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Home My WebLink AboutPC_2005-10-18_AgendaPacketCALL TO ORDER CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting October 18, 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. 2. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON SEPTEMBER 20, 2005. City of Atascadero Planning Commission Agenda Regular Meeting October 18, 2005 Page 2 of 5 3. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON OCTOBER 4, 2005. COMMUNITY DEVELOPMENT STAFF REPORTS 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).) 4. TENTATIVE PARCEL MAP 2005-0070,5750 ROSARIO AVE. Owner: David Graves, 4155 Carrizo Road, Atascadero, CA 93422 Project Title: Tentative Parcel Map 2005-0070 Project 5750 Rosario Avenue, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 029-321-015 Project A request to establish three airspace condominium units on an existing lot of record. The existing Description: structures on 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. CONDITIONAL USE PERMIT 2000-0022 RECONSIDERATION TO BE CONTINUED Owner: Jimmie D. Shores, P O Box 216, Atascadero, CA 93423 Project Title: San Anselmo Carwash - Reconsideration of Conditional Use Permit 2000-0022. Project 6125 San Anselmo Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 049-225-024 Project The proposed project is a reconsideration of an approved Conditional Use Permit to allow for an additional Description: ingress/egress on San Anselmo near the northwest comer of the site. The ingress/egress request includes installation of a berm median that limits movement to right turns only. General Plan Designation: GC (General Commercial) Zoning District: (CT) Commercial Tourist Proposed CEQA Categorical Exemption Section 15301 — Existing Facilities. Environmental Determination: City of Atascadero Planning Commission Agenda Regular Meeting October 18, 2005 Page 3 of 5 6. TENTATIVE PARCEL MAP 2005-0072,5155 ESCARPA AVE. TO BE CONTINUED Applicant: Barak Miles, 5255 Traffic Way, Ste. 104, Atascadero, CA 93422 Owners: Jeff Hansen, P O Box 1710, Atascadero, CA 93423 Barak Miles, 5255 Traffic Way, Ste. 104, Atascadero CA 93422 Project Title: Tentative Parcel Map 2005-0072 Project 5155 Escarpa Ave., Atascadero, CA 93422 Location: (San Luis Obispo County) ATN 029-161-008 Project A proposed subdivision of an existing 3.37 gross acre lot into three individual parcels of 1.01, 1.15, and 1.21 Description: gross acres. The site is currently contains a single-family residence that will remain on proposed parcel 1. The parcels consist of moderate to steep slopes and contain native trees and vegetation. Onsite septic will serve the property and water is available from Atascadero Mutual Water Company. General Plan Designation: Single Family Residential (SFR -Y) Zoning District: Residential Single Family (RSF-Y) 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, Community Determination: Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. 7. ZONE CHANGE 2003-0044, CONDITIONAL USE PERMIT 2003-0093, TENTATIVE PARCEL MAP 2003-0039 Applicant: Michael Jackson, 5502 Ensenada Ave., Atascadero, CA 93422 Project Title: Zone Change 2003-0044, Conditional Use Permit 2003-0093, Vesting Tentative Parcel Map 2003- 0039 with a planned development overlay. Project 5502 Ensenada Ave, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 028-361-014 Project The proposed project consists of an application for a Zone Change, Conditional Use Permit, and Description: Tentative Parcel Map to establish three new single-family homes with one existing single-family home located on individual lots that will be developed under the requirements of the PD -7 Overlay District within the Residential Multi -Family (RMF -10) Zoning District. The project includes one home per lot each with a two -car garage and a single guest parking space. Five native trees are proposed for removal. The project proposes construction 20 -feet from a blue -line creek. The proposed residences will be served by City sewer. General Plan Designation: Medium Density Residential — MDR Zoning District: Residential Multiple Family — RMF -10 Proposed Based on the initial study prepared for the project, a Negative Declaration is proposed. The proposed Environmental Negative Declaration is available for public review at 6905 El Camino Real, Suite 6, Community Determination: Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. City of Atascadero Planning Commission Agenda Regular Meeting October 18, 2005 Page 4 of 5 8. CONDITIONAL USE PERMIT 2005-0161,8900 EL CAMINO REAL Applicant: Jay DeCou, DeCou Lumber Co., P.O. Box 698, Atascadero, CA 93423 Project Title: Conditional Use Permit 2005-0161 Project 8900 El Camino Real Atascadero, CA 93422 Location: (San Luis Obispo County) APN 056-051-033 Project The proposed project consists of an application for a Conditional Use Permit for the construction of Description: two 4000 square foot storage buildings. The buildings are proposed to be constructed in two phases. The site is located on 0.93 acres within the Commercial Service Zone. General Plan Designation: Service Commercial (SC) Zoning District: Commercial Service (CS) 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. COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on November 1, 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 October 18, 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: 10-18-05 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 12 PUBLIC COMMENT Susan Litteral expressed concern with drainage issues for a previously approved tract map on San Rafael Road. City Engineer Steve Khan 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 12 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 12 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 12 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 where 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 056-36 1 -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 PC Draft Minutes 09/06/05 Page 5 of 12 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. PC Draft Minutes 09/06/05 Page 6 of 12 property with relocation of the existing leach field. Water is available from Atascadero Mutual Water Company. 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. PC Draft Minutes 09/06/05 Page 6 of 12 4. GENERAL PLAN AMENDMENT 2003-0005, WEST FRONT Applicant Richard Shannon, West Front Properties, 5070 San Benito Rd., Atascadero, CA 93422 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. PC Draft Minutes 09/06/05 Page 7 of 12 Denise Morey expressed concern regarding notification for this project and traffic impacts to the neighborhood. 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. PC Draft Minutes 09/06/05 Page 8 of 12 5. Overall is in favor of the project with a few improvements. 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 commercial to residential 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. PC Draft Minutes 09/06/05 Page 9 of 12 3. Supports City Council and staff reviewing the allowable uses to ensure they will meet the sales tax generation goal. 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) PC Draft Minutes 09/06/05 Page 10 of 12 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. 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. PC Draft Minutes 09/06/05 Page 11 of 12 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 \\Cityhall\cdvlpmnt\— PC Minutes\PC Minutes 05\PC Draft Minutes 9-6-05.gp.doc PC Draft Minutes 09/06/05 Page 12 of 12 CALL TO ORDER ITEM NUMBER: 2 DATE: 10-18-05 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting September 20, 2005 — 7:00 P.M. Chairperson Porter called the meeting to order at 7:10 p.m. and Commissioner Jones led the Pledge of Allegiance ROLL CALL Present: Commissioners Fonzi, Jones, Kelley, Patel, Beraud and Chairperson Porter Absent: Commissioner O'Keefe Staff Present: Community Development Director Warren Frace, Public Works Director / City Engineer Steve Kahn, Deputy Community Development Director Steve McHarris, Associate Planner Kelly Gleason, Assistant Planner Lisa Wilkinson and Recording Secretary Annette Manier. PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA MOTION: By Commissioner Fonzi and seconded by Vice Chairperson Beraud to approve the agenda. Motion passed 6:0 by a roll -call vote. PUBLIC COMMENT Eric Greening spoke about the high cost of energy and suggested possible actions the city could take to address the issue. PC Draft Minutes 09/20/05 Page 1 of 8 Chairperson Porter closed the Public Comment period. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON SEPTEMBER 6, 2005. Vice Chairperson Beraud referred to the motion for Item #5 on page 5 of the Minutes. She asked that the secretary review the tapes for clarification of the final sentence of the motion to determine if lot numbers were included for location of the sidewalk. MOTION: By Vice Chairperson Beraud and seconded by Commissioner Jones to continue this item. Motion passed 6:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 2. TREE REMOVAL PERMIT 2005-0078 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. Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT — None MOTION: By Commissioner Fonzi and seconded by Vice Chairperson Beraud to adopt Resolution PC 2005-0073 to approve the request to remove one (1) native oak tree subject to conditions of approval. Motion passed 6:0 by a roll -call vote. PC Draft Minutes 09/20/05 Page 2 of 8 PUBLIC HEARINGS 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: Assistant Planner Lisa Wilkinson gave the staff report and answered questions of the Commission. PUBLIC COMMENT Matt Beautz, applicant's representative, answered questions of the Commission. Beverly Aho, Rosario resident, spoke about the style of the proposed homes and would like to see them look more like the Colony homes in the neighborhood. She also spoke about drainage issues for this site. Matt Beautz explained several options the applicant could use to address Mrs. Aho's drainage concerns. Chairperson Porter closed the Public Comment period. Vice Chairperson Beraud referred to a letter received from Greg Ravatt, AIA, Rosario Resident, (Exhibit A), and stated her agreement with his comments about the design of the houses. She would like the decorative aspects of the project upgraded to blend with the surrounding neighborhood. There was Commission discussion regarding placement of the front unit on the site, parking, and style of the proposed homes. PC Draft Minutes 09/20/05 Page 3 of 8 MOTION: By Commissioner Fonzi and seconded by Vice Chairperson Beraud to continue this item to the next convenient agenda once the staff has it ready. Motion passed 6:0 by a roll -call vote. 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 7925 Santa Ysabel Ave., Atascadero, CA 93422 Location: APN 030-101-022 Project A request to establish four airspace condominium units on an existing lot of record. The residential units Description: are currently under construction. No native trees will be removed. General Plan Designation: Multi Family Residential - 16 (RMF -16) Zoning District: High Density Residential (HDR) Proposed The project qualifies for a Categorical Exemption per CEQA Section 15315: Minor Land Divisions. Environmental Determination: Commissioner Fonzi stepped down from consideration of this item stating she has a potential conflict of interest because she lives in close proximity to this project. Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Andy Fetyko, applicant, answered questions of the Commission. Eric Greening asked about access to and from Curbaril into the project, the prevailing speed on this section of Curbaril, and the site distance. Yolanda Tarzon expressed her concerns regarding the impacts to her property from this project. Chairperson Porter closed the Public Comment period. MOTION: By Commissioner Kelley and seconded by Commissioner Jones to 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. Motion passed 5:0 by a roll -call vote. PC Draft Minutes 09/20/05 Page 4 of 8 Commissioner Fonzi rejoined the meeting. 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. 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 Determination: Commissioner Fonzi stepped down from consideration of this item stating she has a conflict of interest as the applicant is a distant relative of hers. Assistant Planner Lisa Wilkinson gave the staff report and answered questions of the Commission. PUBLIC COMMENT Pamela Jardini, applicant's representative, stated they are in agreement with the staff report and conditions of approval. Ms. Jardini answered questions of the Commission. Chairperson Porter closed the Public Comment period. MOTION: By Commissioner Kelley and seconded by Chairperson Porter to adopt Resolution PC 2005-0076 approving Tentative Parcel Map 2005-0071, subject to conditions of approval. Motion passed 5:0 by a roll -call vote. Commissioner Fonzi rejoined the meeting. 6. CONDITIONAL USE PERMIT 2005-0148,4180 EL CAMINO REAL Applicant: CKE Restaurants, Inc., 401 W. Carl Karcher Way, Anaheim, CA 92801 PC Draft Minutes 09/20/05 Page 5 of 8 Owner: Kmart 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. Associate Planner Kelly Gleason gave the staff report and City Engineer Steve Kahn spoke about circulation issues; both answered questions of the Commission. PUBLIC COMMENT Stewart Voeltz, CKE Restaurants, indicated they are in agreement with everything as stipulated with the exception of Mitigation Measure 15.a.b.1, which they are unable to meet at this time. Mr. Voeltz submitted a letter regarding his concerns (Exhibit B) and answered questions of the Commission. Kelly Gearhart made a suggestion for improvements to the San Anselmo intersection to improve traffic impacts. Eric Greening spoke about the traffic impacts to this area, tree replacement and questioned the timetable for improvements to the interchange. Lorenzo Reyes, applicant's representative, stated their disappointment that this item might be continued because of traffic mitigation requirements. Eric Greening stated that it is important to provide for safe pedestrian and bicycle ingress and egress at this site. Chairperson Porter closed the Public Comment period. Chairperson Porter adjourned the meeting at 9:03 p.m. Chairperson Porter called the hearing back to order at 9:15 p.m. Commissioner concerns/comments included: 1. Pedestrian access to restaurant should be improved. PC Draft Minutes 09/20/05 Page 6 of 8 2. Trees should be saved, if they cannot, trees similar to those removed should be used. 3. Should look at the bulb out idea for the intersection. 4. Would like information on the nexus between impacts and costs of traffic mitigations. 5. Would like to see a copy of traffic study. 6. Placement of drive through window. 7. Would like applicant to bring back their traffic study, traffic engineer and traffic statistics from some of their other restaurants in cities similar to Atascadero. 8. Fagade facing EI Camino Real is uninteresting, would like to see more muted colors/deeper tones, not white. 9. Signage is excessive. MOTION: By Commissioner Kelley and seconded by Commissioner Fonzi to continue this project and for staff to address issues raised by the Commission. Motion passed 6:0 by a roll -call vote. 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 Location: to the confluence of Graves Creek and the Salinas Rives. 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: Assistant Planner Lisa Wilkinson gave the staff report and answered questions of the Commission. PUBLIC COMMENT Kelly Gearhart, applicant, answered questions of the Commission. Eric Greening asked about archeological issues for the project. Chairperson Porter closed the Public Comment period. PC Draft Minutes 09/20/05 Page 7 of 8 MOTION: By commissioner Kelley and seconded by Commissioner Fonzi to adopt Resolution PC 2005-0076 to approve Conditional Use Permit Amendment 2005-0162 based on findings and subject to conditions of approval, and with the following change to Condition of Approval No. 8: Additional fencing to city standards shall be incorporated around the existing basin. Motion passed 6:0 by a roll -call vote. COMMISSIONER COMMENTS AND REPORTS Commissioner Fonzi questioned the grading taking place around a tree located at a project on Curbaril and Morro Road. Kelly Gearhart explained the current status of the tree. Commissioner Patel asked about several issues including the sign ordinance, and status of the Sunken Gardens project. Director Frace and Public Works Director Steve Kahn addressed the questions. There was Commission discussion regarding the issue of conversion of apartments into condominiums. DIRECTOR'S REPORT Community Development Director Warren Frace reviewed the agenda for the next Planning Commission meeting. ADJOURNMENT Chairperson Porter adjourned the meeting at 9:47 p.m. to the next regularly scheduled meeting of the Planning Commission on October 4, 2005. MINUTES PREPARED BY: Grace Pucci, Recording Secretary The following exhibits are available for review in the Community Development Department: Exhibit A — Greg Ravatt, AIA, letter Exhibit B — Stewart Voeltz, letter PC Draft Minutes 09/20/05 Page 8 of 8 CALL TO ORDER ITEM NUMBER: 3 DATE: 10-18-05 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting October 4, 2005 — 7:00 P.M. Chairperson Porter called the meeting to order at 7:01 p.m. and Commissioner Kelley 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, Deputy Public Works Director Jeff Van den Eikhof, Associate Planner Kelly Gleason, Associate Planner Kerry Margason and Recording Secretary Grace Pucci. PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA MOTION: By Commissioner O'Keefe and seconded by Commissioner Kelley to approve the agenda. Motion passed 6:0 by a roll -call vote. PUBLIC COMMENT None PC Draft Minutes 10/04/05 Page 1 of 7 CONSENT CALENDAR None COMMUNITY DEVELOPMENT STAFF REPORTS Community Development Director Warren Frace gave an update on the Dove Creek project and answered questions of the Commission. Grant Robins, Syntex Homes, spoke about grading at the Dove Creek project and answered questions of the Commission. PUBLIC HEARINGS 1. CONDITIONAL USE PERMIT 2000-0022 RECONSIDERATION TO BE CONTINUED TO OCTOBER 18, 2005 Owner: Jimmie D. Shores, P O Box 216, Atascadero, CA 93423 Project Title: San Anselmo Carwash - Reconsideration of Conditional Use Permit 2000-0022. Project 6125 San Anselmo Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 049-225-024 Project The proposed project is a reconsideration of an approved Conditional Use Permit to allow for an additional Description: ingress/egress on San Anselmo near the northwest corner of the site. The ingress/egress request includes installation of a berm median that limits movement to right turns only. General Plan Designation: GC (General Commercial) Zoning District: (CT) Commercial Tourist Proposed CEQA Categorical Exemption Section 15301 — Existing Facilities. Environmental Determination: 2. CONDITIONAL USE PERMIT 2004-0137 AMENDMENT Applicant & Ted Jacobson, 5806 Traffic Way, Atascadero, CA 93422 Owner: Judy Jacobson, c/o Ted Jacobson, 5806 Traffic Way, Atascadero, CA 93422 Project Title: Conditional Use Permit 2004-0137 Amendment Project 9700 El Camino Real, Atascadero, CA 93422 Location: APN 056-081-032 Project A request to amend the previously approved Master Plan of Development to include a larger pad for future construction and modified parking lot circulation. PC Draft Minutes 10/04/05 Page 2 of 7 Description: David Graves, 4155 Carrizo Road, Atascadero, CA 93422 Proposed In substantial conformance with previously certified Mitigated Negative Declaration and Initial Study Environmental 2005-0022. Determination: 8585 San Rafael Road, Atascadero, CA 93422 Commissioner Patel stepped down from consideration of this item stating he has a conflict of interest because he has sold property to the applicant. Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Ted Jacobson, applicant, answered questions of the Commission. Chairperson Porter closed the Public Comment period. MOTION: By Commissioner Kelley and seconded by Commissioner O'Keefe to adopt Resolution PC 2005-0080 approving the proposed amendment to Conditional Use Permit 2004-0137 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring, and adding a condition that in the landscaping plan there be a low hedge between the sidewalk and parking lot. Motion passed 5:0 by a roll -call vote. Commissioner Patel rejoined the hearing. 