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Home My WebLink AboutPC_2006-06-06_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, June 6, 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 June 6, 2006 Page 2 of 6 (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 16, 2006. 2. APPROVAL OF TIME EXTENSION ON CUP 2003-0106, EOC SHELTER COMMUNITY DEVELOPMENT STAFF REPORTS 3. TREE REMOVAL PERMIT 2006-0091, ATASCADERO CREEK Owner: Atascadero Unified School District, 5601 W. Mall, Atascadero, CA 93422 Applicant City of Atascadero Public Works Department, 6907 EI Camino Real, Atascadero, CA 93422 Certified A&T Arborists, P O Box 1311, Templeton, CA 93465 Arborist: TRP 2006-0084 Project Title TRP 2006-0091 (Atascadero Creek Bank Restoration/ City of Atascadero) Project Creek Bank behind Atascadero City Hall, 6907 EI Camino Real, Atascadero, CA 93422 Location APN:029-361-003 Project A request to remove nine existing native trees: eight (8) native Black Walnut trees totaling 102.5 Description inches (dbh) and one Coast Live Oak tree totaling 49 inches (dbh), for the restoration of Atascadero Creek. 4. TREE REMOVAL PERMIT 2006-0084, KUDEN Owner• John Kuden, 2095 Valle Vista, San Luis Obispo, CA 93405 Certified A&T Arborists, P O Box 1311, Templeton, CA 93465 Arborist: Project Title TRP 2006-0084 Project 9380 Mountain View Dr., Atascadero, CA 93422 Location APN:056-322-024 Project A request to remove two existing native trees: one (1) Live Oak tree and one (1) Blue Oak tree, Description and account for the non -permitted removal of a 36" Coastal Live Oak tree for the development of a single-family residence. City of Atascadero Planning Commission Agenda PUBLIC HEARINGS Regular Meeting June 6, 2006 Page 3 of 6 (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. TTM 2004-0061/PLN 2099- 0581 (CONTINUED FROM 5-16-06) Applicant: 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 8.41 Description: acre parcel is to be divided into separate lots, one totaling 3.56 acres gross and the other 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 Proposed 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 at Determination: 6907 EI Camino Real, Community Development Department from 8:00 a.m. to 5:00 p.m., Monday through Friday. 6. AMENDMENT TO CUP 2003-0089/TTM 2004-0050/PLN-2099-0221 (CONTINUED FROM 5-16-06) Applicant: 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 Environmental Consistent with the previously certified Mitigated Negative Declaration. Determination: City of Atascadero Planning Commission Agenda 7. TPM -2005-0077 PLN -2099-0204 Regular Meeting June 6, 2006 Page 4 of 6 Owner: Sidney G. Moses, 8100 Coromar Avenue, Atascadero CA 93422 Project Title: TPM 2005-0077, Minor subdivision on >20% slopes Project 8100 Coromar Avenue, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 056-091-029 Location: Portion of Lot 15A Block 7 Atascadero Colony Project The project consists of an application to subdivide an existing 1.49 acre lot into two (2) lots Description: containing 0.50 acres and 0.74 acres. The site contains several native oak trees, an existing single family residence located toward the rear of the property, two sheds and a pool. Proposed Existing improvements will be retained on proposed Parcel 1 consisting of 0.74 acres. The Environmental proposed undeveloped Parcel 2 contains a 23.4% average slope with a 16.7% average slope Determination: within the proposed building envelope. Future access and development of a single family residence for Parcel 2 will impact approximately ten (10) native oak trees and result in the removal of six (6) Live Oaks (approximate). Parcel 2 will have access to Coromar Avenue by an access easement located on Parcel 1. The subject site is within a sewer service area. General Plan Designation: SFR -X Zoning District: RSF-X Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The certified Mitigated Negative Declaration is available for public review at 6907 Determination: EI Camino Real, Community Development Department from 8:00 a.m. to 5:00 p.m., Monday through Friday. 8. TPM-2005-0081/PLN-2099-0453 Owner: J. Kelly and Theresa M. Farris, 4680 Shadow Canyon Rd., Templeton, CA 93465 Applicant: Chris Seaberg, 2165 Wilton Dr., Cambria, CA 93428 Project Title: TPM -2005-0081 Project 7255 Navajoa Ave., Atascadero, CA 93422 Location: (San Luis Obispo County) APN 031-051-009 Project A proposed condominium map over an existing lot of record to create two airspace units on one Description: common lot. The existing residence and attached garage would remain and be converted to a condominium unit. An additional single story residence and attached garage is proposed. Proposed Categorical Exemption; Class 3 Environmental Determination: COMMISSIONER COMMENTS AND REPORTS 9. APPEALS OF PLANNING COMMISSION DECISIONS TO CITY COUNCIL THE PLANNING COMMISSION WILL DISCUSS THE CITY'S CURRENT POLICY THAT ALLOWS INDIVIDUAL COMMISSIONERS TO APPEAL DECISIONS TO THE CITY COUNCIL WITHOUT A FEE. City of Atascadero Planning Commission Agenda DIRECTOR'S REPORT ADJOURNMENT Regular Meeting June 6, 2006 Page 5 of 6 The next regular meeting of the Planning Commission will be on June 20, 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 June 6, 2006 Page 6 of 6 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: 6-6-06 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, May 16, 2006 — 7:00 P.M. Chairperson Beraud called the meeting to order at 7:00 p.m. and Commissioner Slane led the Pledge of Allegiance. ROLL CALL Present: Commissioners Fonzi, Jones, Kelley, Porter, Slane, O'Keefe and Chairperson Beraud Absent: None Staff Present: Community Development Director Warren Frace, Deputy Community Development Director Steve McHarris, Civil Engineer Joe Chouinard, Associate Planner Kelly Gleason, Planning Technician Paul Tabone and Recording Secretary Grace Pucci. PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA MOTION: By Commissioner Porter and seconded by Commissioner Jones to approve the agenda. Motion passed 7:0 by a roll -call vote. PUBLIC COMMENT None PC Draft Minutes 05/16/06 Page 1 of 10 CONSENT CALENDAR 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 Items pulled: Vice Chairperson O'Keefe, Item #3. Chairperson Beraud requested a change to the Minutes of May 2, 2006, page 2, Motion for Item #4: add that staff is to report back to the Planning Commission on the arborist's report. MOTION: By Commissioner Fonzi and seconded by Commissioner Kelley to approve Items #1 as amended and Item #2. Motion passed 5:0 by a roll -call vote. (Jones, Slane abstained) Item #3: Vice Chairperson O'Keefe stated she will vote no on this project as an expression of disappointment because when the project came before the Commission they were told it would be a balanced project with regard to cut and fill, however 70,000 cubic yards of fill have left the site and of that 7,000 cubic yards were dumped into the Salinas River. Chairperson Beraud requested a change to Condition No. 11.e. on page 24: change 2.5% to 5%. Commissioner Kelley stated that the project had taken place over the last 3 years during which there have been significant increases in building costs and he questioned if it is fair to place an additional financial burden on them at this time. MOTION: By Chairperson Beraud and seconded by Commissioner Fonzi to approve the Time Extension on TTM 2004-0047 with the correction to Condition 11.e. to read: In -lieu fees using 2:5% of the building valuation for the five (5) apartment units. Motion passed 6:1 by a roll -call vote. (O'Keefe opposed) PC Draft Minutes 05/16/06 Page 2 of 10 COMMUNITY DEVELOPMENT STAFF REPORTS 4. TREE REMOVAL PERMIT 2006-0087,13750 OLD MORRO ROAD Planning Technician Paul Tabone gave the staff report and with Civil Engineer Joe Chouinard answered questions of the Commission. Ex Parte Communications ■ Vice Chairperson O'Keefe stated she had spoken with the owner and suggested he speak to staff regarding access to a future barn on the property. PUBLIC COMMENT Tim Roberts, civil engineer and applicant's representative, spoke about the uniqueness of the project and explained how the access to the site was determined. Mr. Roberts answered questions of the Commission. Scott McMahan, applicant, spoke about how he came to acquire the lot, the tree removals, the proposed culvert and the possible construction of a barn. Chairperson Beraud closed the Public Comment period. MOTION: By Commissioner Kelley and seconded by Commissioner Fonzi to 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 and that the applicant work with staff on a combination of mitigation fees, replanting the trees, and initiating a tree preservation easement, and that he be allowed to use an arched culvert in the roadway design, and if there is an impact to the drainage way the applicant will be responsible for notifying the Regional Water Quality Control Board and pay a $60 fee to qualify for a nationwide permit, and contact the Department of Fish and Game to make a determination on the potential for a stream bed alteration permit and provide the City with evidence of that prior to construction in that area. Motion passed 7:0 by a roll -call vote. PUBLIC HEARINGS 5. CUP AMENDMENT 2002-0071, AMENDMENT CALVARY CHAPEL Applicant: Atascadero Calvary Chapel, 6955 Portola, Atascadero, CA 93422 PC Draft Minutes 05/16/06 Page 3 of 10 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. Community Development Director Warren Frace gave the staff report and answered questions of the Commission. PUBLIC COMMENT Ditas Esperanza, civil engineer and applicant's representative, stated that the applicant agrees with all the conditions of approval. Jerry James stated he lives adjacent to the site in question and expressed concern regarding the drainage plan, the impact to the neighborhood from increased traffic flow, and the occupancy load for the structure. Areon Liter addressed the vegetation removal at the site, and the increased water runoff created by the church. She would like to see the character of the street maintained. Terry Hargrave stated several concerns with the project including: lack of a professional arborist, water run off from the site, the unsightly nature of the decomposed granite slab, the safety of the drainage basin, signage, and the legal responsibility for the economic impact to the neighborhood. Steve De Stellen, speaking for himself and several other neighbors who could not be here tonight, stated that the church people have been working hard to improve the site, that there is no problem from traffic and that they have no complaints regarding the proposed project. Linda (no last name given) spoke about the impacts to the neighborhood from the church including traffic, lights, visual aspect of the parking lot, and loss of wildlife from the site. PC Draft Minutes 05/16/06 Page 4 of 10 Steve Shively, Pastor of the Church, spoke about the proposed landscaping and the removal of foliage from the site. He stated it is their desire to improve the site and the water runoff, and explained that he is working with staff to improve the lighting. Pastor Shively answered questions of the Commission. Chairperson Beraud closed the Public Comment period. Vice Chairperson O'Keefe commented that what was presented was not a professional landscape plan as requested by the Commission and she is concerned with the choices for plant material, she would like more drought tolerant and native plants. MOTION: By Commissioner Fonzi and seconded by Commissioner Kelley to adopt Resolution PC 2006-0017 approving Conditional Use Permit Amendment 2002-0071 based on findings and subject to Conditions of Approval with one of the conditions being that the applicant will work with staff and a professional landscaper to provide adequate landscaping utilizing drought tolerant plants and if at any future time the CUP is amended the easement could be reconveyed. Motion passed 6:1 by a roll -call vote. (O'Keefe opposed) Vice Chairperson O'Keefe stated for the record that she voted no because this did not meet the requirement for the professional landscape plan and the project continues to have an impact to the neighborhood from things like lighting in addition to the landscaping. 6. TENTATIVE TRACT MAP 2004-0061 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 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: 4/27/06 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. PC Draft Minutes 05/16/06 Page 5 of 10 MOTION: By Commissioner Fonzi and seconded by Commissioner Porter to continue this item to a date certain of June 6, 2006. Motion passed 7:0 by a voice vote. Chairperson Beraud recessed the hearing at 8:35 p.m. Chairperson Beraud called the meeting back to order at 8:42 p.m. 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. Planning Technician Paul Tabone gave the staff report and answered questions of the Commission. PUBLIC COMMENT Mark Davis, applicant's representative and engineer, explained the calculation for the slopes and the change to the building envelope. Mr. Davis answered questions of the Commission. Michael Steiner, applicant, spoke about the plans for the development of the property and the reasons for designing a single story home. Steven Alvarez, arborist, spoke about the large tree with the 60% impact and its chances for survival and related that the applicant had contacted him prior to purchasing the property and had designed the project with tree protection in mind. PC Draft Minutes 05/16/06 Page 6 of 10 Chairperson Beraud closed the Public Comment period. MOTION: By Commissioner Kelley and seconded by Commissioner Fonzi to 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, and that a mitigation deposit will be collected for the 4t" tree, to be returned to the applicant if the tree survives, and the change to the conditions of approval that all required setbacks for the future pool from the retaining wall and septic areas must meet all applicable city standards. Motion passed 6:1 by a roll -call vote. (Beraud opposed) 8. AMENDMENT TO CUP 2003-0089/TTM 2004-0050 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 Porter stepped down from consideration of this item stating he has a conflict of interest in that he is employed by Heritage Oaks Bank. Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Gerard Howard stated he does not think a bank on the outskirts of town makes sense, and was concerned that the drive through teller would significantly increase traffic and create safety issues in the neighborhood. Chairperson Beraud closed the Public Comment period. PC Draft Minutes 05/16/06 Page 7 of 10 Commissioner Fonzi was concerned with the problems of added noise, pollution and lights that will be created in a residential area by the drive-through ATM. She would like to see it removed. Vice Chairperson O'Keefe agreed with Commissioner Fonzi and was concerned by the cumulative impacts of drive-throughs throughout town. Commissioner Kelley commented that it is safer to use the drive through at night rather than walking up to the ATM. He also stated that mixed use projects encourage residential and business uses next to each other. Commissioner Jones suggested that as Atascadero grows, dissipating the use of facilities over 24 hours has a less cumulative impact that utilizing them during rush hours. Chairperson Beraud stated she is not in favor of drive-throughs and does not support having it at this location as it is too close a residential neighborhood. Commissioner Slane agreed that it is safer to use the drive-through ATM at night and doesn't believe there will be an impact to the neighborhood. MOTION: By Commissioner Kelley and seconded by Commissioner Slane to adopt Resolution PC 2006-0051 approving Conditional Use Permit 2003-0089 Amendment subject to Conditions of approval and mitigation monitoring, and; adopt Resolution PC 2006-0052 approving Tentative Tract Map 2004-0050 Amendment, subject to conditions of approval and mitigation monitoring. Motion failed 3:3 by a roll -call vote. (Fonzi, O'Keefe, Beraud opposed) Commissioner Fonzi stated for the record that she voted against the motion because of the drive-through ATM only. Vice Chairperson O'Keefe stated for the record that she voted against the motion because of the drive-through ATM only. MOTION: By Commissioner Fonzi and seconded by Vice Chairperson O'Keefe to adopt Resolution PC 2006-0051 approving Conditional Use Permit 2003-0089 Amendment subject to Conditions of approval and mitigation monitoring, and; adopt Resolution PC 2006-0052 approving Tentative Tract Map 2004- 0050 Amendment, subject to conditions of approval and mitigation monitoring, and with the condition that the drive- through ATM's be eliminated. PC Draft Minutes 05/16/06 Page 8 of 10 Motion failed 3:3 by a roll -call vote. (Jones, Kelley, Slane opposed) Commissioner Kelley reiterated that safety is the main issue in support of the drive- through ATM, and that this is a service people in town want. Commissioner Fonzi stated that the drive-through ATM has a special impact as it is in a residential neighborhood, and she stands in support of those already living there as this is new construction impacting those already in their homes. MOTION: By Commissioner Fonzi and seconded by Chairperson Beraud to adopt Resolution PC 2006-0051 approving Conditional Use Permit 2003-0089 Amendment subject to Conditions of approval and mitigation monitoring, and; adopt Resolution PC 2006-0052 approving Tentative Tract Map 2004-0050 Amendment, subject to conditions of approval and mitigation monitoring, and with the condition that the drive -up ATM be eliminated for this particular bank at this location. Motion failed 3:3 by a roll -call vote. (Jones, Kelley, Slane opposed) MOTION: By Commissioner Jones and seconded by Commissioner Kelley to continue this item to the next Planning Commission meeting and have staff come back making sure there is a representative for the hearing, and that there is an alternative plan for Commissioner consideration, and with information on how many people are expected to use the ATM, and that staff include the construction and elevations of what this drive- through structure looks like. Motion passed 6:0 by a roll -call vote. Commissioner Porter rejoined the hearing. COMMISSIONER COMMENTS AND REPORTS Commissioner Kelley suggested a future agenda item that would be a discussion by the Planning Commission as to how they would like to address the appeal process for Commissioners that is currently in place, and if it should be modified or kept as is. There was Commission consensus to place the appeal process for Commissioners on a future agenda for discussion. PC Draft Minutes 05/16/06 Page 9 of 10 Commissioner Jones asked if anything was scheduled for the 2 units of continuing education training required for the Commission. Director Frace stated the City Attorney and City Clerk are working on a training session, but it is not yet scheduled. Commissioner Fonzi questioned whether written comments should be given for the parking study. Director Frace stated the study was informational, however if Commissioners have comments they should give those to staff who will forward them to the agency. DIRECTOR'S REPORT Community Development Director Warren Frace reported that the appeal for the fence variance was denied, and that there is a workshop on May 30th, 6:00 p.m. regarding the Annex project at Del Rio and EI Camino Real, at which the City Council and Planning Commission will be seated. The purpose of the workshop is for the property owner to present his concepts and ideas, to take public comment and for the Commission and Council to give direction. Director Frace reviewed the agenda for the June 6th Planning Commission meeting. Chairperson Beraud announced she would be on vacation next month and will miss both Planning Commission meetings. ADJOURNMENT Chairperson Beraud adjourned the meeting at 9:40 p.m. to the next regularly scheduled meeting of the Planning Commission on June 6, 2006. ►�i1��1►[H:7.x��1:��7��7_1�J�l►�ill►l�ji�•'i�:7_��_1:��1: �'E Grace Pucci, Recording Secretary \\Cityhall\cdvlpmnt\— PC Minutes\PC Minutes 06\PC Draft Minutes 5-16-06.GP.doc PC Draft Minutes 05/16/06 Page 10 of 10 ITEM NUMBER: 2 DATE: 6-6-06 Planning Commission Staff Report Consent Agenda Time Extension CUP 2003-0106 965 EI Camino Real (Economic Opportunity Commission) SUBJECT: Consideration of a one-year Time Extension for Conditional Use Permit 2003-0106, a request for a 32 -bed overnight shelter. RECOMMENDATION: Staff Recommends: Adopt Resolution PC 2006-0056, thereby approving a one-year Time Extension of Conditional Use Permit 2003-0106 in compliance with Section 9-2.118 of the Atascadero Municipal Code. SITUATION AND FACTS: 1. Applicant: Economic Opportunity Commission, 1030 Southwood Drive, San Luis Obispo, CA 93401 Phone: 544-4355 2. Project Address: 965 EI Camino Real, Atascadero, CA 93422 (APN 049-041-010) 3. General Plan Designation: Suburban Estate (SE) 4. Zoning District: Residential Suburban (RS) 5. Existing Use: Headstart Preschool and supporting facilities 6. Environmental Status: Categorical Exemption CEQA section 15303 Class 3(c). \\Cityhall\cdvlpmnt\- CUP - Conditional Use Permits\CUP 03\CUP 2003-0106 965 EI Camino Real\Time Extensions\CUP 2003-0106 2nd Time Extension.PC staff report.doc ITEM NUMBER DATE: 6-6-06 DISCUSSION: Background: On June 8, 2004, the City Council approved a Conditional Use Permit (CUP 2003-0106) to co -locate a 32 -bed overnight shelter on property owned by the Economic Opportunity Commission (EOC) and currently used for the Head Start Preschool following an Appeal of the Planning Commission's action to approve the project in May of 2004. Entitlement permits expire after one year unless a building permit has been issued, the entitled use has been established or a request for a time extension has been filed prior to the expiration date of the approval. On May 31, 2005, the Community Development Director approved a one-year Time Extension after making the necessary findings required by the provisions of Section 9- 2.118 of the Atascadero Municipal Code, extending the project deadline to June 8, 2006. EOC is currently requesting a second Time Extension, as identified in the "Explanation of Request for Extension of CUP 2003-0106" in Attachment 2 to this staff report. The primary reason for this request is to accommodate extensive negotiations between EOC, the federal and state governments, and the former property owners. Negotiations are concluding but have created project delays beyond EOC's control. Analysis: The City's Zoning Ordinance provides that: Section 9-2.118(b) Continuinq Time Extensions. The Planning Commission may grant additional extensions after an initial extension, provided that each such extension shall not exceed one (1) year. Continuing extension may be granted when the applicant has filed a written request with the Planning Department on or before the date of expiration of the initial extension, and provided that the Planning Commission makes the following findings: (1) That substantial site work could not be completed as set forth in Section 9-2.114 because of circumstances beyond the control of the applicant, and (2) The findings specified in Section 9-2.118(a). (Ord. 68 § 9-2.118, 1983) (shown below as (1) and (2): (1) There have been no changes to the provisions of the General Plan or zoning regulations applicable to the project since the approval of the entitlement; and (2) There have been no changes in the character of the site or its surroundings which affect how the standards of the General Plan or zoning regulations apply to the project. \\Cityhall\cdvlpmnt\- CUP - Conditional Use Permits\CUP 03\CUP 2003-0106 965 EI Camino Real\Time Extensions\CUP 2003-0106 2nd Time Extension.PC staff report.doc ITEM NUMBER: 2 DATE: 6-6-06 Time Extension Findings: 1. Substantial site work could not be completed as set forth in Section 9-2.114 because of circumstances beyond the control of the applicant. Staff Comment: In August of 2004, EOC lost the original grant for the project due to timing issues (see Attachment 3). Since that time, EOC has been wading through the State grant process and was recently awarded a grant that should allow EOC to move forward with the project. 2. There have been no changes to the provisions of the General Plan or zoning regulations applicable to the project since the approval of the entitlement. Staff Comment: A review of General Plan Amendments and Zoning Code updates indicates there have not been any changes to these documents that would impact the project. 