The URL can be used to link to this page

Home My WebLink AboutPC_2006-08-01_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, August 1, 2006 — 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Beraud Vice Chairperson O'Keefe Commissioner Fonzi Commissioner Jones Commissioner Kelley Commissioner Porter Commissioner Slane PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, tentative subdivision maps, parcel maps, variances, conditional use permits, and planned development permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda.) CONSENT CALENDAR City of Atascadero Planning Commission Agenda Regular Meeting August 1, 2006 Page 2of5 (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 JULY 18, 2006. COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name and address for the record and can address the Commission for five minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 2. PLN 2006-1113/Conditional Use Permit 2006-0183 Owner: Michael & Lorraine Wahlberg, 1109 Putter Ave., Paso Robles, CA 93446 Applicant: Atascadero Waste Alternatives, 7675 San Luis Ave., Atascadero, CA 93422 Project Title: PLN 2006-1113 / Conditional Use Permit 2006-0183 Project Location: 7675 San Luis Ave., Atascadero, CA 93422 APN 030-241-020 Project Description: The project consists of an application to install an 8 foot privacy fence and frontage improvements. General Plan Designation: SC (Service Commercial) Zoning District: CS (Commercial Service) Proposed Categorical Exemption Environmental Determination: City of Atascadero Planning Commission Agenda 3. PLN 2099-0426/Tentative Parcel Mau 2004-0067 Amendment Regular Meeting August 1, 2006 Page 3of5 Owners• Brian & Emily Armet, 2455 Monterey Rd., Atascadero, CA 93422 Project Title• TPM 2004-0067 Amendment Project 2455 Monterey Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 049-201-003 Project The proposed project consists of an application to amend the building Description• envelope on Parcel 2. General Plan Designation: RE (Rural Estates) Zoning District: RS (Residential Suburban) Proposed Consistent with previously certified Mitigated Negative Declaration Environmental Determination: COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT 4. TTM-2002-0021/FMP-2006-0134 Owner: Bruce Barnhard, 10417 Claridge Ct., Bakersfield, CA 93311 Applicant• Westland Enginnering, 3480 S. Higuera St. Ste. 130, San Luis Obispo, CA 93401 Certified Arborist: Ted Elder, Elder & Elder, 1207 Grassy Hollow Way, Paso Robles, CA 93446 Project Title: TTM 2002-0021 Project Location: 9500 Las Lomas Ave., Atascadero, CA 93422 APN 030-481-005, 030-481-006 Project Description: Status Report on Trees ADJOURNMENT The next regular meeting of the Planning Commission will be on August 15, 2006 at City Hall, Council Chambers, 6907 El Camino Real, Atascadero. City of Atascadero Planning Commission Agenda Regular Meeting August 1, 2006 Page 4 of 5 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 August 1, 2006 Page 5of5 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). ITEM NUMBER: 2 DATE: 08-01-06 Atascadero Planning Commission Staff Report - Community Development Department Fence Height and Public Improvements Conditional Use Permit 2006-0183 (7675 San Luis Avenue/ Atascadero Waste Alternative) SUBJECT: A request to allow the installation of an eight foot wood fence and street frontage improvements at the Atascadero Waste Alternative's equipment and truck yard on San Luis Avenue. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2006-0068 to approve Conditional Use Permit 2006-0183 based on findings and subject to conditions of approval. SITUATION AND FACTS: 1. Applicant / Project Address: Atascadero Waste Alternative 7675 San Luis Ave. Atascadero, CA 93422 Phone: 805-614-1130 Representative: Keith Ramsey 1850 W. Betteravia Rd. Santa Maria, CA 93455 Owner: Michael and Lorraine Wahlberg 1109 Putter Ave., Paso Robles, CA 93446 3. General Plan Designation: Service Commercial (SC) 4. Zoning District: 5. Site Area: 6. Existing Use: Commercial Service (CS) 0.394 acres Atascadero Waste Alternative Equipment and truck yard ITEM NUMBER: 2 DATE: 08-01-06 7. Environmental Status: Class 3, Categorical Exemption 15303. DISCUSSION: Background The subject site is located in a Commercial Service zone between San Luis Avenue and EI Camino Real, adjacent to Highway 101. The Atascadero Waste Alternatives occupies the site and uses it for their equipment and truck storage yard. An application has been submitted to upgrade the fence along the west side of the property (the side that faces San Luis Ave and Highway 101.) The applicant is requesting a height exception to install an eight foot wood fence along the property edge; the fence would be 227 feet in length. Landscaping would be installed along street side of the fence (outside of the fence.) The applicant is also requesting to construct street frontage improvements including new concrete curb, gutter, and sidewalk. Analysis The applicant is requesting an exception to the maximum allowable height through a Conditional Use Permit for the eight foot fence. According to the Atascadero Municipal Code (AMC 9-4.128(c)(2): (2) Permit to Exceed Height. A minor conditional use permit approval is required where fencing is proposed to be greater than six (6) feet in height. Staff has reviewed the site conditions and proposed fence and landscape plans. Staff has required that the fence be made of wood rather than chain link, and the applicant has submitted a landscape plan as well. The fence would help screen the storage yard on site and the landscaping would enhance the street frontage. The applicant is requesting permission to construct street improvements as well. Although, street frontage improvements are not required as a condition of installing the fence, the applicant would like to enhance the property frontage. Staff has conditioned the street frontage improvements to be done in compliance with City standards. Building permits for public improvements would be required before work begins. Environmental Determination The project has been determined to qualify for a Class 3 Categorical Exemption under the provisions of the California Environmental Quality Act (CEQA section 15303; New Construction or Conversion of Small Structures). ITEM NUMBER: 2 DATE: 08-01-06 CONCLUSION: The proposed project is consistent with the General Plan and Atascadero Municipal Code, as analyzed within this staff report. Staff finds that the proposed project as conditioned, meets the required findings necessary for Planning Commission approval. ALTERNATIVES: 1. The Commission may modify 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 to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The Commission should specify the reasons for denial of the project and recommend an associated finding with such action. PREPARED BY: Callie Ford, Assistant Planner ATTACHMENTS: Attachment 1: Vicinity and Zoning Map Attachment 2: Aerial View Attachment 3: Draft Resolution PC 2006-0068 ITEM NUMBER: 2 DATE: 08-01-06 Attachment 2: Aerial View Project Site► =� Ali • '� 7 Z� , .4• To �1 i Attachment 3: Draft Resolution PC 2006-0068 DRAFT RESOLUTION PC 2006-0068 RESOLUTION OF THE ATASCADERO PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 2006-0] 83 TO ALLOW AN EIGHT FOOT WOOD PRIVACY FENCE (7675 San Luis Avenue - Atascadero Waste Alternative) WHEREAS, an application has been received from Atascadero Waste Alternative (7675 San Luis Ave. Atascadero, CA 93422), applicant, and Michael and Lorraine Wahlberg (1109 Putter Ave. Paso Robles, CA 93446), property owner, to consider a request to allow an eight foot wood privacy fence; and, and, WHEREAS, the site's General Plan Land Use Designation is SC (Service Commercial); WHEREAS, the site's zoning district is CS (Commercial