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Home My WebLink AboutPC_2005-11-15_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, November 15, 2005 — 7:00 P.M. "New Location" New City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER 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 NOVEMBER 1, 2005. City of Atascadero Planning Commission Agenda COMMUNITY DEVELOPMENT STAFF REPORTS Regular Meeting November 15, 2005 Page 2 of 6 2. TREE REMOVAL PERMIT 2005-0071 RECONSIDERATION Applicant: Cori Flickinger, 7459 Valle Avenue, Atascadero, CA 93422 Project Title: Tree Removal Permit 2005-0071 Project Location: 9096 La Canada, Atascadero, CA Project Description: (San Luis Obispo County) APN 050-021-041 Project A request to remove one (1) 22 -inch native Live Oak tree for the development of a single family Description: residence. Staff Approve removal subject to mitigation. Recommendation: square foot secondary residence. The project site is located within the Residential Single Family — 3. TREE REMOVAL PERMIT 2005-0079 Applicant: Midland Pacific, 6955 El Camino Real, Ste. 200, Atascadero, CA 93422 Project Title: Tree Removal Permit 2005-0079 Project Location: Del Rio Road Project Description: Request to remove 1- 12"Llive Oak and 1-3" Valley Oak for a total of 2 trees. Staff Recommendation: Approve removal subject to mitigation. PUBLIC HEARINGS (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name and address for the record and can address the Commission for five minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 4. TENTATIVE PARCEL MAP 2004-0059,3325 CHICO ROAD Owner Gloria & Harold Myers, Jr., 3325 Chico Road, Atascadero, CA 93422 Project Title: Tentative Parcel Map 2004-0059 Project 3325 Chico Road, Atascadero, CA Location: (San Luis Obispo County) APN Portion 049-072-004 Project The proposed project consists of a parcel map subdividing one existing lot into two parcels. The Description: existing parcel is developed with a single-family residence and a large agriculture building. The newly created parcel would be available for development of a single family home and a 1,000 square foot secondary residence. The project site is located within the Residential Single Family — Y (RSF-Y) Zoning District. The new parcel will take access from Traffic Way. Onsite septic systems will be used for wastewater and water service will be provided by Atascadero Mutual City of Atascadero Planning Commission Agenda Regular Meeting November 15, 2005 Page 3 of 6 5. CONDITIONAL USE PERMIT 2005-0166,1215 EL CAMINO REAL Owner: Water Company. Project Title: General Plan Designation: RSF Project Zoning District: RSF-Y (1 acre minimum) Proposed This project is a California Environmental Quality Act Class 15 Categorical Exemption. Environmental An amendment to the original Conditional Use Permit for a mobile home park, established in 1968, to Determination: facilitate a lot reconfiguration. 5. CONDITIONAL USE PERMIT 2005-0166,1215 EL CAMINO REAL Owner: Boneso Family Trust, P O Box 932, Paso Robles, CA 93447 Project Title: Conditional Use Permit 2005-0166 Project 1215 El Camino Real, Atascadero, CA (San Luis Obispo County) Location: APN 049-042-019 Project An amendment to the original Conditional Use Permit for a mobile home park, established in 1968, to Description: facilitate a lot reconfiguration. General Plan Designation: HDR Zoning District RMF -16 Proposed The project has been determined to be Categorically Exempt according to the provisions of the California Environmental Environmental Quality Act (CEQA). Determination: Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The 6. VARIANCE 2005-0006 BARRENDA AVENUE/PPN 2005-0188 Applicant: Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422 Project Title: VAR 2005-0006 Precise Plan 2005-0188, Single -Family residence Project Barrenda Avenue, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 028-332-027 Project The project consists of an application to construct one three-story single-family residence on a legal lot Description: of record. The applicant is proposing to locate the garage and residence a minimum of 5 -feet from the front property line to minimize grading and tree impacts. One native tree is proposed for removal. The residence will gain access from Banenda Avenue. General Plan Designation: SFR -Y Zoning District: RSF-Y 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. City of Atascadero Planning Commission Agenda Regular Meeting November 15, 2005 Page 4 of 6 7. VARIANCE 2005-0007 ROSARIO AVENUE/PPN 2005-0189 Applicant: Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422 Project Title: VAR 2005-0007, Precise Plan 2005-0189, Single -Family residence Project Rosario Avenue, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 028-331-006, 028-332-001 Project The project consists of an application to construct two three-story single-family residences on two Description: legal lots of record. The applicant is proposing to locate the garage and residence a minimum of 5 -feet from the front property line to minimize grading and tree impacts. Eleven native trees are proposed for removal. The residence will gain access from Rosario Avenue. General Plan Designation: SFR -Y Zoning District: RSF-Y 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. 8. VARIANCE 2005-0008 EL RETIRO AVENUE;PPN 2005-0190 Applicant: Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422 Project Title: VAR 2005-0008, Precise Plan 2005-0190, Single -Family residence Project El Retiro Avenue, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 031-112-004 Project The project consists of an application to construct one three-story single-family residence on a legal lot Description: of record. The applicant is proposing to locate the garage and residence a minimum of 5 -feet from the front property line to minimize grading and tree impacts. Three native trees are proposed for removal. The residence will gain access from El Retiro Avenue. General Plan Designation: SFR -Y Zoning District: RSF-Y Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The Environmental proposed Mitigated Negative Declaration is available for public review at 6905 El Camino Real, Suite Determination: 6, Community Development Department from 8:00 a.m. to 5:00 p.m., Monday through Friday. COMMISSIONER COMMENTS AND REPORTS PLANNING COMMISSION DISCUSSION AND RECOMMENDATION REGARDING THE NEED FOR PUBLIC WORKSHOPS ON CERTAIN PROJECTS. DIRECTOR'S REPORT City of Atascadero Planning Commission Agenda ADJOURNMENT Regular Meeting November 15, 2005 Page 5 of 6 The next regular meeting of the Planning Commission will be on December 6, 2005 at City Hall, 6907 El Camino Real, 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 15, 2005 Page 6 of 6 City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m., at City Hall, 6907 EI Camino Real, 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: 11-15-05 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting November 1, 2005 — 7:00 P.M. Chairperson Porter called the meeting to order at 7:02 p.m. and Vice Chairperson Beraud led the Pledge of Allegiance. ROLL CALL Present: Commissioners Fonzi, Jones, Kelley, O'Keefe, Beraud and Chairperson Porter Absent: Commissioner Patel Staff Present: Community Development Director Warren Frace, Public Works Director/City Engineer Steve Kahn, Deputy Community Development Director Steve McHarris, Associate Planner Kelly Gleason, Associate Planner Kerry Margason, Assistant Planner Lisa Wilkinson and Recording Secretary Grace Pucci. PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA MOTION: By Commissioner O'Keefe and seconded by Commissioner Kelley to approve the agenda. Motion passed 6:0 by a roll -call vote. PUBLIC COMMENT None PC Draft Minutes 11/01/05 Page 1 of 8 CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON OCTOBER 18, 2005. MOTION: By Commissioner O'Keefe and seconded by Commissioner Fonzi to approve Item #1. Motion passed 6:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS 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 Determination: Associate Planner Kerry Margason gave the staff report, City Engineer Steve Kahn spoke about circulation issues for this project and both answered questions of the Commission. PUBLIC COMMENT Russ Thompson, applicant's representative, spoke about the project and requested several changes including: 1) Condition Nos. 7 and 10 amended to permit the option of either constructing the median or removing the driveway if the median is not built, and 2) installation of a wooden planter or decorative urn to screen the air-conditioning condensers. Mr. Thompson answered questions of the Commission. Jim Shores, applicant, expressed concern with the Conditions of Approval for the driveway, fencing, lighting, and monument sign. Mr. Shores answered questions of the Commission. PC Draft Minutes 11/01/05 Page 2 of 8 Chairperson Porter closed the Public Comment period. There was Commission discussion regarding the driveway and median, fencing, lighting, signage, screening of the air-conditioning equipment, curbing at back of property, trees and landscaping, the shade structure, noise mitigation for dryers, and the fairness of requesting the applicant to make further changes. MOTION: By Commissioner Kelley and seconded by Chairperson Porter to adopt Resolution PC 2005-78 approving Reconsideration of Conditional Use Permit 2000-0022, subject to conditions of approval and with the following changes to the Conditions on Page 14 of the staff report: ■ Condition 1: Applicant has agreed to this condition—no change. ■ Condition 2: Add that ornamental planters similar to what the city has installed in the downtown redevelopment agency could be put on either side of the air-conditioning units. ■ Condition 3 : To be waived ■ Condition 4: To stand as written ■ Condition 5: Applicant has agreed to work with staff and reduce the blowers from five to three. ■ Condition 6: Applicant advised to reduce driveway and did so, therefore he met his responsibility, and it was done in good faith, so Commission must accept that. ■ Condition 7: Fence will be an open one. ■ Condition 8: Applicant has agreed with this condition—no change. ■ Condition 9: Lights okay as are. ■ Condition 10: Sign will be replaced between the two masonry pillars that are in place. ■ Condition 11: Bicycle rack should be put in. Motion failed 3:3 by a roll -call vote. (O'Keefe, Fonzi, Beraud opposed) MOTION: By Commissioner O'Keefe and seconded by Commissioner Fonzi to adopt Resolution PC 2005-78 approving Reconsideration of Conditional Use Permit 2000-0022, subject to conditions of approval and with the following changes to the Conditions on Page 14 of the staff report: ■ Condition 1: Site access will be limited to one driveway and that's where the landscaping would be done. ■ Condition 2: Sidewalks must be removed and the details to be worked out between staff and applicant. PC Draft Minutes 11/01/05 Page 3 of 8 ■ Condition 3: With additional landscaping after closing off the exit, won't need to do as many trees and the details could be worked out with staff. ■ Condition 4: Native oak trees will be planted in the back. ■ Condition 5: Carwash blowers will be reduced from five to three to reduce noise. ■ Condition 6: Site access will be limited to one driveway on San Anselmo. ■ Condition 7: Iron picket fence to be used to add consistency to tie project together. ■ Condition 9: Lighting is okay as is—no changes to condition. ■ Condition 10: Applicant can decide where to put sign as long as it is attractive ■ Condition 11: No changes. ■ New shade structure. ■ Remove card -lock gas station. ■ Landscaping in driveway area will include trees. Motion passed 4:2 by a roll -call vote. (Kelley, Porter opposed) 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 1.0 1, 1. 