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Home My WebLink AboutPC_2006-12-05_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, December 5, 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 A. ADMINISTRATION OF OATH OF OFFICE Grace Pucci, Deputy City Clerk, will administer the Oath of Office to new Planning Commissioner, Sandy Jack. 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 December 5, 2006 Page 2 of 5 (All items on the consent calendar are considered to be routine and non -controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions) 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON NOVEMBER 21, 2006. 2. APPROVAL OF THE 2007 PLANNING COMMISSION MEETING SCHEDULE COMMUNITY DEVELOPMENT STAFF REPORTS 3. REVIEW OF CITY COUNCIL STRATEGIC PLANNING ISSUE FOR 2007 City staff will be soliciting the Planning Commission's ideas for land use and zoning topics for the City Council to consider during its Strategic Planning Session. 4. TREE REMOVAL PERMIT 2006-0098 Owner: Christopher Austin, 1194 Pacific Street, San Luis Obispo, CA 93401 Certified Arborist: E. Wesley Conner, Consulting Arborist, 216 Albert Drive, San Luis Obispo, CA 93405 Project Title: Tree Removal Permit 2006-0098 / PLN 2006-1172 Project Location: 6200 Marchant, Atascadero, CA 93422, San Luis Obispo, APN 030-221-026 Project Description: A request to remove one 40" Valley Oak and one 7" Live Oak for the construction of two new detached residential units on a multi -family lot. An existing residence is proposed to remain. 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).) City of Atascadero Planning Commission Agenda 5. MORRO ROAD COFFEE CLASSICS Regular Meeting December 5, 2006 Page 3 of 5 Owner/Applicant: Brent & Laura Rechtfertig, 5045 Via Colonia Court, Atascadero, CA, 93422 Project Title: Conditional Use Permit 2006-0194 / PLN 2006-1147 Coffee Classics Project Location: 6570 Morro Road, Atascadero, CA 93422, San Luis Obispo, APN 030-282-029 Project The proposed project consists of an application for a Conditional Use Permit for a drive - Description: through and pedestrian walkup commercial coffee shop located on 0.24 acres. This site is Project Location: currently vacant. The proposal includes a 346 square foot building with four parking Project spaces (including one handicap space) and a drive-through facility with two windows Description: located on the same side of the building. The project is designed around a Chevron easement located at the front of the property which contains four currently unused pipelines. Frontage improvements are proposed per Cal Trans and City standards. General Plan Designation: General Commercial (GC) Zoning District: Commercial Professional (CP) 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 10/31/06 through 11/29/06 at 6907 EI Camino Real, Community Development Department, Determination: from 8:00 a.m. to 5:00 p.m., Monday through Friday. 6. ROSARIO BANKER HOUSE PLANNED DEVELOPMENT TO BE CONTINUED TO DECEMBER 19. 2006 Owners: Gregory Ravatt & Tina Mayer, 5735 Rosario Avenue, Atascadero, CA 93422 James Barton Albrecht & Natalie Mejia, 4518 Hummel Dr., Santa Maria, CA 93455 Applicant: Gregory Ravatt, 5735 Rosario Ave., Atascadero CA 93422 Project Title: PLN 2099-0789/ZCH 05-0109/CUP 05-0173/TTM 05-0078: Banker House Planned Development Overlay Project Location: 5715/5735 Rosario Avenue, (San Luis Obispo County) APN 029-252-001 Project The proposed project consists of an application for construction of 9 new single family Description: attached and detached homes on individual lots that will be developed under the requirements of a custom Planned Development Overlay District within the RMF -10 Zoning District. One existing Historic Colony Home will be restored as part of the project and the existing carriage house will be restored and retained on-site for use by the residents of the Colony Home. Proposed homes range in size from 1426 square feet to 1565 square feet. Lot sizes range from 1,711 square feet to 14,388 square feet. Three (Live Oak) trees are proposed for removal. The project will take access Rosario Avenue and will be served by City sewer. General Plan Designation: Medium Density Residential (MDR) Zoning District: Residential Multi -Family -10 (RMF -10) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The proposed Mitigated Negative Declaration is available for public review Determination: from 11/6/06 through 12/5/06 at 6907 EI Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. City of Atascadero Planning Commission Agenda Regular Meeting December 5, 2006 Page 4 of 5 COMMISSIONER COMMENTS AND REPORTS 7. REVIEW OF ARTIFICIAL GRASS DETERMINATION ON MARCHANT PLANNED DEVELOPMENT — PLN 2099-0775/CUP 2005-0156 DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on December 19, 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 December 5, 2006 Page 5 of 5 City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m., at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall Annex business hours at the Community Development counter and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-5000, or the City Clerk's Office, (805) 461-5000. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Commission regarding the matter being considered to step up to the podium. If you wish to speak for, against, or comment in any way: • You must approach the podium and be recognized by the Chairperson • Give your name and address (not required) • Make your statement • All comments should be made to the Chairperson and Commission • All comments limited to 5 minutes (unless changed by the Commission) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at least 24 hours prior to the meeting. Access to hook up your laptop to the City's projector will be provided. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Chairperson before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "PUBLIC HEARINGS", the Chairperson will call for anyone from the audience having business with the Commission to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Commission's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Commission). CALL TO ORDER ITEM NUMBER: 1 DATE: 12-5-06 CITY OF ATASCADERO PLANNING COMMISSION AGENDA DRAFT MINUTES Regular Meeting Tuesday, November 21, 2006 — 7:00 P.M. Chairperson Beraud called the meeting to order at 7:00 p.m. and Commissioner Porter led the Pledge of Allegiance. ROLL CALL Present: Commissioners Fonzi, Porter, Slane, O'Keefe and Chairperson Beraud Absent: None Others Present: Recording Secretary Grace Pucci Staff Present: Community Development Director Warren Frace, Public Works Director Steve Kahn, Deputy Community Development Director Steve Kahn, Associate Planner Kelly Gleason, Associate Planner Kerry Margason, Assistant Planner Callie Taylor, Fire Marshal Tom Peterson and City Attorney Patrick Enright. PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA Vice Chairperson O'Keefe suggested changing the order of the agenda to hear Item #7 after the Consent Calendar. MOTION: By Vice Chairperson O'Keefe and seconded by Commissioner Porter to approve the agenda as amended. Motion passed 5:0 by a roll -call vote. PC Draft Minutes 11/21/06 Page 1 of 11 PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON NOVEMBER 7, 2006. MOTION: By Commissioner Fonzi and seconded by Vice Chairperson O'Keefe to approve Item #1. Motion passed 4:0 by a roll -call vote. (Porter abstained) COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS 7. 