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Home My WebLink AboutPC_2006-11-21_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, November 21, 2006 — 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Beraud Vice Chairperson O'Keefe Commissioner Fonzi Commissioner Porter Commissioner Slane Commissioner Vacant Commissioner Vacant PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, tentative subdivision maps, parcel maps, variances, conditional use permits, and planned development permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda) City of Atascadero Planning Commission Agenda CONSENT CALENDAR Regular Meeting November 21, 2006 Page 2 of 6 (All items on the consent calendar are considered to be routine and non -controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions) 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON NOVEMBER 7, 2006. COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name and address for the record and can address the Commission for five minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 2. 8570 EL CORTE PD -17 (PLN 2099-0795) TO BE CONTINUED TO A DATE UNCERTAIN Owner & Royce Construction & Development, Inc., 10780 Vista Road, Atascadero, CA 93422 Applicant: Project Title: PLN 2099-0795/ZCH 2006-0112, CUP 2006-0178, TTM 2006-0082; Planned Development Project 8570 El Corte, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 030-421-005 Project The proposed project consists of a Zone Change, Conditional Use Permit, and Tentative Description: Tract Map for the construction of 10 new single-family detached homes on individual lots that will be developed under the requirements of the Planned Development Overlay #17. Proposed homes range from approximately 1300 square feet to 2300 square -feet with two - car attached garages. Thirteen (13) willow trees/shrubs (appx 75% of the riparian willow mass) are proposed be removed as part of the development. The project site contains an existing drainage way that contains riparian species and an identified wetland area. The immediate wetland area is proposed to remain. The project will take access off of El Corte Rd. Frontage improvements will be provided along El Corte Rd and La Linia Ave. The development will be served by City sewer. General Plan Designation: Single -Family Residential (SFR -X) Zoning District: Residential Single -Family -X (RSF-X) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The proposed Mitigated Negative Declaration is available for public review from Determination: 10-9-06 through 11-7-06 at 6907 El Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. City of Atascadero Planning Commission Agenda 3. RANCHO DE PARAISO PHASE 4 SUBDIVISION Regular Meeting November 21, 2006 Page 3 of 6 Owner: Rancho De Paraiso, LLC, 6465 Alta Pradera Lane, Atascadero, CA 93422 Project Title: Rancho de Paraiso Phase 4 Subdivision (PLN 2099-1156/ZCH 2004-0089, CUP 2004- Project Title: 0134, TTM 2004-0058) Project Project site is located between Santa Lucia, Laurel, & Portal Roads, Lots 13, 14, and Lots 10 Location: and 12 (portions) Block 28, Atascadero, CA 93422, (San Luis Obispo County) APN 054- Project 181-019, 030; 054-281-001 Project The proposed project consists of applications for a Zone Change, Conditional Use Permit, and Description: Tentative Tract Map to establish a PD -16 Overlay for a 14 -lot residential subdivision. A cluster subdivision is proposed on approximately 77 acres, creating 14 lots ranging in size from 1.05 to 32.39 acres. The project design includes proposed building sites and a request for modified setbacks on two of the proposed lots. Portal Road will be improved to provide fire access. The majority of the site is covered with dense to sparse oak woodlands and slopes of 10 Proposed to 50%. All resulting parcels will connect to community water facilities and utilize onsite Environmental septic systems. Determination: General Plan Designation: RE Zoning District: RS Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The proposed Mitigated Negative Declaration is available for public review from Determination: 10/16/06 through 11/4/06 at 6907 El Camino Real, Community Development Department, from 8:00 a.m. to 5:00 .m., Monday through Friday. 4. RECONSIDERATION OF ENCINO ROAD TRACT MAP (TRACT 2515) Owners: J. Michael Finch, 6445 N. Palm Ave., Ste. 104, Fresno, CA 93704 Don Messer, P O Box 1958, Atascadero, CA 93423 Project Title: PLN 2099-0912/TTM 2003-0029 Reconsideration of Map Project Encino Ave. , South of Atajo Ave., Atascadero, CA 93422 Location: (San Luis Obispo County) APN 031-091-005, 006, 008, 009 and APN 031-092-016 Project Reconsideration of Tentative Tract Map 2003-0029, consisting of the reconfiguration of six Description: (6) existing Colony lots. This application is a resubmittal of a previously approved Tract Map that has expired. The reconfiguration of the existing lots is to minimize hillside grading and impacts to native trees. The site is consists of steep wooded slopes with Live Oak and White Oak woodlands and a portion of an un -named blue line creek. General Plan Designation: SFR -Z (Single -Family Residential 1.5 — 2.5 acre minimum lot size) Zoning District: RSF-Z (Residential Single -Family 1.5 — 2.5 acre minimum lot size) Proposed Consistent with previously certified Mitigated Negative Declaration 2003-0044. Environmental Determination: City of Atascadero Planning Commission Agenda 5. 5435 OLMEDA CONDOMINIUM MAP Regular Meeting November 21, 2006 Page 4 of 6 Owner: Roger Emmons, P O Box 91, Pismo Beach, CA 93448 Project Title: PLN 2099-0479/TPM-2005-0074 Project 5435 Olmeda Ave., Atascadero, CA 93422 Location: (San Luis Obispo County) APN 029-292-018 Project The project consists of a proposed condominium map over an existing lot of record to create Description: one (3) airspace units on one common lot. The lot is currently developed with one single- Description: family residence which is proposed to be demolished. Building permits for the three units are currently in for review. General Plan Designation: Medium Density Residential Zoning District: Residential Multi -Family —10 (Maximum 10 du/ac) Proposed Class 3(b) Categorical Exemption. Environmental Negative Declaration prepared for original CUP (dated December 17, 1998) Determination: 6. 9126 SAN DIEGO ROAD CELL SITE AMENDMENT Owner: Donald Lampman, 9126 San Diego Road, Atascadero, CA 93422 Applicant: Tricia Knight, Sprint, 368 Santa Fe Ave., Pismo Beach, CA 93449 Project Title: PLN 2006-1149/Amendment to CUP 98-002 Project 9126 San Diego Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 045-341-003 Project The project consists of an amendment to CUP 1998-002, an existing unmanned cell site. Description: Application is for two new equipment cabinets to be located in existing fence area, and new antennas to be located on existing monopole. General Plan Designation: Rural Estates (RE) Zoning District: Residential Suburban (RS) Proposed Environmental Negative Declaration prepared for original CUP (dated December 17, 1998) Determination: City of Atascadero Planning Commission Agenda 7. 3200 SAN FERNANDO ROAD LOFT Regular Meeting November 21, 2006 Page 5 of 6 Owner: Tom & Alberta Grzincic, 13090 Santa Lucia Road, Atascadero, CA 93422 Project Title: PLN 2006-1166/CUP 06-0198 Project 3200 San Fernando Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 050-231-003 Project The project consists of a request to allow an already constructed non -permitted loft in a Description: permitted shop, thus exceeding the 50% rule for the square footage of the shop. General Plan Designation: Rural Estates (RE) Zoning District: Residential Suburban (RS) Proposed Environmental Class 1, Categorical Exemption 15301 Determination: COMMISSIONER COMMENTS AND REPORTS 8. VETERAN MEMORIAL SITE SELECTION AD HOC COMMITTEE APPOINTMENT DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission_ will be on December 5, 2006 at City Hall, Council Chambers, 6907 El Camino Real, Atascadero. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to this public hearing. City of Atascadero Planning Commission Agenda Regular Meeting November 21, 2006 Page 6 of 6 City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m., at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall Annex business hours at the Community Development counter and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-5000, or the City Clerk's Office, (805) 461-5000. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Commission regarding the matter being considered to step up to the podium. If you wish to speak for, against, or comment in any way: • You must approach the podium and be recognized by the Chairperson • Give your name and address (not required) • Make your statement • All comments should be made to the Chairperson and Commission • All comments limited to 5 minutes (unless changed by the Commission) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at least 24 hours prior to the meeting. Access to hook up your laptop to the City's projector will be provided. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Chairperson before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "PUBLIC HEARINGS", the Chairperson will call for anyone from the audience having business with the Commission to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Commission's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Commission). CALL TO ORDER ITEM NUMBER: 1 DATE: 11-21-06 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, November 7, 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, Kelley, Slane, O'Keefe and Chairperson Beraud Absent: Commissioner Porter Others Present: Recording Secretary Grace Pucci Staff Present: Community Development Director Warren Frace, Deputy Community Development Director Steve McHarris, Associate Planner Kelly Gleason and Deputy Public Works Director David Athey. PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA MOTION: By Vice Chairperson O'Keefe and seconded by Commissioner Kelley to approve the agenda. Motion passed 5:0 by a roll -call vote. PC Draft Minutes 11/07/06 Page 1 of 7 PUBLIC COMMENT Rick Mathews, Parks and Recreation Commission Chairperson, spoke about the ad hoc committee forming to select a location for the proposed Veteran's War Memorial. Chairperson Mathews explained that Commissioner Fonzi had volunteered to serve on the committee and requested a 2nd Planning Commissioner be appointed to the Committee. Chairperson Beraud stated this request would be discussed during the Commissioner Comments period of the agenda. Chairperson Beraud closed the Public Comment period. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON OCTOBER 3, 2006. 2. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON OCTOBER 17, 2006. Commissioner Fonzi requested the Recording Secretary check the tape from the October 3, 2006 meeting to clarify Commissioner Porter's comments regarding the use of the term "workshop" on Page three, Paragraph 4 under Commissioner Comments and Reports. MOTION: By Commissioner Fonzi and seconded by Commissioner Slane to approve Item #1 as amended when the tape is checked. Motion passed 4:0 by a roll -call vote. (O'Keefe abstained) MOTION: By Commissioner Fonzi and seconded by Commissioner Kelley to approve Item #2. Motion passed 3:0 by a roll -call vote. (Slane, Beraud abstained) COMMUNITY DEVELOPMENT STAFF REPORTS 3. TREE REMOVAL PERMIT FOR COLONY SQUARE Owners: Colony Square, James Harrison, 143 Beachcomber Dr., Pismo Beach, CA 93449 Peter Hilf, 205 E. Carillo, 2" d Floor, Santa Barbara, CA 93101 Certified Steven Alvarez, A&T Arborists, 1615 Lupine Lane, Templeton, CA 93465 Arborist: PC Draft Minutes 11/07/06 Page 2 of 7 Project Title Tree Removal Permit 2006-0097/PLN 2006-1164 Project 6905 EI Camino Real, Atascadero, CA 93422 (Colony Square Project CUP 04-0127) Location (San Luis Obispo County) APN 029-361-018 Project A request to remove one 72" (dbh) Valley Oak Tree located in the Colony Square Project due to Description safety hazards associated with the tree's poor condition, and 2 black walnut trees (16" and 14" dbh) located along the rear property line of the Rancho Tee Motel property which need to be removed due to grading requirements of the project. Deputy Community Development Director Steve McHarris gave the staff report and answered questions of the Commission. PUBLIC COMMENT Jim Harris, applicant, explained that it had been their intention to preserve the Valley Oak tree, however as this is a pedestrian oriented project, and because the condition of the tree could present a hazard, they are requesting its removal. Mr. McHarris answered questions of the Commission. Chairperson Beraud closed the Public Comment period Vice Chairperson O'Keefe questioned what would happen if the replacement tree died within a year of being planted given the existing tree has historical significance. Deputy Community Development Director Steve McHarris suggested addressing this possibility by incorporating Attachment 8 into the Master Plan of Development. MOTION: By Commissioner Kelley and seconded by Commissioner Slane to adopt Resolution PC 2006-0091 to approve the request to remove one 72 inch (dbh) valley oak tree and two black walnuts subject to the guidelines and mitigation required by the Atascadero Municipal Code and Native Tree Ordinance, and that the proposed 72 -inch box oak tree is anticipated to cover 100% of the tree mitigation fee, and that Attachment 8 will be incorporated into the Master Plan of Development for the Colony Square project. Motion passed 5:0 by a roll -call vote. PC Draft Minutes 11/07/06 Page 3 of 7 PUBLIC HEARINGS 4. 8315 MORRO ROAD TRACT MAP (PLN 2006-1115) Owner & Kelly Gearhart, Morro Road Homes, LLC, 6205 Alcantara Ave., Atascadero, CA 93422 Applicant: Project Title: PLN 2006-1115/TTM 2006-0087 Project 8315 Morro Road, Atascadero, CA 93422 Location• (San Luis Obispo County) APN 031-242-012 Project The project consists of a proposed condominium map to create seven (7) airspace units on Description: one common lot. The lot is currently under construction. General Plan Designation: General Commercial (GC) Zoning District: Commercial Professional (CP) Proposed Consistent with previously certified Mitigated Negative Declaration 2004-0015. Environmental (GPA 04-0013) Determination: Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Mandi Raike, applicant's representative, explained the reason for their request and answered questions of the Commission. Chairperson Beraud closed the Public Comment period MOTION: By Commissioner Slane and seconded by Commissioner Kelley to 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. Motion passed 5:0 by a roll -call vote. PC Draft Minutes 11/07/06 Page 4 of 7 5. TIME EXTENSIONS PINO SOLO (PLN 2099-0995) & PRINCIPAL (PLN 2099- 0989 Owner: Principle Partners, 805 Aerovista PI., 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 9105 Principal Ave., Atascadero, CA 93422 (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 Map 2005-0068 and Description: TTM 03-0044. General Plan Designation: General Commercial (GC) Zoning District: Medium Density Residential (MDR) Proposed Class 3(b) Categorical Exemption. Environmental Determination: Deputy Community Development Director Steve McHarris gave the staff report. Deputy Public Works Director David Athey answered questions of the Commission. PUBLIC COMMENT Brad Breckwald, Wallace Group, applicant's representative, answered questions of the Commission. Chairperson Beraud closed the Public Comment period MOTION: By Vice Chairperson O'Keefe and seconded by Commissioner Fonzi to 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 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. Motion passed 5:0 by a roll -call vote. PC Draft Minutes 11/07/06 Page 5 of 7 6. 8350 SAN CLEMENTE ACCESSORY STRUCTURE (PLN 2006-1123) Owner: Ariane V. Leiter, 8350 San Clemente, Atascadero, CA 93422 Project Title: PLN 2006-1123/CUP 06-0187 Project 8350 San Clemente, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 031-201-003 Project The project consists of a request for a 3' accessory structure. Description: General Plan Designation: SFR -Z (Single Family Residential, 'h acre Minimum) Zoning District: RSF-Z (Residential Single Family) Proposed A Categorical Exemption has been prepared for the project. Environmental Determination: Deputy Community Development Director Steve McHarris gave the staff report and answered questions of the Commission. PUBLIC COMMENT Ariane Leiter, owner/applicant, explained the reason for her request. Tim Beacher, applicant's architect, answered questions of the Commission, pointed out that this structure cannot be seen from the street and stated the neighbors had been contacted and there were no objections to the structure. Ex Parte Communications ■ Vice Chairperson O'Keefe stated she had visited the site. Chairperson Beraud closed the Public Comment period MOTION: By Vice Chairperson O'Keefe and seconded by Commissioner Fonzi to adopt Resolution PC 2006-0090 to approve Conditional Use Permit 2006-0187 based on findings. Motion passed 5:0 by a roll -call vote. COMMISSIONER COMMENTS AND REPORTS Chairperson Beraud suggested that Chairperson Mathew's request be agendized for the next Planning Commission meeting. MOTION: By Chairperson Beraud and seconded by Commissioner Fonzi that at the next Planning Commission meeting the Commission bring up the appointments to the ad hoc PC Draft Minutes 11/07/06 Page 6 of 7 committee for the Parks and Recreation Commission regarding the Veteran's Memorial project. Motion passed 5:0 by a roll -call vote. DIRECTOR'S REPORT Community Development Director Warren Frace asked about anticipated attendance at the next Commission meeting as a quorum will be needed, spoke about the December 7th Ethics Training and announced there will also be an ethics training meeting in San Luis Obispo on December 13th. Director Frace reviewed the agenda for the next Planning Commission meeting. ADJOURNMENT Chairperson Beraud adjourned the meeting at 7:53 p.m. to the next regularly scheduled meeting of the Planning Commission on November 21, 2006. MINUTES PREPARED BY: Grace Pucci, Recording Secretary PC Draft Minutes 11/07/06 Page 7 of 7 ITEM NUMBER: DATE: 11-21-06 TO BE CONTINUED TO A DATE UNCERTAIN 8570 EL CORTE PD -17 (PLN 2099-0795) Owner & Royce Construction & Development, Inc., 10780 Vista Road, Atascadero, CA 93422 Applicant: Project Title: PLN 2099-0795/ZCH 2006-0112, CUP 2006-0178, TTM 2006-0082; Planned Development Project 8570 El Corte, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 030-421-005 Project The proposed project consists of a Zone Change, Conditional Use Permit, and Tentative Description: Tract Map for the construction of 10 new single-family detached homes on individual lots that will be developed under the requirements of the Planned Development Overlay #17. Proposed homes range from approximately 1300 square feet to 2300 square -feet with two - car attached garages. Thirteen (13) willow trees/shrubs (appx 75% of the riparian willow mass) are proposed be removed as part of the development. The project site contains an existing drainage way that contains riparian species and an identified wetland area. The immediate wetland area is proposed to remain. The project will take access off of El Corte Rd. Frontage improvements will be provided along El Corte Rd and La Linia Ave. The development will be served by City sewer. General Plan Designation: Single -Family Residential (SFR -X) Zoning District: Residential Single -Family -X (RSF-X) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The proposed Mitigated Negative Declaration is available for public review from Determination: 10-9-06 through 11-7-06 at 6907 El Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. \\Cityhall\cdvlpmntl- pre 06 PLNs (Old Planning Docs)\- ZCH - Zone Change\ZC 06\ZCH 2006-0112 8570 EI Corte Road\PC To Be Continued to a Date Uncertain.am.doc ITEM NUMBER: 3 DATE: 11-21-06 Atascadero Planning Commission Staff Report - Community Development Department Zone Change 2004-0089 Conditional Use Permit 2004-0134 (Master Plan of Development) Tentative Tract Map 2004-0058 (TRACT 2672) Santa Lucia, Laurel, and Portal Roads (APN 054-181-019, 030; 054-281-001) (Rancho De Paraiso, LLC) SUBJECT: The proposed project consists of an application for a Zone Change, Conditional Use Permit (CUP) and Tentative Tract Map. The Zone Change request would establish a Planned Development #16 Overlay on the site subject to a Master Plan of Development (CUP) that would allow fourteen (14) clustered single-family lots and an approximately 51 acre open space area. RECOMMENDATION: Staff Recommends: 1. Adopt Resolution PC 2006-0094 recommending that the City Council certify Proposed Mitigated Negative Declaration 2005-0026; and, 2. Adopt Resolution PC 2006-0095 recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2004-0089 based on findings; and, 3. Adopt Resolution PC 2006-0096 recommending that the City Council approve Conditional Use Permit 2004-0134 to include the Master Plan of Development (Exhibit B of Draft Resolution) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Adopt Resolution PC 2006-0097 recommending the City Council approve Tentative Tract Map 2004-0058 (Tract 2672) based on findings and subject to Conditions of Approval and Mitigation Monitoring. ITEM NUMBER: DATE Situation and Facts: 1. Applicant / Representative: Rancho de Paraiso, LLC 6465 Alta Padera Lane Atascadero, CA 93422, 466-0932 2. Project Address: Santa Lucia, Laurel and Portal Roads, Atascadero, CA 93422; APN 054-181-019 and 030; 054-281-001 3. General Plan Designation: RE (Rural Estates — 2.5 to 10 acre minimum lot size) 4. Zoning District: RS (Residential Suburban) 5. Site Area: 77 acres 6. Existing Use: Single -Family Residence and Primary Native Woodlands 7. Environmental Status: Proposed Mitigated Negative Declaration 2005-0026 DISCUSSION: Background Surrounding Land Use and Setting: North: Residential Suburban East: Residential Suburban South: Residential Suburban West: Residential Suburban ITEM NUMBER: 3 DATE: 11-21-06 The General Plan and Zoning Ordinance identifies surrounding properties as residential suburban with a minimum lot size of 2.5 to 10 acres depending on performance standards. There have been several subdivisions in the past few years near this property and many of the resulting lots are still being developed. Analysis of Planning Issues Project Description The proposed project consists of a fourteen lot residential subdivision on an approximately 77 -acre parcel under the requirements of a PD -16 Overlay Zoning District. The lots will mainly be clustered along Santa Lucia and Laurel Roads and approximately 51 acres will be placed in an open space, wildlife corridor and tree conservation easement (see Exhibit C of Draft PC Resolution 2006-0097). The proposed lots range in size from 1.05 to 32.39 acres with building envelopes slopes of 20% or less. The project includes a request for modification to setbacks for proposed Lots 1, 7, and 8 and widening of Portal Road to meet emergency access standards. Santa Lucia Road IMP OFF;g Proposed New Driveways I Portal Road I NO • Laurel • • R � 'j fS ri �iy!r1 _ a N, pill,• � t IMP OFF;g Proposed New Driveways I Portal Road I ITEM NUMBER: 3 DATE: 11-21-06 Project Review Site Plan and Circulation As designed, the project would result in 7 lots with frontage on Santa Lucia, 4 lots with frontage on Laurel Road, and three lots from long driveways connecting to Portal Road. Currently, Portal Road ends in a cul de sac and its length exceeds emergency access standards. Prior to creating additional residential lots in this area, it is necessary to widen an existing second ingress/egress for lots taking access off of Portal Road. Tentative Map condition 23 requires that Portal Road be improved to an Emergency Access standard of 20 feet wide, with 16 feet of pavement and 4 feet of shoulder space. Slopes may not exceed 20 percent in for any 20 -foot length of roadway. ITEM NUMBER: 3 DATE: 11-21-06 Setbacks A modification from the standard 25 foot front setback to 20 feet is being requested for proposed Lot 1 in order to reduce impacts to native trees. The lot would front on Santa Lucia. The 5 foot reduction appears to be reasonable as it would reduce impacts to several native trees on site. A request for a rear setback modification on Lot 7 and a front setback for Lot 8 are also under consideration. Lots 7 and 8 share a common property line. A 5 foot reduction for the respective setbacks would allow for less impact to native trees. Lot 7 fronts on Santa Lucia and shares the "flag" portion of Lot 8 for access. If the setbacks are reduced, the future residences would be able to be located within 10 feet of each other. Landscape Design Prior to the recordation of the Final Map, Condition 8 of the Tentative Map requires that the applicant submit a Landscaping Plan for all cut slopes and disturbed areas for restoration of the site. The Landscaping Plan shall include a variety of native plants and trees and shall address erosion control and stormwater flows in accordance with Regional Water Quality Control Low Impact Development requirements. Tree Protection The project requires the removal of 24 native oak trees for road/driveway construction (15 Blue Oak, 5 Valley Oak and 4 Coastal Live Oak). The Arborist also prepared conceptual tree protection reports for the individual lots, but actual tree removal is unknown until such time as an applicant submits for a building permit. At this time, tree removal on the individual lots is not being proposed and future removals would be processed according to the City's Tree Ordinance. Mitigation measures have been incorporated into the project to reduce impacts from road and driveway improvements to native trees to a less than significant level. (Mitigation Measures 4.a.1, 4.b.1, 4.b.2, 4.e.1, 4.e.2) The Tree Mitigation Table bellows shows the required mitigation impact fees. ITEM NUMBER: 3 Project Benefits One of the required findings for approval of a Planned Development Rezone is that the project offers certain redeeming features to compensate for the requested modification. The table below summarizes the City Council Planned Development Benefits Policy. The Planning Commission must find that the project meets all of the Tier 1 benefits as underlined below. PD Location Tier 1 Benefits Tier 2 Benefits DATE: 11-21-06 a) Multi -Purpose Trails — dbh notes Core dbh notes Rural / Suburban 1 28 -inches Tree 33 1 36 -inches Tree 6 b) Recreational Areas / 2 11 -inches Tree 44 2 28 -inches Tree 8 3 42 -inches Tree 81 3 26 -inches Tree 10 4 14 -inches Tree 86 4 12 -inches Tree 11 5 5 14 -inches Tree 12 6 29 -inches Tree 26 7 22 -inches Tree 28 8 58 -inches Tree 31 9 8 -inches Tree 32 10 6 -inches Tree 35 11 13 -inches Tree 43 12 11 -inches Tree 45 13 18 -inches Tree 47 14 11 -inches Tree 62 15 27 -inches Tree 63 16 37 -inches Tree 64 17 14 -inches Tree 75 18 16 -inches Tree 76 19 16 -inches Tree 78 20 22 -inches Tree 79 Total 95 -inches Total 424 -inches 519 -inches Tree Fund Payment: $ 791.67 Tree Fund Payment: $ 7,066.67 $ 7,858.33 Project Benefits One of the required findings for approval of a Planned Development Rezone is that the project offers certain redeeming features to compensate for the requested modification. The table below summarizes the City Council Planned Development Benefits Policy. The Planning Commission must find that the project meets all of the Tier 1 benefits as underlined below. PD Location Tier 1 Benefits Tier 2 Benefits Outside of Urban a) Natural Open Space Preservation a) Multi -Purpose Trails — Core Equestrian / Bicycle / Rural / Suburban Pedestrian Areas b) Recreational Areas / PD -16 Facilities Custom PD's c) Historic Preservation This project proposes a natural open space preservation/wildlife corridor/tree conservation easement over approximately 60 acres of the property. See Exhibit C of Draft PC Resolution 2006-0097 attached to this staff report. ITEM NUMBER: 3 DATE: 11-21-06 Affordable Housing The City Council has implemented an Interim Inclusionary Affordable Housing Program to achieve affordable housing goals. This project will be subject to the Inclusionary Ordinance and staff is recommending that the project be assessed in - lieu fees at 5% of construction valuation for each new residence (TTM condition 10). Given the size of the proposed parcels, the applicant's intent to sell the parcels as vacant land, and the location of the project, it does not appear to be appropriate to require the applicant to build the required three inclusionary units in a custom housing tract. Tentative Tract Map A fourteen (14) lot Tract Map is proposed as part of the project consistent with the Master Plan of Development. The Tract Map has been conditioned by staff and the City Engineer to meet all City standards including street frontage improvements. The applicant will be required to record CC&R's for the map that will include maintenance and repair of roads and streets, any project drainage detention basins and the open space parcel regulations (TTM Condition 9). General Plan Consistency The project appears to be consistent with the goals and policies of the Land Use Element and the Housing Element. As conditioned, the project is consistent with the character of the surrounding neighborhood, and the General Plan's appearance review requirement. Findings: Conditional Use Permit (Master Plan of Development) As previously mentioned, a Master Plan of Development is required for the PD -16, approved through the Conditional Use Permit process. The Conditional Use Permit process provides the opportunity for the public and the Planning Commission to review the specifics of land use proposals, such as architectural design, site design, landscape, signage, and specific standards of the Zoning Ordinance. The following five findings must be made to approve a Conditional Use Permit: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The use and appearance is consistent with the residential suburban designation of the Plan and General Plan Land Use Element Policies. The project will preserve approximately 51 acres of natural open space. ITEM NUMBER: 3 DATE: 11-21-06 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD -16 Ordinance. Staff Comment: As conditioned, the project satisfies all PD -16 Zoning Code provisions, incorporating open space preservation, clustered lots, and building envelopes on slopes of less than 20 percent. