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HomeMy WebLinkAboutPC_2005-09-20_AgendaPacketCALL TO ORDER CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting September 20, 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 SEPTEMBER 6, 2005. City of Atascadero Planning Commission Agenda COMMUNITY DEVELOPMENT STAFF REPORTS 2. TREE REMOVAL PERMIT 2005-0078 Regular Meeting September 20, 2005 Page 2 of 5 Applicant: James Blizzard, P O Box 6157, Los Osos, CA 93412 Project Title: Tree Removal Permit 2005-0078 Project Location: East Mall, Atascadero, CA 93422 Project Description: Request to remove one native oak tree located along the East Mall frontage on a vacant commercial parcel located in the Downtown. Staff Recommendation: The Planning Commission approve the requested removal. PUBLIC HEARINGS (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name and address for the record and can address the Commission for five minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 3. TENTATIVE PARCEL MAP 2005-0070,5750 ROSARIO Owner: David Graves, 4155 Carrizo Rd., Atascadero, CA 93422 Project Title: Tentative Parcel Map 2005-0070 Project 5750 Rosario Ave., Atascadero, CA 93422 Location: APN 029-321-015 Project A request to establish three airspace condominium units on an existing lot of record. The existing structures on Description: the property are to be demolished prior to the proposed development of three detached dwelling units, approximately 1,200 square feet each. No native trees will be removed. General Plan Designation: Multi Family Residential - 10 (RMF -10) Zoning District: Medium Density Residential (MDR) Proposed The project qualifies for a Categorical Exemption per CEQA Section 15315: Minor Land Divisions. Environmental Determination: 4. TENTATIVE TRACT MAP 2005-0070,7925 SANTA YSABEL AVE. Applicant: D. A. Fetyko, Inc., P O Box 422, San Luis Obispo, CA 93406 Project Title: Tentative Tract Map 2005-0070 Project Location: 7925 Santa Ysabel Ave., Atascadero, CA 93422 APN 030-101-022 Project A request to establish four airspace condominium units on an existing lot of record. The residential units are currently under construction. No native trees will be removed. City of Atascadero Planning Commission Agenda Regular Meeting September 20, 2005 Page 3 of 5 Description: Gene Barre, P O Box 176, Templeton, CA 93465 Project Title: General Plan Designation: Multi Family Residential - 16 (RMF -16) Project Zoning District: High Density Residential (HDR) Proposed The project qualifies for a Categorical Exemption per CEQA Section 15315: Minor Land Divisions. Environmental A request to subdivide 2.07 acres into two (2) lots consisting of 1.07 and 1.0 gross acres. The subdivision Determination: design consists of a flag lot and one lot containing frontage on Traffic Way. 5. TENTATIVE PARCEL MAP 2005-0071,3600 TRAFFIC WAY Owner: Gene Barre, P O Box 176, Templeton, CA 93465 Project Title: Tentative Parcel Map 2005-0071 Project 3600 Traffic Way, Atascadero, CA 93422 Location: APN 049-033-004 Project A request to subdivide 2.07 acres into two (2) lots consisting of 1.07 and 1.0 gross acres. The subdivision Description: design consists of a flag lot and one lot containing frontage on Traffic Way. Description: General Plan Designation: Single Family Residential -Y (SFR -Y) (1 -acre minimum) Zoning District: Residential Single Family -Y (RSF-Y) Proposed The project qualifies for a Categorical Exemption per CEQA Section 15315: Minor Land Divisions. Environmental K -Mart shopping center. Determination: General Plan Designation: General Commercial (GC) 6. CONDITIONAL USE PERMIT 2005-0148,4180 EL CAMINO REAL Applicant: CKE Restaurants, Inc., 401 W. Carl Karcher Way, Anaheim, CA 92801 Owner: K -Mart Corporation, 3100 W. Big Beaver Rd., Troy, MI 48084 Project Title: Conditional Use Permit 2005-0148 Project 4180 El Camino Real, Atascadero, CA 93422 Location: APN 049-221-063 Project The proposed project consists of an application for a Conditional Use Permit for a drive-through Description: restaurant located on 0.83 acres within the Commercial Retail Zone. The proposal includes a main dining building with outdoor patio areas for restaurant patrons and a drive-through facility along the El Camino Real and San Anselmo frontages. The site is currently vacant and located within the existing K -Mart shopping center. General Plan Designation: General Commercial (GC) Zoning District: Commercial Retail (CR) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The Environmental proposed Mitigated Negative Declaration is available for public review from 8/31/05 through 9/19/05 Determination: at 6905 El Camino Real, Suite 6, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. City of Atascadero Planning Commission Agenda Regular Meeting September 20, 2005 Page 4 of 5 7. CONDITIONAL USE PERMIT 2005-0162, DE ANZA ESTATES Owner: Kelly Gearhart, 6205 Alcantara Ave., Atascadero, CA 93422 Project Title: PD -9 Master Plan of Development Amendment (DeAnza Residential Project) Conditional Use Permit 2005-0162 Project DeAnza Estates Open Space Parcel. The site is on the north of North Ferrocarril Road adjacent to the Location: confluence of Graves Creek and the Salinas Rivers. Project The proposed project consists of an amendment to the Master Plan of Development to allow a storm water Description: detention basin adjacent to Graves Creek and the Salinas River in an open space area. Proposed The proposed amendment has been determined to be consistent with the project's certified Mitigated Environmental Negative Declaration. Determination: COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on October 4, 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 September 20, 2005 Page 5 of 5 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). CALL TO ORDER ITEM NUMBER: 1 DATE: 9-20-05 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting September 6, 2005 — 7:00 P.M. At Chairperson Porter's request Vice Chairperson Beraud called the meeting to order at 7:03 p.m. Commissioner Patel led the Pledge of Allegiance. ROLL CALL Present: Commissioners Fonzi, Kelley, O'Keefe, Patel, Beraud and Chairperson Porter Absent: Commissioner Jones Staff Present: Community Development Director Warren Frace, Public Works Director/City Engineer Steve Kahn, Deputy Community Development Director Steve McHarris, Associate Planner Kelly Gleason, Associate Planner Kerry Margason, Assistant Planner Lisa Wilkinson, and Recording Secretary Grace Pucci. PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA Commissioner O'Keefe suggested that Item #7 be moved to follow Item #3, with Items #5 and 6 to follow and Item #4 heard last. MOTION: By Commissioner O'Keefe and seconded by Commissioner Kelley to approve the agenda as amended. Motion passed 6:0 by a roll -call vote. PC Draft Minutes 09/06/05 Page 1 of 11 PUBLIC COMMENT Susan Litteral expressed concern with drainage issues for a previously approved tract map on San Rafael Road. City Engineer Steve Kahn addressed Ms. Litteral's concerns. Commissioner Jones joined the hearing at 7: 05 p.m. Vice Chairperson Beraud closed the Public Comment period. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON AUGUST 16, 2005. MOTION: By Commissioner Fonzi and seconded by Commissioner Kelley to approve Item #1. Motion passed 6:0 by a roll -call vote. (Porter abstained) COMMUNITY DEVELOPMENT STAFF REPORTS 2. TREE REMOVAL PERMIT 2005-0075 Applicant Centex Homes, 735 Tank Farm Road, SLO, CA 93401 Project Title Tree Removal Permit 2005-0075 Project Location EI Camino Real / Santa Barbara Road, Atascadero, CA 93422 Project Description Request to remove one 40" native oak tree for required street improvements. Staff Recommendation The Planning Commission approve the requested removal. Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT — None MOTION: By Commissioner Fonzi and seconded by Commissioner Kelley to adopt Resolution PC 2005-0068 to approve the request to remove one (1) native oak tree subject to conditions of approval. Motion passed 7:0 by a roll -call vote. PC Draft Minutes 09/06/05 Page 2 of 11 3. TREE REMOVAL PERMIT 2005-0077 Applicant Gaylen Little, Hidden Oaks Village, 941 Buena Fortuna Circle, Atascadero, CA 93422 Project Title Tree Removal Permit 2005-0077 Project Location Buena Fortuna Circle, Atascadero, CA 93422 Project Description Request to remove one dead 28" blue oak tree. Staff Recommendation The Planning Commission approve the requested removal. Assistant Planner Lisa Wilkinson gave the staff report and answered questions of the Commission. Commissioner O'Keefe expressed concern that the mitigation does not follow the Tree Ordinance. PUBLIC COMMENT Steve Alvarez, applicant's arborist, answered questions of the Commission. Vice Chairperson Beraud closed the Public Comment period. MOTION: By Commissioner O'Keefe and seconded by Commissioner Kelley to adopt Resolution PC 2005-0071 to approve the request to remove one (1) native oak tree subject to conditions of approval and that the full amount of the mitigation be paid. Motion passed 7:0 by a roll -call vote. Commissioner O'Keefe stated for the record that she made the motion as she did because the developers made every effort to protect the trees on a difficult site. She would like to see another oak tree, but that decision is up to the owners of the property. PUBLIC HEARINGS 7. CONDITIONAL USE PERMIT AMENDMENT 2000-0024 Owner Loraine Russell, P O Box 257, Atascadero, CA 93423 Project Title Conditional Use Permit Amendment 2000-0024 Project 6340 Alcantara Ave. / Tecorida Ave., Atascadero, CA 93422, San Luis Obispo County Location APN 030-292-065 Project A request to change affordable housing condition to allow in -lieu fee payment pursuant to current Council Description policy. PC Draft Minutes 09/06/05 Page 3 of 11 General Plan Designation: MDR Zoning District: RMF -10 / PD7 Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT — None MOTION: By Commissioner Kelley and seconded by Commissioner O'Keefe to Adopt Resolution PC 2005-0069 to approve the amendment to CUP 2000-0024 modifying the affordable housing condition to be consistent with current City Council Policy and add a condition of approval requiring sidewalks along the Tecorida Avenue frontage. Motion passed 7:0 by a roll -call vote. 5. GENERAL PLAN AMENDMENT 2005-0014, MARCHANT Applicant Kelly and Tamara Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422 Project Title GPA 2005-0014, CUP 2005-0156, TTM 2005-0066, ZCH 2005-0098 Airspace Condominium Map Project 5000, 5020, 5060 Marchant Avenue, Atascadero, CA 93422 Location APN 030-213-011, 012, 013, 014 Project The proposed project consists of an application for a General Plan Amendment, Conditional Use Description Permit, Zone Change, and Tentative Tract Map for the construction of twelve new condominium units with a condominium map. Proposed condos range from 767 square feet to 1,996 square feet. Each residential unit will include a one -car garage and one parking space in each driveway. The project will take access off of Marchant Avenue, as well as a Phase I development on Tecorida Avenue which has been previously built by the applicant. No native trees are proposed for removal. General Plan Designation: General Commercial (GC) Zoning District: Commercial Tourist (CT) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The Environmental proposed Mitigated Negative Declaration is available for public review at 6905 El Camino Real, Suite Determination 6, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Deputy Community Development Director Steve McHarris gave the staff report and answered questions of the Commission. PUBLIC COMMENT Kelly Gearhart, applicant, answered questions of the Commission. Vice Chairperson Beraud closed the Public Comment period. Commissioner O'Keefe asked for assurance that the trees in the open space easement area have protection placed at the drip line on all sides. PC Draft Minutes 09/06/05 Page 4 of 11 Commissioner Fonzi stated that the affordable housing should include other than just one bedroom units—to be determined by staff. Vice Chairperson Beraud suggested incorporating additional sidewalks, from the existing sidewalk at Marchant to the most southerly unit, to create a more safe pedestrian access to all units. MOTION: By Commissioner Kelly and seconded by Chairperson Porter to adopt Resolution PC 2005-0062 recommending that the City Council certify Proposed Mitigated Negative Declaration 2005- 0042; and, adopt Resolution PC 2005-0063 recommending that the City Council approve General Plan Amendment 2005-0014 based on findings; and, adopt Resolution PC 2005-0064 recommending that the City Council approve Zone Map Change 2005-0098 based on findings; and, adopt Resolution PC 2005-0065 recommending that the City Council introduce an ordinance for first reading by title only, to approve Zone Text Amendment 2005-0102 modifying PD -10 overlay district code text based on findings; and, adopt Resolution PC 2005- 0066 recommending that the City Council approve Conditional Use Permit Amendment 2005-0156 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, adopt Resolution PC 2005-0067 recommending that the City Council approve Tentative Tract Map 2005-0066 based on findings and subject to Conditions of Approval and Mitigation Monitoring and that the applicant will work with staff regarding the affordable housing issue that they will include more than one -bedroom units, and the applicant will work with staff to put in a sidewalk were feasible. Motion passed 7:0 by a roll -call vote. 6. TENTATIVE PARCEL MAP 2005-0069, 8585 SAN RAFAEL ROAD Applicant David Graves, DLG Development, 4155 Carrizo Road, Atascadero, CA 93422 Project Title Tentative Parcel Map 2005-0069 Project 8585 San Rafael Road, Atascadero, CA 93422, San Luis Obispo County Location APN 056-361-001 Project A proposed subdivision of an existing 5.36 gross acre lot into two individual parcels of 2.50 and 2.86 Description gross acres. The site currently contains a single-family residence with a detached shop/garage that will remain on proposed Parcel 1, allowing the new lot to be developed as a single-family residence. The lot split will be in a "flag" lot configuration with Parcel 2 gaining access from San Rafael Rd. through a 24' driveway. The existing site consists of gentle slopes with a blue -line creek crossing the proposed Parcel 1 from south to north. Proposed Parcel 2 is currently an open grass pasture. Onsite septic will serve the property with relocation of the existing