15, and 1.21 Description: gross acres. The site is currently contains a single-family residence that will remain on proposed parcel 1. The parcels consist of moderate to steep slopes and contain native trees and vegetation. Onsite septic will serve the property and water is available from Atascadero Mutual Water Company. General Plan Designation: Single Family Residential (SFR -Y) Zoning District: Residential Single Family (RSF-Y) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The Environmental proposed Negative Declaration is available for public review at 6905 El Camino Real, Suite 6, Community Determination: Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. City Engineer Steve Kahn discussed drainage issues for the project. PUBLIC COMMENT Shannon McCabe, applicant's representative, answered questions of the Commission. Mark Davis, applicant's civil engineer, answered questions of the Commission. PC Draft Minutes 11/01/05 Page 4 of 8 Becky Rogers spoke about problems with mud flow from a property above this project and expressed concern that runoff from this development would drain directly onto her property. Doug Chisholm spoke about the history of this property and stated his concern regarding the change in lot size from 2 1/2 to 1 acre, and the lack of notification to area residents. Bruce Rogers stated there should be no impacts from this development to the surrounding area. He asked who is to be held responsible for drainage issues and any future problems. Mr. Rogers submitted a picture (Exhibit A). Mark Davis spoke about current drainage mitigations on single family homes, and stated this should address the neighbors' concerns. Becky Rogers questioned the process for approval of this project. Chairperson Porter closed the Public Comment period. There was Commission discussion regarding impacts from parcel no. three, slope of driveway, impacts to trees, lack of performance standards and percolation tests, no information on size of homes to determine septic requirements, drainage, retaining walls, and view shed. MOTION: By Commissioner O'Keefe and seconded by Commissioner Jones to continue this item to some future date and for the applicant to work with staff to provide additional details on: 1. Drainage calculations. 2. Septic proposed and location. 3. Size of the homes. 4. Retaining walls. 5. Driveway locations. 6. Site shall be limited to two building sites. 7. Conditions to be attached so that whatever is built on Parcel No. 2 takes into consideration the view shed, including stem walls, low profile building, etc. 8. Change of slope along the building. 9. How the basins will be. 10. Inclusion of a map showing the trees. Motion passed 6:0 by a roll -call vote. Chairperson Porter recessed the hearing at 9:01 p.m. Chairperson Porter called the meeting back to order at 9:11 p.m. PC Draft Minutes 11/01/05 Page 5 of 8 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 El 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 Determination: Deputy Community Development Director Steve McHarris gave the staff report. PUBLIC COMMENT Adam Scattini, applicant, explained why the elevation of the building was raised. Chairperson Porter closed the Public Comment period. MOTION: By Commissioner Kelley and seconded by Commissioner O'Keefe to 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. Motion passed 5:1 by a roll -call vote. (Beraud opposed) 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. PC Draft Minutes 11/01/05 Page 6 of 8 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 Associate Planner Lisa Wilkinson gave the staff report and answered questions of the Commission. PUBLIC COMMENT Don Vaughn, applicant, spoke about the discrepancy in the tree report and answered questions of the Commission. Chairperson Porter closed the Public Comment period. Commissioner Fonzi expressed her concerns including: orientation of house on Navajoa, placement of windows not in keeping with Colony Homes, pillars, and the need for additional landscaping and architectural features. MOTION: By Commissioner Fonzi to continue this application so applicant can work with staff to refine architecture and orientation of homes. Deputy Community Development Director Steve McHarris clarified the orientation of the homes. Commissioner Fonzi withdrew her motion. MOTION: By Commissioner Kelley and seconded by Commissioner O'Keefe to adopt Resolution PC 2005-0087 recommending that the City Council certify Proposed Mitigated Negative Declaration 2005-0052; and, 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, adopt Resolution PC 2005-0089 recommending that the City Council approve Conditional Use Permit 2004-0133 (Master Plan of Development) with the removal of Condition No. 23 and the removal of three native trees based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 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. Motion passed 6:0 by a roll -call vote. PC Draft Minutes 11/01/05 Page 7 of 8 COMMISSIONER COMMENTS AND REPORTS Commissioner Jones asked Chairperson Porter to consider agendizing a request to the City Council to consider establishing a Planning Commission policy to have public workshops for larger projects. There was Commission discussion regarding the benefits and possible criteria for public hearings and notification on large projects. Chairperson Porter stated he would contact Mayor Scalise to inform her of the Commissions desire for a study session on the Del Rio project. There was Commission consensus to place an item on their next agenda to discuss thresholds and criteria for public workshops. Commissioner Kelley requested an update on Carl's Junior. Director Frace stated that staff is working with the applicant's consultant and traffic engineer on a revised traffic mitigation plan for the project. Commissioner Jones asked for an update on the Principal project. Director Frace reported that staff has asked the applicant for more information and an arborists report. DIRECTOR'S REPORT Community Development Director Warren Frace reviewed the agenda for the next Planning Commission meeting and reported that there will be a study session regarding affordable housing on the City Council's next agenda; Commissioners are asked to attend. Director Frace also announced that the next Planning Commission meeting will be held at the new City Hall building, and reported on the Safe Neighborhoods Program. ADJOURNMENT Chairperson Porter adjourned the meeting at 9:54 p.m. to the next regularly scheduled meeting of the Planning Commission on November 15, 2005. ivi1=1:11111L"z1*d9]z1Q4OI_1>;Ioil h]Id1 1111*1:2Z4J_1:1411-Y16 Grace Pucci, Recording Secretary The following exhibits are available for review in the Community Development Department: Exhibit A — Bruce Rogers, Picture PC Draft Minutes 11/01/05 Page 8 of 8 ITEM NUMBER: 2 DATE: 11-15-05 Atascadero Planning Commission Staff Report - Community Development Department Tree Removal Permit TRP 2005-0071 (9096 La Canada Road / Flickinger) SUBJECT: A request to remove one (1) 22 -inch native Live Oak tree for the development of a single family residence. RECOMMENDATION: Staff recommends: The Planning Commission adopt Resolution PC 2005-0094 to approve the request to remove one (1) native tree subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance and direct staff to work with the applicant to narrow the driveway and attempt to preserve the tree. Situation and Facts: 1. Applicant: Cori Flickinger, 7459 Valle Avenue, Atascadero, CA 93422 2. Certified Arborist: Steve Alvarez and Chip Tamagni, Arborist and Vegetation Management, P.O. Box 1311, Templeton, CA 93465 3. Project Address: 9096 La Canada Road, Atascadero, CA 93422 APN: 050-021-041 BACKGROUND: On June 7, 2005, the Planning Commission approved the removal of 14 native oak trees for the development of a single family residence. The applicant is currently requesting the additional removal of one (1) native oak tree as it is obstructing ITEM NUMBER: 2 DATE: 11-15-05 proposed driveway improvements. ANALYSIS: During the preconstruction meeting for the proposed residence, staff reviewed the tree protection plan with the grading team and project arborist. At that meeting, Tree #9, a 22 -inch Live Oak, was determined to be closer to another tree on the adjacent property (Tree #10) and therefore an obstruction with the proposed driveway. Originally, the plans demonstrated a 40% impact to Tree #9 with an adjoining tree well and a 16'-0" driveway width. The Fire Department has verbally agreed to allow a reduction in driveway width in the area of Tree #9. The City of Atascadero's Tree Ordinance requires that mitigation for native tree removals be implemented as a condition of approval. Staff is recommending that the applicant make payment into the native tree fund and reasonably attempt to preserve the tree. FINDINGS: Pursuant to the Tree Ordinance (Ordinance No. 214), "decisions on native tree removals of 24 -inch dbh-size or larger shall be made by the Planning Commission." In considering any tree removal request, at least one of the findings must be made. Staff has identified finding #5 as appropriate for the application request: 5. 