3. TENTATIVE PARCEL MAP 2005-0069, 8585 SAN RAFAEL ROAD Applicant $ David Graves, 4155 Carrizo Road, Atascadero, CA 93422 Owner: Project Title: Tentative Parcel Map 2005-0069 Project 8585 San Rafael Road, Atascadero, CA 93422 Location: (San Luis Obispo County) 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 gross Description: 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. General Plan Designation: Rural Estate (RE) Zoning District: Residential Suburban (RS) PC Draft Minutes 10/04/05 Page 3 of 7 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, Community Determination: 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. PUBLIC COMMENT — None MOTION: By Commissioner Kelley and seconded by Commissioner Fonzi to adopt Resolution PC 2005-0070 certifying Mitigated Negative Declaration 2005-0037 and approving Tentative Parcel Map 2005-0069 dividing one parcel into two parcels, based on findings and subject to conditions of approval, and with the following additional finding: . Construction of a Class II Bikeway along this portion of San Rafael Road would be premature in that other sections of the ikeway have not vet been constructed and it is anticipated that it will be some time before additional portions of the bikeway could be built. Motion passed 6:0 by a roll -call vote. 4. TENTATIVE PARCEL MAP 2005-0070,5750 ROSARIO TO BE CONTINUED Owner: David Graves, 4155 Carrizo Road, Atascadero, CA 93422 Project Title: Tentative Parcel Map 2005-0070 Project 5750 Rosario Avenue, 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 Description: structures on 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: PC Draft Minutes 10/04/05 Page 4 of 7 5. TENTATIVE TRACT MAP 2005-0071, COLONY SQUARE Applicant: R2L Architects, Robert Richmond, 444 Higuera Street, Ste. 201, San Luis Obispo, CA 93401 Owner: El Camino Associates, 143 Beachcomber Drive, Pismo Beach, CA 93449 Project Title: Tentative Tract Map 2005-0071 Project 6901 and 6905 El Camino Real, 6999 Santa Ysabel Ave. Location: APN 029-361-018, 020, 022 (San Luis Obispo County) Project Tentative Tract Map for lot reconfiguration and commercial and residential condos consistent with the Description: Colony Square Master Plan of Development. Proposed Reviewed under Certified Negative Declaration 2005-0020 Environmental Determination: Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Paul Reicher, EDA, applicant's representative, spoke about the project and answered questions of the Commission. Chairperson Porter closed the Public Comment period. Chairperson Porter recessed the hearing at 7:58 p.m. Chairperson Porter called the meeting back to order at 8:06 p.m. PUBLIC COMMENT Paul Reicher requested the Resolution be revised to allow for commercial condominiums in addition to the residential. Chairperson Porter closed the Public Comment period. MOTION: By Commissioner Fonzi and seconded by Commissioner O'Keefe to adopt Resolution PC 2004-0050 approving Vesting Tentative Tract Map 2005-0071, a request to establish a subdivision and 67 residential airspace condominium units and an unknown number of commercial condominium units consistent with the approved Colony Square Master Plan of Development (CUP 2004-0127) based on findings and subject PC Draft Minutes 10/04/05 Page 5 of 7 to conditions of approval and mitigation monitoring, and with the following changes: 1. Add to Condition of Approval No. 10: f) that CC&R's will apply to commercial condominiums and will include sharing and use of meters. 2. That the "unknown number of commercial condominiums" also be applied to page 125, the Resolution title. Motion passed 6:0 by a roll -call vote. 6. TENTATIVE PARCEL MAP 2005-0072, 5155 ESCARPA AVE. TO BE CONTINUED Applicant: Barak Miles, 5255 Traffic Way, Ste. 104, Atascadero, CA 93422 Owners: Jeff Hansen, P O Box 1710, Atascadero, CA 93423 Barak Miles, 5255 Traffic Way, Ste. 104, Atascadero CA 93422 Project Title: Tentative Parcel Map 2005-0072 Project 5155 Escarpa Ave., Atascadero, CA 93422 Location: (San Luis Obispo County) APN 029-161-008 Project A proposed subdivision of an existing 3.37 gross acre lot into three individual parcels of 1.01, 1. 15, and 1.21 Description: Foss acres. The site is currently contains a single-family residence that will remain on proposed parcel 1. The parcels consist of moderate to steep slopes and contain native trees and vegetation. Onsite septic will serve the property and water is available from Atascadero Mutual Water Company. General Plan Designation: Single Family Residential (SFR -Y) Zoning District: Residential Single Family (RSF-Y) 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, Community Determination: Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. COMMISSIONER COMMENTS AND REPORTS Vice Chairperson Beraud referred to the map for the Escarpa proposed subdivision and asked about the slope for the project. She also asked if any progress had been made in resolving the issue with the Carlton signage. Director Frace addressed the questions. DIRECTOR'S REPORT Community Development Director Warren Frace reviewed the agenda for the next Planning Commission meeting. He also reported that the Community Development Department has hired a firm that specializes in affordable housing to help with changes to the City's inclusionary housing requirements and condominium conversions. PC Draft Minutes 10/04/05 Page 6 of 7 ADJOURNMENT Chairperson Porter adjourned the meeting at 8:19 p.m. to the next regularly scheduled meeting of the Planning Commission on October 18, 2005. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary PC Draft Minutes 10/04/05 Page 7 of 7 ITEM NUMBER: 4 DATE: 10-18-05 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: 4 DATE: 10-18-05 DISCUSSION: Background: On September 20, 2005, the Planning Commission requested modifications to the proposed condominium design, including rotating Unit #1 to front Rosario Avenue and additional design elements characteristic with the neighborhood. The subject site 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. 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. Figure 1: Property to the west Figure 2: Subject site Condominium Design: Figure 3: Unit to be demolished The proposed map will create three airspace units on one legal lot of record. Each unit will contain approximately 1,317 square feet including one (1) covered parking space and an unenclosed porch. Unit #3 has been modified to meet the ten (10) foot rear yard setback requirement. Each unit is equipped with laundry hook-ups and is conditioned to provide 100 cubic feet of enclosed storage space (condition 11). The redesigned site plan contains a twenty (20) foot wide access drive serving all three units. Appearance Review As recommended, the applicant has designed Unit #1 to face Rosario Avenue. The redesigned elevations incorporate traditional porch features, transom windows, and clapboard siding material. In addition to the changes, staff recommends that the exterior parking spaces between Unit #2 and Unit #3 be of decorative pavement in lieu of landscaping between structures. SII ITEM NUMBER: 4 DATE: 10-18-05 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 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 -- Draft Resolution PC 2005-0072 ITEM NUMBER: 4 DATE: 10-18-05 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: 4 DATE: 10-18-05 ATTACHMENT 2: Arborist Letter TPM 2005-0070 5750 Rosario Avenue �robetl Tree *urgery 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 ITEM NUMBER DATE: 10-18-05 ATTACHMENT 3: Elevations TPM 2005-0070 5750 Rosario Avenue ITEM NUMBER: 4 DATE: 10-18-05 ATTACHMENT 4: Draft Resolution PC 2005-0072 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 three 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; and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Tentative Parcel Map application on October 18, 2005 at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public; and, 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: 4 DATE: 10-18-05 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: 4 DATE: 10-18-05 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: 10-18-05 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: 10-18-05 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. Each unit will be provided 100 square feet of enclosed storage FO PS/BS space, exclusive of closets. 12. 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. 13. The applicant shall submit a landscape and irrigation plan BP PS utilizing drought tolerant species. 14. Exterior parking spaces between Unit #2 and Unit #3 shall be BP PS of decorative pavement in lieu of landscaping between structures. 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 submittal of the Public Improvement Plans. ITEM NUMBER DATE: 10-18-05 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 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. 28. The applicant shall monument all property corners for FM CE construction control and shall promptly replace them if disturbed. ITEM NUMBER DATE: 10-18-05 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 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. 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 ITEM NUMBER DATE: 10-18-05 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 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 units 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. 48. A separate landscape meter is required for common landscape areas of 5000 square feet or more. ITEM NUMBER: 4 DATE: 10-18-05 EXHIBIT C: Tentative Parcel Map TPM 2005-0070 (AT 05-0201) Fj lie oil ITEM NUMBER: 5 DATE: 10-18-05 Planning Commission Staff Report Staff Report - Community Development Department Reconsideration of Conditional Use Permit 2000-0022 6125 San Anselmo Avenue Amendment of CUP 2000-0022 (Jim Shores) SUBJECT: The proposed project consists of an Amendment to Conditional Use Permit 2000-0022 revising the Master Plan of Development to: (1) address site development inconsistencies; (2) propose a new shade structure over the vacuum stations; (3) remove the card lock gas station from the Master Plan of Development; and (4) propose a new median in San Anselmo Road in lieu of removing a non -permitted ingress/egress driveway. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2005-78 approving Reconsideration of Conditional Use Permit 2000-0022, subject to conditions of approval. SITUATION AND FACTS: 1. Applicant / Property Owner Jim Shores P.O. Box 216 Atascadero, CA 93423 (805/466-2767) 2. Representative: Russ Thompson, Engineer 7600 Morro Road Atascadero, CA 93422 (805/462-1375) 3. Project Address: 6135 San Anselmo Road, Atascadero, CA 93422 APN 049-225-024 4. General Plan Designation: GC (General Commercial) 5. Zoning District: CT (Commercial Tourist) 6. Site Area: .53± acres ITEM NUMBER: 5 DATE: 10-18-05 7. Existing Use: Temporary Occupancy for Carwash 8. Environmental Status: Class 1, Categorical Exemption Section 15315 DISCUSSION: Background: The site is located at 6135 San Anselmo Road, west of Highway 101. The property is approximately .53± acres and is surrounded by similar sized lots. The project lies within a block of commercial uses including Union 76 Gasoline Station to the east, Arco AM/PM Gasoline Station and In & Out Burger Drive -Through Restaurant to the north, Kentucky Fried Chicken Drive -Through Restaurant and a motel to the south, and residential properties. The site is currently developed as a carwash facility with three small retail buildings along San Anselmo Road. The retail buildings and majority of the site improvements were constructed prior to purchase by the current applicant. However, the overall project site improvements have not been finaled by the City. ITEM NUMBER: 5 DATE: 10-18-05 Summary: The proposed project is a request to revise the Master Plan of Development to (1) address site development inconsistencies; (2) propose a new shade structure over the vacuum stations; (3) remove the card lock gas station from the Master Plan of Development; and (4) propose a new median in San Anselmo Road in lieu of removing a non -permitted ingress/egress driveway. The new median would limit ingress and egress to and from the site to a right turn only. Non -permitted driveway The items under reconsideration are stated below. Following each item is the condition number within the original, approved conditions of approval for reference. These original conditions required the following: 1. Installation of a 10 -foot wide landscape planting area with a raised berm between the parking area and the San Anselmo sidewalk(Condition 12c); 2. All mechanical, heating and air conditioning equipment to be architecturally compatible and screened from public view (Condition 15); 3. Installation of London Plane street trees 30 feet on center (Condition 19.a) along San Anselmo; 4. Incorporation of native oak trees into the landscape plan (Condition 19. c.); 5. Car wash blower and vacuum stations to comply with the City's Noise Ordinance (Conditions 37 and 38); 6. Site access be limited to one driveway at the intersection of San Anselmo and Monterey Road and shared access off of San Palo. Driveway apron on San Anselmo Road adjacent to Union 76 to be removed (Condition 39); ITEM NUMBER: 5 DATE: 10-18-05 7. Installation of a masonry and iron picket fence and landscape planter on the western edge of the property consistent with the fence on the eastern edge of the property (Condition 11); 8. Installation of facia trim to the car wash building (Condition 11 and exhibits); 9. All lighting to be decorative gooseneck style as approved and downshielded to prevent offsite glare (Condition 13b and 24 and Approved Exhibits); and 10. Installation of the monument sign to be surrounded with architectural masonry material (Condition 16). 11. Installation of bicycle parking spaces. In addition, the project was conditioned to be consistent with the approved exhibits as attached to the original staff report. Inconsistencies with approved exhibits include the non -permitted installation of a third vacuum station, failure to construct the curbing around the rear parking area, and failure to install a landscape planter with additional oak trees along the western property line. Lack of 10' landscape berm (Gond 12c) bac ITEM NUMBER DATE: Non -permitted equipment in sidewalk (Cond 15) . rlo- . _ 5 10-18-05 ITEM NUMBER: 5 DATE: 10-18-05 Analysis: The above-described site and building deficiencies were constructed without authorization from the Planning Commission or staff. The deficiencies were noted upon a call for final inspection by the applicant. At that time, staff noted that the site was not constructed according to the approved plans and deficiencies were cited. Each issue area is further analyzed below. The project had been operating on a temporary occupancy permit and the project has not been finaled to date. (1) Site Development Inconsistencies Site development inconsistencies were constructed by both the original developer through completion of the three retail buildings, and the current applicant through completion of the car wash facility. Although the retail buildings were permitted and finaled, the project was still considered under construction and subject to completion and correction of all site improvements (i.e. landscaping, pavement, curbing, signage, fencing, lighting, etc). Staff does not have the authority to waive these inconsistencies. The Planning Commission must review each item and determine if the item can be waived or modified per original CUP approval, or have the CUP Master Plan amended to reflect the non -permitted improvements constructed to date. The items for consideration are as follows: 1. Installation of a 10 -foot wide landscape planting area along the parking lot with a raised berm along San Anselmo (Original CUP Condition 12c). Staff Comment: The parking lot was constructed without this landscape berm. Staff recommends that the only opportunity for additional landscape is with the installation of additional trees and shrubbery at other locations on the site as identified in item 3 below and as conditioned in New CUP Condition 13. 2. All mechanical, heating and air conditioning equipment to be architecturally compatible and screened from public view (Original CUP Condition 15). Staff Comment: After completion of the three retail buildings, the owner constructed ground -mounted air conditioning units on the sidewalks to the side of each building without permits. Staff recommends that the concrete sidewalks be removed and infilled with landscaping (New CUP Condition 15). 3. Installation of London Plane street trees 30 feet on center along San Anselmo (Original Condition 19.a). Staff Comment: As the public sidewalk contains no tree planters and no landscape berm was provided along San Anselmo, staff recommends planting ITEM NUMBER: 5 DATE: 10-18-05 two London Plan Trees in the parking lot planter along the public sidewalk between two of the retail buildings (New CUP Condition 13). 4. Incorporation of native oak trees into the landscape plan (Original Condition 19. C.). Staff Comment: Native oak trees have not been planted on site to date. Staff recommends planting several native oak trees (minimum of 5) at the rear of the site within the level area between the base of the slope and the paved parking area (New CUP Condition 18). 5. Car wash blower and vacuum stations to comply with the City's Noise Ordinance (Original CUP Conditions 37 and 38). Staff Comment: Staff's observation is that the ground -mounted vacuum cleaners are not noise problematic. However, an overhead rack of five exposed high powered blower fans in the automated car wash stall presents significant noise impacts on and off site. Staff recommends that the fans be removed and redesign to reduce noise and provide architectural screening. Staff recommends that the applicant propose a noise -sensitive blower unit, subject to staff review and approval (New CUP Condition 11). 6. Site access be limited to one driveway at the intersection of San Anselmo and Monterey Road and shared access off of San Palo. Driveway apron on San Anselmo Road adjacent to Union 76 to be removed (Condition 39); Staff Comment: In accordance with a traffic study that was prepared to address the third access point, the applicant has submitted a design for a median to be installed in San Anselmo that would prevent left -turn vehicular movement. Planning staff is recommending that the design be modified as to width and appearance, requiring a minimum of 2'6" in width with cobblestone filler, similar to the median in Del Rio Road, east of the Highway 101 on ramp. 7. Installation of a high quality masonry and iron picket fence and landscape planter on the western edge of the property consistent with the fence on the eastern edge of the property (Original Condition 11 and approved Exhibits). Staff Comment: Staff recommends that the existing wood fence be replaced with an upgraded architectural fence. The Commission may comment on whether the fence should match the easterly fence or may be constructed of a different, high quality material. Staff recommends that the height of the fence not exceed three feet and that the fence be constructed of high-quality durable material (New CUP Condition 9). ITEM NUMBER: 5 DATE: 10-18-05 8. Installation of fascia trim to the car wash building (Original Condition 11 and exhibits). Staff Comment: Staff recommends installing the fascia trim per plan and painting it a putty color to match the existing retail building fascia (New CUP Condition 8). 9. All lighting to be decorative gooseneck style as approved and down shielded to prevent offsite glare (Condition 13b and 24 and Approved Exhibits) Staff Comment: Staff's observation is that the overhead wall mounted security lights on the car wash facility present a significant light and glare impact on and off site. Staff recommends that the lights be reduced to one per each stall and re -mounted in a location above the fascia within the inside of each stall. All exposed wall lighting shall be shielded. If a light is required over the change machine, it is recommended that it be an architectural gooseneck lamp as originally approved (New CUP Condition 10). 10. Installation of the monument sign to be surrounded with an architectural masonry material. Staff Comment: Staff recommends adding a masonry surround per plan to match the existing car wash building fascia (New CUP Condition 12). 