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HomeMy WebLinkAboutPC_2005-05-17_AgendaPacketCALL TO ORDER CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting May 17, 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 (VACANT) PLANNING COMMISSION BUSINESS A. Administration of Oath of Office City Clerk Marcia McClure Torgerson will administer the Oath of Office to new member of the Planning Commission, J.P. Patel. 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 MAY 3, 2005. City of Atascadero Planning Commission Agenda COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS Regular Meeting May 17 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 2004-0137,9700 EL CAMINO REAL Applicant: Ted Jacobsen, 5806 Traffic Way, Atascadero, CA 93422, Phone: 466-3400 Project Title: Conditional Use Permit 2004-0137 Project 9700 El Camino Real, Atascadero, CA 93422 Location: APN 056-081-032 Project The proposed project consists of an application for a Conditional Use Permit for a professional office - Description: building complex located on 1.7 acres within the Commercial Tourist Zone. Three building pads are proposed for the site with detailed plans submitted for the main building along the El Camino Real frontage for Phase I of the development. The main building is proposed to be 11,000 square feet of office and retail space. The future buildings have the potential for an additional 7,000 square feet of office/retail space based on site parking and development standards. Two native oak trees are proposed for removal. Proposed General Plan Designation: General Commercial (GC) Environmental Zoning District: Commercial Tourist (CT) 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 Determination: 6, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. 3. CONDITIONAL USE PERMIT 2004-0142, 6225 ATASCADERO MALL Applicant: Atascadero Bible Church, 6225 Atascadero Mall, Atascadero, CA 93422, Phone: 466-2051 Project Title: Conditional Use Permit 2004-0142; Master Plan of Development Amendment. Project 6225 Atascadero Mall, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 030-192-018 Project The proposed project consists of an application for a Conditional Use Permit to establish a Master Plan Description: of Development for a church and school use facility. The proposed project consists of three new buildings; two school buildings and one caf6 building for church patrons. The site contains one existing historic structure with an existing attached addition. The project site is adjacent to a blue -line creek (Atascadero Creek). No native trees are proposed for removal. General Plan Designation: Public Zoning District: Public Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The Environmental proposed Negative Declaration is available for public review at 6905 El Camino Real, Suite 6, Determination: Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. City of Atascadero Planning Commission Agenda Regular Meeting May 17 2005 Page 3 of 4 4. CONDITIONAL USE PERMIT 2005-0155, TENTATIVE TRACT MAP 2005-0068, 9300 PING SOLO Applicant: Principal Partners, LP, 805 Aerovista Place, Suite 202, San Luis Obispo, CA 93401 Project Title: Conditional Use Permit 2005-0155, Tentative Tract Map 2005-0068 Project 9300 Pino Solo, Atascadero, CA 93422 Location: (San Luis Obispo County) APN Project The project consists of a Master Plan of Development (CUP) and vesting Tentative Tract Map that would Description: incorporate 4 residential units as a second development phase to the previously approved 45 -unit Atascadero mixed-use commercial/office and residential development. The project site is on a 0.29 acre lot located at the corner of Principal Avenue and Pino Solo Avenue. The project includes replacement of a single-family residential structure with two residential duplex buildings, parking and associated landscape and street frontage improvements. The duplex buildings are identical to those previously approved in the Atascadero Mixed -Use Project. General Plan Designation: MDR (Medium Density Residential) Zoning District: RMF-10/PD-24 (Residential Multi-Family/Planned Development #24) Proposed Environmental Consistent with Certified Mitigated Negative Declaration 2004-0024 Determination: COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on June 7, 2005, at the Pavilion on the Lake, 9315 Pismo Avenue, Atascadero. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to this public hearing. Il Cityhalllcdvlpmntl- PC AgendaslPC 20051PC Agenda. 5-17-05. word.am. doc City of Atascadero Planning Commission Agenda Regular Meeting May 17 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: 5-17-05 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting May 3, 2005 — 7:00 P.M. Chairperson Porter called the meeting to order at 7:02 p.m. and Commissioner Peterson led the Pledge of Allegiance. ROLL CALL Present: Commissioners Fonzi, Kelley, O'Keefe, Peterson, Beraud and Chairperson Porter Absent: Commissioner Jones Staff Present: Community Development Director Warren Frace, Deputy Community Development Director Steve McHarris, Deputy Public Works Director Jeff van den Eikhof, Associate Planner Kelly Gleason and Recording Secretary Grace Pucci APPROVAL OF AGENDA MOTION: By Commissioner Fonzi and seconded by Vice Chairperson Beraud to approve the agenda. Motion passed 6:0 by a roll -call vote. PUBLIC COMMENT None CONSENT CALENDAR PC Draft Minutes 05/03/05 Page 1 of 6 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON APRIL 19, 2005. MOTION: By Vice Chairperson Beraud and seconded by Commissioner Fonzi to approve Item #1. Motion passed 6:0 by a roll -call vote. PUBLIC HEARINGS 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 garage with one additional parking space located in the private driveway. The single-family residential parcel will include the relocated Colony Home, a new detached garage, and new secondary unit. Twenty- 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. Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. A revised Draft Resolution (Exhibit A) and a letter from Marvis Jacobson (Exhibit B) were distributed to the Commission. PUBLIC COMMENT Peter Laughlin, applicant, spoke about the project and the changes that have been made since the first phase. Mr. Laughlin answered questions of the Commission. Ken Chacon of KC Design Group, applicant's civil engineer, answered questions of the Commission. Cody Mc Glaughlin, applicant's architect, answered questions of the Commission. PC Draft Minutes 05/03/05 Page 2 of 6 Jim Burrows, applicant's landscape architect, answered questions of the Commission. Keith Miller, owner of property adjacent to Phase 1, submitted a petition from neighbors requesting the Commission deny the project (Exhibit C) and expressed his concerns regarding the high density of this project. Mitch Culver spoke in favor of the project and commended staff for their efforts in creating an affordable housing product. Donna Gin stated that she lives near this project and was not approached to sign the petition submitted earlier. She expressed her support for the project. Mary Lee Torrey expressed her concerns about the original Colony home in Phase 1, parking and liability issues. Eric Greening spoke about the parking issue and suggested an additional condition to create a bus stop for this area as it is within the urban core. Chairperson Porter closed the Public Comment period. MOTION: By Vice Chairperson Beraud and seconded by Commissioner Kelley to adopt Resolution PC 2005-0032 certifying Proposed Mitigated Negative Declaration 2005-0021; and, adopt Resolution PC 2005-0033 approving Conditional Use Permit 2004-0146 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring and that 1) the applicant will work with staff on a garbage removal plan that is logical and creates no further impact to the remaining trees, 2) regarding the historic Colony House, there will be some delineation at the entrance onto that property with staff approval, and that the home will be restored to the Secretary of Interiors standards for keeping it in its historical context, 3) applicant will create a designated bus stop area along EI Camino Real, 4) there will be an additional agricultural use deed notification 5) the applicant will provide extra storage shelving in the garages, and 6) a mitigation deposit will be required on tree no. 16; and, adopt revised Resolution PC 2005-0034 approving Vesting Tentative Tract Map 2004-0064 based on findings and subject to Conditions of Approval and Mitigation Monitoring. Motion passed 6:0 by a roll -call vote. PC Draft Minutes 05/03/05 Page 3 of 6 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: Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Alan Tremper, applicant, answered questions of the Commission. Chairperson Porter closed the Public Comment period. MOTION: By Commissioner Kelley and seconded by Commissioner Fonzi to adopt Resolution PC 2005-0031 to approve Conditional Use Permit 2005-0154 based on findings and subject to conditions of approval. Motion passed 6:0 by a roll -call vote. Chairperson Porter recessed the hearing at 8:37 p.m. Chairperson Porter called the meeting back to order at 8:46 p.m. 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. Community Development Director Warren Frace introduced the applicant team and explained the process for this item tonight. PC Draft Minutes 05/03/05 Page 4 of 6 Jim Harrison, applicant, spoke about the issues they are working on at this time. Bob Richmond, architect, gave the presentation and answered questions of the Commission. Commissioner concerns/suggestions included: parking and traffic flow, reciprocal parking agreements or letters of intention in place when this project comes before the Commission, some protection for pedestrians using off-site parking areas, parking for employees and those visiting City Hall, important that the ground floor space be used for either retail or restaurants, possibly eliminating 13 parking spaces in front of the town square to create a walking square with no access for vehicles, use of diagonal parking in the area where people are entering the project from EI Camino Real, safety issues at the entrance/exit from the Cowgirl's Restaurant, and the use of public art in the town square area. PUBLIC COMMENT Eric Greening raised several issues including creating a parking district or structure, the need for a lighting plan and traffic calming measures, scheduling of movie times to ease traffic flow, and how a pubic art program would be handled. Joanne Main stated that the applicant has been before the Chamber of Commerce Board which is supportive of the project and would like to see it move forward. Parking and traffic flow is a big issue but the Chamber believes it is being handled. Maria Hooper spoke about parking and suggested the Commission go over the parking figures to determine if they are accurate. She also is concerned that small businesses are suffering in the rush to create these large projects. Chairperson Porter closed the Public Comment period. Commissioner O'Keefe would like to see an opportunity for the public to see this project and ask questions. Chairperson Porter stated that it is important to not cut any corners when doing this, but to make it easy for the applicant to get this done in an expeditious manner. Vice Chairperson Beraud stated she supports having lighting and public art plans and, if time permits, another public event would be appreciated. Commissioner Fonzi indicated that she likes the project, but sees some concerns with parking, traffic, and queuing lines in front of the theater. She would like to see something on display in City Hall for this project so people could look at it and give their input. PC Draft Minutes 05/03/05 Page 5 of 6 COMMISSIONER COMMENTS AND REPORTS Commissioner Kelley asked about the status of the Lube N Go project. Community Development Director Warren Frace explained that the project will come back to the Commission for a final site plan and architecture, two appeals were received but the appellants are willing to stay the appeals as long as the project is returned to the Commission to review improved architecture and landscape designs. Commissioner O'Keefe questioned a tree removal on EI Camino Real. Director Frace stated the tree fell during recent winter storms. Commissioner O'Keefe also asked for an update on a Colony Home that has been lifted up. Director Frace stated a condition of approval for the project requires the Colony House to be relocated to a front lot. Commissioner Fonzi reported that there are cars on consignment again on the corner of Curbaril and Morro Road. Chairperson Porter thanked Commissioner Peterson for his service on the Planning Commission. Commissioner Peterson thanked staff for the quality of their work and commended the Commission for their ability to work well together. DIRECTOR'S REPORT Community Development Director Warren Frace stated the new Planning Commissioner, J.P. Patel, will attend the next meeting, and reviewed the agenda for that meeting. ADJOURNMENT Chairperson Porter adjourned the meeting at 9:53 p.m. to the next regularly scheduled meeting of the Planning Commission on May 17, 2005. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary The following exhibits are available for review in the Community Development Department: Exhibit A — Revised Draft Resolution PC 2005-0034 Exhibit B — Marvis Jacobson letter Exhibit C — Neighborhood petition PC Draft Minutes 05/03/05 Page 6 of 6 ITEM NUMBER: 2 DATE: 5-17-05 Atascadero Planning Commission Staff Report - Community Development Department 9700 EI Camino Real Master Plan of Development (CUP 2004-0137) (Jacobsen) SUBJECT: The proposed project consists of an application for a Conditional Use Permit to establish an infill commercial development at 9700 EI Camino Real. The applicant is proposing a phased development plan to include three total buildings. The project site improvements include parking and site landscaping. The site is currently vacant. RECOMMENDATION: Staff Recommends: 1. Adopt Resolution No. PC 2005-0035 certifying Proposed Mitigated Negative Declaration 2005-0022 and approving the Master Plan of Development (CUP 2004- 0137) based on findings and subject to Conditions of Approval and Mitigation Monitoring. SITUATION AND FACTS: 1. Applicant / Representative: Ted Jacobsen, 5806 Traffic Way, Atascadero, CA 93422 2. Project Address: 9700 EI Camino Real, Atascadero, CA 93422 (San Luis Obispo County) APN 056-081-032 3. General Plan Designation: General Commercial (GC) 4. Zoning District: Commercial Tourist (CT) 5. Site Area: 1.715 acres 6. Existing Use: Vacant 7. Environmental Status: Proposed Mitigated Negative Declaration 2005-0022 DISCUSSION: Project Definition The proposed project consists of an infill commercial/office development located on EI Camino Real adjacent to the existing post office. The Master Plan of Development includes a phased building plan with the main building and landscaping proposed for construction during the first phase and two future building pads to be constructed consistent with the main building architecture at a later date. The main building provides 11,000 square feet of commercial and office space in a two story building with a third floor mezzanine level. Based on the number of parking spaces shown on the Master Plan of Development, the two future buildings will total 10,000 square feet. The applicant is proposing to construct all parking and landscaping areas with the first phase of development. Background Surrounding Land Use and Setting: North: Commercial Professional South: Commercial Professional East: Residential Single-family West: Commercial Professional The project site is within the General Commercial General Plan land use designation and is zoned Commercial Tourist, which allows for the establishment of a commercial development in excess of 10,000 square feet with the approval of a Conditional Use Permit to establish a Master Plan of Development. Directly to the south is the Post Office with commercial property to the north. Across EI Camino Real is property zoned for, and developed with, multi -family uses. To the west is the 101 freeway. Appearance Review Site Design The site plan has been designed to meet the requirements of the Atascadero Municipal Code and the appearance review requirements of the General Plan. The main building is oriented to EI Camino Real with parking located to the rear and side. Two access driveways are located off of EI Camino Real and one driveway accesses from East Front Rd. The project has been designed to retain mature oak trees on site and provides an outdoor plaza adjacent to the main building. Shade trees and perimeter landscaping will be provided throughout the site. Parking lot landscaping will include shade trees within