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. CONCLUSION: The applicant has submitted a Tree Protection Plan with an Arborist letter. The tree has been determined to be obstructing proposed improvements according to the original plan, as determined by the Site Planner and Arborist. PREPARED BY: Lisa Wilkinson, Assistant Planner ATTACHMENTS: ITEM NUMBER DATE: 11-15-05 Attachment 1: Aerial Photo Attachment 2: Tree #9 Attachment 3: Arborist Letter Attachment 4: Draft Resolution PC 2005-0094 ITEM NUMBER: 2 DATE: 11-15-05 Attachment 1: Aerial Photo • A Project V Site �-_Mffl k'4 Attachment 3: Arborist Letter A & T ARBORISTS P.O. BOX 1311 TEMPLETON, CA 93485 (805) 4340131 10-28-05 Warren Frace Lisa Wilkenson Re: Flickenger Project on La Canada ITEM NUMBER DATE: 11-15-05 =C'EIVED OCT 2 8 COMMUNITY DEVELOPMENT There is a live oak (Quercus agrifolia), tree #9 (22" dbh) located along the proposed driveway. The plan showed a tree well for the tree. The engineer has determined that the fill will be 6 feet deep near this tree and a tree well will not be feasible. A retaining wall would require a footing that would eliminate 45% of the roots and the tree may not survive. After meeting with grading company, it was determined that tree #22 (17"), tree #42 (28"), and tree #19 (12") can now be saved (all live oaks). The impacts to these three trees will be 15-20% drip line impacts with some possible root pruning. The owner and grader have been notified of the monitoring necessary to help insure survival of these trees. Non-compliance will result in a negative final letter along with recommended bonding. Please call us if this is feasible. Chip Tamagni Certified Arborist #WF, 6436-A c� Steven Alvarez Certified Arborist #WE 0511-A RECEIVED OCT 2 11111 COMMUNITY DEVELOPMENT ITEM NUMBER: 2 DATE: 11-15-05 Attachment 4: Draft Resolution PC 2005-0094 DRAFT RESOLUTION PC 2005-0094 A RESOLUTION OF THE PLANNING COMMISSION OF ATASCADERO APPROVING A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL OF ONE NATIVE TREE LOCATED AT 9096 LA CANADA ROAD (TRP 2005-0071) WHEREAS, an application for a Tree Removal Permit has been received from Cori Flickinger, 7459 Valle Avenue, Atascadero, CA 93422, to allow the removal of fourteen native oak trees located at 9096 La Canada Road; and, WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on November 15, 2005, and considered testimony and reports from staff, the applicants, and the public; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of 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: • 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; and, SECTION 2. Approval. The Planning Commission hereby approves Tree Removal Permit 2005-0071 subject to the following Conditions and Exhibits: Exhibit A: Conditions of Approval Exhibit B: Tree Protection Plan ITEM NUMBER: 2 DATE: 11-15-05 On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary \\Cityhall\cdvlpmnt\- TRP - Tree Removal Permits\TRP 05\TRP 2005-0071 La Canada\2nd request TRP 2005-0071.PC-SR.doc ITEM NUMBER: DATE: 11-15-05 Exhibit A: Conditions of Approval Tree Removal - TRP 2005-0071 Conditions of Approval Timing Responsibility TRP 2005-0071 /Monitoring PR: dorm Removal PS: Planning Services BL: Business License BS: Building Services BP: Building Permit FD: Fire Deparhent TO: Temporary Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. The applicant and arborist shall work with staff to PR PS preserve Tree #9 during grading/construction. 2. The applicant shall mitigate the removal or impact of the PR PS 22"-dbh Live Oak Tree in accordance with the requirements of the Atascadero Native Tree Ordinance. Exhibit A continued: Conditions of Approval Tree Removal - TRP 2005-0071 Evergreen Native Trees (inches) dbh notes 1 22 -inches 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Deposit Total 22 -inches Mitigation Requirement Tree Fund Payment: $ 183.33 with violation Deciduous Native Trees (inches) dbh notes 1 2 3 4 5 6 Total 0 -inches Tree Fund Payment: $ ITEM NUMBER: 2 DATE: 11-15-05 Totals 22 -inches $ 183.33 ITEM NUMBER DATE: 11-15-05 Exhibit B: Tree Protection Plan Tree Removal - TRP 2005-0071 Tree #9 O u. :F 9996990 9899CC l99991999999a0901�9� 00010 � 1999 909906699997 .F 3993999a999999HIM! i�oo�voo� occa �' a99oo99 101111019�1A 01100 OIs; �' IoOOCIgI I I��II�II� 000�N1�`� 1111111 1111�1111� � � Illlillllllllli�alll� IIIIIC9�1 a IIIIlO3�3: 111117999.E 111,1101.:: 1111 C39c Tree #9 ITEM NUMBER: 3 DATE: 11-15-05 Atascadero Planning Commission Staff Report - Community Development Department Tree Removal Permit 2005-0079 Apple Valley Colony Midland Pacific (049-191-026) RECOMMENDATION(S): Staff Recommends: The Planning Commission adopt Resolution PC 2005-0098, approving the removal of an additional two (2) native trees in The Colony at Apple Valley project currently under construction at 6025 Del Rio Road, subject to conditions and mitigation measures. REPORT -IN -BRIEF: SITUATION AND FACTS: 1. Applicant 2. Certified Arborist: 3. Project Address DISCUSSION: Midland Pacific Building Corporation, 6955 EI Camino Real, Suite 200, Atascadero, CA 93422. Phone: 466-5100 Chip Tamagni, Alvarez & Tamagni, P.O. Box 1311, Templeton, CA 93465. Phone: 431-2602 6025 Del Rio Road, Atascadero, CA 93422; APN 049-191-026 Background: The Colony at Apple Valley Development is a 70 -unit residential subdivision on approximately 28 acres. The project includes a 5 -acre public park and a 2 -acre open space lot. City Council approved the project on August 12, 2003. At the ITEM NUMBER: 3 DATE: 11-15-05 time of approval, sixty-five (65) trees were approved for removal based on the Grading and Drainage Plan and Tree Protection Plan. In April of 2005, the Planning Commission approved the removal of an additional eleven (11) trees. Much of the project grading has been completed and many of the homes are under construction. In accordance with the conditions of approval, the project has been monitored by a certified arborist and periodic updates have been submitted by the Arborist to Community Development staff. During the monitoring process, the Arborist has determined that there are two (2) trees which are posing problems with foundation clearance and emergency access. Analysis: Based on discussions with the Soils Engineer, the Arborist has determined that tree No. 76 will pose a problem for the home's foundation in the future. In addition, sliding glass doors will open directly in front of the tree and there will not be enough room to exit the home. Several design alternatives were discussed and rejected for various reasons relating to the requirements of the building code and safety issues. Tree No. 112 is located between lots 44 and 45 and will interfere with emergency access between the proposed residences. When this project was first considered, the Planning Commission recommended a condition of approval that was ultimately approved by the City Council that states: "Any trees damaged during construction, as verified by the project arborist, be included in the City's tree removal fee mitigation and any trees initially identified for removal but saved during construction as verified by the project arborists be credited against the tree removal fees." To date, there are a number of trees that were approved for removal, which have not yet been removed. Because of the transplanting of many of the trees, it is difficult to accurately determine just how many trees have been saved. Staff is recommending that a final tree count be prepared and submitted no later than January 30, 2006 (Condition 6 & 7). This report will then be brought back to the Commission as an informational item prior to release of any mitigation fees. FINDINGS: This project is required to return to the Planning Commission for authorization to remove the additional trees, even though the trees are less than 24 -inches in size, because the Commission approved the Master Plan of Development for the site, which included the tree protection plan. In considering any tree removal request, at least one of the following findings must be made: 1) The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist, ITEM NUMBER: 3 DATE: 11-15-05 2) The tree is crowded by other healthier native trees, thinning (removal) would promote healthier growth in the trees to remain, as certified by a tree condition report from an Arborist; 3) The tree is interfering with existing utilities and/or structures, as certified by a report from the Site Planner; 4) The tree is inhibiting sunlight needed for existing and/or proposed active or passive solar heating or cooling, as certified by a report from the Site Planner, 5) 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 Cites • 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. Conclusion: Staff has determined that the proposed tree removals are consistent with Finding #5 as one tree directly interferes with a required egress and the other tree will interfere with emergency access. ATTACHMENTS: Attachment 1: Draft Resolution PC 2005-0098 ITEM NUMBER DATE: 11-15-05 Attachment 1: Draft Resolution PC 2005-0098 DRAFT RESOLUTION PC 2005-0098 A RESOLUTION OF THE PLANNING COMMISSION OF ATASCADERO APPROVING A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL OF TWO (2) NATIVE TREES LOCATED 6025 DEL RIO ROAD (TRP 2005-0079/The Colony at Apple Valley) WHEREAS, an application for a Tree Removal Permit has been received from Midland Pacific Building Corporation, 6955 El Camino Real, Suite 200, Atascadero, CA 93422, to allow the removal of two (2) native oak trees located at 6025 Del Rio Road; and, WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on November 15, 2005, and considered testimony and reports from staff, the applicants, and the public; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of Tree Removal Permit. The Planning Commission finds as follows: A. The trees obstructed proposed improvements that could not 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; and, B. The proposed tree removals are consistent with the spirit and intent of Mitigation Measure 4.e.2(e) of CUP 2002-0082 as approved by the City Council on August 12, 2002. ITEM NUMBER: 3 DATE: 11-15-05 SECTION 2. Approval. The Planning Commission hereby approves Tree Removal Permit 2005-0079 subject to the following Conditions and Exhibits: Exhibit A: Conditions of Approval Exhibit B: Arborist Letters 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: 11-15-05 Exhibit A: Conditions of Approval Tree Removal - TRP 2005-0079 Conditions of Approval Timing Responsibility TRP 2005-0079 /Monitoring PR: Pnor to Removal PS: Planning Services BL: Business License BS: Building Services BP: Building Permit FD: Fire Department TO: Temporary Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. The applicant shall pay $150.00 as mitigation for tree removal. PR PS/CE 2. The applicant shall follow all recommendations of the Arborist as outlined in TO PS/CE the tree protection plan and as discussed in the field during mitigation monitoring. 