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HomeMy WebLinkAboutPC_2005-07-19_AgendaPacketCALL TO ORDER CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting July 19, 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 21, 2005. COMMUNITY DEVELOPMENT STAFF REPORTS City of Atascadero Planning Commission Agenda PUBLIC HEARINGS Regular Meeting July 19, 2005 Page 2 of 6 (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name and address for the record and can address the Commission for five minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 2. ZONE CHANGE 2005-0100, TITLE 9 PLANNING AND ZONING TEXT AMENDMENTS Applicant: City of Atascadero, 6905 El Camino Real, Suite 6, Atascadero, CA 93422, Phone: 461-5000 Project Title: Zone Change 2005-0100, Title 9 Planning and Zoning Text Amendments Project Minimum Landscape Areas: All Residential Multi -Family and Commercial Zones Location: Reference Title 11 Chapter 6 into Title 9 Chapter 1 under Lot Line Adjustment: Citywide Project Fencing and Screening Standards: Citywide Project The project consists of a revision to portions of Title 9 Planning and Zoning, of the Atascadero Description: Municipal Code (AMC). The amendments include the following: define a minimum landscaping area applied to Residential Multi -Family and Commercial Zoning designations (AMC 9-4.125); incorporate existing portions of Title 11 Subdivisions, Chapter 6 Flag Lots (deep lot subdivisions) into Title 9- 1.118 and Title 9-4 for Lot Line Adjustments; and update fencing and screening standards (AMC 9- Proposed 4.128). Proposed Based on the initial study prepared for the project, a Negative Declaration is proposed. The proposed Environmental Negative Declaration is available for public review from 6/28/05 through 7/17/05 at 6905 El Camino Determination: Real, Suite 6, Community Development Department from 8:00 a.m. to 5:00 p.m., Monday through Friday. 3. CONDITIONAL USE PERMIT 2002-0076 AMENDMENT Applicant: Gary Bang, 7935 El Camino Real, Atascadero, CA 93422, Phone: 461-1818 Project Title: Conditional Use Permit 2002-0076, 21,840 square foot Harley-Davidson commercial building Project 7935 San Luis Avenue, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 030-241-066 Project The proposed Conditional Use Permit Amendment consists of a request to increase pole sign area from 76 Description: square feet to 109 square feet, while eliminating a smaller sign on the existing sign pole, which has a sign area of 26 square feet. In addition, the applicant also requests to add non -illuminated lettering on the south side of the building and illuminated lettering on the west side of the building. General Plan Designation: Service Commercial Zoning District: Commercial Service Proposed Environmental Consistent with Certified Mitigated Negative Declaration 2002-0076 and Initial Study. Determination: City of Atascadero Planning Commission Agenda 4. CONDITIONAL USE PERMIT 2003-0090 AMENDMENT Regular Meeting July 19, 2005 Page 3 of 6 Applicant: D. A. Fetyko, P.O. Box 1999, Atascadero, CA 93423, Phone: 547-1103 Project Title: Conditional Use Permit 2003-0090 Amendment Project 5460 Mariquita Avenue, Atascadero, CA 93422 Location: (San Luis Obispo County) (APN 029-292-024) Project The proposed Conditional Use Permit Amendment consists of a request to remove the window trim Description: condition for the three new homes as approved with the original Master Plan of Development and subsequent building permits associated with the Planned Development No. 7 residential project. Zoning District: RMF -10 (Residential Multiple Family)/PD 7 Proposed not be illuminated. Environmental Consistent with Certified Mitigated Negative Declaration 2003-0011 Determination: Zoning District: Residential Suburban (RS) 5. CONDITIONAL USE PERMIT 2005-0160: CHURCH STEEPLE Applicant: Corp. of Presiding Bishop of Church of Jesus Christ of Latter-day Saints, Phone: 466-8103 Project Title: Conditional Use Permit 2005-0160 Project 2600 Ramona Road, Atascadero, CA 93422 APN 049-201-027 Location: Project The proposed project consists of a Conditional Use Permit application for a church steeple to exceed Description: the 50'-0" height limit for uninhabited structures in the Residential Suburban zone. The existing church is 31'-0" in height. The proposed steeple will be an additional 40'-4", totaling 71'-4" from ground level. The church fronts Ramona Road and is visible from US Highway 101. The steeple will not be illuminated. General Plan Designation: Suburban Estate (SE) Zoning District: Residential Suburban (RS) 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 from 6/28/05 through 7/17/05 Determination: at 6905 El Camino Real, Suite 6, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. City of Atascadero Planning Commission Agenda Regular Meeting July 19, 2005 Page 4 of 6 6. ZONE CHANGE 2005-0099:1155 EL CAMINO REAL, OAKHAVEN Applicant: Wehn Group LLC, 934 Sycamore Canyon, Paso Robles, CA 93446, Phone: 239-2475 Project Title: Zone Change 2005-0099, CUP 2005-0157, TTM 2005-0067, The Village at Oakhaven Project 1565 El Camino Real, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 049-042-018 Project The proposed project consists of an application for a Zone Change, Conditional Use Permit, and Description: Tentative Tract Map for the construction of 62 new single-family attached homes on individual lots that will be developed under the requirements of a custom Planned Development Overlay District Proposed within the RMF -16 Zoning District. Proposed homes range in size from 1100 to 1510 square feet. Environmental The project includes one home per lot each with a one -car garage and one parking space in each Determination: driveway. Four native trees are proposed for removal. The project will take access off of El Camino Real. General Plan Designation: High Density Residential (HDR) Zoning District: Residential Multi -Family -16 (RMF -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 from 6/29/05 through 7/19/05 Determination: at 6905 El Camino Real, Suite 6, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. 7. CONDITIONAL USE PERMIT 2003-0112 / TTM 2003-0037 AMENDMENT Applicant: City of Atascadero, 6905 El Camino Real, Suite 6, Atascadero, CA 93422, Phone: 461-5000 Project Title: Conditional Use Permit 2003-0112 and Tentative Tract Map 2003-0037 Amendment Project 1325 El Camino Real, Atascadero, CA 93422 Location: (San Luis Obispo County) (APN 049-101-009, 049-101-010) Project The proposed Conditional Use Permit and Tentative Tract Map Amendment consists of a request to Description: eliminate conditions prohibiting the sewer from extending to future adjacent projects. Zoning District: RSF-X (Residential Single Family — X / PD -17) Proposed Environmental Consistent with Certified Mitigated Negative Declaration 2004-0010 Determination: COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT City of Atascadero Planning Commission Agenda ADJOURNMENT Regular Meeting July 19, 2005 Page 5 of 6 The next regular meeting of the Planning Commission will be on August 2, 2005 at the Pavilion on the Lake, 9315 Pismo Avenue, Atascadero. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to this public hearing. City of Atascadero Planning Commission Agenda Regular Meeting July 19, 2005 Page 6 of 6 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. 7-19-05.word.am.doc CALL TO ORDER ITEM NUMBER: 1 DATE: 7-19-05 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting June 21, 2005 — 7:00 P.M. Chairperson Porter called the meeting to order at 7:02 p.m. and Commissioner Jones led the Pledge of Allegiance. Rr)l I rAl I Present: Commissioners Fonzi, Jones, Kelley, O'Keefe, Patel, Beraud and Chairperson Porter Absent: None Staff Present: Community Development Director Warren Frace, Deputy Community Development Director Steve McHarris, Associate Planner Kelly Gleason, Assistant Planner Lisa Wilkinson and Recording Secretary Grace Pucci. PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA MOTION: By Commissioner Fonzi and seconded by Vice Chairperson Beraud to approve the agenda. Motion passed 7:0 by a roll -call vote. PUBLIC COMMENT None PC Draft Minutes 06/21/05 Page 1 of 5 CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JUNE 7, 2005. MOTION: By Commissioner Fonzi and seconded by Vice Chairperson Beraud to approve Item #1. Motion passed 7:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS 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 Environmental Consistent with the Certified Mitigated Negative Declaration 2004-0017 Determination: Assistant Planner Lisa Wilkinson gave the staff report and answered questions of the Commission. PUBLIC COMMENT Glenn Small, Atascadero Mutual Water Company, answered questions of the Commission. Chairperson Porter closed the Public Comment period. MOTION: By Commissioner O'Keefe and seconded by Commissioner Fonzi to adopt Resolution No. PC 2005-0040 approving Conditional Use Permit based on findings and Conditions of Approval. Motion passed 7:0 by a roll -call vote. PC Draft Minutes 06/21/05 Page 2 of 5 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 Description: 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: Commissioner Kelley stepped down from consideration of this item stating that he has a businesses relationship with the applicant. Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT — None MOTION: By Commissioner O'Keefe and seconded by Commissioner Fonzi to adopt Resolution PC 2005-0039 certifying approving Conditional Use Permit 2005-0151 based on findings and subject to Conditions of Approval. Motion passed 6:0 by a roll -call vote. Commissioner Kelley rejoined the meeting. 4. TENTATIVE TRACT MAP 2005-0069 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. PC Draft Minutes 06/21/05 Page 3 of 5 Community Development Director Warren Frace gave the staff report and answered questions of the Commission. A letter from the Atascadero Mutual Water Company containing additional requested conditions was distributed to the Commission. PUBLIC COMMENT Kelly Gearhart, applicant, answered questions of the Commission. Michael Shearer, marketing representative for the project, explained the types of uses they are seeking for this center. Mr. Shearer answered questions of the Commission. Glenn Small, Atascadero Mutual Water District, explained why the Water Company has requested the additional conditions. Mr. Small answered questions of the Commission. Chairperson Porter closed the Public Comment period. Commissioner Kelley stated he would like a stipulation that the water situation can be taken care of in a property owners association. MOTION: By Commissioner Kelley and seconded by Commissioner Fonzi to 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, and with the following added to Condition of Approval No. 9: The water usage shall be taken care of with the tenants through a property owners association. Motion passed 7:0 by a roll -call vote. COMMISSIONER COMMENTS AND REPORTS Commissioner Jones distributed a copy of a publication that deals with energy efficiency in renovation and captures all the definitions that deal with window efficiencies and other technologies. DIRECTOR'S REPORT PC Draft Minutes 06/21/05 Page 4 of 5 General Plan Designation: CPK Zoning District: CPK Proposed The project qualifies for a Categorical Exemption per CEQA Section 15301: Existing Environmental Facilities. Determination: Community Development Director Warren Frace gave the staff report and answered questions of the Commission. A letter from the Atascadero Mutual Water Company containing additional requested conditions was distributed to the Commission. PUBLIC COMMENT Kelly Gearhart, applicant, answered questions of the Commission. Michael Shearer, marketing representative for the project, explained the types of uses they are seeking for this center. Mr. Shearer answered questions of the Commission. Glenn Small, Atascadero Mutual Water District, explained why the Water Company has requested the additional conditions. Mr. Small answered questions of the Commission. Chairperson Porter closed the Public Comment period. Commissioner Kelley stated he would like a stipulation that the water situation can be taken care of in a property owners association. MOTION: By Commissioner Kelley and seconded by Commissioner Fonzi to 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, and with the following added to Condition of Approval No. 9: The water usage shall be taken care of with the tenants through a property owners association. Motion passed 7:0 by a roll -call vote. COMMISSIONER COMMENTS AND REPORTS Commissioner Jones distributed a copy of a publication that deals with energy efficiency in renovation and captures all the definitions that deal with window efficiencies and other technologies. DIRECTOR'S REPORT PC Draft Minutes 06/21/05 Page 4 of 5 Director Frace reminded the Commission that the July 5, 2005 meeting is cancelled and reviewed the agenda for the next regular meeting on July 19t" ADJOURNMENT Chairperson Porter adjourned the meeting at 7:50 p.m. to the next regularly scheduled meeting of the Planning Commission on July 19, 2005. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary PC Draft Minutes 06/21/05 Page 5 of 5 ITEM NUMBER: 2 DATE: 7.19.05 Atascadero Planning Commission Staff Report - Community Development Department Title 9 Planning and Zoning Text Amendment ZCH 2005-0100 (City of Atascadero) SUBJECT: A Zone Change consisting of a Text Amendment to update portions of Title 9, Planning and Zoning, of the Atascadero Municipal Code. RECOMMENDATION: Staff recommends the Planning Commission review proposed text changes, provide comments to staff and forward to the City Council as follows: 1. The Planning Commission adopt Resolution PC 2005-0043, recommending that the City Council introduce an ordinance for first reading, by title only, to approve Zone Change 2005-0100 based on findings. SITUATION AND FACTS: 1. Applicant: City of Atascadero 2. General Plan Designation: Citywide 3. Zoning District: Citywide 4. Environmental Status: Initial Study and Proposed Negative Declaration #2005-0043. Summary: The proposed text amendments consist of three general amendments made to Title 9 (Planning and Zoning Ordinance) that encompass the following: 1.) Fence height, 2.) Design standards for flag lots, and 3.) Landscaping standards in multi -family and ITEM NUMBER DATE: 7.19.05 commercial zones. The proposed text amendment consists of additions as underlined and deleted portions are noted by a strikethrough in the text. Fencinq Standards Currently, an Administrative Use Permit (AUP) is required for a fence, hedge, or wall to be five (5) feet in height based on findings made by the Community Development Director. The proposed text amendment will allow the above fencing exception within the RS (Residential Suburban), RR (Rural Residential), and RSF-Z (Residential Single Family — Z) zone designations without requiring an AUP hearing. All other zoning designations will require an AUP. In general, the RS, RR, and RSF-Z zones are low- density areas largely contained within the outlying areas of the city. Rural type uses such as farm animal raising and agriculture are permitted (based on lot size) and often necessitate taller than 3'-0" fencing within the front setback. Without compromising visibility, safety, and aesthetics, the required findings remain in effect. The proposed text amendment to fencing standards include changes made to Title 9- 4.104 (Exceptions to setback standards) ( and 9-4.128 Standards for Fencingand Deleted: (a) renew, hedges finish six � feet or less in height above site finsh Screening Materials). The amendment will consolidate the fencing standards into a grade, when located in a required side or single location within the zoningordinance, streamline the fencingrequirements within g q the City, and provide definitions for measuring fence height. rear setback.¶ (b) Fences, hedges or walls three feet or less in height, when located in a required front setback.¶ (1) Allowed Adjustment: The exemption Exceptions to setback standards. for9-4.104 do no e walls in the front set fences, that setback that do not exceed three (3) feet The minimum setback reto q uirements of this title a 1 to all uses exce t the followin pp y p g (see also Section 9-4.110): ;n height maybe expanded, pm -scant Section 9-1.112 (Adjustment), to include fences, hedges or walls up to five (5) feet Uncovered decks, terraces, steps, earthworks and other similar landscaping or design elements placed directly on finished grade that do not exceed an average height of thirty in height, provided the following findings are made in the affirmative by the community Development Director:¶ (30) inches above the surrounding finished grade, provided that no such wood structure shall extend closer than eighteen (18) inches to a property line. (i) Pillars, posts, or other supportingportions of the fence do not exceed a height of six (6) feet, and¶ (ii) Sight -obscuring portions of the fence exceeding six (6) inches in width do not 9-4.128 Fencing and screening. exceed two (2) feet in width and are separated from each other by at least Standards for fencing and screening are established by this section to protect certain uses from intrusion, to protect the public from uses that may be hazardous, and to increase sixteen leas fees and¶ (iii) At least eighty percent (80%) visibility will be retained through compatibility between different land uses by visual screening. Fencing is the enclosure of an area by the materials identified in subsection (c) of this section. Screening is the portions of the fence that exceed three (3) feet in height; and¶ (iv) The fence is architecturally enclosure of an area by a visual barrier, which may include solid fencing or other materials as specified in subsection (c) of this section, compatible with existing structures on the property and consistent in character and appearance with other fences and (a) Fencing and Screening: Where Required. Within the urban services line the uses and areas listed in this subsection shall be fenced and/or screened as indicated. Unless structures in the neighborhood; and¶ (v) The fence will not impair safe sight distance for vehicular traffic nor result in otherwise specified, fencing and screening are to be a minimum height of six (6) feet. any other potential adverse impact on human health and safety.¶ Deleted: c ITEM NUMBER DATE: 7.19.05 Fencing and screening materials of a height greater than three (3) feet shall not be located within a required front setback or side setback adjacent to a street. (1) Mechanical Equipment. When located outside of a building, support equipment including air conditioning and heating devices, but not including plumbing or exhaust vents, or chimneys, shall be screened to the height of the particular piece of equipment, as follows: (i) Roof -mounted Equipment. To be screened by architectural features from the view of abutting streets. (ii) Equipment at Grade. When located on the ground adjacent to a building, mechanical equipment shall be screened by landscaping, a solid wall or fencing from the view of the street or surrounding properties. This subsection does not apply to single-family residential uses. (2) Outdoor Storage. To be screened on all sides by a wall or fencing. (3) Public Utility Substations. To be screened on all sides in a manner that will provide an effective visual barrier as well as the necessary safety clearances required by order of the California Public Utilities Commission. (4) Side and Rear Lot Lines. The side and rear property lines of all nonresidential uses are to be screened as follows: (i) Adjacent to a Residential Use or Zone. A solid wall or fencing shall be located on side and rear property lines of any nonresidential or nonagricultural use abutting a residential use or zone. (5) Swimming Pools. Yard areas with private swimming pools are to be fenced to discourage unsupervised access and use by small children. Such fencing is to be a minimum of four (4) feet high and equipped with a self-closing and self -latching gate. Latching devices are to be located at a minimum height of four (4) feet. Such fencing may be omitted where building walls abut the pool area, provided that the entire perimeter of the pool area is secured. (b) Exceptions to Fencing and Screening Requirements. (1) Buildings Abutting Property Lines. Required screening or fencing may be omitted along any lot line where a building wall exists immediately abutting the lot line. (2) Location Adjustment. Where property fencing or screening is required, the location may be adjusted (see Section 9-1.112 so the fencing may be constructed at or within the setback line, provided the areas between the fence and the property lines are landscaped, or in rural areas, retained in their natural vegetative state. (3) Planning Commission Modification. Any of the requirements of this section may be waived or modified through conditional use permit approval, provided the Planning Commission first finds that specifically identified characteristics of the site or site vicinity would make required fencing or screening unnecessary or ineffective. (c) Standards for Fencing and Screening Materials. All fencing and screening shall be llowed as follows• 41 Height. Fence and screen height shall be permitted as follows: (i) RS / RSF-Z Zones a. fencing within a required front or corner yard setback can be up to 5 feet in height \ provided that the top two feet remain a minimum of 80% visibility. \ Deleted: constructed Deleted: (1) Permit to Exceed Height. Conditional use permit approval is required where fencing is proposed to be greater than six (6) feet in height.¶ (2) Location. Fencing shall not be located within any required front setback except Where such fencing is three (3) feet or less in height.¶ Deleted: 3 Formatted: Indent: Left: 0.56" ITEM NUMBER DATE: 7.19.05 b. fencing within a required side or rear setback may be a maximum of 6 -feet in height (ii) RSF-Y / RSFA / RMF -10 / RMF -16 a. fencing within a required front or corner yard setback can be a maximum of 3 -feet in height. b. fencing within a required side or rear yard setback shall be a maximum of 6 -feet in height. (iii) Gateposts and other superstructures over site entrances and exits may be to twelve 12) feet in height, finished grade of the uphill lot. (2) Permit to Exceed Height. A Minor Conditional use permit approval is required where fencing is proposed to be greater than six (6) feet in height. 1 a) Screening Materials Substitution. Where screening is required to be a solid wall or I1 fence, the following materials may be substituted through adjustment (see Section 9- 1. 112), -1.112), except where screening is required adjacent to a residential use or zone: I (i) Landscape Screen. Screening plant materials may be substituted for a wall or fence, 1 where: (A) Proposed plant materials are certified in writing by a registered landscape architect as having the capability of achieving sixty (60) percent of total view blockage within eighteen (18) months of planting, and one hundred (100) percent of total view blockage within thirty-six (36) months of planting; and (B) The applicant agrees in writing to install solid fencing after the expiration of thirty- six (3 6) months, in the event that the landscaping has not totally blocked the view of areas required to be screened. (ii) Berms. A landscaped berm may be substituted for a wall or fence provided that the combination of berm and landscaping is no less than the required height of the fence or wall, and that the berm is constructed with a maximum slope of 3:1, with side slopes designed and planted to prevent erosion, and with a rounded surface a minimum of two (2) feet in width at the highest point of the berm, extending the length of the berm. The berm shall be planted with shrubs, lawn or groundcover. (iii),Chain-link fencing. Vinyl coated ghain-link fencing with gvergreen landscape screen planting may be substituted for a solid wall or fence in commercial and industrial zones except where screening fencing is required adjacent to residential uses and zones. Flag Lot Standards for Lot Line Adiustments Currently, there are no specific standards for lot line adjustments provided in Title 9 Planning and Zoning. The Subdivision Map Act limits local agencies to review Lot Line Adjustments based upon the general plan, zoning and building ordinances (Subdivision Map Act section 66412. Map Act Exclusions). The purpose of adding a section that reflects the requirements set forth in Title 11-6.26 Flag lots (deep lot subdivisions), is to assure that the relocation of lot lines coincide with the purpose and intent of the Zoning Ordinance, which "minimizes adverse effects on Deleted: Deleted: 3 Deleted: 3) Height. Walls and fences are not to be higher than six (6) feet Deleted: , except fences located at or within required setback lines may be up to twelve (12) feet in height 1 Deleted:. Gateposts and other Isuperstructures over site entrances and exits may be up to twelve (12) feet in height.¶ I Deleted: I1 Formatted: Font: Not Bold 1 Formatted: Font: Not Bold IFormatted: Font: Not Bold � Deleted: Deleted: 4 Deleted: Slatted Deleted: C Deleted: redwood slats ITEM NUMBER DATE: 7.19.05 the public resulting from the inappropriate creation, location, use or design of building sites, structures, or other land uses by providing appropriate standards for development" (AMC 9-1.101(b)). The text change will elucidate the requirement that lot line adjustments not create an adverse effect, such as land locking a developed parcel of land from a dedicated street. The proposed text amendment will incorporate the following section: -4.164 Lot Line Adjustment Review for Flag Lots. (a) The adjustment of all property lines containing a flag lot shall be permitted in accordance with the following design standards. (1) The original lot shall have frontage on a dedicated street. (2) The accessway to the rear lot shall be at least twenty (20) feet wide (developed to City standards) for residential zones, except where the accessway is more than one hundred fifty (150) feet long, it shall be at least twenty-four -four (24) feet wide with twenty (20) feet of pavement. For all other zones, the accessway shall be at least thirty (30) feet wide with a paved roadway at least twenty-four (24) feet wide. (3) The lot farthest from the street shall own the accessway in fee. Other lots using the accessway shall have an access and utility easement over it.. (4) Lots utilizing the accessway of a flaglot may be required to enter into a road maintenance agreement to insure perpetual maintenance and repair of the accessway. Landscaping Standards Formatted: Font: (Default) Times New Roman, 12 pt, Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold The purpose of amending the landscaping standards is to provide both staff and project applicants with direction and recommendations for landscaping areas within the multi- family and commercial zones. The proposed text amendment consists of the following changes Formatted: Not Highlight 9-4.116 Location of parking on a site. Required parking spaces may be located as needed on a proposed site, subject to the design and construction standards of Sections 9-4.117 and 9-4.119 and the following: (a) Use of Front Setback. Required parking spaces are not to be located within the required front setback - - Deleted: , except as provided by section (b) Use of Side and Rear Setbacks. Side and rear setbacks may be used for vehicle parking 9-4.106(b)(1). except on the street side of a corner lot and except where landscapingis s required by section�9-Formatted: Not Highlight 4.125. Formatted: Font color: Black ,9-4.119 Parki blot construction standards. Formatted: Indent: Left: 0", First line: 0.5" ITEM NUMBER DATE: 7.19.05 All parking areas containing three (3) or more off-street parking spaces are to be improved as follows, except as otherwise provided by this section. (a) Surfacing. All parking areas are to be surfaced with an asphalt, concrete, chip seal, or crushed rock surface, as specified in the following chart or as required by property development standards listed in this code. Where concrete or asphalt are required, brick or other masonry paving units may be substituted, including,turf block. Minimum Required Surface Parking Lot Turnover Location 7#igh Medium Low Inside urban Asphalt or Asphalt or Asphalt or services line concrete concrete concrete Outside urban Asphalt or Asphalt or Crushed rock �or services line concrete concrete chip seal (b) Lining and Marking. Parking spaces in paved parking areas shall be marked with paint striping, a minimum of two (2) inches in width. Parking spaces in other types of lots may be identified by wheel stop barriers. (c) Wheel Stops. Wheel stops or continuous concrete or asphalt curbing are required in all parking lots to define the perimeter of the parking area and to protect landscaping from vehicle encroachment. In addition, wheel stops are required for each parking space in a high turnover parking lot. Wheel stops shall be provided as follows: (1) Materials and Installation. Wheel stops shall be constructed of concrete, continuous concrete curbing, asphalt, timber, or other durable material not less than six (6) inches in height, or an approved functional equivalent. Wheel stops are to be securely installed and maintained as a safeguard against damage to adjoining vehicles, machinery or abutting property. (2) Setback. Wheel stops or other vehicle barriers shall be located approximately three (3) feet from the front of the parking space. (3) Functional Equivalent. Wherever possible, functional equivalents in the form of raised sidewalks or curbs surrounding planters or similar may be used in lieu of wheel stops. (d) Vertical Clearance. Covered parking spaces are to have a vertical clearance of at least seven (7) feet six (6) inches above the parking lot surface for all uses except residential. (e) Slope. The finished grade of a parking lot is not to exceed five (5) percent slope, unless approved by adjustment (Section 9-1.112). (f) Landscaping. A minimum of ten (10) percent of the interior of all parking lots shall be landscaped, in addition to any perimeter landscaping required by subsection (g) of this section. Shade trees are to be provided at approximately thirty (30) foot intervals along parking rows. Landscape fingers shall be a minimum of 6 -feet wide shall be provided everY eight (8) parking spaces. These landscaping requirements do not apply to parking lots that are underground or within buildings. Deleted: vertically oriented concrete block with the block cells planted with grass ITEM NUMBER DATE: 7.19.05 (g) Screening. (1) From Residential Areas. Parking lots that abut a residential zone shall be separated from such property by a landscaping strip with a minimum width of five (5) feet and a six (6) foot high / solid fence or wall. / (2) From Streets. Parking lots abutting a public street shall be separated from the street right -of- / / way by a landscaping strip with a minimum width of en 10 feet, and, where parking spaces are/ arranged to head toward the street, by a minimum three (3) foot high solid fence decorative wall or landscape equivalent located on the parking lot side of the landscaping strip, J9-4.12 r �a) Minimum Landscaped Area. - (1)In the following zoning districts, minimum landscape coverage based on the net site area are as follows: Single-family zoning districts: none (see Chapter 5 for second unit landscaping requirements) (ii) Multi -family Toning districts: Twenty —five percent (25%) (iii) Cnmmeroinl 7nnino district-, (exohulino nnwntnwn Cnmmercinl)• Ten nernent (1(1°/1 v Planned Development overla onindistricts: As required by the Master Plan of Development and Conditions of Approval. \ (2) Determination of Landscape Coverage Area. Landscape coverage area shall include all areas not covered by pavement or buildings including, but not limited to, open -space areas, planters and setback areas. Decorative pavement used within a common open -space area for recreational purposes may be included in the landscape coverage calculation. (3) Criteria for Reduced Landscaping. To encourage design excellence, the Community Development Director, Planning Commission, or City Council (depending on approval process) may decrease the minimum landscaped area, upon the following criteria: (i) Professionally designed landscaping, designs of special merit, decorative site elements, and preserving existing mature native trees are highly encouraged and considered in an ap lip cant's \ request to reduce required landscaping. on approval process) mqy grant a reduction of an applicant's landscape requirement by a total of up to fifty percent upon an applicant's demonstration of the criteria listed below: (A) Retention of existing on-site native trees with a minimum of 25% canopy cover retained over the project site. (B) Use of decorative pavement material such as pavers or colored stamped concrete over a minimum of 25% of the paved area of the site. (C). Installation of a varietv of tree and plant materials including ornamental species and native trees. (D) Use of box sized trees throughout the project site. (b) Where Required. The sites of all projects requiring approval, except for single-famil dwellings, are to be landscaped as follows;; Deleted: five Deleted: (5) Deleted: , or by a landscape berm, three (3) feet high Formatted: Font color: Black Deleted: Required landscaping Deleted: The sites of all projects requiring approval, except for single- family dwellings, are to be landscaped as follows Formatted: Indent: Left: 0" Formatted: Font: 12 pt Formatted: Indent: First line: 0" Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Indent: Left: 0" Deleted: a Deleted: Landscaping is to be p> ._: (il ITEM NUMBER DATE: 7.19.05 (1) Setbacks. All setback areas required by Section 9.4.103 or Chapter 9-6. except where enclosed and screened from the view of public streets and adjoining properties by solid fencing in accordance with Section 9-4.128 and except where a required setback is traversed by a driveway or sidewalk. (2) Unused Areas. All areas of a building site not identified on a site plar> intended for a specificD2leted: m a plot plan, precise plan, or use or purpose, except where enclosed and blocked from the view of public streets by solid conditional use permit application as fencing and/or buildings. (3) Parking Areas. As required by subsections (f) and (g) of Section 9-4.119. (4) Trash Enclosures. All trash enclosures shall be screened with landscaping unless built into the building. (5) Street Trees. Street trees shall be provided along all public and private street frontages at a minimum of 30 -feet on center. (fi) SLecial Use Sites. As required by Chapter 9-6 for specific land uses, for the purposes of ' Deleted: 4 screening, buffering or general landscaping. Formatted: Indent: Left: 0" Q) Where Required by Conditions of Approval. As set forth in conditions of approval adopted Deleted: 5 pursuant to Section 9-2.109(c)(2). (8) A minimum 5 -foot landscape strip must be provided within the side yard setback of all commercial and multi -family project sites except in locations where a reciprocal access easement exists with the adjacent lot or commercial building is located. This side yard width may be reduced to 3 -feet if decorative concrete pavement is utilized. (c) Exceptions to required landscgVingi1) Agriculture Zone. Except where required for a special Formatted: Indent: Left: 0" use by Chapter 9-6, setback and unused area landscaping in accordance with subdivisions (1) and Deleted: b (2) of subsection (a) of this section is not required where such areas are cultivated or maintained Deleted:.