landscape fingers and adjacent to parking stalls. The site plan includes 69 parking spaces, 10 of which are compact spaces. Curb, gutter, and sidewalk currently exist along EI Camino Real. Architecture. Materials. Color The applicant proposes buildings with special architectural features, consistent with Mediterranean style architecture. All elevations include a ground floor colonnade entry with full length balcony above. Two tower elements are integrated into the design, one along the EI Camino Real frontage and one facing the rear parking area. In addition, the proposed architecture includes canvas awnings, gridded windows, ceramic tile accents, Spanish tile roofs, stone veneer, and decorative iron railing. Staff has conditioned that the two future buildings incorporate similar elements (Condition 8). Elevations Till e roof Gridded `.' . Iron railing recessed windows A. ECR Elevation I -- I Tile accent band The applicant has included a color and material board which further defines the selected architectural style. Refer to Exhibit G for details. Height Exception The applicant is requesting to exceed the maximum 35 -foot height established for the Commercial Tourist zone. The Planning Commission has the authority to waive the height requirements set forth in the Zoning Ordinance providing that specific findings can be made (refer to proposed resolution). The proposed building design results in a 36.5 -foot tall structure with an accent tower that is 47.5 -feet from grade to top of roof. The fire department has reviewed and approved the proposed commercial building as proposed. Landscape Design The preliminary landscape plan has been designed for compatibility with the surrounding commercial development and on-site oak tree preservation. An 18 -foot wide landscape planter is provided along EI Camino Real and is designed to accommodate street trees planted a minimum of 30 -feet on center. Landscaping is included along the entire perimeter of the site and throughout the parking lot areas. Staff has conditioned that the vacant pads be landscaped and maintained until future construction begins to ensure compatibility with Phase I and consistency with commercial development standards. Landscaping also includes native shrubs and accent plants throughout the project. The proposed landscape plan and palette, as conditioned, meets appearance review requirements. Native Tree Mitigation/Preservation The applicant has submitted a tree removal application for 2 native oak trees, both of which are in excess of 24" dbh. According to the project arborist, both oak trees proposed for removal are hazardous and require removal (See arborist report Attachment 2). 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 11). Evergreen Native Trees (inches) Mitigation Requirement req'd tree replacements: 31 five gal trees Deciduous Native Trees (inches) I Totals dbh notes 1 2 3 20 Total 0 -inches 94 -inches req'd tree replacements: 0 five gal trees 1 31 five gal trees Tree Fund Payment: $ 1,566.67 Tree Fund Payment: $ $ 1,566.67 dbh notes 1 36 -inches 2 36 -inches 3 22 -inches 4 Total 94 -inches Mitigation Requirement req'd tree replacements: 31 five gal trees Deciduous Native Trees (inches) I Totals dbh notes 1 2 3 20 Total 0 -inches 94 -inches req'd tree replacements: 0 five gal trees 1 31 five gal trees Tree Fund Payment: $ 1,566.67 Tree Fund Payment: $ $ 1,566.67 Planned Sign Program A Master Sign Program is required for developments with a potential of 3 or more tenants. The applicant has submitted individual tenant building mounted signage not to exceed 6.75 square feet per sign. Staff has conditioned that the tenant signage be located at the entrance to each tenant space and that signage locations be architecturally compatible with the building (Condition 13). Two monument signs are identified along each property frontage. The applicant is proposing center identification signage for these locations. In addition, the applicant is requesting small monument signs for each building to identify all individual building tenants. A condition of approval has been included that all monument sign materials incorporate materials and colors consistent with the building architecture (Condition 13). General Plan Consistency The proposed project is consistent with the following General Plan Land Use Element Policies: Land Use Program 1.1.7: "Within the Urban Core encourage infill development or revitalization or reuse of land already committed to urban development where utilities and public services exist. Land Use Policy 2.1: "Ensure that new development is compatible with existing and surrounding neighborhoods". Land Use Policy 2.3: "Incorporate pedestrian and transit oriented design concepts into new residential and commercial development within the Urban Core." Implementing General Plan programs requires appearance review of architectural design, materials and color, and landscaping to improve the appearance along EI Camino Real, and incorporate architectural themes into the site and building design. As analyzed above, the proposed project, as conditioned is consistent with the General Plan. In staff's opinion the proposed infill commercial project is consistent with the goals and policies of the Land Use Element. The project will provide 18,000 square feet of commercial space oriented toward EI Camino Real. As conditioned, the project incorporates elements that are consistent with the scale and character of the surrounding commercial corridor and consistent with the General Plan's appearance review requirements, providing attractive architecture and integrating pedestrian oriented streetscape design elements along the EI Camino Real frontage. Findings Conditional Use Permit A Conditional Use Permit is required for all commercial development in excess of 10,000 square feet. The Conditional Use Permit process provides the opportunity for the public and the Planning Commission to review the specifics of land use proposals, such as architectural design, site design, landscape, signage, and specific standards of the zoning ordinance. The Planning Commission must make the following five findings to approve a Conditional Use Permit: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The use is consistent with the General Commercial designation of the General Plan and General Plan Land Use Element Policy 1.1.7, 2.1, and 2.3. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the Planned Development Ordinance. Staff Comment: As conditioned, the project satisfies all conditional use permit and Planned Development zoning code provisions for a commercial development. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment: The proposed commercial development will not be detrimental to the general public or working persons health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The project has been designed to enhance the appearance along EI Camino Real with high quality architecture and project landscaping. The project site has been designed with the buildings oriented to the street frontage with parking to the rear, providing a pedestrian oriented development. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: The proposed project and use is consistent with the traffic projections and road improvements anticipated within the General Plan. Based on staff's analysis in the preceding sections, it appears that all of the required findings for approval of a Conditional Use Permit can be made. Proposed Environmental Determination A Draft Mitigated Negative Declaration was circulated to public agencies and interested members of the public on April 27, 2005. The environmental analysis identified concerns regarding potential impacts to aesthetics, noise, and traffic. Mitigation measures pertaining to these resources are included. It is the opinion of staff that the combination of design features incorporated into the proposed project, mitigation measures, and conditions of approval will reduce any potential environmental impacts to a level of insignificance. A finding is proposed that this project would not have a significant effect on the environment based upon the implementation of the identified mitigation measures. Staff is recommending that the Commission certify Proposed Mitigated Negative Declaration 2005-0022. Conclusion The proposed project represents an infill commercial project within the Commercial Tourist zone. The Master Plan of Development will cover all site development, landscaping and architectural design standards for the project. The proposed project is consistent with the General Plan and Atascadero Municipal Code, as analyzed within this staff report. It is staff's opinion that the proposed project, as conditioned allows the Planning Commission to make all of the required findings for project approval. ALTERNATIVES 1. The Commission may recommend modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The parcel would retain its designation of Commercial Professional. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Arborist Report Attachment 3: Draft Resolution PC 2005-0035 Attachment 1: Location Map, General Plan and Zoning �9 Project Site: 9700 El Camino ri egt $t5 Zoning: CT (Commercial Tourist) General Plan Designation: GC (General Commercial) Attachment 2: Arborist Report See following ATTACHMENT 2: Draft Resolution PC 2005-0035 117:7\ W r :7 x.Y�7��J111 [�7�� Z► Q���Q�k�� RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO CERTIFYING PROPOSED MITIGATED NEGATIVE DECLARATION 2005-0022 AND APPROVING CONDITIONAL USE PERMIT 2004-0137 APN 056-081-032 (9700 El Camino Real / Jacobsen) WHEREAS, an application has been received from Ted Jacobsen (5806 Traffic Way, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a Master Plan of Development for a 18,000 square foot commercial development (CUP 2004- 0137); and, and, WHEREAS, the site's current General Plan Designation is General Commercial (GC); WHEREAS, the site's current zoning is Commercial Tourist (CT); and, WHEREAS, a Conditional Use Permit to establish a Master Plan of Development is required for all commercial projects in excess of 10,000 square feet; and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2005-0022 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on May 17, 2005, studied and considered the Conditional Use Permit 2004- 0137 (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 Certification of the Proposed Mitigated Negative Declaration. The Planning Commission finds as follows: 1. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project's mitigation monitoring program as conditions of approval; and, 2. The project will not achieve short-term to the disadvantage of long term environmental goals; and, 3. The project does not have impacts which are individually limited, but cumulatively considerable; and, 4. The project will not cause substantial adverse effects on human beings either directly or indirectly; and, SECTION 2. Findings for Approval of Tree Removal Permit. The Planning Commission finds as follows: The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: ■ Early consultation with the City; ■ Consideration of practical design alternatives; ■ Provision of cost comparisons (from applicant) for practical design alternatives; ■ If saving tree eliminates all reasonable uses of the property; or ■ If saving the tree requires the removal of more desirable trees. SECTION 3. Findings for approval of Height Exception. The Planning Commission finds as follows: 1. The proposed project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties; and, 2. The modified height will not exceed the lifesaving equipment capabilities of the Fire Department. SECTION 4. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on May 17, 2005, resolved to approve the Conditional Use Permit 2004-0137 (Master Plan of Development) subject to the following: EXHIBIT A: Proposed Mitigated Negative Declaration EXHIBIT B: Conditions of Approval EXHIBIT C: Master Plan of Development/Site Plan/ Floor Plans EXHIBIT D: Landscape Plan EXHIBIT E: Grading and Drainage Plan EXHIBIT F: Elevations EXHIBIT G: Color and Materials Board EXHIBIT H: Sign Program On motion by Commissioner , and seconded by Commissioner foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary the Exhibit A Proposed Mitigated Negative Declaration 2005-0022 See Following EXHIBIT B: Conditions of Approval / Mitigation Monitoring Program Master Plan of Development (CUP 2004-0137) Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring 9700 El Camino Real BL: Business License PS: Planning Services BS: Building Services Master Plan of Development GP: Grading Peet FD: Fire Department PD: Police Department CUP 2004-0137 BP: Building Permit CE: City Engineer FI: Final WW: wastewater CA: City Attorney Inspection TO: Temporary Occupancy F0: Final Occupancy Planning Services 1. This conditional use permit shall be for a phased 3 building commercial FM PS development, parking lot, and landscaping as described on the attached exhibits and located on parcel 056-081-032 regardless of owner. 2. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority to BP/FM PS, CE approve the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council. 4. Approval of this Conditional Use Permit shall be valid for twelve (12) months BP/FM PS after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 5. The applicant shall defend, indemnify, and hold harmless the City of Ongoing Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 6. All subsequent Tentative Map and construction permits shall be consistent BP/FM PS, CE with the Master Plan of Development contained herein. 7. All exterior elevations, finish materials, and colors shall be consistent with BP PS the Master Plan of Development as shown in EXHIBIT C, D and F with the following modifications: ■ All exterior material finishes shall be durable, high quality, and consistent with the architectural appearance. Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring 9700 El Camino Real BL: Business License PS: Planning Services BS: Building Services Master Plan of Development GP: Grading Permit FD: Fire Department PD: Police Department CUP 2004-0137 BP: Building Permit CityEngineer ste FI: Final WN: ater �� Wastewater CA: City Attorney Inspection TO: Temporary Occupancy F0: Final Occupancy • All trash storage, recycle storage, and air conditioning units shall be screened from view behind architecturally compatible or landscaped enclosures; ■ Any exterior light fixtures shall be compatible with building design, subject to staff approval. ■ Stucco siding shall be smooth finish or similar. ■ Windows shall be recessed to be consistent with the proposed architectural theme. ■ Final color selection shall include dark earth toned colors, subject to staff approval. 8. The future buildings shall be consistent in color, style, and materials to the main building and shall include the following elements as shown in EXHIBIT F: ■ Tile accent features. ■ Earth toned colors. • Decorative iron accents/railings. ■ Tile roofing. ■ Gridded, recessed windows. 9. All site work, grading, and site improvements shall be consistent with the BP/FM PS, BS, CE Master Plan of Development as shown in EXHIBIT C, D, and E, and shall include the following: ■ Graded pads shall be hydroseeded and landscaped until the time of development. 10. A final landscape and irrigation plan shall be approved prior to the issuance BP PS, BS of building permits and included as part of site improvement plan consistent with EXHIBIT D, 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. ■ Street trees shall be provided along the EI Camino Real frontage at a Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring 9700 El Camino Real BL: Business License PS: Planning Services BS: Building Services Master Plan of Development GP: Grading Permit FD: Fire Department PD: Police Department CUP 2004-0137 BP: Building Permit CityEngineer ste FI: Final WW: ater �� Wastewater CA: City Attorney Inspection TO: Temporary Occupancy F0: Final Occupancy maximum spacing of 30 feet on center with the exception of where accent landscaping and pedestrian entrances interfere, subject to staff approval. A minimum of 5 London Plane street trees shall be provided along the EI Camino Real frontage. ■ Street and landscape trees shall be minimum 15 -gallon size and double staked. 11. All native tree removals shall be mitigated for in accordance with the BP PS Atascadero Native Tree Ordinance. Any native trees impacted greater than 50% of the dripline shall be bonded for. 12. The developer and/or subsequent owner shall assume responsibility for the GP PS continued maintenance of all landscape and common areas, consistent with BP EXHIBIT D. 13. All center signage shall be compatible with the building architecture and BP PS design theme. ■ No signage shall be permitted above the first story of the buildings (max height of 13 feet from base of building). ■ Tenant signage shall be limited to the 1.5 -feet by 4.5 -feet, per EXHIBIT H. ■ Tenant signage shall be located at unit space entrances only. ■ Monument signs shall incorporate materials and colors consistent with the main building. 