3200 SAN FERNANDO ROAD LOFT 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: Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. Ex Parte Communications ■ Vice Chairperson O'Keefe stated she had visited the site and spoke with the owner. PUBLIC COMMENT Tom Grzincic, owner, answered questions of the Commission. PC Draft Minutes 11/21/06 Page 2 of 11 John Trevesano stated he lives across the street from this structure, and expressed concern with its size and the potential use of the structure for commercial purposes. Marnie Trevesano stated her concerns with this project including the size of the structure, the institutional look of the building, the potential for use as a commercial enterprise, and incompatibility with the surrounding neighborhood. Joe Giaquinta explained he objected to the industrial look of the structure, which does not fit in this area, and stated it is unsightly from his home as he has a direct view of the fenced in area and structure. Tom Grzincic explained that the house when completed will be pleasing to the neighborhood, that he is not a contractor, and that there will no be extra traffic in the neighborhood once this project is completed. Chairperson Beraud closed the Public Comment period. Associate Planner Kelly Gleason addressed issues raised during the Public Comment period. PUBLIC COMMENT Joe Giaquinta asked if the height of the structure has been verified. Marne Trevesano expressed her shock that a residence can be built with an accessory structure and with no type of review. Chairperson Beraud closed the Public Comment period. Associate Planner Gleason stated height verification was not required, but the Commission could add a condition for it. MOTION: By Commissioner Porter and seconded by Commissioner Fonzi to adopt Resolution PC 2006-0092 to approve Conditional Use Permit 2006-0198 based on findings and subject to conditions of approval. Motion passed 4:1 by a roll -call vote. (Slane opposed) PC Draft Minutes 11/21/06 Page 3 of 11 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: Rancho de Paraiso Phase 4 Subdivision (PLN 2099-1156/ZCH 2004-0089, CUP 2004- 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 Description: 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) Proposed 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. 3. RANCHO DE PARAISO PHASE 4 SUBDIVISION 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- 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- 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 to 50%. All resulting parcels will connect to community water facilities and utilize onsite septic systems. General Plan Designation: RE Zoning District: RS Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is PC Draft Minutes 11/21/06 Page 4 of 11 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 p.m., Monday through Friday. Commissioner Slane stepped down from consideration of this item stating he lives across the street from this development. Associate Planner Kerry Margason gave the staff report and with Fire Marshall Tom Peterson and Public Works Director Steve Kahn answered questions of the Commission. PUBLIC COMMENT Ken Wilson, applicant's representative, spoke about the project and requested several changes to the conditions: 1) waive the tree mitigation fee because of the amount of tree preservation for the project, 2) private driveways for Lots 10 and 11, and 3) minimize the overlay on Portal Road. Mr. Wilson answered questions of the Commission. Bill Robinson stated his concern with the damage to the roads due to the increase of traffic and heavy equipment during construction and would like to see either a new overlayment or rebuilding of the corner. Myra Douglas remarked that she was disappointed there was no provision for public access to the open space, and expressed concern with the driveways coming out on Santa Lucia just before the Laurel Road entrance due to limited visibility. Gail Swazey stated her concerns including lack of areas for hiking or viewing the preservation area and watershed issues once the new homes are built. Chairperson Beraud closed the Public Comment period. Public Works Director Kahn and Associate Planner Margason addressed issues raised during the Public Comment period. MOTION: By Vice Chairperson O'Keefe and seconded by Commissioner Fonzi to continue this item to a date uncertain with the following items brought back to the Commission: 1. Look at the option of shortening the driveway that now serves Lots 4 and 5 and only leave Lot 5 on top of the hill, moving Lot 4 down to Laurel, and shorting the driveway for Lot 5. 2. Map all the driveways and look at site distance for all. 3. Arrange a site visit for the Commission prior to the next meeting. 4. Look at the options for accepting the tree easement in lieu of fees. PC Draft Minutes 11/21/06 Page 5 of 11 5. Investigate a public trail option with information on liability issues. 6. Applicant to consider reworking the clustering of the homes at Laurel and Santa Lucia. Motion passed 3:1 by a roll -call vote. (Porter opposed) Commissioner Porter stated for the record he voted no due to the excessiveness of what the Commission is asking to be brought back, his only concern was the safety of the driveways. Commissioner Slane rejoined the hearing. 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: Community Development Director Warren Frace gave the staff report and answered questions of the Commission. Ex Parte Communications ■ Commissioner Fonzi stated she had walked the site with the applicant and received an email from Kevin Ashley to which she did not respond. ■ Chairperson Beraud stated she walked the site, spoke with several neighbors and received an email from one of those neighbors. Chairperson Beraud recessed the hearing at 8:47 p.m. Chairperson Beraud called the meeting back to order at 8:53 p.m. PC Draft Minutes 11/21/06 Page 6 of 11 PUBLIC COMMENT Ken Wilson, applicant's representative, spoke about the impacted trees and stated that the developer must disclose potential damage issues from those trees to buyers. Mr. Wilson answered questioned of the Commission. Don Messer, applicant, stated he has done everything staff has required and addressed issues raised by the Commission. Celia Bewley thanked the applicant for his efforts to preserve the trees but stated that despite those efforts the area is heavily impacted and encouraged continued mitigation measures. Kevin Ashley expressed his concerns regarding tree impacts and mitigations, discrepancies in the arborist's map, and loss of his access to Encino Road. He urged the Commission to require a full on sight inspection and restoration of the original mitigation fees. Cindy Sasur read the original City Council motion for this project and spoke about the changes that have occurred since that time. She raised several questions regarding realignment of the road, the fire road, tree removals and the accuracy of the arborist's map. Mark Bewley asked the Commission to revisit the issue of tree mitigation as he does not think the applicant can swap other mitigations for the tree removal mitigations. Gene Ziginbine stated his belief that there should be something in place to monitor contractors to ensure they play by the rules. He was concerned that some properties were graded that did not belong to the applicant. Cindy Sasur commented on the original conditions of approval that were violated by the developer and presented photographs to back up her comments. Don Messer addressed issues raised by the previous speakers and stated he did all he could to save the trees and has had arborists on site many times. Kevin Ashley commented that Mr. Messer has gained more property through the Road Abandonment. Chairperson Beraud closed the Public Comment period. Commissioner Slane expressed concern with the applicant's lack of attention to detail on this project, stated the trees are his biggest concern and that Mr. Messer should be contributing to the tree fund. PC Draft Minutes 11/21/06 Page 7 of 11 Vice Chairperson O'Keefe explained the reasons why she could only vote for this Extension if the applicant agrees to pay into the tree fund per the original staff recommendation. Chairperson Beraud, read an email into the record that she had received from Ginger Clevesal, regarding road improvements for damage done to Atajo Road during construction. Public Works Director Steve Kahn and Community Development Director Warren Frace addressed issues raised during the public comment period. Commissioner Porter stated he would be in favor of allowing Mr. Messer to go forward but with the assessment of mitigation fees. Commissioner Fonzi remarked that it was important to acknowledge the loss of a valuable resource in this area. She suggested