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HomeMy WebLinkAboutPC_2005-11-01_AgendaPacketCALL TO ORDER CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting November 1, 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 OCTOBER 18, 2005. City of Atascadero Planning Commission Agenda COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS Regular Meeting November 1, 2005 Page 2 of 5 (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name and address for the record and can address the Commission for five minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 2. CONDITIONAL USE PERMIT 2000-0022 RECONSIDERATION 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 Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The Determination: proposed Negative Declaration is available for public review at 6905 El Camino Real, Suite 6, Community 3. TENTATIVE PARCEL MAP 2005-0072,5155 ESCARPA AVE. Owner: 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: 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. City of Atascadero Planning Commission Agenda Regular Meeting November 1, 2005 Page 3 of 5 4. AMENDMENT TO CONDITIONAL USE PERMIT 2004-0144 Applicant: Atascadero Enterprises, 2505 Theatre Drive, Suite A, Paso Robles, CA 93446 Owners: Joe Simonin, 185 Pendleton Lane, Templeton, CA 93465 Project Title: Adam Scattini, 2505 Theatre Dr. Ste. A, Paso Robles, CA 93446 Project Amendment to Conditional Use Permit 2004-0144 Title: El Camino Real Quick Lube and Car Wash Project 7095 EI Camino Real, Atascadero Location: APN 030-081-008 Project The proposed project consists of an Amendment to a Conditional Use Permit (CUP) that established a Description: 2,114 square -foot 2 -bay automotive maintenance lube and oil garage with an attached waiting room and drive-through car wash facility. The project amendment consists of a request to modify proposed landscaping adjacent to the building and modify the height of the building including the service doors. General Plan Designation: General Commercial (GC) Zoning District: Commercial Professional (CR) Proposed Consistent with the previously certified Mitigated Negative Declaration 2005-0002. Environmental Zoning District: Residential Multiple Family— RMF -10 Determination: 5. ZONE CHANGE 2004-0087, CONDITIONAL USE PERMIT 2004-0133, TENTATIVE PARCEL MAP 2004-0065 Applicant/ Donald Vaughn, 605 Garcia Road, Atascadero, CA 93422 Owners Randy Young, P O Box 744, San Miguel, CA 93451 Project Title: Zone Change 2004-0087, Conditional Use Permit 2004-0133; Tentative Parcel Map 2004-0056 for a 4 -lot Planned Development subdivision Project 6910 Navajoa Avenue, Atascadero, CA 93422 (Single Family Residence) Location: (San Luis Obispo County) APN 030-373-020. Project The proposed project consists of an application for a Zone Change, Conditional Use Permit, and Description: Tentative Parcel Map for the construction of four new detached single-family homes on individual lots that will be developed under the requirements of the Planned Development overlay district standards within the Residential Multi -Family (RMF -10) zoning district. The proposed residences range in size between 1,440 square feet and 1,894 square feet. The project includes one home per lot each with a two -car garage and one parking space in each driveway. A seven (7) inch live oak is proposed for removal. General Plan Designation: Medium Density Residential — MDR Zoning District: Residential Multiple Family— RMF -10 COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT City of Atascadero Planning Commission Agenda ADJOURNMENT Regular Meeting November 1, 2005 Page 4 of 5 The next regular meeting of the Planning Commission will be on November 15, 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 November 1, 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: 11-1-05 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting October 18, 2005 — 7:00 P.M. Chairperson Porter called the meeting to order at 7:00 p.m. and Vice Chairperson Beraud led the Pledge of Allegiance. ROLL CALL Present: Commissioners Fonzi, Jones, Kelley, O'Keefe, Patel, Beraud and Chairperson Porter Absent: None Staff Present: Community Development Director Warren Frace, Deputy Community Development Director Steve McHarris, Deputy Public Works Director Jeff Van den Eikhof, Associate Planner Kelly Gleason and Recording Secretary Grace Pucci. PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA Commissioner O'Keefe suggested changing the agenda order so that Item #8 would be heard first. MOTION: By Commissioner O'Keefe and seconded by Commissioner Kelley to approve the agenda as amended. Motion passed 7:0 by a roll -call vote. PUBLIC COMMENT Eric Greening asked if it would be appropriate to have a study session to discuss the tree ordinance to more clearly define the terms "reasonable" and "feasible" when PC Draft Minutes 10/18/05 Page 1 of 8 considering alternatives to removing trees, particularly on wooded hillside lots with many trees. Chairperson Porter closed the Public Comment period. CONSENT CALENDAR 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. 3. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON OCTOBER 4, 2005. Commissioner O'Keefe referred to the Minutes of September 6, 2005 and requested that her comments on Item #4, top of Page 11 be revised to read the "conversion of commercial to residential." MOTION: By Commissioner Kelley and seconded by Commissioner Fonzi to approve Item #1 as amended. Motion passed 7:0 by a roll -call vote. MOTION: By Commissioner Kelley and seconded by Commissioner Fonzi to approve Item #2. Motion passed 6:0 by a roll -call vote. (O'Keefe abstained) MOTION: By Commissioner Kelley and seconded by Commissioner Fonzi to approve Item #3. Motion passed 6:0 by a roll -call vote. (Jones abstained) COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS 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 Location: 8900 El Camino Real Atascadero, CA 93422 (San Luis Obispo County) APN 056-051-033 Project Description: The proposed project consists of an application for a Conditional Use Permit for the construction of two 4000 square foot storage buildings. The buildings are proposed to be constructed in two phases. PC Draft Minutes 10/18/05 Page 2 of 8 Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Jay DeCou, applicant, thanked staff for working with him, and explained why he is requesting the Conditional Use Permit. Mr. DeCou spoke about the following concerns: 1) blockage of sight vision due to too many trees in front, and 2) interior landscape screening between the propane location and the lot—it will be difficult to grow plants as there is a cement wall at that location. Mr. DeCou answered questions of the Commission. Joanne Main, Executive Director Chamber of Commerce, expressed her gratitude to the applicant for helping to keep a business in town, and stated she agrees with sending this back to staff for the line of sight issue. Chairperson Porter closed the Public Comment period. MOTION: By Commissioner Kelley and seconded by Commissioner Jones adopt Resolution PC 2005-0082 approving Conditional Use Permit 2005-0161 based on findings and subject to Conditions of Approval and with the addition that the applicant work with city staff and the City Engineer regarding the location of the trees in the front of the house, and the landscape material to be used not to interfere with any sight angles along EI Camino Real and that they also work in regards to the planting of the trees along the property line to work something out that will be feasible and work. Motion passed 7:0 by a roll -call vote. 4. TENTATIVE PARCEL MAP 2005-0070, 5750 ROSARIO AVE. Owner: The site is located on 0.93 acres within the Commercial Service Zone. Project Title: General Plan Designation: Service Commercial (SC) Project 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. Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Jay DeCou, applicant, thanked staff for working with him, and explained why he is requesting the Conditional Use Permit. Mr. DeCou spoke about the following concerns: 1) blockage of sight vision due to too many trees in front, and 2) interior landscape screening between the propane location and the lot—it will be difficult to grow plants as there is a cement wall at that location. Mr. DeCou answered questions of the Commission. Joanne Main, Executive Director Chamber of Commerce, expressed her gratitude to the applicant for helping to keep a business in town, and stated she agrees with sending this back to staff for the line of sight issue. Chairperson Porter closed the Public Comment period. MOTION: By Commissioner Kelley and seconded by Commissioner Jones adopt Resolution PC 2005-0082 approving Conditional Use Permit 2005-0161 based on findings and subject to Conditions of Approval and with the addition that the applicant work with city staff and the City Engineer regarding the location of the trees in the front of the house, and the landscape material to be used not to interfere with any sight angles along EI Camino Real and that they also work in regards to the planting of the trees along the property line to work something out that will be feasible and work. Motion passed 7:0 by a roll -call vote. 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. PC Draft Minutes 10/18/05 Page 3 of 8 Deputy Community Development Director Steve McHarris gave the staff report and answered questions of the Commission. PUBLIC COMMENT Greg Ravat, 5735 Rosario, distributed a handout to the commission (Exhibit A), and commented that this project needs a little more attention to detail because it is in a historic neighborhood and next to a Colony home. Mr. Ravat answered questions of the Commission. Chris Aho stated he lives next door to the project and is concerned with drainage due to the increased density. David Graves, applicant, explained how he has designed the project to be compatible with the neighborhood. Matt Huston, project civil engineer, explained how the applicant will deal with the drainage issues. Chairperson Porter closed the Public Comment period. There was Commission discussion regarding landscaping, guest parking, doors to be used, the use of reasonable upgrades to produce a more "Craftsman" style home, location of front door, proportions of front porch posts, windows, and the use of traditional venting to the side of the front home. The Commission agreed that they would like the applicant to work with staff on these issues and that closer attention be paid to these homes as they are in an historic neighborhood. MOTION: By Commissioner Fonzi and seconded by Commissioner Kelly to adopt Resolution PC 2005-0072 approving Tentative Parcel Map 2005-0070 with the following changes: 1) The architecture be revised regarding placement of the front door. 2) The columns adjusted to a Colony style. 3) The venting be of a historic style on the side of house. 4) The landscaping be used in such a way that it hides some of the features or enhances the features. 5) That there be designated parking spots on site. Motion passed 7:0 by a roll -call vote. PC Draft Minutes 10/18/05 Page 4 of 8 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: Deputy Community Development Director Steve McHarris gave the staff report and answered questions of the Commission. PUBLIC COMMENT Greg Ravat, 5735 Rosario, distributed a handout to the commission (Exhibit A), and commented that this project needs a little more attention to detail because it is in a historic neighborhood and next to a Colony home. Mr. Ravat answered questions of the Commission. Chris Aho stated he lives next door to the project and is concerned with drainage due to the increased density. David Graves, applicant, explained how he has designed the project to be compatible with the neighborhood. Matt Huston, project civil engineer, explained how the applicant will deal with the drainage issues. Chairperson Porter closed the Public Comment period. There was Commission discussion regarding landscaping, guest parking, doors to be used, the use of reasonable upgrades to produce a more "Craftsman" style home, location of front door, proportions of front porch posts, windows, and the use of traditional venting to the side of the front home. The Commission agreed that they would like the applicant to work with staff on these issues and that closer attention be paid to these homes as they are in an historic neighborhood. MOTION: By Commissioner Fonzi and seconded by Commissioner Kelly to adopt Resolution PC 2005-0072 approving Tentative Parcel Map 2005-0070 with the following changes: 1) The architecture be revised regarding placement of the front door. 2) The columns adjusted to a Colony style. 3) The venting be of a historic style on the side of house. 4) The landscaping be used in such a way that it hides some of the features or enhances the features. 5) That there be designated parking spots on site. Motion passed 7:0 by a roll -call vote. PC Draft Minutes 10/18/05 Page 4 of 8 5. CONDITIONAL USE PERMIT 2000-0022 RECONSIDERATION 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 Project installation of a berm median that limits movement to right turns only. Description: General Plan Designation: GC (General Commercial) Zoning District: (CT) Commercial Tourist Proposed CEQA Categorical Exemption Section 15301 — Existing Facilities. Environmental General Plan Designation: Single Family Residential (SFR -Y) Determination: Zoning District: Residential Single Family (RSF-Y) Chairperson Porter announced that staff has recommended that this item be conditioned to November 1, 2005. MOTION: By Commissioner Jones and seconded by Commissioner Fonzi to Continue Item #5 to November 1, 2005 Motion passed 7:0 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: 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. PC Draft Minutes 10/18/05 Page 5 of 8 MOTION: By Commissioner Fonzi and seconded by Commissioner O'Keefe to continue Item #6 to November 1, 2005. Motion passed 7:0 by a roll -call vote. 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. Associate Planner Kelly Gleason gave the staff report and Deputy Community Development Director Steve McHarris spoke about appearance review design standards. PUBLIC COMMENT Jamie Kirk, applicant's representative, spoke about the project and explained the applicant's concerns with introducing a two story home into this neighborhood. In addition the applicant requested the following changes to the Conditions of Approval: 1. Page 146, Section 2-7: Change PD -25 to PD -7. 2. Page 149, Condition No. 8: Request 16 foot width requirement. 3. Page 150 Condition No. 12: Does the affordability requirement apply to all four homes? 