14. Prior to the issuance of any building permit, the applicant shall record a BP/FM PS/PW reciprocal access agreement to allow for connection to any future proposed project to the north. 15. Parking shall be provided at a ratio of 1 space per every 300 square feet of Ongoing PS commercial space. Building Services 16. A soils investigation prepared by a licensed Geotechnical Engineer is to GP PS be provided for the project. The report is to be provided at the time of BP building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. Fire Marshal Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring 9700 El Camino Real BL: Business License PS: Planning Services BS: Building Services Master Plan of Development GP: Grading Permit FD: Fire Department PD: Police Department CUP 2004-0137 BP: Building Permit CityEngineer ste FI: Final ater �� Wastewater WW: CA: City Attorney Inspection TO: Temporary Occupancy F0: Final Occupancy 17. Fire hydrant location and number are subject to Fire Department approval. BP FD No building or grading permit shall be issued without an approved utility plan. Atascadero Mutual Water Company 18. Before the start of construction on the water system improvements, the GP, BP CE applicant shall submit plans to AMWC for the water distribution facilities needed to serve the project. 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. 19. Before the start of construction on the water system improvements, the GP, BP CE applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. 20. Before issuance of building permits, the applicant shall obtain a "Will GP, BP CE Serve" letter from AMWC. 21. The water mains required to serve the project shall be laid out in a grid or GP, BP CE looped pattern and shall connect to the existing water main system in EI Camino Real with East Front Street, if possible. 22. The applicant shall provide AMWC with easements for those water GP, BP CE facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 23. The applicant shall obtain a separate landscape -irrigation meter from GP, BP CE AMWC for the common areas within the project. Mitigation Measures Mitigation Measure 1.c.1: The following landscape mitigations shall apply: BP BS, PS, CE 1.c.1 ■ The project landscaping shall include street trees along EI Camino Real frontage placed a minimum of 30 feet on center or at locations complimentary to the architectural design of the proposed buildings, subject to staff approval. ■ All proposed parking area trees shall be shade trees of 15 -gallon size and shall be double staked. Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring 9700 El Camino Real BL: Business License PS: Planning Services BS: Building Services Master Plan of Development GP: Grading Permit FD: Fire Department PD: Police Department CUP 2004-0137 BP: Building Permit CityEngineer ste FI: Final WW: ater �� Wastewater CA: City Attorney Inspection TO: Temporary Occupancy F0: Final Occupancy Mitigation Measure 1.c.2: The proposed buildings shall include the use of paint BP BS, PS, CE 1.c.2 and roof colors consistent with the architectural style as designed. Mitigation Measure 1.d.1: If exterior parking lot lighting is proposed, it shall be BP BS, PS, CE 1.d.1 designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 14 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the site. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP, GP BS, PS, 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. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. Conditions of Approval / Mitigation Monitoring Program 9700 El Camino Real Master Plan of Development CUP 2004-0137 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibili ty /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Engineer Department ste ater WN: City �� Wastewater CA: City Attorney Mitigation Measure 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. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.e.1: Grading and excavation and grading work shall be BP PS 4.e.1 consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within the area of work shall be fenced for protection with 4 - foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring 9700 El Camino Real BL: Business License PS: Planning Services BS: Building Services Master Plan of Development GP: Grading Permit FD: Fire Department PD: Police Department CUP 2004-0137 BP: Building Permit CityEngineer ste FI: Final WW: ater �� Wastewater CA: City Attorney Inspection TO: Temporary Occupancy F0: Final Occupancy Mitigation Measure 4.e.2: The developer shall contract with a certified arborist BP PS 4.e.2 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 /4 inch granite covered with one -inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one -foot by one -foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 6.b.1: The grading permit application plans shall include GP PS, BS, CE 6.b.1 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.1: A soils report shall be required to be submitted with a BP, GP PS, BS, CE 6.c.1 future building permit by the building department. Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring 9700 El Camino Real BL: Business License PS: Planning Services BS: Building Services Master Plan of Development GP: Grading Permit FD: Fire Department PD: Police Department CUP 2004-0137 BP: Building Permit CE: City Engineer FI: Final WW: wastewater CA: City Attorney Inspection TO: Temporary Occupancy F0: Final Occupancy Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that all GP PS, BS, CE 8.e.f.1 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. Mitigation Measure 11.d.1: All construction activities shall comply with the City BP, GP PS, BS, CE 11.d.1 of Atascadero Noise Ordinance for hours of operation. EXHIBIT C: Master Plan of Development/Site Plan/floor plans EXHIBIT D: Landscape Plan EXHIBIT E: Grading & Drainage Plan c 7 EXHIBIT F: Elevations California Meridian Financial Center .s ,.:arty,{.�.�•_:�i.� ._. .-___ Y... •.S, .........__._ •''. S. 1 .j1 .ti•.-.;.� .,. w. -n. -•r: :r._: •;pct ... 14•Hr /" it ,^ _- - - ''�• ytLL� �:. `. _­Mi; .c:q tt4dMA�trt t<a ri FI EXHIBIT G: Color and Materials Board COLOR AND MATERIALS BOARD California Meridian Financial Center 9800 EI Camino Real, Atascadero, CA LGA - Leonard Grant, Architect Thursday, September 30, 2004 (LaHabra Stucco Color X-68 Sandstone) Ext. Stucco @Ext Walls (Sherwin Williams SW2802) Exterior. Awning • ANODIZED BRONZE WINDOWIDOOR FRAMES • WROUGHT IRON RAILINGS • CERAMIC TILE ACCFNI'S (US Tile — Palermo Blend) One -Piece S Tile @ Roof (LaHabra Stucco Calor X475 Viejo) Ext. Accent Stucco @ Columns and Accent Bands (see elevation) (Sherwin WilliamsSW6083) Trim and Accent Color See project file for specific proposed color selections EXHIBIT H: Master Sign Program Qnun� _nf 5 l ria e 4' _- Center Identification Monument Sign — i I TenBACI`IRtItS+Tsstgs6 -. _-3"a„d �" Ua.-4�„ o., oi 7, event_Name'TypantName 9 G/ vIe4- enant Name Tenant Name - n Tenant Name jlenant Name 12 U t d i n q J 1 g n A 1 e I Z' Individual Building Monument Sign � ccen'E Cv�o'` n dr'_y_r N A!I /2rt a n S,qn g r _z Individual Tenant Building Sign d.imt e4 ITEM NUMBER: n,A DATE: 5/17/05 Atascadero Planning Commission Staff Report - Community Development Department Atascadero Bible Church Master Plan of Development Amendment (CUP 2004-0142), (6225 Atascadero Mall / Atascadero Bible Church) SUBJECT: The proposed project consists of an application for a Conditional Use Permit Amendment to the Master Plan of Development for Atascadero Bible Church. RECOMMENDATION: Staff Recommends: 1. Adopt Resolution PC 2005-0036 certifying Proposed Mitigated Negative Declaration 2005-0006 and approving Conditional Use Permit 2004-0142 based on findings and subject to Conditions of Approval and Mitigation Monitoring. SITUATION AND FACTS: 1. Applicant / Representative: Atascadero Bible Church, 6225 Atascadero Mall, Atascadero, CA 93422 2. Project Address: 6225 Atascadero Mall, Atascadero, CA 93422 (San Luis Obispo County) APN 030-192-018 3. General Plan Designation: Public 4. Zoning District: Public 5. Site Area: 4 acres 6. Existing Use: Church and school facilities 7. Environmental Status: Proposed Mitigated Negative Declaration 2005-0006 ITEM NUMBER: n3 DATE: 5/17/05 DISCUSSION: Project Definition The proposed project includes the expansion and replacement of church and school facilities for Atascadero Bible Church. Four existing classrooms, currently located in modular buildings, are proposed to be replaced with a two-story permanent facility to include classrooms, a multi-purpose assembly room, and meeting rooms. In addition, a small cafe will be constructed adjacent to the current church entrance for use by the church and school. Background Surrounding Land Use and Setting: North: Highway 101 South: Public East: Atascadero Creek West: High Density Residential Surrounding Land Use and Setting: North: Highway 101 South: Public East: Atascadero Creek West: High Density Residential The project site is currently developed with the main building, consisting of a sanctuary, church offices, classrooms, and a family center, and classroom facilities. According to City records and records obtained from the Atascadero Historic Society and the applicant, a portion of the existing main building was one of the first buildings constructed at the founding of the Atascadero Colony and was part of E.G. Lewis's vision for the Civic Center of town. The building was designed as a community building where such activities as dancing, roller-skating, bowling, basketball games, and acted ITEM NUMBER: 03 DATE: 5/17/05 as the community theatre for live and motion picture events. The building was evaluated by the Office of California Historic Preservation in 1987 and was determined eligible for listing as a contributor by consensus. The historic building currently includes a stucco finish and retains the original entry doors and windows along the street facing facade. Some additions have been made to the building over the years. A sanctuary was added onto the eastern portion of the building in the early to mid 1990's and a wing added to the rear of the building around the late 1990's. In addition, classroom buildings have been constructed on the site to the south of the historic community building. The additions and site alterations have retained some of the more prominent architectural features of the original building, most notably the original two-story arched windows, the colonnade entrance with an upper floor balcony, and the octagonal tower located just to the east of the main entrance. Appearance Review Site Design The site plan has been designed to meet the requirements of the Atascadero Municipal Code and the appearance review requirements of the General Plan. In addition, the proposed student center and cafe buildings have been designed and sited to be architecturally compatible with the historic building. The church will retain the two current vehicular entrances off of Atascadero Mall with a new parking lot and driveway proposed to the south of the current entrances. The courtyard adjacent to the sanctuary will be expanded to include decorative paving, additional shade trees, and the proposed cafe. The cafe has been located to preserve views of the original historic arched windows. The proposed student center will replace the current modular classrooms and will include pedestrian walkways linking the sidewalk along Atascadero Mall to buildings and activity areas throughout the site. A 786 -square -foot addition is proposed for the classroom building fronting Atascadero Mall. The proposed new parking lot has been designed to be used as an outdoor play area for the school during the weekdays. ITEM NUMBER: 03 DATE: 5/17/05 •w r e - -- ° Proposed - Cafe Historic i 71—t Building e 1 New Parking - Lot � I 3 Proposed ' Classroom I _ e Building fo ; R-O-W Existing classroom New with ATgSCgpERO M" I Parking proposed Lot addition Architecture, Materials, Color The proposed two-story student center includes gridded windows and doors to compliment the historic building. In addition, the applicant has worked with staff to include French style doors with sidelights along the lower floor consistent with the historic architectural style. The placement of the smaller cafe building will be constructed in front of the original historic building entrance and is designed to preserve the view of the arched windows form the street frontage. The cafe has been designed to include architectural features ITEM NUMBER: 03 DATE: 5/17/05 similar to the historic building including gridded French doors with sidelights and arched windows. The preliminary landscape plan has been designed for compatibility with existing on-site improvements and proposed new buildings. The applicant is including new planters within the existing parking lots to create additional shade canopy coverage and improve the circulation of the site. Shade trees will be added to the proposed courtyard expansion area and street trees will be added along Atascadero Mall in front of the proposed improvements. Atascadero Mall Frontage Site improvements currently exist within the Atascadero Mall right-of-way. Staff has conditioned that an encroachment permit be obtained from the City prior to the issuance of any building permit (Condition 13). This encroachment permit will specify conditions related to the future removal of such improvements for future widening of Atascadero Mall. ITEM NUMBER: 03 DATE: 5/17/05 General Plan Consistency The proposed project is consistent with the following General Plan Land Use Element Policies: Land Use Program 1.1.7: "Within the Urban Core encourage infill development or revitalization or reuse of land already committed to urban development where utilities and public services exist. Land Use Policy 2.1: "Ensure that new development is compatible with existing and surrounding neighborhoods". Land Use Policy 6.4: "Encourage conservation and preservation of structures and houses that have historical and architectural significance." As analyzed above and as conditioned, the proposed project is consistent with the General Plan and has been designed to be compatible with, and maintain, the context of the existing historic building. Findings Conditional Use Permit A Master Plan of Development approved in the form of a Conditional Use Permit is required for development in excess of 10,000 square -feet The Conditional Use Permit process provides the opportunity for the public and the Planning Commission to review the specifics of land use proposals, such as architectural design, site design, landscape, signage, and specific standards of the zoning ordinance. The Planning Commission must make the following five findings to approve a Conditional Use Permit: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The use is consistent with the General Commercial designation of the General Plan and General Plan Land Use Element Policy 1.1.7, 2.1, and 6.4. 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 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 ITEM NUMBER: 03 DATE: 5/17/05 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 development will not be detrimental to the general public or working persons health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The project is consistent with the surrounding neighborhood uses and existing site improvements. