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HomeMy WebLinkAboutPC_2005-05-03_AgendaPacketCALL TO ORDER CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting May 3, 2005 — 7:00 P.M. City of Atascadero Pavilion on the Lake 9315 Pismo Ave. - Atascadero, California Pledge of Allegiance Roll Call: Chairperson Porter Vice Chairperson Beraud Commissioner Fonzi Commissioner Jones Commissioner Kelley Commissioner O'Keefe Commissioner Peterson APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda) CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non -controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions) 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON APRIL 19, 2005. City of Atascadero Planning Commission Agenda PUBLIC HEARINGS Regular Meeting May 3, 2005 Page 2 of 4 (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 2004-0146, TENTATIVE TRACT MAP 2004-0064, EMERALD RIDGE HOMES Applicant: Laughlin Development Co., 479 Pacific Street, Ste. 2A, Monterey, CA 93940 Phone 831-655-3142 Project Title: CUP 2004-0146, TTM 2004-0064, Emerald Ridge Homes Project 2555 & 2605 El Camino Real, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 049-151-008, 009 Project The proposed project consists of an application for a Conditional Use Permit to establish an 89 -unit Description: condominium development as an extension of an approved condominium development on the adjacent lot to the south and the creation of a single-family residential parcel. The proposed project will connect to Phase I of the Emerald Ridge development culminating in a total of 132 units on a combined 8 acre site. The project will include 65 two-bedroom units and 24 three-bedroom units. Each unit will have a one -car Proposed garage with one additional parking space located in the private driveway. The single-family residential Environmental parcel will include the relocated Colony Home, a new detached garage, and new secondary unit. Twenty- Determination: one native trees are proposed for removal. General Plan Designation: High Density Residential Zoning District: Residential Multi -Family — 16 Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The Environmental proposed Mitigated 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. 3. CONDITIONAL USE PERMIT 2005-0154,8632 LA ESPUELA COURT Applicant: Alan Tremper, 8632 La Espuela Ct, Atascadero, CA 93422 Phone 466-4528 Project Title: Conditional Use Permit 2005-0154 Project 8632 La Espuela Ct, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 030-400-052 Project The proposed project consists of an application for a Conditional Use Permit to amend the Master Plan of Description: Development for Chalk Mountain Village and add an approximately 770 square foot patio within the backyard area of a sloped property. General Plan Designation: Medium Density Residential Zoning District: Residential Multi -Family — 10 / PD -6 Proposed This project qualifies for a Class 3 Categorical Exemption per CEQA Section 15303: New Construction or Environmental Conversion of Small Structures. Determination: City of Atascadero Planning Commission Agenda Regular Meeting May 3, 2005 Page 3 of 4 COMMUNITY DEVELOPMENT STAFF REPORTS 4. CUP 2004-0127: PRELIMINARY REVIEW OF THE COLONY SQUARE MIXED USE PROJECT (6905 EL CAMINO REAL). NO FORMAL ACTION WILL BE TAKEN ON THE PROPOSED PROJECT. COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on May 17, 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, thatperson 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. 5-3-05.word.am.doc City of Atascadero Planning Commission Agenda Regular Meeting May 3, 2005 Page 4 of 4 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). \\Cityhall\cdvlpmnt\— PC Agendas\PC 2005\PC Agenda. 5-3-05.word.am.doc CALL TO ORDER ITEM NUMBER: 1 DATE: 5-3-05 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting April 19, 2005 — 7:00 P.M. Chairperson Porter called the meeting to order at 7:00 p.m. and Commissioner Beraud led the Pledge of Allegiance. Rr)l I rAl I Present: Commissioners Fonzi, Kelley, O'Keefe, Peterson, Beraud and Chairperson Porter Absent: Commissioner Jones Staff Present: City Manager Wade McKinney, Community Development Director Warren Frace, Deputy Community Development Director Steve McHarris, Deputy Public Works Director Jeff van den Eikhof, Deputy Executive Director of Redevelopment Marty Tracey, and Recording Secretary Grace Pucci. APPROVAL OF AGENDA MOTION: By Commissioner O'Keefe and seconded by Vice Chairperson Beraud to approve the agenda. Motion passed 6:0 by a roll -call vote. PUBLIC COMMENT Orem PC Draft Minutes 04/19/05 Page 1 of 7 CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON APRIL 5, 2005. Commissioner Fonzi requested the following change to the Minutes of April 5, 2005: Page 4, first sentence of first motion, changing the word "exiting" to "existing." MOTION: By Commissioner Fonzi and seconded by Commissioner Kelley to approve Item #1 as amended. Motion passed 6:0 by a roll -call vote. Commissioner Jones joined the hearing at 7:05 p.m. COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS 2. CONDITIONAL USE PERMIT 2004-0144, EL CAMINO REAL LUBE AND GO WITH CAR WASH Applicant: Atascadero Enterprises, 2505 Theatre Drive, Suite A, Paso Robles, CA 93446 Phone: 239-2662 Project Title: El Camino Real Lube and Go with Car Wash - Conditional Use Permit 2004-0144 Project 7095 El Camino Real Location: APN 030-081-008 Project The proposed project consists of an application for a Conditional Use Permit (CUP) for Description: construction of a new 2,114 square foot 2 -bay automotive maintenance lube and oil garage with an attached waiting room and drive-through car wash facility. The project would include a minimum of six vehicle parking spaces and a large 36 -foot wide front paved area and a 51 -foot wide rear paved driveway to accommodate vehicle queuing area entering and exiting the facility. No native trees are proposed for removal and the project will take access from El Camino Real. General Plan Designation: General Commercial (GC) Zoning District: Commercial Retail (CR) 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. Community Development Director Warren Frace and Deputy Community Development Director Steve McHarris gave the staff report and answered questions of the Commission. PC Draft Minutes 04/19/05 Page 2 of 7 PUBLIC COMMENT Adam Scattini, applicant, gave a presentation on the project and distributed a copy of the presentation to the Commission. (Exhibit A) Mr. Scattini answered questions of the Commission and stated an approval with a 15 year review period would be acceptable. Joe Simonin, applicant, stated he would be very willing to work with the Commission and staff to make the project acceptable. Mr. Simonin answered questions of the Commission. Robert Fisher, applicant's architect, discussed the design of the project and reviewed the Conditions of Approval in dispute: ■ Should put the four foot wall back in to screen the site. ■ Mitigation Measure No. 15.d.2: "northerly" driveway should be changed to read "southerly" driveway. ■ Condition of Approval No. 2: "3 -bay" lube and oil facility should be changed to read "2 -bay tandem" lube and oil facility. ■ Condition of Approval No. 6: the deeper tones are fine and the applicant's are willing to work with staff on color. ■ Condition of Approval No 10: moving the building back 15 feet would render the site unusable. ■ Condition of Approval No. 15: this not applicable as no easements are required from the three sides as with this layout the project is completely self-contained. ■ Condition of Approval No. 17: the easement at northerly half of the southern driveway is for the benefit of Video Palace not this applicant. ■ Conditional of Approval No. 16: this area has already been heavily studied and an additional traffic study is not necessary. Mr. Fisher answered questions of the Commission. Maureen Nubers, Paso Robles resident, stated she likes the project and the convenience of the location, and does not want Atascadero to be a tourist town. Fred Mensing, Atascadero resident, expressed his support of the project and spoke of the need for this type of business in Atascadero. David Athey, Paso Robles resident representing his father, who is an Atascadero resident, stated his support for this project and outlined its benefits to the community. John Slober, Nipomo resident, stated his nursery trucks travel throughout the state and he could support this project because this type of use is convenient. Chairperson Porter closed the Public Comment period. Commissioner comments were a follows: PC Draft Minutes 04/19/05 Page 3 of 7 Commissioner Kelley: 1. The current building is an eyesore and something needs to be done at the site. 2. This is a difficult piece of property and several others have tried to develop it. 3. The applicants have been cooperative with the city and he sees no problem with having them work with staff to create a beautiful building, and the community supports this as no one has spoken against it. 4. It is important to give local residents the opportunity to open a business. 5. Regarding the four finding requirements that must be met to approve the project: Requirement 1—there are similar businesses in the study area, and he would be in favor of reviewing the permit in 10 years. Requirement 2—this is a good business at this time, and will provide a service for the public. If this changes in the future then the CUP can be reviewed and the applicant can participate in a Master Plan of Development at that time. Requirement 3—the gateway to the downtown is at least 10 years away, and this would be a better use than what is there now. Requirement 4—he feels the applicants are willing to cooperate with the Commission and staff. Commissioner O'Keefe (prepared statement): 1. The 101/41 interchange is not designed as one of the four gateways in the General Plan. It will however be a hub for moving many vehicles in all four directions and drivers will be focusing on driving rather than the scenery. 2. There was a good reason for keeping the downtown area north of Highway 41 as identified in the General Plan zoning. 3. The Von's center does not lend itself to foot traffic except within the center and supermarkets are not located in the downtown. This proposed use within the center would be convenient for coffee, shopping and oil change. 4. The City Council has expanded the downtown study area and made a policy regarding this type of use in that area, however, "study" means information is being gathered and a policy not backed up by an ordinance is going on a slippery slope. The City Council policy is not substantive. 5. Future master planning is a nice idea but there are eight parcels with different owners and Von's is done with their major remodel. 6. The 36 foot paved area will be stamped concrete not the blacktop that is in front of Von's and Rite Aid. 7. The staff is recommending one access with only right turns for ingress and egress, theses conditions would not be imposed on other uses such as a restaurant. 8. Can't agree with staff finding that the project is inconsistent with the General Plan or with the immediate neighborhood. 9. Zoning and the General Plan are consistent with the project and the City Council policy does not change this. 10. She can make the findings for the CUP and trusts that the applicant will come up with a good design with staff's help. PC Draft Minutes 04/19/05 Page 4 of 7 Commissioner Fonzi: 1. Her initial impression was that she did not want this business in this location, and would rather have a restaurant; however, the footprint for this lot is very small and limits parking, which would not work for a restaurant without parking. 2. This project will bring jobs and tax revenue to the community. 3. The public could take their car in for service and do other errands within the center while waiting. 4. An outstanding design for this site is necessary as it is highly visible. 5. Would like to vote for the project, but what the applicant is proposing does not impress her at this time. She would like the applicants to work with staff to revise the project incorporating more landscaping, smaller signs, the patio area to be facing EI Camino Real and no bays facing EI Camino Real. Vice Chairperson Beraud: 1. She has spoken to people who feel this project use would be a step back for this site. 2. This type of business is needed in town but this is the wrong location for it. 3. This site does not allow for the changes previously requested by the Planning Commission. 4. Appreciates that the applicants are willing to include condition to review the CUP in 15 years, however, CUP's are hard to monitor and enforce, and the business may be sold, etc., then what would happen to the site. 5. At this point she must support staff recommendation. Commissioner Peterson: 1. Agreed with Commissioner O'Keefe's statement. 