allowing the applicant to proceed, but to split the mitigation fees in acknowledge of what he has done in putting in the road. Chairperson Beraud commented the applicant must pay fully into the mitigation fund not as a penalty but to allow the City to purchase property that has not been degraded. MOTION: By Vice Chairperson O'Keefe and seconded by Commissioner Slane to 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, and an additional condition of approval is that the applicant pay the full tree mitigation funds, and including the additional conditions recommended by staff with the following changes: 1. Condition No. 58 modified to read: The applicant shall submit a bond mitigation deposit for the potential removal of tree 1-55. The bond amount mitigation deposit shall include the cost of removal and the impact fee. 2. Condition No. 12 to read: Encino Road shall be constructed to a fire access road standard with a 20 foot wide maximum paved surface or as built. Motion passed 3:2 by a roll -call vote. (Porter, Fonzi opposed) Commissioner Porter stated for the record he voted no because Commissioner Fonzi's idea of 50% of mitigation had merit. Commissioner Fonzi stated for the record that she voted no because she thinks the mitigation is excessive and should be split 50/50. PC Draft Minutes 11/21/06 Page 8 of 11 5. 5435 OLMEDA CONDOMINIUM MAP 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- 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 Determination: Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Greg Ravatt, project architect, gave a PowerPoint presentation on the project, and answered questions of the Commission. Dan Ister stated he lives next door to the project and made several requests including preservation of the 55 year old wisteria along the fence line, and pruning of the oak tree that overhangs his garage. He expressed concern with the loss of privacy due to the second story windows of the middle house. Roger Emmons, applicant, stated he would have no problem with moving the second story windows to accommodate Mr. Ister's privacy, and that the Wisteria along the property line is a benefit which he will do his best to maintain. Chairperson Beraud closed the Public Comment period. MOTION: By Commissioner Porter and seconded by Commissioner Fonzi by to adopt Resolution PC 2006-0098 approving Tentative Parcel Map 2005-0074, a request to establish three airspace units on one common lot, based on findings and subject to conditions of approval, and adding the usual tree mitigation measures that require any tree with impacts of 40 percent or greater to be bonded, with the finding for the tree removal that it is obstructing proposed development, and adding all addendum items as presented by staff. Motion passed 5:0 by a roll -call vote. PC Draft Minutes 11/21/06 Page 9 of 11 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: Assistant Planner Callie Taylor gave the staff report and answered questions of the Commission. PUBLIC COMMENT Susan Hahn, applicant's representative, was available for questions. Chairperson Beraud closed the Public Comment period. MOTION: By Commissioner Fonzi and seconded by Vice Chairperson O'Keefe to adopt Planning Commission Resolution 2006-0088 approving Conditional Use Permit 2006-0195, an amendment to CUP 1998-002, subject to Conditions of Approval. Motion passed 5:0 by a roll -call vote. COMMISSIONER COMMENTS AND REPORTS Commissioner Porter announced that as of tonight's meeting he would be stepping down from the Commission due to family priorities at this time. Director Frace asked Commissioner Porter if he could tender his resignation effective December 12th to be available for the next meeting if needed. Commissioner Porter agreed. Vice Chairperson O'Keefe referred to Kelly Gearhart's project on Marchant and the approval for the use of artificial turf. She stated her research has shown that artificial PC Draft Minutes 11/21/06 Page 10 of 11 turf can be a health hazard and suggested looking into this further as the City did give its approval. Director Frace explained how staff made the decision to allow the artificial turf. There was Commission agreement to bring this issue back for further discussion on the next agenda. Commissioner Fonzi asked for a report on the moratorium on additional site condominiums. Director Frace gave an overview of the moratorium. 8. VETERAN MEMORIAL SITE SELECTION AD HOC COMMITTEE APPOINTMENT Community Development Director Warren Frace gave a brief report on this appointment. There was Commission consensus to appoint Commissioners O'Keefe, Fonzi and Slane to the Veteran Memorial Site Selection Ad Hoc Committee. DIRECTOR'S REPORT Community Development Director Frace reported that staff is working with the third year landscape architecture class at Cal Poly looking at options for downtown, which they would like to present at the next Commission meeting. There was Commission discussion and it was decided to have an informal special meeting from 5:00 to 6:30 p.m. on December 5t" City Attorney Patrick Enright reported that mandatory ethics training is scheduled for December 7t" at 2:00 p.m. and 6:00 p.m. in the Council Chambers. Director Frace reviewed the agenda for the next Planning Commission meeting. ADJOURNMENT Chairperson Beraud adjourned the meeting at 11:00 p.m. to the next regularly scheduled meeting of the Planning Commission on December 5, 2006. MINUTES PREPARED BY: Grace Pucci, Recording Secretary PC Draft Minutes 11/21/06 Page 11 of 11 ITEM NUMBER: 2 DATE: 12-5-06 CITY OF ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT DRAFT Planning Commission Meeting Schedule 2007 MEETING DATE MEETING TYPE TIME LOCATION: City Hall Council Chambers 6907 El no Real . . January 2 CANCELLED January 16 Regular 7:00 p.m. " February 6 Regular 7:00 p.m. " February 20 Regular 7:00 p.m. " March 6 Regular 7:00 p.m. " March 20 Regular 7:00 p.m. " April 3 Regular 7:00 p.m. " April 17 Regular 7:00 p.m. " May 1 Regular 7:00 p.m. " May 15 Regular 7:00 p.m. " June 5 Regular 7:00 p.m. " June 19 Regular 7:00 p.m. " July 3 CANCELLED 7:00 p.m. July 17 Regular 7:00 p.m. " August 7 Regular 7:00 p.m. It August 21 Regular 7:00 p.m. it September 4 Regular 7:00 p.m. it September 18 Regular 7:00 p.m. it October 2 Regular 7:00 p.m. it October 16 Regular 7:00 p.m. " November 6 Regular 7:00 p.m. it November 20 December 4 Regular Regular 7:00 p.m. " 7:00 p.m. it December 18 Regular 7:00 p.m. " T:\PC Meeting Schedule\PC Meeting Schedule 2007.doc 6907 EL CAMINO REAL, ATASCADERO, CA 93422 . (805) 461-5000 • FAX (805) 461-7612 ITEM NUMBER: 3 DATE: 12-5-06 REVIEW OF CITY COUNCIL STRATEGIC PLANNING ISSUE FOR 2007 City staff will be soliciting the Planning Commission's ideas for land use and zoning topics for the City Council to consider during its Strategic Planning Session. \\Cityhall\cdvlpmnt\—PC Agendas\Place Holder.doc ITEM NUMBER: 4 DATE: 12-5-06 Atascadero Planning Commission Staff Report - Community Development Department Tree Removal Permit PLN 2006-1172 / TRP 2006-0098 (6200 Marchant Ave.) SUBJECT: A request to remove two (2) native oak trees totaling 47 inches (dbh) for the construction of a multi -family project. RECOMMENDATION: Based on the Arborist correspondence, it appears as though the project can be redesigned to accommodate saving the 40" Valley Oak tree. If the Planning Commission finds that the tree removal is necessary for the proposed development, a resolution of approval has been included. Staff has included the following actions for your consideration: 1. The Planning Commission adopt Resolution PC 2006-0109 to approve the request to remove two (2) native oak tree subject to findings and conditions of approval. 