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HomeMy WebLinkAboutPC_2006-10-17_AgendaPacketCALL TO ORDER CITY OF ATASCADERO PLANNING COMMISSION A GENDA Regular Meeting Tuesday, October 17, 2006 — 7:00 P.M. Pledge of Allegiance City Hall Council Chambers 6907 E1 Camino Real Atascadero, California Prior to a project P ening Commission Members must disclose any communications they have had o judicial agenda items. This includes, but is not limited to, tentative subdivisionel maps, variances, conditional use permits, and planned development permits. not disqualify the Planning Commission Member from participating and voting e er, but gives the public and applicant an opportunity to comment on the ex (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 (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 RE MEETING ON OCTOBER 3, 2006. COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS (For each of the following items, the public will be given an opportunity to speak. After a hearing and invite the applicant or applicant's representative to make any comments. Me testimony to the Commission following the applicant. Speakers should state their na Commission for five minutes. After all public comments have been received, the u h will discuss the item and take appropriate action(s).) 2. 8315 MORRO ROAD TRACT MAP PLN6- hair will open the public e blic will be invited to provide r the record and can address the ill be closed, and the Commission 0 Owner & Kelly Gearhart, Morro Road Homes, lcantara Ave., Atascadero, CA 93422 Applicant: Project Title: PLN 2006-1115/TTM 2006 - Project 8315 Morro Road, Ata 3422 Location: (San Luis Obispo Co ) 0 1-242-012 Project The project con ' o osed condominium map to create seven (7) airspace units on Description: one commo Th o 's currently under construction. General es a ton: General Commercial (GC) Zonin i is Commercial Professional (CP) Proposed with previously certified Mitigated Negative Declaration 2004-0015. Environmen ( 04-0013) Determin 3. TIME EXTENSIONS, 9300 PING SOLO & 9105 PRINCIPAL Owner: Principle Partners, 805 Aerovista Pl., Ste. 202, SLO, CA 93401 Applicant: Wallace Group, 4115 Broad St., Ste. B-5, SLO, CA 93401 Project Title: PLN 2099-0995/TTM 05-0068 and PLN 2099-0989/TTM 03-0044 Project 9300 Pino Solo, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 030-491-001, 013, 015, 016, 017, 018 Project 9105 Principal Ave., Atascadero, CA 93422 Description:for (San Luis Obispo County) APN 030-491-001, 013, 015, 016, 017, 018 Project The project consists of a one-year time extension for Tentative Tract a 20 - and Description: TTM 03-0044. General Plan Designation: General Commercial (GC) P o d Zoning District: Medium Density Residential (MDR) Proposed Class 3(b) Categorical Exemption. Environmental Determination: 11 Owner: Donald Lampman, 9126 Sa d, Atascadero, CA 93422 Applicant: Tricia Knight, Sprint, Ave., Pismo Beach, CA 93449 Project Title: PLN 2006-1149/ m o CUP 98-002 Project 9126 San Di a A ascadero, CA 93422 Location: (San Lui isp ty) APN 045-341-003 Project ists of an amendment to CUP 1998-002, an existing unmanned cell site. Description:for two new equipment cabinets to be located in existing fence area, and new located on existing monopole. ronl esignation: Rural Estates (RE) t: Residential Suburban (RS) P o d ntal Negative Declaration prepared for original CUP (dated December 17, 1998) D nation: COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on November 7, 2006 , Council Chambers, 6907 El Camino Real, Atascadero. City ofAtascadero 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 h Agenda are on file in the office of the Community Development Department and are available f inspection during City Hall Annex business hours at the Community Development counter a o website, www.atascadero.org. An agenda packet is also available for public review at the aero Library, 6850 Morro Road. All documents submitted by the public during Commission tin are either read into the record or referred to in their statement will be noted in the minute vai le for review in the Community Development Department. In compliance with the Americans with Disabilities Act, if you need special a i an participate in a City meeting or other services offered by this City, please contact th Ci er's Office, (805) 461-5000, or the City Clerk's Office, (805) 461-5000. Notification at leas 8 ur p 'or to the meeting or time when services are needed will assist the City staff in assuring th a 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 subject, staff will give their report, and the Commissio announce when the public comment period is ope Commission regarding the matter being consider against, or comment in any way: • You must approach the podium • Give your name and address n • Make your statement • All comments should be t h Chairperson and Commission (unless changed by the Commission) time until everyone wishing to speak has had an opportunity k more than twice on any item. t a n . The Chairperson will identify the ill k stions of staff. The Chairperson will ill quest anyone interested to address the to the podium. If you wish to speak for, ized by the Chairperson • All comments limited • No one may spea to do so, and no o e If you wish to use a c esentation to support your comments, you must notify the Community Development Depa n I t 24 hours prior to the meeting. Access to hook up your laptop to the City's projector wi v You are required to submit to the Recording Secretary a printed copy of your present record. Please check in with the Chairperson before the meeting begins to announce yo e n and turn in the printed copy. The Ch so i I announce when the public comment period is closed, and thereafter, no further publi o ill be heard by the Council. ON SUBJECTS NOT LISTED ON THE AGENDA 'Agenda item, "PUBLIC HEARINGS", the Chairperson will call for anyone from the audience having b i ess 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: 10-17-06 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, October 3, 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 and Chairperson Beraud Absent: Commissioner Jones and Vice Chairperson O'Keefe Others Present: Recording Secretary Grace Pucci Staff Present: Community Development Director Warren Frace, and Deputy Community Development Director Steve McHarris. PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA MOTION: By Commissioner Fonzi and seconded by Commissioner Porter to approve the agenda. Motion passed 5:0 by a roll -call vote. Community Development Director Warren Frace announced that Commissioner Jones had submitted a letter of resignation from the Planning Commission. PC Draft Minutes 10/03/06 Page 1 of 4 PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON SEPTEMBER 19, 2006. MOTION: By Commissioner Porter and seconded by Commissioner Kelley to approve Item #1. Motion passed 4:0 by a roll -call vote. (Slane abstained) COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS 2. 8100 SAN RAFAEL ACCESSORY STRUCTURE (PLN 2006-1159) Owner: Raymond Gordon, P O Box 1078, Atascadero, CA 93423 Project Title: PLN 2006-1159 / CUP 2006-0197, 8100 San Rafael Accessory Structure Project 8100 San Rafael Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 054-231-019 Project The project consists of a request to convert an existing accessory structure into a studio, Description: exceeding 450 sq. ft. by installing HVAC (heating, ventilation, & air conditioning) to the already built structure. General Plan Designation: Rural Estates (RE) Zoning District: Residential Suburban Proposed Class 1, Categorical Exemption 15301, existing facility. Environmental Determination: Ex Parte Communications ■ Chairperson Beraud stated she had spoken briefly with the applicants before the meeting. ■ Commissioner Kelley stated he went to the site and had a conversation with the applicants. ■ Commissioner Porter stated he had a conversation with the applicants before the meeting. PC Draft Minutes 10/03/06 Page 2 of 4 Deputy Community Development Director Steve McHarris gave the staff report and answered questions of the Commission. PUBLIC COMMENT Ray Gordon, applicant, explained the reasons for his request. Chairperson Beraud closed the Public Comment period. MOTION: By Commissioner Kelley and seconded by Commissioner Porter to adopt Resolution PC 2006-0084 to approve Conditional Use Permit 2006-0197 based on findings and subject to conditions of approval and with the addition of Item #9 amended as follows: The project shall have no kitchens. no cooking facilities. andlor no bathing fa-Gi1ifi %_ The evlc4lniv showeshow all he removed satisfaction of the Community r {�IfV�A[TJTLT�i GTG'TVrGTfV Development Department Director; and with the addition of Condition #1: The structure shall not be used for ani residential purposes. Motion passed 5:0 by a roll -call vote. COMMISSIONER COMMENTS AND REPORTS Chairperson Beraud referred to a suggestion made by Commissioner Kelley regarding the last agenda item and commented that the Commission shouldn't make the system any easier to bypass the regulations of state law, she stated a CUP protects the neighborhood from future owners who may want to convert this type of use to a second unit, which is not allowed. Commissioner Kelley remarked that it cost the applicant for the previous item close to $1,000 to come before the Commission, and because it did not take long for the Commission to make a decision, the process should be streamlined. Commissioner Fonzi suggested a separate classification defined differently, i.e. a "workspace" which would have different qualifications and requirements. Commissioner Porter commented that there will be more of this type of request as people start working from home, and because people move here for retirement and want workshops at their home. DIRECTOR'S REPORT Community Development Director Warren Frace, read Commissioner Jones letter of resignation to the Commission. Director Frace reviewed the meeting dates for PC Draft Minutes 10/03/06 Page 3 of 4 December and January and the Commission decided to hold the December 19th meeting and cancel the January 2nd meeting. Director Frace reminded the Commission that Ethics training has been scheduled for December 7th, and answered questions of the Commission. ADJOURNMENT Chairperson Beraud adjourned the meeting at 7:28 p.m. to the next regularly scheduled meeting of the Planning Commission on October 17, 2006. MINUTES PREPARED BY: Grace Pucci, Recording Secretary \\Cityhall\cdvipmnt\-- PC Minutes\PC Minutes 06\PC Draft Minutes 10-3-06.gp.doc PC Draft Minutes 10/03/06 Page 4 of 4 ITEM NUMBER: 2 DATE: 10-17-06 Atascadero Planning Commission Staff Report — Community Development Department PLN 2006-1115/Tentative Tract Map 2006-0087 (TR 2840) 8315 Morro Road Condominium Map Amendment (Gearhart) SUBJECT: The project consists of a proposed Mixed Use Condominium Map to create seven (7) airspace units on one legal lot of record, 3 residential units, 3 commercial units, and 1 mixed-use unit all on one common lot. The lot is currently under construction. RECOMMENDATION: Planning Commission adopt Resolution PC 2006-0089 approving Tentative Tract Map 2006-0087 Amendment, to