3. The Arborist shall continue to monitor the site on a biweekly basis during all FO PS grading and construction activities and then periodically thereafter, during the building process on sites with native trees. The arborist shall provide periodic updates to the Community Development Department at a minimum of 1 update per month during construction activities and on an as -needed basis thereafter. 4. Care shall be taken to minimize construction impacts to all remaining trees FO PS onsite. 5. The applicant is required to replant 154 native trees (63 evergreen + 91 FO PS deciduous) as mitigation for the original 65 trees approved for removal prior to final occupancy. The applicant may plant additional native trees to offset the mitigation fees for this removal request. However, mitigation fees shall be paid in advance with a credit given for all native trees planted over and above 154, prior to final occupancy, and as certified by the Project Arborist. This condition does not apply to any replacement trees within the park/open space area. 6. All credits shall be calculated, prior to final occupancy of the first home FO PS constructed in the project, by the Arborist of record and submitted to the Community Development Department as a part of the Arborist's final project letter. This includes credits for native trees saved and credit for native trees planted over and above 154 native trees. As units are beginning to final, the Arborist shall submit a final tree count no later than January 30, 2006. 7. The final tree count shall be submitted to the Planning Commission for FO PS review prior to the release of any mitigation fees. 8. All conditions of approval for the project's entitlement permits remain in full Ongoing PS force and effect. Date: November 9, 2005 Address: 6025 Del Rio Road Applicant: Midland Pacific Corp. Owner: Midland Pacific Corp. Tree protection required? Yes Total number of trees impacted: xx Removals: Number greater than 24'DBH: 0 PC Permit Required? Status: Replacements Required: Evergreen Native Trees (inches) dbh notes 1 12 -inches Tree 76 2 3 4 5 6 7 Total 12 -inches Mitigation Requirement Tree Fund Payment: $ ITEM NUMBER DATE: Prepared by: KM Permit #: TRP 2005-0079 Telephone: 466-5100 Telephone: 466-5100 Arborist review required? yes number less than 24' DBFI: 2 yes in process Deciduous Native Trees (inches) dbh notes 1 3 -inches Tree 112 2 3 4 Total 3 -inches 100.00 Tree Fund Payment: $ 50.00 3 11-15-05 Totals 15 -inches $ 150.00 ITEM NUMBER DATE: 11-15-05 Exhibit B: Arborist's Letters Tree Removal Permit 2005-0079 A & T ARBORIST P.O. BOX 1311 TEMPLETON, CA 93465 (805) 434-0131 11-04-05 Warren Frace Kerry Marguson Re: Apple Valley There are two trees that are posing problems for foundation clearance and firemen access on two lots in Apple Valley. The first lot is #39 with tree #76 three feet from the foundation. The tree is a 4 stem, 12" dbh live oak (Quercus agrifolia). The soils engineer feels it will pose a problem for the foundation in the future. This tree was not plotted by the surveyor so its location on the plans is 7 feet off the reality in the field. The second tree #112 is located between lots 44 and 45. This tree is a 3" dbh valley oak (Quercus lobata)The plans show this tree in front of lot 45, however, it is actually between the two lots. Its location will provide access problems for the fire department clearance. Please add these proposed removals to the planning commission agenda as soon as possible. Chip Tamagni Certified Arborist #WE 6436-A 40� Steven Alvarez Certified Arborist #WE 0511-A ITEM NUMBER: 4 DATE: 11-15-05 Atascadero Planning Commission Staff Report - Community Development Department Tentative Parcel Map 2004-0059 (AT 04-0052) 3325 Chico Road (APN 049-072-004) (Myers) RECOMMENDATION(S): The Planning Commission: Adopt Resolution No. PC 2005-0092 approving Tentative Parcel Map 2004-0059 (AT 04-0052), a request to subdivide one parcel totaling 2.10 acres, into two parcels of 1.08 and 1.02 acres net, based on findings and subject to conditions. REPORT -IN -BRIEF: The application is a request to subdivide one existing lot of record to create a 2 -lot, residential subdivision with parcels of 1.08 and 1.02 acres, net. The site is located on the southwest corner of Traffic Way and Chico Road in an area designated by the General Plan to accommodate additional residential density. The overall slope of the property is less than 10% and there are no native trees. SITUATION AND FACTS: 1. Applicant/Owner: Gloria and Harold Myers, Jr., 3325 Chico Road Atascadero, CA 93422, 466-9631 2. Project Address: 3325 Chico Road, Atascadero, California 93422 4. General Plan Designation: SFR -Y (Single -Family Residential, 1 acre minimum) 5. Zoning District: RSF-Y (Residential Single -Family with a minimum lot size of 1 acre, gross) 6. Site Area: 2.10 acres, net ITEM NUMBER: 4 DATE: 11-15-05 7. Existing Use: Single -Family Residence 8. Environmental Status: Class 15 Categorical Exemption DISCUSSION: Background: The site consists of one existing parcel and is relative flat, with an average slope of less than 10%. There are no native trees on the site. The surrounding parcels are generally developed with single-family residences on 1 to 2 acre lots. Analysis: Minimum lot size for RSF -Y parcels is one acre,rg oss. Secondary residences of 1,000 square feet are permitted on RSF-Y lots of 1 acre, net or greater, provided the lot can accommodate an additional septic system or has access to City wastewater facilities. This subdivision would result in two lots, which would qualify for a secondary residence, allowing 4 residential units on the overall property. ITEM NUMBER: 4 DATE 111505 Environmental Review: The proposed pard map is a Class 15 categorical exemption from the California Environmental Quality &C. Proposed Tentative Map for Parch Map AT 04-0052 ITEM NUMBER: 4 DATE: 11-15-05 Conclusion: As conditioned, the subdivision is consistent with the 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 the Tentative Parcel Map as proposed, subject to findings and conditions. FISCAL IMPACT: The project would likely have a slight negative impact on city revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the proposed uses. ALTERNATIVES: 1. The Commission may approve the subdivision subject to additional or revised project conditions. The Commission's motion to approve needs to include any new or revised project conditions. 2. The Commission may deny the 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. ATTACHMENTS: Attachment 1 Location Map (General Plan & Zoning) Attachment 2 Aerial View from GIS Attachment 3 Resolution 2005-0092 ITEM NUMBER DATE: 11-15-05 ATTACHMENT 1: Location Map (General Plan and Zoning) TPM 2004-0052 3325 Chico Road ITEM NUMBER DATE: 11-15-05 ATTACHMENT 2: Aerial View from GIS TPM 2004-0059 (AT 04-0052) 3325 Chico Road ITEM NUMBER: 4 DATE: 11-15-05 ATTACHMENT 3: Draft Resolution PC 2005-0092 Approving TPM 2004-0059 (AT 04-0052) 3325 Chico Road DRAFT RESOLUTION NO. PC 2005-0092 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING TENTATIVE PARCEL MAP 2004-0059 (AT 04-0052) TO DIVIDE ONE RESIDENTIAL LOT INTO TWO RESIDENTIAL LOTS ON THE WEST SIDE OF TRAFFIC WAY AT 3325 CHICO ROAD (APN 049-072-004) (Myers) WHEREAS, Harold & Gloria Myers, 3325 Chico Road, Atascadero, California 93422 (Applicant/Property Owner) applied for a Tentative Parcel Map to subdivide one lot totaling 2.1 acres, net into two lots of 1.08 and 1.02 acres, net; and, WHEREAS, the proposed project has a General Plan Designation of SFR -Y (Single - Family Residential, 1 acre, gross, minimum) and is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and, WHEREAS, the site is located in the RFS -Y (Residential Single -Family, one acre, gross, minimum) Zoning District with a minimum lot size of 1 acre, gross, which allows for the proposed use and density when certain findings are made; and, WHEREAS, the project is a Class 15 Categorical Exemption from the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Tentative Parcel Map application on November 15, 2005 at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public. NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for approval of subdivision. 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 of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. ITEM NUMBER: 4 DATE: 11-15-05 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 subdivision is consistent with the character of the immediate neighborhood. 7. 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. 8. The proposed subdivision design and type of improvements proposed will not cause serious public health problems. 9. The proposed subdivision will be accomplished without detriment to the adjacent properties. SECTION 2. Approval. The Planning Commission does hereby approve Tentative Parcel Map 2004-0059 (AT 04-0052) to subdivide one parcel totaling 2.1 acres into two parcels of 1.08 and 1.02acres, net, each, subject to the following Exhibits: EXHIBIT A: Conditions of Approval EXHIBIT B: Tentative Parcel Map 2004-0059 (AT 04-0052) On motion by Commissioner and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ADOPTED: ABSTAINED: ITEM NUMBER DATE: 11-15-05 CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary ITEM NUMBER DATE: 11-15-05 EXHIBIT A: Conditions of Approval Draft Resolution PC 2005-0092 TPM 2004-0059 (AT 04-0052) Conditions of Approval Program Timing Responsibility Mitigation /Monitoring Measure TPM 2004-0059 (AT 04-0052) PM: Parcel Map GP: Grading Prmt PS: Planning Services BP: Building Prmt BS: Building Services 3325 Chico Road TO: Temporary FD: Fire Department Occupancy PD: Police F0: Final Occupancy Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Planning Services Standard Planning Conditions 1. The approval of this application shall become final, Ongoing PS subject to the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Parcel Map shall be valid for FM PS two years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date, or a final map is recorded with the County Recorder's Office. 