 6955 Portola Rd BL: Business License PS: Planning Services BS: Building Services CUP 2002-0071 Amendment GP: Grading Permit FD: Fire Department PD: Police Department BP: Building Permit CE: City Engineer FI: Final WN: Wastewater CA: City Attorney Inspection TO: Temporary Occupancy F0: Final Occupancy Planning Services 1. This conditional use permit shall be for an overflow parking area as an FM PS expansion of an existing church facility as described on the attached exhibits and located on parcel 054-071-001 regardless of owner. 2. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority to approve BP/FM PS, CE the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council. 4. Approval of this Conditional Use Permit shall be valid for twelve (12) months BP/FM PS after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. Phase II shall be constructed within 5 -years of this approval. Approval of Phase 11 shall expire at that time and become null and void, requiring a Conditional Use Permit amendment to reinstate. Any such proposal shall comply with all future zoning ordinances standards. 5. The applicant shall defend, indemnify, and hold harmless the City of Ongoing Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 6. Any subsequent Tentative Map and construction permits shall be consistent BP/FM PS, CE with the Master Plan of Development contained herein. 7. All site work, grading, and site improvements shall be consistent with the BP/FM PS, BS, CE Master Plan of Development as shown in EXHIBITS B and C and shall including the following: ■ The detention shall be sized to accommodate flows from the overflow parking area improvements as well as run-off from existing Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring 6955 Portola Rd BL: Business License PS: Planning Services BS: Building Services CUP 2002-0071 Amendment GP: Grading Permit FD: Fire Department PD: Police Department BP: Building Permit CE: City Engineer FI: Final WW: Wastewater CA: City Attorney Inspection TO: Temporary Occupancy F0: Final Occupancy site improvements as feasible based on slope. 8. This approval shall be for occasional use only as an overflow parking lot. Any more frequent use shall require Conditional Use Permit Amendment and will require paving of the lot and additional site improvements. 9. A final landscape and irrigation plan shall be approved prior to the issuance of BP PS, BS building permits and included as part of site improvement plan consistent with EXHIBIT B and C, and as follows: ■ Landscaping screening including evergreen trees and shrubs shall be installed along the North, South, and east property lines. 10. No lighting shall be permitted within the overflow parking area. All existing and proposed on-site lighting shall be full cut-off shielded lighting with the exemption of low wattage bulbs as permitted by the Atascadero Municipal Code. 11. No storage of vehicles or other church related items is permitted within the overflow parking area. 12. All conditions of the original Conditional Use Permit application to establish the Master Plan of Development for the church site shall remain in effect and shall requirement a subsequent amendment for any proposed alterations inconsistent with that approval. 13. The applicant shall record an easement over the property to allow for the use of the parcel as an overflow parking area for the church in perpetuity. PUBLIC WORKS City Engineer Standard Conditions 14. Drainage easements shall be obtained by the applicant as needed to GP, BP CE accommodate both public and private drainage facilities. 15. Slope easements shall be obtained by the applicant as needed to GP, BP CE accommodate cut or fill slopes. City Engineer Project Conditions 16. Prior to issuance of a grading or building permit, the applicant shall provide a GP, BP CE drainage report for site drainage and detention basin sizing in accordance with City Engineering Standards. Report shall be signed and stamped by a registered engineer. Report shall include an evaluation of downstream facilities to safely convey run off from this project. Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring 6955 Portola Rd BL: Business License PS: Planning Services BS: Building Services CUP 2002-0071 Amendment GP: Grading Permit FD: Fire Department BP: Building PD: Police Department CE: City Engineer Permit FI: Final WW: Wastewater Inspection CA: City Attorney TO: Temporary Occupancy F0: Final Occupancy 17. Prior to issuance of a grading or building permit, the applicant shall provide a GP, BP CE grading and drainage plan detailing how storm water runoff will be conveyed from parking areas to the storm water detention basin. Plans shall include details for construction of detention basin, overflow structures, piping, etc„ for all drainage improvements. 18. Prior to issuance of a grading or building permit, the applicant shall provide an GP, BP CE erosion control plan depicting both temporary and permanent erosion control measures and any details for implementation. 19. Prior to issuance of a grading or building permit, the applicant shall provide GP, BP CE copies of both an access and drainage easement, from the property owner to the applicant, for acceptance of storm water runoff from this project and maintenance of the detention basin. EXHIBIT B: Site Plan / Drainage Plan EXHIBIT C: Landscape Plan FARM arro SAO), V.—O P 45 L 1: — 2i iia fStr Tit v --- — I T'. -C— tv w- T—t A.- PCs A\, filIL FARM arro SAO), V.—O P 45 L 1: iia fStr 61 I T'. -C— tv w- T—t A.- EXHIBIT C: Landscape Plan l�QY 4 'i `�TUS MUC ytyi}r r !` ._ -• ✓`!: uolti 5ett1 If(n! �''�YW `�.�G/�! � �•��t �„�_6 ; F Antis ry„t•---+ r rr I -w. •. d0 O.y7 i \ l � �• ^ �iuw.,.��cw a� i. i �+�v J•h'is'f�h�i�r ih.• .ffa. 1, . ITEM NUMBER: 6 DATE: 5-16-06 Atascadero Planning Commission Staff Report - Community Development Department Tentative Tract Map 2004-0061 (Tract 2694) (6750 San Gabriel Rd./ Rancho De Paraiso, LLC) SUBJECT: The proposed project consists of an application for a Tentative Tract Map to subdivide an existing lot of record at 6750 San Gabriel Rd. into two residential lots of 3.56 acres and 4.85 acres. RECOMMENDATION: Staff Recommends: 1. Adopt Resolution PC 2006-0049 certifying Mitigated Negative Declaration 2005- 0029 and approving Tentative Tract Map 2004-0061 (Tract 2694) to establish two (2) residential lots on an existing legal lot of record based on findings and subject to Conditions of Approval. SITUATION AND FACTS: 1. Applicant / Representative: Rancho De Paraiso LLC, 6465 Alta Pradera Lane, Atascadero, CA 93422 2. Project Address: 6750 San Gabriel Road, Atascadero, CA 93422 (San Luis Obispo County) APN 054-191-035,036 3. General Plan Designation: RE (Rural Estate) 4. Zoning District: RS (Residential Suburban) 5. Site Area: 8.41 acres 6. Existing Use: 7. Environmental Status Background: ITEM NUMBER: 6 DATE: 5-16-06 One existing single-family single -story residence with detached garage and individual on-site septic system. Proposed Mitigated Negative Declaration 2005-0029. Surrounding Land Use and Setting The site is located in the RS Zoning District adjacent to single-family f North, South, and West, and the Chevron site to the East. The site's settings include moderate to steep slopes and native trees. The North portion of the site has an open space and tree preservation easement, which is crossed by a blue line creek and the Chevron pipeline. North: Residential Suburban South: Residential Suburban East: Residential Suburban West: Residential Suburban Public Improvements: )mes to the surrounding Residential Suburban Individual septic systems will serve the property and water is available from the Atascadero Mutual Water Company. Environmental Review: An Initial Study was prepared for the project and a Mitigated Negative Declaration is proposed for certification. CONCLUSIONS: The proposed subdivision map, as conditioned, is consistent with the 2002 General Plan. The proposed subdivision is consistent with the General Plan Rural Estate land use designation and Residential Suburban zoning regulations, based on development standards. Staff recommends the Planning Commission approve the Tentative Tract Map as conditioned. ITEM NUMBER: 6 DATE: 5-16-06 ALTERNATIVES: 1. The Commission may recommend modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff for additional analysis. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Kerry Margason, Associate Planner ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Mitigated Negative Declaration and Initial Study 2005-0029 Attachment 3: Draft Resolution PC 2006-0049 ITEM NUMBER: DATE: 5-16-06 Attachment 1: Location Map, General Plan and Zoning ITEM NUMBER DATE: 5-16-06 Attachment 2: Draft Mitigated Negative Declaration and Initial Study 2005-0029 See Following ITEM NUMBER DATE: 5-16-06 ATTACHMENT 3: Draft Resolution PC 2006-0049 DRAFT RESOLUTION PC 2006-0049 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA CERTIFYING MITIGATED NEGATIVE DECLARATION 2005-0029 AND APPROVING TENTATIVE TRACT MAP 2004-0061 TO SUBDIVIDE AN EXISTING LOT OF RECORD AT 6750 SAN GABRIEL RD. INTO TWO RESIDENTIAL LOTS APN 054-191-035,036 PORTIONS (6750 San Gabriel Rd. /Rancho de Paraiso, LLC) WHEREAS, an application has been received from Rancho De Paraiso, LLC (6465 Alta Pradera Ln., Atascadero, CA 93422), applicant and property owner, for a Tentative Tract Map for a 2 -lot subdivision; and, WHEREAS, the General Plan designation is Rural Estate (RE); and, WHEREAS, the site's existing zoning district is Residential Suburban (RS) Zoning designation; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0029 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 application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on May 16, 2006 studied and considered Tentative Tract Map 2004-0061, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, ITEM NUMBER: 6 DATE: 5-16-06 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. Findings of Approval for Tentative Tract Map 2004-0061, 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 design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 4. 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. 5. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. 6. The installation of a standard street, either alone or in conjunction with neighboring properties is not feasible. 7. The flag lot is justified by topographical conditions. ITEM NUMBER DATE: 5-16-06 SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on May 16, 2006, resolved to certify Mitigated Negative Declaration 2004-0061 and approve Tentative Tract Map (TTM 2004-0061) subject to the following: 1. Exhibit A: Mitigated Negative Declaration 2005-0029 2. Exhibit B: Tentative Tract Map 2004-0061 3. Exhibit C: Conditions of Approval ITEM NUMBER: 6 DATE: 5-16-06 On motion by Commissioner , and seconded by Commissioner foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary the Exhibit A: Mitigated Negative Declaration 2005-0029 See Following ITEM NUMBER DATE: 5-16-06 Exhibit A: Tentative Tract Map 2004-0061 MVWO'-= ITEM NUMBER: 6 DATE: 5-16-06 IY \,—r fvi\`r' J^CJ ! +i i!/ i it ///+ '/ 1`x�r ..► r I R 1 ; _ t ~ Jai /r 4 Irl Irl I 1 i l 1 � Tree Preservation Easements AR b t�>jt6 e°Y eey 7 SS S3 � a�pS ITEM NUMBER: 6 DATE: 5-16-06 IY \,—r fvi\`r' J^CJ ! +i i!/ i it ///+ '/ 1`x�r ..► r I R 1 ; _ t ~ Jai /r 4 Irl Irl I 1 i l 1 � Tree Preservation Easements AR ITEM NUMBER: DATE: 5-16-06 Exhibit B: Conditions of Approval & Mitigation Measures Conditions of Approval Timing Responsibility BL: Business /Monitoring 6750 San Gabriel Rd. License GP: Grading PS: Planning Services Subdivision Map Permit BP: Building BS: Building Services TTM 2004-0061 Permit FI: Final FD: Fire Department PD: Police Inspection TO: Temporary Department CE: City Engineer Occupancy FO: Final ww. wastewater Occupancy CA: City Attorney Planning Services 1. The approval of this application shall become final, subject to the completion of FM PS 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 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 approve FM PS 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 Parcel Map shall be subject to additional fees for park or recreation FM PS purposes (QUIMBY Act) as required by City Ordinance. 5. The granting of this entitlement shall apply to the property located at APN 054- On going PS 191-035,036 portions regardless of owner. 6. The Final Map shall be drawn in substantial conformance with the approved FM 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. 7. The subdivider shall defend, indemnify, and hold harmless the City of FM PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 8. All buildings constructed on Parcel 2 shall be within the building envelope as Ongoing PS shown on the Tentative Tract Map, including septic tanks, Ieachfields and .expansion areas. 9. All proposed construction on Parcel 2 shall be designed to avoid native trees. Ongoing PS 10. All buildings constructed on Parcel 1 shall be located on the first 200 feet of the Ongoing PS ITEM NUMBER: DATE: 5-16-06 Conditions of Approval Timing Responsibility /Monitoring BL: Business 6750 San Gabriel Rd. License GP: Grading PS: Planning services Subdivision Map Permit BP: Building BS: Building Services TTM 2004-0061 FIeF Final FD: Fire Department PD: Police Inspection TO: Temporary Department CE: City Engineer Occupancy FO: Final wyy. Wastewater CA: City Attorney Occupancy parcel as measured from the San Gabriel Road edge of right of way. 11. The owner shall record open space and tree preservation easements FM PS consistent with the proposed easement shown on the tentative map within Parcel 2 and over the tree area as designated on the tentative map attached hereto as Exhibit A. 12. The Flag portion of Lot 2 shall be 24 feet wide, with 20 feet of paving and 2 foot GP/BP PS shoulders on each side. 13. All proposed structures shall maintain a minimum 10 foot setback from the flag Ongoing PS portion of Lot 2. 14. A reflectorized master house number sign and individual reflectorized address Ongoing PS signs are to be posted per fire department regulations. Fire Marshal BP FM 15. A dry standpipe system will be required to provide a water supply to within 150' of proposed structures. City Engineer Standard Conditions 16. In the event that the applicant is allowed to bond for the public BP BS improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 17. An engineer's estimate of probable cost shall be submitted for review and BP PW approval by the City Engineer to determine the amount of the bond. 18. The Subdivision Improvement Agreement shall record concurrently with the FM PW Final Map. 19. All public improvements shall be constructed in conformance with the City of BP PW Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 20. The applicant shall enter into a Plan Check/Inspection agreement with the BP BS City. 21. The applicant shall be responsible for the relocation and/or alteration of BP PW existing utilities. 22. The applicant shall install all new utilities (water, gas, electric, cable TV and BP BS telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. ITEM NUMBER: DATE: 5-16-06 Conditions of Approval Timing Responsibility /Monitoring BL: Business 6750 San Gabriel Rd. License GP: Grading PS: Planning Services Subdivision Map Permit BP: Building BS: Building Services TTM 2004-0061 FIeF Final FD: Fire Department PD: Police Inspection TO: Temporary Department CE: City Engineer Occupancy FO: Final wyy. Wastewater CA: City Attorney Occupancy 23. The applicant shall monument all property corners for construction control BP PW and shall promptly replace them if disturbed. 24. A preliminary subdivision guarantee shall be submitted for review in BP PW conjunction with the processing of the parcel map. 25. All existing and proposed utility, pipeline, open space, or other easements BP PS/PW 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. 26. Prior to recording the tract map, the applicant shall submit a map drawn in FM PS/PW substantial conformance with the approved tentative map and in compliance with all conditions set forth herein 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 tract map, the applicant's surveyor shall set FM PW monuments at all new property corners or shall indicate, by certificate on the final map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 28. Prior to recording the tract map, the applicant shall have the map reviewed FM PW by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company, which indicates their review of the map. The letter shall identify any new easements, which may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 29. Upon recording the final map, the applicant shall provide the City with a FM PW black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 30. Prior to the final inspection of any public improvements, the applicant shall BP PW submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. Atascadero Mutual Water Company 31. Before the start of construction on the water system improvements, the GP, BP CE applicant shall submit plans to AMWC for the water distribution facilities needed to serve the project. All water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross -connection devices shall conform to AWWA and California Department of Health Services standards. ITEM NUMBER: DATE: 5-16-06 Conditions of Approval Timing Responsibility /Monitoring BL: Business 6750 San Gabriel Rd. License GP: Grading PS: Planning Services Subdivision Map Permit BP: Building BS: Building Services TTM 2004-0061 FIeF Final FD: Fire Department PD: Police Inspection TO: Temporary Department CE: City Engineer Occupancy FO: Final wyy. Wastewater CA: City Attorney Occupancy 32. Before the start of construction on the water system improvements, the GP, BP CE applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. 