2. Would like to be certain there will be a berm with some height in the landscaping around the entire perimeter for screening. 3. Prefers the original building design—the higher peaks and larger face in the current design makes the building too bold and it will stand out too much. Would prefer a simpler design with some enhancements. 4. Applicant appears to be very willing to work with staff to enhance the site. Commissioner Jones: 1. The design as presented tonight is a major step back. 2. The project and site blew apart when the potential for the easements in the back was lost. That offered the connectivity to allow the public to enjoy the other uses in the center. 3. Would be willing to look at this again if the applicants started from the original design and made improvements, however, he does not see that tonight and is disappointed with the project. . Chairperson Porter: 1. He is in favor of the project, which stands on its own merit. 2. His concern is not with the use, but rather the layout, architecture and landscape, which he feels can be mitigated. PC Draft Minutes 04/19/05 Page 5 of 7 3. Regarding the four items for denial as presented by staff, the first three were not in place at the time the application was taken out and he does not advocate changing in mid stream. 4. The landscape and design issues can be mitigated, and the applicants appear willing to work with staff. MOTION: By Commissioner Kelley and seconded by Commissioner Peterson to adopt Resolution PC 2005-0009 (Attachment 4) certifying Proposed Mitigated Negative Declaration 2005-0002; and, approving Conditional Use Permit 2004-0144 to include the Master Plan of Development (EXHIBIT B) based on findings and subject to Conditions of Approval and Mitigation Monitoring, and with the following changes to the Conditions of Approval: 1. Condition of Approval No. 2: "3 -bay" changed to "2 -bay tandem," square footage to change to 2,114. 2. Condition of Approval No. 10: will be omitted. 3. Condition of Approval No. 15: the mutual access agreement is taken care of in their easements deal. 4. Condition of Approval No. 16: a full traffic study will not be required, but if they need to provide information to the traffic they will add to the condition, that is a reasonable request to make to interject it into the traffic studies that have already been made. 5. Atascadero Mutual Water Company condition requiring a separate water meter for landscaping shall be removed. 6. The CUP shall sunset at 15 years. 7. Condition of Approval No. 17: shall be removed as the applicant doesn't have the authority to do that. 8. Final architectural design shall be at the approval of staff and if that can't be met it shall be returned to the Planning Commission. Motion passed 5:2 by a roll -call vote. (Jones, Beraud opposed) COMMISSIONER COMMENTS AND REPORTS Commissioner Kelley suggested that a workshop with the applicants for Colony Square and the Planning Commission would be beneficial before the project went forward. Community Development Director Warren Frace asked the Commission to explain the issues that they would like more information on. Commission comments were as follows: 1) traffic flow through the project, 2) assurance that applicant would actually build out the project, 3) specifics on location of retail space within the project. Director Frace stated staff would come up with a time within the next two meeting dates to bring the applicants before the Commission to answer questions. PC Draft Minutes 04/19/05 Page 6 of 7 Commissioner Fonzi enquired if a date has been set for a joint meeting with the City Council to discuss affordable housing. Director Frace indicated that June 14th may be a possible date and the meeting would occur prior to the City Council meeting. Commissioner O'Keefe asked about the West Front project. Director Frace stated the project has not been resubmitted yet. Commissioner Jones asked about the status of both projects on Principal. Director Frace stated that grading permits have been issued for the Principal project that is under construction, and construction drawings are being reviewed for the West Pac project. DIRECTOR'S REPORT Community Development Director Warren Frace reviewed the agenda for the next Planning Commission meeting on May 3rd ADJOURNMENT Chairperson Porter adjourned the meeting at 9:08 p.m. to the next regularly scheduled meeting of the Planning Commission on May 3, 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 — Lube N Go presentation. PC Draft Minutes 04/19/05 Page 7 of 7 ITEM NUMBER: 2 DATE: 5-3-05 A tascadero Planning Commission Staff Report - Community Development Department Emerald Ridge Phase 11 & 111 CUP 2004-0146, TTM (Condominium) 2004-0064 (2555 & 2605 EI Camino Real, Laughlin Development Co.) RECOMMENDATIONS: Staff Recommends Planning Commission: 1. Adopt Resolution PC 2005-0032 recommending that the City Council certify Proposed Mitigated Negative Declaration 2005-0021; and, 2. Adopt Resolution PC 2005-0033 recommending that the City Council approve Conditional Use Permit 2004-0146 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 3. Adopt Resolution PC 2005-0034 recommending that the City Council approve Vesting Tentative Tract Map 2004-0064 based on findings and subject to Conditions of Approval and Mitigation Monitoring. REPORT -IN -BRIEF: The proposed project consists of a Conditional Use Permit and Tentative Tract Map to establish a Master Plan of Development for an 89 unit condominium development and on-site relocation of a Colony Home. The project site currently consists of two individual lots, one of which is split zoned Residential Suburban and High Density Multi -Family. The project proposal includes a request to subdivide the split zoned property to create an individual lot for the Colony Home. The proposed Colony Home lot will include the construction of a new detached garage and detached secondary unit. The applicant is also requesting a 15% density bonus consistent with General Plan Policy 2.1.2 for high quality architectural design. Staff is recommending that the Planning Commission grant this request based on the below analysis. ITEM NUMBER: 2 DATE: 5-3-05 DISCUSSION: Situation and Facts: 1. Applicant / Representative: Peter Laughlin, 479 Pacific Street, Suite 2A, Monterey, CA 93940 2. Project Address: 2555 & 2605 EI Camino Real, Atascadero, CA 93422 (San Luis Obispo County) APN 049-151-008, 009 3. General Plan Designation: General Plan Designation: High -Density Residential (16 units/acre) / Suburban Estates 4. Zoning District: RMF -16 (Residential Multiple Family) / Residential Suburban 5. Site Area: 4.9 acres 6. Existing Use: Single -Family Residence / Vacant 7. Environmental Status: Proposed Mitigated Negative Declaration 2005-0021 Background Surrounding Land Use and Setting: North: Residential Multi -Family East: Residential Multi -Family South: Residential Multi -Family West: Residential Single -Family Relocated Colony Home Project site: location Emerald Ridge Phase III Project site: Emerald Ridge Phase II Emerald Ridge: Phase I - 's approved 5/4/04 Highway 101 El Camino Real ITEM NUMBER: 2 DATE: 5-3-05 The project site is within the High Density Residential and Suburban Estates General Plan Land Use designation and is zoned Residential Multi -Family -16 and Residential Suburban. The adjacent property to the south has an approved Master Plan of Development for Phase I of the proposed condominium project. The applicant's current project includes vehicular and pedestrian connections throughout all phases of the condominium development. ANALYSIS: The project applicant has worked with staff for several months to achieve an attractive multi -family infill project while retaining a historic Colony Home on-site. Ten new buildings are proposed for the multi -family portion of the site: two 4 -unit buildings, one 6 -unit building, one 7 -unit building, and six 8 -unit buildings. The single-family portion of the site includes the relocated Colony Home with a new detached garage and detached secondary unit. In order to approve the Conditional Use Permit, the Planning Commission must find that the project is consistent with the General Plan as a prime multi -family site and all supporting documents and policies and that the project is consistent with the surrounding neighborhood. In addition, the applicant is requesting a 15% density bonus under the provisions of General Plan policy 2.1.2 which allows the Planning Commission to grant a density bonus if a finding can be made that the project exceeds the minimum standards set forth through Appearance Review guidelines. Staff is recommending that the Planning Commission grant this request. Appearance Review Site Plan, Circulation, and Parking The project is designed with a central drive that appears more as a neighborhood street than a driveway by including an enhanced entry, sidewalks, and street trees leading to the relocated Colony Home at the rear of the site. The project includes the following site design features which support approval of the project: • Community open space with tot lot at the center of the project connects the open space area of Phase I to the south. • Retention and preservation of a large lot setting for the existing Colony Home through relocation to the single-family portion of the site. • Pedestrian circulation system throughout all phases of the development including sidewalk along one side of the project entry drive. • Landscape buffer along EI Camino Real. Based on parking requirements set forth in the Atascadero Municipal Code for multi- family residential units, a minimum of 208 spaces is required to be provided on site for the proposed residential units. One garage space is provided for each unit with an ITEM NUMBER: 2 DATE: 5-3-05 additional space located in the driveway. 30 guest parking spaces are provided toward the center of the site, and along the open space for a total of 208 parking spaces. Curb, gutter, and sidewalk are provided along EI Camino Real. As conditioned, the sidewalk has been designed to avoid existing street trees through a meandering sidewalk design. Architecture, Materials, and Color The project has been designed with a Colonial/Americana style of architecture that incorporates a variety of materials, traditional window styles, brick accent elements, accentuated vertical elements, and stylized columns. The project incorporates stucco finish and horizontal siding and includes a variety of earth -toned colors applied to accentuate key architectural features such as window pop -outs, chimneys, and gabled roofs. Minor conditions of approval have been included regarding the exterior material finish (non -machine finish stucco siding, architectural grade garage doors) (Condition CUP 8). The project has been designed to orient the private outdoor patio areas toward EI Camino Real, turning the garages toward the interior of the site. The following design features have been incorporated into the project, which supports approval of the project and granting of the density bonus request: ■ Variety of materials: stucco, varying widths of horizontal siding, brick veneer, textured metal accent roofing, wood balcony railing. ■ Undulations in facade elements and staggered units. ■ Stylized columns. ■ Traditional window design to include window grids. ■ A variety of dark earth toned colors to accentuate architectural features and compliment the overall appearance of the project. ■ Bracketed eaves, pop -outs, and overhangs. Landscape Design The preliminary landscape plan has been designed to compliment the project design and architecture, create an attractive appearance along EI Camino Real, buffer the adjacent single-family properties, and create an attractive streetscape along the central drive. Proposed landscaping includes drought tolerant shrubs and accent plants, with a combination of evergreen and deciduous trees placed throughout the site. The City Council has established a policy which requires buffering between all higher density residential projects and properties zoned for large lot single-family development. The Council determined that 20 feet of landscaping provides an adequate buffer for such development boundaries. The proposed project does not meet this standard along ITEM NUMBER: 2 DATE: 5-3-05 the full length of the rear property line. The applicant has provided a defense of the buffering strategy as proposed as provided in Attachment 4. The applicant has provided detailed planting plans for the EI Camino Real frontage, the tot -lot, the central drive, and the east buffer zone (see Attachment 6, Exhibit C). In staff's opinion, the proposed landscape plan and palette, as conditioned, meets