establish seven (7) airspace units on one legal lot of record, 3 residential units, 3 commercial units, and 1 mixed-use unit all on one common lot, based on findings and subject to conditions of approval. SITUATION AND FACTS: 1. Applicant/Owners: Kelly Gearhart, 6205 Alcantara Ave, Atascadero, CA 93422 2. Project Address: 8315 Morro Rd, Atascadero, CA 93422 APN: 031-242-012 3. General Plan Designation: General Commercial 4. Zoning District: CP (Commercial Professional) 5. Site Area: .24 acre 6. Existing Use: under construction with a mixed-use project 7. Environmental Status: Consistent with previously Certified Mitigated Negative Declaration ITEM NUMBER: 2 DATE: 10-17-06 DISCUSSION: Background: The property is located on the south side of Morro Road. The project, currently under construction, was approved in 2006 and included 3 residential units and commercial office space. The proposed project will create airspace condominiums for both the residential and commercial portions of the project. One of the proposed condominium units will include both commercial and residential uses. City sewer serves the property, and water is available from the Atascadero Mutual Water Company. Due to a misunderstanding between staff and the applicant, the project was presented at the September 5, 2006 Planning Commission meeting with a proposal for 5 airspace units. The applicant is requesting seven airspace units. The error was not caught prior to the motion on September 5, 2006, thus, the project has been brought back before you tonight to approve the seven airspace units originally intended. Analysis: The proposed map will create seven (7) airspace units on one legal lot of record, 3 residential units, 3 commercial units, and 1 mixed-use unit all on one common lot. The subdivision is consistent with the General Plan Land Use Designations and Zoning regulations. The site was reviewed during the approval process and meets all requirements of the Zoning Ordinance and approved Master Plan of Development. Environmental Review: ITEM NUMBER: 2 DATE: 10-17-06 As proposed, the project is consistent with the previously Certified Mitigated Negative Declaration for the project. CONCLUSION: The proposed condominium map, as conditioned, is consistent with the General Plan, the Zoning Ordinance, the adopted Master Plan of Development, and the airspace configurations are consistent with the requirements of the Subdivision Ordinance. Staff recommends the Planning Commission approve the Tentative Tract Map as conditioned. ALTERNATIVES: 1. The Commission may approve the map with modified project conditions. 2. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. 3. The Commission may deny the map if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1 -- Location Map (General Plan & Zoning) Attachment 2 -- Draft Resolution PC 2006-0089 ITEM NUMBER DATE: 10-17-06 ATTACHMENT 1: Location Map (General Plan / Zoning) PLN 2006-1115/TTM 2006-0087 amendment 8315 Morro Rd Zone: Commercial Professional Land Use Designation: General Commercial ITEM NUMBER: 2 DATE: 10-17-06 ATTACHMENT 2: Draft Resolution PC 2006-0080 PLN 2006-1115/TTM 2006-0087 amendment 8315 Morro Rd DRAFT RESOLUTION PC 2006-0089 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO TENTATIVE TRACT MAP 2006-0087 (PLN 2006-1115), ESTABLISHING SEVEN AIRSPACE UNITS ON ONE COMMON LOT AT 8315 MORRO RD APN 031-242-012 (GEARHART) WHEREAS, an application was received from Kelly Gearhart, 6205 Alcantara Ave, Atascadero, CA 93422 (Owner/Applicant), to consider a Tentative Tract Map to establish five (5) airspace units on one common lot at 8315 Morro Rd (APN 031-242-012); and, WHEREAS, the site's current General Plan Designation is General Commercial / High Density Residential; and, WHEREAS, the site's current zoning district is Residential Multi -Family -16 / Commercial Professional; and, WHEREAS, the proposed condominium map is consistent with previously certified Mitigated Negative Declaration 2004-0015; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Tract Map amendment application was held by the Planning Commission of the City of Atascadero on October 17, 2006, at which both oral and documentary evidence was admitted on behalf of said project; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for approval of Tentative Tract (Condominium) Map. The Planning Commission finds as follows: 1. The proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements; and, 2. The design and improvement of the proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements; and, 3. The site is physically suitable for the density of development proposed; and, ITEM NUMBER: 2 DATE: 10-17-06 4. The design and improvement of the proposed map will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat; and, 5. The map is consistent with the character of the immediate neighborhood; and, 6. The design of the condominium map will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided; and, 7. The proposed condominium map design and type of improvements proposed will not cause serious public health problems. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on October 17, 2006 resolved to approve Tentative Tract Map 2006- 0087 amendment subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Tentative Tract Map 2006-0087 (TR 2840) 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 M. Frace Planning Commission Secretary ITEM NUMBER DATE: 10-17-06 EXHIBIT A: Conditions of Approval / Mitigation Monitoring PLN 2006-1115/TTM 2006-0087 Conditions Of Approval Timing Responsibilit Mitigation PLN 2006-1115/TTM 2006-0087 y /Monitoring Measure PS: Planning Services Address: 8315 Morro Rd BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer T0: Temporary Occupancy WW: Wastewater FO: Final Occupancy CA: City Attorney 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. The approval of this map shall be for 7 airspace condominium units: 3 residential units, 3 commercial units, and 1 mixed-use unit. 3. Approval of this Tentative Tract Map shall be valid for two FM PS years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 4. The Community Development Department shall have the FM PS authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Tract Map. 5. A tract map drawn in substantial conformance with the FM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 6. The subdivider shall defend, indemnify, and hold harmless the Ongoing CA City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 7. The tract map shall be subject to additional fees for park or FM PS recreation purposes (QUIMBY Act) as required by City Ordinance. 8. Prior to final map, the applicant shall submit CC&Rs for review FM PS/PW and approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a. Exclusive use easements for private yard areas. ITEM NUMBER DATE: 10-17-06 Conditions of Approval Timing Responsibilit Mitigation PLN 2006-1115/TTM 2006-0087 y /Monitoring Measure PS: Planning Services Address: 8315 Morro Rd 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 Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney b. Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping. C. Provisions for financing maintenance and upkeep of all common areas. d. A detailed list of each individual homeowners' / Commercial space owners' responsibilities for maintenance of the individual units. e. Individual unit's responsibility for keeping all trash receptacles within the unit's garage and/or designated receptacles. f. A provision requiring that individual residential garages be maintained for vehicle parking. g. A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. 9. Prior to recordation of the final map, the applicant shall submit FM PS/PW a condominium plan for recording concurrently with the final map. The condo plan shall depict airspace condominium units that may extend above the ground plane but not below. A qualified licensed professional shall prepare the final map and the condominium plan. City Engineer Project Conditions 1. Final Map to reflect a 4' pedestrian access easement FM CE behind the driveway apron on Morro Road. 2. Final map to show a 3' offer of dedication across the FM CE Amapoa Avenue frontage. City Engineer Standard Conditions 3. A preliminary subdivision guarantee shall be submitted for FM CE review in conjunction with the processing of the tract map. 4. The final map shall be signed by the City Engineer prior to the FM CE map being placed on the agenda for City Council acceptance. 5. Prior to recording the tract map, the applicant shall pay all FM CE outstanding plan check/inspection fees. 6. Prior to recording the tract map, the applicant shall bond for or FM CE set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate ITEM NUMBER DATE: 10-17-06 Conditions of Approval Timing Responsibilit Mitigation PLN 2006-1115/TTM 2006-0087 y /Monitoring Measure PS: Planning Services Address: 8315 Morro Rd BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney 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. 7. Prior to recording the tract map, the applicant shall submit a FM CE map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 8. All existing and proposed utility, pipeline, open space, or other FM CE easements are to be shown on the final/parcel map. If there are building or other restrictions related to the easements, they shall be noted on the final/parcel map. The applicant shall show all access restrictions on the final/parcel map. ITEM NUMBER: 2 DATE: 10-17-06 EXHIBIT B: Tentative Tract Map TR 2840 PLN 2006-1115/TTM 2006-0087 I MORRO ROAD INIGIiWAY 41j ...