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Home My WebLink AboutPC_2005-01-18_AgendaPacketCITY OF ATASCADER0 PLANNING COMMISSION AGENDA Regular Meeting January 18, 2005 — 7:00 P.M. City of Atascadero Pavilion on the Lake 9315 Pismo Ave. - Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Kelley Vice Chairperson Porter Commissioner Fonzi Commissioner Jones Commissioner Peterson Commissioner Beraud Commissioner O'Keefe APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda) CONSENT CALENDAR (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 JANUARY 4, 2005. COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name and address for the record and can address the Commission for five minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 2. ZONE CHANGE 2004-0094, COMMERCIAL ZONING DISTRICTS Applicant: City of Atascadero, 6905 El Camino Real, Suite 6, Atascadero, CA 93422, Phone: 461-5000 Project Title: Zone Change 2004-0094, Zone Text Amendment Project Commercial Zoning Districts Location: 6709 Atascadero Ave, Atascadero, CA 93422 (Single Family Residence) Project The proposed project consists of an application for a Zone Text Amendment to update allowable and Description: conditionally allowed uses within Commercial Zoning Districts throughout the City, consistent with Description: the General Plan. General Plan Land Use Designation: General Commercial (GC) Zoning: Commercial Tourist (CT), Commercial Retail (CR), Commercial Neighborhood (CN), Commercial Park (CPK), Commercial Service (CS), Commercial Professional (CP) Proposed Based on the initial study prepared for the project, a Negative Declaration is proposed. The proposed Environmental Negative Declaration is available for public review at 6905 El Camino Real, Suite 6, Community Determination: Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. 2. ZONE CHANGE 2004-0086, CONDITIONAL USE PERMIT 2004-0132, TENTATIVE TRACT MAP 2004-0055, VINTAGE HOMES Applicant: Caliber Home Developments; 317 Ocean View Ave., Suite 1, Pismo Beach, CA 93449 Project Title: Vintage Homes: Zone Change 2004-0086, Conditional Use Permit 2004-0132; Tentative Tract Map 2004-0055 for a 12 -lot Planned Development Subdivision. Project 6709 Atascadero Ave, Atascadero, CA 93422 (Single Family Residence) Location: (San Luis Obispo County) APN 030-281-014, 015, 016. Project The proposed project consists of an application for a Zone Change, Conditional Use Permit, and Description: Tentative Tract Map for the construction of twelve new single-family attached homes on individual lots that will be developed under the requirements of the Planned Development Overlay District standards within the Residential Multi -Family (RMF -16) Zoning District. Each proposed residence is approximately 1,519 square feet. The project includes one home per lot each with a one -car garage and one parking space in each driveway. General Plan Designation: High Density Residential — HDR Zoning District: Residential Multiple Family— RMF -16 Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. Environmental The proposed Mitigated Negative Declaration is available for public review at 6905 El Camino Determination: Real, Suite 6, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. 4. TO BE CONTINUED TO A DATE UNCERTAIN CONDITIONAL USE PERMIT 2003-0089, TENTATIVE TRACT MAP 2004-0050, CURBARIL BUSINESS CENTER Applicant: Kelly Gearhart, 6205 Alcantara Ave., Atascadero, CA 93422, Phone: 461-7504 Project Title: Conditional Use Permit 2003-0089, Tentative Tract Map 2004-0050, Curbaril Business Center Project Curbaril Ave, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 031-161-024 Project The project consists of a Master Plan of Development for a 9 building commercial office center and Description: associated 8 -lot Tentative Tract Map. The project site currently consists of 2 parcels, one of which is vacant. Two driveways located off of Curbaril Avenue will serve the proposed project. The project includes full frontage improvements along Highway 41 (Morro Rd). 8 native trees are proposed for Proposed removal. Environmental General Plan Designation: General Commercial Determination: Zoning District: Commercial Retail / PD 3 Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The Environmental proposed Negative Declaration is available for public review at 6905 El Camino Real, Suite 6, Determination: Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. 5. CONDITIONAL USE PERMIT 2004-0144,7095 EL CAMINO REAL QUICK LUBE AND CAR WASH Applicant: Adam Scattini, Atascadero Enterprises, 2505 Theatre Drive, Paso Robles, CA 93446 Project Title: Conditional Use Permit 2004-0144, Quick Lube Facility and Drive-Thru Car Wash Project 7095 El Camino Real, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 030-081-008 Project The project consists of constructing a new 2,750 square foot 3 -bay automotive maintenance lube and oil Description: garage with an attached waiting room and drive-through car wash facility. The proposed project would include eight vehicle parking spaces and a large 58 -foot wide paved driveway to accommodate four vehicle lanes entering and exiting the facility along El Camino Real. Proposed Not determined. Environmental Determination: COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on February 1, 2005, at the Pavilion on the Lake, 9315 Pismo Avenue, 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 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 the Pavilion on the Lake, 9315 Pismo Ave., Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall Annex business hours at the Community Development counter and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-5000, or the City Clerk's Office, (805) 461-5000. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Commission regarding the matter being considered to step up to the podium. If you wish to speak for, against or comment in any way: • You must approach the podium and be recognized by the Chairperson • Give your name and address (not required) • Make your statement • All comments should be made to the Chairperson and Commission • All comments limited to 5 minutes (unless changed by the Commission) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at least 24 hours prior to the meeting. Access to hook up your laptop to the City's projector will be provided. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Chairperson before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "PUBLIC HEARINGS", the Chairperson will call for anyone from the audience having business with the Commission to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Commission's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Commission). ITEM NUMBER: 1 DATE: 1-18-05 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting January 4, 2005 — 7:00 P.M. CALL TO ORDER Chairperson Kelley called the meeting to order at 7:00 p.m. and Commissioner Jones led the Pledge of Allegiance. ROLL CALL Present: Commissioners Beraud, Fonzi, Jones, O'Keefe, Peterson, Porter and Chairperson Kelley Absent: None Staff Present: Community Development Director Warren Frace, Deputy Community Development Director Steve McHarris, Deputy Public Works Director Jeff van den Eikhof, Associate Planner Kelly Gleason, Associate Planner Kerry Margason and Recording Secretary Grace Pucci. APPROVAL OF AGENDA MOTION: By Commissioner Fonzi and seconded by Vice Chairperson Porter to approve the agenda. Motion passed 7:0 by a roll -call vote. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON DECEMBER 7. 2004. 2. ACCEPTANCE OF FINAL MAP 2004-0100: 7287 SANTA YSABEL AVE. (TPM 2004-0056) MOTION: By Commissioner Beraud and seconded by Commissioner O'Keefe to approve Items #1 and 2. Motion passed 6:0 by a roll -call vote. (Porter abstained) COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS 3. TENTATIVE PARCEL MAP 2004-0064, SINALOA CONDOS Applicant: Christopher & Jacquelyn Seaberg, 2165 Wilton Drive, Cambria, CA 93428, Phone: 927-0765 Kelly & Theresa Farris, 4680 Shadow Canyon Road, Templeton, CA 93465, Phone: 239-0389 Project Title: Sinaloa Condos, Tentative Parcel Map 2004-0064 for 3 Air Space Condominiums on 1 common lot. Project 7685 Sinaloa Avenue, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 030-131-020 Project The proposed project consists of an application for a Tentative Parcel Map to create 3 Air Space Description: Condominiums on 1 common lot. The parcel is currently developed with an existing Atascadero Colony single-family residence and 2 new homes are proposed for construction. The new homes will be approximately 1,400 square feet with attached garages of approximately 200 square feet. The existing 1,400 square foot home will remain in its present size and location with the addition of a detached 260 square foot garage. No native trees will be removed. General Plan Designation: High Density Residential (16 units/acre) Zoning District: Residential Multiple Family— RMF -16 Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The Environmental proposed Negative Declaration was available for public review from 11/9/04 through 11/29/04 at 6905 Determination: EI Camino Real, Suite 6, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Commissioner Fonzi stepped down from consideration of this item as she is acquainted with the applicant and her brother-in-law is the general contractor. Associate Planner Kerry Margason provided the staff report and answered questions of the Commission. PUBLIC COMMENT Chris Seaberg, applicant, spoke about the project and answered questions of the Commission. Chairperson Kelley closed the Public Comment period. MOTION: By Commissioner O'Keefe and seconded by Commissioner Peterson to adopt Resolution PC 2005-0001 approving Tentative Parcel Map 2004-0064, a request to establish three airspace units on one common lot, based on findings and subject to conditions. Motion passed 6:0 by a roll -call vote. Commissioner Fonzi rejoined the hearing. 4. ZONE CHANGE 2004-0094, COMMERCIAL ZONING DISTRICTS Applicant: City of Atascadero, 6905 El Camino Real, Suite 6, Atascadero, CA 93422 Phone: 461-5000 Project Title: Zone Change 2004-0094, Zone Text Amendment Project Commercial Zoning Districts Location: Project The proposed project consists of an application for a Zone Text Amendment to update allowable and Description: conditionally allowed uses within Commercial Zoning Districts throughout the City, consistent with the General Plan. General Plan Land Use Designation: General Commercial (GC) Zoning: Commercial Tourist (CT), Commercial Retail (CR), Commercial Neighborhood (CN), Commercial Park (CPK), Commercial Service (CS), Commercial Professional (CP) Proposed Based on the initial study prepared for the project, a Negative Declaration is proposed. The proposed Environmental Negative Declaration is available for public review from 12/10/04 through 12/29/04 at 6905 El Determination: Camino Real, Suite 6, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Associate Planner Kelly Gleason provided the staff report and answered questions of the Commission. A memorandum revising Resolution 2005-0002 was distributed to the Commission. (Exhibit A) PUBLIC COMMENT There was Commission discussion regarding this item and after a poll of each Commissioner it was decided to bring this item back with additional information including a map showing affected areas as well as a map showing the radius from the Lewis Avenue School in relation to the serving of alcoholic beverages. MOTION: By Commissioner Jones and seconded by Commissioner Fonzi to continue this item to January 18th at which time staff will provide the additional information as requested by the Commission. Motion passed 7:0 by a roll -call vote. COMMISSIONER COMMENTS AND REPORTS Chairperson Kelley reminded the Commissioners of the joint meeting with City Council on Thursday, 12:00 noon at the Lake Pavilion. Chairperson Kelley also inquired about development on the north east corner of Del Rio and EI Camino. Director Frace stated there were no applications pending on any of those sites. DIRECTOR'S REPORT Community Development Director Warren Frace gave a brief summary of the agenda for the joint meeting on Thursday. ADJOURNMENT Chairperson Kelley adjourned the meeting at 7:37 p.m. to the next regularly scheduled meeting of the Planning Commission on January 18, 2005. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary The following exhibit is available for review in the Community Development Department: Exhibit A — Memorandum — Revised Resolution 2005-0002 ITEM NUMBER: DATE: 1-18-05 Atascadero Planning Commission Staff Report - Community Development Department Commercial Zoning Text Amendment Zone Change 2004-0094 (City of Atascadero) SUBJECT: The proposed Zone Change consists of a Text Amendment to update uses allowed and conditionally allowed within the Commercial Zoning Districts consistent with the General Plan. RECOMMENDATION: Staff Recommends.- 1. ecommends. 1. The Planning Commission adopt Resolution PC 2005-0002, recommending that the City Council introduce an ordinance for first reading, by title only, to approve Zone Change 2004-0094 based on findings. SITUATION AND FACTS: 1. Applicant: 2. General Plan Designation 3. Zoning District 4. Environmental Status City of Atascadero Citywide, currently applies to: General Commercial (GC) Commercial Park (CPK) Service Commercial (SC) Citywide, currently applies to: Commercial Retail (CR) Commercial Tourist (CT) Commercial Park (CPK) Commercial Services (CS) Proposed Mitigated Negative Declaration 2004-0045 ITEM NUMBER: 2 DATE: 1-18-05 DISCUSSION: Background On January 4, 2005, the Planning Commission held a public hearing on the proposed Zone Text Amendment and continued the item requesting a map of the affected zoning districts and location of existing schools adjacent to such zoning districts. A map of commercial zoning districts and existing school facilities is included for review. City's General Plan, adopted in 2002, contains policies which focus on updating allowed and conditionally allowed uses within Commercial Zoning Districts. Additionally, the General Plan calls for expanding uses within the Commercial Tourist Zone, defining bars, dance halls, night clubs, and drive-through restaurants as conditionally allowed uses, and abating uses solely devoted to outdoor storage. Summary The proposed Zone Text Amendment is summarized as follows: ■ Allow Office and Retail uses to the CT Zoning District. ■ Conditionally allow Amusement Services; Bar/Tavern; and eating and drinking places with drive-through facilities to the CT Zoning District. ■ Conditionally allow drive-through services to CR, CT, CN, CP, and CPK Zoning Districts. ■ Change vehicle & equipment storage from allowed use to conditionally allowed use in the CR Zoning District. • Change storage yards from allowed use to conditionally allowed use in the CS Zoning District. ■ Add Bar/tavern; eating and drinking places with drive-through facilities; and vehicle and equipment storage to conditionally allowed uses in the CR Zoning District. ■ Add Financial services; Furniture, home furnishings, and equipment; General merchandise stores, Offices to the CT Zoning District. ■ Add Bar/tavern; eating and drinking places where areas of use are greater than two thousand five hundred (2,500) square feet per store; and eating and drinking places with drive-through facilities to conditionally allowed uses in the CPK Zoning District. ITEM NUMBER: 2 DATE: 1-18-05 • Adjustments to the following use definitions: Bar/Tavern, eating and drinking places, eating and drinking places with drive-through facilities. Analysis Expanding Uses within the Commercial Tourist Zoning District: The Zoning Ordinance currently limits office and retail use within the Commercial Tourist Zone, permitting such uses only when they are subordinate to an allowed use. General Plan Policy 13.3.3 supports an expansion of allowable uses within this zone. The proposed amendment will allow office and retail uses independent of another use within the Commercial Tourist Zone. The amendment will create additional development opportunities for existing vacant and under-utilized sites and will allow smaller parcels to develop with small-scale retail and office uses. Bars. Dance Halls, and Night Clubs: Dance Halls and Night Clubs are currently included in the "Amusement Services" land use definition and are defined as principal uses which are not part of a eating and drinking establishment. Also included in the land use definition for "Amusement Services" are bowling alleys, pool halls, skating rinks, ballrooms, card rooms, exercise facilities, and gymnasiums. As these uses can have potential impacts to adjacent uses, General Plan Policy LOC 3.1.11 calls for an update to the Zoning Ordinance to ensure that conditional use permit approval is required for these uses. The Conditional Use Permit process provides the opportunity for the public and the Planning Commission to review the specifics of land use proposals, such as use compatibility, architectural and site design, signage, noise, hours of operation, buffering, and specific standards of the Zoning Ordinance. At this time, amusement services are conditionally allowed in the Commercial Retail and Commercial Service Zoning Districts and are currently allowed in the Commercial Tourist Zoning Districts. The proposed Zone Text Amendment would update the Commercial Tourist Zoning District to require a Conditional Use Permit for such uses. In addition, the proposed Zone Text update recognizes the distinction between bars and other listed types of amusement services creating a new land use definition for establishments primarily engaged in the sale of alcohol. Bars and similar uses are proposed as conditional uses within the Commercial Retail, Commercial Tourist, and Commercial Park Zoning Districts. Drive-through Restaurants: Currently, drive-through restaurants are included in the definition for eating and drinking places. The proposed Zone Text Amendment would update the land use definitions to add drive-through restaurants as a separate use, allowing restaurants with drive-through services to be added as a conditional use to Commercial Zones while maintaining eating ITEM NUMBER: 2 DATE: 1-18-05 and drinking establishments without a drive-through component as an allowed use. The proposed Zone Text Amendment would establish drive-through restaurants as a conditionally allowed use within the Commercial Retail, Commercial Tourist, Commercial Neighborhood, Commercial Professional, and Commercial Park Zoning Districts. Making drive-through restaurants a conditional use will allow the Planning Commission and public to address concerns related to such uses and mitigate any potential impacts that the use might have on the surrounding neighborhood. Outdoor Storage Uses: General Plan Policy 1.3.7 calls for the abatement of uses solely devoted to outdoor storage. The proposed amendments include requirements for a Conditional Use Permit for "Storage Yards" within the Commercial Service Zone and requirements for a Conditional Use Permit for "Vehicle and equipment storage" within the Commercial Retail Zone. General Plan Consistency Staff finds the proposed Text Amendment to be consistent with the 2002 General Plan's goals and policies as noted in LOC 1, 3, 13, and 14: LOC 1.3.7 Develop a program to abate uses solely devoted to outdoor storage. LOC 3.1.5 Develop incentives to attract new businesses to under utilized locations along El Camino Real. LOC 3.1.11 Amend and maintain the zoning ordinance to require Conditional Use Permit approvals of bars, dance halls, night clubs, drive-through restaurants, and service stations. LOC 13.3.3 Update and maintain the zoning ordinance to allow additional uses in the Tourist Commercial Zone. LOC 14.4 Ensure the City regulations and processes support economic development opportunities. CONCLUSION: The proposed Zone Text Amendment to update allowed and conditionally allowed uses within Commercial Zones is consistent with General Plan Land Use and Economic Development Policies. The Zoning Code update will establish additional review of potential impacts and expand opportunities for development within specific commercial areas. ITEM NUMBER: 2 DATE: 1-18-05 ALTERNATIVES: 1. The Planning Commission may add to or modify conditions for the proposed project. 