the Planned Development Appearance Review requirements. Native Tree Mitiaation/Preservation A tree removal application for 21 native oak trees, 20 of which fall under the prevue of the Atascadero Native Tree Ordinance. All proposed removals are between 4 -inches dbh and 22 -inches dbh with a majority located within the existing drainage course (See preliminary biological assessment Attachment 3). A condition of approval has been included requiring that the applicant pay mitigation fees into the Tree Replacement Fund or provide equivalent re -plantings on site, as required by the Atascadero Native Tree Ordinance and as shown in the following chart (Condition CUP 22). Evergreen Native Trees (inches) Deciduous Native Trees (inches) Mitigation Requirement req'd tree replacements: Tree Fund Payment: $ 64 five gal trees 3,216.67 req'd tree replacements: Tree Fund Payment: $ 0 five gal trees Totals 193 -inches 64 five gal trees $ 3,216.67 dbh notes dbh notes 1 6 -inches 1 2 10 -inches 2 3 22 -inches 3 4 14 -inches 4 5 6 -inches 5 6 14 -inches 6 7 14 -inches 7 8 16 -inches 8 9 7 -inches 9 10 9 -inches 10 11 14 -inches 11 12 6 -inches 12 13 5 -inches 13 14 12 -inches 14 15 10 -inches 15 16 6 -inches 16 17 10 -inches 17 18 4 -inches 18 19 4 -inches 19 20 4 -inches 20 Total 193 -inches Total 0 -inches Mitigation Requirement req'd tree replacements: Tree Fund Payment: $ 64 five gal trees 3,216.67 req'd tree replacements: Tree Fund Payment: $ 0 five gal trees Totals 193 -inches 64 five gal trees $ 3,216.67 ITEM NUMBER: 2 DATE: 5-3-05 Historic Resources The existing residence is identified as a historic Atascadero Colony Home based on the age of the structure and records obtained from the Atascadero Historic Society. The structure appears to be in its original location with minor additions to the exterior in the form of porches and decks. The project proposal includes the relocation of the Colony Home to the single-family zoned portion of the project site. The relocation will preserve the historic setting of the Colony Home. The project proposal includes a Tentative Parcel Map to subdivide the single-family zoned portion of the site from the multi -family development. The applicant is proposing to include a secondary unit and detached garage adjacent to the Colony Home. Mitigation Measures have been incorporated into the conditions of approval to ensure that relocation and construction of accessory buildings are consistent with, and compliment the historic Colony Home. Site Drainage Historically, the site drains to EI Camino Real. In addition, the site contains a drainage course which, according to the applicant, was created as a result of up -hill grading and development. The project is designed to maintain historic flow and all flows will be detained in an underground detention basin located in the driveway area of the first group of units. These facilities will detain the flow of up to a 50 -year event and release it at a post construction historic rate. There will be no increase in the volume of flow downstream. 1A/actPXA/Ptar Sanitary sewer will be connected to existing sewer facilities in EI Camino Real. The Wastewater Treat Plant and the City collection system have sufficient capacity to handle the new flow. Tentative Tract Map A 92 -lot Tentative Tract Map (TTM 2004-0064) to allow for the subdivision of the single- family zoned portion of the site from the multi -family zoned portion and to allow for the establishment of 89 air -space condominium units on two common lots is proposed as part of the project consistent with the proposed Master Plan of Development. The Tract Map has been conditioned by staff and the City Engineer to meet all City standards including on- and off-site street improvements. The applicant will be required to record CC&R's with the map that will include maintenance and access of common areas (Condition CUP 21/TTM 8). ITEM NUMBER: 2 DATE: 5-3-05 General Plan Consistency The proposed project is consistent with the following General Plan Land Use and Housing Element Policies: Land Use Policy 1.1: "Preserve the rural atmosphere of the community and assure "elbow room" in areas designed for lower density development by guiding new development into the Urban Core to conform to the historic Colony land use patterns of the City and to respect the natural environment, hillside area and existing neighborhoods". Land Use Program 1.1.7: "Within the Urban Core encourage infill development or revitalization or reuse of land already committed to urban development where utilities and public services exist. Land Use Policy 2.1.5: Supports attached multi -family developments on prime multi- family sites throughout the City. Based on qualifying factors set forth in the General Plan, this site qualifies for prime multi -family status. Housing Element Policy 4.3: "Encourage attractive architecture and site landscaping that respect terrain and native trees". In staff's opinion the proposed project is consistent with the goals and policies of the Land Use Element and the Housing Element. The project will provide 89 attached single-family residential units and will relocate the existing Colony Home to the single- family portion of the site. As conditioned, the project incorporates elements that are consistent with the scale and character of the surrounding residential neighborhood and the General Plan land use vision for the surrounding area. Findings Conditional Use Permit (Master Plan of Development) A Master Plan of Development is required for the proposed multi -family project in the form of a Conditional Use Permit. The proposed Master Plan of Development sets development standards related to architectural design, site design, landscape, signage, and specific development standards required by the Zoning Ordinance. The Planning Commission must make the following five findings to recommend approval of the proposed Master Plan of Development: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. ITEM NUMBER: 2 DATE: 5-3-05 Staff Comment: The use is consistent with the General Commercial designation of the General Plan and General Plan Land Use Element Policy 1.1, 1.1.7, 2.1.5, and Housing Element Policy 4.3. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). Staff Comment: As conditioned, the project satisfies all Conditional Use Permit and zoning code provisions. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment: The proposed residential development will not be detrimental to the general public or working persons health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The proposed project is compatible with the surrounding neighborhood by providing a higher density residential development along EI Camino Real with landscape buffering to adjacent single-family land uses. The project has been designed to enhance the appearance along EI Camino Real with compatible architecture and project landscaping. The General Plan identifies the project site as a prime multi -family site. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: The proposed project and use is consistent with the traffic projections and road improvements anticipated within the General Plan and as proposed by the applicant. Tree Removals 1. The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: ITEM NUMBER: 2 DATE: 5-3-05 ■ Early consultation with the City; ■ Consideration of practical design alternatives; ■ If saving tree eliminates all reasonable uses of the property; or ■ If saving the tree requires the removal of more desirable trees. Proposed Environmental Determination A Draft Mitigated Negative Declaration was circulated to public agencies and interested members of the public on April 13, 2005. The environmental analysis identified concerns regarding potential impacts to aesthetics, land use and planning, noise, biological resources, and traffic. Mitigation measures pertaining to these resources are included. A finding is proposed that this project would not have a significant effect on the environment based upon the implementation of the identified mitigation measures. Conclusion In staff's opinion, developing the property with a high density attached single-family project is consistent with the General Plan and compatible with the surrounding neighborhood. The project incorporates high quality architectural design, materials, and landscaping, and incorporates architectural themes into the site and building design, as conditioned. Native trees in excess of 24 -inches dbh have been preserved and conditions and mitigation measures have been appropriately incorporated into the project. As analyzed within the project Initial Study and Draft Mitigated Negative Declaration, the proposed Master Plan of Development would have no significant environmental impacts and will not be detrimental to the general public or working persons health, safety, or welfare. Based on staff's analysis in the preceding sections, it appears that all of the required findings for project approval and granting of the 15% density bonus can be made. ITEM NUMBER: DATE: 5-3-05 ALTERNATIVES The Commission may make modifications to the project and/or conditions of approval. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The parcel would retain its designation of Residential Multi -family. The Commission should specify the reasons for denial based on the Conditional Use Permit findings for the project. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1: Location, General Plan, and Zoning Map Attachment 2: Site Pictures Attachment 3: Preliminary Biological Assessment Attachment 4: Applicant letter: Landscape buffering Attachment 5: Proposed Mitigated Negative Declaration and Initial Study Attachment 6: Draft Resolution 2005-0032 Attachment 7: Draft Resolution 2005-0033 Attachment 8: Draft Resolution 2005-0034 ITEM NUMBER: DATE: 5-3-05 Attachment 1: Location Map, General Plan and Zoning Project Zoning: RMF -16 General Plan Designation: High Density Residential ITEM NUMBER: 2 DATE: 5-3-05 Attachment 2: Site Pictures Colony House Overall Site Picture Attachment 3: Preliminary Biological Assessment SIERRA DELTA CORPORATION 935 Rivmido Drive, Suite 21 Pao Robles, California 93446 805.239.9293 • Fax: 805.2399309 Email:.m*gm i@abcgtohalad April 6, 2005 Laughlin Development clo Peter Laughlin 479 Pacific Street, Suite 2A Monterey, CA 93940 ITEM NUMBER: DATE: 5-3-05 Subject: Biological Site Inspection for the Subject Properties located at 2555 and 2605 El Camino Real, Atiscadero, California 93422. IisTi�riR:TRSy'f� Sierra Delta Corporation ("SDC") conducted an on-site inspection of the Subject Properties located at 2555 & 2605 El Camino Real to determine if there would be impacts to natural biological communities. SDC staff, Kelly Gillogly and Cletis England, conducted a site inspection on April 5, 2005. SDC staff' observed the following during the site inspection: The drainage did not qualify as a wetland utilizing the Wetlands Research Program Technical Report Y-87- 1, Corps ojEngineem Wetlands Delineation Manual, January 1987. The Subject Properties are located along the east side of El Camino Real in Atascadero, California The two parcels are adjoining with an artificial drainage running down the properties in a westerly direction. The east to west drainage is approximately five feet deep and fifteen feet across with vegetation throughout the majority of the reach within the Subject Property's boundaries. Oak, willow, and cottonwood trees were observed growing within the drainage. The drainage appears to be artificial due to the previous development of the neighboring properties directing all the surface water nm -off from upslope toward the Subject Property. If vegetation removals occurs during the bird nesting season, March 15`s thin August li's, SDC recommends that a qualified biologist conduct a pre -construction survey for nesting birds. If vegetation removal is conducted outside the stated nesting period a pre -construction survey for nesting birds is not necessary. As this is an artificial drainage, removal of vegetation or manipulation of the drainage is not anticipated to affect the natural biological communities of the surrounding area. Should you have any questions or additional information requests, please contact the undersigned at 805.239.9293. RcspcY'tfuuy, SIERRA DELTA CORPORATION Cleds Eng�Project Manager Cl3E/kdg ITEM NUMBER DATE: 5-3-05 Attachment 3: Preliminary Biological Assessment SIERRA DELTA CORPORATION 932 Rk-dl dMy Sdro 21 I'm RaNq C dOwntA 934% iO3. b9.9293 - Yit iu2.li9 93D9 0i1 m u August 27.2004 KC Design Group Mr. Ken Chacon 13000 Atascadero Road Atascadero. California 93422 Subject: Wetlands Inspection for the Subject Properties located at 2555 and 2605 El Canino Real Atascadero, California 93422. Dear Ken: Sierra Delta Corporation ("SDC") conducted