3. There have been no changes in the character of the site or its surroundings which affect how the standards of the General Plan or zoning regulations apply to the project. Staff Comment: There have been no changes to the character of the site or its surroundings that would change the application of the General Plan and Zoning regulations. All original conditions (see Attachment 4) of approval will continue to be in full force and effect until the project's completion. Project History: Original Approval Time Extension 1 Time Extension 2 CONCLUSION: Applied 5/16/05 Applied 5/17/06 Approval June 8, 2004 May 31, 2005 June 6, 2006 Expiration June 8, 2005 June 8, 2006 June 8, 2007 The City Council found the proposed project, as conditioned, consistent with the 2002 General Plan and Zoning Ordinance. Provisions of the General Plan and Zoning Ordinance relating to the project land use have not been amended since the project's original approval. The project continues to meet the City's goals, policies, and regulations. Staff recommends the Planning Commission approve the Time Extension. ALTERNATIVES: 1. The Commission may approve the Time Extension subject to additional or revised project conditions. \\Cityhall\cdvlpmnt\- CUP - Conditional Use Permits\CUP 03\CUP 2003-0106 965 EI Camino Real\Time Extensions\CUP 2003-0106 2nd Time Extension.PC staff report.doc ITEM NUMBER: 2 DATE: 6-6-06 2. The Commission may deny the Time Extension if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. PREPARED BY: Kerry Margason, Associate Planner ATTACHMENTS: Attachment 1 -- Location Map (General Plan & Zoning) Attachment 2 - Time Extension Request Letter Attachment 3 — Project Update Letter, dated August 2004 Attachment 4 - Original Conditions of Approval Attachment 5 — Draft Resolution PC 2006-0056 \\Cityhall\cdvlpmnt\- CUP - Conditional Use Permits\CUP 03\CUP 2003-0106 965 EI Camino Real\Time Extensions\CUP 2003-0106 2nd Time Extension.PC staff report.doc ITEM NUMBER DATE: 6-6-06 ATTACHMENT 1: Location Map (General Plan / Zoning) CUP 2004-0106 965 EI Camino Real Zoning District: Residential Suburban (RS) Land Use Designation: Suburban Estate (SE) \\Cityhall\cdvlpmnt\- CUP - Conditional Use Permits\CUP 03\CUP 2003-0106 965 EI Camino Real\Time Extensions\CUP 2003-0106 2nd Time Extension.PC staff report.doc ITEM NUMBER DATE: 6-6-06 ATTACHMENT 2: Time Extension Request Letter EXPLANATION OF REQUESW- OR EXTENSION OF CUP 2003-01 On June 8, 2004, the Atascadero City Council upheld a Planning Commission decision to issue a Conditional Use Permit (CUP) for the Economic Opportunity Commission of San Luis Obispo County (EOC) to construct an overnight shelter at 965 El Camino Real, Atascadero. On May 31, 2005 the Atascadero Community Development Director approved a one year extension of the time limit required to receive a building permit following the CUP effective date. This extended the term of the CUP to June 8, 2006. NEED FOR EXTENSION: Since receiving the CUP, EOC has secured an Emergency Housing Assistance Program Capital Development (EHAPCD) construction grant from the California Department of Housing and Community Development (HCD). A Standard Agreement was executed between HCD and EOC on September 21, 2005. The EHAPCD construction award brought additional conditions to be met, resulting in extensive negotiations between EOC, the federal and state governments, and the former property owners. Negotiations are concluding but have created project delays beyond EOC's control. During the EHAPCD negotiations, a pro bono construction team headed by RRM continued to develop the construction documents needed for plan check and to pull required permits. Because construction documents are being developed on a pro bono basis, it has been beyond the control of EOC to meet the June 8, 2006 deadline for pulling the first construction permit. COMPLIANCE WITH CUP CONDITIONS: When submitted, the application for a building permit will be in complete compliance with all conditions of the CUP, and will show no substantive changes from the project approved for the CUP. There will be slight modifications to the roof line, and it is proposed that the building will move ten feet farther away from the retaining wall on the north property line. BENEFITS TO THE COMMUNITY AND SUPPORT FOR PROJECT: Homelessness is a growing problem countywide and statewide. The countywide Homeless Enumeration Count and Survey Project conducted in October 2005 identified 1034 homeless persons in North County. This is 43% of the countywide homeless population even though North County represents less than 34% of the county's total population. Of these 1034 homeless persons, nearly 50% were children and youth under the age of 21. Building adequate affordable housing to meet the needs of all San Luis Obispo County residents will take many years. In the meantime, public health and safety dictate provision of emergency facilities to shelter homeless families and individuals. Construction of a permanent shelter in the North County has been a clearly identified need since the late 1990s and completion of this project will be of great benefit and importance to the North County communities. Community organizations and volunteers have rallied to serve North County's homeless population. ECHO'S all volunteer, faith -based temporary shelter has been operating since December 2001, in anticipation of EOC's permanent shelter being built. The Atascadero and Templeton churches that opened their facilities for the dinner/intake program and overnight shelter had no idea they would need to provide their sites for this long. Currently the shelter rotates between only four churches, including the church that hosts the dinner program year-round. The churches have been generous and patient but they did not anticipate such heavy utilization of their facilities. They strongly support development of a permanent facility and have agreed to continue providing their sites while the permanent shelter is being built. EOC's Board and staff are committed to development of a permanent North County overnight shelter and respectfully request an extension of our CUP for an additional 12 months. \\Cityhall\cdvlpmnt\- CUP - Conditional Use Permits\CUP 03\CUP 2003-0106 965 EI Camino Real\Time Extensions\CUP 2003-0106 2nd Time Extension.PC staff report.doc ITEM NUMBER DATE: 6-6-06 ATTACHMENT 3: Project Update Letter, dated August 2004 _D 10 August 23, 2004 TO: Wade McKinney, Warren Frace, Brady Cherry, John Couch FROM: Biz Steinberg and North County Shelter Team RE: Update on North County Family Shelter Project As you know, EOC has been working for nearly four years to build a homeless shelter for the North County. The project is a complex one, and despite many obstacles, is progressing to fruition. Most recently, we have encountered a funding challenge, but are already at work resolving it. This update is provided as a briefing on the North County Shelter Project. Project activities related to negotiation of EHAP construction deadline December 2003 A 6.5 earthquake hit North County, impacting Atascadero Planning staff with City Hall damage and other earthquake mitigation projects. January 2004 Atascadero City Council requested EOC to pursue an emergency extension o the construction completion deadline. April -August 2004 EOC negotiated with State for emergency extension of completion date. August 2004 Requested extension was not allowed by State Statute. State disencumbered EHAP award. Status of project As noted above, we have worked closely with staff of the State Department of Housing and Community Development regarding our requested extension, and to explore numerous alternatives to retain our EHAP award including purchasing manufactured units versus "stick" construction (won't meet deadline), or securing a local construction loan to be "retired" by EHAP funds (not an allowable use of funds). By the time our CUP application was placed on the April 20 Atascadero Planning Commission agenda, we had intensified negotiations with the State for an emergency extension of the January 2005 construction completion deadline. Negotiations ended in mid-August when the State disencumbered the award. At the August 19 EOC Board meeting, we had a lengthy discussion about the steps necessary to keep this project moving forward. The Board voted to authorize EOC staff to: ■ continue with project development activities, • update our community partners on status of the project, ■ pursue 2005 EHAP funds, ■ proceed with development of required construction documents, ■ continue to support the shelter program operated by El Camino Homeless Organization (ECHO). This morning we met with representatives of ECHO and the Homeless Housing Project (HHP) to share this update. The meeting was positive and very productive. Their commitment to the project and community is unwaivering. It is important that EOC, ECHO, HHP, the cities ofAtascadero and Paso Robles, the County, and other community partners keep a positive perspective. The EHAP construction award prompted us to move forward on a project that we had dreamed of but not yet designed. Throughout this complex project, EOC has been driven by a completion deadline that was very tight given the site search (6 months), Head Start permission (12 months), community review process (11 months), and other twists and turns of this project. ATTACHMENT 3: Project Update Letter, dated August 2004 \\Cityhall\cdvlpmnt\- CUP - Conditional Use Permits\CUP 03\CUP 2003-0106 965 EI Camino Real\Time Extensions\CUP 2003-0106 2nd Time Extension.PC staff report.doc ITEM NUMBER DATE: 6-6-06 e 7defivery. tant to focus on what we have accomplished. tart Branch supports our project andrepresents many opportunities for collaborative service fortunate to have completed our CUP process within six months of the December 2003 earthquake that severely impacted Atascadero's Planning staff and City Council. ■ State EHAP staff have encouraged us to apply for 2005 funding and believe that, with our CUP in hand, we will be considered very competitive for a new award. They also assured us that relinquishing the current grant will not be held against us in the application process. Ours is not the only EHAP contract being disencumbered. State staff say that each year a number of communities are unable to meet their construction deadlines, given the complexity of building community support and securing necessary construction approvals. We have appreciated the partnership and cooperation of all our community partners throughout this process. EOC and ECHO have worked so hard to make the permanent shelter a reality and EOC is committed to developing new construction resources. Our Board has directed us to assure the community -- especially ECHO, the City of Atascadero and other North County partners -- that EOC's commitment is strong and that this project is viable. The shelter will open later than anticipated but it will open. ATTACHMENT 3: Project Update Letter, dated August 2004 \\Cityhall\cdvlpmnt\- CUP - Conditional Use Permits\CUP 03\CUP 2003-0106 965 EI Camino Real\Time Extensions\CUP 2003-0106 2nd Time Extension.PC staff report.doc ITEM NUMBER DATE: 6-6-06 %I EI North County Shelter Pr�ct Activities as of 8/20/04: December 2000 Community partners met to consider applying for State shelter construction April 2003 funding. EOC was selected as the most viable applicant. January 2001 EOC developed preliminary architectural and engineering documents for shelter July 2003 project. February 2001 EOC applied for State Emergency Housing Assistance Program (EHAP) December 2003 funding. February -December 2001 EOC conducted extensive search to identify other potentially viable sites; no January 2004 superior sites were found so EOC signed the EHAP contract in December. Contract effective date is January 17, 2002; completion deadline is January 17. April 2004 2004. January -December 2002 EOC advocated for local and federal Head Start approval to co -locate on \\Cityhall\cdvlpmnt\- CUP - Conditional Use Permits\CUP 03\CUP 2003-0106 965 EI Camino Real\Time Extensions\CUP 2003-0106 2nd Time Extension.PC staff report.doc Atascadero Head Start site; permission granted in December. April 2003 EHAP granted a 12 -month extension; new deadline set for January 17, 2005. May -July 2003 EOC held three community workshops to refine facility and program design. July 2003 EOC submitted application to City of Atascadero for Conditional Use Permit (CUP). December 2003 A 6.5 earthquake hit North County, impacting Atascadero Planning staff with City Hall damage and other earthquake mitigation projects. January 2004 Atascadero City Council requested EOC to pursue an emergency extension of the construction completion deadline. April 2004 Atascadero Planning Commission approved CUP; decision appealed to City Council. June 2004 Atascadero City Council denied appeal and approved CUP. May -August 2004 EOC negotiated with State for emergency extension of completion date. August 2004 Requested extension was not allowed by State Statute. State disencumbered EHAP award. \\Cityhall\cdvlpmnt\- CUP - Conditional Use Permits\CUP 03\CUP 2003-0106 965 EI Camino Real\Time Extensions\CUP 2003-0106 2nd Time Extension.PC staff report.doc ITEM NUMBER DATE: 6-6-06 Attachment 4: Original Conditions of Approval CUP 2003-0106 Condition of Approval Timing Responsibility CUP 2003-0106 /Monitoring PS: Planning Services BL: Business License BS: Building Services BP: Building Permit FD: Fire Department TO: Temporary PD: Police Department Occupancy CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney Planning Services Conditions 1. The approval of this use permit shall become final and effective for the On Going PS purposes of issuing building permits, provided the required conditions of approval have been satisfied, fourteen (14) days following the Planning Commission approval unless prior to 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 Conditional Use Permit shall be valid for twelve (12) months On Going PS after its effective date. At the end of the period, the approval shall expire and become null and void unless the applicant has received a building permit, established the approved use or applied for an extension of entitlement. 3. The granting of this Conditional Use Permit shall apply to 965 EI Camino On Going PS Real, APN 049-041-010, regardless of owner. 4. This Conditional Use Permit allows for construction and operation of a 32 On Going PS bed, overnight shelter (item f). The uses already established on the site are made a part of the Master Plan of Development as shown on the attached site plan and as follows: a. Building A — Head Start 1,554 sq. ft. +/- b. Building B — Head Start 1,906 sq. ft. C. Building C - Existing Residence 1,214 sq. ft. +/- d. Building D — Storage 400 sq. ft. +/- e. Building E — Storage 1,191 sq. ft. +/- f. Overnight shelter 3,272 sq. ft. +/- 5. All site improvements, structures, colors, materials and landscaping shall BP PS be consistent with the attached exhibits. Dogwood and Liquid Amber trees shall be replaced with more drought tolerant and evergreen tree species. 6. Preschool uses are limited to typical preschool activities between the On Going PS hours of 7:30 a.m. and 5:30 p.m. Preschool parent activities, such as Center meetings and parenting classes, are scheduled at other times, as needed. Preschool children will be accompanied by a parent, guardian or teacher at all times while on the site. Children of shelter clients shall be in the care of a parent, guardian or, as appropriate, EOC staff person at all times while on the site. \\Cityhall\cdvlpmnt\- CUP - Conditional Use Permits\CUP 03\CUP 2003-0106 965 EI Camino Real\Time Extensions\CUP 2003-0106 2nd Time Extension.PC staff report.doc ITEM NUMBER DATE: 6-6-06 Condition of Approval Timing Responsibility CUP 2003-0106 /Monitoring PS: Planning Services BL: Business License BS: Building Services BP: Building Permit FD: Fire Department TO: Temporary PD: Police Department Occupancy CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney 7. Shelter uses are limited to overnight sleeping, showering, participating in On Going PS educational or support activities, and eating breakfast. Any expansion of the shelter, additional use of the shelter facilities or expansion or modification of the other uses existing onsite will require amendment of the Conditional Use Permit. The following uses of the shelter facility are not allowed: client screening, serving of dinner, use by clients between 7:30 a.m. and 6:00 p.m. 8. In accordance with Sections 9-2.109(3) and 9-8.105 of the Municipal Code On Going PS of the City of Atascadero, violations or failure to implement the conditions of approval or violations of public health and safety laws, such as, but not limited to, excessive noise, traffic, parking violations, loitering, vandalism, theft, nuisances, etc. constitute a violation of this conditional use permit and are subject to reconsideration by the Planning Commission. The Planning Commission has the authority to add, modify, change or delete any conditions of approval or revoke the conditional use permit. 9. The shelter shall be operated by the Economic Opportunity Commission On Going PS (EOC) unless otherwise approved by the Planning Commission. 10. Prior to Final Inspection of the proposed new construction, the EOC shall On Going PS submit a copy of a Caretaker's agreement to the Community Development Director for review and approval. 11. The EOC shall establish a Neighborhood Advisory Group to act as a On Going PS liaison to the neighborhood and overall community. EOC shall be responsible for appointments to the Neighborhood Advisory Group and shall provide the Community Development Department with a current list of members and the telephone number of the key contact person. Duties of the Neighborhood Advisory Group shall include, but not be limited to: a. Regular public meetings to hear any City or neighborhood complaints. b. Formulate responses/solutions to all complaints. C. Report results of all meetings to the Community Development Director including meeting minutes, attendees and any proposed responses/resolutions for complaint issues. During the first six months of operation meetings shall be held monthly. Thereafter meetings shall occur quarterly, unless the Community Development Director determines that less frequent meetings are warranted. 12. All recommendations of the Tree Preservation Report, prepared by BP/GP PS Carolyn Leach, dated August 1, 2003 and the amendment dated August 8, 2003 and all provisions of the City of Atascadero's native tree ordinance shall be followed during the construction process. Where there is conflict between the Arborist's recommendation and City standards/requirements, City standards/requirements shall be followed. BP/GP PS 13. If the Planning Commission approves the removal of Tree 9 as shown in \\Cityhall\cdvlpmnt\- CUP - Conditional Use Permits\CUP 03\CUP 2003-0106 965 EI Camino Real\Time Extensions\CUP 2003-0106 2nd Time Extension.PC staff report.doc ITEM NUMBER DATE: 6-6-06 Condition of Approval Timing Responsibility CUP 2003-0106 /Monitoring PS: Planning Services BL: Business License BS: Building Services BP: Building Permit FD: Fire Department TO: Temporary PD: Police Department Occupancy CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney the Tree Preservation Report, the applicant shall submit a tree replacement plan for replanting 9 five gallon or 3 fifteen gallon native stock Oak trees. The plan shall place emphasis on screening the project from the residential property to the east and shall be approved by the Community Development Department prior to installation. Tree 9 shall not be removed prior to establishment of the plantings, as determined by an Arborist (approximately 2-3 years). BP/GP PS 14. Prior to issuance of building permits, an onsite meeting shall be held to inspect all tree protection measures. The meeting shall include the Arborist, the grading contractor, the property owner/supervisor and a member of the Community Development Department. Prior to the meeting, all tree protection measures shall be installed and visibly evident. The Arborist's recommendations include: a. Install driveway on top of existing grade, without scarification, grubbing or subsurface excavation within the drip line area of trees 3, 4, and 5. b. Alternative paving materials, such as pavers, shall be used within the drip line area of trees 3, 4, and 5. C. Install underground utilities using a directional bore method. Pavers will not be required under the drip lines of native trees. Other options for the driveway shall be examined. There shall be very limited landscaping under oak tree drip lines with a focus on keeping the drip line areas in a "natural" state. 15. All onsite parking shall be in the designated parking areas shown on On Going PW Exhibit C. 16. There shall be no onsite parking of RV's for temporary camping/living On Going PW quarters. 17. The trash enclosure for the Shelter shall be of decorative, split -faced block BP PS with solid metal doors. Police Department Conditions 18. The EOC shall submit a management program to the Police Chief for FO PD/PS approval, prior to occupancy. The plan must include the following: a. A program description, including provision of qualified supervisors and a description of all onsite activities and services. b. Procedures for training staff and volunteers to recognize violations of the law or potentially dangerous situations. C. Provisions for monitoring access to the site and surrounding areas during daytime hours, when the shelter is not in operation. d. Provisions for responding to police or citizen complaints. e. Name and 24 hour telephone number of a "responsible party in charge" for all aspects of the Overnight Shelter program. The name and telephone number shall also be provided to the City of Atascadero Community Development Department. \\Cityhall\cdvlpmnt\- CUP - Conditional Use Permits\CUP 03\CUP 2003-0106 965 EI Camino Real\Time Extensions\CUP 2003-0106 2nd Time Extension.PC staff report.doc ITEM NUMBER DATE: 6-6-06 Condition of Approval Timing Responsibility CUP 2003-0106 /Monitoring PS: Planning Services BL: Business License BS: Building Services BP: Building Permit FD: Fire Department TO: Temporary PD: Police Department Occupancy CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney 19. Prior to issuance of building permits, EOC shall provide the City Police Chief On Going PD/PS with written copies of policies and procedures for screening Overnight Shelter clients. Emphasis will be placed on the rules and procedures for sex offenders. These policies and procedures shall be reviewed and approved by the City Police Department prior to final occupancy. All future proposed changes to the policies and procedures shall be approved by the City Police Chief. 20. Prior to issuance of a certificate of occupancy, EOC shall provide the City On Going PD/PS Police Chief with documentation of an agreement with the County Sheriffs Department for sex offender screening. "real On Going PD/PS 21. If the County Sheriffs Department cannot provide time" sex offender screening prior to the opening of the shelter, EOC will establish procedures for initial screening, to be approved by the City Police Chief, with follow up screening by the County Sheriffs Department. All shelter clients shall be screened by the County Sheriffs Department for sex offender status by the next available date for such screening after presentation at the shelter. Any client or potential client identified by the County Sheriffs Department as a sex offender, at any level, shall be prohibited from staying at the shelter or using its facilities. 22. The EOC shall continue to work diligently with the County Sheriffs Office to On Going PD/PS provide `real time" sex offender screening. On Going PD/PS 23. Prior to issuance of a certificate of occupancy, the City Police Chief shall review and approve rules and procedures to address the following: a. Procedures and penalties for bringing weapons to the shelter b. Penalties for violation of rules c. "Walkaways" d. Client screening e. `Terms of stay" f. Daytime loitering These procedures shall clearly define nuisance thresholds related to loitering, noise, and parking, in addition to violation procedures for criminal acts. All rules and procedures shall clearly state any and all consequences for violation of Shelter rules, procedures and policies. All future proposed changes to the policies and procedures shall be approved by the City Police Department. \\Cityhall\cdvlpmnt\- CUP - Conditional Use Permits\CUP 03\CUP 2003-0106 965 EI Camino Real\Time Extensions\CUP 2003-0106 2nd Time Extension.PC staff report.doc ITEM NUMBER DATE: 6-6-06 Condition of Approval Timing Responsibility CUP 2003-0106 /Monitoring PS: Planning Services BL: Business License BS: Building Services BP: Building Permit FD: Fire Department TO: Temporary PD: Police Department Occupancy CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney On Going PD/PS 24. There shall be one (1) "trained staff member" onsite at all times during hours of operation. "Trained staff members" shall be trained in first aid, CPR, emergency mental health procedures and sex offender screening. "Trained staff members" shall be employed by the managing agency of the shelter (EOC). Volunteers will not qualify as a "trained staff member." At no time shall there be less than two (2) person staffing of the shelter during the hours of 6:00 p.m. to 7:30 a.m. 25. Prior to issuance of building permits, the City Police Chief shall review and On Going PD/PS approve a copy of an agreement with the County Mental Health Department for responding to after hour calls at the shelter. 26. The City of Atascadero Police Department shall have the right to inspect the On Going PD/PS shelter facility and/or review the client list at all times, as deemed necessary by the Chief of Police. 27. All outdoor areas of the shelter shall be monitored by security cameras during On Going PD/PS hours of operation. In lieu of security cameras, the shelter may have a licensed security guard onsite during hours of operation. If security cameras are used, all tapes shall be backed up within 24 hours and shall be retained for a minimum of 15 days. 28. All outdoor areas shall be lighted by building -mounted down lights for visibility On Going PS during nighttime hours. A lighting plan that prevents off-site glare shall be submitted for review and approval by the Community Development Department. 29. All outdoor activities shall be limited to the hours of 6:00 p.m. to 10:00 p.m. On Going PS and must be within the fenced patio area. In no case, shall there be any outside activity on the premises after 10:00 p.m. 30. The outdoor patio area shall be fenced and screened from offsite views. All On Going PD/PS access to the outdoor area shall be through the shelter structure. 