� 8 k:... ".o.. -- L� ny ;^ S • 0 ca..w-a 5 ca E YI _—Lw+ - s AMAPOA AVe4UE 1 X. .., a n i g 2 �[Y Q°mmj ag ITEM NUMBER: 3 DATE: 10-17-06 Planning Commission Staff Report Public Hearing Time Extension TTM 2005-0068 9300 Pino Solo TTM 2003-0044 9105 Principal Ave (Principal Partners, LP/Wallace Group) SUBJECT: Consideration of a one-year time extension for Tentative Tract Map TTM 2003-0044 and TTM 2005-0068. RECOMMENDATION: Staff Recommends: 1. Adopt Resolution PC 2006-0086, thereby approving a one-year time extension of Tentative Tract Map 2003-0044 in compliance with Sections 11-4.23(a) and 11- 4.33(b) of the Subdivision Ordinance; and 2. Adopt Resolution PC 2006-0087, thereby approving a one-year time extension of Tentative Tract Map 2005-0068 in compliance with Sections 11-4.23(a) and 11- 4.33(b) of the Subdivision Ordinance. SITUATION AND FACTS: 1. Owner: Principal Partners, LP, 805 Aero Vista Place, Ste 202, San Luis Obispo, CA 93401 2. Applicant: Wallace Group, 4115 Broad Street, Ste B-5, San Luis Obispo, CA 93401 3. Project Address: 9105 Principal Ave and 9300 Pino Solo, Atascadero, CA 93422, APN: 030-491-001, 013, 015, 016, 017, 018 4. General Plan Designation: General Commercial (GC) and Medium Density Residential (MDR) \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0068 9300 Pino Solo.TMX\TTM 2005-0068 rev Time Ext. PC staff report sm.doc 5. Zoning District: 6. Site Area: 7. Existing Use: 8. Environmental Status: DISCUSSION: Background: ITEM NUMBER: 3 DATE: 10-17-06 CR/RMF/PD24 (Commercial Retail/Residential Multi-Family-10/Planned Development #24) 5.52 acres (Combined) Vacant Land Class 3(b) Categorical Exemption On October 12, 2004, the City Council approved the EI Camino Real/Principal Avenue Mixed -Use project for a 8,320 square foot commercial/office building along EI Camino Real, a 8,230 square foot live/work building along Principal Avenue, which includes 5 residential units with office space on the ground floor, and 40 multi -family residential units. The project approval also included the potential to construct four additional residential units on a separate parcel located at the northwest corner of Principal and Pino Solo Avenue which was subsequently approved on May 17, 2005. Analysis: The Subdivision Map Act mandates an initial two-year life and, by local ordinance, the City can extend initial life up to an additional 12 months. Additionally, the City may extend the time at which the map expires for a period or periods not to exceed a total of five years. These are discretionary extensions. The application for the extension must be filed prior to the expiration date. The Planning Commission has discretion on whether they want to extend the map, or they can defer the decision to the City Council. The Planning Commission may add or modify any conditions of approval, prior to granting the time extension, to insure the project remains consistent with updated ordinances and policy. Staff is not recommending any modifications with this time extension. Map History: TTM 2003-0044 Approval Expiration Original Approval 10/12/04 10/12/06 Proposed (Applied 9/7/06) 10/17/06 10/12/07 TTM 2005-0068 Original Approval Proposed TTM 2005-0068 (Applied 9/7/06) Approval Expiration 5/17/05 5/17/07 10/17/06 5/12/08 \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0068 9300 Pino Solo.TMX\TTM 2005-0068 rev Time Ext. PC staff report sm.doc ITEM NUMBER: 3 DATE: 10-17-06 CONCLUSION: The City Council found the proposed subdivision map, as conditioned, is consistent with the 2002 General Plan and Zoning Ordinance and the lot configurations are consistent with the requirements of the Subdivision Ordinance. Staff recommends the Planning Commission approve the Time Extension as requested. ALTERNATIVES: 1. The Commission may approve the Time Extension subject to additional or revised project conditions. 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. IaC7=17_1 N =111 WA ATTACHMENTS: Attachment 1 — Attachment 2— Attachment 3 — Attachment 4 — Attachment 5 — Attachment 6 — Steve McHarris, Deputy Community Development Director Location Map, TTM 2003-0044 (General Plan & Zoning) TTM 2003-0044 Approved Conditions of Approval and Mitigation monitoring Draft Resolution 2006-0086 (TTM 2003-0044) Location Map, TTM 2005-0068 (General Plan & Zoning) TTM 2005-0068 Approved Conditions of Approval and Mitigation Monitoring Draft Resolution 2006-0087 (TTM 2005-0068) \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0068 9300 Pino Solo.TMX\TTM 2005-0068 rev Time Ext. PC staff report sm.doc ATTACHMENT 1: Location Map (General Plan / Zoning) TTM 2003-0044 9105 Principal Ave k�- Residential Multi- Family-10/PD-24: 4.52 ac ITEM NUMBER: 3 DATE: 10-17-06 Commercial Retail/PD-24: 0.78 ac _ tU i t s ' t 0 Ddsta�z Desiztwian: Camnercial Retail Pnovosed Desim im: Commercial RetaiMsidadial BUM Family - 10/PD-24 C. Zoning District: CR/RMF/PD24 (Commercial Retail/Residential Multi-Family-10/Planned Development #24) Land Use Designation: General Commercial (GC) and \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0068 9300 Pino Solo.TMX\TTM 2005-0068 rev Time Ext. PC staff report sm.doc ITEM NUMBER DATE: 10-17-06 Attachment 2: Conditions of Approval / Mitigation Monitoring TTM 2003-0044 Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP: Grading Permit PS: Planning Services 9105 Principal Ave BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Ma 9 p Improvement Plans FM: Final Map PD: Police EngineDeparter CE: City Engineer TTM 2003-0044 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Planning Services 1. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2003-0070 and ZCH 2004-0083 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Tract Map shall be valid for two years after its FM PS effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the authority to FM PS approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The granting of this entitlement shall apply to the property located at On going PS 9105 Principal Ave EI Camino Real (APN 030-491-013, 015, 018) regardless of owner. 5. 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. 6. 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. 7. The Tract Map shall be subject to additional fees for park or recreation FM PS purposes (QUIMBY Act) as required by City Ordinance. 8. The emergency services and facility maintenance costs listed below BP PS shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrent) with \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0068 9300 Pino Solo.TMX\TTM 2005-0068 rev Time Ext. PC staff report sm.doc ITEM NUMBER DATE: 10-17-06 Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP: Grading Permit PS: Planning Services 9105 Principal Ave BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map ImprovemPD: FM:FnalMa�Plans Police Department CE: City Engineer TTM 2003-0044 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 9. All tract maintenance costs listed below shall be 100% funded by the BP PS project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. ■ All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. ■ All parks, trails, recreational facilities and like facilities. ■ All open space and native tree preservation areas. ■ All drainage facilities and detention basins. ■ All creeks, flood plains, floodways, wetlands, and riparian habitat areas. ■ All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. ■ All frontage landscaping and sidewalks along arterial streets 10. Prior to recordation of final map, the project applicant shall enter into BP PS an agreement with the City of Atascadero to pay any future reimbursement fees associated with interim improvements made to the Santa Rosa / US 101 interchange and frontage roads, as \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0068 9300 Pino Solo.TMX\TTM 2005-0068 rev Time Ext. PC staff report sm.doc ITEM NUMBER DATE: 10-17-06 Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP: Grading Permit PS: Planning Services 9105 Principal Ave BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map ImprovemPD: FM:FnalMa�Plans Police Department CE: City Engineer TTM 2003-0044 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy approved by Caltrans. The amount of reimbursement shall be determined by a traffic study that demonstrates a nexus for all parcels included in the reimbursement area. 11. Deed notification shall be applied to each of the new lots, notifying BP PS homeowners that adjacent residential lots may be used for agricultural purposes, including keeping of livestock animals, facilities, and equipment. Deed notification shall also include noise associated with business activities on adjacent commercial properties. 12. Prior to final map, the applicant shall submit CC&Rs for review and BP PS approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: ■ Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping. ■ A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. ■ Individual unit's responsibility for keeping all trash receptacles within the unit's garage. ■ 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. 13. Affordable Housing Requirement: The applicant shall deed restrict a GP/BP PS, CA minimum of 9 residential units for 30 years, as follows: ■ 2 units at the very -low income rate, ■ 3 units at the low-income rate, ■ 4 units at the moderate income rate. All units shall be distributed throughout the project, subject to staff approval. 14. Workforce Housing: Prior to recordation of final map, the applicant BP PS, CA shall enter into a legal agreement with the City to reserve 1/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0068 9300 Pino Solo.TMX\TTM 2005-0068 rev Time Ext. PC staff report sm.doc ITEM NUMBER DATE: 10-17-06 Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP: Grading Permit PS: Planning Services 9105 Principal Ave BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map ImprovemPD: FM:FnalMa�Plans Police Department CE: City Engineer TTM 2003-0044 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved; and the City attorney The City Attorney shall approve the final form of the agreement. Fire Marshal 15. Final street name selection shall be consistent with the future street FM PS, CE extension, subject to staff approval 16. Note that approved address signage is to be provided. FM CE 17. Fire lanes shall be delineated to restrict parking as required by the FM CE Fire Authority. City Engineer Conditions PROJECT SPECIFIC CONDITIONS Drainage: 18. Obtain approval by the City Engineer of the grading & drainage plan BP, GP CE and the storm drain design & facilities. 19. Submit calculations to support the design of any structures or pipes. BP, GP CE Closed conduits shall be designed to convey the 10 -year flow with gravity flow, the 25 -year flow with head, and provide safe conveyance for the 100 year overflow. 20. Provide for the detention of the 50 year developed storm runoff, while BP, GP CE metering out the 2 year undeveloped storm runoff. 21. Show the method of dispersal at all pipe outlets. Include specifications BP, GP CE for size & type. 22. Acquire drainage easements where needed. Drainage shall cross lot BP, GP CE lines only where a drainage easement has been provided. \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0068 9300 Pino Solo.TMX\TTM 2005-0068 rev Time Ext. PC staff report sm.doc ITEM NUMBER DATE: 10-17-06 Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP: Grading Permit PS: Planning Services 9105 Principal Ave BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map ImprovemPD: FM:FnalMa�Plans Police Department CE: City Engineer TTM 2003-0044 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 23. Concentrated drainage from off-site areas shall be conveyed across the BP, GP CE project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement can not be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. Public Improvements and Maintenance: Gusta Road 24. Gusta Road shall be improved to include a City Standard turn BP, GP CE around. Curb, Gutter and Sidewalk shall extend to the project boundary as shown on the Tentative Tract Map or as approved by the City Engineer. Principal Avenue 25. Principal Avenue shall be improved to City Standard in conformance BP, GP CE with the Tentative Tract Map. EI Camino Real 26. EI Camino Real shall be improved to include sidewalks and BP, GP CE handicap ramps. Width of sidewalk shall be approved by the City Engineer, and shall be in conformance with adjacent properties. 