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HomeMy WebLinkAboutPC_2005-06-21_AgendaPacketCALL TO ORDER CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting June 21, 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 Patel PLANNING COMMISSION BUSINESS 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 JUNE 7, 2005. City of Atascadero Planning Commission Agenda COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS Regular Meeting June 21, 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 2004-0125 AMENDMENT Applicant: Atascadero Mutual Water Co., 5005 El Camino Real, Atascadero, CA 93422 Project Title: Conditional Use Permit 2004-0125 Amendment Project 14595 El Monte Road, Atascadero, CA 93422 Location: APN 050-361-005 Project An amendment to the Conditional Use Permit requesting the withdrawal of condition #8, Description: which states: "The Atascadero Mutual Water Company shall provide a minimum water pressure of 45 PSI to 14555 El Monte Road..." General Plan Designation: RS Zoning District: SE Proposed Zoning District: RMF -10 Environmental Consistent with the Certified Mitigated Negative Declaration 2004-0017 Determination: Development Projects. 3. CONDITIONAL USE PERMIT 2005-0151 Applicant: Terry Otis, 6480 Alta Pradera, Atascadero, CA 93422 Project Title: Conditional Use Permit 2005-0151 Project 7685 Navajoa Ave, Atascadero, CA 93422 Location: APN 031-153-014 Project A request for a density bonus to allow the construction of one additional unit on a multi - Description: family site in accordance with the State Density Bonus program. The site density currently allows for the construction of 3 units. The applicant is requesting that the State Density Bonus allowance of 35% be granted to allow a total of 4 units on the project site. General Plan Designation: MDR Zoning District: RMF -10 Proposed The project qualifies for a Categorical Exemption per CEQA Section 15332: In -fill Environmental Development Projects. Determination: City of Atascadero Planning Commission Agenda 4. TENTATIVE TRACT MAP 2005-0069 Regular Meeting June 21, 2005 Page 3 of 4 Owner: Levon Investments, 200 E. Carillo St. Ste. 200, Santa Barbara, CA 93101 Applicant: Kelly Gearhart, 6205 Alcantara Ave., Atascadero, CA 93422 Project Title: Tentative Tract Map 2005-0069 Project 2000-2300 El Camino Real (Factory Outlets) Location: APN 049-141-056 Project A request to convert approximately 89,000 square feet of existing commercial buildings to Description: condominiums. All public facilities are in place and new construction is not proposed at this time. General Plan Designation: CPK Zoning District: CPK Proposed The project qualifies for a Categorical Exemption per CEQA Section 15301: Existing Environmental Facilities. Determination: COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The Planning Commission on July 5, 2005, has been cancelled. The next regular meeting of the Planning Commission will be on July 19, 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. 6-21-05.word.am.doc City of Atascadero Planning Commission Agenda Regular Meeting June 21, 2005 Page 4 of 4 City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMKISSION 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. 6-7-05.word.am.doc CALL TO ORDER ITEM NUMBER: 1 DATE: 6-21-05 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting June 7, 2005 — 7:00 P.M. Chairperson Porter called the meeting to order at 7:00 p.m. and Commissioner Fonzi led the Pledge of Allegiance. Rr)l I rAl I Present: Commissioners Fonzi, Jones, Kelley, O'Keefe, Beraud and Chairperson Porter. Absent: Commissioner Patel 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, Assistant Planner Lisa Wilkinson and Recording Secretary Grace Pucci. PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA MOTION: By Vice Chairperson Beraud and seconded by Commissioner Kelley to approve the agenda. Motion passed 6:0 by a roll -call vote. PUBLIC COMMENT PC Draft Minutes 06/07/05 Page 1 of 6 Eric Greening stated it would be helpful to have a clear definition of what is considered the downtown area. He suggested a study session or a handout clarifying the boundaries of the area covered by the downtown master plan. Joanne Main reminded those present that Tuesday Night's in the Park begin next week. Season passes are available at the Chamber of Commerce until Tuesday night. Chairperson Porter closed the Public Comment period. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON MAY 17, 2005. MOTION: By Commissioner O'Keefe and seconded by Commissioner Fonzi to approve Item #1. Motion passed 6:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 2. TREE REMOVAL PERMIT 2005-0071 Applicant Cori Flickinger, 7459 Valle Ave., Atascadero, CA 93422 Project Title Tree Removal Permit 2005-0071 Project Location 9096 La Canada Road, Atascadero, CA 93422 APN 050-021-041 Project Description A request to remove fourteen (14) native Live Oak trees, two of which are over 24" in diameter at breast height (dbh) for the development of a single family residence. Assistant Planner Lisa Wilkinson gave the staff report and answered questions of the Commission. PUBLIC COMMENT Chip Tamagni, applicant's arborist, spoke about tree protection for the project and answered questions of the Commission. He requested that it be required for the grading contractor and his operators to be present at the pre -construction meeting so that he can go over the mitigations and when the arborist must be called. Mark Davis, applicant's engineer, answered questions of the Commission. PC Draft Minutes 06/07/05 Page 2 of 6 Chairperson Porter closed the Public Comment period. Commissioner O'Keefe expressed concern regarding tree #31 in which it appears over 50% of the canopy had been pruned back. MOTION: By Commissioner Kelley and seconded by Commissioner O'Keefe to adopt Resolution PC 2005-0037 to approve the request to remove fourteen (14) native trees subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance, with the addition of the following conditions; that there will be an additional fee of $150 to the mitigation fee for tree #31 that was over -pruned, that air spading will be used for the trees identified by the arborist as needing it, and that a pre construction meeting will be required. Motion passed 6:0 by a roll -call vote. PUBLIC HEARINGS 3. CONDITIONAL USE PERMIT 2003-0089/TENTATIVE TRACT MAP 2004- 0050 Applicant: Kelly Gearhart, 6205 Alcantara Ave., Atascadero, CA 93422, Phone: 461-7504 Project Title: Conditional Use Permit 2003-0089, Tentative Tract Map 2004-0500 Project Curbaril Ave. Atascadero, CA 93422 Location: APN 031-161-024 Project The project consists of a Master Plan of Development for a 9 building commercial office Description: center and associated 9 -lot Tentative Tract Map. The project site currently consists of 2 parcels, one of which is vacant. Two driveways located off of Curbaril Avenue will serve the proposed project. The project includes full frontage improvements along Highway 41 (Morro Rd). 