leach field. Water is available from Atascadero Mutual Water Company. PC Draft Minutes 09/06/05 Page 5 of 11 Associate Planner Kerry Margason gave the staff report and answered questions of the Commission. In response to a Commission question regarding the bike lanes, City Engineer Steve Kahn proposed the applicant be required to do a 401 per the condition and strike the class two bikeways. PUBLIC COMMENT David Graves, applicant, addressed questions raised by the Commission. Susan Litteral clarified the area where the flooding occurs and spoke about consistency with the neighborhood. Ray Cordero stated his concerns with the culvert the applicant proposes to put on the property. Vice Chairperson Beraud closed the Public Comment period. Public Works Director Steve Kahn addressed questions raised during the Public Comment period. There was Commission discussion regarding drainage issues and siting of the driveway. MOTION: By Commissioner O'Keefe and seconded by Commissioner Jones to continue this item so that the drainage issues and flow of water be worked out. Motion passed 5:2 by a roll -call vote. (Kelley, Porter opposed) Vice Chairperson Beraud recessed the hearing at 8:02 p.m. Vice Chairperson Beraud called the meeting back to order at 8:12 p.m. 4. GENERAL PLAN AMENDMENT 2003-0005, WEST FRONT Applicant Richard Shannon, West Front Properties, 5070 San Benito Rd., Atascadero, CA 93422 PC Draft Minutes 09/06/05 Page 6 of 11 General Plan Designation: Rural Estate (RE) Zoning District: Residential Suburban (RS) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The Environmental proposed Negative Declaration is available for public review at 6905 El Camino Real, Suite 6, Determination Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Associate Planner Kerry Margason gave the staff report and answered questions of the Commission. In response to a Commission question regarding the bike lanes, City Engineer Steve Kahn proposed the applicant be required to do a 401 per the condition and strike the class two bikeways. PUBLIC COMMENT David Graves, applicant, addressed questions raised by the Commission. Susan Litteral clarified the area where the flooding occurs and spoke about consistency with the neighborhood. Ray Cordero stated his concerns with the culvert the applicant proposes to put on the property. Vice Chairperson Beraud closed the Public Comment period. Public Works Director Steve Kahn addressed questions raised during the Public Comment period. There was Commission discussion regarding drainage issues and siting of the driveway. MOTION: By Commissioner O'Keefe and seconded by Commissioner Jones to continue this item so that the drainage issues and flow of water be worked out. Motion passed 5:2 by a roll -call vote. (Kelley, Porter opposed) Vice Chairperson Beraud recessed the hearing at 8:02 p.m. Vice Chairperson Beraud called the meeting back to order at 8:12 p.m. 4. GENERAL PLAN AMENDMENT 2003-0005, WEST FRONT Applicant Richard Shannon, West Front Properties, 5070 San Benito Rd., Atascadero, CA 93422 PC Draft Minutes 09/06/05 Page 6 of 11 Owner Colony Associates, 4100 W. Alameda Ave. Suite 103, Burbank, CA 91505 Project Title West Front Village: General Plan Amendment 2003-0005, Planned Development Zone Code Text 2003-0058, Mixed -Use Planned Development Zone Change 2004-0088, Master Plan of Development (CUP 2003-0108), Tentative Tract Map 2003-0035. Project 8870 West Front Road, 8760, 8840 Portola Road (APN 056-131-015, 17, 018, and 019) each within Location the City of Atascadero (San Luis Obispo County). Project The proposed project consists of a General Plan Amendment, Zone Change, establishment of a Planned Description Development Overlay Zone, a corresponding Master Plan of Development (CUP), and a Vesting Tentative Tract Map that would allow for a horizontal mixed-use commercial and residential development on a 13.35 -acre site. The project site fronts both West Front Road and Portola Road and includes 14 single-family residential homes, 18 multi -family residential duplex units, a 79 -unit hotel, and 10,000 square feet of commercial retail/restaurant and gas station/fast food buildings. The project includes a future 5 -lot single-family residential subdivision with retention of an existing historic colony home, adobe building, associated outbuildings, and native oak trees at the rear of the site for an overall project total of 37 residential units. The site contains 18 native oak trees of which 14 are proposed for removal. General Plan Designation: GC — General Commercial Zoning District: CR — Commercial Retail Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The Environmental proposed Mitigated Negative Declaration is available for public review at 6905 El Camino Real, Suite 6, Determination Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Commissioner Patel stepped down from consideration of this item stating he has a potential conflict because he is an existing hotel operator, had challenged this project in the past and has proposed a motel project in the vicinity of this project. (Exhibit A) Deputy Community Development Director Steve McHarris gave the staff report and answered questions of the Commission. A memorandum of recommended corrections to the staff report and conditions of approval was distributed to the Commission. (Exhibit B) PUBLIC COMMENT John Knight, RRM Design Group, applicant's representative, gave a brief overview of the project. Pat Blodey, applicant's architect, answered questions of the Commission John Rosetti, applicant, addressed questions raised by the Commission. Karen Smith raised several issues of concern including traffic on West Front, setbacks, sidewalks and bike lanes along West Front, lighting from the project, noise impacts and landscaping. Denise Morey expressed concern regarding notification for this project and traffic impacts to the neighborhood. PC Draft Minutes 09/06/05 Page 7 of 11 Ron Grove stated his concern with traffic impacts from the commercial portion of this project, especially in a residential area. Robert Gober spoke about the increased traffic impact to the area from this project. Rich Moore expressed his concerns regarding signage at the site, traffic impacts and inconsistency of development with the surrounding neighborhood. Ron Holland spoke about the hotel for the site, which he will own/build, and addressed the issue of truck noise on the site. Hal Carden spoke in favor of the project, which he thinks is appropriate for this site. Richard Shannon, applicant, spoke about the traffic lights they will be installing on Santa Rosa Road at the freeway ramps as well as the commercial uses on the site. Jason McCorey spoke in favor of the project, particularly the affordable housing component. Mary Stall expressed her concern regarding the traffic impacts that will be created by this project. She would like this area to remain residential. John Knight addressed questions raised during the Public Comment period. Karen Smith commented that the noticing for this project could have been better. Vice Chairperson Beraud closed the Public Comment period. City Engineer Steve Kahn addressed traffic issues raised during the Public Comment period. Vice Chairperson Beraud recessed the hearing at 9:52 p.m. Vice Chairperson Beraud called the meeting back to order at 10:00 p.m. Commission comments were as follows: Commissioner Fonzi: 1. Has concerns with traffic, but was reassured by the City Engineer's comments. 2. Would like conditions for lighting and signage; the 50 foot pylon signs are excessive 3. The hotel is an attractive prospect; the bed tax revenue is helpful. 4. Likes the transition from the commercial area to the residential area. 5. Overall is in favor of the project with a few improvements. PC Draft Minutes 09/06/05 Page 8 of 11 Commissioner Kelley: 1. The project is well designed; it will be up to the City Council to determine if this is the proper location for it. 2. Commercial development is needed in the city. 3. Traffic is a concern, but the signals will help move traffic along. 4. Would like to see Coromar Court narrowed, to slow down traffic, and restrict parking to one side to create additional green space. 5. Disappointed that traffic study did not address Coromar; he would like to see a stripe down the center of the road and stop signs. 6. Affordable housing is difficult to achieve given cost of building materials, etc. Commissioner O'Keefe: 1. There has been considerable improvement in the design and layout, and all recommendations from the joint meeting have been met. 2. Traffic is a problem given the proximity of EI Camino Real and Highway 101. 3. Disappointed that the Commission was not given the interior layouts of the houses 4. The 50 foot pylon signs are too high. 5. Is very concerned with the financial numbers the applicant provided to justify conversion of residential to commercial and would like the applicant to produce a report that contains considerably more information. Chairperson Porter 1. Increased traffic is his biggest concern; the proposed traffic signals will help control some of that. 2. His primary concern is generating adequate retail and tax revenues from the commercial projects fronting West Front. 3. Must ensure that restaurant is on the market after the hotel is complete. 4. Overall he feels comfortable sending the project to the Council. Commissioner Jones: 1. Project is stronger now, particularly the housing element. 2. Traffic control devices will produce some results when installed. 3. Must have real calculations reagarding what the foot candle and lumen output will be on the signs and what they will look like, however, it is important to have signage that will get people off the freeway and into the businesses. 4. Wants a condition outlining uses for the project similar to those the Commission came up with for Dove Creek. Vice Chairperson Beraud 1. Agrees that the pylon height is excessive; 40 feet is high enough. 2. She supports narrowing Coromar Court and restricting parking to one side increasing green space in the duplex area. 3. Supports City Council and staff reviewing the allowable uses to ensure they will meet the sales tax generation goal. PC Draft Minutes 09/06/05 Page 9 of 11 4. The financial justification report is inadequate; it must be made clearer and be available to the public. 5. Must include a condition that the business park color theme be a darker tone to reduce glare from the walls facing the residential areas. MOTION: By Commissioner Jones and seconded by Commissioner Kelley to adopt Resolution PC 2005-0056 recommending that the City Council certify Proposed Mitigated Negative Declaration 2005-0165; and, Resolution PC 2005-0057 recommending that the City Council approve General Plan Amendment 2003-0005 based on findings; and, Resolution PC 2005-0058 recommending that the city Council introduce an ordinance for first reading by title only, to approve Zone Code Text Change 2003-0058 establishing a PD -23 overlay district based on findings; and, Resolution No. PC 2005-0059 recommending that the City Council introduce an ordinance for first reading by title only, to approve Zone Change 2003- 0088 based on findings; and, Resolution No. PC 2005-0060 recommending that the City Council approve Master Plan of Development (CUP 2003-0108) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and Resolution No. PC 2005-0061 recommending that the City Council approve Tentative Tact Map 2003-0035 based on findings and subject to Conditions of Approval and Mitigation Monitoring; with the addition of the following conditions: 1) Additional traffic control evaluation on Portola. 2) Eliminate specific non tax uses from pages 75 and 76 and use the Dove Creek model for Council's consideration. 3) Require the applicant to work with staff to adjust colors and textures of the business park. 4) Work with staff to come up with accurate modeling of what the signs look like at night based on their foot candle and their lumen output, and have those mockups for the public hearing before City Council. 5) Applicant to work with staff to narrow Coromar Court to two lanes of traffic with a fire lane and increase the green area. 6) Coromar Street, from Portola to Curbaril, to have a center line and install stop signs at the intersection of Via Tortuga and Coromar. 7) Staff to review the two year marketing period for the restaurant to make sure it is enforceable and in place. Motion passed 5:1 by a roll -call vote. (O'Keefe opposed and Patel abstained) Commissioner O'Keefe stated for the record that she voted no because she doesn't believe that the financial numbers were provided to justify the conversion of residential to commercial. PC Draft Minutes 09/06/05 Page 10 of 11 Vice Chairperson Beraud recessed the hearing at 10:23 p.m. Vice Chairperson Beraud called the meeting back to order at 10:25 p.m. COMMISSIONER COMMENTS AND REPORTS Commissioner O'Keefe questioned who was responsible for repairs of the pavement on Santa Barbara Road and asked about the water at Dove Creek where grading is currently in progress. City Engineer Steve Kahn addressed the questions. Commissioner Jones felt it would be helpful to have a goal and tracking tool for the Commission, when large housing projects come forward, to balance the housing inventory against the General Plan for those areas that should be tracked. Commissioner Kelley stated that having workshops on large projects has helped to make them go smoother. He would like to see notification to neighbors on public workshops as well as hearings on projects that have significant impacts to neighborhoods. Commissioner Fonzi complimented Vice Chairperson Beraud on how she handled tonight's meeting. Chairperson Porter also thanked Vice Chairperson Beraud, stating he had cataract surgery this morning and would have had difficulty running the meeting. DIRECTOR'S REPORT Community Development Director Warren Frace reviewed the agenda for the next Planning Commission meeting. ADJOURNMENT Vice Chairperson Beraud adjourned the meeting at 10:30 p.m. to the next regularly scheduled meeting of the Planning Commission on September 20, 2005. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary The following exhibits are available for review in the Community Development Department: Exhibit A — Commissioner Patel, Conflict Statement Exhibit B — Staff Memorandum for Item #4 PC Draft Minutes 09/06/05 Page 11 of 11 ITEM NUMBER: 2 DATE: 9-20-05 Atascadero Planning Commission Staff Report - Community Development Department Tree Removal Permit TRP 2005-0078 (East Mall / Blizzard) SUBJECT: A request to remove one (1) native oak tree 28" in diameter along the East Mall right- of-way on a vacant commercial parcel in the Downtown area. It has been determined that the oak tree is damaged beyond reclamation by a certified arborist. RECOMMENDATION: Staff recommends: The Planning Commission adopt Resolution PC 2005-0073 to approve the request to remove one (1) native oak tree subject to conditions of approval. Situation and Facts: 1. Applicant: James Blizzard, PO Box 6157, Los Osos, CA 93412 2. Certified Arborist: James Patterson, 9312 N. Santa Margarita Rd., Atascadero, CA 93422 3. Project Address: East Mall, Atascadero, CA 93422 APN: 029-347-031 BACKGROUND: The applicant is proposing the removal of one (1) native oak tree located along the East Mall frontage on a vacant commercial parcel located in Downtown. The tree has been determined to be damaged beyond reclamation by the applicant's arborist. ANALYSIS: According to the arborist, the subject tree consists of a decaying stump with multiple green sprouts. The current sprouts will result in poor tree structure compounded by ITEM NUMBER: 2 DATE: 9-20-05 the weakness of the hollowed stump. The arborist is recommending removal of the tree and replacement with a tree of like species. Per the requirements of the Atascadero Native Tree Ordinance, the following mitigation is required: Evergreen Native Trees (inches) Deciduous Native Trees (inches) Totals dbh notes dbh notes 1 28 -inches 1 2 3 4 5 6 Total 28 -inches Mitigation Requirement req'd tree replacements: Proposed Replanting 9 five gal trees 0 five gal trees 0 box trees (24") 2 3 4 5 6 Total 0 -inches req'd tree replacements: Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees (24") Remaining Mitigation 9 five gal trees Remaining Mitigation 0 five gal trees Tree Fund Payment: $ 366.67 Tree Fund Payment: $ 28 -inches 9 five gal trees 0 five gal trees 0 box trees (24") 9 five gal trees $ 366.67 Staff has conditioned that the applicant follow the mitigation requirements of the Native Tree Ordinance. FINDINGS: In considering any tree removal request, at least one of the findings must be made. Staff has identified the following finding as appropriate for the application request. The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist. CONCLUSION: The tree has been determined to be damaged beyond reclamation by a certified arborist. Based on the arborist report and above analysis, findings can be made to approve the requested removal. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1: Arborist Report Attachment 2: Draft Resolution PC 2005-0073 Attachment 1: Arborist Report at�tmerson ITEM NUMBER DATE: 9-20-05 9312 N. Santa Margarita Rd. • Ataseadero, CA 93422-6307.805-466-2645 • jpatterson@fix.net September 2, 2005 To Whom It May Concern: I have inspected the remnants of a coast live oak ( uercus a ifolia) on East Mall just south of the Assistance League office (East Mall and Palma Avenue). It is the stump sprout of a tree planted along East Mall circa 1920 that died several years ago. The original tree was felled and removed leaving a stump approximately 24" tall. The living portion of what remains consists of several sprouts around the outside of the trunk. As seen in the attached photos, the heart of the trunk has rotted out. The branch attachments on the perimeter of the original trunk are weak and subject to failure as they increase in size. With the extensive heart rot, correctional pruning would not produce a viable street tree. It is my recommendation that the stump be removed and replaced with a viable tree of the same species. If you have any questions or need further information please do not hesitate to call. Respe�"ffull}�! James.Patterson J l )ISA Certified Arborist, WE -0663A Enclosures: Pictures of subject tree. ITEM NUMBER: 2 DATE: 9-20-05 Attachment 2: Draft Resolution PC 2005-0073 DRAFT RESOLUTION PC 2005-0073 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING TREE REMOVAL PERMIT 2005-0078 TO ALLOW THE REMOVAL OF ONE DAMAGED NATIVE OAK TREE LOCATED ALONG EAST MALL (BLIZZARD) WHEREAS, an application for a Tree Removal Permit has been received from James Blizzard, PO Box 6157, Los Osos, CA 93412, to allow the removal of one native oak tree along East Mall; and, WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on September 20, 2005, and considered testimony and reports from staff, the applicants, and the public; and, NOW, THEREFORE, the Planning Commission of the city of Atascadero takes the following actions: SECTION 1. FindintZs for Approval of Tree Removal Permit. The Planning Commission finds as follows: ■ The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist SECTION 2. Approval. The Planning Commission hereby approves Tree Removal Permit 2005-0078 subject to the following: Exhibit A: Conditions of Approval ITEM NUMBER: 2 DATE: 9-20-05 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: 9-20-05 Exhibit A: Conditions of Approval Tree Removal - TRP 2005-0078 Conditions of Approval Timing Responsibility TRP 2005-0074 /Monitoring PR: dorm Removal PS: Planning Services BL: Business License BS: Building Services BP: Building Permit FD: Fire Deparhent TO: Temporary Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. The applicant shall mitigate the removal of the 28"-dbh PR PS Live Oak Tree in accordance with the requirements of the Atascadero Native Tree Ordinance. ITEM NUMBER: 3 DATE: 9-20-05 Planning Commission Staff Report Public Hearing Tentative Parcel Map 2005-0070 5750 Rosario Avenue (Graves) SUBJECT: A proposed condominium map over an existing lot of record to create three airspace units on one common lot. There is an existing single-family unit on the property and detached garage proposed for removal. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2005-0072 approving Tentative Parcel Map 2005-0070, a request to establish three airspace units on one common lot, based on findings and subject to conditions. SITUATION AND FACTS: 1. Applicant/Owners: David Graves, 4155 Carrizo Rd., Atascadero, CA 93422 2. Project Address: 5750 Rosario Avenue, Atascadero, CA 93422 3. General Plan Designation: Medium Density Residential 4. Zoning District: Residential Multi -Family - 10 (Maximum 10 du/ac) 5. Site Area: 0.29 acre (approximately 12,763 square feet) 6. Existing Use: Single -Family residence 7. Environmental Status: Class 15 Categorical Exemption ITEM NUMBER: 3 DATE: 9-20-05 DISCUSSION: Background: The subject property is located in the RMF -10 Zone and contains one single-family residence with a detached accessory structure. The site is surrounded by a single- family residence to the south and west, and three condominium units on the parcel to the east. Figure 1: Property to the west Figure 2: Subject site Figure 3: Residence to be demolished The site is relatively flat and contains three (3) native oak trees. The proposed development will require 150 cubic yards of cut and 75 cubic yards of fill. Condominium Design: The proposed map will create three airspace units on one legal lot of record. Each unit will be approximately 1,200 square feet and contain one (1) covered and one (1) uncovered parking space. One (1) parallel parking space will serve the required guest parking. Each unit is equipped with laundry hook-ups and 100 cubic feet of storage space. The subdivision is consistent with the General Plan Medium Density Residential Land Use Designation and Residential Multi -Family Zoning regulations, based on performance standards. Appearance Review As proposed, the dwelling units do not meet the guidelines established in the Appearance Review Manual for multi -family development in terms of parking area, relationship of buildings and adjoining area, and building design (Attachment #3). Staff recommends at time of submittal of the building permits that the driveway and parking be of decorative paving, that the development incorporate architectural elements including a minimum 2'-0" eave overhangs, decorative brackets beneath the gabled roof, paired windows and window trim, 6x6 porch columns, and additional window groupings on Unit #1 which fronts Rosario Avenue (Attachment #4). The color scheme ITEM NUMBER: 3 DATE: 9-20-05 for the development is recommended to be dark earthen tones with the garage doors to be a complimentary dark earth tone color. Public Improvements: The project has been conditioned to construct curb, gutter and sidewalk along the Rosario Avenue frontage. Environmental Review: Staff has determined that the project as conditioned is consistent with the California Environmental Quality Act (CEQA) as a Class 15 Categorical Exemption for minor land subdivisions. CONCLUSION: The proposed condominium map, as conditioned, is consistent with the 2002 General Plan and Zoning Ordinance and the airspace configurations are consistent with the requirements of the Subdivision Ordinance. Staff recommends the Planning Commission approve the Tentative Parcel Map as conditioned. ALTERNATIVES: 1. The Commission may approve the map subject to additional or revised project conditions. The Commission's motion to approve needs to include any new or revised project conditions. 2. The Commission may deny the map if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. PREPARED BY: Lisa Wilkinson, Assistant Planner ATTACHMENTS: Attachment 1 -- Location Map (Zoning) Attachment 2 -- Arborist Letter Attachment 3 -- Elevations Attachment 4 -- Recommended Changes to Elevations Attachment 5 -- Draft Resolution PC 2004-0072 ITEM NUMBER DATE: 9-20-05 ATTACHMENT 1: Location Map (Zoning) TPM 2005-0070 5750 Rosario Avenue Zone: Residential Multi -family - 10 du/ac (RMF -10) i Land Use Designation: Medium 15 Density Residential (MDR) ITEM NUMBER DATE: 9-20-05 ATTACHMENT 2: Arborist Letter TPM 2005-0070 5750 Rosario Avenue �robetl Tree *urgerp Arborist Report Re; Graves Construction September 1, 2005 5750 Rosario Atascadero, CA Tree #1 Live Oak, Quercus Agrifolia, right front, has a multi stem at 12", 9", 1111, 20", 12", 12" & 14" diameters at breast height is in good condition. It has an existing 6' away from the main stem. This wall shall remain untouched do to critical root zone protection. I recommend a light structure prune for this tree to remove excess weight and all unsafe limbs such as deadwood etc. The proposed new building footprint shall be no closer than 10' from main stem. Tree protection shall be provided outside building footprint along drip line to curb or sidewalk. Care should be taken when existing house and foundation is removed to not encroach on the recommendation of 10' away from the main stem to reduce impact on the C.R.Z. Any roots 2" or greater shall be flush cut and sealed not torn by equipment. While demolition on this portion of the project is being performed I would like to be on site to make sure my recommendations are being followed. Tree #2 Live Oak, Quercus Agrifolia, right rear, is 10" diameter at breast height and is in good condition. The contractor proposes a 2' 8" retaining wall 6' from the main stem to retain the dirt along the C.R.Z. This will be o.k. it will help the tree's roots. Any roots 2" or greater shall be flush cut and sealed not torn by equipment. During excavation around this tree I would like to be on site to make sure my recommendations are being followed. Respectively, Chuc Scovell Ce fled Arborist #346 ATTACHMENT 3: Elevations TPM 2005-0070 5750 Rosario Avenue _ MOWD.R.,� y tole W:•r ITEM NUMBER: 3 DATE: 9-20-05 f for W,.a n ATTACHMENT 4: Recommended Changes to Elevations TPM 2005-0070 5750 Rosario Avenue ITEM NUMBER: 3 DATE: 9-20-05 • • Single hung windows throughout overhang� Two paired single hung windows (Unit #1) with window trim Paired single hung windows with window trim throughout sue uevnv i fill Vr•�P Garage to be a complimentary color, not white. 2 -foot } overhang ' tEf1flEVAiIOM ITEM NUMBER: 3 DATE: 9-20-05 ATTACHMENT 5: Draft Resolution PC 2004-0072 TPM 2005-0070 5750 Rosario Ave. DRAFT RESOLUTION NO. PC 2005-0072 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING TENTATIVE PARCEL MAP 2005-0070, ESTABLISHING THREE AIRSPACE UNITS ON ONE COMMON LOT AT 5750 ROSARIO AVENUE (Graves) WHEREAS, an application was received from David Graves, 4155 Carrizo Road, Atascadero, California 93422 (Owner/Applicant), to consider a Tentative Parcel Map for conversion of three existing dwellings to airspace condominiums on one common lot); and, WHEREAS, the proposed project has a General Plan Designation of Medium Density residential (MDR) and is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and, WHEREAS, the site is located in the Residential Multi -family — 10 du/ac (RMF -10) which allows for the proposed use and density when certain findings are made; and, WHEREAS, a Categorical Exemption (Class 15) was prepared for the project in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Tentative Parcel Map application on September 20, 2005 at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public. NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for approval of condominium map. The Planning Commission finds as follows: 1. The proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements. 3. The site is physically suitable for the density of development proposed. ITEM NUMBER: 3 DATE: 9-20-05 4. The design and improvement of the proposed map will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 5. The map is consistent with the character of the immediate neighborhood. 