27. Applicant shall underground utilities on EI Camino Real. BP, GP CE FM CE 28. The applicant must provide for the repair and maintenance of on-site shared improvements. This includes roads, sidewalks, street trees, streetlights, private sewer system, drainage facilities, recreation areas and common landscaping. The two methods that may be used are: a. Homeowners Association. This private organization would be responsible for the maintenance, repair and replacement of the facilities. b. Assessment District and Landscape and Lighting District. Funds for the maintenance, repair and replacement of the facilities would be collected on the property tax bill and distributed to the City. The City Engineer and City Attorney shall approve the final form prior to recordation. \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0068 9300 Pino Solo.TMX\TTM 2005-0068 rev Time Ext. PC staff report sm.doc ITEM NUMBER DATE: 10-17-06 Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP: Grading Permit PS: Planning Services 9105 Principal Ave BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map ImprovemPD: FM:FnalMa�Plans Police Department CE: City Engineer TTM 2003-0044 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 29. 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. 30. Full frontage improvements are required with this development. These BP, GP CE include curb, gutter, sidewalk and paveout. Public Improvement plans shall be submitted detailing the design. 31. Prior to issuance of building permits, the applicant shall submit a BP, GP CE grading and drainage plan with a separate sheets) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. SANITARY SEWER CONDITIONS 32. The Public Works Department shall approve all wastewater facilities BP, GP WW prior to construction. This includes pumps, force mains, cleanouts, manholes and connections. 33. Applicant shall pay sewer extension (annexation) fees upon issuance of BP, GP WW building permit. Sewer Connection and Reimbursement fees shall be payable upon actual connection of the building sewer to the public sewer system. 34. Gravity mains and other sewer facilities within the subdivision shall be BP, GP WW privately owned and maintained. 35. Gravity mains within the subdivision shall be eight (8) inches in BP, GP WW diameter. STANDARD CONDITIONS 36. 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. 37. 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. 38. 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. 39. The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map. 40. The applicant shall be responsible for the relocation and/or alteration of BP, GP CE existing utilities. \\Cityhall\cdvlpmnt\- pre 06 PI -Ns (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0068 9300 Pino Solo.TMX\TTM 2005-0068 rev Time Ext. PC staff report sm.doc ITEM NUMBER DATE: 10-17-06 Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP: Grading Permit PS: Planning Services 9105 Principal Ave BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map ImprovemPD: FM:FnalMa�Plans Police Department CE: City Engineer TTM 2003-0044 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 41. 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. 42. The applicant shall monument all property corners for construction FM CE control and shall promptly replace them if disturbed. 43. 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. 44. Slope easements shall be provided as needed to accommodate cut of FM CE fill slopes. 45. Drainage easements shall be provided as needed to accommodate FM CE both public and private drainage facilities. 46. 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. 47. Prior to recording the tract map, the applicant shall submit a map drawn FM CE 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. 48. 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. 49. Prior to recording the tract map, the applicant shall pay all outstanding plan check/inspection fees. 50. Prior to recording the map, the applicant shall complete all FM CE improvements required by these conditions of approval. 51. 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. \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0068 9300 Pino Solo.TMX\TTM 2005-0068 rev Time Ext. PC staff report sm.doc ITEM NUMBER DATE: 10-17-06 Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP: Grading Permit PS: Planning Services 9105 Principal Ave BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map ImprovemPD: FM:FnalMa�Plans Police Department CE: City Engineer TTM 2003-0044 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 52. 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. 53. 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. 54. 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. 55. An encroachment permit shall be obtained prior to any work within City BP, GP CE rights of way. 56. 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. Atascadero Mutual Water Company 57. The applicant shall submit plans to AMWC for the water distribution GP, BP CE 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. 58. Before the start of construction on the water system improvements, GP, BP CE 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 "Will GP, BP CE Serve" letter from AMWC for the newly created lots within the subdivision. 60. The water mains required to serve the project shall be laid out in a GP, BP CE grid or looped pattern and shall connect to the existing water mains system in Principal Ave. (6" main) and Gusta Lane (6" main). \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0068 9300 Pino Solo.TMX\TTM 2005-0068 rev Time Ext. PC staff report sm.doc ITEM NUMBER DATE: 10-17-06 Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP: Grading Permit PS: Planning Services 9105 Principal Ave BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map ImprovemPD: FM:FnalMa�Plans Police Department CE: City Engineer TTM 2003-0044 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 61. The applicant shall provide AMWC with easements for those water GP, BP CE 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. 62. The applicant shall submit a hydraulic analysis with the first plan GP, BP CE check submittal of the water system improvements for the project. The analysis should take into account the fire flows required by the Uniform Fire Code and requirements of the California Waterworks Standards. The applicant is responsible for designing and constructing water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. 63. The applicant shall obtain a separate landscape -irrigation meters) GP, BP CE from AMWC for the common areas within the project. Mitigation Measures Mitigation Measure 1.c.1: The following landscape mitigations shall apply: BP BS, PS, CE 1.c.1 ■ Fencing shall be complimentary in color and material to the proposed architectural theme. No fencing greater than 3 feet in height shall be located within the 10 -foot setback area along the street frontage. ■ The project landscaping shall include trees along Principal and EI Camino Real street frontages. ■ All proposed trees shall be shade trees of 15 -gallon size and shall be double staked. Mitigation Measure 1.c.2: The proposed buildings shall include the use of BP BS, PS, CE 1.c.2 paint and roof colors consistent with the selected architectural style and designed to compliment the existing commercial and residential setting. Mitigation Measure 1.d.1: If exterior parking lot lighting is proposed, it shall BP BS, PS, CE 1.d.1 be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminary 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 within the site. Fixtures shall be shield cut-off \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0068 9300 Pino Solo.TMX\TTM 2005-0068 rev Time Ext. PC staff report sm.doc ITEM NUMBER DATE: 10-17-06 Conditions of Approval / Mitigation Monitoring Program 9105 Principal Ave Vesting Tentative Tract Map TTM 2003-0044 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision ImprovemPD: FM:FnalMa�Plans TO: Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsibilit y/Monitoring PS: Planning Services BS: Building Services FD: Fire Department Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure type and compatible with neighborhood setting, subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP, GP BS, PS, CE 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM - 10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. ■ Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency will be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas shall be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas designated for reworking on dates greater than one month after initial grading shall be sown with a fast - germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved shall be \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0068 9300 Pino Solo.TMX\TTM 2005-0068 rev Time Ext. PC staff report sm.doc ITEM NUMBER DATE: 10-17-06 Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP: Grading Permit PS: Planning Services 9105 Principal Ave BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map ImprovemPD: FM:FnalMa�Plans Police Department CE: City Engineer TTM 2003-0044 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. 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.b.1: All crossings and culverts that impact the bed and/or bank of the drainage must be permitted by the appropriate regulatory agencies: U.S. Army Corps of Engineers, Regional Water Quality Control Board, and the California Department of Fish & Game, as appropriate. Mitigation Measure 4.e.1: Grading and excavation and grading work shall BP PS, BS 4.e.1 be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within twenty feet of construction work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. 7. Pathways that run under tree canopies should be made out of decomposed gravel or porous pavers to allow oxygen and moisture to reach the root systems. 8. Utilities such as water, gas, power, cable, storm drainage, and sewer should be redirected from under the canopy of any trees that are to remain. 9. Where a building is placed within the canopy of a tree the foundation should be redesigned so that it bridges across any root systems. 