8 native trees are proposed for removal. General Plan Designation: General Commercial Zoning District: Commercial Retail / PD 3 Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The proposed Negative Declaration is available for public review at 6905 El Determination: Camino Real, Suite 6, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PC Draft Minutes 06/07/05 Page 3 of 6 PUBLIC COMMENT Kelly Gearhart, applicant, spoke about the project and answered questions of the Commission. Chip Tamagni, arborist, 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 2005-0010 certifying Proposed Mitigated Negative Declaration 2004-0054; and, adopt Resolution PC 2005-0011 approving Conditional Use Permit 2003-0089 and including the removal of 10 native oak trees, subject to conditions of approval and mitigation monitoring, and; adopt Resolution PC 2005-0012 approving Tentative Tract map 2004-0050, subject to conditions of approval and mitigation monitoring. Motion passed 4:2 by a roll -call vote. (O'Keefe, Beraud opposed) Commissioner O'Keefe stated for the record that she voted against the motion because no landscape plan was provided and no effort was made to save any of the native trees. Vice Chairperson Beraud stated that she voted against the motion because out of the 10 trees she believes that at least one tree could have been saved. COMMISSIONER COMMENTS AND REPORTS Vice Chairperson Beraud spoke about ex parte communications and suggested that their disclosure be part of the public hearing process as it is important to be forthright with the public when a Commissioner has met with an applicant. Chairperson Porter thanked Commissioner Jones for the invitation to the Economic Forecast he sent to all the Commissioners. DIRECTOR'S REPORT 4. CONDITIONAL USE PERMIT 2004-0144, EL CAMINO REAL LUBE & GO WITH CAR WASH REVIEW REVISED PLANS. PC Draft Minutes 06/07/05 Page 4 of 6 Deputy Community Development Director Steve McHarris gave the staff report and answered questions of the Commission. A memorandum with updated exhibits for this project was distributed to the Commission. (Exhibit A) Commissioner comments were as follows: Commissioner Jones stated he was pleased with the plans and that this is a major improvement. Vice Chairperson Beraud indicated she was pleased with the changes and that staff was able to work with the applicant. She stated that the reason this came back for discussion tonight was that the appeals she and a Council Member had filed were withdrawn because some major redesign work was done, and now this is a much better project with better flow, landscaping and color scheme. Commissioner O'Keefe clarified that the applicant was more than willing to work with the city staff. She commented that she was happy that access in the back was reopened to the applicant, and commended staff for working with the applicant to come up with a very nice design. Commissioner Kelley commended the applicants for sticking with the project, the Commission for doing what they felt was right, and the staff for working with everyone to come to a good conclusion. He suggested the applicants receive assistance with the permit process. Commissioner Fonzi disclosed that she has met with the applicants on the site several times. She stated her appreciation of the applicants' openness to listen to the Commissions ideas and incorporating them into the plan, which she feels is superior. Chairperson Porter, spoke about the public and that City officials had not really understood and considered what they wanted in this case. He commended the applicants' for staying with the project and stated he was not happy with the timetable but thinks the final product will be great for the city and the community. PUBLIC COMMENT Adam Scattini, applicant, thanked the Commission for taking the time to see this through. He feels they have put together a project that is superior to what they had hoped for and they look forward to doing business in Atascadero. Chairperson Porter closed the Public Comment period. Community Development Director Frace announced that the City Council will discuss the affordable housing policy at their next meeting on June 14th; the Planning Commission is invited to be there and comment. Director Frace reviewed the agenda PC Draft Minutes 06/07/05 Page 5 of 6 for the next Planning Commission meeting. The meeting of July 5th will be cancelled creating a longer agenda for the July 19th meeting. An informational memo from the City Attorney regarding the issue of the 15 year sunset clause was distributed to the Commission. Director Frace answered questions of the Commission. ADJOURNMENT Chairperson Porter adjourned the meeting at 8:05 p.m. to the next regularly scheduled meeting of the Planning Commission on June 21, 2005. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary The following exhibit is available for review in the Community Development Department: Exhibit A — Staff memorandum of updated exhibits for Item #4. PC Draft Minutes 06/07/05 Page 6 of 6 ITEM NUMBER: 2 DATE: 6-21-05 Atascadero Planning Commission Staff Report - Community Development Department EI Monte Water Tank Conditional Use Permit Amendment 2004-0125 (EI Monte Road / AMWC) SUBJECT: The proposed Conditional Use Permit Amendment consists of a request to remove condition #8, which states: "The Atascadero Mutual Water Company shall provide a minimum water pressure of 45 PSI to 14555 EI Monte Road/Vaughan's property. Any cost incurred will be the responsibility of the Water Company." RECOMMENDATION: Staff Recommends: 1. Adopt Resolution No. PC 2005-0040 approving Conditional Use Permit (CUP 2004-0125) based on findings and Conditions of Approval. SITUATION AND FACTS: 1. Applicant / Representative: Atascadero Mutual Water Company (AMWC) 5005 EI Camino Real, Atascadero, CA 93422 2. Project Address: 14595 EI Monte Road, Atascadero, CA 93422 (San Luis Obispo County) APN 050-361-005 3. General Plan Designation: Rural Estates (RE) 4. Zoning District: Residential Suburban (RS) 5. Site Area: Approximately 4.9 acres 6. Existing Use: Water Tank 7. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2004-0017 DISCUSSION: Background On July 6, 2004, Planning Commission approved Conditional Use Permit 2004-0125 to allow a 150,000 -gallon water storage tank, subject to conditions of approval. The applicant, Atascadero Mutual Water Company (AMWC), requests the removal of condition #8 from the Conditional Use Permit for legal purposes. Analysis According to information submitted by the AMWC, the water storage tank is near completion and has provided the minimum 45 PSI water pressure required by the conditions of approval (Attachment 2). The AMWC has entered into an agreement with the property owner at 14555 EI Monte Road to provide a private booster pump with the understanding that condition #8 be removed from the Conditional Use Permit (Attachment 3). Environmental Determination The project has been determined to be consistent with the certified Mitigated Negative Declaration 2004-0017. CONCLUSION: Based on the information provided, Staff recommends the Planning Commission approve the request to remove Condition #8 from the Conditional Use Permit. ALTERNATIVES: 1. The Planning Commission may add conditions to the proposed request. 2. The Planning Commission may recommend denial of the proposed request. 3. The Planning Commission may continue the hearing and refer the project back to staff for further analysis. Direction should be given to staff and the applicant on required additional information. PREPARED BY: Lisa Wilkinson, Assistant Planner ATTACHMENTS: Attachment 1: Location Map Attachment 2: AMWC Letter Attachment 3: AMWC Agreement Attachment 4: Resolution 2004-0069 Attachment 5: Draft Resolution PC 2005-0040 Attachment 1: Location Map Attachment 2: AMWC Letter 5005 EL CAMINO REAL P.O. BOX 6075 ATASCADERO, CA 93723 • (605) 466-2428 Atascadero Mutual Water Company 1V IF -ll 1913 RECEIVED Apn1 29, 2005 MAY 3 2005 Mf. Warren Frace Community Development Director COMMUNITY DEVELOPMENT City of Atascadero 6905 EI Camino Real Suite 6 Atascadero Ca, 93422 Subject: Request to Rescind Condition No. 8 from CUP 2004-0125 Dear Mr Frace, The planning commission of the City of Atascadero, in a regular session assembled on July 6, 2004, resolved to approve Conditional Use Permit 2004-0125. This permit allowed the Atascadero Mutual Water Company (AMWC) to construct a new 150,000 gallon water storage tank at 14595 EI Monte Rd, subject to the conditions stipulated in Exhibit B of Planning Commission Resolution No. 2004-0069. AMWC is now substantially complete with this construction project and is respectfully requesting a recession of condition No 8, from Exhibit B of the conditions of approval, from the official record of conditions. Condition No. 8 stales that " The Atascadero Mutual Water Company shall provide a minimum water pressure of 45 psi to 14555 EI Monte Road/Karen Vaughan's property. Any cost will be incurred will be the responsibility of the Water Company". We have fully completed this condition to the satisfaction of Ms. Vaughan (see attached letter) and are now requesting, with her full cooperation, the recision of this condition from the official record. We believe the Intention of the Planning Commission condition was specifically for Ms. Vaughan's benefit. Now that the condition Is complete, to her satisfaction, we request iCs removal. If you have any questions we will be happy to meet with you at your convienience Respectfully yours, Glenn Small Project Manager Cc, John B. Neil, AMWC General Manager Attachment 3: AMWC Agreement r PRIVATE BOOSTER STATION AGREEMENT THIS AGREEMENT ("Agreement') is made and entered into by and between the Atascadero Mutual Water Company, a California corporation ("AMWC") and Karen E. Vaughan ("Owner"), with respect to the real property referred to as Lot 2, Block 84, Atascadero Colony (APN 50-361-006), recorded in the County Recorder's Office in the County of San Luis Obispo, State of California (the "Property"). RECITALS A. WHEREAS, AMWC has recently completed the construction of a new water storage tank to serve the area it refers to as the Cencero Boosted Zone (the EI Monte Tank). B. WHEREAS, the EI Monte Tank will improve the reliability of the water supply to the Property and other shareholders within the Cencero Boosted Zone; C. WHEREAS, the EI Monte Tank will reduce the potential for water service disruptions due to power outages, allow better regulation of water pressure, and provide more sufficient flows for fire fighting purposes and other emergencies within the Cencero Boosted Zone; D. WHEREAS. when the EI Monte Tank comes into service, the water pressure at the Property will likely reduce by approximately 15 - 20 pounds per square inch (psi); E. WHEREAS, such reduction in water pressure is less than the 45 psi to which Owner has become accustomed; F. WHEREAS, at Owner's request, the City of Atascadero (City) imposed a condition of approval on the EI Monte Tank project through the Conditional Use Permit process to maintain the water pressure at the Property at no less than 45 psi at no cost to Owner (the CUP Condition); G. WHEREAS, to make up for the reduction in water pressure, AMWC is willing, at its expense, to install a booster pump and appurtenances on the Property to increase the water pressure at the Property and provide other consideration to Owner; H. WHEREAS, the booster pump will restore water pressure to the Property to the level that existed before the EI Monte Tank came into service: and I. WHEREAS, once the booster pump is installed, there will be no need for the CUP Condition. NOW, THEREFORE, the parties hereto do promise and agree with one another as follows: 1. Hoosier Station Installation. AMWC shall install, at its expense, a booster pump and appurtenances on the Property to increase the water pressure at the Property. Attachment 3: AMWC Agreement continued Booster Station Operation and Maintenance. Owner agrees to accept ownership of the booster pump and appurtenances and the ongoing, long -tens operation and maintenance