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HomeMy WebLinkAboutPC_2005-02-01_AgendaPacketCITY OF ATASCADER0 PLANNING COMMISSION AGENDA Regular Meeting February 1, 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 PLANNING COMMISSION BUSINESS A. ELECTION OF NEW CHAIR AND VICE -CHAIR 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 18, 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. 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 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 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. COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on February 15, 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. Il Cityhalllcdvlpmnh- PC AgendaslPC 20051PC Agenda. 2-1-05. word. am. doc 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: 2-1-05 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting January 18, 2005 — 7:00 P.M. CALL TO ORDER Chairperson Kelley called the meeting to order at 7:00 p.m. and Commissioner O'Keefe 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, Redevelopment Specialist Marty Tracey, Associate Planner Kelly Gleason and Recording Secretary Grace Pucci. APPROVAL OF AGENDA MOTION: By Commissioner Beraud and seconded by Vice Chairperson Porter to approve the agenda Motion passed 7:0 by a roll -call vote. PUBLIC COMMENT Eric Greening spoke about the North County Transit Study stating his concerns with the proposal to relocate the transit center into the downtown area, and questioned if the Planning Department and Commission has had the opportunity to comment on the plan. Community Development Director Warren Frace explained that the Community Development Department has been working closely with Public Works on transit issues, especially in the downtown; at this time there is no role for the Commission on this issue as the City Council is addressing the study. Chairperson Kelley closed the Public Comment period. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JANUARY 4, 2005. MOTION: By Commissioner Beraud and seconded by Commissioner O'Keefe to approve Item #1. Motion passed 7:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS 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: 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 at 6905 El Camino Real, Suite 6, Community Determination: Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT — None MOTION: By Commissioner O'Keefe and seconded by Commissioner Fonzi to 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. Motion passed 7:0 by a roll -call vote. 3. 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. Associate Planner Kelly Gleason with Deputy Community Development Director Steve McHarris gave the staff report and answered questions of the Commission. A memorandum with revisions to Resolution 2005-0004 was distributed to the Commission. (Exhibit A) PUBLIC COMMENT Marge Mackey urged the Commission to take measures to protect the trees on Atascadero Avenue and questioned the number of houses to be placed on the site. Eric Greening questioned the drainage on the property, what would happen if the detention basin overflowed, and how long it would take for the basin to empty. Deputy Public Works Director Jeff van den Eikhof addressed issues raised in the Public Comment period. Chairperson Kelley closed the Public Comment period. Joel Snyder, applicant's representative, answered questions of the Commission. Commissioner Fonzi expressed concern regarding impacts to the sycamore trees on Atascadero Avenue and the change to the character of the neighborhood if the trees should die. She is not comfortable with the placement of the new units so close to the trees and would like to return this to the architect to move the homes back to avoid impacts to the trees. MOTION: By Commissioner O'Keefe and seconded by Commissioner Beraud to adopt Resolution PC 2005-0003 recommending that the City Council certify Proposed Mitigated Negative Declaration 2004-0050; and, 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, 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, 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, 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; and, that the project cannot be reasonably redesigned to save the trees thereby approving removal of the trees, and that a condition be added that the foundations that impact trees 54, 58 and 59 be designed to bridge the root systems in these areas, and that a half -bath be added to the two small units in front. Included in the second recommendation is the staff addendum establishing the PD -25 Overlay District based on findings; and, with the additional changes to the Conditions of Approval as follows: 1. Page 155, Mitigation Measure 1.c.1. add the following: The project incorporate a heavier trim design and that a wrap around porch element will be added to units A, B, E & F. 2. Page 156, Mitigation Measure 4.e.1. add the following: Utility trenching around the Atascadero Avenue sycamore trees shall be moved to the east side or the other side of the sidewalk to decrease impact on the root zones. Motion passed 6:1 by a roll -call vote. (Fonzi opposed) 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: Deputy Community Development Director Steve McHarris provided the staff report and answered questions of the Commission. Community Development Director Warren Frace spoke about the project and status of the downtown area. Redevelopment Specialist Marty Tracey discussed the use for this site within the redevelopment area. Chairperson Kelley recessed the hearing at 8:45 p.m. Chairperson Kelley called the meeting back to order at 8:52 p.m. PUBLIC COMMENT Adam Scattini, applicant, gave a presentation on the project (Exhibit B) and answered questions of the Commission. Carol Smonan, spoke in favor of the project and its advantages to the community. Chairperson Kelley closed the Public Comment period. There was Commission discussion regarding the following: 1. This area has not been designated as a gateway in the General Plan. 2. Lack of input by interested parties in the downtown. 3. Concern with excess signage on the site. 4. This use is consistent with General Plan policies. 5. Use of landscaping and berms to screen the site. 6. Use will be complimentary to and compatible with existing businesses on the site. 7. Possibly turning facility so the bays won't face EI Camino Real. 8. Good architecture and signage are important given the location. 9. Important to address the issue of noise when the project comes before the Commission again. Commissioner Beraud stated she would like a condition that the Conditional Use Permit would be revisited in 10 years or so. If this were not included she indicated she would have to support the staff recommendation. MOTION: By Commissioner Jones and seconded by Commissioner Fonzi to direct this back to staff to come before the Commission again, addressing the comments of the previous Commissioners including limited signage and landscape plan. Motion passed 6:1 by a roll -call vote. (Beraud opposed) COMMISSIONER COMMENTS AND REPORTS — None DIRECTOR'S REPORT Community Development Director Frace announced that the City Council will be holding a study session on Tuesday, January 25th at 5:00 p.m. to review the West Front mixed use project. As the Planning Commission will be part of the project review they are invited to meeting. Director Frace reviewed the agenda for the next Planning Commission meeting. ADJOURNMENT Chairperson Kelley adjourned the meeting at 9:38 p.m. to the next regularly scheduled meeting of the Planning Commission on February 1, 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 — revision to Resolution 2005-0004. Exhibit B — Applicant's presentation for Lube N Go Atascadero Planning Commission ITEM NUMBER DATE: Staff Report - Community Development Department Curbaril Office Development Master Plan of Development (CUP 2003-0089) / Tentative Tract Map 2004-0050 (Morro Rd./ Curbaril Ave. — Gearhart/Shannon) SUBJECT: 2 UL.ul.US The proposed project consists of an application for a Conditional Use Permit, Tree Removal Permit, and Tentative Tract Map to establish an office park development along Curbaril Ave and Morro Rd. RECOMMENDATION: Staff Recommends: 1. The Planning Commission adopt Resolution PC 2005-0010 certifying Proposed Mitigated Negative Declaration 2004-0054; and, 2. The Planning Commission adopt Resolution PC 2005-0011 approving Conditional Use Permit 2003-0089 and including the removal of 8 native oak trees, subject to conditions of approval and mitigation monitoring, and; 3. The Planning Commission adopt Resolution PC 2005-0012 approving Tentative Tract Map 2004-0050, subject to conditions of approval and mitigation monitoring. SITUATION AND FACTS: 1. Applicant / Representative: Kelly Gearhart, 6205 Alcantara Ave, Atascadero, CA 93422 2. Project Address: 7955 Curbaril Ave. APN 031-161-024 3. General Plan Designation: General Commercial (GC) 4. Zoning District: 5. Site Area: 6. Existing Use: 7. Environmental Status DISCUSSION: Project Definition ITEM NUMBER: 2 DATE: 02.01.05 Commercial Professional (CP) 1.46 acres gross Existing vacant structure. Proposed Mitigated Negative Declaration 2004-0054 The proposed office development consists of nine new buildings for a total of 20,000 square feet of office space. Two access driveways and parking lots are located off of Curbaril Ave. Two commercial office buildings are located around the first parking lot with the remaining 7 buildings orientated around the second parking lot. A nine lot parcel map is also proposed as part of the project. As analyzed within this staff report, the proposed overall project design emphasizes general office uses rather than professional office or retail uses. This is largely due to the two-story buildings which have separate second floor units and require additional parking for retail and professional office uses that is not accommodated on the project site. As a result, staff has added specific conditions to allow Planning Commission consideration (Refer to parking analysis and Conditions CUP 15). Surrounding Land Use and Setting: North: Commercial Professional South: Commercial Retail/High Density Residential East: Residential Single-family (1 ac min lot size) West: Commercial Professional with some existing Multi- family uses ITEM NUMBER: 