33. Before issuance of building permits, the applicant shall obtain a "Will Serve" GP, BP CE letter from AMWC. 34. The applicant shall provide AMWC with easements for those water facilities GP, BP CE proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 35. The applicant shall obtain a separate landscape -irrigation meter from GP, BP CE AMWC for the common areas within the project. Mitigation Measure 1.b Any future trees in construction areas or proposed for removal BP BS/PS 1.1b shall be mitigated according to the Atascadero Native Tree Ordinance. Mitigation Measure 3.b.1: Future construction for the project site shall be conditioned BP BS/PS 3.b.1 to comply 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. 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: ITEM NUMBER: DATE: 5-16-06 Conditions of Approval Timing Responsibility /Monitoring BL: Business 6750 San Gabriel Rd. License GP: Grading PS: Planning Services Subdivision Map Permit BP: Building BS: Building Services TTM 2004-0061 FIeF Final FD: Fire Department PD: Police Inspection TO: Temporary Department CE: City Engineer Occupancy FO: Final wyy. Wastewater CA: City Attorney Occupancy • 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 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. • 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. • 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 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 protection BP BS/PS 4.e.1 and enhancement measures on the grading and drainage plan. Mitigation Measure 4.e.2: Grading and excavation work shall be consistent with the BP BS/PS 4.e.2 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 ITEM NUMBER: DATE: 5-16-06 Conditions of Approval Timing Responsibility /Monitoring BL: Business 6750 San Gabriel Rd. License GP: Grading PS: Planning Services Subdivision Map Permit BP: Building BS: Building Services TTM 2004-0061 FIeF Final FD: Fire Department Inspection PD: Police Department TO: Temporary Occupancy CE: City Engineer FO: Final wyy. Wastewater CA: City Attorney Occupancy 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 5.d.1: Should any cultural resources be unearthed during site GP/BP PS/BS 5.d.1 development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. BP BS/PS 6.b.1 Mitigation Measure 6.b.1: During construction and prior to final inspection, all cut and fill slopes shall be hydro seeded 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 cut and fill slopes shall be landscaped and hydroseeded with a native seed mix prior to final occupancy. 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.d.1: Prior to future construction, a soils report shall be required BP BS 6.c.d.1 to be submitted with a 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 11.d.1: All future construction activities shall comply with the City BP/GP PS 11.d.1 of Atascadero Noise Ordinance for hours of operation. Mitigation Measure 13.1 All future construction shall incorporate fire sprinklers. BP/GP PS,BS,FD 13.1 ITEM NUMBER: 7 DATE: 5-16-06 Atascadero Planning Commission Staff Report - Community Development Department Amendment to PD -16 Master Plan of Development CUP 2006-0182 (6255 Alta Pradera/ Steiner) SUBJECT: A request to amend the PD -16 Master Plan of Development (CUP 2002-0078) and remove three (3) native Blue Oak trees, one of which is 47 -inches in diameter for the construction of a single-family residence. STAFF RECOMMENDATION: The Planning Commission adopt Resolution PC 2006-0046 to approve Mitigated Negative Declaration 2006-0010 and adopt Resolution PC 2006-0047 to amend the PD -16 Master Plan of Development and the request to remove three (3) native oak trees subject to conditions of approval. SITUATION AND FACTS: 1. Applicant: Michael Steiner, 108 Erna Way, Pismo Beach, CA 93449 2. Certified Arborist: A&T Arborists, P.O. Box 1311, Templeton, CA 93465 3. Project Engineer: Davis Engineering, 5815 Traffic Way, Atascadero, CA 93422 4. Project Address: 6255 Alta Pradera Lane, Atascadero, CA 93422 APN: 054-192-019 5. Zoning District: Residential Suburban/ PD -16 6. General Plan: Residential Estate 7. Site Area: 6.77 Acres ITEM NUMBER: 7 DATE: 5-16-06 DISCUSSION: BACKGROUND Zone Change 2002-0034 was approved on May 20, 2003. The Zone Change included a Master Plan of Development (CUP 2002-0078) which proposed a building envelope which is located toward the Southeast side of the property. The applicant is now proposing the construction of a single-family residence at the site and the building envelope which is proposed is not consistent with the building envelope which was approved under CUP 2002-0078 (Exhibit A). Planning Commission approval is required to amend the original Master Plan of Development to establish this new building envelope. In addition, the applicant is also proposing the removal of three native oak trees for the construction of his single-family home. ANALYSIS A single-family home is proposed on the subject property. According to the applicant and the project engineer, the proposed site design is superior to the original building envelope. It requires less grading and less native tree removal, as noted in the applicant's justification statement (Attachment 1). The approved and proposed building envelopes may be viewed below: I 1 Previously Approved Building Envelope TREE REMOVALS: I u r L 1 1 1 1 1 \ Proposed Building Envelope ITEM NUMBER: 7 DATE: 5-16-06 Tree #1, 8, and 12 are proposed for removal. Mitigation Measure 4.e.3 of Mitigated Negative Declaration 2006-0010 states that the approved arborist report shall be adhered to during project construction. Mitigation measures from the approved arborist report include tree fencing, and moving the proposed retaining wall further away from the tree #7 to give the root system room for expansion. In addition, the Project Arborist has also recommended that the tree receive a dosage of plant growth regulator during February 2006 to help promote root growth. The Arborist Report also states that an on-site preconstruction meeting shall be mandatory prior to project construction. Mitigation fees shall be charged for all native tree removals on the site (see table, next page). Evergreen Native Trees (inches) Deciduous Native Trees (inches) Totals dbh notes dbh notes 1 47 -inches 1 2 17 -inches 2 3 11 -inches 3 4 4 5 5 6 7 8 9 10 11 12 13 14 15 Deposit 6 Total 75 -inches Total 0 -inches 75 -inches Mitigation Requirement Tree Fund Payment: $ 625.00 Tree Fund Payment: $ $ 625.00 ENVIRONMENTAL DETERMINATION The proposed project has been analyzed by a Mitigated Negative Declaration and Initial Study 2006-0010. No significant environmental impacts have been identified. CONCLUSION: ITEM NUMBER: 7 DATE: 5-16-06 The proposed project consists of an application for the Amendment to a Master Plan of Development to allow the applicant to construct a single-family residence outside of the previously approved building envelope. According to the applicant and the project engineer, the proposed building envelope on-site is superior to the approved building envelope. Three native oak trees are proposed for removal. ALTERNATIVES: 1. The Commission may modify the project and/or add conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The Commission should specify the reasons for denial of the project and recommend an associated finding with such action. PREPARED BY: Paul Tabone, Planning Technician ATTACHMENTS: Attachment 1: Applicant Justification Statement Attachment 2: Tree Protection Plan Attachment 3: Arborist Report Attachment 4: Site Photos Attachment 5: Draft Resolution PC 2006-0046 