Service); and, WHEREAS, a Class 3 Categorical Exemption, Section 15303, has been prepared for the project in accordance with the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit application was held by the Planning Commission of the City of Atascadero, at which hearing evidence, both oral and documentary, was admitted on behalf of said project; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on August 1, 2006, studied and considered the proposed Conditional Use Permit; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as follows: 1. The proposed project has been found Categorically Exempt under Class 3, Section 15303 of the California Environmental Quality Act. SECTION 2. Findings for Approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed projector use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on August 1, 2006, resolved to approve Conditional Use Permit 2006- 0183 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Categorical Exemption EXHIBIT C: Site Plan On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval Atascadero Waste Alternatives: Eight Foot Fence & Frontage Improvements (CUP 2006-0183) Conditions of Approval / Timing Responsibili Notes Mitigation Monitoring Program ty /Monitoring Atascadero Waste Alternatives BL: Business License PS: Planning Services BS: Building Services GP: Grading Permit BP: Building Permit FD: Fire Department CUP 2006-0183 FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final CA: City Attorney Occupancy Planning Services 1. This Conditional Use Permit shall be for a maximum eight foot high BP PS wood fence located on parcel 030-241-020 (7675 San Luis Avenue), regardless of owner. 2. The approval of this use permit shall become final and effective for BP PS the purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to that date, an appeal to the decision is filed as set forth in Section 9- 1.111(b) of the Zoning Ordinance. 3. Approval of this Conditional Use Permit shall be valid for twelve BP PS (12) months 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 or applied for an extension of entitlement. 4. Approval of this Conditional Use Permit shall be consistent with Ongoing PS Atascadero Municipal Code Zoning Ordinance Sections 9-6.163 and 9-3.701. Any violations of the CUP shall be subject to review and reconsideration by the Planning Commission at a noticed public hearing. 5. The Community Development Department shall have the authority BP PS to approve minor changes to the project that address a construction design issue that is not substantive to the land use. 6. The property owner shall defend, indemnify, and hold harmless the Ongoing ALL 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 Conditional Use Permit. 7. All construction shall be consistent with the plans in exhibit C BP PS Engineering 1. If public improvements are constructed, plans prepared by a BP BS licensed engineer must be submitted and approved prior to any construction. Conditions of Approval / Timing Responsibili Notes Mitigation Monitoring Program ty /Monitoring Atascadero Waste Alternatives BL: Business License PS: Planning Services GP: Grading Permit BS: Building Services BP: Building Permit FD: Fire Department PD: Police Department CUP 2006-0183 FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 2. Work done within the public right of way, including curb, gutter, and BP BS sidewalk improvements, requires a class A contractor's license and an encroachment permit. EXHIBIT B: Categorical Exemption (CUP 2006-0183) 6907 EI Camino Real TO: ® File FROM: Callie Ford, Assistant Planner City of Atascadero 6907 EI Camino Real Atascadero, CA 93422 CITY OF ATASCADERO NOTICE OF EXEMPTION Atascadero, CA 93422 805.461.5000 Date Received for Filing RECEIVED JUL 2 1 2006 COMMUNITY DEVELOPMENT SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code. Proiect Title: Conditional Use Permit 2006-0183 Project Location: 7675 San Luis Ave, Atascadero, CA 93422, San Luis Obispo County Project Description: The project consists of a height allowance for an eight foot wood privacy fence and street frontage improvements on the west side of the lot at 7675 San Luis Avenue. The Atascadero Waste Alternatives occupies the site and uses it for their equipment and truck storage yard. Name of Public Agency Approving Project: City of Atascadero Name of Person or Agency Canning Out Project: Keith Ramsey, Atascadero Waste Alternatives (applicant) (805)614-1130 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(d, e)) Reasons why project is exempt: Class 3 (d, e) of the California Environmental Quality Act (CEQA) (Section 15303, New Construction or Conversion of Small Structures) exempts accessory (appurtenant) structures including fences (e) and street improvements of reasonable length (d.) Contact Person: Callie Ford, Assistant Planner (805)470-3448 Date: July 21, 2006 aw'-�a--A-j Callie Ford EXHIBIT C: Site Plan Landscaping and eight foot privacy fence location (CUP 2006-0183) W J'�] .IVFA VQ �z'£t 7�?1dd:31b1 �� gas s 571I1I- �wm aA�Ps� .,0D MMM E9Z9-9917-908 £ZVE6 VO `0aapeoseIV `£98 X08 'O'd sadeaspue-j auoapLW gg« X '8 F Jit oo 4 QA 9E959AI E m mij SfrSccE HIM ��: Gg�O$�e^ v gB«, � �c�c9aP g.E�gs,d V ig o Lgg$qP13� a9 Q U BE -9 � 'coa&9$„ j WA L �.' a Q eo� �oi�€:r�9 €._ F GI aJ W tg 3_ m 0 Rf L) C b i0 �g 2 J N -.1 Po� %0 Mg- 1W r �3g M A c x g s g :0: R O 'E r ag _N HL E. — zi a _ �J2 US xiA�2 -T-8 aE�f ��o s- u� g� o aiE a goc E=,�ugwg5 Ml0 o a= S5S � N 3cE cL g$g �. ..4 24 4 CALL TO ORDER ITEM NUMBER: 1 DATE: 8-1-06 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, July 18, 2006 — 7:00 P.M. Chairperson Beraud called the meeting to order at 7:00 p.m. and Commissioner Fonzi led the Pledge of Allegiance ROLL CALL Present: Commissioners Fonzi, Kelley, Slane, O'Keefe and Chairperson Beraud Absent: Commissioners Jones and Porter Staff Present: Community Development Director Warren Frace, Public Works Director / City Engineer Steve Kahn, Deputy Community Development Director Steve McHarris, Associate Planner Kerry Margason, Associate Planner Kelly Gleason, Assistant Planner Callie Ford and Recording Secretary Grace Pucci. PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA Commissioner Fonzi suggested moving Item #2 to the end of the Public Hearings. MOTION: By Commissioner Fonzi and seconded by Commissioner Slane to approve the agenda as amended. Motion passed 5:0 by a roll -call vote. PC Draft Minutes 07/18/06 Page 1 of 9 PUBLIC COMMENT — None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JUNE 20, 2006. Vice Chairperson O'Keefe made a typographical correction to the Motion on Item #2 of the June 20, 2006 Minutes. MOTION: By Commissioner Fonzi and seconded by Commissioner Kelley to approve Item #1 as corrected. Motion passed 4:0 by a roll -call vote. (Beraud abstained) PUBLIC HEARINGS 3. PLN 2099-0449/TTM-2005-0073 Owner: La Tierra Ventures, LLC, 219 S. Halcyon Rd., Arroyo Grande, CA 93420 Project Title: PLN 2099-0449/TTM 2005-0073: La Tierra Condominium Conversion Project 9331 Musselman Dr., Atascadero, CA 93422 Location- (San Luis Obispo County) APN 030-461-042 Project The proposed project consists of an application for a Tentative Tract Map to convert thirty-six (36) Description: existing apartments to condominium airspace units. The underlying lot is approximately two (2) acres with five existing residential two-story buildings. The buildings consist of twenty-four 832 square feet two-bedroom units and twelve 624 square feet one -bedroom units. The proposed plans to update the site to meet condominium standards include the addition of 100 square foot decks to the upstairs units and separate water meters for each unit. Several native live oak trees will remain on the site. General Plan Designation: High Density Residential Zoning District: Residential