an on-site inspection of the Subject Properties located at 2555 & 2605 El Camino Real to determine if a Wetlands Delineation was necessary_ . SDC conducted the site inspection on August 26, 2004. SDC observed the following during the site inspection: The Subject Properties are located along the cast side of El Camino Real in Atascadero, California The two parcels are adjoining with a seasonal drainage running down the properties in a wcsterly diroction. The east to west drainage is approximatehr five feet deep and fifteen feet across with vegetation throughout the majority of the drainage. The drainage on the parcel was assessed utilizing the Wetlands Research Program Technical Report Y-87- 1, Corps of Engineers Wetlands Delineation Manual, Jarrumy 1987. Using the protocol for site inspections within the manual, the following determination was made. Dominant vegetation, apprordnrately 50 to 60 percent, observed within this drainage consisted of hydmphytic vegetation (willows and cottonwoods). With the presence of hydrophilic vegetation, the soils and hydrology were then assessed. Two soil samples were taken within the drainage to determine if hydrophilic soils were present. The soils were not hydrophilic in nattvc, and consist of Oceano loamy sand, wtdch has a high permeability and a low water capacity. Wetland hydrology was also absent from the Subject Property. With the absence of hydrophilic soils and wetland hydrology, the site does not qualify under the Arany Corps of Engineers criteria as a wetland. SDC determined that no further investigation was warranted at this time. Should you have any questions or additional information requests, please contact the undersigned at 805.239.9293. Respectfully, SIERRA DELTA CORPORATION Robb Eidemiller, President and CEO RIE/kdg ITEM NUMBER DATE: 5-3-05 Attachment 4: Applicant Letter: Landscape Buffering LEONARD GRANT, A R C H I T E C T LICENSE NUMBER C26973 A R C H I T E C T V R R, 1 H C. March 31, 2005 Kelly Gleason, Associate Planner City of Atascadero Community Development Department 6905 El Camino Real, Ste. 6 Atascadero, CA 93422 RE: Emerald Ridge Homes 2555 and 2605 El Camino Real Atascadero, CA 93422 Dear Kelly: In regards to item number 6 of the plan check corrections, dated March 16, 2005, LGA plans to mitigate the twelve -foot eleven -inch (12'-11") setback on the Eastern property line of lot 14 through the following: • Placement of the single-family residence and the recessing the multifamily dwellings below grade allows for ample separation and an unobstructed view corridor from the single-family lot to the West. • Placement of a six-foot high vine covered fence on the Eastern property line. • Providing a three-foot deep, densely landscaped area between the retaining wall and the property line. This three foot deep landscape buffer shall contain screening trees as specified by the Landscape Architect, consistent with the landscape buffer provided on Phase 1. • Potential additional landscaping on the single-family lot. Thank you for your attention. Sincerely yours, /e7:3� Leon Architect AIA 330 JAMES WAY, SUITE 260, PISMO BEACH. CA 93449 PHONE 805.773.7113 FAX 805.773.7115 ITEM NUMBER DATE: 5-3-05 Attachment 5: Proposed Mitigated Negative Declaration and Initial Study See Following ITEM NUMBER: 2 DATE: 5-3-05 ATTACHMENT 6: Draft Resolution PC 2005-0032 Approval of Draft Mitigated Negative Declaration DRAFT RESOLUTION PC 2005-0032 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, CERTIFYING PROPOSED MITIGATED NEGATIVE DECLARATION 2005-0021 PREPARED FOR CONDITIONAL USE PERMIT 2004-0146 AND TENTATIVE TRACT MAP 2004-0064 ON APN 049-151-0089 009 (Laughlin Development Co.) WHEREAS, an application has been received from Laughlin Development Company (479 Pacific Street, Suite 2A, Monterey, CA 93940), Applicant and Property Owner, to consider a project consisting of a Master Plan of Development and Tentative Tract Map to establish 89 airspace condominium units on two common lots and a single-family residential parcel located at 2555 and 2605 El Camino Real (APN 049-151-008, 009); and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2005-0021 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 May 3, 2005 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, WHEREAS, the Planning Commission has determined that the project will have no significant impacts with project specific mitigation measures incorporated; and, NOW THEREFORE, the Planning Commission of the City of Atascadero, hereby resolves to certify Proposed Mitigated Negative Declaration 2005-0021 based on the following Findings, and as shown in Exhibit A: 1. The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, 2. The Proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, 3. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project; and, ITEM NUMBER: 2 DATE: 5-3-05 4. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, 5. The project does not have impacts which are individually limited, but cumulatively considerable; and, 6. The project will not cause substantial adverse effects on human beings either directly or indirectly; and, 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 Greg Porter Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 5-3-05 Exhibit A Proposed Mitigated Negative Declaration 2005-0021 (see following) ITEM NUMBER DATE: 5-3-05 ATTACHMENT 7: Draft Resolution PC 2005-0033 Approval of Proposed Master Plan of Development DRAFT RESOLUTION PC 2005-0033 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2004-0146 (MASTER PLAN OF DEVELOPEMNT) ON APN 049-151-0089 009 (Laughlin Development Co.) WHEREAS, an application has been received from Laughlin Development Company (479 Pacific Street, Suite 2A, Monterey, CA 93940), Applicant and Property Owner, to consider a project consisting of a Master Plan of Development and Tentative Tract Map to establish 89 airspace condominium units on two common lots and a single-family residential parcel located at 2555 and 2605 El Camino Real (APN 049-151-008, 009); and, WHEREAS, a Conditional Use Permit is required for all multi -family developments with 12 or greater units and acts as the Master Plan of Development for the project site; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0021 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on May 3, 2005, studied and considered the Conditional Use Permit 2004- 0146 (Master Plan of Development), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of Conditional Use Permit. The Planning Commission finds as follows: ITEM NUMBER: 2 DATE: 5-3-05 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 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 May 3, 2005, resolved to approve Conditional Use Permit 2004- 0146 (Master Plan of Development) and Tree Removal Permit subject to the following: EXHIBIT A: Conditions of approval / Mitigation Monitoring Program EXHIBIT B: Master Plan of Development / Landscape Plan EXHIBIT C: Landscape Details EXHIBIT D: Floor Plans and Elevations EXHIBIT E: Tree Protection Plan EXHIBIT F: Grading and Drainage Plan EXHIBIT G: Preliminary Utility Plan ITEM NUMBER: 2 DATE: 5-3-05 EXHIBIT H: Color and Materials 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 Greg Porter Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 5-3-05 EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program Master Plan of Development (CUP 2004-0146) Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring Emerald Ridge: Phase 11 & III BL: Business License PS: Planning Services Master Plan of Development GP: Grading Permit BS: Building Services BP: Building Permit FD: Fire Department FI: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy Planning Services 1. This conditional use permit shall be for a 89 airspace condominium master plan FM PS of development and relocation of an existing Colony Home to a single-family residential parcel described on the attached exhibits and located on parcel 049- 151-008, 009 regardless of owner. 2. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority to approve BP/FM PS, CE the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. 4. Any other changes to the Master Plan of Development shall be subject to Planning Commission approval. Any associated Tentative Maps unless shall be subject to Planning Commission approval. 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 shall defend, indemnify, and hold harmless the City of Ongoin PS Atascadero or its agents, officers, and employees against any claim or action g brought to challenge an approval by the city, or any of its entities, concerning the subdivision 7. All subsequent Tentative Map and construction permits shall be consistent with BP/FM PS, CE the Master Plan of Development contained herein. 8. All exterior elevations, finish materials and colors shall be consistent with the BP PS Master Plan of Development as shown in EXHIBIT B, and shall include the following: ITEM NUMBER: DATE: 5-3-05 Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring Emerald Ridge; Phase It & 111 BL: Business License PS: Planning Services Master Plan of Development GP: Grading Permit BS: Building Services BP: Building Permit FD: Fire Department FI: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy ■ The stucco exterior shall be non -machine finished, subject to staff approval ■ Garage doors shall be architectural grade and shall be painted or powder coated to compliment the proposed color schemes. 9. The central mail center shall be designed to be consistent with the project architecture and shall include the following: ■ Metal roofing ■ Eave brackets ■ Colored stucco exterior finish 10. All site work, grading, and site improvements shall be consistent with the BP/FM PS, BS, Master Plan of Development as shown in EXHIBIT B, D, F, and G. CE 11. A deed restriction shall be recorded on the single-family portion of the project with the relocated Colony Home to ensure that future site work and alterations to the Colony Home are done within the standards set forth by the Secretary of the Interior and subject to planning staff approval. The following restrictions shall apply: ■ All accessory buildings shall be set back from the Colony Home frontage. ■ All accessory buildings shall be architecturally compatible with the Colony Home to include wood siding, gable roof elements, and dormers. 12. The driveway over the Colony Home lot shall maintain the historic setting and shall be constructed of decomposed granite or similar, subject to staff approval. 13. Landscaping shall be installed on the Colony Home lot in addition to landscape screening proposed. All landscaping shall be reviewed and approved with the building permit submittal. 14. All project fencing / walls shall be installed consistent with EXHIBIT B subject GP/BP PS to the following modifications: ■ Rear patio enclosure shall be constructed of 3 foot high maximum stucco walls and shall. • All perimeter fencing shall be a minimum 6 feet in height from grade of the property or adjacent property (whichever is higher). ■ Rear patio enclosures along EI Camino Real shall be 3 foot high stucco ITEM NUMBER: DATE: 5-3-05 Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring Emerald Ridge; Phase It & 111 BL: Business License PS: Planning Services Master Plan of Development GP: Grading Permit BS: Building services BP: Building Permit FD: Fire Department FI: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy walls with optional 2 foot high iron pickets or similar. • Retaining walls along the main drive and at the project entry shall be constructed of decorative block consistent with the architectural theme of the project, subject to staff approval. 15. Final selection of colors and materials identified in EXHIBIT H shall be subject GP/BP PS to staff approval. 16. A final landscape and irrigation plan shall be approved prior to the issuance of building permits and included as part of site improvement plan consistent with EXHIBIT B and C, and as follows: ■ All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. ■ All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site. ■ All special pavement shall be installed as shown on the landscape plan/Master Plan of Development. 17. The developer and/or subsequent owner shall assume responsibility for the continued maintenance of all landscape and common areas, consistent with EXHIBIT B and C. 18. A Tree Protection Plan shall be submitted with subsequent building permits for GP/BP PS encroachment within the drip line of native trees located on the subject parcel and any adjacent properties. The applicant will contract with a certified arborist to monitor all activity within the drip lines of existing native oak trees. 