11. Installation of bicycle parking spaces at a ratio of one bicycle parking space for every 10 -vehicle parking spaces. (Condition 26) Staff Comment: Staff has conditioned the project to install the required, commercial grade bicycle racks. (New CUP Condition 16) (2) Proposed Shade Structure The applicant proposes to install a shade structure over the vacuum stations. The structure would be designed to conform to the existing architectural style of the development, as shown in Exhibit C attached to the draft resolution. (3) Original Card Lock Gas Station The card lock station has not been constructed on the site. After completion of the three retail buildings and car wash facility, it appears that removal of the Card Lock Gas Fueling facility is necessary to insure that onsite vehicular and pedestrian circulation operates in a safe and orderly manner. Staff has included a condition to remove the card lock station from the Master Plan of Development and add curbing and parking lot striping to the rear paved portion of the site (New CUP Conditions 14 and 17). ITEM NUMBER: 5 DATE: 10-18-05 (4) Proposed San Anselmo Road median or remove the non -permitted ingress/egress driveway. The original project approval allowed two ingress/egress points, one at the intersection of Monterey Road and one shared access onto San Palo Road. During development of the site, a third ingress/egress driveway was constructed without City permits (see map below). The applicant requests retention of the third ingress/egress point. To date, staff has been unable to resolve this issue noting that the driveway was constructed without permits and the driveway apron is out of alignment with the driveway causing exiting vehicles to drive over the six-inch curb rather than over the driveway apron. At present, the car wash facility has been operating only under temporary occupancy status. Public Works staff has identified a partial solution by recommending construction of a median in San Anselmo to create a right -in / right -out movement for this driveway. If a median is constructed, the Planning staff recommends that the median be a minimum of 2 feet 6 inches wide and be filled with cobblestone, consistent with the median in Del Rio Road (New CUP Condition 7). Staff also notes that the site is posted with signs that direct traffic entering and leaving the site which has proven ineffective. ITEM NUMBER: 5 DATE: 10-18-05 SAN Ingress/egress Point 3 (Reconsideration) 4 Z ' P.4. 01-90 1 I 0,9YAC. 1 ! I 12 I t I r;c 0.66= AC. ! Ingress/egress Point 2 (original approval) 22 \/ py• / 3 16 3.2 A 0.53 AC. D � 2 r • »'C 17776 � Ingress/egress Point 1 G (original approval) 54 —64 MONTEREY RD z ITEM NUMBER: 5 DATE: 10-18-05 Conditional Use Permit Findings: There are five standard Conditional Use Permit findings that need to be made for the project. With implementation of the conditions of approval, Staff has determined that all of the following findings can be made: The proposed use is consistent with the General Plan. Staff Response: The revised site plan continues to meet the requirements of the General Plan. 2. The proposed use satisfies all applicable provisions of the Zoning Ordinance. ITEM NUMBER: 5 DATE: 10-18-05 Staff Response: The revised site plan continues to meet the requirements of the Zoning Ordinance. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this 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 the property or improvements in the vicinity of the use. Staff Response: As conditioned, the project will not be detrimental to the health, safety or welfare of the general public or people residing or working in the neighborhood of the use, or be detrimental or injurious to the property or improvements in the vicinity of the use. The use of the median in San Anselmo Road will reduce left turns into the project site, thereby reducing the number of vehicles that could turn across traffic. 4. The proposed use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. Staff Response: The proposed use is consistent with the character of the immediate neighborhood of fast food restaurants, and gas stations. 5. The proposed use 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 Response: The proposed use will not generate a volume of traffic beyond the safe capacity of the roads. Environmental Review: A Mitigated Negative Declaration was certified for the original Conditional Use Permit on October 2, 2001. Staff has determined that with implementation of the new CUP conditions regarding noise, lighting, circulation, site improvements, and landscaping, this reconsideration request would be consistent with the original Mitigated Negative Declaration. All mitigation measures of the original Negative Declaration will continue to apply to this project site. ITEM NUMBER: 5 DATE: 10-18-05 CONCLUSION: The proposed use is consistent with the General Plan and satisfies all applicable provisions of the Zoning Ordinance. The project as conditioned will not be detrimental to the health, safety or welfare of the general public and the proposed use is consistent with the character of the immediate neighborhood. ALTERNATIVES: 1. The Planning Commission may approve this Reconsideration of Conditional Use Permit 2002-0022 with modified conditions of approval. 2. The Planning Commission may deny Conditional Use Permit 2002-0022 based on appropriate findings. To deny the application, the Commission must find that it is inconsistent with one of the required findings. The motion to deny must include a finding for denial. 3. The Planning Commission may continue the application and refer the project back to staff for additional information or analysis. Direction should be given to staff and the applicant. PREPARED BY: Kerry Margason, Associate Planner ATTACHMENTS: Attachment 1: Zoning and General Plan Designation Attachment 2: Original Conditions of Approval Attachment 3: Draft Resolution PC 2005-0078 ITEM NUMBER: 5 DATE: 10-18-05 Attachment 1: Zoning and General Plan Designation CUP 2000-0022 6125 San Anselmo Road Zoning District: CT (Commercial Tourist) General Plan Designation: GC (General Commercial) ATTACHMENT 2: Original Conditions of Approval for CUP 2000-0022 Reconsideration of CUP 2000-0022 EXHIBIT A: CONDITIONS OF APPROVAL / MITIGATION MONITORING PROGRAM CUP 2000-0022 Condition of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2000-0022 /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy FD: Fire Department F0: Final Occupancy PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. The approval of this use permit shall become final and GP PS effective for the purposes of issuing building permits BP 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 Conditional Use permit shall be valid for BP PS twelve (12) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 3. The Community Development Department shall have the BP PS authority to approve minor changes to the project that (1) increase the intensity of the 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 Conditional Use Permit / Master Plan of Development. 4. Handicapped access to the motel units shall be provided BP PS with a mechanical lift system instead of ramps. The lift system shall be painted and landscaped to match the rest of the site. 5. The motel units shall be utilized for transient occupancy Prior BP PS only at all times. A deed restriction specifying the CA restricted transient use of these structures shall be recording prior to the issuance of building permits. 6. An open space easement shall be recorded across the Prior BP PS hillside areas of the slope to protect native trees and restrict future development. 7. A lot line adjustment shall be recorded prior to issuance of Prior BP PS building permits to reconfigure the existing parcels consistent with Exhibit B. Condition of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2000-0022 /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy FD: Fire Department F0: Final Occupancy PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 8. Outstanding native tree mitigation fees in the amount of Prior BP PS $1083.33 shall be paid prior to issuance of building permits. All other native tree removals shall be mitigated in accordance with the Native Tree Ordinance. 9. Prior to the issuance of building permits the applicant shall Prior BP PS record all necessary cross access easements to provide CE access between the two sites and San Palo Road across the KFC site. 10. Reciprocals access and parking easements shall be FO PS recorded across all site parcels prior to final occupancy of CE the first unit. 11. All site improvements, lighting, landscaping, and building BP PS elevations including colors, material and finishes shall be FO consistent or superior to those shown in attached Exhibits B through I. 12. The Site Plan as shown in Exhibit B shall be modified as BP PS follows: a) Curb lines at the base of the hillside shall be moved away from native trees. b) The trash enclosure and electronics room shall be relocated as shown on Exhibit B. c) A 10 -foot wide landscape planting with a raised berm shall be installed along all parking lot areas fronting San Anselmo. d) The San Anselmo site plan shall be revised to include 18 parking spaces. e) Decorative masonry trash can enclosures shall be provided in the location of the car wash vacuums. 13. The Architectural Elevations as shown in Exhibits D, E, F, BP PS G and H shall be modified as follows: a) The car wash and all accessory structures shall be constructed with a stucco finish consistent with the materials palette for the project. b) Thematic gooseneck style lights shall be added to all buildings entry features and free standing lighting as decorative elements. Condition of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2000-0022 /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy FD: Fire Department F0: Final Occupancy PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney c) Storefront windows and decorative windows shall be added to the street frontages of the commercial buildings. 14. All roof -mounted equipment shall be screened from view BP PS in all directions. All roof -mounted equipment which FO generates noise, solid particles, odors, etc., shall cause the objectionable material to be directed away from residential properties. 15. All ducts, meters, air conditioning equipment and all other BP PS mechanical equipment, whether on the ground, on the FO structure or elsewhere, shall be screened from public view with materials architecturally compatible with the main structure. Gas and electric meters, electric transformers, and large water piping systems shall be completely screened from public view with approved architectural features and/or landscape plantings. 16. All building and/or free standing site signs will be subject BP PS to the approval of a Master Sign Program. 17. All wall and pole mounted lights shall use shielded, cut-off BP PS lights to prevent off site glare. FO 18. All outdoor storage facilities and trash enclosures will be BP PS constructed of decorative masonry materials and have solid metal gates. The perimeter of all such facilities shall be landscaped when visible to the public. 19. The Community Development Department will approve a BP PS final landscape and irrigation plan prior to the issuance of any building permit. Landscape plans and specification will be prepared by a professional landscape architect and indicate the location, size, quantity and planting requirements of all plant materials. The plans will include details for an automatic underground irrigation system. The landscape construction plan shall be consistent with the incorporation of the following features at a minimum: a) Large canopy London Plane Tree (Plantanus acerifolia) street trees will be planted along the San Anselmo street frontages at 30 -feet on -center. b) Parking lot trees are required to have large canopies and good shading characteristics c) Native variety oak tree shall be incorporated into the landscape plan. d) All parking lot planter areas will include a reasonable combination of trees, shrubs and ground cover Condition of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2000-0022 /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy FD: Fire Department F0: Final Occupancy PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney plantings e) All slopes in excess of 2:1 shall be planted with slope stabilizing plant materials and installed with jute or nylon mesh. f) A minimum 10 -foot wide landscape planter with a raised berm shall be provided along the entire project street frontages. g) Areas of turf planting shall be limited to no more than 10% of landscaped areas. h) The hillside in front the motel units shall be landscaped with a combination of ground cover, shrubs and trees. 20. All existing native trees on site shall be preserved and BP PS protected during construction. Tree protection plans shall Certified be submitted with all grading and building permits. Trees Arborist that cannot be preserved shall be mitigated per the requirements of the Native Tree Regulations. The applicant shall retain a certified arborist to monitor tree protection and on-site construction within the vicinity of native oak trees. In no case shall construction occur with tree protection fences without the arborist being present. 21. Prior to issuance of a Certificate of Occupancy for the first BP PS building, the project sponsor shall provide mail FO receptacles for the commercial units as required by the U.S. Postmaster. 22. Construction activities shall be limited from 7 a.m. to 9 GP PS p.m. seven days a week. BP Mitigation Measures 23. All hillside portions of the project area beyond the BP PS 1.C.1 current development plans shall be kept as perpetual open space areas. An open space easement or similar protections shall be provided. 24. All exterior lighting shall be designed to eliminate off- BP PS 1.d.1 site glare. Lighting shall utilize full cut off "shoe box" style lighting. Pole lighting will utilize (LS) Rudd Lacw series or Mc Graw Edison TWAC or TWAC contour series or superior products designed to reduce off-site glare. All other building exterior light fixtures to be approved by the Community Development Department for location and design. Condition of Approval / Mitigation Monitoring Program CUP 2000-0022 Timing GP: Grading Permit BP: Building Permit TO: Temporary Occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 25. The project shall comply with all applicable District GP PS 3.b.1. regulations pertaining to the control of fugitive dust (PM- BP 10) as contained in section 6.4 of Air Quality Handbook. All site grading and demolition plans notes shall list the following regulations: a) All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage, preferably in the late morning and after work is finished for the day. b) All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e. greater than 20 mph averaged over one hour) so as to prevent excessive amounts of dust. c) All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. d) The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. e) Permanent dust control measured identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. f) Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast -germinating native grass seed and watered until vegetation becomes established. g) All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods in advance by the APCD. h) All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible. In addition, structural foundations shall be completed as soon as possible following building pad construction. i) On-site vehicle speed shall be limited to 15 mph for any unpaved surface. j) All unpaved areas with vehicle traffic shall be watered at least twice per day, using non -potable water. k) Streets adjacent to the project site shall be swept daily to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust from leaving the site. 1) Wheel washers may be required when significant off-site import or export of fill is involved. 26. Provide on site bicycle parking racks at a ratio of one BP PS 3.c.1. bicycle parking space for every 10 -car parking spaces. Bike racks will be provided in convenient and secure location. Condition of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2000-0022 /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy FD: Fire Department F0: Final Occupancy PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 27. Shade tree planting shall be used along southern BP PS 3.c.2 exposures of buildings and in parking areas to reduce summer cooling needs. 28. Large canopy shade trees shall be provided along BP PS 3.c.3. street frontages and within parking areas to shade paved areas and minimize urban heat build-up. 29. All buildings shall have double paned windows. BP PS 3.c.4. 30. Use energy efficient exterior and interior lighting. BP PS 3.c.5. 31. A permit from San Luis Obispo County Air Pollution BP PS 3.d.1. Control District (APCD) will be required for installation of gasoline dispensing facility. The APCD permit will be required prior to issuance of building permit. 32. The site plan will be redesigned to preserve and protect BP PS 4.e.1. these trees consistent with Arborists recommendations during and following project construction. A tree protection plan and construction guidelines will be required for working around native trees on the site. 33. All native tree removals shall comply with the BP PS 4.e.2. Atascadero Native Tree Ordinance. 34. Design of all gasoline facilities and underground storage BP PS 7.b.1. tanks shall meet or exceed all requirements as required by the San Luis Obispo County Environmental Health Department and Air Pollution Control District. Permits (County Environmental Health) for placement of underground tanks shall be secured prior to approval of a building permit from the City of Atascadero. 35. All site drainage will be required to utilize an interceptor BP CE 8.e.1. drain designed to filter all oils and similar pollutants from PS site drainage. 36. Gas pump facility will be designed to eliminate BP CE 8.e.2. immediate drainage. Pump islands will be designed PS slightly lower than site, or similar options that will accomplish eliminating immediate runoff from the fuel pump area. 37. The vacuum systems shall be installed with best BP PS 11.0.1. available sound muffling devices. Vacuum specifications with manufacture's noise ratings shall be submitted with building permits. 38. The car wash and vacuums shall be in compliance with BP PS 11.c.2. the City Noise Ordinance and not be operated between the hours of 10 p.m. and 6 a.m. 39. Site access will be limited to the following: BP PS 15.a.1. One driveway at the intersection of San Anselmo and Monterey Road. Condition of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2000-0022 /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy FD: Fire Department F0: Final Occupancy PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Shared access of the existing KFC driveway on San Palo. 40. Shared access easements shall be approved by the BP PS 15.a.2. City Engineer and City Attorney prior to the issuance of building permits. 41. The existing driveway apron on San Anselmo Avenue BP PS 15.a.3. adjacent to Union 76 will be removed. 42. Prior to issuance of building permits, applicant shall BP PS 16.e.1. prepare plans to expand the capacity of the sewer system to the satisfaction of the City Engineer. Fire Department 43. The applicant shall provide a hazardous materials FO FD management plan (HMMP) per section 307.1.6 of the U.B.C. 44. The fueling facility shall be designed to meet all current BP FD codes including Chapter 79 of the U.F.C. 45. All building fire flow requirements shall be approved per BP FD the requirements of the UBC and Fire Department. 46. Fire hydrants shall be provided as required by the Fire BP FD Department. Wastewater Department 47. All proposed uses shall be connected to the City sewer WW BP system. 48. Plans to upgrade pumps in Pump Station No. 11 (San WW BP Palo) to transport flow increase from the entire project (Car Wash, Motel Units, and Retail Commercial) shall be submitted concurrently with building permits. Wastewater flow calculations shall be submitted as required by the City Engineer. 