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: The proposed project and use is consistent with the traffic projections and road improvements anticipated within the General Plan. Based on staff's analysis in the preceding sections, it appears that all of the required findings for approval of a Conditional Use Permit can be made. Proposed Environmental Determination A Draft Mitigated Negative Declaration was circulated to public agencies and interested members of the public on March 4, 2005. The environmental analysis identified concerns regarding potential impacts to aesthetics, noise, historic, and biological resources. Mitigation measures pertaining to these resources are included. It is the opinion of staff that the combination of design features incorporated into the proposed project, mitigation measures, and conditions of approval will reduce any potential environmental impacts to a level of insignificance. A finding is proposed that this project would not have a significant effect on the environment based upon the implementation of the identified mitigation measures. Staff is recommending that the Commission certify Proposed Mitigated Negative Declaration 2005-0006. ITEM NUMBER: 03 DATE: 5/17/05 Conclusion The proposed project will establish a Master Plan of Development for an existing church facility and associated school uses. The Master Plan of Development will ensure that all site development is consistent with the adjacent creek and historic site resource. The applicant is proposing to replace existing school facilities with a two-story building that is architecturally compatible with the historic building and upgrades the existing appearance of the site. New landscaping will be added throughout the site. It is staff's opinion that the proposed project, as conditioned allows the Planning Commission to make all of the required findings for project approval. ALTERNATIVES 1. The Commission may recommend modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Site Pictures Attachment 3: Sandborn Map / Historic Picture Attachment 4: Draft Mitigated Negative Declaration and Initial Study Attachment 5: Draft Resolution PC 2005-0036 ITEM NUMBER: 03 DATE: 5/17/05 Attachment 2: Site Pictures a� III fill If I d �r Main entrance to Historic Building �� Jl AM Front view of Historic Building ke ITEM NUMBER: 03 DATE: 5/17/05 Attachment 2: Site Pictures aT � RECEIVED NOV 2 4 7004 COMMUNITY DEVROPMENT :{�li 7-r SA Attachment 3: Sandborn Map / Historic Picture r n) ITEM NUMBER: 03 DATE: 5/17/05 i v d /�x O j Cl Circa 1920 SOC/AL HALL of THE FEDER,4TEO CHURCH (CoAfmumTY BLOC) £LEC. L/GNTS.-STEFM NEAT roWN W.4rzT 190 1 f covcaer r • •� Bl�q Lu4,GE ;AOCRO AY .: Z f'�..Pw.� a•' ' °- ` w.67 Bi//lards.• 4 .• Iv L006E ,y AUD/TORjUkj� •� '• i".' ., 'F ,:;-. ¢„�l . SEE .ffo-w /a Lcar� \ A SCALE 50FT. TO AN *r• U ITEM NUMBER: 03 DATE: 5/17/05 Attachment 4: Draft Mitigated Negative Declaration and Initial Study See Following ITEM NUMBER: 03 DATE: 5/17/05 ATTACHMENT 5: Draft Resolution PC 2005-0036 DRAFT RESOLUTION PC 2005-0036 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO CERTIFYING PROPOSED MITIGATED NEGATIVE DECLARATION 2005-0006 AND APPROVING CONDITIONAL USE PERMIT 2004-0142 APN 030-192-018 (6225 Atascadero Mall / Atascadero Bible Church) WHEREAS, an application has been received from Atascadero Bible Church (6225 Atascadero Mall, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a Master Plan of Development for an 8 -unit condominium development (CUP 2004-0141); and, WHEREAS, the site's General Plan Designation is P (Public); and, WHEREAS, the site's current zoning district is P (Public); and, WHEREAS, a Master Plan of Development in the form of a Conditional Use Permit is required for all developments in excess of 10,000 square -feet; and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2005-0006 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 entitlements; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on May 17, 2005, studied and considered Conditional Use Permit 2004- 0142, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, ITEM NUMBER: 03 DATE: 5/17/05 NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Certification of the Proposed Mitigated Negative Declaration. The Planning Commission finds as follows: 1. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project's mitigation monitoring program as conditions of approval; and, 2. The project will not achieve short-term to the disadvantage of long term environmental goals; and, 3. The project does not have impacts which are individually limited, but cumulatively considerable; and, 4. The project will not cause substantial adverse effects on human beings either directly or indirectly; and, SECTION 2. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on May 17, 2005, resolved to approve Conditional Use Permit 2004-01412 to establish a Master Plan of Development, subject to the following: ITEM NUMBER: DATE: EXHIBIT A: Proposed Mitigated Negative Declaration EXHIBIT B: Conditions of Approval EXHIBIT C: Master Plan of Development/Site Plan EXHIBIT D: Landscape Plan EXHIBIT E: Grading and Drainage Plan EXHIBIT F: Color and Materials EXHIBIT G: Floor Plans: Student Center EXHIBIT H: Elevations: Student Center EXHIBIT I: Floor Plans: Cafe EXHIBIT J: Elevations: Cafe On motion by Commissioner , and seconded by Commissioner foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA Bob Kelley Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary 03 5/17/05 the ITEM NUMBER: 03 DATE: 5/17/05 Exhibit A Proposed Mitigated Negative Declaration 2005-0006 See Following ITEM NUMBER: 03 DATE: 5/17/05 EXHIBIT B: Conditions of Approval / Mitigation Monitoring Program Master Plan of Development (CUP 2004-0142) Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services Atascadero Bible Church GP: Grading Permit FD: Fire Department Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2004-0142 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FO: Final Occupancy Planning Services 1. This conditional use permit shall be for a Master Plan of Development FM PS for a church facility, classrooms, and associated cafe located on parcel 030-192-018 regardless of owner. 2. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority to BP/FM PS, CE approve the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council. 4. Approval of this Conditional Use Permit shall be valid for twelve (12) BP/FM PS months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 5. The applicant and/or subsequent owners shall defend, indemnify, and On going PS hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the proposed development. 6. All subsequent Tentative Map and construction permits shall be BP/FM PS, CE consistent with the Master Plan of Development contained herein. 7. All exterior elevations, finish materials, and colors shall be consistent BP PS with the Master Plan of Development as shown in EXHIBIT C and D with the following modifications: ■ All exterior material finishes shall be durable, high quality, and consistent with the architectural appearance. ■ All trash storage, recycle storage, and air conditioning units shall be ITEM NUMBER: 03 DATE: 5/17/05 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services Atascadero Bible Church GP: Grading Permit FD: Fire Department Master Plan of Development BP: Building Permit FI: Finallnspection PD: Police Department CE: City Engineer CUP 2004-0142 TO: Temporary Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy screened from view behind architecturally compatible or landscaped enclosures; ■ Any exterior light fixtures shall be compatible with building design, subject to staff approval. 8. All site work, grading, and site improvements shall be consistent with BP/FM PS, BS, CE the Master Plan of Development as shown in EXHIBIT C, D, and E. 9. A final landscape and irrigation plan shall be approved prior to the BP PS, BS issuance of building permits and included as part of site improvement plan consistent with EXHIBIT D, and as follows: ■ All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. ■ All common areas shown on the landscape plan shall be landscaped by the developer prior to the final of any building permit on-site. ■ Plant species shall be drought tolerant and designed to compliment the site buildings. ■ Landscape trees shall be minimum 15 -gallon size and double staked. ■ Parking lot trees shall be large to medium shade trees and shall be planted a maximum of 30 -feet on center throughout parking areas. 10. The developer and/or subsequent owner shall assume responsibility for GP PS the continued maintenance of all landscape areas, consistent with BP EXHIBIT D. Building Services 11. A soils investigation prepared by a licensed Geotechnical Engineer is GP PS to be provided for the project. The report is to be provided at the BP time of building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. Fire Marshal 12. Fire sprinkler plans shall be submitted with building permit applications. City Engineer Project Conditions ITEM NUMBER: 03 DATE: 5/17/05 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services Atascadero Bible Church GP: Grading Permit FD: Fire Department Master Plan of Development BP: Building Permit FI: Finallnspection PD: Police Department CE: City Engineer CUP 2004-0142 TO: Temporary Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy 13. Applicant shall apply for an encroachment permit conditioned to FM PW include the removal of all improvements within the right-of-way upon future City request for road improvements. Atascadero Mutual Water Company 14. Before the start of construction on the water system improvements, GP, BP CE the applicant shall submit plans to AMWC for the water distribution facilities needed to serve the project. 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. 15. Before the start of construction on the water system improvements, GP, BP CE 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. 16. Before issuance of building permits, the applicant shall obtain a "Will GP, BP CE Serve" letter from AMWC. 17. The water mains required to serve the project shall be laid out in a GP, BP CE grid or looped pattern and shall connect to the existing water main system in Atascadero Mall, if possible 18. The applicant shall provide AMWC with easements for those water GP, BP CE facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 19. The applicant shall obtain a separate landscape -irrigation meter from GP, BP CE AMWC for the common areas within the project. Mitigation Measures BP PS 1.c.1 Mitigation Measure 1.c.1: If exterior lighting is proposed, it shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 16 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the private street. Fixtures shall be shield cut-off type and compatible with historic setting, subject to staff approval. Mitigation Measure 3.b.1: Asbestos has been identified by the state Air BP BS 3.b Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring ITEM NUMBER: 03 DATE: 5/17/05 Conditions of Approval / Mitigation Monitoring Program Atascadero Bible Church Master Plan of Development CUP 2004-0142 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Finallnspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If Naturally Occurring Asbestos (NOA) is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. . If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Should Naturally Occurring Asbestos be identified within the area of construction, and the worked area will be less than or equal to one acre, then the dust control measures identified below are required. If the disturbed area is greater than one acre, additional requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. Mitigation Measure 3.b.2: No person shall engage in any construction or GP BS 4.e.1 grading operation on property where the area to be disturbed is one (1.0) acre or less unless all of the following dust mitigation measures are initiated at the start and maintained throughout the duration of the construction or grading activity: (A) Construction vehicle speed at the work site must be limited to fifteen (15) miles per hour or less; (B) Prior to any ground disturbance, sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; (C) Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; (D) Storage piles must be kept adequately wetted, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile; (E) Equipment must be washed down before moving from the property onto a paved public road; and (F) Visible track -out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four (24) hours. ITEM NUMBER: 03 DATE: 5/17/05 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services Atascadero Bible Church GP: Grading Permit FD: Fire Department Master Plan of Development BP: Building Permit FI: Finallnspection PD: Police Department CE: City Engineer CUP 2004-0142 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FO: Final Occupancy Mitigation Measure 4.b.1: Fencing shall be installed along creek GP BS 4.b.1 reservation. Any construction activity which encroaches into the dripline of any riparian habitat trees shall be mitigated per the guidelines of the Atascadero Native Tree Ordinance and per the recommendations of the project arborist. Mitigation Measure 4.b.2: All runoff from the proposed parking areas shall GP/BP PS/CE 4.b.2 be filtered prior to release into Atascadero Creek. Filtration methods shall be reviewed and proved by the City Engineer prior to any grading or building permit issuance. Mitigation Measure 4.e.f.1: The developer shall contract with a certified GP BS 4.e.f.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 to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. ■ Apply any additional recommendations of the project 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: 03 DATE: 5/17/05 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services Atascadero Bible Church GP: Grading Permit FD: Fire Department Master Plan of Development BP: Building Permit FI: Finallnspection PD: Police Department CE: City Engineer CUP 2004-0142 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FO: Final Occupancy Mitigation Measure 5.a.1: The location of the proposed buildings shall retain GP PS, BS, CE 5.a.1 views of the historic building from the Atascadero Mall street frontage and within the project site. Each proposed building shall incorporate elements consistent with the architectural theme of the historic building. Mitigation Measure 5.b: Should any cultural resources be unearthed during GP PS, BS, CE 5.b.1 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.1: The grading permit application plans shall GP PS, BS, CE 6.b.1 include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.d.1: A soils report shall be required to be submitted GP BS 6.c.d.1 with a future building permit by the building department. Mitigation Measure 8e.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 GP PS, BS, CE 8.e.f.2 all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. ITEM NUMBER: 03 DATE: 5/17/05 Conditions of Approval / Mitigation Monitoring Program Atascadero Bible Church Master Plan of Development CUP 2004-0142 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Finallnspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Mitigation Measure 11.d.1: All construction activities shall comply with the BP, GP PS, BS 11.d.1 City of Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. ITEM NUMBER: 03 DATE: 5/17/05 EXHIBIT C: Master Plan of Development/Site Plan /I 0 o � m I� r z e ; t 1 l0 � 7 I e \ e i � - . f c (n D a F R 7 S B v PROPOSED STUDENT MINISTRY CENTER ATASCADERO BIBLE CHURCH PARTIAL SITE PIAN � �' ITEM NUMBER: 03 DATE: 5/17/05 EXHIBIT D: Landscape Plan r > s F- _ 0 m 1 - r — m v — I i - ---- 44 1 a B .-- 9 t ! ° i � a .FEDI a�E •� 9� c r� r � `E 0 � a a �a.y � �--• a I � a � •� . , s e L e i 0 0 a Ix t its a s ka a A'A..DER0 ALL e e 3 a E F r PROPSED STUDENT MINISTRY CENTER AATTASODERO BIBLE EC CHURCH LMNARY ITEM NUMBER: DATE: 5/17/05 EXHIBIT E: Grading & Drainage Plan 0 W W J JG !i 1 :f ITEM NUMBER: 03 DATE: 5/17/05 EXHIBIT F: Color and Materials EXHIBIT G: Floor Plans: Student Center ITEM NUMBER: DATE: 5/17/05 SN'V-IcA N001=1 ONOOEIS ONIV LS;W Hz)Nn 31919 ONaovz)sv.Lv Ng.LNB:) kN.LSINIW INadnis cnsocio ij 1111�i I I I cf) 5-3-01413A34 VOOZ V Z AON ITEM NUMBER: DATE: 5/17/05 EXHIBIT H: Elevations: Student Center _O f - Q W W F - w O z ulNnwwoo I i I I I I I I I I I I I I ■ SNOLLVA313 21012131X3 H50HO 31919 ONaCI dOSb ? CV 2131N3O 1.211SINIW 1Nachis O3SOd021d I i I I N _O f - Q W W F - w O z ulNnwwoo I i I I I I I I I I I I I I ■ ITEM NUMBER: 03 DATE: 5/17/05 EXHIBIT I: Floor Plans: Cafe c uq�,(oM�anpacuobu�c SW6 V0 'N0131dW31 sq -in( 3Hos yyy 11301019-IL95081 W HVWOd 331006 3 4 3 XVd B Hd L169-LZZ 15081 1331K7FlN 1M OX ITAN3FId31S NVId HOO�� `1 N 1:1VO 09V HOMHO 3-1919 08 GVOS` iV w 6 i 4 c o�l 00u. J .o -,oz : U rn 0 I i I •1 n m — 1 I I i .o I IWY I---- .01,OL ouj IujuI NQr_ uo + OU VI I •1 Ir m ro © Z J CL •1 I � I O LL I J MMOIWO ALINnwwoo vont t Z AON ITEM NUMBER: 03 DATE: 5/17/05 EXHIBIT J: Elevations: Cafe � r- .