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment: The proposed residential project will not be detrimental to the general public or working persons' health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The project has been designed to be consistent with the existing neighborhood character. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: The proposed project and use is consistent with the traffic projections and road improvements anticipated within the General Plan. A residential suburban subdivision in the proposed location is consistent and compatible with the surrounding residential neighborhood. The General Plan identifies this site as Residential Suburban with a maximum density of 1.0 dwelling unit per 2.5 to 10 acres (du/ac). Smaller lot sizes may be allowed through a Planned Development Overlay. The proposed 14 residential lots on 77 acres meets the minimum lot size based on the applicable performance standards. The project is consistent with the City's General Plan Land Use and Housing elements and with the conditioned improvements to Portal Road will not overburden the existing circulation system. Based on staff's analysis in the preceding sections, it appears that all of the required findings for approval of a Master Plan of Development (Conditional Use Permit) can be made. ITEM NUMBER: 3 DATE: 11-21-06 Proposed Environmental Determination Staff has prepared a Draft Mitigated Negative Declaration that was circulated to public agencies and interested members of the public on October 16, 2006. The Environmental Analysis identified concerns regarding potential impacts to aesthetics, air quality, biology, geology and soils, water quality, noise, and traffic. Mitigation measures pertaining to these areas are included. A finding is proposed that this project would not have a significant effect on the environment based upon the implementation of the identified mitigation measures. Staff is recommending the Commission recommend that the City Council certify Proposed Mitigated Negative Declaration 2005-0026. CONCLUSION: The proposed project is consistent with the General Plan and Atascadero Municipal Code, as analyzed within this staff report. The proposed project, as conditioned allows the Planning Commission to make all of the required findings for project approval recommendation to the City Council. ALTERNATIVES: 1. The Commission may recommend modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may recommend the City Council deny the project. The parcel would retain its designation of Residential Suburban. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Kerry Margason, Associate Planner ITEM NUMBER: 3 DATE: 11-21-06 ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Proposed Mitigated Negative Declaration and Initial Study Attachment 3: Draft Resolution of Approval Proposed Mitigated Negative Declaration Attachment 4: Draft Resolution of Approval Proposed Zoning Map Change Attachment 5: Draft Resolution of Approval Proposed Master Plan of Development Attachment 6: Draft Resolution of Approval Proposed Tentative Tract Map ITEM NUMBER: DATE: 11-21-06 Attachment 1: Location Map, General Plan and Zoning Existing Designations: -General Plan: Suburban Estates -Zoning District: Residential Suburban Proposed Designations: -General Plan: Suburban Estates -Zoning District: Residential Suburban / PD -16 ITEM NUMBER: DATE: 11-21-06 Attachment 2: Draft Mitigated Negative Declaration and Initial Study See following ITEM NUMBER: 3 DATE: 11-21-06 ATTACHMENT 3: Draft Resolution PC 2006-0094 PD -16 Master Plan of Development (CUP 2004-0134)/ZCH2O04-0089\/TTM 2004-0058 Draft Mitigated Negative Declaration DRAFT RESOLUTION PC 2006-0094 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL CERTIFY PROPOSED MITIGATED NEGATIVE DECLARATION 2005-0026 PREPARED FOR ZONE CHANGE 2004-0089, CONDITIONAL USE PERMIT 2004-0134 AND TENTATIVE TRACT MAP 2004- 0058 (TRACT 2672) APNS 054-181-019, 030; 054-281-001 (Santa Lucia/Portal/Laurel Roads/Rancho de Paraiso, LLC) WHEREAS, an application has been received from Rancho de Paraiso, LLC, 6465 Alta Pradera Lane, Atascadero, CA 93422), Applicant and Owner, to consider a project consisting of a Zone Change from RS (Residential Suburban) to RS / PD -16 (Residential Suburban with Planned Development Overlay #16) with the adoption of a Master Plan of Development, and a fourteen lot Tentative Tract Map on APNs 054-181-019, 030 and 054- 281-001; and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2005- 0026 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on November 21, 2006 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero, hereby resolves to recommend that the City Council certify Proposed Mitigated Negative Declaration 2005-0026 as shown on Exhibit A and based on the following Findings: 1. The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, 2. The Proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, 3. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project. ITEM NUMBER: 3 DATE: 11-21-06 4. The project will not achieve short-term to the disadvantage of long-term environmental goals. 5. The project does not have impacts which are individually limited, but cumulatively considerable. 6. The project will not cause substantial adverse effects on human beings either directly or indirectly. 7. Comments received from parties reviewing the document have been addressed and additional mitigation measures have been added to the proposed Mitigated Negative Declaration. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 11-21-06 Exhibit A Proposed Mitigated Negative Declaration 2005-0026 See Following ITEM NUMBER: 3 DATE: 11-21-06 ATTACHMENT 4: Draft Resolution PC 2006-0095 PD -16 Master Plan of Development (CUP 2004-0134)/ZCH 2004-0089) Approval of Proposed Zoning Map Change DRAFT RESOLUTION PC 2006-0095 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2004-0089, AMENDING THE OFFICIAL ZONING MAP DISTRICT OF APNS 054-181-019, 030; 054-281-001 FROM RS (RESIDENTIAL SUBURBAN) TO RS / PD -16 (RESIDENTIAL SUBURBAN WITH PLANNED DEVELOPMENT OVERLAY #16) (Santa Lucia/Portal/Laurel Roads/Rancho de Paraiso, LLC) WHEREAS, an application has been received from Rancho de Paraiso, LLC (6465 Alta Pradera Lane, Atascadero California, 93422), Applicant, and Owner, to consider a project consisting of a Zone Change from RS (Residential Suburban) to RS / PD -16 (Residential Suburban with Planned Development Overlay #17) with the adoption of a Master Plan of Development, and a fourteen lot residential Tentative Tract Map on APNs 054-181-019, 030; 054-281-001; and, WHEREAS, the site's General Plan Designation is SE (Suburban Estates); and, WHEREAS, the site's current zoning district is RS (Residential Suburban); and WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Official Zoning Map to protect the health, safety and welfare of its citizens by applying orderly development of the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on November 21, 2006, studied and considered Zone Change 2004- ITEM NUMBER: 3 DATE: 11-21-06 0089, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of a Zone Change to the Official Zoning May of Atascadero Designating a PD -16 Planned Development Overlay District. The Planning Commission finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 4. Proposed plans offer certain redeeming features to compensate for the requested modification. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on November 21, 2006, resolved to recommend that the City Council introduce for first reading, by title only, an ordinance that would rezone the subject site consistent with the following: 1. Exhibit A: Zone Change Map BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. ITEM NUMBER: 3 DATE: 11-21-06 On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 11-21-06 Exhibit A: Official Zoning Map Change 2004-0089 (Planned Development Overlay #16) Existing Designations: -General Plan: Suburban Estates -Zoning District: Residential Suburban Proposed Designations: -General Plan: Suburban Estates -Zoning District: Residential Suburban / PD -16 ITEM NUMBER: 3 DATE: 11-21-06 ATTACHMENT 5: Draft Resolution PC 2006-0096 PD -16 Master Plan of Development (CUP 2004-0134)/ZCH 2004-0089 Proposed Master Plan of Development DRAFT RESOLUTION PC 2006-0096 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE A MASTER PLAN OF DEVELOPMENT (CONDITIONAL USE PERMIT 2004-0134) FOR A PD -16 OVERLAY ZONE OF APNS 054-181-019,030; 054-281-001 AND NATIVE TREE REMOVAL (Santa Lucia/Portal/Laurel Roads/Rancho de Paraiso, LLC) WHEREAS, an application has been received from Rancho de Paraiso, LLC (6465 Alta Pradera Lane, Atascadero California, 93422), Applicant, and Owner, to consider a project consisting of a zone change from RS (Residential Suburban) to RS/PD-16 (Residential Suburban with Planned Development Overlay 16) with the adoption of a Master Plan of Development, and a fourteen lot residential Tentative Tract Map on APNs 054-181- 019, 030; 054-281-001; and, WHEREAS, the site's General Plan Designation is SE (Suburban Estates); and, WHEREAS, the site's current Zoning District is RS (Residential Suburban); and WHEREAS, General Plan SE Land Use Designation allows for the creation of residential suburban planned development projects with a maximum density of one unit per 2.5 to 10 acres based on performance standards, and Zoning Ordinance Article 28 allows Planned Development Overlay zones to be established to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics; and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Map to protect the health, safety and welfare of its citizens by applying orderly development and expanding housing opportunities within the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit establishing a Master Plan of Development application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, ITEM NUMBER: 3 DATE: 11-21-06 WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on November 21, 2006, studied and considered the Master Plan of Development (CUP 2004-0134), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD -16 Ordinance; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 6. The modification of setbacks for Lots 1, 7 and 8 are necessary to reduce impacts to native trees. SECTION 2. Findings for Approval of Tree Removal Permit. The Planning Commission finds as follows: The trees are obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: ■ Early consultation with the City; ■ Consideration of practical design alternatives; ■ Provision of cost comparisons (from applicant) for practical design alternatives; ITEM NUMBER: 3 DATE: 11-21-06 ■ If saving tree eliminates all reasonable uses of the property; or ■ If saving the tree requires the removal of more desirable trees. SECTION 3. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on November 21, 2006, resolved to recommend that the City Council approve Conditional Use Permit 2004-0134 subject to the following: 1. EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program 2. EXHIBIT B: Master Plan of Development 3. EXHIBIT C: Arborist's Report for Proposed Driveway Construction 4. EXHIBIT D: Preliminary Grading Plan 5. EXHIBIT E: Open Space/Wildlife Corridor/Tree Preservation Easement BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 11-21-06 EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program PD -16 Master Plan of Development (CUP 2004-0134)/ZCH 2004-0089) Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services Santa Lucia, Laurel, Portal GP: Grading Permit FD: Fire Department PD -16 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2004-0134/ZCH 2004-0089 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy Planning Services 1. The approval of this zone change and use permit shall become final BP PS and effective following City Council approval. 2. Approval of this Master Plan of Development shall be valid FM PS concurrently with the life of Tentative Tract Map 2004-0058 and then indefinitely following final map. The Master Plan of Development approval shall expire and become null and void unless a final map is recorded consistent with the approved tentative tract map 2004-0058 and this Master Plan of Development. 3. This master plan of development is for a clustered 14 -lot subdivision Ongoing PS in conformance with the provisions of a Planned Development 16. Density for this property has been met and there shall be no further subdivision of the property or the resulting lots. 4. Standard setbacks have been modified as follows: FM/BP PS/CE Lot 1 Front Setback = 20' minimum, all other setbacks per zoning ordinance. Lot 7 Rear Setback = 5" minimum, all other setbacks per zoning ordinance. Lot 8 Front Setback =5" minimum, all other setbacks per zoning ordinance (flag lot on Santa Lucia) 5. Subsequent changes to the Master Plan of Development shall be On-going PS approved by the Planning Commission, independent of Council action. 6. The Community Development Department shall have the authority to BP/FM PS approve the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps. 7. Revisions, changes, alterations or amendments to building Ongoing envelopes as shown on the tentative tract map and the additional map sheet recorded with the final tract map shall be approved by the Planning Commission through the processing of an amendment to this Master Plan of Development conditional use permit as shown in ITEM NUMBER: DATE: 11-21-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services Santa Lucia, Laurel, Portal GP: Grading Permit FD: Fire Department PD -16 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2004-0134/ZCH 2004-0089 TO: Temporary Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy Exhibit B attached hereto. 8. All site disturbance, septic systems (excluding leachfields), accessory Ongoing BS/PS buildings and second residential units shall be contained within the building envelopes. There shall be no site disturbance outside the building envelopes except that necessary for leachfields. 9. All subsequent Maps and construction permits shall be consistent BP/FM PS with the Master Plan of Development contained herein. 10. All site work, grading, and site improvements shall be consistent with BP/FM PS the Master Plan of Development as shown in Exhibit B. There shall be no site disturbance within 50 feet of the large oak tree near the southwest corner of the building envelope on Lot 12. An easement shall be placed around this for 50 feet from the existing trunk . This easement shall be reflected on the final map. 11. A final landscape and irrigation plan shall be approved prior to the BP PS recordation of the final map and issuance of building permits and included as part of the site improvement plans. This landscaping plan shall address all cuts, fills and disturbed areas associated with tract improvements. The plan shall call out in full detail slope stabilization and revegatation methods utilizing native plants and trees and shall conform to RWQCB Low Impact Development (LID) standards. 12. A project fencing detail shall be submitted for review and approval. BP PS Once approved by the Community Development Department, the fencing plan and details of approved fencing types shall be included in the CC&Rs for the project 12. Affordable Housing Requirement: At the time of development of FM, BP PS, CE each lot, the building permit shall be assessed a 5% of construction valuation fee for in -lieu affordable housing fees, consistent with the City Council's inclusionary housing policy. 13. Affordable Workforce Housing FM, BP PS, CE Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve 1/2 of the lots for sale to residents or workers within the City of Atascadero. The agreement shall include the following provisions: The lots 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 Atascadero resident or worker restriction shall apply to the ITEM NUMBER: DATE: 11-21-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services Santa Lucia, Laurel, Portal GP: Grading Permit FD: Fire Department PD -16 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2004-0134/ZCH 2004-0089 TO: Temporary Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy initial sale only; The applicant shall identify which lots will be reserved; and The City Attorney shall approve the final form of the agreement. 14. Tree mitigation shall include payment in the amount of $7,858.33 by BP, FM PS, CE the applicant in accordance with the City tree ordinance, for native tree removal mitigation. 15. Second units shall be prohibited on proposed Lots 4 and 5 in order to Ongoing PS ensure the driveway width will not exceed 12 feet maximum. 16. In conjunction with the recordation of the final tract map, the FM/ PS/CE developer shall record an Open Space/Tree Preservation/Wildlife Ongoing Corridor Easement reviewed and approved by the Community Development Department. These easements shall also be shown on the face of the final tract map and shall be consistent with the easement shown on the approved tentative tract map and/or Exhibit E attached hereto. The Open Space/Tree Preservation/Wildlife Corridor shall be restricted such that there shall be no site disturbance, construction, structures, grading, barbed wire fences or fences that block the passage of wildlife, or motorized vehicles within the easement area. There shall be no agricultural activities except for the intermittent grazing of cows for fuel modification, as approved by the City Fire Department. Building Services 17. A soils investigation prepared by a licensed Geotechnical BP FM Engineer is to be provided for the project. The report is to be provided at the time of building permit or subdivision improvement plan submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. Fire Marshal 18. Final street name selection shall be subject to staff approval. BP PS, BS 19. Provide a letter from the Atascadero Mutual Water Company BP BS stating the minimum expected water available to the site. Amount available must meet min. requirement specified in the California Fire Code. 20. Note approved address signage is to be provided. BP BS 21. Note on plans that fire lanes shall be delineated to restrict parking BP BS as required by the Fire Authority. ITEM NUMBER: DATE: 11-21-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services Santa Lucia, Laurel, Portal GP: Grading Permit FD: Fire Department PD -16 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2004-0134/ZCH 2004-0089 TO: Temporary Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy 22. Signing on restricted parking lanes shall be in conformance with FM PS/FD Fire Department Guidelines. Engineering Conditions: PROJECT SPECIFIC CONDITIONS Drainage: 23. Obtain approval by the City Engineer of the grading & drainage plan FM CE/PS and any storm drain design or facilities. 24. Submit calculations to support the design of any structures or pipes. FM 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. 25. Provide for the detention of the 50 year developed storm runoff, FM while metering out the 2 year undeveloped storm runoff. 26. Provide drainage analysis of project storm water flows and existing FM storm water flow. This project must mitigate any downstream impacts of the project storm water flows down stream or into any of the surrounding blue line creeks. 27. Show the method of dispersal at any/all pipe outlets. Include specifications for size & type. 28. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. 29. Concentrated drainage from off-site areas shall be conveyed across the project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easements 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: ITEM NUMBER: DATE: 11-21-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services Santa Lucia, Laurel, Portal GP: Grading Permit FD: Fire Department PD -16 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2004-0134/ZCH 2004-0089 TO: Temporary Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy 30. 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. 31. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 32. Full frontage improvements are required with this development. These include curb, gutter, and paveout. Public Improvement plans shall be submitted detailing the design. Cross sections shall be submitted detailing the existing and proposed crossfall on Santa Lucia, Laurel and Portal Roads. 33. Prior to issuance of building permits, the applicant shall submit a grading and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. STANDARD CONDITIONS 34. All public improvements shall be constructed in conformance with SIP the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 35. In the event that the applicant is allowed to bond for the public FM improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 36. An engineer's estimate of probable cost shall be submitted for review FM and approval by the City Engineer to determine the amount of the bond. 37. The Subdivision Improvement Agreement shall record concurrently FM ITEM NUMBER: DATE: 11-21-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services Santa Lucia, Laurel, Portal GP: Grading Permit FD: Fire Department PD -16 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2004-0134/ZCH 2004-0089 TO: Temporary Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy with the Final Map. 38. The applicant shall be responsible for the relocation and/or alteration SIP of existing utilities. 39. The applicant shall install all new utilities (water, gas, electric, cable SIP TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 40. The applicant shall monument all property corners for construction FM control and shall promptly replace them if disturbed. 41. The applicant shall acquire title interest in any off-site land that may FM be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 42. Slope easements shall be provided as needed to accommodate cut FM of fill slopes. 43. Drainage easements shall be provided as needed to accommodate FM both public and private drainage facilities. 44. The final map shall be signed by the City Engineer prior to the map FM being placed on the agenda for City Council acceptance. 45. Prior to recording the tract map, the applicant shall submit a map FM 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. 46. Prior to recording the tract map, the applicant shall set monuments FM at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. Prior to recording the final map, the applicant shall pay all outstanding plan check/inspection fees. 47. Prior to recording the map, the applicant shall complete all FM improvements required by these conditions of approval. 48. Prior to recording the tract map, the applicant shall have the map FM reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The ITEM NUMBER: DATE: 11-21-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services Santa Lucia, Laurel, Portal GP: Grading Permit FD: Fire Department PD -16 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2004-0134/ZCH 2004-0089 TO: Temporary Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy 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. 