31. All shelter clients shall be screened and processed at the off site "dinner On Going PD/PS place' prior to transportation to the shelter. There shall be no 'walk-ins' or onsite screening of shelter clients at the shelter site. Shelter personnel shall provide transportation to the shelter site for clients without transportation. Clients with transportation shall "caravan" behind the shelter vehicles to the shelter site. 32. All clients shall caravan behind the shelter vehicles to the site after the dinner On Going PD/PS program. Any late arrivals shall meet shelter personnel as detailed in an "offsite pickup plan", approved by the City Police Chief and be escorted to the shelter site. \\Cityhall\cdvlpmnt\- CUP - Conditional Use Permits\CUP 03\CUP 2003-0106 965 EI Camino Real\Time Extensions\CUP 2003-0106 2nd Time Extension.PC staff report.doc ITEM NUMBER DATE: 6-6-06 Condition of Approval Timing Responsibility CUP 2003-0106 /Monitoring PS: Planning Services BL: Business License BS: Building Services BP: Building Permit FD: Fire Department TO: Temporary PD: Police Department Occupancy CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney On Going PD/PS 33. Shelter clients are not allowed on the grounds or in the shelter neighborhood during non -shelter hours. Persons not authorized to be onsite will be considered trespassers and the proper authorities will be notified. On Going PD/PS 34. At the time of morning departure, all shelter clients, without vehicles, shall be transported offsite, per a regional transportation plan to be developed and approved by the City Police Chief. The City Police Chief may review and amend this plan on an "as needed" basis. On Going PD 35. Daytime loitering or congregation of clients, onsite, in surrounding neighborhood, on commercial properties, on public streets, or in the Salinas River and Graves Creek areas shall not be permitted. EOC shall be responsible for the morning transportation and distribution of clients to appropriate locations to prevent this from occurring. Fire Marshal Standard Conditions 36. All proposed new buildings will require a fully automatic supervised fire BP/On FM/PS sprinkler system. Going FO/On FM/PS 37. All proposed new buildings will require an automatic fire alarm system with Going manual pull stations throughout. FO/On FM/PS 38. Smoke detection devices are required in all sleeping areas and shall be Going interconnected. FO FM/BS 39. A minimum of one fire hydrant will be required at the driveway entrance. 40. Fire Lanes: When approved by the Fire Chief, temporary access roads of a width, FO FM/PW vertical clearance, and surface, which provide access for fire department apparatus, can be used until permanent roads are installed. Fire lanes shall be at least 20 feet in width. Fire lane signs are required to be installed along access roadways, in locations where vehicle parking would encroach on the required clear width of roadway. A specific fire lane sign is required at the entrance to projects, which have designated parking spaces. "Fire Lane — Tow -Away Zone" signs shall be posted at 50 foot intervals, unless an "All Roads are Fire Lanes - Park in Designated Spaces Only" sign is posted, in which case the "Fire Lane — Tow -Away Zone" signs may be posted at 100 foot intervals. FO FM/PW 41. When required, all raised curbs along access roadways shall be painted red with white "FIRE LANE" letters stenciled on the face at a minimum of 30 -foot intervals. Where the fire lane roadway does not have curbs, a solid red line shall be painted on the pavement with "FIRE LANE" letters stenciled at 30 -foot intervals. The line and letters shall be of sufficient size to be visible from a vehicle in the fire lane. Where parking is to be allowed along the traveled way, at least 8 feet of improved width shall be provided. If curbs are not provided, the shoulder shall be constructed to the same specifications as the traveled way. \\Cityhall\cdvlpmnt\- CUP - Conditional Use Permits\CUP 03\CUP 2003-0106 965 EI Camino Real\Time Extensions\CUP 2003-0106 2nd Time Extension.PC staff report.doc ITEM NUMBER DATE: 6-6-06 Condition of Approval Timing Responsibility CUP 2003-0106 /Monitoring PS: Planning Services BL: Business License BS: Building Services BP: Building Permit FD: Fire Department TO: Temporary PD: Police Department Occupancy CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney Standard Public Works Conditions 42. 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. 43. The applicant shall enter into a Plan Check/Inspection agreement with the BP PW City. 44. The applicant shall be responsible for the relocation and/or alteration of BP PW existing utilities. 45. Existing drainage patterns from adjacent properties shall not be BP PW obstructed. Specific Public Works Conditions 46. The applicant shall address storm water detention to the satisfaction of the BP PW City Engineer, prior to grading and drainage approval. 47. The applicant shall pay sewer Extension (Annexation) and Connection BP PW fees upon issuance of building permit. All existing buildings must be connected to sewer. Applicant shall submit fixture unit count of existing and proposed structures to determine fee. 48. The applicant shall abandon all existing septic tanks and leach fields. BP PW 49. The applicant shall follow the recommendations of the "Sight Distance BP PW Analysis", which requires the modification of the southerly retaining wall. 50. The applicant shall install curb, gutter and sidewalk along the EI Camino BP/GP PW Real property frontage per City standards. Atascadero Mutual Water Company 51. Before the issuance of building permits, the applicant shall submit plans to BP/GP AMWC/BS 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 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. BP/GP AMWC/BS 52. Before the start of construction on the water system improvements, the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. BP/GP AMWC/BS 53. Before issuance of building permits, the applicant shall obtain a "Will \\Cityhall\cdvlpmnt\- CUP - Conditional Use Permits\CUP 03\CUP 2003-0106 965 EI Camino Real\Time Extensions\CUP 2003-0106 2nd Time Extension.PC staff report.doc ITEM NUMBER DATE: 6-6-06 Condition of Approval Timing Responsibility CUP 2003-0106 /Monitoring PS: Planning Services BL: Business License BS: Building Services BP: Building Permit FD: Fire Department TO: Temporary PD: Police Department Occupancy CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney Serve" letter from AMWC for the newly created lots within the subdivision. BP/GP AMWC/BS 54. The applicant shall 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. \\Cityhall\cdvlpmnt\- CUP - Conditional Use Permits\CUP 03\CUP 2003-0106 965 EI Camino Real\Time Extensions\CUP 2003-0106 2nd Time Extension.PC staff report.doc ITEM NUMBER DATE: 6-6-06 ATTACHMENT 5: Draft Resolution PC 2006-0056 CUP 2003-0106 965 EI Camino Real (EOC Family Shelter) DRAFT RESOLUTION NO. PC 2006-0056 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A ONE-YEAR TIME EXTENSION OF AN APPROVED CONDITIONAL USE PERMIT (CUP 2003-106, 965 El Camino Real EOC Family Shelter) WHEREAS, an application has been received from the applicant and property owner, Economic Opportunity Commission of San Luis Obispo County, Inc.,1030 Southwood Drive, San Luis Obispo, CA, 93401 to consider a one year time extension for Conditional Use Permit 2003-0106 to establish an Overnight Shelter; and WHEREAS, the proposed project is located within the SE (Suburban Estate) land use designation of the City of Atascadero's General Plan Land Use Diagram; and, WHEREAS, the proposed project is located within the RS (Residential Suburban) zoning district where residential care facilities are subject to the approval of a Conditional Use Permit; and, WHEREAS, the City Council held a duly noticed public hearing to consider the proposed Conditional Use Permit application and the Tree Removal request on June 8th, 2004 at 7:00 p.m., and approved the project subject to findings and conditions; and, WHEREAS, the Community Development Director approved a one year time extension on May 31St, 2005, thereby extending the life of the Conditional Use Permit to June 8, 2006; and WHEREAS, the project applicants applied for a second time extension on May 17th, 2006 which requires Planning Commission approval; and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed time extension to Conditional Use Permit 2003-0106 on June 6, 2006 at 7:00 p.m., 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. The Planning Commission makes the following findings: 1. There have been no changes to the provisions of the General Plan or zoning regulations applicable to the project since the approval of the entitlement; and 2. There have been no changes in the character of the site or its surroundings that affect how the standards of the General Plan or zoning regulations apply to the project. \\Cityhall\cdvlpmnt\- CUP - Conditional Use Permits\CUP 03\CUP 2003-0106 965 EI Camino Real\Time Extensions\CUP 2003-0106 2nd Time Extension.PC staff report.doc ITEM NUMBER: 2 DATE: 6-6-06 3. That substantial site work could not be completed as set forth in Section 9-2.114 because of circumstances beyond the control of the applicant; and 4. All original conditions of approval, as approved by the City Council on June 8th, 2004 remain in full force and effect. SECTION 2: TIME EXTENSION APPROVAL The Planning Commission does hereby approve a one-year time extension of CUP 2003-0106, to expire on June 8, 2007. 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\- CUP - Conditional Use Permits\CUP 03\CUP 2003-0106 965 EI Camino Real\Tii ;UP 2003-0106 2nd Time Extension.PC staff report.doc ITEM NUMBER: 3 DATE: 6-6-06 Atascadero Planning Commission Staff Report - Community Development Department Tree Removal Permit TRP 2006-0091 (Atascadero Creek Bank Restoration/ City of Atascadero) SUBJECT: A request to remove eleven (11) native Black Walnut trees totaling 101 inches (dbh) for the restoration of Atascadero Creek. RECOMMENDATION: Staff recommends: The Planning Commission adopt Resolution PC 2006-0055 to approve the request to remove eleven native trees subject to the guidelines and mitigation required by the Atascadero Municipal Code and Native Tree Ordinance. Situation and Facts: 1. Owner: 2. Applicant: 2. Certified Arborist 3. Project Address: BACKGROUND: Atascadero Unified School District, 5601 W. Mall Atascadero, CA 93422 City of Atascadero Public Works Department, 6907 EI Camino Real, Atascadero, CA 93422 Steve Alvarez, P.O. Box 1311 Templeton, CA 93465 Creek Bank behind Atascadero City Hall, 6907 EI Camino Real, Atascadero, CA 93422 APN: 029-361-003 Atascadero Creek has eroded the creek bank beneath City Hall and the creek bank must be restored. The project has been analyzed per CEQA (PPN-2004-0160) has and includes an extensive biological assessment has been prepared by Althouse and Meade. ITEM NUMBER: 3 DATE: 6-6-06 ANALYSIS: Erosion of the creek bank has caused a hazard for the back corner of Atascadero City Hall (see pictures below). Tree removals are required to allow restoration and stabilize the eroded creek bank. The proposed restoration includes relocating a portion of a gravel bar, keying in large rocks, constructing a concrete wall, and replanting the creek bank with native willows and other bank vegetation. The creek bank restoration project is needed to repair the erosion damage and ensure future creek bank stability. The City of Atascadero's Native Tree Ordinance requires that mitigation for proposed native tree removals be implemented as a condition of approval. Staff recommends that the applicant pay mitigation fees into the native tree fund. /E x S/onw�c,e AT9ScA p�,¢O G¢EEK LES TO,e A7I o�`/ r Y/ � — �u CONccvT SEG T/�/ AT CORi`/Ert c/ry H?L r_ By/c0/�/l. � _ � I SII gsS /i�Ev/ L ovC IAI�t C I I 1 � gSo $ FT w/or TEtRdCE '� I I (E4LTH uvErt �2iP% � .1 Vr'GrTATco I 'I EY 6/1 =uv0� — .eGCK StbPE PRo TEC)/0A/ I --` E H/ c /ie�ire c r• I I I t P E x CA/110N LJ 83s ITEM NUMBER: 3 DATE: 6-6-06 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 (i) and finding (v)) as appropriate for the application request: (i) The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an arborist; and (v). The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: • Early consultation with the City; • Consideration of practical design alternatives; • Provision of cost comparisons (from applicant) for practical design alternatives; • If saving tree eliminates all reasonable uses of the property; or • If saving the tree requires the removal of more desirable trees. CONCLUSION: The applicant has submitted a Tree Protection/Removal Plan with an Arborist Report. According to the arborist, all trees proposed for removal have been determined to be obstructing proposed improvements. PREPARED BY: Paul Tabone, Planning Technician ATTACHMENTS: Attachment 1: Aerial and Site Photos Attachment 2: Arborist Report Attachment 3: Draft Resolution PC 2006-0027 Exhibit A: Conditions of Approval Exhibit B: Tree Removal Plan ITEM NUMBER DATE: 6-6-06 Attachment 1: Aerial and Site Photos ITEM NUMBER: 3 DATE: 6-6-06 Attachment 2: Arborist Report A & Tl ARBOR=STS P.O. BOX 1311 TEMPLETOft CA 93465 (8") 434.0131 5-26-06 City of Atascadero Atascadero Creek Bank Restoration This tree protection plan is in regard to the erosion under City Hall adjacent to Atascadero Creek. Bank stabilization is necessary to protect the integrity of the northwest corner of the building. Currently, stream erosion has severely undermined the building by at least ten feet. Plans are to re -stabilize the building and divert the creek preventing future erosion. Only native trees identified in the Atascadero Native Tree Ordinance are addressed in this report. Native trees at this location are black walnuts (Juglans hindsi:) and coast live oaks (Quercus agrifolia). Several black walnuts slightly upstream from the corner of the building will have to be removed in order to re -stabilize the bank under the building. Total number of removals are I 1 with a total diameter of 101 inches. The removal process shall be performed in a manner that will not impact the nearby black walnuts that are to be saved. In other words, they shall not be pushed over by a bulldozer. Preferably they will be climbed and lowered without breaking limbs of trees that are to be saved. Trees #104 and #105 shall have their canopies raised and major deadwood removed prior to the removal of the nearby trees. Tree #151 may require some canopy raising for the access road. This pruning work shall be addressed during the mandatory pre -construction meeting. Two small black walnuts, #227 and #228, may have to be removed for the access road. These trees have not been surveyed so there exact locarion is not known- They have been included as removals at this time. It is the responsibility of the city to provide a copy of this tree protection plan to any and all contractors and subs that work within the drip fine 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, grading contractor and the arborist. Topics will include fencing, monitoring andrequirements 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 In the field, trees to be saved have yellow tape and trees to be removed have red tape per the current plan. Tree Rating System A rating system of I-10 was used for visually establishing the overall condition of each tree on the spreadsheet. The rating system is defined as follows: Rating_ Condition ITEM NUMBER: 3 DATE: 6-6-06 Attachment 2: Arborist Report 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. L Fencing: The proposed fencing shall be shown 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 city or their designee 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 -constriction 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 waterjetting, adding organicmatter, and boring small holes with an auger (18" deep, 2-3' apart with a 2-4" 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. Tree ##I5I shall receive mulch under the drip line prior to access road usage. During routine monitoring, the mulch layer shall be inspected for proper depth. Additional mulch may be required from time to time. 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 ITEM NUMBER: 3 DATE: 6-6-06 Attachment 2: Arborist Report possible. All exposed roots larger than 1" in diameter shall be clean cut with sharp Pruning tools and not left ragged. A Mandatory greeting between the 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. This project does not require actual trenching per se, however, there will be some creek bank removal prior to the stabilization process to remove the black walnut stumps. Proper root pruning shall take place for the saved trees. 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 ][toots: 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. 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. The exception will be tree #151 for the access road. 9. )Existing Surfaces: The existing ground surface within the drip line of all native trees shall not be cut, filled, compacted or pared, unless shown on the grading plans and approved by the arborist. 9. Construction Materials And Waste: No liquid or solid construction waste shall be dumped on the ground within the drip lune of any native tree. The drip line areas are not for storage of materials either. 10. Arborist MDnitoring: A ISA certified 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 • All work near trees #151, 104, 105, 106. and 107 • All grading and trenching near trees requiring monitoring on the spreadsheet in addition to any activities the project arborist deems necessary. 11- Pre -Construction Meeting: An on-site pre -constriction greeting with the Arborist(s), City Officials, Planning Staff. Lyndee Althouse and the earth moving team shall be required for this project. Prior to final occupancy, a letter from the arborist(s) shall be required verifying the health/condition of all impacted trees and providing any ITEM NUMBER: 3 DATE: 6-6-06 Attachment 2: Arborist Report 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. 12. Pruning: 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 ping for road/home clearance shall be pruned prior to any grading activities to avoid any branch tearing. Class 3 pruning includes — hazard pruning is recommended where safety considerations are paramount. This consists of removal of dead, diseased, decaying and obviously weak branches 2 inches in diameter and greater. Class 2 pruning is recommended where aesthetic conditions are secondary to structural integrity and tree health concerns. It shall consists of removal of dead dying, decaying, interfering, obstructing and weak branches as well as selective thinning to lesson wind resistance. Class 1 pruning has emphasis on aesthetics with removal of dead, dying, decaying weak branches and selective thinning to lesson wind resistance. 13. Fertilization and Cultural Practices: As the project moves toward completion, the arborist(s) may suggest either fertilization and/or rnycorrhiza applications that will benefit tree health. Mycorrhiza offers several benefits to the host plant, including fasters growth, improved nutrition, greater drought resistance, and protection from pathogens. The included spreadsheet includes trees listed by number, species and multiple sterns 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 measums 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 Arbo ' WE 6436-A ITEM NUMBER: 3 DATE: 6-6-06 Attachment 2: Arborist Report T�r -9 W Z Z W W W w W W W LU 11.F W LU V- W 0 Z z Z z z z U z z z z z Z z z z W z z z Z 000 Q 0 0 0 0 0 0 0 0 0 z z a z z z z z z z z z 10Z a� W TT I a oo� ww www�w w E H cr i WX W 0go 2 n o ¢0 w z a a d uj � ` d u_ LL, li LL Li UL LL u,. C LL - CL 0 ul a �o� caoc�c�t�c�C9c�(9a)ocaC9c�C7c7c�ca0 � ()N� v c� c� W F- $ �c zc� a_ d J d Q 0 0 0 0 0 \ of �Q o w d p g a o 0 0 0 0 0 0 0 00 0 0 0 0 0 c8 o a v Cl) c� c� c*� c*) c� M o 0 a a e. - v, � V O O -7 CD q to Lo tnv) v- r Z w O CN }� w pto CO 0 03 � G (3 `-cr) N K o X Q � N N N M u� Co Cfl N cv ch $ � g N w 0 3r � Sy 3: � 3 � O Ste" O O � � �' � � S' � � 3 F- W m m m (tl m J qp J -J m m a7 m m CD m [D m• W � W N e- N M er o00000o4"�o��'ocol•oNo4aO.a N N N N N F- F-- !- F■- (UCAV)CO) ITEM NUMBER: 3 DATE: 6-6-06 Attachment 3: Draft Resolution PC 2006-0008 DRAFT RESOLUTION PC 2006-0055 A RESOLUTION OF THE PLANNING COMMISSION OF ATASCADERO APPROVING A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL OF ELEVEN NATIVE TREES LOCATED ON LEWIS AVENUE APN 029-361-003 (TRP 2006-0091) WHEREAS, an application for a Tree Removal Permit has been received from Atascadero Unified School District, (Owner), and Steve Kahn, City of Atascadero Public Works Department, 6907 El Camino Real, Atascadero CA 93422 (Applicant) to allow the removal of nine native oak trees located on Lewis Avenue, APN 029-361-003, and, WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on June 6, 2006, and considered testimony and reports from staff, the applicants, and the public; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of Tree Removal Permit. The Planning Commission finds as follows: Trees proposed for removal are obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from a certified arborist and determined by the Community Development Department based on the following factors: • Early consultation with the City; • Consideration of practical design alternatives; • Provision of cost comparisons (from applicant) for practical design alternatives; • If saving tree eliminates all reasonable uses of the property; or • If saving the tree requires the removal of more desirable trees; and, SECTION 2. Approval. The Planning Commission hereby approves Tree Removal Permit 2005-0086 subject to the following Conditions and Exhibits: Exhibit A: Conditions of Approval Exhibit B: Tree Table Exhibit C: Tree Plan ITEM NUMBER: 3 DATE: 6-6-06 On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 6-6-06 Exhibit A: Conditions of Approval Tree Removal - TRP 2006-0086 Conditions of Approval Timing Responsibility Mitigation TRP 2006-0086 /Monitoring Measure PR: dorm Removal PS: Planning Services BL: Business License BS: Building Services BP: Building Permit FD: Fire Deparhent TO: Temporary Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. The applicant shall mitigate the removal or impact of the PR PS trees in accordance with the requirements of the Atascadero Native Tree Ordinance. 2. Trees #104 and #105 shall have their canopies raised BP PS and major deadwood removed prior to the removal of the nearby trees. 3. This project shall require an on-site preconstruction BP PS meeting with the city, grading contractor, and arborist. Exhibit B: Tree Table Tree Removal - TRP 2006-0091 Evergreen Native Trees (inches) 15 Deposit Total 181 -inches Mitigation Requirement Deciduous Native Trees (inches) dbh notes 1 2 3 4 5 Total 0 -inches Tree Fund Payment: $ 1,504.17 Tree Fund Payment: $ ITEM NUMBER: 3 DATE: 6-6-06 Totals 181 -inches $ 1,504.17 dbh notes 1 38 -inches 2 38 -inches 3 38 -inches 4 10 -inches 5 13 -inches 6 3 -inches 7 3 -inches 8 2 -inches 9 3 -inches 10 5 -inches 11 8 -inches 12 6 -inches 13 12 -inches 14 2 -inches 15 Deposit Total 181 -inches Mitigation Requirement Deciduous Native Trees (inches) dbh notes 1 2 3 4 5 Total 0 -inches Tree Fund Payment: $ 1,504.17 Tree Fund Payment: $ ITEM NUMBER: 3 DATE: 6-6-06 Totals 181 -inches $ 1,504.17 ITEM NUMBER DATE: 6-6-06 Exhibit B: Tree Plan ITEM NUMBER: DATE: 6-6-06 ITEM NUMBER: 4 DATE: 6-6-06 Atascadero Planning Commission Staff Report - Community Development Department Tree Removal Permit TRP 2006-0084 (9380 Mountain View Drive / Kuden) SUBJECT: A request to remove two existing native trees: one (1) Live Oak tree and one (1) Blue Oak tree, and account for the non -permitted removal of a 36" Coastal Live Oak tree for the development of a single-family residence. RECOMMENDATION: Staff recommends: The Planning Commission adopt Resolution PC 2006-0023 to approve the request to remove two native oak trees, and approve the previous non -permitted removal of a native oak tree subject to the guidelines and mitigation required by the Atascadero Municipal Code and Native Tree Ordinance. Situation and Facts: 1. Applicant/Owner: John Kuden, P O Box 3605, San Luis Obispo, CA 93406 2. Certified Arborist: A&T Arborists, P.O. Box 1311 Templeton, CA 93465 3. Project Address: 9380 Mountain View Drive, Atascadero, CA 93422 APN: 056-322-024 4. Zoning: Residential Single Family -Y (RSF-Y) 5. General Plan: Single Family Residential -Y (SFR -Y) ITEM NUMBER: 4 DATE: 6-6-06 BACKGROUND: The applicant is currently in the process of obtaining building permits for a single- family dwelling at the subject property. The proposed residence contains approximately 2,344 square feet of living space and a 576 square foot garage on a step foundation with caissons. The proposed residence is single level and will take access from Mountain View Drive. The residence and driveway improvements require 250 cubic yards of cut and 100 cubic yards of fill, with a total site disturbance of approximately 7,400 square feet. Trenching for utilities is identified below the drip lines of two native trees along Mountain View Drive. The Arborist has included several mitigations, such as using an air spade or hand digging, putting up additional tree fencing, and leaving a four - foot swath between the two trees in jeopardy during project construction (Attachment 3, Arborist Letter). PREVIOUS TREE REMOVAL According to the project arborist, a dead 36" Coastal Live Oak Tree was removed from the subject property without a tree removal permit in fall 2005. A Tree Removal Permit is required to bring the tree removal into conformance with the Atascadero Native Tree Ordinance. ANALYSIS: According to the Arborist, tree #4 is a 12" (dbh) Live Oak and the tree #11 is a 3" (dbh) Blue Oak (Attachment 2, Arborist Report). Several revisions have been made to the plans, and alternative building areas have been proposed. According to the applicant, the proposed area is the best location for a single-family residence. Due to the steep slope of the subject property, both existing trees are proposed for removal to allow for the construction of the proposed single-family residence. As identified above, tree #15, a dead 36" Coastal Live Oak, was removed without a permit. The City of Atascadero's Native Tree Ordinance requires that mitigation for native tree removals be implemented as a condition of approval. Staff recommends that the applicant pay mitigation fees into the native tree fund, as well as a penalty fee for the non -permitted removal of tree #15. 