10. Any foundation or other structure that encroaches within the drip line of trees to be saved shall be dug by hand. 11. At no time shall tree roots be ripped with construction equipment. \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0068 9300 Pino Solo.TMX\TTM 2005-0068 rev Time Ext. PC staff report sm.doc ITEM NUMBER DATE: 10-17-06 Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP: Grading Permit PS: Planning Services 9105 Principal Ave BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map ImprovemPD: FM:FnalMa�Plans Police Department CE: City Engineer TTM 2003-0044 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 12. Four foot high construction fencing shall be placed around any tree that is to be proteted and saved at a distance of athe drip line plus 4'. Once the Rough Grading is accomplished then the fence may be moved closer to the tree and the area dug by hand or with a small piece of equipment. Mitigation Measure 4.e.2: An arborists report shall be required prior to BP PS, BS 4.e.2 project implementation. The report shall identify each native tree proposed for removal and each tree within the project area subject to potential impact. The report shall provide recommendations for tree pruning, tree protection of existing native trees to remain, and identify native tree impact/replacement mitigation per the Atascadero Municipal Code Section 9-11.105. Mitigation Measure 4.e.3: The developer shall contract with a certified BP PS, BS 4.e.3 arborist during all phases of project implementation. The certified arborist shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of 3/ inch granite covered with one -inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one -foot by one -foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0068 9300 Pino Solo.TMX\TTM 2005-0068 rev Time Ext. PC staff report sirl ITEM NUMBER DATE: 10-17-06 Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP: Grading Permit PS: Planning Services 9105 Principal Ave BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map ImprovemPD: FM:FnalMa�Plans Police Department CE: City Engineer TTM 2003-0044 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Tree Protection Plan was implemented, the trees designated for protection were protected during construction, and the construction - related tree protection measures are no longer required for tree protection. Mitigation Measure 4.e.4: All tree removals shall be mitigated as prescribed BP PS, BS 4.e.4 by the Atascadero Native Tree Ordinance. Mitigation Measure 6.b.1: The grading permit application plans shall include GP PS, BS, CE 6.b.1 erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.1: A soils report shall be required to be submitted BP, GP PS, BS, CE 6.c.1 with a future building permit by the building department. Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that GP PS, BS, CE 8.e.f.1 all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 9.b.1: The commercial property directly adjacent to CUP/GPA PS 9.b.1 the project site shall be included in the proposed General Plan Amendment and Zone Change and shall be designated as Medium Density Residential with a corresponding Residential Multi -Family -10 zoning designation to ensure consistency with the surrounding neighborhood and with the proposed project. The proposed Planned Development Overlay District #24 shall be extended to include this parcel. Any future development shall conform to the Multy-Family-10 development standards including density and shall conform to the standards set forth in the proposed Planned Development #24 overlay zone. Any future development proposal shall require an amendment to the master plan of development (CUP Amendment) subject to Planning Commission review and City Council approval. \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0068 9300 Pino Solo.TMX\TTM 2005-0068 rev Time Ext. PC staff report sm.doc ITEM NUMBER DATE: 10-17-06 Conditions of Approval / Mitigation Monitoring Program 9105 Principal Ave Vesting Tentative Tract Map TTM 2003-0044 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision ImprovemPD: FM:FnalMa�Plans TO: Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsibilit y/Monitoring PS: Planning Services BS: Building Services FD: Fire Department Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 11.d.1: All construction activities shall comply with the BP, GP PS, BS, CE 11.d.1 City of Atascadero Noise Ordinance for hours of operation, and as follows: Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors may modify the hours of construction. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. Staff shall approve the details of such a sign during the Grading Plan/Building Permit review process. \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0068 9300 Pino Solo.TMX\TTM 2005-0068 rev Time Ext. PC staff report sm.doc ITEM NUMBER DATE: 10-17-06 Conditions of Approval / Mitigation Monitoring Program 9105 Principal Ave Vesting Tentative Tract Map TTM 2003-0044 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision ImprovemPD: FM:FnalMa�Plans TO: Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsibilit y/Monitoring PS: Planning Services BS: Building Services FD: Fire Department Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 13.1: Project Road and Landscape Maintenance and BP, GP PS, BS, CE 13.1 Emergency Services Funding: The emergency services and road maintenance costs of the project shall be 100% funded by the project in perpetuity. The service and maintenance cost may be funded through a benefit assessment district or other mechanism established by the developer subject to City approval. The funding mechanism must be in place prior to or concurrently with acceptance of the any final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds and the coordination and performance of maintenance activities shall be by the City a) All Atascadero Police Department service costs to the project. b) All Atascadero Fire Department service costs to the project. c) All streets, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. d) All parks, trails, recreational facilities and like facilities. e) All open space and native tree preservation areas. f) All drainage facilities and detention basins. g) All common landscaping areas, street trees, medians, parkway planters, manufacture slopes outside private yards, and other similar facilities. \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0068 9300 Pino Solo.TMX\TTM 2005-0068 rev Time Ext. PC staff report sm.doc ITEM NUMBER: 3 DATE: 10-17-06 ATTACHMENT 3: Draft Resolution PC 2006-0086 TTM 2003-0044 9105 Principal Ave DRAFT RESOLUTION NO. PC 2006-0086 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A ONE-YEAR TIME EXTENSION OF AN APPROVED VESTING TENTATIVE TRACT MAP (TTM 2003-0044,9105 PRINCIPAL AVE, WALLACE GROUP/ PRINCIPAL PARTNERS, LP) WHEREAS, the applicant, proposes a proposed subdivision of a 5.52 acre, gross, lot into 44 airspace units; and WHEREAS, the City Council approved a Tentative Tract Map on October 12, 2004; and WHEREAS, the Planning Commission considered the proposed one year time extension at a meeting held October 17, 2006, setting the expiration date to October 12, 2007; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1: FINDINGS. The Planning Commission makes the following findings: 1. The approval of the time extension would not place the residents of the subdivision or the immediate community, or both in a condition dangerous to their health or safety, or both. 2. The approval of the time extension will not prohibit the project from complying with state or federal law. SECTION 2: TIME EXTENSION APPROVAL The Planning Commission does hereby approve a one-year time extension of TTM 2003-0044, to expire on October 12, 2007. \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0068 9300 Pino Solo.TMX\TTM 2005-0068 rev Time Ext. PC staff report sm.doc ITEM NUMBER DATE: 10-17-06 On motion by Commissioner and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0068 9300 Pino Solo.TMX\TTM 2005-0068 rev Time Ext. PC staff report sm.doc ATTACHMENT 4: Location Map (General Plan / Zoning) TTM 2005-0068 9300 Pino Solo RMF -1 UIPD-24 ft ITEM NUMBER: 3 DATE: 10-17-06 SFR -Y RSF-Y Project Site SFR -Y IR RSF-Y IF -16 General Plan: MDR (Medium -Density Residential Zoning District: RMF-10/PD-24 (Residential Multi-Family/Planned Development X24) Zoning District: CR/RMF/PD24 (Commercial Retail/Residential Multi-Family-10/Planned Development #24) Land Use Designation: General Commercial (GC) and \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0068 9300 Pino Solo.TMX\TTM 2005-0068 rev Time Ext. PC staff report sm.doc ITEM NUMBER DATE: 10-17-06 Attachment 5: Conditions of Approval / Mitigation Monitoring TTM 2005-0068 Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y /Monitoring Measure GP: Grading Permit PS: Planning Services 9300 Pino Solo BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Ma 9 p ImpVesting Map tans FM: Final Map FM: Final PD: Police Department CE: City Engineer TTM 2005-0068 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Planning Services 1. The approval of this application shall become final, subject to the FM PS completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Tract Map shall be valid for two years after its FM PS effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the authority to FM PS approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The granting of this entitlement shall apply to the property located at On going PS 9300 Pino Solo Avenue (APN 030-491-001) regardless of owner. 5. 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. 6. 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. 7. The Tract Map shall be subject to additional fees for park or recreation FM PS purposes (QUIMBY Act) as required by City Ordinance. 8. The emergency services and facility maintenance costs listed below BP PS shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0068 9300 Pino Solo.TMX\TTM 2005-0068 rev Time Ext. PC staff report sm.doc ITEM NUMBER DATE: 10-17-06 Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y /Monitoring Measure GP: Grading Permit PS: Planning Services 9300 Pill Solo BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map ImprovemPD: FM:FnalMa�Plans Police Department CE: City Engineer TTM 2005-0068 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 9. All tract maintenance costs listed below shall be 100% funded by the BP PS project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. ■ All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. • All parks, trails, recreational facilities and like facilities. ■ All open space and native tree preservation areas. ■ All drainage facilities and detention basins. ■ All creeks, flood plains, floodways, wetlands, and riparian habitat areas. ■ All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. ■ All frontage landscaping and sidewalks along arterial streets 10. Prior to recordation of final map, the project applicant shall enter into BP PS an agreement with the City of Atascadero to pay any future reimbursement fees associated with off-site circulation improvements made to the Santa Rosa / US 101 interchange and frontage roads. The amount of reimbursement shall be determined by a traffic study that demonstrates a nexus for all parcels included in the reimbursement area. 11. Deed notification shall be applied to each of the new lots, notifying BP PS homeowners that adjacent residential lots may be used for agricultural \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0068 9300 Pino Solo.TMX\TTM 2005-0068 rev Time Ext. PC staff report sm.doc ITEM NUMBER DATE: 10-17-06 Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y /Monitoring Measure 12. Prior to final map, the applicant shall submit CC&Rs for review and GP: Grading Permit PS: Planning Services approval by the Community Development Department. The CC&R's BP: Building Permit BS: Building Services 9300 Pino Solo SIP: Subdivision FD: Fire Department Vesting Tentative Tract Map ImprovemPD: FM:FnalMa�Plans Police Department CE: City Engineer TTM 2005-0068 TO: Temporary WW: Wastewater b) A detailed list of each individual homeowner's responsibilities for Occupancy CA: City Attorney maintenance of the individual units. FI: Final inspection AMWC: Water Comp. c) Individual unit's responsibility for keeping all trash receptacles F0: Final Occupancy purposes, including keeping of livestock animals, facilities, and equipment. 