Attachment 6: Draft Resolution PC 2006-0047 ITEM NUMBER: 7 DATE: 5-16-06 Attachment 1: Applicant Justification Statement Atascadero Planning Department March 16, 2006 Dear Planning Department: In September, I purchased a residential parcel in Rancho de Paraiso at 6255 Alta Pradera Lane. Although the parcel is seven acres, it has a limited area where a residential home can be built. The 40 ft. by 40 ft. (1,600 square ft.) building envelope identified on Master Plan of Development Tentative Tract Map (Tract 2512) with this APN number: 054, 192, 019, is positioned at the 10 -ft. side yard setback and severely limits the building potential for this 7 -acre property. In addition the building envelope has an average slope of 29.2%. (See Exhibit 1) The CC&Rs for the Rancho de Paraiso development identify a dwelling with a minimum size of 1900 square feet. The current building envelope requires a two-story residence to begin to reach the minimum sq. ft. requirement for the development's CC&Rs. In fact, the new homes being built around us are 4,000 square feet and larger and many of these are single story residences. Therefore, the size of our approved building envelope is incongruous with the rest of the neighborhood. As my wife and I are in our late 50s, we believe a single -level home is a practical choice for our retirement. The general amendment recently enacted states that slopes should average 20% or less for building envelopes. The outlined area in Exhibit 2, drawn by Mark Davis, indicates the area of the lot that has slopes under 20%. This limited envelope positions the house along the edge of the roadway and necessitates the removal of additional trees. Realizing the severe limitations to the building envelope, my wife and I have conferred with Designer Deb Cox, Civil Engineer Mark Davis, and Certified Arborist Steven Alvarez to develop a suitable single-family residence on this property. We have positioned a new building envelope further north and west that fits the contour of the hill with a stem -wall foundation that limits the grading necessary for the construction of this residence and minimizes tree removal. The slopes on this new building envelope average 25% (See Exhibit 3). Our design provides significant superior elements, including the following: • Minimizes lot grading for foundation and septic system • Limits native tree removal • Is compatible to the Rancho de Paraiso CC&Rs • Is compatible to the size and type of home in this development • Affords my wife and me a single -level living space for our retirement years In addition, we would like to include a pool on the southeastern corner of the home. I am requesting approval of this new building envelope as well as the proposed house design. This change will allow my wife and me to build our home as our plans indicate, with minimal impact on this beautiful Atascadero property. Miq4ael Steiner ITEM NUMBER: 7 DATE: 5-16-06 Attachment 2: Tree Protection Plan 4 Attachment 3: Arborist Report ITEM NUMBER DATE: 5-16-06 v� A & T ARBORISTS P.O. BOX 1311 TEMPLETON, CA 93465 (805) 434-0131 1-24-06 Steiner Residence RECEIVE[ 6255 Alta Pradera Lane Atascadero, California FEB 0 7 2006 This tree protection plan is in regards to the above named parcel in A California. Plans are to construct a single family home on the undevel�EVELOPN property slopes down and away from Alta Pradera so there are limited building orientations. The native trees on site consist of both blue oaks (Quercus douglasii) and coast live oaks (Quercus agrifolia). Three blue oaks are scheduled for removal. An additional tree has greater than 50% drip line impact and it is included in the total removal diameter of 115 inches. With proper mitigation, tree #7 may be able to be saved. This tree will provide future aesthetic qualities to the property and all efforts will be made to mitigate the impacts. The engineer is moving the retaining wall on the west side of the tree out to ten feet. The wall on the east side of the tree will be constructed with gravity blocks so no footing will be required. The tree will receive an application of Cambistat plant growth regulator during February 2006. The overall goal of applying this product is to slow transpiration of the tree for three years and to promote root growth. Plant growth regulators work by decreasing cell size above ground therefore the new growth results in smaller leaves and shorter internode length in the stems. The result is decreased water requirements during the heat of the summer. The excess carbohydrates in the tree are translocated into the below ground portions of the tree resulting in increased root growth A & T Arborists believe this will give the tree the best chance for survival. In addition, monitoring for all impacted trees is mandatory. It is the responsibility of the owner to provide a copy of this tree protection plan to any and all contractors and subs that work within the drip line of any native tree. It is highly recommended that each contractor sign and acknowledge this tree protection plan. This project shall require an on-site pre -construction meeting with the city, owner, grading contractor and the arborist. Topics will include fencing, monitoring and requirements for a positive final occupancy letter. All trees potentially impacted by this project are numbered and identified on both the grading plan and the spreadsheet. Trees are numbered on the grading plans and in the field with an aluminum tag. Tree protection fencing is shown on the grading plan. In the field, trees to be saved have yellow tape and trees to be removed have red tape. Tree Rating System A rating system of 1-10 was used for visually establishing the overall condition of each tree on the spreadsheet. The rating system is defined as follows: ITEM NUMBER DATE: 5-16-06 Ratina C%Aition 0 0 Deceased 1 Evidence of massive past failures, extreme disease and is in severe decline. 2 May be saved with attention to class 4 pruning, insect/pest eradication and future monitoring. 3 Some past failures, some pests or structural defects that may be mitigated by class IV pruning. 4 May have had minor past failures, excessive deadwood or minor structural defects that can be mitigated with pruning. 5 Relatively healthy tree with little visual structural and or pest defects. 6 Healthy tree that probably can be left in its natural state. 7-9 Have had proper arboricultural pruning and attention or have no apparent structural defects. 10 Specimen tree with perfect shape, structure and foliage in a protected setting (i.e. park, arboretum). The following mitigation measures/methods must be fully understood and followed by anyone working within the drip line of any native tree. Any necessary clarification will be provided by us (the arborists) upon request. 1. Fencing: The proposed fencing shall be shown in orange ink on the grading plan. It must be a minimum of 4' high chain link, snow or safety fence staked at the edge of the drip line or line of encroachment for each tree or group of trees. The fence shall be up before any construction or earth moving begins. The owner shall be responsible for maintaining an erect fence throughout the construction period. The arborist(s), upon notification, will inspect the fence placement once it is erected. After this time, fencing shall not be moved without arborist inspection/approval. If the orange plastic fencing is used, a minimum of four zip ties shall be used on each stake to secure the fence. All efforts shall be made to maximize the distance from each saved tree. The fencing must be constructed prior to the city pre -construction meeting for inspection by the city and the arborists. 2. Soil Aeration Methods: Soils within the drip line that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include water jetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with a 24" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist(s) shall advise. 3. Chip Mulch: All areas within the drip line of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction. 4. Trenching Within Drip Line: All trenching for foundations within the drip line of native trees shall be hand dug. All major roots shall be avoided whenever possible. All exposed roots larger than 1" in diameter shall be clean cut with sharp ITEM NUMBER: 7 DATE: 5-16-06 pruning tools and not legged. A Mandatory meeting betwee.&e arborists and grading/trenching contractor(s) shall take place prior to work start. This activity shall be monitored by the arborist(s) to insure proper root pruning is talking place. 