2. The Planning Commission may recommend denial of the proposed Zoning Code Amendment. 3. The Planning Commission may continue the hearing and refer the project back to staff for further analysis. Direction should be given to staff and the applicant on required additional information. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1: Draft Planning Commission Resolution 2005-0002 Attachment 2: Draft Resolution PC 2005-0002 DRAFT RESOLUTION PC 2005-0002 A RESOLUTION OF THE ATASCADERO PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2004-0094 TO UPDATE ALLOWED AND CONDITIONALLY ALLOWED USES IN COMMERCIAL ZONES. (ZCH 2004-0094 - Zoning Text Amendment) WHEREAS, an application has been received from the City of Atascadero (6905 El Camino Real, Suite 6, Atascadero, CA 93422), to consider a project consisting of a zone text change to update code sections related to allowed and conditionally allowed uses in commercial zoning districts; and, WHEREAS, the City of Atascadero's 2025 General Plan incorporated a series of Smart Growth goals that include efficient use and reuse of existing lands and for more compact, pedestrian scaled development through intensification of commercially designated land uses; and, WHEREAS, the General Plan contains Policies and Programs to provide a sound economic base to sustain the City's unique character by establishing a range of employment and business opportunities and generate sufficient revenue to support adequate levels of public services, and environment, social and educational quality and to retain and expand existing businesses and attract new businesses to improve the availability of goods and services; and, WHEREAS, the General Plan contains Policies and Programs to provide public and Planning Commission review of uses which may have potential impacts to surrounding uses and neighborhoods; and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2004-0045 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 Ordinance to protect the health, safety and welfare of its citizens by applying orderly development of the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on January 18, 2005, studied and considered Zone Change 2004-0094, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Certification of Mitigated Negative Declaration 2004- 0045. The Planning Commission finds as follows: 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. 4. The project will not achieve short-term to the disadvantage of long-term environmental goals. 5. The project does not have impacts which are individually limited, but cumulatively considerable. 6. The project will not cause substantial adverse effects on human beings either directly or indirectly. SECTION 2. Findings for Approval of Zone Text Change 2004-0094. The Planning Commission finds as follows: 1. The zone change is consistent with General Plan policies and all other applicable ordinances and policies of the City. 2. Amendment of the zoning ordinance will provide for the orderly and efficient use of lands where such development standards are applicable. 3. The zone change will not, in itself, result in significant environmental impacts. SECTION 3. Zone Text Change. The City Zoning Ordinance Title 9 is hereby amended as follows (underlined and bolded): 9-3.701 Purpose. This section contains descriptions of the types of land uses which can be established under this article. The uses described here are allowed in the various zoning districts established. The description of land uses are intended only to list the various land uses included under each general heading and do not explain what permit requirements or performance standards may be applicable to a given use. Accessory Storage. The indoor or outdoor storage of various materials on the same site as a principal building or land use which is other than storage, which supports the activities or conduct of the principal use. Agricultural Accessory Uses. Includes any use that is customarily part of an agricultural activity and is clearly incidental and secondary to that activity and does not change the character of the agricultural use. Agricultural accessory uses include grazing, crop production to feed animals, and related storage of vehicles and personal property, and accessory structures including barns, stables, and corrals. Ag Processing. Establishment performing a variety of operations on crops subsequent to their harvest, with the intent of preparing them for market or further processing and packaging at a distance from the agricultural area including: alfalfa cubing; hay baling and cubing; corn shelling; drying of corn, rice, hay, fruits and vegetables; fruit and vegetables; grain cleaning and custom grinding; custom grist mills; custom milling of flour, feed and grain; sorting, grading and packaging of fruits and vegetables; tree nut hulling and shelling; cotton ginning; and wineries. Amusement Services. Establishments providing indoor amusement or entertainment on payment of a fee or admission charge, such as: arcades and coin-operated amusements; card rooms, billiard and pool halls as a primary use; alleys; ice skating and roller skating; dance halls, and ballrooms which are principal uses rather than beim subordinate to an Deleted: crabs eating or drinking place; gymnasiums, reducing salons, health and exercise facilities that do not include courts or similar facilities designed for tennis, handball, racquetball or similar indoor participation sports. Animal Hospitals. Establishments primarily engaged in performing services for animals, including veterinary services and animal hospitals. Does not include kennels, which are listed as a separate category. Apparel and Finished Products. Manufacturing establishments, known as the cutting -up and needle trades, producing clothing and fabricating products by cutting and sewing purchased woven or knit textile fabrics, plastics and furs. Included in the apparel industries are three types of establishments: (i) "regular" or inside factories; (2) contract factories; and (3) apparel jobbers. Regular factories perform all of the usual manufacturing functions within their own plant; the contract factories manufacture apparel from materials owned by others; and apparel jobbers perform the entrepreneurial functions of a manufacturing company, such as buying raw materials, designing and preparing samples, arranging for the manufacture of the garments from their materials and selling of the finished apparel. Also includes leather and leather products, tanning and finished products. Custom tailors and dressmakers not operating as a factory are not included. Auto Dealers (New and Used) and Supplies. Retail and wholesale trade establishments selling new and used automobiles, including but not limited to, light trucks, motorcycles and mopeds. Also includes establishments selling new parts and accessories within a building for the above. Does not include establishments dealing exclusively in used parts. Includes automobile repair shops only when maintained by establishment engaged in the sale of vehicles on the same site. Does not include "service stations," which are separately defined. Auto Repair and Services. Service establishments primarily engaged in the repair, alteration, painting, washing or waxing of automobiles. May also include rental of cars, trucks or trailers; leasing of cars and trucks. Does not include repair shops which are subordinate to and maintained by a vehicle dealership. 13ar/tavern..Establishments, where alcoholic beverages are sold for on-site consumption, which is not part of a larger restaurant. )includes bars, tavems, pubs, night clubs, .and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May also include beer brewing as part of a microbrewery, and other beverage Bed and Breakfast. Transient lodging establishments primarily engaged in providing overnight or otherwise temporary lodging for the general public. Such establishments provide limited meal service, generally breakfast, for lodgers. Broadcasting Studios. Communications uses including radio, television, telegraph and telephone broadcasting and receiving stations which are facilities and equipment enclosed entirely within buildings, except for accessory transmission facilities such as antennas, satellite receiving dishes and similar transmission and receiving apparatus. Building Materials and Hardware. Retail trade establishments primarily engaged in the sale of lumber and other building materials, including paint, wallpaper, glass, hardware, nursery stock, lawn and garden supplies. Includes all such stores selling to the general public, even if sales to contractors account for a larger proportion of total sales. Establishments primarily selling plumbing, heating, and air conditioning equipment and electrical supplies are classified in "Wholesaling and Distribution." Business Support Services. Service establishments housed primarily within buildings, which provide particular businesses with services that are maintenance and repair related, service oriented, testing, rental, etc. This group includes: outdoor advertising services; mail advertising services (reproduction and shipping); blueprinting, photocopying, photofinishing, commercial art and design (production); services to structures, such as window cleaning, exterminators, janitorial services; heavy equipment and business equipment repair services including welding repair and armature rewinding and repair (except vehicle repair which is included under "Auto Repair and Service"); computer related services (rental, repair, and maintenance); research and development laboratories, including testing facilities; protective services (other than office -related); equipment rental yards are included under "Vehicle and Equipment Storage" and which include the leasing of tools, machinery and other business items, except vehicles; trading stamp services: repair of large size consumer products including major appliances; and other business services that may be of a "heavy service" nature. Caretaker Residence. A permanent residence that is secondary or accessory to the principal use activity occurring on a property. A caretaker dwelling is used for housing a caretaker employed on the site of any nonresidential use where a caretaker is needed for security purposes or to provide twenty-four (24) hour care or monitoring of plants, animals, equipment, or other conditions on the site. Also includes separate quarters for servants who are employed by the occupant of the principal dwelling on the property. Does not Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman include housing for caretaker -type employees in the Agriculture Zone which is defined as "Farm Labor Quarters." Cemeteries. Interment establishments engaged in subdividing property into cemetery lots and offering burial plots or air space for sale. Includes animal cemeteries and cemetery, mausoleum and columbarium operations. Excludes funeral parlor and related facilities which are listed under "Funeral Services." Chemical Products. Manufacturing establishments producing basic chemicals and establishments manufacturing products predominantly by chemical processes. Establishments classified in this major group manufacture three general classes of products: (1) basic chemicals such as acids, alkalis, salts, and organic chemicals; (2) chemical products to be used in further manufacture such as synthetic fibers, plastic materials, dry colors, and pigments; (3) finished chemical products to be used for ultimate consumption such as drugs, cosmetics, and soaps; or to be used as materials or supplies in other industries such as paints, fertilizers, and explosives. Churches and Related Activities. Religious organization facilities operated for worship or for promotion of religious activities, including churches and religious Sunday -type schools. Other establishments maintained by religious organizations, such as educational institutions, hospitals and other operations that may be considered commercial in nature if not run by the religious organization (such as a recreational camp) are classified according to their respective activities. Collection Stations. Facilities for the temporary accumulation and storage of recyclable discarded materials, which are subsequently transported to recycling centers or solid waste disposal sites for further processing. Does not include automobile wrecking yards or any recycling processing facilities, which are listed under "Recycling and Scrap." Does not include temporary storage of toxic, mutagenic or radioactive waste materials. Concrete, Gypsum, and Plaster Products. Manufacturing establishments primarily engaged in producing concrete building block, brick and all types of precast and prefab concrete products. Also includes ready -mix concrete batch plants, lime manufacturing, and the manufacture of gypsum products, such as plasterboard. Contract Construction Services. Service establishments primarily engaged in construction, including new work, additions, alterations, and repairs. Construction activities are generally administered or managed from a relatively fixed place of business, but the actual construction work is performed at one or more different sites which may be dispersed geographically. Three broad types of construction activity are covered: building construction by general contractors or by operative builders, other construction by general contractors, and construction by special trade contractors such as electrical, air conditioning and plumbing contractors, or others such as well drilling services. The installation of prefabricated buildings and equipment is also included. Crop Production and Grazing. Agricultural uses including the production of grains, field crops, vegetables, melons, fruits, tree nuts, flower fields and seed production, tree and sod farms, crop services and crop harvesting. Also includes the raising or feeding of beef cattle, sheep and goats by grazing or pasturing. Does not include feedlots, which are not allowed. Eating and Drinking Places. Restaurants, and other establishments selling prepared foods and drinks for consumption on the premises, as well as facilities for dancing and other entertainment which are secondary and subordinate to the principal use of the establishment as an eating and drinking place. Also includes, lunch counters and refreshment stands selling prepared goods and drinks for immediate consumption. Deleted: ,bars Deleted: drive-in restaurants, Restaurants, lunch counters, and drinking places operated as subordinate service facilities within other establishments are not included here unless they are operated as leased departments by outside operators. Does not include establishments with drive-through facilities. Eating and Drinking Places with Drive -Through Facilities. Establishments which include points of service where customers are served prepared food without leaving their vehicles. Electronic and Scientific instruments. Manufacturing and establishments producing instruments (including professional and scientific) for measurement, testing, analysis and control, and their associated sensors and accessories; optical instruments and lenses; surveying and drafting instruments; surgical, medical, and dental instruments, equipment, and supplies; ophthalmic goods; photographic equipment and supplies; and watches and clocks; and electrical instruments, components and equipment including integrated circuits, semiconductors, calculators and computers. Farm Animal Raising. The keeping, feeding or grazing of animals as an avocation, hobby, or school project, subordinate to the principal residential use of a property, includes species commonly considered as farm animals as well as exotic species, but does not include household pets. See also "Livestock Specialties." Farm Equipment and Supplies. Establishments primarily engaged in the sale or rental of agricultural machinery and equipment for use in the preparation and maintenance of the soil, the planting and harvesting of crops, and other operations and processes pertaining to work on the farm; also dairy and other livestock equipment. Includes agricultural machinery, dairy farm machinery and equipment, irrigation equipment, poultry equipment and frost protection equipment; hay, grain and feed sales. Farm Labor Quarters. Includes residences, rooming houses and boardinghouses and mess halls for farm workers employed on land owned by the owner of the building site on which the quarters are located. Financial Services. Service establishments primarily engaged in the field of finance, including: banks and trust companies; credit agencies other than banks; brokers and dealers in securities and commodity contracts; security and commodity exchanges; holding (but not predominantly operating) companies; and other investment companies. Fisheries and Game Preserves. Resource extraction operations engaged in commercial fishing (including marine -related animals, mammals, etc.) and the operation of fish hatcheries, fish and game preserves, and game propagation. Food and Beverage Retail Sales. Retail trade establishments primarily engaged in selling food for home preparation and consumption, as well as the retail sale of packaged alcoholic beverages for consumption off the premises, including wine tasting facilities which are not on the same site as the winery. Establishments (except for wine tasting facilities) may include no more than two gas pumps as an accessory use. Food and Kindred Products. Manufacturing establishments engaged in producing or processing foods and beverages for human consumption and certain related products. Includes: (1) meat and poultry products (slaughtering, canning, and curing and byproduct processing); (2) dairy products processing; (3) canned and preserved fruit and vegetables and related processing; (4) grain mill products and byproducts; (5) bakery products, sugar and confectionery products; (6) fats and oil products; (7) beverages and liquors (except wineries, which are included under "Ag Processing"); and (8) miscellaneous food preparation from raw products. Operations on crops subsequent to their harvest are included under "Ag Processing." Forestry. Establishments primarily engaged in the operation of timber tracts, tree farms, forest nurseries, and related activities such as reforestation services; also the gathering of gum barks, sap, moss and other forest products. Does not include logging camps. Fuel and Ice Dealers. Retail trade establishments primarily engaged in the sale to consumers of coal, wood, ice, fuel oil and liquefied petroleum gas (LPG), bottled or in bulk. Funeral Services. Establishments with facilities for the preparation of the dead for burial or cremation and for the holding of funeral observances and