49. Upon recording the final map, the applicant shall provide the City FM with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 50. Prior to the final inspection of any public improvements, the applicant FM 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. 51. Prior to the final inspection, the applicant shall submit a written SIP certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 52. An encroachment permit shall be obtained prior to any work within SIP City rights of way. 53. Prior to the issuance of building permits the applicant shall submit a SIP grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. Atascadero Mutual Water Company 54. Before the issuance of building permits, the applicant shall submit BP BS 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. 55. Before the start of construction on the water system BP BS improvements, the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. 56. Before issuance of building permits, the applicant shall obtain a BP BS "Will Serve" letter from AMWC for the newly created lots within the subdivision. ITEM NUMBER: DATE: 11-21-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services Santa Lucia, Laurel, Portal GP: Grading Permit FD: Fire Department PD -16 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2004-0134/ZCH 2004-0089 TO: Temporary Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy 57. The applicant shall provide AMWC with easements for those water facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 58. The applicant shall submit a hydraulic analysis with the first plan 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. Mitigation Measures BP PS 1.c.1 Mitigation Measure 1.c.1: In order to mitigate any potential adverse impacts to the existing visual character and quality of the site, the following measures shall apply: ■ New construction shall not silhouette against the sky. ■ Grading and site disturbance shall not exceed what is necessary to construct roads, driveways, septic systems (including leach fields) and building sites. ■ Tree preservation easements shall be placed over oak woodland areas. ■ Native trees shall be planted along the edges of the roads and driveways to reduce overall visual impacts. ■ A landscape plan, prepared by a professional landscape company, shall be submitted for review and approval prior to issuance of grading or building plans. This plan shall address all areas of proposed site disturbance. ■ All disturbed areas shall be landscaped and restored in accordance with the approved landscape plan with native plants suitable to an oak woodland environment prior to completion of public improvements and/or individual building permits. • All native trees required to be planted as mitigation shall be 15 gallon size or greater and shall be double staked and caged against deer. BP PS 1.c.2 Mitigation Measure 1.c.2: All new construction shall submit color and material boards prior to applying colors/materials for staff approval. Colors shall be earth -tones, including roofing, and designed to blend with the surrounding environment to reduce visual impacts. BP PS 1.c.3 Mitigation Measure 1.d.1: All lighting shall be designed to eliminate any off site glare. All exterior site lights and building mounted lighting fixtures shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. ITEM NUMBER: DATE: 11-21-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services Santa Lucia, Laurel, Portal GP: Grading Permit FD: Fire Department PD -16 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2004-0134/ZCH 2004-0089 TO: Temporary Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy BP, GP PS, BS, CE 3.1 Mitigation Measure 3.1: Prior to any grading activities on the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if NOA is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Healthy and Safety Program for approval by the APCD. GP PS, BS, CE 3.2 Mitigation Measure 3.2: If utility pipelines are scheduled for removal or relocation; or building(s) are removed or renovated this project may be subject to various regulatory jurisdictions, including the requirements stipulated in the National Emission Standard for Hazardous Air Pollutants (40CFR61, Subpart M -asbestos NESHAP). These requirements include but are not limited to: 1) notification requirements to the District, 2) asbestos survey conducted by a Certified Asbestos Inspector, and 3) applicable removal and disposal requirements of identified ACM. Mitigation Measure 3.3: GP,BP BS,PS 3.3 ITEM NUMBER: 3 DATE: 11-21-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services Santa Lucia, Laurel, Portal GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department PD -16 Master Plan of Development FI: Final Inspection CE: City Engineer CUP 2004-0134/ZCH 2004-0089 TO: Temporary Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy Disturbances greater than 1 acre: Naturally Occurring Asbestos (NOA) has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If naturally occurring asbestos is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. These requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. Disturbances less than 1 acre : Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If Naturally Occurring Asbestos (NOA) is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. . If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Should Naturally Occurring Asbestos be identified within the area of construction, and the worked area will be less than or equal to one acre, then the dust control measures identified below are required. If the disturbed area is greater than one acre, additional requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. Dust Control Measures for Construction and Grading Operation Projects One Acre or Less: No person shall engage in any construction or grading operation on property where the area to be disturbed is one (1.0) acre or less unless all of the following dust mitigation measures are initiated at the start and maintained throughout the duration of the construction or grading activity: ■ Construction vehicle speed at the work site must be limited to fifteen (15) miles per hour or less; ■ Prior to any ground disturbance, sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; ■ Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; ■ Storage piles must be kept adequately wetted, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile; ■ Equipment must be washed down before moving from the property onto a paved public road; and ■ Visible track -out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four (24) hours. ITEM NUMBER: 3 DATE: 11-21-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services Santa Lucia, Laurel, Portal GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department PD -16 Master Plan of Development FI: Final Inspection CE: City Engineer CUP 2004-0134/ZCH 2004-0089 TO: Temporary Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy Mitigation Measure 3.4: The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. ■ Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: ■ Reduce the amount of the disturbed area where possible. ■ Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. ■ All dirt stock -pile areas should be sprayed daily as needed. ■ Permanent dust control measures identified in the approved project re -vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. • Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast -germinating native grass seed and watered until vegetation is established. ■ All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. ■ All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. ■ Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. ■ All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. ■ Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. ■ Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. ■ The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.a.1: Prior to vegetation removal a pre- BP, GP PS 4.a.1 construction/nestinq survey shall be completed by a qualified bioloqist to ITEM NUMBER: DATE: 11-21-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services Santa Lucia, Laurel, Portal GP: Grading Permit FD: Fire Department PD -16 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2004-0134/ZCH 2004-0089 TO: Temporary Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy assess any potential impacts to the red -legged frog or nesting raptors. All recommendations, if any, from the survey shall be implemented and incorporated into project construction. The preconstruction/nesting survey shall be completed no more than 14 days prior to issuance of grading or construction permits or tree removal permit issuance. Mitigation Measure 4.b.1: If the red -legged frog is found to be within the BP, GP, FO PS, BS 4.b.1 vicinity of any construction work, all work shall stop until the agencies with jurisdiction over endangered species have been contacted and have allowed the developer to proceed with the project. The City will require evidence that the California Department of Fish and Game and the United States Department of Fish and Wildlife have reviewed the project and are in agreement with the developer's proceeding with construction. Mitigation Measure 4.b.2: Open space and conservation easements shall FM, GP, PS 4.b.2 be placed over oak woodland areas and environmentally sensitive areas as noted in the Biological Assessment and the City of Atascadero's Native Tree inventory. These areas shall include the drainage swale on the southern portion of Lot 14, extending into lots 7, 8 and 9 and the Chamise scrub site. Mitigation Measure 4.e.1: The developer shall contract with a certified FM, GP PS, BS 4.3.1 arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining an arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of % inch granite covered with one -inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one -foot by one -foot pothole every four to ITEM NUMBER: DATE: 11-21-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services Santa Lucia, Laurel, Portal GP: Grading Permit FD: Fire Department PD -16 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2004-0134/ZCH 2004-0089 TO: Temporary Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 4.e.2: All tree removals shall be mitigated as BP PS 4.e.2 prescribed by the Atascadero Native Tree Ordinance. Mitigation Measure 5.d.1: Should any cultural resources be unearthed BP PS 5.a.1 during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. Mitigation Measure 5.d.2: In the event of the accidental discovery or BP PS 5.a.2 recognition of any human remains, the following steps shall be taken: ■ There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of the county in which the remains are discovered has been contacted to determine that no investigation of the cause of death is required, and to determine if the remains are of Native American heritage. If the remains are of Native American Heritage, the coroner shall contact the Native American Heritage Commission within 24 hours. Mitigation Measure 6.a.1: Prior to issuance of building permits the GP CE 6.a.1 applicant shall submit a geotechnical report that address potential seismic activity, soils erodability and septic suitability. Mitigation Measure 6.b.1: The grading permit application plans shall GP BS 6.b.1 include erosion control measures and storm water pollution prevention measures. If site disturbance exceeds one acre, a storm water pollution plan shall be submitted with grading plans for review and approval. Mitigation Measure 6.b.2: There shall be no grading or site disturbance GP BS, PS 6.b.2 activities within 10 feet of the drainage area located on the southern portion of proposed Lot 14 and extending into proposed Lots 7, 8, and 9. Mitigation Measure 6.b.3: The drainage swale shall be protected at all GP, BP BS, PS, CE 6.b.3 times, during construction, from sedimentation from nearby grading activities. ITEM NUMBER: DATE: 11-21-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services Santa Lucia, Laurel, Portal GP: Grading Permit FD: Fire Department PD -16 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2004-0134/ZCH 2004-0089 TO: Temporary Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy Mitigation 6.b.4: There shall be no grading or site disturbance within 20 GP, BP BS, PS, CE 6.b.4 feet of the outside edge of any riparian vegetation or the top of bank of the drainage swale, which ever is further. Mitigation Measure 6.c.: A soils report shall be required to be submitted BP BS, CE 6.c with a future building permit by the building department. Mitigation Measure 8.a.1: Septic systems and leach fields shall be a GP PS, BS, CE 8.a.1 minimum of 50 feet from the drainage swale on the property. GP PS, BS, CE 8.e.f.1 Mitigation Measure 8.e.f.1: A Storm water Pollution Prevention Plan (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of any grading/building permits. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The building/grading permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff and the blue line creek. Mitigation Measure 8.e.f.2: The developer is responsible for ensuring that GP PS, BS, CE 8.e.f.2 all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.d: All construction activities shall comply with the BP, GP PS, BS, CE 11.d 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 and Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. ITEM NUMBER: DATE: 11-21-06 Conditions of Approval / Mitigation Monitoring Program Santa Lucia, Laurel, Portal PD -16 Master Plan of Development CUP 2004-0134/ZCH 2004-0089 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Mitigation Measure 15.a.b.1: The project shall include the construction of BP, GP PS, BS, CE 15.a.b.1 full frontage improvements along Santa Lucia Road and improvement of Portal Road as approved by the City Engineer and per standards listed in the General Plan Circulation Element. Improvements are to include: ■ Widening and seal coating of Santa Lucia and Portal Roads as required by the City Engineer. ■ Improvement of Portal Road to provide for fire access and ingress/egress. ■ Portal Road shall be repaired and resealed as necessary, from the intersection of Escondido Road to the point of new construction for the emergency access. Mitigation Measure 16.c.2: Drainage retention basins may be required for GP, BP PS, BS, CE 16.c.2 some lots in the project site and shall be subject to the approval of the City Engineer. Basins shall be designed to accommodate all site runoff and each basin will be maintained, as designed, by future homeowners. ITEM NUMBER: DATE: 11-21-06 EXHIBIT B: PD -16 Master Plan of Development (CUP 2004-0134)/ZCH 2004-0089) ITEM NUMBER: DATE: 11-21-06 EXHIBIT C: Arborist Report for Proposed Driveway Development z i.`: a !It 005 C7PMENT P.O. Box 1311, Templeton, California 2-11-05 Rancho De Paraiso Road Improvements This tree protection plan was developed for road construction mitigations for the Rancho De Paraiso project. The area has coast live oaks (Quercus agrifolia), valley oaks (Quercus lobata) and blue oaks (Quercus douglasia). The road is planned to be constructed mainly on existing ranch roads, however, cut and fill will be necessary in many areas to achieve proper road width and drainage. All trees with 50"/a or greater impact due to root pruning are planned for removal. This plan does not take into account any individual house plans, only the road improvements. All trees that are adjacent to the road and planned to be saved shall be primed to proper clearance for the finished grade prior to any grading. All trees that are permitted to be removed shall be taken down without injuring any adjacent saved trees. If it can be engineered safely, the driveway entrance near tree #30 should be shifted to the north to decrease the impact. The drainage pipe near tree #69 should be shifted to the east. It is the responsibility of the owner to provide a copy of this tree protection plan to any and all contractors and subs that work within the drip line of any native tree. It is highly recommended that each contractor sign and acknowledge this tree protection plan. All trees potentially impacted by this project are numbered and identified on both the grading plan and the spreadsheet. Trees are numbered on the grading plans and in the field with an aluminum tag. Tree protection fencing is shown on the grading plan. In the field trees to be saved have yellow tape and trees to be removed have red tape. Tree Rating System A rating system of 1-10 was used for visually establishing the overall condition of each tree on the spreadsheet. The rating system is defined as follows: Ratiny Condition 0 Deceased 1 Evidence of massive past failures, extreme disease and is in severe decline. 2 May be saved with attention to class 4 pruning, insect/pest eradication and future monitoring. 3 Some past failures, some pests or structural defects that may be mitigated by class IV pruning. ITEM NUMBER: 3 DATE: 11-21-06 4 May have had minor past failures, excessive deadwood or minor structural defects that can be mitigated with pruning. 5 Relatively healthy tree with little visual structural and or pest defects. 6 Healthy tree that probably can be left: in its natural state. 7-9 Have had proper arboricultural pruning and attention or have no apparent structural defects. 10 Specimen tree with perfect shape, structure and foliage in a protected setting (i.e. park, arboretum). The following mitigation measures/methods must be fully understood and followed by anyone working within the drip line of any native tree. Any necessary clarification will be provided by us (the arborists) upon request. 1, Fencing: The proposed fencing shall be shown in orange ink on the grading plan. It must be a minimum of 4° high chain link, snow or safety fence staked at the edge of the drip line or line of encroachment for each tree or group of trees. The fence shall be up before any construction or earth moving begins. The owner shall be responsible for maintaining an erect fence throughout the construction period. The arborist(s), upon notification, will inspect the fence placement once it is erected. After this time, fencing shall not be moved without arborist inspection/approval. If the orange plastic fencing is used, a minimum of four zip ties shall be used on each stake to secure the fence. All efforts shall be made to maximize the distance from each saved tree. During monitoring visits, the arborist will note any down fences and the owner or designee shall repair or replace them. 2. Soil Aeration Methods: Soils within the drip line that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include water jetting, adding organic matter, and boring small holes with an auger (1.8" deep, 2-3' apart with a 24" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist(s) shall advise. 3. Chip Mulch: All areas within the drip line of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction. 4. Trenching Within Drip Line: All trenching within the drip line of native trees shall be hand dug, augured or bored. All major roots shall he avoided whenever possible. All exposed roots larger than l" in diameter shall be clean cut with sharp pruning tools and not left ragged. A Mandatory meeting between the arborists and grading contractor(s) must take place prior to work start. 5. Grading Within The Drip Line: Grading should not encroach within the drip line unless authorized. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the ITEM NUMBER: 3 DATE: 11-21-06 tree on a rapidly draining mound. This project will require grading within the drip line of many trees. Proper root pruning is essential and shall be monitored. 6. Exposed Roots: Any exposed roots shall be re-covered the same day they were exposed. If they cannot, they must be covered with burlap or another suitable material and wetted down 2x per day until re -buried. 7. Paving Within The Drip Line: Pervious surfacing is preferred within the drip line of any native tree. If pavers are required, the areas are outlined on the grading plans. Pavers must be interlocking with a minimum of 169/6 void space backfilled with pea gravel. Fabric shall be permeable. At this time, pavers will not be required for this project due to cut and 611 requirements. 8. Equipment Operation: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. Also there is to be no parking of equipment or personal vehicles in these areas. All areas behind fencing are off limits unless pre -approved by the arborist. 9. Existing Surfaces: The existing ground surface within the drip line of all oak trees shall not be cut, filled, compacted or pared, unless shown on the grading plans and approved by the arborist. 10. Construction Materials And Waste: No liquid or solid construction waste shall be dumped on the ground within the drip line of any native tree. The drip line areas are not for storage of materials either. 11. Arborist Monitoring: An arborist shall be present for selected activities (trees identified on spreadsheet and items bulleted below). The monitoring does not necessarily have to be continuous but observational at times during these activities. It is the responsibility of the owner(s) or their designee to inform us prior to these events so we can make arrangements to be present. It is the responsibility of the owner to contract (prior to construction) a locally licensed and insured arborist that will document all monitoring activities. Please note column ten on the spreadsheet for all trees requiring monitoring during construction activities. • pre -construction fence placement and tree well construction • any utility or drainage trenching within any drip line • All grading and trenching near trees requiring monitoring on the spreadsheet 12. Pre -Construction Meeting: An on-site pre -construction meeting with the Arborist(s), Owner(s), Planning Staff, and the earth moving team shall be required for this project. Prior to final occupancy, a letter from the arborist(s) may be required verifying the health/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall verify that the arborist(s) were on site for ITEM NUMBER: 3 DATE: 11-21-06 all grading and/or trenching activity that encroached into the drip line of the selected native trees, and that all work done in these areas was completed to the standards set forth above. 13. Pruning: Class I pruning includes deadwood removal along with selective thinning to lesson wind resistance. Class 4pruning includes -Crown reduction pruning shall consist of reduction of tops, sides or individual limbs. A trained arborist shall perform all pruning. No pruning shall take more than 25% of the live crown of any native tree. Any trees that may need pruning for road/home clearance shall be pruned prior to any grading activities to avoid any branch tearing. As some trees have been managed and/or improperly premed during the recent grading event, they must be rc- pruned by a trained arborist. 14. Landscape: All landscape under the drip -line shall be drought tolerant or native varieties. Lawns shall be avoided. All irrigation trenching shall be routed around drip lines; otherwise above ground drip -irrigation shall be used. It is the owner's responsibility to notify the landscape contractor regarding this mitigation. 15. Utility Placement: All utilities shall be placed down the road/driveway and when possible outside of the drip lines. It is the responsibility of the owner to have the engineer re-route trenching to areas of fill in the road. If this cannot be accomplished in certain areas, the use of an air spade will be required. The arborist shall supervise trenching within the drip line. All trenches in these areas shall be exposed by air spade or hand dug with utilities routed under/over the roots. The included spreadsheet includes trees listed by number, species and multiple stems if applicable, diameter and breast height (4.5'), condition (scale from poor to excellent), status (avoided, impacted, removed, exempt), percent of drip line impacted, mitigation required (fencing, root pruning, monitoring), construction impact (trenching, grading), recommended pruning and individual tree notes. The total number of trees that will need to be removed for this project is 24 with a total diameter of 460 diameter inches. If all the above mitigation measures are followed, we feel there will be no additional long-term significant impacts to the remaining native trees. Please let us know if we can be of any future assistance to you for this project. Steven G. Alvarez Certified Arborist #WC 0511 Chip Tamagni Certified Arborist #WE 6436-A L� TREE PROTECTION SPREAD SHEET 1 2 3 4 5 6 7 S 9 10 ITEM NUMBER: 3 DATE: 11-21-06 11 TREE TREE TRUNK TREE CONST DRIP -LINE CONST MITIGATION MONT PRUNING FIELD # SPECIES DBN CONDITION STATUS %IMPACT IMPACT PROPOSAL REQUIREn CLASS NOTES 1 VD 36 3 A 0% 10 fencing no 0% 2 VD 15 4 1 30% OR F, RP, M yes 10% 3 VO 28 4 1 10% OR fencing no 0% 4 VO 35 3 1 5% GR fencing no cavity in north scaffold 5 _ VD 27 4 1 7% GR fencing no 10% 6 BD X 2 36' 4 R 100% GR 2 R 100% 7 BOX 3 28 4 1 40% FILL F, M yes tree well 8 BOX 2 2W 4 R 100% FILL 1 R 50% 9 BO 17 4 1 20% FILL fencing no 0% 10 BD 29 3 R 100% GR 4 1 mistletoe 11 BD 12 3 R 100% OR 4 R suppressed 12 BO 14 3 _ R 100% GR 2 R 100% 13 BD X 2 10 4 1 5% FILL fencing no 100% 14 BO 30 1 4 4 35% GR F, RP, M s 30% 15 BO 19 3 1 10% GR F, RP, M yes, suppressed 16 BD 30 4 1 20% OR F, RP. M yes IV 17 BO 20 2 1 25% OR F, RP, M yes cavities present 18 BD 27 4 1 A 0% 24 fencing no 15% 19 VO 47 2 1 35% OR F. RP, M yes cavities, nesting holes 20 VO 28 3 1 35% GR F, RP, M yes 0% • PRF£• wsrLY CLOCFhMSE FROM DUE N 717 T - CDNSTRUCTIQNR CT TYPE GRADING CDNIPAGnON TREIeHING 7 - MEE TYPE GOUNN NAFE E WO - IRNLTE PAx I = WIGATION REOUIRE.ENT5 FERCNG, MWTOR"G ROOTMUWW,,. • TRUNKDUE RRf 9= ARFW TIpWMT C. R[DVIR2D Y SF14 n TREE CDRDITTON I • PDDR 16= E.DELLENT tD - PERSCRIBED PRUNING GLASS is .•. c .5MXMN SNITUSANL]YSED, 9 TED, ffi, f . 5• - FIELDNOTES B' DRIP -LIE P ENT OF WAC1E0 D"U* TREE PROTECTION SPREAD SHEET 1 2 3 4 6 R 7 A n 4n eA TREE TREE TRUNK TREE CONST 'DRIP -LINE CONST MITIGATION MO'NT PRUNING FIELD # SPECIES I DISH _CONDITION STATUS % IMPACT IMPACT PROPOSAL REQUIRED CLASS NOTES 21 BO 10 4 A 0% fencing no 22 BO 12 4 1 10% FILL fencing no 23 BO 12 4 A 0% no 24 VD 8 3 A 0% no suppressed 25 BO 9 4 I 10% FILL I fencing no tree well 26 BD 29 2 R 100% GR no bad cavity 27 VO 46 3 1 20% OR F. RP, M es bad cavity 28 VO 22 1 R 50% GR bad decaylcavity 29 LO X 3 1 57 2 A 0% fencina no bad deca loan' 30 BO 42 4 1 40% GR F, RP, M yes pose. move ci rwy north 31 BOX 2 29 4 R 100% 1 GR 32 BO 8 2 R 100% GR very suppressed 33 LO 28 3 R 100% GR 34 BO 15 3 1 30% FILL F, M yes tree well 36 BO 6 1 R 100% GR 36 BO 17 _ 3 P 30% FILL F, M es Itree well 37 BO 17 4 1 10%D FILL fencing no 38 BOX 2 24 3 1 15% FILL fenGin2 no 39 BO 24 3 A 0% fencing no 40 BO 12 3 A 0% 1 fencing no - ...