3. The Community Development Department shall have FM PS 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 Tentative Parcel Map. 4. A parcel map drawn in substantial conformance with FM PS the approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 5. The subdivider shall defend, indemnify, and hold Ongoing CA harmless the City of Atascadero or its agents, officers, ITEM NUMBER DATE: 11-15-05 Conditions of Approval Program Timing Responsibility Mitigation /Monitoring Measure TPM 2004-0059 (AT 04-0052) PM: Parcel Map GP: Grading Prmt PS: Planning Services BP: Building Prmt BS: Building Services 3325 Chico Road TO: Temporary FD: Fire Department Occupancy PD: Police F0: Final Occupancy Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company 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 final map shall be subject to additional fees for FM PS park or recreation purposes (QUIMBY Act) as required by City Ordinance. Project Specific Conditions 7. All outbuildings shall be removed from the vacant FM PS/BS parcel (proposed Parcel 2) prior to recording the final map. Engineering Standard Conditions 8. In the event that the applicant is allowed to bond for FM CE any public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 9. An engineer's estimate of probable cost shall be FM CE submitted for review and approval by the City Engineer to determine the amount of the bond. 10. The Subdivision Improvement Agreement shall FM CE record concurrently with the Final Map. 11. The applicant shall enter into a Plan FM CE Check/Inspection agreement with the City. 12. A six (6) foot Public Utility Easement (PUE) shall be FM CE provided contiguous to Traffic Way property frontage, unless written consent from all public and private utility companies is received, stating that no additional easements are necessary. 13. The applicant shall acquire title interest in any off- FM CE site land that may be required to allow for the construction of the improvements. The applicant ITEM NUMBER DATE: 11-15-05 Conditions of Approval Program Timing Responsibility Mitigation /Monitoring Measure TPM 2004-0059 (AT 04-0052) PM: Parcel Map GP: Grading Prmt PS: Planning Services BP: Building Prmt BS: Building Services 3325 Chico Road TO: Temporary FD: Fire Department Occupancy PD: Police F0: Final Occupancy Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company 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. 14. Drainage easements shall be obtained by the FM CE applicant as needed to accommodate both public and private drainage facilities. The applicant shall address storm water detention prior to grading and drainage approval. 15. A preliminary subdivision guarantee shall be FM CE submitted for review in conjunction with the processing of the final parcel map. 16. The final map shall be signed by the City Engineer FM CE prior to the map being placed on the agenda for Planning Commission/City Council acceptance. 17. Prior to recording the final map, the applicant shall FM CE pay all outstanding plan check/inspection fees. 18. Prior to recording the final map, the applicant shall FM CE complete all improvements required by these conditions of approval. 19. Prior to recording the final map, the applicant's FM CE surveyor shall set 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. 20. Prior to recording the parcel map, the applicant shall FM CE submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in ITEM NUMBER DATE: 11-15-05 Conditions of Approval Program Timing Responsibility Mitigation /Monitoring Measure TPM 2004-0059 (AT 04-0052) PM: Parcel Map GP: Grading Prmt PS: Planning Services BP: Building Prmt BS: Building Services 3325 Chico Road TO: Temporary FD: Fire Department Occupancy PD: Police FO: Final Occupancy Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 21. All existing and proposed utility, pipeline, open FM CE space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. The applicant shall show all access restrictions on the final map. 22. Prior to recording the final map, the applicant shall FM CE have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company 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 final map. 23. All public improvements shall be constructed in FM CE conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 24. The applicant shall be responsible for the relocation FM CE and/or alteration of existing utilities. 25. The applicant shall install all new utilities (water, FM CE gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 26. Prior to the final inspection of any public FM CE improvements, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. ITEM NUMBER DATE: 11-15-05 Conditions of Approval Program Timing Responsibility Mitigation /Monitoring Measure TPM 2004-0059 (AT 04-0052) PM: Parcel Map GP: Grading Prmt PS: Planning Services BP: Building Prmt BS: Building Services 3325 Chico Road TO: Temporary FD: Fire Department Occupancy PD: Police F0: Final Occupancy Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company 27. The applicant shall monument all property corners FM CE for construction control and shall promptly replace them if disturbed. FO BS Building /Fire Marshal: 28. All roads, access ways and driveways shall be built to GP FD/PS/BS Fire Department standards, including turnouts and/or turnarounds, as required. 29. All residential structures shall be within 800 feet of a GP FD/PS/BS fire hydrant as measured along the road and driveways. Water Company: FM AMWC 30. Prior to recordation of the Final Map, the applicant shall submit plans for review and approval by AMWC for all existing and proposed water distribution facilities that provide water service to the proposed lots. All new water distribution facilities shall be constructed in conformance with the Atascadero Mutual Water Company standards. The plans shall show any facilities required for fire protection. The plans shall show all cross - connection devices required to isolate the fire protection and landscape irrigation systems from the domestic water system. 31. Prior to the issuance of building permits, the FM AMWC applicant shall obtain a "Will Serve" letter from the Atascadero Mutual Water Company for the newly created Lots. 32. Prior to the start of construction, the applicant shall FM AMWC pay all installation and connection fees required by ITEM NUMBER DATE: 11-15-05 Conditions of Approval Program Timing Responsibility Mitigation /Monitoring Measure TPM 2004-0059 (AT 04-0052) PM: Parcel Map GP: Grading Prmt PS: Planning Services BP: Building Prmt BS: Building Services 3325 Chico Road TO: Temporary FD: Fire Department Occupancy PD: Police F0: Final Occupancy Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company the Atascadero Mutual Water Company. 33. All water distribution facilities shall be constructed in FM AMWC conformance with Atascadero Mutual Water Company standards, policies and approved procedures. All cross -connection devices shall be constructed in conformance with AWWA and Department of Health Services standards. 34. Separate legal parcels require separate water FM AMWC meters for domestic water service. ITEM NUMBER: 4 DATE: 11-15-05 EXHIBIT B: Tentative Parcel Map Draft Resolution PC 2005-0092 TPM 2004-0059 (AT 04-0052) CDvlpmnt\- TPM - Tentative Parcel Maps\TPM 02\TPM 2003-0053 3325 Chico Road \TPM 2003-0053 PC Staff Report.km.doc ITEM NUMBER: 5 DATE: 11-15-05 Atascadero Planning Commission Staff Report - Community Development Department Conditional Use Permit 2005-0166 Amendment (1215 EI Camino Real/ Boneso) SUBJECT: An amendment to the original Conditional Use Permit for a mobile home park in order to facilitate lot reconfiguration. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2005-0093 to approve Conditional Use Permit amendment 2005-0166 based on findings and subject to conditions of approval. SITUATION AND FACTS: 1. Applicant / Owner: Boneso Family Trust P.O. Box 932, Paso Robles, CA 93447 2. Location: 1215 EI Camino Real Atascadero (San Luis Obispo County), California APN# 049-042-019 3. General Plan Designation 4. Zoning District: 5. Existing Use: 6. Proposed Lot Areas MFR -16 RMF -16 Mobile Home Park Parcel 1: 1.4 -acres Parcel 2: 6.6 -acres 6. Environmental Status: Categorical Exemption ITEM NUMBER: 5 DATE: 11-15-05 DISCUSSION: Background On October 30, 1968, the County Planning Commission approved a Conditional Use Permit to allow a 61 -unit mobile home park with an existing residence on an approximately 8 -acre lot, subject to Conditions of Approval. The location of the mobile homes is clustered toward the rear of the property. Access is taken from El Camino Real with separate access to the mobile home park and the single-family residence. The mobile home park is connected to an onsite septic system, located adjacent to the single family residence. On October 28, 2004, the City received an application for a Lot Line Adjustment to reconfigure the existing lots (Attachment 3). The proposed lot configuration will separate the existing residence to be located on Parcel 1 from the mobile home park to be located on Parcel 2 with an access easement serving 61 dwelling units. Analysis The figures below demonstrate the existing and recommended lot reconfigurations to provide the access way in -fee: L _J _J _J Figure 2: Recommended A. Mobile Home access SFR access Figure 1: Existing L _J _J _J Figure 2: Recommended ITEM NUMBER: 5 DATE: 11-15-05 One of the required findings for a Conditional Use Permit is "that the proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development" (Attachment 4, finding 4). The General Plan designation for the subject site is High Density Residential (HDR). There are underdeveloped lots located west of the Mobile Home Park and approved Planned Developments located to the north and south (fig. 3). Staff recommends that the mobile home park maintain the access way in -fee in order to avoid the inappropriate creation and overburdening of an access easement. Staff also recommends that there be a 25'-0" wide offer of dedication to the site in order to plan for the orderly development of the adjacent multi -family lots (Condition 8). The 25-0" wide offer of dedication will provide a portion of the requirement for a local street, in the event that a street became necessary for future development. 