5. Grading Within The Drip Line: Grading should not encroach within the drip line unless authorized. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. 6. Exposed Roots: Any exposed roots shall be re-covered the same day they were exposed. If they cannot, they must be covered with burlap or another suitable material and wetted down 2x per day until re -buried. 7. Paving Within The Drip Line: Pervious surfacing is preferred within the drip line of any native tree. However, certain situations exist where pavers may not be the best mitigation. If the roadway is to be used for commercial vehicles, the over - excavation for the base sometimes exceeds twenty four inches. This excavation would remove the roots. Non-commercial use of pavers is more appropriate as the excavation is much less. However, in areas where the arborist feels the soil is shallow, paver installation will cause damage to the very roots being protected. Pavers must be interlocking with a minimum of 10% void space backfilled with pea gravel. Geo -textile fabric shall be permeable. The arborists would like to inspect the material prior to installation. Not applicable for this project. 8. Equipment Operation: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. Also there is to be no parking of equipment or personal vehicles in these areas. All areas behind fencing are off limits unless pre -approved by the arborist. 9. Existing Surfaces: The existing ground surface within the drip line of all oak trees shall not be cut, filled, compacted or pared, unless shown on the grading plans and approved by the arborist. 10. Construction Materials And Waste: No liquid or solid construction waste shall be dumped on the ground within the drip line of any native tree. The drip line areas are not for storage of materials either. This mitigation is extremely important within the walled area for tree #7. 11. Arborist Monitoring: An arborist shall be present for selected activities (trees identified on spreadsheet and items bulleted below). The monitoring does not necessarily have to be continuous but observational at times during these activities. It is the responsibility of the owner(s) or their designee to inform us prior to these events so we can make arrangements to be present. It is the responsibility of the owner to contract (prior to construction) a locally licensed and insured arborist that will document all monitoring activities. • pre -construction fence placement • any utility or drainage trenching within any drip line ITEM NUMBER DATE: 5-16-06 a� p � C r J � � � W U m W Z � � U � m — 3 a� � m CL C7 N z� O j J � o z z 4 z � U CL p pU F 8 F- w � O � � � � � � � � � � O o � z O I U B Z W } W } W } W } W } W W W W W Z O Z O Z O Z O Z O a o O � W } } } } } Z �Zt J i- W U p Z 7 z 0 N i o z w w Y 2 ~ Q Ud�� C C C C C , g h 00 =� Q � � � � � � � � � � 8 w Q C C C C C z tt U w g LL LL LL U .1 o U z a a a z o z Z O F f o o m o p n. C7 � (� C� C� C7 C7 C� C� C� C� C� F ~ U U � z O O w F W F - i a a u a Z Q o 0 0 0 0 0 0 \ 0 \ � a o �n o �n o �n o 0 0 0� o 0 0 0 0 0 Lu N Cl) cfl o `� 0 0 0 0 0 0 w 00 U � a OF --------------- 0 f Y W Q � W � p V � � � � 'd' V' C`') V M M V � i V W pi Z U ~ Z � = o 3 w a K O U o O w O O Y = LL 3 0 0 w w � o M � m � O O O O O O r Cp O M O O O aO (p f o a f p N N V V N N N C M N Y ` O w U a a p O f � N N C\jw U rc h w zo N � � O X X O O O O O O O O O O O O X O w O a w F F W m O O x o , z N J m Cl) o W �- �# r N M et � t0 ti O O O r N M d' u7 <D 1� ap O O f M e e F r r r r T r T T r r 04 ITEM NUMBER: 7 DATE: 5-16-06 Attachment 4: Site Photos 1 ��• _ .. . Vii, ur. Y ITEM NUMBER: 7 DATE: 5-16-06 Attachment 5: Draft Resolution PC 2006-0046 DRAFT RESOLUTION PC 2006-0046 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, CERTIFYING PROPOSED MITIGATED NEGATIVE DECLARATION 2006-0010 PREPARED FOR CONDITIONAL USE PERMIT 2006-0182 ON APN 054- 192-019, 6255 Alta Pradera Lane (Michael Steiner) WHEREAS, an application has been received from Owner, Michael Steiner, (108 Erna Way, Pismo Beach, CA 93449) to consider an amendment to CUP 2002-0078 approving a newly proposed residential building envelope on a 6.77 -acre site located at 6255 Alta Pradera Lane (APN 054-192-019); and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2006- 0010 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 16, 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 certify Proposed Mitigated Negative Declaration 2006-0010 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, 3. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project; and, ITEM NUMBER: 7 DATE: 5-16-06 4. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, 5. The project does not have impacts which are individually limited, but cumulatively considerable; and, 6. The project will not cause substantial adverse effects on human beings either directly or indirectly; and, 7. The added mitigation measure is more effective in mitigating or avoiding potential significant effects, and it will not, in itself, cause any potentially significant effect on the environment. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Proposed Mitigated Negative Declaration 2006-0010 ITEM NUMBER: DATE: 5-16-06 See Following ITEM NUMBER: 7 DATE: 5-16-06 Attachment 5: Draft Resolution PC 2006-0047 DRAFT RESOLUTION PC 2006-0047 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2006-0182 ON APN 054-192-0199 6255 Alta Pradera Lane (Michael Steiner) WHEREAS, an application has been received from Owner, Michael Steiner, (108 Erna Way, Pismo Beach, CA 93449), to consider an amendment to CUP 2002-0078 approving a newly propsed envelope on a 6.77 -acre site located at 6255 Alta Pradera Lane (APN 054-192-019 ); and, WHEREAS, the current General Plan Designation is Residential Estate (RE); and, WHEREAS, the current zoning district is Residential Suburban with a Planned Development Overlay # 16 (RS/PD-16); and, WHEREAS, a Conditional Use Permit amendment is required to amend the original conditions of approval set fourth in the original PD -16 Master Plan of Development (CUP 2002-0078) and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0010 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on May 16, 2006 studied and considered the Conditional Use Permit 2006-0181, 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: 5-16-06 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. 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; 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; follows: ITEM NUMBER: 7 DATE: 5-16-06 SECTION 2. Findings for Approval of Tree Removal. The Planning Commission finds as 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 16, 2006, resolved to approve Conditional Use Permit 2005-0182 and associated Tree Removal Permit subject to the following: 1. EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program 2. EXHIBIT B: Site Plan/Master Plan of Development 3. EXHIBIT C: Grading and Drainage Plan 4. EXHIBIT D: Floor Plan and Elevations 5. EXHIBIT E: Tree Protection Plan 6. EXHIBIT F: Landscape and Erosion Control Plan ITEM NUMBER: 7 DATE: 5-16-06 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: 5-16-06 Exhibit A: Conditions of Approval/Mitigation Monitoring Program Conditions of Approval Timing Responsibility Mitigation Measure CUP 2006-0182 (Amendment to Master Plan of /Monitoring Development, CUP 2002-0078) 6255 Alta Pradera Lane PS: Planning Services BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney Planning Services 1. All previously approved conditions for this site still shall BP/GP PS be adhered to, except for the newly proposed building envelope. This includes conditions of approval for Zone Change 2002-0034, CUP 2002-0078, and Tentative Tract Map 2002-0024. . 2. Approval of this Master Plan of Development shall be BP PS valid indefinitely with the previously recorded final map. 3. The Community Development Department shall have BP / FM PS the authority to approve minor changes to the project that (1) increase the intensity of the project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the 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. 4. Any and all Open Space/Tree Preservation Easements FM PS which were designated as non -build, non -storage areas with the original master plan of development and previously recorded Final Map shall remain as they were when adopted with previous conditions of approval and as they are currently. 