services. Accessory facilities may include a cemetery, columbarium or mausoleum. Includes: funeral homes and parlors, mortuaries, and related facilities. Furniture and Fixtures. Manufacturing establishments producing: wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and public building furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. Furniture, Home Furnishings and Equipment. Retail trade establishments primarily engaged in selling furnishings for the home, such as furniture, floor coverings, draperies, glass and chinaware, domestic stoves, refrigerators and other household electrical and gas appliances. Establishments selling electrical and gas appliances are included only if the major part of their sales consist of articles for home use. Also includes retail sale of office furniture, as well as music stores. General Merchandise Stores. Retail trades included in this group are department stores, variety stores, drug and discount stores, general stores, etc., engaged in retail sales of many lines of new and used merchandise, including: dry goods; apparel and accessories; furniture and home furnishings; small wares; hardware; sporting goods and equipment; bicycles, parts and accessories. Also includes sales of miscellaneous shopping goods such as: books; stationery; jewelry; hobby materials, toys and games; cameras and photographic supplies; gifts, novelties and souvenirs; luggage and leather goods; fabrics and sewing supplies; florists; cigar and newsstands: artists' items (stores for which may include space for crafting operations when such area is subordinate to the retail sales); and other miscellaneous retail shopping goods. Glass Products. Manufacturing establishments producing flat glass and other glass products which are pressed, blown, or shaped from glass produced in the same establishment. Does not include artisan and craftsman type operations of a larger scale than home occupations, which are listed under "Small Scale Manufacturing." Health Care Services. Service establishments primarily engaged in furnishing medical, mental health, surgical and other personal health services including: medical, dental and psychiatric offices (mental health) related services including various types of counseling practiced by licensed individuals other than medical doctors or psychiatrists, or unlicensed individuals, are included under "Offices"); medical and dental laboratories; outpatient care facilities; and allied health services. Associations or groups primarily engaged in providing medical or other health services to members are included. Also includes hospitals and similar establishments primarily engaged in providing diagnostic services, extensive medical treatment including surgical and other hospital services; such establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. Nursing homes and similar long-term personal care facilities are classified in "Residential Care." Home Occupations. The gainful employment of the occupant of a dwelling, with such employment activity being subordinate to the residential use of the property. Horticultural Specialties. Agricultural establishments primarily engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors. Also includes establishments engaged in the sale of such products, i.e., wholesale and retail nurseries. Hotels, Motels. Commercial transient lodging establishments including hotels, motor hotels, motels, tourist courts or cabins, primarily engaged in providing overnight or otherwise temporary lodging, with or without meals, for the general public. Such establishments shall not provide kitchen facilities in more than twenty-five (25%) percent of the units. Indoor Recreation Services. Facilities for various indoor sports and recreation, including: bowling alleys; ice skating and roller skating; gymnasiums, health and athletic clubs; tennis, handball, racquetball and similar indoor sports; recreation and community centers. Kennels. A lot, building, structure, enclosure or premises where four or more dogs or cats (four months of age or older) are kept or maintained, including the keeping of such animals for sale, for commercial breeding or for lodging and care for which a fee is charged. Does not include dogs and cats kept for noncommercial purposes, including hunting and herding livestock, which are allowed as residential accessory uses. Laundries and Dry Cleaning Plants. Service establishments primarily engaged in high volume laundry and garment services, including: power laundries (family and commercial); garment pressing and dry cleaning; linen supply; diaper service; industrial laundries; carpet and upholstery cleaners. Does not include coin-operated laundries or dry cleaning pickup stores without dry cleaning equipment, which are classified in "Personal Services." Libraries, Museums. Permanent public or quasi -public facilities generally of a noncommercial nature such as libraries, museums, art exhibitions, planetariums, aquariums, botanical gardens, arboretums and zoos. Also includes historic sites and exhibits. Light Repair Services. Service establishments where repair of small consumer products is the principal business activity, including: Electrical repair shops; television and radio and other small appliance repair; and watch, clock and jewelry repair. Does not include repair or services that are incidental and accessory to retail sales. Does not include businesses serving the repair needs of heavy equipment, or large size consumer products which are included under "Business Support Services." Livestock Specialties. Agricultural establishments primarily engaged in commercial livestock keeping or feeding as a principal land use which, because of operational characteristics, may generate dust, odors or visual impacts which could have an adverse effect upon adjacent properties. Such uses include dairies, chicken, turkey and other poultry farms; animal specialties (such as rabbit farms and other fur -bearing animals); other specialties such as bee farms, aviaries, worm farms, etc. Lumber and Wood Products. Manufacturing and processing uses including merchant sawmills, lath mills, shingle mills, cooperage stock mills, planing mills, and plywood mills and veneer mills engaged in producing lumber and basic wood products; and establishments engaged in manufacturing finished articles made entirely or mainly of wood or wood substitutes. Also included are: truss and structural beam assembly; wood containers; pallets and skids; wood preserving; particle board assembly; turning and shaping wood and wood products on a manufacturing basis; mobile home and modular home assembly. Wood and cabinet shops are included in "Furniture and Fixtures." Craft type shops are included in "Small Scale Manufacturing." Machinery Manufacturing. Establishments engaged in manufacturing machinery and equipment such as: engines and turbines; farm and garden machinery and equipment (except for secondary assembly of such products which is included under "Farm Equipment and Supplies"); construction, mining and materials handling machinery and equipment such as bulldozers, cranes, dredging machinery, mining equipment, oil field equipment, passenger and freight elevators, conveyors, industrial trucks and tractors; machine tools such as gear cutting machines, die casting machines, dies, jigs, industrial molds, power driven hand tools; machinery for use in the food products, textile, woodworking, paper or printing industries; general machinery and equipment such as pumps, roller bearings, industrial furnaces and ovens; office, computing and accounting machines such as typewriters, computers, dictating machines; machinery for refrigeration and service industries such as commercial laundry and dry cleaning equipment, heating, ventilating and air conditioning equipment, commercial cooking and food warming equipment; miscellaneous machinery such as carburetors, pistons and valves. Mail Order and Vending. Establishments primarily engaged in retail sale of products by catalog and mail order. Also includes vending machine distributorships and suppliers. Membership Organizations. Organizations operating on a membership basis for the promotion of the interests of the members, including: business associations; professional membership organizations; labor unions and similar labor organizations; civic, social and fraternal organizations (not lodging); political organizations and other membership organizations. Metal Industries, Primary. Manufacturing establishments engaged in the smelting and refining of ferrous and nonferrous metals from ore, pig, or scrap; in the rolling, drawing, and alloying of ferrous and nonferrous metals; in the manufacture of castings and other basic products of ferrous and nonferrous metals; and in the manufacture of nails, spikes, and insulated wire and cable. Merchant blast furnaces and byproduct or beehive coke ovens are also included. Mining. Resource extractions establishments primarily engaged in mining, developing mines or exploring for metallic minerals (ores), coal and nonmetallic minerals (except fuels), or surface mines extracting crushed and broken stone, dimension stone or sand and gravel. See also "Stone and Cut Stone Products." Mini -Storage. Buildings containing individual storage areas rented or leased to the general public. Does not include warehousing or exterior storage facilities. Mobile home Developments. Includes mobile home parks and mobile home subdivisions in any area or tract of land where two or more mobile home lots are leased, rented, or sold to accommodate mobile homes used for human occupancy. Includes the renting and leasing of overnight or short-term sites for trailers and campers in a mobile home park provided that such spaces are included in the maximum allowable density and do not constitute more than twenty (20%) percent of the total spaces in the mobile home park. Mobile home Dwelling. A vehicle without self -propulsion designed and equipped as a dwelling unit to be used with a foundation. Multiple Family Dwellings. Includes a building, or portion of a building, used and/or designed as a residence for two or more families living independently of each other (includes duplexes, triplexes and apartments). Offices. Establishments engaged in performing a service in a professional office including: engineering, architectural and surveying services; real estate agencies; noncommercial educational, scientific and research organizations; accounting, auditing, and bookkeeping services; authors, writers, artists, etc.; advertising agencies; photography studios and small commercial art studios; employment agencies and stenographic services; reporting services; data processing and computer services; management, public relations, and consulting services; detective agencies and other similar professional services; attorneys; and counseling services provided by individuals other than licensed psychiatrists, which are included under "Health Care Services." Organization Houses. Residential lodging houses operated by membership organizations for the benefit of their constituents and not open to the general public. Also includes fraternity and sorority residential houses and religious residential retreats. Outdoor Recreation Services. Facilities for various outdoor sports and recreation, including: amusement and kiddie parks; golf courses, golf driving ranges and miniature golf courses; skateboard parks; go-cart and miniature auto race tracks; tennis courts, swim and tennis clubs and facilities; play lots, playgrounds and athletic fields; recreation and community centers. Paper Products. Includes the manufacture of pulps from wood, other cellulose fibers, and rags; the manufacture of paper and paperboard; and the manufacture of paper and paperboard into converted products such as paper coated off the paper machine, paper bags, paper boxes, and envelopes. Also includes building paper and building board mills. Paving Materials. Manufacturing establishments producing various common paving and roofing materials, including paving blocks made of asphalt, creosoted wood and various compositions of asphalt and tar. Personal Services. Service establishments primarily engaged in providing services generally involving the care of the person which are not medically related, including: beauty and barber shops; shoe repair shops; saunas and hot tubs; dry cleaning pickup stores and small scale dry cleaners without pickup and delivery services; clothing rental; dating and escort services; and related activities. Petroleum Extraction. Resource extraction establishments primarily engaged in: producing crude petroleum and natural gas; recovering oil from oil sands and shales; producing natural gasoline and cycle condensate. Activities include exploration, drilling, oil and gas well operation and maintenance, operation of natural gas and cycle plants, and the mining and extraction of oil from oil sands and shales. Petroleum Refining and Related Industries. Manufacturing and processing establishments primarily engaged in petroleum refining, and compounding lubricating oils and greases from purchased materials. Also includes manufacture of petroleum coke and fuel briquettes and petroleum bulk stations. Petroleum and petroleum products distributors are included in "Wholesaling and Distribution." Pipelines. Facilities primarily engaged in the pipeline transportation of crude petroleum; refined products of petroleum such as gasoline and fuel oils; mixed, manufactured or liquefied petroleum gas; or the pipeline transmission of other commodities, excluding natural gas. Plastics and Rubber Products. Manufacturing establishments producing rubber products such as: tires; rubber footwear; mechanical rubber goods; heels and soles; flooring; and rubber sundries from natural, synthetic or reclaimed rubber, gutta percha, balata, or gutta siak. Also includes establishments primarily manufacturing tires (establishments primarily recapping and retreading automobile tires are classified in "Auto, Mobile home and Vehicle Dealers and Supplies"). Also includes establishments engaged in molding primary plastics for the trade, and manufacturing miscellaneous finished plastics products. Primary Family Housing. A secondary dwelling to a single-family dwelling which is limited to occupancy by members of the immediate family of the property owner. Immediate family members shall only include grandparents, parents, children, grandchildren, sisters and brothers of the property owner or spouse of the property owner. Public Assembly and Entertainment. Facilities for public assembly and group entertainment such as: public and semi-public auditoriums; exhibition and convention halls; civic theaters and meeting halls; motion picture theaters; legitimate theater facilities for live theatrical presentations or concerts by bands and orchestras; amphitheaters; meeting halls for rent and similar public assembly uses. Recreational Vehicle Parks. Transient lodging establishments primarily engaged in renting, leasing or otherwise providing overnight or short-term sites for trailers, campers, or tents, with or without individual utility hookups, but with other facilities such as public restrooms. Does not include incidental camping areas, which are included under "Rural Sports and Group Facilities." Recycling and Scrap. Establishments primarily engaged in assembling, breaking up, sorting, temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap. Does not include waste disposal sites, which are separately defined. Does not include temporary storage of toxic or radioactive waste materials. Recycling Centers. An establishment, which is larger than a 'collection station," that serves as a community -wide center for the collection and/or processing of recyclable materials such as glass, paper, plastic, aluminum and metal cans. Residential Accessory Uses. Includes any use that is customarily part of a residence and is clearly incidental and secondary to a residence and does not change the character of the residential use. Residential accessory uses include the storage of vehicles and other personal property and accessory structures including garages, studios and workshops. Residential Care. Establishments primarily engaged in the provision of residential social and personal care for children, the aged, and special categories of persons with some limits or ability for self-care, including mental and physical limitations, but where medical care is not a major element. Includes: board and care facilities; children's homes; halfway houses; rehabilitation centers; self-help group homes. Retirement Hotel. Establishments primarily engaged in providing lodging facilities limited to the aged where no medical care is provided. Such establishments may provide housekeeping and meals to the residents. Roadside Stands. Open structures for the retail sale of agricultural products (except hay, grain and feed sales which are included under "Farm Equipment and Supplies") which are located on the site or in the area of the property where the products being sold were grown. Rural Sports and Group Facilities. Establishments supporting special group activities such as: archery, pistol, rifle, and skeet clubs and facilities; dude ranches; health resorts including outdoor hot spring, spa or hot tub facilities; hunting and fishing clubs; recreational camps; group or organized camps; incidental, seasonal camping areas without facilities; equestrian facilities, including riding academies, schools, stables and exhibition facilities. Sales Lots. Sales lots consist of any outdoor sales area for permanent display of recreational vehicles, recreational and utility trailers, motorized farm equipment, boats, heavy commercial trucks (over one (1) ton), mobile homes, construction equipment, or other heavy equipment; outdoor equipment rental yards; or large scale temporary or permanent outdoor sales activities, including but not limited to, swap meets and flea markets. Schools -- Business and Vocational. Business and secretarial schools; vocational schools offering specialized trade and commercial courses; specialized nondegree granting schools, such as: music schools; dramatic schools; language schools; driver education schools; ballet and other dance studios; and establishments furnishing educational courses by mail. Schools. An institution or establishment that provides a program of instruction and teaching services. Includes: preschools, nursery schools and day care centers; elementary and secondary schools serving grades K through 12 (or portions thereof); junior colleges, colleges and universities; and similar education institutions. Does not include Sunday schools which are permitted under "Churches and Related Facilities." Service Stations. Retail trade establishments primarily engaged in the sale of gasoline, which may also provide lubrication, oil change and tune-up services incidental to gasoline sales. May also include a towing service but does not include storage of wrecked or abandoned vehicles, paint spraying body and fender work, or trailer and equipment rental, unless rental uses are allowed in the subject zoning district as "Storage Yards and Sales Lots." Does not include the retail sale of gasoline as a subordinate service to a liquor store unless such sale includes more than two pumps. Sexually Oriented Business. Any business defined by the Atascadero Sexually Oriented Business Ordinance (see Chapter 5-10) as an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, sexual encounter establishment, or nude model studio is a sexually oriented