49. To accommodate increased flow impact on sanitary sewer WW BP main into which Pump Station No. 11 discharges, one of the following options shall be completed prior to final occupancy: a) Construct the EI Camino Real gravity sewer main extension (currently under design) to allow re-routing of the flow from Pump station No. 1. b) Upgrade sanitary sewer main along EI Camino Real between Manhole R-7 to Manhole 1-5. Condition of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2000-0022 /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy FD: Fire Department F0: Final Occupancy PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney c) Upgrade Pump Controls at both Pump Station No. 11 and at Pump Station No. 1 by the installation of Isaacs Smart Switches, one 603T transmitter and one 601 R receiver. These devices will insure that both pump stations do not pump simultaneously. City Engineer 50. A three -chamber sand and grease interceptor shall be BP CE installed between the fuel facility and the existing drainage system. 51. A maintenance agreement will be required for the sand BP CE and grease interceptor. 52. All fuel dispensers shall be located on a concrete pad. BP CE 53. The concrete pad shall be sloped to drain to the inlet of BP CE the sand and grease interceptor. 54. San Anselmo Avenue shall be restriped as required by the BP CE City Engineer to accommodate project circulation requirements. A striping plan for San Anselmo Avenue shall be submitted concurrently with building plans. 55. Complete site grading and drainage plans shall be BP CE submitted concurrently with building permit applications. 56. No structures shall be constructed over any storm BP CE drainage facilities or easements. Site plans shall be redesigned or the drainage line and easement shall be relocated to the satisfaction of the City Engineer. City Engineer Standard Conditions 57. All public improvements shall be constructed in BP CE conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 58. The applicant shall enter into a Plan Check & Inspection agreement with the City. 59. The applicant shall be responsible for the protection, relocation and/or alteration of existing utilities. 60. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. 61. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. Condition of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2000-0022 /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy FD: Fire Department F0: Final Occupancy PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 62. Prior to issuance of building permits, the applicant shall submit a grading and drainage plan with details on sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. 63. Prior to the final inspection, all outstanding plan check and inspection fees shall be paid. 64. 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, Atascadero Engineering Standards and the Uniform Building Code. Atascadero Mutual Water Company 65. Prior to the issuance of building permits, the applicant BP AMWC shall submit plans that showing the water distribution facilities required to serve the project for review and approval by the AMWC. The plans shall show all facilities required to isolate fire protection and landscape irrigation systems from the domestic water system. Prior to approval of the water system, the applicant shall pay all installation and connection fees required by the Atascadero Mutual Water Company. 66. Prior to the issuance of building permits, the applicant BP AMWC shall obtain a "Will Serve" letter from Atascadero Mutual Water Company. 67. All water distribution facilities shall be constructed in FO AMWC conformance with the Atascadero Mutual Water Company standards and policies. All cross connection devices shall be constructed in conformance with the AWWA and Department of Health Services standards. Planning Commission Conditions 68. Signage shall be provided on and around the site BP PS prohibiting the parking of commercial trucks consistent with the City Municipal Code. 69. A pedestrian crosswalk shall be painted across the BP PS driveway between the motel units and the parking lot. - end of conditions - ATTACHMENT 3: Draft Resolution PC 2005-0078 Reconsideration of CUP 2000-0022 RESOLUTION NO. PC 2005-0078 A RESOLUTION OF THE ATASCADERO PLANNING COMMISSION APPROVING RECONSIDERATION OF CONDITIONAL USE PERMIT 2000-0022 A REQUEST TO AMEND THE MASTER DEVELOPMENT PLAN ALLOWING A THIRD POINT OF INGRESS/EGRESS 6135 SAN ANSELMO ROAD (APN 049-225-024) (CUP 2000-0022 / Jim Shores) WHEREAS, an application has been received from Jim Shores, Post Office Box 216, Atascadero, California 93423 (Applicant and Owner), to reconsider Conditional Use Permit 2000-0022, allowing for a third point of ingress/egress for the San Anselmo Car Wash facility and installation of a shade structure over the vacuum stations (APN 049-225-024); and, WHEREAS, the site's General Plan Designation is GC (General Commercial); and, WHEREAS, the site's current zoning district is CT (Commercial Tourist); and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Reconsideration of 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 project; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on October 18, 2005, studied and reconsidered CUP 2000-0022, and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project, as conditioned, is consistent with the General Plan; and, 2. The proposed project, as conditioned, satisfies all applicable provisions of the Zoning Ordinance; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this particular case, be detrimental to the health, safety, or welfare of the general public or people residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. The proposed project, as amended and conditioned, will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and, 5. The proposed project, as amended and conditioned, 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 the full development in accordance with the Land Use Element. 6. The installation of a median in the San Anselmo Road frontage is necessary in order to direct traffic in a safe and orderly manner. 7. Removal of the Card Lock Gas Fueling facility is necessary to insure onsite vehicular and pedestrian circulation continues to operate in a safe and orderly manner. BE IT FURTHER RESOLVED, that the Planning Commission does hereby approve the Reconsideration of Conditional Use Permit 2000-0022 subject to the following Exhibits: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Commissioners U NOES: Commissioner U ABSENT: Commissioner U ABSTAIN: none (� ADOPTED: October 18, 2005 CITY OF ATASCADERO, CALIFORNIA Greg Porter Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval Reconsideration of CUP 2000-0022 Conditions of Approval Timing Responsibility Reconsideration of CUP 2000-0022 /Monitoring San Anselmo Commercial Tourist Project PS: Planning Services BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney FO: Final Occupancy Standard Conditions 1. The approval of this reconsideration of a BP PS conditional use permit shall become final and effective for the purposes of issuing building permits, provided the required conditions of approval have been satisfied, 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. The granting of this Reconsideration of a Ongoing PS Conditional Use Permit shall apply to APN 049- 225-024, regardless of owner. 3. The Community Development Department shall BP PS have the 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 Reconsideration of the Conditional Use Permit. Project Conditions 4. The site uses shall comply with all of the original On going PS conditions and mitigation measures of Conditional Use Permit 2000-0022, except as revised in this resolution. 5. The Card Lock Fueling Facility shall be removed FO PS from the approved Master Plan of Development and shall not be constructed on this site. 6. One 15 -gallon Coastal Live Oak tree, additional FO PS drought resistant shrubs, and mulch shall be Conditions of Approval Timing Responsibility Reconsideration of CUP 2000-0022 /Monitoring San Anselmo Commercial Tourist Project PS: Planning Services BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney FO: Final Occupancy added to the front planter area. 7. The median shall be a minimum of 2'6" wide and FO PS shall have a cobblestone center. s. All fascia trim shall be added to the buildings in FO PS accordance with the Exhibits and Conditions of CUP 2000-0022. 9. The split rail and wood fences along the western BP PS property edge shall be removed and replaced with a 3 -foot high architectural hi -quality, decorative fence, to be reviewed and approved by staff prior to installation. 10. The wall pack security lighting on the car wash BP PS structure shall be removed and replaced with the approved decorative gooseneck lights or the wall pac lighting shall be relocated within each car wash stall in a position within and above the fascia level. Final locations of lighting shall be reviewed and approved by staff prior to installation. All exposed wall lighting shall be shielded. 11. The blowers on the drive through car wash FO PS building shall be baffled and screened from view or replaced with an integral unit in order to substantially reduce noise emission. 12. The top and sides of the existing monument sign FO PS shall be enclosed with decorative masonry material that matches or compliments the car wash structure. 13. Two 15 -gallon London Plane trees shall be FO PS planted between the sidewalk and the parking area that fronts on San Anselmo Road. 14. The raised curb shall be constructed along the FO PS rear line of the parking area behind the retail Conditions of Approval Timing Responsibility Reconsideration of CUP 2000-0022 /Monitoring San Anselmo Commercial Tourist Project PS: Planning Services BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney FO: Final Occupancy buildings and the carwash. All gravel shall be removed from outside the raised curb, drip irrigation shall be installed and mulch shall be added under the drip lines of all native trees in the area. 15. The concrete sidewall between the public FO PS sidewalk and the ground mounted air conditioning unit adjacent to each retail building shall be removed. Infill shall be placed in the removal area with mulch and matching landscape shrubs. 16. Commercial grade bicycle racks shall be installed FO PS adjacent to the retail buildings. There shall be one bicycle parking space for each ten vehicle parking spaces. 17. The parking area shall be stripped to identify all FO PS parking spaces and drive aisles. 18. A minimum of 5 native oak trees shall be planted FO PS along the base of the slope along the rear of the lots. Public Works Conditions 19. A median shall be installed in San Anselmo BP BS Road, in accordance with Exhibit D and Condition of Approval 7 above. EXHIBIT B: Site Plan IQIU5 `10ilk Median Location }tr , 'f gC!gg 9�"'+e�'Y i�c Al�d°I I' ll� I , iE�tB j°e 9I�f 5� °°•° f zl r" X111!(1► �p I!", Ip 1111 i ! II� z I�� (�'� I i�F• 4g' selgl�� °� 1° ' t li�� g:!!� !r oil � �Ipp,T g;�� !(I��ey iiif•' !I ij .!° �'�3e� ; �i3:Ir(: !+lotl C� a A !' }(" � •Il ° �g;E�� E�€ "� t� i ��I 6�•' SY�� I�yrE !A9 f� e� tggAeiie 5� 9s45t �y €i�' g A @� � � � l4� i,'�� 2F�� Pic !�F (�i �� vc irA New Coastal Live Oak Location EXHIBIT C: Example of New Roof and Shade Structure Plan Drawing i IProposed Shade Structure Plan Drawing I CowCgEM TILE 10 WATC-�i CAOZ VVA-5�t 54-P6- UNVER MF-TAL a-," PAECTAL FACIA TO 5ILVIEp- /WtrMe P0,WT OL-ACr- MASH CAiZ WASR marc kt Cane WAS 13LVG- EXHIBIT D: Street Improvements—Median Curb z w a 0 0 z 8 t�ljell rn $ La II ! F31ipt�,�A '-.I F,1 lq 11111 II � e l l 11 ii 1 15 •g a j I aa SYi L �Q6 to il�r[1 m I � 1.3 I3 � I I I Imo, 1I71 E Q '�, s 111 tc; •. 1 • 9 il7ll j ll,ll . I I Hl� / < 22 a �• W I II�@°y g.l ! f i {ia Ertl Pix? ° (r!� t PIF h{u• ij �i 1t i6:E E� 7 t� 4 �� ii.9�y.7 ilE; (i t y i 7 9 Ity t I r Ee ! li'i!7 `rl I7fE 7 'fill �E �{l�i S . ��° 1�• E! E' 1 � il� E p �i•EI f E jI{' 1 E" itj P { :_ • i� :E ilr Alin P1 fJyl7t I Pa 7 ttlI all {� IE EEe'I 1 p t! �•� /�i �� F 1r.1�Ei `i,l� q 1� {. E fill lii'I P II. Ei P7 ��g' gq� { 5l' t q E E �g¢=E1�14 IEi�� L {.y i {til { !� ° I� ili7 fIL{ ,y177ry ij II E y ii l7 all {u it ,C 1'11.1•jE Ill" {! ill,;, .11{ jt� if 7 lE PI' fiQ�E• r irI r°' It' I{510 y:lti �I I ill,;, li lE {i Pla�� !Ii pE� itE{ i,. pPpII t l.E! �l P lPle �tl (,E`•9' iE�6�� E� I I��E,{ t ° 1` {io! Iypt p{y� �jj( �Ejr,•e5e l till y�Qjj{i `i1 if!,l �{ l EPr� �r�!• I •t',l 7.�ti1 y1E i�19 �.� ifil� ILII 1 �E�l�! y�lErF lt� f��77�E /y�7tl 7�I yl' y NEI i I! i� IiE !�� 17 loii c y TO BE CONTINUTED ITEM NUMBER DATE: 10-18-05 TENTATIVE PARCEL MAP 2005-0072,5155 ESCARPA AVE. Applicant: Barak Miles, 5255 Traffic Way, Ste. 104, Atascadero, CA 93422 Owners: Jeff Hansen, P O Box 1710, Atascadero, CA 93423 Barak Miles, 5255 Traffic Way, Ste. 104, Atascadero CA 93422 Project Title: Tentative Parcel Map 2005-0072 Project 5155 Escarpa Ave., Atascadero, CA 93422 Location: (San Luis Obispo County) APN 029-161-008 Project A proposed subdivision of an existing 3.37 gross acre lot into three individual parcels of 1.0 1, 1. 15, and 1.21 Description: gross acres. The site is currently contains a single-family residence that will remain on proposed parcel 1. The parcels consist of moderate to steep slopes and contain native trees and vegetation. Onsite septic will serve the property and water is available from Atascadero Mutual Water Company. General Plan Designation: Single Family Residential (SFR -Y) Zoning District: Residential Single Family (RSF-Y) 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, Community Determination: Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2005-0072 5155 Escarpa\TO BE CONTINUED.doc ITEM NUMBER: 7 DATE: 1 n-1 s -ns Atascadero Planning Commission Staff Report - Community Development Department Ensenada Avenue PD -7 ZCH 2003-0044 / CUP 2003-0093 / TPM 2003-0039 (Jackson) RECOMMENDATIONS: The Planning Commission can take the following actions to approve the project: 1. Adopt Resolution PC 2005-0083 recommending that the City Council certify Proposed Mitigated Negative Declaration 2005-0051; and, 2. Adopt Resolution PC 2005-0084 recommending that the City Council introduce an ordinance for first reading by title only, to approve Zone Change 2003-0044 based on findings; and, 3. Adopt Resolution PC 2005-0085 recommending that the City Council approve Conditional Use Permit 2003-0093 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Adopt Resolution PC 2005-0086 recommending that the City Council approve Vesting Parcel Tract Map 2003-0039 based on findings and subject to Conditions of Approval and Mitigation Monitoring. REPORT -IN -BRIEF: The proposed project consists of a Zone Map Amendment to establish a PD -7 Overlay Zone over the subject site with a corresponding Master Plan of Development (CUP) and vesting Tentative Parcel Map that would allow a 4 -unit single-family residential planned development. ITEM NUMBER: 7 DATE: 10-18-05 DISCUSSION: Situation and Facts: 1. Applicant / Representative: Michael Jackson. 5502 Ensenada Ave Atascadero, CA 93422 2. Project Address: 5502 Ensenada Ave (APN 028-361-014) (San Luis Obispo County). 3. General Plan Designation: MDR (Medium Density Residential) 4. Zoning District: RMF -10 (Residential Multi -family - 10) 5. Site Area: 0.66 acres 6. Existing Use: single-family residence 7. Environmental Status: Proposed Mitigated Negative Declaration 2005-0051 Background Surrounding Land Use and Setting: North: Residential Multi -Family South: Residential Multi -Family East: Residential Multi -Family West: Residential Single Family ITEM NUMBER: 7 DATE: 1 n-1 R -ns The project site is within the Medium Density Residential General Plan land use designation and is zoned Residential Multi -family -10, which allows for a maximum density of 10 units per acre. The properties along Ensenada Ave currently consist of existing single-family residences. The proposed project has been the subject of some controversy regarding processing time. The below timeline is provided with the dates of application and staff's response. Staff notes that each set of staff corrections have been focused on PD -7 appearance review standards, and drainage design issues with the City Engineer. Review Process Timeline 2-26-2003 - Project submitted 4-3-2003 - Corrections released 6-29-2004 - Notice of intent to withdraw sent 12-2-2004 - Project resubmitted 12-22-2004 - Corrections released 4-7-2005 - Project resubmitted 4-29-2005 - Corrections released ANALYSIS: As a Planned Development, the Planning Commission must find that the project provides high quality architectural, landscape, and site design to warrant the granting of special development standards. Three new single-family homes are proposed on site, with the existing residence to remain. The homes are 1,175 square -feet with an attached 522 square -foot two car garage. The existing home includes construction of a 560 square foot recreational vehicle garage. The project takes access off of Ensenada Avenue. ITEM NUMBER: 7 DATE: 1 n-1 s -ns Appearance Review Site Plan. Circulation. and Parkin The project includes points of access off of Ensenada Ave. The existing home will be primarily served by the existing driveway location. The proposed recreational vehicle garage to the existing unit will be access off of the shared driveway. The three proposed units will access off of the proposed shared driveway. Each unit has a two car garage and provides one additional parking space on each lot. Staff has conditioned that the applicant provide full frontage improvements along Ensenada Ave (Condition CUP 26 / TTM 20). During the period of review for this project, the standards for driveway width were modified by the Fire Department to require a 20 -foot wide access driveway for all PD -7 projects. As such, the project does not currently meet the PD -7 side setback standard on lot 4. According to the applicant, the project should not be re -designed to accommodate this newer requirement. Staff has conditioned that the walkway to the unit be integrated into the driveway to provide the required width and that the walkway be constructed of decorative paving material. This will result in reduced landscaeping and setback between the entry driveway and Unit 4. If the Planning Commission chooses to recommend approval of the project, a special finding is included that due to modified Fire Department standards during the review period, the project qualifies for a waiver of the PD -7 site development setback standards. Architecture, Materials, and Color Each round of staff corrections to the applicant have included a request to provide upgraded architecture to justify the subdivision as a planned development. To date, the project has been designed in an ordinary suburban style. The applicant is proposing to construct three new residences that include stucco siding and veneer on the front of the units. :=G.1. n PRONT EL"A770N u l lnit 1 ITEM NUMBER: 7 DATE: 1 n-1 s -ns rfiV1111 CLCYAIIVIY :.or1 El Unit r-'� FRONT ELEVATION FRONT ELEVATION ,m� - l Jnit 4 Unit On June 1, 2004, the City Council adopted a Planned Development policy that included standards for high quality architecture and landscape design. Subsequent Planned Development projects have met this standard by providing varied architecture, a variety of siding materials, colony style architectural elements, and enhanced entry features oriented to the main street frontage. Staff has the following concerns regarding the proposed architecture that makes it both ordinary and suburban as it relates to the adopted City Council Policy. 1. Repetitive Architecture Staff Comment: All of units proposed are the same floor plan with different color schemes. The proposed residences lack building material and fagade variety both individually and collectively. The units are designed with minimal articulation along each fagade. Sam n -I Ing - FRONT ELEVATION ,m� - l Jnit 4 Unit On June 1, 2004, the City Council adopted a Planned Development policy that included standards for high quality architecture and landscape design. Subsequent Planned Development projects have met this standard by providing varied architecture, a variety of siding materials, colony style architectural elements, and enhanced entry features oriented to the main street frontage. Staff has the following concerns regarding the proposed architecture that makes it both ordinary and suburban as it relates to the adopted City Council Policy. 