5. Future construction on this lot shall be consistent with BP/GP PS this approved Master Plan of Development (CUP 2006- 0182) approved for this site. No construction is to take place outside of the newly approved building envelope. Exhibit A Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring CUP 2006-0182 GP: Grading Permit BP: Building Permit Services BS: Building 9 Services TO: Temporary Occupancy FD: Fire Department FI: Final inspecton PD: Police Department 6255 Alta Pradera Lane F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 3.b.1: The project shall be conditioned to BP BS/PS 3.b.1 comply 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. ITEM NUMBER: DATE: 5-16-06 Conditions of Approval CUP 2006-0182 (Amendment to Master Plan of Development, CUP 2002-0078) 6255 Alta Pradera Lane Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 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. 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. ITEM NUMBER: DATE: 5-16-06 Conditions of Approval Timing Responsibility Mitigation Measure CUP 2006-0182 (Amendment to Master Plan of /Monitoring Development, CUP 2002-0078) 6255 Alta Pradera Lane PS: Planning Services BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney 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 Precise Grading Plan shall BP BS/PS 4.e.1 identify tree protection fencing around the dripline 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 BP BS/PS 4.e.2 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 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. Mitigation Measure 4.e.3: The approved arborist report shall BP BS/PS 4.e.3 be adhered to during project construction. Mitigation Measure 4.e.4: An on-site pre -construction meeting BP PS 4.e.4 shall be required between the city, arborist, applicant, and grader prior to permit issuance. Mitigation Measure 6.b.1: The grading permit application BP BS/PS 6.b.1 plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drains stem during ITEM NUMBER: DATE: 5-16-06 Conditions of Approval Timing Responsibility Mitigation Measure CUP 2006-0182 (Amendment to Master Plan of /Monitoring Development, CUP 2002-0078) 6255 Alta Pradera Lane PS: Planning Services BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney 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 hydro BP BS/PS 6.b.2 seeded 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.1: A soils report shall be required to BP BS 6.c.d.1 be submitted with a 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 8.0.1: The developer is responsible for BP BS 8.e.f.1 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.1: All construction activities shall BP PS 11.d.1 comply with the City of Atascadero Noise Ordinance for hours of operation. ITEM NUMBER: 7 DATE: 5-16-06 Exhibit B: Site Plan/Master Plan of Development 1 \ \ \\ 'tom•_ _ j_ � f_ [ _ �-1 _ Previously Approved Building Envelope Proposed Residence l � •�/��/ii►=_ice �'' � /�� f I t i �\ 1\\til ! L < • / I /I / tom[ y� \'--/ \;\, �\ �•_�� 6 �–I- + • -_tom-\ 1 \ \ \\ 'tom•_ _ j_ � f_ [ _ �-1 _ Previously Approved Building Envelope Proposed Residence Envelope l � •�/��/ii►=_ice �'' � /�� f I t �\ 1\\til ! L < • / I /I / y� \'--/ \;\, �\ �•_�� 6 �–I- + • -_tom-\ L\ Pro osed Building p g —i Envelope Exhibit C: Grading and Drainage Plan ITEM NUMBER: 7 DATE: 5-16-06 43 I ITEM NUMBER: 7 DATE: 5-16-06 Exhibit D: Floor Plans and Elevations C. zea i \Lu ,1 a I I 4 u fit I yyyp La O � Em A `L_ �i II i� a RECEIVED i ZUNITY DEVEL MENT ED � J (011 4 J 1 4 Exhibit E: Tree Protection Plan i iIrl Ii t :I l i,iII iii !fl ml ►�� it { { EIf yI' ITEM NUMBER: 7 DATE: 5-16-06 COMMUNITY DEVELOPW:" .II .II ,,,i •i "It 111is '1 �Z }�I ii, , s! Hill Hi � }!�;{� Iii }I,IIi , t a i' � ilt � ...... Vii{ I,a.{{„{.I fill' � , �i � l 1, . 6 � •� \ �h n \ \ \ \\ , \\\ \ \ \ \ \ \ \\ ` \ nn •y 'I , \ `\ A,`\\ ,\ \\ \\ \ \ 1/\\ \\ \\ \ \ \\ \\\ \\\ \\\ \�� `\�------- 1i I \ \ \ \ \ \ \\ \\ \ \ \ \ \ \ \ --- - \ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ \\ 1 \\ \\ \\ \\ O \\ \\\ \\ \\ ,\\ \\ \\ \ \ `\\\\ \\\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ m I J N \\ \ \ \ \ • E�` \ % \\ \\ \\ ` \\ \ \\ \\ \ \ \\ \ \\ ` \/ ,.0 \ \ \ \ 1� \\ \\ \\* \\ \\ 1\ \ \\ \\ \\ \\ \\•�� \\ \\ \\ ! \ \ \ \' \ \ \/ \ \AA \ \ \ \ \ \ I \\ \ \ \ \ \ \ 1 \ ( \\ \\ \ \ \ \\ \ \\ \\ \ \ \\ \ \ 1 \ - \ \ \ \ \ \ \ \ \ \ \ �\ \ \ \ \ \ \ \ \ \ \\ K f_1 \\ �\ \ \ \ \ I I \ \ \ \ i1-/ 1 \ \ \ \ \ \\ \III \ \ i \ \ .`w /i \ A, Exhibit F: Landscape and Erosion Control Plan s x i rr �._ . p 411H pr ITEM NUMBER: 7 DATE: 5-16-06 COMMUNITY UF4` t_0WENT � / — -- ,. ggy+ p f¢ 4 1°� p � poo iY p i!Y t�1 �6 � Y7r �Y 9r@S yah: 96! , x t �rgy7 gRti°�ggY3tya 1y4 SAs i'�Ypyr Ayl7 Irl, 1�I!i ��'5 lit V., Spa M life 111, i ; /' / ;if lii • it . fill! ITEM NUMBER: 7 DATE: 5-16-06 COMMUNITY UF4` t_0WENT � / — -- ,. ggy+ p f¢ 4 1°� p � poo iY p i!Y t�1 �6 � Y7r �Y 9r@S yah: 96! , x t �rgy7 gRti°�ggY3tya 1y4 SAs i'�Ypyr Ayl7 Irl, 1�I!i ��'5 lit V., Spa M life 111, i ; /' / ITEM NUMBER: 8 DATE: 5/16/06 Atascadero Planning Commission Staff Report - Community Development Department Curbaril Office Development Master Plan of Development (CUP 2003-0089) / Tentative Tract Map 2004-0050 (Morro Rd. / Curbaril Ave. — Gearhart) SUBJECT: The proposed project consists of an application for an Amendment to a Conditional Use Permit and Tentative Tract Map to accommodate the construction of a commercial bank on the corner of Curbaril and Morro Rd. RECOMMENDATION: Staff Recommends: 1. The Planning Commission adopt Resolution PC 2006-0051 approving Conditional Use Permit 2003-0089 Amendment subject to conditions of approval and mitigation monitoring, and; 2. The Planning Commission adopt Resolution PC 2006-0052 approving Tentative Tract Map 2004-0050 Amendment, subject to conditions of approval and mitigation monitoring. SITUATION AND FACTS: 1. Applicant / Owner: Kelly Gearhart, 6205 Alcantara Ave, Atascadero, CA 93422 3. Project Address: 7955 Curbaril Ave. APN 031-161-024 4. General Plan Designation: General Commercial (GC) 5. Zoning District: 6. Site Area: 7. Existing Use: 8. Environmental Status DISCUSSION: Project Definition ITEM NUMBER: 8 DATE: 5/16/06 Commercial Professional (CP) 1.46 acres gross Existing vacant structure. Proposed Mitigated Negative Declaration 2004-0054 The proposed Amendment is a request to consolidate two of the approved nine commercial parcels to allow construction of a commercial bank building at the corner of Curbaril Avenue and Morro Road. Background On June 7, 2005, the Planning Commission reviewed and approved a commercial development consisting of nine commercial office buildings at the corner of Curbaril and Morro Rd. The applicant is requesting an amendment to allow a commercial bank building and associated drive-through ATM facility. Appearance Review funding Land Use and 9: is Commercial Professional is Commercial Retail/High Density Residential Residential Single-family (1 ac min lot size) Commercial Professional with some existing Multi- family uses ITEM NUMBER: 8 DATE: 5/16/06 Site Design The site plan has been redesigned to include a drive-through ATM and commercial bank building at the corner of Curbaril and Morro Rd. All parking lot areas will be landscaped consistent with the previous approval. Architecture, Materials, Color The applicant is proposing a one story building that is architecturally consistent with the previously approved design theme. The proposed commercial bank building consists of stucco exterior with concrete tile roofing and tile awnings over windows. Circulation and Parki Project circulation remains the same with the exception of the drive-through ATM facility. The project provides required parking based on Municipal Code standards. CURBARIL Architecture, Materials, Color The applicant is proposing a one story building that is architecturally consistent with the previously approved design theme. The proposed commercial bank building consists of stucco exterior with concrete tile roofing and tile awnings over windows. Circulation and Parki Project circulation remains the same with the exception of the drive-through ATM facility. The project provides required parking based on Municipal Code standards. ITEM NUMBER: 8 DATE: 5/16/06 Tentative Tract Map Amendment The proposed Amendment will reduce the number of individual lots to eight to allow all of the proposed bank improvements to be on one parcel. Shared parking and access easements will remain over the revised parking area and project entrance. Proposed Environmental Determination The proposed minor Amendment is consistent with the previously certified Mitigated Negative Declaration. Conclusion The proposed Amendment is consistent with the previously approved project and will facilitate the construction of a commercial bank and drive-through ATM at the corner of Curbaril Ave. and Morro Rd. ALTERNATIVES 1. The Commission may recommend modifications to the project and/or conditions of approval for the project. 