__ _ .�_. ... ............� .. .. r - NAixTG GOF/PACTION TRENCHING; I- TREE I" comm MF KAw IE W.O= M TE QAK 9 • RRNJtTNNY FYQ11�R[NYNl9 FENCING, uONROR— ROOTPRVN�NG. -I • TRUNK DIANE aE 9• AROL MT MCNITONING REQUIRED YEST 5 -TREE C NDITIQN I •POOR, 10 • I: nFLLENT sD - PERBCRI9E6 -- WO CI. ASS fJ I - CONSTRUCTION STATUS AYGEIEO. WACTEO, RHfJvu.. 11 . FIELD NOTES 6 = DW LINE PERCENT QF SWACTFQ I—P{INE TREE PROTECTION SPREAD SHEET 1 2 3 A A 7 R a In ITEM NUMBER: 3 DATE: 11-21-06 AA TREE TREE ITRUNK TREE CONST DRIP -LINE CONST MITIGATIOM MONT PRUNINGI FIELD # SPECIES I DISH CONDITION STATUS %IMPACT IMPACT PROPOSAL REQUIRED CLASS I NOTES 41 VO 1 13 3 1 5% OR fencing no major cavity 42 BO 12 4 1 5% OR fencing no suppressed 43 BO 13 4 R 100% GR 44 _ LO 11 4 R 100% OR 45 R® 11 4 R _ 100% OR F. M yes I severe heart rot, tree well 46 VQ 19 4 1 35%D GR F, RP, M yes in decline 47 BOX 2 9 3 R 100%D GR suppressed 48 LOX21 32 4 1 20% FILL F, M yeS tree well 49 BO 1 21 2 1 20% GR F, RP, M yes storm breakage 50 BO 13 0 A 0% FILL fencing no dead 51 LO 12 4 1 2D% OR F, RP. M yes tree well 52 BO 18 4 I 45% ORP, M s rau" wall down slope 53 LO 20 3 I 20% OR F. M es tree well 54 BO 4 3 1 20% OR F. M es tree well 55 BO 4 3 1 20% TR , M s tree well 56 BO 17 4 1 10% TR cin no 57 BO 25 4 1 10% FILL ncin no58 78 BO 4 3 1 10% GR cin no IVsuppressed 59 LO 16 6 1 10% OR cin noO 80 1 LOX21 37 5 1 15% GR P, IN es 1poor crotch a. aRee r E tdaN.e.E E wo•awneax . +ano-.TroN ra.ouacue.,aTs EENcnq PEpNrtDPND PDDTORUNTG �, amRef D.EETER a aa- a . ePazRusT.ti�cerEQREw REQ.PRED rEsarD 4. 4PEE CDNDrtION 1.PQDH io, ExcEUETi EDD PRUNMG tL "�+ e. eoreTTmarTDN eTaiuPawNteD. wneno Re.Owa �,. rraO naaEs 6. DRNaeIE EEPC#Rl ps wpCTED MARK TREE PROTECTION SPREAD SHEET A 9 q A R R 7 R 4 111 11 TREE ' TREE TRUNK TREE CONST DRIP43NE CONST MITIGATION MONT PRUNING FIELD i/ SPECIES DISH CONDITION STATUS %IMPACT IMPACT PROPOSAL REQUIRED CLASS NOTES 61 VO 35 2 1 30% GR F, RP. M yes major cavity 62 BO 11 2 R 100% OR suppressed 63 BO 00 4 R 100% GR 64 BO AW 4 R 100% GR 65 BO 18 4 40% FILL F. M yes I severe heart rot, tree well 66 VO 1 36 1 —1 A 0% fencing no in decline 67 VO 25 0 dead 68 BO X 3 23 4 1 40% FILL F. M yes tree well 69 LO 14 4 1 4D% FILL F, M yes divert drain to Swale 70 VO 24 4 1 10% FILL fencing no 71 V_ O X 2 34 5 A 0% fencing 72 VO 16 4 1 400/6 FILL F, M yes tree well 73 VO 15 2 1 35% OR F. RP, M yes suppressed 74 VO 28 4 1 20% OR F. RP, M yes 75 VO 14 3 R 50% TR – 76 VO 16 4 R 5D°/D TR 77 VO 13 5 1 10% FILL fencing no 78 VO 16 3 R 50% GR 79 VO 22 4 R 50% OR 80 1 LOX21 34 1 4 1 1 30% GR F. RP. M I yes 1poor crotch t, n�ER I"G$— Ca� ETD. DIE RDTET I-ttnSTRUCfRn RAVPCf 9rVE GW.G CC�ALipN LPE N�1WG x -T ETYRe-Lt1MPaE TeaE a WD., WtiSE! [ B•u,Fi T"REQUIREWNT$:ENCW,�.—II4DRWTPRUI— wfETExQ� A-,r.}hBO T~WG REQUIRED YESe+O ♦-TREE COI®RIDEI E-P9dt ED - E/CEEIEIIT 10- DPRUNI- 5-LDNSINJCaIERlgTAIOS ANDEEED.Y TED RE. . I = fIE—TEs !. DRVAEE. REAGENT DE IMPACTED B m TREE PROTECTION SPREAD SHEET 2 3 4 5 6 7 8 ITEM NUMBER: 3 DATE: 11-21-06 9 10 11 TREE TREE TRUNK TREE CONST DRIP -LINE CONST MITIGATION MONT PRUNING FIELD # SPECIES DBH CONDITION STATUS % IMPACT IMPACT PROPOSAL REQUIRED CLASS NOTES 81 LOX 2 21 3 R 100% GR 82 LO X2 19 4 A 0% fencing no 83 LO X 2 11 3 1 15% GR fencing no suppressed 84 LO 1 17 4 1 15% GR I fencing no 85 VO 11 3 1 15% GR fencing no 86 LO 14 3 R 60% GR 87 VO 4 3 1 10% GR fencing no suppressed 88 LO 14 4 1 10% GR fencing no 89 LO 12 4 1 10% GR fencing no 90 LO 15 4 I 10% GR fencing no 91 LO 20 4 I 10% GR fencing no 92 LO 21 4 1 10% GR fencing no 93 LO 16 4 1 10% GR fencing no 94 LO 11 4 1 10% GR fencing no 95 LO 9 3 1 10% GR fencing no suppressed 96 LO 10 3 1 10% GR fencing no suppressed 97 LO 29 3 1 10% GR fencing no cavity 98 LO 17 5 A 0% fencing no 99 VO 9 3 A 0% fencing no suppressed 100 VO 33 5 A 0% fencing no 1 = TREE # MOSTLY CLOCKWISE FROM DUE NORTH 2 = TREE TYPE. COMMON NAME IE. W 0.= WHITE OAK 3 = TRUNK DIAMETER (tQ A'S" 4 = TREE CONDITION: i = POOR 10 = EXCELLENT 5 = CONSTRUCTION STATUS: AVOIDED, IMPACTED, REMOVAL 6 = DRIP -LINE: PERCENT OF IMPACTED DRIP -LINE 7 = CONSTRUCTION IMPACT TYPE. GRADING. COMPACTION. TRENCHING 8 = MITIGATION REQUIREMENTS: FENCING, MONITORING, ROOTPRUNING.. 9= ARBORIST MONITORING REQUIRED: VES/NO 10= PERSCRIBED PRUNING: CLASS I< 11 = FIELD NOTES 2/11/2005 Applicant: Name Mailing Address City, State, Zip Phone owl CITY OF ATASCADERO TREE REMOVAL PERMIT SECTION 11.05 B.5 TRP # ITEM NUMBER: DATE Arborist: Name Ob Mailing Address City, State, Zip O&C- lrl'1-2 699 ZSe S- Y31—ZS , Phone Reason for Removal:_or,I,r•,.r��•/ C�•,s,�tGrar, Site Address:— �� - LIST ALL TREES TO BE REMOVED: # SPECIES SIZE (dbh) NUMBER TO CONDITION OF HE REMOVED TREE 4, l4.j1+14 37 1 [�hrt' SrrC S i' At^ 19 p i J3 1 7 2. &41 I4�1i� f�Za 5 i %4144 3. ZQ, ►;tly ►k s c �SstiG ,, a. 5. 6. Property owner -certifies that they have read and understood Atascadero Municipal Code Section 9- 11.105. Tree removal is not to facilitate future development. A plot plan shall be included showing all proposed improvements on the property, trees to be removed, and trees to remain. The trees shall correspond with the numbers above. Signature of Property Owner Date Signature ofCerjoW Arborist Date Signature, City of Atascadero Date Certification #: A.-10 LY36 —994 COMMUNITY DEVELOPMENT DEPARTMENT 6905 EL CAMINO REAL, SUITE 6 ATASCADERO, CA 93422 (80S) 461-SWO 3 11-21-06 ITEM NUMBER: 3 DATE: 11-21-06 EXHIBIT D: PD -16 Master Plan of Development Preliminary Grading Plan Vmu • ' .l�":. _ _=,nsvaumrrf:l— t�ttt t --��---� ��-III♦111111_ I---I-I-I- ��II■II■I,11 111,�1111111� l.11■-II■II■- iii ,�....Ai�. ITEM NUMBER: 3 DATE: 11-21-06 �EM". .1m mn o.0 � mrma u �EM". .1m ITEM NUMBER: 3 DATE: 11-21-06 EXHIBIT E: Open Space/Wildlife Corridor/Tree Preservation Easement Area W.4 iii ; i"v. _iiiA�i Mil r _ r ITEM NUMBER: 3 DATE: 11-21-06 ZCH 2004-0089/TTM 2004-0058 Proposed Tentative Tract Map DRAFT RESOLUTION PC 2006-0097 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE TRACT MAP 2004-00589 A FOURTEEN LOT MAP CONSISTENT WITH A PD -16 OVERLAY ZONE ON APNS 054-181-019, 030; 054-281-001 (Santa Lucia/Portal/Laurel Roads/Rancho de Paraiso, LLC) WHEREAS, an application has been received from Rancho de Paraiso, LLC (6465 Alta Pradera Lane, Atascadero California, 93422), Applicant, and Owner, to consider a project consisting of a Zone Change from RS (Residential Suburban) to RS / PD -16 (Residential Suburban with Planned Development Overlay #16) with the adoption of a Master Plan of Development, and a fourteen lot Tentative Tract Map on APNS 054-181-019, 030; 054-281-001; and, WHEREAS, the site's General Plan Designation is SE (Suburban Estates); and, WHEREAS, the site's current Zoning District is RS (Residential Suburban); and, WHEREAS, the Planning Commission has recommended the site be rezoned to include a PD -16 overlay with a Master Plan of Development thereby allowing a clustered fourteen lot subdivision of the site; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Tract Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on November 21, 2006, studied and considered Tentative Tract Map 2004-0058, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, NOW, THEREFORE, the Planning Commission takes the following actions: ITEM NUMBER: 3 DATE: 11-21-06 SECTION 1. Findings of Approval for Tentative Tract Map: the Planning Commission of the City of Atascadero finds as follows: 1. The proposed subdivision, design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District #16 Master Plan of Development (CUP 2004-0134). 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. Covenants, Conditions and Restrictions (CC&R's) shall be required that incorporate the planned development conditions of approval to ensure that the site retains the qualities (open space, fencing, and landscaping) over time. 8. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on November 21, 2006, resolved to recommend that the City Council approve Tentative Tract Map (TTM 2004-0058) subject to the following: 1. Exhibit A: Tentative Tract Map 2004-0058 2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program. 3. Exhibit C: Open Space/Wildlife Corridor/Native Tree Conservation Easement 4. Exhibit D: Arborist Report for Driveway Construction 5. Exhibit E: Preliminary Grading Plan for Driveway Construction ITEM NUMBER: 3 DATE: 11-21-06 BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ABSENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Tentative Tract Map 2004-0058 ITEM NUMBER: 3 DATE: 11-21-06 rw 'Abdo �ir`i ITEM NUMBER: DATE: 11-21-06 Exhibit B: Conditions of Approval / Mitigation Monitoring Program Tentative Tract Map 2004-0058 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Santa Lucia, Laurel, Portal Roads SIP: Subdivision FD: Fire Department Tentative Tract Map TTM 2004-0058 Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Planning Services 1. The approval of this Tentative Tract Map shall become final and FM PS effective following approval of Zone Change 2004-0089 and CUP 2004-0134. 2. Approval of this Tentative Tract Map shall be valid for two years after FM PS its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the authority FM PS to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The Tract Map shall be subject to additional fees for park or FM PS recreation purposes (QUIMBY Act) as required by City Ordinance. 5. The granting of this entitlement shall apply to the property located at On going PS Santa Lucia, Laurel, Portal Roads (APNs 054-181-019, 030 and 054-281-001) regardless of owner. 6. The Final Map shall be drawn in substantial conformance with the FM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 7. The subdivider shall defend, indemnify, and hold harmless the City FM PS 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. 8. Prior to recordation of the final map the applicant shall submit, for BP PS review and approval: Fencing plan, including materials and treatments and a Landscaping plan for all disturbed site area. The landscape plan shall include a variety of native plants and trees and shall address erosion control and stormwater flows in accordance with Regional Water Quality Control Low Impact Development requirements ITEM NUMBER: DATE: 11-21-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Santa Lucia, Laurel, Portal Roads BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map TTM 2004-0058 Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 9. The applicant shall record CC&R's for the subdivision subject to the FM PS/CE review and approval of the City Engineer, City Attorney and Planning Services. The CC&R's shall identify the maintenance responsibilities of all drainage facilities, fencing, open space easement and any other common facilities. Any subsequent changes to the CC&R's related to items required by the Master Plan of Development or this approval shall be subject to City approval. 10. Affordable Housing Requirement: The applicant shall pay an in lieu FM, BP PS, CE fee equal to 5% of the construction valuation of each primary unit in the Tract at the time of building permit issuance. 11. The emergency services and facility maintenance costs listed FM PS/PW below shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and 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. 12. All tract maintenance costs listed below shall be 100% funded by the FM PS/PW project in perpetuity. The service and maintenance cost shall be funded through a Maintenance Agreement established by the developer subject to City approval. The Agreement must be in place prior to, or concurrently with acceptance of any final maps. The Agreement 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. 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. ITEM NUMBER: DATE: 11-21-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Santa Lucia, Laurel, Portal Roads BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map TTM 2004-0058 Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy All drainage facilities and detention basins. All creeks, flood plains, floodways, wetlands, and riparian habitat areas. 13. In conjunction with the recordation of the final tract map, the FM PS, CE developer shall record an Open Space/Tree Preservation/Wildlife Corridor Easement reviewed and approved by the Community Development Department. These easements shall also be shown on the face of the final tract map and shall be consistent with the easement shown on the approved tentative tract map and Exhibit C attached hereto. The Open Space/Tree Preservation/Wildlife Corridor shall be restricted such that there shall be no site disturbance, construction, structures, grading, barbed wire fences or fences that block the passage of wildlife, or motorized vehicles within the easement area. There shall be no agricultural activities except for the intermittent grazing of cows for fuel modification, as approved by the City Fire Department. 14. The applicant shall record an additional map sheet with the final map FM PS/CE that shows all building envelopes and easement areas. 15. Lots 2 and 3 shall share access off of Santa Lucia Road with a single BP PS/BS curb cut. Lots 7, 8 and 9 shall share access of off Santa Lucia Road with a single curb cut. Lots 11 and 12 shall share access off of Laurel Road with a single curb cut. 16. The developer shall install all access curb cuts and subdivision FM PS/CE improvements, including utilities, curb cuts and driveways as tract improvements prior to final map. 17. Proposed Lot 10 shall take access off Laurel Road. Only one curb Ongoing PS/BS/CE cut shall be allowed. 18. All site work, grading, and site improvements shall be consistent with Ongoing PS the Master Plan of Development as shown in Exhibit B. There shall be no site disturbance within 50 feet of the large oak tree near the southwest corner of the building envelope on Lot 12. An easement shall be placed around this for 50 feet from the existing trunk . This easement shall be reflected on the final map. Building Services 19. A soils investigation prepared by a licensed Geotechnical BP FM Engineer is to be provided for the project. The report is to be provided at the time of building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. ITEM NUMBER: DATE: 11-21-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Santa Lucia, Laurel, Portal Roads BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map TTM 2004-0058 Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Fire Marshal 20. All street names shall be reviewed and approved by the FM PS, FD, PD Community Development Department, the Fire Department, and the Police Department. Street names and addresses shall be approved and assigned prior to recordation of the final map. 21. Note on plans that fire lanes shall be delineated and signed to BP PS/FD restrict parking as required by the Fire Authority. Signing shall be as approved by the Fire Chief. 22. The common access and flag portion of Lot 8 shall be developed BP/FM PS/BS/CE/FD to a 20 foot paved standard consistent with emergency access requirements. Engineering Conditions: City Engineer Project Conditions 23. Applicant shall construct the extension of Portal Road to emergency BP CE access requirements equaling 16 feet of pavement with 4 feet of shoulder space. Slopes may not exceed 20% in any 20 -foot length. 24. Applicant shall resurface and repair all road frontages of the project GP, BP CE, BS consistent with the City's Municipal Code, including Santa Lucia, Laurel, Portal Roads. 25. The applicant shall repair Portal Road from the intersection of FM CE/PS Escondido to the new construction as required in Condition 19 above and Mitigation Measure 15.1.a.b. City Engineer Standard Conditions 26. In the event that the applicant bonds for the public improvements GP, BP CE required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 27. An engineer's estimate of probable cost shall be submitted for review GP, BP CE and approval by the City Engineer to determine the amount of the bond. 28. The Subdivision Improvement Agreement shall record concurrently FM CE with the Final Map. 29. A six (6) foot Public Utility Easement (PUE) shall be provided GP, BP CE contiguous to the property frontage. 30. The applicant shall acquire title interest in any off-site land that may GP, BP CE be required to allow for the construction of the improvements. The ITEM NUMBER: DATE: 11-21-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Santa Lucia, Laurel, Portal Roads BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map TTM 2004-0058 Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 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. 31. Slope easements shall be obtained by the applicant as needed to GP, BP CE accommodate cut or fill slopes. 32. Drainage easements shall be obtained by the applicant as needed to GP, BP CE accommodate both public and private drainage facilities. 33. A preliminary subdivision guarantee shall be submitted for review in FM CE conjunction with the processing of the tract map. 34. 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. 35. Prior to recording the tract map, the applicant shall pay all FM CE outstanding plan check/inspection fees. 36. Prior to recording the map, the applicant shall bond for or complete FM CE all improvements required by these conditions of approval. 37. Prior to recording the tract map, the applicant shall bond for or set FM CE monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 38. Prior to recording the tract map, the applicant shall submit a map FM CE drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 39. 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. 40. 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 ITEM NUMBER: DATE: 11-21-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Santa Lucia, Laurel, Portal Roads BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map TTM 2004-0058 Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy parcel map. 41. Prior to the issuance of building permits the applicant shall submit GP, BP CE plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. 42. Submit calculations to support the design of any structures or pipes. GP, BP 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. 43. Show the method of dispersal at all pipe outlets. Include GP, BP CE specifications for size & type. 44. Concentrated drainage from off-site areas shall be conveyed across GP, BP CE the project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement cannot be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. 45. Applicant shall submit erosion control plans and a Storm Water GP, BP CE Pollution Prevention Plan (SWPPP). A SWPPP is required where greater than 1 acre is disturbed by construction of the project. The Regional Water Quality Control Board shall approve the SWPPP. 46. All public improvements shall be constructed in conformance with GP, BP CE the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer 47. The on-site residential streets shall be improved consistent with the GP, BP CE Tentative Tract Map. 48. Off-site streets shall be improved consistent with the Tentative Tract GP, BP CE Map. 49. Alignment of frontage improvements shall be approved by the City GP, BP CE Engineer. 50. A mechanism to provide for the funding of maintenance for lighting, GP, BP CE street improvements, special paving surfaces, sewer, storm drain, common area landscape, open space, and/or hardscape shall be provided. 51. All utilities shall be undergrounded on project frontage GP, BP CE ITEM NUMBER: DATE: 11-21-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Santa Lucia, Laurel, Portal Roads BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map TTM 2004-0058 Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy AMWC Conditions 52. Before the issuance of building permits, the applicant shall submit AMWC plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All 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. 53. Before the start of construction on the water system AMWC improvements, the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. 54. Before issuance of building permits, the applicant shall obtain a AMWC "Will Serve" letter from AMWC for the newly created lots within the subdivision. 55. The water mains required to serve the project shall be laid out in a AMWC grid or looped pattern and shall connect to the existing water mains system in EI Camino Real (14" main). and to Tract 2577 (8" main), if possible. 56. The applicant shall provide AMWC with easements for those AMWC water facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 57. The applicant shall submit a hydraulic analysis with the first plan AMWC 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. Mitigation Measures Mitigation Measure 1.c.1: In order to mitigate any potential BP PS 1.c.1 adverse impacts to the existing visual character and quality of the site, the following measures shall apply: ■ New construction shall not silhouette against the sky. ■ Grading and site disturbance shall not exceed what is necessary to construct roads, driveways, septic systems (including leach fields) and building sites. ■ Tree preservation easements shall be placed over oak woodland areas. ■ Native trees shall be planted along the edges of the ITEM NUMBER: DATE: 11-21-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit BP: Building Permit PS: Planning Services BS: Building Services Santa Lucia, Laurel, Portal Roads SIP: Subdivision FD: Fire Department Tentative Tract Map TTM 2004-0058 Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy FI: Final inspection CA: City Attorney AMWC: Water Comp. F0: Final Occupancy roads and driveways to reduce overall visual impacts. ■ A landscape plan, prepared by a professional landscape company, shall be submitted for review and approval prior to issuance of grading or building plans. This plan shall address all areas of proposed site disturbance. ■ All disturbed areas shall be landscaped and restored in accordance with the approved landscape plan with native plants suitable to an oak woodland environment prior to completion of public improvements and/or individual building permits. ■ All native trees required to be planted as mitigation shall be 15 gallon size or greater and shall be double staked and caged against deer. BP PS 1.c.2 Mitigation Measure 1.c.2: All new construction shall submit color and material boards prior to applying colors/materials for staff approval. Colors shall be earth -tones, including roofing, and designed to blend with the surrounding environment to reduce visual impacts. BP PS 1.c.3 Mitigation Measure 1.d.1: All lighting shall be designed to eliminate any off site glare. All exterior site lights and building mounted lighting fixtures shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. BP, GP PS, BS, CE 3.1 Mitigation Measure 3.1: Prior to any grading activities on the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if NOA is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Healthy and Safety Program for approval by the APCD. GP PS, BS, CE 3.2 Mitigation Measure 3.2: If utility pipelines are scheduled for removal or relocation; or building(s) are removed or renovated this project may be subject to various regulatory jurisdictions, including the requirements stipulated in the ITEM NUMBER: DATE: 11-21-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Santa Lucia, Laurel, Portal Roads SIP: Subdivision FD: Fire Department Tentative Tract Map TTM 2004-0058 Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy National Emission Standard for Hazardous Air Pollutants (40CFR61, Subpart M -asbestos NESHAP). These requirements include but are not limited to: 1) notification requirements to the District, 2) asbestos survey conducted by a Certified Asbestos Inspector, and 3) applicable removal and disposal requirements of identified ACM. Mitigation Measure 3.3: GP,BP BS,PS 3.3 Conditions of Approval / Mitigation Monitoring Program Santa Lucia, Laurel, Portal Roads Tentative Tract Map TTM 2004-0058 ITEM NUMBER: 3 DATE: 11-21-06 Timing Responsibility Mitigation /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services SIP: Subdivision FD: Fire Department Improvement Plans PD: Police Department FM: Final Map CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Disturbances greater than 1 acre: Naturally Occurring Asbestos (NOA) has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If naturally occurring asbestos is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. These requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. Disturbances less than 1 acre : Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If Naturally Occurring Asbestos (NOA) is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. . If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Should Naturally Occurring Asbestos be identified within the area of construction, and the worked area will be less than or equal to one acre, then the dust control measures identified below are required. If the disturbed area is greater than one acre, additional requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. Dust Control Measures for Construction and Grading Operation Projects One Acre or Less: ■ No person shall engage in any construction or grading operation on property where the area to be disturbed is one (1.0) acre or less unless all of the following dust mitigation measures are initiated at the start and aintained throughout the duration of the construction or grading activity: ■ Construction vehicle speed at the work site must be limited to fifteen (15) miles per hour or less; ■ Prior to any ground disturbance, sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; ■ Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; ITEM NUMBER: DATE: 11-21-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit BP: Building Permit PS: Planning Services BS: Building Services Santa Lucia, Laurel, Portal Roads SIP: Subdivision FD: Fire Department Tentative Tract Map TTM 2004-0058 Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Mitigation Measure 4.a.1: Prior to vegetation removal a pre- BP, GP PS 4.a.1 construction/nesting survey shall be completed by a qualified biologist to assess any potential impacts to the red -legged frog or nesting raptors. All recommendations, if any, from the survey shall be implemented and incorporated into project construction. The preconstruction/nesting survey shall be completed no more than 14 days prior to issuance of grading or construction permits or tree removal permit