� 833Vo A....a�ipOD"uoc S9W6 VO'NOiJ ldVV31 13301019-0/915081 I<VVWOd 33100b S3if1(3HOSa XV3 4 Hd 1I09 -LLL (508) 103131,'W *WV •JNI34 113SWU N31d31S SNOIIVA3�3 )dOIN31X3 09V HounHO 31919 Od GVOSV1V i II ° Y xY Y t4 Y � U N FFF i Ew ® - - Z = w J W W po Z w ~ X w I I B y IMMOIMN ),11"WOO VOOZ V Z AON a3Ai303a ITEM NUMBER: 4 DATE: 5-174)5 Planning Commission Staff Report Staff Report - Community Development Department Pino Solo/Principal Avenue Phase 2 CUP 2005-0155/TTM 2005-0068 (9300 Pino Solo / WestPac Investments, Inc.) RECOMMENDATIONS: Staff Recommends Planning Commission: 1. Adopt Resolution PC 2005-0029 approving Conditional Use Permit 2005-0155 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 2. Adopt Resolution PC 2005-0030 approving Vesting Tentative Tract Map 2005-0068 based on findings and subject to Conditions of Approval and Mitigation Monitoring. REPORT -IN -BRIEF: The project consists of a Master Plan of Development (CUP) and vesting Tentative Tract Map that would incorporate 4 residential units as a second development phase to the previously approved 45 -unit Atascadero mixed-use commercial/office and residential development. The project site is on a 0.29 acre lot located at the corner of Principal Avenue and Pino Solo Avenue. The project includes replacement of a single- family residential structure with two residential duplex buildings, parking and associated landscape and street frontage improvements. The duplex buildings are identical to those previously approved in the Atascadero mixed-use project. ITEM NUMBER: 4 DATE: 5-174)5 DISCUSSION: Situation and Facts: 1. Applicant / Representative: Principal Partners, LP 805 Aerovista Place, Suite 202 San Luis Obispo, CA 93401 2. Project Address: 9300 Pino Solo Avenue (APN 030-491-001) (San Luis Obispo County) 3. General Plan Designation: MDR (Medium Density Residential) 4. Zoning District: RMF-10/PD-24 (Residential Multi-Family/Planned Development #24) 5. Site Area: 0.29 acres 6. Existing Use: Single -Family house 7. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2004-0024 Background On October 12, 2004, the City Council approved the EI Camino Real/Principal Avenue Mixed -Use project for a 8,320 square foot commercial/office building along EI Camino Real, a 8,230 square foot live/work building along Principal Avenue, which includes 5 residential units with office space on the ground floor, and 40 multi -family residential units. The project approval also included the potential to construct four additional residential units on a separate parcel located at the northwest corner of Principal and Pino Solo Avenue; however, the Master Plan did not include the site or building design because the applicant did not own the site at the time. The original project approval requires that a separate CUP (Master Plan of Development) application for Planning Commission approval which is currently being proposed. Surrounding Land Use and Setting: North: Commercial Retail South: Commercial Retail/Residential Multi -Family ITEM NUMBER: 4 DATE: 5-17-05 East: Residential Single -Family West: Vacant (future mixed use/residential) I Previously approved PD -24 RSF-Y mixed use project a T7Project � Site ITEM NUMBER: 4 DATE: 5-174)5 The project site is within the Medium Density Residential General Plan Land Use designation and is zoned RMF -10 (Residential Multi -Family, 10 units per acre/ Planned Development #24), which specifically allows four multi -family residential units on the 0.29 -acre site. The properties along Pino Solo Avenue are developed as single-family residential. The property across Principal Avenue is currently being developed as multi- family residential. ANALYSIS: Project Definition The proposed project consists of a request to approve a Master Plan of Development for four multi -family residential units on a 0.29 acre site with a corresponding Vesting Tentative Tract Map. Planned Development Overlay No. 24 which allows a maximum of four (4) residential units on the project site. The proposed Master Plan of Development consistent with the PD -24 Overlay Zone requirements for site plan, subdivision tract map, landscape plan, grading and drainage plan, architecture, and site design features, as analyzed below. Appearance Review According to the applicant, the project has been designed to meet the standards of the Atascadero Municipal Code and the PD -24. Two new residential duplex buildings are proposed on site. The units range from 1,404 square feet to 1,629 square feet with a two car garage located on the ground floor. The buildings are identical to the previously approved residential buildings on the adjacent PD -24 site. Site Plan. Circulation. Parkin The proposed site plan has been integrated into the previously approved PD -24 buildings, site design and landscaping. The project will include street frontage improvements along Principal Avenue and Pino Solo Avenue. The project will take access form a proposed internal street on the adjacent PD -24 site. The project will not access onto Pino Solo Road. All trash storage, recycle storage, and air conditioning units will be screened from view behind fenced or landscaped enclosures. Residences will utilize individual trash and recycle containers, which will be stored within the private garages. ITEM NUMBER: 4 DATE: 5-174)5 Based on parking requirements of the Atascadero Municipal Code, a minimum of 9 spaces is required to be provided on site for the proposed residential use. Residential parking is provided in private 2 -car garages (8 total on-site spaces) and on-site surface parking spaces on the adjacent previously approved PD -24 site which contains 10 spaces more than required by code. The proposed residential parking meets code requirements for multi -family developments. Architecture. Materials, and Color The proposed duplex buildings match the approved PD -24 residential buildings. The buildings have been designed with Spanish Mediterranean style architecture that incorporates elements such as "S" tile roofing, exposed rafter tails, arched porticos and windows, smooth troweled stucco, accent shutters, and decorative iron elements. Minor ITEM NUMBER: 4 DATE: 5-174).5 conditions of approval have been included regarding the exterior material finish (smooth plaster siding, architectural grade garage doors) (Conditions CUP 7). The duplex buildings include accent shutters on select second floor windows and covered entry porches in addition to materials and colors consistent with the architectural theme applied throughout the project. Each unit includes a private patio and yard area. Staff has conditioned that private yard fencing adjacent to the shared accessway be transparent in nature or incorporate low stucco walls consistent with the architectural styles of the buildings (Condition CUP 10). The applicant has included a color and material board illustrating color and material schemes. Refer to CUP Exhibit F for details. Landscape Design The preliminary landscape plan has been designed to match the landscaping approved for PD -24. Proposed landscaping includes street trees, native shrubs and accent plants. Pedestrian pathways and sidewalks are proposed to connect to the PD -24 residential units, common open space areas, and commercial uses. In staff's opinion, the proposed landscape plan and palette, as conditioned, meets the PD -24 appearance review requirements. A row of existing trees exist along the northerly property line (See Photo below). These trees provide additional buffering between the proposed project and the existing Pino Solo Avenue neighbor. A condition of approval has been included to retain each of the ITEM NUMBER: 4 DATE: r%-17-nr% trees and set the property line fence back from the property line in order to retain the trees (Condition CUP 10). Circulation A Traffic Impact Study was produced for this project by Orosz Engineering Group, Inc. for the approved PD -24 project and associated environmental analysis. No mitigation measures are required beyond the payment of City Traffic Impact Fees. Payment of these fees will mitigate the project's contribution to the necessary build out conditions. Frontage Improvements The project shall provide street frontage improvements along Principal Avenue and Pino Solo Avenue to City standards, including curb, gutter, sidewalks and handicap ramps in conformance with adjoining properties. ITEM NUMBER: 4 DATE: r%-1 7-nr% Site Drainage The project is designed to connect to the previously approved PD -24 site drainage. The increase in onsite flow due to the construction of impervious surfaces will be mitigated with underground storage facilities on the PD -24 site. 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. The PD -24 basins will also act as a natural filter to clean the silts and pollution out of the storm water. Site Grading The project site will be graded to a lower elevation than existing Pino Solo Avenue which will require a retaining wall along Pino Solo Avenue within the front landscape setback area. A condition of approval has been included to utilize a high-quality split - face block material for the retaining wall (Condition CUP 10). The lower grade will also provide a lower appearance of the two-story multi -family buildings from Pino Solo Avenue. f wase g ,uuc a orx ro sour rpkm sctnwo awa n -o � n -s s ia*r�e ru mcwx wn sao m SECTION B—B' WESTPAC INVESTMENTS, INC. ATASCADERO MIXED USE TRACT 2738 ATASCADERO, CALIFORNIA Aft PRI40PALAVF PLAN VIEW ITEM NUMBER: 4 DATE: 5-174)5 Wastewater Sanitary sewer will be connected to previously approved PD -24 facilities which will connect to the existing sewer facilities in Gusta Road. The Wastewater Treatment Plant and the City collection system have sufficient capacity to handle the new flow. 4i ihrli\iisinn A condominium map (4 -lot airspace units on one common lot) (TTM 2005-0068) is proposed as part of the project consistent with the proposed Master Plan of Development under the previously approved PD -24 Overlay Zone. The Tract Map has been conditioned by staff and the City Engineer to meet all City standards including on - and off-site street improvements. The applicant will be required to record CC&R's with the map that will include maintenance and access of common areas (Condition CUP 18/TTM 12). Fiscal Impact In 2003, the City of Atascadero hired David Taussig and Associates to prepare a fiscal model to satisfy the General Plan requirement for both the Woodlands (Woodridge) and Dove Creek projects. The model was developed with comprehensive input for the Administrative Services, Public Works, Police and Fire Departments to capture the actual cost of providing maintenance and emergency services to new development. The model analyzed the costs associated with road maintenance, storm drainage maintenance, landscape maintenance, lighting maintenance, open space maintenance, recreational facility maintenance, police emergency services, fire emergency services and community park maintenance. The model results demonstrated that revenue from new residential development including property tax revenues; vehicle licensing fees, sales taxes, and other revenues are insufficient to cover the maintenance and emergency services costs of new development. Based on the revenue projections from the Woodlands project and Dove Creek, the City has developed standard conditions of approval for new development projects that require the cost of maintenance and emergency services to be funded by the project through a combination of road assessment districts, landscape and lighting districts and community facilities districts. The creation of these assessment districts would mitigate any negative fiscal impacts of a project consistent with General Plan Policy 15.3.8. The previously approved PD -24 project (Westpac project) is somewhat different than the Woodlands project regarding the maintenance of on-site roads and common areas. While the Woodlands project will create both road and landscape maintenance districts, Westpac proposes to create a homeowners association (HOA) to fund the maintenance ITEM NUMBER: 4 DATE: 5-17-05 of all on-site facilities. The creation of an HOA has the same effect as the maintenance districts to mitigate maintenance costs. The HOA will not fund emergency service costs related to the project, therefore, the project will be required to participate in the community facilities district (CFD). The CFD will result in an annual property tax levy of $440 per unit to fund additional police and fire personnel beyond the City's current staffing levels. The City has retained the firm of Muni Financial to setup the CFD, road maintenance and landscape and lighting districts that new projects will be annexed into. The formation of these districts is scheduled to be complete in the Fall of 2004. The Westpac property will be required to annex into the CFD prior to recordation of the Final Map. The following conditions of approval are recommended for the Master Plan of Development and Tentative Tract Map to mitigate the fiscal impacts of the project on the City of Atascadero. These conditions are consistent with the previously approved PD - 24 (Westpac) project: Condition CUP 20/TTM 8 The emergency services and facility maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. a) All Atascadero Police Department service costs to the project. b) All Atascadero Fire Department service costs to the project. c) Off-site common City of Atascadero park facilities maintenance service costs related to the project. Condition CUP 21/TTM9 All tract maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. b) All parks, trails, recreational facilities and like facilities. ITEM NUMBER: 4 DATE: 5-17-n5 c) All open space and native tree preservation areas. d) All drainage facilities and detention basins. e) All creeks, flood plains, floodways, wetlands, and riparian habitat areas. f) All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. g) All frontage landscaping and sidewalks along arterial streets. Inclusionary and Workforce Housing The City Council has implemented an interim inclusionary affordable housing program. This interim program requires that the proposed project provide in -lieu fees for the 4 condominium units. A condition of approval has been added to ensure that this requirement is met (Condition CUP 12, 13/TTM 13, 14). General Plan Consistency The proposed project is consistent with the following General Plan Land Use and Housing Element Policies: Land Use Policy 1.1: "Preserve the rural atmosphere of the community and assure "elbow room" in areas designed for lower density development by guiding new development into the Urban Core to conform to the historic Colony land use patterns of the City and to respect the natural environment, hillside area and existing neighborhoods". Land Use Program 1.1.7: "Within the Urban Core encourage infill development or revitalization or reuse of land already committed to urban development where utilities and public services exist. Land Use Policy 2.1: "Ensure that new development is compatible with existing and surrounding neighborhoods". Land Use Policy 2.3: "Incorporate pedestrian and transit oriented design concepts into new residential and commercial development within the Urban Core." Housing Element Policy 1.1: "Encourage steady production of new housing, including mixed-use projects in commercial land use areas, to meet the needs of all household types in the City." ITEM NUMBER: 4 DATE: 5-174)5 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 4 additional residential units integrated into the previously approved PD -24 mixed-use project. As conditioned, the project incorporates elements that are consistent with the scale and character of the surrounding residential neighborhood. Findings Conditional Use Permit (Master Plan of Development) A Master Plan of Development is required for the Planned Development in the form of a Conditional Use Permit. The proposed Master Plan of Development sets development standards related to architectural design, site design, landscape, signage, and specific development standards required by the Zoning Ordinance. The Planning Commission must make the following five findings to recommend approval of the proposed Master Plan of Development: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The use is consistent with the General Commercial designation of the General Plan and General Plan Land Use Element Policy 1.1, 1.1.7, 2.1, 2.3, and Housing Element Policy 1.1. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the Planned Development Ordinance. Staff Comment: As conditioned, the project satisfies all Conditional Use Permit and Planned Development zoning code provisions for a mixed-use development. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment: The proposed mixed-use development will not be detrimental to the general public or working persons health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The project has been designed as an integral phase of the previously approved PD -24 project. The project has been designed to enhance the ITEM NUMBER: 4 DATE: 5-1 7 -ns appearance along Principal Avenue and Pino Solo Avenue with compatible architecture and project landscaping. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: The proposed project and use is consistent with the traffic projections and road improvements anticipated within the General Plan and as proposed by the applicant. Environmental Determination The project is consistent with the Certified Mitigated Negative Declaration 2004-0024 that was approved with the PD -24 project. Conclusion In staff's opinion, completion of the PD -24 project with two residential duplex buildings that are integrated into the previously approved PD -24 project represents consistent and compatible development. The project is consistent with the PD -24 site development standards and with the General Plan, and is compatible with the surrounding land uses. The project incorporates appearance review of architectural design, materials, street trees, and landscaping, as conditioned. Based on staff's analysis in the preceding sections, it appears that all of the required findings for project approval can be made. ALTERNATIVES 1. The Commission may recommend modifications to the project and/or conditions of approval. 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 RMF-10/PD-24 with the approved density of four residential units. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: ATTACHMENTS: Attachment 1: Attachment 2: Attachment 3: Attachment 4: Attachment 5: ITEM NUMBER: 4 DATE: 5-17-05 Steve McHarris, Deputy Community Development Director Location, General Plan, and Zoning Map Site Aerial Certified Mitigated Negative Draft Resolution 2005-0029 Draft Resolution 2005-0030 Declaration and Initial Study ITEM NUMBER: 4 DATE: R_17_nr% Attachment 1: Location Map, General Plan and Zoning .1 SFR -Y RSF-Y SF -Y R -Y MDR -T_ RMF-10/PD-24 Project Site SFR -Y HDR RSF-Y RMF -16 General Plan: MDR (Medium -Density Residential Zoning District: RMF-10/PD-24 (Residential Multi-Family/Planned Development #24) ITEM NUMBER: 4 DATE: 5-17-05 Attachment 2: Site Aerial ITEM NUMBER DATE: 5-17-05 Attachment 3: Certified Mitigated Negative Declaration and Initial Study See Following ITEM NUMBER: 4 DATE: 5-17-05 Exhibit A Certified Mitigated Negative Declaration 2004-0024 CITY OF ATASCADER O PROPOSED MITIGATED NEGATIVE DECLARATION #2004-0024 6905 E2 Camaro ReaL Suite 6 Atasc idem, CA 93422 805.461.5000 Applicant: VkslpacIrvestmem805PuvoxmPlace,Suite =SanlukObspo,Ca.93401 Phate:805.547.5502 project Title: GeneralPlanAmeubiem2003.0008/Zcm Ckeria20030070 /Zore Charge 2004-OD83/Lxte Chan# 2004.0084 /Cordtior t Ike Permit2003.0117 /Tertam TmctMap 2003-0044 prefect 9105PtircipalAce.Atastad O.Ca.93422 Location: APN. 030.491.013, 015, 018 project 7heprcpesedprojectcansistsofanapphuAionforaGaieralPknAmadmet.ZoreChwo. Description: Ter=rreMad MTarudCardboratlkePa=fozacommencalbesidatWmindusedevekpMat locatedana522-ureparcelwithitthe Commercial Retail(CR)zororgdisti:t. A0.78 -acre portion aftte stt akngE2 Camas Realwih"Aiitte CRzxLi:tg 7heremaa>ffg4.44 ureswillrequi e a GeneralPlan Ametdnerdto ECt DastrResidermal(HDR) ands mre dtarge to ResidainalMuli Family(16m,&Am)(RMF-16)w; PaLZ mdDmbpnatOmhyZore. Tiubtisaaessed along Dista Road ard Primipal Amvz. PrTosedbirildiocansi.4efei*2mpincbuildrcgs,eW triphc buoldrcg, are commercialbuiffiiagu dare mixeduse bulling dengtedfor ccaimercmluse antic bwerfbcr andresidertalwe mtly upperfbcr. Fertyfae d vellirgutis total an proposed Sevennatve trees are proposedfaremaa . Gene alPlan DesiguLi n General Commenal (GC ) ZoniigDi&kt: CommerdalFruil(CR) Fi ndi nqs: 1. the project does nothave the potad.Wto degrade the awki nmert. 2. Theprojectwillnotachieveshorttermtotheduadoantageoflongtermeraimnmerdalgoals. 3. 'lite project does nothave impacts which are individually limited but ciumilakely carsiderable. 4. Mu projectwillnotcaauesubstardialadverseeffects cnhumanbeitWeidwdrectlyarind ctly. Determination: Based onthe above fatdatgs, andthe irdoamatiencorrtnaud inthe initialsmd72004.0024 (made aparthereofby referent a and on ftk inthe Community Dew elopmerQ D epartmat) khas been determaud thatthe above projectwill nothave an adverse izopact an the ermu atmentwhenthe followatgproposedm�iga im, measures are =orporated irtothe project (see anaduact). Prepared By: SteveMcJkM3, Degety Cb mmaxity Dewkiymew Director OntaPosted: Tiny21,2004 Public Review lands: August 20.2004 Attachments: Location and Tonatg Map Siu Plan Landscape Plan Proposed Elevaticau Duplex Elev a mr s and Floor plan •hiplex Elevations ad Floorphn Terd"t pact Map Qmdaig Drainage and UalityPlan ATTACHMENT 4: Draft Resolution PC 2005-0029 Approval of Proposed Master Plan of Development DRAFT RESOLUTION PC 2005-0029 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2005-0155 (MASTER PLAN OF DEVELOPEMNT) ON APN 030-491-001 (9300 Pino Solo Avenue / Principal Partners, LP) WHEREAS, an application has been received from Principal Partners, LP (805 Aerovista Place, Suite 202, San Luis Obispo, CA 93401) Applicant and Owner, to consider a project consisting of a Conditional Use Permit (Master Plan of Development) and Vesting Tentative Tract Map on a 0.29 -acre site located at 300 Pino Solo Avenue (APN 030-491-001); and, WHEREAS, the site's General Plan Designation is MDR (Medium -Density Residential); and WHEREAS, the site's Zoning District RMF-10/PD-24 (Retail/Residential Multi-Family- 10/Planned Development Overlay #24); and WHEREAS, the PD -24 requires the adoption of a Master Plan of Development, approved in the form of a Conditional Use Permit; and WHEREAS, the proposed project is consistent with Certified Mitigated Negative Declaration 2004-0024 which included the project site, 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 17, 2005, studied and considered the Conditional Use Permit 2005- 0155 (Master Plan of Development), after first studying and considering the Certified Mitigated Negative Declaration which includes the project site, and NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); 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 17, 2005, resolved to approve Conditional Use Permit 2005-0155 subject to the following: 1. EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program 2. EXHIBIT B: Master Plan of Development 3. EXHIBIT C: Landscape Plan 4. EXHIBIT D: Duplex Elevations and Floor Plan 5. EXHIBIT E: Grading, Drainage, and Utility Plan 6. EXHIBIT F: Color and Materials BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program Conditional Use Permit 2005-0155 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services Conditional Use Permit 2005-0155 License FD: Fire Department GP: Grading Permit PD: Police Department BP: Building Permit CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy 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. The Conditional Use Permit shall be valid only for the described four FM PS multi -family dwelling units. Any expansion of this use shall require a conditional use permit amendment, subject to staff review and Planning Commission approval. 3. The Community Development Department shall have the authority to BP/FM PS, CE approve the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council. 4. Approval of this Conditional Use Permit shall be valid for twenty-four BP/FM PS (24) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 5. The applicant shall defend, indemnify, and hold harmless the City of Ongoing PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 6. All subsequent Tentative Map and construction permits shall be BP/FM PS, CE consistent with the Master Plan of Development contained herein. 7. All exterior elevations, finish materials and colors shall be consistent BP PS with the Master Plan of Development as shown in EXHIBIT D and F with the following modifications: ■ All exterior material finishes (siding, trim, doors, windows, light fixtures, garage doors) shall be durable, high quality, and consistent with the architectural appearance. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services Conditional Use Permit 2005-0155 License FD: Fire Department GP: Grading Permit PD: Police Department BP: Building Permit CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy F0: Final Occupancy ■ Side and rear residential elevations shall match the color, architectural detail, materials, window and door detail, roof eaves, trellis elements, balconettes, iron accents, and shutter accent elements of the proposed front elevations, as conditioned. ■ Any decorative iron accents as shown on the proposed elevations shall be of architectural quality. ■ Residential garages shall incorporate side windows when facing the shared accessway or common areas, subject to staff approval. ■ All trash storage, recycle storage, and air conditioning units shall be screened from view behind architecturally compatible or landscaped enclosures. ■ The garage door styles and materials shall be architectural grade. ■ Any proposed exterior street, pedestrian, or building mounted light fixtures shall be of architectural grade and design and shall be compliment the architectural style, subject to staff approval. • Stucco siding shall be smooth troweled or similar. No machine finishes will be permitted. ■ Tile roofs shall be architectural grade with high definition shingles. 8. All site work, grading, and site improvements shall be consistent with BP/FM PS, BS, CE the Master Plan of Development as shown in EXHIBIT B, C and E. 9. A final landscape and irrigation plan shall be approved prior to the BP PS, BS issuance of building permits and included as part of site improvement plan consistent with EXHIBIT C, and as follows: ■ All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. ■ All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site. ■ Street and open space trees shall be minimum 15 -gallon size and double staked. ■ Additional 24 -inch box size evergreen screen trees shall be incorporated along the north edge of the project and shall be designed to buffer the existing Pino Solo residence. ■ Utilities shall be located to avoid proposed street tree locations. 10. The project fence or wall located along the northerly property line GP/BP PS adjacent to the existing single Family Residence shall be set back from Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services Conditional Use Permit 2005-0155 License FD: Fire Department GP: Grading Permit PD: Police Department BP: Building Permit CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy F0: Final Occupancy the exting row of trees to enable the tree to remain as a landscape buffer between the two properties. All project fencing shall be installed as follows: ■ 4 foot high fencing design shall be modified to be transparent of a wood or metal picket design. ■ All fences shall be setback a minimum of 2 feet from the edge of pavement or sidewalk, subject to staff approval. ■ The retaining wall located within the Pino Solo front yard setback shall be on high-quality split -face concrete block, dark earth -tone color. 11. Final selection of colors and materials identified in EXHIBIT F shall be GP/BP PS subject to staff approval. 12. Affordable Housing Requirement: The applicant shall pay in -lieu fees GP/BP PS, CA for the four residential units per existing City Council Policy. 13. Workforce Housing: Prior to recordation of final map, the applicant shall BP PS, CA enter into a legal agreement with the City to reserve 1/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved; and The City Attorney shall approve the final form of the agreement. 14. The emergency services and facility maintenance costs listed below BP PS shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services Conditional Use Permit 2005-0155 License FD: Fire Department GP: Grading Permit PD: Police Department BP: Building Permit CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy F0: Final Occupancy participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 15. All tract maintenance costs listed below shall be 100% funded by the BP PS project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. b) All parks, trails, recreational facilities and like facilities. c) All open space and native tree preservation areas. d) All drainage facilities and detention basins. e) All creeks, flood plains, floodways, wetlands, and riparian habitat areas. f) All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. g) All frontage landscaping and sidewalks along arterial streets 16. Prior to recordation of final map, the project applicant shall enter into BP PS, BS an agreement with the City of Atascadero to pay any future reimbursement fees associated with off-site circulation improvements made to the Santa Rosa / US 101 interchange and frontage roads. The amount of reimbursement shall be determined by a traffic study that demonstrates a nexus for all parcels included in the reimbursement area. 17. Deed notification shall be applied to each of the new lots, notifying BP PS, BS homeowners that adjacent residential lots may be used for agricultural purposes, including keeping of livestock animals, facilities, and Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services Conditional Use Permit 2005-0155 License FD: Fire Department GP: Grading Permit PD: Police Department BP: Building Permit CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy F0: Final Occupancy equipment. 18. Prior to final map, the applicant shall submit CC&Rs for review and BP PS, BS approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping. b) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. c) Individual unit's responsibility for keeping all trash receptacles within the unit's garage. d) 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. 19. All applicable mitigation measures from Certified Mitigated Negative BP PS, BS Declaration 2004-0024 shall apply to the project. City Engineer Conditions PROJECT SPECIFIC CONDITIONS Drainage: 20. Obtain approval by the City Engineer of the grading & drainage plan and BP, GP CE the storm drain design & facilities. 21. Submit calculations to support the design of any structures or pipes. BP, GP CE Closed conduits shall be designed to convey the 10 -year flow with gravity flow, the 25 -year flow with head, and provide safe conveyance for the 100 year overflow. 22. Provide for the detention of the 50 year developed storm runoff, while BP, GP CE metering out the 2 year undeveloped storm runoff. 23. Show the method of dispersal at all pipe outlets. Include specifications BP, GP CE for size & type. 24. Acquire drainage easements where needed. Drainage shall cross lot BP, GP CE lines only where a drainage easement has been provided. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services Conditional Use Permit 2005-0155 License FD: Fire Department GP: Grading Permit PD: Police Department BP: Building Permit CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy F0: Final Occupancy 25. Concentrated drainage from off-site areas shall be conveyed across the BP, GP CE project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement can not be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. Public Improvements and Maintenance: Pino Solo Road 26. Pino Solo Road shall be improved to City Standard, including curb BP, GP CE gutter and sidewalk, and paveout. Public Improvement plans shall be submitted detailing design. Principal Avenue 27. Principal Avenue shall be improved to City Standard in conformance BP, GP CE with those approved in Tentative Tract Map 2003-0044. Other Improvements FM CE 28. The applicant must provide for the repair and maintenance of on-site shared improvements. This includes roads, sidewalks, street trees, streetlights, private sewer system, drainage facilities, recreation areas and common landscaping. The two methods that may be used are: a. Homeowners Association. This private organization would be responsible for the maintenance, repair and replacement of the facilities. b. Assessment District and Landscape and Lighting District. Funds for the maintenance, repair and replacement of the facilities would be collected on the property tax bill and distributed to the City. The City Engineer and City Attorney shall approve the final form prior to recordation. 29. All public improvements shall be constructed in conformance with the BP, GP CE City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 30. Prior to issuance of building permits, the applicant shall submit a grading BP, GP CE and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. SANITARY SEWER CONDITIONS Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services Conditional Use Permit 2005-0155 License FD: Fire Department GP: Grading Permit PD: Police Department BP: Building Permit CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy F0: Final Occupancy 31. The Public Works Department shall approve all wastewater facilities BP, GP WW prior to construction. This includes pumps, force mains, cleanouts, manholes and connections. 32. Applicant shall pay sewer extension (annexation) fees upon issuance of BP, GP WW building permit. Sewer Connection and Reimbursement fees shall be payable upon actual connection of the building sewer to the public sewer system. 33. Gravity mains and other sewer facilities within the subdivision shall be BP, GP WW privately owned and maintained. 