1. Repetitive Architecture Staff Comment: All of units proposed are the same floor plan with different color schemes. The proposed residences lack building material and fagade variety both individually and collectively. The units are designed with minimal articulation along each fagade. ITEM NUMBER: 7 DATE: 1 n-1 s -ns 2. Lack of Character Defining Elements Staff Comment: The proposed architecture does not incorporate elements such as upgraded windows, varied roof forms, emphasized porches, and traditional colony style elements such as dormers, bracketed eaves, and paired window styles as seen on previous Planned Development Projects. The proposed porches lack definition in terms of roof articulation and change. Atascadero Creek The proposed project is located adjacent to Atascadero Creek and the associated Creek Reservation. The General Plan requires a 35 -foot setback for all structures from the creek reservation line. Encroachment into this setback area may be approved by the Planning Commission based on the following factors: ■ A soils survey finds that the existing and future creek conditions and locations will not be detrimental to the project as proposed, and ■ A biologist survey finds that encroachment into the required setback area will not negatively affect any established riparian habitat. According to the project biologist, the proposed project will not negatively affect the adjacent creek habitat area. A soils report was prepared by Buena Geotechnical Services which concluded that the stability of the creek bank will not be negatively impacted b the proposed development. Landscape Design The preliminary landscape plan has been designed to meet the minimum requirements of the Atascadero Municipal code. Several large oak trees will be retained on-site. Native trees and shrubs are proposed throughout the front yard areas and all common areas. Native Tree Mitiaation/Preservation A tree removal application for 3 native trees is included with the proposed development, 2 of which are in excess of 24" dbh. A condition of approval has been included requiring that the applicant pay mitigation fees into the Tree Replacement Fund or provide equivalent re -plantings on site, as required by the Atascadero Native Tree Ordinance and as shown in the following chart (Condition CUP 19). ITEM NUMBER: 7 DATE: 1 n-1 R-ni; Evergreen Native Trees (inches) Deciduous Native Trees (inches) F Totals dbh notes dbh notes 1 24 -inches 1 16 -inches 2 2 36 -inches 3 3 4 4 5 5 6 6 Total 24 -inches Total 52 -inches 76 -inches Mitigation Requirement req'd tree replacements: 8 five gal trees req'd tree replacements: 35 five gal trees 43 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees (24") 0 box trees (24") 0 box trees (24") Remaining Mitigation 8 five gal trees Remaining Mitigation 35 five gal treesI 43 five gal trees Tree Fund Payment: $ 400.00 Tree Fund Payment: $ 1,733.33 $ 2,133.33 Site Drainage The site drains into Atascadero Creek. All increases in run-off will be filtered and detained on-site before metering flow into the adjacent creek. Sanitary sewer will be connected to existing sewer facilities in Ensenada Ave. Fiscal Impact The following conditions of approval are included to mitigate the fiscal impacts of the project on the City of Atascadero. Condition CUP 16/TTM 8 • The emergency services and facility maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. a) All Atascadero Police Department service costs to the project. b) All Atascadero Fire Department service costs to the project. ITEM NUMBER: DATE: 10-18-05 c) Off-site common City of Atascadero park facilities maintenance service costs related to the project. Condition CUP 17/TTM 9 All tract maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. b) All parks, trails, recreational facilities and like facilities. c) All open space and native tree preservation areas. d) All drainage facilities and detention basins. e) All creeks, flood plains, floodways, wetlands, and riparian habitat areas. f) All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. g) All frontage landscaping and sidewalks along arterial streets. Inclusionary and Workforce Housing The City Council has implemented an interim Inclusionary Affordable Housing Program to include a fixed percentage of units within residential developments that require a legislative approval to be reserved as deed restricted affordable units. This interim program requires that the proposed project provide a minimum of 1 affordable unit deed restricted at the moderate income rate or that an in -lieu fee be paid based on the construction valuation of all 4 units within the project. A condition of approval has been added to ensure that this requirement is met (Condition CUP 12/13 TTM 11/12). Project Benefits One of the project mu modification required findings for approval st "offer certain redeeming of a planned development rezone is that the the requested on Planned mmission must Development features to compensate for 11The table shown below outlines the Council policy Development benefits. In order to approve this project, the Planning Co find that the project offers all of the tier 1 benefits to qualify for a Planned project. ITEM NUMBER: 7 DATE: 1 n-1 R -n5 PD Location Tier 1 Benefits Tier 2 Benefits Inside of Urban Core a) Affordable / Workforce Housing a) Pocket Parks in larger projects b) High Quality Architectural Design b) Trails / Walkways for Pedestrian Custom PD's c) High Quality Landscape Design Connectivity d) Buffering between Urban and c) Historic Preservation Suburban zones (large lot sizes, increased setbacks, landscape buffers, etc.) e) Higher density to meet Housing Element goals Tentative Tract Map A 4 -lot Vesting Tentative Parcel Map (TPM 2003-0039) is proposed as part of the project consistent with the proposed Master Plan of Development. The Parcel Map has been conditioned by staff and the City Engineer to meet all City standards including on - and off-site street improvements. If approved, the applicant will be required to record CC&R's with the map that will include maintenance and access of common areas (Condition CUP 18/TTM 10). General Plan Consistency The proposed project is consistent with the following General Plan Land Use and Housing Element Policies: Land Use Policy 1.1: "Preserve the rural atmosphere of the community and assure "elbow room" in areas designed for lower density development by guiding new development into the Urban Core to conform to the historic Colony land use patterns of the City and to respect the natural environment, hillside area and existing neighborhoods". Land Use Program 1.1.7: "Within the Urban Core encourage infill development or revitalization or reuse of land already committed to urban development where utilities and public services exist. The proposed project is consistent with above mentioned goals and policies of the Land Use Element. Findings Planned Development Overlay ITEM NUMBER: 7 DATE: 1 n-1 R-05 As specified in the City's General Plan and Zoning Ordinance, the following specific findings for the proposed Zone Change shall be made in order to approve the proposed project: 1. The proposed Zone Change is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. 2. The proposed Zone Change is compatible with existing development, neighborhoods and the environment. 3. The proposed Zone Change will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 4. The proposed Zone Change is consistent with the project -specific Mitigated Negative Declaration. 5. The project offers certain redeeming features to support the request for the modification of development standards. Conditional Use Permit (Master Plan of DeveloDment A Master Plan of Development is required for the Planned Development in the form of a Conditional Use Permit. The proposed Master Plan of Development sets development standards related to architectural design, site design, landscape, and specific development standards required by the zoning ordinance. The Planning Commission must make the following five findings to recommend approval of the proposed Master Plan of Development: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the Planned Development Ordinance. 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. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly 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. ITEM NUMBER: 7 DATE: 1 n-1 s -ns Tree Removals 1. The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: ■ Early consultation with the City; ■ Consideration of practical design alternatives; ■ Provision of cost comparisons (from applicant) for practical design alternatives; ■ If saving tree eliminates all reasonable uses of the property; or ■ If saving the tree requires the removal of more desirable trees. Proposed Environmental Determination A Draft Mitigated Negative Declaration was circulated to public agencies and interested members of the public on September 29, 2005. The environmental analysis identified concerns regarding potential impacts to aesthetics, land use and planning, noise, and biological resources. Mitigation measures pertaining to these resources are included. A finding is proposed that this project would not have a significant effect on the environment based upon the implementation of the identified mitigation measures. Conclusion The proposed project is a four unit single-family planned development within the multi- family zone. The zoning district allows for PD -7 developments if all the required standards can be met and if a finding can be made that the project offers redeeming features such as high quality architecture and landscape design to support modification of the multi -family development standards. ALTERNATIVES 1. The Commission may recommend modifications to the project and/or conditions of approval for the project to the City council. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may recommend the City Council deny the project. The parcel would retain its designation of Residential Multi -family. The Commission should ITEM NUMBER: 7 DATE: 1 n-1 st-nr% specify the reasons for denial of the project and recommend an associated finding with such action. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1: Location, General Plan, and Zoning Map Attachment 2: Proposed Mitigated Negative Declaration and Initial Study Attachment 3: Draft Resolution 2005-0083 Attachment 4: Draft Resolution 2005-0084 Attachment 5: Draft Resolution 2005-0085 Attachment 6: Draft Resolution 2005-0086 ITEM NUMBER: DATE: 10-18-05 Attachment 1: Location Map, General Plan and Zoning Project Site Atascadero Creek Existing: General Plan Designation: Medium Density residential Zoning: Residential Multi -Family — 10 Proposed: General Plan Designation: Medium Density residential Zoning: Residential Multi-Family-10/PD-7 ITEM NUMBER DATE: 10-18-05 Attachment 2: Proposed Mitigated Negative Declaration and Initial Study See Following ITEM NUMBER: 7 DATE: 1 n-1 R -n5 ATTACHMENT 3: Draft Resolution PC 2005-0083 Approval of Draft Mitigated Negative Declaration RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL CERTIFY PROPOSED MITIGATED NEGATIVE DECLARATION 2005-0051 PREPARED FOR ZONE CHANGE 2003-0044, TENTATIVE PARCEL MAP 2003-0039 AND CONDITIONAL USE PERMIT 2003-0093 ON APN 028-361-014 (Jackson) WHEREAS, an application has been received from Michael Jackson (5502 Ensenada Ave, Atascadero, CA 93422) Applicant and Property Owner, to consider a project consisting of a Zone Change from RMF -10 (Residential Multi -family - 10) to RMF-10/PD-7 (Residential Multi - Family -10 with Planned Development Overlay #7) with corresponding Master Plan of Development and Vesting Tentative Parcel Map on a 0.66 -acre site located at 5502 Ensenada Ave (APN 028-361-014); and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2005-0051 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on October 18, 2005 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, WHEREAS, the Planning Commission has determined that the project will have no significant impacts with project specific mitigation measures incorporated; and, NOW THEREFORE, the Planning Commission of the City of Atascadero, hereby resolves to recommend that the City Council certify Proposed Mitigated Negative Declaration 2005-0051 based on the following Findings, and as shown in Exhibit A: 1. The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, 2. The Proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, ITEM NUMBER: 7 DATE: i n_i a_nr% 3. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project; and, 4. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, 5. The project does not have impacts which are individually limited, but cumulatively considerable; and, 6. The project will not cause substantial adverse effects on human beings either directly or indirectly; and, BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER DATE: 10-18-05 Exhibit A Proposed Mitigated Negative Declaration 2005-0051 See Following ITEM NUMBER: 7 DATE: 1 n-1 R-05 ATTACHMENT 4: Draft Resolution PC 2005-0084 Approval of Proposed Zoning Map Change RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2003-0044, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 028-361-014 FROM RMF -10 (RESIDENTIAL MULTI -FAMILY —10) TO RMF-10/PD-7 (RESIDENTIAL MULTI -FAMILY —10/PLANNED DEVELOPMENT OVERLAY #7) (Jackson) WHEREAS, an application has been received from Michael Jackson (5502 Ensenada Ave, Atascadero, CA 93422) Applicant and Property Owner, to consider a project consisting of a Zone Change from RMF -10 (Residential Multi -family - 10) to RMF-10/PD-7 (Residential Multi - Family -10 with Planned Development Overlay #7) with corresponding Master Plan of Development and Vesting Tentative Parcel Map on a 0.66 -acre site located at 5502 Ensenada Ave (APN 028-361-014); and, WHEREAS, the site's General Plan Designation is MDR (Medium Density Residential); and, WHEREAS, the site's current zoning district is RMF -10 (Residential Multi -family -10); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0051 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Official Zoning Map to protect the health, safety, and welfare of its citizens by applying orderly development of the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which ITEM NUMBER: 7 DATE: 1 n_7 S_n5 hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on October 18, 2005, studied and considered Zone Change 2003-0044, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of Atascadero Changing the existing site zoning to RMF-10/PD7. The Planning Commission finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 4. The proposed project offers certain redeeming features to compensate for the requested zone change. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on October 18, 2005, resolved to recommend that the City Council introduce for first reading by title only, an ordinance that would rezone the subject site consistent with the following: 1. Exhibit A: Location Map 2. Exhibit B: Zone Map Amendment Diagram ITEM NUMBER: 7 DATE: 10-18-05 BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: 7 DATE: 1 n_1 sa_ni; Exhibit B: Zone Map Amendment Diagram Existing: General Plan Designation: Medium Density residential Zoning: Residential Multi -Family — 10 Proposed: General Plan Designation: Medium Density residential Zoning: Residential Multi-Family-10/PD-7 ATTACHMENT 5: Draft Resolution PC 2005-0085 Approval of Proposed Master Plan of Development DRAFT RESOLUTION PC 2005-0085 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2003-0093 (MASTER PLAN OF DEVELOPEMNT) ON APN 028-361-014 (Jackson) WHEREAS, an application has been received from Michael Jackson (5502 Ensenada Ave, Atascadero, CA 93422) Applicant and Property Owner, to consider a project consisting of a Zone Change from RMF -10 (Residential Multi -family - 10) to RMF-10/PD-7 (Residential Multi - Family -10 with Planned Development Overlay #7) with corresponding Master Plan of Development and Vesting Tentative Parcel Map on a 0.66 -acre site located at 5502 Ensenada Ave (APN 028-361-014); and, WHEREAS, the site's General Plan Designation is MDR (Medium Density Residential); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from RMF -10 (Residential Multi -Family -10) to RMF-10/PD-7 (Residential Multi- Family-10/Planned Development Overlay #7); and, WHEREAS, the PD -7 requires the adoption of a Master Plan of Development, approved in the form of a Conditional Use Permit; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0051 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on October 18, 2005, studied and considered the Conditional Use Permit 2003-0093 (Master Plan of Development), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of Creek Setback Encroachment. The Planning Commission finds as follows: 1. Encroachment into the required 35 -foot setback will not be detrimental to the adjacent riparian corridor nor will the proposed structures be negatively affected by the current and/or future creek conditions based on the provided biologist survey. 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 provisions of the PD -7 Overlay Zone; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 6. The Master Plan of Development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area; and 7. Benefits derived from the Master Plan of Development and PD -25 overlay zone cannot be reasonably achieved through existing development standards or processing requirements; and, 8. The side setback for unit 4 is reduced to 5 -feet due to modifications in the fire standards during the project review period. SECTION 3. Findings for Approval of Tree Removal. The Planning Commission finds as follows: 1. The trees are obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: ■ Early consultation with the City; ■ Consideration of practical design alternatives; ■ Provision of cost comparisons (from applicant) for practical design alternatives; ■ If saving tree eliminates all reasonable uses of the property; or ■ If saving the tree requires the removal of more desirable trees. SECTION 4. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on October 18, 2005, resolved to recommend that the City Council approve Conditional Use Permit 2003-0093 (Master Plan of Development) and Tree Removal Permit subject to the following: EXHIBIT A: Conditions of approval / Mitigation Monitoring Program EXHIBIT B: Master Plan of Development EXHIBIT C: Landscape Plan EXHIBIT D: Unit 1 EXHIBIT E: Unit 2 EXHIBIT F: Unit 3 EXHIBIT G: Unit 4 EXHIBIT H: Biologist Letter EXHIBIT I: Color and Materials Unit 1 EXHIBIT J: Color and Materials Unit 2 EXHIBIT K: Color and Materials Unit 3 EXHIBIT L: Color and Materials Unit 4 EXHIBIT M: Arborist Report BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program PD -7 Master Plan of Development (CUP 2003-0093) Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring Ensenada Ave PD -7 BL: Business License PS: Planning Services BS: Building Services PD -7 Master Plan of Development GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department FI: Final Inspection TO: Temporary CE: City Engineer Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy Planning Services 1. The approval of this zone change and use permit shall become final and FM PS effective following City Council approval. 2. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2003-0044 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority to 13P/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. Any other changes to the Master Plan of Development shall be subject to City Council approval. 4. Approval of this Conditional Use Permit shall be valid for twelve (12) months BP / FM PS after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 5. The applicant shall defend, indemnify, and hold harmless the City of Ongoing PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision 6. All subsequent Tentative Map and construction permits shall be consistent BP/FM PS, CE with the Master Plan of Development contained herein. 