4. Page 153 Condition No. 26: Applicant thought there would be no sidewalk requirements on Ensenada. Would prefer DG path if needed. 5. Tree removal permit should incorporate extra small trees. Mike Jackson, applicant, spoke about the site and explained how he decided on the footprints for the houses. Mr. Jackson answered questions of the Commission. PC Draft Minutes 10/18/05 Page 6 of 8 Eric Greening spoke about the creek trail, the issue of a sidewalk along Ensenada, whether a PD -7 is setting a precedent for this area and the resulting cumulative impacts along the banks of the creek, and seismic concerns in saturated alluvium. Chairperson Porter closed the Public Comment period. Commissioner Kelley expressed concern with the 20 -foot wide driveway pavement and suggested the Fire Department should make a final decision on this driveway. Vice Chairperson Beraud suggested upgrading the appearance on the existing home as well as the proposed units stating it is difficult to make the finding that this is meeting the upgraded appearance. She thinks a drainage detention basin is needed if the smaller setbacks are allowed, and is also concerned about the frontage improvements, lack of a tree protection plan map and fire access for the driveway. Commissioner Jones stated this project does not meet the architectural standards, creek setback, and the driveway width for the application of a PD -7. Commissioner O'Keefe expressed several concerns including: 1) the soils report which was done in 2003 when the City was in a draught condition, 2) the project not meeting the standards for a PD -7, 3) if two-story homes were used at the back of the project the footprints could be smaller and house #4 could be reoriented to face front, and 4) the existing house should have an appearance upgrade so the project ties together as a PD -7. Commissioner Fonzi stated the following concerns: 1) too many houses in too small a footprint, 2) 1/3 of the lot is within the Atascadero Creek reservation area and it must be looked at more closely, 3) timing of soils report, 4) discrepancies in the report regarding tree removals must be clarified, 5) she is not happy with the landscape plan, 6) the house on lot 4 must face the road or be omitted, 6) must clarify the affordability issues, and 7) would like additional information regarding the sewer system. She would prefer to deny the project at this stage and bring it back to the Commission in a different form. MOTION: By Vice Chairperson Beraud and seconded by Commissioner O'Keefe to continue this item and staff to: 1. Address concerns about appearance to upgrade the appearance of the existing house and maybe incorporate the garage expansion in that process. 2. Address the 20 -foot road. 3. Address how to reorient or redesign the lot #4. 4. Make an attempt to be sensitive to the creek setback, possibly two-story homes in the back to increase the amount of landscaping in the setback. 5. To define what the frontage improvements will be in alignment with the proposed RCD trail. PC Draft Minutes 10/18/05 Page 7 of 8 6. The City Engineer look at the C.R. Delta Corporation soils report 7. Think about the footprints and a smaller size home. 8. That there be a map to look at that goes along with the arborist's report. 9. Provide additional information on the sewer line and how it would be connected. 10. Look at the drainage basins and their proximity to the creek setback. 11. The architectural appearance to be enhanced to the standards of the PD -7, and that it includes the existing home. 12. Staff to address what the affordable housing total would be. Motion passed 7:0 by a roll -call vote. COMMISSIONER COMMENTS AND REPORTS Commissioner Kelley stated that the Sunken Gardens look spectacular and thanked Public Works Director Steve Kahn for his work. Commissioner Fonzi asked staff to look into the Police Department's "Safe Neighborhoods" program and whether this should be a condition to include in projects in the redevelopment area. Vice Chairperson Beraud questioned if there is a permit out on Santa Rosa and EI Camino Real. Associate Planner Gleason stated there is and that along EI Camino Real there will be two new smaller office buildings proposed. DIRECTOR'S REPORT Community Development Director Warren Frace gave a follow up report on the Mariquita PD -7 project. Director Frace also reviewed the agenda for the next Planning Commission meeting. ADJOURNMENT Chairperson Porter adjourned the meeting at 8:47 p.m. to the next regularly scheduled meeting of the Planning Commission on November 1, 2005. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary The following Exhibit is available for review in the Community Development Department: Exhibit A — Greg Ravatt, drawing. PC Draft Minutes 10/18/05 Page 8 of 8 ITEM NUMBER: 2 DATE: 11-1-05 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: 2 DATE: 11-1-05 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: 2 DATE: 11-1-05 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: 2 DATE: 11-1-05 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: 2 DATE: 11-1-05 Non -permitted equipment in sidewalk (Cond 15) . rlo- . _ ITEM NUMBER: 2 DATE: 11-1-05 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: 2 DATE: 11-1-05 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: 2 DATE: 11-1-05 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: 2 DATE: 11-1-05 (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: 2 DATE: 11-1-05 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: 2 DATE: 11-1-05 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: 2 DATE: 11-1-05 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: 2 DATE: 11-1-05 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: 2 DATE: 11-1-05 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 November 1, 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: November 1, 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 ITEM NUMBER: 3 DATE: 11-1-05 Atascadero Planning Commission Staff Report - Community Development Department Tentative Parcel Map 2005-0072 (AT 05-0142) 5155 Escarpa Ave. (Miles) SUBJECT: Proposed subdivision of one existing parcel totaling approximately 3.37 acres net into three lots of 1.21, 1.01, and 1.15 acres net. The site is currently developed with a single-family residence which is located on proposed parcel one. RECOMMENDATION: Staff Recommends: Planning Commission adopt Resolution PC 2005-0079, certifying Proposed Mitigated Negative Declaration 2005-0032 and approving Tentative Parcel Map 2005-0072, based on findings and subject to conditions of approval and mitigation monitoring. SITUATION AND FACTS: 1. Applicant/Owners: Barak Miles, 5255 Traffic Way, Suite 104, Atascadero, CA 93422 Phone: 461-5560 3. Project Address: 5155 Escarpa Avenue, Atascadero, CA 93422 APN 029-161-008 4. General Plan Designation: Single -Family Residential - Y 5. Zoning District: Residential Single -Family - Y 6. Site Area: 3.37 acres net 7. Existing Use: Single -Family Residence 8. Environmental Status: Proposed Mitigated Negative Declaration 2005- 0032 ITEM NUMBER: 3 DATE: 11-1-05 DISCUSSION: Project Definition The proposed project consists of Parcel Map to establish three lots of 1.21, 1.01, and 1.15 acres net. The site is currently developed with a single-family residence which is located on proposed parcel one. Subdivision Design: The project site is within the Single -Family Residential -Y General Plan Land Use Designation and is zoned Residential Single -Family -Y, with a minimum lot size of 1 -acre net. The subdivision will divide one existing lot into two parcels. The site is moderately sloped with proposed parcels two and three over 30% slope. The General Plan requires that a 20% or less slope building envelope be located on all new lots with greater than 30% slope. The applicant has provided building locations which meet this requirement. However, the City Engineer is recommending that the building location for parcel three be shifted outside of the existing valley as future drainage problems may result in construction in this location (Condition 19). The proposed building envelopes will allow for development of each site that meets setbacks and is located outside of the proposed tree conservation easement. Staff has added conditions related to minimizing grading if the building sites exceed 20% slope, and to require that the location of future development be located as shown on the conceptual grading and drainage plan (Condition 9). The proposed development of Parcel 2 will not require the removal of any native oak trees. An arborist will be required during project construction to ensure that all guidelines of the Atascadero Native Tree Ordinance are implemented. Proposed Parcel ITEM NUMBER: 3 DATE: 11-1-05 3 will require the removal of 6 native oak trees as proposed. The applicant will be required to comply with the Atascadero Native Tree Ordinance for all removals prior to building permit issuance. The applicant is proposing a tree conservation easement over portions of proposed parcels two and three. The Planning Commission may decide that the proposed easement is sufficient to mitigate potential tree removals within the building envelope. If this alternative is approved, the Planning Commissions motion should include a finding to that effect. If not, the mitigation required will be as shown in the following chart: Evergreen Native Trees (inches) dbh notes 1 2 3 4 5 6 Total 0 -inches Mitigation Requirement Tree Fund Payment: $ Public Improvements Deciduous Native Trees (inches) Tree Fund Payment: $ 950.00 Totals 57 -inches $ 950.00 All parcels have frontage on either Pinal Ave. or Escarpa Ave. Both streets will be required to be overlayed prior to final of the map (Condition 14). General Plan Consistency The subdivision is consistent with the General Plan Single -Family Residential -Y Land Use Designation and Residential Single -Family -Y Zoning regulations with minimum lot sizes of 1 -acre net or greater. Findings 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement, as conditioned, of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The site is physically suitable for the density of development proposed. 4. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 5. The subdivision is consistent with the character of the immediate neighborhood. dbh notes 1 9 -inches 2 16 -inches 3 10 -inches 4 7 -inches 5 15 -inches 6 Total 57 -inches Tree Fund Payment: $ 950.00 Totals 57 -inches $ 950.00 All parcels have frontage on either Pinal Ave. or Escarpa Ave. Both streets will be required to be overlayed prior to final of the map (Condition 14). General Plan Consistency The subdivision is consistent with the General Plan Single -Family Residential -Y Land Use Designation and Residential Single -Family -Y Zoning regulations with minimum lot sizes of 1 -acre net or greater. Findings 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement, as conditioned, of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The site is physically suitable for the density of development proposed. 4. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 5. The subdivision is consistent with the character of the immediate neighborhood. ITEM NUMBER: 3 DATE: 11-1-05 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. The proposed subdivision design and type of improvements proposed will not cause serious public health problems. 8. The proposed subdivision will be accomplished without detriment to the adjacent properties. Proposed Environmental Determination Staff prepared a Draft Mitigated Negative Declaration, which was circulated to public agencies and interested members of the public on August 4, 2005. The Environmental Analysis identified concerns regarding potential impacts to aesthetics, air quality, 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. Staff is recommending the Commission certify Proposed Mitigated Negative Declaration 2005-0032. Conclusion The subdivision, as conditioned, is consistent with the 2002 General Plan and Zoning Ordinance. The parcel configurations are consistent with the Subdivision Ordinance requirements and the size and shape of the proposed lots are consistent with the character of the immediate neighborhood. Staff recommends the Planning Commission approve Tentative Parcel Map 2005-0072 as conditioned. ALTERNATIVES: 1. The Commission may approve the subdivision subject to additional or revised project conditions. 2. The Commission may deny the subdivision 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. ITEM NUMBER DATE: 11-1-05 PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1 -- Location Map Attachment 2 -- Proposed Mitigated Negative Declaration 2005-0032 and Initial Study Attachment 3 -- Draft Resolution PC 2005-0079 ITEM NUMBER DATE: 11-1-05 ATTACHMENT 1: Location Map (General Plan / Zoning) TPM 2005-0072 5155 Escarpa Ave. ITEM NUMBER DATE: 11-1-05 ATTACHMENT 2: Proposed Mitigated Negative Declaration and Initial Study TPM 2005-0072 5155 Escarpa Ave. See Following ITEM NUMBER: 3 DATE: 11-1-05 ATTACHMENT 3: Draft Resolution No. PC 2005-0079 TPM 2005-0072 5155 Escarpa Ave. DRAFT RESOLUTION PC 2005-0079 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO CERTIFYING PROPOSED MITIGATED NEGATIVE DECLARATION 2005-0032 AND APPROVING A TENTATIVE PARCEL MAP 2005-0072 TO ESTABLISH THREE PARCELS ON APN 049-281-012 (Miles) WHEREAS, an application has been received from Barak Miles (5255 Traffic Way, Suite 104, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a Tentative Parcel Map to subdivide one residential parcel into three parcels of one acre net or greater; and, WHEREAS, the site's current General Plan Designation is Single -Family Residential -Y (SFR -Y); and, WHEREAS, the site's current Zoning District is Residential Single -Family -Y; and, WHEREAS, the minimum lot size in the Residential Single -Family -Y Zoning District is 1 -acre net; 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, an Initial Study and Draft Mitigated Negative Declaration 2005-0032 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, at a duly noticed Public Hearing held on November 1, 2005, studied and considered Tentative Parcel Map 2005- 0072, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, ITEM NUMBER: 3 DATE: 11-1-05 NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Certification of Mitigated Negative Declaration. The Planning Commission finds as follows: 1. The Negative Declaration has been completed in compliance with requirements of the California Environmental Quality Act; and, 2. The project does not have the potential to degrade the environment; and 3. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, 4. The project does not have impacts which are individually limited, but cumulatively considerable; and, 5. The project will not cause substantial adverse effects on human beings either directly or indirectly. SECTION 2. Approval of Tree Removal Permit, the Planning Commission finds as follows: The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: 1. Early consultation with the City; 2. Consideration of practical design alternatives; 3. Provision of cost comparisons (from applicant) for practical design alternatives; 4. If saving tree eliminates all reasonable uses of the property; or 5. If saving the tree requires the removal of more desirable trees. SECTION 3. Approval for Tentative Parcel Map, the Planning Commission finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement, as conditioned, of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The site is physically suitable for the density of development proposed. 4. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 5. The subdivision is consistent with the character of the immediate neighborhood. 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. ITEM NUMBER: 3 DATE: 11-1-05 7. The proposed subdivision design and type of improvements proposed will not cause serious public health problems. 8. The proposed subdivision will be accomplished without detriment to the adjacent properties. SECTION 4. Approval. The Planning Commission does hereby approve Tentative Parcel Map 2005-0072 (AT 05-0142), subject to the following Conditions and Exhibits: EXHIBIT A: Proposed Mitigated Negative Declaration 2005-0032 EXHIBIT B: Conditions of Approval EXHIBIT C: Tentative Parcel Map 2005-0072 (AT 05-0142) EXHIBIT D: Conceptual grading and drainage plan EXHIBIT E: Tree Removal Chart 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: ABSTAINED: ADOPTED: CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary ITEM NUMBER DATE: 11-1-05 EXHIBIT A: Proposed Mitigated Negative Declaration Draft Resolution PC 2005-0079 TPM 2005-0072 See Following ITEM NUMBER DATE: 11-1-05 EXHIBIT B: Conditions of Approval Draft Resolution PC 2005-0079 TPM 2005-0072 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure TPM 2005-0072 AT 05-0142 PM: Parcel Map GP: Grading Prmt PS: Planning Services BP: Building Prmt BS: Building Services TO: Temporary Occupancy FD: Fire Department 5155 Escarpa Ave. F0: Final Occupancy PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Planning Services 1. The approval of this application shall become final, subject to the PM PS completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9- 1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Parcel Map shall be valid for two years PM PS 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 authority PM PS 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 approved PM 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. 5. The subdivider shall defend, indemnify, and hold harmless the City Ongoing CA of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the subdivision. 6. The parcel map shall be subject to additional fees for park or PM PS recreation purposes (QUIMBY Act) as required by City Ordinance. Project Specific Conditions 7. The final map shall clearly identify the building envelope on a PM PS second map sheet. All provisions shall be reviewed by the Community Development Director and the City Attorney for approval, prior to recordation. 8. The final map shall clearly identify the driveway locations BP PS consistent with EXHIBIT C. Any proposed changes to the driveway that result in impacts to additional native trees shall be reviewed in conformance with the Atascadero Native Tree Ordinance, subject to staff approval. ITEM NUMBER DATE: 11-1-05 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure TPM 2005-0072 AT 05-0142 PM: Parcel Map GP: Grading Pnnt PS: Planning Services BP: Building Prmt BS: Building Services TO: Temporary Occupancy FD: Fire Department 5155 Escarpa Ave. FO: Final Occupancy PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company 9. All future construction on Parcels 2 and 3 shall be located as BP PS/BS shown on the conceptual grading and drainage plan and shall adhere to the hillside grading policies as follows if development is located on slopes of over 20%: A. Cut and fill pads shall be allowed provided the following requirements can be met: ■ Natural slopes are under 30%. ■ Native tree impacts are minimal. • The cut pad is reasonable related to the size of the house footprint. ■ Newly graded flat yard areas are minimized. ■ Landscape and irrigation plans prepared by a licensed professional are provided for all resulting cut and fill slopes. Landscape plans should incorporate native drought tolerant trees, shrubs and ground covers (refer to City plant list). • Erosion control plans must be provided. B. The following guidelines apply to grading in proximity to native trees: ■ Stem wall house construction should be considered to save native trees. ■ Retaining walls should be incorporated into cut and fill slopes to avoid/minimize impacts to native trees. ■ Tree preservation mitigations measures must be developed by an arborist for all impacted trees. 10. Future construction shall adhere to the requirements of the BP PS Atascadero Native Tree Ordinance in regards to protection measures and removal mitigation. Any additional removals not identified on the conceptual grading and drainage plan will require planning commission approval. 11. All utilities shall be placed underground in the area of the BP PS driveway in order to reduce trenching and potential impacts to native vegetation. 12. A tree conservation and Open Space easement shall be PM PS/CE recorded on portions of proposed parcels two and three as shown in EXHIBIT C. 13. All driveways shall incorporate retaining walls to avoid/minimize BP PS impacts to adjacent native trees. City Engineer Project Conditions 14. Escarpa Ave and Pinal Ave shall be overlaid with 2 inches of FM PW asphalt along the entire property frontage. Public Works Department will inspect the work. Contractor to obtain an ITEM NUMBER DATE: 11-1-05 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure TPM 2005-0072 AT 05-0142 PM: Parcel Map GP: Grading Pnnt PS: Planning Services BP: Building Prmt BS: Building Services TO: Temporary Occupancy FD: Fire Department 5155 Escarpa Ave. FO: Final Occupancy PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company encroachment permit prior to starting work. 15. Obtain approval by the City Engineer of the grading & drainage FM PW plan and the storm drain design & facilities. 16. Submit calculations to support the design of any structures or pipes. Closed conduits shall be designed to convey the 10 year flow with gravity flow, the 25 year flow with head, and provide safe conveyance for the 100 year overflow. 17. Each lot shall provide for the detention of the 50 year developed storm runoff, while metering out the 2 year undeveloped storm runoff. 18. Concentrated drainage from off-site areas shall be conveyed across 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 or Caltrans approval can not be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. 19. The building envelope for Lot 3 will be located outside of the drainage area, subject to the approval of the City Engineer. City Engineer Standard Conditions 20. All public improvements shall be constructed in conformance with BP PW 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 PW 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 PW review and approval by the City Engineer to determine the amount of the bond. 23. The Subdivision Improvement Agreement shall record concurrently FM PW with the Final Map. 24. An encroachment permit shall be obtained prior to the issuance of BP PW building permit. 25. The applicant shall be responsible for the relocation and/or BP PW alteration of existing utilities. ITEM NUMBER DATE: 11-1-05 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure TPM 2005-0072 AT 05-0142 PM: Parcel Map GP: Grading Pnnt PS: Planning Services BP: Building Prmt BS: Building Services TO: Temporary Occupancy FD: Fire Department 5155 Escarpa Ave. FO: Final Occupancy PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company 26. The applicant shall install all new utilities (water, gas, electric, cable BP PW TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 27. The applicant shall monument all property corners for construction FM PW control and shall promptly replace them if disturbed. 28. The applicant shall acquire title interest in any off-site land that may FM PW 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. 29. Slope easements shall be provided as needed to accommodate FM PW cut of fill slopes. 30. Drainage easements shall be provided as needed to accommodate FM PW both public and private drainage facilities. 31. A preliminary subdivision guarantee shall be submitted for review in FM PW conjunction with the processing of the parcel map. 32. All existing and proposed utility, pipeline, open space, or other FM PW easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 33. The final map shall be signed by the City Engineer prior to the map FM PW being placed on the agenda for City Council acceptance. 34. Prior to recording the parcel map, the applicant shall submit a map FM PW drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 35. Prior to recording the parcel map, the applicant shall set FM PW monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 36. Prior to recording the parcel map, the applicant shall pay all FM PW outstanding plan check/inspection fees. 37. Prior to recording the map, the applicant shall complete all FM PW ITEM NUMBER DATE: 11-1-05 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure TPM 2005-0072 AT 05-0142 PM: Parcel Map GP: Grading Pnnt PS: Planning Services BP: Building Prmt BS: Building Services TO: Temporary Occupancy FD: Fire Department 5155 Escarpa Ave. FO: Final Occupancy PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company improvements required by these conditions of approval. 38. Prior to recording the parcel map, the applicant shall have the map FM PW reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 39. Upon recording the final map, the applicant shall provide the City FM PW with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 40. Prior to the final inspection of any public improvements, the FM PW applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 41. Prior to the final inspection, the applicant shall submit a written FM PW certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. Atascadero Mutual Water Company: Before recordation of the final map, the applicant shall submit plans to PM AMWC 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. Before the start of construction on the water system improvements, the PM AMWC 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. Before issuance of building permits, the applicant shall obtain a "Will Serve" BP/GP AMWC letter from AMWC for the newly created lots within the subdivision. Separate water meters for domestic water service are required for each PM AMWC individual lot within the subdivision. The applicant is responsible for designing and constructing water system PM AMWC improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. ITEM NUMBER DATE: 11-1-05 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure TPM 2005-0072 AT 05-0142 PM: Parcel Map GP: Grading Pnnt PS: Planning Services BP: Building Prmt BS: Building Services TO: Temporary Occupancy FD: Fire Department 5155 Escarpa Ave. FO: Final Occupancy PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Mitigation Measures Mitigation Measure 1.c.1: A landscape plan prepared by a qualified BP PS/BS 1.c.1 professional shall be submitted with future building permits should the home site design include any cut and fill slopes. All cut and fill slopes will be revegetated with native grasses, shrubs, and trees consistent with the surrounding vegetation. Mitigation Measure 1.c.2: Any retaining walls shall be constructed of dark BP PS/BS 1.c.2 color split face block or better and shall be designed to blend in with the existing terrain. Mitigation Measure 3.b.1: The project shall be conditioned to comply BP PS/BS 3.b.1 with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in section 6.4 of the Air Quality Handbook. All site grading and demolition plans notes shall list the following regulations: 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. ITEM NUMBER DATE: 11-1-05 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure TPM 2005-0072 AT 05-0142 PM: Parcel Map GP: Grading Pnnt PS: Planning Services BP: Building Prmt BS: Building Services TO: Temporary Occupancy FD: Fire Department 5155 Escarpa Ave. FO: Final Occupancy PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast -germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.e.1: The building permit site plan shall identify all BP BS/PS 4.e.1 protection and enhancement measures recommended by a Certified Arborist in a Tree Protection Plan. Tree protection fencing shall be installed at the drip lines of all native trees potentially affected by construction activities. Should construction activities encroach into the drip line of any native tree, monitoring by the project arborist shall be required. Mitigation Measure 4.e.2: Grading and excavation shall be consistent BP BS/PS 4.e.2 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 drip line 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 ITEM NUMBER DATE: 11-1-05 Conditions of Approval / Mitigation Monitoring Program TPM 2005-0072 AT 05-0142 5155 Escarpa Ave. Timing PM: Parcel Map GP: Grading Pnnt BP: Building Prmt TO: Temporary Occupancy FO: Final Occupancy PI: Public Improvements Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Mitigation Measure 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.3: The developer shall contract with a certified BP BS/PS 4.e.3 arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining an 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. (c) As specified by the City staff: ■ Fencing: Must be a minimum of 4' high chain link, snow or safety fence staked at the drip -line or line of encroachment for each group of trees. The fence must be up before any construction or earth moving begins. The arborist(s) shall inspect the fence placement once it is erected. ■ Soil Aeration Methods: Soils under the 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(s) 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 the 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. Trenching will occur during septic line construction and water line construction. ■ Grading Within the 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 disturb 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 ITEM NUMBER DATE: 11-1-05 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure TPM 2005-0072 AT 05-0142 PM: Parcel Map GP: Grading Pnnt PS: Planning Services BP: Building Prmt BS: Building Services TO: Temporary Occupancy FD: Fire Department 5155 Escarpa Ave. FO: Final Occupancy PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company day they were exposed. ■ Paving within the Drip Line: Pervious surfacing is preferred within the drip line of any oak tree. ■ Equipment Operation: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. ■ Existing Surfaces: The existing ground surface within the drip - line of all oak trees shall not be cut, filled, compacted, or pared. ■ Construction Materials and Waste: No liquid or solid construction waste shall be dumped on the ground within the drip -line of any oak tree. ■ Arborist Monitoring: An arborist shall be present for road and house grading, septic line/water trenching, and pre -construction fence placement. The monitoring does not necessarily have to be continuous but observational at times during the above activities. ■ Pre -Construction Meeting: An on-site pre -construction meeting with the Arborist(s), Owner, Planning Staff, and the earthy moving team shall be required for this project. Prior to final occupancy, a letter from the arborist(s) 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(s) were on site for all grading and/or trenching activity that encroached into the drip line of the native trees, and that all work done in these areas was completed to the standards set forth above. (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 4.e.4: All future development shall be located within GP/BP BS/PS 4.e.4 the approved building envelope as shown on the approved Tentative Map. A separate sheet shall be recorded with the final map delineating the extent of the buildable area. Any development proposed outside of the approved building envelope will require a Precise Plan application be submitted prior to the issuance of any building permit. Mitigation Measure 4.e.5: All native tree removals associated with GP/BP BS/PS 4.e.5 construction on proposed parcels 2 and 3 shall be mitigated for in accordance with the Atascadero native Tree Ordinance. Future construction proposals shall include design measures which minimize disturbance of the existing topography and avoid impacts to native trees. Mitigation Measure 6.b.1: All disturbed areas shall be hydro seeded with GP/BP BS/PS 6.b.1 a native seed mix. Erosion control measures shall include an erosion control blanket for all 2:1 fill slopes. Affected areas that previously contained native shrubs and vegetation shall be replanted with similar plant species per an approved landscape plan. Duration of theproject: ITEM NUMBER DATE: 11-1-05 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure TPM 2005-0072 AT 05-0142 PM: Parcel Map GP: Grading Pnnt PS: Planning Services BP: Building Prmt BS: Building Services TO: Temporary Occupancy FD: Fire Department 5155 Escarpa Ave. FO: Final Occupancy PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company The contractor will be responsible for the clean-up of any mud or debris that is tracked out on to Escarpa Ave., Pinal Ave., and/or the private access drive by construction vehicles. Mitigation Measure 6.c.d.1: A soils report shall be required to be GP/BP BS/PS 6.c.d.1 submitted with a future building permit. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. The property contains no unusual geological formations. Mitigation Measure 6.e.1: Percolation tests shall be required with the GP/BP BS/PS 6.e.1 submittal of any building permits for construction of a residence on Parcels 2 and 3. The proposed waste disposal system shall be reviewed and approved by the City engineer prior to the issuance of any building permit. Mitigation Measure 7.g.h.1: Consistent with Fire Department standards, GP/BP BS/PS 7.g.h.1 any access way to a future residence on proposed Parcels 2 and 3 shall be no greater than 20% in slope at any point along the driveway. Mitigation Measure 11.d.1: All construction activities shall comply with GP/BP BS/PS/FD 11.d.1 the City of Atascadero Noise Ordinance for hours of operation. ITEM NUMBER DATE: 11-1-05 EXHIBIT C: Tentative Parcel Map (AT 05-0142) Draft Resolution PC 2005-0079 TPM 2005-0072 ITEM NUMBER: 3 DATE: 11-1-05 EXHIBIT D: Conceptual Grading and Drainage Plan Draft Resolution PC 2005-0079 TPM 2005-0072 •r; o 0 I ROOM- J f�. / �� t� r�►i" y 1�' i ITEM NUMBER: 3 DATE: 11-1-05 EXHIBIT E: Tree Removal Chart Draft Resolution PC 2005-0079 TPM 2005-0072 Evergreen Native Trees (inches) Deciduous Native Trees (inches) dbh notes dbh notes 1 1 9 -inches 2 2 16 -inches 3 3 10 -inches 4 4 7 -inches 5 5 15 -inches 6 6 Total 0 -inches Mitigation Requirement Tree Fund Payment: $ Total 57 -inches Tree Fund Payment: $ 950.00 Totals 57 -inches $ 950.00 ITEM NUMBER: 4 DATE: 11-1-05 Atascadero Planning Commission Staff Report - Community Development Department EI Camino Real Lube & Go with Car Wash CUP AMENDMENT 2004-0144 (Atascadero Enterprises) I_T411,101:00] 1! 1 �7 On May 19, 2005, the Planning Commission voted 5-2 to approve the proposed project with a condition that the design be refined for additional staff or Commission review. On May 24, 2005, the applicant submitted revised plans for staff and Commission review. In October 2005, the applicant submitted building plans for the proposed project. Upon staff review, it was noted that the building elevations and site plan varied from the CUP Master Plan of Development and would require Planning Commission approval. RECOMMENDATION: 1. The Planning Commission adopt Resolution PC 2005-0091 to approve CUP Amendment 2004-0144 amending Master Plan of Development (Conditional Use Permit 2004-0144) based on findings and subject to conditions of approval. Situation and Facts: 1. Applicant / Representative: Atascadero Enterprises 2505 Theatre Drive, Suite A Paso Robles, CA 93446 2. Project Address: 7095 EI Camino Real (APN 030-081-008) (San Luis Obispo County) 3. General Plan Designation: GC - General Commercial 4. Zoning District: CR (Commercial Retail) 5. Redevelopment Area: Yes ITEM NUMBER: 4 DATE: 11-1-05 6. Site Area: 17,059 square feet 7. Existing Use: Vacant building 8. Environmental Status: Certified Mitigated Negative Declaration 2005-0002 PROJECT DESCRIPTION: The project is focused only on the increase in building height and elimination of a landscape planter as analyzed below. ANALYSIS: The applicant proposes two specific changes which exceeds staff's approval ability as follows: 1. The building height has been increased from 21'/2 feet to 23'/2 feet for a total increase of 2 feet. The garage service doors/openings have increased from 9 feet to 12 feet for a total of 3 feet. Increased �� - Proposed .. Building Height �•� - ww:/ - v —=-------al—;{—a ---- IncreasedI, I I� Door &Gable --I� I _ IL Height ITEM NUMBER: 4 DATE: 11-1-05 2. The 6 -foot wide landscape planter along the north side of the carwash facility has been deleted. ENVIRONMENTAL DETERMINATION: The proposed Amendment is consistent with Certified Mitigated Negative Declaration 2005-0002. CONCLUSION: Staff has reviewed the revised plans and has determined that the plan changes require an Amendment to the approved Master Plan of Development. Staff believes that the proposed changes are consistent with the intent of the original Planning Commission approval of an automotive maintenance facility on the proposed site. ALTERNATIVES: 1. The Commission may modify the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. ITEM NUMBER: 4 DATE: 11-1-05 3. The Commission may approve the project, as conditioned. Findings for project approval have been prepared, as attached. The Commission should specify the reasons for approval of the project and make an associated finding with such action. PREPARED BY: Steve McHarris, Deputy Community Development Director ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Certified Mitigated Negative Declaration and Initial Study Attachment 3: Draft Resolution of Approval for Conditional Use Permit Amendment \\Cityhall\cdvlpmnt\- CUP - Conditional Use Permits\CUP 04\CUP 2004-0144. Lube&GoWmendment Oct 05\CUP 2004-0144.PC-SR.sm Nov 1 st.doc ITEM NUMBER: DATE: 11-1-05 Attachment 1: Location Map, General Plan and Zoning Existing Designations: -General Plan: GC (General Commercial) -Zoning District: CR (Commercial Retail) ITEM NUMBER: DATE: 11-1-05 Attachment 2: Certified Mitigated Negative Declaration 2005-0002 See Attached ITEM NUMBER: 4 DATE: 11-1-05 ATTACHMENT 3: Draft Resolution PC 2005-0091 CUP Amendment 2004-0144 Conditional Use Permit Amendment DRAFT RESOLUTION PC 2005-0091 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT AMENDMENT 2004-0144 APN 030-081-008 (7095 El Camino Real / Atascadero Enterprises) WHEREAS, an application has been received from Atascadero Enterprises (2505 Theatre Drive, Ste. A, Paso Robles, CA 93446), applicant and property owner, to consider an amendment to the Master Plan of Development (CUP 2004-0144) project consisting of a 3 -foot increase in building height, and increase in garage door bay height and a reduction in landscaping located at 7095 El Camino Real (APN 030-081-008); and, WHEREAS, the site's General Plan Designation is GC (General Commercial); and, WHEREAS, the site's current Zoning District is CR (Commercial Retail); and WHEREAS, the proposed project is consistent with Certified Mitigated Negative Declaration 2005-0002 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 Amendment 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 Conditional Use Permit; and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on November 1, 2005, following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. CEQA Findings. The Planning Commission finds as follows: ITEM NUMBER: 4 DATE: 11-1-05 1. The proposed project has been determined to be consistent with Certified Mitigated Negative Declaration 2005-0002. SECTION 2. Findings for Approval of Conditional Use Permit Amendment. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed projector use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 6. The proposed amendment is consistent with the original Master Plan of Development for an automotive use at the subject site. ITEM NUMBER: 4 DATE: 11-1-05 SECTION 3. Approval of Conditional Use Permit Amendment. The Planning Commission does hereby approve Conditional Use Permit Amendment 2004-0144, amending Master Plan of Development (CUP 2004-0144), to allow an additional 3 -foot building height and deletion of a landscape planter from the previously approved building located at 7095 El Camino Real (APN 030-081-008), consistent with the following Exhibits: EXHIBIT A: Conditions of Approval EXHIBIT B: Revised Site and Landscape Plan EXHIBIT C: Revised Building Elevations 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: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 11-1-05 EXHIBIT A: Conditions of Approval Lube and Go CUP Amendment (CUP 2004-0144) Master Plan of Development Amendment Conditions of Approval / Timing Responsibility Notes Mitigation Monitoring Program /Monitoring PS: Planning Services BL: Business BS: Building Services Lube and Go License FD: Fire Department CUP Amendment (CUP Amendment 2004-0144) GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Master Plan of Development Amendment p Occupancy FO: Final Occupancy Planning Services 1. This Conditional Use Permit Amendment shall be for Lube and Go as BP PS described on the attached exhibits and located on parcel 7095 EI Camino Real (APN 030-081-008) regardless of owner. 2. The Community Development Department shall have the authority to BP 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. 3. Approval of this Conditional Use Permit Amendment shall be valid with BP PS the original CUP approval. 4. All subsequent construction permits shall be consistent with the Master BP PS, CE Plan of Development Amendment contained herein. 5. All applicable conditions and mitigation measures from CUP 2004-0144 BP PS shall apply. ITEM NUMBER: 4 DATE: 11-1-05 Exhibit B: Revised Site / Landscape Plan 'VON013IM31 NI Noi3iahl3d 981 '1� lwmls-ov N. agni WC1J 03HVd3hid IV3U ONIVV40V,�OW.30NVOOGS3VIIVVONOII as 01 t4svm wo aw mem =no v . .. .......... mr O + 4444 z ,4 ry m4 11 X1-. 41 .2 2 412 0 4,g �2 4-- (�g to 'A 11 IF 11 11-1 11 2 11 1 Ila I 1z OX 1. �o Lu -1 UP 50 UP VF DO w Z. Z io Z'o Cii Xg 0- n, ZU X. D. o w p z°oc 27 F- 1=3 W zII II < En Co Z) LA ITEM NUMBER: 4 DATE: 11-1-05 Exhibit C: Revised Elevations az T'1 '6361bdb31N5 Pb3Q'v75d1V b'A—'��61'7'T'dbI X11 nosP-.." ui �wb oHwo> �3 uo paao�o� aq oy 6N0� a3Hs1Hidaeoa 1115aiusa�.-msmsumrry ulnasv�-rs ITEM NUMBER: 4 DATE: 11-1-05 Exhibit C: Revised Elevations — aii'iu's0u T -I '635RlCM3YN9 OLI3Ob75b'YY �q � � a.�'R YJ'-m.avy �udwc3m ,.y �wi Mal saa _ _ j y �irsidiueeoe oow Jeo7 o.apooaw�y w &RD¢�dii'8'i� � `a � '� C 5 � Wa21 ulwo� g uo paamol a9 oY =53M Oua—"SriCN Y ; 113H51� ltl 3�eDtl �M ITEM NUMBER: 5 DATE: Atascadero Planning Commission Staff Report - Community Development Department 6910 Navajoa Ave ZCH 2004-0087/CUP 2004-0133/TPM 2004-0056 (Vaughn and Young) RECOMMENDATIONS: Staff Recommends Planning Commission: 1. Adopt Resolution PC 2005-0087 recommending that the City Council certify Proposed Mitigated Negative Declaration 2005-0052; and, 2. Adopt Resolution PC 2005-0088 recommending that the City Council introduce an ordinance for first reading by title only, to approve Zone Change 2004-0087 based on findings; and, 3. Adopt Resolution PC 2005-0089 recommending that the City Council approve Conditional Use Permit 2004-0133 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Adopt Resolution PC 2005-0090 recommending that the City Council approve Tentative Parcel Map 2004-0056 based on findings and subject to Conditions of Approval and Mitigation Monitoring. SITUATION AND FACTS: 1. Applicant / Owners: Donald Vaughn, 605 Garcia Rd., Atascadero, CA 93422 Randy Young, P.O. Box 744, San Miguel, CA 93451 2. Project Address: 6910 Navajoa Avenue (APN 030-373-020) (San Luis Obispo County). 