19. An address marker to include address for all units shall be located at the public GP/BP PS street access point. The address marker shall be compatible with the project architecture, subject to staff approval. 20. Prior to final map, the applicant shall submit CC&Rs for review and approval by BP PS, BS the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping in perpetuity. ITEM NUMBER: DATE: 5-3-05 Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring Emerald Ridge; Phase It & 111 BL: Business License PS: Planning Services Master Plan of Development GP: Grading Permit BS: Building services BP: Building Permit FD: Fire Department FI: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy b) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. c) Residents shall keep all trash receptacles within the unit's designated trash storage area. d) Garages shall be maintained and used for vehicle parking. e) No boats, RV's or other type of recreation vehicle may occupy a guest or resident parking space, including within an individual garage. f) A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. 21. Approval of this permit shall include the removal of 21 Native Trees, totaling BP PS, BS 193 inches dbh. The applicant shall be required to pay mitigation fees or provide replantings on-site per the requirements of the Atascadero Native Tree Ordinance. Any additional removals shall be subject to Planning Commission approval. City Engineer Conditions Drainage: 22. All drainage facilities shall be designed and constructed in accordance with BP PW the current City of Atascadero Engineering Standards. 23. The applicant shall submit drainage calculations for review and approval of BP PW the City Engineer. 24. All drainage basins/detention facilities shall detain the difference in the 2- BP PW year storm runoff or the undeveloped site and the 50 -year storm runoff of the developed site. The outlet pipe or channel shall be sized for the 2 -year storm peak runoff rate for the undeveloped site at full capacity. 25. The applicant shall address storm water detention to the satisfaction of the BP/FM PW City Engineer, prior to grading and drainage approval, or approval of the final map. 26. A homeowners association, or other funding and maintenance agreement FM PW shall be submitted for approval by the City Engineer and the City Attorney prior to recording the final map. The agreement shall cover scheduled maintenance of the drainage facilities. 27. Existing drainage patterns from adjacent properties shall not be obstructed. BP PW 28. All drainage from improvements shall cross property lines within drainage BP PW easements. ITEM NUMBER: DATE: 5-3-05 Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring Emerald Ridge; Phase It & 111 BL: Business License PS: Planning Services Master Plan of Development GP: Grading Permit BS: Building Services BP: Building Permit FD: Fire Department FI: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy 29. Drainage at the rear of the lots must be carried across property lines in a BP PW closed conduit. Frontage Improvements: BP PW 30. Project shall include construction of curb, gutter and sidewalk along entire EI BP PW Camino Real frontage. 31. Alignment of frontage improvements shall be approved by the City Engineer. BP PW 32. The entry location of project on EI Camino Real shall be located in such a BP PW location as to provide adequate site distance for vehicles exiting project. 33. All utilities shall be under grounded on EI Camino Real BP PW Wastewater: 34. All onsite sewer mains shall be privately owned and maintained. BP PW 35. Prior to recording the final map, provisions for the repair and maintenance of BP PW the private SS shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private sewer and structures, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. 36. Applicant shall pay sewer extension (Annexation), Connection and BP PW Reimbursement fees (if applicable) upon issuance of building permit. 37. Gravity mains within the subdivision shall be sized according to City BP PW Standards. 38. Drainage piping serving fixtures which have flood level rims located below BP PW the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve. 39. All sanitary sewer (SS) mains shall terminate in manholes unless extension BP PW of the main, at some later date, is anticipated. If extension of a SS main is anticipated, said SS main may terminate in a cleanout providing the next downstream manhole is less than 300 linear feet from the cleanout and that the point of termination is not a reasonable location for a SS main angle point or intersection. City Engineer Standard Conditions 40. In the event that the applicant is allowed to bond for the public BP BS improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 41. An engineer's estimate of probable cost shall be submitted for review and BP PW approval by the City Engineer to determine the amount of the bond. ITEM NUMBER: DATE: 5-3-05 Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring Emerald Ridge; Phase It & 111 BL: Business License PS: Planning Services Master Plan of Development GP: Grading Permit BS: Building services BP: Building Permit FD: Fire Department FI: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy 42. The Subdivision Improvement Agreement shall record concurrently with the FM PW Final Map. 43. All public improvements shall be constructed in conformance with the City of BP PW Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 44. The applicant shall enter into a Plan Check/Inspection agreement with the BP BS City. 45. The applicant shall be responsible for the relocation and/or alteration of BP PW existing utilities. 46. The applicant shall install all new utilities (water, gas, electric, cable TV and BP BS telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 47. The applicant shall monument all property corners for construction control BP PW and shall promptly replace them if disturbed. 48. A preliminary subdivision guarantee shall be submitted for review in BP PW conjunction with the processing of the parcel map. 49. All existing and proposed utility, pipeline, open space, or other easements BP PS/PW are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 50. Prior to recording the tract map, the applicant shall submit a map drawn in FM PS/PW substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 51. Prior to recording the tract map, the applicant's surveyor shall set FM PW monuments at all new property corners or shall indicate, by certificate on the final 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. 52. Prior to recording the tract map, the applicant shall have the map reviewed FM PW 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, which indicates their review of the map. The letter shall identify any new easements, which may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. ITEM NUMBER: DATE: 5-3-05 Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring Emerald Ridge; Phase It & 111 BL: Business License PS: Planning Services Master Plan of Development GP: Grading Permit BS: Building Services BP: Building Permit FD: Fire Department FI: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy 53. Upon recording the final map, the applicant shall provide the City with a FM PW black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 54. Prior to the final inspection of any public improvements, the applicant shall BP PW submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. Solid Waste Conditions: 55. Atascadero Waste Alternative shall approve the location, size and design of BP PW all solid waste facilities. The facilities shall include room for recycling and green waste containers. The location of the facilities will take into account the collection of the solid waste. Atascadero Mutual Water Company 56. 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. 57. 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. 58. Before issuance of building permits, the applicant shall obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. 59. The water mains required to serve the project shall be laid out in a grid or looped pattern and shall connect to the existing water mains system in EI Camino Real with a minimum two points. 60. 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. ITEM NUMBER: DATE: 5-3-05 Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring Emerald Ridge; Phase It & 111 BL: Business License PS: Planning Services Master Plan of Development GP: Grading Permit BS: Building services BP: Building Permit FD: Fire Department FI: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy 61. The applicant shall submit a hydraulic analysis of the water system improvements for the project. The analysis should take into account the fire flows required by the Uniform Fire Code and requirements of the California Waterworks Standards. The applicant is responsible for designing and constructing water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. 62. The applicant shall obtain a separate landscape -irrigation meter(s) from AMWC for the common areas within the project. 63. AMWC shall review and approve the irrigation plans for the common areas within the project. The irrigation plan submittal shall include the following: ■ Landscape irrigation meter location and size. ■ Backflow prevention device type, location, and manufacturer ■ Flow and precipitation rate for each circuit ■ Irrigation schedules including schedules for establishment period and post establishment period ■ Total anticipated water application per circuit per month for both schedules ■ Total landscape water application. ■ Use drip irrigation where ever possible ■ A check valve shall be installed on the lowest head in each sprinkler circuit Mitigation Measures BP PS 1.c.1 Mitigation Measure 1.c.1: The following landscape mitigations shall apply: ■ An informal landscape buffer shall be included between the proposed development and adjacent large -lot single-family properties. Evergreen trees and shrubs shall be utilized throughout the buffer area. ■ The applicant shall provide landscaping in the form of evergreen tree clusters on the adjacent single-family lot that is included as part of the project site. ■ Fencing adjacent to EI Camino Real shall be consistent with the architecture of the units and shall provide a cohesive edge to the project. ■ Street trees shall be installed along EI Camino Real at a maximum of 30 feet on center. Street trees shall be minimum 15 -gallon Live oak with alternate species for accent trees, subject to the approval of planning staff. ■ The project shall include landscaping of all common areas, including slopes, common openspace areas, and building frontages. ITEM NUMBER: DATE: 5-3-05 Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring Emerald Ridge; Phase It & 111 BL: Business License PS: Planning services Master Plan of Development GP: Grading Permit BS: Building services BP: Building Permit FD: Fire Department FI: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy ■ Parking lot shade trees shall be provided within all landscape fingers and along the boundaries of all common open -space areas as shown in Attachment 4. Trees shall be large canopy trees and shall be of a scale appropriate to the project. ■ All trees shall be 15 gallon size or greater and shall be double staked. Mitigation Measure 1.c.2: The proposed residences shall include a variety of BP PS 1.c.2 earth -tone paint and roof colors designed to blend with the surrounding environment and reduce the potential for reflected light and glare. Mitigation Measure 1.c.3: Building architecture shall include features that BP PS 1.c.3 emphasize vertical elements and minimize the horizontal nature of the buildings. Such features are to be of exceptionally high design quality per General Plan Land Use Policy 2.1.2 and shall include changes in materials, fagade undulation, and vertically emphasized window elements, or similar treatments. Mitigation Measure 1.d.1: All lighting shall be designed to eliminate any off site BP PS, CE 1.d.1 glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Building mounted fixtures shall be designed to direct light downward and shall be decorative in nature, consistent with the building architecture. decorative pole lighting shall be designed to be a maximum of 16 feet in height. Lighting of the parking area and pedestrian paths shall be integrated with proposed landscaping. All lighting schemes shall be designed to produce a zero footcandle reading at the property line. ITEM NUMBER: DATE: 5-3-05 Conditions of Approval / Mitigation Monitoring Program Emerald Ridge; Phase It & 111 Master Plan of Development Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibil ity /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: The project shall be conditioned to comply with all BP, GP PS, BS, CE 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy- duty diesel engines. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. ■ Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. ITEM NUMBER: DATE: 5-3-05 Conditions of Approval / Mitigation Monitoring Program Emerald Ridge; Phase It & 111 Master Plan of Development Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibil ity /Monitoring PS: Planning services BS: Building services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure (Continued from above) GP PS, BS, CE 3.10.1 Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stock -pile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re - vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are plann4ed to be reworked at dates greater than one month after initial grading should be sown with a fast -germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. ITEM NUMBER: DATE: 5-3-05 Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring Emerald Ridge; Phase It & 111 BL: Business License PS: Planning Services Master Plan of Development GP: Grading Permit BS: Building services BP: Building Permit FD: Fire Department FI: Final PD: Police Department Inspection TO: Temporary CE: City Engineer Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy Mitigation Measure 3.b.2: Naturally Occurring Asbestos (NOA) has been GPAP BS,PS 3.b.2 identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If naturally occurring asbestos is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. These requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. Mitigation Measure 4.a.1: If vegetation removals occur during bird nesting BP, GP PS 4.a.1 season (March 15t through August 15th) a pre -construction survey shall be completed to assess any impacts. All recommendations, if any, from the survey shall be implemented and incorporated into the project construction. ITEM NUMBER: DATE: 5-3-05 Conditions of Approval / Mitigation Monitoring Program Emerald Ridge; Phase It & 111 Master Plan of Development Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibil ity /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 4.e.1: The developer shall contract with a certified arborist BP, GP, PS, BS 4.e.1 during all phases of project implementation. The certified arborists shall be FO responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of % inch granite covered with one -inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one -foot by one -foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 4.e.2: All tree removals shall be mitigated as prescribed by BP PS 4.e.2 the Atascadero Native Tree Ordinance. ITEM NUMBER: DATE: 5-3-05 Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring Emerald Ridge; Phase It & 111 BL: Business License PS: Planning services Master Plan of Development GP: Grading Permit BS: Building services BP: Building Permit FD: Fire Department FI: Final PD: Police Department Inspection TO: Temporary CE: City Engineer WW: Wastewater Occupancy F0: Final CA: City Attorney Occupancy Mitigation Measure 5.a.1: Any exterior building modifications or site plan BP PS 5.a.1 changes not represented in the proposed project that could occur during the Building Permit application process, during construction, or at any time in the future shall be consistent with the Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines for Rehabilitating Historic Buildings and shall meet the provisions of CEQA -Section 15064.5, as approved by Planning Staff. Mitigation Measure 5.a.2: All proposed accessory structures adjacent to the BP PS 5.a.2 relocated Colony Home shall be consistent in architecture and materials to the Colony Home and shall be designed to compliment the existing Colony Home. Mitigation Measure 5.b.c.d: Should any cultural resources be unearthed during GP PS 5.b.c.d site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. Mitigation Measure 6.b: The grading permit application plans shall include GP CE 6.b erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.: A soils report shall be required to be submitted with a GP BS 6.c future building permit by the building department. Mitigation Measure 8.e.f.1: A Stormwater Pollution Prevention Plan GP PS, BS, CE 8.e.f.1 (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for ensuring that all GP PS, BS, CE 8.e.f.2 contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. ITEM NUMBER: DATE: 5-3-05 Conditions of Approval / Mitigation Monitoring Program Emerald Ridge; Phase It & 111 Master Plan of Development Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibil ity /Monitoring PS: Planning services BS: Building services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Mitigation Measure 11.d: All construction activities shall comply with the City of BP, GP PS, BS, CE 11.d Atascadero Noise Ordinance for hours of operation, and as follows: Construction activities shall be limited to the following hours of operation: 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday and Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. Mitigation Measure 15.a.b.1: The project shall include the construction of full BP, GP PS, BS, CE 15.a.b.1 frontage improvements along EI Camino Real as approved by the City Engineer and per standards listed in the General Plan Circulation Element. Improvements are to include: ■ Widening of EI Camino Real to allow for a central suicide lane, a landscape parkway, and detached sidewalk. ■ Curb, gutter, and sidewalk improvements along EI Camino Real. EXHIBIT B: Master Plan of Development/Site Plan / Landscape Plan I ITEM NUMBER: 2 DATE: 5-3-05 9 ITEM NUMBER: 2 DATE: 5-3-05 EXHIBIT C: Landscape Details J1 BLUJ(I J g• e G I e l 19 <au � au4 q gg oaoJ ,� _ �1► D�. ITEM NUMBER: 2 DATE: 5-3-05 EXHIBIT D: Floor Plans and Elevations EXHIBIT D: Floor Plans and Elevations 0 ITEM NUMBER DATE: P. A a B - Ravarna Pan C PW C - Reman P'.;: C Pan C - Revwe Van C Plan C - R—. Pan A & B I ,rl'fibilR u. �I inlrrl 'rR .r'?� _b �� At. �Rpn ! AH Iffll9lll, F h,. I . - _ J Building Type 1 - Buildings A, B, C, D, E & F �® Emerald Ridge Homes fffFFFSSS�`� ��II 2i0Nawlvhn coos Real P.'I 2 5-3-05 - { I ,rl'fibilR u. �I inlrrl 'rR .r'?� _b �� At. �Rpn ! AH Iffll9lll, F h,. I . - _ J Building Type 1 - Buildings A, B, C, D, E & F �® Emerald Ridge Homes fffFFFSSS�`� ��II 2i0Nawlvhn coos Real P.'I 2 5-3-05 EXHIBIT E: Tree Protection Plan ITEM NUMBER: 2 DATE: 5-3-05 OUIV Z3 Lu Ox 7 Wy -.1-0 19 4j WM&U.SkMmg A Wy -.1-0 19 ITEM NUMBER DATE: 5-3-05 EXHIBIT F: Grading and Drainage Plan NEWS ITEM NUMBER: 2 DATE: 5-3-05 EXHIBIT G: Preliminary Utility Plan I I EXHIBIT H: Color and Materials Color Scheme #I Garage doors to match stucco body color Color Scheme 02 Garage doors to match stucco/body color Color Scheme #3 Garage doors to match stucco/body color COLOR AND MATERIALS BOARD Emerald Ridge Homes Atascadero. CA LGA - Leonard Grant, Architect April 2005 oofm Elk — Prcstique Hickory Stucco Rook%%tW Terra Colta Rookvvood Amhcr Hardy Sidine Ilirdseyc Maple Trim — - Roycrolt Vellum Roofing lilk - Presliquc Antique Slate Stucco Rook%vood Dark Green Renwick Olive Hardy Sidine Roycroll Mist Gray Trim Rovcro0 Vellum Roofinp. Elk - Prestique Shakewo Stucco Rookwood Dark Brown Renwick Golden Oak Hardy Sidine Downing straw Trim Rovcrott Vellum ITEM NUMBER: 2 DATE: 5-3-05 ITEM NUMBER DATE: 5-3-05 ATTACHMENT 8: Draft Resolution PC 2005-0034 Approval of Proposed Vesting Tentative Tract Map DRAFT RESOLUTION PC 2005-0034 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE TRACT MAP 2004- 00649 TO ALLOW 89 AIRSPACE CONDOMINIUM UNITS ON 2 COMMON LOTS AND A SINGLE-FAMILY RESIDENTAIL PARCEL CONSISTENT WITH A MASTER PLAN OF DEVELOPMENT ON APN 049-151-008, 009 (Laughlin Development Co.) WHEREAS, an application has been received from Laughlin Development Company (479 Pacific Street, Suite 2A, Monterey, CA 93940), Applicant and Property Owner, to consider a project consisting of a Master Plan of Development and Tentative Tract Map to establish 89 airspace condominium units on two common lots and a single-family residential parcel located at 2555 and 2605 El Camino Real (APN 049-151-008, 009); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0021 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Tract Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development and corresponding tract map; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on May 3, 2005, studied and considered Tentative Tract Map 2004-0064, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: ITEM NUMBER DATE: 5-3-05 SECTION 1. Findinis of Approval for Tentative Tract Map, the Planning Commission of the City of Atascadero finds as follows: 1. The proposed subdivision, design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The proposed subdivision, as conditioned, is consistent with the proposed Master Plan of Development (CUP 2004-0146). 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. ITEM NUMBER: 2 DATE: 5-3-05 SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on May 3, 2005, resolved to recommend that the City Council approve Tentative Tract Map (TTM 2004-0064) subject to the following: 1. Exhibit A: Tentative Tract Map 2004-0064 2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program. 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 Greg Porter Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: 2 DATE: 5-3-05 Exhibit A: Tentative Tract Map 0 1 1 t 11 �' 19 Hill 410 �------��--- --�� | / . . . . � | | | | | . . | | | | | \\ | | \\ | . .. . `_-�-�'~---.----_ ITEM NUMBER: DATE: 5-3-05 Exhibit B: Conditions of Approval / Mitigation Monitoring Program Tentative Tract Map 2004-0064 Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin GP: Grading Permit g Emerald Ridge Phase II and III BP: Building Permit SIP: Subdivision Vesting Tentative Tract Map Improvement Plans FM: Final Map PS: Planning Services TTM 2004-0064 Temporary Occupancy Occupancy $e Building FI: Final inspection F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Planning Services 1. The approval of this application shall become final, subject to the FM PS completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Tract Map shall be valid for two years after its FM PS effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the authority to FM PS approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The granting of this entitlement shall apply to the property located at On going PS (APN 049-151-008, 009) regardless of owner. 5. The Final Map shall be drawn in substantial conformance with the FM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 6. The subdivider shall defend, indemnify, and hold harmless the City of FM PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 7. The Tract Map shall be subject to additional fees for park or recreation FM PS purposes (QUIMBY Act) as required by City Ordinance. 8. Prior to final map, the applicant shall submit CC&Rs for review and BP PS approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: ITEM NUMBER: DATE: 5-3-05 Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program iiity Measure /Monitorin GP: Grading Permit g Emerald Ridge Phase II and III BP: Building Permit SIP: Subdivision Vesting Tentative Tract Map Improvement Plans FM: Final Map PS: Planning Services TTM 2004-0064 Oc Temporary Occupancy B:Building FI: Final inspection F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. a. Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping in perpetuity. b. A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. c. Residents shall keep all trash receptacles within the unit's designated trash storage area. d. Garages shall be maintained and used for vehicle parking. e. No boats, RV's or other type of recreation vehicle may occupy a guest or resident parking space, including within an individual garage. f. A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. 9. A deed restriction shall be recorded on the single-family portion of the project with the relocated Colony Home to ensure that future site work and alterations to the Colony Home are done within the standards set forth by the Secretary of the Interior and subject to planning staff approval. The following restrictions shall apply: ■ All accessory buildings shall be set back from the Colony Home frontage. ■ All accessory buildings shall be architecturally compatible with the Colony Home to include wood siding, gable roof elements, and dormers. 10. The developer and/or subsequent owner shall assume responsibility for Ongoing PS the continued maintenance of all landscape and common areas. City Engineer Project Conditions Drainage: 11. All drainage facilities shall be designed and constructed in accordance BP PW with the current City of Atascadero Engineering Standards. ITEM NUMBER: DATE: 5-3-05 Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program iiity Measure /Monitorin GP: Grading Permit g Emerald Ridge Phase II and III BP: Building Permit SIP: Subdivision Vesting Tentative Tract Map Improvement Plans FM: Final Map PS: Planning Services TTM 2004-0064 Oc Temporary Occupancy B:Building FI: Final inspection F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. 