7. All exterior elevations, finish materials and colors shall be consistent with the BP PS Master Plan of Development as shown in EXHIBIT D through E and I through L. 8. All site work, grading, and site improvements shall be consistent with the BP/FM PS, BS, CE Master Plan of Development as shown in EXHIBIT B with the following modifications: ■ Full frontage improvements shall be provided along Ensenada Ave. ■ The shared driveway shall be 20 -feet paved. The four feet closest to unit 4 Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring Ensenada Ave PD -7 BL: Business License PS: Planning Services BS: Building Services PD -7 Master Plan of Development GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department FI: Final Inspection TO: Temporary CE: City Engineer Occupancy WW; Wastewater CA: City Attorney FO: Final Occupancy shall be paved in a decorative material and shall serve as a walkway for unit 4. 9. All project fencing shall be installed consistent with EXHIBIT C subject to the GP/BP PS following modifications: ■ No fencing over 6 -feet shall be permitted within the front setback. All fencing 6 -feet in height shall be set back from the unit facades. ■ All fencing shall be recessed from the fagade of the units along all street and parking court frontages. 10. A final landscape and irrigation plan shall be approved prior to the issuance of building permits and included as part of site improvement plan consistent with EXHIBIT C. 11. The developer and/or subsequent owner shall assume responsibility for the continued maintenance of all landscape and common areas, consistent with EXHIBIT C. 12. Affordable Housing Requirement: The applicant shall deed restrict a GP/BP PS, CA minimum of 1 residential unit for 30 years at a moderate income rate or shall pay an in -lieu fee based on 5% of the construction valuation of all 4 units within the development, prior to or concurrently with the final map. 13. Workforce Housing: Prior to recordation of final map, the applicant shall BP PS, CA enter into a legal agreement with the City to reserve 1/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved; and The City Attorney shall approve the final form of the agreement. 14. A Tree Protection Plan shall be submitted with subsequent building permits GP/BP PS for encroachment within the drip line of native trees located on the subject parcel and any adjacent properties. The applicant will contract with a certified arborist to monitor all activity within the drip lines of existing native oak trees. Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring Ensenada Ave PD -7 BL: Business License PS: Planning Services BS: Building Services PD -7 Master Plan of Development GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department FI: Final Inspection TO: Temporary CE: City Engineer Occupancy WW; Wastewater CA: City Attorney FO: Final Occupancy 15. An address marker to include address for all units shall be located at the GP/BP PS public street access point. The address marker shall be compatible with the project architecture. 16. The emergency services and facility maintenance costs listed below shall BP PS be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 17. All tract maintenance costs listed below shall be 100% funded by the project BP PS in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. b) All parks, trails, recreational facilities and like facilities. c) All open space and native tree preservation areas. d) All drainage facilities and detention basins. e) All creeks, flood plains, floodways, wetlands, and riparian habitat areas. f) All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring Ensenada Ave PD -7 BL: Business License PS: Planning Services BS: Building Services PD -7 Master Plan of Development GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department FI: Final Inspection TO: Temporary CE: City Engineer Occupancy WW; Wastewater CA: City Attorney FO: Final Occupancy g) All frontage landscaping and sidewalks along arterial streets 18. Prior to final map, the applicant shall submit CC&Rs for review and approval BP PS, BS by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping in perpetuity. b) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. c) Residents shall keep all trash receptacles within the unit's designated trash storage area. d) Garages shall be maintained and used for vehicle parking. e) No boats, RV's or other type of recreation vehicle may occupy a guest or resident parking space, excepting the RV garage added to unit 1. f) A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. 19. Approval of this permit shall include the removal of 3 Native Trees. The BP PS, BS applicant shall be required to pay mitigation fees or provide replantings on- site per the requirements of the Atascadero Native Tree Ordinance. Any additional removals shall be subject to Planning Commission approval. City Engineer Conditions 20. These conditions of approval are based on Vesting Tentative Parcel Map AT 04-0549 submittal by Vaughan Surveys, Inc Sheets 1 thru 3. When there is a conflict between these conditions and the submitted drawings, the conditions of approval shall govern PROJECT SPECIFIC CONDITIONS Drainage: 21. Provide for the detention of the 50 year developed storm runoff, while BP, GP CE metering out the 2 year undeveloped storm runoff. The roofs of the houses and hard surfaces shall drain directly into the basins. Drainage basins shall be designed to desilt, detain and meter storm flows as well as release them to natural runoff locations. Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring Ensenada Ave PD-7 BL: Business License PS: Planning Services BS: Building Services PD-7 Master Plan of Development GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department FI: Final Inspection TO: Temporary CE: City Engineer Occupancy WW; Wastewater CA: City Attorney FO: Final Occupancy 22. Concentrated drainage from off-site areas shall be conveyed across the BP, GP CE project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement cannot be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. 23. Applicant shall submit erosion control plans and a Storm Water Pollution BP, GP CE Prevention Plan (SWPPP). The Regional Water Quality Control Board shall approve the SWPPP. 24. All requirements of Section 5 "Storm Drainage" of the Engineering BP, GP CE Department standard specifications and drawings will be met. 25. Obtain approval by the City Engineer of the grading & drainage plan and BP, GP CE the storm drain design & facilities. Public Improvements and Maintenance: 26. Construct new concrete curb, gutter and sidewalk per City Engineering FM CE Standards #418 and 419 along the entire property frontage. Back of sidewalk to be at property line. Sidewalk to provide a 4 foot clear path of travel. Utility poles to be 18 inches clear from face of curb or 1 foot clear behind sidewalk. Decomposed granite horse trail will not be allowed. Saw cut existing asphalt and pave to new gutter lip. The road cross fall shall be 2% unless approved different by City Engineer. In no case shall cross fall be less than 1 % nor greater than 5%. Driveway approaches for the two driveways to be per City Engineering Standard #423. Public Improvement plans to be stamped by a Registered Civil Engineer. SANITARY SEWER CONDITIONS 27. Collection sites for solid waste and turn around for solid waste collection BP, GP WW vehicles will be approved by Atascadero Waste Alternative. WASTEWATER Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring Ensenada Ave PD -7 BL: Business License PS: Planning Services BS: Building Services PD -7 Master Plan of Development GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department FI: Final Inspection TO: Temporary CE: City Engineer Occupancy WW; Wastewater CA: City Attorney FO: Final Occupancy 28. The new sewer manhole will be placed in the center of Capistrano Ave and the projection of the center of Ensenada Ave. The sewer main from the end of the existing main to this manhole will be in a public sewer easement, be 8 inches in diameter and have a slope as flat as possible. This public sewer main extension shall be designed and constructed to City Standards. The design of the system shall meet with the Public Works Department prior to deign to review the project and develop a clear understanding of the criteria. 29. Each house shall be served by a private 4 inch sewer lateral from the main to the house. The laterals may be installed in the same trench. 30. Applicant shall pay sewer Extension (Annexation), Connection and Reimbursement fees (if applicable) upon issuance of building permit. 31. Drainage piping serving fixtures which have flood level rims located below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve Fixtures above such elevation shall not discharge through the backwater valve. STANDARD CONDITIONS 32. All public improvements shall be constructed in conformance with the City of BP, GP CE Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 33. In the event that the applicant is allowed to bond for the public improvements FM CE required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 34. An engineer's estimate of probable cost shall be submitted for review and FM CE approval by the City Engineer to determine the amount of the bond. 35. The Subdivision Improvement Agreement shall record concurrently with the FM CE Final Map. 36. The applicant shall be responsible for the relocation and/or alteration of BP, GP CE existing utilities. 37. The applicant shall install all new utilities (water, gas, electric, cable TV and BP, GP CE telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 38. The applicant shall monument all property corners for construction control FM CE and shall promptly replace them if disturbed. Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring Ensenada Ave PD -7 BL: Business License PS: Planning Services BS: Building Services PD -7 Master Plan of Development GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department FI: Final Inspection TO: Temporary CE: City Engineer Occupancy WW; Wastewater CA: City Attorney FO: Final Occupancy 39. The applicant shall acquire title interest in any off-site land that may be FM CE required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 40. Slope easements shall be provided as needed to accommodate cut of fill FM CE slopes. 41. Drainage easements shall be provided as needed to accommodate both FM CE public and private drainage facilities. 42. The final map shall be signed by the City Engineer prior to the map being FM CE placed on the agenda for City Council acceptance. 43. Prior to recording the tract map, the applicant shall submit a map drawn in FM CE substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 44. Prior to recording the tract map, the applicant shall set monuments at all new FM CE property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 45. Prior to recording the tract map, the applicant shall pay all outstanding plan check/inspection fees. 46. Prior to recording the map, the applicant shall complete all improvements FM CE required by these conditions of approval 47. Prior to recording the tract map, the applicant shall have the map reviewed FM CE by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the map. 48. Upon recording the final map, the applicant shall provide the City with a black FM CE line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 49. Prior to the final inspection of any public improvements, the applicant shall FM CE submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring Ensenada Ave PD -7 BL: Business License PS: Planning Services BS: Building Services PD -7 Master Plan of Development GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department FI: Final Inspection TO: Temporary CE: City Engineer Occupancy WW; Wastewater CA: City Attorney FO: Final Occupancy 50. Prior to the final inspection, the applicant shall submit a written certification BP, GP CE from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 51. An encroachment permit shall be obtained prior to any work within City rights BP, GP CE of way. 52. Prior to the issuance of building permits the applicant shall submit a grading BP, GP CE and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. Atascadero Mutual Water Company 53. Before recordation of the final map, the applicant shall submit plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All 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. 54. Before the start of construction on the water system improvements, the applicant shall pay all installation and connection fees required by AMWC. 55. Before issuance of building permits, the applicant shall obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. 56. Separate water meters for domestic water service are required for each individual lot created within the subdivision. 57. 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. Mitigation Measures BP PS 1.d.1 Mitigation Measure 1.d.1: If exterior lighting is proposed, it shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 20 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the private street. Fixtures shall be shield cut-off type and compatible with historic setting, subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP BS 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Conditions of Approval / Mitigation Monitoring Program Ensenada Ave PD -7 PD -7 Master Plan of Development Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibili ty /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW; Wastewater CA: City Attorney Mitigation Measure Section 6.3: Construction Equipment • Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). • Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. • Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re - vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are plann4ed to be reworked at dates greater than one month after initial grading should be sown with a fast -germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. 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. Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring Ensenada Ave PD -7 BL: Business License PS: Planning Services BS: Building Services PD -7 Master Plan of Development GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department FI: Final Inspection TO: Temporary CE: City Engineer Occupancy WW; Wastewater CA: City Attorney FO: Final Occupancy J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.b.e.1: All recommendations of the soils report and biologist Gil PS, BS, CE 4.e.b.1 survey shall be implemented. Foundation design and overexcavation and re - compaction shall follow the recommendations of the soils report. Site drainage shall be designed to avoid concentration of flows into Atascadero Creek. Mitigation Measure 4.e.1: The building permit site plan shall identify all protection GP PS, BS, CE 4.e.1 and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan. Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. Mitigation Measure 4.e.2: The Precise Grading Plan shall identify tree protection GP PS, CE 4.e.2 fencing around the dripline of each existing on-site tree and/or native shrub mass within 20 feet of construction activity. Mitigation Measure 4.e.3: Grading and excavation and grading work shall be GP, BP PS, BS 4.e.3 consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within the area of work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 4.e.4: The developer shall contract with a certified arborist BP PS, BS 4.e.4 during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a). A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. Conditions of Approval / Mitigation Monitoring Program Ensenada Ave PD -7 PD -7 Master Plan of Development Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibili ty /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW; Wastewater CA: City Attorney Mitigation Measure (b). Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c). As specified by the arborist report and City staff: ■ Fencing: Must be a minimum of 4' high, chain link, and snow or safety fence, staked at the drip -line or line of encroachment for each tree or group of trees. Tree fencing shall be erected before demolition, grading, or construction begins and remains in place until final inspection of the project permit, except for work specifically required in the approved plans in which case the project arborist or Planning Staff must be consulted. ■ Soil Aeration Methods: Soils under drip -lines that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include water jetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with a 24" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist shall advise. ■ Chip Mulch: All areas within the drip -line of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction. ■ Trenching within the Drip -line: All trenching under drip -lines of native trees shall be hand dug, augured or bored. All major roots shall be avoided whenever possible. All exposed roots larger than 1" in diameter shall be 'clean cut with a sharp pruning tool and not left ragged. ■ Grading within drip -line: Grading should not encroach within the drip -line. If grading is necessary, construction of retaining walls or tree wells or other protection measures may be necessary to insure the survivability of the trees. Chip mulch 4-6" in depth may also be required in these areas. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. ■ Exposed Roots: Any exposed roots shall be recovered the same day they were exposed. ■ Paving within the Drip -line: Pervious surfacing is required within the dripline of any oak trees. ■ Compaction: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. ■ Existing Surfaces: The existing ground surface within the drip -line of all oak trees shall not be cut, filled, compacted or pared. Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring Ensenada Ave PD -7 BL: Business License PS: Planning Services BS: Building Services PD -7 Master Plan of Development GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department FI: Final Inspection TO: Temporary CE: City Engineer Occupancy WW; Wastewater CA: City Attorney FO: Final Occupancy ■ Construction materials and waste: No liquid or solid construction waste shall be dumped on the ground within the drip -line of any oak tree. ■ Arborist Monitoring: During construction an arborist shall be present when encroaching within the dripline of any Oak tree. (d). Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 6.b.1: The grading permit application plans shall include GP BS 6.b.1 erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.d.1: A soils report shall be required to be submitted with a GP PS, BS, CE 6.c.d.1 future building permit by the building department. Mitigation Measure 8.e.f.1: Should the disturbed area total one acre or greater, a GP PS,CE 8.e.f.1 Stormwater Pollution Prevention Plan (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. Should the area of disturbance total less than one acre in area, the applicant shall include methods of erosion control and temporary site runoff control, subject to the approval of the City Engineer. Mitigation Measure 8.e.f.2: The Building Permit application plans shall identify Best BP PS, CE 8.e.f.2 Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.Q: The developer is responsible for ensuring that all BP PS, BS 8.0.3 contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders Mitigation Measure 8.g.h.i.1: All structures will be required to be constructed BP PS/CE/BS 8.g.h.1.1 outside of the 100 -yr flood plane and will be required to meet building code requirements to ensure that all portions of the structures are outside of this area. Conditions of Approval / Mitigation Monitoring Program Ensenada Ave PD -7 PD -7 Master Plan of Development Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibili ty /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW; Wastewater CA: City Attorney Mitigation Measure Mitigation Measure 11.d: All construction activities shall comply with the City of BP, GP PS, BS 11.d Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. EXHIBIT B: Master Plan of Development/Grading Plan 20 -foot paved minimum • ant> npphvas�� O,aO��so�tl uo,loniasaa 00.^•. G �g. 2 lgil a BSc _ � � i� ]t 39 • ant> npphvas�� O,aO��so�tl uo,loniasaa 00.