12. Prior to final map, the applicant shall submit CC&Rs for review and BP PS approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping. b) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. c) Individual unit's responsibility for keeping all trash receptacles within the unit's garage. d) 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. 13. Workforce Housing: Prior to recordation of final map, the applicant shall BP PS, CA enter into a legal agreement with the City to reserve 1/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved; and The City Attorney shall approve the final form of the agreement. 14. Affordable Housing Requirement: The applicant shall pay in; -lieu fees GP/BP PS,CA per existing City Council Policy \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0068 9300 Pino Solo.TMX\TTM 2005-0068 rev Time Ext. PC staff report sm.doc ITEM NUMBER DATE: 10-17-06 Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y /Monitoring Measure GP: Grading Permit PS: Planning Services 9300 Pino Solo BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map ImprovemPD: FM:FnalMa�Plans Police Department CE: City Engineer TTM 2005-0068 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy PROJECT SPECIFIC CONDITIONS Drainage: 16. Obtain approval by the City Engineer of the grading & drainage plan and BP, GP CE the storm drain design & facilities. 17. Submit calculations to support the design of any structures or pipes. Closed conduits shall be designed to convey the 10 -year flow with gravity flow, the 25 -year flow with head, and provide safe conveyance for the 100 year overflow. 18. Provide for the detention of the 50 year developed storm runoff, while BP, GP CE metering out the 2 year undeveloped storm runoff. 19. Show the method of dispersal at all pipe outlets. Include specifications BP, GP CE for size & type. 20. Acquire drainage easements where needed. Drainage shall cross lot BP, GP CE lines only where a drainage easement has been provided. 21. Concentrated drainage from off-site areas shall be conveyed across the BP, GP CE project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement can not be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. Public Improvements and Maintenance: Pino Solo 22. Pino Solo shall be improved to City Standard, including curb gutter BP, GP CE and sidewalk, and paveout. Public Improvement plans shall be submitted detailing design. 23. Principal Avenue 24. Principal Avenue shall be improved to City Standard in conformance BP, GP CE with those approved in Tentative Tract Map 2003-0044. Other Improvements 25. 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. \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0068 9300 Pino Solo.TMX\TTM 2005-0068 rev Time Ext. PC staff report sm.doc ITEM NUMBER DATE: 10-17-06 Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y /Monitoring Measure GP: Grading Permit PS: Planning Services 9300 Pino Solo BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map ImprovemPD: FM:FnalMa�Plans Police Department CE: City Engineer TTM 2005-0068 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 26. Prior to issuance of building permits, the applicant shall submit a grading BP, GP CE and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. SANITARY SEWER CONDITIONS 27. The Public Works Department shall approve all wastewater facilities BP, GP WW prior to construction. This includes pumps, force mains, cleanouts, manholes and connections. 28. Applicant shall pay sewer extension (annexation) fees upon issuance of BP, GP WW building permit. Sewer Connection and Reimbursement fees shall be payable upon actual connection of the building sewer to the public sewer system. 29. Gravity mains and other sewer facilities within the subdivision shall be BP, GP WW privately owned and maintained. 30. Gravity mains within the subdivision shall be eight (8) inches in diameter. BP, GP WW STANDARD CONDITIONS 31. 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. 32. 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. 33. 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. 34. The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map. 35. The applicant shall be responsible for the relocation and/or alteration of BP, GP CE existing utilities. 36. 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. 37. The applicant shall monument all property corners for construction FM CE control and shall promptly replace them if disturbed. 38. Slope easements shall be provided as needed to accommodate cut of fill FM CE slopes. 39. Drainage easements shall be provided as needed to accommodate both FM CE public and private drainage facilities. \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0068 9300 Pino Solo.TMX\TTM 2005-0068 rev Time Ext. PC staff report sm.doc ITEM NUMBER DATE: 10-17-06 Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y /Monitoring Measure GP: Grading Permit PS: Planning Services 9300 Pino Solo BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map ImprovemPD: FM:FnalMa�Plans Police Department CE: City Engineer TTM 2005-0068 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 40. 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. 41. Prior to recording the tract map, the applicant shall submit a map drawn FM CE 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. 42. Prior to recording the tract map, the applicant shall set monuments at all FM CE 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. 43. Prior to recording the tract map, the applicant shall pay all outstanding plan check/inspection fees. 44. Prior to recording the map, the applicant shall complete all FM CE improvements required by these conditions of approval 45. 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. 46. 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. 47. 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. 48. 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. 49. An encroachment permit shall be obtained prior to any work within City BP, GP CE rights of way. 50. 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. \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0068 9300 Pino Solo.TMX\TTM 2005-0068 rev Time Ext. PC staff report sm.doc ITEM NUMBER DATE: 10-17-06 Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y /Monitoring Measure GP: Grading Permit PS: Planning Services 9300 Pill Solo BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map ImprovemPD: FM:FnalMa�Plans Police Department CE: City Engineer TTM 2005-0068 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Atascadero Mutual Water Company 51. Before the recording of the Final Map, the applicant shall submit GP, BP CE 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 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. 52. Before recording of the Final Map, the applicant shall pay all GP, BP CE installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. 53. Before issuance of building permits, the applicant shall obtain a "Will GP, BP CE Serve" letter from AMWC for the newly created lots within the subdivision. 54. The water mains required to serve the project shall be laid out in a GP, BP CE grid or looped pattern and shall connect to the existing water mains system in Principal Ave. (6" main). and Gusta Lane (6" main), as part of Master Plan for GPA 2003-0008). 55. The applicant shall provide AMWC with easements for those water GP, BP CE 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. 56. The applicant shall submit a hydraulic analysis with the first plan GP, BP CE check submittal of the water system improvements for the project, Per GPA 2003-0008. The analysis should take into account the fire flows required by the Uniform Fire Code and requirements of the California Waterworks Standards. The applicant is responsible for designing and constructing water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. GP, BP CE 57. The applicant shall obtain a separate landscape -irrigation meters) from AMWC for the common areas within the project, as part of Master Plan for GPA 2003-0008 58. Landscaping for the common areas shall be drought -tolerant. Before GP, BP CE construction of the water system improvements, AMWC shall review and approve the landscape plans for the common areas within the project. (per GPA 2003-0008). \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0068 9300 Pino Solo.TMX\TTM 2005-0068 rev Time Ext. PC staff report sm.doc ITEM NUMBER DATE: 10-17-06 Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y /Monitoring Measure GP: Grading Permit PS: Planning Services 9300 Pino Solo BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map ImprovemPD: FM:FnalMa�Plans Police Department CE: City Engineer TTM 2005-0068 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Mitigation Measures Mitigation Measure 1.c.1: The following landscape mitigations shall apply: BP BS, PS, CE 1.c.1 ■ Fencing shall be complimentary in color and material to the proposed architectural theme. No fencing greater than 3 feet in height shall be located within the 10 -foot setback area along the street frontage. • The project landscaping shall include trees along Principal and EI Camino Real street frontages. ■ All proposed trees shall be shade trees of 15 -gallon size and shall be double staked. Mitigation Measure 1.c.2: The proposed buildings shall include the use of BP BS, PS, CE 1.c.2 paint and roof colors consistent with the selected architectural style and designed to compliment the existing commercial and residential setting. Mitigation Measure 1.d.1: If exterior parking lot lighting is proposed, it shall BP BS, PS, CE 1.d.1 be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminary 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 within the site. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP, GP BS, PS, CE 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM - 10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0068 9300 Pino Solo.TMX\TTM 2005-0068 rev Time Ext. PC staff report sm.doc ITEM NUMBER DATE: 10-17-06 Conditions of Approval / Mitigation Monitoring Program 9300 Pino Solo Vesting Tentative Tract Map TTM 2005-0068 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision ImprovemPD: FM:FnalMa�Plans TO: Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsibilit y /Monitoring PS: Planning Services BS: Building Services FD: Fire Department Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure ■ Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency will be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas shall be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas designated for reworking on dates greater than one month after initial grading shall be sown with a fast - germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved shall be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. 