Multiple -Family — 16 Proposed Categorical Exemption, Class 1 — Exempts the division of existing multiple family residences into Environmental common interest ownership. Determination: Associate Planner Kerry Margason gave the staff report and answered questions of the Commission. A handout including a property condition report and arborist's report was distributed to the Commission. (Exhibit A) PUBLIC COMMENT John Goodell, applicant, addressed several conditions of approval from the staff report and answered questions of the Commission. PC Draft Minutes 07/18/06 Page 2 of 9 Chairperson Beraud closed the Public Comment period. Vice Chairperson O'Keefe stated that the units are small and the condo conversions in the past have been either duplexes or small houses; this is an apartment complex. She cannot make the finding that that this is consistent with the General Plan which states that the city will insure an adequate amount of rental housing exists, and to her this is truly rental housing. Vice Chairperson O'Keefe thinks it is important to hold onto this housing and she cannot approve this project. Commissioner Kelley stated that this applicant is following the rules, met all deadlines and had submitted his application before the moratorium was implemented by the City Council. MOTION: By Commissioner Kelley and seconded by Commissioner Slane to adopt Resolution PC 2006-0067, approving Tentative Tract Map 2005-0073 (Tract 2776), a request to establish thirty- six (36) airspace units on one common lot, and remove Condition No. 46 regarding the separate water meters and retaining only Condition No. 45 where they have to come up with a will serve letter, and Condition No. 15 including repair and replacement of roofs, outdoor condensing units and the cleaning of the air conditioning coils, and Condition No. 44 seal all interior pavement areas, and Condition No. 13 to include a professional landscape plan. Motion failed 2:3 by a roll -call vote. (Fonzi, O'Keefe, Beraud opposed) MOTION: By Commissioner Fonzi and seconded by Vice Chairperson O'Keefe to deny Tentative Tract Map 2005-0073 at 9331 Musselman. Motion passed 3:2 by a roll -call vote. (Kelley, Slane opposed) 4. PLN 2099-0740/TTM-2005-0075 Applicant: Lee and Joy Gustafson 885 Wild Oats Way, Templeton, CA 93465 Project Title: PLN 2099-0740/TTM 2005-0075 Project 5547 Tunitas Ave., Atascadero, CA 93422 Location: (San Luis Obispo County) APN 029-082-013 Project The proposed project consists of a condominium map to create 4 airspace condos on one common lot. Description: The existing site consists of four residential apartment units which are proposed to be converted to condominiums. Two of the units have attached garages and two have detached garages. All units share access from Tunitas Avenue. The project is currently served by City sewer and Atascadero Mutual Water Company. PC Draft Minutes 07/18/06 Page 3 of 9 Associate Planner Kerry Margason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Lee Gustafson, applicant, stated he is in agreement with all the conditions and addressed issues raised by the Commission. Mr. Gustafson answered questions of the Commission. Kim White explained that while the Department of Real Estate does not require formation of a homeowners association, all lenders do. She stated there will be a homeowners association so the project can receive conventional financing. Chairperson Beraud closed the Public Comment period. MOTION: By Commissioner Fonzi and seconded by Vice Chairperson O'Keefe to approve Tentative Tract Map 2005-0075 (Tract 2757), to convert four (4) existing apartments to condominium airspace units over an existing lot of record, and remove the trash enclosures and delete Condition No. 48. Motion passed 5:0 by a roll -call vote. 2. PLN 2006-0110/ZCH 2006-0117, TITLE 9 PLANNING & ZONING TEXT AMENDMENTS Applicant: General Plan Designation: Medium Density Residential Project Title: Zoning District: Residential Multiple -Family —10 Proposed Categorical Exemption, Class 1 — Exempts the division of existing multiple family residences into Environmental common interest ownership. Determination: The project consists of a revision to portions of Title 9 Planning and Zoning, of the Atascadero Associate Planner Kerry Margason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Lee Gustafson, applicant, stated he is in agreement with all the conditions and addressed issues raised by the Commission. Mr. Gustafson answered questions of the Commission. Kim White explained that while the Department of Real Estate does not require formation of a homeowners association, all lenders do. She stated there will be a homeowners association so the project can receive conventional financing. Chairperson Beraud closed the Public Comment period. MOTION: By Commissioner Fonzi and seconded by Vice Chairperson O'Keefe to approve Tentative Tract Map 2005-0075 (Tract 2757), to convert four (4) existing apartments to condominium airspace units over an existing lot of record, and remove the trash enclosures and delete Condition No. 48. Motion passed 5:0 by a roll -call vote. 2. PLN 2006-0110/ZCH 2006-0117, TITLE 9 PLANNING & ZONING TEXT AMENDMENTS Applicant: City of Atascadero, 6907 El Camino Real, Atascadero, CA 93422 Project Title: Zone Change 2006-0117 & PLN 2006-0110, Title 9 Planning & Zoning Text Amendments Project Citywide Location: Project The project consists of a revision to portions of Title 9 Planning and Zoning, of the Atascadero Description: Municipal Code (AMC). The proposed Text Amendments consist of three amendments that encompass the following: 1.) Zone Text Change to include "utility service centers" as a conditional use in the Industrial and Industrial Park Zones (AMC 9-3.303 & 9-3.313) 2.) Sign Ordinance update to elaborate on banner sign standards, include free standing "A -frame" signs, and clarify monument sign height on private commercial properties (AMC 9-15.002, 9-15.003, & 9-15.005) 3.) Text update to exterior lighting standards (AMC 9-4.137) Proposed Based on the initial study prepared for the project, a Negative Declaration is proposed. The proposed Environmental Negative Declaration is available for public review at 6907 El Camino Real, Community Development Determination: Department from 8:00 a.m. to 5:00 p.m., Monday through Friday. PC Draft Minutes 07/18/06 Page 4 of 9 Assistant Planner Callie Ford gave the staff report and answered questions of the Commission. PUBLIC COMMENT (Zone Change) — None Commissioner Kelley suggested that during the application for an encroachment permit the applicant should be asked for an insurance liability rider for any sign placed in the city's right of way. Commissioner Fonzi suggested a clarification of the language on Page 18 "Banners Sign Update" bullet point #1 Time Frame, and #5 Public Info. PUBLIC COMMENT (banner signs, monument signs and freestanding portable a -frame signs) — None PUBLIC COMMENT (exterior lighting standards) — None MOTION: By Commissioner Kelley and seconded by Vice Chairperson O'Keefe to adopt Resolution PC 2006-0057, and PC 2006-0065 recommending that the City Council certify the proposed Mitigated Negative Declaration 2006-0023 and introduce an ordinance for first reading, by title only to approve Zone Change 2006-0117 based on findings and to add on to the Sign Ordinance part that an insurance rider be obtained during the encroachment permit process, and to clarify the language for banner signs and change the maximum height of portable signs to five feet. Motion passed 5:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 5. PRELIMINARY REVIEW, RIDGEWAY COURT PLANNED DEVELOPMENT STUDY SESSION Owners: Jim & Adrienne Beck, 5825 Ridgeway Court, Atascadero, CA 93422 Gary & Mary Tharp, 12250 San Antonio Road, Atascadero, CA 93422 Project Title: Preliminary Review of the Ridgeway Court Planned Development Project 5825 Ridgeway Court, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 029-322-022, 023, 024 Project Staff is requesting Planning Commission direction prior to formal review of the project based on the Description: issues and concerns listed in the Staff Report. PC Draft Minutes 07/18/06 Page 5 of 9 Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. Ex Parte Communications ■ Vice Chairperson O'Keefe stated she met with the applicant and his engineer, and was on the site today and Sunday. In addition she saw the new arborist's report. ■ Chairperson Beraud stated she visited the site and had major concerns about the trees. City Engineer Steve Kahn stated he has concerns with the site drainage—where it would go and how the downstream impacts of the drainage would be handled, and he also is concerned with the site distance if someone pulled out of their garage backwards onto Palma. PUBLIC COMMENT Jim Beck, applicant, stated he was here to listen to concerns and make adjustments to the project. Mr. Beck answered questions of the Commission. Steven Alvarez, arborist, spoke about the trees on the property and the reasons for the removals. Greg Ravat, resident of Rosario, made the following comments: 1) would be in favor of the 5 foot variance in the setback from street to garages, 2) the buildings on Palma work well, if have garages close to street will minimize grading and save trees, 3) concerned with the three houses along Rosario and safety issues with their driveways, and 4) would like to see the houses on Rosario more compatible with the character of the historic district. Mr. Ravat answered questions of the Commission. Nancy Kirby, Rosario resident, asked if there were pictures of the houses facing Rosario and agreed that the houses facing Palma would be a nice addition. Chairperson Beraud closed the Public Comment period. Overall Comments and Concerns: Commissioner Kelley: 1) The applicant has presented nice designs and they are moving in the right direction. 2) His major concern is Palma and parking on the street, traffic and fire safety. He recommends early consultation with the Fire Chief. 3) He has concerns with the site distances coming out of the garages given the high walls. Commission Fonzi: PC Draft Minutes 07/18/06 Page 6 of 9 1) Access onto Rosario; the garages in the front may be a problem as they will necessitate backing out onto a very busy street. 2) If the garages on Palma are moved forward it will help with the parking problem, provided the house can be serviced by the Fire Department. 3) She has problems with the architecture, they are a hodge podge of styles and it is important that the historical look be maintained. 4) Would like to see landscaping plans with trailing vegetation to soften the visual impact of the walls. 5) The garage doors should have some architectural features. 6) Traffic and site distance are a concern. Vice Chairperson O'Keefe: 1) Would like the site distance looked at for the homes on Palma, and to see if the garages can be pulled forward a little to require less grading and preventing people from parking on the sidewalk. 2) Would like to see the architecture more compatible with the existing Colony House. 3) Needs more information on the drainage for the site. 4) Would like to have them look at an internal driveway for the houses on Rosario. 5) Should have the Fire Chief look at any problems on Palma. 6) The existing Colony House should have some deferred maintenance on the outside taken care of. Commissioner Slane: 1) An internal driveway should be looked at. 2) Architecture should be looked at to be compatible with the Colony House. 3) Has no objection to the house coming closer to the street to save trees. Chairperson Beraud: 1) Has a problem with the density along Rosario Avenue; most of the lots along there are larger and she would prefer to see one or two houses there. 2) The architecture is important as this is a historical area. Comments on the Setback Commission is in agreement with the reduction to the setback. Comments on Density Commission is in agreement with the density. Comments on Tree Removals Commissioner O'Keefe: Because there is a new arborist's report, staff should look at this issue further and report back. She would like staff to look at the effects to the tree removals by reducing the density. PC Draft Minutes 07/18/06 Page 7 of 9 Staff will review the arborist's report, work with them to access the health of the trees and will bring back a color coded site plan so the Commission will know what trees are likely to survive and which ones will come out, before this site plan is locked in. The Commission would like to see the most number of trees saved. Comments on Massing and Scale Chairperson Beraud and Commissioners Slane and Kelley: Agreed with staff recommendations. Vice Chairperson O'Keefe: disagreed with designing the roofline so the third floor is smaller, and thinks the 75% less requirement for the third floor is too much of a reduction as the homes are tucked into the hillside. She supports only allowing three story homes on Palma. Commissioner Fonzi: would look better and more compatible to have two story homes on Palma. If there is to be a third floor she would prefer it to be less conspicuous. 6. ANNUAL HOUSING REPORT The State of California requires all cities to file an annual Housing Report to the Department of Housing and Community Development (HCD). The purpose of the Housing Report is to monitor the implementation of the City's General Plan Housing Element and progress toward meeting the City's Regional Housing Needs Allocation (RHNA). Community Development Director Warren Frace gave the report and answered questions of the Commission. PUBLIC COMMENT — None COMMISSIONER COMMENTS AND REPORTS None DIRECTOR'S REPORT Community Development Director Frace distributed two maps to the Commission which will be helpful for project review. He reported that the City Attorney is arranging an ethics training class tentatively scheduled for December 7t" and explained that this PC Draft Minutes 07/18/06 Page 8 of 9 training is mandatory and if a Commissioner can't make the class they must look at another option. City Engineer Steve Kahn reported on the paving job on Curbaril and the possibility of adding pedestrian and bicycle access and stated it would double the cost of the project to add bicycle lanes; however a pedestrian corridor will be added on the southerly side of the project. He also commented that a sidewalk has been installed on EI Camino Real at EI Bordo, and that the city is paving Traffic Way between Chico Road and San Jacinto. Director Frace reviewed the agenda for the next Commission meeting and reported that the City Council is looking at adopting a mandatory construction recycling ordinance as well as updating the city's fee structure. ADJOURNMENT Chairperson Beraud adjourned the meeting at 9:45 p.m. to the next regularly scheduled meeting of the Planning Commission on August 1, 2006. MINUTES PREPARED BY: Grace Pucci, Recording Secretary The following exhibit is available for review in the Community Development Department: Exhibit A — Property Condition Report and Arborist's Report PC Draft Minutes 07/18/06 Page 9 of 9 ITEM NUMBER: 3 DATE: 8/1/06 Planning Commission Staff Report Staff Report - Community Development Department Amendment to Tentative Parcel Map 2004-0067 2455 Monterey Road (Armet) SUBJECT: An amendment to the building envelope on lot 2 of the Tentative Parcel Map, removing a portion of the no build area around the trees to create a reasonably sized building area. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2006-0070 approving an amendment to Tentative Parcel Map 2004-0067, based on findings and subject to conditions of approval. SITUATION AND FACTS: 1. Applicant/Owners: Brian and Emily Armet, 1421 Paloma Place, Arroyo Grande, CA 93420 2. Project Address: 2455 Monterey Road, Atascadero, CA 93422 APN: 049-201-003 3. General Plan Designation: Rural Estates 4. Zoning District: Residential Suburban (2.5-10 acre minimum) 5. Site Area: 5.02 gross acres (lot 2 is 2.52 gross acres) 6. Existing Use: Single Family residence on lot 1 7. Environmental Status: Class 15, Categorical Exemption Section 15315 T:\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0067 2455 Monterey Road\amendment\TPM 2004-0067amendment.PC staff report.cf.doc ITEM NUMBER: 3 DATE: 8/1/06 DISCUSSION: Backqround The property is located in the Residential Suburban (RS) Zone with an existing single- family residence on 5.02 gross acres. The site contains several native oak and fruit trees with an average 5% lot slope. Graves Creek is located to the east of the property. Planning Commission originally approved a two lot subdivision on the property on March 15, 2005. Lot #1 is approved to retain an existing single-family residence on 2.50 gross acres. Lot #2 will be 2.52 gross acres with an open space and public access easement adjoining Graves Creek. Building envelopes were included with the Tentative Parcel Map on both lots. When the application for the lot spilt was originally submitted in November of 2004, the applicant did not have a building location finalized for lot 2. An arborist report was not submitted with the original application. In order to ensure that the trees on site would be protected, staff recommended that the applicant include no build areas around all of the native trees located within the building envelope. The Tentative Parcel Map was approved by Planning Commission for a lot spilt with these no build circles. A separate open space easement along Graves Creek was also approved. Recently, the applicant has submitted for building permits on lot 2. An arborist report has been completed which identifies tree impacts. With the completion of the arborist report and finalized building location, the applicant is now asking for a revised building envelope which would eliminate the no build areas surrounding the native trees. The arborist report has identified the best building location with respect to the native trees on site. Analysis As previously mentioned, the applicant had originally proposed no build areas around all of the native trees with the building envelope on a recommendation from staff. At the time, the applicant was under the impression that staff would be able to do a 10% modification of the building envelope when it came time for building plans. However, due to the way that the map is drawn and the way the conditions have been written, absolutely no building (which includes walkways, driveways, septic, and buildings) may take place within these no build areas. When the applicant began the building permit process, an arborist report was obtained for the building site. The arborist report recommends removal of three small trees located to the right of the garage. These are trees 8, 9, and 10 in the arborist's report (a six inch, a four inch, and one multi trunk tree.) Removing these trees would allow the house to be moved back further to give more room around trees 6 and 7, reducing their impacts. If the 3 trees proposed for removal remain, they will be located too close to the house and may cause problems in the future. T:\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0067 2455 Monterey Road\amendment\TPM 2004-0067amendment.PC staff report.cf.doc Previously Approved Building Envelope for Lot 2 (With no build areas around all native trees) Revised Building Envelope for Lot 2 (Proposed for Amendment) ITEM NUMBER: 3 DATE: 8/1/06 T:\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0067 2455 Monterey Road\amendment\TPM 2004-0067amendment.PC staff report.cf.doc ITEM NUMBER: 3 DATE: 8/1/06 The map, as currently approved, does not allow any leeway for building or removing trees in the no build areas around these trees. Staff has determined that with the completion of the arborist report, and the attempt to minimize tree impacts, the building envelope can be amended to remove these no build areas and create a more clear building envelope. The revised envelope excludes the trees around the perimeter of the property from the envelope. The no build circles located within the previous envelope are removed. The applicant is requesting permission to remove the three small trees identified in the arborist report. Tree number 6, which the applicant would like to save, would befit from the extra space and its impacts would be greatly reduced. The other trees on site will either not be impacted or would have negligible impacts. The septic system is proposed to be located at one of two sites within the building envelope. Care has been taken to avoid the tree driplines with the septic system as well. The applicant's engineer will decide which of these two locations would be best. The final map for the Tentative Parcel Map has not yet been recorded. The amendment would be to the tentative map and would record with the final map. No changes have been made to the Conditions of Approval. Only the location on the building envelope on lot 2 has been altered. General Plan Consistency In accordance with General Plan Policies 6.1.4, 6.1.6, 6.1.7, and 8.3.2, staff has conditioned the project to provide an open space/public access easement adjacent to the Creek Reservation line (condition #7). This open space easement will remain in place with the new building envelope. Environmental Review As proposed, the subdivision qualifies for a Class 15, Categorical Exemption (minor land division) under the provisions of the California Environmental Quality Act (CEQA) Section 15315. CONCLUSION: With the completion of the arborist report and building plans, the amendment to the building envelope would reasonably allow the site to be developed. Staff recommends the Planning Commission approve the Amendment to the Tentative Parcel Map as conditioned. T:\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0067 2455 Monterey Road\amendment\TPM 2004-0067amendment.PC staff report.cf.doc ITEM NUMBER: 3 DATE: 8/1/06 ALTERNATIVES: 1. The Commission may modify 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 to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The Commission should specify the reasons for denial of the project and recommend an associated finding with such action. PREPARED BY: Callie Ford, Assistant Planner ATTACHMENTS: Attachment 1: Location Map (General Plan & Zoning) Attachment 2: Aerial View Attachment 3: Arborist's report Attachment 4: Site photos Attachment 5: Draft Resolution PC 2005-0022 T:\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0067 2455 Monterey Road\amendment\TPM 2004-0067amendment.PC staff report.cf.doc ITEM NUMBER: 3 DATE: 8/1/06 ATTACHMENT 1: Location Map (General Plan / Zoning) TPM 2004-0067 Unclassified Open Space Easement ,, lip Graves Creek Project r I T:\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0067 2455 Monterey Road\amendment\TPM 2004-0067amendment.PC staff report.cf.doc ITEM NUMBER: 3 DATE: 8/1/06 ATTACHMENT 2: Aerial View TPM 2004-0067 Project Site IVY .