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 (i) (tree #15) and finding (v) (trees #4&12) as appropriate for the application request: ITEM NUMBER: 4 DATE: 6-6-06 (i) The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an arborist; and (v). The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: • Early consultation with the City; • Consideration of practical design alternatives; • Provision of cost comparisons (from applicant) for practical design alternatives; • If saving tree eliminates all reasonable uses of the property; or • If saving the tree requires the removal of more desirable trees. CONCLUSION: The applicant has submitted a Tree Protection/Removal Plan with an Arborist Report. According to the arborist, tree #15 was pronounced dead before removal and trees #4 & #12 have been determined to be obstructing proposed improvements and dead/diseased according to the Arborist. The non -permitted removal of tree #15 will be subject to penalty fees. PREPARED BY: Paul Tabone, Planning Technician ATTACHMENTS: Attachment 1: Aerial Photo Attachment 2: Arborist Report Attachment 3: Arborist Letter Attachment 4: Draft Resolution PC 2006-0023 Exhibit A: Conditions of Approval Exhibit B: Tree Protection Plan Attachment 1: Aerial Photo ITEM NUMBER: 4 DATE: 6-6-06 JW IAP ITEM NUMBER: 4 DATE: 6-6-06 Attachment 2: Arborist Report A & T ARSORISTS P.O. BOX 1311 TEMPLETON CA 93465--1 — ($l)5) 434-01:11 ---' 9-08-05 John Kuden Mountian View Project This tree protection plan is for the above named lot in Atascadero, CA. The property is slightly sloping into a ravine area with coast live oaks (Quercus agrifolia), valley oaks (Quercus lobata), and blue oaks (Quercus douglasii). The proposed home will be constructed in the open area on the lot with minimal tree removals. Required removals include a 12 inch diameter live oak and a 3 inch diameter blue oak. The maximum drip line impact for any the remaining trees is 15%. Tree 415 will not be impacted by the project, however, it will need a major crown reduction due to the numerous cavities. Tree #2 is located on the neighbor's property and will also need some crown reduction due to cavities. Permission to prune shall be secured by John Kuden. Trees #9, 10 and 12 will need some side trimming to allow for proper grading clearance. All utilities shall be routed outside of the drip lines. Sewer lines shall be routed outside of the drip lines also. 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 leave 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: Rating Condition Deceased Evidence of massive past failures, extreme disease and is in severe decline. May be saved with attention to class 4 pruning, insect/pest eradication and future monitoring. ITEM NUMBER: 4 DATE: 6-6-06 Attachment 2: Arborist Report 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 2-4" 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 I" in diameter shall be clean cut with sharp pruning tools and not left ragged. A Mandatory meeting between the 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. ITEM NUMBER: 4 DATE: 6-6-06 Attachment 2: Arborist Report 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. 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 12. Pre -Construction Meeting: An on-site pre -construction meeting 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) shall be required verifying the health/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall verify that the arborist(s) were on site for all grading and/or trenching activity that encroached into the drip line of the selected ITEM NUMBER: 4 DATE: 6-6-06 Attachment 2: Arborist Report V es, and that all work done in these areas was completed to the standards set forth runing: 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 and sewer/storm drains shall be placed down the roads/driveways 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. Roots greater than 2 inches in diameter shall not be cut. 16. Fertilization and Cultural Practices: As the project moves toward completion, the arborist(s) may suggest either fertilization and/or mycorrhiza applications that will benefit tree health. Mycorrhiza offers several benefits to the host plant, including faster growth, improved nutrition, greater drought resistance, and protection from pathogens. 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: 4 DATE: 6-6-06 Attachment 2: Arborist Report --------------------- m c m c c r J � _0 r � LL C1 Z � U U U I— C (6 (0 f6 U C CO N (6 N (6 � � N 3 z Q � U U U � a � N _ 3 2 i a U 2 a w F g w � o� W Q� w O w o w w C/) w O W 0 0 0 z r �- z �- z z z <� W w W � W w z b 7 dN U O Q Q op Q a '� � � � d. m rn rn W H W lh O C �' �' 2� C R' �' �' �' �' C C C 5 Z CL ~ � � �- Lt_ LL � LL l.L LL- li g a �i Q = a O z a a H ~ O a O O O Q rc p ' wcc U � C7 C7 C7 C� C7 y o O cr W F o c m U f a w Z J U d o 0 0 o p 0 cc a$ 0 0 0 0 ,n o 0 0 0 oe 0 I.- Q Q - - - - � - Q Q Q U W O 0 LU F a s W � p c7 N M�� t77 V N V c# N M V M N 0 6 w z2 F.. Z O U 3 n s a U d w d 0 Y = 3 w b a c? � m0 M� 6i N O O c+') O a o 'a � o a o � � N N � N N 00 U i Q ~ Z Q U W W CN w,w-J X O O X o X X o X X p O X O d E ° w� i 0- 0 0 p Y (n m m m m m w UU O `- w �� r N M r-- o® oa o r CIA M oD 0) �O ITEM NUMBER: 4 DATE: 6-6-06 Attachment 3: Arborist Letter F-i-&-T-A-HBORISTS 1 P.O. BOX 1311 TEMPLETON, CA 93465 (805) 4340131 4-3-06 John Kuden Jcff Dillon Mountain Vic%% Road Project Utility Trenching Be options= limited for connecting to the existing utilities at this future home site. Staying completely out of the drip lines would he next to impossible. The best route with the teast impact to the trees is anglint north towards Mountain VieNt Road and basieall} splitting the difference between the two valley oak trees (Quercmt lohaja). Additional 'ening will be required leaving a :our Iow. wide swath ie between the two tr"s for the trenching activities. All trenching shall be either hand dug or air spade lea%ing all root, intact that are two inches or greater in diameter and routing conduit aver; under the roots. The exposed trench shalt be photo dmumented by the arborists for the final occupant} letter. The owner or thea designec be responsible in nwil%ink ince arborists for 01S monitoring activin . 4r.ip Tamagni. ertifted Arborist *Wl: 6436-A e •�2 -� Ste%en Alvarez Certified Ailxvist 4W E 0,;1 1 ITEM NUMBER: 4 DATE: 6-6-06 Attachment 3: Draft Resolution PC 2006-0008 DRAFT RESOLUTION PC 2006-0023 A RESOLUTION OF THE PLANNING COMMISSION OF ATASCADERO APPROVING A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL OF THREE NATIVE TREES LOCATED ON MOUNTAIN VIEW DRIVE APN 056-322-024 (TRP 2006-0084) WHEREAS, an application for a Tree Removal Permit has been received from John Kuden, P.O. Box 3605, San Luis Obispo, CA 93406 (applicant and owner) to allow the removal of three native oak trees located on Mountain View Drive, APN 056-322-024, and, WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on June 6, 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: Before removal, tree #15 was dead, diseased or injured beyond reclamation, as certified by a tree condition report from an arborist; and Trees #4 and 12 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; and, SECTION 2. Approval. The Planning Commission hereby approves Tree Removal Permit 2005-0084 subject to the following Conditions and Exhibits: ITEM NUMBER: 4 DATE: 6-6-06 Exhibit A: Conditions of Approval Exhibit B: Tree Removal 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 2006-0084\TRP 2006-0084.PC-SR.pt.doc ITEM NUMBER: DATE: 6-6-06 Exhibit A: Conditions of Approval Tree Removal - TRP 2006-0084 Conditions of Approval Timing Responsibility Mitigation TRP 2006-0084 /Monitoring Measure PR: dorm Removal PS: Planning Services BL: Business License BS: Building Services BP: Building Permit FD: Fire Deparhent TO: Temporary Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. The applicant shall mitigate the removal or impact of the PR PS trees in accordance with the requirements of the Atascadero Native Tree Ordinance. 2. The applicant shall pay all required mitigation and PR/BP PS penalty fees due to non -permitted tree removal. 3. Per the project arborist report, all trenching shall be PR/BP PS either hand dug or airs spade leaving all roots intact that are two inches or greater in diameter and routing conduit over/under the roots. 4. Per the project arborist letter, additional tree fencing PR/BP PS shall be required leaving a four -foot swath in between the two trees for the trenching activities. Exhibit A continued: Conditions of Approval Tree Removal - TRP 2006-0084 Evergreen Native Trees (inches) Mitigation Requirement Tree Fund Payment: $ 725.00 Deciduous Native Trees (inches) dbh notes 1 2 3 4 5 6 Total 0 -inches Tree Fund Payment: $ ITEM NUMBER: 4 DATE: 6-6-06 Totals 87 -inches $ 725.00 *The 36 -inch tree is added again for the purpose of calculating double fees for its non -permitted tree removal. All fees total $725.00 dbh notes 1 36 -inches 2 12 -inches 3 3 -inches 4 36 -inches 5 6 7 8 9 10 11 12 13 14 15 Deposit Total 87 -inches Mitigation Requirement Tree Fund Payment: $ 725.00 Deciduous Native Trees (inches) dbh notes 1 2 3 4 5 6 Total 0 -inches Tree Fund Payment: $ ITEM NUMBER: 4 DATE: 6-6-06 Totals 87 -inches $ 725.00 *The 36 -inch tree is added again for the purpose of calculating double fees for its non -permitted tree removal. All fees total $725.00 Exhibit B: Tree Protection Plan Tree Removal - TRP 2006-0084 � J l C ITEM NUMBER: 4 DATE: 6-6-06 Fe..,i_.k R,! • ji 1 � FBFL�-L_ Ta 7Rct i'e--, w) C ¢.r6d �j.q�•oS 'Y ��T rtG�OG..iQ.rx-� v7 LEiT£�. 'tT,T60 y.3.or .nuc., � M* -r l�t�.�iK�.t}Tui�i �'(�..1r.L�e.s Foie. c.�ri � �n 6e py,,�.�—.,•.�',•� MV-T'�fs�aF— ITEM NUMBER: 5 DATE: 6-6-06 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 Road into two residential lots of 3.56 acres and 4.85 acres. RECOMMENDATION: Staff Recommends: 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 ITEM NUMBER: 5 DATE: 6-6-06 6. Existing Use: One existing single-family residence with detached garage and individual on-site septic system. 7. Environmental Status: Proposed Mitigated Negative Declaration 2005-0029. Background: Surroundina Land Use and Settina The site is located in the RS Zoning District adjacent to single-family homes to the North, South, and West, and the Chevron site to the East. The site's surrounding settings include moderate to steep slopes and native trees. The North portion of the site has Existing Tree i Open an open space and tree preservation easement, space Easement area which is crossed by a blue line creek and the , Chevron pipeline. /\P North: Residential Suburban South: Residential Suburban East: Residential Suburban West: Residential Suburban Previous Applications u Residential Suburban 3' 9� o The property was originally a Colony lot which has been through two (2) lot line adjustments in the past few years, resulting in the need to process this request as a tentative tract map. During review and approval of the previous applications, open space easements were required to protect native trees. Site Design Minimum Lot Size The RS Zoning District requires a minimum lot size of 2.5 to 10 acres, depending on performance factors. The proposed lots meet this requirement as shown on the Minimum Lot Size Calculations in Attachment 3 to this report. Building Envelope The applicant is proposing a building envelope with an average slope of 19.985% towards the western side of the property. There are several native trees within the building envelope that will potentially be impacted at the time of construction. ITEM NUMBER: 5 DATE: 6-6-06 — \ l rY As Proposed Open Space Easement a Proposed Driveway Location Proposed Building Envelope Natural Drainaae Swale: Large Drainage Swale Area There is a large drainage swale which runs in an east/west direction along the southern portion of the property. It is anticipated the swale will need a culvert at the point of access crossing. Native Trees: Construction of the proposed driveway will result in the loss of approximately seven Blue Oaks and one Valley Oak ranging in size from 9 to 20 inches diameter at breast height (DBH). It is unknown what the impacts will be to the several native trees within the proposed building envelope. The Planning Commission is not being asked to approve tree removals at this time. All construction drawings are preliminary and tree protection measures are sure to change when final construction documents are prepared. Staff has added condition of approval 15 which requires the applicant to have all tree removal requests approved by the Planning Commission. ITEM NUMBER: 5 DATE: 6-6-06 In addition to the applicant's proposed open space easement area, staff had included condition of approval no. 11 requiring an open space easement over an oak studded area along the eastern edge of the property as shown in Exhibit A to the draft resolution. The Arborist's Report, prepared by A&T Arborists in September of 2005, specifically requires that future building and construction remain outside the dripline of Tree 29, a 48" Blue Oak. Condition of approval 16 has been added to the approving resolution. Public Improvements: 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. 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 ITEM NUMBER DATE: 6-6-06 ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Proposed Mitigated Negative Declaration Attachment 3: Tree Protection Report and Spreadsheet Attachment 4: Minimum Lot Size Calculations Attachment 5: Average Slope Calculations Attachment 6: Parcel 2 Building Envelope Slope Calculation Attachment 7: Draft Resolution PC 2006-0049 Attachment 1: Location Map, General Plan and Zoning �sGOV,61do Road ITEM NUMBER: DATE: 6-6-06 ITEM NUMBER DATE: 6-6-06 Attachment 2: Proposed Mitigated Negative Declaration Attachment 3: Tree Protection Report and Spreadsheet drc T AR8ORZSTS �A W%1Nti/YNLItTON.GOIM• (l0f141F01J� r�cr s -.7o -0S DEC 12005 nary Iarx,n Trnmti,e Tract 2641 Pane12 IcOMMUMIry pF91lOR1{MI Ilia use,p",etbn plan is far the de-Inpnem of the obo —n—ad parcel In Aurneadm,, ('alaf mai. Mis Parcel hi i plains for a drivew-y and o building a IoN. Trm neat w the drnrwwy are coded with )elk,, tope fin,tsd u- -d "tape lr rcm,avd tsar. All trees within the building emekpe are only rmmbeml wnh a tag -,he cant Mra keratin L14OWNEWINNOINW. all p iranally reno,ed or mystiela'd lose, wilhan the building enwil"' were imrni,,,W with reaped m V. --let diameter at hremt height :vat general lKahh cnnda-lit I..rat impn'ts or p.amtbl rctoaal+ arc ml known m this rm• ro,Ine are no him fowl pima. 7 his in,enory douW kMf l a vol,ubk ural an deciding which tsar JxwW M rcmrwM and which trate.-1.1.1d he and. Consideration ahold he given a, sa,e ro nanny of the high. rating urea to,ndnkn S or h.ter) -s piviblr. ()hviomly the Iwnctkal Minding ,err may rwce,�narc the rcnowl of high. rated tsar In order to illtmrate the enraiti ri, of the Ina•+, t rating a or k,, are highlighted in yellow. I ree, rating S or higher arc highlighted m blit. [has hapefully will allow —hit-" detigmng lone. f •r thine rates to .elect Go,Mint accordingly. 'It— me no an pwttad on this ka nor -m Icach field. Iuturc co—lemIk,n should he gin arta drip lines to the griareo ryteot Puaiibk. (htt-er .'ion for the Mme fnaing should h da. igr" to ha• no ell— than 25% an,, any drip lin•. Ior eaongk w 10 heh dianner ,ree dxmwn't have any enroah—. cko.rr than 7. S tart farm the trunk. Inure ming -u1-111.11 be ---,yto detmma the east numbs of trees that will —d to be mm,ml from the lea -king with specific mitigation, to mw individual trees. Ili arc 1o.. 1.,r oaks ({barna. ugrll ilial, .alley oaks ((herrn /oMuo) and blue oak. ((h-_ if on the site. vel— oak arm wall nod to be --d for .,ad portion nfthb project with o tool damrrat-of 8a areh— the large. —,,at has :n dklm of 16 andira spesifi Natigati'm The driveway from tree a I to ince a8 spell he dc+igne d and --rusted .,only 4 .she, of po I n -no -d Mkr to boar ,dn adi,n. f hx auk arm arc quite sense iar m 1 alienations w all CIT"M to mimmirc impacts nnut Is, followed agog arlrcaswl2 . wl, and ala. Tree all is nest. the rain ora Pl-nn,N dnimge MM - rip rop mop anise. Ile tree wen h,r tree w Iv ,fn01r pbrad a. r •way form 1h. tr ro practicably possible. I ser i'2v b o bna.k tree end ill enbns hall Inc rn-de n, ase i1. Uecisioro will need o he made on whKth. tar buildthe Mme north or •r•uh.1 this tree. .eke to sttvrc ale 11as, All cllon, shall hemala• to raturrom Ile drwtrar from each -led Ior. I IK lnmg errant h ennstnanad pro, In the city para rwnankn meeting lir inyech,n by the e.ly-rad ale arh,ri.a 2. hall A<nlfoa Method.: soak wehin the drip lin that have hen comptcted by hm,) o liar or I aulor,orntrunkn armies moa be retuned k, then original stars hlrc all -ork n comPMnl. \Iclhd+islalc water jilting, aWitlg orgarnk natitt. and borirp ural; Mies with on nugtt 118' Jeep. 2• t' opal wish w 2-•f' augttl and the applkmion of mderalc .an„wr of nitrogen knilirer. 7 he arMristlsl shill adaoK 3. ('hip M•kb: All arca, ..hi.,he drip Ian ol'Ihe trm that aamoa be fcnr) shall reo or a a-6' la)tt of chop mulch to nRem m,bturc, sod .rnlmc rod rcJrnvc the eflW., of uul Cumprili,n. J. n Tttehht Within Drip Llre: All lnenalung Ior lo—dmx wehin IM dry, n of r liain, hull behood dot . All major nwar fall he ,on ded wtwm,,, Moaibk. Allumexposed n.r+Lager man I' b dimneler shell boas clearer cul with .hvr Prink mob andartk0ragged AMwwdnhu na o9he, the.ho. and =i-1111 chfrg eh. Yana) Hall nLe place Mur Io ..,rk ran. I her atrvar Jull h moneor,d try Ile mboria(s) to anwre poM, nal perming as ,alkang place. _q. Gradiat Within I be Drip Line: (ar:xl.ng .h•uld not ran o h walon the dor a unl leca li.,varl. (irudin,g +hwW err Jnrup ale mmol drainage pnttcm wound lit ores Idh Jxould err create u pondmi; enndni . and eaca,mon, .Mold err ka,e the ucr on o rapidly J.... tag ma d. 6. Eaposal kn•n: any -jr oed n -e, stall he re o,ered the .arae Jan Iley cap nod I I they canrol, they must h coacrcJ wnh hulas or anther witMk material ural w ',d down 2" per day train rs=d. P-lait N'i1Na The Drip Line: Perron nufa.ryl as I el d witha,dK drop is of any tome ire only .f grade changer can be kept to an abn,ime mmunum. 111,w satuali oar a where to,m o1 hethe be. miligalkn. II the nadway a+to he used f r bl sehiks, the ostt-rvcaamim for the inn, nrNa twamty four sI. this ,miner would n-moe the o.rs Non. ebi a of ry,rn c uPtwuptu,c m the es.... l on o meh len. l l.,,e,w, r.rc the a bo—, fi l+rsi the al o J alto , raper rmtallaiirm will c-- damage Iu r, .1 the ,env leak hog imreared. Palen rant he imerkKkilg wnh u mm.mum of 111'. „oil ,pace bcLf lkd wi,h Ma I;ruaa•1. first-tcatik fable stall he perneahlc. the arh,ri.s would like hp ,meal 11e roar..' prior h, a ra.IL ha. I I naJ .uri:ne rn-rroachnem can M LmteJ l less,han _5sk ol'Ihe drip lea, ry,rn me err rnca.,n tl. f:qutpmcnt ()penlba: \'cheks and roll heavy cgmpnem dell err h or,+en under the tsar as llua wall n.mn h,lc to seal erns uln. Al. Ib- it to be nu are affilor eq•aparnt or prrtowwl v<Ykk. b abase ami. All arca, hhan,1fcnmg arc oD hmns unit„ Mr-appnwcd M ale m o .. 9. h:dsllnt sarlace,uIM esa.mg gerund arfa w.thin the drip lasofalloal, in— ,hail on, be or. filled, ean".ed or rued. tolaa aMwn on the gln1mg plans wad approsrd by the arI-. ITEM NUMBER DATE: 6-6-06 1 hi. pnolrra +h-11 rrruirc -n -ddu-.-"I'pacr npnn for the sass. hornr kr ton .n.l -n nn -stirs per- o 1rso,un mrctang wuh rhe clip, er-dout rnarnenr -nJ 1h, -rM.rfat. '1 nIJr. wall inrludr fencing, ...aporia.. -I rrquiremem. for -rano l,e nn.l ocrar•nr. truer. All teras-, lwolcm w111� unp.w1-1 to 11or, M•.w-al .-a-111-1 -1 wkrrnlical -1 both u, grndrpan mrd she sprcaJ.heet. I rm ars numhnvl ret she grnlaNt slam and in ale field with an ulum.aura tag. lite raga on Inco an she M.W 1ng no kno have ro pegging tope ar thio line rad mf `r tsar and impacted .rasa no len [--,he Ma.p>wd road fasts rrJ Inpe ! rnxwnh d retinal tape I.•rc—Id lorcel Tare Daflwt sy.tm A rating a), ,. of 1 -Ir war used for ,.malty hlq it, the warrall r ,niki a „f rash tree on she +tonsaalhca't Ite mung .ysncm .s dclinc.lmlullwn: Et.t�1 y (nnJrn n Ili ca.rJ 1 I:.vxlerar of mann— ino ladum, catrcmc diwcnlc and a, an .carr.• lectin. May h sasedo. an wnh ,rntkm to cbu a pruning, ,n1crVPelt eroJkn n aril future nxana -o l tine (`a. failure s pert. err stmctun,l lkfreta 1h,m nroy h it agotard by clava*Iv,Munrng a Flan In c half n .r pan (uilun a denfwsawl for minor ural delret hat car, M rnrtigalN w,th pronmg. S gelm,+ely leah by the wah Intl vi_l Jner_ nerd err fart 1kfa1+. 6 l leahhy un• that p.ohahly a -an Is, kit -.1, natural +Ina•. 7-9 Ilnae in11 proper nMrkulmml twunl., and attcrai.n or In+e n, apparent .nKurrnl 1klrtt+. In tiParinen tree wnh perfnr +haps, o—lare nod fool. g ,n n pwnravl x -ding I,e. Inrk, astasia m. the lolk,wing n,atigw festa nenw,nr. i,eihd+snot he hilly unkrarl-d wd f.IkrweJ Iw anyone warkrng -athin the drip lin ofan a uer. Any nwaea. clarilir..... will ;:Yom ray uv (the arhon.11 upon rcquc..r, I....... I IK M1wyw,1 lis.ng liar the h,ne,Inll for Ja,wn m olangc . k m the grnJmp plane r f o1Mba em known f r the MnK. 1 M fen mg lr the n.eJ 1s 1on ale p1.—."11 mu. M a m.nrmum of J' high chain link... for —lety (enc uakcJ a the edge ol'tit dnp lme aor fine ofenc.—h rrat for rich use or gawp of trees l le frac .tall h rap hire onY cnn.raKt6n ur conn nerving ilegina. 'lhe rat' or then des."_ 0.11 toe ra yw•nr,hk for maamaanang art erne fcnr'hem-1 om the eonvaaari n pend. It.._ hor,,u, nuaf -motion will anapect the r ne plucrmnnl clefmires If teorange pl, fera-a 11dmm,mumof lar nPtev ru-1 h anNe aipt pit oval. u,ed „n rash 10. C raintracsiow Mwteria6 And Wrote: No liquid or solid construction waste fall be dutopcd on the ground within the drip lane ofany mise I_ 11e drip line areas are mq for storage of materials either. 11.Arborha Monitoringrcse: An arfwuea shall he r 9 liar wk -tcd .hanker Item idrminud un .,PmW+hmt and 'nems hulkted below). The munimring down nil 'easarily Mae In be cnotinu,w but ot-n i,ral or times during their -,is gib D is the rrsMnroibilnY ofthe owrner(s) of their desigrwe l inform u. Mi,r to tlesc c cat+ n, an make arrangement to he prcaent. h is the responsibility of the owner to ason-ci (prior lin eon. yionl a kwally licenced and amn,red arborist that will docunem all —,.timing aclivilki • (we-eorot pion le—, placenenl • any utility or dram,,ge lrenhing within any drip line • All gmding and trenching near %secs rrquaring monitoring on the srnnJJKet 12. Pr -C -r afraelbn Minion: An on-site per rorriruetkn meeting with the Mlarim(s). City (brink, Planning stall: and the earth roving from shall he ,qua W for this inject. Prior to final occur racy. a letter from the arhurisI(s) spell be rcquind verifying the heahNcondnkn ufali impactedto and providing any rceomnKrdati re, fnr my aJJninol mitigmim. T1s letter hall ,rrafy 1Mt the whoraJ(s) were on site Iia Ll figrading and/or enhima t tivaty flan ennhe ,mcd ami the dnip line of the selected le natires, and trthat all s,vrk dna an these arras a.aa conq,letcaf uo 1h. slardard+ set f rah aloe. I t. Pranint: ('Inns J Musing asindcs-C'rown mM lucuon uning shall cumio of redatim of top., ,idc, or individual limbs, A trained arbormt Ball perform all Miming. No Musing shot' take more tit n 25"4 of the lave crown of- strove I -e. Any trees that may rx ed perming for rond/xomc rkamnr shall he paned prior to any grading aeusttacs to avoid any Manch fearing. Class l pruning ialudir by d pruning is ret ommcrwkd where safety considermkro arc P aram unt. This curoi.s of remival of dead, M diseased. decaying mrd oh,i,udy weak hnnhes 2 inches in diameter and grcarer. C l.'s 2 using is nKndal ed here condanns arc,erondwy to stmetural integrity and Inca• health co -erns. 11 —11 e" i t, of removal ofdead Jying. decaying• interfering. .t.—ung and sneak Mashes as well as ackclise thinning 10 lesson wind n ia,amc. Clan I pruning has emPha,is on nesthrtks with nerno-I nfdead. Jying, daca)mg weak hrmales aril selective thinning 10 k n wind rc nru ec. 14.Iaad-e•pe: All lard<cape under the drip4me shall be drought tolerant err jai a varklaes. lawns shall be almdN. All irrigation trenching shop be muted :ununl drip It_"; oth cm,w shove ground drip-arriguii n shall he used. It is theowner', ncywmibihty In arab de Landscape Contralr regarding this mitigation. I.S. I10"lly Plaermenl: All utilities and sewcn'sturm drain +halt be placed &,wet the roa dsldriseways and when possible outside of the drip lines. 