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Home My WebLink AboutPC_2006-12-19_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, December 19, 2006 — 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson O'Keefe Vice Chairperson Vacant Commissioner Jack Commissioner Slane Commissioner Fonzi Commissioner Vacant Commissioner Vacant PLANNING COMMISSION BUSINESS A. ADMINISTRATION OF OATH OF OFFICE Marcia Torgerson, City Clerk, will administer the Oath of Office to new Planning Commissioners, Doug Marks and Daniel P. O'Grady. 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 19, 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 DECEMBER 5, 2006. COMMUNITY DEVELOPMENT STAFF REPORTS 2. TREE REMOVAL PERMIT, SANTA CRUZ ROAD Owner: Richard Mussallem, 8910 Coromar Ave. Atascadero CA 93422 Certified Arborist: A&T Arborists, P O Box 1311, Templeton, CA 93465 Project Title: TRP 2006-0099 / PLN 2006-1175 Project Location: 9705 Santa Cruz Road, Atascadero, CA 93422 (San Luis Obispo County) APN 050-162-018 Project A request to remove three Live Oaks (one 34" and two 20" trees) for the construction of a Description: Fire Department truck turnaround to serve a single family residence which is currently under construction. General Plan Designation: Rural Estate (RE) Zoning District: Residential Suburban RS 3. TREE REMOVAL PERMIT, NAVAJOA AVENUE Owner: Lynne Higgins, 537 Kings Ave. Unit A, Morro Bay, CA 93442 Certified Arborist: A&T Arborists, P O Box 1311, Templeton, CA 93465 Project Title: TRP 2006-0100 / PLN 2099-0956 Project Location: 7520 Navajoa, Atascadero, CA 93422 (San Luis Obispo County) APN 031-152-003 Project A request to remove one 24" Valley Oak tree for a Multi -Family project which is currently Description: under construction. General Plan Designation: Medium Density Residential (MDR) Zoning District: Residential Multi Family RMF -10 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 Regular Meeting December 19, 2006 Page 3 of 5 4. LUBE `N' GO AMENDMENT (TO BE CONTINUED TO JANUARY 16, 2007) Applicant: Atascadero Enterprises, 2505 Theatre Drive, Suite A, Paso Robles, CA 93446 Owners: Joe Simonin, 185 Pendleton Lane, Templeton, CA 93465 Applicant: Adam Scattini, 2505 Theatre Dr. Ste. A, Paso Robles, CA 93446 Project Title: Amendment to Conditional Use Permit 2004-0144 / PLN 2099-0305 Lube 'N' Go Car Wash Project Location: 7095 EI Camino Real, San Luis Obispo County, APN 030-081-008 Project The proposed project consists of an Amendment to a Conditional Use Permit (CUP Description 2004-0144). The project is a request to: (1) Shift the location of the approved Lube 'N' Go building to the rear of the site; (2) Adjust the parking, circulation and landscaping; and (3) Provide a location for a Atascadero identification monument sign. Although not a part of the proposed application, the project will also provide a building pad and parking for a future conceptual restaurant or other commercial building. General Plan Designation: General Commercial (GC) Zoning District: Commercial Professional (CR) Proposed Consistent with the previously certified Mitigated Negative Declaration 2005-0002. Environmental General Plan Designation: Medium Density Residential (MDR) Determination: Zoning District: Residential Multi -Family -10 (RMF -10) 5. ROSARIO BANKER HOUSE PLANNED DEVELOPMENT 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 6. 8570 EL CORTE PLANNED DEVELOPMENT Regular Meeting December 19, 2006 Page 4 of 5 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 Location: 8570 EI Corte, Atascadero, CA 93422 San Luis Obispo Count 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 EI Corte Rd. Frontage improvements will be provided along EI 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 Determination: from 10-9-06 through 11-7-06 at 6907 EI Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on January 16, 2007 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 19, 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: 12-19-06 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, December 5, 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, 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 Assistant Planner Callie Taylor. PLANNING COMMISSION BUSINESS A. ADMINISTRATION OF OATH OF OFFICE Deputy City Clerk Grace Pucci administered the Oath of Office to new Planning Commissioner Sandy Jack. Commissioner Jack joined the meeting. APPROVAL OF AGENDA PC Draft Minutes 12/05/06 Page 1 of 6 Community Development Director Warren Frace stated that staff had received an Appeal on Item #7 and recommended continuing that item to a date uncertain. MOTION: By Vice Chairperson O'Keefe and seconded by Commissioner Fonzi to approve the agenda as amended. Motion passed 5:0 by a roll -call vote. PUBLIC COMMENT Eric Greening commented on the student presentations given earlier in the evening and suggested a joint tour of the downtown for the Planning Commission and City Council as there are newly elected and appointed individuals on both. Ann Fletcher spoke about agenda Item #7, which had been continued, and stated her concerns about the safety and health issues for children playing on artificial turf. Chairperson Beraud closed the Public Comment period. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON NOVEMBER 21, 2006. 2. APPROVAL OF THE 2007 PLANNING COMMISSION MEETING SCHEDULE MOTION: By Commissioner Fonzi and seconded by Chairperson Beraud to approve Items #1 and 2. Motion passed 5:0 by a roll -call vote. 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. City Manager Wade McKinney spoke to the Commission about the Strategic Planning Workshop and asked the Commission to review with him issues they believe should come before the City Council for their strategic planning effort. PC Draft Minutes 12/05/06 Page 2 of 6 Commissioner Issues: Vice Chairperson O'Keefe ■ Fence height and variances Commissioner Fonzi ■ Moving forward with the condominium conversion policy ■ In reference to the housing study, a correlation between what is needed and what is already in place Commissioner Jack ■ Formalization of the role of communication between the Commissions and Council. Chairperson Beraud ■ Appearance review for multi -family projects ■ Process or incentive program for developers to request changes to previously approved projects before the changes are made. PUBLIC COMMENT Eric Greening suggested several changes to the public comment format at the Strategic Planning Session including holding the meetings in a space large enough to accommodate those who want to attend, and allowing a public comment period for each agenda item. Chairperson Beraud closed the Public Comment period. 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. Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Christopher Austin, applicant, answered questions of the Commission. PC Draft Minutes 12/05/06 Page 3 of 6 Commissioner Jack commented that this is a very old tree and he is uncomfortable with its removal. Chairperson Beraud stated it was difficult to make a decision as no alternate plans were submitted, and she would like to find a way to save the tree. Vice Chairperson O'Keefe commented that the report lacks the type of information needed to make a decision, i.e. what percent of the drip line will be impacted by construction. Commissioner Slane indicated that because the Arborist's Report states the tree is in poor condition and could be a hazard in the future, the applicant should have the right to remove it. Eric Greening suggested a continuance would be appropriate as the Commission doesn't have the information in the record to make a finding that the tree is in unsalvageable decline. Chairperson Beraud closed the Public Comment period. There was Commission discussion regarding continuing this item to allow the applicant to rework his design to save the oak tree, and to direct staff to bring back information on different design alternatives for the site including consideration of a duplex design. MOTION: By Commissioner Fonzi and seconded by Vice Chairperson Beraud to continue this item. Motion passed 5:0 by a roll -call vote. PUBLIC HEARINGS 5. MORRO ROAD COFFEE CLASSICS 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 currently vacant. The proposal includes a 346 square foot building with four parking spaces (including one handicap space) and a drive-through facility with two windows 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 PC Draft Minutes 12/05/06 Page 4 of 6 Determination: 10/31/06 through 11/29/06 at 6907 EI Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Assistant Planner Callie Taylor gave the staff report and answered questions of the Commission. PUBLIC COMMENT Brent Rechtfertig, applicant, gave a brief history of the project and answered questions of the Commission. Chairperson Beraud commented that she has a problem with finding No. 4 as she believes this project is contrary to orderly development; it is not pedestrian friendly and she suggested having a few outdoor seating areas for pedestrian walk ups. Eric Greening raised several questions including: 1) where will the drainage go once the basin fills, 2) will some of the drainage be changed due to the freeway project to the west, and 3) what are the safety impacts especially for left turns given this is located in the middle of the block on a busy street. Chairperson Beraud closed the Public Comment period. Public Works director Steve Kahn addressed questions raised during the Public Comment period. MOTION: By Commissioner Slane and seconded by Vice Chairperson O'Keefe to 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, with the added condition that storm water detention facilities shall be designed as in accordance with the city engineering standards, maximum depth of open basin shall be two foot. Motion passed 4:1 by a roll -call vote. (Beraud opposed) 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 PC Draft Minutes 12/05/06 Page 5 of 6 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. COMMISSIONER COMMENTS AND REPORTS 7. REVIEW OF ARTIFICIAL GRASS DETERMINATION ON MARCHANT PLANNED DEVELOPMENT — PLN 2099-0775/CUP 2005-0156 This item was continued to a date uncertain. DIRECTOR'S REPORT Community Development Director Warren Frace reminded Commissioners that the mandatory Ethics Training is scheduled for Thursday, December 7t", reported on the tree inventory project, and reviewed the agenda for the next Planning Commission meeting. Commissioner Slane recognized Chairperson Beraud for her contributions and the effort she put forth while on the Commission. ADJOURNMENT Chairperson Beraud adjourned the meeting at 8:10 p.m. to the next regularly scheduled meeting of the Planning Commission on December 19, 2006. MINUTES PREPARED BY: Grace Pucci, Recording Secretary PC Draft Minutes 12/05/06 Page 6 of 6 ITEM NUMBER: 2 DATE: 12-19-06 Atascadero Planning Commission Staff Report - Community Development Department Tree Removal Permit TRP 2006-0099 / PLN 2006-1175 (Santa Cruz Road / Mussallem) SUBJECT: A request to remove three (3) native Live Oak trees totaling 74" in diameter in order to accommodate a fire truck turn around on a sloped site for a for a single family residence. RECOMMENDATION: Staff recommends: The Planning Commission adopt Resolution PC 2006-0109 to approve the request to remove three (3) native oak trees subject to conditions of approval. Situation and Facts: 1. Applicant: Richard Mussallem, 8910 Coromar Ave. Atascadero, CA 93422 2. Certified Arborist: A & T Arborists, P.O. Box 1311, Templeton, CA 93465 3. Project Address: 9705 Santa Cruz Road, Atascadero, CA 93422 APN 050-162-018 ANALYSIS: A Precise Plan and building permits were issued concurrently for the project in May of 2006. A Mitigated Negative Declaration was completed which analyzed the environmental impacts of the single family residence on the steeply sloped hill. An Arborist Report was submitted with the Precise Plan application. No native trees were proposed for removal during the Precise Plan application. Tree protection ITEM NUMBER: 2 DATE: 12-19-06 fencing, an on-site pre -construction meeting, and arborist monitoring has all been followed as to City requirements for the project. The building plans have been modified since the project was analyzed in the Precise Plan. In June 2006 a revision permit was issued to flip the house floor plan, detach the garage from the house, and change the location of the Fire truck turnaround. In the revision, the Fire truck turnaround was moved from the uphill slope on the left hand side of the driveway to the downhill slope on the opposite side of the driveway. (See site plan comparison below.) • r,. 1 � .� r} �. J� � J ,ate-�r"S _ r Jrr M 1 G. S_k_ M - � ,'MSdsn ss:' • s3.. ! r Site Plan #1: Precise Plan Submittal Site Plan #2: BLD Permit Revision ITEM NUMBER: 2 DATE: 12-19-06 During construction, the applicant found that the area for the revised Fire truck turn around in the first revision is too steep to meet the Fire Department standards. The applicant has submitted a second revision along with the Tree Removal Permit to flip the Fire truck turnaround back to the other side of the driveway. The new design proposes a car turnaround near the garage and a separate Fire truck turn around. Since the plans have been modified and the footprint moved in the last revision, the original location for the Fire truck turnaround (as shown in the Precise Plan application) is no longer large enough to accommodate a Fire truck without removing additional native trees. The proposed site plan includes a car turnaround in the location of the original Fire truck turnaround, and a separate Fire truck turnaround in the new location. M Sr NIX C1115!1!l / w mes:v AlLot AV AF R WA JJ-- / JYr / I M Sr NIX C1115!1!l / w mes:v AlLot AV I / i / i IMd� /• Site Plan #3: Proposed fire truck turn around revision w/ tree removals The applicant is proposing the removal of three (3) native Live Oak trees totaling 74" in diameter (one 34" and two 20" Live Oaks.) The trees are all in poor health, with the condition of the trees rated between 1 to 3 on a scale of 1 to 10, as shown in the attached arborist report. AF R WA , V, sun I / i / i IMd� /• Site Plan #3: Proposed fire truck turn around revision w/ tree removals The applicant is proposing the removal of three (3) native Live Oak trees totaling 74" in diameter (one 34" and two 20" Live Oaks.) The trees are all in poor health, with the condition of the trees rated between 1 to 3 on a scale of 1 to 10, as shown in the attached arborist report. ITEM NUMBER: DATE: 2 12-19-06 Trees proposed for removal & location of fire truck turn around The applicant will be required to mitigate the proposed removal per the requirements of the Atascadero Native Tree Ordinance. dbh notes dbh notes 1 34 -inches Live Oak #5 1 2 20 -inches Live Oak #17 2 3 20 -inches Live Oak 3 4 15 Total 74 -inches Mitigation Requirement req'd tree replacements: 4 15 Total 0 -inches 12 five gal trees req'd tree replacements: 0 five gal trees 74 -inches Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 fifteen gal trees 0 fifteen gal trees 0 fifteen gal trees 0 box trees (24") 0 box trees (24") 1 0 box trees (24") Remaining Mitigation 0 five gal trees Remaining Mitigation 0 five gal treesI 0 five gal trees Tree Fund Payment: $ 616.67 Tree Fund Payment: $ $ 616.67 FINDINGS: In considering any tree removal request, at least one of the following findings must be made: ITEM NUMBER: 2 DATE: 12-19-06 1) The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist; 2) 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; 3) The tree is interfering with existing utilities and/or structures, as certified by a report from the Site Planner; 4) 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; 5) The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: • Early consultation with the City; • Consideration of practical design alternatives; • Provision of cost comparisons (from applicant) for practical design alternatives; • If saving tree eliminates all reasonable uses of the property; or • If saving the tree requires the removal of more desirable trees. Conclusion: Staff has determined that the proposed tree removals are consistent with Finding #5 as the tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal. CONCLUSION: Based on the arborist report, the finding can be made to approve the requested removal. Staff recommends that the applicant either replant or pay mitigation fees to the tree fund. PREPARED BY: Callie Taylor, Assistant Planner ATTACHMENTS: Attachment 1: Aerial View Attachment 2: Letter from Arborist (November 2006) Attachment 3: Original Arborist Report (February 2006) Attachment 4: Letter from Applicant Attachment 5: Draft Resolution PC 2006-0109 Attachment 1: Aerial View A '& Santa Cruz Road ITEM NUMBER: 2 DATE: 12-19-06 3 Live Oaks proposed for removal P ITEM NUMBER: 2 DATE: 12-19-06 Attachment 2: Letter from Arborist (November 2006) A & T ARBOR=STS � P.O. BOX 1311 TEMPLETON, CA 93455 (805) 4340131 11-28-06 Warren Frace Community Development Director City of Atascadero This letter is in regards to Lot 26, Block 53, APN 050-162-018 belonging to Richard Mussallem at 9705 Santa Cruz Road, Atascadero, California. This lot required a steep driveway with an appropriate fire department turnaround. The owner has determined that the original design for the turnaround would exceed the 5% maximum slope. He had his engineer design an alternative turn around that will require the removal of three coast live oak trees (Quercus alrifolia). The trees are: #5 - 34" dbh, 2/10 condition, large cavity, photo #1 #17 — 20" dbh, 3/10 condition, photo #2 non -numbered (inherently protected in original plan), 20" dbh, 1/10 condition, photo #3 To date, no trees have been removed for this project nor were requested. All required monitoring for the leach field has been completed. Soil has been temporarily stockpiled within the drip lines of several trees. This soil will be used for the new designed turnaround or removed off site. All areas with the stockpiled soil will be returned to original grade prior to final arborist inspection. Included is the new site plan along with the removal form. Chip Tamagni Cert' ed Arbori WE 6436-A Steven G.Alvarez 0511 .ANEW �' � i •�` '� � .s ?� � ff.'s: , Ae f . y f` � „��i, . , Vit`. �4• "P: � / J ITEM NUMBER: DATE: 12-19-06 Attachment 3: Original Arborist Report (February 2006) 2-24-06 Richard Mussallem Lot 26, Block 53 RECEIVED APN 050-162-018 9075 Santa Cruz Rd. FEB 2 8 2UU6 Atascadero, California COMMUNITY DEVELOPMI This tree protection plan is in regards to the above-named parcel in Atascadero, California. The property is quite steep near Santa Cruz Rd and levels out somewhat towards the top. The native trees on-site consist of both valley oaks (Quercus lobala) and coast live oaks (Quercus agrifolia). The driveway will require extensive cuts and fills, however, the majority of the driveway is away from the trees. In fact, no native trees will have to be removed for this project. Both the primary leachfield and expansion area are shown on the plans and avoid most drip lines. Driveway grading near tree #7 shall be monitored. Because the driveway is traveling perpendicular to the contour lines, very little cutting and filling will be required in this area. The septic line travels between trees #4 and #16. The trenching in this area shall be monitored. The path of the septic line shall be changed to so that the trench splits the difference between the two trees. In addition, the leachfield excavation shall be monitored. There may be some root interaction between trees #21 and #16. Root pruning shall be required as described in the standard mitigations below. Utilities are not shown on the plans. They shall be routed outside of all drip lines. If the utilities are brought up along side the driveway, they shall be routed on the opposite side of the driveway from tree #7. This project shall require an on-site pre -construction meeting with the city, grading contractor and the arborist. Topics will include fencing, monitoring and requirements for a positive final occupancy letter. All trees potentially impacted by this project are numbered and identified on both the grading plan and the spreadsheet. Trees are numbered on the grading plans and in the field with an aluminum tag. Tree Rating System A rating system of 1-10 was used for visually establishing the overall condition of each tree on the spreadsheet. The rating system is defined as follows: Rating Condition 0 Deceased Evidence of massive past failures, extreme disease and is in severe decline. ITEM NUMBER: DATE: 12-19-06 Attachment 3: Original Arborist Report (February 2006) 2 h..y be saved with attention to class 4 prunwtg, insect/pest eradication and future monitoring. 3 Some past failures, some pests or structural defects that may be mitigated by class IV pruning. 4 May have had minor past failures, excessive deadwood or minor structural defects that can be mitigated with pruning. 5 Relatively healthy tree with little visual structural and or pest defects. 6 Healthy tree that probably can be left in its natural state. 7-9 Have had proper arboricultural pruning and attention or have no apparent structural defects. 10 Specimen tree with perfect shape, structure and foliage in a protected setting (i.e. park, arboretum). The following mitigation measures/methods must be fully understood and followed by anyone working within the drip line of any native tree. Any necessary clarification will be provided by us (the arborists) upon request. 1. Fencing: The proposed fencing shall be shown in orange ink on the grading plan once exact footprints are known. It must be a minimum of 4' high chain link, snow or safety fence staked at the edge of the drip line or line of encroachment for each tree or group of trees. The fence shall be up before any construction or earth moving begins. The city or their designee shall be responsible for maintaining an erect fence throughout the construction period. The arborist(s), upon notification, will inspect the fence placement once it is erected. After this time, fencing shall not be moved without arborist inspection/approval. If the orange plastic fencing is used, a minimum of four zip ties shall be used on each stake to secure the fence. All efforts shall be made to maximize the distance from each saved tree. The fencing must be constructed prior to the city pre - construction meeting for inspection by the city and the arborists. 2. Soil Aeration Methods: Soils within the drip line that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include water jetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with a 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 for foundations within the drip line of native trees shall be hand dug. All major roots shall be avoided whenever possible. All exposed roots larger than I" in diameter shall be clean cut with sharp pruning tools and not left ragged. A Mandatory meeting between the arborists and grading/trenching contractor(s) shall take place prior to work start. This activity shall be monitored by the arborist(s) to insure proper root pruning is talking place. 5. Grading Within The Drip Line: Grading should not encroach within the drip line unless authorized. Grading should not disrupt the normal drainage pattern around the ITEM NUMBER DATE: 12-19-06 Attachment 3: Original Arborist Report (February 2006) trees. Fills should not 09Mte a ponding condition and excavation=6ould not leave the tree on a rapidly draining mound. 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 only if grade changes can be kept to an absolute minimum. However, certain situations exist where pavers may not be the best mitigation. If the roadway is to be used for commercial vehicles, the over -excavation for the base sometimes exceeds twenty four inches. This excavation would remove the roots. Non- commercial use of pavers is more appropriate as the excavation is much less. However, in areas where the arborist feels the soil is shallow, paver installation will cause damage to the very roots being protected. Pavers must be interlocking with a minimum of 10% void space backfilled with pea gravel. Geo -textile fabric shall be permeable. The arborists would like to inspect the material prior to installation. If road surface encroachment can be limited to less than 25% of the drip line, pavers are not necessary. For this project, pavers will not be required. 8. Equipment Operation: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. Also there is to be no parking of equipment or personal vehicles in these areas. All areas behind fencing are off limits unless pre -approved by the arborist. 