34. Gravity mains within the subdivision shall be eight (8) inches in BP, GP WW diameter. STANDARD CONDITIONS 35. All public improvements shall be constructed in conformance with the BP, GP CE City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 36. In the event that the applicant is allowed to bond for the public FM CE improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 37. An engineer's estimate of probable cost shall be submitted for review FM CE and approval by the City Engineer to determine the amount of the bond. 38. The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map. 39. The applicant shall be responsible for the relocation and/or alteration of BP, GP CE existing utilities. 40. The applicant shall install all new utilities (water, gas, electric, cable TV BP, GP CE and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 41. The applicant shall monument all property corners for construction FM CE control and shall promptly replace them if disturbed. 42. The applicant shall acquire title interest in any off-site land that may be FM CE required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 43. Slope easements shall be provided as needed to accommodate cut of FM CE Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services Conditional Use Permit 2005-0155 License FD: Fire Department GP: Grading Permit PD: Police Department BP: Building Permit CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy F0: Final Occupancy fill slopes. 44. Drainage easements shall be provided as needed to accommodate both FM CE public and private drainage facilities. 45. The final map shall be signed by the City Engineer prior to the map FM CE being placed on the agenda for City Council acceptance. 46. Prior to recording the tract map, the applicant shall submit a map drawn FM CE in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 47. Prior to recording the tract map, the applicant shall set monuments at all FM CE new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 48. Prior to recording the tract map, the applicant shall pay all outstanding plan check/inspection fees. 49. Prior to recording the map, the applicant shall complete all FM CE improvements required by these conditions of approval 50. Prior to recording the tract map, the applicant shall have the map FM CE reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the map. 51. Upon recording the final map, the applicant shall provide the City with a FM CE black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 52. Prior to the final inspection of any public improvements, the applicant FM CE shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 53. Prior to the final inspection, the applicant shall submit a written BP, GP CE certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 54. An encroachment permit shall be obtained prior to any work within City BP, GP CE rights of way. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services Conditional Use Permit 2005-0155 License FD: Fire Department GP: Grading Permit PD: Police Department BP: Building Permit CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy F0: Final Occupancy 55. Prior to the issuance of building permits the applicant shall submit a BP, GP CE grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. Atascadero Mutual Water Company GP, BP CE 56. Before the issuance of building permits, the applicant shall submit plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross - connection devices shall conform to AWWA and California Department of Health Services standards. 57. Before the start of construction on the water system improvements, GP, BP CE 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 GP, BP CE Serve" letter from AMWC. 59. The water mains required to serve the project shall be laid out in a GP, BP CE grid or looped pattern and shall connect to the existing water mains system in Principal Ave. (6" main). and Gusta Lane (6" main), as part of Master Plan for GPA 2003-0008). 60. The applicant shall provide AMWC with easements for those water GP, BP CE facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 61. The applicant shall submit a hydraulic analysis with the first plan GP, BP CE check submittal 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) GP, BP CE from AMWC for the common areas within the project, as part of Master Plan for GPA 2003-0008. 63. Landscaping for the common areas shall be drought -tolerant. Before GP, BP CE construction of the water system improvements, AMWC shall review Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services Conditional Use Permit 2005-0155 License FD: Fire Department GP: Grading Permit PD: Police Department BP: Building Permit CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy F0: Final Occupancy and approve the landscape plans for the common areas within the project. The landscape plan submittal shall incorporate the following: (per, GPA 2003-0008) • Plant list w/ Water Use Classification of Landscape Species (WUCOLS) rating specified. Preference shall be given to plants with very low (VL) and low (L) WUCOLS ratings. • Justification for use of plants with WUCOLS rating of M or greater. • Total landscaped area including hardscapes (patios, walks & decks) and planted areas and excluding sidewalks, driveways, streets or parking. • The size and shape of turf areas shall promote for efficient irrigation shall be no less than 8 -feet wide. Turf type shall be warm -season grasses. Turf areas shall be kept to a minimum and shall be limited to functional areas only. A goal of the landscape design should be a total turf area of no more than 10% of the total landscaped area. 64. Before construction of the water system improvements, AMWC shall GP, BP CE review and approve the irrigation plans for the common areas within the project. The irrigation plan submittal shall include the following: (Per, GPA2003-0008) ■ 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 Mitigation Measure 1.c.1: The following landscape mitigations shall apply: BP BS, PS, CE 1.C.1 ■ Fencing shall be complimentary in color and material to the proposed architectural theme. No fencing greater than 3 feet in height shall be located within the 10 -foot setback area along the street frontage. ■ The project landscaping shall include trees along Principal and EI Camino Real street frontages. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services Conditional Use Permit 2005-0155 License FD: Fire Department GP: Grading Permit PD: Police Department BP: Building Permit CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy F0: Final Occupancy ■ All proposed trees shall be shade trees of 15 -gallon size and shall be double staked. Mitigation Measure 1.c.2: The proposed buildings shall include the use of Bp BS, PS, CE 1.c.2 paint and roof colors consistent with the selected architectural style and designed to compliment the existing commercial and residential setting. Mitigation Measure 1.d.1: If exterior parking lot lighting is proposed, it shall BP BS, PS, CE 1.d.1 be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminary pole height shall not exceed 14 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the site. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. Mitigation Measure 3.15.1: The project shall be conditioned to comply with BP, GP BS, PS, CE 3.b.1 all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. ■ Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services Conditional Use Permit 2005-0155 License FD: Fire Department GP: Grading Permit PD: Police Department BP: Building Permit CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy F0: Final Occupancy frequency will be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas shall be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas designated for reworking on dates greater than one month after initial grading shall 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 shall 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 shall 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. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 6.b.1: The grading permit application plans shall include GP PS, BS, CE 6.b.1 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.1: A soils report shall be required to be submitted BP, GP PS, BS, CE 6.0 with a future building permit by the building department. Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that GP PS, BS, CE 8.0.1 all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Conditions of Approval / Mitigation Monitoring Program Conditional Use Permit 2005-0155 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Mitigation Measure 9.b.1: The commercial property directly adjacent to CUP/GPA PS 9.b.1 the project site shall be included in the proposed General Plan Amendment and Zone Change and shall be designated as Medium Density Residential with a corresponding Residential Multi -Family -10 zoning designation to ensure consistency with the surrounding neighborhood and with the proposed project. The proposed Planned Development Overlay District #24 shall be extended to include this parcel. Any future development shall conform to the Multy-Family-10 development standards including density and shall conform to the standards set forth in the proposed Planned Development #24 overlay zone. Any future development proposal shall require an amendment to the master plan of development (CUP Amendment) subject to Planning Commission review and City Council approval. Mitigation Measure 11.d.1: All construction activities shall comply with the BP, GP PS, BS, CE 11.d.1 City of Atascadero Noise Ordinance for hours of operation, and as follows: Construction activities shall be limited to the following hours of operation: 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors may modify the hours of construction. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the 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. Staff shall approve the details of such a sign during the Grading Plan/Building Permit review process. Conditions of Approval / Mitigation Monitoring Program Conditional Use Permit 2005-0155 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Mitigation Measure 13.1: Project Road and Landscape Maintenance and BP, GP PS, BS, CE 13.1 Emergency Services Funding: The emergency services and road maintenance costs of the project shall be 100% funded by the project in perpetuity. The service and maintenance cost may be funded through a benefit assessment district or other mechanism established by the developer subject to City approval. The funding mechanism must be in place prior to or concurrently with acceptance of the any final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds and the coordination and performance of maintenance activities shall be by the City. a) All Atascadero Police Department service costs to the project. b) All Atascadero Fire Department service costs to the project. c) All streets, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. d) All parks, trails, recreational facilities and like facilities. e) All open space and native tree preservation areas. f) All drainage facilities and detention basins. g) All common landscaping areas, street trees, medians, parkway planters, manufacture slopes outside private yards, and other similar facilities. EXHIBIT B: Master Plan of Development PLANT LEGEND ,"APAAT c ci ENLAJVAV.WC 4 OVERALL SITE PLAN CONCEPT NOTES EXHIBIT C: Landscape Plan I ENLARGEMENT r., •: r m I It .,` �, *_` /;_M1. � � .'' j OVERBITE PLAN PLANT LEGeNo B•�erNg�'ge, toe' q ••• Yc�ITM, ro >�n•en� Y <evc q cemwir ��:ww uw a•n.cu :ONC0DT NOTES arr.nrx wr ocr:.e•:*�ca�.*sas*r � n. . u. • r.w �.�.. r m., Wim. EXHIBIT D: Duplex Elevations and Floor Plan EXHIBIT E: Grading, Drainage, and Utility Plan FT PP44CPALAVOOLE POOSMOAVEKE EXHIBIT F: Color and Materials ROOF #1 ROOF #2 ROOF #3 Y #2 BODY #3 1VODY ACCENT #1 ACCENT #2 DECORATIVE METAL EL CAM/NO & PR/NC/PAL ATASCADERO, CALIFORNIA 9/24/03 2003075.00 CONCEP WAL COLOR AND MA TER/ALS WESTPAC INVESTMENTS WILLIAM HEZMALHALCH ARCHITECTS INC. (�5 2003 **See project file for colors** ATTACHMENT 9: Draft Resolution PC 2005-0030 Approval of Proposed Vesting Tentative Tract Map DRAFT RESOLUTION PC 2005-0030 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE VESTING TENTATIVE TRACT MAP 2005-0068, A FOUR AIRSPACE UNIT SUBDIVISION CONSISTENT WITH A MASTER PLAN OF DEVELOPMENT ON APN 030-491-001 (9300 Pino Solo Avenue/Principal Partners, LP) WHEREAS, an application has been received from Principal Partners, LP (805 Aerovista Place, Suite 202, San Luis Obispo, CA 93401) Applicant and Owner, to consider a project consisting of a Conditional Use Permit (Master Plan of Development) and Vesting Tentative Tract Map on a 0.29 -acre site located at 300 Pino Solo Avenue (APN 030-491-001); and, WHEREAS, the site's General Plan Designation is MDR (Medium -Density Residential); and WHEREAS, the site's Zoning District RMF-10/PD-24 (Retail/Residential Multi-Family- 10/Planned Development Overlay #24); and WHEREAS, the PD -24 requires the adoption of a Master Plan of Development, approved in the form of a Conditional Use Permit; and WHEREAS, the proposed project is consistent with Certified Mitigated Negative Declaration 2004-0024 which included the project site, 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 17, 2005, studied and considered the Conditional Use Permit 2005- 0155 (Master Plan of Development), after first studying and considering the Certified Mitigated Negative Declaration which includes the project site, and NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Approval for Vesting Tentative Tract Map, the Planning Commission of the City of Atascadero finds as follows: The proposed subdivision, design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements, including provisions of the PD -24 overlay district. 2. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District #24 Master Plan of Development (CUP 2004-0117). 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. Covenants, Conditions and Restrictions (CC&R's) or equivalent shall be required that incorporate the Master Plan of Development conditions of approval to ensure that the site retains the proposed qualities (architecture, colors, materials, plan amenities, fencing, and landscaping) over time. 8. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on September 21, 2004, resolved to recommend that the City Council approve Vesting Tentative Tract Map (TTM 2003-0044) subject to the following: 1. Exhibit A: Vesting Tentative Tract Map 2003-0044. 2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Vesting Tentative Tract Map 2005-0068 Exhibit B: Conditions of Approval / Mitigation Monitoring Program Tentative Tract Map 2005-0068 Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y /Monitoring Measure GP: Grading Permit PS: Planning Services 9300 Pino Solo BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2005-0068 TO: Temporary occupancy WW: Wastewater CA: City Attorney Fl: Final inspection AMWC: Water Comp. F0: Final Occupancy 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 9300 Pino Solo Avenue (APN 030491-001) regardless of owner. 5. The Final Map shall be drawn in substantial conformance with the FM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 6. The subdivider shall defend, indemnify, and hold harmless the City of FM PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 7. The Tract Map shall be subject to additional fees for park or recreation FM PS purposes (QUIMBY Act) as required by City Ordinance. 8. The emergency services and facility maintenance costs listed below 13P PS shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y /Monitoring Measure GP: Grading Permit PS: Planning Services 9300 Pino Solo BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map FMImprovement Final M PPlans PD:PoyEnggineerce Department CE: Cit Engineer TTM 2005-0068 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy reasonably required by the City with regard to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 9. All tract maintenance costs listed below shall be 100% funded by the BP PS project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. ■ All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. ■ All parks, trails, recreational facilities and like facilities. ■ All open space and native tree preservation areas. ■ All drainage facilities and detention basins. ■ All creeks, flood plains, floodways, wetlands, and riparian habitat areas. ■ All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. ■ All frontage landscaping and sidewalks along arterial streets 10. Prior to recordation of final map, the project applicant shall enter into BP PS an agreement with the City of Atascadero to pay any future reimbursement fees associated with off-site circulation improvements made to the Santa Rosa / US 101 interchange and frontage roads. The amount of reimbursement shall be determined by a traffic study that demonstrates a nexus for all parcels included in the reimbursement area. 11. Deed notification shall be applied to each of the new lots, notifying BP PS homeowners that adjacent residential lots may be used for agricultural purposes, including keeping of livestock animals, facilities, and Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y /Monitoring Measure GP: Grading Permit PS: Planning Services 9300 Pino Solo BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map FMImprovement Final M PPlans PD:PoyEnggineerce Department CE: Cit Engineer TTM 2005-0068 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy equipment. 