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Home My WebLink AboutPC_2004-02-17_AgendaPacketCITY OFATASCADERO PLANNING COMMISSION AGENDA Regular Meeting February 17, 2004 — 7:00 P.M. City of Atascadero Pavilion on the Lake 9315 Pismo Ave. - Atascadero, California CALL TO ORDER Pledge of Allegiance PLANNING COMMISSION BUSINESS A. Administration of Oath of Office City Clerk Marcia McClure Torgerson will administer the Oath of Office to Planning Commission Members Bob Kelley and Tim Peterson. Roll Call: Chairperson Kelley Vice Chairperson Jones Commissioner Beraud Commissioner Fonzi Commissioner O'Keefe Commissioner Peterson Commissioner Porter 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 FEBRUARY 3, 2004. COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name and address for the record and can address the Commission for five minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 2. TENTATIVE PARCEL MAP 2003-0054,5760 OLMEDA AVE. Applicant / Ric Paul, 446 Printz Road, Arroyo Grande, CA 93420 Representative: Project Title: Tentative Parcel Map 2003-0054 Location: 5760 Olmeda Ave., Atascadero, CA 93422, San Luis Obispo County APN 029-252-007 Project Description: A proposed condominium map creating two airspace units and one common lot for two detached units on a multi -family lot. The parcel is slightly sloped. One native oak tree will be removed. City sewer will serve the property, and water is available from Atascadero Mutual Water Company. General Plan Designation: High Density Residential Zoning District: Residential Multi -family— 16 (RMF -16) Proposed The project qualifies for a Class 3(b) Categorical Exemption which exempts the conversion and/or Environmental construction of small structures including multi -family projects of less than 4 units that do not Determination: otherwise create a negative impact. 3. PINE MOUNTAIN TRANSFER OF DEVELOPMENT RIGHTS, GPA 2003- 0009/ZCH 2003-0073/DAG 2004-0001, COROMAR AVENUE ZCH 2003-0072/ZCH 2003-0074/CUP 2003-0120/TTM 2003-0041, COLIMA ROAD ZCH 2003-0076/TTM 2003-0042FERROCARIL ROAD - DE ANZA ESTATES, CUP AMENDMENT 2002-0067/TTM 2003-0045 (GEARHART, MOLINA, JOHNSON) Applicant / Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422 Representative: William Johnson, 8955 Coromar Avenue, Atascadero, CA 93422 George Molina, 5000 Marchant Avenue, Atascadero, CA 93422 Project Title: Pine Mountain Transfer of Development Rights, GPA 2003-0009/ZCH 2003-0073/DAG 2004- 0001, Coromar Avenue ZCH 2003-0072/ZCH 2003-0074/ CUP 2003-0120/TTM 2003-0041, Colima Road ZCH 2003-0076/TTM 2003-0042 Ferrocaril Road - De Anza Estates, CUP Amendment 2002- 0067/TTM 2003- 0045 (Gearhart, Molina, Johnson) Location: Pine Mountain (APN 028-231-003), 8825, 8955 Coromar Ave (APN 056-111-027, 056-111- 023), 3680, 3700 Colima (Tentative Tract Map 2557), Ferrocaril Rd - De Anza Estates (049- 011-004), Atascadero (SLO County) Project Description: Development Agreement: The project will be processed with a development agreement. The development agreement will be utilized as a legal vehicle to provide for a transfer of site-specific development credits without creating a program that will produce unintended consequences, or a precedent requiring that the City allow increased density on any other sites in Atascadero. The development agreement will incorporate specific government code section procedures to limit its use to the proposed project type and restrict its use in situations where development agreements may be inappropriate. The development agreement will be reviewed by the Planning Commission prior to consideration for adoption in ordinance form by the City Council. The proposed development agreement is for a transfer of eight single-family residential lots from Pine Mountain to two receiver sites under a General Plan Amendment and Zone Change process. In addition, a site located along Coromar Avenue will receive a land use and zone change to allow 16 single-family residential lots. The project includes the following additional actions at each site: A. Coromar Avenue: General Plan Amendment from General Commercial to SFR -X (Maximum density of 4 units per acre with a minimum lot area of 0.5 acres net. Smaller lot sizes up to 4 units per acre allowed through a planned development overlay process). Zone Change from CR & CT to RSF-Xzone with Planned Development Overlay No. 17/Conditional Use Permit corresponds to the general plan amendment. The Planned Development Overlay No. 17 may be established in the RSF X single family residential zones on lots with a net acreage exceeding one (1) acre. The maximum density within the planned development shall not exceed a gross density offour (4) units per acre. This overlay zone contains specific site development standards that are incorporated into the proposed project. A Vesting Tentative Tract Map is also included corresponding to the proposed 16 residential lots (maximum project entitlement) and site improvements. In addition, a zone change is proposed for a separate but contiguous single-family residential property located at 8955 Coromar Avenue for land use consistency, not subject to the proposed development agreement or above-mentioned planed development. B. Colima Road: General Plan Amendment from SE (2.5 —10 ac lot size) to RSF-Y (Minimum lot size I acre - second units allowed subject to zoning requirements). Zone Change from RS to RSF-Y corresponds to the general plan amendment. A new Planned Development Overlay No. 21 is required to allow one preexisting lot to remain less than one acre and to restrict all lots from adding second dwelling units. A Tentative Tract Map is also included corresponding to the proposed 5 residential lots and site improvements. Maximum project entitlement five (5) lots, three (3) of which are transferred units from the Pine Mountain property plus two (2) lots that currently exist. C. Ferrocaril Road (De Anza Estates): General Plan Amendment from SE (2.5 —10 ac lot size) to RSF-Y (Minimum lot size I acre. Second units allowed subject to zoning requirements). Zone Change from RS to RSF-Y corresponding to the general plan amendment and an amendment to an existing Master Plan of Development to reflect the additional lots and to restrict second dwelling units on all 20 lots within the on-site Planned 4. GENERAL PLAN AMENDMENT 2003-0007 (LOC CYCLE 1-2004): ECOSLO LAWSUIT