� Lot 2 ti fib. 4N t,r��' :;'• ` Lot 1 e r Lot 1: Has existing house on site; no changes proposed Lot 2: Vacant lot; amendment to the building envelope proposed T:\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0067 2455 Monterey Road\amendment\TPM 2004-0067amendment.PC staff report.cf.doc ITEM NUMBER: 3 DATE: 8/1/06 ATTACHMENT 3: Arborist's Report TO: BRIAN ARMET CITY OF ATASCADERO — DEPARTMENT OF PLANNING AND BUILDING FROM: JEREMY LOWNEY, ARBORIST SOLID OAK TREE MANAGEMENT RECEIV_._- I FFB DATE: FEBRUARY 20, 2006 uA1A111NffY DEb REGARDING: ARBORIST REPORT / TREE PROTECTION PLAN 2455 MONTEREY ST., ATASCADERO T:\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0067 2455 Monterey Road\amendment\TPM 2004-0067amendment.PC staff report.cf.doc ITEM NUMBER DATE: 8/1/06 Davription: Mr. Armet requested an inspection of the trees located at 2455 Monterey St. in Atascadero. The lot is flat with numerous oaks of all ages and sizes. There are also a number of very old fruit tree including pear and almond. The size of the lot is approximately 5 acres. The building site that Brian has selected suits the home nicely. There are three small trees that are proposed for removal. Included in this document is a detailed spreadsheet that identifies the tree number, and issues related to each tree. The map provided also shows the tree number that correlates to the spreadsheet. This report describes the observations and mitigation measures for the trees located adjacent to the home site. Also, on the following pages are some suggestions to the developer/builder in regards to general tree protection. Observations: 1. The driveway and roundabout fit nicely among the trees, but does not fall within the driplines of the trees. There will be no impacts to trees 1 — 7 from the driveway. 2. 1 suggested giving trees number 6 and 7 more space by moving the home back toward the creek (north). They are very nice trees, and will provide shade for the home on the south/west facing side. 3. Trees number 8, 9, and 10 ought to be removed to accommodate space for the home. Saving the trees would only cause future root and canopy problems due to the close proximity to the house. 4. Tree number 11 is a very nice Quercus agrifolia sapling that will become a very nice back yard tree in the future for this young family. It is in the perfect location for the home and yard. 5. Trees number 12 and 13 will not be impacted. T:\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0067 2455 Monterey Road\amendment\TPM 2004-0067amendment.PC staff report.cf.doc ITEM NUMBER DATE: 8/1/06 Mitigations: Tree Removal Three small trees located to the right of the garage ought to be removed to accommodate the moving of the house a bit further toward the creek so that trees number 6 and 7 will have more growing space. Replanting with native Coast Live Oak is suggested. High Impact 20 — 30% Tree number 6 will have high impacts. This means that 20 — 30% of the root system will be impacted by root cutting during excavation or compaction from equipment. It will also require tree pruning. In order to mitigate this impact, it is necessary for an arborist to be on site during the excavation near this tree. Root cutting will need to be properly identified and treated. Construction fencing should be installed as close to the footing or dripline as possible. It should be sturdy material that is not removed during the construction process. Also, I highly recommend that 2x4 lumber be placed vertically around the trunk of the tree, wrapped with chain link fence in order to protect the trunk of the tree from mechanical damage, or from construction materials. It is the owner's responsibility to contact the arborist for this inspection. Little to No Impact 0 —10 % Tree numbers 4 and 5 will be slightly impacted, but may be too small to be considered. The impacts are minimal. They will simply be to accommodate the installation of pathways. These pathways can be made of pervious materials that will improve the conditions within the root zone. No Impacts All the other trees besides those mentioned will not have any construction within the driplines of the trees. Protective construction fencing is to be installed at the driplines of these trees to prohibit people, machinery, materials, and vehicles from entering those areas. Spaces should be designated for parking cars, dropping materials, and storing equipment. T:\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0067 2455 Monterey Road\amendment\TPM 2004-0067amendment.PC staff report.cf.doc ITEM NUMBER DATE: 8/1/06 T:\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0067 2455 Monterey Road\amendment\TPM 2004-0067amendment.PC staff report.cf.doc ITEM NUMBER DATE: &1%e M 2 .$ \ \{Ck kOC�� &�2 fE «§;g ,.-309 kg£\ 5 cEL E [O@k■! ■E a) IV §+\ffk T»TPU - Tentative ar l Ma m\TP Noor U mo4m67 247 Mon ma a eame JP9 mo4m67 _eame fcs # r o J+e % 2 B 2C 15 15 ti {§{2f `G 2■ »7§§=0-`-% mE X22§§ as �«f;.■oe , zz 2;■2 2® ="00. mOSEW \�° § -00Z aS8�® eeet 2 \ 0 �izzzzz»zzzzzzz )W 0 2 § Iff f| .9 G fk j0_fff �o.,.m M2 c��aaa «-• ®tm tm°))t(«k§kkk{k/ CL �eaa2zadzee �Sit`&E , ��M`00 k$$ k) VVI )£� � 0 ■ § � uZ | --- �£EkJkt�ft/jE)kk z $ irww < J mJ § a )-■«K��\)��Ebob k;m C mW0: § 7a;2a)maia2atD 00=====____X:___ u ��7R$��Me�/�7� 3 ;{"-0 ai§§§)2] �.mm m.,m.m „� ,..e_�.....__- �0)4)4, §d|JJJ§ 00o4J44GoGo4� ITEM NUMBER DATE: &1%e M 2 .$ \ \{Ck kOC�� &�2 fE «§;g ,.-309 kg£\ 5 cEL E [O@k■! ■E a) IV §+\ffk T»TPU - Tentative ar l Ma m\TP Noor U mo4m67 247 Mon ma a eame JP9 mo4m67 _eame fcs # r o J+e ITEM NUMBER DATE: 8/1/06 GENERAL TREE PROTECTION RECOMMENDATIONS: Avoidance of Mechanical Damage 1. Fence off root zones 6 feet away from the base for trees 10 inches or less in diameter, and 8 feet away for trees over 11 inches in diameter, or to edge of dripline wherever possible. Root Cutting 2. Retaining walls / borders should be dug by hand where possible, and installed carefully to avoid damage to roots. 3. If possible, do trenching during dormant periods (winter) while trees are less active. 4. When cutting roots over 1" in diameter, cut them cleanly with a hand saw or sawzall, and not ripping or tearing them. Wherever possible, dig them out by hand and keep them wet while uncovered, then quickly cover after root pruning. This will help promote the healing process and close wounds quicker to avoid harmful fungus and insects. Wound dressings may be helpful to avoid fungal infection. 5. Keep soil away from root systems in fill areas by using retaining walls. In cut areas install retaining walls to retain soil around the root ball. Soil Compaction 6. Delineate places for equipment, supplies, etc. to be stored, piled, or parked away from tree drip lines. 7. Excess soil and rock should be disposed outside of rooted areas. Never add fill over root systems of oaks. Tree Pruning and Removal 8. Pruning of fringe trees should be done by a licensed certified arborist. Suggested pruning: deadwood and hazard limb removal only. Leave the trees as natural as possible. Pruning cuts should be made outside the branch bark collar to promote T:\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0067 2455 Monterey Road\amendment\TPM 2004-0067amendment.PC staff report.cf.doc ITEM NUMBER DATE: 8/1/06 quick healing of cuts. 9. Prune trees to compensate for root loss as needed. Additional water may also be necessary for heavily impacted trees. 10. Trees in cut areas should be removed if more than 40% of the root ball will be disturbed. This is also for safety because of less anchoring of the tree. Suggestions to Developer Tree Protection Plan Listed below are six recommendations that will help in avoiding damage to the oaks on this property. Oaks are fragile and react to significant alteration in their root systems such as changes in soil levels or alteration of water availability. Changes to soil levels alter available oxygen intake through the soil. Soil compaction also effects oxygen and water availability. Damage to roots can cause root rot fungus infection, and heart rot. The main root structure of oaks lies within the area under the crown or drip -line, however, the feeder roots often extend further away from the drip -line. Leaning oaks will have displaced root systems and tend toward the uphill side of the tree. Please see attached fliers for more information regarding development around oaks. Recommendations: 1. Fence off trees to avoid damage to roots and trunk. Fences should be sturdy and visible, and extend away from the trunk at least 4 feet, or to the dripline wherever possible. 