2 DATE: 02.01.05 The project site is within the General Commercial General Plan land use designation and is zoned Commercial Professional, which allows for the establishment of an office development in excess of 10,000 square feet with the approval of a Conditional Use Permit/Master Plan of Development. Appearance Review Site Design The site plan meets the minimum requirements of the Atascadero Municipal Code. The proposal includes a 10 -foot setback from Morro Rd consistent with PD -3 standards. Staff has conditioned that the buildings on lots 7-9 be shifted against the sidewalk to provide the required PD -3 setback for commercial buildings adjacent to residentially zoned properties to the east (refer to Attachment 5, exhibit B). In addition, the proposed two-story building on lot 7 does not meet PD -3 setback requirements due to the height of the building. Thus, a condition of approval has been included to substitute this building with the single -story building design proposed on lot 1 (Condition CUP 13). Architecture, Materials, Color The applicant is proposing a combination of 2 building types providing a one-story and two-story design (refer to Attachment 5, exhibit F). As depicted in Attachment 5, exhibits F and G, the buildings show different architectural materials. As a result, staff has incorporated conditions of approval that require all of the building to include Mediterranean architectural elements consistent with the proposed architecture of the one-story buildings including Spanish tile roofs, decorative tile accents, smooth finish stucco exterior finish, recessed windows, ground floor awnings. In addition, staff has conditioned that roof access to be internal to the buildings (no exterior roof ladders) (Condition CUP 11). Landscape Design The applicant is proposing street trees along Morro Rd and Curbaril Ave. Staff has conditioned that the street trees along the frontages be located in the landscape planter adjacent to the sidewalk, consistent with the existing street tree pattern (Condition CUP 14). As the plans were not submitted for adequate staff review, conditions of approval have been included requiring a landscape buffer along the east and west property line as there are existing or potential adjacent residential uses. In addition, a condition of approval has been included requiring that the plan be revised as conditioned and to reflect the correct building footprints on the building permit plan set and be installed according to the approved building permit landscape plan (Condition CUP 14). A landscape buffer is required along the east and west property line as there are existing or potential adjacent residential uses. Staff has conditioned that evergreen ITEM NUMBER: 2 DATE: 02.01.05 screen trees be installed along these project borders to provide an adequate buffer (Condition CUP 14). Code requirements also call for a solid block wall between the proposed commercial project and adjacent residential properties and uses. Staff has conditioned that the wall be constructed of dark color split face block with columns spaced a maximum 50 feet to break up the length of the wall (Condition CUP 14). Native Tree Removal The site contains 10 native trees. Eight existing oak trees are proposed for removal. The Atascadero Native Tree Ordinance requires that the removal of native trees be mitigated with a payment into the tree replacement fund. The applicant will be required to provide mitigation as specified in the table below. The project arborist will be required to monitor any construction activity within the vicinity of the native trees to be retained and will be required to certify that all protection and enhancement measures were implemented as specified (Condition CUP 16). Evergreen Native Trees (inches) Deciduous Native Trees (inches) I Totals dbh notes dbh notes 1 27 -inches 1 27 -inches 2 10 -inches 2 17 -inches 3 23 -inches 3 54 -inches 4 4 -inches 4 19 -inches 5 5 6 6 Total 64 -inches Total 117 -inches 181 -inches Mitigation Requirement req'd tree replacements: 21 five gal trees req'd tree replacements: 78 five gal trees 99 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 21 five gal trees Remaining Mitigation 78 five gal trees 1 99 five gal trees Tree Fund Payment: $ 1,066.67 Tree Fund Payment: $ 3,900.00 1 $ 4,966.67 Staff notes that the applicant did not provide full sized copies of the tree protection plan as requested by the Planning Commission for all projects where impacts to native trees exist. A full sized set is available for review at City Hall. Project Signage A Master Sign Program is required for all centers with greater than three tenant spaces. The applicant has not submitted a sign program for Planning Commission consideration. However, staff has included a condition of approval requiring a master sign program be submitted prior to building permit issuance that provides standards and locations for future project signage, consistent with the building architecture, scale, and current City zoning regulations (Condition CUP 9). ITEM NUMBER: 2 DATE: 02.01.05 Circulation and Parking The project includes a total of 50 parking spaces which meets minimum code requirements for general office uses and is insufficient to allow health care uses or professional offices on the project site. As a result, staff has included a condition of approval that restricts the allowed uses within this project (Condition CUP 15). \A/S1 C tP_\A/S1 tP r Sanitary sewer will be connected to the existing Curbaril Avenue sewer facilities. Tentative Tract Map A nine -lot tract map is proposed as part of the project consistent with the Master Plan of Development. The Tract Map has been conditioned by staff and the City Engineer to meet all City standards including street frontage improvements. The applicant will be required to record a maintenance agreement for the map that will include maintenance and access of common areas including landscaping and common site facilities (Condition CUP 8 / TTM 9). General Plan Consistency As conditioned, the proposed project is consistent with the following General Plan Land Use Element Policies: Land Use Program 1.1.7: "Within the Urban Core encourage infill development or revitalization or reuse of land already committed to urban development where utilities and public services exist. Land Use Policy 2.1: "Ensure that new development is compatible with existing and surrounding neighborhoods". This policy is met with conditions of approval CUP 13 and CUP 14 to increase the building setback between adjacent residential zones consistent with the existing Planned Development #3 overlay zone. Land Use Policy 2.3: "Incorporate pedestrian and transit oriented design concepts into new residential and commercial development within the Urban Core." Implementing General Plan programs requires appearance review of architectural design, materials and color, and landscaping to improve the appearance along Morro Rd and Curbaril Ave, and incorporate architectural themes into the site and building design. As analyzed above, the proposed project, as conditioned, is consistent with the General Plan. ITEM NUMBER: 2 DATE: 02.01.05 As conditioned, the proposed office project is consistent with the goals and policies of the Land Use Element with conditions of approval and mitigation measures incorporated. The project will provide 20,000 square feet of office space on an existing underutilized infill lot along Morro Rd and Curbaril Ave. As conditioned, the project incorporates elements that are consistent with the scale and character of the surrounding neighborhood and consistent with the General Plan's appearance review requirements, providing conditions for buffering adjacent residential properties, conditions for additional appearance considerations, and conditions to meet required building setbacks throughout the project. Findings Conditional Use Permit A Conditional Use Permit is required for all commercial development in excess of 10,000 square feet. The Conditional Use Permit process provides the opportunity for the public and the Planning Commission to review the specifics of land use proposals, such as architectural design, site design, landscape, signage, and specific standards of the Zoning Ordinance. The Planning Commission must make the following five findings to approve a Conditional Use Permit: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: As conditioned, the use is consistent with the General Commercial designation of the General Plan and General Plan Land Use Element Policy 1.1.7, 2.1, and 2.3. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). Staff Comment: As conditioned, the proposed project use is consistent with the zoning designation of Commercial Professional and is consistent with the existing Planned Development #3 overlay zone. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment: The proposed office 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. ITEM NUMBER: 2 DATE: 02.01.05 Staff Comment: As conditioned, the project is consistent with the character of the surrounding neighborhood. 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. Based on staff's analysis with the incorporation of all conditions of approval, it appears that all of the required findings for approval of a Conditional Use Permit can be made. Proposed Environmental Determination A Draft Mitigated Negative Declaration was circulated to public agencies and interested members of the public on December 23, 2004. The environmental analysis identified concerns regarding potential impacts to aesthetics, noise, and traffic. Mitigation measures pertaining to these resources are included. It is the opinion of staff that the combination of design features incorporated into the proposed project, mitigation measures, and conditions of approval will reduce any potential environmental impacts to a level of insignificance. Conclusion The proposed project represents a basic office project within the Commercial Professional zone. The plans submitted to staff contain inconsistent and conflicting information as identified in each section of this staff report. As a result, several conditions of approval have been applied to the Master Plan of Development in order to make the project consistent with the City's zoning ordinance development standards, appearance review, and standards required by the Uniform Building Code for office building development. It is staff's opinion that the proposed project can be approved with all of the conditions of approval. ALTERNATIVES 1. The Commission may recommend modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to ITEM NUMBER: 2 DATE: 02.01.05 develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The parcel would retain its designation of Commercial Professional. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Steve McHarris, Deputy Community Development Director Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Arborist Report Attachment 3: Draft Mitigated Negative Declaration and Initial Study Attachment 4: Draft Resolution PC 2005-0010 Attachment 5: Draft Resolution PC 2005-0011 Attachment 6: Draft Resolution PC 2005-0012 ITEM NUMBER: 2 DATE: 02.01.05 Attachment 1: Location Map, General Plan and Zoning Existing General Plan Designation: General Commercial Existing Site Zoning: Commercial Professional/PD-3 Attachment 2: Arborist Report P.O. Box 1311 Templeton, California 93465 ITEM NUMBER: 2 DATE: 02.01.05 October 19, 2004 Kelly Gearhart Gearhart Development Atascadero, California This report is in regards to the proposed development located near the corner of State Highway 41 and Curbaril Avenue in Atascadero California. The native trees on this property consist young to mature white oaks (Quercus lobata) and wast live oaks (Quercus agrifolia). There are eight proposed removals for this project with a total dbh of 181 inches. Two of the trees (#8 and #9) do not have significant impacts, however they are hazard trees with major defects. Tree #8 is the surviving stem of an over -mature white oak. This tree had a massive failure to the other scaffold and is subject to failure in the near future. The excess weight in the plane of the lean cannot be mitigated by pruning. Tree #9 is another white oak adjacent to tree #8 and has been suppressed throughout its life. The main stem is extremely elongated and will subject to excessive wind sway and probable failure once tree #8 is removed. A hazard tree evaluation was performed for both trees and have been attached to this report We use a tree rating of 1-10 for visually establishing the overall condition of each tree on the spreadsheet. A rating of zero is used for a dead tree in the potential impact area. A tree rating of one is used for a tree that has evidence of massive past failures, extreme disease and is severe decline. A rating of two is for a tree that may be saved with attention to class 4 pruning, insect/pest eradication and future monitoring. A rating of three includes trees with some past failures some pests or structural defects that may be mitigated by pruning. A rating of 4 will include trees that have minor past failures, excessive deadwood or minor structural defects that can be mitigated with pruning. A rating of five is a relatively healthy tree with little visual structural and or pest defects. A rating of six is used for a healthy tree that probably can be left in its natural state. Ratings 7-9 are used for trees that have had proper arboricultural pruning and attention and have no apparent structural defects. A rating of 10 is used for a specimen tree with perfect shape, structure and foliage in a protected setting (i.e. park, arboretum). Trees are numbered in the field with a 2" x 2" plate located on the North side of each tree. Trees to be removed are flagged with red tape and trees to be saved are flagged with yellow tape. ITEM NUMBER: 2 DATE: 02.01.05 Attachment 2: Arborist Report The owner shall be solely responsible in providing a copy of this tree protection plan to any and all contractors that encroach within the drip line of any native tree. It is highly advised that the owner has each contractor sign his copy also. The following mitigation measures/methods must be fully understood and followed. Any necessary clarification will be provided by us (the arborists) upon request. 1. Fencing: Must be a minimum of 4' high chain link, snow or safety fence staked at the drip -line or line of encroachment for each tree or group of trees. The fence must be up before any construction or earth moving begins. The owner shall be responsible for maintaining an erect fence throughout the construction period. The arborist(s) shall inspect the fence placement once it is erected. This is mandatory for this project. The fencing is highlighted in orange ink on the grading plans. 2. Soil Aeration Methods: Soils under the drip -lines that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include water jetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with a 24" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist(s) shall advise. 3. Chip Mulch: All areas within the drip -line of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction. 4. Trenching Within The Drip -line: All trenching under the drip -lines of native trees shall be hand dug, augured or bored. All major roots shall be avoided whenever possible. All exposed roots larger than I" in diameter shall be clean cut with a sharp pruning tools and not left ragged. 5. Grading Within The Drip -line: Grading should not encroach within the drip -line. If grading is necessary, construction of retaining walls or tree wells or other protection measures may be necessary to insure the survivability of the trees. Chip mulch 4-6" in depth may also be required in these areas. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. Grading shall be done by hand underneath the drip -lines to avoid tearing any roots. 6. Exposed Roots: Any exposed roots shall be recovered the same day they were exposed. If they cannot, they must be covered with burlap or another suitable material and wetted down 2x per day. 7. Paving Within The Drip -line: Pervious surfacing is preferred within the drip -line of any oak tree. Arborist(s) will advise. 8. Equipment Operation: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. ITEM NUMBER: 2 DATE: 02.01.05 Attachment 2: Arborist Report 9. Existing Surfaces: The existing ground surface within the drip -line of all oak trees shall not be cut, filled, compacted or pared. 10. Construction Materials And Waste: No liquid or solid construction waste shall be dumped on the ground within the drip -line of any oak tree. 11. Arborist Monitoring: An arborist shall be present for selected activities (trees identified on spreadsheet) and pre -construction fence placement. The monitoring does not necessarily have to be continuous but observational at times during the above activities. 12. Pre -Construction Meeting: An on-site pre -construction meeting with the Arborist(s), Owner, Planning Staff, and the earthy moving team shall be required for this project. Prior to final occupancy, a letter from the arborist(s) shall be required verifying the health/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall verify that the arborist(s) were on site for all grading and/or trenching activity that encroached into the drip -line of the selected native trees, and that all work done in these areas was completed to the standards set forth above. The included spreadsheet(s) includes trees listed by number, species and multiple stems if applicable, diameter and breast height (4.5% condition (scale from poor to excellent), status (avoided, impacted, removed, exempt), percent of drip line impacted, mitigation required (fencing), construction impact (trenching, grading, etc.), and individual tree notes. Please let us know if we can be of any future assistance to you for this project. Steven G. Alvarez Certified Arborist #WE -051 IA Chip Tamagni Certified Arborist #6436-A G� S� ITEM NUMBER: 2 DATE: 0 : t05 Attachment 2: as lReport ƒ � e A S } z } a z g z o»\\ z = �/ ) \ 2 � � § \ } \ \ \ / ) � z/ � u y 2= o e= 0 0±// 2 a E � e ~ m � � \ / 2 m E± u± E I o z � t§ o f f � f j f§ f f ± o z z z z z z z z \j zk o0 � � § \ z z \kik / i / L Oz }/q w � kj2 p �« o'/ o o 'a 0 0 0 0 0 0 j 9§ m z z) z z z z z z \\)} � z --\ 3 o �®�� F- � § \ \ \ \ \ \ \\\\\ - q§ a 2// 2 2 2 \ `§ ± \ k a 2 y$ 7 K a a 2« d � K G ¥ 2 % G \ 2 / / \ b § Lf) § oG j §§ z/ ! EN« m a i n# n n� r# wf \\ \\/ � w nIb§!! § § 2 \ % _ CO@ \ 2 / 2 # w !%}\( CO j)§§§§ LLI a � §(), ~LLJ �) / \ \ \ \ \ \ \ \ � � §@§§0 § CN M � LO ¥ 00 a) � w ITEM NUMBER: 2 DATE: 02.01.05 Attachment 2: Arborist Report TRP x sus d r a -7 �'p1'4fAng�O/ CITY OF ATASCADERO TREE REMOVAL PERMIT SECTION 11.05 B.5 Applicant Gam, �a� .�/�euclo�iu z-ri � Name Mailing Address CA 931122 City, State, Zip ' Cgo s� Phone Reason for Removal: Dever /.,e Site Address:—G/" List all trees to be removed: SPECIES SIZE (dbh) NUMBER TO BE REMOVED CONDITION OF TREE Ora,-.- ra/r2. 2.lfJ l.�: ¢ Q4C. 7 /7'ilii s •% FCi.i^• ;pv or 1d•ltc L. Poo, a 3. 4. 5. 6. Property owner certifies that they have read and understood Atascadero Municipal Code Section 9-11.105. Tree removal is not to facilitate future development. ` A plot plan shall be included showing all proposed improvements on the property, trees to be removed, and trees to remain. The trees shall correspond with the numbers above.; Signature of Property Owner Date Signature ofCe- rtified orist Date Signature, City of Atascadero Date Certification #: VPd5 -OS1/� Community Development Department 6500 Palma Ave., Atascadero, CA 93422 (805) 461-5035 fax: 461-5036 ITEM NUMBER: 2 DATE: 02.01.05 Attachment 2: Arborist Report t•, EVALUATION OF HAZARD TREES ' TREE HhEvaluation TreesUrban AZARDEVALUATION FORM2nd Edition HAZARD RATING. [TREE pAuwnon -e Failure Size target = hazard ner public private �yunknown other Potential of pan Rating Rating te: /—/d rd / Inspector mfr vz '� �a rJai z a __immediate action nLeaeae Needs further inspection of last inspection: �— 0eaa uee f�idiQ- RACTERISTICS Tree f: /T)_ Species:��'� OBH: �r I at trunks: Height:_"�0 Spread: Form: generally symmetric _ minor asymmetry gmalur as?mmelry _. stumo sprout stag -healed _: Crown class: 1: dominant 9�co-dominanl IJ inlermealdo-'_' suppressed _ Live crown ratio: % Age class: _-3 young _ semi-ri.ature )' mature -_ over-mafure/senescenl Pruning history: ❑ crown cleaned C excessively thinned C topped __ crown raised C pollarded ] crown reduced _ flush cuts __ :ablea/braced none ::] mulhpfe pruning events Approx. aates. s Special Value: ❑ specimen �&hentagivhrstonc '] vabAfe C unusual [ street uee screen _ shape -- indigenous 9O(OleCed ov qov agency TREE HEALTH Fnliaqe color, Qlnormal G chforohc C necrotic Eprcormics? Y N Growth obstruchons: Foliage density. t4nonnal ..'sparse Leaf size: E] normal ,]small _ stakes �� vnre711es _ signs _ c30les n Annual shoot growth: ::7 excellent 3y average ❑ poor Twig Dieoack? Y N 7 curb/pavement _ guards Woundwood development C excellent K average J poor G none ] Diner Vigor class: ❑ excellent ® average ;Marr G poor •y Major '0i '' ,.