business. Single -Family Dwelling. A detached building designed for and/or occupied exclusively by one family. Does not include mobile home dwellings which have a separate description. Skilled Nursing Facility. Residential establishments primarily engaged in providing nursing and health related personal care, generally on a long term basis, with inpatient beds, including skilled nursing facilities; extended care facilities; convalescent and rest homes. Small Scale Manufacturing. Manufacturing establishments not classified in any other major manufacturing group including: jewelry, silverware and plated ware; musical instruments; toys; sporting and athletic goods; pens, pencils, and other office and artists' materials; buttons, costume novelties, miscellaneous notions; brooms and brushes; and other miscellaneous manufacturing industries. Also included are artisan and craftsman type operations which are not home occupations, and which are not secondary to on-site retail sales. Social and Service Organizations. Public or quasi -public establishments providing social services and rehabilitation services to such as counseling centers, welfare offices, job counseling and training centers, or vocational rehabilitation agencies, persons with social or personal problems requiring special services and to the handicapped and the disadvantaged. Also included are organizations soliciting funds to be used directly for these related services. Also includes establishments engaged in community improvement and neighborhood development. Does not include child day-care services which are classified under "Schools." Sports Assembly. Facilities for spectator -oriented specialized group sports assembly that include: stadiums and coliseums; arenas and field houses; race tracks (auto and animals); motorcycle racing and drag strips; and other sports that are considered commercial. Stone and Cut Stone Products. Manufacturing establishments primarily engaged in cutting, shaping, and finishing marble, granite, slate, and other stone for building and miscellaneous uses. Also includes establishments primarily engaged in buying or selling partly finished monuments and tombstones. Structural Clay and Pottery -Related Products. Manufacturing establishments primarily producing brick and structural clay products, including pipe, china plumbing fixtures, and vitreous china articles, fine earthenware and porcelain electrical supplies and parts. Artist/craftsman uses are included in "Small Scale Manufacturing" or "Home Occupations." Temporary Dwelling. Includes the temporary use of a mobile home or recreational vehicle as a dwelling unit, following the issuance of a building permit for a permanent residence while the permanent residence is under construction. Temporary Events. Any use of a structure or land for an event for a limited period of time where the site is not to be permanently altered by grading or construction of accessory facilities. Events include: art shows; rodeos; religious revivals; tent camps; outdoor festivals and concerts. Temporary Offices. The utilization of a mobile home or recreational vehicle as a temporary office during the period of a construction of a permanent office facility on the same site. Temporary or Seasonal Retail Sales. Retail trade establishments primarily engaged in the sale of fireworks; produce; Christmas trees or other seasonal items; or semiannual sales of art or handcrafted items in conjunction with community festivals or art shows. Textile Mills. Manufacturing establishments engaged in performing any of the following operations: preparation of fiber and subsequent manufacturing of yarn, threads, braids, twine cordage; manufacturing woven fabric and carpets and rugs from yarn; dying and finishing fiber, yard, fabric, and knit apparel; coating, waterproofing, or otherwise treating fabric; the integrated manufacture of knit apparel and other finished products from yarn; and the manufacture of felt goods, lace goods, nonwoven fabrics and miscellaneous textiles. Transit Stations and Terminals. Passenger stations for vehicular and rail mass transit systems; also terminal facilities providing maintenance and service for the vehicles operated in the transit system. Utility Service Centers. A private or public utility facility providing for customer services (including bill paying), engineering, clerical and construction crew activities. Includes vehicle, material and equipment parking and storage. Utility Transmission Facilities. Utility transmission lines and distribution facilities, including substations for electric, gas, other energy sources, water, cable television and telephone. Does not include lines serving individual customers. Vehicle and Freight Terminals. Transportation establishments furnishing services incidental to transportation including: freight forwarding services; transportation arrangement services; parking, crating, inspection and weighing services; freight terminal facilities; joint terminal and service facilities; trucking facilities, including transfer and storage; public warehousing and storage. Includes both railroad transportation and motor freight transportation. Vehicle and Equipment Storage. Service establishments primarily engaged in the business of storing cars, buses and other motor vehicles; recreational vehicles (such as campers, motor homes, boats); construction equipment; and farm equipment. Includes both day use and long-term public and commercial garages, parking lots and structures. Does not include wrecking yards (classified in "Recycling and Scrap"). Warehousing. Establishments primarily engaged in the storage of farm products, furniture, household goods, or other commercial goods of any nature for later distribution to wholesale and retailers. Does not include terminal facilities for handling freight (classified in "Vehicle and Freight Terminals"). Also includes storage or ministorage facilities offered for rent or lease to the general public. Wholesaling and Distribution. Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes such establishments as: merchant wholesalers; agents, merchandise or commodity brokers, and commission merchants; assemblers, buyers and associations engaged in the cooperative marketing of farm products. 9-3.203 Conditional uses. The following uses may be allowed in the Commercial Neighborhood Zone. The establishment of conditional uses shall be as provided by Section 9-2.109 (conditional use permits): (a) Service Stations (see Section 9-6.164); (b) Food and beverage retail sales, where areas of use are greater than two thousand five hundred (2,500) square feet per store; (c) General merchandise stores, where areas of use are greater than two thousand five hundred (2,500) square feet per store; (d) Eating and drinking places, where areas of use are greater than two thousand five hundred (2,500) square feet per stored Deleted: . (e) Eating and drinking places with drive-through facilities. 9-3.213 Conditional uses. The following uses may be allowed in the Commercial Professional Zone. The establishment of conditional uses shall be as provided by Section 9-2.109; (a) Caretaker's residence (see Section 9-6.104); (b) Churches and related activities (see Section 9-6.121); (c) Pipelines; (e) Easting and drinking places with drive-through facilities; (, Food and beverageretail sales, where areas of use an reater than two thousand five Deietea: hundred (2,500) square feet per store; (,g) General merchandise stores, where areas of use are Beater than two thousand five Deietea: f hundred (2,500) square feet per store; (.i) Personal services, where areas of use arefreater than two thousand five hundred_ Deietea: s (2,500) square feet per store; (�) Building_materials and hardware, where areas of use are greater than two thousand five Deleted: h hundred (2,500) square feet per store (see Section 9-6.165); Q) Furniture, home furnishings and equipment, where areas of use are greater than two Deleted: thousand five hundred (2,500) square feet per store. 9-3.222 Allowable uses. The following uses shall be allowed in the Commercial Retail Zone. The establishment of allowable uses shall be as provided by Section 9-2.107 (Plot plans) and Section 9-2.108 (Precise plans): (a) Broadcast studios; (b) Building materials and hardware (see Section 9-6.165); (c) Food and beverage retail sales; (d) Furniture, home furnishings and equipment; (e) General merchandise stores; (f) Mail order and vending; (g) Temporary or seasonal sales (see Section 9-6.174); (h) Financial services; (i) Health care services; 0) Offices; (k) Small scale manufacturing; (1) Temporary offices (see Section 9-6.176); (m) Personal services; (n) Light repair services; (o) Accessory storage (see Section 9-6.103); (p) Eating and drinking places; (q) Membership organizations; (r) Horticultural specialties (see Section 9-6.116); ,(S) Schools --business and vocational fsee Section 9-6.125 ; (1) Utility transmission facilities; (amu) Business supbort services, where al—larea—s of use are located within a building (.v) Social and service organizations . (,w) Collection stations (see Section 9-6.130)_ (,x) Farm equipment and sup .blies; may) Fuel and ice dealers See Section 9-6.134); (Z) Hotels and motels; (tea) Skilled nursing facility see Section 9-6.04); (�) Bed and breakfast= � Retirement hotel; (Ad Funeral services; (,e SchoolsAsee Section 9-6.125) _ (ft) Utiles service center; Libraries and museums; Temporary events (see Section 9-6.177); (Li) Sexually oriented businesses (see Chapter 5-10). 9-3.223 Conditional uses. The following uses may be allowed in the Commercial Retail Zone. The establishment of conditional uses shall be as provided by Section 9-2.109 (Conditional use permits): (a) Amusement services; N Bar/tavern (£) Caretaker residence (see Section 9-6.104), (d) Eatiniz and drinkine places with drive-throueh facilities: (e) Service station (see Section 9-6.164 0 Public assembly and entertainment; (g) Indoor recreation services; (h) Animal hospLitals_Lsee Section 9-6.110);_ Q) Auto repair and services(see Section 9-6.168)_ Deleted: (s) Vehicle and equipment storage (see Section 9-6.183);¶ �Deleteed: Deleted: it Deleted: jj Deleted: b Deleted: c Deleted: d Deleted: e Deleted: f Deleted: g Deleted: t Deleted: u Deleted: v Deleted: w Deleted: x Deleted: y Deleted: z Deleted: as Deleted: bb Deleted: cc =Deleted.: Deleted• ee �Deleted: ff �Deleteed: Deleted: it Deleted: jj Deleted: b Deleted: c Deleted: d Deleted: e Deleted: f Deleted: g () Churches and related activities (see Section 9-6.121), ( ) Food and kindred products (see Section 9-6.18); Q) Prelines; _ _ (n) Outdoor recreation services (see Section 9-6.123); (n) worts assembly; (p) Transit stations and terminals; (p) Kennels (see Section 9-6.11 (q) Vehicle and Equipment Storage (see Section 9-6.183); (�) Auto dealersnew and used) and supplies see Section 9-6.163)_ 9-3.232 Allowable uses. The following uses are allowed in the Commercial Service Zone. The establishment of allowable uses shall be as provided by Section 9-2.107 (Plot plans) and Section 9-2.108 (Precise plans): (a) All uses listed as allowable uses in the CR (Commercial Retail) Zone; (b) Wholesaling and distribution; (c) Light repair services; ,W) Apparel and finish products, where areas of use are less than five thousand 5,00 square feet; (p) Electronic and scientific instruments, where areas of use are less than five thousand (5,000) square feet; (1) Furniture and fixtures, where areas of use are less than five thousand 5,009Lsquare feet; (g) Animal hospitals(see Section 9-6.110); Qh) Auto repair and services (see Section 9-6.168); W Laundries and dry cleaning plants; (j) Stone and cut stoneproducts, where all areas of use are less than five thousand (5,000) square feet; (1W Contract construction services; Q) Food and kindred_roducts (see Section 9-6.128); (fin) Kennels (see Section 9-6.1111 W) Sexual oriented businesses see Chapter 5-1A. 9-3.233 Conditional Uses. The following uses may be allowed in the Commercial Service Zone. The establishment of conditional uses shall be as provided by Section 9-2.109 (Conditional use permits): (a) Amusement services; (b) Warehousing; (c) Vehicle and freight terminal; (d) Service stations (see Section 9-6.164); (e) Caretaker residence (see Section 9-6.104); (f) Transit stations and terminals; (g) Public assembly and entertainment; (h) Indoor recreation services; (i) Outdoor recreation services (see Section 9-6.123); 0) Apparel and finish products, where areas of use exceed five thousand (5,000) square feet; (k) Sports assembly; Deleted: h Deleted: i Deleted: j Deleted: k Deleted: 1 Deleted: m Deleted: n Deleted: o Deleted: (d) Storage yards (see Section 9-6.140);¶ Deleted: e Deleted: f Deleted: g Deleted: h Deleted: i Deleted:] Deleted: k Deleted: 1 Deleted: m Deleted: n Deleted: o (1) Electronic and scientific instruments, where areas of use exceed five thousand (5,000) square feet; (m) Furniture and fixtures, where areas of use exceed five thousand (5,000) square feet; (n) Glass products manufacturing; (o) Pipelines; (p) Stone and cut stone products, where all areas of use exceed five thousand (5,000) square feet; (q) Auto dealers (new and used) and supplies (see Section 9-6.163.)--,,- (r) -6.163.){(r) Storage yards (see Section 9-6.140). 9-3.242 Allowable uses. The following uses shall be allowed in the Commercial Tourist Zone. The establishment of allowable uses shall be as provided by Sections 9-2.107 and 9-2.108: (a) Eating and drinking places; (b) Financial services; (c) Furniture, home furnishings, and equipment; (d) General merchandise stores; (p) Hotels and motels; Deleted: b (,f) Service station (see Section 9-6.164); Deleted: c (,g) Accessory storage see Section 9-6.103); Deleted: a 011) Utility transmission facilities= Deleted: e O Libraries and museums= (�) Outdoor recreation services see Section 9-6.123 ; Deletea: f (k) Offices; Deleted: g 0 SLorts assembly; Deleted: h _ (n) Temporary events (see Section 9-6.177 Deleted: i W) Transit stations and terminals; Deletea: i moo) Collection station see Section 9-6.130); Deleted: (k) Amusement services;¶ (p) Recreational vehicle park (see Section 9-6. 189L,_ (q) Roadside stands (see Section 9-6.117); Deleted:l W Temporary and seasonal sales (see Section 9-6.174);_ Deleted: m O Public assembly and entertainment; Deleted: n (t) The following only apply when clearer subordinate and incidental to an allowable use Deleted: o as provided in this section: Deleted: p (1) Food and beverage retail sales, Deleted: q Personal services, Deleted: (2) General merchandise (&Auto repair and services (seeSection 9-6.168); stores,¶ QA) Bed and breakfast -Deleted: (3) offices,¶ (,v) Indoor recreation services.Ord. 68§ 9-3.242, 1983) Deleted: 4 Deleted:5 9-3.243 Conditional uses. Deleted: r The following uses may be allowed in the Commercial Tourist Zone. The establishment of Deleted: s conditional uses shall be as provided by Section 9-2.109: (a) Amusement services; 2jAuto, mobile home and vehicle dealers and supplies (see Section 9-6.163); (c) Bar/tavern (d) Eating and drinking places with drive-through facilities; (.e) Sales lots (see Section 9-6.139; _ _ _ _ _ _ Deleted: b ( Caretaker's residence (see Section 9-6.104); (g) felines. (Ord. §8_§ 9-3.243, 19833) 9-3.252 Allowable uses. The following uses shall be allowed in the Commercial Park Zone. The establishment of allowable uses shall be as provided by Chapter 2 of this title: (a) Apparel and finished products; (b) Accessory storage (see Section 9-6.103); (c) Broadcasting studios; (d) Building materials and hardware (see Section 9-6.165); (e) Business support services; (f) Contract construction services; (g) Electronic and scientific instruments; (h) Farm equipment and supplies; (i) Food and kindred products (see Section 9-6.128); 0) Fuel and ice dealers (see Section 9-6.129); (k) Furniture and fixtures; (1) Horticultural specialties (see Section 9-6.116); (m) Laundries and dry cleaning plants; (n) Light repair services; (o) Mail order and vending; (p) Roadside stands (see Section 9-6.117); (q) Schools --business and vocational (see Section 9-6.125); (r) Small scale manufacturing; (s) Stone and cut stone products; (t) Temporary events (see Section 9-6.177); (u) Temporary or seasonal sales (see Section 9-6.174); (v) Utility transmission facilities; (w) Wholesaling and distribution; (x) The following uses when established in conjunction with a commercial center containing at least one major commercial tenant with a minimum of twenty thousand (20,000) square feet of floor area: _,(1) Financial services, Q) Food and beverage retail sales, Q) Furniture, home furnishings and eqj�pment, (.4) General merchandise store. (y) Eating and drinking places of up to two thousand five hundred (2,500) square feet; (z) Office; (aa) Health care services. 9-3.253 Conditional uses. The following uses may be established in the Commercial Park Zone conditional uses shall be as provided by Chapter 2 of this title: (a) Animal hospitals; (b) Auto repair and services (see Section 9-6.168); (c) Bar/tavern; (d) Chemical products; (g) Concrete, gypsum and plastergroducts; Deleted: c Deleted: d i Deleted: (1) Eating and drinking places,¶ Deleted. 2 Deleted:3 � Deleted:4 Deleted: 5 The establishment of Deleted: c Deleted: d (f) Eating and drinking places where areas of use are greater than two thousand five hundred (2,500) square feet per store; (g) Eating and drinking places with drive-through facilities; 0 Glass products; `g) Lumber and wood roducts; (A) Machinery manufacturing (j) Membership organizations; O Mini storage= (j) Raper products; Q) Paving materials; (p2) Pipelines; Plastics and rubber roducts; (,o) Public assembly and entertainment_ (p) Sales lots (see Section 9-6.19); (q) Structural cls pottery products; (r) Textile mills (�S) Transit stations and terminals; Vehicle and equipment storage(see Section 9-6.1831; (�) Warehousing (v) Auto dealers (new and used) and supplies see Section 9-6.163)_ SECTION 4. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on January 18, 2005, resolved to recommend that the City Council introduce for first reading by title only, an ordinance that would amend the zoning ordinance text as follows: BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Bob Kelley Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary \\Cityhall\cdvlpmnt\- ZCH - Zone Change\ZC 04\ZCH 2004-0094 Commercial zones text amendment\ZCH 2004-0094.PC-SR2.kg.doc ITEM NUMBER: 3 DATE: Atascadero Planning Commission Staff Report - Community Development Department Atascadero Avenue Planned Development: Vintage Homes ZCH 2004-0086/CUP 2004-0132/TTM 2004-0055 (Caliber Home Developments) RECOMMENDATIONS: Staff Recommends Planning Commission: 1. Adopt Resolution PC 2005-0003 recommending that the City Council certify Proposed Mitigated Negative Declaration 2004-0050; and, 2. Adopt Resolution PC 2005-0004 recommending that the City Council introduce an ordinance for first reading by title only, to approve Zone Text Change 2004-0086 establishing a PD -25 Overlay District based on findings; and, 3. Adopt Resolution PC 2005-0005 recommending that the City Council introduce an ordinance for first reading by title only, to approve Zone Change 2005-0095 based on findings; and, 4. Adopt Resolution PC 2005-0006 recommending that the City Council approve Conditional Use Permit 2004-0132 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 5. Adopt Resolution PC 2005-0007 recommending that the City Council approve Vesting Tentative Tract Map 2004-0055 based on findings and subject to Conditions of Approval and Mitigation Monitoring. ITEM NUMBER: 3 DATE: REPORT -IN -BRIEF: The proposed project consists of a Zone Text Change to establish a Planned Development #25 Overlay Zone, and Zone Map Amendment to establish a PD -25 Overlay Zone over the subject site with a corresponding Master Plan of Development (CUP) and vesting Tentative Tract Map that would allow a 12 -unit attached multi -family residential planned development. The project site currently consists of three individual lots and is located along Atascadero Avenue at the terminus of Sierra Ave. The project includes the demolition of 4 existing residential units. The project is designed with 6 buildings, each consisting of 2 residential units for a total of 12 residences on individual lots. DISCUSSION: Situation and Facts: 1. Applicant / Representative: Caliber Home Developments. 