2. Delineate places for equipment, supplies, etc. to be stored, piled, or parked away from tree root systems. 3. If possible, do trenching during dormant periods (winter) while trees are less active. 4. When cutting roots, cut them cleanly, not ripping or tearing them, to encourage the healing process. A hand saw, or reciprocating saw works well. 5. Never remove or add topsoil within the root zones of oaks whenever possible. 6. Do not pile dirt against the trunks of any trees. This will kill the tree. T:\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0067 2455 Monterey Road\amendment\TPM 2004-0067amendment.PC staff report.cf.doc ITEM NUMBER: 3 DATE: 8/1/06 ATTACHMENT 4: Site Photos Proposed building site/ View from Campo Road Open space easement at the back of the lot (Dense oak trees here) T:\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0067 2455 Monterey Road\amendment\TPM 2004-0067amendment.PC staff report.cf.doc ITEM NUMBER: 3 DATE: 8/1/06 ATTACHMENT 5: Draft Resolution PC 2006-0070 TPM 2004-0067 2455 Monterey Road DRAFT RESOLUTION PC 2006-0070 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING AN AMENDMENT TO TENTATIVE PARCEL MAP 2004-00679 A TWO LOT SUBDIVISION LOCATED AT 2455 MONTEREY ROAD, APN 049-201-003 (2455 Monterey Road/Armet) WHEREAS, an application was received from Brian and Emily Armet, 1421 Paloma Place, Arroyo Grande, CA 93420, owner and applicant, to consider an amendment to the building envelope on lot 2 in a two lot subdivision on a 5.02 gross acre lot located at 2455 Monterey Road (APN 049-201-003); and, WHEREAS, the site's General Plan Designation is Rural Estates (RE); and, WHEREAS, the site's Zoning District is Residential Suburban (RS); and, WHEREAS, a Categorical Exemption (Class 15) was prepared for the project in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, a timely and properly noticed Public Hearing upon the subject tentative parcel map application was held by the Planning Commission of the City of Atascadero, at which hearing evidence, both oral and documentary, was admitted on behalf of said project; and, WHEREAS, the Planning Commission or the City of Atascadero, at a duly notice public hearing held on August 1, 2006, studied and considered the Amendment to Tentative Parcel Map 2004-0067, after first studying and considering the Categorical Exemption prepared for the project; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findinsts for Approval of Amendment to Tentative Parcel Map 2004- 0067. The Planning Commission finds as follows: 1. The proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements. T:\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0067 2455 Monterey Road\amendment\TPM 2004-0067amendment.PC staff report.cf.doc ITEM NUMBER: 3 DATE: 8/1/06 2. The design and improvement of the proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements. 3. The site is physically suitable for the density of development proposed. 4. The design and improvement of the proposed map will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 5. The map is consistent with the character of the immediate neighborhood. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on March 15, 2005, resolved to approve the Amendment to the Building envelope on lot 2 of Tentative Parcel Map 2004-0067 (AT 04-0571) subject to the following: 1. EXHIBIT A: CEQA Exemption 2. EXHIBIT B: Conditions of Approval 3. EXHIBIT C: Previously approved Tentative Parcel Map 4. EXHIBIT D: Revised Tentative Parcel Map 2004-0067 (AT 04-0571) 5. EXHIBIT E: Tentative Parcel map with building site and septic overlay 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: ( ) ABSTAINED: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary T:\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0067 2455 Monterey Road\amendment\TPM 2004-0067amendment.PC staff report.cf.doc ITEM NUMBER: 3 DATE: 8/1/06 EXHIBIT A: Proposed Categorical Exemption TPM 2004-0067 Finding o f Exempt ion TO: ® File Date Received for Filing FROM: City of Atascadero 6905 El Camino Real Suite 6 Atascadero, CA 93422 SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Cod Project Title TENTATIVE PARCEL MAP 2004-0067. BRIANAND EMILYARMET Project Location (Include County) 2455 Monterrey Road Atascadero, California 93422 (San Luis Obispo County) Project Description The project will establish two (2) residential lots containing 2.5 and 2.52 gross acres in the Residential Suburban zone. Name of Public AgencyApproving Project City of Atascadero Name of Person or Agency Carrying Out Project Brian and Emily Armet 1421 Paloma Place Arroyo Grande, CA 93420 Exempt Status: ❑ Ministerial (Sec. 21080 (b)(1); 15268) ❑ Declared Emergency (Sec. 21080(b)(3); 15269(a)) ❑ Emergency Project (Sec.21080 (b)(4); 15269(b)(c)) ® Categorical Exemption (Sec. 15315, Minor Land Divisions) Reasons why project is exempt: Class 15 of the California Environmental Quality Act (CEQA) (Section 15315) exempts the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent. Date: March 1, 2005 Lisa Wilkinson Assistant Planner T:\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0067 2455 Monterey Road\amendment\TPM 2004-0067amendment.PC staff report.cf.doc ITEM NUMBER DATE: 8/11/06 EXHIBIT B: Conditions of Approval / Mitigation Monitoring TPM 2004-0067 Conditions of Approval Timing Responsibility Mitigation TPM 2004-0067 /Monitoring Measure PS: Planning Services Address: 2455 Monterey Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Standard Planning Conditions 1. The approval of this application shall become final, subject to FM PS the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Parcel Map shall be valid for two FM PS years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the FM PS authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Parcel Map. 4. A parcel map drawn in substantial conformance with the FM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 5. The subdivider shall defend, indemnify, and hold harmless Ongoing CA 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 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. An open space and public access easement shall be FM PS recorded concurrently with the final map. The location of the easement shall be consistent with Exhibit C. 8. Future utilities to the new lot will be placed underground and BP PS located within the driveway area to reduce any potential impacts to native vegetation. T:\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0067 2455 Monterey Road\amendment\TPM 2004-0067amendment.PC staff report.cf.doc ITEM NUMBER DATE: 8/1/06 Conditions of Approval Timing Responsibility Mitigation TPM 2004-0067 /Monitoring Measure PS: Planning Services Address: 2455 Monterey Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 9. The existing shed on Parcel #2 will be demolished prior to FM PS/BS recordation of final map. City Engineer Standard Conditions 10. All public improvements shall be constructed in conformance FM PW with the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 11. In the event that the applicant is allowed to bond for the FM PW public 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 FM PW for review and approval by the City Engineer to determine the amount of the bond. 13. The Subdivision Improvement Agreement shall record FM PW concurrently with the Final Map. 14. An encroachment permit shall be obtained prior to the BP PW issuance of building permit. 15. The applicant shall be responsible for the relocation and/or BP PW alteration of existing utilities. 