� � —v— �'�5/r" pests/diseases: SITE CONDITIONS ! Site Character 1!4resfaence C commercial ❑ indusinal C pu:K _ open space ] natural C woodland\foresi Pr opo 5z.f Landscape type: ^ parkway ] raised bed ❑ container C m--und C lawn _ shrub border ] wind break Irrigation: Ynone C adequate :: inadequate ❑ excessive __ trunk Nettled - Recent site disturbance? Y ]: construction CJ sod disturbance _ grade change '7 line clearing '] srte Gearing • dripline paved: 10.25% 25-50% 50-75`w. 75-100% Pavement lined? Y N % dripline w/ fill soil: 10-25% 25-50% 50-75% 75.100% % dripline grade lowered: .0, 10-25% 25-50% 50-75% 75-100% Soil problems: ❑ drainage •] shallow J compacted ❑ droughty J'saline _ alkaline C acidic _ small volume :] disease center C history Of fad ] clay _ expansive C slope _ ° aspect: Obstructions: C lights ] signage C line -of -sight ❑ view C overnead lines L7 underground utilities ❑ traffic ❑ adjacent veg. Exposure to wind: ❑ single tree below canopy Cl above canopy Areceniy, exposed C windward. canopy edge -]area prone m wrndthrow p Prevailing wind direction:. 4i Ld Occurrence of snownce storms ,p.never C1 seldom C regularly TARGET Use Under Tree: 0 budding ❑ parking P-Iraffic LApedestn�an C recreation C landscape C hardscape C small features D uhlity lines p r- 100 S Y Can target be moved? Y Can use be restricted??,� � Occupancy: C occasional use C interinyninent use frequent uce C constant use - The Intematlonal Society of Arbonculture assumes no responsibility for conclusions or recommendations derived from use of this form. Specimen: TREE HAZARD EVALUATION FORM, Page 1 ITEM NUMBER: 2 DATE: 02.01.05 Attachment 2: Arborist Report t•, EVALUATION OF HAZARD TREES TREE Evaluation Trees Urban HAZARD EVALUATION FORM2nd Edition SdGAddress. _CJ9 d �w.Y/L �-c c[HAZARD RATING: '.1ap/Lucatiom��— ure Size Target - Nazard Owner. public private _� unknown 4100-=— / other entiat of part Rating Ralmg Date 1-16-0 / Inspector _, /�� c�-r ✓ la 4100 - = z Immediate action leedea Date of last inspection _..�—moi— Needs further inspec.wn Dead treeTREE gWACTERISTICS Tree 1:Species: /✓/G<� £1 �i /e. . DON:[ �r M of trunks: _� Height:_ id Spread: �L Form: generally symmetric C minor asymmetry fiLfmylor as7mmetry C stump Sproul stag -headed Crown class: C dominant feco-dominant mtermealS*._ suppressed Live crown ratio:Ck (6 % Age class: C young C semi-ri.aiure X mature - over-malure/senescent Pruning history: G crown cleaned C excessively thinned C topped C Crown raised -- poParded :1 crown reduced C tlusn cuts _, :abled/braced none C multiple pruning events Approx. dates: Special Value: C specimen ;.bentage/histonc .-wildlife C unusual C street tree ❑ screen -- shaee -- indigenous 9: protected ov gov agency TREE HEALTH Foliage color, normal J chlorotic C necrotic Epicomlirs? Y N Growth obstmctrnns: Foliage density: Itnormal C sparse Leaf size: C normal C small stakes vnre/bes _ signs — cables Annual shoot growth: C excellent Beverage C poor Twig Oieoack7 Y N ]curb/oavemeni ._ guards Woundwood development: C excellent 9 average :]poor C none other Vigor class: C excellent ® average C fair /G poor Major pests/diseases: /y�O�iC `��•'�fi" /-'p5/%z"'i[ Y"• SITE CONDITIONS / Site Character. residence C commercial C indusinal C pare C open space C natural C woodlancNorest Pr opo S-✓ Landscape type: n parkway C raised bed C container C m: and = lawn shruo border wind break Irrigation: ''none G adequate 'C inadequate C excessive C Runk wertlecl Recent site disturbance? Y ` construction ❑sod disturbance :: grade change Cline clearing site clearing • dripfine paved: -0v 10-25% 25-50% 50-75% 75-100% Pavement lined? Y N • dripline w/ fill sail: g�K 10-25% 25-50% 50-75% 75-100% % dripline grade lowered: epA 10.25% 25-50% 50-75% 75-100% Soil problems: ❑ drainage �] shallow ❑ compacted ❑ droughty E: saline C alkaline C acidic . small volume -- disease center C history of !all C clay : expansive C slope -I aspect: Obstructions: C lights 'Zsignage Cline -of -sight C view C overhead lines :]underground utilities traffic C adjacent veg. C _ Exposure to wind: C single tree C below canopy C above canopy Arecenlly exposed C windward. canopy edge C area prone to wmdthrow i Prevailing wind direclian: Occurrence of snowhce storms Anever C seldom u regularly TARGET use under Tree: A building C parking. traffic JL�,pedestnan C recreation C landscape C hardscape C small features C utility lines P,- ono S �L v Can target be moved? Y p Can use be restricted,?C� -.�Y Occupancy: C occasional use C intermittent use J frequent use C constant use The International Society of Arboriculture assumes no responsibility for conclusions or recommendations derived from use of this form. Specimen: TREE HAZARD EVALUATION FORM, Page I ITEM NUMBER DATE: Attachment 2: Arborist Report NOW CO a, 12 e-__ 02.01.05 ITEM NUMBER: 2 DATE: 02.01.05 Attachment 2: Arborist Report d -s iF I; y 4 Y ITEM NUMBER: 2 DATE: 02.01.05 Attachment 3: Proposed Mitigated Negative Declaration and Initial Study See Following ITEM NUMBER: 2 DATE: 02.01.05 Attachment 4: Draft Resolution PC 2005-0010 DRAFT RESOLUTION PC 2005-0010 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, CERTIFYING PROPOSED MITIGATED NEGATIVE DECLARATION 2004-0054 PREPARED FOR TENTATIVE TRACT MAP 2004-0050 AND CONDITIONAL USE PERMIT 2003-0089 ON APN 031-161-024 (Curbaril Business Center — Gearhart/Shannon) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Ave; Atascadero, CA 93422), Applicant, and Robert Shannon (PO Box 2612, Atascadero, CA 93423), Owner, for a Conditional Use Permit to establish a Master Plan of Development and corresponding Tentative Tract Map to establish a 9 -lot office development on a 1.46 acre site located on APN 031-161-024; and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2004-0054 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 February 1, 2005 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, NOW THEREFORE, the Planning Commission of the City of Atascadero, hereby resolves to certify Proposed Mitigated Negative Declaration 2004-0054 based on the following Findings, and as shown in Exhibit A: 1. The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, 2. The Proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, 3. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project; and, 4. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, ITEM NUMBER: 2 DATE: 02.01.05 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, 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: 2 DATE: 02.01.05 Exhibit A Proposed Mitigated Negative Declaration 2004-0054 See Following ITEM NUMBER: 2 DATE: 02.01.05 ATTACHMENT 5: Draft Resolution PC 2005-0011 DRAFT RESOLUTION PC 2005-0011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2003-0089 (MASTER PLAN OF DEVELOPMET) ON APN 031-161-024 (Curbaril Business Center - Gearhart/Shannon) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Ave; Atascadero, CA 93422), Applicant and Robert Shannon (PO Box 2612, Atascadero, CA 93423), Owner, for a Conditional Use Permit to establish a Master Plan of Development and corresponding Tentative Tract Map to establish a 9 -lot office development on a 1.46 acre site located on APN 031-161-024; and, WHEREAS, the site's General Plan Designation is GC (General Commercial); and, WHEREAS, the site's zoning district is CP/PD-3 (Commercial Professional with a Planned Development 3 overlay zone); and, WHEREAS, projects in excess of 10,000 square feet requires the adoption of a Conditional Use Permit; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2004-0054 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 was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Conditional Use Permit; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on February 1, 2005, studied and considered Conditional Use Permit (CUP 2003-0089), 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: ITEM NUMBER: 2 DATE: 02.01.05 SECTION 1. Findings for approval of Master Plan of Development. 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 Planned Development 3 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. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 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. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on February 1, 2005, resolved to approve the Master Plan of Development (CUP 2003-0089) and Tree Removal Permit subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Master Plan of Development/Site Plan EXHIBIT C: Landscape Plan EXHIBIT D: Grading and Drainage Plan EXHIBIT E: Utility Plan ITEM NUMBER: 2 DATE: 02.01.05 EXHIBIT F: Elevations and Floor Plans EXHIBIT G: Color and Materials Board EXHIBIT H: Tree Protection Plan On motion by Commissioner , and seconded by Commissioner 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 the ITEM NUMBER: 2 DATE: 02.01.05 Exhibit A: Conditions of Approval/Mitigation Monitoring Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2003-0089 /Monitoring Measure PS: Planning Services Curbaril Office Development BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Planning Department Standard Conditions 1. This conditional use permit shall be for a 20,000 square foot office center master PS plan. 2. The approval of this use permit shall become final and effective for the purposes FM PS of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority to approve BP/FM PS the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Conditional Use Permit. 4. The granting of this entitlement shall apply to the property located at 7955 On going PS Curbaril Ave. (APN 031-161-024) regardless of owner. 5. 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. 6. The applicant and/or subsequent owners shall defend, indemnify, and hold ongoing harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the proposed development. 