¶ in native vegetation. (2) Planning Commission Modification. Where conditional use permit approval is required, the Planning Commission may waive, modify or increase the landscaping requirements of this sections Deleted: subject to the following �f a finding can be made that pxistin& ye&etation topography or structural arran ementpreclude findings: the need for landscaping.Deleted: (i) Deleted: Existing ,9-4.126 Standards for landscaping materials._ Formatted: Font color: Black Landscape paterials used and their installation and maintenance is sub 'ect to the followin . JJ $ Formatted: Indent: Left: 0", First line: 0.5" provisions, except sin>;le-family residences within asingle-family residential zone:la) Allowable Formatted: Indent: Left: 0" Materials. Landscaping shall include some combination of the following materials, where Deleted: Where landscaping is required appropriate to achieve the intended or required purpose of the landscaping (e.g., screening, etc.): by section 9-4.125 the (1) Trees, shrubs, groundcover, vines, flowers or lawns (drought resistant plantings are preferred Deleted::q in order to minimize water use for landscaping); (2),pecorative Pavement, mulch, decorative boulders, or other decorative materials Deleted: Brick, bark, timber, decorative accordance with landscape coverage standards listed in section 9-4.125. rock (3) Natural features such as rock outcrops; Deleted: , provided that materials other (4) Structural features including fountains, pools, walls and fences. _ than plantings are not [o exceed fifty (50) percent of the total area of lanaseaping; (b) Excluded Materials. Landscaping proposed to satisfy the requirements of this title shall not Deleted: , amvork include any plant materials which: ITEM NUMBER DATE: 7.19.05 (1) Have root structures, that in their mature state may damage or interfere with the normal use of existing public or private underground electrical lines, cables, or conduits, pipes or other underground structures; or public or private sidewalks, curbs, gutters or paved parking and turnaround areas, drainage improvements, or adjacent structures, foundations or landscape materials. (2) Will have diminished potential for survival because of proposed locations or grouping that do not satisfy the needs of the plant material necessary for healthy growth. (3) Because of proposed location and type, will create a potential hazard of brush or forest fire. (4) Will obstruct the vision of vehicle operators or pedestrians at points of intersection between pedestrian and vehicular traffic. (c) Irrigation Required. Where landscaping is required to be installed by Section 9.125,,an automatic irri ag tion system shallbe provided. Irrigation plans shall be included on landscape l (d) Concrete Curbing. Where landscaping is required to be installed by Section 9-4.125, such landscaping shall be enclosed by raised concrete curbing or an approved functional equivalent. (e) Timing of Installation. All required plantings shall be in place prior to final unless a bond is approved by the Community Development Director, (f) Proper Maintenance Required. All required plantings shall be maintained in good growing condition, and in any case where a required planting has not survived, shall be replaced with new plant materials. A maintenance agreement may be recorded against the property in a form approved by the Community Development Director. Proposed Environmental Determination An Initial Study and proposed Negative Declaration for the project has been prepared with the recommended findings that there will be no significant adverse environmental impacts associated with this project application. Conclusion The proposed text amendments are consistent with the General Plan and which is implemented by the zoning ordinance. The proposed changes will clarify fencing, landscaping, and lot line adjustment requirements. ALTERNATIVES The Commission may recommend modifications of the text amendments to the City council. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to Deleted: such landscaping shall include provisions for irrigation, which may be by means of hose bibs located not more than fifty (50) feet from all areas of required landscaping, or by Deleted: , provided that where landscaping is substituted for screening fencing as provided by Section 9- 4.128(a)(4)(i), an automatic irrigation system is required. Deleted: before establishment of a use or issuance of a certificate of occupancy, except for single-family dwellings and mobilehomes ITEM NUMBER DATE: 7.19.05 develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may recommend the City Council deny the project. The Commission should specify the reasons for denial of the project and recommend an associated finding with such action. PREPARED BY: Lisa Wilkinson, Assistant Planner Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1: Initial Study and Draft Negative Declaration Attachment 2: Draft Resolution 2005-0043 Attachment 3: Draft Resolution 2005-0051 ITEM NUMBER DATE: 7.19.05 ATTACHMENT 1: Initial Study and Draft Negative Declaration 2005-0043 SEE FOLLOWING ITEM NUMBER: 2 DATE: 7.19.05 ATTACHMENT 2: Draft Resolution PC 2005-0043 DRAFT RESOLUTION PC 2005-0043 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL CERTIFY PROPOSED NEGATIVE DECLARATION 2004-0043 PREPARED FOR ZONE CHANGE 2005-0100 (Citywide/City of Ataseadero) WHEREAS, an application has been received from the City of Atascadero (6905 El Camino Real, Suite 6), to consider a project consisting of Zone Change Text Amendments; and, WHEREAS, an Initial Study and Proposed Negative Declaration 2004-0043 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on July 19, 2005 following the close of the review period to consider the Initial Study and Proposed Negative Declaration; and, WHEREAS, the Planning Commission has determined that the project will have no significant impacts with project specific mitigation measures incorporated; and, NOW THEREFORE, the Planning Commission of the City of Atascadero, hereby resolves to recommend that the City Council certify Proposed Negative Declaration 2004-0043 based on the following Findings, and as shown in Exhibit A: 1. The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, 2. The Proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, 3. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project; and, 4. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, ITEM NUMBER: 2 DATE: 7.19.05 5. The project does not have impacts which are individually limited, but cumulatively considerable; and, 6. The project will not cause substantial adverse effects on human beings either directly or indirectly; and, 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 Proposed Negative Declaration 2005-0043 —siu? a T - ,0so+DM ITEM NUMBER DATE: 7.19.05 Wr CITY OF ATASCADERO PROPOSED NEGATIVE DECLARATION #2005-0043 6905 EI Camaro Real, Suite 6. Atascadcro, CA 93422 805/461-5000 Applicant: City of Atascadero. 6905 EI Camino Real, Suite 6. Atascadero, CA 91422 Phone: 805461-5000 Project Title: Zone Change 2005.0100, Title 9 Planning and Zoning Text Amendments Project Jbmmum landscape areas: all Residential Multi -Family and Conuncrcial zones. Location: Reference Title I I Chapter 6 into Title 9 Chapter 1 under Lot Line Adjustmcm: Citywide Fencing and Screening Standards: City-wide Project The project consists of a revision to portions of Title 9 Planning and Zoning, of the Atascadcro Description: Municipal Code (AMC). The amendments include the following: define a minimum landscaping area applied to Residential Multi -Family and Commercial zoning designations (AMC 9.4.125); incorporate existing portions of Title I 1 Subdivisions, Chapter 6 Flag Lots (deep lot subdivisions) into Title 9- 1.119 and Title 9.4 for Lot Line Adjustments; and update fencing and screening standards (AMC 9- 4.128). Findings: I. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. 3. The project docs not have impacts which are individually limited, but cumulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. Determination: Based on the above findings, and the information contained in the initial study 2005-0043 (made a part hereof by reference and on file in the Community Development Department), it has been determined that the above project will not have an adverse impact on the environment. Prepared By: Lisa Wilkinson, Assistant Planner Date Posted: June 28, 2005 Public Review Ends: July 17, 2005 Attachments: Initial Study 2005-0043 t,.,.vw.rrnne. n. o.,.n.o„nru 6905 EL CAMINO REAL, SUITE. 6 • ATASCADERO, CA 93422 • (805) 461-5000 • FAX 461-7612 ITEM NUMBER: 2 DATE: 7.19.05 ATTACHMENT 3: Draft Resolution PC 2005-0051 DRAFT RESOLUTION PC 2005-0051 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND THE ATASCADERO MUNICIPAL CODE BY APPROVING ZONE CHANGE 2005-0100 TO ESTABLISH DEVELOPMENT STANDARDS FOR FENCE HEIGHT, LOT LINE ADJUSTMENTS AFFECTING FLAG LOTS, AND LANDSCAPE REQUIREMENTS (Citywide/City of Atascadero) WHEREAS, an application has been received from the City of Atascadero (6905 El Camino Real, Suite 6), to consider Zone Change Text Amendments to establish development standards for fence height, lot line adjustments affecting flag lots, and landscape requirements; and, WHEREAS, an Initial Study and Draft Negative Declaration 2004-0043 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Code Text to protect the health, safety, and welfare of its citizens by applying orderly development and expanding housing opportunities within the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said zoning text amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on July 19, 2005, studied and considered Zone Change 2005-0100, after first studying and considering the Draft Negative Declaration prepared for the project, and, ITEM NUMBER DATE: 7.19.05 NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of a Zone Text Change. The Planning Commission finds as follows: 1. The zone change is consistent with General Plan policies and all other applicable ordinances and policies of the City. 2. Amendment of the zoning ordinance will provide for the orderly and efficient use of lands where such development standards are applicable. 3. The zone change will not, in itself, result in significant environmental impacts. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on July 19, 2005 resolved to recommend that the City Council introduce for first reading by title only, an ordinance that would amend the City Zoning code text with the following: 9-4.104 Exceptions to setback standards. The minimum setback requirements of this title apply to all uses except the following (see also Section 9-4.110): ,W) Ur covered decks, terraces, steps, earthworks and other similar landscaping or design elements placed directly on finished grade that do not exceed an average height of thirty (30) I inches above the surrounding finished grade, provided that no such wood structure shall extend closer than eighteen (18) inches to a property line. 9-4.128 Fencing and screening. Standards for fencing and screening are established by this section to protect certain uses from intrusion, to protect the public from uses that may be hazardous, and to increase compatibility between different land uses by visual screening. Fencing is the enclosure of an area by the materials identified in subsection (c) of this section. Screening is the enclosure of an area by a visual barrier, which may include solid fencing or other materials as specified in subsection (c) of this section, (a) Fencing and Screening: Where Required. Within the urban services line the uses and areas listed in this subsection shall be fenced and/or screened as indicated. Unless otherwise specified, fencing and screening are to be a minimum height of six (6) feet. Fencing and screening materials of a height greater than three (3) feet shall not be located within a required front setback or side setback adjacent to a street. Deleted: (a) Fences, hedges or walls six feet or less in height above site finish grade, when located in a required side or rear setback.¶ (b) Fences, hedges or walls three feet or less in height, when located in a required front setback.¶ (1) Allowed Adjustment: The exemption for fences, hedges or walls in the front setback that do not exceed three (3) feet in height may be expanded, pursuant to Section 9-1.112 (Adjustment), to include fences, hedges or walls up to five (5) feet in height, provided the following findings are made in the affmnative by the Community Development Director:¶ (i) Pillars, posts, or other supporting portions of the fence do not exceed a height of six (6) feet; and¶ (ii) Sight -obscuring portions of the fence exceeding six (6) inches in width do not exceed two (2) feet in width and are separated from each other by at least sixteen (16) feet; and¶ (iii) At least eighty percent (80%) visibility will be retained through portions of the fence that exceed three (3) feet in height; and¶ (iv) The fence is architecturally compatible with existing structures on the property and consistent in character and appearance with other fences and structures in the neighborhood; and¶ (v) The fence will not impair safe sight distance for vehicular traffic nor result in any other potential adverse impact on human health and safety.¶ Deleted: c ITEM NUMBER DATE: 7.19.05 (1) Mechanical Equipment. When located outside of a building, support equipment including air conditioning and heating devices, but not including plumbing or exhaust vents, or chimneys, shall be screened to the height of the particular piece of equipment, as follows: (i) Roof -mounted Equipment. To be screened by architectural features from the view of abutting streets. (ii) Equipment at Grade. When located on the ground adjacent to a building, mechanical equipment shall be screened by landscaping, a solid wall or fencing from the view of the street or surrounding properties. This subsection does not apply to single-family residential uses. (2) Outdoor Storage. To be screened on all sides by a wall or fencing. (3) Public Utility Substations. To be screened on all sides in a manner that will provide an effective visual barrier as well as the necessary safety clearances required by order of the California Public Utilities Commission. (4) Side and Rear Lot Lines. The side and rear property lines of all nonresidential uses are to be screened as follows: (i) Adjacent to a Residential Use or Zone. A solid wall or fencing shall be located on side and rear property lines of any nonresidential or nonagricultural use abutting a residential use or zone. (5) Swimming Pools. Yard areas with private swimming pools are to be fenced to discourage unsupervised access and use by small children. Such fencing is to be a minimum of four (4) feet high and equipped with a self-closing and self -latching gate. Latching devices are to be located at a minimum height of four (4) feet. Such fencing may be omitted where building walls abut the pool area, provided that the entire perimeter of the pool area is secured. (b) Exceptions to Fencing and Screening Requirements. (1) Buildings Abutting Property Lines. Required screening or fencing may be omitted along any lot line where a building wall exists immediately abutting the lot line. (2) Location Adjustment. Where property fencing or screening is required, the location may be adjusted (see Section 9-1.112 so the fencing may be constructed at or within the setback line, provided the areas between the fence and the property lines are landscaped, or in rural areas, retained in their natural vegetative state. (3) Planning Commission Modification. Any of the requirements of this section may be waived or modified through conditional use permit approval, provided the Planning Commission first finds that specifically identified characteristics of the site or site vicinity would make required fencing or screening unnecessary or ineffective. (c) Standards for Fencing and Screening Materials. All fencing and screening shall be 11,E owed as follows: ,0) Height. Fence and screen height shall be permitted as follows: (i) RS / RSF-Z Zones a. fencing within a required front or corner yard setback can be up to 5 feet in height provided that the top two feet remain a minimum of 80% visibility. b. fencing within a required side or rear setback may be a maximum of 6 -feet in height (ii) RSF-Y / RSF-X / RMF -10 / RMF -16 a. fencing within a required front or corner yard setback can be a maximum of 3 -feet in height. b. fencing within a required side or rear yard setback shall be a maximum of 6 -feet in height. Deleted: constructed Deleted: (1) Permit to Exceed Height. Conditional use permit approval is required where fencing is proposed to be greater than six (6) feet in height.¶ (2) Location. Fencing shall not be located within any required front setback except where such fencing is three (3) feet or less in height.¶ Deleted: 3 Formatted: Indent: Left: 0" Formatted: Indent: Left: 0" ITEM NUMBER DATE: 7.19.05 (iii) Gateposts and other superstructures over site entrances and exits may be up to twelve (12) feet in height. grade of the uphill lot. (2) Permit to Exceed Height. A Minor Conditional use permit approval is required where fencing is proposed to be greater than six (6) feet in height. 1 (3) Screening Materials Substitution. Where screening is required to be a solid wall or fence, the I following materials may be substituted through adjustment (see Section 9-1.112), except where 1 screening is required adjacent to a residential use or zone: I (i) Landscape Screen. Screening plant materials may be substituted for a wall or fence, where: (A) Proposed plant materials are certified in writing by a registered landscape architect as having the capability of achieving sixty (60) percent of total view blockage within eighteen (18) months of planting, and one hundred (100) percent of total view blockage within thirty-six (3 6) months of planting; and (B) The applicant agrees in writing to install solid fencing after the expiration of thirty-six (36) months, in the event that the landscaping has not totally blocked the view of areas required to be screened. (ii) Berms. A landscaped berm may be substituted for a wall or fence provided that the combination of berm and landscaping is no less than the required height of the fence or wall, and that the berm is constructed with a maximum slope of 3:1, with side slopes designed and planted to prevent erosion, and with a rounded surface a minimum of two (2) feet in width at the highest point of the berm, extending the length of the berm. The berm shall be planted with shrubs, lawn or groundcover. (iii),Chain-link fencing Vinyl coated,&in-link fencingwwith,gvergreen landscape screen lap nting may be substituted for a solid wall or fence in commercial and industrial zones except where screening fencing is required adjacent to residential uses and zones. .94.164 Lot Line Adjustment Review for Flag Lots. (a) The adjustment of all property lines containing a flag lot shall be permitted in accordance with the following design standards. (1) The original lot shall have frontage on a dedicated street. (2) The accessway to the rear lot shall be at least twenty (20) feet wide (developed to City standards) for residential zones, except where the accessway is more than one hundred fifty (150) feet long, it shall be at least twenty-four (24) feet wide with twenty (20) feet of pavement. For all other zones, the accessway shall be at least thing (30) feet wide with a paved roadway at least twenty-four (24) feet wide. (3) The lot farthest from the street shall own the accessway in fee. Other lots using the accessway shall have an access and utility easement over it, (4) Lots utilizing the accessway of a flaglot ma, by e required to enter into a road maintenance agreement to insure perpetual maintenance and repair of the accessway. Deleted: ( Deleted: 3 Deleted: 3) Height. Walls and fences are not to be higher than six (6) feet Deleted: , except fences located at or within required setback lines may be up to twelve (12) feet in height Deleted:. Gateposts and other superstructures over site entrances and exits may be up to twelve (12) feet in height.¶ Deleted: Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Deleted: Deleted: 4 Deleted: Slatted Deleted: C Deleted: redwood slats Formatted: Font: (Default) Times New Roman, 12 pt, Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold ITEM NUMBER DATE: 7.19.05 9-4.116 Location of parking on a site. Required parking spaces may be located as needed on a proposed site, subject to the design and construction standards of Sections 9-4.117 and 9-4.119 and the following: (a) Use of Front Setback. Required parking spaces are not to be located within the required front setback Deleted. , except as provided by section (b) Use of Side and Rear Setbacks. Side and rear setbacks may be used for vehicle parking 9-4.106(b)(1). except on the street side of a corner lot and except where landscapingis s required by section - Formatted: root Hignliynt 4.125. Location High Medium Low Inside urban Formatted: Font color: Black J94.119 Parki blot construction standards. Formatted: Indent: Left: 0", First All parking areas containing—three—(3) or more off-street parking spaces are to be improved as line: 0.5" follows, except as otherwise provided by this section. concrete (a) Surfacing. All parking areas are to be surfaced with an asphalt, concrete, chip seal, or crushed rock surface, as specified in the following chart or as required by property development standards listed in this code. Where concrete or asphalt are required, brick or other masonry paving units may be substituted, including turf block. Deleted: vertically oriented concrete block with the block cells planted with grass Minimum Required Surface Parking Lot Turnover Location High Medium Low Inside urban Asphalt or Asphalt or Asphalt or services line concrete concrete concrete Outside urban Asphalt or Asphalt or Crushed rock services line concrete concrete �or chip seal (b) Lining and Marking. Parking spaces in paved parking areas shall be marked with paint striping, a minimum of two (2) inches in width. Parking spaces in other types of lots may be identified by wheel stop barriers. (c) Wheel Stops. Wheel stops or continuous concrete or asphalt curbing are required in all parking lots to define the perimeter of the parking area and to protect landscaping from vehicle encroachment. In addition, wheel stops are required for each parking space in a high turnover parking lot. Wheel stops shall be provided as follows: (1) Materials and Installation. Wheel stops shall be constructed of concrete, continuous concrete curbing, asphalt, timber, or other durable material not less than six (6) inches in height, or an approved functional equivalent. Wheel stops are to be securely installed and maintained as a safeguard against damage to adjoining vehicles, machinery or abutting property. (2) Setback. Wheel stops or other vehicle barriers shall be located approximately three (3) feet from the front of the parking space. ITEM NUMBER DATE: 7.19.05 (3) Functional Equivalent. Wherever possible, functional equivalents in the form of raised sidewalks or curbs surrounding planters or similar may be used in lieu of wheel stops. (d) Vertical Clearance. Covered parking spaces are to have a vertical clearance of at least seven (7) feet six (6) inches above the parking lot surface for all uses except residential. (e) Slope. The finished grade of a parking lot is not to exceed five (5) percent slope, unless approved by adjustment (Section 9-1.112). (f) Landscaping. A minimum of ten (10) percent of the interior of all parking lots shall be landscaped, in addition to any perimeter landscaping required by subsection (g) of this section. Shade trees are to be provided at approximately thirty (30) foot intervals along parking rows. Landscape fingers shall be a minimum of 6 -feet wide shall be provided every eight (8) parking spaces. These landscaping requirements do not apply to parking lots that are underground or within buildings. (g) Screening. (1) From Residential Areas. Parking lots that abut a residential zone shall be separated from such property by a landscaping strip with a minimum width of five (5) feet and a six (6) foot high / solid fence or wall. / (2) From Streets. Parking lots abutting a public street shall be separated from the street right-of- way by a landscaping strip with a minimum width of en 10 feet; and, whereaarking spaces are arranged to head toward the street, by a minimum three (3) foot high solid fence decorative wall or landscape equivalent located on the parking lot side of the landscaping stripes / ,9-4.1252 Landscape Standards. / .(a) Minimum Landscaped Area. - (1)In the following zoning districts, minimum landscape coverage based on the net site area are as follows: Single-family zoning districts: none (see Chapter 5 for second unit landscaping requirementsJU = (ii) Multi -family zoning districts: Twenty -five percent (2K/O (iii) Commercial tonin¢ district-, (exchtdincFDnwntnwn Commereiall• Ten nercent (1(1%) Development and Conditions of Approval. not covered by pavement or buildings including, but not limited to, open -space areas, planters, and setback areas. Decorative pavement used within a common open -space area for recreational purposes may be included in the landscape coverage calculation. (3) Criteria for Reduced Landscaping. To encourage design excellence, the Community may decrease the minimum landscaped area, upon the following criteria: (i) Professionally designed landscaping, designs of special merit, decorative site elements, and preserving existing mature native trees are highly encouraged and considered in an applicant's request to reduce required landscaping. Deleted: five Deleted: (5) Deleted: , or by a landscape berm, three (3) feet high Formatted: Font color: Black Deleted: Required landscaping Deleted: The sites of all projects requiring approval, except for single- family dwellings, are to be landscaped as follows Formatted: Indent: Left: 0" Formatted: Font: 12 pt Formatted: Indent: First line: 0" Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt ITEM NUMBER DATE: 7.19.05 (ii) The Communi Develo ment Director Planning Commission or City Council de endin Formatted: Font: 12 pt J on approval process) may grant a reduction of an applicant's landscape requirement by a total ofFormatted: Font: 12 pt Lip to fifty percent upon an applicant's demonstration of the criteria listed below: Formatted: Font: 12 pt (A) Retention of existing on-site native trees with a minimum of 25% canopy cover retained over Formatted: Font: 12 pt the project site. Formatted: Font: 12 pt (B) Use of decorative pavement material such as pavers or colored Stamped concrete over a minimum of 25% of the paved area of the site. Formatted: Font: 12 pt (C). Installation of a variety of tree and plant materials including ornamental species and native Formatted: Font: 12 pt trees. (D) Use of box sized trees throughout the project site. Formatted: Font: 12 pt �) Where Required. The sites of all projects requiring approval, except for single-family t Formatted: Indent: Left: 0" dwellings, are to be landscaped as follows~; Deleted: a (1) Setbacks. All setback areas required by Section 9.4.103 or Chapter 9-6. except where Deleted: Landscaping is to be provided enclosed and screened from the view of public streets and adjoining properties by solid fencing in the following locations in accordance with Section 9-4.128 and except where a required setback is traversed by a driveway or sidewalk. (2) Unused Areas. All areas of a building site not identified on a site pla intended for a specific Deleted: in a plot plan, precise plan, or use or purpose, except where enclosed and blocked from the view of public streets by solid conditional use permit application as fencing and/or buildings. (3) Parking Areas. As required by subsections (f) and (g) of Section 9-4.119. (4) Trash Enclosures. All trash enclosures shall be screened with landscaping unless built into the building. (5) Street Trees. Street trees shall be provided along all public and private street fronts eg s at a minimum of 30 -feet on center. (6) SLecial Use Sites. As required by Chapter 9-6 for specific land uses, for the Rurposes of t Formatted: Indent: Left: 0" screening, buffering or general landscaping. Deletes: a (7) Where Required by Conditions of Approval. As set forth in conditions of approval adopted Deletes: s pursuant to Section 9-2.109(c)(2). (8) A minimum 5 -foot landscape strip must be provided within the side yard setback of all commercial and multi -family project sites except in locations where a reciprocal access easement exists with the adjacent lot or commercial building is located. This side yard width may be reduced to 3 -feet if decorative concrete pavement is utilized. (F) Exceptions to required landscapinJl) Agriculture Zone. Except where required for a special Formatted: Indent: Left: 0" use by Chapter 9-6, setback and unused area landscaping in accordance with subdivisions (1) and Deleted: Mb (2) of subsection (a) of this section is not required where such areas are cultivated or maintained — Deleted:.