16. The applicant shall install all new utilities (water, gas, BP PW electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 17. The applicant shall monument all property corners for FM PW construction control and shall promptly replace them if disturbed. 18. The applicant shall acquire title interest in any off-site land FM PW that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 19. Slope easements shall be provided as needed to FM PW accommodate cut of fill slopes. 20. Drainage easements shall be provided as needed to FM PW accommodate both public and private drainage facilities. T:\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0067 2455 Monterey Road\amendment\TPM 2004-0067amendment.PC staff report.cf.doc ITEM NUMBER DATE: 8/11/06 Conditions of Approval Timing Responsibility Mitigation TPM 2004-0067 /Monitoring Measure PS: Planning Services Address: 2455 Monterey Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 21. A preliminary subdivision guarantee shall be submitted for FM PW review in conjunction with the processing of the parcel map. 22. All existing and proposed utility, pipeline, open space, or FM PW other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 23. The final map shall be signed by the City Engineer prior to FM PW the map being placed on the agenda for City Council acceptance. 24. Prior to recording the parcel map, the applicant shall submit FM PW a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 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 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 FM PW the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 29. Upon recording the final map, the applicant shall provide the FM PW City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 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 T:\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0067 2455 Monterey Road\amendment\TPM 2004-0067amendment.PC staff report.cf.doc ITEM NUMBER DATE: 8/11/06 Conditions of Approval Timing Responsibility Mitigation TPM 2004-0067 /Monitoring Measure PS: Planning Services Address: 2455 Monterey Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy compliance with the approved plans. 31. Prior to the final inspection, the applicant shall submit a BP PW written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. City Engineer Project Conditions 32. Applicant shall slurry seal Campo Road along the entire FM PW property frontage. All pavement markings (STOP Legend and bar) shall be removed and replaced with slurry seal. Atascadero Mutual Water Company Project Conditions 33. Before recordation of the final map, the applicant shall FM AMWC submit plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All new water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross -connection devices shall conform to AWWA and California Department of Health Services standards. 34. Before the start of construction on the water system BP AMWC improvements, the applicant shall pay all installation and connection fees required by AMWC. 35. Before issuance of building permits, the applicant shall FM AMWC obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. 36. Separate water meters for domestic water service are BP AMWC required for each individual lot created by the subdivision. 37. The applicant shall provide the AMWC with easements for FM AMWC 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. T:\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0067 2455 Monterey Road\amendment\TPM 2004-0067amendment.PC staff report.cf.doc ITEM NUMBER: 3 DATE: 8/1/06 EXHIBIT C: Previously Approved Tentative Parcel Map AT 04-0571 TPM 2004-0067 (Includes no build area around every native tree on site) r 35'-0" Open Space and Public Access Easement. Building Envelope No build areas within envelope Id's c °id III fill �pr..roee.®er li 1 itliT}� 6- loll /k -�— I � !� I lc Its T:\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0067 2455 Monterey Road\amendment\TPM 2004-0067amendment.PC staff report.cf.doc EXHIBIT D: Revised Tentative Parcel Map AT 04-0571 TPM 2004-0067 (Includes new building envelope) ITEM NUMBER: 3 DATE: 8/1/06 a 35-0" Open Space and Public Access Easement. a@a@i�Pm Revised Building Envelope 11 h 16 T:\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0067 2455 Monterey Road\amendment\TPM 2004-0067amendment.PC staff report.cf.doc e e� Ig 119 #os s aes a 35-0" Open Space and Public Access Easement. a@a@i�Pm Revised Building Envelope 11 h 16 T:\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0067 2455 Monterey Road\amendment\TPM 2004-0067amendment.PC staff report.cf.doc ITEM NUMBER: 3 DATE: 8/1/06 EXHIBIT E: Revised Tentative Parcel Map with Building Site overlay TPM 2004-0067 (Includes 2 possible locations for septic and new building footprint 1W •i J i� Trees proposed for removal �I3�z ;<�-azz�ygyq66 �bG9�i IV I11% IV T:\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0067 2455 Monterey Road\amendment\TPM 2004-0067amendment.PC staff report.cf.doc ITEM NUMBER: 4 DATE: 08/01/06 Planning Commission Staff Report Director's Report Native Tree Status TTM 2002-0021 9500 & 9550 Las Lomas Ave. (Westland Engineering, Inc./Barnhard) SUBJECT: Status of Native Trees for Tentative Tract Map TTM 2002-0021. RECOMMENDATION: Staff Recommends: The Planning Commission receives and files the attached Native Tree Protection Plan Status Report. SITUATION AND FACTS: 1. Applicant: Westland Engineering, Inc., 3480 South Higuera Ste. #130, San Luis Obispo, CA 93401 Owner: Bruce & Kristi Barnhard, 10417 Claridge Ct. Bakersfield, CA 93311 2. Project Address: 9500 & 9500 Las Lomas Ave. Atascadero, CA 93422, APN: 030-481-005, 006 3. General Plan Designation: High Density Residential (HDR) 4. Zoning District: Residential Multi -Family PD -18 (RMF -16) 5. Site Area: 2.94 acres (Combined) 6. Existing Use: Vacant Land 7. Environmental Status: Class 3(b) Categorical Exemption \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 02\TTM 2002-0021 9500 Las Lomas\Tree Status Report\TTM 2002-0021.PC Tree Status Report.km.doc ITEM NUMBER: 4 DATE: 08/01/06 DISCUSSION: Background: On May 2, 2006, the Planning Commission directed staff to obtain an update on the native tree protection plan for this project. The arborist of record, Elder and Elder, Ltd. has submitted the attached report for your review and comment. Analysis: The arborist has indicated that tree protection on this site has been minimal to date and has recommended the following mitigation: 1. Re -installation of all protective tree fencing. 2. Covering any and all exposed tree roots. 3. On-going monitoring. In addition, as noted in the Tree Report, the arborist makes notes, comments and suggests specific mitigation measures for trees that have been impacted by the onsite grading. CONCLUSION: This report has been obtained from the arborist, through the project applicant. To date, staff has not received confirmation from the arborist that the recommended mitigation measures have been implemented. The arborist is scheduled to make a site visit on July 25, 2006 and provide staff with a verbal update. Staff will also make a site visit on Monday, July 31, 2006. PREPARED BY: Kerry Margason, Associate Planner ATTACHMENTS: Attachment 1 -- Location Map (General Plan & Zoning) Attachment 2 — Native Tree Status Report (as a separate document) \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 02\TTM 2002-0021 9500 Las Lomas\Tree Status Report\TTM 2002-0021.PC Tree Status Report.km.doc ITEM NUMBER: 4 DATE: 08/01/06 ATTACHMENT 1: Location Map (General Plan / Zoning) TTM 2002-0021 9500 & 9550 Las Lomas Ave. Zoning District: Residential Multi Family (RMF -16) Land Use Designation: High Density Residential (HDR) \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 02\TTM 2002-0021 9500 Las Lomas\Tree Stat 2002-0021.PC Tree Status Report.km.doc