7. All subsequent Tract Map and construction permits shall be consistent with the Master Plan of Development contained herein. 8. Prior to final map, the applicant shall submit CC&Rs or similar maintenance mechanism for review and approval by the Community Development Department. The maintenance agreement shall record with the Final Map and shall include the following: ■ Provisions for maintenance of all common areas including access, parking, perimeter walls, and landscaping. ■ A detailed list of each individual owner's responsibilities for maintenance of the individual units. ■ A provision for review and approval by the City Community Development ITEM NUMBER: 2 DATE: 02.01.05 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2003-0089 /Monitoring Measure PS: Planning Services Curbaril Office Development P BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney FO: Final Occupancy Department for any changes to the maintenance agreement that relate to the above requirements prior to the changes being recorded or taking effect. 9. Prior to issuance of any building or grading permits for the site, the applicant shall receive an approved Administrative Use Permit for a Master Sign Program. All signage shall be required to be architecturally compatible with the buildings and shall meet current code requirements. 10. All exterior elevations, finish materials, and colors shall be consistent with the BP PS Master Plan of Development as shown in EXHIBIT B with the following modifications: • All exterior material finishes shall be durable, high quality, and consistent with the architectural appearance; • Tower elements shall be provided on the Lot 9 building; • Trash enclosures in front of buildings shall be smooth stucco finish consistent with the building design and shall be screened by landscaping and shall include solid metal doors. Enclosures adjacent to property lines shall be constructed of dark color split face block and shall include solid metal doors; • All mechanical equipment shall be screened by landscaping or architecturally compatible enclosures; • Any exterior light fixtures shall be compatible with building design, subject to staff approval. • Stucco siding shall be smooth finish. No machine finishes will be permitted. • Colors compatible with the overall design theme shall be required to be submitted during building permit review and shall be subject to staff approval. • Awnings shall be open sided with decorative supports, subject to staff approval. • Windows throughout the project shall be consistent. Windows shall be anodized bronze or similar dark color and shall be consistent with the architectural elevations for the two-story building as noted in EXHIBIT F. • All roofing shall be Spanish tile with varied coloration, subject to staff approval. • All buildings shall include consistent accent features and materials including building bases, tile accent features, and finish roof details. ITEM NUMBER: 2 DATE: 02.01.05 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2003-0089 /Monitoring Measure PS: Planning Services Curbaril Office Development P BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney FO: Final Occupancy 11. Interior access shall be required to be shown on the building permit submittal. No exterior ladders for roof access shall be permitted unless both interior and exterior access is required per building code. 12. Buildings shall include a minimum of 3 colors and shall be used to accentuate BP/FM PS architectural features as appropriate, subject to staff approval. 13. All site work, grading, and site improvements shall be consistent with the Master BP/FM PS Plan of Development and grading and drainage plan as shown in EXHIBIT B and D with the following modifications: ■ Buildings on lots 7 through 9 shall be located directly adjacent to the pedestrian sidewalk. ■ Tree wells shall be a minimum of 4 feet by 4 feet with decorative grates, subject to staff approval. ■ Lot 7 shall be redesigned with the same one-story building as proposed on Lot 1 in order to meet PD -3 requirements for setbacks from residential property. ■ Outdoor benches and tables shall be provided between proposed buildings at a minimum of 1 table set per every two lots. Outdoor furniture shall be durable, high quality, and shall be dark colored and shall be shown on the final landscape plan to be approved prior to building permit issuance. ■ Paved parking space length shall be reduced to 16 feet with a two foot overhang of extended sidewalk area. 14. A final landscape and irrigation plan shall be approved prior to building permit BP PS issuance and shall be included as part of site improvement plan consistent with EXHIBIT C and including the below listed modifications/clarifications: ■ The landscape plan shall include the correct building footprints and shall be updated to include all conditions of approval. ■ All exterior meters, air conditioning units, and mechanical equipment shall be screened with landscape material. Trash/recycle container areas shall be screened with fencing or landscape. ■ 24" box London Plane trees shall be installed along the Morro Rd. and Curbaril Ave. frontage at 30' on center. ■ Street trees along the Morro Rd and Curbaril Ave frontages shall be placed in the planter area adjacent to the sidewalk consistent with existing street tree pattern. ■ Screen trees along the east and west property edges shall be evergreen pine or Arizona Cyprus. Accent trees in between buildings shall be ITEM NUMBER: 2 DATE: 02.01.05 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2003-0089 /Monitoring Measure PS: Planning Services Curbaril Office Development P BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney FO: Final Occupancy evergreen Magnolias to provide additional screen layer. • All common space areas shall be landscaped prior final. Landscaping shall include minimum 15 -gallon sized shade trees within the tree wells at a minimum 30 feet on center, installation of screen trees along property boundaries, and parking lot shade trees located adjacent to the trash enclosures. • A solid block wall shall be required adjacent to all residential uses and properties as required by code. Perimeter walls shall include column or similar protruding elements to break up the length of the wall at a minimum spacing of 50 feet. • Perimeter and retaining walls shall be constructed of dark colored split face block or other decorative material, and shall include a decorative finish cap, subject to staff approval. No barriers or fencing shall be permitted between adjacent office buildings. 15. All uses shall conform to parking standards and no use shall exceed a required parking ratio of 1 space per 400 square feet. No health care or professional offices shall be permitted unless parking standards can be met per code requirements. 16. Removal of native trees shall be mitigated pursuant to the Atascadero Native Tree Ordinance. 17. The developer shall contract with a certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy, grub only ITEM NUMBER: 2 DATE: 02.01.05 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2003-0089 /Monitoring Measure PS: Planning Services Curbaril Office Development P BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney FO: Final Occupancy and do not grade nor compact. Install porous pavers over a three-inch bed of 3/4 inch granite covered with one -inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one -foot by one -foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. • Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. ■ A tree well shall be constructed a minimum of 10 feet from the trunk of the native tree to remain. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Fire Marshal 18. A NFPA 13 Fire Safety Sprinkler system is required to be installed BP FD/BS conforming to CBC, UFC, and City of Atascadero standards. System shall be designed by a licensed contractor and reviewed and approved by a licensed Fire Protection Engineer prior to submitting plans to the Fire Department. 19. Address signage design shall be provided prior to issuance of any building BP FD/PS permits. 20. Fire hydrant spacing shall be reviewed and approved by the fire department FM FD prior to recordation of the final map. City Engineer Conditions PROJECT SPECIFIC CONDITIONS Drainage: 21. Obtain approval by the City Engineer of the grading & drainage plan and the BP, GP CE storm drain design & facilities. 22. 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. Calculations shall evaluate impact of development on existing system and Atascadero Creek. 23. Provide for the detention of the 50 year developed storm runoff, while metering BP, GP CE out the 2 year undeveloped storm runoff. Metered runoff must follow existing drainage patterns. ITEM NUMBER: 2 DATE: 02.01.05 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2003-0089 /Monitoring Measure PS: Planning Services Curbaril Office Development P BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney FO: Final Occupancy 24. Show the method of dispersal at all pipe outlets. Include specifications for size & BP, GP CE type. 25. Acquire drainage easements where needed. Drainage shall cross lot lines only BP, GP CE where a drainage easement has been provided. 26. Concentrated drainage from off-site areas shall be conveyed across the project BP, GP CE 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: Curbaril 27. 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. 28. 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 BP, 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. Applicant shall overlay Curbaril Avenue to the centerline plus 10 feet. 32. Prior to issuance of building permits, the applicant shall submit a grading and BP, 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 33. The Public Works Department shall approve all wastewater facilities prior to BP, GP WW construction. This includes pumps, force mains, cleanouts, manholes and connections. 34. Applicant shall pay sewer extension (annexation) fees upon issuance of building BP, GP WW permit. Sewer Connection and Reimbursement fees shall be payable upon actual connection of the building sewer to the public sewer system. ITEM NUMBER: 2 DATE: 02.01.05 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2003-0089 /Monitoring Measure PS: Planning Services Curbaril Office Development p BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 35. Gravity mains and other sewer facilities within the subdivision shall be privately BP, GP WW owned and maintained. 