issuance. Mitigation Measure 4.b.1: If the red -legged frog is found to be BP, GP, FO PS, BS 4.b.1 within the vicinity of any construction work, all work shall stop until the agencies with jurisdiction over endangered species have been contacted and have allowed the developer to proceed with the project. The City will require evidence that the California Department of Fish and Game and the United States Department of Fish and Wildlife have reviewed the project and are in agreement with the developer's proceeding with construction. Mitigation Measure 4.b.2: Open space and conservation FM, GP, PS 4.b.2 easements shall be placed over oak woodland areas and environmentally sensitive areas as noted in the Biological Assessment and the City of Atascadero's Native Tree inventory. These areas shall include the drainage swale on the southern portion of Lot 14, extending into lots 7, 8 and 9 and the Chamise scrub site. Mitigation Measure 4.e.1: The developer shall contract with a FM, GP PS, BS 4.3.1 certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: ■ A written agreement between the arborist and the developer outlining an arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. ■ 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 ITEM NUMBER: DATE: 11-21-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit BP: Building Permit PS: Planning Services BS: Building Services Santa Lucia, Laurel, Portal Roads SIP: Subdivision FD: Fire Department Tentative Tract Map TTM 2004-0058 Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy FI: Final inspection CA: City Attorney AMWC: Water Comp. F0: Final Occupancy 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. ■ As specified by the arborist report and City staff: ■ Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of 3/4 inch granite covered with one -inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one -foot by one -foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. • Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction - related tree protection measures are no longer required for tree protection. Mitigation Measure 4.e.2: All tree removals shall be mitigated BP PS 4.e.2 as prescribed by the Atascadero Native Tree Ordinance. Mitigation Measure 5.d.1: Should any cultural resources be BP PS 5.a.1 unearthed during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. ITEM NUMBER: DATE: 11-21-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Santa Lucia, Laurel, Portal Roads BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map TTM 2004-0058 Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Mitigation Measure 5.d.2: In the event of the accidental BP PS 5.a.2 discovery or recognition of any human remains, the following steps shall be taken: There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of the county in which the remains are discovered has been contacted to determine that no investigation of the cause of death is required, and to determine if the remains are of Native American heritage. If the remains are of Native American Heritage, the coroner shall contact the Native American Heritage Commission within 24 hours. Mitigation Measure 6.a.1: Prior to issuance of building GP CE 6.a.1 permits the applicant shall submit a geotechnical report that address potential seismic activity, soils erodability and septic suitability. Mitigation Measure 6.b.1: The grading permit application GP BS 6.b.1 plans shall include erosion control measures and storm water pollution prevention measures. If site disturbance exceeds one acre, a storm water pollution plan shall be submitted with grading plans for review and approval. Mitigation Measure 6.b.2: There shall be no grading or site GP BS, PS 6.b.2 disturbance activities within 10 feet of the drainage area located on the southern portion of proposed Lot 14 and extending into proposed Lots 7, 8, and 9. Mitigation Measure 6.b.3: The drainage swale shall be GP, BP BS, PS, CE 6.b.3 protected at all times, during construction, from sedimentation from nearby grading activities. Mitigation 6.b.4: There shall be no grading or site GP, BP BS, PS, CE 6.b.4 disturbance within 20 feet of the outside edge of any riparian vegetation or the top of bank of the drainage swale, which ever is further. Mitigation Measure 6.c.: A soils report shall be required to BP BS, CE 6.c be submitted with a future building permit by the building department. ITEM NUMBER: DATE: 11-21-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit BP: Building Permit PS: Planning Services BS: Building Services Santa Lucia, Laurel, Portal Roads SIP: Subdivision FD: Fire Department Tentative Tract Map TTM 2004-0058 Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy FI: Final inspection CA: City Attorney AMWC: Water Comp. F0: Final Occupancy Mitigation Measure 8.a.1: Septic systems and leach fields GP PS, BS, CE 8.a.1 shall be a minimum of 100 feet from the drainage swale on the property. Mitigation Measure 8.e.f.1: A Storm Water Pollution GP PS, BS, CE 8.0.1 Prevention Plan (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of any grading/building permits. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The building/grading permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff and the blue line creek. Mitigation Measure 8.e.f.2: The developer is responsible GP PS, BS, CE 8.e.f.2 for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.d: All construction activities shall BP, GP PS, BS, CE 11.d comply with the 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 and Sunday ■ Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. ■ The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. ■ Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. ITEM NUMBER: DATE: 11-21-06 Conditions of Approval / Mitigation Monitoring Program Santa Lucia, Laurel, Portal Roads Tentative Tract Map TTM 2004-0058 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 15.a.b.1: The project shall include the BP, GP PS, BS, CE 15.a.b.1 construction of full frontage improvements along Santa Lucia Road and improvement of Portal Road as approved by the City Engineer and per standards listed in the General Plan Circulation Element. Improvements are to include: ■ Widening and seal coating of Santa Lucia and Portal Roads as required by the City Engineer. ■ Improvement of Portal Road to provide for fire access and ingress/egress. ■ Portal Road shall be repaired and resealed as necessary, from the intersection of Escondido Road to the point of new construction for the emergency access. Mitigation Measure 16.c.2: Drainage retention basins may GP, BP PS, BS, CE 16.c.2 be required for some lots in the project site and shall be subject to the approval of the City Engineer. Basins shall be designed to accommodate all site runoff and each basin will be maintained, as designed, by future homeowners. ITEM NUMBER: DATE: 11-21-06 Exhibit C: Tentative Tract Map 2004-0058 Open Space/Wildlife Corridor/Tree Preservation Easement ITEM NUMBER: DATE: 11-21-06 Exhibit D: Tentative Tract Map 2004-0058 Arborist's Report F . ox 1311, Templeton, California 93465 2-11-05 Rancho De Paraiso Road Improvements This tree protection plan was developed for road construction mitigations for the Rancho De Paraiso project. The area has coast live oaks (Quercus agrifolia), valley oaks (Quercus lobata) and blue oaks (Quercus douglasii). The road is planned to be constructed mainly on existing ranch roads, however, cut and fill will be necessary in many areas to achieve proper road width and drainage. All trees with 50% or greater impact due to root pruning are planned for removal. This plan does not take into account any individual house plans, only the road improvements. All trees that are adjacent to the road and planned to be saved shall be pruned to proper clearance for the finished grade prior to any grading. All trees that are permitted to be removed shall be taken down without injuring any adjacent saved trees. If it can be engineered safely, the driveway entrance near tree #30 should be shifted to the north to decrease the impact. The drainage pipe new tree #69 should be shifted to the east. It is the responsibility of the owner to provide a copy of this tree protection plan to any and all contractors and subs that work within the drip line of any native tree. It is highly recommended that each contractor sign and acknowledge this tree protection plan. All trees potentially impacted by this project are numbered and identified on both the grading plan and the spreadsheet. Trees are numbered on the grading plans and in the field with an aluminum tag. Tree protection fencing is shown on the grading plan. In the field trees to be savcd have yellow tape and trees to be removed have red tape. Tree Rating System A rating system of I-10 was used for visually establishing the overall condition of each tree on the spreadsheet. The rating system is defined as follows: Ratine Condition 0 Deceased 1 Evidence of massive past failures, extreme disease and is in severe decline. 2 May be saved with attention to class 4 pruning, insect/pest eradication and future monitoring. 3 Some past failures, some pests or structural defects that may be mitigated by class IV pruning. ITEM NUMBER: DATE: 11-21-06 4 May have had minor past failures, excessive deadwood or minor structural defects that can be mitigated with pruning. S Relatively healthy tree with little visual structural and or pest defects. 6 Healthy tree that probably can be left in its natural state. 7-9 Have had proper arboricultural pruning and attention or have no apparent structural defects. 10 'Specimen tree with perfect shape, structure and foliage in a protected setting (i.e. park, arboretum). The following mitigation measures/methods must be fully understood and followed by anyone working within the drip line of any native tree. Any necessary clarification will be provided by us (the arborists) upon request. 1, Fencing: The proposed fencing shall be shown in orange ink on the grading plan. It must be a minimum of 4' high chain link, snow or safety fence staked at the edge of the drip line or line of encroachment for each tree or group of trees. The fence shall be up before any construction or earth moving begins. The owner shall be responsible for maintaining an erect fence throughout the construction period. The arborist(s), upon notification, will inspect the fence placement once it is erected. After this time, fencing shall not be moved without arborist inspectionlapproval. If the orange plastic fencing is used, a minimum of four zip ties shall be used on each stake to secure the fence. All efforts shall be made to maximize the distance from each saved tree. During ,monitoring visits, the arborist will note any down fences and the owner or designee shall repair or replace them. 2. Soil Aeration Methods: Soils within the drip line that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include wateryetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with a 2-4" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist(s) shall advise. 3. Chip Mulch: All areas within the drip line of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture„ soil structure and reduce the effects of soil compaction. 4. Trenching Within Drip Line: All trenching within the drip Pane of native trees shall be hand dug, augured or bored. All major roots shall be avoided whenever possible. All exposed roots larger than 1" in diameter shall be clean cut with sharp pruning tools and not left ragged. A Mandatory meeting between the arborists and grading contractor(s) must take place prior to work start. 5. Grading Within The Drip line: Grading should not encroach within the drip line unless authorized. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the ITEM NUMBER: DATE: 11-21-06 tree on a rapidly draining mound. This project will require grading within the drip line of many trees. Proper root pruning is essential and shall be monitored. 6. Exposed Roots: Any exposed roots sball be re-covered the same day they were exposed. If they cannot, they must be covered with burlap or another suitable material and wetted down 2x per day until re -buried. 7. Paving Within The Drip Line: Pervious surfacing is preferred within the drip line of any native tree. If pavers are required, the areas are outlined on the grading. plans. Pavers must be interlocking with a minimum of 10% void space backfilled with pea gravel. Fabric shall be permeable. At this time, pavers will not be required for this project due to cut and fill requirements. 8. Equipment Operation: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. Also there is to be no parking of equipment or personal vehicles in these areas. All areas behind fencing are off limits unless pre -approved by the arborist. 9. Existing Surfaces: The existing ground surface within the drip line of all oak trees shall not be cut, filled, compacted or pared, unless shown on the grading plans and approved by the arborist. 10. Construction Materials And Waste: No liquid or solid construction waste shall be dumped on the ground within the drip line of any native tree. The drip line areas are not for storage of materials either. 11. Arborist Monitoring: An arborist shall be present for selected activities (trees identified on spreadsheet and items bulleted below). The monitoring does not necessarily have to be continuous but observational at times during these activities. It is the responsibility of the owner(s) or their designee to inform us prior to these events so we can make arrangements to be present. It is the responsibility of the owner to contract (prior to construction) a locally licensed and insured arborist that will document all monitoring activities. Please note column ten on the spreadsheet for all trees requiring monitoring during construction activities. pre -construction fence placement and tree well construction . any utility or drainage trenching within any drip line • All grading and trenching near trees requiring monitoring on the spreadsheet 12. Pre -Construction Meeting: An on-site pre -construction meeting with the Arborist(s), Owner(s), Planning Staff, and the earth moving team shall be required for this project. Prior to final occupancy, a letter from the arborist(s) may be required verifying the health/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall verify that the arborist(s) were on site for ITEM NUMBER: DATE: 11-21-06 all grading and/or trenching activity that encroached into the drip line of the selected native trees, and that all work done in these areas was completed to the standards set forth above. 13. Pruning: Class I pruning includes deadwood removal along with selective thinning to lesson wind resistance. Class 4 pruning includes -Crown reduction pruning shall consist of reduction of tops, sides or individual limbs. A trained arborist shall perform all pruning. No pruning shall take more than 25% of the live crown of any native tree. Any trees that may need pruning for road/home clearance shall be premed prior to any grading activities to avoid any branch tearing. As some trees have been damaged and/or improperly pruned during the recent grading event, they must be re - pruned by a trained arborist. 14. Landscape: All landscape under the drip -line shall be drought tolerant or native varieties. Lawns shall be avoided, All irrigation trenching shall be routed around drip lines; otherwise above ground drip -irrigation shall be used. It is the owners responsibility to notify the landscape contractor regarding this mitigation. 15. Utility Placement: All utilities shall be placed down the road/driveway and when possible outside of the drip lines. It is the responsibility of the owner to have the engineer re-route trenching to areas of fill in the road. If this cannot be accomplished in certain areas, the use of an air spade will be required. The arborist shall supervise trenching within the drip line. All trenches in these areas shall be exposed by air spade or hand dug with utilities routed under/over the roots. The included spreadsheet includes trees listed by number, species and multiple stems if applicable, diameter and breast height (4.5'), condition (scale from poor to excellent), status (avoided, impacted, removed, exempt), percent of drip line impacted, mitigation required (fencing, root pruning, monitoring), construction impact (trenching, grading), recommended pruning and individual tree notes. The total number of trees that will need to be removed for this project is 24 with a total diameter of 460 diameter inches. If all the above mitigation measures are followed, we feel there will be no additional long -tern significant impacts to the remaining native trees. Please let us know if we can be of any future assistance to you for this project. Steven G. Alvarez Certified Arborist #W C 0511 Chip Tamagni Certified Arborist #WE 6436-A TREE PROTECTION SPREAD SHEET 1 2 3 4 5 6 7 a 9 10 ITEM NUMBER: 3 DATE: 11-21-06 11 TREE TREE I TRUNK TREE CONST DRIP^LINE CONST 'MITIGATION MONT PRUNING FIELD >k SPECIES D8H CONDITIONSTATUS IMPACT IMPACT PROPOSAL REQUIRED CLASS NOTES 1 VO 36 3 A _/. 0% fencingno 130 12 2 VO 15 _ 4 1 30% GR F, RP, 'M s 12 3 VO 28 4 1 10% GR fencingno VO 8 4 VO 35 3 1 5% GR fencing no cavity in north scaffold. 5 VO 27 4 1 7% GR fencing no 29 6 BO X 2 W 4 R 100% GIR 27 VO 48 7 BO X 3 28 4 1 40% FILL F. M I yes tree well _ 8 BOX 2 JW 4 R 100% FILL 29 LO X 3 57 9 BO 17 4 1 20% FILL fencing no 42 10 BO w 3 R 100% GR 31 80 X 2 mistletoe 11 BO 12 3 R 100% GR 32 BO _ suppressed 12 BO 14 3 R 100% GIR 33 LO _ 13 BOX 2 10 4 1 5% FILL fencing no 15 14 BCI 30 4 1 35% GR F, RP, M yes B 15 BO 19 3 1 10% GR F, RP, M es suppressed 16 BO 30 4 1 20% GR F, RP, M yes IV 17 BO 20 2 1 25% GR F, RP, M es cavities present 18 BO 27 4 A 0% fencing no 24 19 VO 47 2 1 35% GR F, RR M yes cavities, nesting holes 20 VO 28 3 1 35% GR F, RR M yes • TREE. M05TLY CAOOK M FROM OLS NORTH T = OE}N$TRW(:TION NPACT TYPE .—ING COMPACTNRi. TRENPNMCr 2 = TREE TTPE COMMON NAME IE. W 4.= WME OM A ^ MITIGATION REQUJREMENT3 FENOWQ, MONRORING, R9OTPRO . 3. 1 RUNN Ou.IFTER G W 0 - ARBORIST MONITORMG REOMED. YE.SMO <'TREE C0N 0.,= POOR 10= EXLELEENI 10+ PERBCRIRED PRLININ3. CLASS 14 ti+ WNSI Rut 1104 S1AIU3 AY IDEO RARAC11:0NLMO Ai Ia • EIELD NOTES 8 • DRIPLWE KKENT W WACb U dip'{INE TREE PROTECTION SPREAD SHEET _$ A S a 7 a a 4 •� TREE TREE TRUNK. TREE CONST DRIP -LINE CONST IMITIGATION MONT IPRUNING FIELD A SPECIES DBH CONDITION 'STATUS V.IMPACT IMPACT PROPOSAL REQUIRED CLASS NOTES 21 130 10 4 A G% fencing no 22 130 12 4 10% FILL fencing no 23 BO 12 4 A 0% no 24 VO 8 3 A 0% no su ressed 25 1 BO 9 4 1 10% 1 FILL fencing no tree well 26 Bp 29 2 R 100% GR no bad cavity 27 VO 48 3 1 20% GR F, RP, M yes bad cavity 28 V0 22 1 R 50% GR bad decay/cavity 29 LO X 3 57 2 A 0% fencing no bad decay/cavity 30 BO 42 4 1 40% GR F, RP, M es pass. move d north 31 80 X 2 29 4 R 100% OR 32 BO 8 2 R 100% GR very wippressed 33 LO 28 3 R 100% GR 34 30 15 3 1 30% FILL F. M es tree well 35 BO B 1 R 100% GR 36 BO 17 3 1 30% FILL F, M yes tree well 37 130 17 4 1 109% FILL fencin no 38 BOX 2 24 3 1 15% FILL fencing no 39 BO 24 3 A 0% fencing no 40 1 BO 12 3 A 0% encing no • .. !dxM%x1 NAYE ICw D•'mnTE Out E+NRIS.SIpN:g000,REMENTS fENONd. IIDEInORlIG RO2ITPRUNPIG s• rRtw.P+x TiR ps5' s- AABCNISP 11aNrt[Nutc REWwEP �`E&r10 . - rnEE ccwanPN , . FOPR ,o• I.cEUENT w�o,rarr.c aAss r� --CDN9TRUC',rest SiARM lSW.bEP.EwACTED. frE1gY.L „•F,ElD 1�TL5 s RRw-1,NE RERDENT MIWntI[nogra lNE TREE PROTECTION SPREAD SHEET 1 2 3 d S R 7 Q C 111 ITEM NUMBER: 3 DATE: 11-21-06 44 TREE TREE ITRUNK TREE CONST DRIP-LINEJ CONST MITIGATION MONT PRUNING FIELD A SPECIES 1 DBN CONDITION STATUS %IMPACT IMPACT_ PROPOSAL REQUIRED CLASS NOTES 41 V© 13 3 1 5% GIRfencin major cavity no BO 42 130 12 4 1 5%D GR fencing no 130 43 BO 13 4 R 100%D GR 64 BO 44 LO 11 4 R 100% GR 65 1 BO 45 BO 11 4 R 100%D GR Isevere heart rot, tree well 66 Vb 46 VO 19 4 1 35%D GR F, RP, M yes V0 47 BOX 2 9 3 R 100°% GR dead 68 suppresser) 48 LO X 2 32 4 1 20% FILL F, M yes tree well 49 BO 21 2 1 20% GR F, RR M yes storm breakage 50 BO 13 0 A 0%D no _ fencing 71 dead 51 L0 12 4 1 1 20%D 1 GR F. RP, M I yes tree well 52 BO 18 4 1 45% GR F, RP, M yes I gravitywa11 down slope 53 LO 1 20 3 1 20% FILL. F. M yes tree well 54 E10 1 4 3 1 20% FILL F, M yes tree well 55 80 4 3 1 20% FILL F, M yes tree well 56 BO 17 4 1 10% FILL fencing no VO 57 130 25 1 4 1 10% FILL fencing no VQ 58 BO 4 3 I 10% FILL fencinnp 79 IV suppressed 69 LO 16 6 1 10% FILL fencin no TLo X 2 60 B0 37 5 1 15% GR F, RP, M yps ' � ' �w^^'�M+ ' = CON5TNIICAIOM WPACT TYPE GNMIIY, �pAFt�T]QN. iRENCMINC ?=SAFE TYPE CO/9RDN NME EW.D.=1NIIPPE OAN P• MIT CATION REQMEMENTS FEN G MONIYOA.0 RWTRE RMINC S- TRUNK O"E TER 01'e 9, ,ARBORIST NdwTORlIrt; RFOINREO YESMO 1- TREE GfXKATTON I =POOR. ID • EF.CBLENT a0 • PERSCRIDID PAIJNIND CLh �< S• C STRI.CTa ETATI -AIDED, �D. RE4MWAL aI = FIELD NOTES 6- WIPARE PERCENT0FWACTEDDAi41!( TREE PROTECTION SPREAD SHEET 1 9 1{ A 5 R 7 8 9 113 11 TREE TREE TRUNK TREE CONST DRIP -LINE CONST MITIGATION MONT PRUNING FIELD 9 SPECIES DSH CONDITION STATUS %IMPACT IMPACT PROPOSAL REQUIRED_ CLASS NOTES 61 V0 35 2 1 30% GR F. RP, M yes major cavity 62 BO 11 2 R 100% GR sup reseed 63 130 00 4 R 100% GR 64 BO &vo 4 R 100% GR 65 1 BO 1 18 4 1 1 40% 1 FILL F, M I yes Isevere heart rot, tree well 66 Vb 36 1 A 0% fencing no in decline 67 V0 25 0 dead 68 BCD X 3 23 4 1 40°% FILL F, M yes tree well 69 Liz 14 4 1 40% FILL F, M yes divert drain to Swale 70 VC} 24 4 1 10% FILL fencing no _ 71 VOX 2 34 5 A 0% fencing 72 VO 16 4 1 40°% FILL F, M yes tree well 73 VQ 15 2 1 35% GR F, RP, M yes suppressed 74 Vfl 28 4 1 20°% GR F, RP, M yes 75 V© 14 3 R 50% TR 76 VO 16 4 R 50°/o TR 77 VO 13 5 1 10°% FILL fenclna no 78 VQ 16 3 R 90°% GR 79 1 VO 22 4 R 50°% GR 80 TLo X 2 34 4 1 30% GR F, RP, M yes e2or crotch TREE F M05TL CLC,rt MBE FROM DIE RM7 • GONSTRIICT14N Wt l TYPE GIMDIEG L01@ALAp! T- 2- TRE('S PENCNNG2-TREE'S CC—MNNMEiEWo-WAnEWI( s - NAKiATION REOUaELENFs. FENCm. MDNRDAN4.RDDTPAlPM1G., A•TININN —W — a . , 9-,Rmmi MDIs op REONIRED YESMD f•TREE CONDI11 i POOR. W-"CEEEENF D+PERB[!!ffiEO PRWNO G1188 �+ S=CONE fwuI:.N[.+N slalub k5b6ED, UUIDACTED PEMO4+Te 1� • FELOROWS !. DPFd.fiE nEPCENT OF—nTEODIWi TREE PROTECTION SPREAD SHEET 4 ITEM NUMBER: DATE 10 11 TREE TREE TRUNKI TREE CONST DRIP -LINE CONST MITIGATION1 MONT PRUNING1 FIELD # SPECIES DBH CONDITION STATUS % IMPACT IMPACT PROPOSAL REQUIRED CLASS NOTES 81 LOX 2 21 3 R 100% GR 82 LO X 2 19 4 A 0% fencing no 83 LO X 2 11 3 1 15% GR fencing no suppressed 84 LO 17 4 1 15% GR fencing no 85 VO 11 3 1 15% GR fencing no 86 LO 14 3 R 60% GR 87 VO 4 3 1 10% GR fencing no suppressed 88 LO 14 4 1 10% GR fencing no 89 LO 12 4 1 10% GR fencing no 90 LO 15 4 I 10% GR fencing no 91 LO 20 4 1 10% GR fencing no 92 LO 21 4 1 1 10% 1 GR fencing no 93 LO 16 4 1 10% GR fencing no 94 LO 1 11 4 1 10% GR fencing no 95 LO 9 3 1 10% GR fencing no suppressed 96 LO 10 3 1 10% GR fencing no suppressed 97 LO 29 1 3 1 10% GR fencing no cavity 98 LO 17::[ 5 A 0% fencingno 99 VO 9 3 A 0% fencing no suppressed 100 VO 33 5 A 0% fencing no 1 - TREE N: MOSTLY CLOCKWISE FROM DUE NORTH ] = CONSTRUCTION IMPACT TYPE. GRADING. COMPACTION, TRENCHING 2 = TREE TYPE: COMMON NAME IF W.O.= WHITE OAK 8 = MITIGATION REQUIREMENTS: FENCING, MONITORING, ROOTPRUNING. 3 = TRUNK DIAMETER C 4'6" 9 = ARBORIST MONITORING REO UIRED. YESINO 4 = TREE CONDITION. i = POOR 10 = EXCELLENT 10 = PERSCRIBEO PRUNINGCLASS 14 S = CONSTRUCTION STATUS: AVOIDED, IMPACTED. REMOVAL 11 = FIELD NOTES 6 = DRIP -LINE: PERCENT OF IMPACTED DRIP -LINE 2/1112005 3 11-21-06 Applicant: Name Mailing Address City, State, Zip Phone owl CITY OF ATASCADERO TREE REMOVAL PERMIT SECTION 11.05 B.5 TRP # ITEM NUMBER: DATE Arborist: Name Ob Mailing Address City, State, Zip O&C- lrl'1-2 699 ZSe S- Y31—ZS , Phone Reason for Removal:_or,I,r•,.r��•/ C�•,s,�tGrar, Site Address:— �� - LIST ALL TREES TO BE REMOVED: # SPECIES SIZE (dbh) NUMBER TO CONDITION OF HE REMOVED TREE 4, l4.j1+14 37 1 [�hrt' SrrC S i' At^ 19 p i J3 1 7 2. &41 I4�1i� f�Za 5 i %4144 3. ZQ, ►;tly ►k s c �SstiG ,, a. 5. 6. Property owner -certifies that they have read and understood Atascadero Municipal Code Section 9- 11.105. Tree removal is not to facilitate future development. A plot plan shall be included showing all proposed improvements on the property, trees to be removed, and trees to remain. The trees shall correspond with the numbers above. Signature of Property Owner Date Signature ofCerjoW Arborist Date Signature, City of Atascadero Date Certification #: A.