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 deny the project. The parcel would retain its designation of Commercial Professional. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Draft Resolution PC 2006-0051 Attachment 3: Draft Resolution PC 2006-0052 ITEM NUMBER: DATE: 5/16/06 Attachment 1: Location Map, General Plan and Zoning Existing General Plan Designation: General Commercial Existing Site Zoning: Commercial Professional/PD-3 ITEM NUMBER: 8 DATE: 5/16/06 ATTACHMENT 5: Draft Resolution PC 2006-0051 DRAFT RESOLUTION PC 2006-0051 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT 2003-0089 (MASTER PLAN OF DEVELOPMET) ON APN 031-161-024 (Curbaril Business Center - Gearhart) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Ave; Atascadero, CA 93422), Applicant/Owner, for a Conditional Use Permit Amendment and corresponding Tentative Tract Map Amendment on APN 031-161-024; and, WHEREAS, the site's General Plan Designation is GC (General Commercial); and, WHEREAS, the site's zoning district is CPPD -3 (Commercial Professional with a Planned Development 3 overlay zone); and, WHEREAS, the proposed minor amendment is consistent with the previously certified Mitigated Negative Declaration for the project; 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 was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on May 16, 2006, studied and considered the proposed Conditional Use Permit Amendment; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for approval of Conditional Use Permit Amendment. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, ITEM NUMBER: 8 DATE: 5/16/06 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including provisions of the Planned Development 3 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. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on May 16, 2006, resolved to approve the Master Plan of Development (CUP 2003-0089) Amendment subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Amended Master Plan of Development/Site Plan EXHIBIT C: Amended Landscape Plan EXHIBIT D: Amended Grading and Drainage Plan EXHIBIT E: Amended Utility Plan EXHIBIT F: Bank Elevations and Floor Plans ITEM NUMBER: 8 DATE: 5/16/06 On motion by Commissioner , and seconded by Commissioner foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary the ITEM NUMBER: DATE: 5/16/06 Exhibit A: Conditions of Approval/Mitigation Monitoring Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2003-0089 /Monitoring Measure PS: Planning Services Curbaril Office Development p BL: Business License BS: Building Services FD: Fire Department GP: Grading PD: Police Department Permit CE: City Engineer BP: Building WW: Wastewater Permit CA: City Mornay FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Planning Department Standard Conditions 1. This conditional use permit amendment shall be for a bank building and associated PS ATM drive-through. 2. The approval of this use permit shall become final and effective for the purposes of FM PS issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority to approve the BP/FM PS following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Conditional Use Permit. 4. The granting of this entitlement shall apply to the property located at 7955 Curbaril On going PS Ave. (APN 031-161-024) regardless of owner. 5. Approval of this Conditional Use Permit shall be valid for twelve (12) months after its 13P/FM PS 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. 6. The applicant and/or subsequent owners shall defend, indemnify, and hold ongoing harmless the 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 proposed development. 7. All subsequent Tract Map and construction permits shall be consistent with the Master Plan of Development contained herein. 8. Prior to final map, the applicant shall submit CC&Rs or similar maintenance mechanism for review and approval by the Community Development Department. The maintenance agreement shall record with the Final Map and shall include the following: ■ Provisions for maintenance of all common areas including access, parking, ITEM NUMBER: DATE: 5/16/06 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2003-0089 /Monitoring Measure PS:Planning Services Curbaril Office Development BL: Business License BS: Building Services FD: Fire Department GP: Grading PD: Police Department Permit CE: City Engineer BP: Building WW: Wastewater Permit CA: City Attorney FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy perimeter walls, and landscaping. • A detailed list of each individual owner's responsibilities for maintenance of the individual units. ■ A provision for review and approval by the City Community Development Department for any changes to the maintenance agreement that relate to the above requirements prior to the changes being recorded or taking effect. 9. All signage shall be consistent with EXHIBIT F: 10. All exterior elevations, finish materials, and colors shall be consistent with the BP PS Master Plan of Development as shown in EXHIBIT B with the following modifications: • All exterior material finishes shall be durable, high quality, and consistent with the architectural appearance; • Any exterior light fixtures shall be compatible with building design, subject to staff approval. • Stucco siding shall be smooth finish. No machine finishes will be permitted. • Colors compatible with the overall design theme shall be required to be submitted during building permit review and shall be subject to staff approval. • Windows throughout the project shall be consistent. Windows shall be wood, anodized bronze, or similar dark color and shall be consistent with EXHIBIT H. • All roofing shall be consistent with the architectural style. • All buildings shall include consistent accent features and materials including building bases, tile accent features, and finish roof details. 11. Interior roof access shall be required to be shown on the building permit submittal. No exterior ladders for roof access shall be permitted unless both interior and exterior access is required per building code. 12. Buildings shall include a minimum of 3 colors and shall be used to accentuate BP/FM PS architectural features as appropriate, subject to staff approval. 13. All site work, grading, and site improvements shall be consistent with the Master BP/FM PS Plan of Development and grading and drainage plan as shown in EXHIBIT B and D with the following modifications: ITEM NUMBER: DATE: 5/16/06 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2003-0089 /Monitoring Measure PS:Planning Services Curbaril Office Development BL: Business License BS: Building Services FD: Fire Department GP: Grading PD: Police Department Permit CE: City Engineer BP: Building WW: Wastewater Permit CA: City Attorney FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy 14. A final landscape and irrigation plan shall be approved prior to building permit BP PS issuance and shall be included as part of site improvement plan consistent with EXHIBIT C and including the below listed modifications/clarifications: 15. All Conditions of approval from the original Conditional Use Permit shall apply where applicable. Fire Marshal 16. A NFPA 13 Fire Safety Sprinkler system is required to be installed conforming to BP FD/BS CBC, UFC, and City of Atascadero standards. System shall be designed by a licensed contractor and reviewed and approved by a licensed Fire Protection Engineer prior to submitting plans to the Fire Department. 17. Address signage design shall be provided prior to issuance of any building BP FD/PS permits. Exhibit B: Amended Master Plan of Development A!NAP()A A�NU� ITEM NUMBER DATE: 5/16/06 A CDn *t z m Exhibit C: Amended Landscape Plan f? t) ITEM NUMBER: 8 DATE: 5/16/06 S a 0 a -9 <v 9M �� 2" 02 + o nn r> Q. oZ O PO i2 mo 0Z <; 9mj OO <> a m i D� m0 79 LC ry rm ym Om 09 m O> OZ ;r 9 Z C O C ;> -Sin a3 XC 2 �D (Az z> c 0C :Eon r r0 �> za D Zn X zi m —r S9 r m�^ > ESN 0; m Z G C= N r 0 OC mS N -i9 H ;m 9 2 m 0 D ff Z Z m = t 9 n m w 0 m Z 2 O m = m> _0 Z O < w 0 ; 0 Z; N > P j D DV > O O g 2 D K C C `�1 C O fnn m x C N p x 9 y 9 O > '� 0 ` > c n e o f r = ITEM NUMBER: 8 DATE: 5/16/06 Exhibit D: Amended Grading and Drainage Plan ITEM NUMBER: 8 DATE: 5/16/06 Exhibit E: Amended Utility Plan ITEM NUMBER DATE: 5/16/06 Exhibit F: Amended Elevations and Floor Plans R I 5;H. ITEM NUMBER: 8 DATE: 5/16/06 Exhibit F: Amended Elevations and Floor Plans 0 CO3 e-- ITEM NUMBER: 8 DATE: 5/16/06 Exhibit F: Amended Elevations and Floor Plans Z�- 7 . 