9. Existing Surfaces: The existing ground surface within the drip line of all oak trees shall not be cut, filled, compacted or pared, unless shown on the grading plans and approved by the arborist. 10. Construction Materials And Waste: No liquid or solid construction waste shall be dumped on the ground within the drip line of any native tree. The drip line areas are not for storage of materials either. 11. Arborist Monitoring: An arborist shall be present for selected activities (trees identified on spreadsheet and items bulleted below). The monitoring does not necessarily have to be continuous but observational at times during these activities. It is the responsibility of the owner(s) or their designee to inform us prior to these events so we can make arrangements to be present. It is the responsibility of the owner to contract (prior to construction) a locally licensed and insured arborist that will document all monitoring activities. • pre -construction fence placement • any utility or drainage trenching within any drip line • All grading and trenching near trees requiring monitoring on the spreadsheet 12. Pre -Construction Meeting: An on-site pre -construction meeting with the Arborist(s), City Officials, Planning StA and the earth moving team shall be required for this project. Prior to final occupancy, a letter from the arborist(s) shall be required ITEM NUMBER: DATE: 12-19-06 Attachment 3: Original Arborist Report (February 2006) verifying the health/coi*Aoion of all impacted trees and providingpzgy recommendations for any additional mitigation. The letter shall verify that the arborist(s) were on site for all grading and/or trenching activity that encroached into the drip line of the selected native trees, and that all work done in these areas was completed to the standards set forth above. 13. Pruning: Class 4 pruning includes -Crown reduction pruning shall consist of reduction of tops, sides or individual limbs. A trained arborist shall perform all pruning. No pruning shall take more than 25% of the live crown of any native tree. Any trees that may need pruning for road/home clearance shall be pruned prior to any grading activities to avoid any branch tearing. Class 3 pruning includes — hazard pruning is recommended where safety considerations are paramount. This consists of removal of dead, diseased, decaying and obviously weak branches 2 inches in diameter and greater. Class 2 pruning is recommended where aesthetic conditions are secondary to structural integrity and tree health concerns. It shall consists of removal of dead dying, decaying, interfering, obstructing and weak branches as well as selective thinning to lesson wind resistance. Class 1 pruning has emphasis on aesthetics with removal of dead, dying, decaying weak branches and selective thinning to lesson wind resistance. 14. Landscape: All landscape under the drip -line shall be drought tolerant or native varieties. Lawns shall be avoided. All irrigation trenching shall be routed around drip lines; otherwise above ground drip -irrigation shall be used. It is the owner's responsibility to notify the landscape contractor regarding this mitigation. 15. Utility Placement: All utilities and sewer/storm drains shall be placed down the roadstdriveways and when possible outside of the drip lines. The arborist shall supervise trenching within the drip line. All trenches in these areas shall be exposed by air spade or hand dug with utilities routed under/over the roots. Roots greater than 2 inches in diameter shall not be cut. 16. Fertilization and Cultural Practices: As the project moves toward completion, the arborist(s) may suggest either fertilization and/or mycorrhiza applications that will benefit tree health. Mycorrhiza offers several benefits to the host plant, including faster growth, improved nutrition, greater drought resistance, and protection from pathogens. The included spreadsheet includes trees listed by number, species and multiple stems if applicable, diameter and breast height (4.5), condition (scale from poor to excellent), status (avoided, impacted, removed, exempt), percent of drip line impacted (unkown at this time), mitigation required (fencing, root pruning, monitoring), construction impact (trenching, grading), recommended pruning and individual tree notes. 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 Attachment 3: Original Arborist Report (February 2006) G :l H w w U) 0 M Q W Hi a U) z O U Lu H O d w w W) Ci M N ITEM NUMBER DATE: 12-19-06 A, 0 0 0 0 Jm C/) cccc _w O ~ n m n m . Q m Q w Z c N N (3) N (1) Q 4«- = Lr --a,= -C L � � C U cu U0 m U cu U cu Z � z a 0 J � U a 0 Lu z 95 O O O O O O w O 0 0 0 0 0 W O w 0 0 0 0 O w Z Z Z Z Z Z } Z Z Z Z Z Z Z Z Z Z Z O a rn rn C_ C_C_ rn rn m rn C rnm C C_ m C_ � c 0) 0) 0) a U U U U U U U U U _C U U U 2 c) 0 0 () U c9 w c �! c c c c c C c 2 c 2 c c 2 c 4 _ CLL c C c w C U Z U J a a OO O O o\ O O p O O O o O O O o O O O o O O O O O O p 8-11 a g o o o o (n in o 0 0 C) `� o p o O 0 O 0 0 � o 00 Z Q Q Q - - Q Q - - - Q Q Q Q - Q - Q Q Q Q L) U cn O W F - LL' p Z M t N c-) q- q (O L T M co v) M V (C) N F- O U = Z Z 0) 0 w N IT N (C) N r- IT M V .- N M (O M� O IT N - (n c7 qt (O M M N S N O N tt N M N H ui N N w0 O 00 O O O O 000 X 0 00 0 0 00 0 X a J J J J J J J J O J J J J J J > J O J w L r N M� to t0 1- 00 a) O r N M et 1-# 00 Q) O H T" r T- T -V- T" I � I N A, Attachment 3: Original Arborist Report (February 2006) r r O T - .L w w U) 0 M Q W LU a W Z O C) U w O a w W w F- W) It 703 N V- ITEM NUMBER DATE: 12-19-06 D Jw Cn w LLO F- Z ON Z U) Z Q � av J 0 i-- Z 1w U) O O O 0d } z z z w OQ V% 2 0> C 0) C 0)H C O OLL ��/ ' C C C IL g d Z Q O a F U � w F - Z dao U \\\ as 0 0 0 � o O o F- U) D D a - Q Q Q U ~ w� _O ww p Z M d O U Y = Z N O I-- H N w� 0000 W CL Cn LU w r N M e M) W r- W M O r N Mlot Ln W ti w M O N N N N N N N N N M M Cl) M M M M Cl) M M H Attachment 4: Letter from Applicant 10 z z _ _ u � z � ff0 0 Z o� U z a C z U � _ o yy z 2 w� 9 w � w W � N 2 C U zC)c z O z a F ¢ f o N m� 0 0 Z 0 uV o UU i Q a LL co 0 0 N v N x ITEM NUMBER: DATE: 12-19-06 December 11, 2006 To: Atascadero Planning Commission Re: Removal of Trees @ 9705 Santa Cruz Rd. Atascadero, CA. 93422 Richard Mussallem, the owner/builder, is requesting the removal of three (3) native trees from the above property to pave a safe driveway tum -around to accommodate emergency vehicles and satisfy the requirements of the fire department and other emergency services departments. The original plans for the above property called for a fire truck tum -around located in an area which is not appropriate for the following reasons... • The location was on a steep slope which will not pass the 5% cross grade requirement of the fire department. • It is an awkward and unsafe place for a fire truck turn -around • It is farther distance from the residence The current plans have a car/vehicle turn -around located adjacent to the garage of the residence. This location is not appropriate for a fire truck turn -around for the following reasons... • The garage blocks access for large vehicles to effectively turn around in a safe and timely manner. • The car turn -around is there to provide a safe tum for vehicles exiting the garage. It is not appropriate for emergency vehicles as it is too close to the garage and will require more specialized navigation. If allowed to remove the three (3) native trees the new proposed fire truck turn- around will provide the residents of the above property a safe area for emergency personal to access the property. The location grade is flatter and will provide emergency vehicles closer access to the residence and a safer area to navigate their vehicles on a property located on a steep hill. The owner/builder is willing to replant new native trees on the property and/or pay any necessary fees if requested by the planning commission. Thank you for considering this proposal. Regards, Richard Mussallem ITEM NUMBER: 2 DATE: 12-19-06 Attachment 5: Draft Resolution PC 2006-0109 DRAFT RESOLUTION PC 2006-0109 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING TREE REMOVAL PERMIT 2006-0099 TO ALLOW THE REMOVAL OF THREE NATIVE OAK TREES LOCATED AT 9705 SANTA CRUZ (Mussallem) WHEREAS, an application for a Tree Removal Permit has been received from Richard Mussallem, 8910 Coromar Avenue, Atascadero, CA 93422, to allow the removal of three native oak trees located at 9705 Santa Cruz Road; and, WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on December 19, 2006, and considered testimony and reports from staff, the applicants, and the public; and, NOW, THEREFORE, the Planning Commission of the city of Atascadero takes the following actions: SECTION 1. Findings for Approval of Tree Removal Permit. The Planning Commission finds as follows: The trees obstruct proposed improvements that could not be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: • Early consultation with the City; • Consideration of practical design alternatives; • Provision of cost comparisons (from applicant) for practical design alternatives; • If saving tree eliminates all reasonable uses of the property; or • If saving the tree requires the removal of more desirable trees; and, SECTION 2. Approval. The Planning Commission hereby approves Tree Removal Permit 2006-0099 subject to the following: Exhibit A: Conditions of Approval ITEM NUMBER DATE: 12-19-06 On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: (0 ) NOES: (0 ) ABSTAIN: (0 ) ABSENT: (0 ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: 2 DATE: 12-19-06 Exhibit A: Conditions of Approval Tree Removal - TRP 2006-0099 Conditions of Approval Timing Responsibility TRP 2006-0099 1 /Monitoring 2 20 -inches Live Oak #17 PR: dorm Removal PS: Planning Services 3 20 -inches Live Oak BL: Business License BS: Building Services 4 BP: Building Permit FD: Fire Deparhent 15 TO: Temporary Occupancy PD: Police Department Total 74 -inches F0: Final Occupancy CE: City Engineer 74 -inches Mitigation Requirement WW: Wastewater req'd tree replacements: 12 five gal trees req'd tree replacements: CA: City Attorney Planning Services Proposed Replanting 0 five gal trees 0 five gal trees 1. The applicant shall mitigate for the removal based on PR PS 0 fifteen gal trees the requirements of the Atascadero Native tree 0 box trees (24") 0 box trees (24") Ordinance as shown in the table below. 2. The applicant shall make payment in full to the Tree Fund PR PS and obtain the necessary building permit revisions prior to removal of native trees. dbh notes dbh notes 1 34 -inches Live Oak #5 1 2 20 -inches Live Oak #17 2 3 20 -inches Live Oak 3 4 4 15 15 Total 74 -inches Total 0 -inches 74 -inches Mitigation Requirement req'd tree replacements: 12 five gal trees req'd tree replacements: 0 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 fifteen gal trees 0 fifteen gal trees 0 fifteen gal trees 0 box trees (24") 0 box trees (24") 0 box trees (24") Remaining Mitigation 0 five gal trees Remaining Mitigation 0 five gal trees 0 five gal trees Tree Fund Payment: $ 616.67 Tree Fund Payment: $ 1 $ 616.67 ITEM NUMBER: 3 DATE: 12-19-06 Atascadero Planning Commission Staff Report - Community Development Department Tree Removal Permit TRP 2006-0100 / PLN 2099-0956 (7520 Navajoa Ave. / Higgins) SUBJECT: A request to remove one (1) 24" Valley Oak tree for a Multi -Family project which is currently under construction. RECOMMENDATION: Staff recommends: The Planning Commission adopt Resolution PC 2006-0111 to approve the request to remove one (1) native Valley Oak tree subject to conditions of approval. Situation and Facts: 1. Applicant: Lynne Higgins, 537 Kings Ave. Unit A, Morro Bay, CA 93422 2. Certified Arborist: A & T Arborists, P.O. Box 1311, Templeton, CA 93465 3. Project Address: 7520 Navajoa, Atascadero, CA 93422 APN 031-152-003 ANALYSIS: The proposed tree removal site consists of an approved project at 7520 Navajoa Avenue. The site was approved for a Zone Change, Conditional Use Permit (CUP) and Tentative Parcel Map in August of 2004 which established a Planned Development #7 overlay which allowed four new single-family residences to be ITEM NUMBER: 3 DATE: 12-19-06 constructed on the project site. The project included an arborist report which concluded that tree #6 (located on parcel 2) could be saved if the garage was moved away from the tree trunk to give the tree more room. The location of the garage was changed as to the Arborist's recommendations. Plans were approved with the reduced size garage as shown below. The residence on parcel 2, now currently under construction, has had greater impacts to tree #6 than what was shown in the original 2004 Arborist report. The applicant has obtained a new Arborist for the project. According to the new project Arborist, the tree impacts were not originally addressed with regard to the clearance needed for a two story building. (See Attachment #3: Original Arborist Report, Ted Elder, 2004.) The new arborist report shows that 40% of the tree's critical root zone was removed during over - excavation, and 45% of the tree's canopy will have to be removed for height clearance of the two story building. This combination of root and canopy loss may cause the tree to become unstable in the future. The new project Arborist concluded that it would be best to remove the tree. ITEM NUMBER: 3 DATE: 12-19-06 The applicant will be required to mitigate the proposed removal per the requirements of the Atascadero Native Tree Ordinance. Evergreen Native Trees (inches) Deciduous Native Trees (inches) dbh notes dbh notes 1 1 24 -inches Valley Oak (#6) 2 2 3 3 4 4 5 5 6 6 Total 0 -inches Total 24 -inches Mitigation Requirement req'd tree replacements: 0 five gal trees req'd tree replacements: 16 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 box trees (24") 0 box trees (24") Remaining Mitigation 0 five gal trees Remaining Mitigation 16 five gal trees Tree Fund Payment: $ Tree Fund Payment: $ 800.00 FINDINGS: Totals 24 -inches 16 five gal trees 0 five gal trees 0 box trees (24") 16 five gal trees $ 800.00 In considering any tree removal request, at least one of the following findings must be made: 1) The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist; 2) 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; 3) The tree is interfering with existing utilities and/or structures, as certified by a report from the Site Planner; 4) 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; 5) 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: ITEM NUMBER: 3 DATE: 12-19-06 • Early consultation with the City; • Consideration of practical design alternatives; • Provision of cost comparisons (from applicant) for practical design alternatives; • If saving tree eliminates all reasonable uses of the property; or • If saving the tree requires the removal of more desirable trees. Conclusion: Staff has determined that the proposed tree removal is consistent with Finding #1 and #5 as the tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, and the tree has been damaged beyond reclamation as 40% of its roots were removed during over - excavation for the new residence. CONCLUSION: Based on the arborist report, the finding can be made to approve the requested removal. Staff recommends that the applicant either replant or pay mitigation fees to the tree fund. PREPARED BY: Callie Taylor, Assistant Planner ATTACHMENTS: Attachment 1: Aerial View Attachment 2: Letter from Arborist (A&T Arborists, October 2006) Attachment 3: Original Arborist Report (Elder & Elder, March 2004) Attachment 4: Draft Resolution PC 2006-0111 Attachment 1: Aerial View Valley Oak proposed for removal Zoning: RMF -10 / PD -7 Lot size: 0.118 acres Approved applications: CUP 2003-0097 TPM 2004-0061 TTM 2003-0030 ZCH 2003-0047 ITEM NUMBER DATE: 12-19-06 Navajoa Ave. ITEM NUMBER: 3 DATE: 12-19-06 Attachment 2: Letter from Arborist (A&T Arborists, October 2006) 10-20-06 Palomar Homes Santa Ysabel Project Re: 24" valley oak OEC 8 2006 COMMUNITY 0EVE1 OPMENT Background Information: The original tree protection plan for this project was completed by Ted Elder. A & T Arborists has reviewed the plan and mitigations for tree #6, a 24" valley oak (Quercus lobata). The over -excavation has effectively removed 40% of the critical root zone. Assignment: Determine the impacts of the excavation and future pruning and determine the survivability of the tree. Observations: The original tree protection plan called for movement of the garage on parcel 2 up to the setback line. In addition, it called for shortening the garage. The over - excavation has been completed. Backfilling has not been completed. Testing and Analysis: none Conclusions: The over -excavation has severely impacted the tree to the point it should have been removed prior to construction or significant changes should have been made to the plans. If left to remain, 45% of the canopy will have to be removed for the building clearance. We feel the clearance issue was not addressed with regard to a two story building. The combination of root and canopy loss may cause the tree to become unstable in the near future. Recommendations: Petition to remove the tree with the city planning department and in front of the planning commission. Chip Tamagni Certified Arbori WE 6436-A Steven G. Alvarez Certified Arborist #WE 0511-A ITEM NUMBER: 3 DATE: 12-19-06 Attachment 3: Original Arborist Report (Elder & Elder, March 2004)) 6tdw & 6tda E Landscape Architecture • Recreation & Site Planning • Arboriculture Native Tree Analysis & Protection Pian I t order to undertake a I'ere Analysis and I rec 11mtection Platt our clients must be atrtrc of the rcquimtnents and ordinances ol'the 0WC01111n.'I'Itcse govemmenial cutities have certain tnquitements. espccialh Ibr Native Drees. and th.w requirements change con%tanth. 'I he foilt"M112 i . a summarir uittn of the it..titts that a e usualh nquind til the C'crlified :�rhttris! Ini tach job. ILe Iteation ofceisting trues "lust he on a plan prepared h% a licemcd ur%c)t-r. Phase 1 '1'rcc :tnalysis - 7'o include the total number of frets that nor on the site or arca that might he damaged or removed during construction. I'haw 11 D11 --i I I 1'hast. I f' 'rhe Existing (conditions are to Include: Numbering the trees in the field &tor un a Idau. Species and varictx. Appearance Ratin-,. Diatucler at 4'-6^ above the gonad. Critical Root 7atue (1' radius per 1- of trunk dial Drip Ijoe measured in al least 4 directions Branch (:Icarance from the ,round in 4 directions. overall Health of the Tree. In.+ceUParusites present 'or lack of. Injuries ( uusO'ucliun 31atri.% to iuclntlr: (construction Status. Dripline % Impact. construction Impact_ Ntnnitorirw_ Requireol. Pruning Required 'free Prolectiun flan - Method fir how to protect the trees that are to remnia .checking, in the field, the flagging of the trees to he rrmnved (red) and tines ht he protected and saved (blue or yellowl so that protected ones are not damaged or removed during the construction operation. Indic -air where fencing needs to be placed. %Iitiz,atiuu Ntrnsurcs - t sing the Cin/County Standards for replacement in Lind fir muney into -3 Tree Replacement Fund. .\ny Changes Required by the Cih•ICtitmly due to modifications of an Ordinance ur the Staff rtquirrmcnts. t'hecking, in the field, on the installed prtHectiuo fencing to make sure it is in correct place and signing off on the prnnils as required. *rhe Contractor shall nolify this office, in writing. when in field site observations are nccm-%nr. Field observations during the grading operation and signing off un permits Ohsering the I'titity I.ine locations during rvtustruction and protecting the Critical Ront%ttuas. Final Sign -of! by Arborist before boildin_ occupancy is ;noted. ITEM NUMBER: 3 DATE: 12-19-06 Attachment 3: Original Arborist Report (Elder & Elder, March 2004)) Tree Information & Preservation Plan At the request of Mr. Joe Elkins — Architect — we are undertaking a Preservation Plan for the Native Trees on the property located at 7500 Navajoa Avenue, Atascadero. There are several other trees on the site besides the ones that we analyzed but we only undertook the examination of the native trees as required by City Ordinance. The site has many trees, in varying conditions, and construction would be all but impossible if all the trees had to be protected without the possibility of damage to some of them. Therefore we have undertaken this report in order to protect the native trees as much as possible. As arboriculture is not an exact science we expect that during the construction process we will have to be called out to the site several times to make recommendations. We feel that permeable paving for driveways is going to be essential especially on two of the lots to allow the root systems to receive both oxygen and moisture. The client will have to decide if he/she desires to construct the other two driveway lots with the same paving material for consistency. This is not essential at this time but we feel it would add quality to the total project. Planting should be very limited under the Oak Trees and in no way should planting be within 3' of the trunk. The irrigation system should be designed so that no water is allowed to connect with the tree trunks and very limited water under the driplines of the trees. Drought tolerant plant materials should be used wherever possible and a lot of mulch, 3" deep as per the requirements of AB 325, should be installed. Before construction proceeds we feel that all the trees should be pruned so that the skirts are raised and all the deadwood and deformities removed before equipment is allowed on the site Tree Protection During: Construction: When construction is to commence the following should be followed: I . All trees to be saved should be pruned, thinned, the skirts raised, all dead wood removed and all cross branching cut away. This must be 2. A 4' minimum constriction snow fence is to be erected all around the tree at the drip line plus 4 feet. The General Contractor should install this before any rough grading is allowed on the site. Approval must be obtained in writing from either the Arborist or the City Representative for conformation of this protection. 3. During the fine grading operation the snow fence may he moved in towards the tree so that delicate grading may be accomplished with smaller equipment and by hand if necessary. 4. If major roots are encountered at any time the Consulting Arborist or the City of Atascadero Representative must be informed so that recommendations may be made for adjustments in grading or building placements. 5. In no instance shall tree wound paste be applied to any branches or root that have to be trimmed during the construction operation. 