2. The Planning Commission adopt Resolution PC 2006-0109 to deny the request to remove two (2) native oak tree subject to findings and conditions of approval. Situation and Facts: 1. Owner/Applicant: Christopher Austin, 1194 Pacific Street, San Luis Obispo, CA 93401 2. Certified Arborist: E. Wesley Conner, Consulting Arborist, 216 Albert Drive, San Luis Obispo, CA 93405 3. Project Address: 6200 Marchant Ave, Atascadero, CA 93422 APN: 030-221-026 ITEM NUMBER: 4 DATE: 12-5-06 BACKGROUND: The applicant is proposing to construct two detached units and retain one existing unit to create a three unit multi -family development. Staff has worked with the applicant during the plan check process to determine if an alternative layout would create less impact to the existing 40" Valley Oak and allow for retention of the tree. The project Arborist reviewed the plans and felt that the tree could be saved with mitigation measures incorporated. However, based on the attached communication between the applicant and the Arborist, they feel that requesting removal of the tree is the best solution for development of the site (see Attachment 2). ANALYSIS: According to the Arborist correspondence dated May 5, 2006, the 40" Valley oak is in poor condition and could pose potential hazards to residents if it were retained on-site due to its age and current condition. The second tree the applicant is requesting to remove is a 7" Live Oak tree which is in the area of proposed driveway improvements. ITEM NUMBER: 4 DATE: 12-5-06 FINDINGS: Pursuant to the Tree Ordinance (Ordinance No. 214), "decisions on native tree removals of 24 -inch dbh-size or larger shall be made by the Planning Commission." In considering any Tree Removal Permit request, at least one of the findings must be made. (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 promote healthier growth in the trees 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 for existing and/or proposed active or passive solar heating or cooling, as certified by a report from the site planner; (V) The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the site planner and determined by the Community Development Department based on the following factors: 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. Saving the tree requires the removal of more desirable trees. ALTERNATIVES: 1. The Planning Commission can refer the project back to the applicant and staff for additional information. 2. The Planning Commission can approve both or one tree for removal. If the Planning Commission finds that only one tree meets the removal criteria of the Native Tree Ordinance, the resolution for approval would need to be amended to reflect the modified findings. 3. The Planning Commission can deny the tree removal. The applicant would be required to redesign the site to the satisfaction of the consulting arborist to ensure that minimal construction impacts to the tree occur. CONCLUSION: The applicant is proposing the removal of two native oak trees for the construction of two new detached units on a multi -family project site. The project Arborist has stated that maintaining the trees with the proposed development as planned is not ideal, and thus, the applicant is requesting that you approve the proposed tree removal. ITEM NUMBER: 4 DATE: 12-5-06 PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1: Project Location Attachment 2: Arborist Correspondence, Report, and Addendum #1 Attachment 3: Draft Resolution PC 2006-0109 to approve request Attachment 4: Draft Resolution PC 2006-0109 to deny request ITEM NUMBER: 4 DATE: 12-5-06 Attachment 1: Project Location Attachment 2: Arborist Report See Following ITEM NUMBER: DATE: 12-5-06 ITEM NUMBER: 4 DATE: 12-5-06 Attachment 3: Draft Resolution PC 2006-0109 DRAFT RESOLUTION PC 2006-0109 A RESOLUTION OF THE PLANNING COMMISSION OF ATASCADERO APPROVING A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL OF TWO NATIVE TREES LOCATED AT 6200 MARCHANT AVE APN 030-221-026 (PLN 2006-1172/TRP 2006-0098) WHEREAS, an application for a Tree Removal Permit has been received from Christopher Austin, 1194 Pacific Street, San Luis Obispo, CA 93401, Property Owner, to allow the removal of two native oak trees located at 6200 Marchant Ave., APN 030-221-026, and, WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on December 5, 2006, and considered testimony and reports from staff, the applicants, and the public; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of Tree Removal Permit. The Planning Commission finds as follows: Trees proposed for removal are obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from a certified arborist and determined by the Community Development Department based on the following factors: • Early consultation with the City; • Consideration of practical design alternatives; • Provision of cost comparisons (from applicant) for practical design alternatives; • If saving tree eliminates all reasonable uses of the property; or • If saving the tree requires the removal of more desirable trees; and, SECTION 2. Approval. The Planning Commission hereby approves Tree Removal Permit 2006-0098 subject to the following Conditions and Exhibits: Exhibit A: Conditions of Approval Exhibit B: Proposed Site Plan ITEM NUMBER: 4 DATE: 12-5-06 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: 4 DATE: 12-5-06 Exhibit A: Conditions of Approval Tree Removal - PLN 2006-1172 Conditions of Approval Timing Responsibility Mitigation PLN 2006-1172/TRP 2006-0098 /Monitoring Measure PR: dorm Removal PS: Planning Services 6200 Marchant Ave. BL: Business License BS: Building Services BP: Building Permit FD: Fire Deparhent TO: Temporary Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. The applicant shall mitigate the removal of the trees in PR PS accordance with the requirements of the Atascadero Native Tree Ordinance. Evergreen Native Trees (inches) Deciduous Native Trees (inches) Totals dbh notes dbh notes 1 7 -inches 1 40 -inches Total 7 -inches Total 40 -inches 47 -inches Mitigation Requirement Tree Fund Payment: $ 58.33 Tree Fund Payment: $ 666.67 $ 725.00 ITEM NUMBER: 4 DATE: 12-5-06 Exhibit B: Proposed Site Plan Tree Removal - PLN 2006-1172 Doc. # 1991-0()8101 � ya Q 30 ) �' ; Fd rbr. no cap �3 a' 7" tree accepted per R1 b_ O "99:26'. M 99.31' R1 1 174.4j' M 174.64' R T-3. -Fd Rb 5y�00 per fil o Ar.. URIV 69 0 10'21'20IT ... 2 48 \ FF498.5* I.L=99.06' I 12' WIDE A.C. 40 1� � 1 ()RIVE µ - ee 4 tree GARAGE o\'FF=498.5' }.... .. ._ DRIVEW, 3 3 o/ y 1 Z5 APPROACH PE 2% --12' WIDEAC. - ',STANDARD! 0. DRIVE a GARAGE Q I a 1j 'O yp CO�o d "te" O'cap ceepted ber RI w 8' HIGH / WOOD FENC � � 2y � ",� t130 -69,R — 5' O&R�186.44 R1 . - —`Fd rbr. L 5700 a_, c pled p^r RI J 1•- M. 217.00' R �. 30 E 319.39' 216. R. 526 E 3l6_90 l,arcel 1,235 X31 PM jai ITEM NUMBER: 4 DATE: 12-5-06 Attachment 3: Draft Resolution PC 2006-0109 DRAFT RESOLUTION PC 2006-0109 A RESOLUTION OF THE PLANNING COMMISSION OF ATASCADERO DENYING TREE REMOVAL PERMIT FOR A MULTI -FAMILY DEVELOPMENT AT 6200 MARCHANT AVE APN 030-221-026 (PLN 2006-1172/TRP 2006-0098) WHEREAS, an application for a Tree Removal Permit has been received from Christopher Austin, 1194 Pacific Street, San Luis Obispo, CA 93401, Property Owner, to allow the removal of two native oak trees located at 6200 Marchant Ave, APN 030- 221-026, and, WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on December 5, 2006, and considered testimony and reports from staff, the applicants, and the public; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Denial of Tree Removal Permit. The Planning Commission finds as follows: • The site can be redesigned to avoid the need for tree removal • The trees are not dead or diseased beyond reclamation SECTION 2. Denial. The Planning Commission hereby denies Tree Removal Permit 2006-0098 subject to the following Conditions and Exhibits: Exhibit A: Proposed Site Plan ITEM NUMBER: 4 DATE: 12-5-06 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 Exhibit A: Proposed Site Plan I)()r'. # 1997-0()11107 30 ) Fd rbr. no cap accepted per R1 ,o t, 8 r a ror. LP 0/0() accepted Per R1 30 E 3 9.39 R 1 52fi E �_90 M ITEM NUMBER: 4 DATE: 12-5-06 Q yea oQ o NJO,01'39 a�—� O 216.-71' M 217.00 R Parcel A ,23VIA XT 13 15 7.