-10 LY36 —994 COMMUNITY DEVELOPMENT DEPARTMENT 6905 EL CAMINO REAL, SUITE 6 ATASCADERO, CA 93422 (80S) 461-SWO 3 11-21-06 ITEM NUMBER: DATE: 11-21-06 Atasradero Municipal Code 9-11.105 Tree Removal. (a) Permit Required. Except as set forth in subsection (b) below, a tree removal permit shall be required for the removal of any deciduous native tree two (2) inches dbh or greater and four (4) inches dbh or greater for all other protected native trees, and for pruning of more than twenty -Five percent (25"/) of the live canopy in native trees. Any private or public entity doing regular maintenance in the City may seek a blanket pruning permit that may be renewed on a yearly basis. (b) Exemptions. The following are exempt from the permit requirements of this chapter: (1) Emergency situations which cause hazardous or dangerous conditions that have serious potential to cause immediate damage to persons or improvements on real property. Such situations must be reported to the City within forty-eight (48) hours; (2) Trees planted, grown and maintained as part of a licensed nursery or tree farm business; (3) Tree pinning that affects less than twenty-five percent (25%) ofa. tree's live canopy within one year's time. The pruning shall be done according to current tree pruning standards as adopted by the international Society of Arboriculture; (4) Trees removed as part of an approved "tree management plan' (5) Single family residences in single family zoning districts where a permanent dwelling exists and building or grading permits are not being sought. (c) Application for Tree Removal. (1) Early Consultation. All applicants are encouraged to consult with the Community Development Department before site development that may involve any tree removal. Early consultation shall be a factor used in determining whether proposed improvements can be reasonably designed to avoid the need for tree removal. (2) Content The content of the tree removal application all pemmt shall be in a formas established -by the Community Development Director. The applicant must provide the factual data to make the required findings) as required in this chapter. (3) Fees. Application fees shall be established by resolution of the City Council. Fees shall not be required for applications for the removal of dead or diseased trees, as defined in subsection (d)(2)(i) of tbis section. (4) Arborist Report. Wherr•applicable by this chapter, the applicant is required to submit a tree conditipn report prepared by an arborist selected and retained by the City. The applicant s611 reimburse the City for all costs related to the preparation of the report. (5) Posting. All native trees proposed for removal shall be identified by the applicant for field inspection as ad forth in the Guidelines. When a tree removal permit is issued, the City shall post a copy of the permit in City Hall and the appiimt will post a copy on-site for a public appeal period of five (5) business days. (d) Review and Approval. (I ) Authority. The Planning Commission shall make decisigns regarding all tree removal application requests involving trees twenty-four (24) inches dbh or larger. All other tree removal application decisions Drill be made by the Community Development Department. (2) Required Findings. At least one of the following findings must be made in order to approve a tree -removal application: (i) The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an arborist; (ii) The tree is crowded by other healthier native trees; thinning (removal) would prtidote healthier growth in the tees to remain, as certified by a tree condition report from an arborist (iii) The tree is interfering with existing utilities and/or structures, as certified by a report from the site planner, (iv) The tree is inhibiting, sunlight needed fofexisting andror proposed active or passive solar heating OC wQling, as cert[fipd by a report from the site planner; (v) The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the neefor tree removal, as certified by a report from the site planner and determined by the Community Development Department based on the following factors: a. Early consultation with the City, b. Consideration of practical design alternatives, c. Provision of cost comparisons (from applicant) for practical design alternatives, d. if saving tree eliminates all reasonable use of the property, or e. If saving the tree requires the removal of more desirable trees. (3) Evaluative Criteria for Tree Removal. The following criteria wilt be considered when evaluating each tree removal application: (i) The potential effect that tree removal could have on topography, knowing that hilltops, ravines, streambeds and other natural watercourses are more environmentally sensitive than flat or gentle sloping lands; (ii) The potential effect that tree removal could have on soil retention and erosion from increased flow of surface waters; (iii) The potential effect that tree removal could have on the ambient and future noise level; (iv) The potential effect that tree removal could have an the ability of existing vegetation to reduce air movement and wind velocity; (v) The potential effect that tree removal could have on significantly reducing available wildlife habitat or result in the displacement of desirable species; (vi) Aesthetics, (vii) The number, size, species, condition and location of trees to be removed;. (viii) The special need to protect existing blue and valley oaks because of regeneration problems; ([x) The cumulative environmental effects of tree removal. (4) Conditions of Approval. Tree removal permits shall be conditioned by one or more of the following methods: (i) Depending on the characteristics of the site the applicant may plant replacement trees on site. This method shall include payment in advance for three (3) site inspections during a four (4) year establishment period; (ii) Payment of fee to the Tree Replacement Fund; (iii) Establishment of conservation easements, which will restrict removal of any tree within a designated area of the property. (Ord. 354 § 2 (part), 1998) Cityhall%C3vlpmntTomisT[anninglTrceRcmova[Fermit.doe Exhibit E: Tentative Tract Map 2004-0058 Preliminary Grading Plan for Driveways -__ �_:� ice=• .�:�,i , WX , Ei ITEM NUMBER: 3 DATE: 11-21-06 I�ry ' .' \r.- I__ - -_ten r�4 i1•%�Yic��:_ ss7a �pT—mac- �- ........................... ss7a �pT—mac- �- ITEM NUMBER: DATE q A A 1111 AC 1111 -.-- - -- r l L -w 1 ~•• 47 Lot �♦ ' MAN 1 AL a-- - I �'' �..,.... `l. �� I\, %\ / lll,lrrl (fll((�llll •,„,!. ..._ `MN •i7 1\ \ i �//� �C��_ © ,..� NOO.Iw+MSR Wy 11 -� / �rJf 111 rl� j t\ j�( /// � //�`�� r .�......�.."•'�LL- ,'lljl 171 i —'��// It►1 I IIIIIY ! 11 llll1111 // / J.P6aAYR_ �rJf 111 rl� j t\ j�( /// � //�`�� r .�......�.."•'�LL- �� - i q � • - PI! ili - - - Jr. ITEM NUMBER: 4 DATE: 11-21-06 Atascadero City Planning Commission Staff Report - Community Development Department Reconsideration Tentative Tract Map 2003-0029 (TRACT 2515) Encino Avenue Messer RECOMMENDATION: Adopt Resolution No. PC 2006-0093 approving the Reconsideration of Tentative Tract Map 2003-0029 consistent with certified Mitigated Negative Declaration 2003-0044, based on findings and conditions of approval. REPORT -IN -BRIEF: The City Council originally approved Tentative Tract Map 2003-0029 on November 25, 2003. The applicant was in the process of completing project conditions for the Final Map and installing public improvements, when it was discovered that the Tentative Map had expired on November 25, 2005. The applicant is now requesting a reconsideration of Tentative Tract Map 2003-0029 in order to reinstate the map and complete the Final Map process. The tract improvements are nearly complete and the Final Map is in plan check. 1. Property Owners: Don Messer, PO Box 1958, Atascadero, CA 93423, 466-0549 J. Michael Finch, 6445 N. Palm Avenue, Suite 101, Fresno, CA 93704, (559) 439-9300 2. Applicant: Don Messer, PO Box 1958, Atascadero, CA 93423 3. Project Location: Encino Avenue between Atajo Avenue and Chauplin Road, APN 031-091-005, 006, 008, 009, 031-092-016 4. General Plan Designation: SFR -Z (Single -Family Residential 1.5 — 2.5 acre minimum lot size) 5. Zoning District: 6. Site Area: 7. Existing Use: 8. Environmental Document DISCUSSION: ITEM NUMBER: 4 DATE: 11-21-06 Zoning District: RSF- Z (Residential Single -Family 1.5 — 2.5 acre minimum lot size) 4.5. acres Subdivision currently under construction with two single family homes. Certified Mitigated Negative Declaration 2003-0044: Notice of Determination Filed 12/18/03 Background: This application is a resubmittal of a previously approved Tract Map that has expired. Tentative Tract Map 2003-0029 was recommended for approval by the Planning Commission on October 7, 2003, and was approved by City Council on November 25, 2003. The approval allowed the adjustment of six (6) existing Colony lots ranging in size from 0.53 acres (gross) to 1.19 acres (gross) into six (6) re -configured lots ranging in size from 0.58 acres (gross) to 1.19 acres (gross). The project map has not changed since it was initially approved by the City Council. The applicant is requesting the reconsideration so that the City can accept the tract improvements and approve the Final Map. The project has been the subject of multiple lawsuits brought against both the City and the applicant. Although the project has prevailed in court against the first suits, additional suits have been filed and are still pending. Analysis: The site is in an area of moderate to steeply sloping hillsides in the Residential Single Family — Z (RSF-Z) Zoning District. The majority of the site is covered by a coastal oak woodland with a blue line creek to the south of the project. The original 1914 Atascadero Colony map created six (6) lots and the Encino Avenue Road reservation within the project area. The existing 1914 Colony lot pattern is shown below. The applicant original requested the Tract Map to reconfigure the six lots to minimize grading, minimize tree removals, and avoid crossing the blue line creek. The Tentative Map reconfigures the lots as shown on the next page and does not create any new lots. Encino Road, which bisects the site, has always been shown as a through street since the 1914 map. When the map was approved by Council, the project was conditioned that Encino Road be completed to provide a secondary emergency access for the existing and future neighborhoods. Encino Road was conditioned to be narrowed and realigned to minimize grading and tree removals. The applicant has nearly completed the Encino Road project improvements. Chauplin Avenue Blue Line Creek I b {ilk= o "Zft. I P7 FS Atajo Road 0 FI V ITEM NUMBER: 4 DATE: 11-21-06 Approved 2003 Project Design :II ! f End of Encino Road Pavement Realigned Encino pi , ' 1I Road Emergency • �` N •� Access pi , ' 1I ,h• � , 'f • �` N •� �� Vy�7 `��r 1 , � ' � U ` Q 0 z �6Wy 11 II ;', `�� Shared Driveways 1 \\ , h I I .,•, ii 61 �. Ol61if 6. 0 •t•06 •�0��i�t�7i�N �� '� ` � � � � � 1, 11111) I I Shared Driveways , ; w r, 1!1! 3 Existing 1914 Colony Lot Pattern Atajo Avenue with 6 historic Colony lots I Encino Avenue � Proposed Tentative Tract Map with 6 reconfigured lots ® � WNK MTFR COPNIY ® wev�x ecrm. unm, us nu.da AW ® MPnv�k nets collmrvAtlol us�olr. NntRm •u.. © xeuc utun cw�orr ewe 1.9 ITEM NUMBER DATE: Project Site 4 11-21-06 I Blue Line Creek I b C H A U P L I N A V E. 8— — 1 c � Jnr as _ 6 22 20 / - - --- - Atajo Road ,r� Mo R o�mr — � / WT 5 esT J� n ham, . w: vv m K > v / k 13 M2 NO AVE. O L � ti t0� K TENTATI VES TRACT 251 Encino Road ITEM NUMBER: 4 DATE: 11-21-06 Native Trees The project site is heavily wooded with native live oak trees. There were 337 trees that were surveyed and tagged for the tree inventory and likely more than an additional 100 un -surveyed trees that were completely avoided by the project. As part of the original project approval, 133 native trees were approved for removal. Mitigation for these tree removals was satisfied with the recording of native tree conservation easements. During the course of the project construction, discrepancies regarding the Tree Protection Plan and inventory were discovered. The project was stopped and the City required the applicant to hire a new City -supervised Project Arborist to reconcile the Tree Protection Plan and monitor the site during construction. The amended Tree Protection Plan was approved by the City on June 22, 2005 at which time the project was permitted to resume construction (see next page). This amended Tree Protection Plan is incorporated into the proposed Tentative Map. The Native Tree Reconciliation Report identified an additional 12 trees that had been removed, consisting of 127 dbh inches of non -deciduous live oaks. The applicant has paid tree mitigation fees in the amount of $1108 plus a 100% penalty fee for removal of these trees without a permit in accordance with the Native Tree Ordinance and City policy. The applicant has attempted to save approximately ten trees that were approved for removal. Those trees are being monitored by the arborist and appear to be doing well. Wilson Land Surveys has also provided a letter explaining the discrepancy in the Tree Protection Plan for the initial Tentative Tract Map. This letter is included in this Staff Report as Attachment 5. The project Arborist (A&T) has provided a letter, dated September 27, 2006, which is included in this Staff Report as Attachment 3. The letter states that some of the smaller trees on the property appear to be doing very well and there are some specific trees which need additional attention. Specifically, tree #1-55 was recently damaged when a limb from an adjunct tree fell and stripped a significant portion of the trees bark from the trunk. This tree may need to be removed in the future and should be bonded for and monitored. Staff is recommending an additional condition of approval requiring the applicant to address the trees identified in A&T's letter of September 27, 2006 (condition No. 57 & 58). A tree located along the southwestern side of Encino Road has recently died. This is a three (3) stem live oak (Impacted Tree #137) with a total dbh of 13 -inches. The Arborist monitored this tree during construction and believes that adequate tree protection measures were taken during construction. However, due to the trees original poor condition and stress from construction the tree died (refer to Attachment # 4 for Arborist Report). Staff is recommending that the tree be replace by new on site plantings per the Arborist's recommendation (condition No. 59). Opp 77, Aff 17 ITEM NUMBER: 4 DATE: 11-21-06 #} ¢ . oe is June 22, 2006 Amended Tree Protection Plan eed�e�• /i'/ / � ///!— i%ice' - � @ �: a Ax lzl I CL xx Ilk- /„�f/ /+1' g 4/ G !” pl+t� �w r✓ri ',!'ri ' 4J dIa a R �, / •. / lli h � i�4+%'r�r� � � / / ��/�E/ / ��/,r, p .IF a F., 9 E 19 ,j' `• ' _ �+ ' 6 8888 y \\\u1H�r. �� • III11 '%/ �Vj" /� �y'�"-�.E�/ /`� �� p'�� o� �Q y � � Rj z .E .�� A ..€ 'Ij l � I�`/ � / Fi:4wiugi9��ieicScSi� �I. 1111 II 7 AA I Ip1P I fl n t -b :�xoy'Sf: 11\ \1// ///!!llir � ,� '� �/ � �f6llga3114114@iiillltliae��xlg y 1 11 11 l r11 II��1 I 111 � +� F p■ y f f %� 1 I< \ \ '/ � h � � 99999599999 C9p)2 ■ �� 4 $giklAlAwr= EE 7B 9gg99g9999p s s99s 9 . y4+ �4.« .g 'ilk €€1l116i111 � F�@ � ...... t„�„ I g ■ � 9 g999999g99g999'��t9gsl9s[!9l199999999999g9l99999p`sgs9sgss999gg99ss9r999�s9l9s4gg4[ssss99gs }•p.$A1laaabs=:SLFE@gFLhaFkk!!1'LYha9.k•L,aCl..k81'LgNYa-h:`-n9,!^_4}$y,h_YY:+w9t..41�I.:.; •�•�yY`�6 ts5 ed1iiiai 41112 i CECC Mt f nen nn ni gni ii.1aft1 11 9§91 Of HH 51H 1 cM12 !lilieauea191iaalsiieces¢erten:uai6uleiilusli@@@@@@@@@@'eEE'e'eEE as@@@@@@@@@@@t"@�!"y@!@= f \ `7,\ I \ 94999 9gs999 g 4ttt SLA9t=98[9�'4999g9s94s pC ■1 g : at9laVlE9��b�$f 994p 9 999 989999 9999998 9999g999�999199999g99 gg99g \ pyy b t:.:Mi9w`-'*L9?Y6Y4$YL$9sYk99Aawsk$4=YYkil.a6!r \\ \ \ 11 I I 3 .I teltE ?E@@3! E iEF:cE@��i@12��lWcs�pi i..........:..:�:�_G_8:9�E1iL96tGiiip61i911E19t1 \ \ \� 9gg99j99p997 g99799gg9`9ggggg99g99999g 9gg99999999999974[tt[[plP9y (�9p[99999999999lg99t9�9g99�+ — % \ \ S riaY7.ai�: b11RilM.•}-g.aaa.`-"-:gtYsl.LwY..hi$•_8g_tp9'_iY69Ls.1=^-'.`�LE.'_R.ha.aa`1ks9•aE9.ytE 1 iec! E![t!!!!t[ElEf!!!!!E!!!E!! ITEM NUMBER: 4 DATE: 11-21-06 Encino Road As part of the original approval, the project was conditioned to improve Encino Road for emergency ingress and egress. The condition required: "16 -foot paved street with additional tree protection walls." As a part of the approval, the Council also approved a re -alignment of a portion of Encino Road which resulted in an easterly shift of the road away from neighboring properties. The applicant has built Encino Road to a paved width of 20 feet, without shoulders. The applicant has explained (see Attachment 6) this modification as necessary based on the need for asphalt berms for drainage purposes. The berms can not be placed on a "dirt" shoulder so the paving was widened. Staff is recommending approval of the proposed modification which has been incorporated in Condition 12 for the Planning Commission's approval. Staff is also recommending that the retaining walls be stuccoed to improve their appearance (Condition 56). Encino Road 1 extension, paved to 20 -feet so that drainage control gutters could be provided. - f Encino Road was shifted and retaining walls added to preserve },. native trees. Historic A Alignment of Encino Road 1V Encino Road was shifted away from , the neighboring lots to minimize grading and tree Y removals Constructed Alignment of Encino Road ITEM NUMBER: 4 DATE: 11-21-06 X4031Neighboring Lots t n Allemande Road Av 0 Project Lots ITEM NUMBER: 4 DATE: 11-21-06 Negative Declaration A Mitigated Negative Declaration was certified by the City Council when the project was approved in 2003. The reconsideration of the map is the same project that was analyzed under the original environmental document. It is the City Attorney's opinion that the Certified Negative Declaration is adequate to cover the map reconsideration action. Since the project was not changed, the environmental documents did not require recirculation. The resolution of approval includes findings that the project is consistent with the certified environmental document. Cnnclusion- The subdivision is consistent with the General Plan and the parcel configurations are consistent with the Subdivision Ordinance requirements. The reconsideration will allow the recordation of a Final Map for a subdivision that is virtually completed. The only reason this reconsideration is being processed is because the applicant failed to apply for a Time Extension last year. Had the applicant applied for the Time Extension, the City would have had limited ground to deny the request and it likely would have had been approved. At this point in the project, approving the proposed map would have the fewest impacts on the project site. If the reconsideration is denied, the six Colony lots will remain and applicant will have to redesign the project which could result in additional grading and tree removals. ALTERNATIVES: 1. The Planning Commission may approve the Tract Map with modified conditions of approval. 2. The Planning Commission may deny approval of the Tract Map, based on appropriate findings. To deny an application, the Commission must find that it is inconsistent with the General Plan or one or more of the required findings of approval cannot be made. The motion to deny must include a finding for denial. If the Planning Commission denies the application, the six historic Colony lots will remain. The public improvements have already been constructed for the project but would be located in the wrong areas without the new map. Additional construction, grading and tree impacts may occur if the project is required to follow the historic lot pattern. 3. The Planning Commission may continue the action and refer the project back to staff for additional information or analysis. Direction should be given to staff and the applicant. ITEM NUMBER: 4 DATE: 11-21-06 ATTACHMENTS: Attachment 1 - Tentative Tract Map Attachment 2 - Notice of Determination Attachment 3 - A&T Arborists Letter, dated September 27, 2006 Attachment 4 - A&T Arborists Letter, dated November 12, 2006 Attachment 5 - Wilson Land Surveys, Inc. letter dated September 25, 2006 Attachment 6 - Letter from Don Messer concerning road width Attachment 7 - Draft Resolution 2006-0093 Approving TTM 2003-0029 Exhibit 1 — Tentative Tract Map Exhibit 2 - Tentative Tract Map showing easement areas Exhibit 3 - Conditions of Approval ITEM NUMBER: 4 DATE: 11-21-06 ATTACHMENT 1: Tentative Tract Map (TRACT 2515) TTM 2003-0029 Encino Avenue f �k �� "! �iiJ/� �/ J"� ''•�- t �/�'/� .-^ -- J iii'/l'• '� � Ss<M �`kE2 (s OIb1Y // "��i ,��Jli��/%h!f^/ 5 \; lii �•�,_�r.�'.I'� //�i� /�,y�S,i/Jii�yl�� qg I E is •_ ' I I fl i/i i ! i l �. _'. -i �._---�'� j�Z i� !//?%�Jlii! " ! ! �Y 6 �� r � , Oft Jl�y//lY!/i! Ifl �lrfl' �h+0•�� /, 1 ��, !!i'i` \�% J �/ /iii y/ \\ Oz gi �.,,,� `t iii / c ! �' ! •• y`` z o '>a V- �awm�w Ikj I�Ijkf/�f f�'1af' I I °Y ppf Slf I ' ''%� \\ ``a ~ Z azoz ��! I�I,�jl'�•III Ilhi I//J `\ L �wzom 11 IN I :%, J \ Uj 14 vy�w�a ,,fT}'. y F% 11 4b 11 �1 y l r.i v Lri 1/f loll ® JT Yi✓ �. I \ � O®00®O©O O r0®2OfbB�6r®�®®®®®r&®®®®®9®® / Y Y Y Y y Y Y Y Y Y Y y Y X68 h •'` ) '� !h �. "A� ";� Y � J Y � Y g � � Y Y = �. .i \v W� dall 6■[apg Z' c�c K n e a ati Y - 33f ��° lsl i/ �.,r� 4 99y€ z Zin p c�eEi:e!l3�1°�Ii��a1��riia�py ` J Ft • ...a ....... b � ' I I I I Z \' I ; �1 SF u ys:9Y' ,: xhn I I I I I ITEM NUMBER: 4 DATE: 11-21-06 ATTACHMENT 2: Notice of Determination TTM 2003-0029 (TRACT 2515) Encino Avenue � FILE COPY 'FILED � DEC 18 1003 ' a ` a JULIE L RODEWALD COUNTY CLERK ! By Dadene A Roberts DEPUIYCLERx CITY OF ATASCADERO NOTICE OF DETERMINATION 6500 Palma Avenue Atascadero, CA 93422 805.461.5035 To: ® County Clerk, County of San Luis Obispo From: Warren Frace, City of Atascadero Subject: Filing of Nodee of Deterndrtation in Compliance with Section 21152 of the Public Resources Code STATE CLEARINONOUSE M NIA Applicant: Don Messer PO Box 1958, Amscadero, CA 93422, 805/466-0549 Project Title: Road Abandonment 2003-0012 Tentative Tract Map 2003-0029 Project 4.5 vacant acres located at the end of Encino Road between Atajo Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 031-091-005, 006,008,009,031-092-016 Project The proposed project consists of an application for Road Abandonment and a six lot tract trap. Description: The project would result in the abandonment and realignment of a portion of Encino Road and the adjustment of six existing lots of record, no new lots would be created. The purpose of the project is to minimize hillside grading and impacts to native trees. The site is consists of steep wooded slopes with Live Oak and White Oak woodlands and a portion of an un -named blue line creek. The project includes the removal of 133 native oak trees. General Plan Designation: SFR -Z (Single -Family Residential 1.5 — 2.5 acre minimum lot size) Zoning District: RSF- Z (Residential Single -Family 1.5 — 2.5 acre minimum lot size) This is to certify that the City of Atascadero, the ® leadta ❑ responsible agency approved the above described project on July 16, 2003 and made the following determinations: 1. The project ❑ will Z will not have a significant effect on the environment. 2. ❑ An Environmental impact Report was prepared and certified for this project pursuant to the provisions of CEQA and reflects the independent judgment of the lead Agency. ❑ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA and reflects the independentjudgmem of the Lead Agency. ® A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency. 3. Mitigation measures ® were ❑ were not made a condition of the approval of the project 4. A Statement of Overriding Considerations ❑ was Z was not adopted for this project. 5, Findings ® were ❑ were not made pursuant to the provisions of CEQA. 6. The location and custodian of the documents which comprise the record of proceedings for the Final EIR (with comments and responses) or Mitigated Negative Declaration are specified as follows: Custodian: Warren M Frace, Community Development Director Location. Community Development ATartrnent, 6500 Palma Avenue, Almeadero, CA 93422 (i Warren M. Frace, Community Development Director Date Pik rrM r- Fxi„o-Avio.I4FMD-wmrez PW Omr IL -] t6 PM 6500 PALMA AVENUE 0 ATASCADERO, CALIFORNIA 93422 • (805) 461-5035 0 FAX 461-5036 ITEM NUMBER: 4 DATE: 11-21-06 ATTACHMENT 3: A&T Arborists Letter, dated September 27, 2006 A & T ARSORISTS P.O. BOX 1311 TEMPLETON, CA 83465 (805) 434-0131 9-27-06 Kerry Marguson Mester Project We re -visited the entire site to addlbss some published concerns regarding the on Don Messers Encino Road Project Some general findings arc as follows: Small trees that were previously suppressed near Encino Road are now Rill sunlight in many cases. We are noticing induced epicormic growth changes in light. Trees on the periphery (adjacent to removals) had extensive deadwood Suppression from the removed trees. The deadwood on these trees is in not construction induced. Prior to construction. this was a very dense fi There will be some microclimae changes due to the removed trees. Numerous trees along the road have broken limbs caused by the initial t felling. Eventially, all stubs should be pruned using proper arboricultut There are also some specific trees that may need to be addressed. They are as Tree I-137 is a small 3 stem live oak below Ms. Cindy Saucer's home. has two dead trunks (4" each) and one live trunk. One stem was dead p construction impacts. The second dead steno may be a result of constrw impacts. The top of the third stem has been broken most likely due to fl felling for the road. This was a very suppressed tree to begin with, how should have been able to survive the impacts. There were no toots pn= this tree during the wall excavation The soil was kept moist with carpe until the w0 was bacidilled. There may have been Boma loss in capilla due to the wall excavation. The remaining portion of the tree may survi Tree I-55. also a live oak, is located near the wall behind the second car home. During the wall excavation, we pruned 2 two inch roots and the ; kept moist. The tree exists on a steep slope and although it is close to tk actual soil excavation was minor as was root loss. Currently, the tree is leaves which is not normal for the species. The tree appears it will die. weeks ago when we inspected this home for the final oocupattey letter, t appeared healthy. After closer inspection, a large lash exists at the base tree. Approximatley. a 12 x 12 inch section of bark has been ripped fon Inspection of adjacent trees revealed the cause. A large 20" ditnrrseter lit nat11ndlY &!ed-ftvnr w f -I 17. in addition to daM&ging tht hbme, the ripped the bark from tree 1-55. The reduction in cambium appears to be stressing tree 1-55. There is a strong correlation with the failure and the of the leaves. We would expect to see construction impacts to the tree v Of the warm season but that is not the case. Tree 1-55 is already a weak has signs of a mQuive failure on the south side from many years ago. 1; -RECEIVED OCT 12 2006 :OMMUIPTY DEME O"M Lk trees reposed to hte to the Lie to tl e Mal and -est. :c cuts. Rows: his tree or to any ion tree vcr, it d from remnants V action e. pleted gots were : wall, 00sing its . Wo e tree of the the tree. b ' - - bi b" everely ellowing the peak ee. It ITEM NUMBER: 4 DATE: 11-21-06 the tom bark are the signs (white mycelium) of oak root fungus that has een attackins the tree for vears. The limb falling is most likely not cnonghf aar impact to kill the tree. Howcver, the cumulative effects of constructs oak root fungus stress and the large missing section of the cambium may be thee. We r cannot be certain. Chip Tamagod certified, at ME 6436-A Steven . Cerrificd Arborist OWE 0511 ITEM NUMBER: 4 DATE: 11-21-06 ATTACHMENT 4: A&T Arborists Letter, dated September 27, 2006 A & T ARSQR=STIS P.O. BOX 1311 TEMPLETON, CA 93465 (805) 434-0131 I1-12-06 Warren Frace -» AECEED Community Development Director City of Atascadero NOV 13 ?N$ Re: Don Messer, Encino Road Project Dead Tree C0W#JNr1Y�I WIAPA4W Background Information: In order to build the Encino Road extension, a retaining wall was required along portions of the south side of the road for bank stabilization. Tree I- 137 (photo #1) is located above the wall. The tree was protected during construction with fencing along with wetted carpet on the cut bank below the tree. Two small roots were pruned during the wall excavation. The total diameter for the three stem tree is 13". Assignment: Determine the contributing factors that may have led to the death of the tree and recommend proper mitigation. Observations: This particular tree was historically suppressed from the larger trees removed for road construction. The tree has three separate trunks (stump sprouts) arising from an older stump (photo #2). This stump may be all that's left from a fire that passed through