36. Gravity mains within the subdivision shall be eight (8) inches in diameter. BP, GP WW 37. Gravity main onsite shall end in a manhole. BP, GP WW STANDARD CONDITIONS 38. 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. 39. 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. 40. 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. 41. The Subdivision Improvement Agreement shall record concurrently with the Final FM CE Map. 42. The applicant shall be responsible for the relocation and/or alteration of existing BP, GP CE utilities. 43. 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. 44. The applicant shall monument all property corners for construction control and FM CE shall promptly replace them if disturbed. 45. The applicant shall acquire title interest in any off-site land that may be required FM CE 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. 46. Slope easements shall be provided as needed to accommodate cut of fill slopes. FM CE 47. Drainage easements shall be provided as needed to accommodate both public FM CE and private drainage facilities. 48. The final map shall be signed by the City Engineer prior to the map being placed FM CE on the agenda for City Council acceptance. 49. 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 ITEM NUMBER: 2 DATE: 02.01.05 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2003-0089 /Monitoring Measure PS: Planning Services Curbaril Office Development P BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney FO: Final Occupancy approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 50. 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 be retraced. 51. Prior to recording the tract map, the applicant shall pay all outstanding plan check/inspection fees. 52. Prior to recording the map, the applicant shall complete all improvements FM CE required by these conditions of approval 53. Prior to recording the tract map, the applicant shall have the map reviewed by all FM CE applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the map. 54. 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. 55. 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. 56. Prior to the final inspection, the applicant shall submit a written certification from BP, GP CE a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 57. An encroachment permit shall be obtained prior to any work within City rights of BP, GP CE way. 58. Prior to the issuance of building permits the applicant shall submit a grading and BP, GP CE drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. Atascadero Mutual Water Company Standard Conditions 59. 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. ITEM NUMBER: 2 DATE: 02.01.05 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2003-0089 /Monitoring Measure PS: Planning Services Curbaril Office Development P BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 60. 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. 61. Before issuance of building permits, the applicant shall obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. 62. 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. 63. 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. 64. 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 Monitoring Program Mitigation Measure 1.c.1: A landscape plan prepared by a qualified professional is required. Landscaping shall consist of City approved street trees placed a minimum of 30 feet on center. All street trees shall be 24" box size. All other landscape trees and shrubs shall be a minimum 15 -gallon size. Mitigation Measure 1.c.2: Evergreen screen trees shall be incorporated into the landscape plan where the proposed project is adjacent to residential uses. Mitigation Measure 1.d: All lighting shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 15 -feet in height, shall limit intensity to 2.0 foot candles at ingress /egress, and shall otherwise provide a 0.6 foot candle minimum to 1.0 maximum in parking areas. The proposed lighting plan shall accomplish a zero footcandle reading at the property line. Fixtures shall be shield cut-off type. Wall mounted fixtures at rear of buildings facing adjacent properties, except at exits, shall be avoided. ITEM NUMBER: 2 DATE: 02.01.05 Conditions of Approval / Mitigation Monitoring Program CUP 2003-0089 Curbaril Office Development P Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Mitigation Measure 3.b.1: Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If Naturally Occurring Asbestos (NOA) is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. . If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Should Naturally Occurring Asbestos be identified within the area of construction, and the worked area will be less than or equal to one acre, then the dust control measures identified below are required. If the disturbed area is greater than one acre, additional requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. ITEM NUMBER: 2 DATE: 02.01.05 Conditions of Approval / Mitigation Monitoring Program CUP 2003-0089 Curbaril Office Development P Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Mitigation Measure 3.b.2: The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in section 6.4 of the Air Quality Handbook. All site grading and demolition plans notes shall list the following regulations: A. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage, preferably in the late morning and after work is finished for the day. B. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e. greater than 15 mph averaged over one hour) so as to prevent excessive amounts of dust. C. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. D. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. E. Permanent dust control measured identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. F. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast -germinating native grass seed and watered until vegetation becomes established. G. All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods in advance by the APCD. H. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible. In addition, structural foundations shall be completed as soon as possible following building pad construction. I. On-site vehicle speed shall be limited to 15 mph for any unpaved surface. J. All unpaved areas with vehicle traffic shall be watered at least twice per day, using non -potable water. K. Streets adjacent to the project site shall be swept daily to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust from leaving the site. L. Wheel washers may be required when significant offsite import or export of fill is involved. M. Large canopy shade trees shall be provided along street frontages and within parking areas to shade paved areas and minimize urban heat build-up. ITEM NUMBER: 2 DATE: 02.01.05 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2003-0089 /Monitoring Measure PS: Planning Services Curbaril Office Development P BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney FO: Final Occupancy Mitigation Measure 4.e.1: Grading and excavation and grading work shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: A. All existing trees outside of the limits of work shall remain. B. Earthwork shall not exceed the limits of the project area. C. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. D. Vehicles and stockpiled material shall be stored outside the dripline of all trees. E. All trees within the area of work shall be fenced for protection with 4 - foot chain link, snow or safety fencing 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. F. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 4.e.2: The removal of identified native oak trees shall be mitigated per the requirements of the Atascadero Native Tree Ordinance. Mitigation Measure 6.b.1: All disturbed areas, not shown on the project landscape plan for landscaping shall be landscaped with one or more of the plant materials listed on the landscape plan legend. All elevated pads shall be landscaped with appropriate shrubs and shall be contoured to blend naturally with the finished and/or existing grade. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked out on to EI Camino Real by construction vehicles. Mitigation Measure 6.c.d: A soils report shall be required to be submitted with a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. Any excavation recommendations that encroach into the 20 -foot creek setback area shall address creek bank stability and shall be reviewed by the project biologist. The property contains no unusual geological formations. Mitigation Measure 8.e.f.1: A Stormwater Pollution Prevention Plan (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. ITEM NUMBER: 2 DATE: 02.01.05 Conditions of Approval / Mitigation Monitoring Program CUP 2003-0089 Curbaril Office Development P Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: 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 8.e.f.2: The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop work orders. Mitigation Measure 11.d.1: All construction activities shall comply with the City of Atascadero Noise Ordinance for hours of operation, and as follows: Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday The Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors may modify the hours of construction. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Planning Commission. Exhibit B: Master Plan of Development / Site Plan UQ � U � W Two-story Q building to be replaced with one- story building designed for Lot 1 1 I ITEM NUMBER DATE: R � t 8yk a ✓!S . q b Y� Buildings shifted toward sidewalk to meet PD -3 standards M 3lVLS woa 0&&O PV -- j 13 N CO L W N J UQ � U � W Two-story Q building to be replaced with one- story building designed for Lot 1 1 I ITEM NUMBER DATE: R � t 8yk a ✓!S . q b Y� Buildings shifted toward sidewalk to meet PD -3 standards M 3lVLS woa 0&&O PV -- j 13 Exhibit C: Landscape Plan r fl ! I Nil I.ii tl I I,I it 1.1{Ilii !� I: I iii { li ,Ili 1 � ,H It (il!I{il�' I' ►' If .i if !� �� � III i; !I��II;I'I•t i; 1 II !li I'iI1lI ijl`t�;!I�! 