6. At no time shall trucks or equipment be allowed to park or operate within the drip line of the trees. ITEM NUMBER DATE: 12-19-06 Attachment 3: Original Arborist Report (Elder & Elder, March 2004)) ITEM NUMBER: 3 DATE: 12-19-06 Attachment 3: Original Arborist Report (Elder & Elder, March 2004)) Tree #1 — Juglans californica A California Walnut that is a magnificent specimen and will be even better after it is pruned during this project. The road, Navajos Avenue does not appear to have done any damage to the tree even though it is very close to the trunk. As the root system of this tree will be impacted on two more sides due to the location of the proposed new driveway it should be constructed using as little grading as possible and the paving material being of a porous type. This could be interlocking pavers or the actual paving block that allows both moisture and air to pass right through it. This would assist the root system in obtaining moisture and oxygen and therefore the tree would be impacted as little as possible. Tree #2 As with tree #1 the driveway will be in the Critical Root Zone (CRZ) but not by more than 2' on one side. Because of this impact once again there should be as little grading as possible and the paving material should be like Tree #1 to allow moisture and oxygen to penetrate the soil and consequently the root zone. This tree has been damaged by the 1ltility Companies lines and telephone pole but should be protected as much as possible even though it is in rather poor condition. Trees #3 & 4 — Quercus agrifolia These trees are so close together that they are being analyzed together. The proposed new dwelling penetrates the CRZ between 5-10% and therefore it is recommended that the footing of the building bridge across any roots that are encountered during construction. Pilings could be constructed every 4' or whatever the Engineer requires and a bridge be formed between each so that as little root damage as possible be encountered. Tree #5 — Quercus lobata According to the plans this tree will not be affected by the construction but should be protected by a construction fence so that equipment and materials do not damage the root and branch systems. ITEM NUMBER: 3 DATE: 12-19-06 Attachment 3: Original Arborist Report (Elder & Elder, March 2004)) Tree #6 — Quercus lobata This tree is of spectacular quality and should be protected. The proposed construction is within 2' of the trunk and redesign should be undertaken so that the garage docs not impact the CRZ as much as possible. The garage could be moved towards the street up to the setback fine, about 2 %: feet, and maybe even shortened the total length, from 34 feet to something lesser in order to protect the tree more. The construction will still be in the CRZ and because of that bridging and piles should be considered for both the dwelling and the garage that are in this zone. Tree #7 — Quercus agrifolia The driveway and both the garage and dwelling are in the CRZ and with some modification the impact could be lessened. The driveway could be constructed with as little grading as possible and pervious pavers installed to allow both moisture and oxygen to permeate the soil and consequently to root zone. The garage could be moved towards the back of the lot to allow construction outside the CRZ. The dwelling could be moved towards the back of the lot and/or pilings and bridging for the front part of the structure would lessen the potential damage to the tree. Tree #8 — Quercus agrifolia A small California or Coast Live Oak that will not be affected by any of the construction. Tree #9 — Juglans californica This rather small California Walnut should not be damaged by construction as it is outside the construction zone. Tree #10 — Quercus agrifolia(s) The construction area is outside the CRZ of this grove of Coast Live Oaks and damage should not be encountered during the construction process. Attachment 3: Original Arborist Report (Elder & Elder, March 2004)) ITEM NUMBER: 3 DATE: 12-19-06 `i ~1 x.4 - Tree Report Field Evaluation Form f u230 i T RE, E (ta as y.. � heritage Tree Y SPECIES: Quercus agrifoli�oba-dumosa. douglasii Other. PHYSICAL STRUCTURE: No of trunks Diameter at -15" above grade Extent of Drip Line (feel): 1J 20 S: ;eO E: )P W: ,22 Minimum clearance from ground (feet): N: , .7 S: Pj E:? W:e 'Total feet height (estimate) Broken/Dead Branches: NC7u-y— Trnnl:/Brinch Cavities Net, I:-,- HEALTH: Fungal Fruiting Bodies: n Lan Medium High -in Dicbact:: n Lonv Medium High E.:foliating Baric: Trunk Branch Tin Growth: Low Medium Crown Thinning �None L'".. � Lon° Medium High comments: Lon INSECTSIPARASITES: Twig girdlers: /'NonO Low Medium High Location l esh Breaks: Yes Woodborers �6p90 Lon' iviedium High Location fit Scales: Lon ivledium High Location rills: Low Medium High Mislictoc:Tyr/ Low Mediun2 High i 1J DRIES: Browse Damage Yes (3 Fire Damage: Yes l esh Breaks: Yes Root Damage/Exposurc: Yes GENERAL VIGOR ASSESSMENT: PEARANCE RATING; A CD E SETTING: PICTURE: 2L Sun, •or Date oi' SmvcN* ITEM NUMBER: 3 DATE: 12-19-06 Attachment 4: Draft Resolution PC 2006-0111 DRAFT RESOLUTION PC 2006-0111 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING TREE REMOVAL PERMIT 2006-0100 TO ALLOW THE REMOVAL OF ONE NATIVE OAK TREE LOCATED AT 7520 NAVAJOA AVENUE (Higgins) WHEREAS, an application for a Tree Removal Permit has been received from Lynne Higgins, 537 Kings Avenue, Unit A, Morro Bay, CA 93442, to allow the removal of one native oak tree located at 7520 Navajoa; and, WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on December 19, 2006, and considered testimony and reports from staff, the applicants, and the public; and, NOW, THEREFORE, the Planning Commission of the city of Atascadero takes the following actions: SECTION 1. Findings for Approval of Tree Removal Permit. The Planning Commission finds as follows: The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist; and, The tree is obstructing proposed improvements that could not be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: • Early consultation with the City; • Consideration of practical design alternatives; • Provision of cost comparisons (from applicant) for practical design alternatives; • If saving tree eliminates all reasonable uses of the property; or • If saving the tree requires the removal of more desirable trees; and, SECTION 2. Approval. The Planning Commission hereby approves Tree Removal Permit 2006-0100 subject to the following: Exhibit A: Conditions of Approval ITEM NUMBER DATE: 12-19-06 On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: (0 ) NOES: (0 ) ABSTAIN: (0 ) ABSENT: (0 ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: 3 DATE: 12-19-06 Exhibit A: Conditions of Approval Tree Removal - TRP 2006-0100 Conditions of Approval Timing Responsibility 24 -inches Valley Oak (#6) TRP 2006-0100 /Monitoring 4 PR: dorm Removal PS: Planning Services 6 BL: Business License BS: Building Services 24 -inches 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 for the removal based on PR PS the requirements of the Atascadero Native tree Ordinance as shown in the table below. 2. The applicant shall make payment in full to the Tree Fund PR PS prior to removal of native trees. Evergreen Native Trees (inches) dbh notes 1 2 3 4 5 6 Total 0 -inches Mitigation Requirement req'd tree replacements: Proposed Replanting Remaining Mitigation Tree Fund Payment: $ 0 five gal trees 0 five gal trees 0 box trees (24") Deciduous Native Trees (inches) req'd tree replacements: 16 five gal trees Proposed Replanting 0 five gal trees 0 box trees (24") 0 five gal trees Remaining Mitigation 16 five gal trees Tree Fund Payment: $ 800.00 Totals 24 -inches 16 five gal trees 0 five gal trees 0 box trees (24") 16 five gal trees $ 800.00 dbh notes 1 24 -inches Valley Oak (#6) 2 3 4 5 6 Total 24 -inches req'd tree replacements: 16 five gal trees Proposed Replanting 0 five gal trees 0 box trees (24") 0 five gal trees Remaining Mitigation 16 five gal trees Tree Fund Payment: $ 800.00 Totals 24 -inches 16 five gal trees 0 five gal trees 0 box trees (24") 16 five gal trees $ 800.00 ITEM NUMBER: DATE: 12-19-06 4. TO BE CONTINUED TO JANUARY 16, 2007 Applicant: Atascadero Enterprises, 2505 Theatre Drive, Suite A, Paso Robles, CA 93446 Owners: Joe Simonin, 185 Pendleton Lane, Templeton, CA 93465 Adam Scattini, 2505 Theatre Dr. Ste. A, Paso Robles, CA 93446 Project Title: Amendment to Conditional Use Permit 2004-0144 Lube 'N' Go Car Wash Project Location: 7095 EI Camino Real, San Luis Obispo County, APN 030-081-008 Project The proposed project consists of an Amendment to a Conditional Use Permit (CUP Description 2004-0144). The project is a request to: (1) Shift the location of the approved Lube 'N' Go building to the rear of the site; (2) Adjust the parking, circulation and landscaping; and (3) Provide a location for a Atascadero identification monument sign. Although not a part of the proposed application, the project will also provide a building pad and parking for a future conceptual restaurant or other commercial building. General Plan Designation: General Commercial (GC) Zoning District: Commercial Professional (CR) Proposed Consistent with the previously certified Mitigated Negative Declaration 2005-0002. Environmental Determination: \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2099-0305 Lube n Go\PC To Be Continued.am.doc Cdvlpmnt/PC To Be Continued to a Date Uncertain.am.doc ITEM NUMBER: 5 DATE: 12-19-(16 Atascadero Planning Commission Staff Report - Community Development Department Historic Banker House Planned Development ZCH 2005-0109 / CUP 2005-0173 / TTM 2005-0078 (5715/5735 Rosario Ave. / Ravatt) RECOMMENDATIONS: Staff Recommends Planning Commission: 1. Adopt Resolution PC 2006-0104 recommending the City Council certify Proposed Mitigated Negative Declaration 2006-0033; and, 2. Adopt Resolution PC 2006-0105 recommending the City Council introduce an ordinance for first reading by title only, to approve Zone Change 2006-0128 based on findings to establish Planned Development Overlay Zone #28; and, 3. Adopt Resolution PC 2006-0106 recommending the City Council introduce an ordinance for first reading by title only, to approve Zone Change 2005-0109 based on findings; and, 4. Adopt Resolution PC 2006-0107 recommending the City Council approve Conditional Use Permit 2005-0173 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 5. Adopt Resolution PC 2006-0108 recommending the City Council approve Vesting Tentative Tract Map 2005-0078 based on findings and subject to Conditions of Approval and Mitigation Monitoring. ITEM NUMBER: 5 DATE: 1,2_1a_na REPORT -IN -BRIEF: The proposed project consists of a Zone Map Amendment to establish a custom Planned Development Overlay Zone (PD28) on the subject site with a corresponding Master Plan of Development (CUP) and vesting Tentative Tract Map that would allow a 10 -unit residential planned development. The project site is currently developed with a single-family residence that has been identified as a Colony Home. DISCUSSION: Situation and Facts: 1. Owners: Greg Ravatt & Tina Mayer, 5735 Rosario Ave. Atascadero, CA 93422 James Barton Albrecht & Natalie Mejia 4518 Hummel Dr., Santa Maria, CA 93455 2. Applicant: Greg Ravatt, 5735 Rosario Ave., Atascadero 3. Project Address: 5735/5715 Rosario Ave (APN 029-252-001) (San Luis Obispo County). 4. General Plan Designation: MDR (Medium Density Residential) 5. Zoning District: RMF -10 (Residential Multi -family - 10) 6. Site Area: 1.12 acres 7. Existing Use: Single Family Residence 8. Environmental Status: Proposed Mitigated Negative Declaration 2006-0033 ITEM NUMBER: DATE: 12-19-06 Background Surrounding Land Use and Setting: North: Residential Multi -family East: Residential Multi -family South: Residential Multi -family West: Residential Multi -family Proposed Project Site The project site is within the Medium Density Residential General Plan Land Use Designation and is zoned Residential Multi -Family -10, which allows for a maximum density of 10 units per acre. The properties along Rosario Avenue in the vicinity of the project site are developed with single-family residences and multi -family developments. ANALYSIS: The proposed site plan has been designed to meet the requirements of the Atascadero Municipal Code and the Appearance Review requirements of the General Plan. The applicant is proposing to construct 9 new attached and detached homes on individual lots including the restoration of the existing Colony Home and surrounding gardens. The units provide approximately 1,400 to 1,600 square -feet of living space with a minimum one car attached garage. ITEM NUMBER: 5 DATE: 12-19-06 As a Planned Development, the Planning Commission must find the project provides high quality architectural, landscape, and site design to warrant the granting of special development standards. Appearance Review The following amenities have been provided throughout the project to warrant the granting of the Planned Development Overlay District as discussed below: • Decorative parking court/shared driveway. • Architectural detailing to compliment the existing Colony Home. • Homes located on the slope designed to step down with the natural terrain. • Restoration of the existing Colony Home and Carriage House. • Creation/restoration of the historic gardens. • Emphasized front entry features. Site Plan, Circulation, and Parking The proposed project includes nine new attached and detached units and one existing Colony Home. The new units are arranged off of a shared decorative parking courtyard to the side and rear of the existing Colony Home to preserve views of the historic residence from Rosario Ave. The rear of the site slopes downward toward Traffic Way. The units proposed to be developed on the sloped area are designed to step down the hillside to minimize grading and the height of the homes as viewed from Traffic Way. Based on multi -family standards outlined in the Municipal Code, the project requires 27 parking spaces. The applicant has provided a total of 30 parking spaces. Nine of the ten residential units have two car garages with the tenth unit consisting of the one -car garage. Units 1 through 6 allow for an additional guest parking space in the driveway. Four additional guest parking spaces are provided at the terminus of the parking court and one guest space is provided adjacent to the relocated carriage house. Full frontage improvements will be constructed along the Rosario Avenue frontage to include curb, gutter, and sidewalk. Architecture, Materials, and Color The proposed units are designed to compliment the historic Colony Home which was constructed in the style of an Italian Villa. This style of Colony Home is one of the more unique architectural examples of homes built during the Historic Colony period. The proposed units utilize similar architectural features and detailing as the historic residence including entry porches featuring classical columns, stylized chimneys, decorative window trim, and gridded windows. ITEM NUMBER: 5 DATE: 12-19-(16 Historic Impact Analysis The proposed project has been reviewed by Todd Hannahs of Cultural Resource Management Services and documented in a Historic Analysis dated June 30, 2006. The historic consultant has concluded that impacts to the historic site and setting of the existing residence are reduced to a level of insignificance with design features and restoration as proposed. The following mitigation measures will ensure that the project is implemented as proposed and no significant impacts result to the historic residence as a result of the project. The proposed project incorporates the Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating Historic Buildings (Mitigation Measures 5.a.1, 5.a.2). The standards apply to the exterior rehabilitation of the Colony house, construction of the new detached garage for the colony house, design of the proposed three homes, and proposed landscape improvements to the overall project site. For detailed information, the National Park Service maintains a web site at http://www2.cr.nps.gov/tps/tax/rhb/. In addition, a copy of the guidelines can be reviewed at the City's Community Development Department. The proposed construction, lot size, and site improvements will contribute toward increasing the economic viability of the existing house as an original Atascadero Colony residence. The proposed detached garage has been designed for vehicle parking and additional storage. In addition, the Colony House lot will include a deed restriction preventing the site from being subdivided or from being altered, which degrades the significance of this Historic House (Condition CUP 23). The overall project site has been carefully planned to reduce impacts to the Historic House and setting to a level of insignificance. A mitigation measure has been included to require Covenants, Conditions and Restrictions (CC&R's) that incorporate the planned development conditions of approval to ensure that the site retains the historic qualities (historic buildings, architecture, colors, materials, fencing, and landscaping) over time. Based on the above analysis and conditions, the Planning Commission recommends a finding to the City Council that the project is consistent with the U.S. Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating Historic Buildings. ITEM NUMBER: 5 DATE: 12-19-06 As a mitigation measure for the proposed project, and as consistent with the goals of the General Plan, the proposed Zone Change includes a Historic Site Overlay Zone over lot 10. Landscape Design The preliminary landscape plan has been designed to retain existing mature native oak trees and enhance historic and natural site elements. The applicant is proposing to recreate classical gardens at the front and rear of the historic Colony Home which will be partially open for use by all residents of the project. Street trees are provided along the Rosario Avenue frontage and throughout the shared parking court. Native Tree Mitigation/Preservation There are 22 native trees located on or adjacent to the proposed project site. A tree removal application for three native oak trees is included with the proposed development as noted in the chart below. A condition of approval has been included requiring the applicant to pay mitigation fees into the Tree Replacement Fund or provide equivalent re -plantings on site, as required by the Atascadero Native Tree Ordinance and as shown in the following chart (Condition CUP 20). Also conditioned is a requirement for the payment of a mitigation deposit for all trees with rootzone impacts of 40% or greater (Condition CUP 20). Evergreen Native Trees (inches) Deciduous Native Trees (inches) I Totals dbh 1 18 -inches 2 40 -inches 3 4 -inches 4 5 6 notes Total 62 -inches Mitigation Requirement req'd tree replacements: 21 five gal trees Proposed Replanting 0 five gal trees 0 box trees (24") Remaining Mitigation 21 five gal trees Tree Fund Payment: $ 1,033.33 dbh 1 2 3 4 5 6 Total 0 -inches req'd tree replacements: Proposed Replanting Remaining Mitigation Tree Fund Payment: $ notes 0 five gal trees 0 five gal trees 0 box trees (24") 62 -inches 21 five gal trees 0 five gal trees 0 box trees (24"1 0 five gal trees 1 21 five gal trees $ 1,033.33 ITEM NUMBER: 5 DATE: 12-19-(16 Site Drainage Historically, the site drains to the rear of the project site. The project is designed to detain all water in a detention basin located along the Rosario Avenue frontage and release the water at historic rates. Wastewater Sanitary sewer will be connected to existing sewer facilities in Rosario Avenue. Fiscal Impact Based on findings from the Taussig Study, revenue from new residential development including property tax revenues, vehicle licensing fees, sales taxes, and other revenues are insufficient to cover the maintenance and emergency services costs of new development. Based on the revenue projections from the Taussig Study, the City has developed standard conditions of approval for new development projects that require the cost of maintenance and emergency services to be funded by the project through a combination of road assessment districts, landscape and lighting districts and community facilities districts or other approved means (Conditions CUP 17 and 18/ TTM 8 and 9). Inclusionary and Workforce Housing The City Council has implemented an interim Inclusionary Affordable Housing Program to include a fixed percentage of units within residential developments that require a legislative approval to be reserved as deed restricted affordable units or for an in -lieu fee to be paid. A condition of approval has been added to ensure this requirement is met (Condition CUP 13, 14/TTM 11, 12). Project Benefits One of the required findings for approval of a Planned Development rezone is the project must "offer certain redeeming features to compensate for the requested modification." The table shown below outlines the Council Policy on Planned Development benefits. In order to approve this project, the Planning Commission must find that the project offers all of the tier 1 benefits to qualify for a Planned Development project. Staff notes that the project as proposed meets the additional tier two benefit for historic preservation. ITEM NUMBER: 5 DATE: 12 -19 -ns PD Location Tier 1 Benefits Tier 2 Benefits Inside of Urban Core a) Affordable / Workforce Housing a) Pocket Parks in larger projects b) High Quality Architectural Design b) Trails / Walkways for Pedestrian Custom PD c) High Quality Landscape Design Connectivity d) Buffering between Urban and c) Historic Preservation Suburban zones (large lot sizes, increased setbacks, landscape buffers, etc.) e) Higher density to meet Housing Element goals Tentative Tract Map An 11 lot Tentative Tract Map (TTM 2005-0078) is proposed as part of the project consistent with the proposed Master Plan of Development and proposed custom Planned Development Overlay Zone. Lot 11 is proposed as a common space lot that contains the proposed gardens and common drainage facilities. The included Master Plan of Development with recommended conditions ensures that this lot will remain undeveloped in the future (Condition 22). The Tract Map has been conditioned by staff and the City Engineer to meet all City standards including on- and off-site street improvements. The applicant will be required to record CC&R's with the map that will include maintenance and access of common areas (Condition CUP 19/TTM 10). General Plan Consistency The proposed project is consistent with the following General Plan Land Use and Housing Element Policies: Land Use Policy 1.1: "Preserve the rural atmosphere of the community and assure "elbow room" in areas designed for lower density development by guiding new development into the Urban Core to conform to the historic Colony land use patterns of the City and to respect the natural environment, hillside area and existing neighborhoods. " 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. " Land Use Policy 6.4: "Encourage conservation and preservation of structures and houses that have historical and architectural significance." ITEM NUMBER: 5 DATE: 12-19-06 Housing Element Policy 4.3: "Encourage attractive architecture and site landscaping that respect terrain and native trees." In staff's opinion the proposed project is consistent with the goals and policies of the Land Use Element and the Housing Element. The project will provide ten single-family residential units within the medium -density residential zone including one restored Colony Home. As conditioned, the project incorporates elements that are consistent with the scale and character of the surrounding residential neighborhood and the goals and policies of the General Plan. Findings Planned Development Overlay / Historic Site Overlay As specified in the City's General Plan and Zoning Ordinance, the following specific findings for the proposed Zone Change shall be made in order to approve the proposed project: 1. The proposed Zone Change is in conformance with the adopted General Plan goals, policies, and programs and the overall intent of the General Plan. 2. The proposed Zone Change is compatible with existing development, neighborhoods and the environment. 3. The proposed Zone Change will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 4. The proposed Zone Change is consistent with the project -specific Mitigated Negative Declaration. Conditional Use Permit (Master Plan of Development) A Master Plan of Development is required for the Planned Development in the form of a Conditional Use Permit. The proposed Master Plan of Development sets development standards related to architectural design, site design, landscape, signage, and specific development standards required by the zoning ordinance. The Planning Commission must make the following five findings to recommend approval of the proposed Master Plan of Development: 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 Medium Density Residential designation of the General Plan and General Plan Land Use Element Policy 1.1, 1.1.7, 2.1, 6.4, and Housing Element Policy 4.3. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the Planned Development Ordinance. ITEM NUMBER: 5 DATE: 12-19-06 Staff Comment: As conditioned, the project satisfies all Conditional Use Permit and Planned Development zoning code provisions. 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 development will not be detrimental to the general public or working person's 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 proposed project is compatible with the surrounding neighborhood by providing a higher density residential development that includes high quality architecture and preserves the existing on-site Colony Home. 