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 6.b.1: The grading permit application plans shall include GP PS, BS, CE 6.b.1 erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0068 9300 Pino Solo.TMX\TTM 2005-0068 rev Time Ext. PC staff report sm.doc ITEM NUMBER DATE: 10-17-06 Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y /Monitoring Measure GP: Grading Permit PS: Planning Services 9300 Pill Solo BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map ImprovemPD: FM:FnalMa�Plans Police Department CE: City Engineer TTM 2005-0068 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Mitigation Measure 6.c.1: A soils report shall be required to be submitted BP, GP PS, BS, CE 6.C.1 with a future building permit by the building department. Mitigation Measure 8.1 1: The developer is responsible for ensuring that GP PS, BS, CE 8.e.f.1 all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 9.b.1: The commercial property directly adjacent to CUP/GPA PS 9.b.1 the project site shall be included in the proposed General Plan Amendment and Zone Change and shall be designated as Medium Density Residential with a corresponding Residential Multi -Family -10 zoning designation to ensure consistency with the surrounding neighborhood and with the proposed project. The proposed Planned Development Overlay District #24 shall be extended to include this parcel. Any future development shall conform to the Multy-Family-10 development standards including density and shall conform to the standards set forth in the proposed Planned Development #24 overlay zone. Any future development proposal shall require an amendment to the master plan of development (CUP Amendment) subject to Planning Commission review and City Council approval. Mitigation Measure 11.d.1: All construction activities shall comply with the BP, GP PS, BS, CE 11.d.1 City of Atascadero Noise Ordinance for hours of operation, and as follows: Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors may modify the hours of construction. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. Staff shall approve the details of such a sign during the Grading Plan/Building Permit review process. \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0068 9300 Pino Solo.TMX\TTM 2005-0068 rev Time Ext. PC staff report sm.doc ITEM NUMBER DATE: 10-17-06 Conditions of Approval / Mitigation Monitoring Program 9300 Pino Solo Vesting Tentative Tract Map TTM 2005-0068 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision ImprovemPD: FM:FnalMa�Plans TO: Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsibilit y /Monitoring PS: Planning Services BS: Building Services FD: Fire Department Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 13.1: Project Road and Landscape Maintenance and BP, GP PS, BS, CE 13.1 Emergency Services Funding: The emergency services and road maintenance costs of the project shall be 100% funded by the project in perpetuity. The service and maintenance cost may be funded through a benefit assessment district or other mechanism established by the developer subject to City approval. The funding mechanism must be in place prior to or concurrently with acceptance of the any final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds and the coordination and performance of maintenance activities shall be by the City a) All Atascadero Police Department service costs to the project. b) All Atascadero Fire Department service costs to the project. c) All streets, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. d) All parks, trails, recreational facilities and like facilities. Ell All open space and native tree preservation areas. f) All drainage facilities and detention basins. g) All common landscaping areas, street trees, medians, parkway planters, manufacture slopes outside private yards, and other similar facilities. \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0068 9300 Pino Solo.TMX\TTM 2005-0068 rev Time Ext. PC staff report sm.doc ITEM NUMBER: 3 DATE: 10-17-06 ATTACHMENT 6: Draft Resolution PC 2006-0086 TTM 2005-0068 9300 Pino Solo DRAFT RESOLUTION NO. PC 2006-0087 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A ONE-YEAR TIME EXTENSION OF AN APPROVED VESTING TENTATIVE TRACT MAP (TTM 2005-0068,9300 PINO SOLO, WALLACE GROUP/ PRINCIPAL PARTNERS, LP) WHEREAS, the applicant, proposes a proposed subdivision of a 0.29, gross, lot to four airspace condominium units; and WHEREAS, the City Council approved a Tentative Tract Map on May 15, 2005, and WHEREAS, the Planning Commission considered the proposed one year time extension at a meeting held October 17, 2006, setting the expiration date to May 5, 2008; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1: FINDINGS. The Planning Commission makes the following findings: 1. The approval of the time extension would not place the residents of the subdivision or the immediate community, or both in a condition dangerous to their health or safety, or both. 2. The approval of the time extension will not prohibit the project from complying with state or federal law. SECTION 2: TIME EXTENSION APPROVAL The Planning Commission does hereby approve a one-year time extension of TTM 2005-0068, to expire on May 5, 2008. \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0068 9300 Pino Solo.TMX\TTM 2005-0068 rev Time Ext. PC staff report sm.doc ITEM NUMBER DATE: 10-17-06 On motion by Commissioner and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0068 9300 Pino Solo.TMX\TTM 2005-0068 rev Time Ext. PC staff report sm.doc ITEM NUMBER: 4 DATE: 10-17-06 Atascadero Planning Commission Staff Report - Community Development Department CUP 2006-0195 / PLN 2006-1149 Amendment to CUP 1998-002 San Diego Road Telecommunications Site 9126 & 9140 San Diego Road (Lampman / Sprint) SUBJECT: The proposed project consists of an Amendment to CUP 1998-002, an existing Telecommunications Facility. The project proposes to add and replace Sprint & Nextel antennas on an existing monopole and add two new equipment cabinets to be located inside an existing fenced area. RECOMMENDATION: Staff recommends: Adopt Planning Commission Resolution 2006-0088 approving Conditional Use Permit 2006-0195, an amendment to CUP 1998-002, subject to Conditions of Approval. SITUATION AND FACTS: 1. Applicant: Tricia Knight for Sprint 368 Santa Fe Avenue, Pismo Beach, CA 93449 Phone: (805) 448-4221 2. Property Owner: Donald Lampman 9126 San Diego Road, Atascadero, CA 93422 Phone: (805) 466-2664 3. Project Address: 9126 & 9140 San Diego Road, Atascadero, CA 93422 APN 045-431-010 & 045-341-003 4. General Plan Designation: Rural Estate 5. Zoning District: Residential Suburban 6. Site Area: lot size is 9.3 acres; Telecommunications leased area is 700 square feet 7. Existing Use: Telecommunications Facility/ Single Family home 8. Environmental Status: Consistent with Certified Negative Declaration issued for original CUP 1998-002 Background: The subject site is located west of Highway 101 near the freeway on-ramp at San Diego Road. The site currently contains an unmanned telecommunications facility previously approved for Nextel Communications in January of 1999. The leased area is approximately 700 square feet (0.0161 acres.) A 200 square foot equipment shelter (painted an earth toned color) was approved to be located within a 20 foot by 30 foot fenced area in the original CUP. A 50 foot wooden monopole which holds eight antennas was also approved and installed with the original CUP. LEASE AREA DETAILS III WM / 80LX4 W PIAN eye•.• 2 LEASE AREA DUAL 9 Original site plan approved for CUP 1998-002 in January 1999 PLANS A-1 Analysis The proposed Amendment would allow for the replacement of two antennas and the installation of one additional combined Sprint and Nextel antenna for a total of nine antennas to be located on the existing fifty foot monopole. Two new equipment cabinets are proposed to be located inside the existing fenced area. They would be not be visible from public view. The original Conditional Use Permit was conditioned to include drought tolerant native landscaping around the equipment shelter. While the existing oak trees sufficiently screen the monopole and antennas from view, the additional landscaping is necessary in order to screen the ground equipment. As part of the Amendment the project will be required to comply with this condition and include screening plants prior to final inspection of the building permit (Condition #18.) Native Trees Several native oak trees are located on the subject site. Tree protection fencing will be required during construction for all native trees located within 20 feet of construction activity. No native trees are to be removed. Any trenching under the drip line of a native tree will require an arborist report and arborist monitoring. All new equipment in the equipment area is to be located within the existing fenced area. The subject site was originally approved for a 20 foot by 30 foot fenced area; however, the fenced area was installed at 16 feet by 31 feet. The applicant believes that the additional equipment will fit within the existing fenced area. Staff has conditioned the project to require an arborist report with the building permit application if the existing fence area is expanded to the previously approved 20 foot by 30 foot area. Expanding the area to the full 20 foot by 30 foot area may have impacts on some small oak trees located just outside the fence. If the expansion of the fenced area requires removal of these trees, Planning Commission approval would be required as part of the Conditional Use Permit. New antennas proposed (9 total on 50' monopole) 2 new equipment cabinets to be located inside existing fenced area The site is accessed by a 40 foot wide access easement with a paved common driveway located off San Diego Road. An existing 12 foot wide access easement leads from the driveway to the equipment area. The access road is relatively flat and will require no additional grading. Findings Under Section 9-2.109 of the City's Zoning Ordinance, conditional uses require the approval of a Conditional Use Permit. Changes to the original CUP require Planning Commission approval. In order to approve the amendment to the Conditional Use Permit the Planning Commission is required to make the following findings: 1. The proposed use is consistent with the General Plan. 2. The proposed use satisfies all applicable provisions of the Zoning Ordinance. 3. The establishment, and subsequent operation or conduct of the use should not, because of the circumstances and conditions applied in this 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 of injurious to the property or improvements in the vicinity and the use. 4. The proposed use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. 5. The proposed use will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project. Environmental Determination The proposed amendment is consistent with the Certified Negative Declaration that was prepared for the original Conditional Use Permit for the existing telecommunications facility. The additional equipment proposed with this amendment would require no grading, no tree removals, and will not be visible from public view. CONCLUSION: The project site has previously been approved for telecommunication use. The additional equipment proposed with the amendment will not be visible from public view. The project will provide additional landscaping in order to screen ground equipment. Staff believes the project, as conditioned, is consistent with the findings required for Conditional Use Permit approval. ALTERNATIVES: 1. The Planning Commission may approve the amendment to CUP 1998-002 (Conditional Use Permit 2006-0195) with modified conditions of approval. 