¶ in native vegetation. (2) Planning Commission Modification. Where conditional use permit approval is required, the Planning Commission may waive, modify or increase the landscaping requirements of this section Deleted: subject to the following �f a finding can be made that gxisting vegetation topography or structural arrangement preclude— findings: the need for landscaping. Deleted: (i) Deleted: Existing ,9-4.126 Standards for landsca ing materials. Formatted: Font color: Black Formatted: Indent: Left: 0", First line: 0.5" ITEM NUMBER DATE: 7.19.05 Landscaper�I aterials used and their installation and maintenance is subject to the following provisions, except single-family residences within a single-family residential zone: la� Allowable Materials. Landscaping shall include some combination of the following materials, where appropriate to achieve the intended or required purpose of the landscaping (e.g., screening, etc.): (1) Trees, shrubs, groundcover, vines, flowers or lawns (drought resistant plantings are preferred in order to minimize water use for landscaping); (2) Decorative Pavement, mulch, decorative boulders, or other decorative materials n accordance with landscape coverage standards listed in section 9-4.125. (3) Natural features such as rock outcrops; (4) Structural features including fountains, -Donds, walls and fences. (b) Excluded Materials. Landscaping proposed to satisfy the requirements of this title shall not include any plant materials which: (1) Have root structures, that in their mature state may damage or interfere with the normal use of existing public or private underground electrical lines, cables, or conduits, pipes or other underground structures; or public or private sidewalks, curbs, gutters or paved parking and turnaround areas, drainage improvements, or adjacent structures, foundations or landscape materials. (2) Will have diminished potential for survival because of proposed locations or grouping that do not satisfy the needs of the plant material necessary for healthy growth. (3) Because of proposed location and type, will create a potential hazard of brush or forest fire. (4) Will obstruct the vision of vehicle operators or pedestrians at points of intersection between pedestrian and vehicular traffic. (c) Irrigation Required. Where landscaping is required to be installed by Section 9.125,,an automatic irrigation system shall be provided. Irrigation plans shall be included on landscape (d) Concrete Curbing. Where landscaping is required to be installed by Section 9-4.125, such landscaping shall be enclosed by raised concrete curbing or an approved functional equivalent. (e) Timing of Installation. All required plantings shall be in place prior to final unless a bond is approved by the Community Development Director, (f) Proper Maintenance Required. All required plantings shall be maintained in good growing condition, and in any case where a required planting has not survived, shall be replaced with new plant materials. A maintenance agreement may be recorded against the property in a form approved by the Community Development Director. Formatted: Indent: Left: 0" Deleted: Where landscaping is required by Section 9-4.125 the Deleted: :T Deleted: Brick, bark, timber, decorative rock Deleted: , provided that materials other than plantings are not to exceed fifty (50) percent of the total area of landscaping; Deleted: pools, artwork Deleted: such landscaping shall include provisions for irrigation, which may be by means of hose bibs located not more than fifty (50) feet from all areas of required landscaping, or by Deleted: , provided that where landscaping is substituted for screening fencing as provided by Section 9- 4.128(a)(4)(i), an automatic irrigation system is required. Deleted: before establishment of a use or issuance of a certificate of occupancy, except for single-family dwellings and mobilehomes ITEM NUMBER DATE: 7.19.05 BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Page 7: [1] Deleted kgleason 7/14/2005 9:19:00 AM Landscaping is to be provided in the following locations ITEM NUMBER: 3 DATE: 7-19-05 IL X� Atascadero Planning Commission Staff Report - Community Development Department Conditional Use Permit 2002-0076 Amendment Gary Bang Harley Davidson Motorcycle Dealership (7935 San Luis Avenue, Bang) SUBJECT: The proposed Conditional Use Permit Amendment consists of a request to modify the approved sign program to allow additional building signage and an increase in pole sign area. RECOMMENDATION: 1. The Planning Commission adopt Resolution PC 2005-0053 to approve the amendment to CUP 2002-0076 modifying the building and pole sign standards. SITUATION AND FACTS: 1. Applicant / Representative: Gary Bang Harley Davidson 7935 San Luis Avenue, Atascadero, CA 93423 2. Project Address: 7935 San Luis Avenue, Atascadero, CA 93422 (San Luis Obispo County) 030-241-066 3. General Plan Designation: Service Commercial (SC) 4. Zoning District: Commercial Service (CS) 5. Site Area: Approx 1.82 Acres 6. Existing Use: Harley Davidson Dealership 7. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2002-0041 ITEM NUMBER: 3 DATE: 7-19-05 DISCUSSION: Background On December 17, 2002, the Planning Commission approved Conditional Use Permit 2002-0076 to establish a Harley Davidson Dealership at 7935 San Luis Avenue. The original approved sign plan specified that pole sign area would be 76 square feet and signs on the west and south sides of buildings would be permitted as they are today. On May 27, 2005, the applicant applied for an amendment to Conditional Use Permit 2002-0076 requesting that the pole sign area be enlarged and additional lettering be added to the west and south sides of the building. Project Definition The applicant is proposing to modify the building and pole signage as follows: 1. Building Signage The applicant is proposing to add signage to the South and West fagade of the building as shown below. The proposed additional entrance signage will be illuminated while the south fagade will include non -illuminated signage. West Fagade: Proposed (Illuminated) Existing ITEM NUMBER: 3 DATE: 7-19-05 South Fagade: Proposed (non -Illuminated) .� �. Existing 2. Pole Sign The applicant is proposing to consolidate two previously approved signs and increase the area of the Harley Davidson logo sign as shown below. Previously Approved Signage 9 76 S.F. SIGN AREA ' 26 S.F. SIGN AREA 1 a; IiCIt MOTOR PC -t STEEL POLE t ILLUMNATED POLE MOUNTED SIGN (DOUBLE SIDED) TO BE LOCATED DIRECTLY BEHIND CORNER KIOSK 102 square -feet combined sign area Proposed Signage ITEM NUMBER: 3 DATE: 7-19-05 Environmental Determination The proposed request is consistent with Certified Mitigated Negative Declaration 2002- 0041. CONCLUSION: The proposed request is consistent with the architectural scale of the building. Staff recommends that the Planning Commission approve resolution PC 2005- 0053to amend the sign program for the site. ALTERNATIVES: 1. The Planning Commission may deny the proposed amendment. 2. The Planning Commission may continue the hearing and refer the project back to staff for further analysis. Direction should be given to staff and the applicant on required additional information. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1: Location Map (General Plan & Zoning) Attachment 2: Draft Resolution PC 2005-0053 ITEM NUMBER DATE: 7-19-05 Attachment 1: Location Map, General Plan and Zoning Zoning: Commercial Service General Plan: Service Commercial Attachment 2: Draft Resolution PC 2005-0053 DRAFT RESOLUTION PC 2005-0053 RESOLUTION OF THE ATASCADERO PLANNING COMMISSION APPROVING AMENDMENT TO CONDITIONAL USE PERMIT 2002-0076 TO INCREASE POLE AND BUILDING SIGN AREA ON AN EXISTING COMMERCIAL BUILDING (7935 San Luis Avenue / Bang) WHEREAS, an application has been received from Gary Bang (7935 San Luis Ave, Atascadero, CA 93422), Applicant and Property Owner, to consider a project consisting of an amendment to Conditional Use Permit 2002-0076 to allow additional pole and building signage on APN 030-241-066 and, WHEREAS, the proposed project is located within the SC (Service Commercial) land use designation of the City of Atascadero's General Plan Land Use Diagram; and, WHEREAS, the proposed project is located within the CS (Commercial Service) Zoning District, WHEREAS, the project is consistent with certified Mitigated Negative Declaration 2002-0041; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on July 19, 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 Master Plan of Development on the subject site; 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 Consistency. The Planning Commission finds as follows: The proposed project has been analyzed adequately in Certified Mitigated Negative Declaration 2002-0041 for the original Conditional Use Permit for the project site development. 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 projector 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 an amendment to Conditional Use Permit 2002-0076 to increase pole sign area as well as enhance south and west signs with additional sign lettering (APN 030-241-066), consistent with the following Exhibits: EXHIBIT A: Sign Locations on-site EXHIBIT B: Approved Existing Sign Program EXHIBIT C: Proposed Illuminated Pole Sign EXHIBIT D: Proposed Wall Lettering 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: Sign Locations Exhibit B: Approved Existing Signs BUILDING AND SITE SIGNWORK FOR GARY BANG HARLEY-DAVIDSON N.E. CORNER CURBARIL AND SAN LUIS AVENUES ATASCADERO. CA. 20'•0- 72 S.F. SIGN AREA ILLUMINATED BUILDING SIGN: TO BE LOCATED AT GABLE END OF BUILDING ON CURBARIL AVENUE SIDE IUTALEIOAVIDSON 44 S.F. SIGN AREA ILLUMINATED BUILDING SIGNS (3 TOTAL) : TO BE LOCATED ON STEEL GRILLEWORK AT ENTRY AREA TOWER / KIOSK 10'-0' 0 0 76 S.F. SIGN AREA 26 S.F. SIGN AREA 1 a 61CAM M010RC1CL " T-7' — STEEL POLE ILLUMINATED POLE MOUNTED SIGN (DOUBLE SIDED) : TO BE LOCATED DIRECTLY BEHIND CORNER KIOSK Exhibit C: Proposed Illuminated Pole Sign Er' rRLEY-DQ =*--4 1 I--_/ T ---f,� Total sign area: 109 I square feet POE[ N -I 1/2' L53/' 56'-0* S1'-0' 16' POLL -- 2• EUM CONNA COKWE FOOTM Exhibit D: Proposed Wall Lettering West Wall SMw SWAM WOO D&N M&MCT!�� Total Sign Area: 11.83 'ON= r -e r -e r-.• r.r r -r Ir -e r -.r r .• square feet Mw f/ Uff MIR I Vr aiam r -r r r -r r -r ra• r r -C r_r South Wall Non - Illuminated Illuminated Proposed (Illuminated) Existing roposed on -Illuminated) Existing ITEM NUMBER: 4 DATE: 7-19-05 Atascadero Planning Commission Staff Report - Community Development Department Master Plan of Development Amendment Conditional Use Permit Amendment 2003-0090 (5460 Mariquita Avenue/ Fetyko) SUBJECT: The proposed Conditional Use Permit Amendment consists of a request to remove the window trim condition for the three new homes as approved with the original Master Plan of Development and subsequent building permits associated with the Planned Development No. 7 residential project. RECOMMENDATION: The Planning Commission may either approve or deny the request, as follows: 1. The Planning Commission adopt Resolution PC 2005-0041 to approve CUP 2003-0090 amending Master Plan of Development (Conditional Use Permit 2003-0090) to eliminate window trim on the three new homes on parcels A, B, and C, based on findings and subject to conditions of approval. Denial would require the applicant to apply window trim as originally approved by the City Council. SITUATION AND FACTS: 1. Applicant / Representative: D. A. Fetyko, Inc. P.O. Box 1999, Atascadero, CA 93423 2. Project Address: 5460 Mariquita Avenue, Atascadero, CA 93422 (San Luis Obispo County) (APN 029-292-024) 3. General Plan Designation: Medium -Density Residential (10 units/acre) 4. Zoning District: RMF -10 (Residential Multiple Family)/PD 7 5. Site Area: (4 Single -Family Residential Lots) ITEM NUMBER: 4 DATE: 7-19-05 6. Existing Use: Single -Family Residential Planned Development No. 7 subdivision 7. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2003-0011 DISCUSSION: Background On September 23, 2003, the City Council approved the Mariquita Planned Development #7. The PD -7 includes a Conditional Use Permit in the form of a Master Plan of Development that establishes the site plan, landscape, architecture, development standards, and site amenities. On October 14, 2003, City Council reviewed and approved the proposed subdivision, per the Master Plan of Development and conditions of approval. During building permit plan check, staff verified that the building plans matched the approved Master Plan of Development, including the window trim that was clearly identified on the building plans. During project construction, the applicant failed to apply the window trim as identified on the building plans. On March 18, 2005, the applicant requested staff provide a final inspection of the project site. Upon inspection, staff noted that window trim was to be installed as identified on the approved building plans and Master Plan of Development. On June 8, 2005, the applicant applied for an Amendment to the Master Plan of Development, requesting that the window trim be removed. Analysis Applicant's Justification: According to the applicant: (1) the window trim should not be a requirement; and (2) the window trim could not be added without disturbing the stucco fagade around each window. Staff Response: The approved Master Plan of Development contains special amenities that in whole, create a high-quality subdivision. The Planned Development/Master Plan of Development is an approval for smaller lots in exchange for improved design elements. Architectural detailing typically includes either recessed windows or applied window trim. The proposed project was originally designed by the architect to respect the preservation of the existing on-site colony house as a historic resource. The proposed architecture and materials were incorporated into the project as mitigation toward reducing potentially significant impacts to historic resources to a level of insignificance. Staff's position is that the window trim was a design feature that helped the new units blend with the historic colony house. Staff's understanding is that foam ITEM NUMBER: 4 DATE: 7-19-05 window trim can be applied with a bonding agent to each home without disturbing the existing stucco finish. During the building permit process, staff reviews Planned Developments with special attention to the Master Plan of Development amenities to assure that the project development meets the Planning Commission and City Council approval expectations. In addition, staff remains flexible when certain materials or technologies are available that will allow substitution of materials or design elements to achieve the same design intent as contained within the Master Plan of Development. Although not permitted by staff, the Planning Commission may make minor changes to the Master Plan of Development per condition # 4 which states: "The Community Development Department shall have the authority to approve the following minor changes to the project: (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." The Planning Commission must determine if there is legitimate justification for the applicant's request. Environmental Determination The proposed request is inconsistent with Certified Mitigated Negative Declaration 2003-0011 due to the historic resource (colony home) analysis which was partially based upon proposed architectural treatment of the adjacent new homes. CONCLUSION: The proposed request is an unusual method to waive an architectural feature of a Single -Family Residential Planned Development. As the request would eliminate a standard that is consistently applied to all other Planned Developments, and is inconsistent with the Environmental Analysis for historic resources, staff is recommending that the request to delete window trim be denied. ALTERNATIVES: 1. The Planning Commission may add conditions to the proposed request. 2. 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. ITEM NUMBER: 4 DATE: 7-19-05 PREPARED BY: Steve McHarris, Deputy Community Development Director ATTACHMENTS: Attachment 1: Location Map (General Plan & Zoning) Attachment 2: Draft Resolution PC 2005-0041 Exhibit A: Conditions of Approval Exhibit B: Approved CUP Site Plan Exhibit C: Approved Building Elevations ITEM NUMBER: 4 DATE: 7-19-05 Attachment 1: Location Map, General Plan and Zoning 5460 Mariquita Avenue Zoning District: RMF -10 (Residential Multiple Family/ PD -7 General Plan: Medium -Density Residential (10 units/acre) PA Project Site a Attachment 2: Draft Resolution PC 2005-0041 DRAFT RESOLUTION PC 2005-0041 RESOLUTION OF THE ATASCADERO PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT AMENDMENT 2003-0090 TO DELETE WINDOW TRIM ON PARCELS, A, B, AND C FROM THE APPROVED MASTER PLAN OF DEVELOPMENT AND BUILDING PERMIT PLANS (5460 Mariquita Avenue - Fetyko) WHEREAS, an application has been received from D. A. Fetyko (P.O. Box 1999, Atascadero, CA 93423), Applicant and Property Owner to consider a project consisting of a minor amendment to a Master Plan of Development for CUP 2003-0090 on APN 029-292-024 and, WHEREAS, the proposed project is located within the MDR (Medium Density Residential) land use designation of the City of Atascadero's General Plan Land Use Diagram; and, WHEREAS, the proposed project is located within the RMF-10/PD-7 (Residential Multiple Family/Planed Development #7) Zoning District where originally approved window trim is proposed to be deleted from parcels A, B, and C, subject to the approval of a Conditional Use Permit Amendment; and, WHEREAS, the project is consistent with certified Mitigated Negative Declaration 2003-0011; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on July 19, 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 Master Plan of Development on the subject site; 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: Planning Commission Resolution 2005-0041 July 19, 2005 SECTION 1. Findings of Environmental Consistency. The Planning Commission finds as follows: 1. The proposed project has been analyzed adequately in the General Plan 2025 EIR pursuant to applicable standards and impacts have been avoided or mitigated pursuant to that EIR. 2. The proposed project has been analyzed adequately in Certified Mitigated Negative Declaration 2003-0011 for the original Zone Change and Conditional Use Permit for the project site development. 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. Planning Commission Resolution 2005-0041 July 19, 2005 SECTION 3. Approval of Conditional Use Permit Amendment. The Planning Commission does hereby approve Conditional Use Permit 2003-0090 to delete the window trim treatment from all 3 new homes within the project site (APN 029-292-024), consistent with the following Exhibits: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT C: Approved Building Permit Elevation Plan (Informational) 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 Planning Commission Resolution 2005-0041 July 19, 2005 EXHIBIT A: Conditions of Approval (Informational) CUP Amendment (CUP 2003-0090) Master Plan of Development Amendment Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5460 Mariquita Avenue GP: Grading Permit FD: Fire Department PD -7 Master Plan of Development BP: Building Permit FI: Finallnspecion PD: Police Department CE: City Engineer CUP 2003-0090/ZCH 2003-0040 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney Planning Services 1. The approval of this zone change and use permit shall PS become final and effective following City Council approval. 2. Approval of this Master Plan of Development shall be valid FM PS concurrently with the life of Tentative Parcel Map 2003- 0036 and then indefinitely following final map. The Master Plan of Development approval shall expire and become null and void unless a final map is recorded consistent with the Master Plan of Development. 3. Changes to the Master Plan of Development shall be On-going PS approved by the Planning Commission and do not require Council action. 4. The Community Development Department shall have the BP/FM PS authority to approve the following minor changes to the project the (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. 5. All subsequent Tentative Parcel Map and construction BP/FM PS permits shall be consistent with the Master Plan of Development contained herein. 6. All exterior elevations, finish materials and colors shall be BP PS consistent with the Master Plan of Development as shown in Exhibit F, H, I, and J. 7. All site development shall be consistent with the maximum BP/FM PS intensities described in the statistical project summary as shown on Exhibit C. 8. All site work, grading and site improvements shall be BP/FM PS consistent with the Master Plan of Development as shown in B, D and E. 9. A final landscape and irrigation plan shall be approved BP PS prior to the issuance of building permits and included as part of site improvement plan consistent with EXHIBIT D. All exterior meters, air conditioning units and mechanical Planning Commission Resolution 2005-0041 July 19, 2005 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5460 Mariquita Avenue GP: Grading Permit FD: Fire Department PD -7 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0090/ZCH 2003-0040 TO:Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney equipment shall be screened with landscape material. Trash/recycle container areas shall be screened with fencing or landscape. All front yards shall be landscaped by the developer. All landscape maintenance shall be the responsibility of the individual property owner. Two additional 15 -gallon street trees to be double staked shall be planted along Mariquita Avenue (Parcels C & D). 10. All project fencing shall be installed consistent with BP PS EXHIBIT D subject to the following modifications. a. The front yards adjacent to Mariquita Avenue (Parcels C & D) shall not be enclosed with any fencing which exceeds 3 -feet in height. b. The design of all fencing shall be compatible with the overall project design, subject to staff approval 11. Retaining walls visible for the street shall incorporate GP PS design & materials to match or compliment the texture and BP color of the primary residence. Rear yard retaining walls may be designed to blend with the proposed landscaping. 12. Affordable Housing Requirement: The applicant shall FM, BP PS, CE either set aside one housing unit at the moderate category rate for a period of 30 years, or pay an in -lieu fee based on 2.50% of the valuation of each of the market rate units. 13. All exterior material finishes (stucco, materials, lighting, BP PS garage doors) shall be durable, high quality, and consistent with the historically compatible appearance. 14. The colony house lot shall include a deed restriction FM PS, CE preventing the site from being subdivided or from being altered, which degrades the historic significance of the property. Building Services 15. A soils investigation prepared by a licensed BP FM Geotechnical Engineer 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. Fire Marshal Planning Commission Resolution 2005-0041 July 19, 2005 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5460 Mariquita Avenue GP: Grading Permit FD: Fire Department PD -7 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0090/ZCH 2003-0040 TO:Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney 16. A minimum 12' paved with 16' total clear width access BP PS, BS with a minimum head clearance of 13'-6" is to be provided to each building location. Sixteen -foot clear width may be provided with use of turf block along the south side for emergency vehicle access. 17. Show location of existing and any proposed fire BP BS hydrants. Units A & B shall include fire suppression sprinklers. 18. Provide a letter from the Atascadero Mutual Water BP BS Company stating the minimum expected water available to the site. Amount available must meet min. requirement specified in the California Fire Code. 19. Note approved address signage is to be provided. BP BS 20. Note on plans that fire lanes shall be delineated to BP BS restrict parking as required by the Fire Authority. City Engineer Standard Conditions 21. In the event that the applicant is allowed to bond for BP BS the public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 22. An engineer's estimate of probable cost shall be BP PW submitted for review and approval by the City Engineer to determine the amount of the bond. 23. The Subdivision Improvement Agreement shall record BP PW concurrently with the Final Map. 24. All public improvements shall be constructed in BP PW conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 25. The applicant shall enter into a Plan Check/Inspection BP BS agreement with the City. 26. The applicant shall be responsible for the relocation BP PW and/or alteration of existing utilities. 27. The applicant shall install all new utilities (water, gas, BP BS electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 28. The applicant shall monument all property corners for BP PW construction control and shall promptly replace them if disturbed. 29. A preliminary subdivision guarantee shall be BP PW submitted for review in conjunction with the Planning Commission Resolution 2005-0041 July 19, 2005 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5460 Mariquita Avenue GP: Grading Permit FD: Fire Department PD -7 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0090/ZCH 2003-0040 TO:Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney processing of the parcel map. 30. All existing and proposed utility, pipeline, open space, BP PS/PW or other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 31. Prior to recording the parcel map, the applicant shall BP PS/PW submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 32. Prior to recording the parcel map, the applicant's BP PW surveyor shall set monuments at all new property corners or shall indicate, by certificate on the final map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 33. Prior to recording the parcel map, the applicant shall BP BS pay all outstanding plan check/inspection fees. 34. Prior to recording the parcel map, the applicant shall BP PW have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company, which indicates their review of the map. The letter shall identify any new easements, which may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 35. Upon recording the final map, the applicant shall BP PW provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 36. Prior to the final inspection of any public BP PW improvements, the applicant 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. City Engineer Site Specific Conditions 37. The applicant shall construct new curb and gutter, in BP PS/PW accordance with City Standards, as shown on improvement plans, along entire frontage. Planning Commission Resolution 2005-0041 July 19, 2005 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5460 Mariquita Avenue GP: Grading Permit FD: Fire Department PD -7 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0090/ZCH 2003-0040 TO:Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney 38. The applicant shall sawcut and remove existing BP PW asphalt concrete roadway as shown on plans and repave to new curb and gutter, in accordance with City Standards. 39. The applicant shall address stormwater detention BP PW prior to grading and drainage approval. 40. The applicant shall pay sewer Extension (Annexation) BP PW and Connection fees upon issuance of building permit. 41. Each building shall be individually connected to the BP PW public sewer via a 4" gravity lateral to which each individual 2" forcemain will be connected. 42. Building plans shall be include detail of sewage BP BS sumps and pumps, control panel and alarm systems. 43. A 5 -foot drainage easement shall be recorded on the BP PW final map along the south property line of Parcel A and Parcel B and the east property line of Parcel B. 44. Existing drainage patterns from adjacent properties BP PW shall not be obstructed. 45. All drainage from improvements shall cross property BP PW lines within drainage easements. Atascadero Mutual Water Company 46. Prior to the recordation of the Final Parcel Map, the BP BS applicant shall submit plans showing the water distribution facilities required to serve the project for review and approval by the Atascadero Mutual Water Company. All new water distribution facilities shall be constructed in conformance with Atascadero Mutual Water Company Standards. 47. Prior to the recordation of the Final Map, the applicant BP BS shall obtain a " Will Serve " letter from the Atascadero Mutual Water Company. 48. Prior to issuance of building permits, the applicant BP BS shall pay all installation and connection fees required by the Atascadero Mutual Water Company. 49. Show all fire suppression appurtenances required by BP BS the Atascadero Fire Department. Mitigation Measures Mitigation Measure 1.c.1: If exterior lighting is proposed, it BP PS 1.C.1 shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to Planning Commission Resolution 2005-0041 July 19, 2005 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5460 Mariquita Avenue GP: Grading Permit FD: Fire Department PD -7 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0090/ZCH 2003-0040 TO:Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney 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: The project shall be conditioned to BP BS 3.b comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in section 6.4 of the Air Quality Handbook. All site grading and demolition plans notes shall list the following regulations: A. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage, preferably in the late morning and after work is finished for the day. B. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e. greater than 20 mph averaged over one hour) so as to prevent excessive amounts of dust. C. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. D. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. E. Permanent dust control measured identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. F. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast -germinating native grass seed and watered until vegetation becomes established. G. All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods in advance by the APCD. H. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible. In addition, structural foundations shall be completed as soon as possible following building pad construction. I. On-site vehicle speed shall be limited to 15 mph for any unpaved surface. J. All unpaved areas with vehicle traffic shall be watered at least twice per day, using non -potable water. K. Streets adjacent to the project site shall be swept daily to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust from leaving the site. L. Wheel washers may be required when significant offsite import or export of fill is involved. M. Large canopy shade trees shall be provided along street frontages and within parking areas to shade paved areas and minimize urban heat build-up. it'gation Measure 4.e.1: An arberists report shall be required GP BS 4.e.1 Planning Commission Resolution 2005-0041 July 19, 2005 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5460 Mariquita Avenue GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department PD -7 Master Plan of Development Ft Final Inspection CE: City Engineer CUP 2003-0090/ZCH 2003-0040 TO:Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney nPFi�rnr te pFejeGt 'FrInplomon+ +iron. The-epert shall melon+ifyeaCh a+ive tree p ed fnr r al and a nh tree within the projeet-area subjeet to potential i ant. The Freels pro..Wer enda+iens for tree pruning, tree ernten+inn of existing native trees to r and identify native tree a6+/replacement mitigation r the A+aseadero Municipal ni+iga+inn nnee en �2. mi+ � plaR shy 'den+ify all prnten+ien and enhannep.ent measures FeGeMmended by the Gertifi ed Arberis+ in the Tree Droten+inn Plan. Tree ern+en+ien forming shall he installed at the Ione+io Galled out in the TFee Drotee+inn Plan. GP BS 4.e.2 Mitigation Measure 4.e.3: The proposed front yard landscape GP BS 4.e.3 trees shall be minimum 15 -gallon size and double staked. Mitigation Measare 4 e,41. The (b..t,a developer shall sentrast with a nr+ified arborist duringall phases of n eat implem n+a+inn The certified arbor's+s shall heresponsible form nitering the Nere ee+ d , all phases of cons+ru a+ion three gh p ee+ oompletion, as follows: (a) A written agreemeRt between the arborist and the develeper nl i+lining a arborist m nitnring snhedi le fer nh n ns+n In+inn phase +hrei ugh final in en+ien shall he submitted to and approved by planning staff prier to the of building/grading permits. /b\ Arborist shell sehed ,len pre ns+ru Gtinn Fn etinn with requirements prier to a grubbing n arth w nrk fnr a portion f the prejeGt site. Alltreepr ten+inn fenning d tri Rk pre+en+ien shall he installed far in en+ien du ging +he meeting. Tree pFetec+inn fenGing shall nsst1Lallled at -the line of encreachmen+ in+e the tree's Feet zene area. /e\ Ass eifed by the eFboFis+ report and Gi+y staff: s pre n ell +reel +n be s ped fnr s+r' of ral strength and ; f ReFne..e all dehris ands oils free. the let nleaning nd tree f All trenching o Fading within the pre+enter! Feet zene outside of the tree preten+ien fence shall require hand trenching OF pFeserve and proteet roots that n re larger than 7 inches in diameter. f Ale grading or +rennh'n is allowed uii+h'n the formed PFGteeted area: f Anv ren+s that a e 4 i she n diameter er larger a re net to he G -1 -It i n+il i en+ed and a ed by the n si+e arborisut sr f Apply a additional r nda+inns of the p eat arborist: /.dl I Inns n ec+ n nletien and n r+o final nnngpanny a GP BS 4.e.4 Planning Commission Resolution 2005-0041 July 19, 2005 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5460 Mariquita Avenue GP: Grading Permit FD: Fire Department PD -7 Master Plan of Development BP: Building Permit Ft Final Inspection PD: Police Department CE: City Engineer CUP 2003-0090/ZCH 2003-0040 TO:Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney eiti44ne that the tree nreteetien plan w implemented, the trees rleslenaterl for nreteetien were reteeted rluring nstn.etien and the a r! nstruGtien_ relatetree ereteetie v o longeF Fequired far tree preteGtien. Mitigation Measure 5.a.1: The proposed project shall GP PS, BS, CE 5.a.1 incorporate the Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating Historic Buildings. The standards shall apply to the exterior rehabilitation of the Colony house, construction of the new detached garage for the colony house, design of the proposed three homes, and proposed landscape improvements to the overall project site, subject to staff review and approval. Mitigation Measure 5.a.2: Final design of the new detached GP PS, BS, CE 5.a.2 garage for the colony house shall be compatible with the existing colony house and single -car garage, including matching exterior materials and colors. Mitigation Measure 5.a.3: The proposed project shall include GP PS, BS, CE 5.a.3 Covenants, Conditions and Restrictions (CC&R's) that incorporate the planned development conditions of approval to ensure that the site retains the historic qualities (historic buildings, architecture, colors, materials, fencing, and landscaping) over time. Mitigation Measure 5.b: Should any cultural resources be GP PS, BS, CE 5.b unearthed during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. Mitigation Measure 6.b.1: The grading permit application GP PS, BS, CE 6.b.1 plans shall 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: A soils report shall be required to be GP BS 6.c.d submitted with a future building permit by the building department. Mitigation Measure 8.e.f.1: A Stormwater Pollution Prevention GP PS, BS, CE 8.0.1 Plan (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for GP PS, BS, CE 8.0.2 ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Planning Commission Resolution 2005-0041 July 19, 2005 Conditions of Approval / Mitigation Monitoring Program 5460 Mariquita Avenue PD -7 Master Plan of Development CUP 2003-0090/ZCH 2003-0040 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO:Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 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: All construction activities shall BP, GP PS, BS 11.d comply with the City of Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Planning Commission. 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. Planning Commission Resolution 2005-0041 July 19, 2005 Exhibit B: Approved Conditional Use Permit House Elevations (Informational) South Elevation L wrm mroowa WITH D(VKMM AS INDICATED Approved Plans showing window trim on all windows Planning Commission Resolution 2005-0041 July 19, 2005 Exhibit D: Existing Building Elevation Photographs ' ■E; i� �" W.■ ■ M4 i �Awllllo* *arm Mal ITEM NUMBER: 5 DATE: 7-19-05 Atascadero Planning Commission Staff Report - Community Development Department Church Steeple Conditional Use Permit 2005-0160 (2600 Ramona Road/ LDS Church) SUBJECT: A request to exceed the 50'-0" height limit to allow a church steeple 71'-0" in height. V01V*K01 1/ I ll ► 1 MAN 0 Staff Recommends: The Planning Commission adopt Resolution PC 2005-0042 to approve Conditional Use Permit 2005-0160 based on findings and subject to conditions of approval. SITUATION AND FACTS: 1. Applicant/ Owner: Corp. of Presiding Bishop of the Church of Jesus Christ of Latter -Day Saints P.O. Box 2073, Orcutt, CA 93457 2. Project Address: 2600 Ramona Road, Atascadero, CA 93422 (San Luis Obispo County) APN 049-201-027 3. General Plan Designation: Rural Estates 4. Zoning District: Residential Suburban 5. Site Area: Approximately 5 acres 6. Existing Use: Church/Religious Assembly 7. Environmental Status: Mitigated Negative Declaration #2005-0030 ITEM NUMBER: 5 DATE: 7-19-05 DISCUSSION: Background The proposed project consists of a Conditional Use Permit application for a 70 -foot high church steeple to exceed the 50'-0" height limit requirement for uninhabited structures. An existing freestanding 49'-0" spire, located near the entry of the church, is proposed for removal with the construction of the new steeple. Analysis As proposed, the steeple will be located on the church building at the center of the main roofline, and will project an additional 40'-4" from the existing 31'-0" building height, totaling 71'-4" from ground level (Exhibit B). The steeple will incorporate an almond base color, bronze shutters, and a bronze steeple to synchronize with the building's exterior (figure 1). No exterior or interior illumination is proposed. Figure 1: Existing Spire and example of proposed steeple. Height and Scale The proposed steeple extends considerably beyond the roofline of the church building that could have the potential to impact the present view shed of the surrounding area, as there are no comparable structures of this height built within the immediate vicinity. However, staff's opinion is that the scale and proportion of the existing church building of the steeple, although out of proportion with the flat lying area, is closer in proportion to the existing 26,432 square foot church. The church building is located approximately 120'-0" from US highway 101 (see Attachment 2&3). Very few structures in Atascadero (habitable or uninhabited) have been permitted by the City to exceed 50'-0" in height. A preliminary study of structures that exceed 50'-0" is provided in figure 2 for comparison purposes. ITEM NUMBER: 5 DATE: 7-19-05 Structure Location Height Telecommunication Monopole 6490 EI Camino Real 63'-0" Administration Building 6500 Palma Avenue 93'-6" Shell Station Sign 9155 San Gabriel Road 56'-0" Carlton Hotel 6005 EI Camino Real 54'-0" Figure 2: Height Comparison Chart Environmental Determination A Draft Mitigated Negative Declaration was circulated to public agencies and residents within 1,000 feet of the property on June 28, 2005. The environmental analysis identified the steeple height as a potential concern when introduced onto the site. However, the proposed steeple architectural design, color, high-quality materials, proportion and placement on the large church building appear to mitigate any environmental concerns under CEQA. A finding is proposed that this project would not have a significant effect on the environment. Staff is recommending that the Commission certify Proposed Mitigated Negative Declaration 2005-0030. ITEM NUMBER: 5 DATE: 7-19-05 CONCLUSION: Exceptions to the height limitations for uninhabited structures requires the Planning Commission first finds the project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties and that the modified height will not exceed the lifesaving equipment capabilities of the Fire Department. Staff believes that the Planning Commission can make the findings for approval for this specific request based on the evidence that the architectural design, color, high-quality materials, proportion and placement on the large church building roofline meets the appearance review as analyzed by staff. The Fire Department has reviewed and approved the proposed steeple height. The proposed project is consistent with the General Plan and Atascadero Municipal Code, as analyzed within this staff report. Staff finds that the proposed project, as conditioned, meets the required findings necessary for Planning Commission approval. ALTERNATIVES: 1. The Commission may modify the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The Commission should specify the reasons for denial of the project and recommend an associated finding with such action. PREPARED BY: Lisa Wilkinson, Assistant Planner ATTACHMENTS: Attachment 1: Vicinity and Zoning Map Attachment 2: Draft Resolution PC 2005-0042 ITEM NUMBER DATE: 7-19-05 Attachment 1: Vicinity and Zoning ns - Gael !� Project Site: 31a0"i 2600 Ramona Rd., 0 �MA ° ROaC Zoning: RS General Plan Designation: Suburban Estate ITEM NUMBER DATE: 7-19-05 Attachment 2: Aerial view (with 10 foot contours) ITEM NUMBER DATE: 7-19-05 Attachment 3: Site Photographs Photo 1: View from vehicle heading northbound on Highway 101. Photo 2: Southwest view from Ramona Road. ITEM NUMBER: 5 DATE: 7-19-05 Attachment 4: Draft Resolution PC 2005-0042 DRAFT RESOLUTION PC 2005-0042 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING CONDITIONAL USE PERMIT 2005-0160 TO REMOVE THE EXISTING SPIRE AND REPLACE WITH A NEW 71'-0" TALL STEEPLE. (LDS Church) WHEREAS, an application has been received from Corp. of Presiding Bishop of the Church of Jesus Christ of Latter -Day Saints (P.O. Box 2073, Orcutt, CA 93457), Applicant and Property Owner, to consider a request to exceed the 50'-0 height limit for a new 71'-0" tall steeple; and, WHEREAS, the site's General Plan Land Use Designation is SE (Suburban Estate); and, WHEREAS, the site's Zoning District is RS (Residential Suburban); and, WHEREAS, a Mitigated Negative Declaration has been prepared for the project in accordance with the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit application was held by the Planning Commission of the City of Atascadero, at which hearing evidence, both oral and documentary, was admitted on behalf of said project; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on July 19, 2005, studied and considered the proposed Conditional Use Permit; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Environmental Determination The Planning Commission finds as follows: 1. The project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties; and, ITEM NUMBER DATE: 7-19-05 2. The proposed steeple architectural design, color, high-quality materials, proportion and placement on the large church building appear to mitigate any environmental concerns under CEQA; and, 3. The modified height will not exceed the lifesaving equipment capabilities of the Fire Department. 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 projector 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. That the proposed architectural design, color, high-quality materials, proportion and placement on the large church building roofline meets the City's appearance review as analyzed by staff. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on July 19, 2005, resolved to approve Conditional Use Permit 2005- 0160 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan/Elevations EXHIBIT C: Initial Study and Mitigated Negative Declaration ITEM NUMBER: 5 DATE: 7-19-05 On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER DATE: 7-19-05 EXHIBIT A: Conditions of Approval (CUP 2005-0160) Conditions of Approval / Timing Responsibility Notes Mitigation Monitoring Program /Monitoring PS: Planning Services BL: Business BS: Building Services License FD: Fire Department CUP 2005-0160 GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy F0: Final Occupancy Planning Services 1. This Conditional Use Permit shall be for the addition of a steeple to BP PS the existing church building on parcel 049-201-027 (2600 Ramona Road), regardless of owner. 2. The approval of this use permit shall become final and effective for BP PS the purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to that date, an appeal to the decision is filed as set forth in Section 9- 1.111(b) of the Zoning Ordinance. 3. Approval of this Conditional Use Permit shall be valid for twelve BP PS (12) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the applicant has received a building permit or applied for an extension of entitlement. 4. Approval of this Conditional Use Permit shall be consistent with Ongoing PS Atascadero Municipal Code Zoning Ordinance. Any violations of the CUP shall be subject to review and reconsideration by the Planning Commission at a noticed public hearing. 5. The Community Development Department shall have the authority BP PS to approve minor changes to the project that address a construction design issue that is not substantive to the land use. 6. The property owner shall defend, indemnify, and hold harmless the Ongoing ALL City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the Conditional Use Permit. Mitigation Measures Mitigation Measure 1.c: The proposed steeple shall include the use of paint BP PS 1.c and roof colors consistent with the architectural style and design of the existing church. Mitigation Measure 1.d: The proposed steeple shall not be directly externally BP PS 1.d or internally illuminated. ITEM NUMBER DATE: 7-19-05 Conditions of Approval / Timing Responsibility Notes Mitigation Monitoring Program /Monitoring PS: Planning Services BL: Business BS: Building Services License FD: Fire Department GP: Grading Permit PD: Police Department CUP 2005-0160 BP: Building Permit CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy F0: Final Occupancy Mitigation Measure 11.d.1: All construction activities shall comply with the BP PS, BS 11A City of Atascadero Noise Ordinance for hours of operation. ITEM NUMBER DATE: 7-19-05 EXHIBIT B: Site Plan / Elevations (CUP 2005-0160) T-U4DERS6NEDRONA (ELEV. 171--e) T�SE FLWSMD E-ECW4 C C1,LY. SHOP Nu 1w 108,-2') SIDE AEW ITEM NUMBER DATE: 7-19-05 EXHIBIT C: Initial Study and Mitigated Negative Declaration (CUP 2005-0160) (See following) ITEM NUMBER: 6 DATE: 7.19.05 Atascadero Planning Commission Staff Report - Community Development Department 1155 E/ Camino Real Custom Planned Development: The Village at Oakhaven ZCH 2005-0099/CUP 2005-0157/TTM 2005-0067 Wehn Group, LLC RECOMMENDATIONS: Staff Recommends Planning Commission: 1. Adopt Resolution PC 2005-0044 recommending that the City Council certify Proposed Mitigated Negative Declaration 2005-0028; and, 2. Adopt Resolution PC 2005-0045 recommending that the City Council introduce an ordinance for first reading by title only, to approve Zone Text Change 2005-0099 establishing a Planned Development 26 Overlay District based on findings; and, 3. Adopt Resolution PC 2005-0046 recommending that the City Council introduce an ordinance for first reading by title only, to approve Zone Change 2005-0101 based on findings; and, 4. Adopt Resolution PC 2005-0047 recommending that the City Council approve Conditional Use Permit 2005-0157 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 5. Adopt Resolution PC 2005-0048 recommending that the City Council approve Vesting Tentative Tract Map 2005-0067 based on findings and subject to Conditions of Approval and Mitigation Monitoring. ITEM NUMBER: 6 DATE: 7 in nr% REPORT -IN -BRIEF: The proposed project consists of a Zone Text Change to establish a new site-specific Planned Development #26 overlay zone, and Zone Map Amendment to establish a Planned Development Overlay Zone #26 on the subject site with a corresponding Master Plan of Development (CUP) and vesting Tentative Tract Map that would allow a 62 -unit attached residential planned development. The project site is currently developed with a single-family residence. DISCUSSION: Situation and Facts: 1. Applicant / Representative: Ruth Wehn, Wehn Group, LLC. 1919 Creston Road Paso Robles, CA 93446 2. Project Address: 1155 EI Camino Real (APN 049-042-018) (San Luis Obispo County). 3. General Plan Designation: HDR (High Density Residential) 4. Zoning District: RMF -16 (Residential Multi -family - 16) 5. Site Area: 5.47 acres 6. Existing Use: single-family residence 7. Environmental Status: Proposed Mitigated Negative Declaration 2005-0028 ITEM NUMBER: 6 DATE: 7.19.05 Background Surrounding Land Use and Setting: North: Residential Suburban East: Residential Suburban South: Residential Multi -family West: Residential Suburban RS Proposed RMF -16 Project Site RS RS C� RSF-X/Pn-17 CP The project site is within the High Density Residential General Plan land use designation and is zoned Residential Multi -family -16, which allows for a maximum density of 16 units per acre. The properties along EI Camino are developed with existing single-family residences and multi -family developments. Based on density standards set forth in the General Plan (LOC 2.1.5) related to property size, slope, and access conditions, the project site qualifies as a prime multi -family site which supports attached multi -family developments. ITEM NUMBER: 6 DATE: 7.19.05 ANALYSIS: The proposed site plan has been designed to meet the requirements of the Atascadero Municipal Code and the appearance review requirements of the General Plan. Sixty- two new town homes are proposed on the project site. The units range from 1,150 square feet to 1,510 square feet of living space with a minimum one car attached garage. As a Planned Development, the Planning Commission must find that the project provides high quality architectural, landscape, and site design to warrant the granting of special development standards. Appearance Review Site Plan, Circulation, and Parking The proposed project includes sixty-two townhome units organized around open space features and existing mature native oak trees. The project includes 4 common open space areas, one of which is designed as a central neighborhood park. The project includes one- and two-way streets to provide efficient and controlled circulation through the site. In addition, the project also includes the following desirable site features: • Decorative project entry incorporating pavers and a landscaped median. • Retention of existing mature native trees on site. • Minimum 40 -foot wide landscape buffer along the EI Camino Real frontage. Based on multi -family parking requirements, a minimum of 147 spaces is required to be provided on site for the proposed residential units. The proposed project includes a minimum one car attached garage for each unit, additional parking provided in unit driveways, and 25 common access parking spaces provided throughout the site. As proposed, the project meets multi -family parking standards. Sidewalks are proposed along one side of the internal project streets. Full frontage improvements, including widening, is required along the EI Camino Real frontage. Architecture. Materials. and Color The project has been designed to incorporate clusters of two- and three-story residential units that include a variety of traditional style architectural elements such as stylized columns, a variety of window grid pattern windows, bay windows, board and batt siding, decorative stone veneer, and trellis features. As proposed, the project includes 3 unit types each with a minimum of 3 different color schemes. Minor conditions of approval have been included regarding the exterior material finish (Conditions CUP 7). ITEM NUMBER: 6 DATE: 7.19.05 The three story units measure a maximum of 38.5 feet which exceeds the maximum permitted height in the residential zone (30 -foot maximum / 2 -stories maximum). With the establishment of the PD -26 overlay zone and approval of the Conditional Use Permit establishing the Master Plan of Development, the project may exceed this limit based on the following findings: 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. As proposed, the third floor living space is within the 30 -foot maximum height limit. In addition, the three story units have been designed to minimize the number of windows on the third floor. The setbacks along the north and south property lines has been increased to 12 -feet (5 -feet required) and the east property edge has been designed with a 35 -foot setback and buffer landscaping as discussed below. Properties to the north and south are currently developed with high density residential uses or are zoned for high density development. The fire department has reviewed and approved the project plans. Landscape Design The preliminary landscape plan has been designed to retain existing mature native oak trees and enhance site elements. Proposed landscaping includes drought tolerant shrubs and accent plants, with a combination of evergreen and deciduous trees placed throughout the site. The City Council has established a policy related to buffering of multi -family projects from single-family residential uses. The proposed project abuts a single-family residential parcel to the east. As such, the applicant is proposing a buffering scheme that includes a 35 -foot minimum building setback, installation of evergreen screen trees and shrubs, and an open space area occupying approximately 40% of the eastern property edge. Staff is recommending that the three-story unit adjacent to the single-family zone be substituted with a two story unit to achieve a more effective transition between the proposed high density development and the single-family land use (Condition 9). In staff's opinion, the proposed landscape plan and palette, as conditioned, meets the Planned Development appearance review requirements. Native Tree Mitigation/Preservation A tree removal application for 4 native trees is included with the proposed development, 3 which are in excess of 24" dbh. A condition of approval has been included requiring that the applicant pay mitigation fees into the Tree Replacement Fund or provide ITEM NUMBER: 6 DATE: 7 to nr% equivalent re -plantings on site, as required by the Atascadero Native Tree Ordinance and as shown in the following chart (Condition CUP 21). Evergreen Native Trees (inches) Deciduous Native Trees (inches) I Totals dbh notes dbh notes 1 1 18 -inches 2 2 99 -inches 3 3 55 -inches 4 4 63 -inches 5 5 6 6 Total 0 -inches Total 235 -inches 235 -inches Mitigation Requirement req'd tree replacements: 0 five gal trees req'd tree replacements: 157 five gal trees 157 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees (24") 0 box trees (24") 0 box trees (24") Remaining Mitigation 0 five gal trees Remaining Mitigation 157 five gal trees 157 five gal trees Tree Fund Payment: $ Tree Fund Payment: $ 7,833.33 $ 7,833.33 Site Drainage Historically, the site drains to the west end of the project site. The project is designed to maintain historic flow and will be detained in two landscaped basins adjacent to EI Camino Real. \A/--1-----1-- Sanitary sewer will be connected to existing sewer facilities in EI Camino Real. Fiscal Impact Based on findings from the Taussig Study, revenue from new residential development including property tax revenues; vehicle licensing fees, sales taxes, and other revenues are insufficient to cover the maintenance and emergency services costs of new development. Based on the revenue projections from the Taussig Study, the City has developed standard conditions of approval for new development projects that require the cost of maintenance and emergency services to be funded by the project through a combination of road assessment districts, landscape and lighting districts and community facilities districts (Conditions CUP 18 and 19/ TTM 8 and 9). ITEM NUMBER: 6 DATE: 7.19.05 The following conditions of approval are included to mitigate the fiscal impacts of the project on the City of Atascadero. Condition CUP 18/TTM 8 • The emergency services and facility maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. a) All Atascadero Police Department service costs to the project. b) All Atascadero Fire Department service costs to the project. c) Off-site common City of Atascadero park facilities maintenance service costs related to the project. Condition CUP 19/TTM 9 ■ All tract maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative 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. Planned Development Overlay #26 The proposed project requires the establishment of a new site-specific Planned Development Overlay Zone to allow for the requested subdivision. Based on the ITEM NUMBER: 6 DATE: 7.19.05 General Plan requirements and proposed project description, staff has prepared the following standards for the proposed Planned Development Overlay Zone. Adoption of the Planned Development Overlay Zone text is required for the project to proceed. The Commission could make recommendations to the Council to modify the proposed Custom PD text. 9-3.671 Establishment of Planned Development Overlay Zone #26 This Planned Development Overlay Zone on APN 049-042-018 in the Residential Multi -family zone. The maximum residential density within the planned development shall not exceed the density allowed by the underlying zoning district and provisions of the Atascadero Municipal Code. The following development standards shall be met by the entitled project within the PD -26 overlay zone: a) All site development shall require the approval of a Master Plan of Development. All construction and development shall conform to the approved Master Plan of Development, as conditioned. b) The Tentative Tract Map and any subsequent amendments for the site shall be consistent with an approved Master Plan of Development. All construction and development shall conform to the approved Master Plan of Development, as conditioned. c) No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Master Plan of Development. d) Appearance of each dwelling unit, site landscaping, site development, and amenities shall be consistent with the Atascadero Appearance Review Manual. All landscaping shown on the approved landscape plan will be installed by the developer and shall be maintained as approved. Buffer landscaping along the eastern property line shall be maintained by the individual property owners in perpetuity. e) Each unit shall include the following: ■ 300 cubic feet of shelved storage area. (Bedroom and entry/coat closets shall not count toward this requirement). ■ Dedicated space for laundry facilities with hookups. f) All utilities, including electric, telephone, and cable, within the PD and along the project frontages shall be installed and/or relocated underground. g) Engineered drainage detention basins shall be located within a common or designated area. All basins shall be landscaped, shall be no deeper than 2 feet, and shall be unfenced. Upon approval of the city engineer, retaining walls may be allowed in the drainage basin area. h) Exterior walls or fencing shall be consistent throughout the project. Design and appearance of fences and/or walls shall be compatible with the design of the dwelling units. Fence posts shall be metal or pressure treated wood. Wood preservative/sealer shall be applied to fence panels. i) All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties. ITEM NUMBER: 6 DATE: 7.19.05 j) Trash shall be stored in individual garages. If the above text is established, the project, as conditioned, would be consistent with those standards. Based on the above language, the Planned Development Zoning District incorporates, by reference, the Master Plan of Development and Vesting Tentative Tract Map which documents the proposed architectural styles, site configuration, lot coverage, setbacks, landscaping, and project amenities for the project. Inclusionary and Workforce Housing The City Council has implemented an interim Inclusionary Affordable Housing Program to include a fixed percentage of units within residential developments that require a legislative approval to be reserved as deed restricted affordable units. This interim program requires that the proposed project provide a minimum of 12 affordable units deed restricted at the moderate income rate. A condition of approval has been added to ensure that this requirement is met (Condition CUP 14, 15/TTM 11, 12). Project Benefits One of the required findings for approval of a planned development rezone is that the project must "offer certain redeeming features to compensate for the requested modification." The table shown below outlines the Council policy on Planned Development benefits. In order to approve this project, the Planning Commission must find that the project offers all of the tier 1 benefits to qualify for a Planned Development project. PD Location Tier 1 Benefits Tier 2 Benefits Inside of Urban Core a) Affordable / Workforce Housing a) Pocket Parks in larger projects b) High Quality Architectural Design b) Trails /Walkways for Pedestrian Custom PDs c) High Quality Landscape Design Connectivity d) Buffering between Urban and c) Historic Preservation Suburban zones (large lot sizes, increased setbacks, landscape buffers, etc.) e) Higher density to meet Housing Element goals Tentative Tract Map A 62 -lot Vesting Tentative Tract Map (TTM 2005-0067) is proposed as part of the project consistent with the proposed Master Plan of Development and proposed PD -26 Overlay Zone. The Tract Map has been conditioned by staff and the City Engineer to meet all City standards including on- and off-site street improvements. The applicant will be required to record CC&R's with the map that will include maintenance and access of common areas (Condition CUP 20/TTM 10). ITEM NUMBER: 6 DATE: 7.19_n5 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 2.1.5: Supports attached multi -family developments on prime multi- family sites throughout the City. Based on qualifying factors set forth in the General Plan, this site qualifies for prime multi -family status. Housing Element Policy 4.3: "Encourage attractive architecture and site landscaping that respect terrain and native trees". In staff's opinion the proposed project is consistent with the goals and policies of the Land Use Element and the Housing Element. The project will provide 62 attached single-family residential units including 12 affordable units within the high-density residential zone. As conditioned, the project incorporates elements that are consistent with the scale and character of the surrounding residential neighborhood and the goals and policies of the General Plan. Findings Establishment of PD26 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. ITEM NUMBER: 6 DATE: 7.19.05 Planned Development Overlay As specified in the City's General Plan and Zoning Ordinance, the following specific findings for the proposed Zone Change shall be made in order to approve the proposed project: 1. The proposed Zone Change is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. 