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 and as proposed by the applicant. Tree Removals 1. The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: ■ Early consultation with the City; ■ Consideration of practical design alternatives; ■ Provision of cost comparisons (from applicant) for practical design alternatives; ■ If saving tree eliminates all reasonable uses of the property; or ■ If saving the tree requires the removal of more desirable trees. ITEM NUMBER: 5 DATE: 12-19-(16 Proposed Environmental Determination A Draft Mitigated Negative Declaration was circulated to public agencies and interested members of the public on November 6, 2006. The Environmental Analysis identified concerns regarding potential impacts to aesthetics, land use and planning, noise, historic resources, and traffic. Mitigation measures pertaining to these resources 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. Conclusion In staff's opinion, proposed development is consistent with the General Plan and compatible with the surrounding neighborhood. The project incorporates appearance review of architectural design, materials, and landscaping, and incorporates architectural themes into the site and building design, as conditioned. Native trees have been preserved where feasible and required conditions and mitigation measures have been appropriately incorporated into the project. As analyzed within the project's Initial Study and Draft Mitigated Negative Declaration, the proposed Master Plan of Development would have no significant environmental impacts and will not be detrimental to the general public or working persons health, safety, or welfare. Based on staff's analysis in the preceding sections, it appears all of the required findings for project approval can be made. ITEM NUMBER: 5 DATE: 12-19-06 ALTERNATIVES 1. The Commission may recommend modifications to the project and/or conditions of approval for the project to the City council. 2. The Commission may determine more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information 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 Multi -family. The Commission should specify the reasons for denial of the project and recommend an associated finding with such action. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1: Location, General Plan, and Zoning Map Attachment 2: Arborist Report Attachment 3: Historic Analysis Attachment 4: Proposed Mitigated Negative Declaration and Initial Study Attachment 5: Draft Resolution 2006-0104 Attachment 6: Draft Resolution 2006-0105 Attachment 7: Draft Resolution 2006-0106 Attachment 8: Draft Resolution 2006-0107 Attachment 9: Draft Resolution 2006-0108 Attachment 1: Location Map, General Plan and Zoning I +� -10 ITEM NUMBER DATE: 12-19-06 Current General plan Designation: MDR (Medium Density Residential) Current Zoning District: RMF -10 (Residential Multi -Family -10 units per acre) Proposed General Plan Designation: MDR (Medium Density Residential) Proposed Zoning District: RMF -10 (Residential Multi -Family) / Custom Planned Development Overlay / Historic Site Overlay on Lot 10 Attachment 2: Arborist Report See Following ITEM NUMBER DATE: 12-19-06 Attachment 3: Historic Analysis See Following ITEM NUMBER DATE: 12-19-06 ITEM NUMBER DATE: 12-19-06 Attachment 4: Proposed Mitigated Negative Declaration and Initial Study See Following ITEM NUMBER DATE: 12-19-06 ATTACHMENT 5: Draft Resolution PC 2006-0104 Approval of Draft Mitigated Negative Declaration DRAFT RESOLUTION PC 2006-0104 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL CERTIFY PROPOSED MITIGATED NEGATIVE DECLARATION 2006-0033 PREPARED FOR ZONE CHANGE 2005-0109, TENTATIVE TRACT MAP 2005-0078 AND CONDITIONAL USE PERMIT 2005-0173 ON APN 029-252-001 (5715/5735 Rosario Ave — Ravatt/Mayer/Albrecht/Mejia) WHEREAS, an application has been received from Greg Ravatt & Tina Mayer (5735 Rosario Ave, Atascadero CA 93422) and James Barton Albrecht & Natalie Mejia (4518 Hummel Dr., Santa Maria, CA 93455) Applicants and Property Owners, to consider a project consisting of a Zone Change from RMF -10 (Residential Multi -family -10) to RMF-10/PD28 (Residential Multi -Family -10 with a Planned Development Overlay 28) including an HS (Historic Site) overlay zone on lot 10 with corresponding Master Plan of Development and Vesting Tentative Tract Map located at 5715/5735 Rosario Avenue, (APN 029-252-001); and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2006-0033 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 December 19, 2006 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, WHEREAS, the Planning Commission has determined that the project will have no significant impacts with project specific mitigation measures incorporated; and, NOW THEREFORE, the Planning Commission of the City of Atascadero, hereby resolves to recommend that the City Council certify Proposed Mitigated Negative Declaration 2006-0033 based on the following Findings, and as shown in Exhibit A: 1. The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, ITEM NUMBER: 5 DATE: 17-1 a_na 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; and, 4. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, 5. The project does not have impacts which are individually limited, but cumulatively considerable; and, 6. The project will not cause substantial adverse effects on human beings either directly or indirectly; and, 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: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A Proposed Mitigated Negative Declaration 2006-0033 ITEM NUMBER DATE: 12-19-06 CITY OF ATASCADERO PROPOSED MITIGATED NEGATIVE DECLARATION 12000-0033 6907 II Canino Real Atascadero, CA 93422 805/461-5000 O»ners: CaegoryR.-m-M Tm)Lbtayer,5735RosarioAvemLe,Atucadero,CA93422,Phone:461-4121 Date Posted: James Bunn rR,reci't Natalie lifejia, 4518 Hummel Dr.. Santa Iisma, CA 93455 Applicant: C;rogoiyRav•V15735Rosario Aae.rt»caderoCA93422 Project Title: PLN2099-0789: Banker Ho+ssePluanedDevelopmstOvslay Project 5715/5735 Rosario Avtnue Location: (San Luis Obispo County)APN029-252-001 Project The proposed project consists of an application for construction of 9 new single family artachvd and Description: detached homes on indiaiduad lots that willbe developed urder the requJiremerds of a custom Planned Development Overlay District within fine RbIF•10 Toning District. One existing Historic Colony Home will be restored as part of the project and the existing carriage house will be restored and roamed on-site- for use by the residers of the Colony Home. Proposed homes range in si-se 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 projectwill take access Rosario Avenue and willbe servedby City sewer. General Plan Designation: Iitedium DensityResidential (MDR) Tonm,-District: Residsaialibilti-F•amily10(RMF•10) Findings: 1. The project does nothwethepotuuialto degrade the environ zt. 2. The project will not achieve short-term tothe, disadvatwageoflong-term etmironmentalgoals. 3. The project does notkwveimpactsaiLirhare individuallyhautxdbutcumulatmelyconsideiable. 4. Me project will not cause substantial aduuse effects onhuman beings enhTdirectly orindirectly. Determination: Based onthe above iandin�, undthe infoamatio¢n contained inthe initial sandy 2006-0033 Dade aputhenofbyreisence and onfileinthe Community Development Departmeraj it has be endetermined thattheaboveproject willnothweanadverse impact on the aw ronmentwhenthe followmgproposedmitipnonmeasures are incorporated into the project (see atIa[hment). Prepared Dy XW4), qkw o �t Assonate P. -annex Date Posted: November 6, 2006 PublieRevie wEnd s: December 5,2006 Atta ch me nt s: Location I Zm nng Map Aerial Photo Site Photos Site Plarolifuter Plan of Development Batnng5w.- heeplan Floor Plans and E2eudionns Preliminary Landscape Plan Ghding and Uul 47 Plan Site Sections Historic Resource Analysis hnnial Study 2006.0033 6907 HL CA VINO R&* L- RTAS C A DER 0. CAM ORNIA M422 - (805) 461.5000 - FAX 461-761 ITEM NUMBER: 5 DATE: 12-19-06 ATTACHMENT 6: Draft Resolution PC 2006-0105 Approval of Proposed Zoning Text Change DRAFT RESOLUTION PC 2006-0105 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND THE ATASCADERO MUNICIPAL CODE BY APPROVING ZONE CHANGE 2006-0128 TO ESTABLISH A PLANNED DEVELOPMENT OVERLAY #28 (Banker House PD — Ravatt/Mayer/Albrecht/Mejia) WHEREAS, an application has been received from Greg Ravatt (5735 Rosario Ave, Atascadero CA 93422) & James Barton Albrecht & Natalie Mejia (4518 Hummel Dr., Santa Maria, CA 93455) Applicants and Property Owners, to consider a project consisting of a Zone Change from RMF -10 (Residential Multi -family -10) to RMF-10/PD28 (Residential Multi - Family -10 with a Planned Development Overlay 28) including an HS (Historic Site) overlay zone on lot 10 with corresponding Master Plan of Development and Vesting Tentative Tract Map located at 5715/5735 Rosario Avenue, (APN 029-252-001); and, WHEREAS, Article 28 of the Atascadero Municipal Code allows for the creation of Planned Development Overlay Zones to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0033 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 has determined that it is in the best interest of the City to enact this amendment to the Zoning Code Text 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 Zone Text 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 text amendments; and, ITEM NUMBER: 5 DATE: 12-19-06 WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on December 19, 2006 studied and considered Zone Change 2006-0128, after first studying and considering the Draft 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 Approval of a Zone Text Change Creating a PD -28 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. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on December 19, 2006 resolved to recommend that the City Council introduce for first reading by title only, an ordinance that would amend the City Zoning code text with the following: 9-3.673 Establishment of Planned Development Overlay Zone #28 This Planned Development Overlay Zone applies to APN 029-252-001 in the Residential Multi- family zone. The maximum residential density within the planned development shall not exceed the density allowed by the underlying zoning district and provisions of the Atascadero Municipal Code. The following development standards shall be met by the entitled project within the PD -28 overlay zone: a) All site development shall require the approval of a Master Plan of Development. All construction and development shall conform to the approved Master Plan of Development, as conditioned. b) The Tentative Tract Map and any subsequent amendments for the site shall be consistent with an approved Master Plan of Development. All construction and development shall conform to the approved Master Plan of Development, as conditioned. c) No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Master Plan of Development. d) All utilities, including electric, telephone, and cable, within the PD and along the project frontages shall be installed and/or relocated underground. e) All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties. ITEM NUMBER: 5 DATE: 1,2_1a_na f) Trash shall be stored in individual garages. g) This project contains a historic Colony Home. Any future modifications to the exterior of the buildings or the site setting shall follow the Secretary of the Interiors standards. 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 foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary the ITEM NUMBER DATE: 12-19-06 ATTACHMENT 7: Draft Resolution PC 2006-0106 Approval of Proposed Zoning Map Change DRAFT RESOLUTION PC 2006-0106 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2005-0109, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 029-252-001 FROM RMF -10 (RESIDENTIAL MULTI -FAMILY —10) TO RMF -10 /PD-28/HS (RESIDENTIAL MULTI -FAMILY —10/ PLANNED DEVELOPMENT OVERLAY #28 WITH A HISTORIC SITE OVERLAY ON LOT 10) (5715/5735 Rosario Ave — Ravatt/Mayer/Albrecht/Mejia) WHEREAS, an application has been received from Greg Ravatt & Tina Mayer (5735 Rosario Ave., Atascadero CA 93422) & James Barton Albrecht & Natalie Mejia (4518 Hummel Dr., Santa Maria, CA 93455) Applicants and Property Owners, to consider a project consisting of a Zone Change from RMF -10 (Residential Multi -Family -10) to RMF-10/PD28 (Residential Multi -Family -10 with a Planned Development Overlay 28) including an HS (Historic Site) Overlay Zone on lot 10 with corresponding Master Plan of Development and Vesting Tentative Tract Map located at 5715/5735 Rosario Avenue, (APN 029-252-001); and, WHEREAS, the site's General Plan Designation is MDR (Medium Density Residential); and, WHEREAS, the site's current zoning district is RMF -10 (Residential Multi -Family -10); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0033 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 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 site contains a historic Colony Home of local significance; and, ITEM NUMBER: 5 DATE: 12-19-n6 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 December 19, 2006 studied and considered Zone Change 2005-0109, 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 Approval of a Zone Change to the Official Zoning Map of Atascadero Changing the existing site zoning to RMF -10/ PD -28/11S. 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. The proposed project offers certain redeeming features to compensate for the requested zone change. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on December 19, 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: Location Map/Zone Map Amendment Diagram ITEM NUMBER: 5 DATE: 12-19-06 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: ABSTAIN: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER DATE: 12-19-06 Exhibit A: Location Map/Zone Map Amendment Diagram MF_ 1 1 Current General plan Designation: MDR (Medium Density Residential) Current Zoning District: RMF -10 (Residential Multi -Family -10 units per acre) Proposed General Plan Designation: MDR (Medium Density Residential) Proposed Zoning District: RMF -10 (Residential Multi -Family) / Custom Planned Development Overlay / Historic Site Overlay on Lot 10 ATTACHMENT 8: Draft Resolution PC 2006-0107 Approval of Proposed Master Plan of Development (CUP) DRAFT RESOLUTION PC 2006-0107 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2005-0173 (MASTER PLAN OF DEVELOPEMNT) ON APN 029-252-001 (5715/5735 Rosario Ave — Ravatt/Mayer/Albrecht/Mejia) WHEREAS, an application has been received from Greg Ravatt & Tina Mayer (5735 Rosario Ave, Atascadero CA 93422) & James Barton Albrecht & Natalie Mejia (4518 Hummel Dr., Santa Maria, CA 93455) Applicants and Property Owners, to consider a project consisting of a Zone Change from RMF -10 (Residential Multi -family -10) to RMF-10/PD28 (Residential Multi -Family -10 with a Planned Development Overlay 28) including an HS (Historic Site) Overlay Zone on lot 10 with corresponding Master Plan of Development and Vesting Tentative Tract Map located at 5715/5735 Rosario Avenue, (APN 029-252-001); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from RMF -10 (Residential Multi -Family -10) to RMF -10 with PD28 with an HS Overlay Zone on Lot 10 (Residential Multi -Family -10 with a Planned Development Overlay 28 — Historic Site overlay on Lot 10); and, WHEREAS, the Planned Development #28 Overlay Zone requires the adoption of a Master Plan of Development, approved in the form of a Conditional Use Permit; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0033 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 Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on December 19, 2006 studied and considered the Conditional Use Permit 2005-0173 (Master Plan of Development), 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 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 provisions of the PD -28 Overlay Zone; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. 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 Master Plan 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; and 7. Benefits derived from the Master Plan of Development and PD overlay zone cannot be reasonably achieved through existing development standards or processing requirements; and, SECTION 2. Findings for Approval of Tree Removal. The Planning Commission finds as follows: 1. 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; ■ 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 December 19, 2006 resolved to recommend that the City Council approve Conditional Use Permit 2005-0173 (Master Plan of Development) and Tree Removal Permit subject to the following: EXHIBIT A: Conditions of approval / Mitigation Monitoring Program EXHIBIT B: Master Plan of Development / Site Plan EXHIBIT C: Tree Plan EXHIBIT D: Building 1-4 Floor Plan EXHIBIT E: Building 1-4 Elevations EXHIBIT F: Building 5-6 Floor Plan EXHIBIT G: Building 5-6 Elevations EXHIBIT H: Building 7-9 Floor Plan EXHIBIT I: Building 7-9 Elevations EXHIBIT J: Landscape Plan EXBIBIT K: Grading, Drainage and Utility Plan EXHIBIT L: Site Sections 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: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program Banker House Planned Development Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring 571515735 Rosario Ave. BL: Business License GP: Grading Permit PS: Planning Services BS: Building Services BP: Building Permit FI: Final Inspection FD: Fire Department Banker House Planned Development TO: Temporary Occupancy PD: Police Department CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney Planning Services 1. The approval of this zone change and use permit shall become final and FM PS effective following City Council approval. 2. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2005-0109 and ZCH 2006-0128 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 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. 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 Ongoin PS Atascadero or its agents, officers, and employees against any claim or g 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 EXHIBIT B and J with the following modifications: ■ All exterior material finishes (siding, trim, doors, windows, light fixtures, garage doors) shall be durable, high quality, and consistent with the architectural appearance. ■ Windows shall be gridded on all four elevations. ■ Roofs shall be architectural grade dimensional shingles. ■ Stucco exterior shall be smooth finish or similar. Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring 571515735 Rosario Ave. BL: Business License GP: Grading Permit PS: Planning Services BS: Building Services BP: Building Permfl FI: Final Inspection FD: Fire Department Banker House Planned Development �Temporary Occupancy PD: Police Department CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney 8. All site work, grading, and site improvements shall be consistent with the BP/FM PS, BS, CE Master Plan of Development as shown in EXHIBIT B C, J, K, and L. 9. All project fencing shall be installed consistent with EXHIBIT B, J, and K GP/BP PS subject to the following modifications: ■ Final fence location shall be subject to staff approval. ■ Privacy fencing of the gardens at the rear of the Colony Home shall be a maximum of 5 -feet tall. ■ All retaining walls shall consist of rock veneer with a decorative cap similar to the rock pattern used on the historic colony walls or shall be stucco with a decorative cap consistent with building architecture. 10. Final selection of colors and materials shall be subject to staff approval. GP/BP PS 11. A final landscape and irrigation plan shall be approved prior to the issuance of building permits and included as part of site improvement plan consistent with EXHIBIT J, and as follows: ■ All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. ■ All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site. ■ Final tree list shall be submitted with building permits, subject to staff approval. ■ Street and open space trees shall be minimum 15 -gallon size and double staked. ■ Front yard areas shall be landscaped with drought tolerant species, subject to staff approval. 12. The developer and/or subsequent owner shall assume responsibility for the continued maintenance of all landscape and common areas, consistent with EXHIBIT J. 13. Affordable Housing Requirement: The applicant shall comply with the City GP/BP PS, CA Council inclusionary housing policy and either deed restrict 20% of the proposed units or pay an in -lieu fee based on 5% of the construction valuation of each new and existing housing unit. 14. Workforce Housing: Prior to recordation of final map, the applicant shall BP PS, CA enter into a legal agreement with the City to reserve Y2 of the units for sale to residents or workers within the City of Atascadero, including the Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring 571515735 Rosario Ave. BL: Business License GP: Grading Permit PS: Planning Services BS: Building Services BP: Building Permfl FI: Final Inspection FD: Fire Department Banker House Planned Development �Temporary Occupancy PD: Police Department CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved; and ■ The City Attorney shall approve the final form of the agreement. 15. A Tree Protection Plan shall be submitted with subsequent building permits GP/BP PS for encroachment within the drip line of native trees located on the subject parcel and any adjacent properties. The applicant will contract with a certified arborist to monitor all activity within the drip lines of existing native oak trees. 16. An address marker to include address for all units shall be located at the GP/BP PS public street access point. The address marker shall be compatible with the project architecture. 17. The emergency services and facility maintenance costs listed below shall BP PS 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. 18. All tract maintenance costs listed below shall be 100% funded by the project BP PS in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Conditions of Approval / Mitigation Monitoring Program 571515735 Rosario Ave. Banker House Planned Development Timing BL: Business License GP: Grading Permit BP: Building Permfl FI: Final Inspection �Temporary Occupancy F0: Final Occupancy Responsibili ty /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. b) All parks, trails, recreational facilities and like facilities. c) All open space and native tree preservation areas. d) All drainage facilities and detention basins. e) All creeks, flood plains, floodways, wetlands, and riparian habitat areas. f) All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. g) All frontage landscaping and sidewalks along arterial streets. 19. Prior to final map, the applicant shall submit CC&Rs for review and approval BP PS, BS by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping in perpetuity. b) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. c) Residents shall keep all trash receptacles within the unit's designated trash storage area. d) Garages shall be maintained and used for vehicle parking. e) No boats, RV's or other type of recreation vehicle may occupy a guest or resident parking space, including within an individual 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. g) A statement related to the historic nature of the project shall be provided with restrictions on modifications to the exterior of the residential units and common landscape areas. Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring 571515735 Rosario Ave. BL: Business License GP: Grading Permit PS: Planning Services BS: Building Services BP: Building Permfl FI: Final Inspection FD: Fire Department Banker House Planned Development �U Temporary Occupancy PD: Police Department CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney 20. Approval of this permit shall include the removal of 3 Native Trees. The BP PS, BS applicant shall be required to pay mitigation fees or provide replantings on- site per the requirements of the Atascadero Native Tree Ordinance. Any additional removals shall be subject to Planning Commission approval. ■ A mitigation deposit shall be collected for all native trees with rootzones impacted 40% or greater. The applicant may submit written documentation that the tree remains in good health no sooner than 1 -year after final of the project to receive a full refund of the deposit. 21. The applicant must provide for the repair and maintenance of on-site shared FM CE 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. 22. An easement shall be recorded over Lot 11 that dedicated use of the lot as FM PS an amenity and common drainage facility for the benefit of Lots 1 through 10. 23. The colony house lot shall include a deed restriction preventing the site from FM PS being altered in a manner which degrades the historic significance of the property. City Engineer Project Conditions 1. The applicant shall improve Rosario Avenue to the City Standard 405 GP, BP CE typical section across the frontage of the property. A 3' offer of dedication shall be included on the final map to achieve the necessary width. Improvements to extend to 1/2 the street width plus 10'. 