responsibilities for same. 3. Compensation. Notwithstanding paragraph 4 below, the total consideration paid or otherwise granted by AMWC to Owner under this agreement _ cash or other consideration, which AMWC will pay Owner in two installments. AMWC will pay the first cash installment upon Owners execution of this Agreement. Owner agrees that AMWC will pay the first cash installmer - AMWC will pay to Owner the second cash installment upon the occurrence of the City's rescission or removal of the CUP Condition (as specified in paragraph 5 below) or final denial of the reconsideration request. Electrical Consumption. The payment to Owner, as provided in paragraph 3 above, is based on the assumption that the booster pump will consume 162 KW-hrs of electricity over a one-year period. AMWC agrees to monitor the actual electrical consumption of the booster pump with an electrical sub -meter for a single. one-year period beginning on the date Owner executes this agreement. If the actual energy consumption during this one-year period is less than 162 KW -hr, there will no adjustment in the payment to be paid to Owner as provided in paragraph 3 above If the actual energy consumption over the one-year period, however, is greater than 162 KW-hrs, AMWC agrees to pay Owner a further single, one-time, cash payment to compensate Owner for the greater electrical consumption of the booster pump. Such payment will be based on the difference between the actual electrical consumption above 162 KW -hr for the one-year period (as shown on the booster station sub -meter) and 162 KW -hr. The single, one-time, cash payment will be calculated by determining the present value of the cost of electricity consumed above 162 KW -hr for the one-year period, at $0.14 per KW -hr, at an annual interest rate of two and one-half percent (2.5%) over twenty (20) years. 5 CUP Condition. Owner agrees, in good faith, to join with and support AMWC in promptly making a request to the City to reconsider and rescind or remove the CUP Condition. AMWC will pay all application or other fees needed to process the reconsideration request, and Owner agrees to take all actions reasonably required of her to submit and process the reconsideration request at no expense to Owner. The cash consideration to be paid to Owner, as specified in paragraph 3 above, will be paid upon the final action by the City either granting or denying the reconsideration request. 6. Successors and Assigns. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of Owner and AMWC and to all future owners of the Property. 7. Ownership. Owner represents and warrants that she is the sole owner of the Property and has the legal right, capacity and authority to enter into this Agreement. 8 Time is of the Essence. Time is of the essence in this Agreement. Vaughan Booster Pump Agreement Page 2 of 3 Attachment 3: AMWC Agreement continued 9. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. No changes, amendments, or modifications to this Agreement shall be effective unless in writing and signed by both parties. 10. Governing Laws. This Agreement shall be construed, interpreted and governed under the laws of the State of California. Atascpdoro, Mutual (�Water Company: Owner. John B. Neil, General Manager date Kardrf E. Vaughan date Vaughan Booster Pump Agreement Page 3 of 3 Attachment 4: Resolution PC 2004-0069 This Page Intentionally Left Blank Attachment 5: Resolution PC 2005-0040 DRAFT RESOLUTION PC 2005-0040 RESOLUTION OF THE ATASCADERO PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT AMENDMENT 2004-0125 TO DELETE CONDITION NUMBER 8 FROM THE APPROVED CONDITIONAL USE PERMIT (El Monte Road/AMWC) WHEREAS, an application has been received from Atascadero Mutual Water Company (5005 El Camino Real, CA 93422), applicant and property owner, to consider a project consisting of a Conditional Use Permit Amendment to remove Condition #8 from the approved Conditional Use Permit; and, WHEREAS, the project is located within the RE (Rural Estates) land use designation of the City of Atascadero's General Plan Land Use Diagram; and, WHEREAS, the project is located within the RS (Residential Suburban) zoning district; and, WHEREAS, the project is consistent with certified Mitigated Negative Declaration 2004-0017; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on June 21, 2005, studied and considered the proposed Conditional Use Permit Amendment; and, WHEREAS, the Planning Commission has determined that the proposed request is consistent with the Conditional Use Permit; 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, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as follows: 1. The proposed project has been analyzed adequately in Certified Mitigated Negative Declaration 2004-0017 for the original Conditional Use Permit. SECTION 2. Findings for Approval of Conditional Use Permit Amendment. 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 of Conditional Use Permit Amendment. The Planning Commission does hereby approve Conditional Use Permit 2004-0125 to delete condition #8 from the Conditional Use Permit, consistent with the following Exhibits: EXHIBIT A: Conditions of Approval EXHIBIT B: Grading and Drainage Plan EXHIBIT C: Landscape and Tree Protection Plan On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval CUP Amendment (CUP 2004-0125) Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building S.Mm EI Monte Road Water Tank Storage License FD: Fire Department CUP 2004-0125 GP: Grading Permit BP: Building Permit PD: Police Depadment CE: City Engineer FI: Final lnspecton WR Wastewater TO: Temporary CA: CityAMrn y Oaupancy F0: Final Oaupancy Planning Services 1. The approval of this conditional use permit shall become final and BP PS effective following Planning Commission approval. 2. The project landscaping shall include only native and drought- GP PS resistant plant materials for all proposed shrubs and groundcovers on all cut and fill locations. One (1) additional 15 gallon native oak tree shall be planted on site, subject to staff approval. The proposed native oak trees shall be planted, double staked, maintained in good health and be located as shown in Exhibit D. Location of trees shall be verified by the project arborist and approved by staff. 3. The water tank shall be painted an earth tone to blend with the BP/FO PS surrounding landscape. 