3. General Plan Designation: MDR (Medium Density Residential, 10 units/ acre) ITEM NUMBER: 5 DATE: 4. Zoning District: RMF -10 (Residential Multi -Family, 10 units/ acre) 5. Site Area: 0.49 acres (+/-) 6. Existing Use: Single -Family residence 7. Environmental Status: Proposed Mitigated Negative Declaration 2005-0052 DISCUSSION: Surrounding Land Use and Setting: Project Site: 6910 Navajoa Ave Library v� 1 s� San Andres Avenue North: Residential Multi -Family -10 East: Multi -Family Residential -16 South: Residential Multi -Family -10 West: Single -Family Residential -x The proposed project consists of an application for a Zone Change, Conditional Use Permit, and Tentative Parcel Map for the construction of four (4) detached single-family dwellings to be developed under the requirements of the Planned Development #25 Overlay standards within the Residential Multi -Family (RMF -10) Zoning District with a maximum density of 10 dwelling units per acre. The subject site is approximately 0.49 net acres with a maximum density of five (5) dwelling units, based on development standards. Development along Navajoa Avenue largely consists of single-family residences on relatively small lots. As proposed, the project would demolish one single-family residence and an accessory structure. The proposed residences range in size between 1,440 square feet and 1,894 square feet, three (3) of which are 2 -story. ITEM NUMBER: 5 DATE: 11-1-05 The subject site is relatively flat and contains variety in vegetation. One seven (7) inch live oak is proposed for removal. ANALYSIS: The proposed site plan has been designed to meet the requirements of the Atascadero Municipal Code, General Plan, and the Appearance Review guidelines in the Appearance Review Manual. As a Planned Development, the project must provide high quality architectural, landscape, and site design to justify the granting of special development overlay standards. Appearance Review Site Plan, Parking, Circulation The project is designed around a central parking court and includes the following site design elements: • Accent landscaping • Decorative stamped concrete with concrete walkways to residences • Garages are blocked from street view i� PAWU 6 /J11 rb : I Planned Development #25 requires specific building, porch, and garage setbacks. Staff has reviewed each lot and building placement for setback consistency. ITEM NUMBER: 5 DATE: Based on parking requirements, a minimum of eleven (11) parking spaces are to be provided on-site for the proposed residential units. Twelve (12) parking spaces are provided throughout the project with two (2) covered spaces for each residential unit and one (1) guest parking space provided on each lot. Access is provided off of Navajoa Avenue. Architecture, Materials, and Color The following design features have been incorporated into the project, compatible with the surrounding neighborhood and in compliance with the standards for a Planned Development: • Varied elevations • Material variety (stucco and wood siding) • Traditional window design & transom window features • Wood beams, decorative gable siding • Varied rooflines Plan B Plan A Landscape Design iFzEn Plan C-1 Tree LeSaW Shn:Sa and (ittwrd C'n�cr Lcgrn.. Accordi n g to :� the ITEM NUMBER: 5 DATE: -ii-i-ns; project arborist, existing onsite vegetation includes live oak, elm, apple, cherry, plum, almond, and English walnut trees. Much of the existing vegetation will be removed and replaced with ornamental trees. Proposed landscaping includes drought tolerant shrubs and a combination of evergreen and deciduous trees. Native Tree Mitiaation/Preservation A tree removal application for one (1) 7 -inch dbh native live oak tree is included with the proposed development. 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 chart provided below. Evergreen Native Trees (inches) Deciduous Native Trees (inches) Totals dbh notes dbh notes 1 7 -inches 1 2 2 3 3 4 4 5 5 6 6 Total 7 -inches Total 0 -inches 7 -inches Mitigation Requirement req'd tree replacements: 2 five gal trees req'd tree replacements: 0 five gal trees 2 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 2 five gal trees Remaining Mitigation 0 five gal trees 2 five gal trees Tree Fund Payment: $ 116.67 Tree Fund Payment: $ $ 116.67 Site Drainage and Wastewater The project is designed to connect with City sewer and the City storm drain system located north of the project site along Navajoa Avenue (Utility Plan). Project Benefits One of the required findings for approval of a Planned Development is that the project must "offer certain redeeming features to compensate for the requested modification." The table provided below outlines Council policy on Planned Development benefits. To approve this project, the Planning Commission must find that the project offers all of the tier 1 benefits to qualify for a Planned Development project. ITEM NUMBER: 5 DATE: 11.1 _ns 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 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 Inclusionary and Workforce Housin This program requires the proposed project to either provide one deed -restricted moderate -income unit for a 30 -year period or pay an in -lieu fee (CUP Condition 14 and TPM Condition 11). According to the San Luis Obispo County Department of Planning & Building, a 3 - bedroom moderate unit qualifies if the sales price does not exceed $281,263 with a 30 - year deed restriction (numbers are subject to change). Tentative Parcel Map A Tentative Parcel Map (TPM 2004-0056) is proposed as part of the project consistent with the proposed Master Plan of Development and proposed PD -25 Overlay Zone. The Parcel Map has been conditioned by staff to meet all City standards including on-site and off-site improvements. The applicant will be required to record CC&R's with the map that will include maintenance and access of common areas (Condition CUP 19/TPM 10). Fiscal Impacts The project may have a slight negative impact on City revenues. Single-family dwellings often require services that exceed the revenue generated by the proposed uses. CUP Condition 18 is included so that emergency services and facility maintenance costs are funded by the project. General Plan Consistency The proposed project is consistent with the following General Plan Land Use and Housing Element Policies: ITEM NUMBER: 5 DATE: Land Use Policy 1.1: "Preserve the rural atmosphere of the community and assure "elbow room" in areas designed for lower density development by guiding new development into the Urban Core to conform to the historic Colony land use patterns of the City and to respect the natural environment, hillside area and existing neighborhoods". Land Use Program 1.1.7: "Within the Urban Core encourage infill development or revitalization or reuse of land already committed to urban development where utilities and public services exist. Land Use Policy 2.1: "Ensure that new development is compatible with existing and surrounding neighborhoods". Housing Element Policy 4.3: "Encourage attractive architecture and site landscaping that respect terrain and native trees". The proposed project is consistent with the goals and policies of the Land Use Element and the Housing Element of the General Plan. The project will provide 4 detached single-family residential units within the Medium -Density residential zone. As conditioned, the project incorporates elements that are consistent with the scale and character of the surrounding residential neighborhood. Findings Planned Development Overlay As specified in the City's General Plan and Zoning Ordinance, the following specific findings for the proposed Zone Change shall be made in order to approve the proposed project: 1. The proposed Zone Change is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. 2. The proposed Zone Change is compatible with existing development, neighborhoods and the environment. 3. The proposed Zone Change will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 4. The proposed Zone Change is consistent with the project -specific Mitigated Negative Declaration. Conditional Use Permit (Master Plan of Develoamen 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 ITEM NUMBER: 5 DATE: must make the following five findings to recommend approval of the proposed Master Plan of Development: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The use is consistent with the General Commercial designation of the General Plan and General Plan Land Use Element Policy 1.1, 1.1.7, 2.1, and Housing Element Policy 4.3. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the Planned Development Ordinance. Staff Comment: As conditioned, the project satisfies all Conditional Use Permit and Planned Development zoning code provisions. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment: The proposed residential development will not be detrimental to the general public or person's 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 proposed project is compatible with the surrounding neighborhood by providing a transition from multi -family land use with compact single-family residential dwellings. The project has been designed to enhance the appearance along Navajoa Avenue with compatible architecture and project landscaping. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: The proposed project and use is consistent with the traffic projections and road improvements anticipated within the General Plan and as proposed by the applicant. ITEM NUMBER: 5 DATE: 11-1-n5 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 October 13, 2005. The environmental analysis identified concerns with aesthetics, air quality, biological resources, and noise. 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 Developing the property with a medium density detached single-family project is consistent with the General Plan and compatible with the surrounding neighborhood. The project incorporates appearance review of architectural design, materials, and landscaping, and incorporates architectural themes into the site and building design, as conditioned. Native trees have been preserved where feasible and required conditions and mitigation measures have been incorporated into the project. As analyzed within the project Initial Study and Draft Mitigated Negative Declaration, the proposed Master Plan of Development would have no significant environmental impacts and will not be detrimental to the general public or their health, safety, or welfare. Based on staff's analysis in the preceding sections, it appears that all of the required findings for project approval can be made. ALTERNATIVES 1. The Commission may recommend modifications to the project and/or conditions of approval for the project to the City council. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to ITEM NUMBER: 5 DATE: develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may recommend the City Council deny the project. The parcel would retain its designation of Residential Multi -family. The Commission should specify the reasons for denial of the project and recommend an associated finding with such action. PREPARED BY: Lisa Wilkinson, Assistant Planner ATTACHMENTS: Attachment 1: Location, General Plan, and Zoning Map Attachment 2: Arborist Report Attachment 3: Proposed Mitigated Negative Declaration and Initial Study Attachment 4: Draft Resolution 2005-087 Attachment 5: Draft Resolution 2005-088 Attachment 6: Draft Resolution 2005-089 Attachment 7: Draft Resolution 2005-090 ITEM NUMBER: 5 DATE: 11-1-n5 Attachment 1: Location Map, General Plan and Zoning Project Site: 6910 Navajoa Ave ' p G� ti San Andres Avenue - - Attachment 2: Arborist Report ASSIGNMFNT ITEM NUMBER: 5 DATE: 11_1_nr% I )r%Lnhe the site conditions and any impact to native trees by construction. Also, purposed alterations including drainage paths and mitigation proposals for each impacted native tree. The report will include size, species, impacts, numbering and when monitoring is required. Also included will be pruning notes and special mitigation measures if any encrochment occurs. Native trees that are within twenty feet of Anawniction are included in the map or chart and they will be fenced at the drip line Pre -construction. Other standards and conditions will be in the discussion element of this report. OBSERVATIONS AND ANALYSIS ere are four coastal live oaks Quercus agJrifolia labeled LO at 6910 Navajua. There is janother live oak on the neighboring property all five trees wi11 be impacted by the bonstruction. It is well documented that the coastal live oaks have a good relative �olerance to construction but they are sensitive to additional 611 soil around the base of the trunk. One tree number two, will be removed it has grown within a few feet from trees numbering three and four also it has wounds to large to heal over and fungus below four feet. The roots of trees three and four will use this spot. Trees one three and four (Not Five) shall have chip mulch spread under the drip line but not next to the trunk. This is for compaction protection it will also stimulate root growth. All work done within the drip line shall be done with the arborist of record present. Roots up to 18 inches deep should be located by hand trenching. If they are one-half of an inch or larger in diameter khev shall be cut with a saw. Attachment 2: Arborist Report continued DISCUSSIONS ITEM NUMBER: 5 DATE: 11_1_nr% Vaughn moved unit two ten feet to make the impact to tree number five considerably The impact to these trees is a small percent further mitigation would be unnecessary. If planting is called for mitigation plants should be watered once a week the year, every two weeks the second year and once a month the third year. This lemental irrigation should be applied from April through December. They shouk receive six to nine gallons per cycle. Plant material should be planted in the fall to re( summer heat and the need for supplemental irrigation. Weeds shall be removed three feet of the mitigation trees until the oaks are established. They shall be h pulled by hand. No herbicides may be used. Mulch must be reapplied when Landscaping within the drip line shall be kept to a minimum. Plant materi shall be drought tolerant. No plantings shall occur within ten feet of the trunk. Plants should be used as accents rather than ground covers. Selected plants shall not a mature height that will not grow into or compete with the canopy. According to the Atascadero Municipal Code 1-3.10, "All trees within twenty feet of construction shall be fenced prior to any construction activities. The fence should be pkkxd at the drip line and have a warning sign laminated, a minimum of 8.5 x 1 l inch( and clearly state: WARNING - Tree Protection Zone". Phis fence shall not be removed and is subject to a penalty according to Atascadero Municipal Code Section 1-3.10. The fence shall be a minimum of four feet high and supported by stakes at least ten feet on center. Fencing must not be moved during construction. No dirt or construction material shall be placed within the drip line. Attachment 2: Arborist Report continued ITEM NUMBER: 5 DATE: 11_1_nr% :.F,. u 1 1, /_w -r Encrochment (grade changes -cuts, fills or trenching) within the drip line shall be kept to a minimum. Roots removed over one inch in diameter shall be cut with a saw. Trenches within the drip line shall be hand dug. Roots one -and -one half to two inches in diameter should be left unless approved by the arborist of record. No trenching shall occur within fifteen feet of any trunk. Drainage of any impermeable surfaces such as driveways and roofs shall be directed away from the oaks. No soil sterilants shall be used within 50' of the drip line of any oaks. All pruning shall be done to International Society of Arboriculture standards, any dead wood and always less than 25% of the canopy, etc. The arborist shall report to the city any discrepancy as far as tree location or status. This M shall be brought to the attention of the city and the tree protection plans shall be amended as necessary. If drip line encroachments occur, the city and the arborist will require special mitigation measures. l CONCLUSIONS The City requires an onsite pre -construction meeting with the arborist, owner planting staff and the earth moving team. The arborist will review important standards and conditions at this time. The City also requires a final letter by the arborist verifying the health/condition of the impacted trees and any recommendations for additional mitigation. The letter should also verify that the arborist was on site for all grading/activity that encroaches into the drip line of the native tines, and that all work was done to standards and methods set by the arborist. Loss or alteration of this report invalidates the entire report. ITEM NUMBER: DATE: 11-1-05 Attachment 3: Proposed Mitigated Negative Declaration and Initial Study (See attached) ITEM NUMBER: 5 DATE: ATTACHMENT 4: Draft Resolution PC 2005-0087 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 2005-0052 PREPARED FOR ZONE CHANGE 2004-0087, TENTATIVE PARCEL MAP 2004-0056 AND CONDITIONAL USE PERMIT 2004-0133 ON APN 030-373-020 (6910 Navajoa Ave/Vaughn and Young) WHEREAS, an application has been received from Donald K. Vaughn (605 Garcia Road, Atascadero, CA 93422) and Randy Young (P.O. Box 744, San Miguel, CA 93451), Applicant and Property Owners, to consider a project consisting of a Zone Change from RMF -10 (Residential Multi -Family -10) to RMF-10/PD-25 (Residential Multi -Family -10 with Planned Development Overlay #25) with corresponding Master Plan of Development and Tentative Parcel Map on a 0.49 -acre site located at 6910 Navajoa Ave.