`,2' 1 -1-S 0, lr O 10'21' R= S!18. I L= 99.06' M APs iT� DRIVEP: _ APPROACH FE = n r / STANDAR ITEM NUMBER: 5 DATE: 12-5-06 Atascadero Planning Commission Staff Report - Community Development Department 6570 Morro Road CUP 2006-0194/PLN 2006-1147 (Master Plan of Development: Coffee Classics) SUBJECT: The proposed project consists of an application for a Conditional Use Permit to establish a drive-through coffee shop at 6570 Morro Road. The project site improvements include parking, site landscaping, and street frontage improvements. Planning Commission adopt Resolution PC 2006-0099 certifying Proposed Mitigated Negative Declaration 2006-0035 and approving the Master Plan of Development (CUP 2006-0194) based on findings and subject to Conditions of Approval and Mitigation Monitoring. SITUATION AND FACTS: 1. Owner/ Applicant Brent and Laura Rechtfertig, 5045 Via Colonia Court, Atascadero, CA, 93422 2. Project Address: 6570 Morro Road, Atascadero, CA 93422 APN 030-282-029 3. General Plan Designation: General Commercial (GC) 4. Zoning District: Commercial Professional (CP) 5. Site Area: 0.24 acres 6. Existing Use: Vacant 7. Environmental Status: Proposed Mitigated Negative Declaration 2006-0035 DISCUSSION: Background The proposed project consists of a request to establish a drive-through coffee shop located on a vacant commercial site on Morro Road. The Master Plan of Development includes two order windows and a walk-up window. No customer seating is proposed. The project site is within the General Commercial General Plan Land Use Designation and is zoned Commercial Professional, which allows for the establishment of a drive- through restaurant with the approval of a Conditional Use Permit. There is a 20 -foot wide easement located across the front of the property which contains four currently unused pipelines owned by Chevron. Appearance Review Site Design IF --e �91 _ +d� F V� r,> ------------------------------------------/----------------- I I• J 20' wide Chevron Easement ---- % 5' setback required from easement I The proposal includes a 346 square foot building / drive-through facility with two order windows located on the same side of the building, and an additional walk up window facing the street frontage. No indoor customer seating is proposed; the business will be for drive through and walk up only. Four parking spaces are proposed behind the building, including one handicap accessible space, consistent with the Zoning Ordinance requirements. The handicap space will be van accessible, however, is not required by to be labeled exclusively for handicap parking, since there are less than five spaces required. The site plan includes the reduced side landscape setback on one side, which allows a reduction in landscape from the standard five feet to three feet with the use of decorative concrete or pavers. Rather than applying the decorative surface on only the one side of the lot, staff has recommended that the applicant apply the required area of decorative surfacing to the front of the lot, creating a more visually appealing frontage as viewed from Morro Road. Cal Trans & Chevron Approval The project is designed around a 20 foot wide Chevron fuel line easement located at the front of the property which contains four currently unused pipelines. There is a 5 foot minimum building setback from the easement, and four above ground vent pipes. Frontage improvements are proposed per Cal Trans and City standards. The applicant has worked with both Cal Trans and Chevron to meet additional requirements. Street frontage and handicap access has been designed per Cal Trans standards. The applicant has obtained a letter from Chevron stating that the proposed improvements meet their requirements. The Mitigated Negative Declaration was distributed to both agencies. Architecture. Materials. Color. and Elevations The proposed building includes elements of an art deco,50's diner style architecture. Colors and signage are incorporated into the facades. The applicant has included a color and material board which further defines the selected architectural style. Refer to Exhibit J for details (a color copy is available on file at the Community Development Department.) - tt7lT e O '4iariniE— - �, EAST ELEVATION Landscape Design © ___ ©u��l�■ ME■ v © r The preliminary landscape plan has been designed for compatibility with the surrounding commercial development. The proposal includes a large landscape area in the front of the lot over the Chevron easement. Shade trees are provided throughout the parking lot. The proposed landscape plan and palette, as conditioned, meets appearance review requirements. Native Trees No native trees are proposed for removal. Three Coastal Live Oaks which are located on the adjacent sites will be impacted up to 25% by the construction of the driveway; tree protection fencing will be required. Refer to arborist report (exhibit F). Sign Program A sign program has been included as part of the Master Plan of Development. The applicant is proposing wall signs with the Coffee Classics logo on three sides of the building, and a neon lettered sign to wrap around the building on three sides. One projecting sign is located in the front. Awing signs are also incorporated. The project includes one monument sign located at the front of the lot in a landscaped area. A summary of the signage specification is included in the plans and available in the Community Development Department for review. Total signage on site is 119 square feet, which is within the 125 square feet allowed by the sign ordinance in the commercial zone. In addition to the signage listed in the sign program, the building incorporates plum and gold paint colors. The Zoning Ordinance identifies high chroma colors as a sign, however, staff believes that in this case the colors are incorporated into the architectural style of the building and integrated in a way that does not take on the appearance of a sign, and therefore should not count as additional signage. General Plan Consistency The proposed project is consistent with the following General Plan Land Use Element Policies: Land Use Program 1.1.7: "Within the Urban Core encourage infill development or revitalization or reuse of land already committed to urban development where utilities and public services exist. Land Use Policy 2.1: "Ensure that new development is compatible with existing and surrounding neighborhoods". Implementing General Plan programs requires appearance review of architectural design, materials and color, and landscaping to improve the appearance along Morro Road. As analyzed above, the proposed project, as conditioned is consistent with the General Plan. In staff's opinion the proposed drive-through restaurant is consistent with the goals and policies of the Land Use Element. The project incorporates elements that are consistent with the scale and character of the surrounding commercial uses and consistent with the General Plan's appearance review requirements, providing attractive architecture and landscape design. Findings Conditional Use Permit A Conditional Use Permit is required for all drive-through restaurants. 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 appropriateness of use, architectural design, site design, landscape, signage, and specific standards of the Zoning Ordinance. The Planning Commission must make the following five findings to approve a Conditional Use Permit: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The use is consistent with the General Commercial designation of the General Plan and General Plan Land Use Element Policy 1.1.7 and 2.1. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the Planned Development Ordinance. Staff Comment: As conditioned, the project satisfies all conditional use permit and Planned Development zoning code provisions for a commercial development. 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 commercial development 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 enhance the appearance along Morro Road with high quality architecture and project landscaping. The project site has been designed with landscaping and decorative concrete along the street frontage with parking to the rear, providing a pedestrian oriented development. 