7 M arMrist Ball supervaw tre,nchmg as ilhin the drip Iia. All Inaches h, Ih_ areas shall be rap -ad Attachment 3 Continued: Tree Protection Report and Spreadsheet by air spade or hand dug with utilities routed under/over the roots. Roots greater than 2 inches in diameter shall not he cut. 16. Fertiliration and Cultural Practices: As the project moves toward completion, the arborist(s) may suggest either fertilisation and/or mycorrhizu applications that will benefit tree health. M-vcorrhva olTers several benefits to the host plant. including faster growth, improved nutrition, greater drought resistance, and protection from pathogens. The included spreadsheet includes trees listed by number, species and multiple stems if applicable, diameter and hreast height (4.5'), condition (scale from poor to excellent). status (avoided, impacted, removed, exempt), percent of drip line impacted (unkown at this time), mitigation required (tensing, root pruning, monitoring), construction impact (trenching, grading)• recommended pruning and individual tree notes. Please let us Mow if we can be of any future assistance to you for this project Steven G. Alvarez Certified Arborist u WC 0511 Chip 'I arnagni Certified Arborist #WE 6436-A TREE PROTECTION SPREAD SHEET parcel 2 ITEM NUMBER: 5 DATE: 6-6-06 1 2 3 4 5 6 7 R 9 1n 11 TREE TREE TRUNK TREE CONST DRIP -LINE CONST MITIGATIO MONT PRUNINGI FIELD A SPECIES DBH CONDITIOh STATUS %IMPACT IMPACT PROPOSAL REQUIRED CLASS NOTES 1 VO 26 4 1 25% GR F, RP, M YES IV minimal grade change 2 BO 22 5 1 20% GR F, RP, M YES IV minimal grade change 3 BO 13 3 R 100% GR NO 4 BO 16 4 R 100% GR NO 5 BO 1 18 5 1 1 10% 1 GR fencing NO IV mistletoe 6 BO 34 6 1 <5% GR fencing NO 7 BO 20 4 1 10% GR fencin NO IV 8 BO 9 2 R 100% GR NO 9 BO 15 5 R 100% GR NO 10 BO 11 4 R 100% GR NO 11 BO 5 5 R 100% GR NO 12 VO 16 4 1 10% FILL fencing YES tree well 13 VO 20 4 1 10% FILL fencing YES tree well or rip rap 14 BO 9 3 1 <5% GR fencing NO 15 BO 36 5 1 <5% GR fencing NO 16 BO 35 0 A 0% fencing NO 17 BO 15 4 R 100% GR NO 18 BO 49 6 A 0% NO 19 BO 30 3 1 35% FILL F. M YES tree well 20 BO 22 5 A 0% fencing NO . iRle. YOBnY La0CxW6E f8h1 ouE NDIID. I. 00N6TNUCD014BWAO T GRADEIO CCIWADTEIN TRENCNNO 2. WE TWE 001460141NYE C w 0 -WINK OM 8. W "T1DN P"JMWNTS EENU10. WW0104 NOOIMIUNNIG 8. TeinetDoAiMRG.r a• Ap80n5TY0IlfOM10pE0UNE0 VE&W • mECDNDIIKIN t.E 10. MEIL— t0. fN:ftSC WDM1AINO C1A38 t� S- CONST iXC SU" AVOOED. BWAOTED Ata0VA1 tf • f[1D 140118 6-o 1-1 MNCEMOCAN MI)DWINE Attachment 3 Continued: Tree Protection Report and Spreadsheet TREE PROTECTION SPREAD SHEET parcel 2 ITEM NUMBER DATE: 6-6-06 10 11 TREE TREE TRUNK TREE CONST DRIP -LINE CONST MITIGATIOh MONT PRUNINGI FIELD a SPECIES DBH CONDITIOh STATUS %IMPACT IMPACT PROPOSAL REQUIRED CLASS NOTES 21 LO 22 6 A 0% fencing NO 22 BO 24 6 A 0% fencing NO 23 BO 52 5 ? crack in tree 24 BO 36 3 A 0% fencing NO 25 BO 16 4 ? 26 BO 18 5 ? 27 BO 15 4 ? 28 LO 23 4 ? 29 BO 48 7 ? MUST SAVE 30 BO 42 4 ? cavities 31 BO 9 2 ? suppressed 32 BO 21 5 ? 33 BO 13 4 ? 34 BO 20 3 ? poor crotches. splits 35 BO 24 5 ? 36 BO 18 4 ? cavities 37 BO 23 2 ? 38 BO 18 4 ? 39 40 —ME. 1. ! VADM: CpAI'ACigN TRCNCNNG 2-112E TYPE C—ONNAME EWO•WWTEW 0•MRgA REOVAEMEMS ICNC MOIIMI 4ROOTPRDNEq. J.mR D rrRoR' 9•ARSON61 NOIMORMGRWRED rE SnlO 1 • T1EE COIORg11 1 • "M 101" LLCMI 10- RERSCROED PRIMNG CE U 1+ s• CONSTRVCTONSIATO8 AVOOED. ENACTED REMO� IEIDNOIFS 0• DRPaEE VERCENTOE WAC2ODRV- 9!30/2005 ITEM NUMBER: DATE: 6-6-06 Attachment 4: Minimum Lot Size Calculations Minimum Lot Size Criteria For the Residential Suburban Zone- oneL Legal al PROPOSED PARCEL I AT 04-05610 054-191-030 tbrouph 036 3.56 AC Jim Menesez Lot Size Factors APN Lot Size Contact ".000=.20. 8-10.01)0=15 10-12,000 =.30.12- 14.000=.40, 14-16,000= -50.16-18,000=.60. D6hlnce from Center of I8-20,000=.75, Communes. >20.000=.90 8.000.10,000 0.25 -20rm.vmch=.50 20.39 min/mch=.75 Sepik Sult.bl4h (perk 40-59 min/inch= 1,00 assumed 10.105.=.5. r.tcl 160 milvinch= 1.50 already built 1,00 21.21%= 1.0, 26.30%=115, 0.10%=.1, II.207e=,75. 21-25%=1.0, 26-30.=1.25, 26,30% 1.25 A. er.ze slop.• 31-35%=1.75, 3640%=2.00 21-25% 1.00 -J!- then 15%=.40 Paved City accepted mad =.40 Paved rood Icy. th.n 15%=.40 Paved tuad - Than 15:8 =.50 All we.[he, Ice,. than 15y: = .75 All we.lher more, than 15%= 1.00 ...... Cu.dlnn. Unlmpmwd iecs than 15%= 1.25 0.40 Acc- C-ditinn lJmmpru.cd more that 155: = 1.5 11.411 lot 0- within 1,5011' a 1'M larr.l .\.mze I.nl Sln• -1-1.1500 Feet Wm) 3.30 0.66 mimmum [.of Size= Minimum Lot Size Criteria For the Residential Suburban Zone Legal PROPOSED PARCEL 2 AT 044)569 054.191-030 through 036 3,.WAC f-- OS Jim Meneaez Lot Size Factor, APN Lot Size, Contact 0-8.000=.20. P-10.000=.25 10-12.000=30,12-14,000-40, 14-16.000 = .10.16.18,000 =.60. Distance koa Ceakr of 18-20,000= 75, >20,000=.90 8.000-10.000 0.25 mwi = 20.39 mlly-h=.75 40.59 mm, inch= 1.00 ESkP31-35%=1.75. 6011u inch=150 120-etinch 10.105.=.5. u-20%=.75, 21.21%= 1.0, 26.30%=115, 3640%=2.00 26,30% 1.25 cny a.vepted toad =.40 P" -J!- then 15%=.40 Paved and n.re than 15`. =.30 An ,rather lo. than 11%=.71 All .ealhcr n.ve Ih. IS%- 1.00 Un- rued ka. then 15%= 125 ...... Cu.dlnn. Um.M,, d--lh. I%=1.5 0.40 r.er1 nl ,Ire %. Ilho L a 1'M larr.l &30 0,66 tntnnrn LotShm" 1 4.060 ITEM NUMBER: 5 DATE: 6-6-06 Attachment 5: Average Slope Calculations Wilson Land Surveys 76W Morro Road. Atuvcadcm, CA 93422 Phone: (805) 466-2445 • Fax: (805) 466-0812 • Email: kenw(drteenginecring.aan Average Slope Calculations Subject Property: PROPOSED PARCEL 1 ATAL 04-0569 Formula: Slope = (Contour Interval ' Length ' .00229) / acres Length = total contour length in inches ' plot scale Specifics: Contour Interval = Length = Area = Plot Scale 1" _ Average Slope= 5 feet 134 inches 3.56 acres 50 21.5 % Wilson Land Surveys 761X) %1 -ml Road, Alaxadcw. CA 93422 Phone: (805) 466-2445 e Fax: (805) 466-0812 • Email: kcnw(r1irlccnginccring.aim Average Slope Calculations Subject Property: PROPOSED PARCEL 2 ATAL 04-0569 Formula: Slope = (Contour Interval ' Length ' .00229) / acres Length = total contour length in inches ' plot scale Specifics: Contour Interval = Length = Area = Plot Scale 1" _ Average Slope= 5 Ifeet 251 inches 4.M acres 50 29.6 1 % ITEM NUMBER DATE: 6-6-06 Attachment 6: Building Envelope Slope Calculations Wilson Land Surveys 7600 Morro Road, Atascadero, CA 93422 Phone: (805) 466-2445 • Fax: (805) 466-0812 • Email: kenw@wilsonlandsurveys.com Average Slope Calculations Subject Property: BUILDING ENVELOPE PARCEL 2 Formula: Slope = (Contour Interval * Length * .00229) / acres Length = total contour length in inches * plot scale Specifics: Contour Interval = 5 feet Length = 28.8 inches Area = 0.66 acres Plot Scale 1" = 40 Average Slope= 19.99 ITEM NUMBER: 5 DATE: 6-6-06 Attachment 7: 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 ROAD INTO TWO RESIDENTIAL LOTS WITH ASSOCIATED TREE REMOVALS FOR CONSTRUCTION OF AN ACCESS WAY 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 Lane, 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 June 6, 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: 5 DATE: 6-6-06 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: 5 DATE: 6-6-06 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 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: 6-6-06 Exhibit A: Tentative Tract Map 2004-0061 MVWOl-= ITEM NUMBER: 5 DATE: 6-6-06 P. r�+ l T/ I R 1 ; _ t ~ Jai 1 � Al All 1 Tree Preservation Easements AR b t�>jt6 e°Y eey 7 SS S3 � a�pS ITEM NUMBER: 5 DATE: 6-6-06 P. r�+ l T/ I R 1 ; _ t ~ Jai 1 � Al All 1 Tree Preservation Easements AR ITEM NUMBER: DATE: 6-6-06 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: 6-6-06 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. 15. Prior to issuance of construction permits, the applicants shall process a tree GP/BP PS removal permit, to be approved by the Planning Commission. Any tree removal, including the proposed removal of one 2" native tree shall be approved by the Planning Commission prior to issuance of any construction permits. 16. Future construction activities shall not fall within the dripline of Tree No. 29, a GP/BP PS/BS 48" Blue Oak as shown on the spreadsheet prepared as a part of the Tree Protection Report, dated September 30, 2005, and signed by A&T Arborists. Fire Marshal BP FM 17. A dry standpipe system will be required to provide a water supply to within 150' of proposed structures. City Engineer Standard Conditions 18. 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. 19. 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. 20. The Subdivision Improvement Agreement shall record concurrently with the FM PW Final Map. 21. 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. ITEM NUMBER: DATE: 6-6-06 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 22. The applicant shall enter into a Plan Check/Inspection agreement with the BP BS City. 23. The applicant shall be responsible for the relocation and/or alteration of BP PW existing utilities. 24. 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. 25. The applicant shall monument all property corners for construction control BP PW and shall promptly replace them if disturbed. 26. A preliminary subdivision guarantee shall be submitted for review in BP PW conjunction with the processing of the parcel map. 27. 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. 28. 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. 29. 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. 30. 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. 31. 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. 32. 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. ITEM NUMBER: DATE: 6-6-06 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 Atascadero Mutual Water Company 33. 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. 34. 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. 35. Before issuance of building permits, the applicant shall obtain a "Will Serve" GP, BP CE letter from AMWC. 36. 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. 37. 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.b 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 0 Develop a comprehensive construction activity management plan designed to ITEM NUMBER: DATE: 6-6-06 Conditions of Approval 6750 San Gabriel Rd. Subdivision Map TTM 2004-0061 Timing BL: Business License GP: Grading Permit BP: Building FIeF Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer wyy. Wastewater CA: City Attorney minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: • Reduce the amount of the disturbed area where possible. • Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. • All dirt stockpile areas should be sprayed daily as needed. • Permanent dust control 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 MPS 4.e.1 and enhancement measures on the grading and drainage plan. ITEM NUMBER: DATE: 6-6-06 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 Mitigation Measure 4.e.2: Grading and excavation work shall be consistent with the BP MPS 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 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 prosect: 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: 6 DATE: 6-6-06 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 2. Project Address: 7955 Curbaril Ave., Atascadero APN 031-161-024 (San Luis Obispo County) 3. General Plan Designation: General Commercial (GC) 4. Zoning District: 5. Site Area: 6. Existing Use: 7. Environmental Status DISCUSSION: Project Definition ITEM NUMBER: 6 DATE: 6-6-06 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. The item was heard by the Planning Commission on May 16, 2006 and was referred back to staff and the applicant for additional information. The Planning Commission requested the following: 1. Drive-through ATM design information Applicant's Response: No structure is proposed over the drive-through ATM facilities. The stand alone ATM's will be located in the island as shown on the previously submitted plans. 2. An alternate site plan without an ATM drive-through facility. Applicant's Response: The project request remains as originally requested for approval with the drive-through ATM. Appearance Review Site Design ITEM NUMBER: 6 DATE: 6-6-06 Funding Land Use and 9.: i: Commercial Professional is Commercial Retail/High Density Residential Residential Single-family (1 ac min lot size) Commercial Professional with some existing Multi- family uses 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 Parking 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: 6 DATE: 6-6-06 v r r cURRARIL �`— 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. ITEM NUMBER: 6 DATE: 6-6-06 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: 6-6-06 Attachment 1: Location Map, General Plan and Zoning Existing General Plan Designation: General Commercial Existing Site Zoning: Commercial Professional/PD-3 ITEM NUMBER: 6 DATE: 6-6-06 ATTACHMENT 2: 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: 6 DATE: 6-6-06 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: 6 DATE: 6-6-06 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: 6-6-06 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: 6-6-06 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: 6-6-06 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: 6-6-06 A CD n *t z m Exhibit C: Amended Landscape Plan f? t) ITEM NUMBER: 6 DATE: 6-6-06 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 O > 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: 6 DATE: 6-6-06 Exhibit D: Amended Grading and Drainage Plan i � t V RpAp 1! s STS re "'P411Ar e r _ A: r I ' f r Y art � 1 r� �I Hr � A'NAPO,. j ITEM NUMBER: 6 DATE: 6-6-06 Exhibit E: Amended Utility Plan ITEM NUMBER DATE: 6-6-06 Exhibit F: Amended Elevations and Floor Plans R I ITEM NUMBER: 6 DATE: 6-6-06 Exhibit F: Amended Elevations and Floor Plans 0 CO3 e-- ITEM NUMBER: 6 DATE: 6-6-06 Exhibit F: Amended Elevations and Floor Plans Z�- 7 . 6� u f 3 rr cli L Z�- ITEM NUMBER: 6 DATE: 6-6-06 ATTACHMENT 3: 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: 6 DATE: 6-6-06 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: 6 DATE: 6-6-06 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: 6 DATE: 6-6-06 Exhibit A: Tentative Tract Map IA IIIIu I IIS 11 1 �1 ,7 n ii I ITEM NUMBER: DATE: 6-6-06 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: 6-6-06 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: 6-6-06 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: 6-6-06 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 ITEM NUMBER: 7 DATE: 6-6-06 Atascadero Planning Commission Staff Report — Community Development Department Tentative Parcel Map 2005-0077 (AT 05-0330) 8100 Coromar Avenue (Moses) SUBJECT: The project consists of an application to subdivide an existing 1.49 acre lot (net) into two (2) lots containing 0.50 acres and 0.74 acres (net) each. The site is currently developed with a single family residence with attached garage, pool, and two sheds. The site contains several native oak trees. The proposed undeveloped Parcel 2 contains a 23.4% average slope with a 16.7% average slope within the proposed building envelope. Future access and development of a single family residence for Parcel 2 will impact approximately ten (10) Native Oak Trees and result in the removal of six (6) Live Oaks (approximate). Parcel 2 will have access to Coromar Avenue by an access easement located on Parcel 1. The subject site is within a sewer service area. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2006-0054 certifying the proposed Mitigated Negative Declaration 2006-0011 and approving Tentative Parcel Map 2005- 0077 (AT 05-0330), a request to subdivide one lot totaling 1.49 acres into two (2) parcels containing 0.50 acres and 0.74 acres each, based on findings and subject to conditions. SITUATION AND FACTS: 1. Owner: Sidney Moses 8100 Coromar Avenue, Atascadero, CA 93422 Contact: Wilson Land Surveys, Inc. 7600 Morro Road, Atascadero, CA 93422 2. Project Address: 8100 Coromar Avenue, Atascadero, CA 93422 APN # 056-041-029 3. General Plan Designation: Single Family Residential, 1/2 acre minimum (SFR -X) \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0077 8100 Coromar\TPM 2005-0077 staff report.doc 4. Zoning District: 5. Site Area: 6. Existing Use: 7. Environmental Status: DISCUSSION: Background: ITEM NUMBER: 7 DATE: 6-6-06 Residential Single Family, 1/2 acre minimum (RSF-X) 1.49 acre (approximately 64,660 square feet, net) One single family residence with attached garage, pool, and two sheds Proposed Mitigated Negative Declaration posted April 5, 2006 - review period ends April 25, 2006. Project Site zoP�c P !o ad o ,M v 9L O U J,z r 9 "✓W m p � i � a 0 � l The lot at 8100 Coromar Avenue was created in 1951 when the original colony lot 15-A in Block 7 was spilt into 2 parcels. In September of 1988, a subdivision of the lot at 8100 Coromar Avenue was proposed before Planning Commission. The request was submitted by Judi and David Bishop to subdivide the 1.5 acres into two parcels of 20,000 and 44,500 square feet each. The 1988 application (TPM 10-88, 8100 Coromar Road, Judi & David Bishop) was denied. Planning Commission found that the creation of the proposed parcels conformed with the Zoning Ordinance and the General Plan Land Use Map designation, but did not conform to General Plan policies 10 & 11. These policies stated that "Lot splits shall be thoroughly evaluated and be in accordance with community plans and principles" and "Attention shall be paid to the aesthetic result of land divisions. Building \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0077 8100 Coromar\TPM 2005-0077 staff report.doc ITEM NUMBER: 7 DATE: 6-6-06 sites shall be encouraged on natural slopes, with minimum disruption of native vegetation and watersheds, and efficient layout of access and utilities." Planning Commission also found the subdivision was not consistent with character of the immediate neighborhood and the flag lot was not justified by the topographical conditions. In addition, Commission found the site was not physically suitable for the type of development or density of the development proposed. ID Op 14 It Vt � � } r. •� i \ �"0p. \. NQS 56• a MI Previous map proposed in 1988, ��N A'�P prior to any on-site construction c R TMP 10-88 (Denied by Planning Commission in Sept. 1988) The property has since been sold and developed with one single family residence. The current owner, Sidney Moses, is submitting a reconfigured Tentative Parcel Map for a lot split on this site. The Atascadero General Plan had been updated since the last submittal in 1988. Staff has compared the 1988 findings for denial with the updated General Plan and the new proposed parcel map for the site, as noted in the discussion under subdivision design below. Site Description: The site is sloped and has several large native oaks on the property. The site is currently developed with a single-family residence, a pool, and two sheds. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0077 8100 Coromar\TPM 2005-0077 staff report.doc - r • �` � ,,x �`� 4 ,titer � � � t .. l•.r '} ��- i'. ITEM NUMBER: 7 DATE: 6-6-06 Subdivision Design: m AFI 's - - —BLOCK �zl� — \ IN I di ny, • I \ �, / I y \ ' Ir OWNER Proposed Tentative Parcel Map 2005-0077 The subdivision will divide one existing lot into two parcels. The existing improvements on the site will be confined to the driveway and Parcel 2 where a new single family residence is proposed. The tentative parcel map has identified an adequate building site for the new residence which avoids most of the trees and steep slopes located on the site. While the average slope of the entire lot would be 23.4%, the slope of the building envelope would be 16.7%, and would be accessed off the same driveway as the existing house. Only one tree (a 24" white oak) is located within the proposed building envelope. Care has been taken to preserve the other trees on the new parcel from the building envelope. Atascadero Mutual Water Company will provide water to the new residence, and future utilities to the new lot will be required to be placed underground. The lot size at 8100 Coromar is currently 1.49 acres net. Proposed Parcel 1 would be 0.74 acres net, and proposed Parcel 2 would be 0.5 acres gross. The remaining 0.25 acres not accounted for in these calculations consists of a driveway that runs along the edge of the parcel to the back of the lot. The driveway would be owned by Parcel 1 (the existing house) and an access easement would be recorded to allow Parcel 2 to use the driveway as well. However, the area of the driveway can not be applied to the total net area of the parcels when determining minimum acreage for lot splits, which explains why the net acreage is proposed as 0.74 acres, rather than the 0.99 acres which it would be if the driveway was included. Both lots meet the minimum acreage for a lot split in the SFR -X zone. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0077 8100 Coromar\TPM 2005-0077 staff report.doc ITEM NUMBER: 7 DATE: 6-6-06 The site is currently developed with a 12 foot paved road which leads up the side of the lot to the existing single family residence. As required by both the fire department and the flag lot subdivision design requirements for the tentative parcel map, the driveway is conditioned to be at least 24 feet wide with 20 feet of pavement, unless otherwise approved by the Planning Commission. Widening the driveway would require the removal of up to six oak trees and new retaining walls up to six feet high for the 50 cubic feet of cut and the 10 cubic feet of fill needed. The tree mitigation has been attached to the draft resolution and condition 24 has been added for mitigation fees. In addition staff is recommending a tree preservation open space easement along the eastern side of Parcel 2 as shown on exhibit C and required by condition 27 of the draft resolution. Staff has compared the new Tentative Parcel Map and the current General Plan with the map and the findings from 1988. The new map proposes a shared driveway and restricted building envelope; these issues were not addressed in the previous map. In recent years flag lots of this type, density, and topography have become more common along Coromar Avenue, as can be seen in the project location map. The 2002 General Plan and Zoning maps designate the property for "Single Family Residential" uses. Subdivision of this property does not change this designation. The parcels are zoned Residential Single Family with a minimum lot size of 1/2 acre (RSF-X). The project is consistent with the current General Plan and Zoning Ordinance. Public Improvements: The City Engineer has required the applicant to incorporate overside drains on the widened driveway with erosion control measures to minimize impacts on Coromar Avenue. Applicant shall slurry seal Coromar Avenue along the entire property frontage, from the centerline plus ten feet. Environmental Review: A Proposed Mitigated Negative Declaration is attached to this report for the Planning Commission review. The Initial Study concluded there would be no significant harm to the environment as a result of this subdivision. A proposed Mitigated Negative Declaration has been prepared for the project and certification of the Mitigated Negative Declaration is included in draft Planning Commission Resolution 2006-0054. General Plan : Staff has reviewed the project with the 2002 General Plan Land Use, Open Space, and Conservation Goals, Policies, and Programs and has noted the following: • Policy 1.1 Program 2: Concentrate higher density development downtown and within the Urban Core \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0077 8100 Coromar\TPM 2005-0077 staff report.doc ITEM NUMBER: 7 DATE: 6-6-06 • Policy 7.1 Program 4: Require lot line adjustments and tentative subdivision maps on site with 25 percent or greater native tree canopy cover to establish locations of building sites, driveways and leach fields that will minimize native tree impacts. • Policy 15.1: Growth should be directed to areas where services can be provided in a cost effective manner. The project location is within the urban core, just west of EI Camino Real. A building envelope is provided which limits tree removals, and city sewer services are provided. CONCLUSIONS: The subdivision is consistent with the 2002 General Plan and Zoning Ordinance. The parcel configurations are consistent with the Subdivision Ordinance requirements and the size and shape of the proposed lots are consistent with the character of the immediate neighborhood. If approved, the project would allow for the construction of one additional single-family residence. Staff recommends the Planning Commission approve the Tentative Parcel Map as conditioned. ALTERNATIVES: 1. The Commission may approve the subdivision subject to additional or revised project conditions. The Commission's motion to approve needs to include any new or revised project conditions. 