2. All storm water runoff from the buildings, shared driveway, and parking GP, BP CE areas shall be directed to the on-site storm water detention system. City Engineer Standard Conditions 3. In the event that the applicant bonds for the public improvements required GP, BP CE as a condition of this map, the applicant shall enter into a Subdivision Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring 571515735 Rosario Ave. BL: Business License GP: Grading Permit PS: Planning Services BS: Building Services BP: Building Permfl FI: Final Inspection FD: Fire Department Banker House Planned Development �Temporary Occupancy PD: Police Department CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney Improvement Agreement with the City Council. 4. An engineer's estimate of probable cost shall be submitted for review and GP, BP CE approval by the City Engineer to determine the amount of the bond. 5. The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map. 6. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to GP, BP CE the property frontage. 7. 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. 8. Slope easements shall be obtained by the applicant as needed to GP, BP CE accommodate cut or fill slopes. 9. Drainage easements shall be obtained by the applicant as needed to GP, BP CE accommodate both public and private drainage facilities. 10. A preliminary subdivision guarantee shall be submitted for review in FM CE conjunction with the processing of the tract map. 11. The final map shall be signed by the City Engineer prior to the map being FM CE placed on the agenda for City Council acceptance. 12. Prior to recording the tract map, the applicant shall pay all outstanding plan FM CE check/inspection fees. 13. Prior to recording the map, the applicant shall bond for or complete all FM CE improvements required by these conditions of approval. 14. 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. 15. Prior to recording the tract map, the applicant shall submit a map drawn in FM CE 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. 16. All existing and proposed utility, pipeline, open space, or other easements FM CE 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 Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring 571515735 Rosario Ave. BL: Business License GP: Grading Permit PS: Planning Services BS: Building Services BP: Building Permfl FI: Final Inspection FD: Fire Department Banker House Planned Development �U Temporary Occupancy PD: Police Department CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney map. The applicant shall show all access restrictions on the final/parcel map. 17. Prior to recording the tract map, the applicant shall have the map reviewed FM CE 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. 18. 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. 19. 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. 20. 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. 21. Drainage basins shall be designed to desilt, detain and meter storm flows GP, BP CE as well as release them to natural runoff locations. 22. Applicant shall submit erosion control plans and a Storm Water Pollution GP, BP CE Prevention Plan (SWPPP) if greater than 1acre of land is disturbed. The Regional Water Quality Control Board shall approve the SWPPP prior to issuance of a grading or building permit. 23. 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 24. Alignment of frontage improvements shall be approved by the City GP, BP CE Engineer. 25. All utilities shall be undergrounded on project frontage GP, BP CE 26. All onsite sewer mains shall be privately owned and maintained. FM CE 27. Prior to recording the final map, provisions for the repair and maintenance FM CE of the private SS shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private sewer and structures, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring 571515735 Rosario Ave. BL: Business License GP: Grading Permit PS: Planning Services BS: Building Services BP: Building Permfl FI: Final Inspection FD: Fire Department Banker House Planned Development �U Temporary Occupancy PD: Police Department CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney 28. Applicant shall pay sewer extension (Annexation), Connection and BP CE Reimbursement fees (if applicable) upon issuance of building permit. 29. Gravity mains within the subdivision shall be eight (8) inches in diameter. BP CE 30. Drainage piping serving fixtures which have flood level rims located below BP CE 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. 31. All sanitary sewer (SS) mains shall terminate in manholes unless BP CE extension of the main, at some later date, is anticipated. If extension of a SS main is anticipated, said SS main may terminate in a cleanout providing the next downstream manhole is less than 300 linear feet from the cleanout and that the point of termination is not a reasonable location for a SS main angle point or intersection. Atascadero Mutual Water Company 32. Before the issuance of building permits, the applicant shall submit plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All 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. 33. Before issuance of building permits, the applicant shall obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. Mitigation Measures Mitigation Measure 1.d.1: All lighting shall be designed to eliminate any off site BP PS 1.d.1 glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 14 -feet in height, limit intensity to 2.0 foot candles at ingress /egress, and otherwise 0.6 foot candle minimum to 1.0 maximum in parking areas. Fixtures shall be shield cut-off type. A maximum of 2 pole lights will be permitted for safety lighting throughout the project area. Mitigation Measure 3.15.1: The project shall be conditioned to comply with all BP BS 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to Conditions of Approval / Mitigation Monitoring Program 571515735 Rosario Ave. Banker House Planned Development Timing BL: Business License GP: Grading Permit BP: Building Permfl FI: Final Inspection �Temporary Occupancy F0: Final Occupancy Responsibili ty /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 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 stock -pile 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 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. 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 Conditions of Approval / Mitigation Monitoring Program 571515735 Rosario Ave. Banker House Planned Development Timing BL: Business License GP: Grading Permit BP: Building Permfl FI: Final Inspection �U Temporary Occupancy F0: Final Occupancy Responsibili ty /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 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: The developer shall contract with a certified arborist BP PS 4.e.1 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 a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of 3/4 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. (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. Conditions of Approval I Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring 571515735 Rosario Ave. BL: Business License GP: Grading Permit PS: Planning Services BS: Building Services BP: Building Permfl FI: Final Inspection FD: Fire Department Banker House Planned Development �Temporary Occupancy PD: Police Department CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney Mitigation Measure 4.e.2: Grading and excavation and grading work shall be GP PS 4.e.2 consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 5. All trees within the area of work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 5.b.1: Should any cultural resources be unearthed during site BP PS 5.b.1 development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. Mitigation Measure 5.a.1: Any exterior building modifications or site plan changes BP PS 5.a.1 not represented in the proposed project that could occur during the Building Permit application process or during construction shall be consistent with the Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines for Rehabilitating Historic Buildings and shall meet the provisions of CEQA -Section 15064.5, as approved by Planning Staff. Mitigation Measure 5.a.2: All recommendations made by the historic consultant BP PS 5.a.2 shall be implemented during the project construction. Per the recommendations of the consultant, the historic carriage house shall be relocated and restored to its original use as a garage for the existing Colony Home. Mitigation Measure 6.b: The grading permit application plans shall include GP CE 6.b 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. (See section 8 of the document). Mitigation Measure 6.c.d: A soils report shall be required to be submitted with a GP BS 6.c.d 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. Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring 571515735 Rosario Ave. BL: Business License GP: Grading Permit PS: Planning Services BS: Building Services BP: Building Permfl FI: Final Inspection FD: Fire Department Banker House Planned Development �U Temporary Occupancy PD: Police Department CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention Plan BP CE 8.e.f (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. Mitigation Measure 8.e.f.2: The developer is responsible for ensuring that all BP BS,PS,CE 8.ef.2 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 work orders. Mitigation Measure 11.d: All construction activities shall comply with the City of Ongoing BS/PS 11.d Atascadero Noise Ordinance for hours of operation. Mitigation Measure 15.a.b.1: Full frontage improvements shall be required along BP, GP PS/CE 15.a.b.1 Rosario Avenue, subject to the approval of the City Engineer. EXHIBIT B: Master Plan of Development/Site Plan f-�, 101i I 1�.I EXHIBIT C: Tree Plan 1.1 Hit EXHIBIT D: Building 1-4 Floor Plans kw MA uce !+_rte—arm— EXHIBIT E: Building 1-4 Elevations loll fill �Sa$I oil in, EXHIBIT F: Building 5-6 Floor Plans -t'.Qi4CCa-•�• assns-.�.....__.... 1 .zsasasra-c�-5+—' - .lyrscatis^-rasa= i iTnT-Ts�� are 9.�dG RF 9ACM IYE �... IMT Urt + 'AG'6� meumr.uis--^•• .�sza'm1rMa�-" •cs� =rartrsa--" - _s�aa�s�.ra.-ne--ar- f ' !P ifXiflC '-� PINa. Ya11D .. . iM r`YR atY� .• -t'.Qi4CCa-•�• assns-.�.....__.... 1 .zsasasra-c�-5+—' - .lyrscatis^-rasa= i iTnT-Ts�� are 9.�dG RF 9ACM IYE �... IMT Urt + 'AG'6� EXHIBIT G: Building 5-6 Elevations EXHIBIT H: Building 7-9 Floor Plans .muarss,izr�_._•• • �'a'3ho"S•• ::�rarassraa --- • For IM7 ..: "I. 1 - -_- ------ Mum :.. —� faSi • • � Ell auaoaa auaaoaa wra wra waaoas ;; wry �� --+� ..:. 3 a�a�. • �- .muarss,izr�_._•• • �'a'3ho"S•• ::�rarassraa --- • For IM7 ..: "I. 1 - -_- ------ Mum :.. EXHIBIT 1: Building 7-9 Elevations EXHIBIT J: Landscape Plan r � � Le O eI VJ D�apexe,tl'Deoy aiesoy C � 3 I t S uapisa- PEON op2SON ay$ EXHIBIT K: Grading and Utility Plan EXHIBIT L: Site Sections d rQF J ATTACHMENT 8: Draft Resolution PC 2006-0108 Approval of Proposed Vesting Tentative Tract Map DRAFT RESOLUTION PC 2006-0108 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE TRACT MAP 2006- 00789 AN ELEVEN LOT SUBDIVISION CONSISTENT WITH A MASTER PLAN OF DEVELOPMENT ON APN 029-252-001 (5735/5715 Rosario Ave — Ravatt/Mayer/Albrecht/Mejia) WHEREAS, an application has been received from Greg Ravatt & Tina Mayer (5735 Rosario Ave, Atascadero CA 93422) & James Barton Albrecht & Natalie Mejia (4518 Hummel Dr., Santa Maria, CA 93455) Applicants and Property Owners, to consider a project consisting of a Zone Change from RMF -10 (Residential Multi -family -10) to RMF-10/PD28 (Residential Multi -Family -10 with a Planned Development Overlay 28) including an HS (Historic Site) Overlay Zone on lot 10 with corresponding Master Plan of Development and Vesting Tentative Tract Map located at 5715/5735 Rosario Avenue, (APN 029-252-001); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from RMF -10 (Residential Multi -Family -10) to RMF -10 with PD28 with an HS overlay zone on Lot 10 (Residential Multi -Family -10 with a Planned Development Overlay 28 — Historic Site overlay on Lot 10); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0033 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Tract Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on December 19, 2006 studied and considered Tentative Tract Map 2006- 0078, 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 of Approval for Vesting Tentative Tract Map, the Planning Commission of the City of Atascadero finds as follows: The proposed subdivision, design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements, including provisions of the PD -28 overlay district. 2. The proposed subdivision, as conditioned, is consistent with the Master Plan of Development (CUP 2005-0173). 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. Covenants, Conditions and Restrictions (CC&R's) or equivalent shall be required that incorporate the Master Plan of Development conditions of approval to ensure that the site retains the proposed qualities (architecture, colors, materials, plan amenities, fencing, and landscaping) over time. 8. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on December 19, 2006, resolved to recommend that the City Council approve Tentative Tract Map (TTM 2005-0078) subject to the following: 1. Exhibit A: Tentative Tract Map 2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program. 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: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary .xhibit A: Tentative Tract Map Exhibit B: Conditions of Approval / Mitigation Monitoring Program Tentative Tract Map 2005-0078 Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring 571515735 Rosario Ave BL: Business License GP: Grading Permit PS: Planning Services BS: Building Services BP: Building Permit FI: Final Inspection FD: Fire Department Banker House Planned Development Occupancy p y PD: Police Department CE: City Engineer F0: Final Occupancy WW: Wastewater CA: CityAttomey Planning Services 1. The approval of this zone change and use permit shall become final and FM PS effective following City Council approval. 2. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2005-0109 and ZCH 2006-0128 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 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. 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 Ongoin PS Atascadero or its agents, officers, and employees against any claim or g 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 EXHIBIT B and J with the following modifications: ■ All exterior material finishes (siding, trim, doors, windows, light fixtures, garage doors) shall be durable, high quality, and consistent with the architectural appearance. • Windows shall be gridded on all four elevations. ■ Roofs shall be architectural grade dimensional shingles. ■ Stucco exterior shall be smooth finish or similar. Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring 571515735 Rosario Ave BL: Business License GP: Grading Permit PS: Planning Services BS: Building Services BP: Building Permfl FI: Final Inspection FD: Fire Department Banker House Planned Development �U Temporary Occupancy PD: Police Department CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney 8. All site work, grading, and site improvements shall be consistent with the BP/FM PS, BS, CE Master Plan of Development as shown in EXHIBIT B C, J, K, and L. 9. All project fencing shall be installed consistent with EXHIBIT B, J, and K GP/BP PS subject to the following modifications: ■ Final fence location shall be subject to staff approval. ■ Privacy fencing of the gardens at the rear of the Colony Home shall be a maximum of 5 -feet tall. ■ All retaining walls shall consist of rock veneer with a decorative cap similar to the rock pattern used on the historic colony walls or shall be stucco with a decorative cap consistent with building architecture. 10. Final selection of colors and materials shall be subject to staff approval. GP/BP PS 11. A final landscape and irrigation plan shall be approved prior to the issuance of building permits and included as part of site improvement plan consistent with EXHIBIT J, and as follows: ■ All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. ■ All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site. ■ Final tree list shall be submitted with building permits, subject to staff approval. ■ Street and open space trees shall be minimum 15 -gallon size and double staked. ■ Front yard areas shall be landscaped with drought tolerant species, subject to staff approval. 12. The developer and/or subsequent owner shall assume responsibility for the continued maintenance of all landscape and common areas, consistent with EXHIBIT J. 13. Affordable Housing Requirement: The applicant shall comply with the City GP/BP PS, CA Council Inclusionary Housing Policy and either deed restrict 20% of the proposed units or pay an in -lieu fee based on 5% of the construction valuation of each new and existing housing unit. 14. Workforce Housing: Prior to recordation of final map, the applicant shall BP PS, CA enter into a legal agreement with the City to reserve Y2 of the units for sale to residents or workers within the City of Atascadero, including the Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring 571515735 Rosario Ave BL: Business License GP: Grading Permit PS: Planning Services BS: Building Services BP: Building Permfl FI: Final Inspection FD: Fire Department Banker House Planned Development �Temporary Occupancy PD: Police Department CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved; and ■ The City Attorney shall approve the final form of the agreement. 15. A Tree Protection Plan shall be submitted with subsequent building permits GP/BP PS for encroachment within the drip line of native trees located on the subject parcel and any adjacent properties. The applicant will contract with a certified arborist to monitor all activity within the drip lines of existing native oak trees. 16. An address marker to include address for all units shall be located at the GP/BP PS public street access point. The address marker shall be compatible with the project architecture. 17. The emergency services and facility maintenance costs listed below shall BP PS 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. 18. All tract maintenance costs listed below shall be 100% funded by the project BP PS in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Conditions of Approval / Mitigation Monitoring Program 571515735 Rosario Ave Banker House Planned Development Timing BL: Business License GP: Grading Permit BP: Building Permfl FI: Final Inspection �Temporary Occupancy F0: Final Occupancy Responsibili ty /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. a. All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. b. All parks, trails, recreational facilities and like facilities. C. All open space and native tree preservation areas. d. All drainage facilities and detention basins. e. All creeks, flood plains, floodways, wetlands, and riparian habitat areas. f. All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. g. All frontage landscaping and sidewalks along arterial streets. 19. Prior to final map, the applicant shall submit CC&Rs for review and approval BP PS, BS by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a. Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping in perpetuity. b. A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. c. Residents shall keep all trash receptacles within the unit's designated trash storage area. d. Garages shall be maintained and used for vehicle parking. e. No boats, RV's or other type of recreation vehicle may occupy a guest or resident parking space, including within an individual 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. g. A statement related to the historic nature of the project shall be provided with restrictions on modifications to the exterior of the residential units and common landscape areas. Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring 571515735 Rosario Ave BL: Business License GP: Grading Permit PS: Planning Services BS: Building Services BP: Building Permfl FI: Final Inspection FD: Fire Department Banker House Planned Development �Temporary Occupancy PD: Police Department CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney 20. Approval of this permit shall include the removal of 3 Native Trees. The BP PS, BS applicant shall be required to pay mitigation fees or provide replantings on- site per the requirements of the Atascadero Native Tree Ordinance. Any additional removals shall be subject to Planning Commission approval. ■ A mitigation deposit shall be collected for all native trees with rootzones impacted 40% or greater. The applicant may submit written documentation that the tree remains in good health no sooner than 1 -year after final of the project to receive a full refund of the deposit. 21. The applicant must provide for the repair and maintenance of on-site shared FM CE 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. 22. An easement shall be recorded over Lot 11 that dedicated use of the lot as FM PS an amenity and common drainage facility for the benefit of Lots 1 through 10. 23. The colony house lot shall include a deed restriction preventing the site from FM PS being altered in a manner which degrades the historic significance of the property. City Engineer Project Conditions 24. The applicant shall improve Rosario Avenue to the City Standard 405 GP, BP CE typical section across the frontage of the property. A 3' offer of dedication shall be included on the final map to achieve the necessary width. Improvements to extend to 1/2 the street width plus 10'. 25. All storm water runoff from the buildings, shared driveway, and parking GP, BP CE areas shall be directed to the on-site storm water detention system. City Engineer Standard Conditions 26. In the event that the applicant bonds for the public improvements required GP, BP CE as a condition of this map, the applicant shall enter into a Subdivision Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring 571515735 Rosario Ave BL: Business License GP: Grading Permit PS: Planning Services BS: Building Services BP: Building Permfl FI: Final Inspection FD: Fire Department Banker House Planned Development �Temporary Occupancy PD: Police Department CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney Improvement Agreement with the City Council. 27. An engineer's estimate of probable cost shall be submitted for review and GP, BP CE approval by the City Engineer to determine the amount of the bond. 28. The Subdivision Improvement Agreement shall record concurrently with the FM CE Final Map. 29. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to GP, BP CE the property frontage. 30. 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. 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 being FM CE placed on the agenda for City Council acceptance. 35. Prior to recording the tract map, the applicant shall pay all outstanding plan FM CE check/inspection fees. 36. Prior to recording the map, the applicant shall bond for or complete all FM CE 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 drawn in FM CE 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 easements FM CE 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 Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring 571515735 Rosario Ave BL: Business License GP: Grading Permit PS: Planning Services BS: Building Services BP: Building Permfl FI: Final Inspection FD: Fire Department Banker House Planned Development �U Temporary Occupancy PD: Police Department CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney 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 reviewed FM CE 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. 41. Prior to the issuance of building permits the applicant shall submit plans and GP, BP CE 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. Closed GP, BP CE 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. Provide for the detention and metering out of developed storm runoff so that GP, BP CE it is equal to or less than undeveloped storm runoff. 44. Drainage basins shall be designed to desilt, detain and meter storm flows GP, BP CE as well as release them to natural runoff locations. 45. Applicant shall submit erosion control plans and a Storm Water Pollution GP, BP CE Prevention Plan (SWPPP) if greater than 1 acre of land is disturbed. The Regional Water Quality Control Board shall approve the SWPPP prior to issuance of a grading or building permit. 46. 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 47. Alignment of frontage improvements shall be approved by the City GP, BP CE Engineer. 