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, as conditioned, is consistent with the traffic projections and road improvements anticipated within the General Plan. Based on staff's analysis in the preceding sections, it appears that all of the required findings for approval of a Conditional Use Permit can be made. Proposed Environmental Determination A Draft Mitigated Negative Declaration was circulated to public agencies and interested members of the public on October 31, 2006, including Cal Trans, Chevron, and the State Clearinghouse for a 30 day review. The Environmental Analysis identified concerns regarding potential impacts to aesthetics, noise, and traffic. Mitigation measures pertaining to these resources are included. It is the opinion of staff that the combination of design features incorporated into the proposed project, mitigation measures, and conditions of approval will reduce any potential environmental impacts to a level of insignificance. 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 that the Commission certify Proposed Mitigated Negative Declaration 2006-0035. Conclusion The proposed project represents an infill commercial project within the Commercial Professional zone. The Master Plan of Development covers all site development, landscaping, signage, and architectural design standards for the project. The proposed project is consistent with the General Plan and Atascadero Municipal Code, as analyzed within this staff report. It is staff's opinion that the proposed project, as conditioned, allows the Planning Commission to make all of the required findings for project approval. 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 deny the project. The parcel would retain its designation of Commercial Retail. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Callie Taylor, Assistant Planner ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Draft Resolution PC 2006-0099 Attachment 1: Location Map, General Plan and Zoning Zoning: CP (Commercial Professional) General Plan Designation: GC (General Commercial) Surroundina Land Use and Settin North: Commercial Professional South: Commercial Professional West: Commercial Professional/ RMF -16 East: Commercial Retail / Commercial Tourist ATTACHMENT 2: Draft Resolution PC 2006-0099 DRAFT RESOLUTION PC 2006-0099 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO CERTIFYING PROPOSED MITIGATED NEGATIVE DECLARATION 2006-0035 AND APPROVING CONDITIONAL USE PERMIT 2006-0194 APN 030-282-029 (6570 Morro, Coffee Classics) WHEREAS, an application has been received from Brent and Laura Rechtfertig (5045 Via Colonia Court, Atascadero, CA, 93422) Applicant to consider a project consisting of a Conditional Use Permit (CUP 2006-0194) for a drive-through restaurant at 6570 Morro, Atascadero, CA 93422 (APN 030-282-029); and, and, WHEREAS, the site's current General Plan Designation is General Commercial (GC); WHEREAS, the site's current zoning district is Commercial Professional (CP); and, WHEREAS, Drive-through restaurants are a Conditional Use in the Commercial Professional zone; and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2006-0035 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on December 5, 2006, studied and considered the Conditional Use Permit 2006-0194, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Certification of the Proposed Mitigated Negative Declaration. The Planning Commission finds as follows: 1. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project's mitigation monitoring program as conditions of approval; and, 2. The project will not achieve short-term to the disadvantage of long term environmental goals; and, 3. The project does not have impacts which are individually limited, but cumulatively considerable; and, 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. 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 project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on December 5, 2006, resolved to approve the Conditional Use Permit 2006- 0194 subject to the following: EXHIBIT A: Proposed Mitigated Negative Declaration EXHIBIT B: Conditions of Approval EXHIBIT C: Master Plan of Development/ Site Plan EXHIBIT D: Additional Site Plan & Sections EXHIBIT E: Tree Protection Plan EXHIBIT F: Arborist Report EXHIBIT G: Landscape Plan EXHIBIT H: Floor Plans EXHIBIT I: Elevations EXHIBIT J: Color and Materials Board On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A Proposed Mitigated Negative Declaration 2006-0035 See Following EXHIBIT B: Conditions of Approval / Mitigation Monitoring Program Conditional Use Permit 2006-0194 / PLN 2006-1147 Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin BL: Business License 9 6570 Morro Road GP: Grading Permit Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services 2006-0194 / PLN 2006-1147 TO: TempoBS:CUP Occupanccymry Serviceisding F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attomey Planning Services 1. This conditional use permit shall be for a drive-through restaurant and FM PS associate site improvements as described on the attached exhibits and located on parcel 030-282-029 regardless of owner. 2. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority to BP/FM PS, CE 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 unless appealed to the City Council. 4. Approval of this Conditional Use Permit shall be valid for twelve (12) months BP/FM PS after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 5. The applicant shall defend, indemnify, and hold harmless the City of Ongoing Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 6. All subsequent Tentative Map and construction permits shall be consistent BP/FM PS, CE with the Master Plan of Development contained herein. 7. All exterior elevations, finish materials, and colors shall be consistent with BP PS the Master Plan of Development as shown in EXHIBITS C through J with the following modifications: ■ All exterior material finishes shall be durable, high quality, and consistent with the architectural appearance. ■ All trash storage, recycle storage, and air conditioning units shall be screened from view behind architecturally compatible or landscaped enclosures; ■ Any exterior light fixtures shall be compatible with building design, subject Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin BL: Business License 9 6570 Morro Road GP: Grading Permit Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services CUP 2006-0194 / PLN 2006-1147 TO: Temporary Occupancy BS: Building Services FO: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney to staff approval. ■ Stucco siding shall be smooth finish or similar. ■ Final color selection subject to staff approval. 8. A final landscape and irrigation plan shall be approved prior to the issuance BP PS, BS of building permits and included as part of site improvement plan consistent with EXHIBIT G, and as follows: ■ All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site. ■ All street trees shall be 15 -gallon London Plane trees; the two crape myrtles shown on the landscape plan closest to Morro Road shall be changed to London plane trees. ■ Street and landscape trees shall be minimum 15 -gallon size and double staked. ■ All landscaping shall be drought tolerant. ■ All retaining walls or screening walls shall be constructed of a dark color split face block, subject to staff approval. 9. The developer and/or subsequent owner shall assume responsibility for the GP PS continued maintenance of all landscape and common areas, consistent with BP EXHIBIT G. 10. The monument sign shall include materials and colors compatible with the approved building design, subject to staff approval. 11. The owner shall provided a future reciprocal access easement on the north and south side property lines if the there is a possibility of shared access with future developments along Morro Road. 12. The project shall include pavers or decorative concrete along the property frontage. The area of decorative pavement shall be equal to the area of the lane that has a reduced landscape setback. 13. The applicant shall obtain letters of approval or permits from Cal Trans & Chevron prior to permit issuance. 