317 Ocean View Avenue, Suite 1 Pismo Beach, CA 93449 2. Project Address: 6709, 6725, 6735 Atascadero Ave (APN 030-281-014, 015, 016) (San Luis Obispo County). 3. General Plan Designation: HDR (High Density Residential) 4. Zoning District: RMF -16 (Residential Multi -family - 16) 5. Site Area: 0.85 acres 6. Existing Use: 4 residential units 7. Environmental Status: Proposed Mitigated Negative Declaration 2004-0050 Background Surroundina Land Use and Settin North: Residential Multi -Family South: Residential Multi -Family ITEM NUMBER: 3 DATE: East: Residential Multi -Family West: Residential Single Family a Subject Site a� �y Atascadero`' Ave. e� The project site is within the High Density Residential General Plan land use designation and is zoned Residential Multi -family -16, which allows for a maximum density of 16 units per acre. The properties along Atascadero Ave consist of existing 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. Six new buildings are proposed on site, each with two residential units. The units range from 964 square feet to 1,329 square feet with a one car garage located on the ground floor of each unit. Additional resident parking is provided for in front of each garage with 4 guest spaces provided toward the rear of the site. As a Planned Development, the Planning Commission must find that the project provides high quality architectural, landscape, and site design to warrant the granting of special development standards. ITEM NUMBER: 3 DATE: Appearance Review Site Plan. Circulation. and Parkin The project is designed around a central parking court aligned with Sierra Ave and includes the following desirable site design elements: • Open space feature at the terminus of the parking court with accent landscaping. • Decorative paving (stained concrete for main court, brick accents for individual driveways and pathways) • Offset project entry • Retention of existing mature sycamore trees along the Atascadero Ave. frontage. Based on parking requirements set forth in the Atascadero Municipal Code for multi- family residential units, a minimum of 25 spaces is required to be provided on site for the proposed residential units. 28 spaces are provided throughout the project with one covered space for each residential unit. Curb, gutter, and sidewalk are provided along Atascadero Ave. The sidewalk has been designed to avoid existing sycamore trees. Architecture, Materials, and Color The project has been designed with Craftsman style architecture that incorporates traditional Colony style elements. Minor conditions of approval have been included regarding the exterior material finish (smooth plaster siding, architectural grade garage doors) (Conditions CUP 7). The buildings located along the Atascadero Ave frontage are oriented to the street and are designed to have a single-family appearance. The following design features have been incorporated into the project, compatible with the surrounding neighborhood and in compliance with the standards for a Planned Development: ■ One -car garages reduce the appearance of the garage. ■ Covered porches ■ Variety of materials (smooth finish stucco and horizontal wood siding) ■ Traditional window design ■ Wood balcony railing ■ Bracketed eaves Landscape Design The preliminary landscape plan has been designed to retain existing mature sycamore trees and accentuate site design features such as the open space amenity area and the ITEM NUMBER: 3 DATE: 1 -1s -ns parking court streetscape. Proposed landscaping includes drought tolerant shrubs and accent plants, with a combination of evergreen and deciduous trees placed throughout the site. In staff's opinion, the proposed landscape plan and palette, as conditioned, meets the Planned Development appearance review requirements. Native Tree Mitiaation/Preservation A tree removal application for 4 native trees is included with the proposed development, 1 of which is in excess of 24" dbh. A condition of approval has been included requiring that the applicant 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 21). Evergreen Native Trees (inches) Deciduous Native Trees (inches) I Totals dbh notes dbh notes 1 20 -inches 1 18 -inches 2 25 -inches 2 13 -inches 3 3 4 4 5 5 6 6 Total 45 -inches Total 31 -inches 76 -inches Mitigation Requirement req'd tree replacements: 15 five gal trees req'd tree replacements: 21 five gal trees 36 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees (24") 0 box trees (24") 0 box trees (24") Remaining Mitigation 15 five gal trees Remaining Mitigation 21 five gal trees 1 36 five gal trees Tree Fund Payment: $ 750.00 Tree Fund Payment: $ 1,033.33 1 $ 1,783.33 In addition, due to required frontage improvements for the proposed development, the existing sycamore trees along the Atascadero Ave. frontage will be impacted greater than 50% of the tree canopies. As such, staff is recommending that a mitigation deposit be collected and that, should the trees need to be removed due to construction impacts, the trees be replaced with a minimum 24" box size like species trees (Condition CUP 21). Any additional tree removals will be subject to Planning Commission approval. Site Drainage Historically, the site drains to the north east corner of the project site. The project is designed to maintain historic flow to the rear of the site and will be detained in a detention basin incorporated into the open space area. These facilities will detain the ITEM NUMBER: DATE: 1-18-05 flow of up to a 50 -year event and release it at a post construction historic rate. There will be no increase in the volume of flow downstream. Wastewater Sanitary sewer will be connected to existing sewer facilities in Atascadero Ave. The Wastewater Treat Plant and the City collection system have sufficient capacity to handle the new flow. 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). The following conditions of approval are included to mitigate the fiscal impacts of the project on the City of Atascadero. Condition CUP 18/TTM 8 The emergency services and facility maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. a) All Atascadero Police Department service costs to the project. b) All Atascadero Fire Department service costs to the project. c) Off-site common City of Atascadero park facilities maintenance service costs related to the project. Condition CUP 19/TTM 9 ■ All tract maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative ITEM NUMBER: 3 DATE: 1-18-05 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. Proposed Planned Development Overlay 25 The proposed project requires the establishment of a Planned Development Overlay Zone to allow for the requested subdivision. Based on the General Plan requirements and proposed project description, staff has prepared the following standards for a PD - 25 Overlay Zone. Adoption of the Planned Development Overlay Zone text is required for the project to proceed. The Commission could make recommendations to the Council to modify the proposed PD -25 text. 9-3.670 Establishment of Planned Development Overlay Zone No. 25: (PD25). Planned Development Overlay Zone No. 25 may be established in Residential Multi -family zones. The maximum residential density within the planned development shall not exceed the densities allowed by the underlying zoning district and provisions of the Atascadero Municipal Code. The following development standards shall be met by all projects within the PD25 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 proposed projects shall be no fewer than 4 residential units. e) A parent lot or lots shall have frontage on a public street. ITEM NUMBER: DATE: 1-18-05 f) Access off of the public street shall be designed as a parking court if the distance from the back of sidewalk to the terminus of the court is less than 150 feet and shall include the following elements: i. 16 feet paved width (decorative concrete or pavers) with 2 foot shoulders of low lying landscaping (subject to Fire Department approval). ii. Decorative paving continuous throughout the parking court. iii. Address marker at the entrance to the court. Multiple parking courts can be joined providing that each court meets the above standards and that only one court per street access be established. g) Access off of the public street shall be designed as a street if the distance from the back of sidewalk to the terminus of the access is greater than 150 feet and shall include the following elements: i. 24 feet paved width (subject to Fire Department approval). ii. Concrete curb and gutter. iii. Sidewalk along one side of the street. h) Appearance of each dwelling unit, site landscaping, site development, and amenities shall be consistent with the Atascadero Appearance Review Manual. All landscaping shown on the approved landscape plan will be installed by the developer and shall be maintained as approved. i) Building setbacks shall be as follows: Setback from public street frontage Setback from parking court/interior street Setback between buildings: Rear yard setback: 12 feet from right-of-way/back of sidewalk (whichever is greater) when minimum 6 foot landscape parkway provided. 18 feet from right-of-way/back of sidewalk (whichever is greater) when no parkway is provided. Porches can encroach up to 3 feet into the required setback. 8 feet to porch 10 feet to front of residence 10 feet minimum to garage (if one car garage proposed, the second parking space must be located in the driveway with a minimum length of 20 feet) 5 feet to side of residence 10 feet minimum (unless attached) 12 feet minimum j) Porches shall be provided for each unit. Porches shall be a minimum of 6 feet deep and a functional width. k) Residential units adjacent to a public street shall be oriented to the public street. ITEM NUMBER: 3 DATE: 1 -1s -ns 1) A landscaped yard and/or an open space amenity feature shall be located at the terminus of the parking court/street. No garages or vehicle parking are permitted at the court/street terminus. m) 300 square feet of private open space shall be provided for each unit with a minimum dimension of 12 feet. n) Each unit shall include the following: ■ 300 cubic feet of shelved storage area. (Bedroom and entry/coat closets shall not count toward this requirement). ■ Dedicated space for laundry facilities with hookups. o) All utilities, including electric, telephone, and cable, within the PD and along the project frontages shall be installed and/or relocated underground. p) Engineered drainage detention basins shall be located within a common area. Multiple basins on individual lots shall not be permitted. All basins shall be landscaped, shall be no deeper than 2 feet, and shall be unfenced. No retaining walls or fencing shall be permitted within the basin area. q) Exterior walls or fencing shall be consistent throughout the project. Design and appearance of fences and/or walls shall be compatible with the design of the dwelling units. Fence posts shall be metal or pressure treated wood. Wood preservative/sealer shall be applied to fence panels. r) All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties. s) Trash shall be stored in individual garages or behind fenced areas on individual lots. Dedicated trash storage area shall be a minimum of 3' x 6' paved area. t) A minimum of one common decorative light shall be provided at the end of the parking court. u) Lot coverage shall not exceed 40% of the net lot area. v) A one -car garage (minimum 11' x 20') shall be required for attached residential units. A two -car garage (minimum 20'x 20') shall be required for detached residential units. w) The total number of parking spaces shall be provided as follows: i. 2 spaces per unit. Both spaces must be located on the individual lot. ii. Guest parking provided at a ratio of 1 space per every 3 units.* *Guest parking may not be located adjacent to the public street frontage. If the above text is established, the project, as conditioned, would be consistent with those standards. Based on the above language, the PD -25 Zoning District incorporates, by reference, the Master Plan of Development and Vesting Tentative Tract Map which documents the proposed architectural styles, site configuration, lot coverage, setbacks, landscaping, and project amenities for the project. ITEM NUMBER: 3 DATE: 1 A s -ns 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. This interim program requires that the proposed project provide a minimum of 2 affordable units deed restricted at the moderate income rate. A condition of approval has been added to ensure that this requirement is met (Condition CUP 14/TTM 11). According to the San Luis Obispo County Department of Planning & Building, a 2 - bedroom moderate unit only qualifies if the sales price does not exceed $262,752 with a 30 -year deed restriction. These numbers are subject to change. Project Benefits One of the required findings for approval of a planned development rezone is that 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 Custom PD's 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 A 12 -lot Vesting Tentative Tract Map (TTM 2004-0055) is proposed as part of the project consistent with the proposed Master Plan of Development and proposed PD -25 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). ITEM NUMBER: 3 DATE: 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". 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 12 attached single-family residential units including 2 affordable units within the high-density residential zone. As conditioned, the project incorporates elements that are consistent with the scale and character of the surrounding residential neighborhood. Findings General Plan Amendment As specified in the City's General Plan and Zoning Ordinance, the following findings for the proposed Zone Text Change, Zone Map Change, Conditional Use Permit (Master Plan of Development), and native tree removal must be made in order to recommend approval the proposed project. Establishment of PD -25 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. ITEM NUMBER: 3 DATE: 1 A s -ns 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 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. 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, 1.1.7, 2.1, 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. 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. ITEM NUMBER: 3 DATE: Staff Comment: The proposed residential development will not be detrimental to the general public or working persons health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The proposed project is compatible with the surrounding neighborhood by providing a higher density residential development that is designed to maintain a single-family residential appearance from the Atascadero Avenue frontage. The project has been designed to enhance the appearance along Atascadero Avenue with compatible architecture and project landscaping. 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. Proposed Environmental Determination A Draft Mitigated Negative Declaration was circulated to public agencies and interested members of the public on December 17, 2004. 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. ITEM NUMBER: 3 DATE: Conclusion In staff's opinion, developing the property with a high density attached single-family project 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 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 that all of the required findings for project approval can be made. 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 that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may recommend the City Council deny the project. The parcel would retain its designation of Residential 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: Proposed Mitigated Negative Declaration and Initial Study Attachment 4: Draft Resolution 2005-0003 Attachment 5: Draft Resolution 2005-0004 Attachment 6: Draft Resolution 2005-0005 Attachment 7: Draft Resolution 2005-0006 Attachment 8: Draft Resolution 2005-0007 Attachment 1: Location Map, General Plan and Zoning Atascadero Ave. ITEM NUMBER: 3 DATE: 1-18-05 Subject Sites Attachment 2: Arborist Report See Following ITEM NUMBER DATE: 1-18-05 ITEM NUMBER DATE: 1-18-05 Attachment 3: Proposed Mitigated Negative Declaration and Initial Study See Following ITEM NUMBER DATE: 1-18-05 ATTACHMENT 4: Draft Resolution PC 2005-0003 Approval of Draft Mitigated Negative Declaration DRAFT RESOLUTION PC 2005-0003 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL CERTIFY PROPOSED MITIGATED NEGATIVE DECLARATION 2004-0050 PREPARED FOR ZONE CHANGE 2004-0086, ZONE CHANGE 2005-0095, TENTATIVE TRACT MAP 2004-0055 AND CONDITIONAL USE PERMIT 2004-0132 ON APN 030-281-0149 0159 016 (Atascadero Ave/Caliber Home Developments) WHEREAS, an application has been received from Caliber Home Developments (317 Ocean View Ave, Pismo Beach, Ca 93449) Applicant and Property Owner, to consider a project consisting of a Zone Change from RMF -16 (Residential Multi -family - 16) to RMF-16/PD-25 (Residential Multi -Family -16 with Planned Development Overlay #25) with corresponding Master Plan of Development and Vesting Tentative Tract Map on a 0.85 -acre site located at 6709, 6725, 6735 Atascadero Ave (APN 030-281-014, 015, 016); and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2004-0050 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 January 18, 2004 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 2004-0050 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, ITEM NUMBER: 3 DATE: 1 —1R—ns; 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 Bob Kelley Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A Proposed Mitigated Negative Declaration 2004-0050 ITEM NUMBER DATE: 1-18-05 CITY OF A TASCA DERO PROPOSED A977GAFED NEGA77VE DECLARATION #200 0050 490'ECAfuno2.641:*&A A_r"&N,CA.M42!. $0'.461-f000 Apphc. nt:CAhbw H6tu6D6•.vblau;ut ;1-Ot6Af.':v•A}.•.v Prfm Bo+ch CA 93449 773-3T-7 Pfepect Iftic: -.' Hon6r �ot:.C•Lu.tc'00t-00:.C'on1�3.�liF.P.�Latb04.O13::Ia0tlaraTsfcf]ftj .004 001PiAtoi.l D s b lafi of : nLh s ion 1• f oj cc t Loc; -tion: Project Uc::cfrptKn: ••US}Jwcwlolo};.0 }JAru•16s C'}.5;4".:: ] IL;lml.*I'Al(D),:,fcotrrtrefAnAl-J&Ahoufet A Lou C'LuLp C•oulm watTsoRnud Ata Iots+trz bAc t LTAl. tot U coli t+n; oof.ef t•Ard•.v t,c•.: ra.dvLmol. 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Co waumnf: D:.vlolauo2J lU:lw tu6fd f rl LA; U ofA•L: kffu=i.l Ort 0o ALo x lao3oct •A711 to t l.A:U ALA.l:Uu6 nulac t on d. 6n•.71e LLa6Lt• 1.34 tL: fell '.W 14610 f6d tumtA W t.fu6 Al m6 f 4361011.61+%•1 ndo 9c 14o3oc1.166 Amolou6nt. Prepared By: Dale Po sled: Dec:tul; t 1- '004 PoDt:c Review End:. TAfmAr' ' '00' Attic h me rot s: IA:AhDn _4bmq LIA1• ::It Pl.n Flr :•A to m GiA.1WA2ALAAn..t: Pl.0 IAf.l10410 nu I266 Ptebctnt.Pl.n 000.