4. Asphalt pavement shall be installed per City standard from the access FO PS/CE point off EI Monte Road to the water tank. 5. A security gate shall be installed near the water tank for the sole FO PS/FD purpose of the Atascadero Mutual Water Company. The gate shall be subject to Planning and Fire Department approval. 6. The Atascadero Mutual Water Company shall install a fire hydrant off FO PS/FD the new tank discharge line near the existing easement road. 7. The Atascadero Mutual Water Company shall relocate water meter FO PS/BS services at 14675 and 14555 EI Monte Road to the discharge line off the new tank near the easement road. 9. The Conditional Use Permit shall be consistent with all conditions and GP/BP/FI/ PS exhibits. TO/FO Building Services 10. A soils investigation prepared by a licensed Geotechnical Engineer BP FM is to be provided for the project. The report is to be provided at the 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. Deleted: 8. The Atascadero Mutual Water Company shall provide a minimum water pressure of 45 PSI to 14555 EI Monte RoadNaughan's property. Any cost incurred will be the responsibility of the Water Company. Deleted: FO Deleted: PS Formatted: Tabs: 0.5", Left City Engineer Project Conditions BP BS 11. The applicant shall submit grading and drainage plans for review by the City Engineer. The grading plan must include erosion control details. 12. The applicant shall submit drainage calculations for review and BP PW approval of City Engineer. Calculations shall analyze the capacity of existing facilities. 13. All drainage facilities shall be designed and constructed in BP PW accordance with the current City of Atascadero Engineering Standards. 14. Existing drainage patterns from adjacent properties shall not be BP PW obstructed. 15. All drainage from improvements shall cross property lines within BP PW drainage easements. Mitigation Measures Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP BS/PS 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. 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. D. Permanent dust control measures identified in the approved project re - vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast- germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re-vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.e.1: The Grading Plan shall identify tree protection BP PS 4.e.1 fencing around the dripline of each existing on-site tree and/or native shrub mass within 20 feet of construction activity. Mitigation Measure 4.e.2: Grading and excavation and grading work shall BP PS 4.e.2 be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within the area of work shall be fenced for protection with 4-foot chain link, snow, or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 6.b: All disturbed areas, not shown on the project BP BS/PS 6.b landscape plan for landscaping shall be hydro seeded with a native seed mix. Erosion control measures shall include an erosion control blanket for all 2:1 fill slopes. Affected areas that previously contained native shrubs and vegetation shall be replanted with similar plant species per the approved landscape plan. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked out on to EI Monte Road and/or the private access drive by construction vehicles. Mitigation Measure 11.d: All construction activities shall comply with the BP BS/PS 11.d City of Atascadero Noise Ordinance for hours of operation. Exhibit B: Grading and Drainage Plan 553:�R1r'2ti"E � Exhibit C: Landscape and Tree Protection Plan A-uc a,4,,4,,,, � cV _ y AfIrSTNICA IIVE OA< .......... O.4 Gel cc res IIYe dr_ I CCAI-5-1 /,vCCMk' Condition #2: One additional 15 -gallon Live Oak to be installed ITEM NUMBER: 3 DATE: 6-21-05 Atascadero Planning Commission Staff Report - Community Development Department 7685 Navajoa Ave. Density Bonus Request (CUP 2005-0151) (Terry Otis) SUBJECT: The proposed project consists of a Conditional Use Permit to grant a density bonus request in accordance with the State Density Bonus allowance. RECOMMENDATION: Staff Recommends: 1. Adopt Resolution PC 2005-0039 certifying approving Conditional Use Permit 2005- 0151 based on findings and subject to Conditions of Approval. SITUATION AND FACTS: 1. Applicant / Representative: Terry Otis, 6480 Alta Pradera Lane, Atascadero, CA 93422 2. Project Address: 7685 Navajoa Ave, Atascadero, CA 93422 (San Luis Obispo County) APN 031-153-014 3. General Plan Designation: Medium Density Residential 4. Zoning District: Residential Multi -Family -10 5. Site Area: 0.3 acres 6. Existing Use: Two single-family residences 7. Environmental Status: Exempt per CEQA Section 15332: In -fill Development Projects DISCUSSION: Project Definition The proposed project consists of a 4 -unit Multi -Family Development on a 0.3 -acre site. The applicant is requesting Conditional Use Permit approval to allow a density bonus of 35% consistent with State Density Bonus standards to allow one additional unit above the base density of three units. The General Plan requires a Conditional Use Permit for the density bonus request. Background Surrounding Land Use and Setting: North: Residential Multi -Family South: Residential Multi -Family East: Commercial Professional West: Residential Multi -Family The project site is currently developed with two single-family residences. Based on the existing site acreage (0.3 acres), the property can be developed with a maximum of three units. The applicant is requesting a 35% density bonus (1 unit) for the provision of affordable income units. The State density bonus program allows a 25% density bonus for the provision of affordable housing. The City's current General Plan increases the minimum density bonus allowance to 35% if the State requirements for affordable units are met. In order to qualify for the density bonus, the State mandates that either 10% of the pre- density bonus project units be deed restricted as very low-income units, or 20% of the pre -density bonus units be deed restricted as low-income units. In accordance with this provision, the applicant is requesting one density bonus unit to allow a 4 -unit Multi- family Development on the project site. In exchange for the density bonus, the applicant will deed restrict one of the units for 30 years at the low-income level. Zoning Ordinance Conformance Site and Buildina Desian The site plan has been designed to meet the requirements of the Atascadero Municipal Code and the appearance review requirements of the General Plan. Each unit has a minimum of 300 square -feet of open space. All parking has been designed to meet the minimum standards of the Zoning Code. Each unit has a two car garage and one additional parking space for guest parking, consistent with City code requirements. The proposed site has a 32% building coverage ratio which exceeds the minimum standard of 40% maximum set by the Municipal Code. 