SETTLEMENT TEXT AMENDMENTS Applicant: Development No. 16. A Tentative Tract Map is also included corresponding to the new Project Title: proposed lots. Maximum project entitlement: twenty (20) units (Five (5) additional units, all Project of which are transferred units from Pine Mountain plus fifteen (15) lots that currently exist). Location: As an amendment to the existing Master Plan of Development, the project includes Project conceptual building locations and architectural floor plans and elevations. In the event these Description: buildings are proposed for construction, conditions of approval have been included to meet the original Planned development design intent. D. Pine Mountain: No additional applications. Maximum project entitlement: 0 units, eight (8) units will be transferred from the Pine Mountain property leaving no development credits on the property. The property will be provided to the City free and clear upon project approval through Proposed terms of the development agreement. Environmental Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. Proposed The proposed Mitigated Negative Declaration is available for public review from 1/12/04 through Environmental 2/10/04 at 6905 El Camino Real Suite 6, Community Development Department, from 8:00 a.m. Determination: to 5:00 p.m., Monday through Friday. 4. GENERAL PLAN AMENDMENT 2003-0007 (LOC CYCLE 1-2004): ECOSLO LAWSUIT SETTLEMENT TEXT AMENDMENTS Applicant: City of Atascadero Project Title: General Plan Amendment 2003-0007 Project City wide General Plan Amendment Location: Project As part of the settlement agreement for the ECOSLO lawsuit on the 2025 General Plan Update, two text Description: amendments to the General Plan are required. 1. Amend LOC Policy 8.2.2. To require a 35 -foot building setback from the creek reservation parcels along Atascadero Creek and Graves Creek. 2. Amend Table II -3 "General Plan — Maximum Potential Development" to clarify that the build out number is a projection and not a maximum cap. Proposed The proposed project has been analyzed adequately in the 2002 General Plan EIR pursuant to applicable Environmental standards and impacts have been avoided or mitigated pursuant to that EIR. Determination: COMMISSIONER COMMENTS & REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be March 2, 2004, at the Pavilion on the Lake, 9315 Pismo Avenue, Atascadero. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to this public hearing. City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m., at the Pavilion on the Lake, 9315 Pismo Ave., Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall Annex business hours at the Community Development counter and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-5000, or the City Clerk's Office, (805) 461-5000. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Commission regarding the matter being considered to step up to the podium. If you wish to speak for, against or comment in any way: • You must approach the podium and be recognized by the Chairperson • Give your name and address (not required) • Make your statement • All comments should be made to the Chairperson and Commission • All comments limited to 5 minutes (unless changed by the Commission) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at least 24 hours prior to the meeting. Access to hook up your laptop to the City's projector will be provided. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Chairperson before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "PUBLIC HEARINGS", the Chairperson will call for anyone from the audience having business with the Commission to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Commission's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Commission). \\Cityhall\CDvlpmnt\— PC Agendas\PC Agenda - Welcome and meeting information rev. 11-03.am.doc DRAFT ITEM NUMBER: 1 DATE: 2/17/04 CITY OF A TASCADERO PLANNING COMMISSION MINUTES Regular Meeting February 3, 2004 — 7:00 P.M. CALL TO ORDER Chairperson Fonzi called the meeting to order at 7:02 p.m. and Commissioner Porter led the Pledge of Allegiance. ROLL CALL Present: Commissioners Bentz, Beraud, Jones, O'Keefe, Porter, Kelley and Chairperson Fonzi Absent: None Staff: Community Development Director Warren Frace, City Engineer Steve Kahn, Planning Services Manager Steve McHarris, Associate Planner Kelly Gleason, Associate Planner Kerry Margason, Assistant Planner Lisa Wilkinson, Civil Engineer Jeff van den Eikhof and Recording Secretary Grace Pucci. APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Commissioner O'Keefe to approve the agenda. AYES: Commissioners Bentz, O'Keefe, Beraud, Jones, Porter, Kelley and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 7.0 by a roll -call vote. PLANNING COMMISSION BUSINESS A. ELECTION OF NEW CHAIR AND VICE -CHAIR Chairperson Fonzi thanked the Commission for their support during her tenure as Chairperson. MOTION: By Chairperson Fonzi and seconded by Commissioner Jones to elect Vice Chairperson Kelley to the position of Planning Commission Chairperson. AYES: Commissioners Jones, Bentz, Beraud, Porter, O'Keefe, Kelley and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 7.0 by a roll -call vote. MOTION: By Commissioner Fonzi and seconded by Commissioner Bentz to elect Commissioner Jones to the position of Planning Commission Vice Chairperson. AYES: Commissioners Fonzi, Bentz, Jones, Beraud, Porter, O'Keefe and Chairperson Kelley NOES: None ABSTAIN: None Motion passed 7.0 by a roll -call vote. Chairperson Kelley thanked the Commission for electing him as Chairperson and commended Commissioner Fonzi for the excellent job she had done in the position. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JANUARY 20, 2004. MOTION: By Vice Chairperson Jones and seconded by Commissioner Fonzi to approve the Consent Calendar. AYES: Commissioners Fonzi, Bentz, Beraud, Porter, O'Keefe, Jones and Chairperson Kelley NOES: None ABSTAIN: None Motion passed 7.0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 2. TREE REMOVAL PERMIT 2004-0044,1215 EL CAMINO REAL Request to remove one (1) native oak tree, over 24 -inches in diameter located adjacent to mobile space #1258 at 1215 El Camino Real. Assistant Planner Lisa Wilkinson provided the staff report and answered questions of the Commission. PUBLIC COMMENT Rob Boneso, applicant, questioned the mitigation cost of $800 for the tree removal. He stated this fee was too high given the tree is dead and a danger to the public. There was Commission discussion regarding requiring replanting in lieu of the mitigation fee. The applicant stated that it would be difficult to plant additional trees in the park given the close proximity of the mobile homes and the encroachment of existing trees. It was explained to the applicant that the Planning Commission does not have the latitude to waive the mitigation fee if replanting is not an option. There was discussion regarding the health of the tree. Chairperson Kelley closed the Public Comment period. MOTION: By Commissioner O'Keefe and seconded by Commissioner Fonzi the adopt Resolution PC 2004-0003 to approve the request to remove one native oak tree subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance. AYES: Commissioners O'Keefe, Fonzi, Beraud, Porter, Bentz, Jones and Chairperson Kelley NOES: None ABSTAIN: None Motion passed 7.0 by a roll -call vote. 3. TREE REMOVAL PERMIT 2004-0045,1205 EL CAMINO REAL Request to remove one (1) Valley Oak tree over 24 -inches in diameter located at 1205 El Camino Real. Assistant Planner Lisa Wilkinson provided the staff report and answered questions of the Commission. City Engineer Steve Kahn stated that the City is concerned about the hazardous condition of the tree. Staff has worked with the property owner and it was decided that the City would take care of the mitigation fee and the applicant would remove the tree. PUBLIC COMMENT — None MOTION: By Commissioner Bentz and seconded by Commissioner Porter to adopt Resolution PC 2004-0006 to approve the request to remove one Valley Oak tree subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance. AYES: Commissioners Bentz, Porter, Beraud, Fonzi, O'Keefe, Jones and Chairperson Kelley NOES: None ABSTAIN: None Motion passed 7.0 by a Noll -call vote. PUBLIC HEARINGS 4. TENTATIVE PARCEL MAP 2003-0049,9149 SAN DIEGO RD. Applicant: Joe Jordan, 9149 San Diego Rd, Atascadero, CA 93422 Project Title: Tentative Parcel Map 2003-0049 Project 9149 San Diego Rd., Atascadero, CA 93422, San Luis Obispo County Location: APN 045-353-003 Project A proposed subdivision of an existing 7.47 -acre lot into two individual parcels of 2.50 and 4.97 Description: gross acres. The site is currently developed with a single-family residence, which will be confined to one lot. The new lot will be developed with a new single-family residence. The parcels are slight to moderately sloped and contain one native oak tree. The newly created parcel averages slopes of less than 10%. City sewer will serve the property, and water is available from Atascadero Mutual Water Company. General Plan Designation: RE Zoning District: SFR -Y Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. Environmental The proposed Negative Declaration is available for public review through 2/3/04 at 6905 El Determination Camino Real, Suite 6, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Associate Planner Kelly Gleason provided the staff report and answered questions of the Commission. PUBLIC COMMENT Paul Jordon, applicant's representative, requested Condition of Approval #10 be modified to allow for a 16 foot wide all weather surfaced driveway with 12 feet of paved surface and two feet of gravel shoulder on either side. Mr. Jordon answered questions of the Commission. Chairperson Kelley closed the Public Comment period. There was Commission discussion regarding utilizing an all-weather surface for the entire driveway. MOTION: By Commissioner Bentz and seconded by Commissioner O'Keefe to adopt Resolution PC 2004-0004, certifying the proposed Mitigated Negative Declaration 2003-0072 and approving Tentative Parcel Map 2003-0049, a request to subdivide one lot totaling 7.47 -acres into two individual parcels of 2.50 and 4.97 gross acres, based on findings and subject to conditions, and to eliminate Condition of Approval No. 37, and to modify Condition No. 10 to 16 foot wide including two foot shoulders and it be an all-weather road. AYES: Commissioners Bentz, O'Keefe, Porter, Beraud, Fonzi, Jones and Chairperson Kelley NOES: None ABSTAIN: None Motion passed 7.0 by a roll -call vote. 5. TENTATIVE PARCEL MAP 2003-0053,3210 TRAFFIC WAY Applicant: Blair Gillespie, 3210 Traffic Way, Atascadero, CA 93422 Owner: Same Project Title: Tentative Parcel Map 2003-0053 Project 3210 Traffic Way, Atascadero, CA Location: (San Luis Obispo County) APN 049-071-013 Project The proposed project consists of a parcel map subdividing one existing lot into two parcels. Description The existing parcel is developed with a single-family residence. The newly created parcel would be available for development of a single family home and an 800 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 Water Company. General Plan Designation: SFR -Y Zoning District: RS Proposed Environmental Determination: This project is a California Environmental Quality Act Class 15 Categorical Exemption. Planning Services Manager Steve McHarris provided the staff report and answered questions of the Commission. PUBLIC COMMENT — None MOTION: By Commissioner Porter and seconded by Commissioner Fonzi to adopt Resolution No. PC 2004-0005 approving Tentative Parcel Map 2003-0053, a request to subdivide one parcel totaling 2.21 acres, gross, into two parcels of 1.07 and 1.14 acres gross, based on findings and subject to conditions. . AYES: Commissioners Porter, Fonzi, Bentz, Beraud, O'Keefe, Jones and Chairperson Kelley NOES: None ABSTAIN: None Motion passed 7.0 by a roll -call vote. COMMISSIONER COMMENTS & REPORTS Commissioner O'Keefe asked several questions of staff, topics included: 1) inclusionary housing, 2) State density bonus, 3) zoning ordinances and Planned Developments, 4) Tree Ordinance and trigger for "consideration of practical design alternatives," and 5) Strategic Planning Session and information on the City Council's guidelines for public benefits for Planned Developments. Community Development Director Warren Frace addressed Commissioner O'Keefe's questions. Commissioner Beraud inquired if there were information available for the public regarding tree issues. Director Frace stated there is a handout that shows how to do a tree protection plan; copies will be forwarded to the Commission. Chairperson Kelley asked for an update on the Homeless Shelter. Director Frace discussed the status of the shelter project. Commissioner O'Keefe complimented former Chairperson Fonzi on her responsiveness to questions from the public, she is hopeful this will continue. DIRECTOR'S REPORT Community Development Director Frace reported on the next Planning Commission agenda and stated the Pine Mountain transfer of development rights project will be considered at that time. Director Frace informed the Commission of the 2004 Planners Institute Conference scheduled for March 31 through April 2. He encouraged Commission members to attend. ADJOURNMENT Chairman Kelley adjourned the meeting at 8:00 p.m. to the next regularly scheduled meeting of the Planning Commission on February 17, 2004. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary \\Cityhall\CDvlpmnt\— PC Minutes\PC Minutes 04\PC Draft Minutes. 2-03-04.gp.doc ITEM NUMBER: 2 DATE: 02/17/04 Planning Commission Staff Report Public Hearing Tentative Parcel Map 2003-0054 5760 Olmeda Ave. (Paul) SUBJECT: A proposed condominium map over an existing lot of record to create two airspace units on one common lot. The site is currently vacant. The parcel is sloped less than 10% and contains three native oak trees, one of which is proposed for removal. City sewer will serve the property, and water is available from the Atascadero Mutual Water Company. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2004-0019 approving Tentative Parcel Map 2003-0054, a request to establish two airspace units on one common lot, based on findings and subject to conditions. SITUATION AND FACTS: 1. Applicant/Owners: Ric Paul, 446 Printz Rd., Arroyo Grande, CA 93420 2. Project Address: 5760 Olmeda Ave, Atascadero, CA 93422 3. General Plan Designation: High Density Residential 4. Zoning District: 5. Site Area: 6. Existing Use: 7. Environmental Status DISCUSSION: Residential Multi -family (Maximum 16 du/ac) 137 ac Vacant Categorical Exemption \\Cityhall\CDvlpmnt\- TPM - Tentative Parcel Maps\TPM 03\TPM 2003-0054 5750 & 5760 Olmeda Avenue\TPM 2003-0054.PC staff report.kd.doc ITEM NUMBER: 2 DATE: 02/17/04 Condominium Design: The proposed map will create two airspace units on one legal lot of record. The airspace units are designed to encompass each residential unit with exclusive use easements established over the common area lot to provide private outdoor yard space for each unit. Three native oak trees exist on the site. The arborist has determined that the 36" oak tree located along the Olmeda frontage will require removal to accommodate sidewalks along Olmeda Ave. According to the project arborist, the sidewalk installation will require pruning of a major root, which will be detrimental to the health of the tree. The remaining two oak trees are located along the southerly property line and will be protected during construction of the residences. Staff has conditioned that a mitigation deposit be collected for the 16" oak tree located adjacent to unit 2 and that mitigation fees be paid for the removal of the 36" oak. The subdivision is consistent with the General Plan High Density Residential land use designation and Residential Multi -family zoning regulations, based on performance standards. Public Improvements: The project has been conditioned to construct sidewalks along the Olmeda Ave. frontage and to replace the curb ramp at the corner of Olmeda Ave. and Traffic Way to meet ADA standards. Environmental Review: The project as proposed qualifies for a Class 3 Categorical exemption which exempts from CEQA review the conversion and/or construction of multi -family projects of less than 4 units, which do not otherwise create a negative impact. CONCLUSIONS: The proposed condominium map, as conditioned, is consistent with the 2002 General Plan and Zoning Ordinance and the airspace configurations are consistent with the requirements of the Subdivision Ordinance. Staff recommends the Planning Commission approve the Tentative Parcel Map as conditioned. ALTERNATIVES: \\Cityhall\CDvlpmnt\- TPM - Tentative Parcel Maps\TPM 03\TPM 2003-0054 5750 & 5760 Olmeda Avenue\TPM 2003-0054.PC staff report.kd.doc ITEM NUMBER: 2 DATE: 02/17/04 1. The Commission may approve the map subject to additional or revised project conditions. The Commission's motion to approve needs to include any new or revised project conditions. 2. The Commission may deny the map if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1 -- Location Map (General Plan & Zoning) Attachment 2 -- Draft Resolution PC 2004-0019 \\Cityhall\CDvlpmnt\- TPM - Tentative Parcel Maps\TPM 03\TPM 2003-0054 5750 & 5760 Olmeda Avenue\TPM 2003-0054.PC staff report.kd.doc ITEM NUMBER: 2 DATE: 02/17/04 ATTACHMENT 1: Location Map (General Plan / Zoning) TPM 2003-0054 5760 Olmeda Ave. Zone: Residential Multi -family - 16 du/ac (RMF -16) Land Use Designation: High Density Residential (HDR) \\Cityhall\CDvlpmnt\- TPM - Tentative Parcel Maps\TPM 03\TPM 2003-0054 5750 & 5760 Olmeda Avenue\TPM 2003-0054.PC staff report.kd.doc ITEM NUMBER: 2 DATE: 02/17/04 ATTACHMENT 2: Draft Resolution PC 2004-0019 TPM 2003-0054 5760 Olmeda Ave. DRAFT RESOLUTION NO. PC 2004-0019 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A TENTATIVE PARCEL MAP 2003-0054, ESTABLISHING TWO AIRSPACE UNITS ON ONE COMMON LOT AT 5760 OLMEDA AVE. (PAUL) WHEREAS, an application was received from Ric Paul, 446 Printz Rd., Arroyo Grande, CA 93420 (Owner/Applicant), for a Tentative Parcel Map to establish two airspace units on one common lot; and, WHEREAS, the proposed project has a General Plan Designation of High Density residential (HDR) and is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and, WHEREAS, the site is located in the Residential Multi -family — 16 du/ac (RMF -16) which allows for the proposed use and density when certain findings are made; and, WHEREAS, a Categorical Exemption (Class 3(b)) was prepared for the project in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Tentative Parcel Map application on February 17, 2004 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 Tree Removal Permit. The Planning Commission finds as follows: 2. 