14. All lanes to marked no parking, no stopping. City Engineer Project Conditions 1. Applicant shall submit a copy of Caltrans project approval prior to GP, BP CE Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin BL: Business License 9 6570 Morro Road GP: Grading Permit Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services CUP 2006-0194 / PLN 2006-1147 TO: Temporary Occupancy BS: Building Services FO: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney issuance of either a grading or building permit. 2. A sewage backflow valve will be required for the project if the finished BP CE floor elevation is less than 1' above the next upstream manhole rim elevation. City Engineer Standard Conditions 3. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous GP, BP CE to the property frontage. 4. The applicant shall acquire title interest in any off-site land that may be GP, BP CE required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 5. Slope easements shall be obtained by the applicant as needed to GP, BP CE accommodate cut or fill slopes. 6. Drainage easements shall be obtained by the applicant as needed to GP, BP CE accommodate both public and private drainage facilities. 7. Prior to the issuance of building permits the applicant shall submit plans GP, BP CE 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. 8. 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 overnow. 9. Provide for the detention and metering out of developed storm runoff so GP, BP CE that it is equal to or less than undeveloped storm runoff. 10. Drainage basins shall be designed to desilt, detain and meter storm flows GP, BP CE as well as release them to natural runoff locations. 11. Show method of conduct to approved off-site drainage facilities. GP, BP CE 12. All public improvements shall be constructed in conformance with the City GP, BP CE of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 13. Project shall include construction of curb, gutter and sidewalk along entire GP, BP CE frontage. Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program iiity Measure /Monitorin BL: Business License 9 6570 Morro Road GP: Grading Permit Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services CUP 2006-0194 / PLN 2006-1147 TO: Temporary Occupancy BS: Building Services FO: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 14. Alignment of frontage improvements shall be approved by the City GP, BP CE Engineer. 15. All utilities shall be undergrounded on project frontage. GP, BP CE 16. Applicant shall pay sewer extension (Annexation), Connection and BP CE Reimbursement fees (if applicable) upon issuance of building permit. Atascadero Mutual Water Company 17. Before the issuance of building permits, the applicant shall submit GP, BP CE plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross -connection devices shall conform to AWWA and California Department of Health Services standards. 18. Before the start of construction on the water system improvements, the GP, BP CE applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. 19. Before issuance of building permits, the applicant shall obtain a "Will GP, BP CE Serve" letter from AMWC for the newly created lots within the subdivision. 20. The applicant shall provide AMWC with easements for those water GP, BP CE facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 21. The applicant is responsible for designing and constructing water GP, BP CE 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.d.1: Exterior parking lot lighting shall be designed to BP BS, PS, 1.d.1 eliminate any off site glare. All exterior site lights shall utilize full cut-off, CE "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 14 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the site. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP, GP BS, PS, 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM -10) CE as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Conditions of Approval / Mitigation Monitoring Program 6570 Morro Road Conditional Use Permit CUP 2006-0194 / PLN 2006-1147 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsib ility /Monitorin 9 PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 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 plana to be reworked at dates greater than one month after initial grading should be sown with a fast - germinating native grass seed and watered until vegetation is established. f. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. g. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. h. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin BL: Business License 9 6570 Morro Road GP: Grading Permit Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services CUP 2006-0194 / PLN 2006-1147 TO: Temporary Occupancy BS: Building Services FO: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney i. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. j. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. k. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. I. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.e.1: The building permit site plan shall identify all BP PS 4.e.1 protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan which shall be submitted prior to permit issuance. Tree protection fencing shall be installed at the locations identified in the Tree Protection Plan and/or as recommended by the project arborist. 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. • 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 arborist. Mitigation Measure 4.e.2: Grading and excavation work shall be consistent with BP PS 4.e.2 the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within the area of work shall be fenced for protection with 4 - foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 6.b.1: The Building Permit Application plans shall include BP BS, PS, 6.b.1 erosion control measures to prevent soil, dirt, and debris from entering the CE storm drain system during and after construction plan shall be submitted for this Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin BL: Business License 9 6570 Morro Road GP: Grading Permit Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services CUP 2006-0194 / PLN 2006-1147 TO: Temporary Occupancy BS: Building Services FO: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.d.1: A soils report shall be required to be submitted with a BP/GP PS, BS, 6.d.1 future building permit by the building department. CE Mitigation Measure 8e.f.1: A Storm Water Pollution Prevention Plan Bli PS, BS, 8.e.f.1 (SWPPP)/Erosion Control Plan shall be submitted by the applicant and CE reviewed 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 RWQCD and the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for ensuring that all BP, GP PS, BS, 8.0.2 contractors are aware of all storm water quality measures and that such CE measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop work orders. Mitigation Measure 8.e.3: The proposed storm drain system, including the on- BP/GP PS/CE 8.e.3 site drainage basins, shall be designed per the City of Atascadero Engineering standards, subject to review and approval of the City Engineer. Mitigation Measure 11.d.1: All construction activities shall comply with the City BP, GP PS, BS, 11.d.1 of Atascadero Noise Ordinance for hours of operation. CE Mitigation Measure 15.a.1: The proposed project shall be responsible for the BP CE/PS 15.a.1 installation of all required frontage improvements along Morro Road per Cal Trans and City standards. EXHIBIT C: Master Plan of Development/Site Plan 22YNOU 5'0013OY7S9 SOISSY"IJ 33,1--M�W g O Y e e. e. ------------- i s �tY e " .^h a MDN eegn 03i02 � � �I y`�t ■ F}�[3 tlf � pr yy`�i [] pq JillFat f�xaa f ��......�.S...NU.9 A.f1 nUa�93 .nx......,y. ww. wwa fw N xaaA aA caak, tltl ,atCa 99 �9 EXHIBIT D: Additional Site Plan & Sections •I'1 � i �iY —a `+�3.. 22if6 V'� "dO OV'JSV1V gg �y� i sm�r i.