2. The Planning Commission may continue the application and refer the project back to staff for additional information or analysis. Direction should be given to staff and the applicant. 3. The Planning Commission may deny the amendment to CUP 1998-002 (Conditional Use Permit 2006-0195) based on appropriate findings. To deny the application, the Commission must find that it is inconsistent with one of the required findings. The motion to deny must include a finding for denial. Denial of the amendment will allow the facility to operate and exist per the original CUP approval. PREPARED BY: Callie Taylor, Assistant Planner ATTACHMENTS: Attachment 1: Zoning Map Attachment 2: Aerial Attachment 3: Site Photos - Existing Conditions Attachment 4: Certified Negative Declaration and Initial Study Attachment 5: Draft Resolution PC 2006-0088 ATTACHMENT 1: Zoning Map Zoning District: Residential Suburban 9126 & 9140 San Diego Rd. APN 045-431-010 & 045-341-003 VS Project Sites rn 0 cr� Pato o � 800ina m ATTACHMENT 2: Aerial View C:/QPrko w o r Equipment area � a O 50 foot monopole r • �1 c z' � � 1i�1•�rk! �l+< ;�:�. '•?'_-•_si.� � X1'•!1/ 0 � •< < h.s 1 .f� 1 ATTACHMENT 4: Certified Negative Declaration and Initial Study CITY OF ATASCADERO NEGATIVE DECLARATION 6500 Palma Avenue Atascadero, CA 93422 805.461.5035 APPLICANT: Nextel Communications, Inc. 17275 Derian Avenue Irvine, California 92164 (714)862-2300 PROJECT TITLE: Conditional Use Permit #98002 PROJECT LOCATION: 9126 San Diego Road PROJECT DESCRIPTION: The applicant proposes to construct and maintain cellular receiving facilities consisting of an antenna, pad -mounted utility cabinets surrounded by a chain-link security fence and access road extending a short distance from an existing private driveway. FINDINGS: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. 3. The project does not have impacts which are individually limited, but cumulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. DETERIYIINATION: Based on the above findings, and the information contained in the initial study (made a part hereof by reference and on file in the Community Development Department), it has been determined that the above project will not have an adverse impact on the environment. PREPARED B1': Gary Kaiser. Associate Planner DATE POSTED: December 17. 1998 DATE ADOPTED: ATTACHMENTS: PC Resolution 2006-0088 DRAFT RESOLUTION PC 2006-0088 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING CONDITIONAL USE PERMIT 2006-0195, AN AMENDMENT TO CUP 1998-002 TO MAKE MODIFICATIONS TO AN EXISTING WIRELESS TELECOMMUNICATION FACILITY (9126 & 9140 San Diego/ Lampman/ Sprint) WHEREAS, an application has been received from Donald Lampman, 9126 San Diego Road, Atascadero, CA 93422 (Property Owner), and Sprint, 368 Santa Fe Avenue, Pismo Beach, CA 93449 (Applicant), to consider Conditional Use Permit 2006-0195, an Amendment to CUP 1998-002, an existing telecommunications facility, allowing the installation of new antennas and new equipment cabinets at 9126 & 9140 San Diego Road (APN 045-431-010 & 045-341-003); and, WHEREAS, the proposed project is located within the land use designation of Rural Estate in the City of Atascadero's General Plan Land Use Diagram; and, WHEREAS, the proposed project is located in the Residential Suburban Zoning District; and, WHEREAS, the proposed project is found to be consistent with the Certified Negative Declaration done in 1998 for CUP 1998-002 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 held a duly noticed public hearing to consider the proposed Conditional Use Permit amendment application on October 17, 2006 and considered testimony and reports from staff, the applicants, and the public. NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project is consistent with the General Plan; and, 2. The proposed project satisfies all applicable provisions of the Zoning Ordinance; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. The proposed project will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and, 5. The proposed 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 the full development in accordance with the Land Use Element. SECTION 2. Approval of Conditional Use Permit. The Planning Commission of the City of Atascadero does hereby approve Conditional Use Permit 2006-0195, an amendment to CUP 1998-002 to allow the installation new equipment at a wireless telecommunication facility at 9126 & 9140 San Diego Road (APN 045-431-010 & 045-341-003) consistent with the following Exhibits: EXHIBIT A: Certified Negative Declaration EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan EXHIBIT D: Enlarged Site Plan and Equipment Layout EXHIBIT E: Elevations EXHIBIT F: Antenna Layout Detail EXHIBIT G: Proposed Condition Photos On motion by Commissioner , and seconded by 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 EXHIBIT A: Certified Negative Declaration for CUP 1998-002 CM OF ATASCADERO NEGATIVE DECLARATION 6500 Palma Avenue Atascadero, CA 93422 805.461.5035 APPLICANT: Nextel Communications, Inc. 17275 Derian Avenue Irvine, California 92164 (714)862-2300 PROJECT TITLE: Conditional Use Permit #98002 PROJECT LOCATION: 9126 San Diego Road PROJECT DESCRIPTION: The applicant proposes to construct and maintain cellular receiving facilities consisting of an antenna, pad -mounted utility cabinets surrounded by a chain-link: security fence and access road extending a short distance from an existing private driveway. FINDINGS: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. 3. The project does not have impacts %which are individually limited, but cumulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. DETERMINATION: Based on the above findings, and the information contained in the initial study (made a part hereof by reference and on file in the Community Development Department), it has been determined that the above project will not have an adverse impact on the environment. PREPARED BY: Gary kaiser. Associate Planner DATE POSTED: December 17. 1998 DATE ADOPTED: EXHIBIT B: Conditions of Approval Draft Resolution PC 2006-0088 PLN 2006-1149 / CUP 2006-0195 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility PLN 2006-1149 / CUP 2006-0195 /Monitoring PS: Planning Services Wireless Telecommunications FacilityAmendment BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department San Diego Road / Lampman & Sprint FI: Final Inspection TO: Temporary Occupancy CE: City Engineer WW: Wastewater F0: Final Occupancy CA: City Attorney Planning Department Standard Conditions 1. The approval of this use permit shall become final and effective for the BP 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 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 Conditional Use Permit shall be valid for twelve (12) BP PS 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. 3. The granting of this Conditional Use Permit shall apply to APN 045-341- Ongoing PS 003 & 045-431-010 regardless of owner. 4. The Community Development Department shall have the authority to BP PS approve minor changes to the project that (1) increase the square footage of the project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Conditional Use Permit. Planning Department Project Conditions 5. This Conditional Use Permit is to amend the original CUP to replace 2 existing antennas and add one additional antenna for a total of 9 antennas to be located on the existing 50 foot monopole. Two new equipment cabinets including new Sprint together with Nextel modcell and cable trays are to be located inside the existing fenced area. 6. All antenna, landscaping, utility placement, and exterior elevations shall BP/FO PS, BS be consistent with Exhibit C through Exhibit G. 7. Cellular provider shall be limited to that area which is shown on Exhibit C. Ongoing PS, BS All future carriers will be required to obtain approval of a Conditional Use Permit. 8. All new equipment is to remain inside the existing 16 foot by 31 foot chain BP PS, BS link fence. If the fenced area needs to be enlarged to the full 20 foot by 30 foot leased area to fit the new equipment, an arborist report will be required to address the trees located outside the existing enclosure. Any native tree removals will require Planning Commission approval. Conditions of Approval/Mitigation Monitoring Program Timing Responsibility PLN 2006-1149 / CUP 2006-0195 /Monitoring PS: Planning Services men Wireless Telecommunications FacilityAmendment BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer San Diego Road / Lampman & Sprint TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney 9. All work shall be done in conformance with Atascadero native tree policy. BP/FO PS, BS Any trenching beneath the dripline of a native tree will require an arborist report. 10. Each pole and pole -mounted antenna, and equipment shelter building BP PS, BS shall be painted brown or a similar color to camouflage the structures. 11. No exterior lighting shall be installed on any structures BP/FO PS, BS 12. All construction activities shall comply with the City of Atascadero Noise BP/FO PS, BS Ordinance for hours of operation. 13. The noise level of any equipment on the site shall not exceed 50db at any BP/FO PS, BS property line. The applicant shall provide an acoustical analysis verifying that the site will be in compliance with this standard prior to the issuance of the building permit. 14. At which time the proposed facilities are no longer required, all such BP/FO BS facilities shall be removed and the site restored to its pre-existing condition. 15. Any gates located along the driveway are to be Knox -type providing Fire BP/FO BS Department access. 16. Drought tolerant native plants are to be installed as a screening feature BP/FO PS around the equipment shelter. 17. The proposed landscape and irrigation shall be monitored and maintained Ongoing PS and provide sufficient screening of the wireless facilities. 18. Utilities will be installed underground. Common utility trenches will be BP/FO PS used where feasible. 19. All Conditions associated with CUP 1998-002 remain in effect unless Ongoing PS specifically addressed or modified by these conditions listed above. EXHIBIT c Site Plan §| TOM � IIA |||■ � � ! | ° ! I ! w r •�� w� |■ . | | q � E � - \ ^ ` ¥ | . # .. / | � EXHIBIT D: Enlarged Site Plan and Equipment Layout N EXHIBIT E: Elevations Ln U8 Sad sus o \ a o £t n spa 8 +� lit e f�c g� L gpp i f�c G�E "y�gl / Y p� i _ �l1 I y�S¢ i} . --..--j.:: EXHIBIT E: Elevations EpjY fir. _ rr �� F , E I a a, .� 6EP -Pp - FaYac_c p�_ rev. . � -•. � pg � 6 @ .� Oi m a ft m : � � s Y .M. P. N A EpjY fir. _ rr �� F , E I a a, .� 6EP -Pp - FaYac_c p�_ EXHIBIT RAntenna Layout Detail « IN ,��■ E3D■ Ill \M�| Ill =�0 mmU �gmN EXHIBIT G: Proposed Condition Photos SITE ACQI' -'TION CONSUL'T'ANTS r:licnr saris(action rhrorgh excellence 655 First Bank Drive Palatine. Dllinuis60067 Orme 847-991-2100 Fax 847-991.5707 AMENDMENT TO EXISTING CUP #98002 RECEIVED 9126 San Diego Road APN# 045-341-003 AUG 2 8 2006