'jl"!ijlli4l!i }i! f�;it ITEM NUMBER DATE: A Landscaping screening per conditions for adjacent residential property / uses 2 UZ.UI.US ,n 110 NOTE: Landscape plan to be drawn in conformance with Master Plan of Development to include corrected building footprints and to incorporate all conditions of approval, prior to issuance of building permits. Tree wells to be a minimum of 4 feet by 4 feet Street trees to be located in landscape planters ► a ! li ll 1i�j►�; !I!,t , i !,! , li!I!lil i!I'! till l!I' �, ., II ,I � 1j; t'•.I►h,j, ;ii!I!! Illji till ��! li Landscaping screening per conditions for adjacent residential property / uses 2 UZ.UI.US ,n 110 NOTE: Landscape plan to be drawn in conformance with Master Plan of Development to include corrected building footprints and to incorporate all conditions of approval, prior to issuance of building permits. Tree wells to be a minimum of 4 feet by 4 feet Street trees to be located in landscape planters ITEM NUMBER: 2 DATE: 02.01.05 Exhibit D: Grading and Drainage Plan Yn ILa i Irl Y 4P iP ag I •�' � V I •, -1 '•" � of r �F'� I ? !r t - r %� I t'yt�i e i _ r ' I /r i; l ' AV _l . - I f y AYaI IN 3(Y1S Exhibit E: Utility Plan Loft *OAD ITEM NUMBER DATE: 2 UZ.UI.UO Exhibit F: Elevations and Floor Plans Awnings to be open ended with decorative SWC; supports TT i NGR;} �I.era : r7N ITEM NUMBER: 2 DATE: 02.01.05 I' - --- - - - ---•per- EA 1N6 :AT.)talik ON :aria+ ra Ew�r4 W.�T lank +1) NOTE: All elevations to be modified per conditions of approval and per adopted exhibit notes. Elevations shown in these exhibits do not reflect all modifications necessary to meet conditions of approval. Modifications shall be reviewed and approved by staff during building permit review. ITEM NUMBER DATE: Exhibit F: Elevations and Floor Plans Awnings to be open ended with decorative supports Entry feature and design to be per architect drawings shown above ��.mocca �pa� .+cw�roar --- --. IT.000 60iT -_y �x wiwr...ce.c - _� .I �--■ RSrsFrT 6LMATfON ec.s •.r.,c -- -.-_q IM I L -M !M M �Y.CG !Lr/ATGN o4•■Y•■♦ m�. L ♦oo■.iso NOTE: All elevations to be modified per conditions of approval and per adopted exhibit notes. Elevations shown in these exhibits do not reflect all modifications necessary to meet conditions of approval. Modifications shall be reviewed and approved by staff during building permit review. 02.01.05 Windows throughout project to be consistent with this elevation ITEM NUMBER DATE: Exhibit F: Elevations and Floor Plans .•.r .its OL 02.01.05 .- - - ---i -- -- - -.1 Exhibit G: Color and Materials Spanish tile roofing for all hipped roof - elements. No - metal roofing shall be permitted ITEM NUMBER: 2 DATE: 02.01.05 ko All roof elements to be consistent throughout project , - ri I NOTE: All elevations to be modified per conditions of approval and per adopted exhibit notes. Elevations shown in these exhibits do not reflect all modifications necessary to meet conditions of approval. Modifications shall be reviewed and approved by staff during building permit review. Exhibit G: Color and Materials EVERGREEN X 1 i MISTY (BASE 200) X-86 SANDSTONE (BASE 200) CALISTOGA I W-1— Edge OAKRIDGE I M.."'IIi„ 1 -1l , ITEM NUMBER: 2 DATE: 02.01.05 SLATE GRAY I Stacked Stone NOTE: Color and Materials subject change based on conditions of approval. All colors and materials shall be reviewed and approved by staff prior to building permit issuance. ITEM NUMBER DATE: Exhibit H: Tree Protection Plan , , I .,� " '.. �, s 2 uc.0 1.u3 ITEM NUMBER: 2 DATE: 02.01.05 ATTACHMENT 6: Draft Resolution PC 2005-0012 DRAFT RESOLUTION PC 2005-0012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 2004-0050 A NINE LOT SUBDIVISION CONSISTENT WITH A MASTER PLAN OF DEVELOPMENT ON APN 031-161-024 (Curbaril Business Center - Gearhart/Shannon) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Ave; Atascadero, CA 93422), Applicant and Robert Shannon (PO Box 2612, Atascadero, CA 93423), Owner, for a Conditional Use Permit to establish a Master Plan of Development and corresponding Tentative Tract Map to establish a 9 -lot office development on a 1.46 acre site located on APN 031-161-024; and, WHEREAS, the site's General Plan Designation is GC (General Commercial); and, WHEREAS, the site's zoning district is CP/PD-3 (Commercial Professional with a Planned Development 3 overlay zone); and, WHEREAS, projects in excess of 10,000 square feet requires the adoption of a Conditional Use Permit; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2004-0054 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 was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Conditional Use Permit; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on February 1, 2005, studied and considered Tentative Tract Map (TTM 2004-0050), after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and ITEM NUMBER: 2 DATE: 02.01.05 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 finds as follows: The proposed subdivision, design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements, including provisions of the PD -3 overlay district. 2. The proposed subdivision, as conditioned, is consistent with the proposed Master Plan of Development (CUP 2003-0089). 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. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on February 1, 2005, resolved to approve Tentative Tract Map (TTM 2004-0050) subject to the following: EXHIBIT A: Tentative Tract Map EXHIBIT B: Conditions of Approval/Mitigation Monitoring ITEM NUMBER: 2 DATE: 02.01 On motion by Commissioner , and seconded by Commissioner 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 the Exhibit A: Tentative Tract Map 'Oft ROAD —Ar ��II�III�11�1�II�� Y Y ITEM NUMBER DATE: 2 VL.V I.VJ ITEM NUMBER: 2 DATE: 02.01.05 Exhibit B: Conditions of Approval / Mitigation Monitoring Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TTM 2004-0050 SIP: Subdivision FD: Fire Department Improvement Plans PD: Police Department FM: Final Map CE: City Engineer Curbaril Office Development p Occupancyary Occupancy WW: Wastewater CA:CilyAttomey Fl: Final inspection AMWC: Water Comp. F0: Final Occupancy Planning Services 1. The approval of this Tentative Parcel Map shall not become final and FM PS effective following approval of Conditional Use Permit 2003-0089. 2. Approval of this Tentative Parcel Map shall be valid for two years after FM PS its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the authority 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 Parcel Map shall be subject to additional fees for park or FM PS recreation purposes (QUIMBY Act) as required by City Ordinance. 5. The granting of this entitlement shall apply to the property located at On going PS 7955 Curbaril Ave. (APN 031-161- 024) regardless of owner. 6. The Final Map shall be drawn in substantial conformance with the FM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 7. The subdivider shall defend, indemnify, and hold harmless the City 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. 8. The final map shall be consistent with the approved Master Plan of Development (CUP 2003-0089) for the project site including building envelope locations. 9. Prior to final map, the applicant shall submit CC&Rs or similar maintenance mechanism for review and approval by the Community Development Department. The maintenance agreement shall record with the Final Map and shall include the following: ■ Provisions for maintenance of all common areas including access, parking, perimeter walls, and landscaping. ■ A detailed list of each individual owner's responsibilities for ITEM NUMBER: 2 DATE: 02.01.05 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services TTM 2004-0050 BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Improvement Plans PD: Police Department FM: Final Map CE: City Engineer Curbaril Office Development p TO: Temporary Occupancy A: Wastewater CA: City Attorney C FI: Final inspection AMWC: Water Comp. F0: Final Occupancy maintenance of the individual units. ■ A provision for review and approval by the City Community Development Department for any changes to the maintenance agreement that relate to the above requirements prior to the changes being recorded or taking effect. Fire Marshal 10. A NFPA 13 Fire Safety Sprinkler system is required to be installed BP FD/BS conforming to CBC, UFC, and City of Atascadero standards. System shall be designed by a licensed contractor and reviewed and approved by a licensed Fire Protection Engineer prior to submitting plans to the Fire Department. 11. Address signage design shall be provided prior to issuance of any BP FD/PS building permits. 12. Fire hydrant spacing shall be reviewed and approved by the fire FM FD department prior to recordation of the final map. City Engineer Conditions PROJECT SPECIFIC CONDITIONS Drainage: 13. Obtain approval by the City Engineer of the grading & drainage plan BP, GP CE and the storm drain design & facilities. 14. 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. Calculations shall evaluate impact of development on existing system and Atascadero Creek. 15. 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. 16. Show the method of dispersal at all pipe outlets. Include specifications BP, GP CE for size & type. 17. Acquire drainage easements where needed. Drainage shall cross lot BP, GP CE lines only where a drainage easement has been provided. ITEM NUMBER: 2 DATE: 02.01.05 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services TTM 2004-0050 BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Improvement Plans PD: Police Department FM: Final Map CE: City Engineer Curbaril Office Development p TO: Temporary Occupancy A: Wastewater CA: City Attorney C FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 18. Concentrated drainage from off-site areas shall be conveyed across BP, GP CE the project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement 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: Curbaril 19. 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. 20. The City Engineer and City Attorney shall approve the final form prior to recordation. 21. All public improvements shall be constructed in conformance with the BP, GP CE City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 22. 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. 