2. The Commission may deny the subdivision if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. PREPARED BY: Callie Ford, Assistant Planner ATTACHMENTS: Attachment 1 — Location Map (General Plan & Zoning) Attachment 2 — Proposed Mitigated Negative Declaration Attachment 3 — Aerial Map Attachment 4 — Tentative Parcel Map Attachment 5 — Average Slope Calculations Attachment 6 — Arborist Report Attachment 7 — Response to Comments Attachment 8 — Draft Resolution PC 2006-0054 \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0077 8100 Coromar\TPM 2005-0077 staff report.doc ITEM NUMBER: 7 DATE: 6-6-06 ATTACHMENT 1: Location Map (General Plan / Zoning) TPM 2005-0077 8100 Coromar Avenue Project Site v' Zone: Residential Single Family - 1/2 acre minimum (RSF-X) Land Use Designation: Single Family Residential, 1/2 acre minimum (SFR -X) \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0077 8100 Coromar\TPM 2005-0077 staff report.doc ITEM NUMBER DATE: 6-6-06 ATTACHMENT 2: Proposed Mitigated Negative Declaration \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0077 8100 Coromar\TPM 2005-0077 staff report.doc ITEM NUMBER: 7 DATE: 6-6-06 ATTACHMENT 3: Aerial Map, TPM 2005-0077 8100 Coromar Avenue r APO' F' ��!ll�� a �� s. ''�� r •� 1 ,� -1 Project Site • R �, ..,�_'`}, �� J .tin - .�* • i., \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0077 8100 Coromar\TPM 2005-0077 staff report.doc ITEM NUMBER: 7 DATE: 6-6-06 ATTACHMENT 4: Tentative Parcel Map, TPM 2005-0077 8100 Coromar Avenue p•..s• a .o.�B a..e' I !h'�• TiI Ild i i a I \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0077 8100 Coromar\TPM 2005-0077 staff report.doc ITEM NUMBER: 7 DATE: 6-6-06 ATTACHMENT 5 Average Slope Calculations: Proposed Parcel 2 & Proposed Parcel 2 Building Envelope TPM 2005-0077, 8100 Coromar Avenue Wilson Land Surveys, Inc. 7600 Mom, Road. Awa adcro, CA 93422 Phonc: (805) 466-2445 • Fax: (805) 466-0812 • Email: robbiehal@hotmaiL.om Average Slope Calculations Subject Property: Proposed Parcel 2 AT 05-0330 Formula: Slope = (Contour Interval ' Length ' .00229) / acres Length = total contour length in inches ' plot scale Specifics: Contour Interval = Length = Area= Plot Scale 1"= Average Slope= 1 feet 254 inches 0.498 acres 20 23.4 % Wilson Land Surveys, Inc. 7600 Mono Road, Ata=dcro. CA 93422 Phonc: (805) 466-2445 • Fax: (805) 466-0812 • Email: robbichal(dlhotmail.con Average Slope Calculations Subject Property: Proposed Parcel 2 AT 05-0330 Building Envelope Formula: Slope = (Contour Interval ' Length ' .00229) / acres Length = total contour length in inches' plot scale Specifics: Contour Interval = Length = Area = Plot Scale 1' _ Average Slope= 1 =feet 68.5 inches 0.188 acres 20 16.7 % \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0077 8100 Coromar\TPM 2005-0077 staff report.doc ITEM NUMBER DATE: 6-6-06 ATTACHMENT 6: Arborist Report TPM 2005-0077, 8100 Coromar Avenue Pg. 01/ Brazeal's Tree Consulting February 17, 2006 Sid Moses/8100 Coromar Road/Atas. Assignment: Prepare an Arborist report that will show all the trees impacted by this proposed project that will include, a tree inventory, the method of protection and the number of trees proposed for removal. Purpose of this report: The purpose of this report is for the protection and preservation of the trees that will be impacted as mandated by the City of Atascadero's tree protection and tree preservation ordinance. Observation: This project is to improve the existing driveway from a twelve -foot wide drive to a twenty -foot wide drive. Several trees exist along this drive that will be impacted to different degrees and six trees are proposed to be removed. Most of the trees that exist on this site are California Coastal Live Oaks with a scattering of Blue Oaks. The majority of the trees on this site are healthy and are typical for this area. I have included five pictures in this report of the access drive that include a partial view of the impacted trees. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0077 8100 Coromar\TPM 2005-0077 staff report.doc ITEM NUMBER: 7 DATE: 6-6-06 Pg. 02/ Brazeal's Tree Consulting February 17, 2006 Sid Moses/8100 Coromar Road/Atas. Tree Inventory TREE # - SPECIES - DBH - COND. - STATUS - % IMPACT - IMPACT - MITIGATETION 1. LO 27" 7 remove 100 Grading none 2. LO 09" 8 remove 100 Grading none 3. LO 04" 7 remove 100 Grading none 4. LO 24" 8 remove 100 Grading none 5. LO 18" 8 remove 100 Grading none 6. LO 15" 8 remove 100 Grading none 6A. LO 27" 8 impact 40 Grading TPF 7. LO 24/22" 4 avoid 20 Grading TPF 8. LO 21" 7 avoid 10 Grading TPF 9. LO 35" 8 impact 40 Grading TPF 10. LO 21" 6 avoid 20 Grading TPF 11. LO 24" 7 impact 30 Grading TPF 12. LO 15" 7 impact 30 Grading R/W 13. LO 14" 8 impact 30 Grading R/W 14. LO 7" 7 avoid 15 Grading TPF 15. LO 25/20" 7 impact 40 Grading R/W 16. LO 19" 7 impact 20 Grading TPF 17. LO 10 8 avoid 10 Grading TPF 18. BO 35" 8 impact 40 Grading TPF 19. LO 22" 6 avoid 20 Grading TPF 20. LO 6"-9" 7 impact 50 Grading R/W 21. BO multi 7 impact 40 Grading R/W 22. LO 37" 8 avoid 20 Grading TPF \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0077 8100 Coromar\TPM 2005-0077 staff report.doc ITEM NUMBER DATE: 6-6-06 Pg 03/ Brazeal's Tree Consulting February 17, 2006 Sid Moses/8100 Coromar Road/Atas. TREE # ONE (by the pole) ACCESS DRIVEWAY IMPROVEMENT & UTILITY INSTALATION 8100 COROMAR ROAD PORTION LOT 15A, BLOCK 7, APN 056-041-029 ATASCADERO, CALIFORNIA \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0077 8100 Coromar\TPM 2005-0077 staff report.doc lTf ,1 ' ��' r 'y� . r . • '!►t.• /h fit •„� ry •. ypr 41W R ++1/ r. i r{ li,ti ofr Ax ��•�� iii' �j.•3'eP' �� - r w c rL r• �- ms's•,. - - _ . ITEM NUMBER DATE: 6-6-06 .Pg 05/ Brazeal's Tree Consulting February 17, 2006 Sid Moses/8100 Coromar Road/Atas. TREES # 4, 5 & 6 (to be removed) ACCESS DRIVEWAY IMPROVEMENT & UTILITY INSTALATION 8100 COROMAR ROAD PORTION LOT 15A, BLOCK 7, APN 056-041-029 ATASCADERO, CALIFORNIA \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0077 8100 Coromar\TPM 2005-0077 staff report.doc ITEM NUMBER DATE: 6-6-06 Pg 06/ Brazeal's Tree Consulting February 17, 2006 Sid Moses/8100 Coromar Road/Atas. TREE # 15 (left side) ACCESS DRIVEWAY IMPROVEMENT & UTILITY INSTALATION 8100 COROMAR ROAD PORTION LOT 15A, BLOCK 7, APN 056-041-029 ATASCADERO, CALIFORNIA \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0077 8100 Coromar\TPM 2005-0077 staff report.doc ITEM NUMBER DATE: 6-6-06 Pg 07/ Brazeal's Tree Consulting February 17, 2006 Sid Moses/8100 Coromar Road/Atas. TREE # 18 (right side) ACCESS DRIVEWAY IMPROVEMENT & UTILITY INSTALATION 8100 COROMAR ROAD PORTION LOT 15A, BLOCK 7, APN 056-041-029 ATASCADERO, CALIFORNIA \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0077 8100 Coromar\TPM 2005-0077 staff report.doc ITEM NUMBER DATE: 6-6-06 Pg 08/ Brazeal's Tree Consulting February 17, 2006 Sid Moses/8100 Coromar Road/Atas. CONCLUSIONS 1. Twenty-two native oak trees will be impacted by the proposed development of this site. 2. Six of the twenty-two trees are proposed for removal and the remaining sixteen trees will require tree protection. The tree protection recommendations listed in this report will be adequate for the protection of the sixteen native trees impacted by this development. RECOMMENDATIONS 1. To insure the health and longevity of the impacted trees on this site, follow the guidelines of this report and the guidelines of the Atascadero Tree Regulations, Ordinance #350. 2. Do not grub, grade or fill within any tree's dripline except where indicated on the site grading and drainage plans. 3. Do not create any basins within any tree's dripline that will collect or hold water, natural or domestic. 4. Install all tree protection before the commencement of any type of construction activity. 5. Do not store any materials or park any equipment on this site prior to the tree protection fencing installation. 6. Do not store any chemicals that are toxic to trees where it could spill or leech into the existing tree's root zone areas. auql�'-eL Jack Brazeal Registered Consulting Arborist, #377 \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0077 8100 Coromar\TPM 2005-0077 staff report.doc ITEM NUMBER DATE: 6-6-06 ATTACHMENT 7: Response to Comments for Mitigated Negative Declaration 2006-0011 TIPM 2005-0077, 8100 Coromar Avenue ATTACHMENT 6 RESPONSE TO COMMENTS FOR MITIGATED NEGATIVE DECLARATION #2006-0011 (TPM 2005-0077) Air Pollution Control District (APCD), dated April 25, 2006 Comments: Naturally Occurring Asbestos - The project site is located in a candidate area for Naturally Occurring Asbestos (NOA), which has been identified as a toxic air contaminant by the California Air Resources Board (ARB). This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Please refer to the APCD web page at httpJ/www.slocleanair.org/business/asbestos. asp for more information or contact Tim Fuhs of our Enforcement Division at 781-5912. Response: The project has been conditioned (Mitigation Measure 3.b.2) to comply with APCD rules and regulations regarding naturally occurring asbestos. 2. Effective February 25, 2000, the APCD prohibited developmental burning of vegetative material within San Luis Obispo County. Under certain circumstances where no technically feasible alternatives are available, limited developmental burning under restrictions may be allowed. This requires prior application, payment of fee based on the size of the project, APCD approval, and issuance of a burn permit by the APCD and the local fire department authority. The applicant is required to furnish the APCD with the study of technical feasibility (which includes costs and other constraints) at the time of application. If you have any questions regarding these requirements, contact Karen Brooks of our Enforcement Division at 781-5912. Response: The project has been conditioned (Mitigation Measure 3.b.3) to comply with all rules, regulations and application procedures for any proposed burning of vegetative material on the project site. 3. Residential Wood Combustion - Under APCD Rule 504, only APCD approved wood burning devices can be installed in new dwelling units. • All EPA -Certified Phase II wood burning devices; \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0077 8100 Coromar\TPM 2005-0077 staff report.doc ITEM NUMBER DATE: 6-6-06 • Catalytic wood burning devices which emit less than or equal to 4.1 grams per hour of particulate matter which are not EPA -Certified but have been verified by a nationally -recognized testing lab; • Non -catalytic wood burning devices which emit less than or equal to 7.5 grams per hour of particulate matter which are not EPA -Certified but have been verified by a nationally -recognized testing lab; • Pellet -fueled woodheaters; and • Dedicated gas-fired fireplaces. Response: The project has been conditioned (Mitigation Measure 3.b.4) to comply with all rules, regulations and application procedures for any proposed burning of vegetative material on the project site. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0077 8100 Coromar\TPM 2005-0077 staff report.doc ITEM NUMBER DATE: 6-6-06 ATTACHMENT 8: Draft Resolution PC 2006-0054 TPM 2005-0077, 8100 Coromar Avenue DRAFT RESOLUTION NO. PC 2006-0054 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING TENTATIVE PARCEL MAP 2005-077 (AT 05-0330), ESTABLISHING A SUBDIVITION OF ONE EXISTING RESIDENTIAL LOT INTO TWO PARACELS 8100 COROMAR AVENUE (MOSES) WHEREAS, an application was received from Sidney Moses 8100 Coromar Avenue, Atascadero, CA 93422 (Owner/Applicant), for a Tentative Parcel Map to establish a subdivision of an existing 1.49 acre lot into two (2) lots containing 0.50 acres and 0.74 acres net each; and, WHEREAS, the proposed project has a General Plan Designation of Single Family Residential, minimum lot size 1/2 acre (SFR -X) and is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and, WHEREAS, the site is located in the Residential Single Family, minimum lot size 1/2 acre (RSF-X) which allows for the proposed use and density when certain findings are made; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0011 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Tentative Parcel Map application on June 6, 2006 at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public. NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Certification of Negative Declaration. The Planning Commission of the City of Atascadero, hereby certifies Mitigated Negative Declaration 2006-0011 based on the following findings: 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, \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0077 8100 Coromar\TPM 2005-0077 staff report.doc ITEM NUMBER: 7 DATE: 6-6-06 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 for approval of subdivision and flag lot design. The Planning Commission finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. The proposed subdivision design and type of improvements proposed will not cause serious public health problems. 8. The proposed subdivision will be accomplished without detriment to the adjacent properties. 9. The installation of a standard street, either alone or in conjunction with neighboring properties is not feasible. 10. The flag lot is justified by topographical conditions. 11. The subdivision is consistent with the character of the immediate neighborhood. 12. The proposed accessway improvements meet the intent of the subdivision ordinance and are adequate for safe emergency vehicle access. SECTION 3. Findings for tree removal. The Planning Commission finds as follows: 1. The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: • Early consultation with the City; • Consideration of practical design alternatives; • 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. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0077 8100 Coromar\TPM 2005-0077 staff report.doc ITEM NUMBER: 7 DATE: 6-6-06 SECTION 4. Approval. The Planning Commission does hereby approve Tentative Parcel Map 2005-0077 to establish a Tentative Parcel Map to establish a subdivision of an existing 1.49 acre lot into two (2) lots containing 0.50 acres and 0.74 acres net each, subject to the following Conditions and Exhibits: EXHIBIT A: Mitigated Negative Declaration EXHIBIT B: Conditions of Approval EXHIBIT C: Tentative Parcel Map 2005-0077 EXHIBIT D: Tree Mitigation Form On motion by Commissioner and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ADOPTED: ABSTAINED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0077 8100 Coromar\TPM 2005-0077 staff report.doc ITEM NUMBER DATE: 6-6-06 EXHIBIT A: Proposed Mitigated Negative Declaration Draft Resolution PC 2006-0054 TPM 2005-0077 \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0077 8100 Coromar\TPM 2005-0077 staff report.doc ITEM NUMBER DATE: 6-6-06 EXHIBIT B: Conditions of Approval / Mitigation Monitoring TPM 2005-0077 Conditions Of Approval Timing Responsibility Mitigation /Monitoring Measure TPM 2005-0077 PS: Planning Services BL: Business License BS: Building Services Address: 8100 Coromar Avenue GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Standard Planning Conditions 1. The approval of this application shall become final, subject to the FM PS completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9- 1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Parcel Map shall be valid for two years FM PS after its effective date. At the end of the period, the approval shall expire and become null and void unless a final map has been recorded or 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 FM PS to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Parcel Map. 4. A parcel map drawn in substantial conformance with the 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. 5. The subdivider shall defend, indemnify, and hold harmless the City Ongoing CA of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 6. The parcel map shall be subject to additional fees for park or FM PS recreation purposes (QUIMBY Act) as required by City Ordinance. Project Planning Conditions 7. Where the accessway shall be at least twenty-four (24) feet wide FM PS with twenty (20) feet of pavement (20 foot paved drive with two (2) foot shoulders) 8. Each lot shall have yards as required by the zoning regulations, FM PS including a ten (10) foot setback along any accessway, whether easement or lot line. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0077 8100 Coromar\TPM 2005-0077 staff report.doc ITEM NUMBER DATE: 6-6-06 Conditions Of Approval Timing Responsibility Mitigation /Monitoring Measure TPM 2005-0077 PS: Planning Services BL: Business License BS: Building Services Address: 8100 Coromar Avenue GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 9. The lot farthest from the street shall own the accessway in fee. FM PS Other lots using the accessway shall have an access and utility easement over it, unless otherwise approved by the advisory agency. 10. Lots utilizing the accessway of a flag lot will be required to enter BP PS into a road maintenance agreement to insure perpetual maintenance and repair of the accessway. 11. A reflectorized house number master sign shall be located at the BP PS intersection of the street and accessway and individual reflectorized address signs shall be placed on the right-hand side of the driveway to each individual lot 12. All lighting shall be designed to eliminate any off site glare. All BP PS 1.d.1 exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 14 -feet in height, limit intensity to 2.0 foot candles at ingress /egress, and otherwise 0.6 foot candle minimum to 1.0 maximum in parking areas. Fixtures shall be shield cut-off type. 13. The project shall be conditioned to comply with all applicable GP/BP PS 3.16.1 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. 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. 14. 13.Naturally Occurring Asbestos (NOA) has been identified by GP/BP PS 3.b.2 the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If naturally occurring asbestos is found at the site the applicant must comply with all 15. requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. These requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0077 8100 Coromar\TPM 2005-0077 staff report.doc ITEM NUMBER DATE: 6-6-06 Conditions Of Approval Timing Responsibility Mitigation /Monitoring Measure TPM 2005-0077 PS: Planning Services BL: Business License BS: Building Services Address: 8100 Coromar Avenue GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 16. The applicant shall comply with all rules, regulations and GP/BP PS/PW/BS 3.b.3 application procedures for any proposed burning of vegetative material on the project site. 17. The applicant shall comply with all requirements of the APCD BP PS/BS 3.b.4 regarding installation of Residential Wood Combustion devices. Under APCD Rule 504, only APCD approved wood burning devices can be installed in new dwelling units. 18. The Grading Plan/Tree Protection Plan shall identify tree BP/GP PS 4.e.1 protection fencing around the drip line of each existing on-site tree and/or native shrub mass within 50 feet of construction activity unless monitored and approved by a certified arborist. 19. Excavation and grading work shall be consistent with the City of BP/GP PS 4.e.2 Atascadero Tree Ordinance and Guidelines. Special precautions when working around native trees include: i. All existing trees outside of the limits of work shall remain. ii. Earthwork shall not exceed the limits of the project area. iii. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. iv. Vehicles and stockpiled material shall be stored outside the dripline of all trees. v. 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. vi. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. 20. Should any cultural resources be unearthed during site BP PS 5.b.1 development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. 21. In the event of the accidental discovery or recognition of any BP/GP PS 5.d.1 human remains, the following steps shall be taken: ■ There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of the county in which the remains are discovered has been contacted to determine that no investigation of the cause of death is required, and to determine if the remains are of Native American heritage. If the remains are of Native American Heritage, the coroner shall contact the Native American Heritage Commission within 24 hours. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0077 8100 Coromar\TPM 2005-0077 staff report.doc ITEM NUMBER DATE: 6-6-06 Conditions Of Approval Timing Responsibility Mitigation /Monitoring Measure TPM 2005-0077 PS: Planning Services BL: Business License BS: Building Services Address: 8100 Coromar Avenue GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 22. All cut and fill slopes shall be hydro seeded with an appropriate BP BS/PS 6.b.1 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. 23. All disturbed areas, not shown on the project landscape plan for BP BS/PS 6.16.2 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 public or private access drive by construction vehicles. 24. Prior to issuance of construction permits all tree mitigation fees GP/BP PS shall be paid 25. All recommendations and tree protection measures, as outlined GP/FM BS/PS in the Tree Protection Report, prepared by Jack Brazeal, dated February 17, 2006 shall be implemented prior to and during all construction activity on the project site. 26. During construction of the driveways and structures, all utilities GP/BP PS/BS shall be located within roadways and driveways and outside the driplines of native trees. 27. Concurrently with recordation of the final map the applicant shall FM PS record a tree preservation and open space easement over the oak woodland area as shown on exhibit C attached hereto. City Engineer Standard Conditions 8. All public improvements shall be constructed in conformance FM/FO PW with the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 9. In the event that the applicant is allowed to bond for the public FM PW improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0077 8100 Coromar\TPM 2005-0077 staff report.doc ITEM NUMBER DATE: 6-6-06 Conditions Of Approval Timing Responsibility Mitigation /Monitoring Measure TPM 2005-0077 PS: Planning Services BL: Business License BS: Building Services Address: 8100 Coromar Avenue GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 10. An engineer's estimate of probable cost shall be submitted for FM PW review and approval by the City Engineer to determine the amount of the bond. 11. The Subdivision Improvement Agreement shall record FM PW concurrently with the Final Map. 12. An encroachment permit shall be obtained prior to the issuance BP PW of building permit. 13. A six (6) foot Public Utility Easement (PUE) shall be provided FM PW contiguous to the Coromar Avenue property frontage. 14. The applicant shall be responsible for the relocation and/or BP PW alteration of existing utilities. 15. The applicant shall install all new utilities (water, gas, electric, BP PW cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 16. The applicant shall monument all property corners for FM PW construction control and shall promptly replace them if disturbed. 17. The applicant shall acquire title interest in any off-site land that FM PW may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 18. If, after all reasonable attempts and diligent efforts, the FM PW 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. 19. Slope easements shall be provided as needed to accommodate FM PW cut or fill slopes. 20. Drainage easements shall be provided as needed to FM PW accommodate both public and private drainage facilities. 21. A preliminary subdivision guarantee shall be submitted for review FM PW in conjunction with the processing of the parcel map. 22. All existing and proposed utility, pipeline, open space, or other FM PW easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0077 8100 Coromar\TPM 2005-0077 staff report.doc ITEM NUMBER DATE: 6-6-06 Conditions Of Approval Timing Responsibility Mitigation /Monitoring Measure TPM 2005-0077 PS: Planning Services BL: Business License BS: Building Services Address: 8100 Coromar Avenue GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy restrictions on the parcel map. 23. The final map shall be signed by the City Engineer prior to the FM PW map being placed on the agenda for City Council acceptance. 24. Prior to recording the parcel map, the applicant shall submit a FM PW map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 25. Prior to recording the parcel map, the applicant shall set FM PW monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 26. Prior to recording the parcel map, the applicant shall pay all FM PW outstanding plan check/inspection fees. 27. Prior to recording the parcel map, the applicant shall complete all FM PW improvements required by these conditions of approval. 28. Prior to recording the parcel map, the applicant shall have the FM PW map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 29. Upon recording the final map, the applicant shall provide the City FM PW with a 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 BP PW applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 31. Prior to the final inspection, the applicant shall submit a written BP PW certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 32. Prior to the issuance of building permits the applicant shall BP, GP PW submit plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0077 8100 Coromar\TPM 2005-0077 staff report.doc ITEM NUMBER DATE: 6-6-06 Conditions Of Approval Timing Responsibility Mitigation /Monitoring Measure TPM 2005-0077 PS: Planning Services BL: Business License BS: Building Services Address: 8100 Coromar Avenue GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer City Engineer Project Conditions 33. Proposed driveway to incorporate overside drains with erosion FM/BP PW control measures to minimize impacts on Coromar Avenue. Location of drains to be determined by City Engineer at the time of building permit application. 