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". Housing Element Program 2.1.1: "Offer a 35% density bonus for projects that include deed restricted very -low-, low-, and moderate -income housing." As analyzed above and as conditioned, the proposed project is consistent with the General Plan and has been designed to be compatible with the context of the surrounding neighborhood. Findings Conditional Use Permit A Conditional Use Permit is required for granting of the requested 35% density bonus. The requested Conditional Use Permit is only for the density bonus allowance of one additional unit and does not establish a Master Plan of Development or consider any uses that might negatively impact the surrounding neighborhood. 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 Medium Density Residential designation of the General Plan and General Plan Land Use Element Policy 1.1.7, 2.1, and Housing Element Program 2.1.1. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). Staff Comment: As conditioned, the project satisfies all zoning code provisions related to multi -family 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 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. 6. The density bonus provides for affordable housing costs for low- and/or very -low- income persons that cannot be otherwise obtained. The State density bonus program is specified in the General Plan to comply with the affordable housing requirements specified in Government Code Section 65915 and Health and Safety Code Section 50052.5. The City does not currently offer any other incentives for the provision of affordable housing units within multi -family projects not requiring legislative approval. 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 The proposed project qualifies for a Categorical exemption per CEQA 15332 (In -fill Development Projects). Conclusion The proposed project will for one additional unit on an infill multi -family site consistent with the State density -bonus program. The applicant will provide one unit within the development as an affordable unit, deed restricting the unit for 30 -years at a low-income level. 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 find that the project does not meet the design requirements of the Zoning Ordinance for multi -family developments and may deny 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. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Draft Resolution PC 2005-0039 Attachment 1: Location Map, General Plan and Zoning Project Site Morro Rd / '; HWY 41 ATTACHMENT 5: Draft Resolution PC 2005-0039 DRAFT RESOLUTION PC 2005-0039 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING CONDITIONAL USE PERMIT 2005-0151 ON APN 031-153-014 (7685 Navajoa Ave. / Terry Otis) WHEREAS, an application has been received from Terry Otis (6480 Alta Pradera Ave, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a Density Bonus Request to exceed the base site density by one unit consistent with the State density bonus program (CUP 2005-0151); and, WHEREAS, the site's General Plan Designation is MDR (Medium Density Residential); and, WHEREAS, the site's current zoning district is RMF -10 (Residential Multi -Family -10); and, WHEREAS, a Conditional Use Permit is required for density bonus requests under the provisions of the State density bonus program; and, WHEREAS, the proposed project qualifies for an Categorical exemption consistent with CEQA section 15332 for infill development; 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 June 21, 2005, studied and considered Conditional Use Permit 2005- 0151; 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. 6. The density bonus provides for affordable housing costs for low- and/or very -low- income persons that cannot be otherwise obtained SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on June 21, 2005, resolved to approve Conditional Use Permit 2005-0151 to, subject to the following: EXHIBIT A: Conditions of Approval On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program Master Plan of Development (CUP 2005-0151) Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services Navajos Ave Multi -Family GP: Grading Permit FD: Fire Department Density Bonus Request BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2005-0151 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy Planning Services 1. This conditional use permit shall be for a density bonus to allow one FM PS density bonus unit for a maximum of four units on a multi -family site located on parcel 031-153-014 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 exhibits and requirements contained herein. 7. The applicant/owner shall deed restrict one unit at the low-income level BP PS for a minimum period of 30 -years. ITEM NUMBER: DATE: Atascadero Planning Commission Staff Report - Community Development Department Tentative Tract Map 2005-0069 (Tract 2749) 2000-2300 EI Camino Real (Levon Investments / Gearhart / Wilson Land Surveys) RECOMMENDATION: 4 F_21 _n5 The Planning Commission adopt Resolution PC 2005-0038 approving Tentative Tract Map 2005-0069 (Tract 2749), a request to establish airspace units on one common lot, based on findings and subject to conditions. SITUATION AND FACTS: 1. Owner: Levon Investments, 200 E. Carillo Street, Ste. 200, Santa Barbara, CA 93101 2. Applicant: Kelly Gearhart, 6205 Alcantara Ave., Atascadero, CA 93422 3. Project Address: 2000-2300 EI Camino Real, Atascadero, CA 93422 APN: 049-141-056 (Factory Outlets) 4. General Plan Designation: CPK (Commercial Park) 5. Zoning District: CPK (Commercial Park), PD -1 Overlay 6. Site Area: 6.95 acres 7. Existing Use: Commercial retail with approved PD -1 8. Environmental Status: Categorical Exemption, Class 1 — Existing Use. DISCUSSION: Background: The property is located west of EI Camino Real and directly