the area some time ago. Normally trees that grow as a result of a stump sprout are relatively weakly attached at the base and usually become more of a hazard than an acorn grown tree. The top of one of the live stems was damaged during the felling of a larger nearby tree. The tree (I-137) is dead and will not recover. Thereare signs of decay in the center of the trunk. The tree was exposed to more sunlight when nearby larger trees were removed. The soil has high shale content in this area and replanting in the same location is not recommended. A planting site slightly uphill may be more beneficial to long-term tree health. Testing and Analysis: No testing was performed. Conclusions: The tree was not in prime condition before the construction began. The tree was stressed due to the one dead stem. Additional stress may have been caused by the wall excavation. There is decay in the center of the main trunk that would have led to pre -mature death. To determine the exact cause of death would most likely require some root crown inspection and tissue sampling. o rRecommendations: Remove the tree and replace it per City requirements. Plant the new tree(s) higher on the slope. Chip Tamagni Certified Arborist #WE 6436-A Steven G. Alvarez Certified Arborist #WE 0511-A ITEM NUMBER: 4 DATE: 11-21-06 ATTACHMENT 5: Wilson Land Surveys, Inc. letter dated September 25, 2006 Wilson Land Snrve s Inc. 7600 Morro Road, Atnseadero CA 93422 805466-2445 (fax 805-466-0812) email kenwac ilsonlandsurveys.00m Monday, September 25, 2006 To: non Messer Construction Subject: Tree Survey for Tract 2515 Dear Mr. Messer: We understand that there were some trees on this project thm were not shown correctly on the original set of plaits and eve would like to explain why. First, when we did the original topographic survey beginning in March 1996 (Job Number 3-1291 we located trees *,hat were 4" or greater dbh. The beginning of goad construction was August 4, 2005. Therefore, over 8 years had passed and some of the trees that were previously less than 4" bad grown to a size greater than 4". At the time of construction. these trees were found and subsequently added to the tree location survey and protection list. Thesc Nvere labeled on the exhibit with a red "G"_ Second, because this parcel was a steep, bn by hillside with thick vines of poison oak, our surveyors had a ditiicuit time making sure that every tree upas located. So. at the time of construction it %%2s discovered that 5 additional trees that were necessary to be removed had not been located with the original topographic survey. These were labeled on the exhibit with a red "M". Incidentally there were about 300 trees that were located on this project so we did properly locate 98% of the trees on this difficult site. We were not happy with this but not overly disappointed either. Third, one tree labeled with a red ")V" %%w originally shown as an impacted tree. We had thought that it could have been preserved but it was too close to the wall footing and removal was required. Fourth, when we received approval for the construction drawings for the road, driveway and building site improvements for this tract the impacted trees -list was based on the review of the arborist who signed the plans (Art Tonncson). His list was based on his understanding of the current procedures for establishing tree protection requirements for projects within the City of Ataseadero. The City approved our plan and the permit was issued. After construction began and the missing trees were brought to the attention of the developer, Mr. Messer hired another arborist to continue the tree monitoring and they determined that additional trees other than the impacted trees currently shown were going to be impacted by the construction, it should be noted that whether or not a tree is impacted by construction is an opinion made by the arborist based on his knowledge and ITEM NUMBER: 4 DATE: 11-21-06 After the preliminary grading and tree rr_moval documents had been approved by city staff, the City Council required the preservation ofadditional trees as a condition of their approval_ These trees (wHch .vire originally to be removed) are sho%vn on the tree removal list with a line *,hrough them: It includes um ibm-were preserved ley the construction of retaining walls along the west side of Encino Road and labeled with a green &is" agth regard to our own reputation for honesty and integrity I would like to say the following. It is our policy that when ue arrive at a site, we locate all trees 4" dbh or greater, no exceptions. We train our employees to be extremely careful in their work, espmiatly x -hen it comes to trees due to the great value that the community- has pat on trees recently. Understandably, 'we have at times missed certain trees because of human error. However, we have never knowingly deleted or not shown a tree that w -e knew was in existence even though quite a fcA iiuirt, property owne7s have requested that we do so_ Mr. Messer and I have worked together on1 rOjec-ts-for thepa3t 2zyeas =one has never tried to coerce us to misrepresent any information shown on his plans, including trees. Ken Wilson Wilson Land Surveys LS 5571 Expires 9-30-07 ITEM NUMBER: 4 DATE: 11-21-06 ATTACHMENT 6: Letter from Don Messer concerning road width Don Messer Construction P.O. Box 1958 Atascadero, CA 93423 (805)466-0549 October 26, 2006 Warren Frace Planning Director City ofAtascadero Re: Encino Road Tract #2515 OCT 2 6 2006 When this project was approved by the city council, the council required a road section --16' asphalt with 2' base shoulder on each side. However, because asphalt berms were required in some areas and these berms would effectively have eliminated the usable base shoulder, I decided to make the asphalt driving surface wider to accommodate the asphalt berms as required. As a result, the road asphalt is 19-20' wide and the road is much safer and more convenient on which to drive. Therefore, I am requesting the planning commission to approve this modification in the road design, as part of the reconsideration hearing for this project. Sincerely, Donald D. Messer ITEM NUMBER: 4 DATE: 11-21-06 ATTACHMENT 7: Draft Resolution 2006-0093 TTM 2003-0029 (TRACT 2515) Encino Avenue DRAFT RESOLUTION 2006-0093 A RESOLUTION OF THE ATASCADERO PLANNING COMMISSION APPROVING TENTATIVE TRACT MAP 2003-0029 A REQUEST TO RECONSIDER AN APPROVAL TO ADJUST SIX EXISTING COLONY LOTS OF RECORD (APN 031-091-0051, 0069 0089 0099 031-092-016) (TTM 2003-0029 / Messer) WHEREAS, an application has been received from Don Messer, PO Box 1958, Atascadero, CA 93423 (Property Owner/Applicant) and J. Michael Finch, 6445 N. Palm Avenue, Suite 101, Fresno, CA 93704 (Property Owner), to reconsider Tentative Tract Map 2003-0029, allowing the six existing Colony lots of record located between Encino Avenue and Atajo Avenue, APN 031-091-005, 006, 008, 009, 031-092-016; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0044 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA) from August 27, 2003 to September 16, 2003; and, WHEREAS, the site's General Plan Designation is SFR -Z (Single -Family Residential 1.5 — 2.5 acre minimum lot size); and, WHEREAS, the site's Zoning District is RSF- Z (Residential Single -Family 1.5 — 2.5 acre minimum lot size); and, WHEREAS, the Atascadero City Council, at a Public Hearing held on November 25, 2003, studied and considered TTM 2003-0029, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, WHEREAS, the Atascadero City Council, after hearing evidence, oral and documentary, certified the Mitigated Negative Declaration prepared for the project; on November 25, 2003; and, WHEREAS, the Atascadero City Council, after hearing evidence, oral and documentary, approved Tentative Tract Map 2003-0029 (Tract 2515) on November 25, 2003; and, ITEM NUMBER: 4 DATE: 11-21-06 WHEREAS, a Notice of Determination for the project's Certified Mitigated Negative Declaration was filed with the San Luis Obispo County Recorder on December 18, 2003; and, WHEREAS, the approval for Tentative Tract Map 2003-0029 (Tract 2515) expired on November 25, 2005; and, WHEREAS, the applicant is requesting re -instatement of Tentative Tract Map 2003- 0029 so that public improvements and project build out may be completed; and, WHEREAS, the applicant has completed 95% of the public improvements to Encino Road; and, WHEREAS, the proposed reconsideration is the same project that was previously analyzed under Certified Mitigated Negative Declaration 2003-0044, and therefore is consistent with the environmental document; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said projects; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on November 21, 2006, studied and considered TTM 2003-0029; and, NOW, THEREFORE, the Planning Commission takes the following actions: Section 1. Findings of Approval for Tentative Tract Map, the Atascadero City Council finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. ITEM NUMBER: 4 DATE: 11-21-06 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. 8. Mitigated Negative Declaration 2003-0044 was certified by the City Council on November 25, 2003 in compliance with CEQA, and the proposed project is consistent with this environmental document. Section 2. Approval. The Planning Commission, in a regular session assembled on November 21, 2006 resolved to approve of Tentative Tract Map 2003-0029 subject to the following: 1. Exhibit A: Tentative Tract Map 2003-0029 2. Exhibit B-1, B-2: Tree Protection Plan and Inventory 3. Exhibit C: Conditions of Approval On motion by Commissioner and seconded by Commissioner , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO Ellen Beraud Chairperson ATTEST: Warren Frace Planning Commission Secretary ITEM NUMBER DATE: 11-21-06 Exhibit A: Tentative Tract Map TTM 2003-0029 f/;✓ �' � r r,J� i [�5� la �ifiF/F !r � /! lddrldJl spa 4ie�� p !ii/`'`/J F//�'r dl Q11 ✓ !.� !/ � r..i{' ;fes �� 'r / ,FiijiiFF dpi/ jhsid - r /- /sriF J .�i` /F d! ,d�fl�✓ jr+ rllrrr�✓� `!F`rx�i 1 ///r// iF`/� rim �— Il+Yd! yy `F f 71 Vis• -P +J �(r I d1 •VJr d1ld +lrrdlJlld , +rP!lCu�lld ! ddd! ?'i�^yJ i i rii;'r; lrrr.r11rrr :E:.' 13 ITEM NUMBER: 4 DATE: 11-21-06 .Fqy� F rr 191°I I Y! �� tY"/♦ *�i i ✓ rcrc !yam fllil{1fl° �' I I °�1 Ai. � !I � ��\ � ,,✓� � t9gooa Mgt.�i IrII �,fI ERZ hr yy `F f 71 Vis• -P ca? 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The approval of this application shall become final, FM PS subject to the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Tract Map shall be valid for FM PS two years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have FM PS the authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Tract Map. 4. The boundary between lot 4 and lot 5 shall be adjusted FM PS at final map so that lot 4 has a gross area of 0.61 acres and lot 5 has a gross area of 0.99 acres. 5. The lot line between lots 2 and 3 shall be adjusted to FM PS maintain a minimum 25 -foot front yard setback to the main dwelling. 6. The construction location of each house shall be FM PS consistent with the footprints indicated on the tentative map. Generalized building construction envelopes shall be plotted on the final map 7. All tree removals shall be mitigated consistent with the On-going PS Native Tree Ordinance. Project mitigation shall consist of recordation of native tree protection easements at time of final map as shown on Exhibit B-1. Additional retaining walls shall be utilized along the southern portion of Encino Avenue to preserve as many trees as possible. ITEM NUMBER DATE: 11-21-06 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation Tentative Tract Map 2003-0029 /Monitoring Measure Encino / Atalo Lot Line Adjustment � � PM: Parcel Map GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy F0: Final Occupancy FD: Fire Department PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company 8. All construction access shall be taken off of Atajo Road. On-going PS 9. The applicant shall record CC&R's for the subdivision FM PS subject to the review and approval of the City Engineer, City Attorney and Planning Department. The CC&R's shall identify the maintenance responsibilities of all private driveways, sewer facilities, drainage facilities, common parking areas, site lighting, landscape areas, fencing, and other common facilities. 10. The subdivider shall defend, indemnify, and hold Ongoing CA harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision 11. A tract map drawn in substantial conformance with the PM 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. Mitigation Measures ITEM NUMBER DATE: 11-21-06 Conditions of Approval / Mitigation Monitoring Program Tentative Tract Map 2003-0029 Encino / Atalo Lot Line Adjustment � � Timing PM: Parcel Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy F0: Final Occupancy PI: Public Improvements Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Mitigation Measure Mitigation Measure 3.b.1: The project shall be conditioned to BP BS/PS 3.1b.1 comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment • Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non - taxed version suitable for use off-road). • Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. • Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are plann4ed to be reworked at dates greater than one month after initial grading should be sown with a ITEM NUMBER DATE: 11-21-06 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation Tentative Tract Map 2003-0029 /Monitoring Measure Encino / Atalo Lot Line Adjustment � � PM: Parcel Map GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy F0: Final Occupancy FD: Fire Department PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company fast -germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.e.1: All tree removals shall be mitigated BP PS 4.e.1 consistent with the requirements of the Atascadero Native Tree Preservation Ordinance. Mitigation Measure 4.e.2: Grading and excavation and grading BP PS 4.e.2 work shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: a) All existing trees outside of the limits of work shall remain. b) Earthwork shall not exceed the limits of the project area. c) Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. d) Vehicles and stockpiled material shall be stored outside the drip line of all trees. e) All trees within the area of work shall be fenced for protection with 4 -foot chain link, snow, or safety fencing laced per the approved tree protection plan. ITEM NUMBER DATE: 11-21-06 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation Tentative Tract Map 2003-0029 /Monitoring Measure Encino / Atalo Lot Line Adjustment � � PM: Parcel Map GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy F0: Final Occupancy FD: Fire Department PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company 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. f) Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 4.e.3: An arborists report shall be required BP PS 4.e.3 prior to 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.4: The developer shall contract with a FO BS/PS 4.e.4 certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining an arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing shall be installed for inspection during the meeting. (c) As specified by the arborist report and City staff: ■ Prune all trees to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on- site arborist. ■ Apply any additional recommendations of the project arborist. d) Upon project completion and prior to final occupancy a final ITEM NUMBER DATE: 11-21-06 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation Tentative Tract Map 2003-0029 /Monitoring Measure Encino / Ata'o Lot Line Adjustment � � PM: Parcel Map GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy F0: Final Occupancy FD: Fire Department PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the status of the project's impacted trees and their viability, which may require additional payment into the tree mitigation fund, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 6.b.1: All disturbed areas, not shown on BP BS/PS 6.b.1 the project landscape plan for landscaping shall be hydro seeded with a native seed mix. Erosion control measures shall include an erosion control blanket for all 2:1 fill slopes. Affected areas that previously contained native shrubs and vegetation shall be replanted with similar plant species per the approved landscape plan. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked out on to Chauplin Avenue and/or the private access drive by construction vehicles. Mitigation Measure 6.b.2: The grading permit application plans BP BS/PS 6.b.2 shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.d.1: A soils report shall be required to BP BS 6.c.d.1 be submitted with a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. The property contains no unusual geological formations. Mitigation Measure 6.e.1: Percolation tests are required in the BP BS 6.e.1 City of Atascadero before building permits for residences can be issued. Mitigation Measure 8e.f.1: A Storm Water Pollution Prevention GP BS/PS/CE 8.e.f.1 Plan (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. ITEM NUMBER DATE: 11-21-06 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation Tentative Tract Map 2003-0029 /Monitoring Measure Encino / Atalo Lot Line Adjustment � � PM: Parcel Map GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy F0: Final Occupancy FD: Fire Department PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Mitigation Measure 8.e.f.2: The developer is responsible for GP BS/PS/CE 8.0.2 ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.d.1: All construction activities shall BP BS/PS 11.d.1 comply with the City of Atascadero Noise Ordinance for hours of operation. City Engineering Drainage Conditions: 12. . Encino Road shall be constructed to a fire access road IP CE standard with a 16 -foot wide paved surface and 2 foot base or payed shoulders on both sides of the road to provide a total clear width of 20 -feet. No vehicular barriers shall be installed at any point along Encino Road. This road will connect from Atajo Ave to existing paved Encino Ave. The Road shall be in an easement for access and drainage. 13. The applicant must provide for the maintenance this section FM CE of Encino Road. This shall include the road surface, banks, berms, drainage facilities and any other improvements that are required for the road. 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. Benefit Maintenance 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 would use the funds to maintenance the improvements. 14. The driveways off Encino Ave that serve building sites on lots FM CE 1, 3, 5 and 6 are private and shall be the responsibility of the owners to maintain. A driveway maintenance agreement shall be recorder simultaneously with the recordation of the final map.. ITEM NUMBER DATE: 11-21-06 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation Tentative Tract Map 2003-0029 /Monitoring Measure Encino / Atalo Lot Line Adjustment � � PM: Parcel Map GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy F0: Final Occupancy FD: Fire Department PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company 15. All public improvements shall be constructed in conformance IP CE with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. City Engineer Drainage Conditions: 16. The Storm Drain that is proposed through Lots 1 and 3 FM CE is the responsibility of the property owners to maintain and keep clear. A drainage maintenance agreement shall be recorder simultaneously with the recordation of the final map. A drainage easement shall be recorded on the final map to allow the upstream flow to be passed through. If a homeowner association is formed this may be maintained by it. 17. Obtain approval by the City Engineer of the grading & IP CE drainage plan and the storm drain design & facilities. 18. Submit calculations to support the design of any IP CE structures or pipes. Closed conduits shall be designed to convey the 10 -year flow with gravity flow, the 25 -year flow with head, and provide safe conveyance for the 100 year overflow. The calculations shall prove no negative impacts to the downstream drainage system or properties. 19. Show the method of dispersal at all pipe outlets. Include IP CE specifications for size & type. 20. Show method of conduct to approved off-site drainage IP CE facilities. 21. Concentrated drainage from off-site areas shall be IP CE conveyed across the project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. City Engineer Road Abandonment 22. The Colony Right of Way for Encino Ave. may be FM CE abandoned through lots 14, 15 and 19. The Right of Way will be left on lots 23, 24, 11, 12, 13. The new ITEM NUMBER DATE: 11-21-06 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation Tentative Tract Map 2003-0029 /Monitoring Measure Encino / Atalo Lot Line Adjustment � � PM: Parcel Map GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy F0: Final Occupancy FD: Fire Department PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Encino Ave will be offered as a Public Access and utility easement. The abandonment and the easements may be recorded on the final map. City Engineer Wastewater 23. All sewer mains and laterals on this project are private. FM CE The sewer mains are the responsibility of the private property owners to maintain. A sewer main maintenance agreement shall be recorder simultaneously with the recordation of the final map. The easement for the sewer mains shall be on the final map and in favor of the properties served. If a homeowner association is formed this may be maintained by it. 24. The tentative map proposes a sewer lateral to be IP CE suspended above a creek flow line. Every effort shall be made to construct this facility underground. Profiles of this line shall be submitted with the improvement drawings. If the line cannot feasible be constructed underground, the crossing shall be designed to Public Works Standards. This will include headwalls. 25. All Wastewater facilities shall be designed and install to IP CE the City Engineering Standards. City Engineer Easements & Property Conditions 26. The final map shall have easements for access, FM CE drainage and utilities. STANDARD CONDITIONS 27. All public improvements shall be constructed in FM CE conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 28. In the event that the applicant is allowed to bond for the public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 29. An engineer's estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. 30. The Subdivision Improvement Agreement shall record ITEM NUMBER DATE: 11-21-06 Conditions of Approval / Mitigation Monitoring Program Tentative Tract Map 2003-0029 Encino / Atalo Lot Line Adjustment � � Timing PM: Parcel Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy F0: Final Occupancy PI: Public Improvements Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Mitigation Measure concurrently with the Final Map. 31. The applicant shall enter into a Plan Check/Inspection agreement with the City. 32. The applicant shall be responsible for the relocation and/or alteration of existing utilities. 33. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 34. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 35. The applicant shall acquire title interest in any off-site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 36. Slope easements shall be provided as needed to accommodate cut of fill slopes. 37. Drainage easements shall be provided as needed to accommodate both public and private drainage facilities. 38. The final map shall be signed by the City Engineer prior to the map being placed on the agenda for City Council acceptance. 39. Prior to recording the tract map, the applicant shall submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 40. Prior to recording the tract map, the applicant shall set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be ITEM NUMBER DATE: 11-21-06 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation Tentative Tract Map 2003-0029 /Monitoring Measure Encino / Atalo Lot Line Adjustment � � PM: Parcel Map GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy F0: Final Occupancy FD: Fire Department PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company sufficient to enable the survey to be retraced. 41. Prior to recording the tract map, the applicant shall pay all outstanding plan check/inspection fees. 42. Prior to recording the map, the applicant shall complete all improvements required by these conditions of approval. 43. Prior to recording the tract map, the applicant shall have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the map. 44. Upon recording the final map, the applicant shall provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 45. Prior to the final inspection of any public improvements, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 46. Prior to the final inspection, the applicant shall submit a written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 47. An encroachment permit shall be obtained prior to any work within City rights of way. 48. Prior to issuance of building permits, the applicant shall submit a grading and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. Atascadero Mutual Water Company (AMWC): 49. Prior to recordation of the final map, the applicant shall IP AMWC submit plans for review and approval by AMWC for all existing and proposed water distribution facilities that provide water service to the proposed lots. All new water ITEM NUMBER DATE: 11-21-06 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation Tentative Tract Map 2003-0029 /Monitoring Measure Encino / Atalo Lot Line Adjustment � � PM: Parcel Map GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy F0: Final Occupancy FD: Fire Department PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company distribution facilities shall be constructed in conformance with Atascadero Mutual Water Company Standards. 50. Prior to recording the parcel map the applicant shall FM AMWC obtain a "Will Serve" letter from Atascadero Mutual Water Company. 51. Prior to the start of construction, the applicant shall pay IP AMWC all installation and connection fees required by the Atascadero Mutual Water Company, or enter in to a "deferred connection" agreement. 52. The final map shall note that AMWC, reserves and FM AMWC retains all rights and privileges granted to it, among other things, to construct and operate water facilities over, along, upon and through the subject roadway alignment, by that certain Deed, dated October 20, 1914, and recorded in the Office of the County Recorder, County of San Luis Obispo, State of California, in volume 113, at page 56. 