^•. G EXHIBIT C: Landscape Plan � 6� 'iAY YGYIBilO i0if Q lf►oo�soos Iqb t1Llf1 f IIW7gY1'�w � O ,---------- I� '7d 1 4CNYS y a a a o a. e z. 7_• e EXHIBIT D: Floor Plan / Elevations Unit 1 uWNnwwoo 11 � T 9(lb A13038 z 0 W J 9 i EXHIBIT E: Floor plans / Elevations Unit 2 aA99 Rdi II f Noe>vvr 3xw I�_ I �Ct1] 1 _, 1 I� I �4�' i l l i■j , ' ei�°��i I■� � � ! ■ Il�li;� ��i;E�ll rr ��'f 1, it ■ �_ � 1, I �� ' I � � I�_ I �Ct1] 1 EXHIBIT F: Elevations Unit 3 Nogx- 'r I W s z q � Y 1N3 WdOl3A3O .J -W nn WOO 5002 z T 9nd C13A \ 0 iE P i 1 � 1 fig 10.2HI { Q Lf � i., LINT,. EXHIBIT G: Floor Plan / Elevations Unit 4 "and b'aVNO9N4 LOSS _ N09>r-/Vr MA 3 Will I�IN.0 a il'�;'Xgryryyy `� yl��'INi�I • LI Vi, ilk �, sl'• �,� " ISI lMill i !9 ! �� I 99 � 1 •� f P,�� 1 jEjiYl �� I EXHIBIT H: Biologist Survey ARRA DELTA CORPORA AN 935 Riverside Avenue; Suite 21 Paso Robles, California 93446 (805)239-9293 Fax: (905) 239-9309 Email: siemdlt(a?tcsn.wt _ Robb Eidemiller June 6, 2003 A !ECS} ED President and CEO Ms. Kelly Davis JUN 1 0 2003 City of Atascadero 6500 Palma Avenue COMMUNITY DEVELOPMENT Atascadero, CA 93422 RE: Biological & Soil Stability Survey for 5502 Ensenada Avenue, Atascadero, San Luis Obispo Count, California, 93422. Dear Ms. Davis: Sierra Delta Corporation C'SDC") conducted a site investigation for the Subject Property located at 5502 Ensenada Avenue, Atascadero, California, on June 4, 2003. The Subject Property is located along the east bank of Atascadero Creek, within the City of Atascadero. SDC referenced Mr. Jacksons' development plans for the Subject Property and identified the areas of proposed development prior to the site reconnaissance. During the site investigation, the location of the creek and riparian areas were identified in relation to the proposed development. The City of Atascadero has a creek setback ordinance, Policy 8.2 of the General Plan, which establishes setbacks for development along creeks. This policy, which stated that a 20 foot creek setback shall be in effect along Atascadero Creek, was recently revised to incorporate a 35 foot creek setback measured from the creek reservation. The policy further states that exceptions can be made if the creek, riparian areas and site improvements will not be negatively impacted by the exception. Based on the site reconnaissance and the revieNN of the proposed development plans, SDC found the following: • The proposed development for the Subject Property located at 5--502 Ensenada Avenue, in the City of Atascadero, will not have a negative impact to the creek, riparian areas, or stability of the creek bank Current on-site structures (a portion of a house and a chain link fence) are located within 10 feet of the creek reservation. The new development plan proposes that all structures have at least a setback of 20 feet from the creek reservation. Due to this proposed setback and prior development on the Subject Properly, there should not be a negative impact to the creek, riparian areas or stability of the creek reservation. Should you have any questions or additional information requests, please contact the undersigned at 805.239.9293. Respectfully, &WWQQA DCCL •TA CWPOQA "ON Robb Eidemiller RlUdg cc: Mike Jackson — Your Future is Today... We Help Make it Happen! EXHIBIT I: Color and materials Unit 1 0 le *See project file for colors** w o � �5 v Z � �a A. � V J lu z 4 LL *See project file for colors** w �5 �a A. � N N *See project file for colors** EXHIBIT J: Color and Materials Unit 2 n U -5 �3 :S � kk E EXHIBIT K: Color and Materials Unit 3 0 e3 s v 75 v N � -Q S> a N NN c kN EXHIBIT L: Color and Materials Unit 4 a l� � v fl 4N T n� 'n ippry � EXHIBIT M: Arborist Report 0 0 802 PASO ROBLES STREET PASO ROBLES, CALIFORNIA 93446 805/239-1239 FAX 805/239-3742 ARBOR TR■E SURGERY February 11, 2003 Mike Jackson 5502 Ensenada Ave Atascadero, CA 93422 This Tree Protection Plan is in regards to the development on Parcel # APN 028-361-014 the comer of Ensenada Avenue and Capistrano Ave within the City of Atascadero CA. The overall site condition is good and it has several large heritage oak trees. Several Oak trees will be impacted by the construction activities, please see attached spreadsheet for specifics. The Plans drafted by R. Thompson Consulting were used to identify the trees for this project. I have signed the lower right corner of the plans to verify their use. To obtain a clear understanding of the tree protection measures, it is suggested that during all phases of construction the plans and the report be used to review the site with any and all personal that will be working on the project. In addition I would recommend that all management and supervisory personal sign the plans and the report to acknowledge the measures at hand. The following trees I through 11 have been identified as needing protection measures during construction. This construction site has one tree planned for removal. A corresponding number 1-11 has been noted on the plans as subject trees were identified in a clockwise manor starting from the northern most subject tree. The following Tree Protection standards shall be in place and practiced for trees 1-11 during all phases of construction and until the project is completed. 1. Fencing: Must be a minimum of 4' high, chain link, snow or safety fence, staked at the dripline or line of encroachment for each tree or group of trees, fence must be up before any construction or earth moving begins. For areas where this is not possible, aeration of the soil (after development is complete) shall be required. 2. Soil Aeration Methods: Soils under the driplines that has been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include water jetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with a 24' auger) and the application of moderate amounts of nitrogen fertilizer. Applicant's arborist shall advise. 3. Chip Mulch: All areas within the driplines of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the affects of soil compaction. EXHIBIT M: Arborist Report 0 FF4. Trenching Within The Dripline: All trenching under the driplines of native trees shall be hand -dug, augured or bored, and all major roots shall be avoided whenever possible. All exposed roots larger than 1" in diameter shall be `cut clean" with a sharp pruning tool and not ragged. 5. Grading Within The Dripline: Grading should not encroach within the dripline. If grading is necessary, construction of retaining walls or tree wells or other protection measures may be necessary to insure the survivability of the trees. Chip mulch, 4-6" in-depth may also be required in these areas. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a pounding condition and excavations should not leave the tree on a rapidly draining mound. 6. Exposed Roots: Any exposed roots shall be recovered the same day they were exposed. 7. Paving Within The Driplines: Pervious surfacing is preferred within the dripline of any oak trees. 8. Compaction: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. 9. Existing Surfaces: The existing ground surface within the dripline of all Oak trees shall not be cut, filled, compacted or pared. 10. Construction Materials and Waste: No liquid or solid excess or waste construction materials shall be dumped on the ground or into any area between the dripline of any Oak trees. 11. Arborist Monitoring: During construction an arborist shall be present when encroaching within the dripline of any Oak tree. Trees # 1-11 have moderate to high probability of root encroachment. 12. Pre -Construction Meeting: An on-site pre -construction meeting with the Arborist, Owner, Planning Staff, and the earth moving team shall be required for this project. Prior to final occupancy, a letter from the arborist shall be required verifying the health/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall verify that the arborist was on-site for all grading activity that encroached into the dripline of the native trees, and that all work in these areas was done to standards and methods set by the arborist. Please let me know if I may be of any future assistance to you for this project. Steven G. Alvarez �o Certified Arborist #WC -0511 EXHIBIT m:Arborist Report ■ L] L� B g§ § LL @2: \ \ \ \ \ \ % \ 2 ! 0 2 § » ! ! ! « 5 - - - - - - k OM k$ z z z z z z z z z z z § 5 0 0 0 0 0 00 00 00 u z z z z z z z z z z z E z k m m m m@ m z z z m z 2 § ƒ \ ƒ \ / \ 0z z z z z� o $ « S a- = I E ® _ � ± k = z z 2§ 0 2 0 0 § w 2 2 3 2 2 C z z z z}/ o 0 o e c\ u/ o 0 of z \ k $ $ $ J $ $ $ $ $ z « § % 2 2 0 0 0 G 2 2 2/ k �a Q R ) ) ) ) § ) / § \ / / '§ 2 y } } y ¥ } § ¥ / ; ; o� A 2 2$$; m$; m m § § »www » w w » m r �§ ±� ,gym C,4 e G= r G-»% 4 4 G � w» X» n m r •§ \ / \ \ \ \ \ \ \ \ \ \ U) ') -- n# g m I- co e L� B ATTACHMENT 6: Draft Resolution PC 2005-0086 Approval of Proposed Vesting Tentative Tract Map DRAFT RESOLUTION PC 2005-0086 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE VESTING TENTATIVE PARCEL MAP 2003-0039, A FOUR LOT SUBDIVISION CONSISTENT WITH A MASTER PLAN OF DEVELOPMENT ON APN 028-361-014 (Jackson) WHEREAS, an application has been received from Michael Jackson (5502 Ensenada Ave, Atascadero, CA 93422) Applicant and Property Owner, to consider a project consisting of a Zone Change from RMF -10 (Residential Multi -family - 10) to RMF-10/PD-7 (Residential Multi - Family -10 with Planned Development Overlay #7) with corresponding Master Plan of Development and Vesting Tentative Parcel Map on a 0.66 -acre site located at 5502 Ensenada Ave (APN 028-361-014); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from RMF -10 (Residential Multi -Family -10) to RMF-10/PD-7 (Residential Multi- Family-10/Planned Development Overlay #7); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0051 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Vesting Tentative Parcel Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on October 18, 2005, studied and considered Tentative Parcel Map 2003- 0039, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Approval for Vesting Tentative Parcel Map, the Planning Commission finds as follows: 1. The proposed subdivision, design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements, including provisions of the PD -7 overlay district. 2. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District #7 Master Plan of Development (CUP 2003-0093). 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. Covenants, Conditions and Restrictions (CC&R's) or equivalent shall be required that incorporate the Master Plan of Development conditions of approval to ensure that the site retains the proposed qualities (architecture, colors, materials, plan amenities, fencing, and landscaping) over time. 8. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on October 18, 2005, resolved to recommend that the City Council approve Vesting Tentative Parcel Map (TPM 2003-0039) subject to the following: 1. Exhibit A: Vesting Tentative Parcel Map 2003-0039 2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Vesting Tentative Tract Map o� aD •C i Creek Reservation I �d ! r Atosc°derO 9� Fix � $ `a x At \ / ✓/ / A, lit �0 1 \ co vh�� 0 N 1L 5L ® I�� Ensenada Ava. L I a 4 O \ � �a Ill !Ig �a ��3 Yug nY�S 151 Exhibit B: Conditions of Approval / Mitigation Monitoring Program Tentative Tract Map 2004-0055 Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring GP: Grading Permit Vintage Homes BP: Building Permit SIP: Subdivision PS: Planning Services BS: Building Services Vesting Tentative Tract Map Improvement Plans FM: Final Map FD: Fire Department PD: Police Department TTM 2004-0055 T0: Temporary occupancy CE: City Engineer FI: Final inspection WW: Wastewater CA: City Attorney FO: Final Occupancy AMWC: Water Comp. Planning Services 1. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2003-0044 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Parcel Map shall be valid for two years after its FM PS effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the authority to approve FM PS minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The granting of this entitlement shall apply to the property located at (APN 028- On going PS 361-014) regardless of owner. 5. The Final Map shall be drawn in substantial conformance with the approved FM PS tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 6. The subdivider shall defend, indemnify, and hold harmless the City of FM PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 7. The Tract Map shall be subject to additional fees for park or recreation FM PS purposes (QUIMBY Act) as required by City Ordinance. 8. The emergency services and facility maintenance costs listed below shall BP PS be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring GP: Grading Permit Vintage Homes BP: Building Permit SIP: Subdivision PS: Planning Services BS: Building Services Vesting Tentative Tract Map Improvement Plans FM: Final Map FD: Fire Department PD: Police Department TTM 2004-0055 TO: Temporary occupancy CE: City Engineer FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 9. All tract maintenance costs listed below shall be 100% funded by the BP PS project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. ■ All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. ■ All parks, trails, recreational facilities and like facilities. ■ All open space and native tree preservation areas. ■ All drainage facilities and detention basins. ■ All creeks, flood plains, floodways, wetlands, and riparian habitat areas. ■ All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. ■ All frontage landscaping and sidewalks along arterial streets 10. Prior to final map, the applicant shall submit CC&Rs for review and BP PS approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping in perpetuity. b) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. c Residents shall keep all trash receptacles within the unit's Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring GP: Grading Permit Vintage Homes BP: Building Permit SIP: Subdivision PS: Planning Services BS: Building Services Vesting Tentative Tract Map Improvement Plans FM: Final Map FD: Fire Department PD: Police Department TTM 2004-0055 TO: Temporary occupancy CE: City Engineer WW: Wastewater FI: Final inspection F0: Final CA: City Attorney Occupancy AMWC: Water Comp. designated trash storage area. d) Garages shall be maintained and used for vehicle parking. e) No boats, RV's or other type of recreation vehicle may occupy a guest or resident parking space, excepting the RV garage added to unit 1. f) A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. 11. Affordable Housing Requirement: The applicant shall deed restrict a GP/BP PS, CA minimum of 1 residential unit for 30 years at a moderate income rate or shall pay an in -lieu fee based on 5% of the construction valuation of all 4 units within the development, prior to or concurrently with the final map 12. Workforce Housing: Prior to recordation of final map, the applicant shall BP PS, CA enter into a legal agreement with the City to reserve 1/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved; and The City Attorney shall approve the final form of the agreement. 13. The developer and/or subsequent owner shall assume responsibility for Ongoing PS the continued maintenance of all landscape and common areas. City Engineer Conditions 14. These conditions of approval are based on Vesting Tentative Parcel Map AT 04-0549 submittal by Vaughan Surveys, Inc Sheets 1 thru 3. When there is a conflict between these conditions and the submitted drawings, the conditions of approval shall govern Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring GP: Grading Permit Vintage Homes BP: Building Permit SIP: Subdivision PS: Planning Services BS: Building Services Vesting Tentative Tract Map Improvement Plans FM: Final Map FD: Fire Department PD: Police Department TTM 2004-0055 TO: Temporary occupancy CE: City Engineer FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. PROJECT SPECIFIC CONDITIONS Drainage: 15. Provide for the detention of the 50 year developed storm runoff, while BP, GP CE metering out the 2 year undeveloped storm runoff. The roofs of the houses and hard surfaces shall drain directly into the basins. Drainage basins shall be designed to desilt, detain and meter storm flows as well as release them to natural runoff locations. 16. Concentrated drainage from off-site areas shall be conveyed across BP, GP CE the project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement cannot be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. 17. Applicant shall submit erosion control plans and a Storm Water BP, GP CE Pollution Prevention Plan (SWPPP). The Regional Water Quality Control Board shall approve the SWPPP. 18. All requirements of Section 5 "Storm Drainage" of the Engineering BP, GP CE Department standard specifications and drawings will be met. 19. Obtain approval by the City Engineer of the grading & drainage plan BP, GP CE and the storm drain design & facilities. Public Improvements and Maintenance: 20. Construct new concrete curb, gutter and sidewalk per City Engineering FM CE Standards #418 and 419 along the entire property frontage. Back of sidewalk to be at property line. Sidewalk to provide a 4 foot clear path of travel. Utility poles to be 18 inches clear from face of curb or 1 foot clear behind sidewalk. Decomposed granite horse trail will not be allowed. Saw cut existing asphalt and pave to new gutter lip. The road cross fall shall be 2% unless approved different by City Engineer. In no case shall cross fall be less than 1 % nor greater than 5%. Driveway approaches for the two driveways to be per City Engineering Standard #423. Public Improvement plans to be stamped by a Registered Civil Engineer. SANITARY SEWER CONDITIONS Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring GP: Grading Permit Vintage Homes BP: Building Permit SIP: Subdivision PS: Planning Services BS: Building Services Vesting Tentative Tract Map Improvement Plans FM: Final Map FD: Fire Department PD: Police Department TTM 2004-0055 TO: Temporary occupancy CE: City Engineer FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. 21. Collection sites for solid waste and turn around for solid waste collection BP, GP WW vehicles will be approved by Atascadero Waste Alternative. WASTEWATER 22. The new sewer manhole will be placed in the center of Capistrano Ave and the projection of the center of Ensenada Ave. The sewer main from the end of the existing main to this manhole will be in a public sewer easement, be 8 inches in diameter and have a slope as flat as possible. This public sewer main extension shall be designed and constructed to City Standards. The design of the system shall meet with the Public Works Department prior to deign to review the project and develop a clear understanding of the criteria. 23. Each house shall be served by a private 4 inch sewer lateral from the main to the house. The laterals may be installed in the same trench. 24. Applicant shall pay sewer Extension (Annexation), Connection and Reimbursement fees (if applicable) upon issuance of building permit. 25. Drainage piping serving fixtures which have flood level rims located below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve Fixtures above such elevation shall not discharge through the backwater valve. STANDARD CONDITIONS 26. All public improvements shall be constructed in conformance with the BP, GP CE City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 27. 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. 28. An engineer's estimate of probable cost shall be submitted for review FM CE and approval by the City Engineer to determine the amount of the bond. 29. The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map. 30. The applicant shall be responsible for the relocation and/or alteration of BP, GP CE existing utilities. Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring GP: Grading Permit Vintage Homes BP: Building Permit SIP: Subdivision PS: Planning Services BS: Building Services Vesting Tentative Tract Map Improvement Plans FM: Final Map FD: Fire Department PD: Police Department TTM 2004-0055 TO: Temporary occupancy CE: City Engineer WW: Wastewater FI: Final inspection F0: Final CA: City Attorney Occupancy AMWC: Water Comp. 31. The applicant shall install all new utilities (water, gas, electric, cable TV BP, GP CE and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 32. The applicant shall monument all property corners for construction FM CE control and shall promptly replace them if disturbed. 33. The applicant shall acquire title interest in any off-site land that may be FM CE required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 34. Slope easements shall be provided as needed to accommodate cut of FM CE fill slopes. 35. Drainage easements shall be provided as needed to accommodate both FM CE public and private drainage facilities. 