2. The proposed Zone Change is compatible with existing development, neighborhoods and the environment. 3. The proposed Zone Change will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 4. The proposed Zone Change is consistent with the project -specific Mitigated Negative Declaration. Conditional Use Permit (Master Plan of DeveloDment A Master Plan of Development is required for the Planned Development in the form of a Conditional Use Permit. The proposed Master Plan of Development sets development standards related to architectural design, site design, landscape, signage, and specific development standards required by the zoning ordinance. The Planning Commission must make the following five findings to recommend approval of the proposed Master Plan of Development: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The use is consistent with the General Commercial designation of the General Plan and General Plan Land Use Element Policy 1.1, 1.1.7, 2.1, and Housing Element Policy 4.3. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the Planned Development Ordinance. Staff Comment: As conditioned, the project satisfies all Conditional Use Permit and Planned Development zoning code provisions. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment: The proposed residential development will not be detrimental to the general public or working person's health, safety, or welfare. ITEM NUMBER: 6 DATE: 7.19.05 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The proposed project is compatible with the surrounding neighborhood by providing a higher density residential development that includes increased setbacks, multiple open space areas, and high quality architecture. The project has been designed to enhance the appearance along EI Camino Real with compatible architecture and project landscaping. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: The proposed project and use is consistent with the traffic projections and road improvements anticipated within the General Plan and as proposed by the applicant. Tree Removals 1. The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: ■ Early consultation with the City; ■ Consideration of practical design alternatives; ■ Provision of cost comparisons (from applicant) for practical design alternatives; ■ If saving tree eliminates all reasonable uses of the property; or ■ If saving the tree requires the removal of more desirable trees. Proposed Environmental Determination A Draft Mitigated Negative Declaration was circulated to public agencies and interested members of the public on June 29, 2005. The environmental analysis identified concerns regarding potential impacts to aesthetics, land use and planning, noise, biological resources, and traffic. Mitigation measures pertaining to these resources are included. A finding is proposed that this project would not have a significant effect on the environment based upon the implementation of the identified mitigation measures. ITEM NUMBER: 6 DATE: 7.19.05 Conclusion In staff's opinion, proposed development is consistent with the General Plan and compatible with the surrounding neighborhood. The project incorporates appearance review of architectural design, materials, and landscaping, and incorporates architectural themes into the site and building design, as conditioned. Native trees have been preserved where feasible and required conditions and mitigation measures have been appropriately incorporated into the project. As analyzed within the project Initial Study and Draft Mitigated Negative Declaration, the proposed Master Plan of Development would have no significant environmental impacts and will not be detrimental to the general public or working persons health, safety, or welfare. Based on staff's analysis in the preceding sections, it appears that all of the required findings for project approval can be made. ALTERNATIVES 1. The Commission may recommend modifications to the project and/or conditions of approval for the project to the City council. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may recommend the City Council deny the project. The parcel would retain its designation of Residential Multi -family. The Commission should specify the reasons for denial of the project and recommend an associated finding with such action. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1: Location, General Plan, and Zoning Map Attachment 2: Tree Protection Plan & Table Attachment 3: Proposed Mitigated Negative Declaration and Initial Study Attachment 4: Draft Resolution 2005-0044 Attachment 5: Draft Resolution 2005-0045 Attachment 6: Draft Resolution 2005-0046 Attachment 7: Draft Resolution 2005-0047 Attachment 8: Draft Resolution 2005-0048 ITEM NUMBER: 6 DATE: 7 in nr% Attachment 1: Location Map, General Plan and Zoning Existing General Plan Designation: HDR Existing Zoning District: RMF -16 Proposed General Plan Designation: HDR Proposed Zoning Designation: RMF -16 / PD -XX RS Proposed Project Site MF -16 .v RS RS � Df T o` a CQ r; I RSF-X/PD-17 M CPK AMU Existing General Plan Designation: HDR Existing Zoning District: RMF -16 Proposed General Plan Designation: HDR Proposed Zoning Designation: RMF -16 / PD -XX Attachment 2: Tree Protection Plan & Table 56 wa ITEM NUMBER: 6 DATE: 7.19.05 1 2 3 4 5 6 7 8 9 10 11 TREE TREE TRUNK TREE CONST DRIP -LINE CONST MITIGATION1 MONT PRUNING FIELD # SPECIES DBH CONDITION STATUS % IMPACT IMPACT PROPOSAL REQUIRED CLASS NOTES 1 LOX 2 80 4 1 15% GR,TR F, RR M YES IV 2 BW 18 3 R 100% GR NO 3 LO X 3 73 4 1 25% GR, TR F, RP, M YES IV remove tree house 4 LO X 3 99 3 R 100% 1 GR NO cavity in north scaffold 5 LO 46 5 1 30%D GR, TR F. RP, M YES IV 6 LO 43 4 1 30% GR, TR F, RP, M YES IV cavity 7 LO 32 5 1 30% GR, TR F, RP, M YES IV 8 LO 44 5 1 35% GR, TR F, RP, M YES IV shed around tree 9 LO 49 4 1 20% GR, TR F. RP. M YES IV 10 LO 64 3 1 10% GR, TR NO IV past failures/ hangers 11 LO 55 3 R 100% GR, TR F, RP, M YES IV tip dieback 12 LO 6 2 A 0% NO sprouts on 6" stump 13 LO 63 1 R 20% TR NO very hazardous 14 LO 55 3 1 5% GR NO IV 15 LO 60 4 A 0% NO IV cavity 16 LO 52 4 1 25% GR, TR F. RP, M YES IV cavity 17 18 19 20 1 = TREE I. MOSTLY CLOCKWISE FROM DUE NORTH i = CONSTRUCTION IMPACT TYPE GRADING. COMPACTION, TRENCHING 2 = TREE TYPE COMMON NAME IE W O = WHITE OAK 8 = MITIGATION REQUIREMENTS FENCING, MONITORING ROOTPRUNING. 3 T TRVNK DIAMETER ® 4-6" 9 = ARBORIST MONITORING REQUIRED YESMO a T TREE CONDITION' I • POOR 10 T EXCELLENT 10- PERSCRIBED PRUNING CLASS 1J 5 T CONSTRUCTION STATUS AVOIDED. IMPACTED REMOVAL 11 = F LETO NOTES 6= DRIP -LINE PERCENT OF IMPACTED DRIPLINE ITEM NUMBER DATE: 7.19.05 Attachment 3: Proposed Mitigated Negative Declaration and Initial Study See Following ITEM NUMBER: 6 DATE: 7.19_n5 ATTACHMENT 4: Draft Resolution PC 2005-0044 Approval of Draft Mitigated Negative Declaration DRAFT RESOLUTION PC 2005-0044 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL CERTIFY PROPOSED MITIGATED NEGATIVE DECLARATION 2005-0028 PREPARED FOR ZONE CHANGE 2005-0099, TENTATIVE TRACT MAP 2005-0067 AND CONDITIONAL USE PERMIT 2005-0157 ON APN 049-042-018 (1155 El Camino Real Wehn LLC.) WHEREAS, an application has been received from Wehn Group LLC (934 Sycamore Canyon, Paso Robles, CA 93446) Applicant and Property Owner, to consider a project consisting of a Zone Change from RMF -16 (Residential Multi -family -16) to RMF-16/PD26 (Residential Multi -Family -16 with a Planned Development Overlay 26) with corresponding Master Plan of Development and Vesting Tentative Tract Map on a 5.47 -acre site located at 1155 El Camino Real,(APN 049-042018); and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2005-0028 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on July 19, 2005 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, WHEREAS, the Planning Commission has determined that the project will have no significant impacts with project specific mitigation measures incorporated; and, NOW THEREFORE, the Planning Commission of the City of Atascadero, hereby resolves to recommend that the City Council certify Proposed Mitigated Negative Declaration 2005-0028 based on the following Findings, and as shown in Exhibit A: 1. The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, 2. The Proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, ITEM NUMBER: 6 DATE: 7 in nr% 3. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project; and, 4. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, 5. The project does not have impacts which are individually limited, but cumulatively considerable; and, 6. The project will not cause substantial adverse effects on human beings either directly or indirectly; and, BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER DATE: 7.19.05 Exhibit A Proposed Mitigated Negative Declaration 2005-0028 rsisCITY OF ATASCADERO �(' a"� Z �Eeo; PROPOSED MITIGATED NEGATIVE DECLARATION #2005-0028 6905 El Camino Real, Suite 6 Atascadero, CA 93422 805/461-5000 Applicant: Wchn Group LLC, 934 Sycamore Canyon, Paso Robles, CA 93446 Phone: 805-239-2475 Project Title: Zone Change 2005-0099, CUP 2005-0157, TTM 2005-0067, The Village at Oakhaven Project 1565 EI Camino Real, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 049-042-018 Project The proposed project consists of an application for a Zone Change, Conditional Use Permit, and Description: Tentative Tract Map for the construction of 62 new single-family attached homes on individual lots that will be developed under the requirements of a custom Planned Development overlay district within the RMF -16 Zoning District. Proposed homes range in size from 1100 to 1510 square feet. The project includes one home per lot each with a one -car garage and one parking space in each driveway. Four native trees are proposed for removal. The project will take access off of EI Camino Real. General Plan Designation: High Density Residential (HDR) Zoning District: Residential Multi -Family -16 (RMF -16) Findings: I. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. 3. The project docs not have impacts which are individually limited, but cumulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. 5. Determination: Based on the above findings, and the information contained in the initial study 2005-0028 (made a part hereof by reference and on file in the Community Development Department), it has been determined that the above project will not have an adverse impact on the environment when the following proposed mitigation measures are incorporated into the project (see attachment). Prepared By: Date Posted: Public Review Ends: Attachments: Kelly Gleason, Associate Planner June 29, 2005 July 19, 2005 Location / Zoning Map Aerial Photo Site Plan/Master Plan of Development Floor Plan A Floor Plan A Sections and Elevations Floor Plan B Floor Plan B Sections and Elevations Floor Plan C Floor Plan C Sections and Elevations Project sections and entry sketch Preliminary Landscape Plan Tree Protection Plan Vesting Tentative Tract Map Grading, Drainage and Utility Plan (2 sheets) Initial Study 2005-0028 ZCH 2005-0095.1155 KKISMHD.p PNi 1»ie i�.,i..ax Pnl 6905 EL CAMINO REAL, SUITE 6 • ATASCADERO, CALIFORNIA 93422 • (805) 461-5000 • FAX 461-7612 ITEM NUMBER: 6 DATE: 7.19_n5 ATTACHMENT 5: Draft Resolution PC 2005-0045 Approval of Draft Mitigated Negative Declaration DRAFT RESOLUTION PC 2005-0045 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND THE ATASCADERO MUNICIPAL CODE BY APPROVING ZONE CHANGE 2005-0099 TO ESTABLISH A PLANNED DEVELOPMENT OVERLAY #26 (1155 El Camino Real / Wehn Group LLC) WHEREAS, an application has been received from Wehn Group LLC (934 Sycamore Canyon, Paso Robles, CA 93446) Applicant and Property Owner, to consider a project consisting of a Zone Change from RMF -16 (Residential Multi -family -16) to RMF-16/PD26 (Residential Multi -Family -16 with a Planned Development Overlay 26) with corresponding Master Plan of Development and Vesting Tentative Tract Map on a 5.47 -acre site located at 1155 El Camino Real,(APN 049-042018); and, WHEREAS, Article 28 of the Atascadero Municipal Code allows for the creation of Planned Development Overlay Zones to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0028 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Code Text to protect the health, safety, and welfare of its citizens by applying orderly development and expanding housing opportunities within the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said zoning text amendments; and, ITEM NUMBER: DATE: 7.19.05 WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on July 19, 2005 studied and considered Zone Change 2005-0099, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of a Zone Text Chante Creating a PD -26 Planned Development Overlay District. The Planning Commission finds as follows: Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on July 19, 2005 resolved to recommend that the City Council introduce for first reading by title only, an ordinance that would amend the City Zoning code text with the following: 9-3.671 Establishment of Planned Development Overlay Zone #26 This Planned Development Overlay Zone on APN 049-042-018 in the Residential Multi -family zone. The maximum residential density within the planned development shall not exceed the density allowed by the underlying zoning district and provisions of the Atascadero Municipal Code. The following development standards shall be met by the entitled project within the PD -26 overlay zone: a) All site development shall require the approval of a Master Plan of Development. All construction and development shall conform to the approved Master Plan of Development, as conditioned. b) The Tentative Tract Map and any subsequent amendments for the site shall be consistent with an approved Master Plan of Development. All construction and development shall conform to the approved Master Plan of Development, as conditioned. c) No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Master Plan of Development. d) Appearance of each dwelling unit, site landscaping, site development, and amenities shall be consistent with the Atascadero Appearance Review Manual. All landscaping shown on the approved landscape plan will be installed by the developer and shall be maintained as approved. Buffer landscaping along the eastern property line shall be maintained by the individual property owners in perpetuity. ITEM NUMBER: DATE: 7.19.05 e) Each unit shall include the following: 300 cubic feet of shelved storage area. (Bedroom and entry/coat closets shall not count toward this requirement). Dedicated space for laundry facilities with hookups. f) All utilities, including electric, telephone, and cable, within the PD and along the project frontages shall be installed and/or relocated underground. g) Engineered drainage detention basins shall be located within a common or designated area. All basins shall be landscaped, shall be no deeper than 2 feet, and shall be unfenced. Upon approval of the city engineer, retaining walls may be allowed in the drainage basin area. h) Exterior walls or fencing shall be consistent throughout the project. Design and appearance of fences and/or walls shall be compatible with the design of the dwelling units. Fence posts shall be metal or pressure treated wood. Wood preservative/sealer shall be applied to fence panels. i) All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties. j) Trash shall be stored in individual garages. ITEM NUMBER: 6 DATE: 7.19.05 BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER DATE: 7.19.05 ATTACHMENT 6: Draft Resolution PC 2005-0046 Approval of Proposed Zoning Map Change DRAFT RESOLUTION PC 2005-0046 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2005-0101, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 049-042-018 FROM RMF -16 (RESIDENTIAL MULTI -FAMILY —16) TO RMF -16 /PD -26 (RESIDENTIAL MULTI -FAMILY —16/ PLANNED DEVELOPMENT OVERLAY #26) (1155 El Camino Real / Wehn Group, LLC) WHEREAS, an application has been received from Wehn Group LLC (934 Sycamore Canyon, Paso Robles, CA 93446) Applicant and Property Owner, to consider a project consisting of a Zone Change from RMF -16 (Residential Multi -family -16) to RMF -16/ PD26 (Residential Multi -Family -16 with a Planned Development Overlay 26) with corresponding Master Plan of Development and Vesting Tentative Tract Map on a 5.47 -acre site located at 1155 El Camino Real,(APN 049-042018); and, WHEREAS, the site's General Plan Designation is HDR (High Density Residential); and, WHEREAS, the site's current zoning district is RMF -16 (Residential Multi -family -16); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0028 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Official Zoning Map to protect the health, safety, and welfare of its citizens by applying orderly development of the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which ITEM NUMBER: 6 DATE: 7.19_n5 hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on July 19, 2005 studied and considered Zone Change 2005-0101, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of Atascadero Changing the existing site zoning to RMF -16/ PD -26. The Planning Commission finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 4. The proposed project offers certain redeeming features to compensate for the requested zone change. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on July 19, 2005, resolved to recommend that the City Council introduce for first reading by title only, an ordinance that would rezone the subject site consistent with the following: 1. Exhibit A: Location Map/Zone Map Amendment Diagram ITEM NUMBER: 6 DATE: 7.19.05 BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 7.19.05 Exhibit A: Location Map/Zone Map Amendment Diagram RS Proposed Project Site RMF -16 (Change from RMF -16 to RMF -16 with PD 26) RS RS c c 7� { RSF-X/PD-17 CPK ExistingDesignation: -Residential Multi -family - 16 Proposed Designation: - Residential Multi -Family -16/ PD 26 ATTACHMENT 7: Draft Resolution PC 2005-0047 Approval of Proposed Master Plan of Development (CUP) DRAFT RESOLUTION PC 2005-0047 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2005-0157 (MASTER PLAN OF DEVELOPEMNT) ON APN 049-042-018 (1155 El Camino Real/Wehn Group LLC) WHEREAS, an application has been received from Wehn Group LLC (934 Sycamore Canyon, Paso Robles, CA 93446) Applicant and Property Owner, to consider a project consisting of a Zone Change from RMF -16 (Residential Multi -family -16) to RMF -16/ PD26 (Residential Multi -Family -16 with a Planned Development Overlay 26) with corresponding Master Plan of Development and Vesting Tentative Tract Map on a 5.47 -acre site located at 1155 El Camino Real,(APN 049-042-018); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from RMF -16 (Residential Multi -Family -16) to RMF -16 with PD26 (Residential Multi -Family -16 with a Planned Development Overlay 26); and, WHEREAS, the Custom Planned Development Overlay requires the adoption of a Master Plan of Development, approved in the form of a Conditional Use Permit; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0028 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 July 19, 2005 studied and considered the Conditional Use Permit 2005- 0 1 57(Master Plan of Development), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including provisions of the PD -26 Overlay Zone; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 6. The Master Plan of Development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area; and 7. Benefits derived from the Master Plan of Development and Custom PD overlay zone cannot be reasonably achieved through existing development standards or processing requirements; and, 8. The proposed project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties; and, 9. The modified height will not exceed the lifesaving equipment capabilities of the Fire Department SECTION 2. Findings for Approval of Tree Removal. The Planning Commission finds as follows: 1. The trees are obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: ■ Early consultation with the City; ■ Consideration of practical design alternatives; ■ Provision of cost comparisons (from applicant) for practical design alternatives; ■ If saving tree eliminates all reasonable uses of the property; or ■ If saving the tree requires the removal of more desirable trees. SECTION 3. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on July 19, 2005 resolved to recommend that the City Council approve Conditional Use Permit 2005-0157 (Master Plan of Development) and Tree Removal Permit subject to the following: EXHIBIT A: Conditions of approval / Mitigation Monitoring Program EXHIBIT B: Master Plan of Development EXHIBIT C: Floor Plan A EXHIBIT D: Floor Plan A Sections and Elevations EXHIBIT E: Floor Plan B EXHIBIT F: Floor Plan B Sections and Elevations EXHIBIT G: Floor Plan C EXHIBIT H: Floor Plan C Sections and Elevations EXHIBIT I: Project Site Sections and Entry EXHIBIT J: Preliminary Landscape Plan EXHIBIT K: Tree Protection Plan EXBIBIT L: Grading, Drainage and Utility Plan (2 sheets) 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 Planned Development -26 /CUP 2005-0157/ZCH 2005-0101/TTM 2005-0067 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services The Village at Oakhaven License FD: Fire Department GP: Grading Permit PD: Police Department BP: Building Permit CE: City Engineer ZCH 2005-0101, CUP 2005-0157, TTM 2005-0067 FI: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy Planning Services 1. The approval of this zone change and use permit shall become final and FM PS effective following City Council approval. 2. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2005-0099 and ZCH 2005-0101 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority to approve BP/FM PS, CE the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. Any other changes to the Master Plan of Development shall be subject to City Council approval. Any associated Tentative Maps unless shall be subject to Planning Commission approval. 4. Approval of this Conditional Use Permit shall be valid for 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 PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision 6. All subsequent Tentative Map and construction permits shall be consistent BP/FM PS, CE with the Master Plan of Development contained herein. 7. All exterior elevations, finish materials and colors shall be consistent with the BP PS Master Plan of Development as shown in EXHIBIT B, D, F and H 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. ■ Stucco siding shall be smooth troweled or light sand finish. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business BS: Building Services The Village at Oakhaven License FD: Fire Department GP: Grading Permit PD: Police Department BP: Building Permit CE: City Engineer ZCH 2005-0101, CUP 2005-0157, TTM 2005-0067 Fl: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy ■ Roofs shall be architectural grade dimensional shingles. 8. All site development shall comply with the standards of the Planned BP PS, BS Development 26 Overlay District. 9. All site work, grading, and site improvements shall be consistent with the BP/FM PS, BS, CE Master Plan of Development as shown in EXHIBIT B and L., with the following modifications: ■ Where feasible and as approved by the fire department, looped streets or portions thereof shall be designed as on -way streets. ■ Should the width of pavement decrease around the proposed neighborhood park, sidewalks shall be provided around the open space area. ■ Unit 25 shall be substituted with a two story unit design. 10. All project fencing shall be installed consistent with EXHIBIT B, I and J subject GP/BP PS to the following modifications: ■ Fencing material and treatment shall comply with the PD26 standards. ■ Final fence location shall be subject to staff approval. 11. Final selection of colors and materials shall be subject to staff approval. GP/BP PS 12. A final landscape and irrigation plan shall be approved prior to the issuance of building permits and included as part of site improvement plan consistent with EXHIBIT J, and as follows: ■ All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. ■ All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site. ■ Final tree list shall be submitted with building permits, subject to staff approval. • Street and open space trees shall be minimum 15 -gallon size and double staked. ■ Front yard areas shall be landscaped with drought tolerant species, subject to staff approval. 13. The developer and/or subsequent owner shall assume responsibility for the continued maintenance of all landscape and common areas, consistent with Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business BS: Building Services The Village at Oakhaven License FD: Fire Department GP: Grading Permit PD: Police Department BP: Building Permit CE: City Engineer ZCH 2005-0101, CUP 2005-0157, TTM 2005-0067 Fl: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy EXHIBIT J. 14. Affordable Housing Requirement: The applicant shall deed restrict a GP/BP PS, CA minimum of 12 residential units for 30 years, prior to or concurrently with the final map, at a moderate income rate. All units shall be distributed throughout the project, subject to staff approval. 15. Workforce Housing: Prior to recordation of final map, the applicant shall enter BP PS, CA into a legal agreement with the City to reserve 1/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved; and The City Attorney shall approve the final form of the agreement. 16. A Tree Protection Plan shall be submitted with subsequent building permits GP/BP PS for encroachment within the drip line of native trees located on the subject parcel and any adjacent properties. The applicant will contract with a certified arborist to monitor all activity within the drip lines of existing native oak trees. 17. An address marker to include address for all units shall be located at the GP/BP PS public street access point. The address marker shall be compatible with the project architecture. 18. The emergency services and facility maintenance costs listed below shall BP PS be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business BS: Building Services The Village at Oakhaven License FD: Fire Department GP: Grading Permit PD: Police Department BP: Building Permit CE: City Engineer ZCH 2005-0101, CUP 2005-0157, TTM 2005-0067 Fl: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy ■ 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. 19. All tract maintenance costs listed below shall be 100% funded by the project BP PS in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. b) All parks, trails, recreational facilities and like facilities. c) All open space and native tree preservation areas. d) All drainage facilities and detention basins. e) All creeks, flood plains, floodways, wetlands, and riparian habitat areas. f) All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. g) All frontage landscaping and sidewalks along arterial streets 20. Prior to final map, the applicant shall submit CC&Rs for review and approval BP PS, BS by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping in perpetuity. b) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. c) Residents shall keep all trash receptacles within the unit's designated trash storage area. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business BS: Building Services The Village at Oakhaven License FD: Fire Department GP: Grading Permit PD: Police Department BP: Building Permit CE: City Engineer ZCH 2005-0101, CUP 2005-0157, TTM 2005-0067 Fl: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy d) Garages shall be maintained and used for vehicle parking. e) No boats, RV's or other type of recreation vehicle may occupy a guest or resident parking space, including within an individual garage. f) A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. 21. Approval of this permit shall include the removal of 4 Native Trees, totaling 76 BP PS, BS inches dbh. The applicant shall be required to pay mitigation fees or provide replantings on-site per the requirements of the Atascadero Native Tree Ordinance. Any additional removals shall be subject to Planning Commission approval. City Engineer Conditions PROJECT SPECIFIC CONDITIONS Drainage: 22. Obtain approval by the City Engineer of the grading & drainage plan and the BP, GP CE storm drain design & facilities. 23. Submit calculations to support the design of any structures or pipes. Closed BP, GP CE conduits shall be designed to convey the 10 -year flow with gravity flow, the 25 -year flow with head, and provide safe conveyance for the 100 year overflow. 24. Provide for the detention of the 50 year developed storm runoff, while BP, GP CE metering out the 2 year undeveloped storm runoff. Metered runoff must follow existing drainage patterns. 25. Show the method of dispersal at all pipe outlets. Include specifications for size BP, GP CE & type. Drainage calculations must show where water flows offsite, and analyze downstream facilities to ensure adequate capacity. 26. Acquire drainage easements where needed. Drainage shall cross lot lines BP, GP CE only where a drainage easement has been provided. 27. Concentrated drainage from off-site areas shall be conveyed across the BP, GP CE project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement can not be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business BS: Building Services The Village at Oakhaven License FD: Fire Department GP: Grading Permit PD: Police Department BP: Building Permit CE: City Engineer ZCH 2005-0101, CUP 2005-0157, TTM 2005-0067 Fl: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy Public Improvements and Maintenance: 28. The applicant must provide for the repair and maintenance of on-site shared FM CE improvements. This includes roads, sidewalks, street trees, streetlights, private sewer system, drainage facilities, recreation areas and common landscaping. The two methods that may be used are: a. Homeowners Association. This private organization would be responsible for the maintenance, repair and replacement of the facilities. b. Assessment District and Landscape and Lighting District. Funds for the maintenance, repair and replacement of the facilities would be collected on the property tax bill and distributed to the City. The City Engineer and City Attorney shall approve the final form prior to recordation. 29. All public improvements shall be constructed in conformance with the City of BP, GP CE Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 30. The grade lines for all improvements shown on the tentative map may be BP, GP CE subject to change or adjustment by the City Engineer 31. Construction plans shall include plan and profile of sanitary sewer, storm drain 1313, GP CE lines, and waterlines. 32. Full frontage improvements are required with this development. These include BP, GP CE curb, gutter, sidewalk and paveout. Public Improvement plans shall be submitted detailing the design. Final alignment and configuration of EI Camino Real shall be determined by the City Engineer. This may require reconfiguration of roadway to allow for parking, bicycle lanes, and / or turn lane. 33. All handicap ramps shall be constructed to current ADA requirements, 13P, GP CE including the use of truncated domes. 