-ILCA9ff03WAL.3TA' d-g-.T.%:V.tXM L':.LI70FXA9:4__•.30-.4a. W-PAX49.-OIZ ITEM NUMBER DATE: 1-18-05 ATTACHMENT 5: Draft Resolution PC 2005-0004 Approval of Draft Mitigated Negative Declaration DRAFT RESOLUTION PC 2005-0004 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 2004-0086 TO ESTABLISH PLANNED DEVELOPMENT OVERLAY DISTRICT #25 (Atascadero Ave / Caliber Home Developments) WHEREAS, an application has been received from Caliber Home Developments (317 Ocean View Ave, Pismo Beach, Ca 93449) Applicant and Property Owner, to consider a project consisting of a Zone Change from RMF -16 (Residential Multi -family - 16) to RMF-16/PD-25 (Residential Multi -Family -16 with Planned Development Overlay #25) with corresponding Master Plan of Development and Vesting Tentative Tract Map on a 0.85 -acre site located at 6709, 6725, 6735 Atascadero Ave (APN 030-281-014, 015, 016); 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 2004-0050 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: 3 DATE: 1 -1s -ns WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on January 18, 2005, studied and considered Zone Change 2004-0086, 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 Chante Creating a PD -25 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 January 18, 2005 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: 9-3.670 Establishment of Planned Development Overlay Zone No. 25: (PD25). Planned Development Overlay Zone No. 25 may be established in Residential Multi -family zones. The maximum residential density within the planned development shall not exceed the densities allowed by the underlying zoning district and provisions of the Atascadero Municipal Code. The following development standards shall be met by all projects within the PD25 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 proposed projects shall be no fewer than 4 residential units. e) A parent lot or lots shall have frontage on a public street. f) Access off of the public street shall be designed as a parking court if the distance from the back of sidewalk to the terminus of the court is less than 150 feet and shall include the following elements: ITEM NUMBER: DATE: 1-18-05 L 16 feet paved width (decorative concrete or pavers) with 2 foot shoulders of low lying landscaping (subject to Fire Department approval). ii. Decorative paving continuous throughout the parking court. iii. Address marker at the entrance to the court. Multiple parking courts can be joined providing that each court meets the above standards and that only one court per street access be established. g) Access off of the public street shall be designed as a street if the distance from the back of sidewalk to the terminus of the access is greater than 150 feet and shall include the following elements: i. 24 feet paved width (subject to Fire Department approval). ii. Concrete curb and gutter. iii. Sidewalk along one side of the street. h) Appearance of each dwelling unit, site landscaping, site development, and amenities shall be consistent with the Atascadero Appearance Review Manual. All landscaping shown on the approved landscape plan will be installed by the developer and shall be maintained as approved. i) Building setbacks shall be as follows: Setback from public street frontage Setback from parking court/interior street Setback between buildings: Rear yard setback: 12 feet from right-of-way/back of sidewalk (whichever is greater) when minimum 6 foot landscape parkway provided. 18 feet from right-of-way/back of sidewalk (whichever is greater) when no parkway is provided. Porches can encroach up to 3 feet into the required setback. 8 feet to porch 10 feet to front of residence 10 feet minimum to garage (if one car garage proposed, the second parking space must be located in the driveway with a minimum length of 20 feet) 5 feet to side of residence 10 feet minimum (unless attached) 12 feet minimum j) Porches shall be provided for each unit. Porches shall be a minimum of 6 feet deep and a functional width. k) Residential units adjacent to a public street shall be oriented to the public street. 1) A landscaped yard and/or an open space amenity feature shall be located at the terminus of the parking court/street. No garages or vehicle parking are permitted at the court/street terminus. ITEM NUMBER: 3 DATE: 1 -1s -n5 m) 300 square feet of private open space shall be provided for each unit with a minimum dimension of 12 feet. n) Each unit shall include the following: i. 300 cubic feet of shelved storage area. (Bedroom and entry/coat closets shall not count toward this requirement). ii. Dedicated space for laundry facilities with hookups. o) All utilities, including electric, telephone, and cable, within the PD and along the project frontages shall be installed and/or relocated underground. p) Engineered drainage detention basins shall be located within a common area. Multiple basins on individual lots shall not be permitted. All basins shall be landscaped, shall be no deeper than 2 feet, and shall be unfenced. No retaining walls or fencing shall be permitted within the basin area. q) Exterior walls or fencing shall be consistent throughout the project. Design and appearance of fences and/or walls shall be compatible with the design of the dwelling units. Fence posts shall be metal or pressure treated wood. Wood preservative/sealer shall be applied to fence panels. r) All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties. s) Trash shall be stored in individual garages or behind fenced areas on individual lots. Dedicated trash storage area shall be a minimum of 3' x 6' paved area. t) A minimum of one common decorative light shall be provided at the end of the parking court. u) Lot coverage shall not exceed 40% of the net lot area. v) A one -car garage (minimum 11' x 20') shall be required for attached residential units. A two -car garage (minimum 20'x 20') shall be required for detached residential units. w) The total number of parking spaces shall be provided as follows: i. 2 spaces per unit. Both spaces must be located on the individual lot. ii. Guest parking provided at a ratio of 1 space per every 3 units.* *Guest parking may not be located adjacent to the public street frontage. ITEM NUMBER: 3 DATE: 1-18-05 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 Bob Kelley Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: 3 DATE: ATTACHMENT 6: Draft Resolution PC 2005-0005 Approval of Proposed Zoning Map Change RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2005-0095, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 030-281-0149 0159 016 FROM RMF -16 (RESIDENTIAL MULTI- FAMILY —16) TO RMF-16/PD-25 (RESIDENTIAL MULTI -FAMILY — 16/PLANNED DEVELOPMENT OVERLAY #25) (Atascadero Ave / Caliber Home Developments) WHEREAS, an application has been received from Caliber Home Developments (317 Ocean View Ave, Pismo Beach, Ca 93449) Applicant and Property Owner, to consider a project consisting of a Zone Change from RMF -16 (Residential Multi -family - 16) to RMF-16/PD-25 (Residential Multi -Family -16 with Planned Development Overlay #25) with corresponding Master Plan of Development and Vesting Tentative Tract Map on a 0.85 -acre site located at 6709, 6725, 6735 Atascadero Ave (APN 030-281-014, 015, 016); and, WHEREAS, the site's current zoning district is RMF -16 (Residential Multi -family -16); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2004-0050 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 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, ITEM NUMBER: 3 DATE: 1 _18-05 WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on January 18, 2005, studied and considered Zone Change 2005-0095, 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 May of Atascadero Changing the existing site zoning to RMF-16/PD25. 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 January 18, 2005, 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 2. Exhibit B: Zone Map Amendment Diagram ITEM NUMBER: 3 DATE: 1-18-05 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 Bob Kelley Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit B: Zone Map Amendment Diagram 0 Atascadero Ave. r 9 L .1 ITEM NUMBER: 3 DATE: 1-18-05 I Subject Existing Designation: -Residential Multi -family - 16 Proposed Designation: - Residential Multi -Family -16/PD-25 ATTACHMENT 7: Draft Resolution PC 2005-0006 Approval of Proposed Master Plan of Development DRAFT RESOLUTION PC 2005-0006 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2004-0132 (MASTER PLAN OF DEVELOPEMNT) ON APN 030-281-0149 0159 016 (Atascadero Ave / Caliber Home Developments) WHEREAS, an application has been received from Caliber Home Developments (317 Ocean View Ave, Suite 1, Pismo Beach, CA 93449) Applicant and Property Owner, to consider a project consisting of a Zone Change from RMF -16 (Residential Multi -family - 16) to RMF- 16/PD-25 (Residential Multi -Family -16 with Planned Development Overlay #25) with corresponding Master Plan of Development and Vesting Tentative Tract Map on a 0.85 -acre site located at 6709, 6725, 6735 Atascadero Ave (APN 030-281-014, 015, 016); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from RMF -16 (Residential Multi -Family -16) to RMF-16/PD-25 (Residential Multi- Family-16/Planned Development Overlay #25); and, WHEREAS, the PD -25 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 2004-0050 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 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 Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on January 18, 2005, studied and considered the Conditional Use Permit 2004-0132 (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 -25 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 -25 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 January 18, 2005, resolved to recommend that the City Council approve Conditional Use Permit 2004-0132 (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 EXHIBIT C: Landscape Plan EXHIBIT D: Floor Plans Type 1 EXHIBIT E: Elevations Type 1 EXHIBIT F: Floor Plan Type 2 EXHIBIT G: Elevations Type 2 EXHIBIT H: Grading and Drainage Plan EXHIBIT I: Color and Materials Type 1 EXHIBIT J: Color and Materials Type 2 EXHIBIT K: Tree Protection 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 Bob Kelley Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program PD -25 Master Plan of Development (CUP 2004-0132)/ZCH 2004-0086/ZCH 2005-0095 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services Vintage Homes License FD: Fire Department PD -25 Master Plan of Development GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy F0: Final Occupancy Planning Services 1. 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 2004-0086 and ZCH 2005-0095 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 BP/FM PS, CE 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. Any other changes to the Master Plan of Development shall be subject to City Council approval. Any associated Tentative Maps unless shall be subject to Planning Commission approval. 4. Approval of this Conditional Use Permit shall be valid for twenty-four (24) BP/FM PS months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 5. The applicant shall defend, indemnify, and hold harmless the City of Ongoing 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 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 the BP PS Master Plan of Development as shown in EXHIBIT E, G, I, 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. • All trash storage, recycle storage, and air conditioning units shall be screened from view behind architecturally compatible or landscaped Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business BS: Building Services Vintage Homes License FD: Fire Department PD-25 Master Plan of Development GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer Fl: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy F0: Final Occupancy enclosures; ■ Stucco siding shall be smooth troweled or similar. No machine finishes will be permitted. ■ Roofs shall be architectural grade dimensional shingles. 8. All site development shall comply with the standards of the Planned BP PS, BS Development 25 Overlay District. 9. 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, and H. 10. All project fencing shall be installed consistent with EXHIBIT B and C subject GP/BP PS to the following modifications: ■ Fencing material and treatment shall comply with the PD25 standards. ■ All fencing shall be recessed from the fagade of the units along all street and parking court frontages. 11. Final selection of colors and materials identified in EXHIBIT I and J shall be GP/BP PS subject to staff approval. 12. 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 C, 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. ■ Parking court 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. 13. The developer and/or subsequent owner shall assume responsibility for the continued maintenance of all landscape and common areas, consistent with EXHIBIT C. 14. Affordable Housing Requirement: The applicant shall deed restrict a GP/BP PS, CA minimum of 2 residential units for 30 years, prior to or concurrently with the Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business BS: Building Services Vintage Homes License FD: Fire Department PD -25 Master Plan of Development GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer Fl: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy F0: Final Occupancy final map, at a moderate income rate. All units shall be distributed throughout the project, subject to staff approval. 15. Workforce Housing: Prior to recordation of final map, the applicant shall enter BP PS, CA 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. 16. 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. 17. 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. 18. 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 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business BS: Building Services Vintage Homes License FD: Fire Department PD-25 Master Plan of Development GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer Fl: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy F0: Final Occupancy costs related to the project. 19. 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. 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 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. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business BS: Building Services Vintage Homes License FD: Fire Department PD -25 Master Plan of Development GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer Fl: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy F0: Final Occupancy 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 4 Native Trees, totaling 76 BP PS, BS inches dbh. The 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 the existing sycamore trees located along the Atascadero frontage prior to the issuance of building permits. Should these trees be damaged beyond repair due to construction of the project, the mitigation deposit will be retained by the City and the developer shall replant with like species, 24" box size or greater. City Engineer Conditions PROJECT SPECIFIC CONDITIONS Drainage: 22. Obtain approval by the City Engineer of the grading & drainage plan and the BP, GP CE storm drain design & facilities. 23. Submit calculations to support the design of any structures or pipes. Closed BP, GP 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. 24. Provide for the detention of the 50 year developed storm runoff, while BP, GP CE metering out the 2 year undeveloped storm runoff. Metered runoff must follow existing drainage patterns. 25. Show the method of dispersal at all pipe outlets. Include specifications for size BP, GP CE & type. 26. Acquire drainage easements where needed. Drainage shall cross lot lines BP, GP CE only where a drainage easement has been provided. 27. Concentrated drainage from off-site areas shall be conveyed across the BP, GP CE project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement can not be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. Public Improvements and Maintenance: Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business BS: Building Services Vintage Homes License FD: Fire Department PD -25 Master Plan of Development GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer Fl: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy Atascadero Avenue 28. 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. 29. All public improvements shall be constructed in conformance with the City of 1313, GP CE Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 30. Full frontage improvements are required with this development. These include BP, GP CE curb, gutter, sidewalk and paveout. Public Improvement plans shall be submitted detailing the design. 31. Prior to issuance of building permits, the applicant shall submit a grading and 13P, GP CE drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. SANITARY SEWER CONDITIONS 32. The Public Works Department shall approve all wastewater facilities prior to BP, GP WW construction. This includes pumps, force mains, cleanouts, manholes and connections. 33. Applicant shall pay sewer extension (annexation) fees upon issuance of BP, GP WW building permit. Sewer Connection and Reimbursement fees shall be payable upon actual connection of the building sewer to the public sewer system. 34. Gravity mains and other sewer facilities within the subdivision shall be 13P, GP WW privately owned and maintained. 35. Gravity mains within the subdivision shall be eight (8) inches in diameter. 1313, GP WW 36. Gravity main onsite shall end in a manhole. BP, GP WW STANDARD CONDITIONS Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business BS: Building Services Vintage Homes License FD: Fire Department PD -25 Master Plan of Development GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer Fl: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy F0: Final Occupancy 37. All public improvements shall be constructed in conformance with the City of BP, GP CE Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 38. In the event that the applicant is allowed to bond for the public improvements FM CE required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 39. An engineer's estimate of probable cost shall be submitted for review and FM CE approval by the City Engineer to determine the amount of the bond. 40. The Subdivision Improvement Agreement shall record concurrently with the FM CE Final Map. 41. The applicant shall be responsible for the relocation and/or alteration of BP, GP CE existing utilities. 42. The applicant shall install all new utilities (water, gas, electric, cable TV and BP, GP CE telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 43. The applicant shall monument all property corners for construction control and FM CE shall promptly replace them if disturbed. 44. The applicant shall acquire title interest in any off-site land that may be FM CE required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 45. Slope easements shall be provided as needed to accommodate cut of fill FM CE slopes. 46. Drainage easements shall be provided as needed to accommodate both FM CE public and private drainage facilities. 47. 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. 48. 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. 