6. The design of the condominium map will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. The proposed condominium map design and type of improvements proposed will not cause serious public health problems. SECTION 2. Approval. The Planning Commission does hereby approve Tentative Parcel Map 2005-0070 to establish three airspace units on one common lot, subject to the following Conditions and Exhibits: EXHIBIT A: Categorical Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Tentative Parcel Map 2005-0070 (AT 05-0201) On motion by Commissioner and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ADOPTED: ABSTAINED: CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary EXHIBIT A: Categorical Exemption TPM 2005-0070 • ►1 ITEM NUMBER: 3 DATE: 9-20-05 0 • COMMUNITY DEVELOPMENT DEPARTMENT C E Q A REVIEW FINDING OF EXEMPTION Date Received for Filing FROM: City of Atascadero _ t 6905 EI Camino Real Suite 6 Atascadero, CA 93422 SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of tfie public Resources Code Project Title TENTATIVE PARCEL MAP 2005-0070: DAVID GRAVES Project Location (Include County 5750 Rosario Avenue Atascadero, California 93422 (San Luis Obispo County) Project Description: A Tentative Parcel Map application for three (3) condominium airspace units on one common lot in the Residential Multi -family (RMF -10) zoning district. No native trees are proposed for removal. City sewer serves the property and water is provided by the Atascadero Mutual Water Company. Name of Public Agency Approving_Prgject City of Atascadero Name of Person or Agency Carrying Out Project David Graves 4155 Carrizo Road Atascadero, CA 93422 Exempt Status: ❑ Ministerial (Sec. 21080 (b)(l); 15268) ❑ Declared Emergency (Sec. 21080(b)(3); 15269(a)) ❑ Emergency Project (Sec.21080 (b)(4); 15269(b)(c)) ® Categorical Exemption (Sec. 15315, minor land divisions) Reasons why proiect is exempt: Class 15 of the California Environmental Quality Act (CEQA) (Section 15315) exempts the division of property in urbanized areas zoned for residential use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent.. Date: September I, 2005 ��Q Lisa Wilkinson Assistant Planner Contact Person: Warren Frace, Community Development Director, City of Atascadero 805.461.5000 ITEM NUMBER DATE: 9-20-05 EXHIBIT B: Conditions of Approval TPM 2005-0070 Conditions of Approval Timing Responsibility Mitigation TPM 2005-0070 /Monitoring Measure PS: Planning Services Address: 5750 Rosario Ave BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Standard Planning Conditions 1. The approval of this application shall become final, subject to PM PS the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Parcel Map shall be valid for two PM 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 PM PS authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Parcel Map. 4. A parcel map drawn in substantial conformance with the PM 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. 5. The subdivider shall defend, indemnify, and hold harmless the Ongoing CA 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 subdivision. 6. The applicant shall submit a condominium plan, for review and PM PS/PW approval by the Community Development Department and Public Works Department. The condominium plan shall record concurrently with the final parcel map. 7. The parcel map shall be subject to additional fees for park or PM PS recreation purposes (QUIMBY Act) as required by City Ordinance. Project Planning Conditions 8. Prior to final map, the applicant shall submit CC&R's for FM PS/PW review and approval by the Community Development Department. The CC&R's shall record with the Final Map and ITEM NUMBER DATE: 9-20-05 Conditions Of Approval Timing Responsibility Mitigation TPM 2005-0070 /Monitoring Measure PS: Planning Services Address: 5750 Rosario Ave BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy shall include the following: a. Exclusive use easements for the private yard areas. b. Provisions for maintenance of all common areas including access, parking, street trees, any fencing and landscaping. C. A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. d. A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. 9. This map shall be for the approval of airspace units only. The FM PS final map shall show one common lot and three airspace units. 10. Should the units be constructed and rented prior to the FM PS recordation of the final map, all requirements set forth in Government Code Section 66427.1 shall be met. 11. All construction and development shall be consistent with the FM PS/BS approved plans except the proposed Coral Bark Maple tree on the landscaping plan shall be replaced with a more drought tolerant species, approved by the Community Development Department. 12. Each unit will be provided 100 square feet of enclosed storage FO PS/BS space, exclusive of closets. 13. Unit #3 is required to maintain the standard 10 -foot rear yard BP PS/BS setback. A setback inspection is required prior to placement of concrete. 14. The applicant shall submit a landscape and irrigation plan BP PS utilizing drought tolerant species. 15. The color scheme shall be approved by the Community BP PS Development Department prior to issuance of building permits. City Engineer Project Conditions 16. Applicant shall overlay or slurry seal Rosario Avenue along the BP CE entire property frontage, from the centerline plus ten feet. Final street repair shall be determined by the City Engineer upon ITEM NUMBER DATE: 9-20-05 Conditions Of Approval Timing Responsibility Mitigation TPM 2005-0070 /Monitoring Measure PS: Planning Services Address: 5750 Rosario Ave BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy submittal of the Public Improvement Plans. 17. All frontage improvements shall be constructed on Rosario BP CE Avenue. Improvements shall include widening Rosario Avenue and constructing curb, gutter and sidewalk along the property frontage. The sidewalks shall be a minimum of 5 -feet wide with a minimum of 48 -inches of clearance. Clearance requirement shall include mailboxes, signs, utility poles, and other obstacles. 18. Applicant shall provide a public access easement at the back of FM CE the driveway, as shown on the Tentative Map, to allow for ADA compliance. 19. Applicant shall submit drainage calculations in accordance to the BP CE City Engineering Standards, for review and approval by the City Engineer, prior to construction of improvements. City Engineer Standard Conditions 20. All public improvements shall be constructed in conformance FM CE with the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 21. 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. 22. An engineer's estimate of probable cost shall be submitted for FM CE review and approval by the City Engineer to determine the amount of the bond. 23. The Subdivision Improvement Agreement shall record FM CE concurrently with the Final Parcel Map. 24. An encroachment permit shall be obtained prior to the issuance BP CE of a building permit. 25. A six (6) foot Public Utility Easement (PUE) shall be provided FM CE contiguous to the Rosario Avenue property frontage. 26. The applicant shall be responsible for the relocation and/or BP CE alteration of existing utilities. 27. The applicant shall install all new utilities (water, gas, electric, BP CE cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. ITEM NUMBER DATE: 9-20-05 Conditions Of Approval Timing Responsibility Mitigation TPM 2005-0070 /Monitoring Measure PS: Planning Services Address: 5750 Rosario Ave BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 28. The applicant shall monument all property corners for FM CE construction control and shall promptly replace them if disturbed. 29. The applicant shall acquire title interest in any off-site land that FM CE may be 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. 30. Slope easements shall be provided as needed to accommodate FM CE cut of fill slopes. 31. Drainage easements shall be provided as needed to FM CE accommodate both public and private drainage facilities. 32. A preliminary subdivision guarantee shall be submitted for review FM CE in conjunction with the processing of the final parcel map. 33. All existing and proposed utility, pipeline, open space, or other FM CE easements are to be shown on the final 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 final parcel map. 34. The final parcel map shall be signed by the City Engineer prior to FM CE the map being placed on the agenda for City Council acceptance. 35. Prior to recording the final parcel map, the applicant shall submit FM CE a map drawn in substantial conformance with the approved tentative parcel 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. 36. Prior to recording the final parcel map, the applicant shall set FM CE monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the final 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. 37. Prior to recording the final parcel map, the applicant shall pay all FM CE outstanding plan check/inspection fees. 38. Prior to recording the final parcel map, the applicant shall FM CE complete all improvements required by these conditions of approval. ITEM NUMBER DATE: 9-20-05 Conditions Of Approval Timing Responsibility Mitigation TPM 2005-0070 /Monitoring Measure PS: Planning Services Address: 5750 Rosario Ave BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 39. Prior to recording the final parcel map, the applicant shall have FM CE 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 indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 40. Upon recording the final parcel map, the applicant shall provide FM CE the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 41. Prior to the final inspection of any public improvements, the BP CE 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. 42. Prior to the final inspection, the applicant shall submit a written BP CE certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. Atascadero Mutual Water Company Project Conditions 43. Before recordation of the final map, the applicant shall FM AMWC 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 new 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. 44. 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. 45. Before issuance of building permits, the applicant shall obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. 46. Separate water meters for domestic water service are required for each individual lot within the subdivision. 47. 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. ITEM NUMBER DATE: 9-20-05 Conditions Of Approval Timing Responsibility Mitigation TPM 2005-0070 /Monitoring Measure PS: Planning Services Address: 5750 Rosario Ave BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 48. A separate landscape meter is required for common landscape areas of 5000 square feet or more. EXHIBIT C: Tentative Parcel Map TPM 2005-0070 (AT 05-0201) VOW y / � � riu Y 1►) i ITEM NUMBER: 3 DATE: 9-20-05 €�s ITEM NUMBER: 4 DATE: 9-20-05 Planning Commission Staff Report Public Hearing Tentative Tract Map 2005-0070 (TR 2748) 7925 Santa Ysabel Avenue (Fetyko) SUBJECT: The project consists of a proposed condominium map to create four (4) airspace units on one common lot. The lot is currently under construction. RECOMMENDATION: Planning Commission adopt Resolution PC 2005-0074 approving Tentative Tract Map 2005-0070, to establish four airspace condominium units on one common lot, based on findings and subject to conditions. SITUATION AND FACTS: 1. Applicant/Owners: Andy Fetyko, PO Box 422, San Luis Obispo, CA 93406 2. Project Address: 7925 Santa Ysabel Avenue, Atascadero, CA 93422 APN: 030-101-022 3. General Plan Designation: High Density Residential 4. Zoning District: Residential Multi -family - 16 (Maximum 16 du/ac) 5. Site Area: .262 acre 6. Existing Use: under construction 7. Environmental Status: Class 1 Categorical Exemption: Existing Facilities ITEM NUMBER: 4 DATE: 9-20-05 DISCUSSION: Background: The property is located on the east side of Santa Ysabel Avenue within the RMF -16 Zoning District. The parcel is currently under construction with 4 detached units taking access off of Santa Ysabel Avenue and Curbaril Avenue. City sewer serves the property, and water is available from the Atascadero Mutual Water Company. Analysis: The proposed map will create four (4) airspace units on one legal lot of record. The subdivision is consistent with the General Plan High Density Residential Land Use Designation and Residential Multi -family Zoning regulations. The site was reviewed during the building permit process and meets all requirements of the Zoning Ordinance. Environmental Review: As proposed, the project qualifies for a Class 1 Categorical exemption, which exempts existing facilities from CEQA review. CONCLUSION: The proposed condominium map, as conditioned, is consistent with the 2002 General Plan and Zoning Ordinance and the airspace configurations are consistent with the requirements of the Subdivision Ordinance. Staff recommends the Planning Commission approve the Tentative Tract Map as conditioned. ALTERNATIVES: 1. The Commission may approve the map with modified project conditions. 2. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. 3. The Commission may deny the map if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. PREPARED BY: Kerry Margason, Associate Planner ATTACHMENTS: Attachment 1 -- Location Map (General Plan & Zoning) Attachment 2 -- Draft Resolution PC 2005-0074 ITEM NUMBER: 4 DATE: 9-20-05 ATTACHMENT 1: Location Map (General Plan / Zoning) TTM 2005-0070 7925 Santa Ysabel Avenue Zone: Residential Multi -Family - 16 du/ac (RMF - 16) Land Use Designation: High Density Residential (HDR) ITEM NUMBER: 4 DATE: 9-20-05 ATTACHMENT 2: Draft Resolution PC 2005-0074 TTM 2005-0070 7925 Santa Ysabel Avenue DRAFT RESOLUTION PC 2005-0074 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING TENTATIVE TRACT MAP 2005-0070, ESTABLISHING FOUR AIRSPACE UNITS ON ONE COMMON LOT AT 7925 SANTA YSABEL AVENUE APN 030-101-022 (FETYKO) WHEREAS, an application was received from Andy Fetyko, PO Box 422, San Luis Obispo, CA 93406 (Owner/Applicant), to consider a Tentative Tract Map to establish four (4) airspace units on one common lot on APN 030-101-022; and, WHEREAS, a Categorical Exemption (Class 1) was prepared for the project in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the site's current General Plan Designation is High Density Residential (HDR); and, WHEREAS, the site's current zoning district is RMF -16 (Residential Multi -family — 16); and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Parcel Map application was held by the Planning Commission of the City of Atascadero on September 20, 2005, at which both oral and documentary evidence was admitted on behalf of said project; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for approval of Tentative Tract (Condominium) Map. The Planning Commission finds as follows: 1. The proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements; and, 2. The design and improvement of the proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements; and, 3. The site is physically suitable for the density of development proposed; and, ITEM NUMBER: 4 DATE: 9-20-05 4. The design and improvement of the proposed map will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat; and, 5. The map is consistent with the character of the immediate neighborhood; and, 6. The design of the condominium map will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided; and, 7. The proposed condominium map design and type of improvements proposed will not cause serious public health problems. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on September 20, 2005 resolved to approve Tentative Tract Map 2004-0062 (AT 04-0214) subject to the following: EXHIBIT A: CEQA Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Tentative Tract Map 2005-0070 (TR 2748) On motion by Commissioner and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: ABSTAINED: CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary ITEM NUMBER: 4 DATE: 9-20-05 EXHIBIT A: Proposed Categorical Exemption TTM 2005-0070 COMMUNITY DEVELOPMENT 'BT��canLE p CEQA REVIEW Finding of Exemption TO: ® File Date Received for Filing ❑ Office of Planning and Research 1400 Tenth Street Sacramento, CA 95814 FROM: City of Atascadero 6905 El Camino Real, Suite 6 Atascadero, CA 93422 SUBJECT: Filing of Notice of Determination in Compliancessith Section 21152 of the Public Resotu-ces Code Proiect Title TTM 20050070: TRACT 2748 Proiect Location (Include County) 7925 ShWa Isabel Ave Atascadero, CA 93422 (Sem Luis Obispo County) Project Description Creation of 4 airspace units on one common Lot. Multi family project currently under construction. Name of Public Agency Annroving Project City ofAtascadero Name of Person or Agency CaMaM Out Project DA Fetyko Exempt Status: ❑ Ministerial (Sec. 21080 ftl);15268) ❑ Declared Emergency (Sec.21080(b)(3715269(a)) ❑ Emergency Project (Sec.21080 (bX4); 15269(b)(c)) ® Categorical Exemption (Sec. 15301, Existing Facilities) Reasons why project is exempt: Class 1 of the California Environmental Quality Act (CEQA) (Section 15301, Existing Facilities) exempts the maintenance of existing facilities with negligible expansion of use. Date: September 13, 2005 Kelly Gleason Associate Planner Contact Person: Warren Frace,Corrmunity Development Director, City ofAtascadero 805.461.5035 ITEM NUMBER DATE: 9-20-05 EXHIBIT B: Conditions of Approval / Mitigation Monitoring TTM 2005-0070 Conditions of Approval Timing Responsibility Mitigation TTM 2005-0070 /Monitoring Measure PS: Planning Services Address: 7925 Santa Ysabel Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Standard Planning Conditions 1. The approval of this application shall become final, subject to FM PS the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Tract Map shall be valid for two 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 construction design issue that is not substantive to the Tentative Tract Map. 4. A tract map 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. 5. The subdivider shall defend, indemnify, and hold harmless the Ongoing CA 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 subdivision. 6. The parcel map shall be subject to additional fees for park or FM PS recreation purposes (QUIMBY Act) as required by City Ordinance. 7. Prior to final map, the applicant shall submit CC&Rs for review FM PS/PW and approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a. Exclusive use easements for private yard areas. b. Provisions for maintenance of all common areas including access, parking, street trees, fencing and ITEM NUMBER DATE: 9-20-05 Conditions Of Approval Timing Responsibility Mitigation TTM 2005-0070 /Monitoring Measure PS: Planning Services Address: 7925 Santa Ysabel Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy landscaping. C. Provisions for financing maintenance and upkeep of all common areas. d. A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. e. Individual unit's responsibility for keeping all trash receptacles within the unit's garage. f. A provision requiring that individual garages be maintained for vehicle parking. g. 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. 8. Prior to recordation of the final map, the applicant shall submit FM PS/PW a condominium plan for recording concurrently with the final map. A qualified licensed professional shall prepare the final map and the condominium plan. City Engineer Standard Conditions 9. All public improvements shall be constructed in conformance FM PW with the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 10. In the event that the applicant is allowed to bond for the public FM PW improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 11. An engineer's estimate of probable cost shall be submitted for FM PW review and approval by the City Engineer to determine the amount of the bond. 12. The Subdivision Improvement Agreement shall record FM PW concurrently with the Final Map. 13. An encroachment permit shall be obtained prior to the BP PW issuance of building permit. 14. The applicant shall enter into a Plan Check/inspection BP PW ITEM NUMBER DATE: 9-20-05 Conditions Of Approval Timing Responsibility Mitigation TTM 2005-0070 /Monitoring Measure PS: Planning Services Address: 7925 Santa Ysabel Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy agreement with the City. 15. A six (6) foot Public Utility Easement (PUE) shall be provided FM PW contiguous to the Santa Ysabel Avenue property frontage. 16. The applicant shall be responsible for the relocation and/or BP PW alteration of existing utilities. 17. The applicant shall install all new utilities (water, gas, electric, BP PW cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 18. The applicant shall monument all property corners for FM PW construction control and shall promptly replace them if disturbed. 19. The applicant shall acquire title interest in any off-site land that FM PW may be 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. 20. Slope easements shall be provided as needed to FM PW accommodate cut of fill slopes. 21. Drainage easements shall be provided as needed to FM PW accommodate both public and private drainage facilities. 22. A preliminary subdivision guarantee shall be submitted for FM PW review in conjunction with the processing of the parcel map. 23. All existing and proposed utility, pipeline, open space, or other FM 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. 24. The final map shall be signed by the City Engineer prior to the FM PW map being placed on the agenda for City Council acceptance. 25. Prior to recording the parcel map, the applicant shall submit a FM PW map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 26. Prior to recording the parcel map, the applicant shall set FM PW monuments at all new property corners. A registered civil ITEM NUMBER DATE: 9-20-05 Conditions Of Approval Timing Responsibility Mitigation TTM 2005-0070 /Monitoring Measure PS: Planning Services Address: 7925 Santa Ysabel Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 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. 27. Prior to recording the parcel map, the applicant shall pay all FM PW outstanding plan check/inspection fees. 28. Prior to recording the map, the applicant shall complete all FM PW improvements required by these conditions of approval. 29. Prior to recording the parcel 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 indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 30. 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. 31. 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. 32. Prior to the final inspection, the applicant shall submit a written BP PW certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. Atascadero Mutual Water Company Project Conditions 33. Before recordation of the final map, the applicant shall FM AMWC 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 new water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross -connection devices shall conform to AWWA and California Department of Health Services standards. ITEM NUMBER DATE: 9-20-05 Conditions Of Approval Timing Responsibility Mitigation TTM 2005-0070 /Monitoring Measure PS: Planning Services Address: 7925 Santa Ysabel Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 34. 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. 35. Before issuance of building permits, the applicant shall obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. 36. 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. 37. Separate water meters for domestic water service are required for each individual lot within the subdivision :XHIBIT C: Tentative Tract Map TR 2748 TTM 2005-0070 11 J ITEM NUMBER: 4 DATE: 9-20-05 1r •� l— ` _ 1 - U _ �� -- _ _ _- ar Iftl }} Sgt XX y :LOPlENT Jt 1r: �����$H b�r.5 Of q$q✓q�q:iii 9$y if iiaSSfi'� <� F I � EQ6`� 13, Is� Ibb Ibb g1 QQ q -I� 1r •� l— ` _ 1 - U _ �� -- _ _ _- ar Iftl }} Sgt XX Ra� Iftl }} Sgt XX Jt 1r: �����$H b�r.5 q$q✓q�q:iii 9$y if iiaSSfi'� <� F F esuoA$ EX 0 ITEM NUMBER: 5 DATE: 9-20-05 Planning Commission Staff Report Staff Report - Community Development Department Tentative Parcel Map 2005-0071 3600 Traffic Way (Barre) SUBJECT: A proposed two lot subdivision of an existing 2.07 acre lot located at 3600 Traffic Way. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2005-0076 approving Tentative Parcel Map 2005-0071, subject to conditions of approval. SITUATION AND FACTS: 1. Applicant/Owners: Gene Barre, P.O. Box 176, Templeton, CA 93465 2. Project Address: 3600 Traffic Way, Atascadero, CA 93422 APN: 049-033-004 3. General Plan Designation: Single -Family Residential (SFR -Y) 4. Zoning District: Residential Single -Family (RSF-Y, 1 acre minimum) 5. Site Area: 2.07 gross acres 6. Existing Use: Single -Family residence 7. Environmental Status: Class 15, Categorical Exemption Section 15315 ITEM NUMBER: 5 DATE: 9-20-05 DISCUSSION: Background The property is located in the Residential Single -Family (RSF-Y) Zone with an existing single-family residence on 2.07 gross acres. The proposed map will create two (2) lots consisting of 1.07 and 1.00 gross acre. The RSF-Y Zone is intended for single-family homes on lot sizes of 1.00 gross acres. The site contains an average 7% slope. On-site septic will serve the property and water is available from Atascadero Mutual Water Company. Flag Lot Design The proposed subdivision is designed with a flag lot with the remaining portion of the property having frontage on Traffic Way. The accessway serving the flag lot is excluded from the required one (1) acre gross lot size. The flag portion is no greater than one hundred fifty (150) feet in length and twenty (20) feet in width. Staff recommends that the Planning Commission approve the existing gravel access without requiring pavement as the lot is relatively flat, is surrounded by rural -type land uses, and is within the driplines of the native trees. Due to the subdivision design, the accessory agriculture buildings will no longer conform to the required setbacks. The agricultural structures will need to be demolished prior to the recordation of the Parcel Map (condition #15). General Plan Consistency The subdivision is consistent with the General Plan Single -Family Residence Land Use Designation and Residential Single -Family Zoning regulations with minimum lot sizes of 1.00 gross acre. Environmental Review As proposed, the subdivision qualifies for a Class 15, Categorical Exemption (minor land division) under the provisions of the California Environmental Quality Act (CEQA) Section 15315. CONCLUSION: The subdivision is consistent with the General Plan, Zoning regulations, and the Subdivision Ordinance. Staff recommends the Planning Commission approve the Tentative Parcel Map as conditioned. ITEM NUMBER: 5 DATE: 9-20-05 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: Location Map (General Plan & Zoning) Attachment 2: Aerial View Attachment 3: Draft Resolution PC 2005-0076 ITEM NUMBER DATE: 9-20-05 ATTACHMENT 1: Location Map (General Plan / Zoning) TPM 2005-0071 4aA) Proiect Site ITEM NUMBER: 5 DATE: 9-20-05 ATTACHMENT 2: Aerial View TPM 2005-0071 e. =Project Site - � ` r. ITEM NUMBER: 5 DATE: 9-20-05 ATTACHMENT 3: Draft Resolution PC 2005-0076 TPM 2005-0071 3600 Traffic Way DRAFT RESOLUTION PC 2005-0076 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 2005-0071, A TWO LOT SUBDIVISION LOCATED AT 3600 TRAFFIC WAY, APN 049-033-004 (Barre) WHEREAS, an application was received from Gene Barre, P.O. Box 176, Templeton, CA 93465, owner and applicant, to consider a two lot subdivision on a 2.07 gross acre lot located at 3600 Traffic Way (APN 049-033-004); and, and, WHEREAS, the site's General Plan Designation is Single -Family Residential (SFR -Y); WHEREAS, the site's Zoning District is Residential Single -Family (RSF-Y); and, WHEREAS, a Categorical Exemption (Class 15) was prepared for the project in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, a timely and properly noticed Public Hearing upon the subject tentative parcel map 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 or the City of Atascadero, at a duly noticed public hearing held on September 20, 2005, studied and considered Tentative Parcel Map 2005- 0071, after first studying and considering the Categorical Exemption prepared for the project; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of Tentative Parcel Map 2005-0071. The Planning Commission finds as follows: 1. The proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements. 3. The site is physically suitable for the density of development proposed. ITEM NUMBER: 5 DATE: 9-20-05 4. The design and improvement of the proposed map will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 5. The map is consistent with the character of the immediate neighborhood. SECTION 2. Findings for Approval of a Flag Lot Parcel. The Planning Commission finds as follows: 1. The subdivision is consistent with the character of the immediate neighborhood. 2. The installation of a standard street, either alone or in conjunction with neighboring properties is not feasible. 3. The flag lot is justified by topographical conditions. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on September 20, 2005, resolved to approve Tentative Parcel Map 2005-0071 (AT 05-0173) subject to the following: 1. EXHIBIT A: CEQA Exemption 2. EXHIBIT C: Tentative Parcel Map 2005-0071 (AT 05-0173) 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: ( ) ABSTAINED: ( ) ABSENT: ADOPTED: CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary EXHIBIT A: Proposed Categorical Exemption TPM 2005-0071 'Ed ITEM NUMBER: 5 DATE: 9-20-05 0 • COMMUNITY DEVELOPMENT DEPARTMENT C E Q A REVIEW FINDING OF EXEMPTION TO: N File DateREGEFVE Jlag FROM: City of Atascadero AUG 312005 6905 El Camino Real Suite 6 Atascadero, CA 93422 PLANNING DIVISION SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code Project Title TENTATIVE PARCEL MAP 2005-0071: GENE BARRE Project Location (Include County) 3600 Traffic Way Atascadero, California 93411 (San Luis Obispo County) Project Description The project will establish two (2) residential lots containing 1.07 and 1.00 gross acres in the Residential Single - Family zone. Name of Public Agency Approving Project City of Atascadero Name of Person or Agency Carrying Out Project Gene Barre P.O. Box 176 Templeton, CA 93465 Exempt Status: ❑ Ministerial (Sec. 21080(b)(1); 15268) ❑ Declared Emergency (Sec. 21080(b)(3); 15269(a)) ❑ Emergency Project (Sec.21080 (b)(4); 15269(b)(c)) N Categorical Exemption (Sec. 15315, Minor Land Divisions) Reasons why project is exempt: Class 15 of the California Environmental Quality Act (CEQA) (Section 15315) exempts the division of property in urbanized areas zoned for residential use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope egreater `than 20 percent. Date: August 31, 2005 � o— lX/1�� �1 Lisa Wilkinson Assistant Planner Contact Person: Warren Frace, Community Development Director, City of Atascadero 805.461.5000 ITEM NUMBER DATE: 9-20-05 EXHIBIT B: Conditions of Approval TPM 2005-0071 Conditions of Approval Timing Responsibility Mitigation TPM 2005-0071 /Monitoring Measure PS: Planning Services Address: 3600 Traffic Way BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Standard Planning Conditions 1. The approval of this application shall become final, subject to FM PS the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Parcel 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 construction design issue that is not substantive to the Tentative Parcel Map. 4. A parcel map 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. 5. The subdivider shall defend, indemnify, and hold harmless the Ongoing CA 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 subdivision. 6. The parcel map shall be subject to additional fees for park or FM PS recreation purposes (QUIMBY Act) as required by City Ordinance. Project Planning Conditions 7. Future utilities to the new lot will be placed underground and BP PS located within the driveway area to reduce any potential impacts to native vegetation. 8. The access way serving the flag lot(s) shall not be included FM PS in the determination of required lot area for any lot. ITEM NUMBER DATE: 9-20-05 Conditions Of Approval Timing Responsibility Mitigation TPM 2005-0071 /Monitoring Measure PS: Planning Services Address: 3600 Traffic Way BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 9. The original lot shall have frontage on a dedicated street. FM PS 10. The access way to the rear shall be at least twenty (20) feet FM PS wide. A paved driveway is not required. 11. Parcel #2 shall be granted an access and utility easement FM PW/PS along the flag portion of parcel #1 for ingress and egress to the property. 12. Parcel #2 shall utilize the flag lot portion for future ingress and egress. 13. Proposed Parcel #1 shall own the access way in fee. FM PW/PS 14. The applicant shall be responsible for the relocation and/or BP PW alteration of existing utilities. 15. The applicant shall demolish the agricultural accessory FM PS structures. 16. The applicant shall install all new utilities (water, gas, electric, BP PW cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 17. The applicant shall monument all property corners for FM PW construction control and shall promptly replace them if disturbed. 18. The applicant shall acquire title interest in any off-site land that FM PW may be 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. 19. Drainage easements shall be provided as needed to FM PW accommodate both public and private drainage facilities. 20. A preliminary subdivision guarantee shall be submitted for FM PW review in conjunction with the processing of the parcel map. 21. All existing and proposed utility, pipeline, open space, or other FM 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. 22. The final map shall be signed by the City Engineer prior to the FM PW map being placed on the agenda for City Council acceptance. ITEM NUMBER DATE: 9-20-05 Conditions Of Approval Timing Responsibility Mitigation TPM 2005-0071 /Monitoring Measure PS: Planning Services Address: 3600 Traffic Way BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 23. Prior to recording the parcel map, the applicant shall submit a FM PW map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 24. Prior to recording the parcel map, the applicant shall set FM PW monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 25. Prior to recording the map, the applicant shall complete all FM PW improvements required by these conditions of approval. 26. Prior to recording the parcel 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 indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 27. 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. 28. 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. 29. Prior to the final inspection, the applicant shall submit a written BP PW certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. City Engineer Project Conditions 30. FM PW Atascadero Mutual Water Company Project Conditions 31. Before recordation of the final map, the applicant shall FM AMWC 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 ITEM NUMBER DATE: 9-20-05 Conditions Of Approval Timing Responsibility Mitigation TPM 2005-0071 /Monitoring Measure PS: Planning Services Address: 3600 Traffic Way BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy system improvements. All new 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. 32. Before the start of construction on the water system BP AMWC improvements, the applicant shall pay all installation and connection fees required by AMWC. 33. Before issuance of building permits, the applicant shall FM AMWC obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. 34. Separate water meters for domestic water service are BP AMWC required for each individual lot created by the subdivision. 35. The applicant is responsible for designing and construction FM AMWC water system improvements that will provide water pressures and flows adequate for the domestic and fire protection needs of the project. ITEM NUMBER: 5 DATE: 9-20-05 EXHIBIT C: Tentative Parcel Map AT 05-0173 TPM 2005-0071 �+ _ " � 7 nes' x�� � oy � t � �sg ; •y :R-§ � �; : $= C=any ' F3 IBM ; I'm I NO% � 'N o SG a_,,, ila Y7C %' b3)1�yS �bb OlbIt �� a kv, 10 gol bit � I 3 A ` a.n s, h'/ P • I1 x1 _ �'�L 1 �-h 1 •o w a $6.x 1 e'wa I k-/ _. / a Rei? 3 ae j6y� I �� 4p4 ay ni INV 44 add ..v q ;9 iE ITEM NUMBER: 6 DATE: 9-20-05 Atascadero Planning Commission Staff Report - Community Development Department 4180 EI Camino Real Master Plan of Development (CUP 2005-0148) (Carl's Jr.) SUBJECT: The proposed project consists of an application for a Conditional Use Permit to establish a drive-through restaurant at 4180 EI Camino Real. The project site improvements include parking, site landscaping, and frontage improvements. The proposed project is located on the vacant pad in the existing K -mart shopping center. RECOMMENDATION: Planning Commission adopt Resolution PC 2005-0075 certifying Proposed Mitigated Negative Declaration 2005-0047 and approving the Master Plan of Development (CUP 2005-0148) based on findings and subject to Conditions of Approval and Mitigation Monitoring. SITUATION AND FACTS: 1. Owner: Kmart Corporation, 3100 W. Big Beaver Rd., Troy, MI 48084 2. Applicant / Representative: CKE Restaurants, Inc., 401 W. Carl Karcher Way, Anaheim, CA 92801 3. Project Address: 4180 EI Camino Real, Atascadero, CA 93422 (San Luis Obispo County) APN 049-221-063 4. General Plan Designation: General Commercial (GC) 5. Zoning District: Commercial Retail (CR) 6. Site Area: 0.83 acre 7. Existing Use: Vacant site in K -Mart center 8. Environmental Status: Proposed Mitigated Negative Declaration 2005-0047 DISCUSSION: Project Definition The proposed project consists of a request to establish a drive-through restaurant located at a vacant commercial site within the K -Mart Shopping Center at 4180 EI Camino Real. The Master Plan of Development includes a main dining building with outdoor patio areas for restaurant patrons and a drive-through facility along the EI Camino Real and San Anselmo frontages. Background Surrounding Land Use and Setting: North: Commercial Retail South: Commercial Professional East: Commercial Retail West: Highway 101 The project site is within the General Commercial General Plan Land Use Designation and is zoned Commercial Retail, which allows for the establishment of a drive-through restaurant with the approval of a Conditional Use Permit. The site is located on a vacant commercial pad in the existing K -Mart Shopping Center. Appearance Review Site Design The site plan has been designed to meet the requirements of the Atascadero Municipal Code and the appearance review requirements of the General Plan. The restaurant building is oriented to EI Camino Real and San Anselmo Avenue with the drive-through located along the street frontages. The proposed parking lot is located adjacent to and connects with the existing parking areas. The proposed restaurant will utilize existing access driveways along San Anselmo Avenue and EI Camino Real. The site plan includes 34 parking spaces consistent with Zoning Ordinance requirements. The project is conditioned to include full frontage improvements along San Anselmo Avenue as approved by the City Engineer. Architecture. Materials. Color The applicant proposes buildings with special architectural features, consistent with Mediterranean style architecture that includes canvas awnings, gridded windows, stone veneer base, Spanish tile roof, and exposed rafter tails. Two tower elements are provided at each of the two entrances. Staff has included minor conditions of approval related to colors and architecture (Condition 7). Flavafinnc MAIN ENTRANCE ELEVATION SCALE: 114' 1- MAIN ENTRANCE ELEVATION SCALE: W -1W t U,0 The applicant has included a color and material board which further defines the selected architectural style. Refer to Exhibit G for details. Landscape Design The preliminary landscape plan has been designed for compatibility with the surrounding commercial development. The proposal includes landscape screening in the form of decorative walls and shrubs between the proposed drive-through lane and the adjacent sidewalks. Shade trees are provided throughout the parking lot and street trees will be provided 30 -feet on -center along San Anselmo Avenue (Condition 9). The proposed landscape plan and palette, as conditioned, meets appearance review requirements. Signage The applicant is proposing four main building signs, one on each elevation. One monument sign is proposed at the San Anselmo Avenue entrance. A condition of approval has been included that all monument sign materials incorporate materials and colors consistent with the building architecture (Condition 11). General Plan Consistency The proposed project is consistent with the following General Plan Land Use Element Policies: Land Use Program 1.1.7: "Within the Urban Core encourage infill development or revitalization or reuse of land already committed to urban development where utilities and public services exist. Land Use Policy 2.1: "Ensure that new development is compatible with existing and surrounding neighborhoods". Implementing General Plan programs requires appearance review of architectural design, materials and color, and landscaping to improve the appearance along EI Camino Real, and incorporate architectural themes into the site and building design. As analyzed above, the proposed project, as conditioned is consistent with the General Plan. In staff's opinion the proposed drive-through restaurant is consistent with the goals and policies of the Land Use Element. As conditioned, the project incorporates elements that are consistent with the scale and character of the surrounding commercial uses and consistent with the General Plan's appearance review requirements, providing attractive architecture and landscape design. Findings Conditional Use Permit A Conditional Use Permit is required for all drive-through restaurants. The Conditional Use Permit process provides the opportunity for the public and the Planning Commission to review the specifics of land use proposals, such as appropriateness of use, architectural design, site design, landscape, signage, and specific standards of the Zoning Ordinance. The Planning Commission must make the following five findings to approve a Conditional Use Permit: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The use is consistent with the General Commercial designation of the General Plan and General Plan Land Use Element Policy 1.1.7 and 2.1. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the Planned Development Ordinance. Staff Comment: As conditioned, the project satisfies all conditional use permit and Planned Development zoning code provisions for a commercial development. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment: The proposed commercial development will not be detrimental to the general public or working persons health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The project has been designed to enhance the appearance along EI Camino Real with high quality architecture and project landscaping. The project site has been designed with the buildings oriented to the street frontage with parking to the rear, providing a pedestrian oriented development. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: The proposed project and use, as conditioned, is consistent with the traffic projections and road improvements anticipated within the General Plan. Based on staff's analysis in the preceding sections, it appears that all of the required findings for approval of a Conditional Use Permit can be made. Proposed Environmental Determination A Draft Mitigated Negative Declaration was circulated to public agencies and interested members of the public on August 31, 2005. The environmental analysis identified concerns regarding potential impacts to aesthetics, noise, and traffic. Mitigation measures pertaining to these resources are included. It is the opinion of staff that the combination of design features incorporated into the proposed project, mitigation measures, and conditions of approval will reduce any potential environmental impacts to a level of insignificance. A finding is proposed that this project would not have a significant effect on the environment based upon the implementation of the identified mitigation measures. Staff is recommending that the Commission certify Proposed Mitigated Negative Declaration 2005-0047. Conclusion The proposed project represents an infill commercial project within the Commercial Tourist Zone. The Master Plan of Development will cover all site development, landscaping and architectural design standards for the project. The proposed project is consistent with the General Plan and Atascadero Municipal Code, as analyzed within this staff report. It is staff's opinion that the proposed project, as conditioned, allows the Planning Commission to make all of the required findings for project approval. ALTERNATIVES 1. The Commission may recommend modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The parcel would retain its designation of Commercial Retail. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Draft Resolution PC 2005-0075 Attachment 1: Location Map, General Plan and Zoning Zoning: CR (Commercial Retail) General Plan Designation: GC (General Commercial) ATTACHMENT 2: Draft Resolution PC 2005-0075 DRAFT RESOLUTION PC 2005-0075 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO CERTIFYING PROPOSED MITIGATED NEGATIVE DECLARATION 2005-0047 AND APPROVING CONDITIONAL USE PERMIT 2005-0148 APN 049-221-063 (4180 El Camino Real / Carl's Jr.) WHEREAS, an application has been received from CKE Restaurants, Inc. (401 W. Carl Karcher Way, Anaheim, CA 92801) Applicant to consider a project consisting of a Conditional Use Permit (CUP 2005-0148) for a drive-through restaurant at 4180 El Camino Real (APN 029- 221-063; and, and, WHEREAS, the site's current General Plan Designation is General Commercial (GC); WHEREAS, the site's current zoning district is Commercial Retail (CR); and, WHEREAS, Drive-through restaurants are a Conditional Use in the Commercial Retail zone; and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2005-0047 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on September 20, 2005, studied and considered the Conditional Use Permit 2005-0148, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Certification of the Proposed Mitigated Negative Declaration. The Planning Commission finds as follows: 1. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project's mitigation monitoring program as conditions of approval; and, 2. The project will not achieve short-term to the disadvantage of long term environmental goals; and, 3. The project does not have impacts which are individually limited, but cumulatively considerable; and, 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. SECTION 2. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on September 20, 2005, resolved to approve the Conditional Use Permit 2005- 0148 subject to the following: On motion roll call vote: EXHIBIT A: Proposed Mitigated Negative Declaration EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan EXHIBIT D: Landscape Plan EXHIBIT E: Floor Plans EXHIBIT F: Elevations EXHIBIT G: Color and Materials Board by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following AYES: NOES: ABSTAIN: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A Proposed Mitigated Negative Declaration 2005-0047 See Following EXHIBIT B: Conditions of Approval / Mitigation Monitoring Program Conditional Use Permit 2005-0148 Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin BL: Business License 9 4180 El Camino Real GP: Grading Permit Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services 2005-0148 TO: TempoCUP Occupanccymry ServBS:iceisding F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attomey Planning Services 1. This conditional use permit shall be for a drive-through restaurant and FM PS associate site improvements as described on the attached exhibits and located on parcel 049-221-063 regardless of owner. 2. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority to BP/FM PS, CE approve the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council. 4. Approval of this Conditional Use Permit shall be valid for twelve (12) months BP/FM PS after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 5. The applicant shall defend, indemnify, and hold harmless the City of Ongoing Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 6. All subsequent Tentative Map and construction permits shall be consistent BP/FM PS, CE with the Master Plan of Development contained herein. 7. All exterior elevations, finish materials, and colors shall be consistent with BP PS the Master Plan of Development as shown in EXHIBIT C, D and F with the following modifications: ■ All exterior material finishes shall be durable, high quality, and consistent with the architectural appearance. ■ All trash storage, recycle storage, and air conditioning units shall be screened from view behind architecturally compatible or landscaped enclosures; ■ Any exterior light fixtures shall be compatible with building design, subject Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin BL: Business License 9 4180 El Camino Real GP: Grading Permit Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services CUP 2005-0148 TO: TempoBS: Occupanccyrary Serviicesding F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney to staff approval. ■ Stucco siding shall be smooth finish or similar. ■ The grid element shown on the Main Entrance elevation shall be fake windows or similar, subject to staff approval.. ■ Final color selection shall include compatible earth toned colors, subject to staff approval. 8. All site work, grading, and site improvements shall be consistent with the BP/FM PS, BS, Master Plan of Development as shown in EXHIBIT C and D, and shall CE include the following: • Outdoor eating/patio area shall include a minimum of 2 high quality tables with chairs and shall be installed prior to final. ■ The drive-through lane shall be screened with landscaping and/or a decorative wall of materials to match the proposed architecture. 9. A final landscape and irrigation plan shall be approved prior to the issuance BP PS, BS of building permits and included as part of site improvement plan consistent with EXHIBIT D, and as follows: ■ All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. • All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site. ■ Street trees shall be provided along the EI Camino Real frontage and San Anselmo frontage at a maximum spacing of 30 feet on center. All street trees shall be 15-gallon London Plane trees. Remaining existing trees may meet this requirement. ■ Street and landscape trees shall be minimum 15-gallon size and double staked. ■ All landscaping shall be drought tolerant. ■ All retaining walls shall be constructed of a dark color split face block, subject to staff approval. 10. The developer and/or subsequent owner shall assume responsibility for the GP PS continued maintenance of all landscape and common areas, consistent with BP EXHIBIT D. 11. The monument sign shall include materials and colors compatible with the approved building design, as conditioned and subject to staff approval. Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program iiity Measure /Monitorin BL: Business License 9 4180 El Camino Real GP: Grading Permit Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services CUP 2005-0148 TO: TempoBS: Occupanccyrary Serviicesding F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Public Works Conditions Public Improvements: 12. This project is required to widen San Anselmo Road to full build out per the Circulation Element of the General Plan. This is to include two travel lanes and bike lane west and east with 6-foot wide planter median. These include curb, gutter, sidewalk, pave out and striping. A conceptual layout of San Anselmo from EI Camino Real to US 101 shall be submitted. This will be used to determine the required alignments and widths 13. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. Drainage: 14. Drainage calculations are required per section 5 of Atascadero Engineering Standards. Calculations must show the downstream drainage system can convey the increase in flow from this project. If the downstream system can not convey the increased flow then a retention basin and meter system must be designed and constructed with this project per City Engineering Standards. 15. Obtain approval by the City Engineer of the grading & drainage plan and the storm drain design & facilities. 16. Submit calculations to support the design of any structures or pipes. 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. 17. Show the method of dispersal at all pipe outlets. Include specifications for size & type. 18. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. 19. Concentrated drainage from off-site areas shall be conveyed across the project site in drainage easements Wastewater: 20. This project shall connect to City sewer. The design and construction of the connection shall follow all City standards. All fees shall be paid at the time of permit issuance. 21. A grease trap system shall be designed and constructed to eliminate any grease from entering the City Wastewater system Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program iiity Measure /Monitorin BL: Business License 9 4180 El Camino Real GP: Grading Permit Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services CUP 2005-0148 TO: TempoBS: Occupanccyrary Serviicesding F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Standard Conditions: 22. The applicant shall be responsible for the protection, relocation and/or alteration of existing utilities. 23. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. 24. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 25. Prior to issuance of building permits, the applicant shall submit a grading and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. 26. Prior to the final inspection, all outstanding plan check and inspection fees shall be paid. 27. Prior to the final inspection, 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 and the Uniform Building Code (UBC). Atascadero Mutual Water Company 28. Before the issuance of building permits, the applicant shall submit plans GP, BP CE 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. 29. Before the start of construction on the water system improvements, the GP, BP CE applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. 30. Before issuance of building permits, the applicant shall obtain a "Will GP, BP CE Serve" letter from AMWC for the newly created lots within the subdivision. 31. The applicant shall provide AMWC with easements for those water GP, BP CE facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin BL: Business License 9 4180 El Camino Real GP: Grading Permit Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services CUP 2005-0148 TO: TempoBS: Occupanccyrary Serviicesding F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 32. The applicant is responsible for designing and constructing water system GP, BP CE improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. 33. The applicant shall obtain a separate landscape -irrigation meter if the common area landscaping for the project exceeds 5,000 square feet. 34. 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. 35. Before construction of the water system improvements, AMWC shall review and approve the irrigation plans for the common areas within the project. Mitigation Measures Mitigation Measure 1.d.1: The project shall include a low hedge or decorative BP BS, PS, 1.c.1 wall along the San Anselmo and EI Camino Real frontage to minimize impacts CE for the car queuing areas. Mitigation Measure 1.d.2: Exterior parking lot lighting shall be designed to BP BS, PS, 1.c.2 eliminate any off site glare. All exterior site lights shall utilize full cut-off, CE "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 14 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the site. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP, GP BS, PS, 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM -10) CE 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 Conditions of Approval / Mitigation Monitoring Program 4180 El Camino Real Conditional Use Permit CUP 2005-0148 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: TempoBS: Occupanccyrary F0: Final Occupancy Responsib ility /Monitorin 9 PS: Planning Services Serviicesding FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 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. I. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 6.b.1: The grading permit application plans shall include BP PS 4.e.1 erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin BL: Business License 9 4180 El Camino Real GP: Grading Permit BP: Building Permit PS: Planning Conditional Use Permit FI: Final Inspection Services CUP 2005-0148 TO: TempoBS: Occupanccyrary Serviicesding F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney City Engineer at the time of Building Permit application. Mitigation Measure 6.c.1: A soils report shall be required to be submitted with a BP PS 4.e.2 future building permit by the building department. Mitigation Measure 6.b.1: The grading permit application plans shall include GP PS, BS, 6.b.1 erosion control measures to prevent soil, dirt, and debris from entering the CE 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 8.e.f.1: The developer is responsible for ensuring that all BP, GP PS, BS, 6.c.1 contractors are aware of all storm water quality measures and that such CE measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.d.1: All construction activities shall comply with the City BP, GP PS, BS, 11.d.1 of Atascadero Noise Ordinance for hours of operation. CE Mitigation Measure 15.a.b.1: The proposed project shall be responsible for the BP CE/PS 15.a.b.1 installation of all required frontage improvements along San Anselmo Avenue. The access point at San Anselmo Avenue shall be restricted to a right-in, right- out only. Improvements will be constructed for buildout conditions resulting in two travel lanes, a bike lane, and center median. Mitigation Measure 15.a.b.2: The project shall utilize existing access points for BP CE/PS 15.a.b.2 the existing shopping center. No new access points shall be permitted. EXHIBIT c mak_ Sana Development/Site man : _oma _ - ONMV3 1J GN ORI"W m k/d �m_,WO#»» ' °M m z,a, '»_mm ��}1 �\,� &� ' {i . . ! | | ■�¥ q � � 5 , § � \!| § � & /§ q. _ q V)| § | \ r;� |# �| £ . | t;f |�;( , ! . H § | ®-�--- | - %- MT-ISW NIS O�-Ma guammmmi . 