62 -unit Planned a ;� Development Subject Site Planned Development Figure 3: Vicinity Development Environmental Determination The project has been determined to be Categorically Exempt under Class 5 section 15305 Minor Alterations in Land Use Limitations, according to the provisions of the California Environmental Quality Act (CEQA). CONCLUSION: As conditioned, the proposed project is consistent with the General Plan and Atascadero Municipal Code. Staff finds that the project, as conditioned, meets the required findings necessary for Planning Commission approval. ITEM NUMBER: 5 DATE: 11-15-05 ALTERNATIVES: 1. The Commission may modify the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The Commission should specify the reasons for denial of the project and recommend an associated finding with such action. PREPARED BY: Lisa Wilkinson, Assistant Planner ATTACHMENTS: Attachment 1: Vicinity and Zoning Map Attachment 2: Aerial View Attachment 3: Lot Line Adjustment Map Attachment 4: Draft Resolution PC 2005-0093 ITEM NUMBER: 5 DATE: 11-15-05 Attachment 1: Vicinity and Zoning 1 RS ora l - RS i Project Site: 1215 EI Camino Real R ql� RMF -16 ode Gad o 0 RMF -10 Q�oe z, CF'K ?-�aa ITEM NUMBER DATE: 11-15-05 Attachment 2: Aerial View (CUP 2005-0166) ITEM NUMBER: 5 DATE: 11-15-05 Attachment 3: Lot Line Adjustment Map (CUP 2005-0166) ITEM NUMBER: 5 DATE: 11-15-05 Attachment 4: Draft Resolution PC 2005-0093 DRAFT RESOLUTION PC 2005-0093 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO THE CONDITIONAL USE PERMIT 2005-0166 TO ALLOW A RECONFIGURATION OF THE EXISTING LOT PROVIDING ACCESS WAY IN FEE TO THE MOBILE HOME PARK LOCATED AT 1215 EL CAMINO REAL (APN 049-042-019) (Boneso) WHEREAS, an application has been received from the Boneso Family Trust (P.O. Box 932, Paso Robles, CA 93447), applicant and property owner, to consider a request to reconfigure the existing property lines; and, WHEREAS, the site's General Plan Land Use Designation is High Density Residential (HDR) and, WHEREAS, the site's zoning district is Residential Multifamily -16 (RMF -16) and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit application was held by the Planning Commission of the City of Atascadero, at which hearing evidence, both oral and documentary, was admitted on behalf of said project; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on November 15, 2005, studied and considered the proposed Conditional Use Permit; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as follows: 1. The proposed project has been analyzed and found categorically exempt according to Class 5, section 15305 of the California Environmental Quality Act (CEQA). ITEM NUMBER DATE: 11-15-05 SECTION 2. Findings for Approval of Conditional Use Permit. The Planning Commission finds as follows: The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on November 15, 2005, resolved to approve Conditional Use Permit 2005-0166 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Conditioned Lot Configuration ITEM NUMBER: 5 DATE: 11-15-05 On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER DATE: 11-15-05 EXHIBIT A: Conditions of Approval (CUP 2005-0166) Conditions of Approval / Timing Responsibili Notes Mitigation Monitoring Program ty /Monitoring BL: Business License GP: Grading Permit PS: Planning Services CUP 2005-0166 BP: Building Permit FI: Final Inspection BS: Building Services FD: Fire Department TO: Temporary PD: Police Department CE: City Engineer Occupancy F0: Final Occupancy WW: wastewater CA: City Attorney FMP: Final Map Planning Services 1. This Conditional Use Permit amendment shall be for the Mobile PS Home Park located at 1215 EI Camino Real (APN 049-042-019), regardless of owner. 2. The approval of this use permit shall become final and effective PS fourteen (14) days following the Planning Commission approval unless prior to that date, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. Approval of this Conditional Use Permit shall be valid for twelve PS (12) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the applicant has received an extension of entitlement. 4. Approval of this Conditional Use Permit shall be consistent with Ongoing PS Atascadero Municipal Code Zoning Ordinance. Any violations of the CUP shall be subject to review and reconsideration by the Planning Commission at a noticed public hearing. 5. The Community Development Department shall have the authority Ongoing PS to approve minor changes to the project that address a design issue that is not substantive to the land use. 6. The property owner shall defend, indemnify, and hold harmless the Ongoing ALL City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the Conditional Use Permit. 7. The project shall be consistent with Exhibit B. Ongoing PS 8. The mobile home park shall meet the applicable zoning standards FMP PS for Mobile Home Parks, including density and lot coverage. Public Works 9. There shall be a 25-0" wide offer of dedication located along the FMP CE northern portion of the property line from EI Camino Real, subject to City Engineer improvement standards. ITEM NUMBER DATE: 11-15-05 Conditions of Approval / Timing Responsibili Notes Mitigation Monitoring Program ty /Monitoring BL: Business License PS: Planning Services GP: Grading Permit BS: Building Services CUP 2005-0166 BP: Building Permit FI: Final Inspection FD: Fire Department TO: Temporary PD: Police Department Occupancy CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney FMP: Final Map 10. When either parcel and/or Parcel 2 develop, the entire frontage Ongoing CE shall be improved to City standard. 11. All utility lines for the mobile home park shall be located within a FMP CE utility easement or relocated in the flag portion of the lot. Exhibit B: Conditioned Lot Configuration (CUP 2005-0166) W F - Cl) ;- ....... ....... ........... ............. ............ r ...... .......... ....... . ............ ............. ............. ............. ........... .......... - - ------- -- ........... .............. ...... .. :. - - ................ ............. vi W%j OmW,3.m ITEM NUMBER: 5 DATE: 11-15-05 25'-0" wide offer of dedication ------- ... t. T_� of W%j OmW,3.m ITEM NUMBER: 5 DATE: 11-15-05 25'-0" wide offer of dedication ITEM NUMBER: 6, 7, 8 DATE: 11-15-05 Atascadero Planning Commission Staff Report - Community Development Department Traffic Way Variance 2005-0006, 0007, 0008 Front Yard Setback (Gearhart) SUBJECT: The proposed projects consist of a request for a Variance to reduce the required 25 -foot front yard setback on multiple sites within the Single -Family Residential Zone. RECOMMENDATION: Staff Recommends: 1. Adopt Resolution PC 2005-0095 approving Variance 2005-0006 based on findings and subject to conditions. 2. Adopt Resolution PC 2005-0096 approving Variance 2005-0007 based on findings and subject to conditions. 3. Adopt Resolution PC 2005-0097 approving Variance 2005-0008 based on findings and subject to conditions. Situation and Facts: 1. Applicant / Representative: Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422 2. Project Locations: Barrenda Avenue, Atascadero, CA 93422 (San Luis Obispo County) APN 028-332-027 Rosario Avenue, Atascadero, CA 93422 (San Luis Obispo County) APN 028-331-006, 028- 332-001 EI Retiro Avenue, Atascadero, CA 93422 (San Luis Obispo County) APN 031-112-004 I General Plan Designation: Residential Single -Family - Y 4. Zoning District: 5. Existing Use: 6. Environmental Status DISCUSSION: Project Definition Residential Single -Family — Y Vacant Proposed Mitigated Negative Declarations The proposed projects consist of a request to reduce the required 25 -foot front yard setback requirements of the municipal code for single-family residences in the RSF- Y Zone. The request includes Variance applications for 4 single-family residential parcels, one on Barrenda, two on Rosario, and one on EI Retiro. The applicant has applied for a building permit to extend City sewer to the proposed building sites. Project Summary Project Site Proposed Residence Setback Proposed Garage Setback Barrenda Ave 25 -feet 5 -feet Rosario Ave 20 -feet 15 -feet EI Retiro Ave 5.64 -feet 5.64 -feet Analysis Barrenda Avenue: Proiect Definition The applicant is proposing to reduce the required 25 -foot font yard setback to 5 feet for the proposed detached garage. The main residence will be maintained at the required 25 -foot setback and is designed as a two-story home to limit the building footprint. I I .