49. Prior to recording the tract map, the applicant shall 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 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business BS: Building Services Vintage Homes License FD: Fire Department PD -25 Master Plan of Development GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer Fl: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy F0: Final Occupancy be retraced. 50. Prior to recording the tract map, the applicant shall pay all outstanding plan check/inspection fees. 51. Prior to recording the map, the applicant shall complete all improvements FM CE required by these conditions of approval 52. Prior to recording the tract map, the applicant shall have the map reviewed by FM CE all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the map. 53. Upon recording the final map, the applicant shall provide the City with a black FM CE line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 54. Prior to the final inspection of any public improvements, the applicant shall FM CE submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 55. Prior to the final inspection, the applicant shall submit a written certification BP, GP CE from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 56. An encroachment permit shall be obtained prior to any work within City rights BP, GP CE of way. 57. Prior to the issuance of building permits the applicant shall submit a grading BP, GP CE and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. Atascadero Mutual Water Company 58. 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. 59. Before the start of construction on the water system improvements, the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business BS: Building Services Vintage Homes License FD: Fire Department PD-25 Master Plan of Development GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer Fl: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy F0: Final Occupancy 60. Before issuance of building permits, the applicant shall obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. 61. 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. 62. The applicant is responsible for designing and constructing water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. 63. The applicant shall obtain a separate landscape-irrigation meter from AMWC for the common areas within the project. Landscaping for common areas shall be drought-tolerant. The landscaping for common areas shall conform to the mitigation measures noted in Table II-7, Hydrology and Water Quality, of the General Plan 2025. The applicant shall keep the use of turf grass in common area landscaping and in other areas to a minimum. Mitigation Measures Mitigation Measure 1.c.1: Proposed residences shall utilize a darker earth BP PS 1.C.1 toned colors with compatible accent colors throughout the project. The proposed development shall respect the historic nature of the neighborhood by utilizing smooth finish stucco and traditional scaled windows. The shared driveway shall be of a decorative nature to minimize the visual impact of the paved area. Mitigation Measure 1.d.1: Exterior lighting shall be limited to wall mounted BP PS 1.d.1 building lighting only. All exterior lighting shall be designed to eliminate any off site glare and shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Fixtures shall be shield cut-off type and compatible with historic setting, subject to staff approval. 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. ■ 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 Conditions of Approval / Mitigation Monitoring Program Vintage Homes PD -25 Master Plan of Development Timing BL Business License GP: Grading Permit BP: Building Permit Fl: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 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 Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business BS: Building Services Vintage Homes License FD: Fire Department PD -25 Master Plan of Development GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer Fl: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy F0: Final Occupancy Mitigation Measure 4.e.1: The Grading Plan shall identify tree protection GP PS 4.e.1 fencing around the dripline of each existing on-site or off-site native tree within 20 feet of construction activity. 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. Mitigation Measure 4.e.3: An arborists report shall be required prior to project GP PS 4.e.3 implementation. The report shall identify each native tree proposed for removal and each tree within the project area subject to potential impact. The report shall provide recommendations for tree pruning, tree protection of existing native trees to remain, and identify native tree impact/replacement mitigation per the Atascadero Municipal Code Section 9-11.105. Mitigation Measure 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. Mitigation Measure 6.c.d: A soils report shall be required to be submitted with GP BS 6.c.d 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: 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. Conditions of Approval / Mitigation Monitoring Program Vintage Homes PD -25 Master Plan of Development Timing BL Business License GP: Grading Permit BP: Building Permit Fl: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Mitigation Measure 11.d: All construction activities shall comply with the City of Ongoing BS/PS 11.d Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. EXHIBIT B: Master Plan of Development/Site Plan and ONRCV:)9V1V1 EXHIBIT C: Landscape Plan f�d k-8 1! 1 1 t !!1 fill 1! Iflfttf!!!�!!tlfllt([f(fif �a if!}I flit Illtill�el�lj�l+elllil�ni a I ' [ a s u o � o J ° H b ' a w u Z O u It'll '0 4 IF w w .a. J LIJ 3Av, aawv iid _ i C G 0 LU �n Q EXHIBIT D: Floor Plans Type 1 EXHIBIT E: Elevations Type 1 gg 00- EXHIBIT F: Floor Plan Type 2 EXHIBIT G: Elevations Type 2 EXHIBIT H: Grading and Drainage Plan tw�afnz.w �M^fd ONJQYNO QIT v2'/ ..Vw.w ....w,.o sdrrm�a TTreaw sNoIsIn3a 3T•JR JIHdYNO � aq �� o� 8 i �dRA• �J -E Olp a O I O 4. p © ItAA; giQ AT elm O "-O �F a "^ lit, \gQFFFF eeeeeeee lip omqg i a gg { EXHIBIT I: Color and materials Type 1 ROOM Orcle CORN46 YIOODLREST COLLECTION SYCAMORE TRIM8NIM70A8 -FRAZEE T02A OAKBLFF UPPER SDIN6 -8' E)MOSED HARDY BOARD SIDING _I9AgE 85941 SOLID GREY LONER 510IW5 STUCCO -FRAZEE 8555D ALDE4 CHARCOAL v OP$ -FRA= ACIISN 5PICED RJM CLOPAY PREMIUM SERIES ELESANT LONG PANEL PAINT TO MATCH BOW COLOR ROOFING ONENS CORNIN6 AOODCRE5T CO _=TION SYCAMORE TRIM/W'!LJOryS -FRAZEE 7152A OAKBJFF J= SIDING -8 EXP05ED HARDY BOARD SIDINS -FRAZEE 8684'Y OAK FLATS LOYER 51PINO STU"W -FRAZEE 86957 THATCH R005- ALL OOF ALL 70085 -FRAZEE AVION SPICED RI.M 0ARAOE_20M CLOPAY PREMIUM SERIES ELESANT LON$ PANEL PAINT TO MATCH BOW W -OR TYPE ONE OPTION #1 BLDG B&D LIGHT FUTURES KITCHLER KI.96 3CV OPTION #2 BLDG C&E -EXPOSED AGREGATE CONCRETE NAVAJO RED -BRICK PAVER CIImmur BROWN ROOF OWENS CORNING WOODCRE917COLLECTION SYCAMORE VINTAGE HOMES 6709-6735 Atascadero Ave Atascadero, CA EXHIBIT J: Color and Materials Type 2 INPE TWO O✓M1`ES GORNINS -� N'OODGRE5T COIF TION- _i. 5YCAMORE___ `- '1 ml!'/ vors -- FRAZEE 775bV _ -- - OAKeUFF--- _.... 4PPER SIDING --. -8* EXPOSED HARDY ._ •.-.....-.. BOARD SIDINS _._ -FRAZEE bWM BACKPACK LOMER 51DIN6 -4-1/2" EXPOSED HARDY : I BOARD 50IN6 _ _ M - RAZEE!%bLM _ --f- 4i DnM4BACKPACK —_ -FRAZEE AG113N --/��y� SP CED RUM /—__ ,�/, 01TION IO #1 BLD(: A OMENS GOR41N6 AOODCREST COLLECTION SYCAMORE _ __ _ TRIMMUNDOYIS FRAZEE 7752A OAKBLFF VPPER 5'DIN6 -8EXPOSED HARDY BOARD SIDING -FRAIL_ b"W GRISTMILL LOrER SIDING -FRAZEE 66M 6R15TM,LL ALL DOORS -FRAZEE A4I13N SPICED RUM CLOPAY PERMILM SERIESOPTION #2 ELEGANT LONG PANEL PAINTY � BOR BLDG F LIGHT F9X URES ROAD BURFACF✓PATIO ROOF KITCHLER -EXYOtSEDAGREGATECONCRErE OWENSCORNING NAV.UO RED WOODCRESTCOLLECTION KI.96lb0 -BRICK P:1YER SYCAMORE ('I I FSrrN I T BROWN VINTAGE HOMES 6709-6735 Atascadero Ave Atascadero, CA EXHIBIT K: Tree Protection plan Ia■ i,!E,{ € B �, T I 4 I, I x N 0 q '3nb 0213GV�671V '� ' i 1 . 7 `f jJst IN d j list' /1 li' � i:�i � +��' C� [tat 1 �f i+l �::fa �1��;� j►��i t.. !+1 l• d {aJ a• t E { �1+. ,j� if 11,E i1; i .{l s�.a tl j�f{GJ ,G.GtlilG+ fit �I NJ 1lllftt `�'ll,lll{'ll c la { +'ii� tf lii ��f:li'• 1jJ��j iE it, {t r=3i Iltttai .G i leJiNa,{1 t' jlllllllllll illIf itt{l.rii�l{l�;l{�1 ;eli, i�l;le 1 111i Jlll' f.' , fjlE;ifEBtl,�fl{�t�tt'I](i ..........iJ3 t fill 11 ��8 J:i�1e{8,J8ld,l x . d,+li, E�alF1.1{.iladf {�11{{1�dll ,:G all ieeeSESaeS E J ATTACHMENT 8: Draft Resolution PC 2005-0007 Approval of Proposed Vesting Tentative Tract Map DRAFT RESOLUTION PC 2005-0007 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE VESTING TENTATIVE TRACT MAP 2004-0055, A TWELVE LOT SUBDIVISION CONSISTENT WITH A MASTER PLAN OF DEVELOPMENT ON APN 030-281-0149 0159 016 (Atascadero Ave / Caliber Home Developments) WHEREAS, an application has been received from Caliber Home Developments (317 Ocean View Ave, Suite 1, Pismo Beach, Ca 93449) Applicant and Property Owner, to consider a project consisting of a Zone Change from RMF -16 (Residential Multi -family - 16) to RMF- 16/PD-25 (Residential Multi -Family -16 with Planned Development Overlay #25) with corresponding Master Plan of Development and Vesting Tentative Tract Map on a 0.85 -acre site located at 6709, 6725, 6735 Atascadero Ave (APN 030-281-014, 015, 016); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from RMF -16 (Residential Multi -Family -16) to RMF-16/PD-25 (Residential Multi- Family-16/Planned Development Overlay #25); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2004-0050 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 Vesting 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 January 18, 2005, studied and considered Tentative Tract Map 2004- 0055, 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: 1. The proposed subdivision, design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements, including provisions of the PD -25 overlay district. 2. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District #25 Master Plan of Development (CUP 2004-0132). 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 January 18, 2005, resolved to recommend that the City Council approve Vesting Tentative Tract Map (TTM 2003-0055) subject to the following: 1. Exhibit A: Vesting Tentative Tract Map 2003-0055 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 Bob Kelly Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Vesting Tentative Tract Map nf. • ,l WR -M ,WN O[[[ -IK 49[.3 Tcl,c �My�g1p ey KYC..J h1�T II.K OAgll M'10{ 'MKip p _�, {� il. IIYJ 'A.dMVN S 4[li d OMM 01[RGK I,; —_'� SYM:n9SY • �iNtl1AInMl 9YDJ5Y 1 ,UB 4 r< � :niwr 4. ^udJly dJ !✓ a E, a z o �eF r r y� � � $ n 000000000® CSC v — M1..:e .J �A WK1v d177rHd nes tnv SNOISW b b; o e C) . C C C C 1 lit J. p9t Exhibit B: Conditions of Approval / Mitigation Monitoring Program Tentative Tract Map 2004-0055 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Vintage Homes BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2004-0055 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. FO: Final Occupancy Planning Services 1. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2004-0086 and ZCH 2005-0095 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 030-281-014, 015, 016) regardless of owner. 5. The Final Map shall be drawn in substantial conformance with the FM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 6. The subdivider shall defend, indemnify, and hold harmless the City of FM PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 7. The Tract Map shall be subject to additional fees for park or recreation FM PS purposes (QUIMBY Act) as required by City Ordinance. 8. The emergency services and facility maintenance costs listed below BP PS shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Vintage Homes SIP: Subdivision FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2004-0055 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Camp. F0: Final Occupancy required by the City with regard to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 9. All tract maintenance costs listed below shall be 100% funded by the BP PS project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. ■ All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. ■ All parks, trails, recreational facilities and like facilities. ■ All open space and native tree preservation areas. ■ All drainage facilities and detention basins. ■ All creeks, flood plains, floodways, wetlands, and riparian habitat areas. ■ All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. ■ All frontage landscaping and sidewalks along arterial streets 10. Prior to final map, the applicant shall submit CC&Rs for review and BP PS approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping in perpetuity. b) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Vintage Homes SIP: Subdivision FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2004-0055 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Camp. F0: Final Occupancy 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. 11. Affordable Housing Requirement: The applicant shall deed restrict a GP/BP PS, CA minimum of 2 residential units for 30 years, at the moderate income rate: All units shall be distributed throughout the project, subject to staff approval. 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 Ongoing PS the continued maintenance of all landscape and common areas. City Engineer Conditions PROJECT SPECIFIC CONDITIONS Drainage: Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Vintage Homes BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2004-0055 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Camp. F0: Final Occupancy 14. Obtain approval by the City Engineer of the grading & drainage plan and BP, GP CE the storm drain design & facilities. 15. Submit calculations to support the design of any structures or pipes. BP, GP CE Closed conduits shall be designed to convey the 10 -year flow with gravity flow, the 25 -year flow with head, and provide safe conveyance for the 100 year overflow. 16. Provide for the detention of the 50 year developed storm runoff, while 13P, GP CE metering out the 2 year undeveloped storm runoff. Metered runoff must follow existing drainage patterns. 17. Show the method of dispersal at all pipe outlets. Include specifications for BP, GP CE size & type. 18. Acquire drainage easements where needed. Drainage shall cross lot lines BP, GP CE only where a drainage easement has been provided. 19. Concentrated drainage from off-site areas shall be conveyed across the BP, GP CE project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement can not be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. Public Improvements and Maintenance: Atascadero Avenue 20. The applicant must provide for the repair and maintenance of on-site FM CE shared improvements. This includes roads, sidewalks, street trees, streetlights, private sewer system, drainage facilities, recreation areas and common landscaping. The two methods that may be used are: a. Homeowners Association. This private organization would be responsible for the maintenance, repair and replacement of the facilities. b. Assessment District and Landscape and Lighting District. Funds for the maintenance, repair and replacement of the facilities would be collected on the property tax bill and distributed to the City. 21. The City Engineer and City Attorney shall approve the final form prior to recordation. 22. All public improvements shall be constructed in conformance with the City BP, GP CE of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Vintage Homes SIP: Subdivision FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2004-0055 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Camp. F0: Final Occupancy 23. Full frontage improvements are required with this development. These BP, GP CE include curb, gutter, sidewalk and paveout. Public Improvement plans shall be submitted detailing the design. 24. Prior to issuance of building permits, the applicant shall submit a grading BP, GP CE and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. SANITARY SEWER CONDITIONS 25. The Public Works Department shall approve all wastewater facilities prior BP, GP WW to construction. This includes pumps, force mains, cleanouts, manholes and connections. 26. Applicant shall pay sewer extension (annexation) fees upon issuance of BP, GP WW building permit. Sewer Connection and Reimbursement fees shall be payable upon actual connection of the building sewer to the public sewer system. 27. Gravity mains and other sewer facilities within the subdivision shall be BP, GP WW privately owned and maintained. 28. Gravity mains within the subdivision shall be eight (8) inches in diameter. BP, GP WW 29. Gravity main onsite shall end in a manhole. BP, GP WW STANDARD CONDITIONS 30. All public improvements shall be constructed in conformance with the City BP, GP CE of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 31. In the event that the applicant is allowed to bond for the public FM CE improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 32. An engineer's estimate of probable cost shall be submitted for review and FM CE approval by the City Engineer to determine the amount of the bond. 33. The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map. 34. The applicant shall be responsible for the relocation and/or alteration of BP, GP CE existing utilities. 35. The applicant shall install all new utilities (water, gas, electric, cable TV BP, GP CE and telephone) underground. Utilities shall be extended to the property Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Vintage Homes SIP: Subdivision FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2004-0055 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Camp. F0: Final Occupancy line frontage of each lot or its public utility easement. 36. The applicant shall monument all property corners for construction control FM CE and shall promptly replace them if disturbed. 37. The applicant shall acquire title interest in any off-site land that may be FM CE required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 38. Slope easements shall be provided as needed to accommodate cut of fill FM CE slopes. 39. Drainage easements shall be provided as needed to accommodate both FM CE public and private drainage facilities. 40. 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. 41. 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. 42. Prior to recording the tract map, the applicant shall set monuments at all FM CE new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 43. Prior to recording the tract map, the applicant shall pay all outstanding plan check/inspection fees. 44. Prior to recording the map, the applicant shall complete all improvements FM CE required by these conditions of approval 45. 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 map. 46. Upon recording the final map, the applicant shall provide the City with a FM CE black line clear Mylar (0.4 mil) copy and a blue line print of the recorded Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Vintage Homes SIP: Subdivision FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2004-0055 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Camp. F0: Final Occupancy map. 47. Prior to the final inspection of any public improvements, the applicant shall FM CE submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 48. Prior to the final inspection, the applicant shall submit a written certification BP, GP CE from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 49. An encroachment permit shall be obtained prior to any work within City BP, GP CE rights of way. 50. Prior to the issuance of building permits the applicant shall submit a BP, GP CE grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. 