23. Applicant shall overlay Curbaril Avenue to the centerline plus 10 feet. 24. Prior to issuance of building permits, the applicant shall submit a BP, GP CE grading and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. SANITARY SEWER CONDITIONS 25. The Public Works Department shall approve all wastewater facilities BP, GP WW prior to construction. This includes pumps, force mains, cleanouts, manholes and connections. 26. Applicant shall pay sewer extension (annexation) fees upon issuance BP, GP WW of 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. ITEM NUMBER: 2 DATE: 02.01.05 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services TTM 2004-0050 BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Improvement Plans PD: Police Department FM: Final Map CE: City Engineer Curbaril Office Development p TO: Temporary Occupancy A: Wastewater CA: City Attorney C FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 28. Gravity mains within the subdivision shall be eight (8) inches in BP, GP WW diameter. 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 BP, GP CE City 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 FM CE and approval by the City Engineer to determine the amount of the bond. 33. The Subdivision Improvement Agreement shall record concurrently FM CE with 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 line frontage of each lot or its public utility easement. 36. The applicant shall monument all property corners for construction FM CE control 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 FM CE fill slopes. 39. Drainage easements shall be provided as needed to accommodate FM CE both public and private drainage facilities. 40. The final map shall be signed by the City Engineer prior to the map FM CE being placed on the agenda for City Council acceptance. ITEM NUMBER: 2 DATE: 02.01.05 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services TTM 2004-0050 BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Improvement Plans PD: Police Department FM: Final Map CE: City Engineer Curbaril Office Development p TO: Temporary Occupancy A: Wastewater CA: City Attorney C FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 41. Prior to recording the tract map, the applicant shall submit a map FM CE drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 42. Prior to recording the tract map, the applicant shall set monuments at FM CE all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 43. Prior to recording the tract map, the applicant shall pay all outstanding plan check/inspection fees. 44. Prior to recording the map, the applicant shall complete all FM CE improvements required by these conditions of approval 45. Prior to recording the tract map, the applicant shall have the map FM CE reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the map. 46. Upon recording the final map, the applicant shall provide the City with a FM CE black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 47. Prior to the final inspection of any public improvements, the applicant FM CE shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 48. Prior to the final inspection, the applicant shall submit a written BP, GP CE certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 49. An encroachment permit shall be obtained prior to any work within City BP, GP CE rights of way. 50. Prior to the issuance of building permits the applicant shall submit a BP, GP CE grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. Atascadero Mutual Water Company Standard Conditions 51. Before the issuance of building permits, the applicant shall submit plans to AMWC for the water distribution facilities needed to serve ITEM NUMBER: 2 DATE: 02.01.05 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services TTM 2004-0050 BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Improvement Plans PD: Police Department FM: Final Map CE: City Engineer Curbaril Office Development p TO: Temporary Occupancy A: Wastewater CA: City Attorney C FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 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. 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: A landscape plan prepared by a qualified professional is required. Landscaping shall consist of City approved street trees placed a minimum of 30 feet on center. All street trees shall be 24" box size. All other landscape trees and shrubs shall be a minimum 15 -gallon size. Mitigation Measure 1.c.2: Evergreen screen trees shall be incorporated into the landscape plan where the proposed project is adjacent to residential uses. ITEM NUMBER: 2 DATE: 02.01.05 Conditions of Approval / Mitigation Monitoring Program TTM 2004-0050 Curbaril Office Development p 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 A: Wastewater CA: City Attorney C AMWC: Water Comp. Mitigation Measure Mitigation Measure 1.d: All lighting shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 15 -feet in height, shall limit intensity to 2.0 foot candles at ingress /egress, and shall otherwise provide a 0.6 foot candle minimum to 1.0 maximum in parking areas. The proposed lighting plan shall accomplish a zero footcandle reading at the property line. Fixtures shall be shield cut-off type. Wall mounted fixtures at rear of buildings facing adjacent properties, except at exits, shall be avoided. Mitigation Measure 3.b.1: Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If Naturally Occurring Asbestos (NOA) is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. . If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Should Naturally Occurring Asbestos be identified within the area of construction, and the worked area will be less than or equal to one acre, then the dust control measures identified below are required. If the disturbed area is greater than one acre, additional requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. ITEM NUMBER: 2 DATE: 02.01.05 Conditions of Approval / Mitigation Monitoring Program TTM 2004-0050 Curbaril Office Development p 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 A: Wastewater CA: City Attorney C AMWC: Water Comp. Mitigation Measure Mitigation Measure 3.b.2: The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in section 6.4 of the Air Quality Handbook. All site grading and demolition plans notes shall list the following regulations: N. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage, preferably in the late morning and after work is finished for the day. O. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e. greater than 15 mph averaged over one hour) so as to prevent excessive amounts of dust. P. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. Q. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. R. Permanent dust control measured identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. S. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast - germinating native grass seed and watered until vegetation becomes established. T. All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods in advance by the APCD. U. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible. In addition, structural foundations shall be completed as soon as possible following building pad construction. V. On-site vehicle speed shall be limited to 15 mph for any unpaved surface. W. All unpaved areas with vehicle traffic shall be watered at least twice per day, using non -potable water. X. Streets adjacent to the project site shall be swept daily to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust from leaving the site. Y. Wheel washers may be required when significant offsite import or export of fill is involved. Z. Large canopy shade trees shall be provided along street frontages and within parking areas to shade paved areas and minimize urban heat build-up. ITEM NUMBER: 2 DATE: 02.01.05 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services TTM 2004-0050 BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Improvement Plans PD: Police Department FM: Final Map CE: City Engineer Curbaril Office Development p TO: Temporary Occupancy A: Wastewater CA: City Attorney C FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Mitigation Measure 4.e.1: Grading and excavation and grading work shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: G. All existing trees outside of the limits of work shall remain. H. Earthwork shall not exceed the limits of the project area. I. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. J. Vehicles and stockpiled material shall be stored outside the dripline of all trees. K. 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. L. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 4.e.2: The removal of identified native oak trees shall be mitigated per the requirements of the Atascadero Native Tree Ordinance. Mitigation Measure 6.b.1: All disturbed areas, not shown on the project landscape plan for landscaping shall be landscaped with one or more of the plant materials listed on the landscape plan legend. All elevated pads shall be landscaped with appropriate shrubs and shall be contoured to blend naturally with the finished and/or existing grade. Duration of the project: The contractor will be responsible for the clean- up of any mud or debris that is tracked out on to EI Camino Real by construction vehicles. Mitigation Measure 6.c.d: A soils report shall be required to be submitted with a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. Any excavation recommendations that encroach into the 20 -foot creek setback area shall address creek bank stability and shall be reviewed by the project biologist. The property contains no unusual geological formations. Mitigation Measure 8.e.f.1: A Stormwater Pollution Prevention Plan (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. ITEM NUMBER: 2 DATE: 02.01.05 Conditions of Approval / Mitigation Monitoring Program TTM 2004-0050 Curbaril Office Development p 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 A: Wastewater CA: City Attorney C AMWC: Water Comp. Mitigation Measure Mitigation Measure 8.e.f.2: The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop work orders. Mitigation Measure 11.d.1: All construction activities shall comply with the City of Atascadero Noise Ordinance for hours of operation, and as follows: Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday The Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors may modify the hours of construction. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Planning Commission.