12. Prior to final map, the applicant shall submit CC&Rs for review and BP PS approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping. b) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. c) Individual unit's responsibility for keeping all trash receptacles within the unit's garage. d) 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. 13. Workforce Housing: Prior to recordation of final map, the applicant shall BP PS, CA enter into a legal agreement with the City to reserve % of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved; and The City Attorney shall approve the final form of the agreement. 14. Affordable Housing Requirement: The applicant shall pay in; -lieu fees GP/BP PS,CA per existing City Council Policy Fire Marshal 15. FM PS, CE 16. FM CE Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y /Monitoring Measure GP: Grading Permit PS: Planning Services 9300 Pino Solo BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map FMImprovement Final M PPlans PD:PoyEnggineerce Department CE: Cit Engineer TTM 2005-0068 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 17. FM CE City Engineer Conditions PROJECT SPECIFIC CONDITIONS Drainage: 65. Obtain approval by the City Engineer of the grading & drainage plan and BP, GP CE the storm drain design & facilities. 66. Submit calculations to support the design of any structures or pipes. BP, GP CE Closed conduits shall be designed to convey the 10 -year flow with gravity flow, the 25 -year flow with head, and provide safe conveyance for the 100 year overflow. 67. Provide for the detention of the 50 year developed storm runoff, while BP, GP CE metering out the 2 year undeveloped storm runoff. 68. Show the method of dispersal at all pipe outlets. Include specifications BP, GP CE for size & type. 69. Acquire drainage easements where needed. Drainage shall cross lot BP, GP CE lines only where a drainage easement has been provided. 70. Concentrated drainage from off-site areas shall be conveyed across the BP, GP CE project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement can not be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. Public Improvements and Maintenance: Pino Solo Road 71. Pino Solo Road shall be improved to City Standard, including curb BP, GP CE gutter and sidewalk, and paveout. Public Improvement plans shall be submitted detailing design. Principal Avenue 72. Principal Avenue shall be improved to City Standard in conformance BP, GP CE with those approved in Tentative Tract Map 2003-0044. Other Improvements Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y /Monitoring Measure GP: Grading Permit PS: Planning Services 9300 Pino Solo BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map FMImprovement Final M PPlans PD:PoyEnggineerce Department CE: Cit Engineer TTM 2005-0068 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy FM CE 73. The applicant must provide for the repair and maintenance of on-site shared improvements. This includes roads, sidewalks, street trees, streetlights, private sewer system, drainage facilities, recreation areas and common landscaping. The two methods that may be used are: a. Homeowners Association. This private organization would be responsible for the maintenance, repair and replacement of the facilities. b. Assessment District and Landscape and Lighting District. Funds for the maintenance, repair and replacement of the facilities would be collected on the property tax bill and distributed to the City. The City Engineer and City Attorney shall approve the final form prior to recordation. 74. All public improvements shall be constructed in conformance with the BP, GP CE City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 75. Prior to issuance of building permits, the applicant shall submit a BP, GP CE grading and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. SANITARY SEWER CONDITIONS 76. The Public Works Department shall approve all wastewater facilities BP, GP WW prior to construction. This includes pumps, force mains, cleanouts, manholes and connections. 77. Applicant shall pay sewer extension (annexation) fees upon issuance of BP, GP WW building permit. Sewer Connection and Reimbursement fees shall be payable upon actual connection of the building sewer to the public sewer system. 78. Gravity mains and other sewer facilities within the subdivision shall be BP, GP WW privately owned and maintained. 79. Gravity mains within the subdivision shall be eight (8) inches in BP, GP WW diameter. STANDARD CONDITIONS 80. All public improvements shall be constructed in conformance with the BP, GP CE City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y /Monitoring Measure GP: Grading Permit PS: Planning Services 9300 Pino Solo BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map FMImprovement Final M PPlans PD:PoyEnggineerce Department CE: Cit Engineer TTM 2005-0068 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 81. In the event that the applicant is allowed to bond for the public FM CE improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 82. An engineer's estimate of probable cost shall be submitted for review FM CE and approval by the City Engineer to determine the amount of the bond. 83. The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map. 84. The applicant shall be responsible for the relocation and/or alteration of BP, GP CE existing utilities. 85. The applicant shall install all new utilities (water, gas, electric, cable TV BP, GP CE and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 86. The applicant shall monument all property corners for construction FM CE control and shall promptly replace them if disturbed. 87. The applicant shall acquire title interest in any off-site land that may be FM CE required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 88. Slope easements shall be provided as needed to accommodate cut of FM CE fill slopes. 89. Drainage easements shall be provided as needed to accommodate both FM CE public and private drainage facilities. 90. The final map shall be signed by the City Engineer prior to the map FM CE being placed on the agenda for City Council acceptance. 91. Prior to recording the tract map, the applicant shall submit a map drawn FM CE in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 92. Prior to recording the tract map, the applicant shall set monuments at all FM CE new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 93. Prior to recording the tract map, the applicant shall pay all outstanding Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y /Monitoring Measure GP: Grading Permit PS: Planning Services 9300 Pino Solo BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map FMImprovement Final M PPlans PD:PoyEnggineerce Department CE: Cit Engineer TTM 2005-0068 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy plan check/inspection fees. 94. Prior to recording the map, the applicant shall complete all FM CE improvements required by these conditions of approval 95. Prior to recording the tract map, the applicant shall have the map FM CE reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the map. 96. Upon recording the final map, the applicant shall provide the City with a FM CE black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 97. Prior to the final inspection of any public improvements, the applicant FM CE shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 98. Prior to the final inspection, the applicant shall submit a written BP, GP CE certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 99. An encroachment permit shall be obtained prior to any work within City BP, GP CE rights of way. 100. Prior to the issuance of building permits the applicant shall submit a BP, GP CE grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. Atascadero Mutual Water Company 18. Before the recording of the Final Map, the applicant shall submit GP, BP CE plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross - connection devices shall conform to AWWA and California Department of Health Services standards. 19. Before recording of the Final Map, the applicant shall pay all GP, BP CE installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y /Monitoring Measure GP: Grading Permit PS: Planning Services 9300 Pino Solo BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map FMImprovement Final M PPlans PD:PoyEnggineerce Department CE: Cit Engineer TTM 2005-0068 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 20. Before issuance of building permits, the applicant shall obtain a "Will GP, BP CE Serve" letter from AMWC for the newly created lots within the subdivision. 21. The water mains required to serve the project shall be laid out in a GP, BP CE grid or looped pattern and shall connect to the existing water mains system in Principal Ave. (6" main). and Gusta Lane (6" main), as part of Master Plan for GPA 2003-0008). 22. The applicant shall provide AMWC with easements for those water GP, BP CE facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 23. The applicant shall submit a hydraulic analysis with the first plan GP, BP CE check submittal of the water system improvements for the project, Per GPA 2003-0008. 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. GP, BP CE 24. The applicant shall obtain a separate landscape -irrigation meter(s) from AMWC for the common areas within the project, as part of Master Plan for GPA 2003-0008 25. Landscaping for the common areas shall be drought -tolerant. Before GP, BP CE construction of the water system improvements, AMWC shall review and approve the landscape plans for the common areas within the project. (per GPA 2003-0008). Mitigation Measures Mitigation Measure 1.c.1: The following landscape mitigations shall apply: BP BS, PS, CE 1.c.1 ■ Fencing shall be complimentary in color and material to the proposed architectural theme. No fencing greater than 3 feet in height shall be located within the 10 -foot setback area along the street frontage. ■ The project landscaping shall include trees along Principal and EI Camino Real street frontages. ■ All proposed trees shall be shade trees of 15 -gallon size and shall be double staked. Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y /Monitoring Measure GP: Grading Permit PS: Planning Services 9300 Pino Solo BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map FMImprovement Final M PPlans PD:PoyEnggineerce Department CE: Cit Engineer TTM 2005-0068 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Mitigation Measure 1.c.2: The proposed buildings shall include the use of BP BS, PS, CE 1.c.2 paint and roof colors consistent with the selected architectural style and designed to compliment the existing commercial and residential setting. Mitigation Measure 1.d.1: If exterior parking lot lighting is proposed, it shall BP BS, PS, CE 1.d.1 be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminary pole height shall not exceed 14 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the site. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP, GP BS, PS, CE 3.16.1 applicable District regulations pertaining to the control of fugitive dust (PM - 10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. ■ Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency will be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas shall be sprayed daily as needed. D. Permanent dust control measures identified in the approved project Conditions of Approval / Timing Responsibilit Mitigation Mitigation Monitoring Program y /Monitoring Measure GP: Grading Permit PS: Planning Services 9300 Pino Solo BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map FMImprovement Final M PPlans PD:PoyEnggineerce Department CE: Cit Engineer TTM 2005-0068 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy re -vegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas designated for reworking on dates greater than one month after initial grading shall 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 shall 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 shall 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. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 6.b.1: The grading permit application plans shall include GP PS, BS, CE 6.b.1 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.1: A soils report shall be required to be submitted BP, GP PS, BS, CE 6.c.1 with a future building permit by the building department. Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that GP PS, BS, CE 8.e.f.1 all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Conditions of Approval / Mitigation Monitoring Program 9300 Pino Solo Vesting Tentative Tract Map TTM 2005-0068 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision FMImprovement Final M PPlans TO: Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsibilit y /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD:PoyEnggineerce Department CE: Cit Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 9.b.1: The commercial property directly adjacent to CUP/GPA PS 9.b.1 the project site shall be included in the proposed General Plan Amendment and Zone Change and shall be designated as Medium Density Residential with a corresponding Residential Multi -Family -10 zoning designation to ensure consistency with the surrounding neighborhood and with the proposed project. The proposed Planned Development Overlay District #24 shall be extended to include this parcel. Any future development shall conform to the Multy-Family-10 development standards including density and shall conform to the standards set forth in the proposed Planned Development #24 overlay zone. Any future development proposal shall require an amendment to the master plan of development (CUP Amendment) subject to Planning Commission review and City Council approval. Mitigation Measure 11.d.1: All construction activities shall comply with the BP, GP PS, BS, CE 11.d.1 City of Atascadero Noise Ordinance for hours of operation, and as follows: Construction activities shall be limited to the following hours of operation: 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors may modify the hours of construction. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the 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. Staff shall approve the details of such a sign during the Grading Plan/Building Permit review process. Conditions of Approval / Mitigation Monitoring Program 9300 Pino Solo Vesting Tentative Tract Map TTM 2005-0068 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision FMImprovement Final M PPlans TO: Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsibilit y /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD:PoyEnggineerce Department CE: Cit Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 13.1: Project Road and Landscape Maintenance and BP, GP PS, BS, CE 13.1 Emergency Services Funding: The emergency services and road maintenance costs of the project shall be 100% funded by the project in perpetuity. The service and maintenance cost may be funded through a benefit assessment district or other mechanism established by the developer subject to City approval. The funding mechanism must be in place prior to or concurrently with acceptance of the any final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds and the coordination and performance of maintenance activities shall be by the City a) All Atascadero Police Department service costs to the project. b) All Atascadero Fire Department service costs to the project. c) All streets, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. d) All parks, trails, recreational facilities and like facilities. e) All open space and native tree preservation areas. h) All drainage facilities and detention basins. i) All common landscaping areas, street trees, medians, parkway planters, manufacture slopes outside private yards, and other similar facilities. \\Cityhall\cdvlpmnt\- CUP - Conditional Use Permits\CUP 05\CUP 2005-0155 9300 Pino Solo-Principal\CUP 2003-0155.PC-SR.5-17-05.doc