�1 y• r MVr W17 --� Tree Removals Removals As proposed, the applicant is requesting the removal of 1 native oak trees as shown in the following chart. All removals will be mitigated per the requirements of the Atascadero Native Tree Ordinance. Evergreen Native Trees (inches) Deciduous Native Trees (inches) dbh notes 1 10 -inches 1 2 2 3 3 4 4 5 5 6 6 Total 10 -inches Mitigation Requirement Tree Fund Payment: $ dbh notes Total 0 -inches 83.33 Tree Fund Payment: $ Totals 10 -inches $ 83.33 The applicant has provided a tree removal/impact comparison of each alternative. As shown, the proposed design with the requested front setback of 5 -feet reduces the number of native tree removals by 3 trees including two 36" Live Oaks and one 24" Live Oak. Site Plan Yb. 101 Rosario Avenue: Project Definition The applicant is proposing to reduce the required font yard setback to 15 feet for the proposed detached garage and 20 -feet for the proposed residence. The residence is designed as a two-story home to limit the building footprint. Retaining walls are incorporated into the design of the residences to further limit the amount of necessary grading as shown in the following building sections: --r------------^ ----' nny.a ... I ,- I Tree Removals As proposed, the applicant is requesting the removal of 11 native oak trees as shown in the following chart. All removals will be mitigated per the requirements of the Atascadero Native Tree Ordinance. Evergreen Native Trees (inches) 1 2 3 4 5 6 7 8 9 10 11 12 Total dbh 8 -inches 18 -inches 18 -inches 12 -inches 8 -inches 8 -inches 4 -inches 12 -inches 24 -inches 10 -inches 8 -inches 130 -inches Mitigation Requirement Tree Fund Payment: $ notes Deciduous Native Trees (inches) 1 2 3 4 5 6 7 8 9 10 11 12 Total dbh notes 0 -inches 1,083.33 Tree Fund Payment: $ Totals 130 -inches $ 1,083.33 The applicant has provided a tree removal/impact comparison of each alternative. As shown, the proposed design with the requested front setback of 5 -feet reduces the number of native tree removals by 3 trees including one 48" Live Oak and one 36" Live Oak. Site Plan EI Retiro Avenue: Project Definition The applicant is proposing to reduce the required font yard setback to 5 feet for the proposed single-family residence and attached garage. The garage is designed to be integrated into the hillside with two residential floors located above. The rear wall of the garage is designed as a retaining wall to minimize grading of the hillside area. I� .0 !, � .3ro &%KW ff. IV I c — W W= IC SECTION W I.'c Tree Removals As proposed, the applicant is requesting the removal of 2 native oak trees as shown in the following chart. All removals will be mitigated per the requirements of the Atascadero Native Tree Ordinance. Evergreen Native Trees (inches) Deciduous Native Trees (inches) Mitigation Requirement Tree Fund Payment: $ 325.00 Tree Fund Payment: $ Site Plan Totals 39 -inches $ 325.00 dbh notes dbh notes 1 14 -inches 1 2 18 -inches 2 3 7 -inches 3 4 l i II i ' p,1 4 5 IQ 5 6 6 Total 39 -inches Total 0 -inches Mitigation Requirement Tree Fund Payment: $ 325.00 Tree Fund Payment: $ Site Plan Totals 39 -inches $ 325.00 Frontage Improvements The applicant will be required to construct Linda Vista Rd to a minimum width of 20 - feet (EI Retiro Condition 8). �`` 11� i i r 1 l i II i ' p,1 I I r i i IQ �' x'11 � 1 I i 1 / � �% i � i IMI 'i'•�,•'l�• ,.1•s,,�\ .�'�,. I , �' lJ i t , � �,. r� 1 r • h I 1 i t I i � � Frontage Improvements The applicant will be required to construct Linda Vista Rd to a minimum width of 20 - feet (EI Retiro Condition 8). Findings: Variance In order to approve an exception to the Development Standards contained in the Zoning Ordinance, the Planning Commission must make the following findings: 1. The Variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated; and, Staff Comment: Each project site is sloped and contains native trees. The zoning ordinance allows for a sloping lot setback adjustment to 5 -feet for sites with more than 7 -foot rise measured 50 -feet from the centerline of the street with the approval of an AUP. The proposed building sites present a similar situation but are not sloped enough to meet the code requirements for the setback adjustment. The Variance to reduce the front setback Variance will preserve native trees and reduce on-site grading. 2. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, and because of these circumstances, the application of this title would deprive the property of privileges enjoyed by other property in the vicinity and in the same zoning district; and, Staff Comment: Due to the site slopes and native oak trees, the proposed Variance appears to be superior to an alternative building site that would significantly impact the site in terms of hillside grading and native tree impacts. 3. The Variance does not authorize a use which is not otherwise authorized in the zoning district; and Staff Comment: A single family home is allowed use on the subject site. 4. The granting of such Variance does not, under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements. Staff Comment: Staff has reviewed the proposed building locations. All proposed residences will have adequate sight distance to exit onto the respective streets. Tree Removals Pursuant to the Tree Ordinance (Ordinance No. 214), "decisions on native tree removals of 24 -inch dbh-size or larger shall be made by the Planning Commission." In considering any tree removal request, at least one of the following findings must be made: 1) The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist, 2) The tree is crowded by other healthier native trees, thinning (removal) would promote healthier growth in the trees to remain, as certified by a tree condition report from an Arborist; 3) The tree is interfering with existing utilities and/or structures, as certified by a report from the Site Planner; 4) The tree is inhibiting sunlight needed for existing and/or proposed active or passive solar heating or cooling, as certified by a report from the Site Planner; 5) 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 savina the tree reauires the removal of more desirable trees. Based on staff's analysis in the preceding sections, it appears that all of the required findings for approval of the requested Variances and tree removals can be met. CONCLUSION: The proposed project is consistent with the General Plan and Atascadero Municipal Code, including the Native Tree Ordinance, as analyzed within this staff report. It is staff's opinion that the proposed projects allow the Planning Commission to make all of the required findings for project approval. ALTERNATIVES: 1. The Commission may recommend modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The parcel would retain its designation of Single -Family Residential - Y. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Proposed Mitigated Negative Declaration (Barrenda) Attachment 3: Proposed Mitigated Negative Declaration (Rosario) Attachment 4: Proposed Mitigated Negative Declaration (EI Retiro) Attachment 5: Draft Resolution 2005-0095 Attachment 6: Draft Resolution 2005-0096 Attachment 7: Draft Resolution 2005-0097 Attachment 1: Location Map, General Plan and Zoning W2, General Plan Desi nag tion: -General Plan: Single Family Residential - Y ZoningDesignation: -Zoning District: Residential Single - Family — Y General Plan Designation: -General Plan: Single Family Residential - Y ZoningDesignation: -Zoning District: Residential Single - Family — Y General Plan Designation: -General Plan: Single Family Residential - Y Zoning Designation: -Zoning District: Residential Single - Family — Y Attachment 2: L Proposed Mitigated Negative Declaration (Barrenda) See Following Attachment 3: Proposed Mitigated Negative Declaration (Rosario) See Following Attachment 4: Proposed Mitigated Negative Declaration (EI Retiro) See Following ATTACHMENT 5: Draft Resolution PC 2005-0095 Variance DRAFT RESOLUTION PC 2005-0095 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, CERTIFYING PROPOSED MITIGATED NEGATIVE DECLARATION 2005-0054 AND APPROVING VARIANCE 2005-0006, ALLOWING A REDUCTION IN FRONT YARD SETBACK ON APN 028-332-027 (Barrenda / Gearhart) WHEREAS, an application has been received from Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422), applicant and property owner, to consider a project consisting of a Variance to allow encroachment into the front yard setback on APN 028-332- 027; and, WHEREAS, the site's General Plan Designation is SFR -Y (Single -Family Residential -Y); and, WHEREAS, the site's current zoning district is RSF-Y (Residential Single -Family - Y); and WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2005- 0054 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 was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Variance; and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on November 15, 2005 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Certification of Proposed Mitigated Negative Declaration 2005- 0054 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, The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project. 4. The project will not achieve short-term to the disadvantage of long-term environmental goals. The project does not have impacts which are individually limited, but cumulatively considerable. 6. The project will not cause substantial adverse effects on human beings either directly or indirectly. SECTION 2. Findings for approval of Tree Removal. 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: • 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. Findings for approval of Variance. The Planning Commission finds as follows: 1. The Variance authorized does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated: and 2. There are special circumstances applicable to the property, including size, and shape of the lot, and the existence of three large native trees, and because of these circumstances, the application of this title would deprive the property of privileges enjoyed by other property in the vicinity and in the same zoning district; and 3. The Variance does not authorize a use which is not otherwise authorized in the Zoning District; and 4. The granting of such Variance does not, under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements. SECTION 4. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on November 15, 2005, resolved to approve Variance 2005-0006 consistent with the following: EXHIBIT A: Site Plan EXHIBIT B: Conditions of Approval EXHIBIT C: 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: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Site Plan EXHIBIT B: Conditions of Approval - VAR 20040006 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services Barrenda Variance License FD: Fire Department VAR -2005-0006 GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy Planning Services 1. The approval of this Variance shall become final and effective following BP PS Planning Commission approval. 2. Approval of this Variance shall be valid for twelve (12) months after its BP PS 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 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 Variance. 4. All subsequent construction permits shall be consistent with the Site BPM PS, CE Plan (Exhibit A) contained herein. 