34. Applicant shall slurry seal Coromar Avenue across the property FM/BP PW frontage. Extent of improvements to be from edge of pavement to centerline of street plus 10 feet. 35. Each residential building shall have separate sewer connections FM/BP PW to the main. 36. A drainage report prepared by a civil engineer shall be submitted FM/BP PW for review and approval of the City Engineer, prior to building permit issuance or recordation of the final map. A detention basin shall be provided for all increased runoff in accordance with the City Municipal Code and Engineering Standards. Atascadero Mutual Water Company Project Conditions 57. Before recordation of the final map, the applicant shall submit FM AMWC plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All new water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross -connection devices shall conform to AWWA and California Department of Health Services standards. 58. Before the start of construction on the water system FM AMWC improvements, the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. 59. Before issuance of building permits, the applicant shall obtain a FM AMWC "Will Serve" letter from AMWC for the newly created lots within the subdivision. 60. Separate water meters for domestic water service are required FM AMWC for each individual unit. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0077 8100 Coromar\TPM 2005-0077 staff report.doc ITEM NUMBER DATE: 6-6-06 EXHIBIT C: Tentative Parcel Map 2005-0077 \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0077 8100 Coromar\TPM 2005-0077 staff report.doc EXHIBIT D: Tree Mitigation Form Date: May 31, 2006 Address: 8100 Coromar Avenue Applicant: Sid Moses Owner: Sid Moses Tree protection required? yes Total number of trees impacted: 10 Removals: 6 Number greater than 24'DBH: 2 PC Permit Required? Status: Replacements required: Evergreen Native Trees (inches) dbh notes 1 27 -inches Tree #1 2 9 -inches Tree #2 3 4 -inches Tree#3 4 24 -inches Tree#4 5 18 -inches Tree#5 6 15 -inches Tree#6 Total 97 -inches Mitigation Requirement Tree Fund Payment: $ ITEM NUMBER: 7 DATE: 6-6-06 Prepared by: Callie Ford Permit #: TPM 2005-0077 Telephone: (805)466-1995 Telephone: - Arborist review required? yes number less than 24' DBH: 4 yes in process Deciduous Native Trees (inches) dbh notes 1 2 3 4 5 6 Total 0 -inches 808.33 Tree Fund Payment: $ Totals 97 -inches $ 808.33 \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0077 8100 Coromar\TPM 2005-0077 staff report.doc ITEM NUMBER: 8 DATE: 6-6-06 Atascadero Planning Commission Staff Report — Community Development Department Tentative Parcel Map 2005-0081 (AT 05-0316) 7255 Navajoa Avenue (Seaberg / Farris) SUBJECT: A proposed condominium map over an existing lot of record to create two airspace units on one common lot. The existing residence and attached garage would remain and be converted to a condominium unit. An additional single story residence and attached garage is proposed. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2006-0053 approving Tentative Parcel Map 2005-0081 (AT 05-0316), a request to establish two airspace units on one common lot, based on findings and subject to conditions. SITUATION AND FACTS: 1. Owners: Kelly and Theresa Farris 4680 Shadow Canyon Rd., Templeton, CA 93465 Applicant: Chris Seaberg 2165 Wilton Dr., Cambria, CA 93428 Contact: Wilson Land Surveys, Inc. 7600 Morro Rd. Atascadero, CA 93422 2. Project Address: 7255 Navajoa Avenue, Atascadero, CA 93422 APN # 031-051-009 3. General Plan Designation: Medium Density Residential 4. Zoning District: Residential Multi -family - 10 (Maximum 10 du/ac) 5. Site Area: .198 acre (approximately 8624 square feet, net) \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0081 7255 Navajoa\TPM 2005-0081 staff report.doc ITEM NUMBER: 8 DATE: 6-6-06 6. Existing Use: One residence with attached garage 7. Environmental Status: Categorical Exemption; Class 3 DISCUSSION: Background: The property fronts on Navajoa Avenue, which has a mix of single-family and multi- family residential. The land use designation is MDR (Medium Density Residential, 10 units per acre) and the Zoning District is RMF -10 (Residential Multi -Family, 10 units per acre). Properties to the north, south, and west are all zoned RMF -10. The property backs up to a Commercial Professional Zone which faces Highway 41 to the east. The parcel is relatively flat. City sewer will serve the property, and water is available from the Atascadero Mutual Water Company. Native Trees: There are two native oak trees impacted by the project: Tree #1 is a 12 inch live oak located at the back of the lot, about a foot from the property line on the applicant's parcel. During the building permit process, the applicant received a tree removal permit to remove this tree if necessary. The tree will be significantly impacted by the over excavation of the house pad on the second unit. The applicant will try to save the tree if possible; tree protection fencing will be installed, and care will be taken during the construction process in an attempt reduce the impacts to the tree. Tree mitigation fees have been paid to address the issue in the event that the tree does not survive even with these precautions. Tree #2, an 18 inch live oak, is located on the adjacent property at the rear of the lot (to the east.) The tree is located about three feet from the shared property line and the canopy extends over the applicant's property at 7255 Navajoa. The tree will be impacted by the new unit construction, and tree protection fencing will be installed as noted on the grading plan. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0081 7255 Navajoa\TPM 2005-0081 staff report.doc ITEM NUMBER: 8 DATE: 6-6-06 , + Tree #1 — �•,Y removal permit 00 issued I K � Tree #2 — located on �,� .. �,;..;,,,,� L d �'- adjacent _ .- 1- Tz` = - - y _ — property Condominium Design: The proposed map will create two airspace units on one legal lot of record. The two proposed units would be approximately 1225 and 1280 square feet. Each unit will have a small, private yard and a one -car garage. Individual paved driveways, utility meters, trash service, and laundry are proposed for each unit. The new second driveway will be constructed with a decorative pavement, and the existing driveway to unit one will be decorative pavement as well. Five parking spaces are provided on site in order to meet the parking requirements for the multifamily condominium design. The two bedroom units require two spaces each, and one additional space must be provided for guests. The one -car garages provide one space each, and three additional parking spaces are provided on site to meet the parking requirements. There are two parallel spaces along the side and one at the back of the new second driveway. The subdivision is consistent with the General Plan Medium Density Residential Land Use Designation and Residential Multi -Family Zoning regulations. The property is 0.198 acres, and therefore meets the density requirements of the RMF -10 zone (10 units per acre maximum) to add a second unit. With the addition of the second unit, the property will be built to its maximum density. A building permit for a second single family residence on a multi family lot has been issued for the property (BLD 2005-5515, issued 12/12/05.) The approval of the Tentative Parcel Map proposed for the condominium conversion would establish two airspace units on one common lot, thus allowing each unit to be sold as individual condominium units. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0081 7255 Navajoa\TPM 2005-0081 staff report.doc ITEM NUMBER: 8 DATE: 6-6-06 Unit 1: Existing House Unit 2: New unit in back \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0081 7255 Navajoa\TPM 2005-0081 staff report.doc ITEM NUMBER: 8 DATE: 6-6-06 Condominium Conversion Requirements: The City's Municipal Code requires structures, driveways, landscaped areas, common areas, and facilities be refurbished and restored to a safe and usable condition. All deficiencies are to be corrected prior to recordation of the Final Map (Title 11, Subdivisions; Chapter 12). Based on the Property Condition Report and the Pest Inspection Report, the existing house is in fair condition. The walls, roof, and foundation are in good condition. The house will need some changes to bring it up to current code requirements. This includes new windows, insulation, appliances, flooring, bathroom fixtures, minor electrical and mechanical equipment, and updating the driveway and landscaping. Staff has added Conditions of Approval 15.a. through 15.k. to address these concerns. Scenic Coast Termite Control found subterranean termites, dry rot, and moisture damage on site. All areas of concern in the pest report shall be addressed and repaired, and then be reinspected by a pest control operator to be deemed repaired. Condition of Approval number 15.k. has been included to insure an updated pest report is received prior to recordation of the final map. Public Improvements: The project has been conditioned to construct curb, gutter, and sidewalk along the Navajoa Avenue frontage. Applicant shall slurry seal Navajoa Avenue along the entire property frontage, from the centerline plus ten feet. (Conditions of Approval 42 and 43.) The project will be required to address all storm water runoff from the site in conformance with the City Engineering Standards. The applicant is proposing to detain runoff by means of a storm water retention chamber to be located under the new second driveway. Preliminary calculations presented by the applicant support this design and final calculations will be required at the building permit stage as delineated in Condition of Approval 47. Environmental Review: A Class 3 Categorical Exemption is attached to this report for the Planning Commission review. CONCLUSION: The proposed condominium map, as conditioned, is consistent with the 2002 General Plan and Zoning Ordinance and the airspace configurations are consistent with the requirements of the Subdivision Ordinance. Staff recommends the Planning Commission approve the Tentative Parcel Map as conditioned. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0081 7255 Navajoa\TPM 2005-0081 staff report.doc ITEM NUMBER: 8 DATE: 6-6-06 ALTERNATIVES: 1. The Commission may approve the map subject to additional or revised project conditions. The Commission's motion to approve needs to include any new or revised project conditions. 2. The Commission may deny the map if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. PREPARED BY: Callie Ford, Assistant Planner ATTACHMENTS: Attachment 1 — Location Map (General Plan & Zoning) Attachment 2 — Aerial Map Attachment 3 — Tentative Parcel Map Attachment 4 — Proposed Grading Plan Attachment 5 — Tree Removal Permit Attachment 6 — Property Condition and Pest Reports Attachment 7 — Draft Resolution PC 2006-0053 \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0081 7255 Navajoa\TPM 2005-0081 staff report.doc ITEM NUMBER: 8 DATE: 6-6-06 ATTACHMENT 1: Location Map (General Plan / Zoning) TPM 2005-0081 7255 Navajoa Avenue ----------- Highway Santa Ynez ay 41 Navajoa Project Site Zone: Residential Multi -family - 10 du/ac (RMF -10) Land Use Designation: Medium Density Residential (MDR) \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0081 7255 Navajoa\TPM 2005-0081 staff report.doc ATTACHMENT 2: Aerial Map TPM 2005-0081 7255 Navajoa Avenue ITEM NUMBER: 8 DATE: 6-6-06 Navajoa Highway 41 R' Project Site L_ I \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0081 7255 Navajoa\TPM 2005-0081 staff report.doc ATTACHMENT 3: Tentative Parcel Map TPM 2005-0081 7255 Navajoa Avenue ITEM NUMBER: 8 DATE: 6-6-06 I j� Y @ 0, b $ C LU i i 9@ 6 PI z` X60$ e j U P Z J 1f0008$O o Gomm,, l II a Ad — r —�- _ — 3Ab boMAb �— o _ \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0081 7255 Navajoa\TPM 2005-0081 staff report.doc CC�CC1 yy Rgap { 1 I E �p7 YY W a FS ihb I b� ?3A3a ALINnvwyoo z z 330 A13038 I V — r —�- _ — 3Ab boMAb �— o _ \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0081 7255 Navajoa\TPM 2005-0081 staff report.doc ITEM NUMBER: 8 DATE: 6-6-06 ATTACHMENT 4 Proposed Grading Plan (Shows Parking & Tree Protection) TPM 2005-0081 7255 Navajoa Avenue t. a SQL e _ W oIs WW CQ \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0081 7255 Navajoa\TPM 2005-0081 staff report.doc ITEM NUMBER DATE: 6-6-06 ATTACHMENT 5: Tree Removal Permit 7255 Navajoa Avenue A". , a,y — TRP #I` SSS 15 CITY OF ATASCADERO TREE REMOVAL PERMIT SECTION 11.05 B.5 Applicant; Arborist- b NameName 0 nt K l 0 Cf— -31 S,w3ackLa,, - -- Mailint> ddres cling Ad rens lf, .�c �� .342� _ a sn k S.�d} X344 City, State, Zip City, State, Zip _ Phone Phone jh I+ CiVLZ4iJCCGt{jAitiT1 �� Reason for Removal: nfaJ Site Address: SS !�k c nca 41)v— Site APN: LIST ALL TREES TO BE REMOVED: # SPECIES SIZE (dbh) NUMBER TO CONDITION OF BE REMOVED TREE j ] 12. 3. 4. 5. 6. Property owner certifies that they have read and understood Atascadero Municipal Code Section 9- 11.]OS.Tree removal is not to facilitate future development. --j A plot plan shall be inc uded showing all proposed improvements on the property, trees to be removed, and o remain shall correspond with the numbem above. 7hArees c /- 12 0� tic )-2 "2-") ^ G Si gt ture of Property (honer Date ature of Ce W Arborist -' Date ca. �t\\ 1 Z - Z I --os _ S1gn e, ity of Atasc dero Date Certification #: IN C I N' > i COMMUNITY DEVELOPMENT DEPARTMENT 6907 El Camino Real, Atascadero, CA 93422 (805) 461-5000 \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0081 7255 Navajoa\TPM 2005-0081 staff report.doc ITEM NUMBER DATE: 6-6-06 ATTACHMENT 6: Property Condition Report Pest Report TPM 2005-0081 7255 Navajoa Avenue RRECE' IV1,ED } CHRIS SEABERG APR 0 r 2006 SEABERG CONSTRUCTION COMMUNITY DEVELOPMENT 2165 Wilton Drive, CAMBRIA, CA 93428 Phone & Fax: (805) 927-0765 Cell Phone: (805) 235-1965 PROPERTY CONDITION REPORT For 7255 Navajoa Avenue YEAR BUILT: 1964 FOUNDATION: Slab on grade with perimeter footing. The foundation seems to be in good condition with very little settling. The garage slab has typical cracking with some finish deterioration which can be repaired with a thin overlay of high PST concrete. Cost $1,000.00. VENTILATION: (.fable end vents and eave vents are functioning properly and are adequate. UTILITIES: Residence has electricity, natural gas, water, phone and cable TV. WALLS: 2 x 4 construction with 5/8 plywood siding with grooves at 4" on center and 1/2" drywall. The walls are in good condition and should last many more years if kept painted and free from wood destroying pests. ROOD: 30 year composition roof installed within the last 5 years. No leaks detected. Roof should have a minimum 20 -year useable life left. WINDOWS: Windows are aluminum frame, single pane windows which do not meet the current requirements. They are recommended to be replaced with vinyl frame, dual pane windows with a low h: glazing. Cost $4,500.00. INSULATION: There is attic insulation equivalent to R-19 and no wall insulation. It is recommended that additional attic insulation be added to achieve an R-30 rating AND that the wall cavities be filled with an R-13 rating. This will bring the residence into conformity with energy compliance. Cost $2,500.00 MECHANICAL EQUIPMENT: Heat is currently provided by a central wall heater unit. It is working well but will require a setback thermostat to meet energy compliance. The water heater is in good condition and should last several more years. Cost $100.00. ELECTRICAL: Residence has had an electrical update in the past and has a newer 100 - amp panel with Romex wiring. It is recommended that GFCI outlets be installed in the bathroom and kitchen. This should provide for a safe long lasting electrical system. It is also required that smoke detectors be added. Cost $100.00 - $300.00 \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0081 7255 Navajoa\TPM 2005-0081 staff report.doc ITEM NUMBER DATE: 6-6-06 FLOORING: All flooring is in poor condition and should be replaced. Cost $3,500.00 PLUMBING: The home has been updated to copper plumbing at least where visible. It appears to be in good condition. The drain waste vent systems appears to be working well with no known problems. KITCHEN: The countertop has been replaced in the last few months as well as the sink and faucet. Some additional cabinet work will be required. Cost $500.00. APPLIANCF.;S: It is recommended that the current appliances, range and dishwasher, be replaced with new energy and water conserving models. Cost $1,300.00 BATHROOM: Toilet should be replaced with a 1.6 GPF model and a new tub surround is required to be installed. Cost $700.00 PEST REPORT: All areas of concern noted in the report shall be addressed and repaired. All work shall be addressed and repaired. All work shall be reinspected by a licensed pest control operator to be deemed repaired_ Cost $3,000 including items left unbid in report. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0081 7255 Navajoa\TPM 2005-0081 staff report.doc ITEM NUMBER DATE: 6-6-06 WOOD DESTROYING PESTS AND ORGANISMS INSPEOTION REP RT Building No. Street, City, Zip Date of Inspection No. of Pages 7255 Navajoa, Ataseadero, CA, 9342.2 07/08/05 6 SCENIC COAST TERMITE CONTROL 1202 Tex-ebinth Lane ' ' Templeton; CA 93465 RECE(i!F r Ph: (805) 226-8686 Fax: (805) 434-0511 �-• t)tt 2 2 Firm Registration No. RR 4149 Report No. 1408A Escrow No. ordered By: Morro Bay Realtv 805 Main Street Morro Bay CA 93442 ~ Cindy Petrovich Report Sent To: Morro Bay RealtV 805 Main Street Morro Bay CA 93442 Cindy Petrovich --- Property owner: C/O Cindy Petrovich 7255 Navajoa Atasoadero CA 93422 Party of interact; COMPLETE REPORT 0 LIMITED REP -ORT -LJ SUPPLEMENTAL REPORT ❑ REINSPECTION REPORT [] Ganoral Description_ Inspected one story single family wood sided dwelling, attached garage Inspection Tag Posted: Garage Othor Inspection Tags: None noted An inspection hes been made oFthe struetvrms s own on r e diagram In accordance with the Strueturei Pest Corltro et. Detached porches, dstttchod steps, detached decks and tiny other structures not on the diagram were not inspected. If a'y of above Termites ox sl a e checked, it lndleaTSBTchaich rise w�erb visible proShfDartls�n a®essibie0are2s�lRead the® port for details o check d it ❑ms. bI F)CiPA1•1 NOT TO SChLE 3D pflrra .�c 3E: 4D 4E 4C 3E 9E, 4F- C� 9H 4 E: 3@ 3B 4E 3R Inspected B Michael Gross OPR.9965 Signature P y I.1"nse No. _ You are entitled to obtnlrr vvpinu w an repurtu mrd uv:nylc4vn n8,;— on toil, Pr P-ly reported to the 3tiv.:curel Fent CNnhg1 mq q ii rd qro ic�c J$ tw41. Toobtain copies contact: Structural RoarControl Board, 1418Howe Avenue, Suite 1B, Sacramento, California 86826-3204. NOTE: Uuestiom or problems eoncoming the above report should be directed to the manager of the company. Unresolved arreerlona or problems with services oeltormed may be directed to the Strua ml Pest Control Bond at (9101561-8708, (8001737-6'188 or www.peetboard.ca gov. 43M-41 (Rev. 101011 \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0081 7255 Navajoa\TPM 2005-0081 staff report.doc 2nd PAGE OF STANDARD INSPECTION XliPORT ON PROPERTY AT: 7255 Navajoa, Atascadero, CA, 93422 FsL•:LDING NO. STREET, CITY, SATE, ZIP ITEM NUMBER DATE: 6-6-06 07/08/05 1408A INSPECTION DATE REPORT 110. WMA'.' IS A WOOD DESTROYING PESTS & ORGANISMS R£FOR'i? READ THIS DOCUMENT, _T EXDLAINS THE SCOPE AND LIMITATIONS Oi• A STRUCTURAL PEST CONTROL INSPEC-ION AND A WOOD DESTROYINC PESTS & ORGANISMS REPORT. The contents of a Wood D~_ troytng Pests & Organisms Inspection Report is governed by the Structural Pe!A t Cortrol Act and its rules and regulations. A Wood Destroying Pests & Organisms Report contains=incings as to the presence or absence oma' evidence of wood destroying insects or organisms in visible and -ccessible ora&s on the data of inspection and contains: recommendations for correcting any infestations. infections or concitions found. The Structpral Pest Control Act reculres inspect'on of only -hose areas which are visible and aceessiDle at the time or inspection. Some areas of t�X: structure are not accessible to inspect, such as the interior of hollow we -.Is. spaces between floors, areas concealed by carpeting and/or linoleum, built-in applianecn or r_abinet work. lnfcstations or infect ons may be active `n these ar,-as w'thout visible anc accessible evidence. Areas that wsrN not inspected are notcid in the report. If you desire m Inforation about areas that were not inspected, a further inspection may be performed at additional cost. Some structures may not comply with building code requirements or may have structural, plumbing, 67•sotrica-, heatirN, air conditioning or other defects that do not pertain to wood cestroying Organisms. A Wood Dostroy'ng pests ano Organisms Report does not contain information about such de=ects, as they are not within the scope of the license of the inspector or the company issuing this. report. NOTE: It is recommenced that building Dermis be obtained for all work requiring Permits prior to beginning tha'recommendec repairs. For informst+on cowerning the builcing deoartmert and permit raquiremants, contact the local bui'ding deoartmant. 'Work performed as required under permit from the building departnoent should be approved, accepted and signed off by the cooartmont prior to conside•-ing work to be completed, NO -E: WE DO NOT REMOVE FLOOR CbVRINGS AT THE TIME OF OUR INSPECTION, WE ASSLh1E NO P,_SPONS=BTLITY FOR ANY DAMAGE TO ANY WOOD FLOORS 'THAT IS DETECTED AFTER THE FLOOR COVERINGS HAVE BEEN REMOVED. TIiCS'; AREAS W:LL K INSPECTED TF THEY ARE MADE ACCESSIB•.E PRIOR TO OUR INSPECTION, SHOWERS OVER 'INISHED CEILIKr.S ARE NOT WATER TESTED UNLESS WATER ,STAINS ARE EVIDENT BELCW, IN WHICH CASSE, RECOMMENDATIONS WILL, BE FADE -OR FURTHER TESTING. IF IT IS FOUND THAT DAMAGE EXTENDS INTO PR:VICUSLY INACCESSIBLE AREAS, OR AREAS CONCEALED BY FURNITURE, PERSONAL SE!ONGINGS, E"C., A SUPPLEMENTAL REPORT WILL BE ISSUED AS TO THE FINDINGS AND ADDITIONAL COSTS. NOTE: THE EXTERIOR SURFACE OF THE ROOF WILL NOT BE INSPECTED. WE MAKE A VISUAL INSPECTION FROM THE GROUND LEVEL ONLY. IF YOU WANT THE WATER TIGHTNESS OF TIi'E ROOF DL•'IEMMINED, YOU SHOULD CONTACT A ROOFING CONTRACTOR WHO IS LICENSED BY THE CON'TRACTOR'S STATE LICENSE BOARD. NOTICE. ,.Reports on this structure prepared by various registered companies should list :.he Ears f'ndings (i.e. r9 temi-; irfaststions, termite damage, fungus damage, etc.). However, recommendations to correot these findings may vary from owpany to company. You have a r•iyht to seek a second opinlon from another company, NOTE: TH_ CHARGE FOR SERVICE THAT TH-S COMPANY 9v6CO.NTRACTS TO ANOTHER REGISTERED COMPANY MAY :NCLUD� 1'1`_ COMPANY'S CHARGES FOR ARRAiGING AND ADMINISTERING SUCH SERV -.CES 71sT ARE IN ADDITION TO THE DIRECT' COSTS ASSOCIATED W11H PAYING THE SUBCONTRACTOR. vOU MAY ACCEPT SCENIC COAST-ERMITE'S BID OR YOU MAY CONTRACT DIR=CTLY WITH ANOTHER REGIS-ERED COMPANY. SCENIC CORS- TERMITE WILL NOT BE RESPONSIBLE FOR ANY ACT OR OMISSION IN THE PERFORMARCE OF WORK THA- YOU DIRECTLY CONTRACT WITH ANOTHER TO PERFORM. WHEN WORN: 75 RECOMMENDED-. A ,REINSPECTION WILL BE MADE IF REQUESTED WITHIN' FOUR (4) MONTHS 0= ORIG_1iAL REPORT, FOR AN ADDITIONAL FEE. WE CA\NOT GUARANTEE i%URK DONE BY OTHERS CP, THEIR AGENTS. A SEPARATED REPORT HAS BEEN REQUESTED; IT IS DEFINED AS SECTION 1 & 2 COP'0:110\S EVIDENT ON THE DATE OF INSPECTIGIc SECTION It Contains. items wnere there is evidence of active infestatior., infection or conditions that have resultod in or From infestation or i rection. SECTION 2: Section 2 items are conditions deemed likely to lead to infestation or infection, nut where no visible evidonce of such was.fourd. FURTHER INSPECTION: Further inspection items are defined as recammendations =o inspect areas which during the original insprction cid nor, allow the ansae-C'ecr access to tom Dletca tns inspection and cannot oe dafined as Section 1 or 2. ASBESTOS STATEMEN7- Reference A82040, $62572 and the General Industry Safety Order 5208. This reoort does not incluse repairs that require contact with materials containing asbestos. Scenic Coast Term'te, or it's emp'oyees, are not- state ot state licensed 'n asbestos analysis. and canrot .make representations about possible presence or non -presence of asDestos containing materials. There nay be health related issues associated with the findings reflected in this report. We are not qualified to and do not renter an opinion conoerw ng any such health issues. The inspection reflected by this report was limited to the visible and accessible areas only. Ouestions concerning health related issues, which may be associated with the findings or reccmmoneations reflected in this report, the presence of mold, the release of mold spores or concerning rdoor air quality should be directed t0 a Certified Industrial Hygienist, N011M TO OWNER: :ander the California Mechanics '_ion Law, any structural pest control operator who contacts to do work for you, any contractor, subcontractor. laborer, suopliers oe other parson who, helps to improve your Property, but is not paid for his work or supplies, has a richt to erforce a claim against your property. ThiE. means that aftw a covert hearing, your property could be sold by a court officer and the proceeds of the sale used to satisfy Lhe indebtedness. This can happen even if you have pais your contractor in full if the subcontractor, laborer or SuoDliers remain unpaid. To preserve their right to fi'e a claim or lien against your property, certa•n claimants such as subcontractors or material suppliers are regJlred to provide you with a document entitled "Preliminary Notice". General contrartnrs and laborers 'or wages do not F.ave to provide this notice. A Prelim`.rary Nutir- is not a 'lien against your property, -Its purpose is to notify you of persons who may have a right to file a Iie,1 against your property if they are not paid. SCENIC COAST TERAU TE CONTROL --- License No. PIS 4149 \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0081 7255 Navajoa\TPM 2005-0081 staff report.doc ITEM NUMBER: 8 DATE: 6-6-06 3rd PAGE OF STANDARD INSPECTION REPORT ON PROPERTY AT: 7255 Navajoa, Ataseadero, CA, 93422 07,108/05 _ 1408A BL•IIr)INC NO. STREET, CITY, STATE, ZIF INS°ECTI0\ DAT` REPORT NI SUBTERRANEAN TEI2ml Es: Item 1A: Live subterranean termites were detected at wall base in garage, see 1A. RECa4MDATION: Z'ft carpets, Drill through floors on one side of interior partition walls and on exterior walls where necessary and. pressure treat soil under with a registered termiticide as per lZbel specification. Plug and seal holes. R,a-lay carpeting after treatment. Trench and treat around P.xterior of building at base of stucco. Drill and treat along any cold joint in concrete floor of garage. NI12; If linoleum floor coverings exist in the concrete slab liv areas, they may be damaged as a result of the drilling and treating. Care will be taken to minimize any damage, Scenic Coast Termite Control assumes no responsibility for any damage incurred to the floor coverings as a result -- of the drilling and treating process. ****** This is a section 1 item ****** FUNGUS/yRYRO1:.