6� u f 3 rr cli L Z�- ITEM NUMBER: 8 DATE: 5/16/06 ATTACHMENT 6: Draft Resolution PC 2006-0052 DRAFT RESOLUTION PC 2006-0052 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING AN AMENDMENT TO TENTATIVE TRACT MAP 2004-0050 CONSISTENT WITH A MASTER PLAN OF DEVELOPMENT ON APN 031-161-024 (Curbaril Business Center - Gearhart) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Ave; Atascadero, CA 93422), Applicant/Owner, for a Conditional Use Permit Amendment and corresponding Tentative Tract Map Amendment on APN 031-161-024; and, WHEREAS, the site's General Plan Designation is GC (General Commercial); and, WHEREAS, the site's zoning district is CPPD -3 (Commercial Professional with a Planned Development 3 overlay zone); and, WHEREAS, the proposed amendment is consistent with the previously certified Mitigated Negative Declaration for the project; 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 was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Tentative Map Amendment; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on May 16, 2006, studied and considered Tentative Tract Map (TTM 2004- 0050) Amendment; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Approval for Tentative Tract Map Amendment, the Planning Commission finds as follows: ITEM NUMBER: 8 DATE: 5/16/06 1. The proposed subdivision, design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements, including provisions of the PD -3 overlay district. 2. The proposed subdivision, as conditioned, is consistent with the proposed Master Plan of Development (CUP 2003-0089). 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. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on May 16, 2006, resolved to approve an Amendment to Tentative Tract Map (TTM 2004-0050) subject to the following: EXHIBIT A: Tentative Tract Map EXHIBIT B: Conditions of Approval/Mitigation Monitoring ITEM NUMBER: 8 DATE: 5/16/06 On motion by Commissioner , and seconded by Commissioner foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary the ITEM NUMBER: 8 DATE: 5/16/06 Exhibit A: Tentative Tract Map I 1 1 �1 n IiI,7 ITEM NUMBER: DATE: 5/16/06 Exhibit B: Conditions of Approval / Mitigation Monitoring Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services TTM 2004-0050 BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Improvement Plans PD: Police Department FM: Final Map CE: City Engineer Curbaril Office Development TO: OccupTemporary y : Wastewater CA City Attorney Fl: Final inspection AMWC: Water Camp. F0: Final Occupancy Planning Services 1. The approval of this Tentative Parcel Map shall not become final and FM PS effective following approval of Conditional Use Permit 2003-0089 Amendment. 2. Approval of this Tentative Parcel Map shall be valid for two years after FM 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 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 Parcel Map shall be subject to additional fees for park or FM PS recreation purposes (QUIMBY Act) as required by City Ordinance. 5. The granting of this entitlement shall apply to the property located at On going PS 7955 Curbaril Ave. (APN 031-161- 024) regardless of owner. 6. 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. 7. The subdivider shall defend, indemnify, and hold harmless the City of FM PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 8. The final map shall be consistent with the approved Master Plan of Development (CUP 2003-0089) for the project site including building envelope locations. 9. Prior to final map, the applicant shall submit CC&Rs or similar maintenance mechanism for review and approval by the Community Development Department. The maintenance agreement shall record with the Final Map and shall include the following: ■ Provisions for maintenance of all common areas including access, ITEM NUMBER: DATE: 5/16/06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services TTM 2004-0050 BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Improvement Plans PD: Police Department FM: Final Map CE: City Engineer Curbaril Office Development 0 upancyrary : Wastewater CA City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy parking, perimeter walls, and landscaping. ■ A detailed list of each individual owner's responsibilities for maintenance of the individual units. ■ A provision for review and approval by the City Community Development Department for any changes to the maintenance agreement that relate to the above requirements prior to the changes being recorded or taking effect. STANDARD CONDITIONS 10. All public improvements shall be constructed in conformance with the BP, GP CE City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 11. In the event that the applicant is allowed to bond for the public FM CE 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 review FM CE and approval by the City Engineer to determine the amount of the bond. 13. The Subdivision Improvement Agreement shall record concurrently FM CE with the Final Map. 14. The applicant shall be responsible for the relocation and/or alteration of BP, GP CE existing utilities. 15. The applicant shall install all new utilities (water, gas, electric, cable TV BP, GP CE and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 16. The applicant shall monument all property corners for construction FM CE control and shall promptly replace them if disturbed. 17. The applicant shall acquire title interest in any off-site land that may be FM 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. 18. Slope easements shall be provided as needed to accommodate cut of FM CE fill slopes. ITEM NUMBER: DATE: 5/16/06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services TTM 2004-0050 BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Improvement Plans PD: Police Department FM: Final Map CE: City Engineer Curbaril Office Development 0 upancyrary : Wastewater CA City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 19. Drainage easements shall be provided as needed to accommodate FM CE both public and private drainage facilities. 20. The final map shall be signed by the City Engineer prior to the map FM CE being placed on the agenda for City Council acceptance. 21. Prior to recording the tract map, the applicant shall submit a map FM CE drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 22. Prior to recording the tract map, the applicant shall set monuments at FM CE all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 23. Prior to recording the tract map, the applicant shall pay all outstanding plan check/inspection fees. 24. Prior to recording the map, the applicant shall complete all FM CE improvements required by these conditions of approval 25. Prior to recording the tract map, the applicant shall have the map FM CE reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company 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 map. 26. Upon recording the final map, the applicant shall provide the City with a FM CE black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 27. Prior to the final inspection of any public improvements, the applicant FM CE shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 28. Prior to the final inspection, the applicant shall submit a written BP, GP CE certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 29. An encroachment permit shall be obtained prior to any work within City BP, GP CE rights of way. ITEM NUMBER: DATE: 5/16/06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TTM 2004-0050 SIP: Subdivision FD: Fire Department Improvement Plans PD: Police Department FM: Final Map CE: City Engineer Curbaril Office Development 0 upancyrary : Wastewater CA City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 30. Prior to the issuance of building permits the applicant shall submit a BP, GP CE grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. \\Cityball\cdvlpmnt\- CUP - Conditional Use Permits\CUP 03\CUP 2003-0089 Curbaril-Morro Rd.office park\meeting_02\CUP 2003-0089. PC - SR 2nd mecting.kg.doc