34. Prior to issuance of building permits, the applicant shall submit a grading and BP, GP CE drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. SANITARY SEWER CONDITIONS 35. The Public Works Department shall approve all wastewater facilities prior to BP, GP CE construction. This includes pumps, force mains, cleanouts, manholes and connections. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business BS: Building Services The Village at Oakhaven License FD: Fire Department GP: Grading Permit PD: Police Department BP: Building Permit CE: City Engineer ZCH 2005-0101, CUP 2005-0157, TTM 2005-0067 Fl: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy 36. Applicant shall pay sewer extension (annexation) fees upon issuance of 13P, GP CE building permit. Sewer Connection and Reimbursement fees shall be payable upon actual connection of the building sewer to the public sewer system. 37. Gravity mains and other sewer facilities within the subdivision shall be BP, GP CE privately owned and maintained. 38. Gravity mains within the subdivision shall be eight (8) inches in diameter. 1313, GP CE 39. Gravity mains onsite shall end in a manhole. BP, GP CE STANDARD CONDITIONS 40. All public improvements shall be constructed in conformance with the City of BP, GP CE Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 41. In the event that the applicant is allowed to bond for the public improvements FM CE required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 42. An engineer's estimate of probable cost shall be submitted for review and FM CE approval by the City Engineer to determine the amount of the bond. 43. The Subdivision Improvement Agreement shall record concurrently with the FM CE Final Map. 44. The applicant shall be responsible for the relocation and/or alteration of 13P, GP CE existing utilities. 45. The applicant shall install all new utilities (water, gas, electric, cable TV and 1313, GP CE telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 46. The applicant shall monument all property corners for construction control and FM CE shall promptly replace them if disturbed. 47. 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. 48. Slope easements shall be provided as needed to accommodate cut of fill FM CE slopes. 49. Drainage easements shall be provided as needed to accommodate both FM CE public and private drainage facilities. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business BS: Building Services The Village at Oakhaven License FD: Fire Department GP: Grading Permit PD: Police Department BP: Building Permit CE: City Engineer ZCH 2005-0101, CUP 2005-0157, TTM 2005-0067 Fl: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy 50. The final map shall be signed by the City Engineer prior to the map being FM CE placed on the agenda for City Council acceptance. 51. Prior to recording the tract map, the applicant shall submit a map drawn in FM CE substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 52. Prior to recording the tract map, the applicant shall set monuments at all new FM CE property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 53. Prior to recording the map, the applicant shall complete all improvements FM CE required by these conditions of approval 54. Prior to recording the tract map, the applicant shall have the map reviewed by FM CE all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the map. 55. Upon recording the final map, the applicant shall provide the City with a black FM CE line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 56. Prior to the final inspection of any public improvements, the applicant shall FM CE submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 57. Prior to the final inspection, the applicant shall submit a written certification BP, GP CE from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 58. An encroachment permit shall be obtained prior to any work within City rights BP, GP CE of way. 59. Prior to the issuance of building permits the applicant shall submit a grading BP, GP CE and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. Atascadero Mutual Water Company 60. 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 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business BS: Building Services The Village at Oakhaven License FD: Fire Department GP: Grading Permit PD: Police Department BP: Building Permit CE: City Engineer ZCH 2005-0101, CUP 2005-0157, TTM 2005-0067 Fl: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy 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. 61. Before the start of construction on the water system improvements, the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. 62. Before issuance of building permits, the applicant shall obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. 63. The applicant shall provide AMWC with easements for those water facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 64. The water mains required to serve the project shall be laid out in a grid or looped pattern and shall connect to the existing water mains system in EI Camino Real at two points of connection. 65. The applicant shall provide AMWC with easements for those water facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 66. The applicant shall submit a hydraulic analysis to AWMC for 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 67. 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. 68. The applicant shall obtain a separate landscape -irrigation meter from AMWC for the common areas within the project. 69. Before construction of the water system improvements, AMWC shall review and approve the landscape plans for the common areas within the project. The landscape plan submittal shall incorporate the following ■ 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. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business BS: Building Services The Village at Oakhaven License FD: Fire Department GP: Grading Permit PD: Police Department BP: Building Permit CE: City Engineer ZCH 2005-0101, CUP 2005-0157, TTM 2005-0067 Fl: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy ■ 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 70. Before construction of the water system improvements, AMWC shall review and approve the irrigation plans for the common areas within the project. The irrigation plan submittal shall include the following ■ Landscape irrigation meter location and size. ■ Backflow prevention device type, location, and manufacturer ■ Flow and precipitation rate for each circuit ■ Irrigation schedules including schedules for establishment period and post establishment period ■ Total anticipated water application per circuit per month for both schedules ■ Total landscape water application. ■ Use drip irrigation where ever possible ■ A check valve shall be installed on the lowest head in each sprinkler circuit Mitigation Measures Mitigation Measure 1.c.1: The project shall maintain a minimum 35 -foot BP PS 1.c.1 setback from the eastern property line. A mi9nimum 10 -foot wide landscape buffer shall be installed by the developer prior to final and a deed restriction shall be recorded against parcel 24, 25, and 26 requiring continued maintenance of the landscape buffer. The buffer area shall include evergreen screen trees such as live oaks and/or cedars. Mitigation Measure 1.d.1: All lighting shall be designed to eliminate any off site BP PS 1.d.1 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 in parking areas. Fixtures shall be shield cut-off type. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP BS 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. ■ Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally Conditions of Approval / Mitigation Monitoring Program The Village at Oakhaven ZCH 2005-0101, CUP 2005-0157, TTM 2005-0067 Timing BL Business License GP: Grading Permit BP: Building Permit Fl: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure occurring asbestos is present within the area that will be disturbed. If Naturally Occurring Asbestos (NOA) is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. . If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Should Naturally Occurring Asbestos be identified within the area of construction, and the worked area will be less than or equal to one acre, then the dust control measures identified below are required. If the disturbed area is greater than one acre, additional requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. ■ Dust Control Measures for Construction and Grading Operation Projects One Acre or Less: No person shall engage in any construction or grading operation on property where the area to be disturbed is one (1.0) acre or less unless all of the following dust mitigation measures are initiated at the start and maintained throughout the duration of the construction or grading activity: (A) Construction vehicle speed at the work site must be limited to fifteen(15) miles per hour or less; (B) Prior to any ground disturbance, sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; (C) Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; (D) Storage piles must be kept adequately wetted, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile; (E) Equipment must be washed down before moving from the property onto a paved public road; and (F) Visible track -out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four 24 hours Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business BS: Building Services The Village at Oakhaven License FD: Fire Department GP: Grading Permit PD: Police Department BP: Building Permit CE: City Engineer ZCH 2005-0101, CUP 2005-0157, TTM 2005-0067 Fl: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy Mitigation Measure 3.b.1: Naturally Occurring Asbestos (NOA) has been BP PS 3.b.1 identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If naturally occurring asbestos is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. These requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. Mitigation Measure 4.e.1: The Grading Plan shall identify tree protection BP PS 4.e.1 fencing around the dripline, or as recommended by the project arborist, of each existing on-site or off-site native tree. Mitigation Measure 4.e.2: Grading and excavation and grading work shall be GP PS 4.e.2 consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within the area of work shall be fenced for protection with 4 - foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business BS: Building Services The Village at Oakhaven License FD: Fire Department GP: Grading Permit PD: Police Department BP: Building Permit CE: City Engineer ZCH 2005-0101, CUP 2005-0157, TTM 2005-0067 Fl: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy Mitigation Measure 4.e.3: The developer shall contract with a certified arborist GP PS 4.e.3 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 1/4 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 5.b.1: Should any cultural resources be unearthed during GP, BP PS, BS site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. Mitigation Measure 6.b: The grading permit application plans shall include GP CE 6.16 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. (See section 8 of the is document). Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business BS: Building Services The Village at Oakhaven License FD: Fire Department GP: Grading Permit PD: Police Department BP: Building Permit CE: City Engineer ZCH 2005-0101, CUP 2005-0157, TTM 2005-0067 Fl: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy Mitigation Measure 6.c.d: A soils report shall be required to be submitted with GP BS 6.c.d a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention Plan BP CE 8.e.f (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for ensuring that all BP BS,PS,CE 8.ef.2 contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop work orders. Mitigation Measure 11.d: All construction activities shall comply with the City of Ongoing BS/PS 11.d Atascadero Noise Ordinance for hours of operation. Mitigation Measure 15.a.b.1: Full frontage improvements shall be required BP BS, PS 15.a.b.1 along EI Camino Real. Internal project circulation shall be designed to enhance flow and minimize traffic conflicts by implementing traffic calming measures and utilizing one-way streets as appropriate and as approved by the Community Development Director. Mitigation Measure 15.c.1: The Contractor shall maintain one lane for traffic at Ongoing BS, PS 15.0 all times. Traffic control shall be in accordance with the current Caltrans manual for traffic control and work area traffic control handbook. No street or lane closures shall be permitted unless previously arranged for and granted by the City Engineering Department. EXHIBIT B: Master Plan of Development/Site Plan �W ,. Site I'lanl Master flan of Development EXHIBIT C: Floor Plan A I I I I I I I I t I —77 0 I tiunn mry - flan A I I I �JJI I I I B I .. .. J J-- J -- -- I ha A. nn •,l -- A 1st Floor 2nd Floor 3rd Floor Plan A - Floor Plans EXHIBIT 0: Floor Plan A Sections and Elevations – — — - ---------- I Lu, A2 V1.1.1 A4 Front Lie%-,itions 4 D F- u Typical Building Sections Sul, i k) 11 S EXHIBIT E: Floor Plan B I I I 1 1 _ Living Room I I {'6" x 13 9" Marler Bedroom 12'-0" x 13'• 10" _ I> Summary - Plan B ... O - 1100SF '--Ston• :. 2 Bedroom, 1.5 Bath ! L1. I 1Car Gangs J I I I I "t 5i- 12, r,+ = 2048,1 Drivihvay B , 2nd[:1—, ;WsF to+r I I I 1st Fhx,r ;90SF Total Living II50SF Gamgc 360SF Deck 30s: A 1st Floor 2nd Floor 590 SF Sn0 tiF Plan B - Floor Plans EXHIBIT F: Floor Plan B Sections and Elevations f;tilit] ilit, Sections I oft Side Right Side Typical llevation- Phn 13 - Elevation,) &- IMilding SectINIS EXHIBIT G: Floor Plan C i i I i I IIL � 5ununar� - flan C� 1st Floor 95U$r i (ar ll,u,ny i„rerr b�I}I 11r111 C - Floor Plan< EXHIBIT H: Floor Plan C Sections and Elevations r I l x -- m 1,,:, r „ tiectlons I \ I'i( SII I Ire ations Plan C - Elevations & Buildin0- Sections EXHIBIT I: Project Site Sections and Entry k EXHIBIT J: Preliminary Landscape Plan nine emus 1N'.Ih 11-V tri ..I, ...t�„r.�\,l, ® `re6mrnary l ,uwlxaFe �'ian EXHIBIT K: Tree Protection Plan EXHIBIT L: Grading, Drainage and Utility Plan 09 w z w m LLJ - 1 1!1 , jemp"o 'it LIM M 11 sl 20 J F-< 0 z w C4 < W- C) w z z z�! LLJ - 1 1!1 < w > < 'T t- 7) J F-< 0 z w C4 < W- C) 0< w < < z sa �-- .13 ffig It F— 2 U) fli LLJ > ii Lw It EXHIBIT L: Grading, Drainage and Utility Plan 1 -1 1 Tj 1 ATTACHMENT 8: Draft Resolution PC 2005-0047 Approval of Proposed Vesting Tentative Tract Map DRAFT RESOLUTION PC 2005-0047 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE VESTING TENTATIVE TRACT MAP 2005-0067, A SIXTY-TWO LOT SUBDIVISION CONSISTENT WITH A MASTER PLAN OF DEVELOPMENT ON APN 049-042-018 (1155 El Camino Real / Wehn Group LLC) WHEREAS, an application has been received from Wehn Group LLC (934 Sycamore Canyon, Paso Robles, CA 93446) Applicant and Property Owner, to consider a project consisting of a Zone Change from RMF -16 (Residential Multi -family -16) to RMF -16/ PD26 (Residential Multi -Family -16 with a Planned Development Overlay 26) with corresponding Master Plan of Development and Vesting Tentative Tract Map on a 5.47 -acre site located at 1155 El Camino Real,(APN 049-042-018); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from RMF -16 (Residential Multi -Family -16) to RMF-16/PD 26 (Residential Multi- Family-16/Planned Development Overlay 26); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0028 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Vesting Tentative Tract Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on July 19, 2005 studied and considered Tentative Tract Map 2005-0067, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Approval for Vesting Tentative Tract Map, the Planning Commission of the City of Atascadero finds as follows: 1. The proposed subdivision, design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements, including provisions of the PD -26 overlay district. 2. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District -26 Master Plan of Development (CUP 2005-0167). 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 July 19, 2005, resolved to recommend that the City Council approve Vesting Tentative Tract Map (TTM 2005-0067) subject to the following: 1. Exhibit A: Vesting Tentative Tract Map 2005-0067 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 "DZ ^ R -- +• r R N � • ' e�•orw• 7 p �,_. 1 � 15 all fes._ �\ M►r� -•��;C Q b -- Exhibit B: Conditions of Approval / Mitigation Monitoring Program Tentative Tract Map 2005-0067 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services The Village at Oakhaven 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 2005-0067 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. FO: Final Occupancy Planning Services 1. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2005-0099 and ZCH 2005-0101 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Tract Map shall be valid for two years after its FM PS effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the authority to FM PS approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The granting of this entitlement shall apply to the property located at (APN On going PS 049-042-018) regardless of owner. 5. The Final Map shall be drawn in substantial conformance with the FM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 6. The subdivider shall defend, indemnify, and hold harmless the City of FM PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 7. The Tract Map shall be subject to additional fees for park or recreation FM PS purposes (QUIMBY Act) as required by City Ordinance. 8. The emergency services and facility maintenance costs listed below BP PS shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services The Village at Oakhaven BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map FMFi Final Improvement Plans PD: Police Department CE: City Engineer TTM 2005-0067 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy required by the City with regard to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 9. All tract maintenance costs listed below shall be 100% funded by the BP PS project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. ■ All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. ■ All parks, trails, recreational facilities and like facilities. ■ All open space and native tree preservation areas. ■ All drainage facilities and detention basins. ■ All creeks, flood plains, floodways, wetlands, and riparian habitat areas. ■ All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. ■ All frontage landscaping and sidewalks along arterial streets 10. Prior to final map, the applicant shall submit CC&Rs for review and BP PS approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping in perpetuity. b) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services The Village at Oakhaven BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map FMFi Final Improvement Plans PD: Police Department CE: City Engineer TTM 2005-0067 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy c) Residents shall keep all trash receptacles within the unit's designated trash storage area. d) Garages shall be maintained and used for vehicle parking. e) No boats, RV's or other type of recreation vehicle may occupy a guest or resident parking space, including within an individual garage. f) A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. 11. Affordable Housing Requirement: The applicant shall deed restrict a GP/BP PS, CA minimum of 12 residential units for 30 years, at the moderate income rate: All units shall be distributed throughout the project, subject to staff approval. 12. Workforce Housing: Prior to recordation of final map, the applicant shall BP PS, CA enter into a legal agreement with the City to reserve 1/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved; and The City Attorney shall approve the final form of the agreement. 13. The developer and/or subsequent owner shall assume responsibility for Ongoing PS the continued maintenance of all landscape and common areas. 14. Deed notification shall be recorded against lots 24, 25, and 26 expressing the requirements and maintenance responsibilities of the landscape buffer. City Engineer Conditions Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services The Village at Oakhaven BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map FMFi Final Improvement Plans PD: Police Department CE: City Engineer TTM 2005-0067 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy PROJECT SPECIFIC CONDITIONS Drainage: 71. Obtain approval by the City Engineer of the grading & drainage plan and BP, GP CE the storm drain design & facilities. 72. 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. 73. Provide for the detention of the 50 year developed storm runoff, while BP, GP CE metering out the 2 year undeveloped storm runoff. Metered runoff must follow existing drainage patterns. 74. Show the method of dispersal at all pipe outlets. Include specifications for BP, GP CE size & type. Drainage calculations must show where water flows offsite, and analyze downstream facilities to ensure adequate capacity. 75. Acquire drainage easements where needed. Drainage shall cross lot BP, GP CE lines only where a drainage easement has been provided. 76. 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: 77. The applicant must provide for the repair and maintenance of on-site FM CE shared improvements. This includes roads, sidewalks, street trees, streetlights, private sewer system, drainage facilities, recreation areas and common landscaping. The two methods that may be used are: a. Homeowners Association. This private organization would be responsible for the maintenance, repair and replacement of the facilities. b. Assessment District and Landscape and Lighting District. Funds for the maintenance, repair and replacement of the facilities would be collected on the property tax bill and distributed to the City. The City Engineer and City Attorney shall approve the final form prior to recordation. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services The Village at Oakhaven BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map FMFi Final Improvement Plans PD: Police Department CE: City Engineer TTM 2005-0067 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 78. All public improvements shall be constructed in conformance with the City BP, GP CE of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 79. The grade lines for all improvements shown on the tentative map may be BP, GP CE subject to change or adjustment by the City Engineer 80. Construction plans shall include plan and profile of sanitary sewer, storm BP, GP CE drain lines, and waterlines. 81. Full frontage improvements are required with this development. These BP, GP CE include curb, gutter, sidewalk and paveout. Public Improvement plans shall be submitted detailing the design. Final alignment and configuration of EI Camino Real shall be determined by the City Engineer. This may require reconfiguration of roadway to allow for parking and bicycle lanes. 82. All handicap ramps shall be constructed to current ADA requirements, BP, GP CE including the use of truncated domes. 83. 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 84. The Public Works Department shall approve all wastewater facilities prior BP, GP CE to construction. This includes pumps, force mains, cleanouts, manholes and connections. 85. Applicant shall pay sewer extension (annexation) fees upon issuance of BP, GP CE building permit. Sewer Connection and Reimbursement fees shall be payable upon actual connection of the building sewer to the public sewer system. 86. Gravity mains and other sewer facilities within the subdivision shall be BP, GP CE privately owned and maintained. 87. Gravity mains within the subdivision shall be eight (8) inches in diameter. BP, GP CE 88. Gravity mains onsite shall end in a manhole. BP, GP CE STANDARD CONDITIONS 89. All public improvements shall be constructed in conformance with the City BP, GP CE of Atascadero Engineering Department Standard Specifications and Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services The Village at Oakhaven BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map FMFi Final Improvement Plans PD: Police Department CE: City Engineer TTM 2005-0067 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Drawings or as directed by the City Engineer. 90. 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. 91. An engineer's estimate of probable cost shall be submitted for review and FM CE approval by the City Engineer to determine the amount of the bond. 92. The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map. 93. The applicant shall be responsible for the relocation and/or alteration of BP, GP CE existing utilities. 94. 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. 95. The applicant shall monument all property corners for construction control FM CE and shall promptly replace them if disturbed. 96. 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. 97. Slope easements shall be provided as needed to accommodate cut of fill FM CE slopes. 98. Drainage easements shall be provided as needed to accommodate both FM CE public and private drainage facilities. 99. The final map shall be signed by the City Engineer prior to the map being FM CE placed on the agenda for City Council acceptance. 100. 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. 101. 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. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services The Village at Oakhaven BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map FMFi Final Improvement Plans PD: Police Department CE: City Engineer TTM 2005-0067 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 102. Prior to recording the map, the applicant shall complete all improvements FM CE required by these conditions of approval 103. 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. 104. 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. 105. 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. 106. 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. 107.An encroachment permit shall be obtained prior to any work within City BP, GP CE rights of way. 108. 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 109. 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. 110. Before the start of construction on the water system improvements, the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services The Village at Oakhaven BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map FMFi Final Improvement Plans PD: Police Department CE: City Engineer TTM 2005-0067 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 111. Before issuance of building permits, the applicant shall obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. 112. The applicant shall provide AMWC with easements for those water facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 113.The water mains required to serve the project shall be laid out in a grid or looped pattern and shall connect to the existing water mains system in EI Camino Real at two points of connection. 114. The applicant shall provide AMWC with easements for those water facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 115.The applicant shall submit a hydraulic analysis to AWMC for 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 116. 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. 117.The applicant shall obtain a separate landscape -irrigation meter from AMWC for the common areas within the project. 118. Before construction of the water system improvements, AMWC shall review and approve the landscape plans for the common areas within the project. The landscape plan submittal shall incorporate the following ■ 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 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services The Village at Oakhaven BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map FMFi Final Improvement Plans PD: Police Department CE: City Engineer TTM 2005-0067 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 119. Before construction of the water system improvements, AM WC shall review and approve the irrigation plans for the common areas within the project. The irrigation plan submittal shall include the following ■ Landscape irrigation meter location and size. ■ Backflow prevention device type, location, and manufacturer ■ Flow and precipitation rate for each circuit ■ Irrigation schedules including schedules for establishment period and post establishment period ■ Total anticipated water application per circuit per month for both schedules ■ Total landscape water application. ■ Use drip irrigation where ever possible ■ A check valve shall be installed on the lowest head in each sprinkler circuit Mitigation Measures Mitigation Measure 1.c.1: The project shall maintain a minimum 35 -foot BP PS 1.c.1 setback from the eastern property line. A mi9nimum 10 -foot wide landscape buffer shall be installed by the developer prior to final and a deed restriction shall be recorded against parcel 24, 25, and 26 requiring continued maintenance of the landscape buffer. The buffer area shall include evergreen screen trees such as live oaks and/or cedars. Mitigation Measure 1.d.1: All lighting shall be designed to eliminate any off BP PS 1.d.1 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 in parking areas. Fixtures shall be shield cut-off type. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP BS 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM - 10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. • Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to 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 Conditions of Approval / Mitigation Monitoring Program The Village at Oakhaven Vesting Tentative Tract Map TTM 2005-0067 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision FMFi Final Improvement Plans TO: Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Should Naturally Occurring Asbestos be identified within the area of construction, and the worked area will be less than or equal to one acre, then the dust control measures identified below are required. If the disturbed area is greater than one acre, additional requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. ■ Dust Control Measures for Construction and Grading Operation Projects One Acre or Less: No person shall engage in any construction or grading operation on property where the area to be disturbed is one (1.0) acre or less unless all of the following dust mitigation measures are initiated at the start and maintained throughout the duration of the construction or grading activity: (A) Construction vehicle speed at the work site must be limited to fifteen(15) miles per hour or less; (B) Prior to any ground disturbance, sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; (C) Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; (D) Storage piles must be kept adequately wetted, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile; (E) Equipment must be washed down before moving from the property onto a paved public road; and (F) Visible track -out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four 24 hours Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services The Village at Oakhaven BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map FMFi Final Improvement Plans PD: Police Department CE: City Engineer TTM 2005-0067 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Mitigation Measure 3.b.1: Naturally Occurring Asbestos (NOA) has been BP PS 3.b.1 identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If naturally occurring asbestos is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. These requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. Mitigation Measure 4.e.1: The Grading Plan shall identify tree protection BP PS 4.e.1 fencing around the dripline, or as recommended by the project arborist, of each existing on-site or off-site native tree. Mitigation Measure 4.e.2: Grading and excavation and grading work shall GP PS 4.e.2 be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 7. All existing trees outside of the limits of work shall remain. 