- Item 3A: Faulty grade and earth to wood contact noted at base of siding around the front bay window, see 3A on diagram, REC ON: Lower the grade level 2-4" below top of foundation to slope away from the structure and repair any damaged siding. ****** This is a Section 1 Item ****X* Ttem 3R: Dry rot detected ;n eaves at left front of structure as per 31i on diagram. R990vE VDATION: Remove and replace dry rot in eaves as necessary. ****** This is a Section 1 Item ****** Item 3C: Dry rot detected in corner of roof fascia at left rear of structure as per 3C on diagram. RECONdnE, IATION: Remove and replace dry rot in eaves as necessary. *****x This is a Section 1 Item x*x*** Item 3D: Dry rot was detected throughout patio roof fratning and supports, see 3D on diagram. REC L4-4-FNDA N:. Remove. patio framing. HM: A new patio cover can be. installed and a bid will be provided upon request. ****** This is a Section 1 Item ****** Item 3E: Dry rot was detected in wood trim at left rear of structure, see 3E. RE92d &A.TION: Remove and replace damaged trim. ****** This is a Section 1 Item ****** SCENIC COAST TERMITE CONTROL --- License No. PR 4149 \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0081 7255 Navajoa\TPM 2005-0081 staff report.doc ITEM NUMBER: 8 DATE: 6-6-06 7255 Navajoa, Atascadero, CA, 93422 07/08/05 14088 BUILDING NO. STREET, CITY. STATE, ZIP INSPECTION DATE REPORT NO. FUNGU31DRYROT: Item 3F: Dry rot has damaged the wood members beneath the tile counter in the kitchen, see 3F on diagram_ RECOMMEMATION: F.eplace all. dry :rot and repair or replace tile as necessary. NOTE: A new counter and/or new bile can be installed. A bid will be provided upon request, based on type of materials. ****** This is a Section 1 Item *X**** OTHIER FLNDNGS: Item 4A: The wood trim and siding is warped and loose at right side of garage, see 4A on diagram. However, no dry rot was detected. RECOMvIENDATION Pe—secure. and reseal trim and siding as necessary. .LLelll 4b: wdt;er*Scaa.x�s-ueLse�Lef Wq- 4 L1AJT82m( g *see 4n on niagram. RFGNDAIION: Employ a state licensed roofer or contractor to inspect the entire roof over the areas of water staining and make any necessary repairs to make the root water Eight. ****** This is a Section 2 Item ****** Item 4C: A plunbing leak was noted under the main bath sink, see 4C on diagram. REQg2MPATTQN: Repair the leak- as found to be necessary. ****** This is a Section 2 Item ****** Item 4D: The marlite wall covering at tub enclosure is checked/damaged and improperiY sealed possibly allowing water to enter into the wall cavity, see 4D. ppQj ENDAT10N: Remove the glass doors. Remove the marlite wall covering and backing for further inspection, if no further damage is exposed, install new moisture resistant sheetrock and marlite wall covering. NOTE; THE ORIGINAL FIXTURES WILL BE USED UNLESS OTHERWISE REQgEST A price for a new fiberglass tub enclosure will be given upon request. **)<*** This is a Section 2 Item ****** Item 4E: There is an inaccessible bathtub plumbing void, see 4E on diagram. RECOMMENDATION: Install a permanent access to the tub void to allow for further inspection. 'Treat th':s area with PREMISE 75, a registered termiticide as per label specifications. ******.This is a Section 1 Item ****** SCENFC ('OAST TERN11TE CONTROL --- License No. FR 4149 \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0081 7255 Navajoa\TPM 2005-0081 staff report.doc ITEM NUMBER: 8 DATE: 6-6-06 Sth PAGE OF STANDARD INSPECTION REPORT ON PROPERTY AT: 7265 Navajos, Atascadero, CA, 93422 0/!08106 1408A BUIL.DING N0. STRE2-T, CITY, STATE, IIF !NSPECTjO� DATE r<=POR H0. OTHER FINDINGS: Item 4F: Waterstains'were noted on the roof structure in the attic area indicating possible roof leakage around roof vents and fireplace, see 4F m diagram_ 1Z8MME ATION: The owner is to employ a licensed roofing contractor to inspect and repair the roof as fotutd to be necessary, ****** This is a Section 2 Item x*k*** SECTION 1 SL,01ION 2 FURTI] R INSPECT, 1A: $ 725.00 4A: $ 30.00 3A: $- 110.00. 42: No Bid 3B: $ 125.OD 4C: $ 25.00 3C: $ 85.00 4D: No Bid 3D: $ 185.00 4F: No Bid 3E: $ 60.00 3F: No Bid 4E: $ 45.00 SCENIC COAST TETI2ITE CONTROL --- License No, PR 4149 \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0081 7255 Navajoa\TPM 2005-0081 staff report.doc ITEM NUMBER DATE: 6-6-06 ATTACHMENT 7: Draft Resolution PC 2006-0053 TPM 2005-0081 7255 Navajoa Avenue DRAFT RESOLUTION NO. PC 2006-0053 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING TENTATIVE PARCEL MAP 2005-0081 (AT 05-0316), ESTABLISHING TWO AIRSPACE UNITS ON ONE COMMON LOT 7255 NAVAJOA AVENUE (SEABERG/FARRIS) WHEREAS, an application was received from Chris and Jacquelyn Seaberg, 2165 Wilton Dr., and Kelly and Theresa Farris, 4680 Shadow Canyon Rd., Templeton, CA 93465 (Owner/Applicant), for a Tentative Parcel Map to establish two airspace units on one common lot; and, WHEREAS, the proposed project has a General Plan Designation of Medium Density Residential (MDR) and is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and, WHEREAS, the site is located in the Residential Multi -family — 10 du/ac (RMF -10) which allows for the proposed use and density when certain findings are made; and, WHEREAS, a Class 3 Categorical Exemption was prepared for the project in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Tentative Parcel Map application on June 6, 2006 at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public. NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for approval of condominium conversion map. The Planning Commission finds as follows: 1. The proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements. 3. The site is physically suitable for the density of development proposed. 4. The design and improvement of the proposed map will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0081 7255 Navajoa\TPM 2005-0081 staff report.doc ITEM NUMBER: 8 DATE: 6-6-06 5. The map is consistent with the character of the immediate neighborhood. 6. The design of the condominium map will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. The proposed condominium map design and type of improvements proposed will not cause serious public health problems. 8. The proposed conversion will not displace a significant number of low-income or moderate -income households or senior citizens at a time when no equivalent housing is readily available in the City. 9. Each tenant received written notification of intention to convert at least 60 days prior to the filing of the tentative map pursuant to Section 66452. 10. Each tenant and each person applying for the rental of the units has received all applicable notices and rights now or hereafter required by Section 66427. 11. Each tenant will be notified within 10 days of approval of the final map for the proposed conversion. 12. The applicant has given a written statement promising to give 180 days' written notification to each tenant of owner's intention to convert prior to termination of tenancy due to the proposed conversion. 13. Each of the tenants has been, or will be given, notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. This right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right. SECTION 3. Approval. The Planning Commission does hereby approve Tentative Parcel Map 2004-0064 to establish two airspace units on one common lot, subject to the following Conditions and Exhibits: \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0081 7255 Navajoa\TPM 2005-0081 staff report.doc ITEM NUMBER: 8 DATE: 6-6-06 EXHIBIT A: Categorical Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Tentative Parcel Map 2005-0081 On motion by Commissioner and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ABSTAINED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0081 7255 Navajoa\TPM 2005-0081 staff report.doc EXHIBIT A: Categorical Exemption TPM 2005-0081 ITEM NUMBER: 8 DATE: 6-6-06 CITY OF ATASCADER0 NOTICE OF EXEMPTION 6907 El Camino Real Atascadero, CA 93422 805.461.5000 Date Received for Filing TO: ® File ❑ Office of Planning and Research 1400 Tenth Street Sacramento, CA 95814 FROM: Callie Ford, Assistant Planner City of Atascadero 6907 El Camino Real Atascadero, CA 93422 SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code. Project Title: Tentative Parcel Map 2005-0081; Condominium Conversion Project Location (Include County: 7255 Navajoa Avenue, Atascadero, 93422; San Luis Obispo County Project Description: A proposed condominium map over an existing lot of record to create two airspace units on one common lot. The existing residence and attached garage would remain and be converted to a condominium unit. An additional single story residence and attached garage is proposed. Name of Public Agency pproving Project: City of Atascadero Name of Person or Agency C4,Mng Out Project: Chris Seaberg, Applicant, (805) 927-0765 \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0081 7255 Navajoa\TPM 2005-0081 staff report.doc ITEM NUMBER: 8 DATE: 6-6-06 Exempt Status: ❑ Ministerial (Sec. 15073) ❑ Emergency Project (Sec. 1507 (b) and (c)) ❑ Declared Emergency (Sec. 15061 (a)) ❑ General Rule Exemption (Sec. 15061.c) ® Categorically Exempt (Sec. 15303(a)) Reasons why project is exempt: Class 3 of the California Environmental Quality Act (CEQA) (Section 15303(a), New Construction or Conversion of Small Structures) exempts the conversion of existing small structures from one use to another where only small modifications are made in the exterior of the structure. Class 3 also exempts the construction of limited numbers of new, small structures . Up to three single family residences may be constructed or converted under this exemption. Contact Person: Callie Ford, Assistant Planner, (805)470-3448 Date: May 18, 2006 Callie Ford Assistant Planner \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0081 7255 Navajoa\TPM 2005-0081 staff report.doc ITEM NUMBER DATE: 6-6-06 EXHIBIT B: Conditions of Approval / Mitigation Monitoring TPM 2005-0081 Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure TPM 2005-0081 PS: Planning Services BL: Business License BS: Building Services Address: 7255 Navajoa Avenue GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Standard Planning Conditions 1. The approval of this application shall become final, subject to the FM PS completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9- 1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Parcel Map shall be valid for two years FM PS after its effective date. At the end of the period, the approval shall expire and become null and void unless a final map has been recorded or 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 FM PS to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Parcel Map. 4. A parcel map drawn in substantial conformance with the 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. 5. The subdivider shall defend, indemnify, and hold harmless the City Ongoing CA of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 6. The parcel map shall be subject to additional fees for park or FM PS recreation purposes (QUIMBY Act) as required by City Ordinance. Project Planning Conditions 7. Prior to final map, the applicant shall submit CC&R's for review and FM PS/PW approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a. Exclusive use easements for the private yard areas. b. Provisions for maintenance of all common areas including access, parking, street trees, any fencing and landscaping. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0081 7255 Navajoa\TPM 2005-0081 staff report.doc ITEM NUMBER DATE: 6-6-06 Conditions Of Approval Timing Responsibility Mitigation /Monitoring Measure TPM 2005-0081 PS: Planning Services BL: Business License BS: Building Services Address: 7255 Navajoa Avenue GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy c. A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. d. Provision for screening and maintenance of individual trash receptacles. e. Fencing Standards f. A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. 8. This map shall be for the approval of airspace units only. The final FM PS map shall show one common lot and two airspace units. 9. Prior to recordation of the final parcel map, the applicant shall FM PS submit a condominium plan for recording concurrently with the final parcel map. A qualified licensed professional shall prepare the final parcel map and the condominium plan. 10. Should the units be rented prior to the recordation of the final map, FM PS all requirements set forth in Government Code Section 66427.1 shall be met. 11. The maximum percent of coverage for the lot, excluding decks less BP PS than 30 inches from the ground, shall be 40%. 12. Each unit will be provided a minimum of 100 square feet of FO PS/BS enclosed storage space, exclusive of closets. 13. Each unit will be responsible for its individual trash receptacle and FO PS/BS shall keep it screened from public view, except on trash pickup day. 14. Prior to final inspection for the proposed units, the owner shall plant FO PS/BS one 15 -gallon oak tree at the northwest corner of the property. 15. The second driveway will be installed with decorative concrete as noted on plan. The existing driveway will be upgraded with decorative concrete as well. 16. In accordance with the Property Condition Report, the following FO PS/BS shall be completed prior to recordance of the final map: a. Replace windows (currently aluminum single pane) with dual pane, low E glazing windows that meet current code requirements. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0081 7255 Navajoa\TPM 2005-0081 staff report.doc ITEM NUMBER DATE: 6-6-06 Conditions Of Approval Timing Responsibility Mitigation /Monitoring Measure TPM 2005-0081 PS: Planning Services BL: Business License BS: Building Services Address: 7255 Navajoa Avenue GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy b. Additional attic insulation is to be added to achieve an R-30 rating and wall cavities are to be filled with an R-13 rating insulation to bring the residence into conformity with energy compliance. c. Repair cracking and deterioration in garage slab with a thin overlay of high PSI concrete. d. Install a setback thermostat to meet energy compliance. e. GFCI outlets are to be installed in the bathroom and kitchen. f. Smoke detectors are to be added. g. All flooring is in poor condition and is to be replaced. h. Appliances, range and dishwasher to be replaced with new energy and water conserving models. i. Toilet to be replaced with a 1.6 GPF model and a new tub surround is to be installed j. The landscaping shall be upgraded in the front of the existing house. The bald spot on the lawn will be replanted to discourage people from parking on the lawn as they do currently. k. All areas of concern noted in pest report shall be addressed and repaired. All work shall be addressed and repaired. All work shall be reinspected by a licensed pest control operator to be deemed repaired. 17. If exterior lighting is proposed, it shall be designed to eliminate BP PS any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 16 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the private street. Fixtures shall be shield cut-off type and compatible with historic setting, subject to staff approval. 18. Should any cultural resources be unearthed during site BP PS development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. City Engineer Standard Conditions \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0081 7255 Navajoa\TPM 2005-0081 staff report.doc ITEM NUMBER DATE: 6-6-06 Conditions Of Approval Timing Responsibility Mitigation /Monitoring Measure TPM 2005-0081 PS: Planning Services BL: Business License BS: Building Services Address: 7255 Navajoa Avenue GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 19. All public improvements shall be constructed in conformance FM/FO PW with the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 20. In the event that the applicant is allowed to bond for the public FM PW improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 21. An engineer's estimate of probable cost shall be submitted for FM PW review and approval by the City Engineer to determine the amount of the bond. 22. The Subdivision Improvement Agreement shall record FM PW concurrently with the Final Map. 23. An encroachment permit shall be obtained prior to the issuance BP PW of building permit. 24. A six (6) foot Public Utility Easement (PUE) shall be provided FM PW contiguous to the Navajoa Avenue property frontage. 25. The applicant shall be responsible for the relocation and/or BP PW alteration of existing utilities. 26. The applicant shall install all new utilities (water, gas, electric, BP PW cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 27. The applicant shall monument all property corners for FM PW construction control and shall promptly replace them if disturbed. 28. The applicant shall acquire title interest in any off-site land that FM PW may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 29. Slope easements shall be provided as needed to accommodate FM PW cut or fill slopes. 30. Drainage easements shall be provided as needed to FM PW accommodate both public and private drainage facilities. 31. A preliminary subdivision guarantee shall be submitted for review FM PW in conjunction with the processing of the parcel map. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0081 7255 Navajoa\TPM 2005-0081 staff report.doc ITEM NUMBER DATE: 6-6-06 Conditions Of Approval Timing Responsibility Mitigation /Monitoring Measure TPM 2005-0081 PS: Planning Services BL: Business License BS: Building Services Address: 7255 Navajoa Avenue GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 32. All existing and proposed utility, pipeline, open space, or other FM PW easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 33. The final map shall be signed by the City Engineer prior to the FM PW map being placed on the agenda for City Council acceptance. 34. Prior to recording the parcel map, the applicant shall submit a FM PW map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 35. Prior to recording the parcel map, the applicant shall set FM PW monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 36. Prior to recording the parcel map, the applicant shall pay all FM PW outstanding plan check/inspection fees. 37. Prior to recording the parcel map, the applicant shall complete all FM PW improvements required by these conditions of approval. 38. Prior to recording the parcel map, the applicant shall have the FM PW map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 39. Upon recording the final map, the applicant shall provide the City FM PW with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 40. Prior to the final inspection of any public improvements, the BP PW applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 41. Prior to the final inspection, the applicant shall submit a written BP PW certification from a registered civil engineer or land surveyor that \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0081 7255 Navajoa\TPM 2005-0081 staff report.doc ITEM NUMBER DATE: 6-6-06 Conditions Of Approval Timing Responsibility Mitigation /Monitoring Measure TPM 2005-0081 PS: Planning Services BL: Business License BS: Building Services Address: 7255 Navajoa Avenue GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy all survey monuments have been set as shown on the final map. City Engineer Project Conditions 42. All frontage improvements shall be constructed on Navajoa BP PW Avenue along the property frontage to the 405 Local street section. Improvements shall include constructing curb, gutter and sidewalk along the property frontage. 43. Applicant shall slurry seal Navajoa Avenue along the entire FM/BP PW property frontage, from the centerline plus ten feet. 44. Driveway approach shall be constructed to current ADA FM/BP PW regulations. This includes a 4 -foot landing at the back of the driveway approach. Proposed public pedestrian easement shall be increased to include landing. 45. Buildings shall be connected by three individual 4" sewer FM/BP PW laterals, or a single 6" sewer lateral. 46. All sewer laterals serving buildings where the finish floor is less FM/BP PW than 12 -inches above the next upstream manhole shall be fitted with a backflow prevention device. 47. A drainage report prepared by a civil engineer shall be submitted FM/BP PW for review permit issuance or recordation of the final map. A detention/retention basin shall be provided for all increased runoff in accordance and approval of the City Engineer, prior to building with the City Municipal Code and Engineering Standards. 48. Applicant to submit grading & drainage plans and the storm drain BP, GP CE design & facilities. 49. Applicant to submit calculations to support the design of any BP, GP CE structures or pipes. Closed conduits shall be designed to convey the 10 -year flow with gravity flow, the 25 -year flow with head, and provide safe conveyance for the 100 year overnow. 50. Existing drainage patterns from adjacent properties shall not be BP, GP CE obstructed. 51. The Applicant shall widen Navajoa in conformance with City BP, GP CE Standard 405 for Local Streets across the entire property frontage. 52. The applicant shall pay sewer Extension (Annexation) and BP, GP CE Connection fees upon issuance of building permit. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0081 7255 Navajoa\TPM 2005-0081 staff report.doc ITEM NUMBER DATE: 6-6-06 Conditions Of Approval Timing Responsibility Mitigation /Monitoring Measure TPM 2005-0081 PS: Planning Services BL: Business License BS: Building Services Address: 7255 Navajoa Avenue GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 53. Drainage piping serving fixtures which have flood level rims BP, GP CE located below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve Fixtures above such elevation shall not discharge through the backwater valve. 54. Each building shall be separately and independently connected BP, GP CE with the public sewer. Atascadero Mutual Water Company Project Conditions 57. Before recordation of the final map, the applicant shall submit FM AMWC plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All new water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross -connection devices shall conform to AWWA and California Department of Health Services standards. 58. Before the start of construction on the water system FM AMWC improvements, the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. 59. Before issuance of building permits, the applicant shall obtain a FM AMWC "Will Serve" letter from AMWC for the newly created lots within the subdivision. 60. Separate water meters for domestic water service are required FM AMWC for each individual condominium unit. 61. The applicant shall obtain a separate landscape -irrigation meter FM AMWC from AMWC for the common areas within the project. Landscaping for common areas shall be drought -tolerant. The landscaping for common areas shall conform to the mitigation measures noted in Table II -7, Hydrology and Water Quality, of the General Plan 2025. The applicant shall keep the use of turf grass in common area landscaping and in other areas to a minimum. 62. Before construction of the water system improvements, AMWC FM AMWC shall review and approve the landscape plans for the common areas within the project. 63. The applicant is responsible for designing and constructing FM AMWC water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0081 7255 Navajoa\TPM 2005-0081 staff report.doc ITEM NUMBER DATE: 6-6-06 Conditions Of Approval Timing Responsibility Mitigation /Monitoring Measure TPM 2005-0081 PS: Planning Services BL: Business License BS: Building Services Address: 7255 Navajoa Avenue GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy the project. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0081 7255 Navajoa\TPM 2005-0081 staff report.doc ITEM NUMBER: 9 DATE: 6-6-06 9. APPEALS OF PLANNING COMMISSION DECISIONS TO CITY COUNCIL THE PLANNING COMMISSION WILL DISCUSS THE CITY'S CURRENT POLICY THAT ALLOWS INDIVIDUAL COMMISSIONERS TO APPEAL DECISIONS TO THE CITY COUNCIL WITHOUT A FEE.