(APN 030-373-020); and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2005-0052 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 November 1, 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 2005-0052 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: 5 DATE: 11-1-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 Exhibit A Proposed Mitigated Negative Declaration 2005-0052 ITEM NUMBER DATE: 11-1-05 CITY OF ATASCADERO PROPOSED MITIGATED NEGATIVE DECLARATION #2005-0052 6905 EI Camino Real, Suite 6 Atascadero, CA 93422 805/461-5000 Applicant: Donald Vaughn, 605 Garcia Road, Atascadero, CA 93422 805-239-5152 Project Title: Zone Change 2004-0087, Conditional Use Permit 2004-0133; Tentative Parcel Map 2004-0056 for a 4 -lot Planned Development subdivision Project 6910 Navajoa Avenue, Atascadero, CA 93422 (Single Family Residence) Location: (San Luis Obispo County) APN 054-032-044. Project The proposed project consists of an application for a Zone Change, Conditional Use Permit, and Description: Tentative Parcel Map for the construction of four new detached single-family homes on individual lots that will be developed under the requirements of the Planned Development overlay district standards within the Residential Multi -Family (RMF -10) zoning district. The proposed residences range in size between 1,440 square feet and 1,894 square feet. The project includes one home per lot each with a two -car garage and one parking space in each driveway. A seven (7) inch live oak is proposed for removal. General Plan Designation: Medium Density Residential — MDR Zoning District: Residential Multiple Family — RMF -10 Findings: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. 3. The project does not have impacts which are individually limited, but cumulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. 5. Determination: Based on the above findings, and the information contained in the initial study 2005-0052 (made a part hereof by reference and on file in the Community Development Department), it has been determined that the above project will not have an adverse impact on the environment when the following proposed mitigation measures are incorporated into the project (see attachment). Prepared By: Date Posted: Public Review Ends: Attachments: Lisa Wilkinson, Assistant Planner October 13, 2005 November 1, 2005 - Location / Zoning Map - Site Plan - Elevations - Grading and Drainage Plan - Landscape Plan - Tree Protection Plan F&Z Nq 97 N—j. M� ISMfN.da P,mt Wm 10111A53:M PM 6905 EL CAMINO REAL, SUITE 6 • ATASCADERO, CALIFORNIA 93422 • (805) 461-5000 • FAX 461-7612 ITEM NUMBER: 5 DATE: ATTACHMENT 5: Draft Resolution PC 2005-0088 DRAFT RESOLUTION PC 2005-0005 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2004-0087, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 030-373-020 FROM RMF -10 (RESIDENTIAL MULTI -FAMILY —10) TO RMF-10/PD-25 (RESIDENTIAL MULTI -FAMILY —10/PLANNED DEVELOPMENT OVERLAY #25) (6910 Navajoa Ave. / Vaughn and Young) WHEREAS, an application has been received from Donald K. Vaughn (605 Garcia Road, Atascadero, CA 93422) and Randy Young (P.O. Box 744, San Miguel, CA 93451), Applicant and Property Owner, to consider a project consisting of a Zone Change from RMF -10 (Residential Multi -Family -10) to RMF-10/PD-25 (Residential Multi -Family -10 with Planned Development Overlay #25) with corresponding Master Plan of Development and Tentative Parcel Map on a 0.49 -acre site located at 6910 Navajoa Ave (APN 030-373-020); 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 2005-0052 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: 5 DATE: 11-1-n-5 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 November 1, 2005, studied and considered Zone Change 2004-0087, 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/PD25. 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 November 1, 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: 5 DATE: 11-1-05 BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 11-1-05 Exhibit B: Zone Map Amendment Diagram Subject Site r 1f C%0- m^ 0 ,V4 m� �m I Navajoa Ave. rp m San Andres Avenue Existing Designation: -Residential Multi -family - 10 Proposed Designation: - Residential Multi-Family-10/PD-25 ATTACHMENT 7: Draft Resolution PC 2005-0089 Approval of Proposed Master Plan of Development DRAFT RESOLUTION PC 2005-0089 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2004-0133 (MASTER PLAN OF DEVELOPEMNT) ON APN 030-373-020 (6910 Navajoa Ave. / Vaughn and Young) WHEREAS, an application has been received from Donald K. Vaughn (605 Garcia Road, Atascadero, CA 93422) and Randy Young (P.O. Box 744, San Miguel, CA 93451), Applicants and Property Owners, to consider a project consisting of a Zone Change from RMF - 10 (Residential Multi -Family -10) to RMF-10/PD-25 (Residential Multi -Family -10 with Planned Development Overlay #25) with corresponding Master Plan of Development and Tentative Parcel Map on a 0.49 -acre site located at 6910 Navajoa Ave (APN 030-373-020); 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-25 (Residential Multi- Family-10/Planned Development Overlay #25); and, WHEREAS, the PD -25 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 2005-0052 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 November 1, 2005, studied and considered the Conditional Use Permit 2004-0133 (Master Plan of Development), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including provisions of the PD -25 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, SECTION 2. Findings for Approval of Tree Removal. The Planning Commission finds as follows: 1. The trees are obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: ■ Early consultation with the City; ■ Consideration of practical design alternatives; ■ Provision of cost comparisons (from applicant) for practical design alternatives; ■ If saving tree eliminates all reasonable uses of the property; or ■ If saving the tree requires the removal of more desirable trees. SECTION 3. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on November 1, 2005, resolved to recommend that the City Council approve Conditional Use Permit 2004-0133 (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: Elevations Plan A EXHIBIT E: Elevations Plan B EXHIBIT F: Floor Plan C-2 EXHIBIT G: Elevations Plan C-1 EXHIBIT H: Grading and Drainage Plan EXHIBIT I: Color and Materials EXHIBIT J: Tree Protection Plan 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 -25 Master Plan of Development (CUP 2004-0133)/ ZCH 2004-0087 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 6910 Navajoa Ave. License FD: Fire Department PD -25 Master Plan of Development GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy F0: Final Occupancy Planning Services 1. 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 2004-0087 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority to approve BP/FM PS, CE the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. Any other changes to the Master Plan of Development shall be subject to City Council approval. Any associated Tentative Maps unless shall be subject to Planning Commission approval. 4. Approval of this Conditional Use Permit shall be valid for twenty-four (24) BP/FM PS months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 5. The applicant 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, E, F, G, and I with the following modifications: ■ All exterior material finishes (siding, trim, doors, windows, light fixtures, garage doors) shall be durable, high quality, and consistent with the architectural appearance. • Stucco siding shall be smooth troweled or similar. No machine finishes Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business BS: Building Services 6910 Navajoa Ave. License FD: Fire Department PD -25 Master Plan of Development GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer Fl: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy F0: Final Occupancy will be permitted. ■ Remove transom window on front Elevations A and B. 8. All site development shall comply with the standards of the Planned BP PS, BS Development 25 Overlay District. 9. All site work, grading, and site improvements shall be consistent with the BP/FM PS, BS, CE Master Plan of Development as shown in EXHIBIT B, C, and H. 10. All project fencing shall be installed consistent with EXHIBIT B and C subject GP/BP PS to the following modifications: ■ Fencing material and treatment shall comply with the PD25 standards. ■ All fencing shall be recessed from the fagade of the units along all street and parking court frontages. 11. Final selection of colors and materials identified in EXHIBIT I shall be subject GP/BP PS to staff approval. 12. A final landscape and irrigation plan shall be approved prior to the issuance of PF PS building permits and included as part of site improvement plan consistent with EXHIBIT C, and as follows: ■ All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. ■ All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site. ■ Final tree list shall be submitted with building permits, subject to staff approval. ■ Parking court and open space trees shall be minimum 15 -gallon size and double staked. ■ Front yard areas shall be landscaped with drought tolerant species, subject to staff approval. 13. The developer and/or subsequent owner shall assume responsibility for the Ongoing continued maintenance of all landscape and common areas, consistent with EXHIBIT C. 14. Affordable Housing Requirement: The applicant shall either designate one unit as moderate -income unit, deed -restricted for a 30 -year period or pay an in -lieu fee of 5% of the valuation of the market rate unit(s) prior to or concurrent with final map. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business BS: Building Services 6910 Navajoa Ave. License FD: Fire Department PD -25 Master Plan of Development GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer Fl: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy F0: Final Occupancy 15. Affordable Workforce Housing BP PS, CA Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve '/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; The Atascadero resident or worker restriction shall apply to the initial sale only; The applicant shall identify which units will be reserved; and The City Attorney shall approve the final form of the agreement. 16. A Tree Protection Plan shall be submitted with subsequent building permits GP/BP PS for encroachment within the drip line of native trees located on the subject parcel and any adjacent properties. The applicant will contract with a certified arborist to monitor all activity within the drip lines of existing native trees. 17. An address marker to include address for all units shall be located at the GP/BP PS public street access point. The address marker shall be compatible with the project architecture. 18. The emergency services and facility maintenance costs listed below shall BP PS be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. ■ 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. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business BS: Building Services 6910 Navajoa Ave. License FD: Fire Department PD -25 Master Plan of Development GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer Fl: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy F0: Final Occupancy 19. 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, including within an individual garage. f) A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. 20. Approval of this permit shall include the removal of 1 Native Tree, totaling 7 BP PS, BS inches dbh. The applicant shall be required to pay mitigation fees or provide replantings on-site per the requirements of the Atascadero Native Tree Ordinance. Any additional removals shall be subject to Planning Commission approval. City Engineer Conditions Grading and Drainage 21. Obtain approval by the City Engineer of the grading & drainage plan and the BP, GP CE storm drain design & facilities. 22. Submit calculations to support the design of any structures or pipes. Closed BP, GP CE conduits shall be designed to convey the 10 -year flow with gravity flow, the 25 -year flow with head, and provide safe conveyance for the 100 year overflow. 23. Provide for the detention of the 50 year developed storm runoff, while BP, GP CE metering out the 2 year undeveloped storm runoff. Metered runoff must follow existing drainage patterns. Onsite detention may be mitigated by the installation of a storm drain system that ties to the existing storm drain in Atascadero Ave. Applicant shall submit drainage calculations showing that adequate capacity is available. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business BS: Building Services 6910 Navajoa Ave. License FD: Fire Department PD -25 Master Plan of Development GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer Fl: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy F0: Final Occupancy 24. Show the method of dispersal at all pipe outlets. Include specifications for size BP, GP CE & type. 25. Existing drainage patterns from adjacent properties shall not be obstructed. BP, GP CE 26. All drainage from improvements shall cross property lines within drainage FM CE easements. Public Improvements and Maintenance: Navaioa Avenue 27. The applicant must provide for the repair and maintenance of on-site shared improvements. This includes roads, sidewalks, street trees, streetlights, private sewer system, drainage facilities, recreation areas and common landscaping. The two methods that may be used are: a. Homeowners Association. This private organization would be responsible for the maintenance, repair and replacement of the facilities. b. Assessment District and Landscape and Lighting District. Funds for the maintenance, repair and replacement of the facilities would be collected on the property tax bill and distributed to the City. The City Engineer and City Attorney shall approve the final form prior to recordation. 28. The Applicant shall widen Navajoa and construct curb and gutter, in BP, GP CE accordance with City Standards, along the entire property frontage. 29. The applicant shall overlay or slurry seal the entire street frontage of Navajoa, BP, GP CE as directed by the City Engineer. SANITARY SEWER CONDITIONS 30. The applicant shall pay sewer Extension (Annexation) and Connection fees BP, GP CE upon issuance of building permit. 31. Drainage piping serving fixtures which have flood level rims located below the BP, GP CE 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. 32. Each building shall be separately and independently connected with the public BP, GP CE sewer. 33. Private utility easements will be required for sewer laterals that cross private BP, GP CE Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business BS: Building Services 6910 Navajoa Ave. License FD: Fire Department PD -25 Master Plan of Development GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer Fl: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy F0: Final Occupancy property lines. 34. Prior to recording the final map, provisions for the repair and maintenance of 13P, GP CE the private sewer shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private sewer, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. 35. Gravity mains and other sewer facilities within the subdivision shall be 1313, GP CE privately owned and maintained. STANDARD CONDITIONS 36. 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. 37. 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. 38. 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. 39. The Subdivision Improvement Agreement shall record concurrently with the FM CE Final Map. 40. The applicant shall be responsible for the relocation and/or alteration of BP, GP CE existing utilities. 41. 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. 42. The applicant shall monument all property corners for construction control and FM CE shall promptly replace them if disturbed. 43. 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. 44. Slope easements shall be provided as needed to accommodate cut of fill FM CE slopes. 45. Drainage easements shall be provided as needed to accommodate both FM CE public and private drainage facilities. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business BS: Building Services 6910 Navajoa Ave. License FD: Fire Department PD -25 Master Plan of Development GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer Fl: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy F0: Final Occupancy 46. 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. 47. 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. 48. Prior to recording the 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. 49. Prior to recording the map, the applicant shall complete all improvements FM CE required by these conditions of approval 50. Prior to recording the tract map, the applicant shall have the map reviewed by FM CE all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the map. 51. 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. 52. 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. 53. 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. 54. An encroachment permit shall be obtained prior to any work within City rights BP, GP CE of way. 55. 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 56. Before recordation of the final map, the applicant shall submit plans to FM 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 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business BS: Building Services 6910 Navajoa Ave. License FD: Fire Department PD-25 Master Plan of Development GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer Fl: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy F0: Final Occupancy be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross-connection devices shall conform to AWWA and California Department of Health Services standards. 57. Before the start of construction on the water system improvements, the BP applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. 58. Before issuance of building permits, the applicant shall obtain a "Will Serve" BP letter from AMWC for the newly created lots within the subdivision. 59. Separate water meters for domestic water service are required for each BP individual dwelling. 60. The applicant is responsible for designing and constructing water system BP improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. Mitigation Measures 61. Mitigation Measure 1.c.1: The shared driveway shall be of a decorative BP PS 1.C.1 nature to minimize the visual impact of the paved area. 62. Mitigation Measure 1A.11: Exterior lighting shall be limited to wall mounted BP PS 1.d.1 building lighting only. All exterior lighting shall be designed to eliminate any off site glare and shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Fixtures shall be shield cut-off type and compatible with historic setting, subject to staff approval. 63. Mitigation Measure 3.b.1: The project shall be conditioned to comply with BP BS 3.b.1 all applicable District regulations pertaining to the control of fugitive dust (PM-) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. ■ Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If Naturally Occurring Asbestos (NOA) is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. . If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Should Naturally Occurring Asbestos be identified within the area of construction, and Conditions of Approval / Mitigation Monitoring Program 6910 Navajoa Ave. PD -25 Master Plan of Development Timing BL Business License GP: Grading Permit BP: Building Permit Fl: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure the worked area will be less than or equal to one acre, then the dust control measures identified below are required. If the disturbed area is greater than one acre, additional requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. ■ Dust Control Measures for Construction and Grading Operation Projects One Acre or Less: No person shall engage in any construction or grading operation on property where the area to be disturbed is one (1.0) acre or less unless all of the following dust mitigation measures are initiated at the start and maintained throughout the duration of the construction or grading activity: (A) Construction vehicle speed at the work site must be limited to fifteen (15) miles per hour or less; (B) Prior to any ground disturbance, sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; (C) Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; (D) Storage piles must be kept adequately wetted, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile; (E) Equipment must be washed down before moving from the property onto a paved public road; and (F) Visible track -out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four (24) hours. 64. Mitigation Measure 4.e.1: The Grading Plan shall identify tree protection GP PS 4.e.1 fencing around the dripline of each existing on-site or off-site native tree within 20 feet of construction activity. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business BS: Building Services 6910 Navajoa Ave. License FD: Fire Department PD -25 Master Plan of Development GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer Fl: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy F0: Final Occupancy 65. Mitigation Measure 4.e.2: Grading and excavation and grading work shall GP PS 4.e.2 be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 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. 66. Mitigation Measure 4.e.3: An arborists report shall be required prior to GP PS 4.e.3 project implementation. The report shall identify each native tree proposed for removal and each tree within the project area subject to potential impact. The report shall provide recommendations for tree pruning, tree protection of existing native trees to remain, and identify native tree impact/replacement mitigation per the Atascadero Municipal Code Section 9-11.5. 67. Mitigation Measure 6.b: The grading permit application plans shall include GP CE 6.b erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. 68. Mitigation Measure 6.c.d: A soils report shall be required to be submitted GP BS 6.c.d with a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. 69. Mitigation Measure 8.e.f: The developer is responsible for ensuring that all BP CE 8.e.f contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop work orders. Conditions of Approval / Mitigation Monitoring Program 6910 Navajoa Ave. PD -25 Master Plan of Development Timing BL Business License GP: Grading Permit BP: Building Permit Fl: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 70. Mitigation Measure 11.d: All construction activities shall comply with the Ongoing BS/PS 11.d City of Atascadero Noise Ordinance for hours of operation. 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/Site Plan €1, ,iii w �ar ga N w i Ij��11;19 �I'fls W U r+ �- 09eeee000 Z _ -- _ -CC -------- _ 1' b 1 R r . 4 1 ■ •I Ym � \ 7 O i I I � I I 1 j II I EXHIBIT C: Landscape Plan w 0U-, W c o_ O Lli U L, w a Cr z w a SunOA XPusy V u4811ep uoa wtuOj!jej 'wape3svjy anuand eofeneN 0169 lE SZad z fg m © w © o m EXHIBIT D: Elevations Plan A .., �....-.,,,�.., � """ BunoA dpuea 7g uyBneA uod e�wo�ye7 •o�apeosslV - �:a �� � �. (\] n anuand EoCBnBN 0 16 la SZQd a u B OTI u LLJ ILIIII EID 04 r -- r i [ o 0 MUM .�. > .� i>a ° z3 01 ! < ! I ! W\ `m 0 O 13 8 J $ / N L1J U EXHIBIT E: Elevations Plan B OunoA (pueb 7g uy9nen uOn • ;� "" e1 W0)I `Oj3pU3SUjV sz.o +a v r • � � � L IUD ". anuand eofeneN 0169 SZCI,l Q ¢ I .-. III«ll m �.� I �11 w N IL �-'L llllhllT 1111111' i':; Il ll�i oc'� ji F I� IIIIIII Illm LJLJ IIII �� a _ 1I111 ❑ - _�- w FE [_ f_ J ° Ell o > 0 0 0 >ca u� 111 N w n �' UULW -- II Ill II➢Illll t O LL 0 3 Ul o IY W a cc U EXHIBIT F: Elevations Plans C-2 �"��• •N o...,. 9uno ,C ue u ne u A P b '�8 48 A � `wapVOm o -� x • a e!wo34s:) anUZAV LOPL"fq 0169 W SZQd Q I El a 13M I E=) ZO 0 EFFWW - I13 M rl, �_❑ z3 I y o � o 0. 0 C G W O .--i - - U L = W, w, c a cvQ� 5 W � 'n f "� EXHIBIT G: Elevations Plan C-1 • _.�—...,..,., S—OA -(PURE V agll—A and e1wqjgej'0japeosely " .:. anUDAV edfeneN 0 16 310 SZQd Q i R U c� a 1o h 111 - 7jjfl LI — B ED We10IC33 YY W yy Wu oil DII © J® BU o0 0 � uj a 0 c W c N > ' > O W lu w z3 Lr 1 0 U EXHIBIT H: Grading and Drainage Plan SCD � y LU �'. Y I „e I I 4 I EXHIBIT I: Color and Materials **See project file for colors** EXHIBIT J: Tree Protection Plan Tree Index Table 2 Tree Tree N es I LO 3 Trudy d I1 4 Tree o 7 5 Cons"mon 6 Dripline ll% 7 o Footing g Mitigation F 9 Monitoring 7 Yes 10 Pruning None 11 Field NM Hand dig >bonaB LO 7 4 Removal 100% FNone Nora e wounds & fungus below 4' LO 8 6 impacted 22% Footing F Yes None Hand dig footing l LO IO 7 impacted 10% Footing F Yes None Hand dig Sooting 5 LO 34 7 Impacted 14% Footing F Yes Yes-clawI Roofol ATTACHMENT 8: Draft Resolution PC 2005-0090 Approval of Proposed Tentative Parcel Map DRAFT RESOLUTION PC 2005-0090 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP 2004-00569 A FOUR LOT SUBDIVISION CONSISTENT WITH A MASTER PLAN OF DEVELOPMENT ON APN 030-373-020 (6910 Navajoa Ave / Vaughn and Young) WHEREAS, an application has been received from Donald K. Vaughn (605 Garcia Road, Atascadero, CA 93422) and Randy Young (P.O. Box 744, San Miguel, CA 93451), Applicant and Property Owners, to consider a project consisting of a Zone Change from RMF -10 (Residential Multi -Family - 10) to RMF-10/PD-25 (Residential Multi -Family -10 with Planned Development Overlay #25) with corresponding Master Plan of Development and Tentative Parcel Map on a 0.49 -acre site located at 6910 Navajoa Avenue (APN 030-373-020); 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-25 (Residential Multi- Family-10/Planned Development Overlay #25); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0052 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 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 November 1, 2005, studied and considered Tentative Parcel Map 2004- 0056, 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 Tentative Parcel Map, the Planning Commission of the City of Atascadero finds as follows: 1. The proposed subdivision, design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements, including provisions of the PD -25 overlay district. 2. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District #25 Master Plan of Development (CUP 2004-0133). 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 November 1, 2005, resolved to recommend that the City Council approve Tentative Parcel Map (TPM 2004-0056) subject to the following: 1. Exhibit A: Tentative Parcel Map 2004-0056 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: Tentative Parcel Map Exhibit B: Conditions of Approval / Mitigation Monitoring Program Tentative Parcel Map 2004-0056 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 6910 Navajoa Ave. BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Parcel Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2004-0056 T0: Temporary occupancy WW: Wastewater CA: City Attomey FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Planning Services 1. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2004-0087 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9- 1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Tract Map shall be valid for two years after its FM PS effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the authority to FM PS approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The granting of this entitlement shall apply to the property located at (APN On going PS 030-373-020) regardless of owner. 5. The Final Map shall be drawn in substantial conformance with the FM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 6. The subdivider shall defend, indemnify, and hold harmless the City of FM PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 7. The Parcel Map shall be subject to additional fees for park or recreation FM PS purposes (QUIMBY Act) as required by City Ordinance. 8. The emergency services and facility maintenance costs listed below BP PS shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 6910 Navajoa Ave. BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Parcel Map ImproTentative FM: Flnal Map ement tans PD: Police Department CE: Ci Engineer TPM 2004-0056 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy required by the City with regard to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. • Off-site common City of Atascadero park facilities maintenance service costs related to the project. 9. All tract maintenance costs listed below shall be 100% funded by the BP PS project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. ■ All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. ■ All parks, trails, recreational facilities and like facilities. ■ All open space and native tree preservation areas. ■ All drainage facilities and detention basins. ■ All creeks, flood plains, floodways, wetlands, and riparian habitat areas. • All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. ■ All frontage landscaping and sidewalks along arterial streets 10. Prior to final map, the applicant shall submit CC&Rs for review and FM PS approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping in perpetuity. b) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 6910 Navajoa Ave. BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Parcel Map ImproTentative FM: Flnal Map ement tans PD: Police Department CE: Ci Engineer TPM 2004-0056 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy c) Residents shall keep all trash receptacles within the unit's designated trash storage area. d) Garages shall be maintained and used for vehicle parking. e) No boats, RV's or other type of recreation vehicle may occupy a guest or resident parking space, including within an individual garage. f) A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. 11. Affordable Housing Requirement: The applicant shall either designate FM/BP PS/CA one unit as moderate -income unit, deed -restricted for a 30 -year period or pay an in -lieu fee of 5% of the valuation of the market rate unit(s) prior to or concurrent with final map. 12. Affordable Workforce Housing FM/BP PS Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve Y2 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. City Engineer Conditions Grading and Drainage 13. Obtain approval by the City Engineer of the grading & drainage plan and BP, GP CE the storm drain design & facilities. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 6910 Navajoa Ave. BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Parcel Map ImproTentative FM: Flnal Map ement tans PD: Police Department CE: Ci Engineer TPM 2004-0056 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 14. Submit calculations to support the design of any structures or pipes. BP, GP CE Closed conduits shall be designed to convey the 10 -year flow with gravity flow, the 25 -year flow with head, and provide safe conveyance for the 100 year overflow. 15. Provide for the detention of the 50 year developed storm runoff, while BP, GP CE metering out the 2 year undeveloped storm runoff. Metered runoff must follow existing drainage patterns. Onsite detention may be mitigated by the installation of a storm drain system that ties to the existing storm drain in Atascadero Ave. Applicant shall submit drainage calculations showing that adequate capacity is available. 16. Show the method of dispersal at all pipe outlets. Include specifications for BP, GP CE size & type. 17. Existing drainage patterns from adjacent properties shall not be BP, GP CE obstructed. 18. All drainage from improvements shall cross property lines within drainage FM CE easements. Public Improvements and Maintenance: Navaioa Avenue 19. The applicant must provide for the repair and maintenance of on-site shared improvements. This includes roads, sidewalks, street trees, streetlights, private sewer system, drainage facilities, recreation areas and common landscaping. The two methods that may be used are: a. Homeowners Association. This private organization would be responsible for the maintenance, repair and replacement of the facilities. b. Assessment District and Landscape and Lighting District. Funds for the maintenance, repair and replacement of the facilities would be collected on the property tax bill and distributed to the City. The City Engineer and City Attorney shall approve the final form prior to recordation. 20. The Applicant shall widen Navajoa and construct curb and gutter, in BP, GP CE accordance with City Standards, along the entire property frontage. 21. The applicant shall overlay or slurry seal the entire street frontage of BP, GP CE Navajoa, as directed by the City Engineer. SANITARY SEWER CONDITIONS Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 6910 Navajoa Ave. BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Parcel Map ImproTentative FM: Flnal Map ement tans PD: Police Department CE: Ci Engineer TPM 2004-0056 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 22. The applicant shall pay sewer Extension (Annexation) and Connection BP, GP CE fees upon issuance of building permit. 23. Drainage piping serving fixtures which have flood level rims located BP, GP CE 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. 24. Each building shall be separately and independently connected with the BP, GP CE public sewer. 25. Private utility easements will be required for sewer laterals that cross BP, GP CE private property lines. 26. Prior to recording the final map, provisions for the repair and BP, GP CE maintenance of the private sewer shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private sewer, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. 27. Gravity mains and other sewer facilities within the subdivision shall be BP, GP CE privately owned and maintained. STANDARD CONDITIONS 28. All public improvements shall be constructed in conformance with the City BP, GP CE of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 29. 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. 30. 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. 31. The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map. 32. The applicant shall be responsible for the relocation and/or alteration of BP, GP CE existing utilities. 33. 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. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 6910 Navajoa Ave. BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Parcel Map ImproTentative FM: Flnal Map ement tans PD: Police Department CE: Ci Engineer TPM 2004-0056 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 34. The applicant shall monument all property corners for construction control FM CE and shall promptly replace them if disturbed. 35. 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. 36. Slope easements shall be provided as needed to accommodate cut of fill FM CE slopes. 37. Drainage easements shall be provided as needed to accommodate both FM CE public and private drainage facilities. 38. 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. 39. 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. 40. Prior to recording the 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. 41. Prior to recording the map, the applicant shall complete all improvements FM CE required by these conditions of approval 42. 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. 43. 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. 44. 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 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 6910 Navajoa Ave. BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Parcel Map ImproTentative FM: Flnal Map ement tans PD: Police Department CE: Ci Engineer TPM 2004-0056 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy plans. 45. 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. 46. An encroachment permit shall be obtained prior to any work within City BP, GP CE rights of way. 47. 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 48. Before the issuance of building permits, the applicant shall submit plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross -connection devices shall conform to AWWA and California Department of Health Services standards. 49. 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. 50. Before issuance of building permits, the applicant shall obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. 51. The applicant shall provide AMWC with easements for those water facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 52. 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. 53. The applicant shall obtain a separate landscape -irrigation meter from AMWC for the common areas within the project. Landscaping for Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 6910 Navajoa Ave. BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Parcel Map ImproTentative FM: Flnal Map ement tans PD: Police Department CE: Ci Engineer TPM 2004-0056 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy common areas shall be drought -tolerant. The landscaping for common areas shall conform to the mitigation measures noted in Table II -7, Hydrology and Water Quality, of the General Plan 2025. The applicant shall keep the use of turf grass in common area landscaping and in other areas to a minimum. Mitigation Measures 54. Mitigation Measure 1.c.1: The shared driveway shall be of a decorative BP PS 1.c.1 nature to minimize the visual impact of the paved area. 55. Mitigation Measure 1A.11: Exterior lighting shall be limited to wall BP PS 1.d.1 mounted building lighting only. All exterior lighting shall be designed to eliminate any off site glare and shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Fixtures shall be shield cut-off type and compatible with historic setting, subject to staff approval. 56. Mitigation Measure 3.b.1: The project shall be conditioned to comply BP BS 3.b.1 with all applicable District regulations pertaining to the control of fugitive dust (PM-) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. ■ Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If Naturally Occurring Asbestos (NOA) is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. . If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Should Naturally Occurring Asbestos be identified within the area of construction, and the worked area will be less than or equal to one acre, then the dust control measures identified below are required. If the disturbed area is greater than one acre, additional requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. ■ Dust Control Measures for Construction and Grading Operation Projects One Acre or Less: No person shall engage in an Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 6910 Navajoa Ave. BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Parcel Map ImproTentative FM: Flnal Map ement tans PD: Police Department CE: Ci Engineer TPM 2004-0056 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy construction or grading operation on property where the area to be disturbed is one (1.0) acre or less unless all of the following dust mitigation measures are initiated at the start and maintained throughout the duration of the construction or grading activity: (A) Construction vehicle speed at the work site must be limited to fifteen (15) miles per hour or less; (13) Prior to any ground disturbance, sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; (C) Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; (D) Storage piles must be kept adequately wetted, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile; (E) Equipment must be washed down before moving from the property onto a paved public road; and (F) Visible track -out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four (24) hours. 57. Mitigation Measure 4.e.1: The Grading Plan shall identify tree GP PS 4.e.1 protection fencing around the dripline of each existing on-site or off-site native tree within 20 feet of construction activity. 58. Mitigation Measure 4.e.2: Grading and excavation and grading work GP PS 4.e.2 shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 7. All existing trees outside of the limits of work shall remain. 8. Earthwork shall not exceed the limits of the project area. 9. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 10. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 11. All trees within the area of work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 12. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 6910 Navajoa Ave. BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Parcel Map ImproTentative FM: Flnal Map ement tans PD: Police Department CE: Ci Engineer TPM 2004-0056 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 59. Mitigation Measure 4.e.3: An arborists report shall be required prior to GP PS 4.e.3 project implementation. The report shall identify each native tree proposed for removal and each tree within the project area subject to potential impact. The report shall provide recommendations for tree pruning, tree protection of existing native trees to remain, and identify native tree impact/replacement mitigation per the Atascadero Municipal Code Section 9-11.5. 60. Mitigation Measure 6.b: The grading permit application plans shall GP CE 6.b include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. 61. Mitigation Measure 6.c.d: A soils report shall be required to be GP BS 6.c.d submitted with a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. 62. Mitigation Measure 8.e.f: The developer is responsible for ensuring that BP CE 8.e.f all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop work orders. 63. Mitigation Measure 11.d: All construction activities shall comply with the Ongoing BVIRS 11A City of Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the 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.