53. All water distribution facilities shall be constructed in FM / IP AMWC conformance with AMWC standards, policies and approved procedures and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross connection devices shall be constructed in conformance with AWWA and California Department of Health Services standards. Fire Department Conditions 54. A fire road connection without a barrier shall be provided IP FD between Atajo Road and the existing end of pavement on Encino Road 55. Provide approved fire hydrants as required by the fire IP FD chief. Additional 11-21-06 Planning Commission Conditions of approval 56. Retaining walls located along Encino Road shall be IP CD covered with an earth tone color coated stucco. 57. Numerous trees have broken limbs cause by the tree IP CD felling. All broken limbs and stubs through out the project site shall be pruned using proper arboriculture ITEM NUMBER DATE: 11-21-06 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation Tentative Tract Map 2003-0029 /Monitoring Measure Encino / Atalo Lot Line Adjustment � � PM: Parcel Map GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy FD: Fire Department F0: Final Occupancy PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company cuts. 58. The applicant shall submit a bond for the potential IP CD removal of tree 1-55. The bond amount shall include the cost of removal and the impact fee. This tree shall be monitored by the project arborist for a period of 2 years. The bond may be released after this period if the arborist determined the tree is in good health. 59. Tree 1-137 shall be removed by the applicant prior to IP CD recording the final map. The applicant shall replant two (2), 5 -gallon native live oak trees in the vicinity where soils are adequate. Temporary irrigation of the trees shall be provided for 2 years. \\Cityhall\CDvlpmnt\- TTM - Tentative Tract Maps\TTM 03\TTM 2003-0029 Encino Road; Messer\TTM 2003-0029.PC-SR.9-16-03.wmf.doc ITEM NUMBER: 5 DATE: 11-21-06 Planning Commission Staff Report Staff Report - Community Development Department Tentative Parcel Map 2005-0074 (AT 05-0267) 5435 Olmeda Avenue (Emmons) SUBJECT: The project consists of a proposed condominium map over an existing lot of record to create one (3) airspace units on one common lot. The lot is currently developed with one single-family residence which is proposed to be demolished. Building permits for the three units are currently in for review. C •1LI IVA =11BGLei Planning Commission adopt Resolution PC 2006-0098 approving Tentative Parcel Map 2005-0074, a request to establish two (3) airspace units on one common lot, based on findings and subject to conditions of approval. SITUATION AND FACTS: 1. Applicant/Owner: Roger Emmons, PO Box 91, Pismo Beach, CA 93448 2. Project Address: 5435 Olmeda Avenue, Atascadero, CA 93422 APN: 029-292-018 3. General Plan Designation: Medium Density Residential 4. Zoning District: Residential Multi -Family - 10 (Maximum 10 du/ac) 5. Site Area: 0.28 acre (approximately 9600 square feet) 6. Existing Use: Single-family residence 7. Environmental Status: Class 3(b) Categorical Exemption \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0074 5435 Olmeda\TPM 2005-0074.PC staff report.kg.doc ITEM NUMBER: 5 DATE: 11-21-06 DISCUSSION: Background: The property is located on the north side of Olmeda Avenue within the RMF -10 Zoning District. The existing neighborhood is mixed with existing single-family and multi -family developments. The parcel is relatively flat and is currently developed with a single-family residence that is proposed for demolition. City sewer will serve the property and water is available from the Atascadero Mutual Water Company. Building permits have been submitted to the City for review. Condominium Desiqn: The proposed map will create three (3) airspace condominium units on one legal lot of record. The units will take access from Olmeda off of a shared driveway. Each unit will have a private garage and guest parking for each unit is provided on-site. Each unit has a minimum of 300 square -feet of open space as required by code. The proposed site coverage is 28%, exceeding the maximum site coverage standards fro the Multi -family Zoning District of 50%. The existing mature oak trees are proposed to be retained and integrated into the landscaping for the future units. A mitigation deposit will be required for the native trees impacted greater than 40% of the root zone. The applicant's arborist has reviewed the proposed development plans and has determined that all trees are likely to survive with mitigation measures and recommendations implemented. The subdivision, as proposed, is consistent with the General Plan High Density Residential Land Use Designation and Residential Multi -family Zoning regulations. Public Improvements: The project has been conditioned to provide full frontage improvements, per the approval of the city Engineer. Environmental Review: As proposed, the project qualifies for a Class 3(b) Categorical exemption, which exempts from CEQA review, the conversion and/or construction of multi -family projects of less than four units, which do not otherwise create a negative impact. \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0074 5435 Olmeda\TPM 2005-0074.PC staff report.kg.doc ITEM NUMBER: 5 DATE: 11-21-06 CONCLUSION: The proposed condominium map, as conditioned, is consistent with the 2002 General Plan and Zoning Ordinance and the airspace configurations are consistent with the requirements of the Subdivision Ordinance. Staff recommends the Planning Commission approve the Tentative Parcel Map as conditioned. ALTERNATIVES: 1. The Commission may approve the map subject to additional or revised project conditions. The Commission's motion to approve must include any new or revised project conditions. 2. The Commission may deny the map if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. PREPARED BY: Kelly Gleason, Associate Planner Debra Lutske, Planning Intern ATTACHMENTS: Attachment 1 -- Location Map (General Plan & Zoning) Attachment 2 -- Draft Resolution PC 2006-0098 \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0074 5435 Olmeda\TPM 2005-0074.PC staff report.kg.doc ITEM NUMBER: 5 DATE: 11-21-06 ATTACHMENT 1: Location Map (General Plan / Zoning) TPM 2005-0074 5435 Olmeda Avenue Zoning District: Residential Multi -family - 16 du/ac (RMF -16) General Plan Designation: High Density Residential (HDR) \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0074 5435 Olmeda\TPM 2005-0074.PC staff report.kg.doc ITEM NUMBER: 5 DATE: 11-21-06 ATTACHMENT 2: Draft Resolution PC 2006-0098 TPM 2005-0074 5435 Olmeda Avenue DRAFT RESOLUTION NO. PC 2006-0098 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING TENTATIVE PARCEL MAP 2005-0074, ESTABLISHING THREE AIRSPACE UNITS ON ONE COMMON LOT AT 5435 OLMEDA AVENUE (Emmons) WHEREAS, an application was received from Roger Emmons, PO Box 91, Pismo Beach, CA, 93448 (Owner/Applicant), to consider a Tentative Parcel Map to establish three (3) airspace units on one common lot; and, WHEREAS, a Categorical Exemption (Class 3(b)) was prepared for the project in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the site's General Plan Designation is High Density residential (HDR); and, WHEREAS, the site's Zoning District is RMF -10 (Residential Multi -family — 10 du/ac); and, WHEREAS, a timely and properly noticed Public Hearing upon the subject tentative parcel map application was held by the Planning Commission of the City of Atascadero, at which both oral and documentary evidence was admitted on behalf of said projects; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero resolves to take the following actions: SECTION 1. Findings for approval of condominium Map. The Planning Commission finds as follows: 1. The proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements. 3. The site is physically suitable for the density of development proposed. \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0074 5435 Olmeda\TPM 2005-0074.PC staff report.kg.doc ITEM NUMBER: 5 DATE: 11-21-06 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. 5. The map is consistent with the character of the immediate neighborhood. 6. The design of the condominium map will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. The proposed condominium map design and type of improvements proposed will not cause serious public health problems. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on November 21, 2006 resolved to approve Tentative Parcel Map 2005-0074 (AT 05-0267) subject to the following: EXHIBIT A: CEQA Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Tentative Parcel Map 2005-0074 (AT 05-0267) \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0074 5435 Olmeda\TPM 2005-0074.PC staff report.kg.doc ITEM NUMBER: 5 DATE: 11-21-06 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: ABSTAINED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0074 5435 Olmeda\TPM 2005-0074.PC staff report.kg.doc EXHIBIT A: Proposed Categorical Exemption TPM 2005-0074 Finding of Exemption TO: ® File FROM: City of Atascadero 6907 El Camino Real Atascadero, CA 93422 ITEM NUMBER: 5 DATE: 11-21-06 Date Received for Filing SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code Project Title: Tentative Parcel Map 2005-0074 (AT 05-0267) Project Location (Include County): 5435 Olmeda Avenue, Atascadero, California 93422 (San Luis Obispo County) Project Description: The project will create 3 airspace condominium units allowing individual sale and ownership of three detached units within a multi -family project. Name of Public Agency Approving Project: City of Atascadero Name of Person or Agency Cggy, ing Out Project: Roger Emmons Exempt Status: ❑ Ministerial (Sec. 21080 (b)(1); 15268) ❑ Declared Emergency (Sec. 21080(b)(3); 15269(a)) ❑ Emergency Project (Sec,21080 (b)(4); 15269(b)(c)) ® Categorical Exemption (Sec. 15303, construction or conversion of small structures) Reasons why project is exempt: Class 3(b) of the California Environmental Quality Act (CEQA) (Section 15303) exempts the conversion and/or construction of small structures including multi -family projects of less than 4 units and which do not otherwise create a negative impact. Date: November 13, 2006 Kelly Gleason Associate Planner Contact Person: Warren Frace, Community Development Director, City of Atascadero 805.461.5000 \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0074 5435 Olmeda\TPM 2005-0074.PC staff report.kg.doc ITEM NUMBER DATE: 11-21-06 EXHIBIT B: Conditions of Approval / Mitigation Monitoring TPM 2005-0074 Conditions of Approval Timing Responsibility Mitigation TPM 2005-0074 /Monitoring Measure PS: Planning Services Address:543501meda Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Standard Planning Conditions 1. The approval of this application shall become final, subject to FM PS the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Parcel Map shall be valid for two FM PS years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the FM PS authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Parcel Map. 4. A parcel map drawn in substantial conformance with the FM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 5. The subdivider shall defend, indemnify, and hold harmless the Ongoing CA City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 6. The parcel map shall be subject to additional fees for park or FM PS recreation purposes (QUIMBY Act) as required by City Ordinance. Project Planning Conditions 7. Prior to final map, the applicant shall submit CC&Rs for review FM PS/PW and approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a. Exclusive use easements for private yard areas. \\Cityhall\cdvlpmnt\- pre 06 PI -Ns (Old Planning Docs)\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0074 5435 Olmeda\TPM 2005-0074.PC staff report.kg.doc ITEM NUMBER DATE: 11-21-06 Conditions Of Approval Timing Responsibility Mitigation TPM 2005-0074 /Monitoring Measure PS: Planning Services Address:543501meda Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 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 homeowner's responsibilities for maintenance of the individual units. e. Individual unit's responsibility for keeping all trash receptacles within the unit's garage. f. A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. 8. This map shall be for the approval of airspace units only. An FM PS additional map sheet for informational purposes shall be recorded with the final map, showing the location of the three (3) airspace units and all private use areas. 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. A qualified licensed professional shall prepare the final map and the condominium plan. Included in the condominium plan shall be details on the design and placement of project fencing, subject to staff approval. 10. Trash containers shall be the responsibility of each individual FO PS/BS unit and shall be enclosed within the unit's attached garage. City Engineer Project Conditions 11. In conformance with municipal code section 9-4.160, the GP, BP CE applicant shall slurry seal Olmeda Avenue across the entire frontage of the property to a width of the street plus 10'. City Engineer Standard Conditions 12. In the event that the applicant bonds for the public GP, BP CE improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. \\Cityhall\cdvlpmnt\- pre 06 PI -Ns (Old Planning Docs)\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0074 5435 Olmeda\TPM 2005-0074.PC staff report.kg.doc ITEM NUMBER DATE: 11-21-06 Conditions Of Approval Timing Responsibility Mitigation TPM 2005-0074 /Monitoring Measure PS: Planning Services Address:543501meda Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 13. An engineer's estimate of probable cost shall be submitted for GP, BP CE review and approval by the City Engineer to determine the amount of the bond. 14. The Subdivision Improvement Agreement shall record FM CE concurrently with the Final Map. 15. A six (6) foot Public Utility Easement (PUE) shall be provided GP, BP CE contiguous to the property frontage. 16. The applicant shall acquire title interest in any off-site land that GP, BP CE may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 17. Slope easements shall be obtained by the applicant as GP, BP CE needed to accommodate cut or fill slopes. 18. Drainage easements shall be obtained by the applicant as GP, BP CE needed to accommodate both public and private drainage facilities. 19. A preliminary subdivision guarantee shall be submitted for FM CE review in conjunction with the processing of the tract map. 20. 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. 21. Prior to recording the tract map, the applicant shall pay all FM CE outstanding plan check/inspection fees. 22. Prior to recording the map, the applicant shall bond for or FM CE complete all improvements required by these conditions of approval. 23. 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 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. 24. 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. \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0074 5435 Olmeda\TPM 2005-0074.PC staff report.kg.doc ITEM NUMBER DATE: 11-21-06 Conditions Of Approval Timing Responsibility Mitigation TPM 2005-0074 /Monitoring Measure PS: Planning Services Address:543501meda Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 25. 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. 26. Prior to recording the tract map, the applicant shall have the FM CE map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 27. Prior to the issuance of building permits the applicant shall GP, BP CE submit plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. 28. Submit calculations to support the design of any structures or GP, BP CE 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. 29. Provide for the detention and metering out of developed storm GP, BP CE runoff so that it is equal to or less than undeveloped storm runoff. 30. Drainage basins shall be designed to desilt, detain and meter GP, BP CE storm flows as well as release them to natural runoff locations. 31. Concentrated drainage from off-site areas shall be conveyed GP, BP CE across the project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement cannot be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. 32. All public improvements shall be constructed in conformance GP, BP CE with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer 33. Off-site streets shall be improved consistent with the Tentative GP, BP CE Tract Map. \\Cityhall\cdvlpmnt\- pre 06 PI -Ns (Old Planning Docs)\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0074 5435 Olmeda\TPM 2005-0074.PC staff report.kg.doc ITEM NUMBER DATE: 11-21-06 Conditions Of Approval Timing Responsibility Mitigation TPM 2005-0074 /Monitoring Measure PS: Planning Services Address:543501meda Avenue BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 34. Project shall include construction of curb, gutter and sidewalk GP, BP CE along entire frontage. 35. Alignment of frontage improvements shall be approved by the GP, BP CE City Engineer. 36. All utilities shall be undergrounded on project frontage GP, BP CE 37. Applicant shall pay sewer extension (Annexation), Connection BP CE and Reimbursement fees (if applicable) upon issuance of building permit. 38. Drainage piping serving fixtures which have flood level rims BP CE located below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve. \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0074 5435 Olmeda\TPM 2005-0074.PC staff report.kg.doc ITEM NUMBER: 5 DATE: 11-21-06 EXHIBIT C: Tentative Parcel Map AT 05-0267 TPM 2005-0074 OLMEDA AVE. \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0074 5435 Olmeda\TPM 2005-0074.PC staff report.kg.doc ITEM NUMBER: 6 DATE: 11-21-06 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: 448-4221 2. Property Owner: Donald Lampman 9126 San Diego Road, Atascadero, CA 93422 Phone: 466-2664 3. Project Address: 9126 & 9140 San Diego Road, Atascadero, CA 93422 APN 045-431-010 & 045-341-003 4. General Plan Designation 5. Zoning District: 6. Site Area: 7. Existing Use: 8. Environmental Status Background: Rural Estate Residential Suburban Lot size is 9.3 acres; Telecommunications leased area is 700 square feet Telecommunications Facility/ Single Family home Consistent with Certified Negative Declaration issued for original CUP 1998-002 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. ffin—MEWW.>� SRM PLANS SHELTER SITE LEASE AREA DETAILS 1 SITE / BDl emy Km oe•.a Y LEASE AREA DETAIL �••e 9 Original site plan approved for CUP 1998-002 in January 1999 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. Code Enforcement The property at 9126 San Diego is currently a code enforcement case for building without a permit. The property owner was first notified of the violation in February of 2005 but has not responded as of yet. A condition has been added to the project to require that any outstanding code enforcement issues be brought into compliance prior to issuing any new building permits on the property. 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 November 21, 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 fenced area. 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. 20. Any outstanding code enforcement violations must be cleared prior to BP PS,BS building permit issuance. 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 ITEM NUMBER: 7 DATE: 11-21-06 Atascadero Planning Commission Staff Report - Community Development Department Conditional Use Permit 2006-0198 / PLN 2006-1166 (3200 San Fernando Road/ Grizincic) SUBJECT: A request to allow an accessory structure in excess of size requirements allowed by the Municipal Code. The proposed structure is currently under construction (BLD 05- 5736). The applicant is proposing to enlarge the accessory structure by adding a loft. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2006-0092 to approve Conditional Use Permit 2006-0198 based on findings and subject to conditions of approval. SITUATION AND FACTS: 1. Owners: Tom & Alberta Grizincic 13090 Santa Lucia Road, Atascadero, CA 93422 Phone: 461-5406 2. Project Address: 3200 San Fernando Road, Atascadero, CA 93422 (San Luis Obispo County) APN 050-231-003 3. General Plan Designation: Rural Estates (RE) 4. Zoning District: 5. Site Area: 6. Existing Use: Residential Suburban (RS) Approximately 1.809 acres Single -Family Residence 7. Environmental Status: Class 1, Categorical Exemption 15301 ITEM NUMBER: 7 DATE: 11-21-06 DISCUSSION: Background The subject site is located in a Residential Suburban Zone. The applicant applied for and received a building permit for a workshop. The applicant is now proposing to add a loft area to the accessory structure, which results in a building in excess of the 50% maximum allowed by the following Municipal Code section: The gross floor area of a detached accessory structure is not to exceed fifty percent (50%) of the gross floor area of the principal structure. Analysis The applicant is requesting an exception to the maximum allowable size through a minor Conditional Use Permit for the proposed 880 square foot loft. Based on the County Assessor's residential building record, the principal structure contains 3,430 square feet in gross floor area. The accessory structure is currently approved for 1,584 sq feet, the proposed loft will exceed of the maximum size permitted by 749 square feet. Staff has reviewed the site conditions and proposed plans. The proposed accessory structure location and appearance is consistent with the single-family character of the property and surrounding neighborhood. General Plan Consistency Staff finds the proposed request to be consistent with Policy 2.1 of the 2002 General Plan as noted in the Land Use, Open Space and Conservation Element (LOC): Policy 2.1: Ensure that new development is compatible with existing and surrounding neighborhoods. Environmental Determination The project has been determined to qualify for a Class 1 Categorical Exemption under the provisions of the California Environmental Quality Act (CEQA section 15301; Existing Facilities). CONCLUSION: The proposed project is consistent with the General Plan and Atascadero Municipal Code, as analyzed within this staff report. Staff finds that the proposed project as conditioned, meets the required findings necessary for Planning Commission approval. ITEM NUMBER: 7 DATE: 11-21-06 ALTERNATIVES: 1. The Commission may modify the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The Commission should specify the reasons for denial of the project and recommend an associated finding with such action. PREPARED BY: Debra Lutske, Planning Intern ATTACHMENTS: Attachment 1: Vicinity and Zoning Map Attachment 2: Aerial View Attachment 3: Draft Resolution PC 2006-0092 ITEM NUMBER: 7 DATE: 11-21-06 Attachment 1: Vicinity and Zoning E RS Project Site o i RS General Plan: Rural Estates (RE) Zoning: Residential Suburban (RS) Attachment 2: Aerial View ITEM NUMBER: 7 DATE: 11-21-06 i Aim, r p VqWf � \ - ; YJ ' Project Site i Attachment 3: Draft Resolution PC 2006-0092 DRAFT RESOLUTION PC 2006-0092 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING CONDITIONAL USE PERMIT 2006-0198 TO ALLOW A DETACHED ACCESSORY STRUCTURE THAT EXCEEDS FIFTY PERCENT OF THE GROSS FLOOR AREA OF THE PRINCIPAL STRUCTURE. (3200 San Fernando Road —Grizincic) WHEREAS, an application has been received from Tom and Alberta Grizincic (13090 Santa Lucia Road, Atascadero, CA 93422), Property Owners, to consider a request to allow a loft in a detached accessory structure that creates an excess of fifty percent of the gross floor area of the principal structure; and, WHEREAS, the site's General Plan Land Use Designation is RE (Rural Estates); and, WHEREAS, the site's zoning district is RS (Residential Suburban); and, WHEREAS, a Class 1 Categorical Exemption, Section 15301, has been prepared for the project in accordance with the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit application was held by the Planning Commission of the City of Atascadero, at which hearing evidence, both oral and documentary, was admitted on behalf of said project; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on November 21, 2006, studied and considered the proposed Conditional Use Permit; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as follows: 1. The proposed project has been found Categorically Exempt under Class 1, Section 15301 of the California Environmental Quality Act. SECTION 2. Findings for Approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed projector use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on November 21, 2006, resolved to approve Conditional Use Permit 2006-0198 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT C: Elevations EXHIBIT D: Floor Plan On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval Accessory Structure (CUP 2006-0198) Conditions of Approval / Timing Responsibility Notes Mitigation Monitoring Program /Monitoring PS:Planning Services BL: Business BS: Building Services Loft in an Accessory Structure License FD: Fire Department PLN 2006-1166/CUP 2006-0198 GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy F0: Final Occupancy Planning Services 1. This Conditional Use Permit shall be for an 2464 square foot BP PS detached accessory structure located on parcel 050-231-003 (3200 San Fernando Road), regardless of owner. 2. The approval of this use permit shall become final and effective for BP PS the purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to that date, an appeal to the decision is filed as set forth in Section 9- 1.111(b) of the Zoning Ordinance. 3. Approval of this Conditional Use Permit shall be valid for twelve BP PS (12) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the applicant has received a building permit or applied for an extension of entitlement. 4. Approval of this Conditional Use Permit shall be consistent with Ongoing PS Atascadero Municipal Code Zoning Ordinance Sections 9-6.163 and 9-3.701. Any violations of the CUP shall be subject to review and reconsideration by the Planning Commission at a noticed public hearing. 5. The Community Development Department shall have the authority to approve minor changes to the project that address a construction design issue that is not substantive to the land use. 6. The property owner shall defend, indemnify, and hold harmless the BP PS City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the Conditional Use Permit. EXHIBIT B: Site Plan Accessory Structure (CUP 2006-0198) 'r.fmU� EXHIBIT C: Elevations Accessory Structure (CUP 2006-0198) EXHIBIT D: Floor Plan Accessory Structure (CUP 2006-0198)