south of Del Rio Road and is the site of the Atascadero Factory Outlets (Outlets). The Outlet project was originally approved in 1992/1993 and construction was completed in 1994. There is Commercial Zoning to the north, south and east, and Single -Family Zoning to the west behind Highway 101. There is an existing Master Plan of Development and a PD -1 Overlay on the site. Changes to the Master Plan are not being proposed at this time and the condominium project is consistent with the PD -1 Overlay. The site is currently served by public utilities. Condominium Design: The condominium map will merge 5 existing lots into one lot and allow for the establishment of airspace units within the two existing buildings. The underlying lot will be held in common ownership. The size of the retail units will be flexible, allowing for the purchase of space needed by the individual retailer. amm W11YMb101 \ isting Buildings Public Improvements: Public improvements are not being required for this project. Curb, gutter and sidewalk are in place, along with street trees and landscaping. All project conditions for Master Plan of Development CUP 04-91 will remain in place. Environmental Review: Staff has determined that the project qualifies for a Class 1 Categorical Exemption per the California Environmental Quality Act Guidelines. Conclusion: The proposed condominium map is consistent with the 2002 General Plan and Zoning Ordinance and the airspace units are consistent with the requirements of the Subdivision Ordinance. Staff recommends the Planning Commission approve Tentative Tract Map 2005-0069 based on findings and conditions. ALTERNATIVES: 1. The Commission may approve the project, subject to additional or revised project conditions. The Commission's motion to approve needs to include any new or revised project conditions. 2. The Commission may deny the project if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. PREPARED BY: Kerry Margason, Associate Planner ATTACHMENTS: Attachment 1 -- Location Map (General Plan & Zoning) Attachment 2 -- Draft Resolution PC 2005-0038 ATTACHMENT 1: Zoning Map TTM 2005-0069 2000-2300 EI Camino Real EI Camino Real NOTIF.-TeWs MM J Project Site General Plan = CPK (Commercial Park) Zoning = CPK (Commercial Park) ATTACHMENT 2: Draft Resolution PC 2005-0038 TTM 2005-0069 2000-2300 EI Camino Real DRAFT RESOLUTION NO. PC 2005-0038 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING TENTATIVE TRACT MAP 2005-0069 (TRACT 2749), ESTABLISHING CONDOMINIUM AIRSPACE UNITS ON ONE COMMON LOT WITH VARIED SQUARE FOOTAGES AT 2000-2300 EL CAMINO REAL (LEVON INVESTMENTS / GEARHART) WHEREAS, an application was received from Owner, Levon Investments, 200 E. Carrillo Street, Ste. 200, Santa Barbara, CA 93101, and Applicant, Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, California 93422, for a Tentative Tract Map to establish airspace units on one common lot to allow for Condominium Use and varied square footages among the individual units; and, WHEREAS, the proposed project has a General Plan Designation of CPK (Commercial Park) and is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and, WHEREAS, the site is located in the CPK (Commercial Park w/PD-1 Overlay) Zoning District, which allows for the proposed use and density when certain findings are made; and, WHEREAS, the proposed project qualifies for a Class 1 Categorical Exemption per Section of the California Environmental Quality Act; and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Tentative Tract Map application on June 21, 2005 at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public. NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for approval of condominium map. The Planning Commission finds as follows: 1. The proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements. 3. The site is physically suitable for the density of development proposed. 4. The design and improvement of the proposed map will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 5. The map is consistent with the character of the immediate neighborhood. 6. The design of the condominium map 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. The proposed condominium map design and type of improvements proposed will not cause serious public health problems. SECTION 2. Approval. The Planning Commission does hereby find: 1. That the project qualifies for a Class 1 Categorical Exemption per Section 15301 of the Guidelines for California Environmental Quality Act, and; 2. Approves Tentative Tract Map 2005-0069 to establish commercial airspace units on one common lot; and, Subject to the following Conditions and Exhibits: EXHIBIT A: Categorical exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Tentative Tract Map 2005-0069 On motion by Commissioner and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ADOPTED: ABSTAINED: CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary TO: File EXHIBIT A: Class 1 Categorical Exemption CITY OF ATASCADER0 NOTICE OF EXEMPTION 6905 El Camino Real, Suite 6 Atascadero, CA 93422 FROM: City of Atascadero Community Development Department 6905 El Camino Real, Suite 6 Atascadero, CA 93422 805.461.5000 Date Received for Filing SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code Project Title: Commercial Condominium Conversion, Factory Outlets Project Location (Include County): 2000-2300 El Camino Real, City of Atascadero, County of San Luis Obispo, State of California Project Description: Request to convert approximately 89,000 square feet of commercial retail space in two buildings to commercial condominium units. New construction is not being proposed at this time. Name of Public Agency Approving Project: City of Atascadero Name of Person or Agency Carrying Out Project: Levon Investments, C/O Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, California 93422 Exempt Status: ❑ Ministerial (Sec. 21080 (b)(1); 15268) ❑ Declared Emergency (Sec. 21080(b)(3); 15269(a)) ❑ Emergency Project (Sec.21080 (b)(4); 15269(b)(c)) ® Categorical Exemption (Sec. 15301, Existing Facilities) Reasons why project is exempt: Class 1 of the California Environmental Quality Act (CEQA) (Section 15301, Existing Facilities) exempts minor changes to existing buildings. There will be no site disturbance with this project. Date: June 8, 2005 Kerry Margason Associate Planner Contact Person: Kerry Margason, Associate Planner, City of Atascadero (805) 461-5000 EXHIBIT B: Conditions of Approval TTM 2005-0069 (Tract 2749) Conditions of Approval Timing Responsibility TTM 2005-0069 /Monitoring PS: Planning Services Address: 2000-2300 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney Standard Planning Conditions 1. The approval of this application shall become final, subject to the completion of FM PS 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 effective FM PS 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. All conditions and provisions of CUP 04-91 shall remain in full force and effect. FM PS 4. The Community Development Department shall have the authority to approve FM PS minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Tract Map or the Conditional Use Permit. 