48. All utilities shall be undergrounded on project frontage GP, BP CE 49. All onsite sewer mains shall be privately owned and maintained. FM CE 50. Prior to recording the final map, provisions for the repair and maintenance FM CE of the private SS shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private sewer and structures, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring 571515735 Rosario Ave BL: Business License GP: Grading Permit PS: Planning Services BS: Building Services BP: Building Permfl FI: Final Inspection FD: Fire Department Banker House Planned Development �Temporary Occupancy PD: Police Department CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney 51. Applicant shall pay sewer extension (Annexation), Connection and BP CE Reimbursement fees (if applicable) upon issuance of building permit. 52. Gravity mains within the subdivision shall be eight (8) inches in diameter. BP CE 53. Drainage piping serving fixtures which have flood level rims located below BP CE the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve. 54. All sanitary sewer (SS) mains shall terminate in manholes unless extension BP CE of the main, at some later date, is anticipated. If extension of a SS main is anticipated, said SS main may terminate in a cleanout providing the next downstream manhole is less than 300 linear feet from the cleanout and that the point of termination is not a reasonable location for a SS main angle point or intersection. Atascadero Mutual Water Company 55. Before the issuance of building permits, the applicant shall submit plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All 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. 56. Before issuance of building permits, the applicant shall obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. Mitigation Measures Mitigation Measure 1.d.1: All lighting shall be designed to eliminate any off site BP PS 1.d.1 glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 14 -feet in height, limit intensity to 2.0 foot candles at ingress /egress, and otherwise 0.6 foot candle minimum to 1.0 maximum in parking areas. Fixtures shall be shield cut-off type. A maximum of 2 pole lights will be permitted for safety lighting throughout the project area. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP BS 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to Conditions of Approval / Mitigation Monitoring Program 571515735 Rosario Ave Banker House Planned Development Timing BL: Business License GP: Grading Permit BP: Building Permfl FI: Final Inspection �Temporary Occupancy F0: Final Occupancy Responsibili ty /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 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 stock -pile 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 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. 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 Conditions of Approval / Mitigation Monitoring Program 571515735 Rosario Ave Banker House Planned Development Timing BL: Business License GP: Grading Permit BP: Building Permfl FI: Final Inspection �U Temporary Occupancy F0: Final Occupancy Responsibili ty /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 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 developer shall contract with a certified arborist BP PS 4.e.1 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 a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of % inch granite covered with one -inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one -foot by one -foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the 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. Conditions of Approval I Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring 571515735 Rosario Ave BL: Business License GP: Grading Permit PS: Planning Services BS: Building Services BP: Building Permfl FI: Final Inspection FD: Fire Department Banker House Planned Development �Temporary Occupancy PD: Police Department CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney Mitigation Measure 4.e.2: Grading and excavation and grading work shall be GP PS 4.e.2 consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 7. All existing trees outside of the limits of work shall remain. 8. Earthwork shall not exceed the limits of the project area. 9. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 10. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 11. 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. 12. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 5.b.1: Should any cultural resources be unearthed during site BP PS 5.b.1 development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. Mitigation Measure 5.a.1: Any exterior building modifications or site plan changes BP PS 5.a.1 not represented in the proposed project that could occur during the Building Permit application process or during construction shall be consistent with the Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines for Rehabilitating Historic Buildings and shall meet the provisions of CEQA -Section 15064.5, as approved by Planning Staff. Mitigation Measure 5.a.2: All recommendations made by the historic consultant BP PS 5.a.2 shall be implemented during the project construction. Per the recommendations of the consultant, the historic carriage house shall be relocated and restored to its original use as a garage for the existing Colony Home. Mitigation Measure 6.b: The grading permit application plans shall include GP CE 6.b 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. (See section 8 of the document). Mitigation Measure 6.c.d: A soils report shall be required to be submitted with a GP BS 6.c.d 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. Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring 571515735 Rosario Ave BL: Business License GP: Grading Permit PS: Planning Services BS: Building Services BP: Building Permfl FI: Final Inspection FD: Fire Department Banker House Planned Development �U Temporary Occupancy PD: Police Department CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention Plan BP CE 8.e.f (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. Mitigation Measure 8.e.f.2: The developer is responsible for ensuring that all BP BS,PS,CE 8.ef.2 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 work orders. Mitigation Measure 11.d: All construction activities shall comply with the City of Ongoing BS/PS 11.d Atascadero Noise Ordinance for hours of operation. Mitigation Measure 15.a.b.1: Full frontage improvements shall be required along BP, GP PS/CE 15.a.b.1 Rosario Avenue, subject to the approval of the City Engineer. ITEM NUMBER: 6 DATE: 12-19-(16 Atascadero Planning Commission Staff Report - Community Development Department El Corte Planned Development #17: PLN 2099-0795 (Eddings) RECOMMENDATIONS: Staff Recommends Planning Commission: 1. Adopt Resolution PC 2006-0112 recommending the City Council certify Proposed Mitigated Negative Declaration 2006-0031; and, 2. Adopt Resolution PC 2006-0113 recommending the City Council introduce an ordinance for first reading by title only, to approve Zone Change 2006-0112 based on findings; and, 3. Adopt Resolution PC 2006-0114 recommending the City Council approve Conditional Use Permit 2006-0178 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Adopt Resolution PC 2006-0115 recommending the City Council approve Vesting Tentative Tract Map 2006-0082 based on findings and subject to Conditions of Approval and Mitigation Monitoring. ITEM NUMBER: 6 DATE: 1,2_1a_na REPORT -IN -BRIEF: The proposed project consists of a Zone Map Amendment to establish a Planned Development Overlay Zone #17 on the subject site with a corresponding Master Plan of Development (CUP) and vesting Tentative Tract Map that would allow a 10 -unit residential planned development. The project site is currently developed with a single- family residence that is proposed to be demolished. DISCUSSION: Situation and Facts: 1. Applicant / Representative: Royce Eddings, 10780 Vista Road Atascadero, CA 93422 2. Project Address: 8570 EI Corte (APN 030-421-005) (San Luis Obispo County). 3. General Plan Designation: SFR (Single -Family Residential) 4. Zoning District: RSF-X (Residential Single-family - X) 5. Site Area: 2.036 acres 6. Existing Use: single-family residence 7. Environmental Status: Proposed Mitigated Negative Declaration 2006-0031 ITEM NUMBER: 6 DATE: 12-19-06 Background Surrounding Land Use and Setting: North: Residential Single -Family - X East: Residential Multi -Family - 10 South: Recreation (Golf Course) West: Residential Single -Family - X 18570 El Corte The project site is within the Residential Single -Family General Plan land use designation and is zoned Residential Single -Family -X (0.5 acre minimum lot size), which allows for a maximum density of 4 units per acre with the establishment of a PD overlay zone. The surrounding neighborhood is developed with medium and high- density single-family developments. The adjacent development, chalk mountain village, contains higher density small lot single-family homes and open space areas. ANALYSIS: The proposed site plan has been designed to meet the minimum requirements of the Atascadero Municipal Code and the appearance review requirements of the General Plan with exceptions as noted below. 10 detached single-family residences are proposed for the site, ranging from 1300 to 2300 square -feet with attached two -car garages. ITEM NUMBER: 6 DATE: 12-19-06 The applicant's proposal includes density -bonus units under the provisions of the State - density bonus program. The base density for the project site allows a maximum of 8 residential units with the implementation of the Planned Development Overlay Zone Change. The applicant is requesting a State Density Bonus which allows for the construction of additional units in exchange for the provision of deed restricted affordable units. Under this scenario, the applicant would receive one additional market rate unit in exchange for providing either two units deed restricted at the low-income rate, or one unit deed restricted at the very -low income rate, for a minimum of 30 -years. As a Planned Development, the Planning Commission must find the project provides high quality architectural, landscape, and site design to warrant the granting of special development standards. State Density Bonus The applicant is requesting a density bonus in accordance with the State Density Bonus provisions. The State Density bonus offers a 35% density bonus for the provision of either 10% of the base density deed restricted at the very -low rate (one unit) or 20% of the project restricted at the low-income rate (2 units). The State Density Bonus allows the applicant to request three concessions related to modifications of zoning requirements. For this project, the applicant is requesting that the following concessions be made: 1. Lot Size: The minimum lot size required in the PD -17 zoning district is 6,400 square feet net with a minimum frontage of 60 -feet. As proposed 4 lots meet or exceed these standards, 6 lots do not meet this standard. The proposed lot sizes range from 4,969 square -feet to 7,714 square feet. 2. Lot Coverage: The maximum site coverage permitted by the PD -17 overlay district is 35%. As proposed, two lots (Lots 1, and 8) do not meet this standard. Lot 1 has a site coverage of 40% and Lot 8 has a site coverage of 37%. 3. Garage setback: The PD -17 requires that the garages be setback a minimum of 10 -feet from the front of the residence. This standard is designed to create a less garage dominated and more pedestrian oriented appearance along the street frontage(s). As proposed, the garage setback ranges from 2 to 4 -feet with the porch protruding beyond. ITEM NUMBER: 6 DATE: 12-19-(16 As this project requires a Zone Change to allow the applicant to subdivide the current parcel into a greater number of lots than would be allowed through current zoning, the Planning Commission is not required to approve the project based solely on the request for the State Density Bonus. The Planning Commission must still make all the required findings for project approval, and can, based on any of the required findings, deny or request that modifications to the density or other aspects of the project be altered as necessary to make the required findings. In regards to affordable housing, staff believes that the provisions of low and very -low income housing units meets the goals and policies of the General Plan and complies with the Councils Inclusionary Housing Policy. Appearance Review Site Plan, Circulation, and Parking The proposed project includes ten detached single-family residences arranged around a common cul-de-sac that gains access from EI Corte Road. One residence located at the southwesterly portion of the project site will take access from La Linia Road. The applicant is proposing two single -story units fronting EI Corte and two-story units located around the shared street. Each unit has a two -car garage and additional guest parking is provided within the driveway of each lot. There is existing riparian vegetation and an identified wetland area located along the La Linia frontage. The applicant's biologist has reviewed the proposed plans and has determined that there will be no significant impacts to the riparian and/or wetland vegetation with the mitigation measures as identified. The biologist and the arborist have worked with the project engineer to ensure that the existing cottonwood tree located within the Riparian Zone will remain. Additionally, as designed, approximately 75% of the existing willow mass will need to be removed to construct the proposed units and rear yard areas. The biologist has required that the applicant replant willow stakes throughout the riparian area as mitigation of the proposed riparian vegetation removal. Staff has conditioned that the project implement all measures as recommended by the project biologist. Public/Subdivision Improvements Frontage improvements will be constructed along the EI Corte and La Linia rights-of- way. Due to existing drainage improvements and the location of the existing drainage ITEM NUMBER: 6 DATE: 12-19-06 and wetland areas along the La Linia frontage, staff is recommending that the project construct modified frontage improvements as conditioned. The City Engineer is requesting that the applicant construct curb, gutter, and sidewalk along the EI Corte frontage and around the proposed cul-de-sac. A sidewalk will be provided linking the cul-de-sac to La Linia Road allowing for a pedestrian link between EI Corte and La Linia while avoiding unnecessary impacts to the existing riparian vegetation that would be caused by the construction of a sidewalk along La Linia Road. The project has been conditioned to provide these improvements as proposed. Architecture, Materials, and Color According to the applicant, the proposed units are designed with Tuscan -Mediterranean elements including stucco siding, round entry features, shuttered windows, and tile roofs. Landscape Design The preliminary Landscape Plan has been designed to complete the EI Corte Street frontage and mitigate impacts to the existing riparian area. Proposed landscaping includes drought tolerant shrubs and accent plants. Street trees will be provided along all street frontages. Project fencing includes solid rear yard fencing and, where adjacent to the riparian area, transparent rear yard fencing. Native Tree Mitigation/Preservation The applicant is not proposing to remove any native trees under the purview of the Atascadero Native Tree Ordinance, however, the project site contains a drainage area with wetland and riparian vegetation. The applicant is proposing to remove approximately 75% of the existing willow mass adjacent to this area. The biologist has required that these removals be mitigated by replanting willows at a ratio of 3:1 along the riparian edge. The site also contains a large cottonwood that has been determined to be an asset to the adjacent wetland area. The applicant has made an attempt to save this tree by jogging the adjacent retaining wall around the base of the tree. This plan has been reviewed by the project arborist, and according to the arborist, the tree will not be significantly impacted by the construction. Site Drainage Historically, the site drains toward the La Linia Road frontage where the riparian and wetland vegetation currently exists. The project is designed to direct a majority of the site -generated flows to the cul-de-sac and out to the EI Corte right-of-way. Historic flows ITEM NUMBER: 6 DATE: 12-19-06 from the neighboring parcels located up -hill from the proposed development will be captured in a basin at the north-west corner of the project site and conveyed by pipe to the existing drainage way. Wastewater Sanitary sewer will be connected to existing sewer facilities in EI Corte Road. Fiscal Impact Based on findings from the Taussig Study, revenue from new residential development including property tax revenues, vehicle licensing fees, sales taxes, and other revenues are insufficient to cover the maintenance and emergency services costs of new development. Based on the revenue projections from the Taussig Study, the City has developed standard conditions of approval for new development projects that require the cost of maintenance and emergency services to be funded by the project through a combination of road assessment districts, landscape and lighting districts and community facilities districts (Conditions CUP 18 and 19/ TTM 8 and 9). Inclusionary and Workforce Housing The City Council has implemented an interim Inclusionary Affordable Housing Program to include a fixed percentage of units within residential developments that require a legislative approval to be reserved as deed restricted affordable units or for an in -lieu fee to be paid. The current policy offers an exemption for projects complying with the requirements of the State Density Bonus program. The project is conditioned to deed restrict one unit at the low-income rate consistent with the provisions of the State Density Bonus Program (Condition CUP 13, 14/TTM 11, 12). Project Benefits One of the required findings for approval of a planned development rezone is the project must "offer certain redeeming features to compensate for the requested modification". The table shown below outlines the Council policy on Planned Development benefits. In order to approve this project, the Planning Commission must find that the project offers all of the tier 1 benefits to qualify for a Planned Development project. PD Location Tier 1 Benefits Tier 2 Benefits Inside of Urban Core a) Affordable / Workforce Housing a) Pocket Parks in larger projects b) High Quality Architectural Design b) Trails /Walkways for Pedestrian PD 25 c) High Quality Landscape Design Connectivity d) Buffering between Urban and c) Historic Preservation Suburban zones (large lot sizes, increased setbacks, landscape buffers, etc.) e) Higher density to meet Housing Element goals Tentative Tract Map ITEM NUMBER: 6 DATE: 12-19-06 A ten -lot Tentative Tract Map (TTM 2006-0082) is proposed as part of the project consistent with the proposed Master Plan of Development and proposed PD -17 Overlay Zone. The Tract Map has been conditioned by staff and the City Engineer to meet all City standards including on- and off-site street improvements. The applicant will be required to record CC&R's with the map that will include maintenance and access of common areas (Condition CUP 20/TTM 10). General Plan Consistency The proposed project is consistent with the following General Plan Land Use and Housing Element Policies: Land Use Policy 1.1: "Preserve the rural atmosphere of the community and assure "elbow room" in areas designed for lower density development by guiding new development into the Urban Core to conform to the historic Colony land use patterns of the City and to respect the natural environment, hillside area and existing neighborhoods". 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." In staff's opinion the proposed project is consistent with the above identified goals and policies of the Land Use Element and the Housing Element. The project will provide ten single-family residential units within the single-family residential zone. As conditioned, the project meets the minimum requirements of the Zoning Ordinance and General Plan. Findings Planned Development Overlay As specified in the City's General Plan and Zoning Ordinance, the following specific findings for the proposed Zone Change shall be made in order to approve the proposed project: 1. The proposed Zone Change is in conformance with the adopted General Plan goals, policies, and programs and the overall intent of the General Plan. ITEM NUMBER: 6 DATE: 12-19-06 2. The proposed Zone Change is compatible with existing development, neighborhoods and the environment. 3. The proposed Zone Change will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 4. The proposed Zone Change is consistent with the project -specific Mitigated Negative Declaration. Conditional Use Permit (Master Plan of Developmen A Master Plan of Development is required for the Planned Development in the form of a Conditional Use Permit. The proposed Master Plan of Development sets development standards related to architectural design, site design, landscape, signage, and specific development standards required by the zoning ordinance. The Planning Commission must make the following five findings to recommend approval of the proposed Master Plan of Development: 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 and 1.1.7. 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, with the exceptions noted for the State Density Bonus provisions. 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 development will not be detrimental to the general public or working person's 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 proposed project is compatible with the surrounding neighborhood. ITEM NUMBER: 6 DATE: 12-19-06 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 and as proposed by the applicant. Tree Removals 1. The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: ■ Early consultation with the City. ■ Consideration of practical design alternatives. ■ Provision of cost comparisons (from applicant) for practical design alternatives. ■ If saving tree eliminates all reasonable uses of the property. ■ If saving the tree requires the removal of more desirable trees. Proposed Environmental Determination A Draft Mitigated Negative Declaration was circulated to public agencies and interested members of the public on October 9, 2006. The Environmental Analysis identified concerns regarding potential impacts to aesthetics, land use and planning, noise, biological resources, and traffic. Mitigation measures pertaining to these resources 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. Conclusion In staff's opinion, the proposed development meets the minimum requirements of the General Plan and all applicable provisions of the Zoning Ordinance with exceptions noted in accordance with the State Density Bonus program. Mitigation measures have been incorporated into the project related to impacts to existing native and riparian vegetation. As analyzed within the project Initial Study and Draft Mitigated Negative Declaration, the proposed Master Plan of Development would have no significant environmental impacts and will not be detrimental to the general public or working persons health, safety, or welfare. Based on staff's analysis in the preceding sections, it appears all of the required findings for project approval can be made. ITEM NUMBER: 6 DATE: 12-19-(16 ALTERNATIVES 1. The Commission may recommend modifications to the project and/or conditions of approval for the project to the City council. 2. The Commission may determine more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information 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 Multi -family. The Commission should specify the reasons for denial of the project and recommend an associated finding with such action. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1: Location, General Plan, and Zoning Map Attachment 2: Proposed Mitigated Negative Declaration and Initial Study Attachment 3: Draft Resolution 2006-0112 Attachment 4: Draft Resolution 2006-0113 Attachment 5: Draft Resolution 2006-0114 Attachment 6: Draft Resolution 2006-0115 Attachment 1: Location Map, General Plan and Zoning y X'\ 8570 El Corte I 11 ITEM NUMBER: 6 DATE: 17_1a_na Existing: General Plan Designation — Single -Family Residential — X Zoning District — Residential Single -Family — X Proposed: General Plan Designation — Single -Family Residential — X Zoning District — Residential Single -Family — X / PD -17 ITEM NUMBER DATE: 12-19-06 Attachment 2: Proposed Mitigated Negative Declaration and Initial Study See Following ITEM NUMBER: 6 DATE: 12-19-06 ATTACHMENT 3: Draft Resolution PC 2006-0112 Approval of Draft Mitigated Negative Declaration DRAFT RESOLUTION PC 2006-0112 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL CERTIFY PROPOSED MITIGATED NEGATIVE DECLARATION 2006-0031 PREPARED FOR PLN 2099-0795 ON APN 030-421-005 (8570 El Corte Road /Eddings) WHEREAS, an application has been received from Royce Eddings (10780 Vista Rd, Atascadero, CA 93422) Applicant and Property Owner, to consider a project consisting of a Zone Change from RSF-X (Residential Single -family -X) to RSF-X/PD 17 (Residential Single - Family -X with a Planned Development Overlay 17) with corresponding Master Plan of Development and Vesting Tentative Tract Map located at 8570 El Corte Road, (APN 030-421- 005); and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2006-0031 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, WHEREAS, the Planning Commission has determined that the project will have no significant impacts with project specific mitigation measures incorporated; and, NOW THEREFORE, the Planning Commission of the City of Atascadero, hereby resolves to recommend that the City Council certify Proposed Mitigated Negative Declaration 2006-0031 based on the following Findings, and as shown in Exhibit A: 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; and, ITEM NUMBER: 6 DATE: v 2_i a_na 4. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, 5. The project does not have impacts which are individually limited, but cumulatively considerable; and, 6. The project will not cause substantial adverse effects on human beings either directly or indirectly; and, 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: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER DATE: 12-19-06 Exhibit A Proposed Mitigated Negative Declaration 2006-0031 See Following ITEM NUMBER: 6 DATE: 12-19-06 ATTACHMENT 4: Draft Resolution PC 2006-0113 Approval of Proposed Zoning Map Change DRAFT RESOLUTION PC 2006-0113 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2006-0112, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 030-421-005 FROM RSF-X (RESIDENTIAL SINGLE-FAMILY — X) TO RSF-X /PD -17 (RESIDENTIAL SINGLE-FAMILY — X/ PLANNED DEVELOPMENT OVERLAY #17) (8570 El Corte Road/ Eddings) WHEREAS, an application has been received from Royce Eddings (10780 Vista Rd, Atascadero, CA 93422) Applicant and Property Owner, to consider a project consisting of a Zone Change from RSF-X (Residential Single -family -X) to RSF-X/PD 17 (Residential Single - Family -X with a Planned Development Overlay 17) with corresponding Master Plan of Development and Vesting Tentative Tract Map located at 8570 El Corte Road, (APN 030-421- 005); and, WHEREAS, the site's General Plan Designation is SFR -X (Single -Family Residential - X); and, WHEREAS, the site's current zoning district is RSF-X (Residential Single -family -X); and, WHEREAS, the Atascadero Municipal Code allows for a Planned Development to be established in the RSF-X zoning district allowing a maximum of 4 dwelling units per acre; and, WHEREAS, the approval of this project includes the granting of a density bonus in accordance with the State Density Bonus regulations; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0031 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 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, ITEM NUMBER: 6 DATE: 12-19-n6 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 2006-0112, 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 Approval of a Zone Change to the Official Zoning Map of Atascadero Changing the existing site zoning to RSF-X/ PD -17. 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. The proposed project offers certain redeeming features to compensate for the requested zone change. 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: Location Map/Zone Map Amendment Diagram ITEM NUMBER: 6 DATE: 12-19-06 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: ABSTAIN: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER DATE: 12-19-06 Exhibit A: Location Map/Zone Map Amendment Diagram Existing: General Plan Designation — Single -Family Residential — X Zoning District — Residential Single -Family — X Proposed: General Plan Designation — Single -Family Residential — X Zoning District — Residential Single -Family — X / PD -17 ATTACHMENT 5: Draft Resolution PC 2006-0114 Approval of Proposed Master Plan of Development (CUP) DRAFT RESOLUTION PC 2006-0114 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2006-0178 (MASTER PLAN OF DEVELOPEMNT) ON APN 030-421-005 (El Corte/Eddings) WHEREAS, an application has been received from Royce Eddings (10780 Vista Rd, Atascadero, CA 93422) Applicant and Property Owner, to consider a project consisting of a Zone Change from RSF-X (Residential Single -family -X) to RSF-X/PD17 (Residential Single - Family -X with a Planned Development Overlay 17) with corresponding Master Plan of Development and Vesting Tentative Tract Map located at 8570 El Corte Road, (APN 030-421- 005); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from RSF-X (Residential Single -Family -X) to RSF-X with PD17 (Residential Single -Family -X with a Planned Development Overlay 17); and, WHEREAS, the Planned Development #17 Overlay Zone requires the adoption of a Master Plan of Development, approved in the form of a Conditional Use Permit; and, WHEREAS, the approval of this project includes the granting of a density bonus in accordance with the State Density Bonus regulations; and, WHEREAS, the applicant has requested the following concessions be made in accordance with the State Density bonus program: 1) reduction in minimum lot size and frontage, 2) reduction in lot coverage, 3) modification in garage setback; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0031 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 Master Plan of Development; 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 Conditional Use Permit 2006-0178 (Master Plan of Development), 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 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 provisions of the PD -17 Overlay Zone with the exception of specific concessions made in accordance with the State Density bonus program; 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. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. 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 Master Plan 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; and 7. Benefits derived from the Master Plan of Development and PD overlay zone cannot be reasonably achieved through existing development standards or processing requirements; and, SECTION 2. Findings for Approval of Tree Removal. The Planning Commission finds as follows: 1. 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; ■ 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 2006-0178 (Master Plan of Development) and Tree Removal Permit subject to the following: EXHIBIT A: Conditions of approval / Mitigation Monitoring Program EXHIBIT B: Master Plan of Development / Site Plan / Grading Plan EXHIBIT C: Lot 2 — Floor Plan EXHIBIT D: Lot 2 — Elevations EXHIBIT E: Lot 5 — Floor Plan EXHIBIT F: Lot 5 - Elevations EXHIBIT G: Lot 6 — Floor Plan EXHIBIT H: Lot 6 - Elevations EXHIBIT I: Lot 9 — Floor Plan EXHIBIT J: Lot 9 - Elevations EXHIBIT K: Lot 1 — Floor Plan EXHIBIT L: Lot 1 - Elevations EXHIBIT M: Lot 10 —Floor Plan EXHIBIT N: Lot 10 - Elevations EXHIBIT O: Lot 3 — Floor Plan EXHIBIT P: Lot 3 - Elevations EXHIBIT Q: Lot 4 — Floor Plan EXHIBIT R: Lot 4 - Elevations EXHIBIT S: Lot 7 — Floor Plan EXHIBIT T: Lot 7 - Elevations EXHIBIT U: Lot 8 — Floor Plan EXHIBIT V: Lot 8 - Elevations EXHIBIT W: Tree Survey EXHIBIT X: Utility Plan EXHIBIT Y: Landscape Plan 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: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program Planned Development -17 /PLN 2099-0795 Conditions of Approval / Timing Responsibili Mitigati Mitigation Monitoring Program ty on /Monitoring Measur 8570 EI Corte Road BL: Business License PS: Planning Services BS: Building Services e GP: Grading Permit BP: Building Permit FD: Fire Department PLN 2099-0795 FI: Final Inspection T0: Temporary PD: Police Department City Engineer Occupancy W Wastewater CA: City Attorney CA: F0: Final Occupancy Planning Services 1. The approval of this zone change and use permit shall become final and effective FM PS following City Council approval. 2. The approval of this use permit shall become final and effective for the purposes of FM PS issuing building permits thirty (30) days following the City Council approval of ZCH 2006- 0112 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority to approve the BP/FM PS, CE 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. 4. Approval of this Conditional Use Permit shall be valid for twelve (12) months after its BP / FM PS effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 5. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its Ongoing PS 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 with the BP/FM PS, CE Master Plan of Development contained herein. 7. All exterior elevations, finish materials and colors shall be consistent with the Master Plan BP PS of Development as shown in EXHIBIT C through V with the following modifications: • All exterior material finishes (siding, trim, doors, windows, light fixtures, garage doors) shall be durable, high quality, and consistent with the architectural appearance. ■ Windows shall be gridded on all four elevations. ■ Roofs shall be architectural grade dimensional shingles. ■ Exterior stucco shall be smooth finish or similar. No machine finishes will be permitted. 8. All site development shall comply with the standards of the Planned Development 17 BP PS, BS Overlay District. Conditions of Approval / Timing Responsibili Mitigati Mitigation Monitoring Program ty on /Monitoring Measur 8570 EI Corte Road BL: Business License PS: Planning Services BS: Building Services e GP: Grading Permit BP: Building Permit FD: Fire Department PLN 2099-0795 FI: Final Inspection T0: Temporary PD: Police Department CE: City Engineer Occupancy CA: Wastewater CA: City Attorney F0: Final Occupancy ■ All site work, grading, and site improvements shall be consistent with the Master Plan BP/FM PS, BS, CE of Development as shown in EXHIBIT B X, and Y. 9. All project fencing shall be installed consistent with EXHIBIT B and Y subject to the GP/BP PS following modifications: ■ Fencing material and treatment shall comply with the PD 17 standards. • Final fence location shall be subject to staff approval. ■ No fencing shall cross the creek channel nor shall be placed in any way which restricts flow. ■ Fencing adjacent to the open space easement shall be transparent in nature. 10. Final selection of colors and materials shall be subject to staff approval. GP/BP PS 11. A final landscape and irrigation plan shall be approved prior to the issuance of building permits and included as part of site improvement plan consistent with EXHIBIT Y, and as follows: ■ All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. ■ All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site. ■ Final tree list shall be submitted with building permits, subject to staff approval. ■ Street and open space trees shall be minimum 15 -gallon size and double staked. ■ Front yard areas shall be landscaped with drought tolerant species, subject to staff approval. 12. The developer and/or subsequent owner shall assume responsibility for the continued maintenance of all landscape and common areas, consistent with EXHIBIT B and Y. 13. Affordable Housing Requirement: The applicant shall comply with the State Density GP/BP PS, CA Bonus provisions for affordable housing. One residential unit shall be deed restricted for 30 -years at the very -low-income rate, or two units shall be deed restricted for 30 -years at the low-income rate. 14. Workforce Housing: Prior to recordation of final map, the applicant shall enter into a legal BP PS, CA agreement with the City to reserve Y2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Conditions of Approval / Timing Responsibili Mitigati Mitigation Monitoring Program ty on /Monitoring Measur 8570 EI Corte Road BL: Business License PS: Planning Services BS: Building Services e GP: Grading Permit BP: Building Permit FD: Fire Department PLN 2099-0795 FI: Final Inspection T0: Temporary PD: Police Department CE: City Engineer Occupancy CA: Wastewater CA: City Attorney F0: Final Occupancy Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; • The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved; and ■ The City Attorney shall approve the final form of the agreement. 15. A Tree Protection Plan shall be submitted with subsequent building permits for GP/BP PS encroachment within the drip line of native trees located on the subject parcel and any adjacent properties. The applicant will contract with a certified arborist to monitor all activity within the drip lines of existing native oak trees and the existing riparian vegetation. 16. The applicant shall contract with an arborist to monitor the construction of the retaining wall adjacent to the riparian cottonwood tree. A mitigation deposit will be required for the cottonwood tree to be in effect a minimum of 2 years after the date of construction. 17. An address marker to include address for all units shall be located at the public street GP/BP PS access point. The address marker shall be compatible with the project architecture. 18. The emergency services and facility maintenance costs listed below shall be 100% BP PS 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. 19. All tract maintenance costs listed below shall be 100% funded by the project in perpetuity. BP PS The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance Conditions of Approval / Timing Responsibili Mitigati Mitigation Monitoring Program ty on /Monitoring Measur 8570 EI Corte Road BL: Business License PS: Planning Services BS: Building Services e GP: Grading Permit BP: Building Permit FD: Fire Department PLN 2099-0795 FI: Final Inspection T0: Temporary PD: Police Department CE: City Engineer Occupancy CA: Wastewater CA: City Attorney F0: Final Occupancy activities, shall be the responsibility of the Home Owners Association. a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. b) All parks, trails, recreational facilities and like facilities. c) All open space and native tree preservation areas. d) All drainage facilities and detention basins. e) All creeks, flood plains, floodways, wetlands, and riparian habitat areas. f) All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. g) All frontage landscaping and sidewalks along arterial streets 20. Prior to final map, the applicant shall submit CC&Rs for review and approval by the BP PS, BS Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping in perpetuity. b) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. c) Residents shall keep all trash receptacles within the unit's designated trash storage area. d) Garages shall be maintained and used for vehicle parking. e) No boats, RV's or other type of recreation vehicle may occupy a guest or resident parking space, including within an individual 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. 21. Approval of this permit shall include the removal of 9 Native Trees. The applicant shall be BP PS, BS required to pay mitigation fees or provide replantings on-site per the requirements of the Atascadero Native Tree Ordinance. Any additional removals shall be subject to Planning Commission approval. ■ A mitigation deposit shall be collected for the native oak tree adjacent to the driveway. The applicant may submit written documentation that the tree remains in good health no sooner than 1 -year after final of the project to receive a full refund of the deposit. Conditions of Approval / Timing Responsibili Mitigati Mitigation Monitoring Program ty on /Monitoring Measur 8570 EI Corte Road BL: Business License PS: Planning Services BS: Building Services e GP: Grading Permit BP: Building Permit FD: Fire Department PLN 2099-0795 FI: Final Inspection T0: Temporary PD: Police Department CE: City Engineer Occupancy CA: Wastewater CA: City Attorney F0: Final Occupancy 22. The applicant must provide for the repair and maintenance of on-site shared FM CE 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. City Engineer Project Conditions 24. The public walkway between Bella Casa Court and La Linia Road shall be contained FM CE within a public access easement. 25. Bella Casa Court shall be located within a public access easement. FM CE City Engineer Standard Conditions 26. In the event that the applicant bonds for the public improvements required as a condition GP, BP CE 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 and approval by the GP, BP CE City Engineer to determine the amount of the bond. 28. The Subdivision Improvement Agreement shall record concurrently with the Final Map. FM CE 29. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to the property GP, BP CE frontage. 30. The applicant shall acquire title interest in any off-site land that may be required to allow GP, BP CE 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. 31. Slope easements shall be obtained by the applicant as needed to accommodate cut or fill GP, BP CE slopes. 32. Drainage easements shall be obtained by the applicant as needed to accommodate both GP, BP CE public and private drainage facilities. 33. A preliminary subdivision guarantee shall be submitted for review in conjunction with the FM CE processing of the tract map. Conditions of Approval / Timing Responsibili Mitigati Mitigation Monitoring Program ty on /Monitoring Measur 8570 EI Corte Road BL: Business License PS: Planning Services BS: Building Services e GP: Grading Permit BP: Building Permit FD: Fire Department PLN 2099-0795 FI: Final Inspection T0: Temporary PD: Police Department CE: City Engineer Occupancy CA: Wastewater CA: City Attorney F0: Final Occupancy 34. The final map shall be signed by the City Engineer prior to the map being placed on the FM CE agenda for City Council acceptance. 35. Prior to recording the tract map, the applicant shall pay all outstanding plan FM CE check/inspection fees. 36. Prior to recording the map, the applicant shall bond for or complete all improvements FM CE required by these conditions of approval. 37. Prior to recording the tract map, the applicant shall bond for or set monuments at all new FM CE 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 drawn in substantial FM CE 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 easements are to be FM CE 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 reviewed by all FM CE 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. 41. Prior to the issuance of building permits the applicant shall submit plans and supporting GP, BP CE 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. Closed conduits shall GP, BP CE 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. Provide for the detention and metering out of developed storm runoff so that it is equal to GP, BP CE or less than undeveloped storm runoff. 44. Drainage basins shall be designed to desilt, detain and meter storm flows as well as GP, BP CE release them to natural runoff locations. 45. Show the method of dispersal at all pipe outlets. Include specifications for size & type of GP, BP CE rip rap. Conditions of Approval / Timing Responsibili Mitigati Mitigation Monitoring Program ty on /Monitoring Measur 8570 EI Corte Road BL: Business License PS: Planning Services BS: Building Services e GP: Grading Permit BP: Building Permit FD: Fire Department PLN 2099-0795 FI: Final Inspection T0: Temporary PD: Police Department CE: City Engineer Occupancy CA: Wastewater CA: City Attorney F0: Final Occupancy 46. Concentrated drainage from off-site areas shall be conveyed across the project site in GP, BP CE 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. 47. Applicant shall submit erosion control plans and a Storm Water Pollution Prevention Plan GP, BP CE (SWPPP). The Regional Water Quality Control Board shall approve the SWPPP. 48. All public improvements shall be constructed in conformance with the City of Atascadero GP, BP CE Engineering Department Standard Specifications and Drawings or as directed by the City Engineer 49. The on-site streets shall be improved consistent with the Tentative Tract Map. GP, BP CE 50. Off-site streets shall be improved consistent with the Tentative Tract Map. GP, BP CE 51. Alignment of frontage improvements shall be approved by the City Engineer. GP, BP CE 52. A mechanism to provide for the funding of maintenance for lighting, street improvements, GP, BP CE special paving surfaces, sewer, storm drain, common area landscape, open space, and hardscape shall be provided. 53. All utilities shall be undergrounded on project frontage GP, BP CE 54. A mechanism must be provided to fund the maintenance of all sewer mains throughout GP, BP CE the project area. The developer shall establish a benefit maintenance assessment district, or similar funding mechanism, approved by the City, to provide sufficient funds, on an annual basis, to pay for the maintenance activities on the sewer mainline and related facilities within the project area. 55. All onsite sewer mains shall be privately owned and maintained. FM CE 56. Prior to recording the final map, provisions for the repair and maintenance of the private FM CE SS shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private sewer and structures, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. 57. Applicant shall pay sewer extension (Annexation), Connection and Reimbursement fees BP CE (if applicable) upon issuance of building permit. 58. Gravity mains within the subdivision shall be eight (8) inches in diameter. BP CE 59. Drainage piping serving fixtures which have flood level rims located below the elevation of BP CE 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. Conditions of Approval / Timing Responsibili Mitigati Mitigation Monitoring Program ty on /Monitoring Measur 8570 EI Corte Road BL: Business License PS: Planning Services BS: Building Services e GP: Grading Permit BP: Building Permit FD: Fire Department PLN 2099-0795 FI: Final Inspection T0: Temporary PD: Police Department CE: City Engineer Occupancy CA: Wastewater CA: City Attorney F0: Final Occupancy 60. All sanitary sewer (SS) mains shall terminate in manholes unless extension of the main, at BP CE some later date, is anticipated. If extension of a SS main is anticipated, said SS main may terminate in a cleanout providing the next downstream manhole is less than 300 linear feet from the cleanout and that the point of termination is not a reasonable location for a SS main angle point or intersection. Atascadero Mutual Water Company 61. Before the issuance of building permits, the applicant shall submit plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All 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. 