�n iin N ! � OVOL ONLOYI OL59 �j pp $ 3A I'�i1t{iilE;±r-_ SJISSVIJ 33jj00 $ 1 8 �! Q 0 STOP ypy ! I; —• — `Ii 'lig' s �G3 Q! Q1 I I � ca3 II W I� � � O EXHIBIT E: Tree Protection Plan ma►o mr�arr, am SS!l�Yd 3d0�7 JAmarrv�r ff -- ------------ - --- I = E -¢j - S Z xL f i Cd a W � 1rM3rwxlxa3Not�'- EXHIBIT F: Arborist Report Fnvironmental do -- FECEIVEDAUG 2 4 2006Spoci�alis! MUNITY DEVELOPMENT Rabart 5chmber 170 Trim SUM Alarm Bay CA 93442 PhondFu (80)772-5400 CWJL (M>441-3715 Certified Arborist Report Coffee Classics 5570 Morro Road Atascadero, Ca 93422 Brent Rechtfertig 50145 Via Colonia Ct Atascadero, CA 93422 Phone 305-5410 Fax 462-2647 This report includes analysis of potential impact and proposed mitigation measures for three coast live oak (Quercus agrifolia) trees located near proposed site disturbance at 6570 Morro Road in the City of Atascadero for the construction of a proposed drive-thru coffee shop. The report is intended for use by the City of Atascadero and the property owner(r) and/or agent, Analysis The property owner is proposing to construct a drive-thru coffee shop whose pavement for the drive thru would affect the dripline of three coast live oaks. It is documented that coast live oak trees can withstand 30 percent of their roots being removed (but not near the trunk) and still survive. Documented information on coast five oak trees by Harris, et. al. identifies the species as a hearty tree that can generally withstand minor impacts to the root system as long as significant grading does not occur within the dripline. Oaks are sensitive to addition of fill soil around the base of trunk, intolerant of frequent summer irrigation, sensitive to sunburn following pruning, intolerant of major root loss and saturated soils, and have a Good Relative tolerance to development impacts. EXHIBIT F: Arborist Report Three oaks located on the property would be impacted by proposed construction. One along the western property line and two along the northern property line. No tree would be impacted more than 25% and it is not anticipated that proposed construction activities would impair the health of these trees. # Common Scientific Location Condition Mitigation Diameter Name Name at 4S feet Impact 1 Cct Live Qaterrur Western property Healthy Protcctictn g inches 249E ooh a ri olio line fencing 2 Coast live Quercas Northwest Healthy Protection 4 inches 6-7%, oak a rF olio property line fencin 3 Coast live Quercus Northeast Healthy Protection 4 inches 5-6% oak a ri olio pmpqqy line fencing 4 Coast live Quercus South of property Healthy None 6 inches 0%, oak a ri olio 5 Valley oak Quercus South of property Healthy None 3 inches 0% lobwa 6 Valley rook Quercus Southwest Healthy None 20 inches 0% lobwa ra rtv corner Recommendations Protection fencing will be an adequate measure to ensure tree viability. Protection fencing for Tree #1 located along the western property line shall be placed at least one foot from the edge of construction to ensure adequate space for slough during grading activities. Trees #2 and #3 protection fencing shall be placed at the canopy edge. Vegetation placed within the dripline of existing oaks shall be native, drought -tolerant varieties to ensure viability of native heritage trees. Robert F. Schreiber ISA Certified Arborist #FLO314A (805) 441-3715 EXHIBIT G: Landscape Plan EXHIBIT H: Floor Plans l i;�� ¢¢¢�Y 22666 VO 'OU30V75V1V OY1�'E d sp rrsa n[n�i ISSV- O0L59 I' jig }I�{iil n SO 33330 < ` #? "" ca o ...a. Ir rg TANIRRIM t�% X11 gC �_•__ y \ bl c� \ z n H-11 R S� m� N Y� iie ice....... . ..a .�� •�Nn pMA MtI G�II I: wK TT- - m F- U w H O- EXHIBIT I: Elevations EXHIBIT J: Color and Materials Board to 0 0 •4 a z z" a� a Np NN c� �o E a 3 z m ku x� o Jjz W z W . o oc of oc ° oc FzZ wzz N9 �aa �aa �u ��g osis us 0 0© 0 0 0 z z z w akq w o a� a a N l0 , 3 z zw z z N Nlu w°} w uw° Uw zLb Zm NW wxA Nxn Im, Qm $°.. �W.. ° �9 -1 df �Zz °zz $zz szZ w o w o Q Q Q Q w Q Q w 61; Q Fu Eu Naa Naa °aa ° E H N ® El K U N g w w u- U- U ITEM NUMBER: 6 DATE: 12-5-06 ROSARIO BANKER HOUSE PLANNED DEVELOPMENT TO BE CONTINUED TO DECEMBER 19, 2006 Owners: Gregory Ravatt & Tina Mayer, 5735 Rosario Avenue, Atascadero, CA 93422 James Barton Albrecht & Natalie Mejia, 4518 Hummel Dr., Santa Maria, CA 93455 Applicant: Gregory Ravatt, 5735 Rosario Ave., Atascadero CA 93422 Project Title: PLN 2099-0789/ZCH 05-0109/CUP 05-0173/TTM 05-0078: Banker House Planned Development Overlay Project Location: 5715/5735 Rosario Avenue, (San Luis Obispo County) APN 029-252-001 Project The proposed project consists of an application for construction of 9 new single family Description: attached and detached homes on individual lots that will be developed under the requirements of a custom Planned Development Overlay District within the RMF -10 Zoning District. One existing Historic Colony Home will be restored as part of the project and the existing carriage house will be restored and retained on-site for use by the residents of the Colony Home. Proposed homes range in size from 1426 square feet to 1565 square feet. Lot sizes range from 1,711 square feet to 14,388 square feet. Three (Live Oak) trees are proposed for removal. The project will take access Rosario Avenue and will be served by City sewer. General Plan Designation: Medium Density Residential (MDR) Zoning District: Residential Multi -Family -10 (RMF -10) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The proposed Mitigated Negative Declaration is available for public review Determination: from 11/6/06 through 12/5/06 at 6907 EI Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- ZCH - Zone Change\ZC 05\ZCH 2005-0109. Rosario historic PD\PC To Be Continued.am.doc ITEM NUMBER: 7 DATE: 12-5-06 Atascadero Planning Commission Staff Report - Community Development Department Marchant Avenue Condominiums (5000 Marchant Ave. / Gearhart) Review of Artificial Grass Determination DISCUSSION: Background: The Marchant Avenue Condominiums were approved as a Planned Development by the City Council in the fall of 2005. The project approval included a master site plan and site landscaping plan. The applicant applied for an amendment to the site plan to replace an open grass area with a parking lot and secondary street access in the summer of 2006. This request was denied by the Planning Commission. Following the denial, the applicant contacted staff and requested a determination regarding whether an artificial grass playing surface could be substituted for natural grass. Staff reviewed the request and issued a letter stating, "Staff has determined that either natural turf or an artificial grass product may be installed in the landscape areas designated for grass." Staff based their determination on the fact that artificial grass would have the same use and appearance of natural grass yet would require less maintenance and water. ALTERNATIVES: 1. The Planning Commission may take no action and allow staff's determination to stand. 2. The Planning Commission may refer the item back to staff for additional information and analysis. ATTACHMENTS: 1. Landscape Plan 2. October 26, 2006 letter to Mr. Gearhart Attachment 2: October 26, 2006 letter to Mr. Gearhart f V7- _sem-.---�.-=.►'T'� _ �1TAS�ERpJ� October 26, 2006 Kelly. Gearhart 6205, Alcantara. Lane,.... Atas.c. ad..e..ro,. CA.. 93422 ITEM NUMBER: 7 DATE: 12-5-06 CITU OF AT ASC ADERO COMMUNITY DEVELOPMENT DEPARTMENT RE: Marchant.A.ve.4pe. Condominium Project Dear Mr. Gearhart: I am writing in response to our phone conversation on Monday regarding the landscape area on the Marchant project. Staff has determined that either natural turf or an artificial grass product may be installed in the landscape areas designated for grass. Please contact me at 470-3488 if I can be of assistance, or if you have questions regarding this letter. Sincerely, Warren M. Frace Community Development Director Attarl rd: Landscape Plan cc: W. mdam ey PL=U11g fll<T:- Pit 06 PLC •014 PLiMiV Da: 1, 43# A • C—S Fim!wnheHt CF! GS.OP!. bOSml •50W LL1dml lu Ttt Li Cea11i I.IP7>Ai.unDla P4nl D.*: I IZA1 6907 EL CAMINO REAL ��(, CA 93422 - (805)461-5000 • FAX 461-7612 CITY DF ATASCADERD COMMUNITY DEVELIOPMENT DEPARTMENT November 28, 2006 Page 2 of 2 ITEM NUMBER DATE: 12-5-06 flle.Tl1 U CKaM1a �. [-fir •SNuf Natural grass or an artificial grass product may be installed consistent with the master plan of development 5nV.:j5 PLANTING DVA TREE PLANTING DETAIL PLANT 1.15T -- IICCJ IMn10�k:11.-,o J. PI.1