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 the start of construction on the water system improvements, the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. 53. Before issuance of building permits, the applicant shall obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. 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. 55. The applicant is responsible for designing and constructing water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Vintage Homes BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2004-0055 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Camp. F0: Final Occupancy 56. The applicant shall obtain a separate landscape -irrigation meter from AMWC for the common areas within the project. Landscaping for common areas shall be drought -tolerant. The landscaping for common areas shall conform to the mitigation measures noted in Table II -7, Hydrology and Water Quality, of the General Plan 2025. The applicant shall keep the use of turf grass in common area landscaping and in other areas to a minimum. Mitigation Measures Mitigation Measure 1.c.1: Proposed residences shall utilize a darker earth BP PS 1.c.1 toned colors with compatible accent colors throughout the project. The proposed development shall respect the historic nature of the neighborhood by utilizing smooth finish stucco and traditional scaled windows. The shared driveway shall be of a decorative nature to minimize the visual impact of the paved area. Mitigation Measure 1.d.1: Exterior lighting shall be limited to wall mounted BP PS 1.d.1 building lighting only. All exterior lighting shall be designed to eliminate any off site glare and shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Fixtures shall be shield cut-off type and compatible with historic setting, subject to staff approval. Mitigation Measure 3.15.1: The project shall be conditioned to comply with BP BS 3.b.1 all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. ■ 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 Conditions of Approval / Mitigation Monitoring Program Vintage Homes Vesting Tentative Tract Map TTM 2004-0055 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary occupancy FI: Final inspection F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Camp. Mitigation Measure 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; (13) 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 4.e.1: The Grading Plan shall identify tree protection GP PS 4.e.1 fencing around the dripline of each existing on-site or off-site native tree within 20 feet of construction activity. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Vintage Homes BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2004-0055 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Camp. F0: Final Occupancy Mitigation Measure 4.e.2: Grading and excavation and grading work shall GP PS 4.e.2 be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within 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 4.e.3: An arborists report shall be required prior to GP PS 4.e.3 project implementation. The report shall identify each native tree proposed for removal and each tree within the project area subject to potential impact. The report shall provide recommendations for tree pruning, tree protection of existing native trees to remain, and identify native tree impact/replacement mitigation per the Atascadero Municipal Code Section 9-11.105. Mitigation Measure 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. 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: 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. Conditions of Approval / Mitigation Monitoring Program Vintage Homes Vesting Tentative Tract Map TTM 2004-0055 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary occupancy FI: Final inspection F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Camp. Mitigation Measure Mitigation Measure 11.d: All construction activities shall comply with the Ongoing BS/PS 11A City of Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. ITEM NUMBER: DATE: 18- 05 TO BE CONTINUED TO A DATE UNCERTAIN CONDITIONAL USE PERMIT 2003-0089, TENTATIVE TRACT MAP 2004-0050, CURBARIL BUSINESS CENTER Applicant: Kelly Gearhart, 6205 Alcantara Ave., Atascadero, CA 93422, Phone: 461- 7504 Project Title: Conditional Use Permit 2003-0089, Tentative Tract Map 2004-0050, Curbaril Business Center Project Curbaril Ave, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 031-161-024 Project The project consists of a Master Plan of Development for a 9 building Description: commercial office center and associated 8 -lot Tentative Tract Map. The project site currently consists of 2 parcels, one of which is vacant. Two driveways located off of Curbaril Avenue will serve the proposed project. The project includes full frontage improvements along Highway 41 (Morro Rd). 8 native trees are proposed for removal. General Plan Designation: General Commercial Zoning District: Commercial Retail / PD 3 Proposed Based on the initial study prepared for the project, a Mitigated Negative Environmental Declaration is proposed. The proposed Negative Declaration is available for Determination: public review at 6905 El Camino Real, Suite 6, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. \\Cityhall\cdvlpmnt\- CUP - Conditional Use Permits\CUP 03\CUP 2003-0089 Curbaril-Mono Rd.mixed use\PC To Be Continued to a Date Uncertain.am.doe ITEM NUMBER: DATE Atascadero Planning Commission Staff Report - Community Development Department EI Camino Real Quick Lube & Car Wash CUP 2004-0144 (Atascadero Enterprises) RECOMMENDATIONS: 1. The Planning Commission deny CUP 2004-0144 based on findings. Situation and Facts: 1. Applicant / Representative: Atascadero Enterprises 2505 Theatre Drive Paso Robles, CA 93446 2. Project Address: 7095 EI Camino Real (APN 030-081-008) (San Luis Obispo County). 3. General Plan Designation: GC - General Commercial 4. Zoning District: CR (Commercial Retail) 5. Site Area: 17,059 Square feet 6. Existing Use: Vacant building 7. Environmental Status: Not determined, and has not been prepared. r A AO AL DISCUSSION: Background: In November 2003, staff presented preliminary plans for an automotive maintenance oil and lube facility with a car wash on the subject site to the Planning Commission. Although the Commission offered differing opinions regarding the proposed use, it is staff's understanding that the Commission majority does not support this use at the proposed site. Staff has met and communicated with the applicant and the applicant's representative on several occasions since the above - stated Commission meeting, each time communicating that the required CUP findings for the project could not be made and the project would not be supported by the staff. On December 6, 2004, the applicant submitted a Conditional Use Permit application for the oil, lube and car wash facility. Staff again met with the applicant to express concern about the project's compatibility with downtown in order to resolve this issue quickly, the applicant and staff agreed to bring this to the Planning Commission for resolution. Summary: The project site is located adjacent to the City's downtown, south of the Hwy 41 /El Camino Real intersection and opposite of the U.S. Highway 101 EI Camino Real northbound off -ramp. The project site is within the Rite-AideNon's commercial center which is designated as a Prime Commercial Site by the City Council. In addition, Caltrans is working on substantial improvements to U.S. Highway 101 interchange and new northbound on and off -ramps across from the project site creates an important "gateway" and amenity to the City, and more importantly to the downtown planning area. The Caltrans project is scheduled to begin in 2006. Analysis: Project Definition - The project consists of constructing a new 2,750 square foot 3 -bay automotive maintenance lube and oil garage with an attached waiting room and drive- through car wash facility. The proposed project would include eight vehicle parking spaces and a large 58 -foot wide paved driveway to accommodate an eleven vehicle queuing area entering and exiting the facility. The building site has been oriented to receive vehicles from the rear of the building. Upon servicing or washing, vehicles would exit out of the front on to EI Camino Real. The architectural style is Mediterranean with stucco and concrete block siding and Spanish tile roofing. A trellised patio area is proposed in front of the enclosed waiting lobby. Landscaping is proposed along the front and side site perimeter. The existing non- conforming pole sign is proposed to be utilized for signage. Other signage is proposed on the building walls. Downtown Area Planning and Improvement Projects - The Downtown Revitalization plan illustrates improvements envisioned for the economic revitalization of the downtown area. The following exhibit illustrates the various areas of improvement within the downtown area, including the Hwy 41/EI Camino Real gateway. East Mall and West Mall as one way streets Extend East Mall and West Mall to complete circulation Expansion of municipal facil ties Pedestrian connection and parlang for Stadium Park Senior housing and center � � '�• • L �_ Reuse of existing _ Crosswalk enhancements' ;I r gyrmmnaslum as Community Cutturdl, long downtown streets Performing Arts Center Large scale moll of PedesMan access & extension of Enirdda ,6 �. ^ . vegetation along Avenue _ 1 Atascadero, Creek ; i Muth -Story mixed �'` «'�' v+ Office park uses with commercial ny e `♦ on ground floor and New bridge connecting offices or residential r, - Lewis Ave. and on second story ` 4 Santa Ysabel ,� r y r m Large scale f entertainment '� i Gateway feature E r [ r New pedestrian bridge J Pedestr on mall wtth ` Gateway feature Pocket Parks Mum -Story MuhiStory commercial/office commercial/office Sheet trees and medicns Focal point Pedest an cr access to along EI Camino Real Sn le -Story buildings g ngs provide better connect to la r network of hails 4tsibility of downtown from freeway Ataseader Proposed Quick Lube & Car Wash In addition, the following projects represent ongoing substantial economic investment and commitment by the City regarding the revitalization of downtown Atascadero: • Downtown Fagade Improvement Program • Carlton Hotel Opening • Carlton Hotel Parking Lot • EI Camino Real Downtown Streetscape • U.S. Highway 101/Morro Road/ EL Camino Real Interchange Improvements • Gardens Improvement Plan • Lewis Avenue Bridge Plan • Colony Square Plan (Refer to below exhibit) • Corporation Yard Relocation • Youth Center Project The following exhibits identify the proposed project in relation to key planning activities, developments, and City investments in the revitalization of downtown. 40 �AIPP Downtown 4 IV "W te Lo8caition 11101 New4e e & interchange _'Add,w. Parking 'Ad.io—do. Z ZZ M� '0. no"I s_may C - S - ken Gard — Highway 10t Norms T. P— R.N. & "4 Creek R—d.. & C—ke! .7 i Nd =e rg -T. AIo h X' S6-1 A— Nd..i- St --Pr Enhaneemrnts A Living. Shopping & linnrrainrnent Villxgr Proposed Quick Lube & I Car Wash I "- .L� T.S'PnM'Oi$Obispo Hi 4t W— B—h' T. NI.— Ba, & H— C.je Proposed Quick Lube & I Car Wash I General Plan Inconsistency Staff finds the proposed request is inconsistent with the 2002 General Plan goals and policies at the proposed site for the following reasons: A. First Impression: The site will be highly visible and provide a "first impression" to visitors and residents exiting northbound U.S. Highway 101. The General Plan refers to "Gateways", meaning areas requiring special design and emphasis on the positive qualities of the City of Atascadero. In this case, the site also offers a gateway importance to the City's downtown area. A similar local gateway example is the special landscape and monumentation treatment applied to the northbound Spring Street off -ramp in Paso Robles, offering residents and visitors a positive impression of the City and ultimately its downtown commercial area. Staff believes that the proposed use and facility are inconsistent with the gateway concept and would not contribute to the revitalization of downtown. B. Noise: The site is an automobile maintenance use and car wash which will introduce associated noise to the areas. This shopping center has been designated as a prime commercial site by the City Council. This designation was applied to the site in anticipation of possible future master planning to attract retail and dining uses that will enhance this central gateway commercial location and provide positive synergy to the revitalization of the City's downtown commercial area. C. Traffic: The proposed facility will include up to four rows of vehicles entering and exiting the facility during peak operations. The customer will patronize this facility for convenience of quick vehicle maintenance, entering and exiting the premises by automobile. Again, this quick automobile servicing use is contrary to the types of uses envisioned within the General Plan for gateways and revitalization of the downtown commercial area. As analyzed above, an automobile oil and lube maintenance with car wash facility at the proposed location is inconsistent with the following General Plan Policies: • General Plan Policy 1.3: Enhance the rural character and appearance of the City, including commercial corridors, gateways and public facilities. • General Plan Policy 2.1: Ensure that new development is compatible with existing and surrounding neighborhoods. • General Plan Policy 3.1: Encourage retail businesses at efficient and attractive nodes along El Camino Real and Morro Road... • General Plan LOC 4: Provide for a strong and distinctive Downtown Area. • Policy 4.2: Enhance the appearance of the downtown area and improve pedestrian circulation. Findings Each of the five following Findings must be made for project approval. As analyzed above, it is staff's opinion that required finding # 1 and #4 cannot be made: 1. The proposed use is consistent with the General Plan. Staff Comment: The proposed use is inconsistent with the General Plan. As analyzed above, the project is inconsistent with General Plan Policies specifically related to gateway treatments (first impression, noise and traffic) and revitalization efforts within the adjacent downtown area. 2. The proposed use satisfies all applicable provisions of the Zoning Ordinance. Staff Comment: Although the project is not an allowed use within the Commercial Retail Zoning District (requiring Planning Commission approval of a Conditional Use Permit), the project may satisfy other zoning provisions. The project Conditional Use Permits are required in order to allow the City an opportunity to review the appearance and the appropriateness of the specific use within the location proposed for such use. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental of injurious to the property or improvements in the vicinity and the use. Staff Comment: Although not analyzed, the proposed use may be consistent with this finding. 4. The proposed use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. Staff Comment: The proposed use at the proposed site is inconsistent with the City's General Plan and downtown area planning. The project is inconsistent with General Plan Policies specifically related to gateway treatments (first impression, noise and traffic) and revitalization efforts within the Von's/Rite Aide Shopping Center, and within the adjacent downtown area. 5. The proposed use will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, 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: Although traffic volumes have not been analyzed, the proposed use may be consistent with this finding. Environmental Determination No determination is required under CEQA for a project denial. If the project is not denied, an environmental determination will be required. CONCLUSION: The proposed project does not meet the City's General Plan goals and objectives when considering the proposed use on the subject site. Proposed architecture and landscaping does not justify the proposed use. Findings cannot be made for project approval. ALTERNATIVES: 1. The Planning Commission may continue the hearing and refer the project back to staff for complete analysis. Direction may be given to staff and the applicant on required additional information. PREPARED BY: Steve McHarris, Deputy Community Development Director ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Existing project area aerial Attachment 3: Proposed preliminary project plans ATTACHMENT 2: Draft Resolution PC 2005-0008 Denial of Conditional Use Permit DRAFT RESOLUTION PC 2005-0008 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO DENYING CONDITIONAL USE PERMIT (CUP 2004-0144) APN 030-081-008 (Atascadero Enterprises) WHEREAS, an application has been received from Atascadero Enterprises (2502 Theatre Drive, Paso Robles, CA 93446), applicant and property owner, to consider a project consisting of a 2,750 square foot 3 -bay automotive maintenance lube and oil garage with an attached waiting room and drive-through car wash facility located at 7095 El Camino Real (APN 030-081-008); and, WHEREAS, the site's General Plan Designation is GC (General Commercial); and, WHEREAS, the site's current zoning district is CR (Commercial Retail); and, WHEREAS, the site is designated as a Prime Commercial Site by the City Council; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on January 18, 2005, studied and considered the Master Plan of Development (CUP 2004-0144), and NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Denial of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project is not consistent with the General Plan; and, 2. The proposed project satisfies all applicable provisions of the Zoning Ordinance; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. The proposed project is inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and, 5. The proposed project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from the full development in accordance with the Land Use Element. SECTION 2. Denial of Conditional Use Permit. The Planning Commission does hereby deny Conditional Use Permit 2004-0144 to establish a 2,750 square foot 3 -bay automotive maintenance lube and oil garage with an attached waiting room and drive-through car wash facility located at 7095 El Camino Real (APN 030-081-008). On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA Bob Kelley Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ATTACHMENT 3: Project Site Aerial 14 F a1� t 0,V 4WF14 Aft ,� v ii � I�, •71• . �y t ikkl o, Project , t ;,.�►: Site ATTACHMENT 4: Proposed Conceptual Site Plan ATTACHMENT 4: Proposed Elevations ATTACHMENT 4: Proposed Landscape DEC 6 CQ MUNITY DE lit ►i� rt} ! ,�If � f1� � ! - > } e � � E � � 8 g � `� 7 oY.r N�r.r ►tru..• rnr�.rr�.r r.e _ ' L F g � } �1 � � l �� I � ��• q f eaa•e•i• �66p _—_T.—� -- .� RP m r D T_ m D r i ATTACHMENT 4: Proposed Grading & Drainage RECEI 6 DEC 6 2004 COMMUNITY DEVELOPMENT �� Q —Job. Will - - - - ---- --- Ak RECEI 6 DEC 6 2004 COMMUNITY DEVELOPMENT ATTACHMENT 4: Proposed Utility Plan VIECEIVED . DEC 6 2004 Ij 1 COMMUNITY DEVELOPMENT I , as n::a I ; a N l I T. a Sol ------------- + !/' ATTACHMENT 4: Proposed Cross Sections & Details