5. A final map drawn in substantial conformance with the approved tentative map, FM PS 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 Ongoing CA 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 or the conditional use permit. 7. The final map shall be subject to additional fees for park or recreation purposes FM PS (QUIMBY Act) as required by City Ordinance. Project Planning Conditions 8. This approval is for the establishment of 30 to 45 retail condominium units on the property located at 2000-2300 EI Camino Real and commonly known as "The Factory Outlets." 9. Prior to final map, the applicant shall submit CC&R's and By Laws for review FM PS/Pw and approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a. Establishment of an Owners' Association. Conditions of Approval Timing Responsibility TTM 2005-0069 /Monitoring PS: Planning Services Address: 2000-2300 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer T0: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney b. Any and all exclusive use easements. c. Provisions for maintenance of all common areas including access, parking, street trees, fencing, landscaping and trash enclosures. d. Provisions for any interior wall relocations or adjustments. e. 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. These CC&Rs shall be subject to review and approval of the City Engineer, City Community Development Director and the City Attorney. 10. This map shall be for the approval of airspace units only. The final map shall FM PS show one common lot. 11. The project shall remain subject to the conditions of approval for the Master Plan FM PS/BS of Development (CUP 04-91). In the event of a conflict, these conditions of approval shall rule (TTM 2005-0069). 12. Prior to recordation of the final map, the applicant shall provide the provisions FM PS/CE for "unit" boundary adjustments to the Community Development Department for review and approval. City Engineer Standard Conditions 13. All public improvements shall be constructed in conformance with the City of FM PW Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 14. An engineer's estimate of probable cost shall be submitted for review and FM PW approval by the City Engineer to determine the amount of the bond. 15. The Subdivision Improvement Agreement shall record concurrently with the FM PW Final Map. 16. An encroachment permit shall be obtained prior to the issuance of building FM PW permit. 17. The applicant shall enter into a Plan Check/Inspection agreement with the City. FM PW 18. A six (6) foot Public Utility Easement (PUE) shall be provided where needed. FM PW 19. The applicant shall be responsible for the relocation and/or alteration of existing FM PW utilities. 20. The applicant shall install all new utilities (water, gas, electric, cable TV and FM PW telephone) underground. Utilities shall be extended to the property line frontage Conditions of Approval Timing Responsibility TTM 2005-0069 /Monitoring PS: Planning Services Address: 2000-2300 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer T0: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney of each lot or its public utility easement. 21. The applicant shall monument all property corners for construction control and FM PW shall promptly replace them if disturbed. 22. The applicant shall acquire title interest in any off-site land that may be required FM PW 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. 23. Slope easements shall be provided as needed to accommodate cut of fill slopes. FM PW 24. Drainage easements shall be provided as needed to accommodate both public FM PW and private drainage facilities. 25. A preliminary subdivision guarantee shall be submitted for review in conjunction FM PW with the processing of the map. 26. Prior to recording the final map, the applicant shall submit a map drawn in FM PW substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance shall submit the map for review and approval. 27. Prior to recording the final map, the applicant shall set monuments at all new FM PW property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 28. Prior to recording the final map, the applicant shall pay all outstanding plan FM PW check/inspection fees. 29. Prior to recording the map, the applicant shall complete all improvements FM PW required by these conditions of approval. 30. Prior to recording the map, the applicant shall have the map reviewed by all FM PW applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 31. Upon recording the final map, the applicant shall provide the City with a black FM PW line clear Mylar (0.4 mil) copy and a blue line print of the recorded map and a digital copy of the map. 32. Prior to the final inspection of any public improvements, the applicant shall FM PW submit a written statement from a registered civil engineer that all work has been Conditions of Approval Timing Responsibility TTM 2005-0069 /Monitoring PS: Planning Services Address: 2000-2300 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer T0: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney completed and is in full compliance with the approved plans. 33. Prior to the final inspection, the applicant shall submit a written certification from FM PW a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. EXHIBIT C: Tentative Tract Map TTM 2005-0069 z 0 U) 0 0 z z z 0- s 7 a QQ d ayl Y b S��kP BPI. 3� �ea�a 8 oa iig 1 k 9 J2S���p i :Lli f - Om Ig :P \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0069 2000 ECR Commercial Condo Conversion\TTM 2005- 0069 2000 ECR PC Staff Report.doc