5. All recommendations of the project arborist / tree preservation report BP PS shall be strictly adhered to. 6. All native tree removals shall be mitigated for consistent with the BP PS requirements of the Atascadero Native Tree Ordinance. City Engineer Conditions 7. Grading and Drainage Plans shall be required to be submitted with any BP CE subsequent building permit application. Grading and Drainage plans shall be reviewed and approved bathe City Engineer. Approval of this Variance application shall not preclude the requirements of the Atascadero Municipal Code or Engineer Standards for on-site grading and drainage. 8. Barrenda shall be widened to City Standard resulting in a minimum of 10 -feet from the centerline. All improvement plans shall be drawn by a registered civil engineer. 9. Barrenda Rd shall be overlayed consistent with City Standards and as approved by the City Engineer. EXHIBIT C: Tree Removal Chart Evergreen Native Trees (inches) Deciduous Native Trees (inches) dbh notes dbh notes 1 10 -inches 1 2 2 3 3 4 4 5 5 6 6 Total 10 -inches Total 0 -inches Mitigation Requirement Tree Fund Payment: $ 83.33 Tree Fund Payment: $ Totals 10 -inches $ 83.33 ATTACHMENT 6: Draft Resolution PC 2005-0096 Variance DRAFT RESOLUTION PC 2005-0096 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, CERTIFYING PROPOSED MITIGATED NEGATIVE DECLARATION 2005-0056 AND APPROVING VARIANCE 2005-0007, ALLOWING A REDUCTION IN FRONT YARD SETBACK ON APN 028-331-0069 028-332-001 (Rosario / Gearhart) WHEREAS, an application has been received from Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422), applicant and property owner, to consider a project consisting of a Variance to allow encroachment into the front yard setback on APN 028-331- 006, 028-332-001; and, WHEREAS, the site's General Plan Designation is SFR -Y (Single -Family Residential -Y); and, WHEREAS, the site's current zoning district is RSF-Y (Residential Single -Family - Y); and WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2005- 0056 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 was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Variance; and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on November 15, 2005 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Certification of Proposed Mitigated Negative Declaration 2005- 0056 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, The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project. 4. The project will not achieve short-term to the disadvantage of long-term environmental goals. The project does not have impacts which are individually limited, but cumulatively considerable. 6. The project will not cause substantial adverse effects on human beings either directly or indirectly. SECTION 2. Findings for approval of Tree Removal. 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: • 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. Findings for approval of Variance. The Planning Commission finds as follows: The Variance authorized does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated: and 6. There are special circumstances applicable to the property, including size, and shape of the lot, and the existence of three large native trees, and because of these circumstances, the application of this title would deprive the property of privileges enjoyed by other property in the vicinity and in the same zoning district; and 7. The Variance does not authorize a use which is not otherwise authorized in the zoning district; and 8. The granting of such Variance does not, under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements. SECTION 4. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on November 15, 2005, resolved to approve Variance 2005-0007 consistent with the following: EXHIBIT A: Site Plan EXHIBIT B: Conditions of Approval EXHIBIT C: 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: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT B: Site Plan EXHIBIT B: Conditions of Approval - VAR 20040007 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services Rosario Variance License FD: Fire Department VAR -2005-0007 GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy Planning Services 1. The approval of this Variance shall become final and effective BP PS following Planning Commission approval. 2. Approval of this Variance shall be valid for twelve (12) months after its BP PS 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 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 Variance. 4. All subsequent construction permits shall be consistent with the Site BPM PS, CE Plan (Exhibit A) contained herein. 5. All recommendations of the project arborist / tree preservation report BP PS shall be strictly adhered to. 6. All native tree removals shall be mitigated for consistent with the BP PS requirements of the Atascadero Native Tree Ordinance. City Engineer Conditions: 7. Grading and Drainage Plans shall be required to be submitted with BP CE any subsequent building permit application. Grading and Drainage plans shall be reviewed and approved bathe City Engineer. Approval of this Variance application shall not preclude the requirements of the Atascadero Municipal Code or Engineer Standards for on-site grading and drainage. 8. The site shall accept all historic flows and shall detain all additional flows on-site. Development of the site shall not exacerbate any adjacent parcels. 9. Barrenda Avenue shall be overlayed to City Standard, subject to the approval of the City Engineer. EXHIBIT C: Tree Removal Chart Evergreen Native Trees (inches) 1 2 3 4 5 6 7 8 9 10 11 12 Total dbh 8 -inches 18 -inches 18 -inches 12 -inches 8 -inches 8 -inches 4 -inches 12 -inches 24 -inches 10 -inches 8 -inches 130 -inches Mitigation Requirement Tree Fund Payment: $ notes Deciduous Native Trees (inches) 1 2 3 4 5 6 7 8 9 10 11 12 Total dbh notes 0 -inches 1,083.33 Tree Fund Payment: $ Totals 130 -inches $ 1,083.33 ATTACHMENT 7: Draft Resolution PC 2005-0097 Variance DRAFT RESOLUTION PC 2005-0097 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, CERTIFYING PROPOSED MITIGATED NEGATIVE DECLARATION 2005-0055 AND APPROVING VARIANCE 2005-0008, ALLOWING A REDUCTION IN FRONT YARD SETBACK ON APN 031-112-004 (El Retiro / Gearhart) WHEREAS, an application has been received from Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422), applicant and property owner, to consider a project consisting of a Variance to allow encroachment into the front yard setback on APN 031-112- 004; and, WHEREAS, the site's General Plan Designation is SFR -Y (Single -Family Residential -Y); and, WHEREAS, the site's current Zoning District is RSF-Y (Residential Single -Family - Y); and WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2005- 0055 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 was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Variance; and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on November 15, 2005 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Certification of Proposed Mitigated Negative Declaration 2005- 0055 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, The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project. 4. The project will not achieve short-term to the disadvantage of long-term environmental goals. The project does not have impacts which are individually limited, but cumulatively considerable. 6. The project will not cause substantial adverse effects on human beings either directly or indirectly. SECTION 2. Findings for approval of Tree Removal. 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: • 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. Findings for approval of Variance. The Planning Commission finds as follows: 9. The Variance authorized does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated: and 10. There are special circumstances applicable to the property, including size, and shape of the lot, and the existence of three large native trees, and because of these circumstances, the application of this title would deprive the property of privileges enjoyed by other property in the vicinity and in the same zoning district; and 11. The Variance does not authorize a use which is not otherwise authorized in the zoning district; and 12. The granting of such Variance does not, under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements. SECTION 4. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on November 15, 2005, resolved to approve Variance 2005-0008 consistent with the following: EXHIBIT A: Site Plan EXHIBIT B: Conditions of Approval EXHIBIT C: 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: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Site Plan aka ` 6 :,if a sm n FI ixu 1-1 1.11 w E EXHIBIT B: Conditions of Approval - VAR 20040008 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services EI Retiro Variance License FD: Fire Department VAR -2005-0008 GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy Planning Services 1. The approval of this Variance shall become final and effective BP PS following Planning Commission approval. 2. Approval of this Variance shall be valid for twelve (12) months after its BP PS 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 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 Variance. 4. All subsequent construction permits shall be consistent with the Site BPM PS, CE Plan (Exhibit A) contained herein. 5. All recommendations of the project arborist / tree preservation report BP PS shall be strictly adhered to. 6. All native tree removals shall be mitigated for consistent with the BP PS requirements of the Atascadero Native Tree Ordinance. 7. Grading and Drainage Plans shall be required to be submitted with BP CE any subsequent building permit application. Grading and Drainage plans shall be reviewed and approved bathe City Engineer. Approval of this Variance application shall not preclude the requirements of the Atascadero Municipal Code or Engineer Standards for on-site grading and drainage. 8. The developer shall be required to construct Linda Vista Rd to a BP CE minimum width of 20 -feet, subject to the approval of the City Engineer. \\Cityhall\cdvlpmnt\- VAR - Variance\VAR 05\VAR 2005-0007 Rosario\VAR 2005-0006.7.8.PC-SR.kg.doc EXHIBIT C: Tree Removal Chart Evergreen Native Trees (inches) Deciduous Native Trees (inches) Mitigation Requirement Tree Fund Payment: $ 325.00 Tree Fund Payment: $ Totals 39 -inches $ 325.00 dbh notes dbh notes 1 14 -inches 1 2 18 -inches 2 3 7 -inches 3 4 4 5 5 6 6 Total 39 -inches Total 0 -inches Mitigation Requirement Tree Fund Payment: $ 325.00 Tree Fund Payment: $ Totals 39 -inches $ 325.00