4 ° � ■, � g � EXHIBIT D: Landscape Plan YINNO Ii7Y3 'ON70Y3SY1V L06LBMJWI3F1VN1l 7Y7e 041-3 77 v 08 0"13SIn NNS sa, r o 71rlia onlis 4Ys A %-: as°j AVMNigUVfl'RlVJ1S3M IOY ,: p� s s": V a 'ONI SINVlYIYIS3U MtO d j� S,T,I �� S 4 Q -N a a i I` 1 r— - _-_-- ------ ----- 'ab OW735NV NVS • r I r r- ppa _ ® U ?� 0 r I r / r r O: r / U• / I 1 I I EXHIBIT E: Floor Plans riuewrno 'omorosriv i Ma YJ'MI3 M ir3a om m 13 a ON mmsur urs a $ s =# UJIN 1 1NUb ORLSMr urs 1 3 3s £ 3 AYM b3H3M TM 1SW OV_, = 1 Zil If omsipmnnS3a3 M �� $.izBa lig a C }g} 6� Y r-------- OO O OO 00 O Cl 00 00 00 ❑E)D ❑ ❑O AL OO 00 OO ❑ g 0 0 L_ O E� I _ I � L I p_ I C I i i i J EXHIBIT F: Elevations s ; YlNeoenvo •W3oYOSYri �. fbBZBIrJ'WI3HtlNtl IYM ONIM i3 i ax ornmry NYS SJ1NJo lIY1JM OW1 3 JSNY NYS AVM a3HJ2JYN 1M 183M WO a i s ° '3NI S1NY WISM MO s IN 00000000000000 e e e I z_ 4z F � ® LU w — 0 I O O ZL_ a1 LLIM EEILLI F 1 r '1 EXHIBIT F: Elevations = r13 V OV V4131 I7srar � 88 H 4x1BZ67JW13HVNV 117L ONINp l3 V OV OW73SNtl Nr$ E _ - tl7lN]0 71Y17tl OWl]SNY NK tl AVM 1i3HO?1VH lNVJ 1S3M t04 'oN S1NVHnV1SM3WJ a== Iis € i! t iR IIt se 11 w s ¢3� '1Y.1 1 11 3��� � 0000®00000000 ig le 0 © 0 N� p Irj a _I ed W W W 0 W Z� °( L mL c EXHIBIT G: Color and Materials Board ITEM NUMBER: 7 DATE: 09-20-05 Atascadero Planning Commission Staff Report - Community Development Department De Anza Estates Detention Basin Amendment to Master Site Plan Conditional Use Permit 2005-0162 Amendment (North Ferrocarril/ Gearhart) SUBJECT: A request to amend the De Anza Estates Master Plan of Development to allow the storm water detention basin adjacent to the confluence of Graves Creek and the Salinas River on the city owned Open Space parcel. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2005-0076 to approve Conditional Use Permit amendment 2005-0162 based on findings and subject to conditions of approval. SITUATION AND FACTS: 1. Applicant/ Owner: Kelly Gearhart 6205 Alcantara Avenue, Atascadero, CA 93422 2. Location: Adjacent to Graves Creek and Salinas River confluence Atascadero (San Luis Obispo County), California APN# 049-043-002 3. General Plan Designation: Open Space 4. Zoning District: Open Space 5. Existing Use: Detention basin 6. Environmental Status: Consistent with approved Mitigated Negative Declaration 2003-0054 posted October 2, 2003. ITEM NUMBER: 7 DATE: 09-20-05 DISCUSSION: Background The Master Plan of Development for the De Anza residential development was originally approved in 2003 without a detailed plan for a storm water detention basin. Through the building permit process, an on-site temporary storm water detention basin was constructed. At present, the applicant proposes to retain this basin to fulfill storm water detention and water quality requirements for the De Anza development project. As reviewed by the City Engineer, the basin will provide water quality enhancement, runoff sedimentation filtering, and storm water detention (Attachment 2). Analysis Water Quality The detention basin will collect storm water and sediment runoff from the surrounding residential development. The basin is designed to limit the sedimentation input into the Salinas River and reduce storm water pollutants from the hardscape areas (Attachment 2). Maintenance According to the description and function of the basin, periodic maintenance will be required to remove sediment and vegetation. Maintenance of the sedimentation basin shall be the responsibility of the City through the project Assessment District. Safety and Aesthetics According to the description (Attachment 2), jute mat and seeding is utilized on the 4:1 slope portion of the basin and vegetation is not recommended within the basin. Staff is recommending that the basin be allowed to naturally revegetate as recommended by the biologist (Attachment 2). ITEM NUMBER: 7 DATE: 09-20-05 Staff recommends that the existing pipe rail fence be approved with attached no -climb (2"x4" heavy gauge wire) fencing as a protective barrier surrounding the basin (condition #8). Environmental Determination The project has been determined to be consistent with Mitigated Negative Declaration 2003-0054 according to the provisions of the California Environmental Quality Act (CEQA). CONCLUSION: The proposed project is consistent with the General Plan and Atascadero Municipal Code. 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: Detention Basin Description Attachment 3: Certified Amended Mitigated Negative Declaration #2003-0054 Attachment 4: Draft Resolution PC 2005-0076 ITEM NUMBER DATE: 09-20-05 Attachment 1: Vicinity and Zoning ITEM NUMBER: DATE: 09-20-05 Attachment 2: Detention Basin Description (CUP 2005-0162) SIERRA DELTA CORPORATION 935 Riverside Drive, Suite 21 Paso Robles. California 93436 805.239.9293 • Fax: 805.239.9309 Email: sierradelta'a-sbcglobal.net September 12, 2005 Mr. Warren Frace City of Atascadcro P.O. Box 1107 Atascadero, California 93422 Subject: Draft description of the Detention Basin for Gearhart Development Graves Creek Estates Atascadcro, California 93422 Dear Mr. Fracc: Sierra Delta Corporation ("SDC") has been conducting ongoing biological monitoring for the project known as Graves Crock Estates. As per your request, this letter is being generated to describe the detention basin (the basin) that was constructed in conjunction with the project. The specific details addressed in this letter will include: the benefits and function of the basin, proposed finish work, safety issues directly related to the basin, and the permit process involved with the function and maintenance of the basin. The basin is located adjacent to the south bank of Graves Crock near the bridge crossing of Fcrrocarril Avenue. A small portion of the basin is located west of Ferrocarril Avenue connected by an 18 inch culvert to the larger portion located to the east of Ferrocarril Avenue. The basin is an earthen bottom depression with the sides graded to an approximate 4:1. The perimeter of the basin is fenced with welded pipe rail and four strands of cable, typical of the surrounding project. The basin is designed to detain storm water run-off from a portion of the development area located south of Graves Creek. This drainage area is bounded to the south by El Camino Real, to the north by Graves Creek, to the west by the S.P.R.R. Right-of-way, and to the east by the Salinas River. Storm water draining from this area is contained within the basin, allowing silt, sediment, and other material associated with the run-off to precipitate or "settle out" of the water temporarily impounded there. This is important to limiting the amount of sediment input into the Salinas River and also significantly reduces the amount of storm water pollutants from hardscapc areas, especially streets and roads. As the basin fills, the storm water contained within the basin will flow to the Salinas River upstream of the Graves Creek / Salinas River confluence (Refer to Attachment A: Site Plan illustrating the detention basin location). To minimize the potential for erosion of the detention basin banks, jute mat has been installed and erosion control seed mix broadcast over all exposed slopes. SDC recommends allowing the basin bottom to naturalize and no additional vegetation be installed beyond erosion control necessary on the side slopes and at the inlet culvert pipes. Further efforts to landscape or plant the basin may only accelerate vegetative growth that would diminish the functionality of the basin (capacity and hydrology) in the future and could eventually render the basin non-functional. ITEM NUMBER: DATE: 09-20-05 Attachment 2: continued (CUP 2005-0162) SIERRA DELTA CORPORATION No outflow structure is proposed for the basin.Thc storm water impounded in the basin will utilized for groundwater recharge using an internal drain system. The internal drain will consist of a trench approximately 9-20 feet deep, 5 feet wide, and 100 feet long. The bottom of the trench will be lined with sand approximately 6 feet in depth or fabric equivalent. The remainder will be filled with coarse gravel (1.5 inch to 2.5 inch) to allow the stored water to percolate into the groundwater basin of the Salinas River bed. The sides of the trench will be lined with filter fabric (Refer to Attachment B Internal Drain Diagram). Maintenance of the basin will be necessary to ensure its continued function. No short term maintenance is needed or proposed. Long term maintenance of the basin will be necessary to ensure the continued functionality. Vegetation will periodically need to be removed to maintain the basin's capacity and the ability of water to percolate into the trench. Sediment that has build up in the basin over time will also need to be removed to maintain the capacity and functionality. The frequency of maintenance will be dependent on the rate and type of vegetation colonizing the basin, and the amount of sediment that is captured the basin over time. No permits would be required for the proposed project. No point source discharge from the detention basin is proposed. Safety is an important issue to address regarding the detention basin. Although the basin would normally be dry, during storm events, the water may reach depths of 3 foot or more. The trench within the basin will be filled with gravel to the elevation of the bottom of the basin. The basin is currently fenced as mentioned previously, but additional measures may be deemed necessary to keep children from entering the basin. If necessary, a four foot cyclone fence could be run inside of the pipe rail fence and attached directly to it. Should you have any questions or additional information requests, please contact the undersigned at 805.239.9293. Respectfully, SIERRA DEL 7A CORPORATION ITEM NUMBER: DATE: 09-20-05 Attachment 2: Continued (CUP 2005-0162) Attachment 2: Continued (CUP 2005-0162) Exhibit 1 - Typical Infiltration Trench ITEM NUMBER: DATE: 09-20-05 Wellcap Observation Well :f,�SE�'"••' l!er- '- :o.' •.: ti�'�'�•�r4'..'l':�•��+F�'t Emergency Overflow Do 1' • ..b'e1''d ,a:4'•'•• i%1'`��"�Z4}s^`i•' :� ` : 4'RunoflfillersThrough`=;i'::'4 '+.,+�' i.:•-�' �� r' 720 Foot Wide Grass Duffer Strip f' o.r c,, • Protective Layer of Filter Fabric "VV"[•li7i:O• Filter Fabric Lines Sides i �•Tt'ench . �. 4.Oy5-6 Feet -•w:aDeep Fined ;^ O a with 1.5-2.5 : Inch Diameter r• Clean Slone •5�ji.a�Q.e�. • Sand Filter 16-12 Feet Deep) or Fabric Equivalent �Runci ExGftrates Through Undisturbed Subsoils with a Minimum Ic of 0.S Inches/Hour Source: Controlling Urban Runoff: A Practical Manual for Planning and Designing Urban BMPs. Metropolitan Washington Council of Governments (Scheuler). 1987. ITEM NUMBER: DATE: 09-20-05 Attachment 3: Certified Amended Mitigated Negative Declaration #2003-0054 (see following) ITEM NUMBER: DATE: 09-20-05 Attachment 4: Draft Resolution PC 2005-0077 DRAFT RESOLUTION PC 2005-0077 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING CONDITIONAL USE PERMIT 2005-0162 TO AMEND THE DEANZA MASTER PLAN OF DEVELOPMENT TO ADD A DETENTION BASIN LOCATED ADJACENT TO THE CONFLUENCE OF GRAVES CREEK AND THE SALINAS RIVER. (Gearhart) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA 93422), applicant and property owner, to consider a request to amend the DeAnza Master Plan of Development to add a detention basin located adjacent to the confluence of Graves Creek and the Salinas River; and, WHEREAS, the site's General Plan Land Use Designation is Open Space (OS); and, WHEREAS, the site's zoning district is Open Space (OS) and Planned Development Overlay -9 (PD -9); 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 September 20, 2005, studied and considered the proposed Conditional Use Permit; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as follows: ITEM NUMBER: DATE: 09-20-05 1. The proposed project has been analyzed adequately in Certified Mitigated Negative Declaration 2003-0054 for the Zone Change and Conditional Use Permit for the project site development. SECTION 2. Findings for Approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance), including Planned Development Overlay Zone #9; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on September 20, 2005, resolved to approve Conditional Use Permit 2005-0162 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Detention Basin Plan EXHIBIT C: Infiltration Trench ITEM NUMBER: DATE: 09-20-05 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: 09-20-05 EXHIBIT A: Conditions of Approval (CUP 2005-0162) Conditions of Approval / Timing Responsibility Notes Mitigation Monitoring Program /Monitoring PS: Planning Services BL: Business BS: Building Services License FD: Fire Department CUP 2005-0162 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 detention basin, BP PS regardless of owner. 2. The approval of this use permit shall become final and effective BP PS 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 Ongoing PS to approve minor changes to the project that address a 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. 7. The project shall be consistent with Exhibit B and Exhibit C. Ongoing PS 8. Permanent safety fencing around the detention basin shall consist BP PS/BS of the 4 -foot pipe rail fence with 2"x4" heavy gage no -climb fencing, to be approved by the Community Development Department. 9. Jute matting and an erosion control seed mix shall cover all BP PS exposed slopes of the detention basin. ITEM NUMBER: DATE: 09-20-05 Exhibit B: Detention Basin Plan (CUP 2005-0162) Exhibit C: Infiltration Trench (CUP 2005-0162) Exhibit 1 — Typical Infiltration Trench ITEM NUMBER: DATE: 09-20-05 Source: Controlling Urban Runoff: A Practical Manual for Planning and Designing Urban BMPs. Metropolitan Washington Council of Governments (Scheuler). 1987. Wellcop Observation Well sus' ;•� ! ..'.0}i+r' ry., s {s• Emergency Overflow Berm :=• tt: �'el''0 �:Q'•.. u_` r3' ��f2•_tz:.;J "t '' t 3. .. i:'r�?�u:: jri°Jp.! •�•' •: '..41'....f'�s:••S t ••Y•9w .p;.•.. ,;.4:;;i�••- .•p '.'��, : •: of Fillers Thiough • Strpc•'td:St; " . 3• o h ? .tom ZO Foot Wide Grass Buffer �• �• Protective Layer of Filter Fabric .� is •h1�.�A•� � • � :•. . t : b.Cib [•>��co' Ttench Filter Fabric Lines Sides •i> eee•�: J-6 Feet ;e �. 1.5.2.5.' a with Inch Diameter e LClean Slone �•. �.y •4:. b a. .Q.. e • o ••2f� .o !0•ZY'.' •• - - Sand Filter (6-12 Feet Deep) or Fabric Equivalent Run EiOttrates Through Undisturbed Subsoils with a Minimum Ic of O.S IncheslHour Source: Controlling Urban Runoff: A Practical Manual for Planning and Designing Urban BMPs. Metropolitan Washington Council of Governments (Scheuler). 1987.