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: a. Early consultation with the City; b. Consideration of practical design alternatives; c. Provision of cost comparisons (from applicant) for practical design alternatives; d. If saving tree eliminates all reasonable uses of the property; or \\Cityhall\CDvlpmnt\- TPM - Tentative Parcel Maps\TPM 03\TPM 2003-0054 5750 & 5760 Olmeda Avenue\TPM 2003-0054. PC staff report.kd.doc ITEM NUMBER: 2 DATE: 02/17/04 e. If saving the tree requires the removal of more desirable trees. SECTION 2. Findings for approval of condominium map. The Planning Commission finds as follows: 1. The proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements. 3. The site is physically suitable for the density of development proposed. 4. The design and improvement of the proposed map will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 5. The map is consistent with the character of the immediate neighborhood. 6. The design of the condominium map will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. The proposed condominium map design and type of improvements proposed will not cause serious public health problems. 8. The proposed conversion will not displace a significant number of low-income or moderate -income households or senior citizens at a time when no equivalent housing is readily available in the City. SECTION 3. Approval. The Planning Commission does hereby approve Tentative Parcel Map 2003-0054 to establish two airspace units on one common lot, subject to the following Conditions and Exhibits: EXHIBIT A: CEQA Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Tree Mitigation Table EXHIBIT D: Tentative Parcel Map 2003-0054 \\Cityhall\CDvlpmnt\- TPM - Tentative Parcel Maps\TPM 03\TPM 2003-0054 5750 & 5760 Olmeda Avenue\TPM 2003-0054.PC staff report.kd.doc ITEM NUMBER: 2 DATE: 02/17/04 On motion by Commissioner and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAINED: CITY OF ATASCADERO, CA Bob Kelley Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary \\Cityhall\CDvlpmnt\- TPM - Tentative Parcel Maps\TPM 03\TPM 2003-0054 5750 & 5760 Olmeda Avenue\TPM 2003-0054.PC staff report.kd.doc ITEM NUMBER: 2 DATE: 02/17/04 EXHIBIT A: Proposed Categorical Exemption TPM 2003-0054 0 94 1,4 COMMUNITY DEVELOPMENT _ OPMENT >o DEPARTMENT CEQA REVIEW FINDING OF EXEMPTION TO: ® File Date Received for Filing ❑ Office of Planning and Research 1400 Tenth Street Sacramento, CA 95814 FROM: City of Atascadero Community Development Department 6500 Palma Avenue, Room 104 Atascadero, CA 93422 SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code Project Title TENTA TIVE PARCEL MAP 2003-0054: RIC PA UL Project Location (Include County) 5760 Olmeda Ave Atascadero, CA 93422 (San Luis Obispo County) Project Description The project will create 2 airspace units allowing individual sale and ownership of two detached units within a multi- family project. Name of Public Agency pproving Project City of Atascadero Name of Person or Agency Carrying, Out Project Ric Paul Exempt Status: ❑ Ministerial (Sec. 21080 (bxl); 15268) ❑ Declared Emergency (Sec. 21080(b)(3); 15269(a)) ❑ Emergency Project (Sec.21080 (bx4); 15269(bxc)) ® Categorical Exemption (Sec. 15303, construction or conversion of small structures) Reasons why project is exempt: Class 3(b) of the California Environmental Quality Act (CEQA) (Section 15303) exempts the conversion and/or construction of small structures including multi -family projects of less than 4 units and which do not otherwise create a negative impact. Date: January 27, 20047 Kel Glea Associate P anner \\Cityhall\CDvlpmnt\- TPM - Tentative Parcel Maps\TPM 03\TPM 2003-0054 5750 & 5760 Olmeda Avenue\TPM 2003-0054.PC staff report.kd.doc ITEM NUMBER DATE: 02/17/04 EXHIBIT B: Conditions of Approval / Mitigation Monitoring TPM 2003-0054 Conditions of Approval Timing Responsibility Mitigation TPM 2003-0054 /Monitoring Measure PS: Planning Services Address: 5760 Olmeda Ave BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Standard Planning Conditions 1. The approval of this application shall become final, subject to PM PS the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Parcel Map shall be valid for two PM PS years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the PM PS authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Parcel Map. 4. A parcel map drawn in substantial conformance with the PM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 5. The subdivider shall defend, indemnify, and hold harmless the Ongoing CA City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 6. The parcel map shall be subject to additional fees for park or PM PS recreation purposes (QUIMBY Act) as required by City Ordinance. Project Planning Conditions 7. The applicant shall provide a mitigation deposit for the 16" native oak tree, to be returned upon completion of the project providing that the project arborist can confirm the survival of the tree. 8. Prior to permit issuance, the applicant shall submit a payment BP GP PS of $1,200.00 into the tree replacement fund, consistent with \\Cityhall\CDvlpmnt\- TPM - Tentative Parcel Maps\TPM 03\TPM 2003-0054 5750 & 5760 Olmeda Avenue\TPM 2003-0054.PC staff report.kd.doc ITEM NUMBER DATE: 02/17/04 Conditions Of Approval Timing Responsibility Mitigation TPM 2003-0054 /Monitoring Measure PS: Planning Services Address: 5760 Olmeda Ave BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy the Atascadero native Tree Ordinance. 9. Tree protection measures established in the tree protection plan shall be implemented during project construction. Any changes to the tree protection plan and/or protection measures outlined shall be subject to the review and approval of the Community Development Department. 10. A maintenance agreement shall be recorded which establishes the responsibilities of the individual condominium owners in regards to exclusive use areas. This agreement shall include a description of the method for maintaining required project landscaping, street trees, driveway areas, and fencing. A statement shall be included in the maintenance agreement which requires the review and approval of the City prior to amending any provisions over which the City has regulatory jurisdiction and which was established as a requirement of the project. 11. This map shall be for the approval of airspace units only. The final map shall show one common lot and two airspace units. 12. Should the units be constructed and rented prior to the recordation of the final map, all requirements set forth in Government Code Section 66427.1 shall be met. City Engineer Standard Conditions 13. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 14. In the event that the applicant is allowed to bond for the public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 15. An engineer's estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. 16. The Subdivision Improvement Agreement shall record concurrently with the Final Map. 17. An encroachment permit shall be obtained prior to the issuance of building permit. 18. The applicant shall enter into a Plan Check/Inspection agreement with the City. \\Cityhall\CDvlpmnt\- TPM - Tentative Parcel Maps\TPM 03\TPM 2003-0054 5750 & 5760 Olmeda Avenue\TPM 2003-0054.PC staff report.kd.doc ITEM NUMBER DATE: 02/17/04 Conditions Of Approval TPM 2003-0054 Address: 5760 Olmeda Ave Timing BL: Business License GP: Grading Permit BP: Building Permit Fl: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 19. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to the Olmeda Ave property frontage. 20. The applicant shall be responsible for the relocation and/or alteration of existing utilities. 21. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 22. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 23. The applicant shall acquire title interest in any off-site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 24. Slope easements shall be provided as needed to accommodate cut of fill slopes. 25. Drainage easements shall be provided as needed to accommodate both public and private drainage facilities. 26. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the parcel map. 27. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 28. The final map shall be signed by the City Engineer prior to the map being placed on the agenda for City Council acceptance. 29. Prior to recording the parcel map, the applicant shall 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 accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 30. Prior to recording the parcel map, the applicant 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 \\Cityhall\CDvlpmnt\- TPM - Tentative Parcel Maps\TPM 03\TPM 2003-0054 5750 & 5760 Olmeda Avenue\TPM 2003-0054.PC staff report.kd.doc ITEM NUMBER DATE: 02/17/04 Conditions Of Approval Timing Responsibility Mitigation TPM 2003-0054 /Monitoring Measure PS: Planning Services Address: 5760 Olmeda Ave BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy survey to be retraced. 31. Prior to recording the parcel map, the applicant shall pay all outstanding plan check/inspection fees. 32. Prior to recording the map, the applicant shall complete all improvements required by these conditions of approval. 33. Prior to recording the parcel map, the applicant shall 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 parcel map. 34. Upon recording the final map, the applicant shall provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 35. Prior to the final inspection of any public 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. 36. Prior to the final inspection, the applicant shall submit a written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. City Engineer Project Conditions 37. Applicant shall construct sidewalks along the entire property BP frontage. The sidewalks shall be a minimum of 5 -feet wide with a minimum of 48 -inches clearance. Clearance requirement shall include mailboxes, signs, utility poles, and other obstacles. 38. Applicant shall replace curb ramp at the corner of Traffic Way BP and Olmeda with a ramp that meets current ADA standards. 39. Applicant shall relocate existing stop sign to back of sidewalk, BP or as directed by the City Engineer. 40. Applicant shall install "No Parking" signs on Olmeda frontage. BP Atascadero Mutual Water Company Project Conditions \\Cityhall\CDvlpmnt\- TPM - Tentative Parcel Maps\TPM 03\TPM 2003-0054 5750 & 5760 Olmeda Avenue\TPM 2003-0054.PC staff report.kd.doc ITEM NUMBER DATE: 02/17/04 Conditions Of Approval Timing Responsibility Mitigation TPM 2003-0054 /Monitoring Measure PS: Planning Services Address: 5760 Olmeda Ave BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 41. Prior to the recordation of the Final Parcel Map, the applicant shall submit plans showing the water distribution facilities required to serve the project for review and approval by the Atascadero Mutual Water Company. All new water distribution facilities shall be constructed in conformance with Atascadero Mutual Water Company Standards. 42. Prior to the recordation of the Final Map, the applicant shall obtain a " Will Serve " letter from the Atascadero Mutual Water Company. 43. Prior to issuance of building permits, the applicant shall pay all installation and connection fees required by the Atascadero Mutual Water Company. 44. Each unit will require a separate water meter. \\Cityhall\CDvlpmnt\- TPM - Tentative Parcel Maps\TPM 03\TPM 2003-0054 5750 & 5760 Olmeda Avenue\TPM 2003-0054.PC staff report.kd.doc EXHIBIT C: Tree Mitigation Table TPM 2003-0054 Evergreen Native Trees (inches) dbh notes 1 0 -inches 2 3 4 5 6 Total 0 -inches Mitigation Requirement req'd tree replacements: Proposed Replanting Remaining Mitigation Tree Fund Payment: $ 0 five gal trees 0 five gal trees 0 box trees (24") 0 five gal trees ITEM NUMBER: 2 DATE: 02/17/04 Deciduous Native Trees (inches) I Totals dbh notes 1 36 -inches 2 3 4 5 6 Total 36 -inches 36 -inches req'd tree replacements: Proposed Replanting Remaining Mitigation Tree Fund Payment: $ 24 five gal trees 24 five gal trees 0 five gal trees 0 five gal trees 0 box trees (24") 0 box trees (24") 24 five gal trees 24 five gal trees 1,200.00 $ 1,200.00 \\Cityhall\CDvlpmnt\- TPM - Tentative Parcel Maps\TPM 03\TPM 2003-0054 5750 & 5760 Olmeda Avenue\TPM 2003-0054.PC staff report.kd.doc ITEM NUMBER: 2 DATE: 02/17/04 EXHIBIT D: Tentative Parcel Map TPM 2003-0054 \\Cityhall\CDvlpmnt\- TPM - Tentative Parcel Maps\TPM 03\TPM 2003-0054 5750 & 5760 Olmeda Avenue\TPM 2003-0054.PC staff report.kd.doc ITEM NUMBER: 3 DATE: 2-17-04 Atascadero Planning Commission Staff Report - Community Development Department Pine Mountain Transfer of Development Rights GPA 2003-0009/ZCH 2003-0073/13AG 2004-0001 Coromar Avenue ZCH 2003-0072/ZCH 2003-0074/ CUP 2003-0120/TTM 2003-0041 Colima Road ZCH 2003-0076/TTM 2003-0042 Ferrocaril Road - De Anza Estates CUP Amendment 2002-0067/TTM 2003-0045 (Gearhart, Molina, Johnson) Reader