62. Before issuance of building permits, the applicant shall obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. Mitigation Measures Mitigation Measure 3.b.1: The project shall be conditioned to comply with all applicable BP BS 3.b.1 District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. ■ 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 Conditions of Approval / Timing Responsibili Mitigati Mitigation Monitoring Program ty on /Monitoring Measur 8570 EI Corte Road BL: Business License PS: Planning Services BS: Building Services e GP: Grading Permit BP: Building Permit FD: Fire Department PLN 2099-0795 FI: Final Inspection T0: Temporary PD: Police Department CE: City Engineer Occupancy CA: Wastewater CA: City Attorney F0: Final Occupancy following dust mitigation measures are initiated at the start and maintained throughout the duration of the construction or grading activity: (A) Construction vehicle speed at the work site must be limited to fifteen(15) miles per hour or less; (B) 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; (C) Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; (D) 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; (E) Equipment must be washed down before moving from the property onto a paved public road; and (F) 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. Mitigation Measure 3.b.2: Naturally Occurring Asbestos (NOA) has been identified by the BP PS 3.b.1 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. Mitigation Measure 4.e.1: The Grading Plan shall identify tree protection fencing around BP PS 4.e.1 the dripline, or as recommended by the project arborist, of each existing on-site or off-site native tree. Conditions of Approval / Timing Responsibili Mitigati Mitigation Monitoring Program ty on /Monitoring Measur 8570 EI Corte Road BL: Business License PS: Planning Services BS: Building Services e GP: Grading Permit BP: Building Permit FD: Fire Department PLN 2099-0795 FI: Final Inspection T0: Temporary PD: Police Department CE: City Engineer Occupancy CA: Wastewater CA: City Attorney F0: Final Occupancy Mitigation Measure 4.e.2: Grading and excavation and grading work shall be consistent GP PS 4.e.2 with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within 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. Conditions of Approval / Timing Responsibili Mitigati Mitigation Monitoring Program ty on /Monitoring Measur 8570 EI Corte Road BL: Business License PS: Planning Services BS: Building Services e GP: Grading Permit BP: Building Permit FD: Fire Department PLN 2099-0795 FI: Final Inspection T0: Temporary PD: Police Department CE: City Engineer Occupancy CA: Wastewater CA: City Attorney F0: Final Occupancy Mitigation Measure 4.e.3: The developer shall contract with a certified arborist during all GP PS 4.e.3 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 a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist. ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of 1/4 inch granite covered with one -inch pea gravel for screeding or concrete with wells designed for water and air penetration to the rootzone. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one -foot by one -foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 4.e.4: Stem wall construction shall be implemented for the rear units to avoid impacts to native trees and minimize grading. Mitigation Measure 5.a.1: Any exterior building modifications or site plan changes not represented in the proposed project that could occur during the Building Permit application process or during construction shall be consistent with the Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines for Rehabilitating Historic Buildings and shall meet the provisions of CEQA -Section 15064.5, as approved by Planning Staff. Conditions of Approval / Timing Responsibili Mitigati Mitigation Monitoring Program ty on /Monitoring Measur 8570 EI Corte Road BL: Business License PS: Planning Services BS: Building Services e GP: Grading Permit BP: Building Permit FD: Fire Department PLN 2099-0795 FI: Final Inspection T0: Temporary PD: Police Department CE: City Engineer Occupancy CA: Wastewater CA: City Attorney F0: Final Occupancy Mitigation Measure 5.a.2: Decorative pavers or concrete shall be utilized for the construction of the shared driveway. The existing gravel driveway shall be removed and the front yard shall be landscaped with native drought tolerant species. Mitigation Measure 5.a.3: The proposed garage for the existing home shall be designed to be consistent with the architecture and style of the historic home. Mitigation Measure 6.b: The grading permit application plans shall include erosion control GP CE 6.b measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. Mitigation Measure 6.c.d: A soils report shall be required to be submitted with a future GP BS 6.c.d building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that all contractors BP CE 8.0 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 work orders. Mitigation Measure 11.d: All construction activities shall comply with the City of Atascadero Ongoing BS/PS 11A Noise Ordinance for hours of operation. EXHIBIT B: Master Plan of Development/Site Plan / Grading Plan EXHIBIT C: Lot 2 - Floor Plan {{ ! !11 EI Corta Project 1 4 i t jji 1 t t i 1� if S 2 Plan A Lot r ri [ , EXHIBIT D: Lot 2 - Elevations EXHIBIT E: Lot 5 - Floor Plan r r !!!illi I IRISH li11lil I ! f s � L _ ¢B i� ■p■p sp l E } } $ ; Sella Casa Projet+t Plan A Loi 5I`all i 7 i[p ll� IBIg 'fl r r !!!illi li11lil EXHIBIT F: Lot 5 - elevations EXHIBIT G: Lot 6 - Floor Plan EXHIBIT H: Lot 6 - Elevations EXHIBIT 1: Lot 9 - Floor oman B || aael ] �.AU, u. ¥ `« |& A� EXHIBIT J: Lot 9 - Elevations EXHIBIT K: Lot 1 - Floor Plan I The BellaaCasaB Lo[ 1 ;nl Project Pfn I : EXHIBIT L: Lot 1 - Elevations I$: i The Bella Casa Project I � , [!a11 1 Plan 5 Lot 1 ; { it i +� pip ^ EXHIBIT M: Lot 10 - Floor Plan rllu I keel rr v tz 31 11 1 1 I1i1 +� p 111hill The Bella Casa Project s I'i�s' l iElI j! Plan 8 Lct14 EXHIBIT N: Lot 10 - Elevations EXHIBIT O: Lot 3 - Floor Plan I- ,, `'�"its n t 1 The Bella Casa Project (� W 1 1 Plan C Lot 3 EXHIBIT P: Lot 3 - Elevations r frRY rr � iiiii: .eiis`is[i, JYY Y YL i..Y.S• Y=.YRYi.YI� ..iili,YbliRryRl �.14.iI�.Y.M� l• YlY E. •�! `.........� eYl�.lYiYil �f ��....[. � [,i[Y�I�YYYi fR.11 EY YY YY ri�ii�l�lY ...... o-Yrnl F... f [...[. �}}fR}ffR}l �: ■itafr ..Y.r d.R.Yr. Ii...'i�iliaYf' '. �.��. if�}f}}� [rrrr rr its Fi � i'u� � ri�•Rr i rr 1. [si�ai�l, •yY ITl1ld� riwa I I u MV l�f Ylf9i RI�..sA� [YYfr4. •Y ...s i.... irr[ �l.}.}R1! •[yii YYif � � .R fi I_ I IR Alit �i9t4i ilii}»}✓:i _ —_ YIYY.�t� •RY �Y. - 1 6r>rli ! IYr I�-�I fY 1Ry EXHIBIT Q: Lot 4 - Floor Plan I i I� ,E A ii The Bella Casa Project E ,�i f p +# ' sl{,I!}i I+;•Ifi }i 1 Plan C Lot 4It i-+ ... tit II�11 Q I ■ 1!11111' � �l111111� al i EXHIBIT R: Lot 4 - Elevations I The Sella Casa Project I I 11il 'I [I,, � 1! 1, 11 , 4�- i I I I I ji f H 1 k, . Plan C Lot 4 if J if If ;z �, i1i [ 11 i 19 wei"I EXHIBIT S: Lot 7 - Floor Plan � e � f 3 litp t � i -I ri ks i!�i !�• E! ! The Bella Casa Project [ f Plan C Lot 7 �q i 13i °I `-{ I.NO EXHIBIT tLot 7 -Elevations .es, � \ y ........... | |� ... B k . bb pvpppp b.b ��■ 2 -- \ . .�. 92 ;MGM EXHIBIT U: Lot 8 — Floor plan r' x 77 l HR a t A .......... I _ 1411,11 Jill £ I� d �lEllt li,�.l°E ` The Bella Casa Project Will €�a Plan C Lot 8 EXHIBIT V: Lot 8 - Elevations +.r}iial 1��T�r YY- l� ■`■1 L+y�■■+ ■ � ;Terri. ` i.. !r...`Yaii. -Yfik■Y - ■Y: ........ r °■Y[■> ■ is RI.... I.... Y i ■. }r} aiii.�lYl ��}iPP ■RIYIYYrrI I 1Yr L Yf• •Yiiii a ■■ ■ ra ......... ■�'f Y ��— Yi■i �i �:i w ' - IrifTPirrfl � !i■r�!!I 1 ri ■r i it �f til}lid] IIYr YrY+r YYi. +■ r ■rRrY aR' rrrrrrrru 's I'I=i: iiisiii■'iii ::ii: uYAu {: w■■r� I�F>•� •"iriTiY't� t!r .'vin NN� SII ._��J I!■YUY Yn �i iYA� [�1 f{f{f{ - � ■ Y • iiPrkl+r+] �T�IYfYv - Pilili�i t1�l�'e � it Al��yY ��■�f .�� ■il�ll �1�iY■Y1Yi . ^IYYI • 1 , 111 ■114+++r Y{ �'rY+Yfl MG® + EXHIBIT W: Tree Survey EL CORTE ROAD EXHIBIT X: Utility Plan i 1 'tr i :ib e E4 Z.I I lit, - ---- -- - -- .--------------------- - - - - -- . - - -- -' EC COME ROAD 9 EXHIBIT Y: Landscape Plan _ y L i([: t s! !"�i d' :: s+ li�i'li�ir a � � � �• ! fillIRS t ,) `fi!f1!t} }}r}�il}i!,;I 11'�E i•) ;f !iii 111 1 i� I! i ifll'i !fl }t6��'_iis .! .1 �! } ! t 1 i i' }ft i ii i 1 if t I" t ! ,1 .t ! ,� F, f)' It if i{,) i)}f! , i q{t� ;,ff l f 111 fill, }11111}i }#� 1 �; 8111 0 (D®O4pC? on �00 I I EL COKTE ROAD ' Z a J CL n a W U 2 O U W a a U 0 Z a J ATTACHMENT 6: Draft Resolution PC 2006-0115 Approval of Proposed Vesting Tentative Tract Map DRAFT RESOLUTION PC 2006-0115 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE TRACT MAP 2006- 00829 A TEN LOT SUBDIVISION CONSISTENT WITH A MASTER PLAN OF DEVELOPMENT ON APN 030-421-005 (El Corte/Eddings) WHEREAS, an application has been received from Royce Eddings (10780 Vista Rd, Atascadero, CA 93422) Applicant and Property Owner, to consider a project consisting of a Zone Change from RSF-X (Residential Single -family -X) to RSF-X/PD17 (Residential Single - Family -X with a Planned Development Overlay 17) with corresponding Master Plan of Development and Vesting Tentative Tract Map located at 8570 El Corte Road, (APN 030-421- 005); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from RMF -10 (Residential Multi -Family -10) to RSF-X/PD 17 (Residential Single- Family-X/Planned Development Overlay 17); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0031 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Tract Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on December 19, 2006 studied and considered Tentative Tract Map 2006- 0082, 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 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, including provisions of the PD -17 overlay district. 2. The proposed subdivision, as conditioned, is consistent with the Master Plan of Development (CUP 2006-0178). 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. Covenants, Conditions and Restrictions (CC&R's) or equivalent shall be required that incorporate the Master Plan of Development conditions of approval to ensure that the site retains the proposed qualities (architecture, colors, materials, plan amenities, fencing, and landscaping) over time. 8. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on December 19, 2006, resolved to recommend that the City Council approve Tentative Tract Map (TTM 2006-0082) subject to the following: 1. Exhibit A: Tentative Tract Map 2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program. 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: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary .xhibit A: Tentative Tract Map ---------- ------- ------ ------------------------------ I 5 Exhibit B: Conditions of Approval / Mitigation Monitoring Program Tentative Tract Map 2006-0088 Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring GP: Grading Permit El Corte BP: Building Permit SIP: Subdivision PS: Planning Services BS: Building Services Tentative Tract Map Improvement Plans FM: Final Map FD: Fire Department PD: Police Department TTM 2006-0088 T0: Temporary Occupancy CE: City Engineer WW: Wastewater FI: Final inspection F0: Final CA: City Attorney AMWC: Water Comp. Occupancy Planning Services 1. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2006-0112 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Tract Map shall be valid for two years after its FM PS effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the authority to FM PS approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The granting of this entitlement shall apply to the property located at (APN On going PS 030-421-005) regardless of owner. 5. The Final Map shall be drawn in substantial conformance with the approved FM PS tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 6. The subdivider shall defend, indemnify, and hold harmless the City of FM PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 7. The Tract Map shall be subject to additional fees for park or recreation FM PS purposes (QUIMBY Act) as required by City Ordinance. 8. The emergency services and facility maintenance costs listed below shall BP PS 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 Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring GP: Grading Permit El Corte BP: Building Permit SIP: Subdivision PS: Planning Services BS: Building Services Tentative Tract Map Improvement Plans FM: Final Map FD: Fire Department PD: Police Department TTM 2006-0088 TO: Temporary Occupancy CE: City Engineer Fl: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 9. All tract maintenance costs listed below shall be 100% funded by the project BP PS in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. ■ All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. ■ All parks, trails, recreational facilities and like facilities. ■ All open space and native tree preservation areas. ■ All drainage facilities and detention basins. ■ All creeks, flood plains, floodways, wetlands, and riparian habitat areas. ■ All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. ■ All frontage landscaping and sidewalks along arterial streets 10. Prior to final map, the applicant shall submit CC&Rs for review and approval BP PS by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping in perpetuity. b) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. c Residents shall keep all trash receptacles within the unit's Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring GP: Grading Permit El Corte BP: Building Permit SIP: Subdivision PS: Planning Services BS: Building Services Tentative Tract Map Improvement Plans FM: Final Map FD: Fire Department PD: Police Department TTM 2006-0088 TO: Temporary Occupancy CE: City Engineer WW: Wastewater Fl: Final inspection F0: Final CA: City Attorney Occupancy AMWC: Water Comp. designated trash storage area. d) Garages shall be maintained and used for vehicle parking. e) No boats, RV's or other type of recreation vehicle may occupy a guest or resident parking space, including within an individual 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. 11. Affordable Housing Requirement: The applicant shall comply with the State GP/BP PS, CA Density Bonus provisions for affordable housing. One residential unit shall be deed restricted for 30 -years at the very -low-income rate, or two units shall be deed restricted for 30 -years at the low-income rate. 12. Workforce Housing: Prior to recordation of final map, the applicant shall BP PS, CA enter into a legal agreement with the City to reserve 1/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved; and ■ The City Attorney shall approve the final form of the agreement. 13. The developer and/or subsequent owner shall assume responsibility for the Ongoing PS continued maintenance of all landscape and common areas. City Engineer Project Conditions 14. The public walkway between Bella Casa Court and La Linia Road shall FM CE be contained within a public access easement. 15. Bella Casa Court shall be located within a public access easement. FM CE Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring GP: Grading Permit El Corte BP: Building Permit SIP: Subdivision PS: Planning Services BS: Building Services Tentative Tract Map Improvement Plans FM: Final Map FD: Fire Department PD: Police Department TTM 2006-0088 TO: Temporary Occupancy CE: City Engineer Fl: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. City Engineer Standard Conditions 16. 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. 17. 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. 18. The Subdivision Improvement Agreement shall record concurrently FM CE with the Final Map. 19. A six (6) foot Public Utility Easement (PUE) shall be provided GP, BP CE contiguous to the property frontage. 20. 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. 21. Slope easements shall be obtained by the applicant as needed to GP, BP CE accommodate cut or fill slopes. 22. Drainage easements shall be obtained by the applicant as needed to GP, BP CE accommodate both public and private drainage facilities. 23. A preliminary subdivision guarantee shall be submitted for review in FM CE conjunction with the processing of the tract map. 24. 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. 25. Prior to recording the tract map, the applicant shall pay all outstanding FM CE plan check/inspection fees. 26. Prior to recording the map, the applicant shall bond for or complete all FM CE improvements required by these conditions of approval. 27. 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. 28. Prior to recording the tract map, the applicant shall submit a map FM CE drawn in substantial conformance with the approved tentative map and Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring GP: Grading Permit El Corte BP: Building Permit SIP: Subdivision PS: Planning Services BS: Building Services Tentative Tract Map Improvement Plans FM: Final Map FD: Fire Department PD: Police Department TTM 2006-0088 TO: Temporary Occupancy CE: City Engineer WW: Wastewater Fl: Final inspection F0: Final CA: City Attorney Occupancy AMWC: Water Comp. 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. 29. 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. 30. 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 parcel map. 31. 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. 32. 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. 33. Provide for the detention and metering out of developed storm runoff GP, BP CE so that it is equal to or less than undeveloped storm runoff. 34. Drainage basins shall be designed to desilt, detain and meter storm GP, BP CE flows as well as release them to natural runoff locations. 35. Show the method of dispersal at all pipe outlets. Include specifications GP, BP CE for size & type of rip rap. 36. 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. 37. Applicant shall submit erosion control plans and a Storm Water GP, BP CE Pollution Prevention Plan (SWPPP). The Regional Water Quality Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring GP: Grading Permit El Corte BP: Building Permit SIP: Subdivision PS: Planning Services BS: Building Services Tentative Tract Map Improvement Plans FM: Final Map FD: Fire Department PD: Police Department TTM 2006-0088 TO: Temporary Occupancy CE: City Engineer Fl: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. Control Board shall approve the SWPPP. 38. All public improvements shall be constructed in conformance with the GP, BP CE City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer 39. The on-site streets shall be improved consistent with the Tentative GP, BP CE Tract Map. 40. Off-site streets shall be improved consistent with the Tentative Tract GP, BP CE Map. 41. Alignment of frontage improvements shall be approved by the City GP, BP CE Engineer. 42. 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 hardscape shall be provided. 43. All utilities shall be undergrounded on project frontage GP, BP CE 44. A mechanism must be provided to fund the maintenance of all sewer GP, BP CE mains throughout the project area. The developer shall establish a benefit maintenance assessment district, or similar funding mechanism, approved by the City, to provide sufficient funds, on an annual basis, to pay for the maintenance activities on the sewer mainline and related facilities within the project area. 45. All onsite sewer mains shall be privately owned and maintained. FM CE 46. Prior to recording the final map, provisions for the repair and FM CE maintenance of the private SS shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private sewer and structures, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. 47. Applicant shall pay sewer extension (Annexation), Connection and BP CE Reimbursement fees (if applicable) upon issuance of building permit. 48. Gravity mains within the subdivision shall be eight (8) inches in BP CE diameter. 49. Drainage piping serving fixtures which have flood level rims located BP CE 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 Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring GP: Grading Permit El Corte BP: Building Permit SIP: Subdivision PS: Planning Services BS: Building Services Tentative Tract Map Improvement Plans FM: Final Map FD: Fire Department PD: Police Department TTM 2006-0088 TO: Temporary Occupancy CE: City Engineer Fl: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. backwater valve. 50. All sanitary sewer (SS) mains shall terminate in manholes unless BP CE extension of the main, at some later date, is anticipated. If extension of a SS main is anticipated, said SS main may terminate in a cleanout providing the next downstream manhole is less than 300 linear feet from the cleanout and that the point of termination is not a reasonable location for a SS main angle point or intersection. Atascadero Mutual Water Company 51. Before the issuance of building permits, the applicant shall submit plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross-connection devices shall conform to AWWA and California Department of Health Services standards. 52. Before issuance of building permits, the applicant shall obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. 53. 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. 54. The applicant shall provide AMWC with easements for those water facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. Mitigation Measures Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP BS 3.16.1 applicable District regulations pertaining to the control of fugitive dust (PM-10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. ■ 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. Conditions of Approval / Mitigation Monitoring Program El Corte Tentative Tract Map TTM 2006-0088 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy Fl: Final inspection F0: Final Occupancy Responsibili ty /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 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: (A) Construction vehicle speed at the work site must be limited to fifteen(15) miles per hour or less; (B) 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; (C) Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; (D) 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; (E) Equipment must be washed down before moving from the property onto a paved public road; and (F) 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. Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring GP: Grading Permit El Corte BP: Building Permit SIP: Subdivision PS: Planning Services BS: Building Services Tentative Tract Map Improvement Plans FM: Final Map FD: Fire Department PD: Police Department TTM 2006-0088 TO: Temporary Occupancy CE: City Engineer Fl: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. Mitigation Measure 3.b.2: Naturally Occurring Asbestos (NOA) has been BP PS 3.b.1 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. Mitigation Measure 4.e.1: The Grading Plan shall identify tree protection BP PS 4.e.1 fencing around the dripline, or as recommended by the project arborist, of each existing on-site or off-site native tree. Mitigation Measure 4.e.2: Grading and excavation and grading work shall be GP PS 4.e.2 consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within 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. Conditions of Approval / Mitigation Monitoring Program El Corte Tentative Tract Map TTM 2006-0088 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy Fl: Final inspection F0: Final Occupancy Responsibili ty /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 4.e.3: The developer shall contract with a certified GP PS 4.e.3 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 a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist. ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three- inch bed of % inch granite covered with one -inch pea gravel for screeding or concrete with wells designed for water and air penetration to the rootzone. 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. (e) 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.4: Stem wall construction shall be implemented for the rear units to avoid impacts to native trees and minimize grading. Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring GP: Grading Permit EI Corte BP: Building Permit SIP: Subdivision PS: Planning Services BS: Building Services Tentative Tract Map Improvement Plans FM: Final Map FD: Fire Department PD: Police Department TTM 2006-0088 TO: Temporary Occupancy CE: City Engineer Fl: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. Mitigation Measure 5.a.1: Any exterior building modifications or site plan changes not represented in the proposed project that could occur during the Building Permit application process or during construction shall be consistent with the Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines for Rehabilitating Historic Buildings and shall meet the provisions of CEQA -Section 15064.5, as approved by Planning Staff. Mitigation Measure 5.a.2: Decorative pavers or concrete shall be utilized for the construction of the shared driveway. The existing gravel driveway shall be removed and the front yard shall be landscaped with native drought tolerant species. Mitigation Measure 5.a.3: The proposed garage for the existing home shall be designed to be consistent with the architecture and style of the historic home. Mitigation Measure 6.b: The grading permit application plans shall include GP CE 6.b erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. Mitigation Measure 6.c.d: A soils report shall be required to be submitted GP BS 6.c.d 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. Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that all BP CE 8.e.f 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 work orders. Mitigation Measure 11.d: All construction activities shall comply with the City Ongoing BS/PS 11.d of Atascadero Noise Ordinance for hours of operation.