12. The applicant shall submit drainage calculations for review and BP PW approval of the City Engineer. 13. All drainage basins/detention facilities shall detain the difference in the BP PW 2 -year storm runoff or the undeveloped site and the 50 -year storm runoff of the developed site. The outlet pipe or channel shall be sized for the 2 -year storm peak runoff rate for the undeveloped site at full capacity. 14. The applicant shall address storm water detention to the satisfaction of BP/FM PW the City Engineer, prior to grading and drainage approval, or approval of the final map. 15. A homeowners association, or other funding and maintenance FM PW agreement shall be submitted for approval by the City Engineer and the City Attorney prior to recording the final map. The agreement shall cover scheduled maintenance of the drainage facilities. 16. Existing drainage patterns from adjacent properties shall not be BP PW obstructed. 17. All drainage from improvements shall cross property lines within BP PW drainage easements. 18. Drainage at the rear of the lots must be carried across property lines in BP PW a closed conduit. 19. Frontage Improvements: BP PW 20. Project shall include construction of curb, gutter and sidewalk along BP PW entire EI Camino Real frontage. 21. Alignment of frontage improvements shall be approved by the City BP PW Engineer. 22. The entry location of project on EI Camino Real shall be located in BP PW such a location as to provide adequate site distance for vehicles exiting project. 23. All utilities shall be under grounded on EI Camino Real BP PW Wastewater: 24. All onsite sewer mains shall be privately owned and maintained. BP PW 25. Prior to recording the final map, provisions for the repair and BP PW maintenance of the private SS shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private sewer and structures, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. 26. Applicant shall pay sewer extension (Annexation), Connection and BP PW Reimbursement fees (if applicable) upon issuance of building permit. ITEM NUMBER: DATE: 5-3-05 Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program iiity Measure /Monitorin GP: Grading Permit g Emerald Ridge Phase II and III BP: Building Permit SIP: Subdivision Vesting Tentative Tract Map Improvement Plans FM: Final Map PS: Planning Services TTM 2004-0064 Oc Temporary Occupancy B:Building FI: Final inspection F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. 27. Gravity mains within the subdivision shall be sized according to City BP PW Standards. 28. Drainage piping serving fixtures which have flood level rims located BP PW below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve. 29. All sanitary sewer (SS) mains shall terminate in manholes unless BP PW extension of the main, at some later date, is anticipated. If extension of a SS main is anticipated, said SS main may terminate in a cleanout providing the next downstream manhole is less than 300 linear feet from the cleanout and that the point of termination is not a reasonable location for a SS main angle point or intersection. City Engineer Standard Conditions 30. In the event that the applicant is allowed to bond for the public BP BS improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 31. An engineer's estimate of probable cost shall be submitted for review BP PW and approval by the City Engineer to determine the amount of the bond. 32. The Subdivision Improvement Agreement shall record concurrently FM PW with the Final Map. 33. All public improvements shall be constructed in conformance with the BP PW City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 34. The applicant shall enter into a Plan Check/Inspection agreement with BP BS the City. 35. The applicant shall be responsible for the relocation and/or alteration BP PW of existing utilities. 36. The applicant shall install all new utilities (water, gas, electric, cable TV BP BS and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 37. The applicant shall monument all property corners for construction BP PW control and shall promptly replace them if disturbed. 38. A preliminary subdivision guarantee shall be submitted for review in BP PW conjunction with the processing of the parcel map. ITEM NUMBER: DATE: 5-3-05 Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program iiity Measure /Monitorin GP: Grading Permit g Emerald Ridge Phase II and III BP: Building Permit SIP: Subdivision Vesting Tentative Tract Map Improvement Plans FM: Final Map PS: Planning services TTM 2004-0064 Oc Temporary Occupancy B:Building FI: Final inspection F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. 39. All existing and proposed utility, pipeline, open space, or other BP PS/PW easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 40. Prior to recording the tract map, the applicant shall submit a map FM PS/PW drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 41. Prior to recording the tract map, the applicant's surveyor shall set FM PW monuments at all new property corners or shall indicate, by certificate on the final 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. 42. Prior to recording the tract map, the applicant shall have the map FM PW 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, which indicates their review of the map. The letter shall identify any new easements, which may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 43. Upon recording the final map, the applicant shall provide the City with FM PW a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 44. Prior to the final inspection of any public improvements, the applicant BP PW 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. Solid Waste Conditions: 45. Atascadero Waste Alternative shall approve the location, size and BP PW design of all solid waste facilities. The facilities shall include room for recycling and green waste containers. The location of the facilities will take into account the collection of the solid waste. ITEM NUMBER: DATE: 5-3-05 Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program iiity Measure /Monitorin GP: Grading Permit g Emerald Ridge Phase II and III BP: Building Permit SIP: Subdivision Vesting Tentative Tract Map Improvement Plans FM: Final Map PS: Planning Services TTM 2004-0064 Oc Temporary Occupancy B:Building FI: Final inspection F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. 46. Atascadero Mutual Water Company 47. 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. 48. 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. 49. Before issuance of building permits, the applicant shall obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. 50. The water mains required to serve the project shall be laid out in a grid or looped pattern and shall connect to the existing water mains system in EI Camino Real with a minimum two points. 51. 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. 52. The applicant shall submit a hydraulic analysis of the water system improvements for the project. The analysis should take into account the fire flows required by the Uniform Fire Code and requirements of the California Waterworks Standards. The applicant is responsible for designing and constructing water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. 53. The applicant shall obtain a separate landscape -irrigation meter(s) from AMWC for the common areas within the project. ITEM NUMBER: DATE: 5-3-05 Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program iiity Measure /Monitorin GP: Grading Permit g Emerald Ridge Phase II and III BP: Building Permit SIP: Subdivision Vesting Tentative Tract Map Improvement Plans FM: Final Map PS: Planning services TTM 2004-0064 Oc Temporary Occupancy B:Building FI: Final inspection F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. 54. AMWC shall review and approve the irrigation plans for the common areas within the project. The irrigation plan submittal shall include the following: ■ Landscape irrigation meter location and size. ■ Backflow prevention device type, location, and manufacturer ■ Flow and precipitation rate for each circuit ■ Irrigation schedules including schedules for establishment period and post establishment period ■ Total anticipated water application per circuit per month for both schedules ■ Total landscape water application. ■ Use drip irrigation where ever possible ■ A check valve shall be installed on the lowest head in each sprinkler circuit Mitigation Measures BP PS 1.0 Mitigation Measure 1.c.1: The following landscape mitigations shall apply: ■ An informal landscape buffer shall be included between the proposed development and adjacent large -lot single-family properties. Evergreen trees and shrubs shall be utilized throughout the buffer area. ■ The applicant shall provide landscaping in the form of evergreen tree clusters on the adjacent single-family lot that is included as part of the project site. ■ Fencing adjacent to EI Camino Real shall be consistent with the architecture of the units and shall provide a cohesive edge to the project. ■ Street trees shall be installed along EI Camino Real at a maximum of 30 feet on center. Street trees shall be minimum 15 -gallon Live oak with alternate species for accent trees, subject to the approval of planning staff. ■ The project shall include landscaping of all common areas, including slopes, common openspace areas, and building frontages. ■ Parking lot shade trees shall be provided within all landscape fingers and along the boundaries of all common open -space areas as shown in Attachment 4. Trees shall be large canopy trees and shall be of a scale appropriate to the project. ITEM NUMBER: DATE: 5-3-05 Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program iiity Measure /Monitorin GP: Grading Permit g Emerald Ridge Phase II and III BP: Building Permit SIP: Subdivision Vesting Tentative Tract Map Improvement Plans FM: Final Map PS: Planning Services TTM 2004-0064 Oc Temporary Occupancy B:Building FI: Final inspection FD: Fire F0: Final Occupancy Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. ■ All trees shall be 15 gallon size or greater and shall be double staked. Mitigation Measure 1.c.2: The proposed residences shall include a variety BP PS 1.c.2 of earth -tone paint and roof colors designed to blend with the surrounding environment and reduce the potential for reflected light and glare. Mitigation Measure 1.c.3: Building architecture shall include features that BP PS 1.c.3 emphasize vertical elements and minimize the horizontal nature of the buildings. Such features are to be of exceptionally high design quality per General Plan Land Use Policy 2.1.2 and shall include changes in materials, fagade undulation, and vertically emphasized window elements, or similar treatments. Mitigation Measure 1.d.1: All lighting shall be designed to eliminate any off BP PS, CE 1.d.1 site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Building mounted fixtures shall be designed to direct light downward and shall be decorative in nature, consistent with the building architecture. decorative pole lighting shall be designed to be a maximum of 16 feet in height. Lighting of the parking area and pedestrian paths shall be integrated with proposed landscaping. All lighting schemes shall be designed to produce a zero footcandle reading at the property line. ITEM NUMBER: DATE: 5-3-05 Conditions of Approval / Mitigation Monitoring Program Emerald Ridge Phase II and III Vesting Tentative Tract Map TTM 2004-0064 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map Oc Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsib iiity /Monitorin g PS: Planning services B:Building FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 3.b.1: The project shall be conditioned to comply with BP, GP PS, BS, 3.b.1 all applicable District regulations pertaining to the control of fugitive dust CE (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. ■ Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. ITEM NUMBER: DATE: 5-3-05 Conditions of Approval / Mitigation Monitoring Program Emerald Ridge Phase II and III Vesting Tentative Tract Map TTM 2004-0064 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map Oc Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsib iiity /Monitorin g PS: Planning Services B:Building FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure (Continued from above) GP PS, BS, 3.b.1 CE Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stock -pile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re - vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are plann4ed to be reworked at dates greater than one month after initial grading should be sown with a fast - germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. ITEM NUMBER: DATE: 5-3-05 Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program iiity Measure /Monitorin GP: Grading Permit g Emerald Ridge Phase II and III BP: Building Permit SIP: Subdivision Vesting Tentative Tract Map Improvement Plans FM: Final Map PS: Planning services TTM 2004-0064 Oc Temporary Occupancy B:Building FI: Final inspection FD: Fire F0: Final Occupancy Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 3.b.2: Naturally Occurring Asbestos (NOA) has been GP,BP BSRS 3.b.2 identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If naturally occurring asbestos is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. These requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. Mitigation Measure 4.a.1: If vegetation removals occur during bird nesting BP, GP PS 4.a.1 season (March 15t through August 15th) a pre -construction survey shall be completed to assess any impacts. All recommendations, if any, from the survey shall be implemented and incorporated into the project construction. ITEM NUMBER: DATE: 5-3-05 Conditions of Approval / Mitigation Monitoring Program Emerald Ridge Phase II and III Vesting Tentative Tract Map TTM 2004-0064 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map Oc Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsib iiity /Monitorin g PS: Planning Services B:Building FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 4.e.1: The developer shall contract with a certified BP, GP, FO PS, BS 4.e.1 arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of % inch granite covered with one -inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one -foot by one -foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. ITEM NUMBER: DATE: 5-3-05 Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program iiity Measure /Monitorin GP: Grading Permit g Emerald Ridge Phase II and III BP: Building Permit SIP: Subdivision Vesting Tentative Tract Map Improvement Plans FM: Final Map PS: Planning Services TTM 2004-0064 Oc Temporary Occupancy B:Building FI: Final inspection F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 4.e.2: All tree removals shall be mitigated as BP PS 4.e.2 prescribed by the Atascadero Native Tree Ordinance. Mitigation Measure 5.a.1: Any exterior building modifications or site plan BP PS 5.a.1 changes not represented in the proposed project that could occur during the Building Permit application process, during construction, or at any time in the future shall be consistent with the Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines for Rehabilitating Historic Buildings and shall meet the provisions of CEQA -Section 15064.5, as approved by Planning Staff. Mitigation Measure 5.a.2: All proposed accessory structures adjacent to BP PS 5.a.2 the relocated Colony Home shall be consistent in architecture and materials to the Colony Home and shall be designed to compliment the existing Colony Home. Mitigation Measure 5.b.c.d: Should any cultural resources be unearthed GP PS 5.b.c.d during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. Mitigation Measure 6.b: The grading permit application plans shall include GP CE 6.b erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.: A soils report shall be required to be submitted GP BS 6.c with a future building permit by the building department. Mitigation Measure 8.e.f.1: A Stormwater Pollution Prevention Plan GP PS, BS, 8.e.f.1 (SWPPP)/Erosion Control Plan shall be submitted and approved by the CE City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for ensuring that GP PS, BS, 8.0.2 all contractors are aware of all storm water quality measures and that such CE measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. ITEM NUMBER: DATE: 5-3-05 Conditions of Approval / Mitigation Monitoring Program Emerald Ridge Phase II and III Vesting Tentative Tract Map TTM 2004-0064 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map Oc Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsib iiity /Monitorin g PS: Planning services B:Building FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 11.d: All construction activities shall comply with the BP, GP PS, BS, 11.d City of Atascadero Noise Ordinance for hours of operation, and as follows: CE Construction activities shall be limited to the following hours of operation: 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday and Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. Mitigation Measure 15.a.b.1: The project shall include the construction of BP, GP PS, BS, 15.a.b.1 full frontage improvements along EI Camino Real as approved by the City CE Engineer and per standards listed in the General Plan Circulation Element. Improvements are to include: ■ Widening of EI Camino Real to allow for a central suicide lane, a landscape parkway, and detached sidewalk. ■ Curb, gutter, and sidewalk improvements along EI Camino Real. ITEM NUMBER: 3 DATE: 5-3-05 Atascadero Planning Commission Staff Report - Community Development Department Deck Addition: Chalk Mountain Village Conditional Use Permit 2005-0154 (8632 La Espuela Ct./ Tremper) SUBJECT: A request to amend the Chalk Mountain Village Master Plan of Development to add an approximately 770 square foot patio within the back yard area at 8632 La Espuela Ct. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2005-0031 to approve Conditional Use Permit 2005-0154 based on findings and subject to conditions of approval. SITUATION AND FACTS: 1. Applicant/ Owner: Alan Tremper 8632 La Espuela Ct., Atascadero, CA 93422 2. Project Address: 8632 La Espuela Ct., Atascadero, CA 93422 (San Luis Obispo County) APN 030-400-052 3. General Plan Designation: Medium Density Residential 4. Zoning District: Residential Multi -Family — 10 / PD -6 5. Site Area: Approximately 0. 177 acres 6. Existing Use: Single Family Residence 7. Environmental Status: Class 3, Categorical Exemption 15303. ITEM NUMBER: 3 DATE: 5-3-05 DISCUSSION: Background The subject site is located within Chalk Mountain Village on a sloped hillside lot. The Master Plan of Development for the Chalk Mountain Village was approved in 1989 with final build out and project completion in 2004. The proposed deck of approximately 770 square feet exceeds 10% of the footprint of the residence, requiring Planning Commission review and approval as an amendment to the original Master Plan of Development. The proposed amendment would only affect this parcel. Any similar proposals on other parcels within the project will require additional Master Plan of Development amendments. Analysis The proposed deck will extend approximately 14 feet off of the back of the residence where the rear yard area currently exists (see aerial below). The retaining wall for the proposed deck will vary in height from 1 foot to 6 feet in height. Staff has reviewed the site conditions and proposed deck plans. While this deck will be visible from the residences downhill from the proposed project, the patio area proposed ITEM NUMBER: 3 DATE: 5-3-05 will occupy the existing level rear yard area. Staff has conditioned that landscaping screening be included to minimize the appearance of the wall from the homes along Paseo de Caballo (Condition 8). With landscape screening, the proposed deck extension and retaining wall is consistent with the approved Master Plan of Development and appearance of the surrounding neighborhood. Environmental Determination The project has been determined to qualify for a Class 3 Categorical Exemption under the provisions of the California Environmental Quality Act (CEQA section 15303; New Construction or Conversion of Small Structures). CONCLUSION: The proposed project is consistent with the Planned Development #6 Overlay Zone and corresponding Master Plan of Development, as analyzed within this staff report. Staff finds that the proposed project, as conditioned, meets the required findings necessary for Planning Commission approval. ALTERNATIVES: 1. The Commission may modify the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The Commission should specify the reasons for denial of the project and recommend an associated finding with such action. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1: Vicinity and Zoning Map Attachment 2: Draft Resolution PC 2005-0031 ITEM NUMBER DATE: 5-3-05 Attachment 1: Vicinity and Zoning t5 Chalk Mountain Project Site: Village - 8632 La Espuela Ct 0 N ' ++rte` ~ �5 \ •. M` 1 r5 + •1 ITEM NUMBER: 3 DATE: 5-3-05 Attachment 2: Draft Resolution PC 2005-0031 DRAFT RESOLUTION PC 2005-0031 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING CONDITIONAL USE PERMIT 2005-0152 TO AMEND THE CHALK MOUNTAIN VILLAGE MASTER PLAN OF DEVELOPMENT TO ADD AN APPROXIMATELY 770 SQUARE FOOT PATIO AT 8632 LA ESPUELA CT. (Tremper) WHEREAS, an application has been received from Alan Tremper (8632 La Espuela Ct., Atascadero, CA 93422), Applicant and Property Owner, to consider a request to amend the Chalk Mountain Village Master Plan of Development to add an approximately 770 square foot patio within the back yard area at 8632 La Espuela Ct.; and, WHEREAS, the site's General Plan Land Use Designation is MDR (Medium Density Residential); and, WHEREAS, the site's zoning district is RMF-16/PD-6 (Residential Multi -family — 16/Planned Development Overlay 6); and, WHEREAS, a Class 3 Categorical Exemption, Section 15303, has been prepared for the project in accordance with the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit application was held by the Planning Commission of the City of Atascadero, at which hearing evidence, both oral and documentary, was admitted on behalf of said project; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on May 3, 2005, studied and considered the proposed Conditional Use Permit; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as follows: ITEM NUMBER DATE: 5-3-05 1. The proposed project has been found Categorically Exempt under Class 3, Section 15303 of the California Environmental Quality Act. SECTION 2. Findings for Approval of Conditional Use Permit. The Planning Commission finds as follows: 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 Planned Development Overlay Zone #6; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on May 3, 2005, resolved to approve Conditional Use Permit 2005- 0154 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan/Elevations ITEM NUMBER: 3 DATE: 5-3-05 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 Greg Porter Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER DATE: 5-3-05 EXHIBIT A: Conditions of Approval (CUP 2005-0154) Conditions of Approval / Timing Responsibility Notes Mitigation Monitoring Program /Monitoring PS: Planning Services BL: Business BS: Building Services License FD: Fire Department CUP 2005-0154 GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy F0: Final Occupancy Planning Services 1. This Conditional Use Permit shall be for a rear yard deck located BP PS on parcel 030-400-052 (8632 La Espuela Ct), regardless of owner. 2. The approval of this use permit shall become final and effective for BP PS the purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to that date, an appeal to the decision is filed as set forth in Section 9- 1.111(b) of the Zoning Ordinance. 3. Approval of this Conditional Use Permit shall be valid for twelve BP PS (12) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the applicant has received a building permit or applied for an extension of entitlement. 4. Approval of this Conditional Use Permit shall be consistent with Ongoing PS Atascadero Municipal Code Zoning Ordinance Sections 9-6.163 and 9-3.701. Any violations of the CUP shall be subject to review and reconsideration by the Planning Commission at a noticed public hearing. 5. Retaining walls shall be constructed of dark color split face block or BP PS similar, subject to staff approval. 6. The Community Development Department shall have the authority BP PS to approve minor changes to the project that address a construction design issue that is not substantive to the land use. 7. The property owner shall defend, indemnify, and hold harmless the Ongoing ALL City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the Conditional Use Permit. 8. Landscape screening shall be added beyond the proposed patio extension and shall include irrigated evergreen shrubs located to diminish the appearance of the retaining wall. EXHIBIT B: Site Plan / Elevations (CUP 2005-0154) tmd t4ou- isr4w 3dy.)s4NVIAMVNIWIl3Hd ITEM NUMBER: 3 DATE: 5-3-05 mm� I I • .ii�l II I{ -1 I� (�k� Yy