36. The final map shall be signed by the City Engineer prior to the map FM CE being placed on the agenda for City Council acceptance. 37. Prior to recording the tract map, the applicant shall submit a map drawn FM CE in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 38. Prior to recording the tract map, the applicant shall set monuments at all FM CE new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 39. Prior to recording the tract map, the applicant shall pay all outstanding plan check/inspection fees. 40. Prior to recording the map, the applicant shall complete all FM CE improvements required by these conditions of approval 41. Prior to recording the tract map, the applicant shall have the map FM CE reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the map. Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring GP: Grading Permit Vintage Homes BP: Building Permit SIP: Subdivision PS: Planning Services BS: Building Services Vesting Tentative Tract Map Improvement Plans FM: Final Map FD: Fire Department PD: Police Department TTM 2004-0055 TO: Temporary occupancy CE: City Engineer FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. 42. Upon recording the final map, the applicant shall provide the City with a FM CE black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 43. Prior to the final inspection of any public improvements, the applicant FM CE shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 44. Prior to the final inspection, the applicant shall submit a written BP, GP CE certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 45. An encroachment permit shall be obtained prior to any work within City BP, GP CE rights of way. 46. Prior to the issuance of building permits the applicant shall submit a BP, GP CE grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. Atascadero Mutual Water Company 47. Before recordation of the final map, the applicant shall submit plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All 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. 48. Before the start of construction on the water system improvements, the applicant shall pay all installation and connection fees required by AMWC. 49. Before issuance of building permits, the applicant shall obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. 50. Separate water meters for domestic water service are required for each individual lot created within the subdivision. 51. 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. Mitigation Measures Conditions of Approval / Mitigation Monitoring Program Vintage Homes Vesting Tentative Tract Map TTM 2004-0055 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary occupancy FI: Final inspection F0: Final Occupancy Responsibili ty /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure BP PS 1.d.1 Mitigation Measure 1.d.1: If exterior lighting is proposed, it shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 20 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the private street. Fixtures shall be shield cut-off type and compatible with historic setting, subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP BS 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment • Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). • Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. • Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non - potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re - vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are plann4ed to be reworked at dates greater Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring GP: Grading Permit Vintage Homes BP: Building Permit SIP: Subdivision PS: Planning Services BS: Building Services Vesting Tentative Tract Map Improvement Plans FM: Final Map FD: Fire Department PD: Police Department TTM 2004-0055 TO: Temporary occupancy CE: City Engineer WW: Wastewater FI: Final inspection F0: Final CA: City Attorney Occupancy AMWC: Water Comp. than one month after initial grading should be sown with a fast - germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.b.e.1: All recommendations of the soils report and biologist GP/BP PS, BS, CE 4.e.b.1 survey shall be implemented. Foundation design and overexcavation and re - compaction shall follow the recommendations of the soils report. Site drainage shall be designed to avoid concentration of flows into Atascadero Creek. Mitigation Measure 4.e.1: The building permit site plan shall identify all protection GP PS, BS, CE 4.e.1 and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan. Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. Mitigation Measure 4.e.2: The Precise Grading Plan shall identify tree protection GP PS, CE 4.e.2 fencing around the dripline of each existing on-site tree and/or native shrub mass within 20 feet of construction activity. Mitigation Measure 4.e.3: Grading and excavation and grading work shall be GP, BP PS, BS 4.e.3 consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 7. All existing trees outside of the limits of work shall remain. 8. Earthwork shall not exceed the limits of the project area. 9. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 10. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 11. All trees within the area of work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection Conditions of Approval / Mitigation Monitoring Program Vintage Homes Vesting Tentative Tract Map TTM 2004-0055 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary occupancy FI: Final inspection F0: Final Occupancy Responsibili ty /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 12. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 4.e.4: The developer shall contract with a certified arborist BP PS, BS 4.e.4 during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a). A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b). Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c). As specified by the arborist report and City staff: ■ Fencing: Must be a minimum of 4' high, chain link, and snow or safety fence, staked at the drip -line or line of encroachment for each tree or group of trees. Tree fencing shall be erected before demolition, grading, or construction begins and remains in place until final inspection of the project permit, except for work specifically required in the approved plans in which case the project arborist or Planning Staff must be consulted. ■ Soil Aeration Methods: Soils under drip -lines that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include water jetting, adding organic matter, and boring small holes with an auger (18" deep, 24 apart with a 24" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist shall advise. ■ Chip Mulch: All areas within the drip -line of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction. ■ Trenching within the Drip -line: All trenching under drip -lines of native trees shall be hand dug, augured or bored. All major roots shall be avoided whenever possible. All exposed roots larger than 1" in diameter shall be 'clean cut with a sharp pruning tool and not left ragged. ■ Grading within drip -line: Grading should not encroach within the drip -line. If grading is necessary, construction of retaining walls or tree wells or other protection measures may be necessary to insure the survivability of the trees. Chip mulch 4-6" in depth may also be required in these areas. Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring GP: Grading Permit Vintage Homes BP: Building Permit SIP: Subdivision PS: Planning Services BS: Building Services Vesting Tentative Tract Map Improvement Plans FM: Final Map FD: Fire Department PD: Police Department TTM 2004-0055 TO: Temporary occupancy CE: City Engineer FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. ■ Exposed Roots: Any exposed roots shall be recovered the same day they were exposed. ■ Paving within the Drip -line: Pervious surfacing is required within the dripline of any oak trees. ■ Compaction: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. ■ Existing Surfaces: The existing ground surface within the drip -line of all oak trees shall not be cut, filled, compacted or pared. ■ Construction materials and waste: No liquid or solid construction waste shall be dumped on the ground within the drip -line of any oak tree. ■ Arborist Monitoring: During construction an arborist shall be present when encroaching within the dripline of any Oak tree. (d). Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 6.b.1: The grading permit application plans shall include GP BS 6.b.1 erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.d.1: A soils report shall be required to be submitted with a GP PS, BS, CE 6.c.d.1 future building permit by the building department. Mitigation Measure 8.e.f.1: Should the disturbed area total one acre or greater, a GP PS,CE 8.0.1 Stormwater Pollution Prevention Plan (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. Should the area of disturbance total less than one acre in area, the applicant shall include methods of erosion control and temporary site runoff control, subject to the approval of the City Engineer. Mitigation Measure 8.e.f.2: The Building Permit application plans shall identify Best BP PS, CE 8.e.f.2 Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring GP: Grading Permit Vintage Homes BP: Building Permit SIP: Subdivision PS: Planning Services BS: Building Services Vesting Tentative Tract Map Improvement Plans FM: Final Map FD: Fire Department PD: Police Department TTM 2004-0055 TO: Temporary occupancy CE: City Engineer FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. Mitigation Measure 8.e.f.3: The developer is responsible for ensuring that all BP PS, BS 8.e.f.3 contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders Mitigation Measure 8.g.h.i.1: All structures will be required to be constructed BP PS/CE/BS 8.g.h.1.1 outside of the 100 -yr flood plane and will be required to meet building code requirements to ensure that all portions of the structures are outside of this area. Mitigation Measure 11.d: All construction activities shall comply with the City of BP, GP PS, BS 11.d Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. ITEM NUMBER: R DATE: 10-18-05 Atascadero Planning Commission Staff Report - Community Development Department 8900 EI Camino Real Conditional Use Permit 2005-0161 (DeCou) SUBJECT: The proposed project consists of an application for a Conditional Use Permit to establish a storage yard at the above location. The proposal includes two new 4,000 square -foot metal buildings, retention of the existing building, site landscaping, and on- site parking. RECOMMENDATION: Staff Recommends: Adopt Resolution PC 2005-0082 approving Conditional Use Permit 2005-0161 based on findings and subject to Conditions of Approval. SITUATION AND FACTS: 1. Applicant / Representative: Jay DeCou, 6705 Santa Lucia Road, Atascadero, CA 93422 2. Project Address: 8900 EI Camino Real, Atascadero, CA 93422 (San Luis Obispo County) APN 056-051-033 3. General Plan Designation: Service Commercial (SC) 4. Zoning District: Commercial Service (CS) 5. Site Area: 0.93 acres 6. Existing Use: Commercial 7. Environmental Status: Proposed Mitigated Negative Declaration 2005-0031 DISCUSSION: Project Definition The proposed project consists of a request to establish a storage yard use at 8900 EI Camino Real. The application includes the proposed construction of two 4,000 square - foot metal storage buildings, site screening, and parking lot. Each of the two proposed new buildings will be part of a phased development plan with the rear most building scheduled for phase II of the Master Plan of Development. Background Surrounding Land Use and Setting: North: Commercial Retail South: Service Commercial East: Service Commercial West: Service Commercial The project site is within the Service Commercial General Plan Land Use Designation and Commercial Service Zoning District, which conditionally allows storage yards if required findings can be made. The project site is developed with a single-family residential building which is currently being used as the proposed business offices. Appearance Review 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 site includes perimeter landscaping and fencing designed to screen the proposed use and structures. The frontage along EI Camino Real includes landscaping and street trees, consistent with appearance review requirements. Site Plan. Circulation. Parkin The site plan includes 8 paved parking spaces located adjacent to the proposed new buildings. Access will be provided off of EI Camino Real with one driveway for ingress and one for egress. The proposed circulation meets the requirements of the City Engineer and Fire Marshall. Landscape screening is proposed along the south property line. The landscaping includes Arizona cypress planted 30 -feet on -center. Architecture. Materials. Color The applicant is proposing to construct two 4,000 square -foot metal buildings behind the existing building. The applicant is proposing a mid -tone gray color for both the roof and wall panels. The proposed elevations are shown below. P � I iI I� hill — I � I i i • I� II1r1 I' � I I I �—T-'• II� • Fl . 0.'.;,.;,n _ ..-...ta.s..� General Plan Consistency SPY ryu. F `ymlr I laery. t I I. � .-erp3:. �n�-u f. Y�✓t 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. Implementing General Plan programs requires appearance review of architectural design, materials and color, and landscaping to fit with the existing setting and natural environment. As analyzed above, the proposed project, as conditioned is consistent with the General Plan. Findings Conditional Use Permit A Conditional Use Permit is required for all conditionally allowed uses to ensure compatibility with the surrounding neighborhood and mitigatable impacts such as traffic, noise, and overall project appearance. The Conditional Use Permit process provides the opportunity for the public and the Planning Commission to review the specifics of land use proposals, such as architectural design, site design, landscape, signage, and specific standards of the zoning ordinance. The Planning Commission must make the following five findings to approve a Conditional Use Permit: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The use is consistent with the General Commercial designation of the General Plan and General Plan Land Use Element Policy 1.1.7. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). Staff Comment: As conditioned, the project satisfies all conditional use permit provisions for a storage yard use. 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 storage yard 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 include upgraded landscaping along EI Camino Real and landscape screening along the south of the site. The surrounding area is developed with Commercial service type uses and is zoned for such. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: The proposed project and use is consistent with the traffic projections and road improvements anticipated within the General Plan. The project site is an infill commercial site along a currently developed portion of EI Camino Real. 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 Proposed Mitigated Negative Declaration 2005-0031 was circulated to other agencies and members of the public on September 21, 2005. Staff is recommending certification of proposed Mitigated Negative Declaration 2005-0031. Conclusion The proposed project represents an infill commercial development along EI Camino Real within the Service Commercial Zoning District. 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 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: Proposed Mitigated Negative Declaration and Initial Study Attachment 3: Draft Resolution PC 2005-0082 sopp, 6 lk sdo Attachment 2: Draft Mitigated Negative Declaration and Initial Study See Following ATTACHMENT 3: Draft Resolution PC 2005-0082 DRAFT RESOLUTION PC 2005-0082 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2005-0161 AT 8900 EL CAMINO REAL APN 056-051-033 (DeCou) WHEREAS, an application has been received from Jay DeCou (6705 Santa Lucia Rd, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a Conditional Use Permit to establish a storage yard use (CUP 2005-0159); and, and, WHEREAS, the site's current General Plan Designation is Service Commercial (SC); WHEREAS, the site's current Zoning is Commercial Service (CS); and, WHEREAS, a Conditional Use Permit to establish a Storage Yard within the Commercial Service zone is required; and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2005-0031 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on October 18, 2005, studied and considered the Conditional Use Permit 2005-0161, 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 October 18, 2005, resolved to approve the Conditional Use Permit 2005- 0161 (Master Plan of Development) subject to the following: EXHIBIT A: Proposed MND EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan EXHIBIT E: Elevations EXHIBIT F: Landscape Plan EXHIBIT G: Color and Materials Board On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A Proposed Mitigated Negative Declaration See Following EXHIBIT B: Conditions of Approval (CUP 2005-0161) Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring 8900 El Camino Real BL: Business License PS: Planning Services BS: Building Services CUP 2005-0161 GP: Grading Permit FD: Fire Department BP: Building PD: Police Department CE: City Engineer Permit FI: Final WN: Wastewater Inspection CA: City Attorney TO: Temporary Occupancy F0: Final Occupancy Planning Services 1. This conditional use permit shall be for a storage yard use and associated FM PS offices as described on the attached exhibits and located on parcel 028- 421-001 regardless of owner. Approval includes a phased plan for two 4,000 metal storage buildings on-site. 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. Phase II shall be constructed within 5 -years of this approval. Approval of Phase II shall expire at that time and become null and void, requiring a Conditional Use Permit amendment to reinstate. Any such proposal shall comply with all future zoning ordinances standards. 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. Any 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 E and G with the following modifications: Conditions of Approval / Timing Responsibili Mitigation Mitigation Monitoring Program ty Measure /Monitoring 8900 El Camino Real BL: Business License PS: Planning Services BS: Building Services CUP 2005-0161 GP: Grading Permit FD: Fire Department BP: Building PD: Police Department CE: City Engineer Permit FI: Final WW: Wastewater Inspection CA: City Attorney TO: Temporary Occupancy F0: Final Occupancy ■ All exterior material finishes shall be durable, high quality, and consistent with the architectural appearance. ■ Any exterior light fixtures shall be compatible with building design, subject to staff approval. 8. All site work, grading, and site improvements shall be consistent with the BP/FM PS, BS, CE Master Plan of Development as shown in EXHIBIT C. 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 F, and as follows: ■ All areas shown on the landscape plan shall be landscaped prior to the final of any single building permit on-site. Building Services 10. A soils investigation prepared by a licensed Geotechnical Engineer is to GP PS be provided for the project. The report is to be provided at the time of BP building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. PUBLIC WORKS 11. The applicant shall submit an erosion and clean water plan for review by the City Engineer prior to the issuance of building permits. EXHIBIT C: Site Plan vm °'�'0rro er ON30V35YIY!O A11.7 f r_:_iY �•; 3n oainr�sv +r 'lr3tl oxlnr�i3 0064 g oa�ar�srn0380 32y l0 Jj E ];•% - iln 'FMti '9ti-il 1RJ '211�nd( AYf ! u3iB0•J 'f OIN3 yQ M'W 39YNIM i DNIUMD'3LS 03SO 10111 g Y + 0 d EL CAMINQ_ RFAL__ �i,ll w EXHIBIT D: Elevations 0 0 i ' � I t .�HI , :.l c1c } I p, 0 0 EXHIBIT E: Landscape Plan I ff l I 5 EXHIBIT F: Color and Materials Board C•OR AND MATERIAL / SAMPL*OARD FOR DECOU LUMBER CO. INC. (FOR TAYLOR RENTAL) 8900 EL CAMINO REAL ATASCADERO, CA. D JU1y 13 ZO45 BAM,��Nn Y OEVE(.OpMENT COMP SHINGLE ROOF AT EXISTING FRONT BUILDING J Ott WH0 WALL / SIDING COLOR AT FRONT BUILDING (EX.) TRIM / FASCIA COLOR AT FRONT BUILDING (EX. WALL / ROOF PANEL COLOR AT PROPOSED STORAGE BUILDING See project file for specific proposed color selections