8. Earthwork shall not exceed the limits of the project area. 9. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 10. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 11. 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. 12. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Conditions of Approval / Mitigation Monitoring Program The Village at Oakhaven Vesting Tentative Tract Map TTM 2005-0067 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision FMFi Final Improvement Plans TO: Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 4.e.3: The developer shall contract with a certified GP PS 4.e.3 arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of % inch granite covered with one -inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one -foot by one -foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 5.b.1: Should any cultural resources be unearthed GP, BP PS, BS during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services The Village at Oakhaven BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map FMFi Final Improvement Plans PD: Police Department CE: City Engineer TTM 2005-0067 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Mitigation Measure 6.b: The grading permit application plans shall include GP CE 6.b erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. (See section 8 of the is document). Mitigation Measure 6.c.d: A soils report shall be required to be submitted GP BS 6.c.d with a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention Plan BP CE 8.e.f (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 BP BS,PS,CE 8.ef.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 work orders. Mitigation Measure 11.d: All construction activities shall comply with the Ongoing BS/PS 11.d City of Atascadero Noise Ordinance for hours of operation. Mitigation Measure 15.a.b.1: Full frontage improvements shall be required BP BS, PS 15.a.b.1 along EI Camino Real. Internal project circulation shall be designed to enhance flow and minimize traffic conflicts by implementing traffic calming measures and utilizing one-way streets as appropriate and as approved by the Community Development Director. Mitigation Measure 15.c.1: The Contractor shall maintain one lane for traffic Ongoing BS, PS 15.c.1 at all times. Traffic control shall be in accordance with the current Caltrans manual for traffic control and work area traffic control handbook. No street or lane closures shall be permitted unless previously arranged for and granted by the City Engineering Department. ITEM NUMBER: 7 DATE: 7-19-05 Atascadero Planning Commission Staff Report - Community Development Department Conditional Use Permit 2003-0112 / Tentative Tract Map 2003-0037 Amendment (1325 EI Camino Real, City Engineer) SUBJECT: The proposed Conditional Use Permit and Tentative Tract Map Amendment consists of a request to eliminate conditions of approval which prohibit sewer extension to adjacent projects. RECOMMENDATION: 1. The Planning Commission adopt Resolution PC2005-0052 to approve the proposed amendment. SITUATION AND FACTS: 1. Applicant / Representative: City of Atascadero 2. Project Address: 1325 EI Camino Real, Atascadero, CA 93422 (San Luis Obispo County) APN 049-101-009, 049-101- 010 3. General Plan Designation: SFR -X 4. Zoning District: RSF-X / PD -17 5. Site Area: 7.09 acres 6. Existing Use: Approved 31 unit single family subdivision currently under construction 7. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2004-0010 ITEM NUMBER DATE: 7-19-05 Background On January 27, 2004, the City Council approved a Planned Development 17 Overlay District with associated Conditional Use Permit and Tentative Tract Map for a 31 -unit single-family development on the subject site. At that time, the project included a condition that restricted extension of the private sewer system to future adjacent projects. The City Engineer is sponsoring an amendment to this condition to allow extension of the sewer, should the appropriate maintenance mechanism be in place. Proposed Amendment The conditions of approval are proposed to be amended as follows: Condition CUP 40 / TTM 40: The sanitary sewer main on the south end of Copado Way_ may extend to the adjoining property or Carrizo Road. fano shared private sewer system will require a maintenance agreement that includes all residents benefiting from the private system. The proposed amendment will allow the project site to the South to connect to the private sewer system. Should the currently approved project to the South connect to the private sewer system, sewer will not be extended up Carrizo Rd at this time. Properties in both tracts will be required to participate in a joint maintenance district, or similar mechanism, to ensure continued maintenance of the private sewer system. Environmental Determination The proposed request is consistent with Certified Mitigated Negative Declaration 2004- 0010. CONCLUSION: The proposed request amendment will allow connectivity of the private sewer system to adjacent future projects. Staff recommends that the Planning Commission approve resolution PC 2005-0052 to amend the conditions of approval for Tract 2577 related to sewer extension to adjacent projects. Deleted: , Deleted: shall not Deleted: Development south of project shall connect to future sewer main, which shall run up Carrizo Road from EI Camino Real ITEM NUMBER DATE: 7-19-05 ALTERNATIVES: The Planning Commission may deny the amendment. If denied, the condition will remain as approved and sewer for the project to the south will be required to be extended up Carrizo Rd. 2. The Planning Commission may continue the hearing and refer the project back to staff for further analysis. Direction should be given to staff on required additional information. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1: Location Map (General Plan & Zoning) Attachment 2: Draft Resolution PC 2005-0052 \\Cityhall\cdvlpmnt\-ZCH - Zone Change\ZC 03\ZCH 2003-0063 PD -171325 EI Camino Real\CUP.TTM Amendment\CUP AMENDMENT.PC-SR.kg.doc ITEM NUMBER DATE: 7-19-05 Attachment 1: Location Map, General Plan and Zoning Project I� U.S. Hwy 101 N. I I Site RMF -16 �, RS ,1 RSF-X EI Camino Real Carrizo Road RSF-X RS CPK General Plan SFR -X Zoning District RSF-X / PD -17 Attachment 2: Draft Resolution PC 2005-00052 DRAFT RESOLUTION PC 2005-0052 RESOLUTION OF THE ATASCADERO PLANNING COMMISSION APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT 2003-0112 AND TENTATIVE TRACT MAP 2003-0037 TO MODIFY CONDITION 40 TO ALLOW EXTENSION OF THE PRIVATE SEWER SYSTEM TO ADJACNET PROJECTS (1325 El Camino Real / City of Atascadero) WHEREAS, an application has been received from the City of Atascadero (6905 El Camino Real, Suite 6, Atascadero, CA 93422), Applicant, to consider a project consisting of an amendment to Conditional Use Permit 2003-0112 and Tentative Tract Map 2003-0037 to allow extension of the private sewer system to adjacent projects; and, WHEREAS, the proposed project is located within the SFR -X (Single -Family Residential - X) land use designation of the City of Atascadero's General Plan Land Use Diagram; and, WHEREAS, the proposed project is located within the RSF-X / PD -17 (Residential Single -Family — X / Planned Development Overlay Zone #17) zoning district, WHEREAS, the project is consistent with certified Mitigated Negative Declaration 2004-0010; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on July 19, 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 Master Plan of Development on the subject site; 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 Consistency. The Planning Commission finds as follows: 1. The proposed project has been analyzed adequately in Certified Mitigated Negative Declaration 2002-0041 for the original Conditional Use Permit for the project site development. 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 an amendment to Conditional Use Permit 2003-0112 to modify condition 40 of the CUP and TTM to allow extension of the private sewer system to adjacent projects, consistent with the following: EXHIBIT A: Amended Conditions of Approval — CUP 2003-0112 EXHIBIT B: Amended Conditions of Approval — TTM 2003-0037 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 - Conditional Use Permit 2003-0112 Master Plan of Development & Tentative Tract Map Amendment Conditions of Approval / Timing Responsibility Mitigatio Mitigation Monitoring Program /Monitoring n PS: Planning Services Measure BL: Business License BS: Building Services 1325 EI Camino Real GP: Grading Permit FD: Fire Department PO -17 Master Plan of Development BP: Building Penn@ FI: Finallnspeclim PD: Police Department CE: City Engineer CUP 2003-0112/ZCH 2003-0063 OTOpantancorry py CX' Wastewater CA CRy Attorney F0: Final Occupancy Planning Services 1. The approval of this Zone Change and Use Permit shall become BP PS final and effective following City Council approval. 2. Approval of this Master Plan of Development shall be valid FM PS concurrently with the life of Tentative Tract Map 2003-0037 and then indefinitely following final map. The Master Plan of Development approval shall expire and become null and void unless a final map is recorded consistent with the Master Plan of Development. 3. Changes to the Master Plan of Development shall be approved by On-going PS the Planning Commission and do not require Council action. 4. The Community Development Department shall have the authority BP/FM PS to approve the following minor changes to the project the (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. 5. All subsequent Tentative Tract Map and construction permits shall BP / FM PS be consistent with the Master Plan of Development contained herein. 6. All exterior elevations, finish materials and colors shall be BP PS consistent with the Master Plan of Development as shown in Exhibits B - H. 7. All site development shall be consistent with the maximum BP/FM PS intensities described in the statistical project summary as shown on Exhibit D. 8. All site work, grading and site improvements shall be consistent BP/FM PS with the Master Plan of Development as shown in Exhibit G 9. A final landscape and irrigation plan shall be approved prior to the BP PS issuance of building permits and included as part of site improvement plan consistent with EXHIBIT B, C, and D. All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. Trash/recycle container areas shall be screened with fencing or landscape. The developer shall landscape all front and street -facing side Conditions of Approval / Timing Responsibility Mitigatio Mitigation Monitoring Program /Monitoring n PS: Planning Services Measure BL: Business U—se BS: Building Services 1325 EI Camino Real GP: Grading Permit FD: F2 Depadment PD -17 Master Plan of Development BP: Building Pennit FI: Finallnspecbm PD: Police Department CE City Engineer CUP 2003-0112/ZCH 2003-0063 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy yards. All landscape maintenance shall be the responsibility of the individual property owner. All proposed tree locations, species, and sizes shall be as identified in Exhibits C and E. Trees shall be double staked. Lot 1: Drainage detention basins shall be landscaped by the developer and maintained by either the property owner or the homeowner's association. The open space area shall be landscaped with drought tolerant vegetation and shall be designed as a passive neighborhood park feature. Additional landscape buffering in the form of 15 -gallon trees and shrubs shall be planted along the rear yard properties of lots 15, 16, 17, 18, as feasible with plant selection, quantity and placement subject to staff approval. Landscaping underneath the canopy of existing native oak trees shall utilize a 4 to 6 inch thick layer of mulch. Only compatible native or drought resistant plant materials with special low-water irrigation systems may be installed under the tree canopy, subject to review and written approval of the project tree arborist, and subject to final staff approval. 10. All project fencing shall be installed consistent with EXHIBIT E BP PS subject to the following modifications. The design of all fencing shall be compatible with the overall project design, subject to staff approval 11. Affordable Housing Requirement: The applicant shall designate FM, BP PS, CE six deed -restricted units for a 30 -year period as follows: six moderate -income units. Such units shall be located throughout the project and shall be subject to planning staff approval. 12. Affordable Workforce Housing FM, BP PS, CE Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve Yz 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 Conditions of Approval / Timing Responsibility Mitigatio Mitigation Monitoring Program /Monitoring n PS: Planning Services Measure BL: Business U—se BS: Building Services 1325 EI Camino Real GP: Grading Permit FD: F2 Depadment PD -17 Master Plan of Development BP: Building Pennit FI: Finallnspecbm PD: Police Department CE City Engineer CUP 2003-0112/ZCH 2003-0063 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy initial sale only; The applicant shall identify which units will be reserved; and The City Attorney shall approve the final form of the agreement. 13. All exterior material finishes (brick, stone, clapboard siding, plaster BP PS siding, materials, lighting, garage doors) shall be durable, high quality, and consistent with the architectural appearance of each home. A variety of garage doors shall be used, be of superior architectural design quality, and be of stained wood finish or painted to match the residence main body color. 14. Street terminus shall require the following, subject to staff BP, FM PS, CE approval: Deed notification to each property on the subject street that the street will be extended in the future to possible future residential development. 15. Tree mitigation shall include payment by the applicant of up to BP, FM PS, CE $4,329.17 into the City tree replacement fund. A mitigation bond payment equal to the mitigation fee shall be collected for all native trees with impacts of greater than 5%. The bond shall be held for 18 months following the project final. 16. The colony house shall be located on lot #32. Front yard and BP, FM PS, CE street -facing side yard shall be landscaped by the applicant. The lot shall include a deed restriction preventing the site from being altered in any manner that would degrade the significance of this historic house. The HS (Historic Structure) overlay zone designation shall also be applied to Lot 32. Any future alterations to the site or the residence will require a Precise Plan application to be reviewed and approved by the Planning Department. 17. The applicant shall apply the Taussig fiscal impact model to the BP, FM PS, CE project to identify the increase in City service cost resulting from project implementation and assess those properties to offset any potential revenue losses to the City. Building Services 18. A soils investigation prepared by a licensed Geotechnical BP FM Engineer 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. Conditions of Approval / Timing Responsibility Mitigatio Mitigation Monitoring Program /Monitoring n PS: Planning Services Measure BL: Business U—se BS: Building Services 1325 EI Camino Real GP: Grading Permit FD: F2 Depadment PD -17 Master Plan of Development BP: Building Pennit FI: Finallnspecbm PD: Police Department CE City Engineer CUP 2003-0112/ZCH 2003-0063 T0: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final 0—pancy Fire Marshal 19. Final street name selection shall be consistent with the future BP PS, BS street extension, subject to staff approval. 20. Provide a letter from the Atascadero Mutual Water Company BP BS stating the minimum expected water available to the site. Amount available must meet min. requirement specified in the California Fire Code. 21. Note approved address signage is to be provided. BP BS 22. Note on plans that fire lanes shall be delineated to restrict BP BS parking as required by the Fire Authority. City Engineer Project Conditions Drainage: 23. All drainage facilities shall be designed and constructed in BP PW accordance with the current City of Atascadero Engineering Standards. 24. The applicant shall submit drainage calculations for review and approval of the City Engineer. 25. All drainage basins shall detain the difference in the 2 -year BP PW storm runoff or the undeveloped site and the 50 -year storm runoff of the developed site. The outlet pipe or channel shall be sized for the 2 -year storm peak runoff rate for the undeveloped site at full capacity. 26. The applicant shall address storm water detention to the BP/FM PW satisfaction of the City Engineer, prior to grading and drainage approval, or approval of the final map. 27. A homeowners association, or other funding and maintenance FM PW agreement shall be submitted for approval by the City Engineer and the City Attorney prior to recording the final map. The agreement shall cover scheduled maintenance of the pervious avers, and maintenance of the drainage facilities. 28. Existing drainage patterns from adjacent properties shall not be BP PW obstructed. 29. All drainage from improvements shall cross property lines within BP PW drainage easements. 30. Drainage at the rear of the lots must be carried across property BP PW lines in a closed conduit. Frontage Improvements: BP PW 31. Project shall include construction of curb, gutter and sidewalk BP PW along entire EI Camino Real frontage. 32. Alignment of frontage improvements shall be approved by the BP PW City Engineer. 33. The entry location of project on EI Camino Real shall be located BP PW in such a location as to provide adequate site distance for vehicles exiting project. Conditions of Approval / Timing Responsibility Mitigatio Mitigation Monitoring Program /Monitoring n private Sewer system will require a maintenance agreement that PS: Planning Services Measure includes all residents benefiting from the rivate s stem. BL: Business U—se BS: Building Services 1325 EI Camino Real GP: Grading Permit FD: F2 Depadment PD -17 Master Plan of Development BP: Building Pennit FI: Finallnspecbm PD: Police Department CE City Engineer CUP 2003-0112/ZCH 2003-0063 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final O=pancy 34. All utilities shall be undergrounded on EI Camino Real BP PW Improvement Maintenance: Street Improvements and landscaping. 35. All street improvements shall be constructed in accordance with BP PW City of Atascadero Engineering Standards. 36. Prior to recording the final map, provisions for the repair and FM PW maintenance of all street and landscaping improvements shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the streets and landscaping, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. Wastewater: 36. All onsite sewer mains shall be privately owned and maintained. BP PW 37. Prior to recording the final map, provisions for the repair and BP PW maintenance of the private SS shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private sewer and structures, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. 38. Applicant shall pay sewer extension (Annexation), Connection BP PW and Reimbursement fees (if applicable) upon issuance of building permit. 39. Gravity mains within the subdivision shall be eight (8) inches in BP PW diameter. 40. The sanitary sewer main on the south end of Copado Way May BP PW extend to the adjoining property or Carrizo Road. Any shared private Sewer system will require a maintenance agreement that includes all residents benefiting from the rivate s stem. 41. Drainage piping serving fixtures which have flood level rims BP PW located below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve. 42. All sanitary sewer (SS) mains shall terminate in manholes BP PW unless extension of the main, at some later date, is anticipated. If extension of a SS main is anticipated, said SS main may terminate in a cleanout providing the next downstream manhole is less than 300 linear feet from the cleanout and that the point of termination is not a reasonable location for a SS main angle In the event that the applicant is allowed to bond for the public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. Deleted: , Deleted: shall not Deleted: Development south of project shall connect to future sewer main, which shall run up Carrizo Road from EI Camino Real Conditions of Approval / Timing Responsibility Mitigatio Mitigation Monitoring Program /Monitoring n PS: Planning Services Measure BL: Business U—se BS: Building Services 1325 EI Camino Real GP: Grading Permit FD: F2 Depadment PD -17 Master Plan of Development BP: Building Pennit FI: Finallnspecbm PD: Police Department CE City Engineer CUP 2003-0112/ZCH 2003-0063 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy 44. An engineer's estimate of probable cost shall be submitted for BP PW review and approval by the City Engineer to determine the amount of the bond. 45. The Subdivision Improvement Agreement shall record FM PW concurrently with the Final Map. 46. All public improvements shall be constructed in conformance BP PW with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 47. The applicant shall enter into a Plan Check/Inspection BP BS agreement with the City. 48. The applicant shall be responsible for the relocation and/or BP PW alteration of existing utilities. 49. The applicant shall install all new utilities (water, gas, electric, BP BS cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 50. The applicant shall monument all property corners for BP PW construction control and shall promptly replace them if disturbed. 51. A preliminary subdivision guarantee shall be submitted for BP PW review in conjunction with the processing of the parcel map. 52. All existing and proposed utility, pipeline, open space, or other BP PS/PW easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 53. Prior to recording the tract map, the applicant shall submit a FM PS/PW map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 54. Prior to recording the tract map, the applicant's surveyor shall FM PW set monuments at all new property corners or shall indicate, by certificate on the final map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 55. Prior to recording the tract map, the applicant shall pay all FM BS outstanding plan check/inspection fees. Conditions of Approval / Timing Responsibility Mitigatio Mitigation Monitoring Program /Monitoring n PS: Planning Services Measure BL: Business U—se BS: Building Services 1325 EI Camino Real GP: Grading Permit FD: F2 Depadment PD -17 Master Plan of Development BP: Building Pennit FI: Finallnspecbm PD: Police Department CE City Engineer CUP 2003-0112/ZCH 2003-0063 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final O=pancy 56. Prior to recording the tract map, the applicant shall have the FM PW map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company, which indicates their review of the map. The letter shall identify any new easements, which may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 57. Upon recording the final map, the applicant shall provide the FM PW City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 58. Prior to the final inspection of any public improvements, the BP PW applicant 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. Atascadero Mutual Water Company 59. Prior to the recording of the Final Map or the issuance of BP BS building permits, the applicant shall submit plans showing the water distribution facilities required to serve the project for review and approval by the Atascadero Mutual Water Company (AMWC). 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. 60. Prior to starting the construction of water system improvements, BP BS the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of the AMWC, the applicant may enter into a deferred connection agreement. 61. Prior to the issuance of building permits, the applicant shall BP BS obtain a "Will Serve' letter from the Atascadero Mutual Water Company. 62. The water mains required to serve the project shall be laid out BP BS in a grid or looped pattern and shall connect to the existing water mains system, if possible. 63. The applicant shall provide AMWC with easements for those water facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right- of-ways. AMWC shall review the form and content of the easements prior to recordation of the final map. Conditions of Approval / Timing Responsibility Mitigatio Mitigation Monitoring Program /Monitoring n PS: Planning Services Measure BL: Business U—se BS: Building Services 1325 EI Camino Real GP: Grading Permit FD: F2 Depadment PD -17 Master Plan of Development BP: Building Pennit FI: Finallnspecbm PD: Police Department CE City Engineer CUP 2003-0112/ZCH 2003-0063 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy 64. The applicant shall submit a hydrolic analysis with the first plan chack 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 for the project. 65. The applicant shall obtain a separate landscape -irrigation meter(s) from AMWC for the common areas within the project. 66. Landscaping for the common areas shall be drought -tolerant. Before construction of the water system improvements, AMWC shall review and approve the landscape plans for the common areas within the project. The landscape plan submittal shall incorporate the following: • Plant list with 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, and decks) and planted areas and excluding sidewalks, driveways, streets, and/or parking areas. • 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. 67. Before construction of the water system improvements, AMWC shall review and approve the irrigation plans for the common areas within the project. The irrigation plan submittal shall include the following: • Landscape irrigation meter location and size. • Backflow prevention device type, location, and manufacturer. • Flow and precipitation rate for each circuit. • Irrigation schedules including schedules for establishment period and post establishment period. • Total anticipated water application per circuit per month for both schedules. • Total landscape water application. • Use of drip irrigation wherever 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 BP BS, PS, CE 1.0 apply: Proposed fencing location and height shall comply with Conditions of Approval / Timing Responsibility Mitigatio Mitigation Monitoring Program /Monitoring n PS: Planning Services Measure BL: Business U—se BS: Building Services 1325 EI Camino Real GP: Grading Permit FD: F2 Depadment PD -17 Master Plan of Development BP: Building Pennit FI: Finallnspecbm PD: Police Department CE City Engineer CUP 2003-0112/ZCH 2003-0063 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy Atascadero Municipal Code. • The project landscaping shall include residential front yards, street facing side yards, EI Camino Real frontage, and a minimum 1 street tree per front yard and side street facing yard. • The on-site storm water and drainage detention basin shall be landscaped with plant materials compatible with the surrounding area while allowing the basin to function as engineered for storm water management. • All proposed trees shall be shade trees of a minimum 15 -gallon size and double staked. Mitigation Measure 1.c.2: The proposed homes shall include the use of BP BS, PS, CE 1.c.2 earth -tone paint and roof colors designed to blend with the surrounding residential environment and reduce the potential for reflected light and glare. Mitigation Measure 1.d.1: If exterior street 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 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 neighborhood setting, subject to staff approval. In addition, individual exterior home -owner lighting shall be restricted through CC&R's and individual lot deed -restriction to prohibit high- intensity lighting in excess of one -foot candle, limited in fixture height to not exceed 10 feet, and utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Mitigation Measure 3.b.1: The project shall be conditioned to comply BP, GP BS, PS, CE 3.b.1 with 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). Conditions of Approval / Mitigation Monitoring Program 1325 EI Camino Real PD -17 Master Plan of Development CUP 2003-0112/ZCH 2003-0063 Timing BL: Business U—se GP: Grading Permit BP: Building Pennit FI: Finallnspecbm TO: Temporary occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: F2 Depadment PD: Police Department CE City Engineer WW: Wastewater CA: City Attorney Mitigatio n Measure 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 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 an Conditions of Approval / Timing Responsibility Mitigatio Mitigation Monitoring Program /Monitoring n PS: Planning Services Measure BL: Business U—se BS: Building Services 1325 EI Camino Real GP: Grading Permit FD: F2 Depadment BP: Building Pennit PD: Police Department PD -17 Master Plan of Development FI: Finallnspecbm CE City Engineer CUP 2003-0112/ZCH 2003-0063 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final Ooarpancy structure. Mitigation Measure 4.e.1: The building permit site plan shall identify all BP PS, BS, CE 4.e.1 protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan. Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. Mitigation Measure4.e.2: All tree removals shall be mitigated as BP PS, BS, CE 4.e.2 prescribed by the Atascadero Native Tree Ordinance. Conditions of Approval / Mitigation Monitoring Program 1325 EI Camino Real PD -17 Master Plan of Development CUP 2003-0112/ZCH 2003-0063 Timing BL: Business U—se GP: Grading Permit BP: Building Pennit FI: Finallnspecbm TO: Temporary occupancy F0: Final Ooarpancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: F2 Depadment PD: Police Department CE City Engineer WW: Wastewater CA: City Attorney Mitigatio n Measure Mitigation Measure 4.e.3: The developer shall contract with a certified BP, GP PS, BS, CE 4.e.3 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 arborist report and City staff: (See Attachment 4) • Fencing: Must be a minimum of 4' high, chain link, snow or safety fence staked at the drip -line or line of encroachment for each tree or group of trees. Tree fencing shall be erected before demolition, grading, or construction begins. The owner shall be responsible for maintaining an erect fence throughout the construction period. The arborist(s) shall inspect the fence placement once it is erected. This is mandatory for this project. • Soil Aeration Methods: Soils under drip -lines that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include water jetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with a 24" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist shall advise. • Chip Mulch: All areas within the drip -line of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction. • Trenching within the Drip -line: All trenching under drip -lines of native trees shall be hand dug, augured or bored. All major roots shall be avoided whenever possible. All exposed roots larger than 1" in diameter shall be 'clean cut with a sharp pruning tool and not left ragged. • Grading within drip -line: Grading should not encroach within the drip -line. If grading is necessary, construction of retaining walls or tree wells or other protection measures may be necessary to insure the survivability of the trees. Chip mulch 4- 6" in depth may also be required in these areas. Conditions of Approval / Mitigation Monitoring Program 1325 EI Camino Real PD -17 Master Plan of Development CUP 2003-0112/ZCH 2003-0063 Timing BL: Business U—se GP: Grading Permit BP: Building Pennit FI: Finallnspecbm TO: Temporary occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: F2 Depadment PD: Police Department CE City Engineer WW: Wastewater CA: City Attorney Mitigatio n Measure • Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a pending condition and excavations should not leave the tree on a rapidly draining mound. Grading shall be done by hand underneath the drip - lines to avoid tearing any roots. • Exposed Roots: Any exposed roots shall be recovered the same day they were exposed. If they cannot, they must be covered with burlap or another suitable material and wetted down 2X per day. • Paving within the Drip -line: Pervious surfacing is preferred within the dripline of any oak trees. Arborist(s) will advise. • Eauioment Operation: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. • Existing Surfaces: The existing ground surface within the drip - line of all oak trees shall not be cut, filled, compacted or pared. • Construction materials and waste: No liquid or solid construction waste shall be dumped on the ground within the drip -line of any oak tree. • Arborist Monitoring: An arborist shall be present for selected activities (trees identified on spreadsheet — See attachment 5) and pre -construction fence placement. The monitoring does not necessarily have to be continuous but observational at times during the above activities. • Pre -Construction Meeting: An on-site pre -construction meeting with the Arborist, owner, planning staff, and the earth moving team shall be required for this project. Prior to final occupancy, a letter from the arborist shall be required verifying the health/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall verify that the arborist was on site for all grading and/or trenching activity that encroached into the drip -line of the selected native trees, and that all work done in these areas was completed to the standards set forth above. The total number of native trees to be removed for this project is 13 with a dbh of 379.5 inches. (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. Conditions of Approval / Timing Responsibility Mitigatio Mitigation Monitoring Program /Monitoring n PS: Planning Services Measure BL: Business U—se BS: Building Services 1325 EI Camino Real GP: Grading Permit FD: F2 Depadment PD-17 Master Plan of Development BP: Building Pennit FI: Finallnspecbm PD: Police Department CE City Engineer CUP 2003-0112/ZCH 2003-0063 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy Mitigation Measure 5.a.1: The proposed project shall incorporate the BP PS, BS 5.a.1 Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating Historic Buildings. The standards shall apply to the exterior rehabilitation of the Colony house and proposed landscape improvements to the overall project site, subject to staff review and approval. Mitigation Measure 5.a.2: Replacement of any exterior materials or BP PS, BS 5.a.2 design features on the original colony house shall be consistent with the Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating Historic Buildings. This shall include the replacements of any doors and windows with solid wood framing of similar design and appearance. Vinyl, vinyl-cladding, and metal materials are not permitted. Mitigation Measure 5.a.3: The proposed project shall include Covenants, BP PS, BS 5.a.3 Conditions and Restrictions (CC&R's) or equivalent mechanism that incorporate the planned development conditions of approval to ensure that the site retains the historic qualities (historic buildings, architecture, colors, materials, fencing, and landscaping) overtime. Mitigation Measure 5.a.4: The new detached garage to be constructed BP PS, BS 5.b.1 on the colony house lot shall be of similar design as the existing original wood sided garage with wood doors and windows. The garage shall incorporate a pair of single or double-hung wood windows on each side and wood door design. A wood door may be added to any side. The garage door shall be constructed of wood and have an architectural appearance similar to the existing paired garage doors. The garage door may be of roll-up function. The garage driveway shall have a 20-foot minimum depth driveway. Mitigation Measure 5.b.1: Should any cultural resources be unearthed BP PS, BS 5.b.1 during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. Mitigation Measure 6.b.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.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 8e.f.1: A Storm water 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. Conditions of Approval / Mitigation Monitoring Program 1325 EI Camino Real PD -17 Master Plan of Development CUP 2003-0112/ZCH 2003-0063 Timing BL: Business U—se GP: Grading Permit BP: Building Pennit FI: Finallnspecbm T0: Temporary occupancy F0: Final Qxupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: F2 Depadment PD: Police Department CE City Engineer WW: Wastewater CA: City Attorney Mitigatio n Measure Mitigation Measure 8.e.f.2: The developer is responsible for ensuring GP PS, BS, CE 8.e.f.2 that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.d.1: All construction activities shall comply with BP, GP PS, BS, CE 11A.1 the City of Atascadero Noise Ordinance for hours of operation, and as follows: Construction activities shall be limited to the following hours of operation: . 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday . No construction on Sunday 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. EXHIBIT B: Conditions of Approval — Tentative Tract Map 2003-0037 Master Plan of Development & Tentative Tract Map Amendment Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Parmit PS: Planning Services 1325 EI Camino Real BP. Building Penh SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map ImprovenieudVesting FM: Final Map PD: Police Departrnem CE: CE: City Engineer TPM 2003-0037 T0: Temporary Oce„pancy WN': Wastewater CA: C4Atmmey FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Planning Services 1. The approval of this Tentative Tract Map shall not become final FM PS and effective following approval of Zone Change 2003-0063 and CUP 2003-0112. 2. Approval of this Tentative Tract Map shall be valid for two FM PS years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the FM PS authority to 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 Tract Map shall be subject to additional fees for park or FM PS recreation purposes (QUIMBY Act) as required by City Ordinance. 5. The applicant shall record CC&R's for the subdivision subject FM PS to the review and approval of the City Engineer, City Attorney and Planning Services. The CC&R's shall identify the maintenance responsibilities of all private driveways, sewer facilities, drainage facilities, common parking areas, site lighting, landscape areas, fencing, and other common facilities. The CC&R's shall also state that all exterior colors, exterior materials, yard fencing and site landscaping shall be consistent with the overall master plan of development. 6. The granting of this entitlement shall apply to the property Ongoing PS located at 1325 EI Camino Real (APN 049-101-009, 010) regardless of owner. 7. The Final Map shall be drawn in substantial conformance with FM PS the 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. 8. The subdivider shall defend, indemnify, and hold harmless the F PS City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval Conditions of Approval I Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 1325 EI Camino Real BP: Building Pend SIP: SubdMsion BS: Building Sendcac FD: Fire Deparrnent Vesting Tentative Tract Map FP oinal entMap lens PD: Policeginsar ent CE: CAy Engineer TPM 2003-0037 T0: Temporary Oxupancy WW: Wastewater CA: Cty Ariomey FI: Finalinspecton AMWC: Water Canp. F0: Final 0—panty by the city, or any of its entities, concerning the subdivision. 9. Affordable Housing Requirement: The applicant shall F PS, designate six deed -restricted units for a 30 -year period as follows: six moderate -income units. Such units shall be located E throughout the project and shall be subject to planning staff approval. 10. Street terminus shall require the following, subject to staff GP PS, CE approval: Deed notification to each property that the project street will be extended in the future to possible future residential development to the north and south. 11. The applicant will be required to record CC&R's for the map FM PS, CE that will include maintenance and access of common areas. 12. Deed notice shall be recorded with each lot notifying each FM PS, CE property owner that the on-site roadway shall be extended to serve future subdivisions to the north and south. 13. The colony house shall be located on lot #32. Front yard and FM PS, CE street -facing side yard shall be landscaped by the applicant. The lot shall include a deed restriction preventing the site from being altered in any manner that would degrade the significance of this historic house. The HS (Historic Structure) overlay zone designation shall also be applied to Lot 32. Any future alterations to the site or the residence will require a Precise Plan application to be reviewed and approved by the Planning Department. 14. Tree mitigation shall include payment by the applicant of up to BP, FM PS, CE $4,329.17 into the City tree replacement fund. A mitigation bond payment equal to the mitigation fee shall be collected for all native trees with impacts of greater than 5%. The bond shall be held for 18 months following the project final. 15. Lot 1: Drainage detention basins shall be landscaped by the BP PS developer and maintained by either the property owner or the homeowner's association. The open space area shall be landscaped with drought tolerant vegetation and shall be designed as a passive neighborhood park feature. 16. The applicant shall apply the Taussig fiscal impact model to the BP, FM PS, CE project to identify the increase in City service cost resulting from project implementation and assess those properties to offset any potential revenue losses to the City. Building Services 17. A soils investigation prepared by a licensed Geotechnical FM PS, BS, CE Engineer is to be provided for the project. The report is to be provided at the time of building permit submittal along Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 1325 EI Camino Real BP: Building Pend SIP: SubdMsion BS: Building Sendcac FD: Fire Deparrnent Vesting Tentative Tract Map FP oinal entMap lens PD: Policeginsar ent CE: CAy Engineer TPM 2003-0037 T0: Temporary Oxupancy WW: Wastewater CA: Cty Ariomey FI: Finalinspecton AMWC: Water Canp. F0: Final 0—panty 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 18. Final street name selection shall be consistent with the FM PS, CE future street extension, subject to staff approval 19. Provide a letter from the Atascadero Mutual Water Company FM CE stating the minimum expected water available to the site. Amount available must meet minimum requirement specified in the California Fire Code. 20. Note that approved address signage is to be provided. FM CE 21. Note on plans that fire lanes shall be delineated to restrict FM CE parking as required by the Fire Authority. City Engineer Project Conditions Drainage: 22. All drainage facilities shall be designed and constructed in BP PW accordance with the current City of Atascadero Engineering Standards. 23. The applicant shall submit drainage calculations for review BP PW and approval of the City Engineer. 24. All drainage basins shall detain the difference in the 2 -year BP PW storm runoff or the undeveloped site and the 50 -year storm runoff of the developed site. The outlet pipe or channel shall be sized for the 2 -year storm peak runoff rate for the undeveloped site at full capacity. 25. The applicant shall address storm water detention to the BP/FM PW satisfaction of the City Engineer, prior to grading and drainage approval, or approval of the final map. 26. A homeowners association, or other funding and FM PW maintenance agreement shall be submitted for approval by the City Engineer and the City Attorney prior to recording the final map. The agreement shall cover scheduled maintenance of the pervious pavers, and maintenance of the drainage facilities. 27. Existing drainage patterns from adjacent properties shall not BP PW be obstructed. 28. All drainage from improvements shall cross property lines BP PW within drainage easements. 29. Drainage at the rear of the lots must be carried across BP PW property lines in a closed conduit. Frontage Improvements: BP PW 30. Project shall include construction of curb, gutter and BP PW sidewalk along entire EI Camino Real frontage. Conditions of Approval I Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 1325 EI Camino Real BP: Building Pend slip: SubdMsion BS: Building Sendcac FD: Fire Deparrnent Vesting Tentative Tract Map FP oinal entMap lens PD: Policeginsar ent CE: CAy Engineer TPM 2003-0037 T0: Temporary Oxupancy WW: Wastewater CA: Cty Ariomey FI: Final inspection AMWC: Water Canp. F0: Final 0—panty 31. Alignment of frontage improvements shall be approved by BP PW the City Engineer. 32. The entry location of project on EI Camino Real shall be BP PW located in such a location as to provide adequate site distance for vehicles exiting project. 33. All utilities shall be undergrounded on EI Camino Real BP PW Improvement Maintenance: Street Improvements and landscaping. 34. All street improvements shall be constructed in accordance BP PW with City of Atascadero Engineering Standards. 35. Prior to recording the final map, provisions for the repair and FM PW maintenance of all street and landscaping improvements shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the streets and landscaping, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. Wastewater: 36. All onsite sewer mains shall be privately owned and BP PW maintained. 37. Prior to recording the final map, provisions for the repair and BP PW maintenance of the private SS shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private sewer and structures, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. 38. Applicant shall pay sewer extension (Annexation), BP PW Connection and Reimbursement fees (if applicable) upon issuance of building permit. 39. Gravity mains within the subdivision shall be eight (8) inches BP PW in diameter. 40. The sanitary sewer main on the south end of Copado Way. BP PW Lna r�extend to the adjoining property or Carrizo Road. Zny shared private sewer system will require a maintenance agreement that includes all residents benefiting from the rivate system. 41. Drainage piping serving fixtures which have flood level rims BP PW located below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve. 42. All sanitary sewer (SS) mains shall terminate in manholes BP PW unless extension of the main, at some later date, is anticipated. If extension of a SS main is anticipated, said SS main may terminate in a cleanout providing the next downstream manhole is less than 300 linear feet from the Deleted: , Deleted: shall not Deleted: Development south of project shall connect to future sewer main, which shall run up Carrizo Road from EI Camino Real Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 1325 EI Camino Real BP: Building Pend SIP: SubdMsion BS: Building Sendcac FD: Fire Deparrnent Vesting Tentative Tract Map FP oinal entMap lens PD: Policeginsar ent CE: CAy Engineer TPM 2003-0037 T0: Temporary Oxupancy WW: Wastewater CA: Cty Ariomey FI: Finalinspecton AMWC: Water Canp. F0: Final 0—panty cleanout and that the point of termination is not a reasonable location for a SS main angle point or intersection. City Engineer Standard Conditions 43. In the event that the applicant is allowed to bond for the BP BS public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 44. An engineer's estimate of probable cost shall be submitted BP PW for review and approval by the City Engineer to determine the amount of the bond. 45. The Subdivision Improvement Agreement shall record FM PW concurrently with the Final Map. 46. All public improvements shall be constructed in conformance BP PW with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 47. The applicant shall enter into a Plan Check/Inspection BP BS agreement with the City. 48. The applicant shall be responsible for the relocation and/or BP PW alteration of existing utilities. 49. The applicant shall install all new utilities (water, gas, BP BS electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 50. The applicant shall monument all property corners for BP PW construction control and shall promptly replace them if disturbed. 51. A preliminary subdivision guarantee shall be submitted for BP PW review in conjunction with the processing of the parcel map. 52. All existing and proposed utility, pipeline, open space, or BP PS/PW other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 53. Prior to recording the tract map, the applicant shall submit a FM PS/PW map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 1325 EI Camino Real BP: Building Pend SIP: SubdMsion BS: Building Sendcac FD: Fire Deparrnent Vesting Tentative Tract Map FP oinal entMap lens PD: Policeginsar ent CE: CAy Engineer TPM 2003-0037 T0: Temporary Oxupancy WW: Wastewater CA: Cty Ariomey FI: Final inspection AMWC: Water Canp. F0: Final 0—panty 54. Prior to recording the tract map, the applicant's surveyor FM PW shall set monuments at all new property corners or shall indicate, by certificate on the final map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 55. Prior to recording the tract map, the applicant shall pay all FM BS outstanding plan check/inspection fees. 56. Prior to recording the tract map, the applicant shall have the FM PW map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company, which indicates their review of the map. The letter shall identify any new easements, which may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 57. Upon recording the final map, the applicant shall provide the FM PW City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 58. Prior to the final inspection of any public improvements, the BP PW applicant 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. Atascadero Mutual Water Company 59. Prior to the recording of the Final Map or the issuance of BP BS building permits, the applicant shall submit plans showing the water distribution facilities required to serve the project for review and approval by the Atascadero Mutual Water Company (AMWC). 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. 60. Prior to starting the construction of water system BP BS improvements, the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of the AMWC, the applicant may enter into a deferred connection agreement. 61. Prior to the issuance of building permits, the applicant shall BP BS obtain a "Will Serve' letter from the Atascadero Mutual Water Company. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 1325 EI Camino Real BP: Building Pend SIP: SubdMsion BS: Building Sendcac FD: Fire Deparrnent Vesting Tentative Tract Map FP oinal entMap lens PD: Policeginsar ent CE: CAy Engineer TPM 2003-0037 T0: Temporary Oxupancy WW: Wastewater CA: Cty Ariomey FI: Final inspection AMWC: Water Canp. F0: Final 0—panty 62. The water mains required to serve the project shall be laid BP BS out in a grid or looped pattern and shall connect to the existing water mains system, if possible. 63. The applicant shall provide AMWC with easements for those water facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements prior to recordation of the final map. 64. The applicant shall submit a hydrolic analysis with the first plan chack 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 for the project. 65. The applicant shall obtain a separate landscape -irrigation meter(s) from AMWC for the common areas within the project. 66. Landscaping for the common areas shall be drought - tolerant. Before construction of the water system improvements, AMWC shall review and approve the landscape plans for the common areas within the project. The landscape plan submittal shall incorporate the following: • Plant list with 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, and decks) and planted areas and excluding sidewalks, driveways, streets, and/or parking areas. • 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. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 1325 EI Camino Real BP: Building Pend SIP: SubdMsion BS: Building Services FD: Fire Deparrnent Vesting Tentative Tract Map FP oinal entMap lens PD: Policeginsar ent CE: CAy Engineer TPM 2003-0037 T0: Temporary Ox,pancy WW: Wastewater CA: C6y Attomey FI: Finalinspecton AMWC: Water Canp. F0: Final 0—panty 67. Before construction of the water system improvements, AMWC shall review and approve the irrigation plans for the common areas within the project. The irrigation plan submittal shall include the following: • Landscape irrigation meter location and size. • Backflow prevention device type, location, and manufacturer. • Flow and precipitation rate for each circuit. • Irrigation schedules including schedules for establishment period and post establishment period. • Total anticipated water application per circuit per month for both schedules. • Total landscape water application. • Use of drip irrigation wherever 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 BP BS, PS, CE 1.c.1 apply: • Proposed fencing location and height shall comply with Atascadero Municipal Code. • The project landscaping shall include residential front yards, street facing side yards, EI Camino Real frontage, and a minimum 1 street tree per front yard and side street facing yard. • The on-site storm water and drainage detention basin shall be landscaped with plant materials compatible with the surrounding area while allowing the basin to function as engineered for storm water management. • All proposed trees shall be shade trees of a minimum 15 - gallon size and double staked. Mitigation Measure 1.c.2: The proposed homes shall include the use BP BS, PS, CE 1.c.2 of earth -tone paint and roof colors designed to blend with the surrounding residential environment and reduce the potential for reflected light and glare. Mitigation Measure 1.d.1: If exterior street lighting is proposed, it BP BS, PS, CE 1.d.1 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 neighborhood setting, subject to staff approval. In addition, individual exterior home -owner lighting shall be restricted through CC&R's and individual lot deed -restriction to prohibit high- intensity lighting in excess of one -foot candle, limited in fixture height to not exceed 10 feet, and utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Conditions of Approval I Mitigation Monitoring Program 1325 EI Camino Real Vesting Tentative Tract Map TPM 2003-0037 Timing GP: Grading Permit BP: Building Pend slip: SubdMsion FP oinal entMap Plans T0: Temporary Ox,pancy FI: Finalinspecton F0: Final 0—panty Responsibility /Monitoring PS: Planning Services BS: Building Sendcac FD: Fire Deparrnent PD: Policeginsar ent CE: CAy Engineer WW: Wastewater CA: C6y Attomey AMWC: Water Canp. Mitigation Measure Mitigation Measure 3.b.1: The project shall be conditioned to comply BP, GP BS, PS, CE 3.b.1 with 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 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 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. Conditions of Approval I Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 1325 EI Camino Real BP: Building Pend SIP: SubdMsion BS: Building Sendcac FD: Fire Deparrnent Vesting Tentative Tract Map FP oinal entMap Plans PD: Policeginsar ent CE: CAy Engineer TPM 2003-0037 T0: Temporary Ox,pancy WW: Wastewater CA: C6y Attomey FI: Finalinspecton AMWC: Water Canp. F0: Final 0—panty 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: The building permit site plan shall identify BP PS, BS, CE 4.e.1 all protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan. Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. Mitigation Measure4.e.2: All tree removals shall be mitigated as BP PS, BS, CE 4.e.2 prescribed by the Atascadero Native Tree Ordinance. ($8,658.33) Conditions of Approval / Mitigation Monitoring Program 1325 EI Camino Real Vesting Tentative Tract Map TPM 2003-0037 Timing GP: Grading Permit BP: Building Pend slip: SubdMsion FP oinal entMap Plans T0: Temporary Ox,pancy FI: Finalinspecton F0: Final 0—panty Responsibility /Monitoring PS: Planning Services BS: Building Sendcac FD: Fire Deparrnent PD: Policeginsar ent CE: CAy Engineer WW: Wastewater CA: C6y Attomey AMWC: Water Canp. Mitigation Measure Mitigation Measure 4.e.3: The developer shall contract with a BP, GP PS, BS, CE 4.e.3 certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c) As specified by arborist report and City staff: (See Attachment 4) • Fencing: Must be a minimum of 4' high, chain link, snow or safety fence staked at the drip -line or line of encroachment for each tree or group of trees. Tree fencing shall be erected before demolition, grading, or construction begins. The owner shall be responsible for maintaining an erect fence throughout the construction period. The arborist(s) shall inspect the fence placement once it is erected. This is mandatory for this project. • Soil Aeration Methods: Soils under drip -lines that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include waterjetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with a 24" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist shall advise. • Chip Mulch: All areas within the drip -line of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction. • Trenching within the Drip -line: All trenching under drip -lines of native trees shall be hand dug, augured or bored. All major roots shall be avoided whenever possible. All exposed roots larger than 1" in diameter shall be 'clean cut with a sharp pruning tool and not left ragged. • Grading within drip -line: Grading should not encroach within the drip -line. If grading is necessary, construction of retaining walls or tree wells or other protection measures may be necessary to insure the survivability of the trees. Chip mulch 4-6" in depth may also be required in these areas. Conditions of Approval / Mitigation Monitoring Program 1325 EI Camino Real Vesting Tentative Tract Map TPM 2003-0037 Timing GP: Grading Permit BP: Building Pend SIP: SubdMsion FP oinal entMap Plans T0: Temporary Ox,pancy FI: Finalinspecton F0: Final 0—panty Responsibility /Monitoring PS: Planning Services BS: Building Sendcac FD: Fire Deparrnent PD: Policeginsar ent CE: CAy Engineer WW: Wastewater CA: City Attomey AMWC: Water Canp. Mitigation Measure • Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a pending condition and excavations should not leave the tree on a rapidly draining mound. Grading shall be done by hand underneath the drip -lines to avoid tearing any roots. • Exposed Roots: Any exposed roots shall be recovered the same day they were exposed. If they cannot, they must be covered with burlap or another suitable material and wetted down 2X per day. • Paving within the Drip -line: Pervious surfacing is preferred within the dripline of any oak trees. Arborist(s) will advise. • Equipment Operation: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. • Existing Surfaces: The existing ground surface within the drip -line of all oak trees shall not be cut, filled, compacted or pared. • Construction materials and waste: No liquid or solid construction waste shall be dumped on the ground within the drip -line of any oak tree. • Arborist Monitoring: An arborist shall be present for selected activities (trees identified on spreadsheet — See attachment 5) and pre -construction fence placement. The monitoring does not necessarily have to be continuous but observational at times during the above activities. • Pre -Construction Meeting: An on-site pre -construction meeting with the Arborist, owner, planning staff, and the earth moving team shall be required for this project. Prior to final occupancy, a letter from the arborist shall be required verifying the health/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall verify that the arborist was on site for all grading and/or trenching activity that encroached into the drip -line of the selected native trees, and that all work done in these areas was completed to the standards set forth above. The total number of native trees to be removed for this project is 13 with a dbh of 379.5 inches. (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. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 1325 EI Camino Real BP: Building Pend SIP: SubdMsion BS: Building Sendcac FD: Fire Deparrnent Vesting Tentative Tract Map FP oinal entMap Plans PD: Policeginsar ent CE: CAy Engineer TPM 2003-0037 T0: Temporary Ox,pancy WW: Wastewater CA: C6y Attomey FI: Finalinspecton AMWC: Water Canp. F0: Final 0—panty Mitigation Measure 5.a.1: The proposed project shall incorporate the BP PS, BS 5.a.1 Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating Historic Buildings. The standards shall apply to the exterior rehabilitation of the Colony house and proposed landscape improvements to the overall project site, subject to staff review and approval. Mitigation Measure 5.a.2: Replacement of any exterior materials or BP PS, BS 5.a.2 design features on the original colony house shall be consistent with the Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating Historic Buildings. This shall include the replacements of any doors and windows with solid wood framing of similar design and appearance. Vinyl, vinyl -cladding, and metal materials are not permitted. Mitigation Measure 5.a.3: The proposed project shall include BP PS, BS 5.a.3 Covenants, Conditions and Restrictions (CC&R's) or equivalent mechanism that incorporate the planned development conditions of approval to ensure that the site retains the historic qualities (historic buildings, architecture, colors, materials, fencing, and landscaping) over time. Mitigation Measure 5.a.4: The new detached garage to be BP PS, BS 5.b.1 constructed on the colony house lot shall be of similar design as the existing original wood sided garage with wood doors and windows. The garage shall incorporate a pair of single or double -hung wood windows on each side and wood door design. A wood door may be added to any side. The garage door shall be constructed of wood and have an architectural appearance similar to the existing paired garage doors. The garage door may be of roll -up function. The garage driveway shall have a 20 -foot minimum depth driveway. Mitigation Measure 5.b.1: Should any cultural resources be BP PS, BS 5.b.1 unearthed during site development work, the provisions of CEQA - Section 15064.5, will be followed to reduce impacts to a non- significant level. Mitigation Measure 6.b.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.1.: A soils report shall be required to be BP, GP PS, BS, CE 6.c.1 submitted with a future building permit by the building department. Mitigation Measure 8e.f.1: A Storm water 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. Conditions of Approval / Mitigation Monitoring Program 1325 EI Camino Real Vesting Tentative Tract Map TPM 2003-0037 Timing GP: Grading Permit BP: Building Pend SIP: SubdMsion FP oinal entMap Plans T0: Temporary Ox,pancy FI: Final inspection F0: Final 0—panty Responsibility /Monitoring PS: Planning Services BS: Building Sendcac FD: Fire Deparrnent PD: Policeginsar ent CE: CAy Engineer WW: Wastewater CA: C6y Attomey AMWC: Water Canp. Mitigation Measure Mitigation Measure 8.e.f.2: The developer is responsible for ensuring GP PS, BS, CE 8.e.f.2 that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.d.1: All construction activities shall comply BP, GP PS, BS, CE 11.d.1 with the City of Atascadero Noise Ordinance for hours of operation, and as follows: Construction activities shall be limited to the following hours of operation: 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday 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.