Note: The Pine Mountain Transfer of Development Rights project description affects four separate project sites within the City. Various land use and zoning amendments are proposed for each project site. As such, the Staff Analysis section of this report has been organized into the following four subsections: A. Coromar Avenue Planned Development Overlay B. Colima Road Planned Development Overlay C. Ferrocaril Road (De Anza Estates) Master Plan of Development Amendment D. Pine Mountain General Plan Amendment/Zone Change The following page illustrates the organization of the four project components. ITEM NUMBER: 3 DATE: 2-17-04 Project Organization Summary: PINE MOUNTAIN TRANSFER OF DEVELOPMENT RIGHTS PROJECT FERROCARIL RD SITE MPD AMENDMENT MAP • CUP AMENDMENT 2002- 0067 • TTM 2003-0045 PINE MOUNTAIN TDR CEQA/MND 2003-0069 DEVELOPMENT AGREEMENT DAG 2004-0001 PINE MOUNTAIN TDR GPA 2003-0009 Diaaram Amendments PINE MOUNTAIN TDR ZCH 2003-0073 Zonina MaD Chanaes COLIMA RD SITE PD -21 MAP • ZCH 2003-0076 • TTM 2003-0042 COROMAR AVE SITE PD -17 MPD MAP • ZCH 2003- 0072 • ZCH 2003-0074 • CUP 2003-0120 • TTM 2003-0041 * No additional entitlement required beyond above stated GPA and ZCH PINE MTN. n/a* ITEM NUMBER: 3 DATE: 2-17-04 RECOMMENDATIONS: Staff Recommends: Transfer of Development Rights 1. Adopt Resolution No. PC 2004-0007 recommending that the City Council certify Proposed Mitigated Negative Declaration 2003-0069; and, 2. Adopt Resolution No. PC 2004-0008 recommending that the City Council approve General Plan Amendment 2003-0009 based on findings; and, 3. Adopt Resolution No. PC 2004-0009 recommending that the City Council introduce for first reading, by title only, draft ordinance for first reading to approve Zone Change 2003-0073 based on findings; and, 4. Adopt Resolution No. PC 2004-0010 recommending that the City Council approve Development Agreement 2004-0001 based on findings; and, Coromar Avenue 5. Adopt Resolution No. PC 2004-0011 recommending that the City Council introduce for first reading, by title only, draft ordinance for first reading to approve Zone Change 2003-0072 based on findings; and, 6. Adopt Resolution No. PC 2004-0012 recommending that the City Council introduce for first reading, by title only, draft ordinance for first reading to approve Zone Change 2003-0074 based on findings; and, 7. Adopt Resolution No. PC 2004-0013 recommending that the City Council approve the Master Plan of Development (CUP 2003-0120) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 8. Adopt Resolution No. PC 2004-0014 recommending the City Council approve Vesting Tentative Tract Map 2003-0041 based on findings and subject to Conditions of Approval and Mitigation Monitoring. C'.nlimn Rnarl ITEM NUMBER: 3 DATE: 2-17-04 9. Adopt Resolution No. PC 2004-0015 recommending that the City Council introduce for first reading, by title only, draft ordinance for first reading to approve Zone Change 2003-0076 based on findings; and, 10.Adopt Resolution No. PC 2004-0016 recommending the City Council approve Vesting Tentative Tract Map 2003-0042 based on findings and subject to Conditions of Approval and Mitigation Monitoring. Ferrocaril Road — De Anza Estates 11. Adopt Resolution No. PC 2004-0018 recommending that the City Council approve the Master Plan of Development Amendment (CUP 2002-0067) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 12.Adopt Resolution No. PC 2004-0019 recommending the City Council approve Vesting Tentative Tract Map 2003-0045 based on findings and subject to Conditions of Approval and Mitigation Monitoring. REPORT- IN - BRIEF: As directed by the adoption of a guidance resolution by the City Council on October 28, 2003, staff has prepared a development agreement for a transfer of eight single- family residential (SFR) development rights from Pine Mountain to two receiver sites under a General Plan Amendment and Zone Change process. In addition, a site located along Coromar Avenue will receive a land use and zone change to allow 16 single-family residential lots. The project includes the following additional actions for each site: Coromar Avenue: Planned Development Overlay, Conditional Use Permit, and Tentative Tract Map. Maximum project entitlement is 16 single-family units/lots. In addition, a zone change for a separate but contiguous single-family residential property located at 8955 Coromar Avenue for land use consistency, not subject to the proposed development agreement. Colima Road: Planned Development Overlay/Tentative Tract Map. Maximum project entitlement five (5) SFR lots, three (3) of which are transferred units from the Pine Mountain property plus two (2) lots that currently exist. Ferrocaril Road (De Anza Estates): Conditional Use Permit Amendment and Tentative Tract Map. Maximum project entitlement: twenty (20) SFR units, five (5) additional SFR units, all of which are transferred units from Pine Mountain plus fifteen (15) SFR lots that currently exist. ITEM NUMBER: 3 DATE: 2-17-04 Pine Mountain: General Plan Amendment/Zone Change will redesignate site as open space. Maximum project entitlement: 0 units, eight (8) SFR units will be transferred from the Pine Mountain property leaving no development credits on the property. The property ownership will be transferred to the City of Atascadero through the development agreement. Situation and Facts: 1. Applicant / Representative: Kelly Gearhart 6205 Alcantara Avenue, Atascadero, CA 93422 William Johnson 8955 Coromar Avenue, Atascadero, CA 93422 George Molina 5000 Marchant Avenue, Atascadero, CA 93422 2. Project Address: Pine Mountain (APN 028-231-003); 8825, 8955 Coromar Ave (APN 056-111-027, 056-111-025 056-111-023); 3680, 3700 Colima Road (APN 049-163-013, 049-163-015); Ferrocaril Road - De Anza Estates (APN 049-011-004); each within city of Atascadero (San Luis Obispo County) 3. General Plan Designation: Pine Mountain — RR (Rural Residential) Coromar Avenue — GC (General Commercial) Colima Road — SE (Suburban Estates) Ferrocaril Road - De Anza Estates — SE (Suburban Estates) 4. Zoning District: Pine Mountain — RR (Rural Residential) Coromar Avenue — CT, CR (Commercial Tourist, Retail) Colima Road — RS (Residential Suburban) Ferrocaril Road - De Anza Estates — RS (Residential Suburban) 5. Site Area: Pine Mountain — 28.87 acres Coromar Avenue — 3.03 acres + 8,189 square foot (Johnson) parcel Colima Road — 4.93 acres Ferrocaril Road - De Anza Estates — 12.82 acres 6. Existing Use: Pine Mountain —Vacant Coromar Avenue — Single -Family Residence Colima Road — Single Family Residence Ferrocaril Road - De Anza Estates — Vacant ITEM NUMBER: 3 DATE: 2-17-04 7. Environmental Status: Proposed Mitigated Negative Declaration 2003-0069 DISCUSSION: Background: On October 28, 2003 the City Council directed staff to process the proposed project and corresponding environmental documentation. Project Definition: The project includes a development agreement between the City of Atascadero and project applicants George Molina and Kelly Gearhart, and includes the components identified below. Development Agreement: The project will be processed with a development agreement. The development agreement will be utilized as a legal vehicle to provide for a transfer of site-specific development credits without creating a program that will produce unintended consequences, or a precedent requiring that the City allow increased density on any other sites in Atascadero. The development agreement will incorporate specific government code section procedures to limit its use to the proposed project type and restrict its use in situations where development agreements may be inappropriate. The development agreement will be reviewed by the Planning Commission prior to consideration for adoption in ordinance form by the City Council. The proposed development agreement is for a transfer of eight single-family residential lots from Pine Mountain to two receiver sites under a General Plan Amendment and Zone Change process. In addition, a site located along Coromar Avenue will receive a land use and zone change to allow 16 single-family residential lots. The project includes the following additional actions at each site: A. Coromar Avenue: General Plan Amendment from General Commercial to SFR -X (Maximum density of 4 units per acre with a minimum lot area of 0.5 acres net. Smaller lot sizes up to 4 units per acre allowed through a planned development overlay process). Zone Change from CR and CT to RSF-X zone with Planned Development Overlay No. 17/Conditional Use Permit corresponds to the general plan amendment. The Planned Development Overlay No. 17 may be established in the RSF-X single-family residential zones on lots with a net acreage exceeding one (1) acre. The maximum density within the planned development shall not exceed a gross density of four (4) units per acre. This overlay zone contains specific site development standards that are incorporated into the proposed project. A Vesting Tentative Tract Map is also included corresponding to the proposed 16 residential lots (maximum project entitlement) and site improvements. In addition, a zone change is proposed for a separate but contiguous single-family residential property located at 8955 Coromar Avenue for land use consistency, not subject to the proposed development agreement or above-mentioned planed development. B. Colima Road: General Plan Amendment from SE (2.5 — 10 ac lot size) to RSF-Y (Minimum lot size 1 acre - second units allowed subject to zoning requirements). Zone Change from RS to RSF-Y corresponds to the general plan amendment. A new ITEM NUMBER: 3 DATE: 2-17-04 Planned Development Overlay No. 21 is required to allow one preexisting lot to remain less than one acre and to restrict all lots from adding second dwelling units. A Tentative Tract Map is also included corresponding to the proposed 5 residential lots and site improvements. Maximum project entitlement five (5) lots, three (3) of which are transferred units from the Pine Mountain property plus two (2) lots that currently exist. C. Ferrocaril Road (De Anza Estates): General Plan Amendment from SE (2.5 — 10 ac lot size) to RSF-Y (Minimum lot size 1 acre. Second units allowed subject to zoning requirements). Zone Change from RS to RSF-Y corresponding to the general plan amendment and an amendment to an existing Master Plan of Development to reflect the additional lots and to restrict second dwelling units on all 20 lots within the on-site Planned Development No. 16. A Tentative Tract Map is also included corresponding to the new proposed lots. Maximum project entitlement: twenty (20) units (Five (5) additional units, all of which are transferred units from Pine Mountain plus fifteen (15) lots that currently exist). As an amendment to the existing Master Plan of Development, the project includes conceptual building locations and architectural floor plans and elevations. In the event these buildings are proposed for construction, conditions of approval have been included to meet the original Planned development design intent. D. Pine Mountain: No additional applications. Maximum project entitlement: 0 units, eight (8) units will be transferred from the Pine Mountain property leaving no development credits on the property. The property will be provided to the City free and clear upon project approval through terms of the development agreement. Staff Analysis A. Coromar Avenue Existing Setting: North: Residential South: Vacant East: U.S. Highway 101 West: Residential ITEM NUMBER: 3 DATE: 2-17-04 The General Plan and Zoning Ordinance identifies properties to the north and west as single -family -residential with a 0.5 -acre lot minimum. U.S. Highway 101 is located to the east. Vacant land designated as commercial is located to the south. The proposed site single-family residential zoning is consistent with the General Plan designation to the north and west. The zoning ordinance allows the establishment of a Planned Development Overlay No. 17 (PD -17) in the single-family zone, which requires a minimum of four (4) single-family units, consistent with the specific site development standards and apnPararce review, as analyzed below. The PD -17 requires a Master Plan of Development, which incorporates site development standards and appearance review including architecture, and landscaping. Per the zoning ordinance, the Master Plan of Development is processed as a Conditional Use Permit. The Conditional Use Permit process provides the opportunity for the public, the Planning Commission, and the City Council to review the specifics of land use proposals, such as architectural design, site design, landscape, signage, and specific standards of the zoning ordinance. Appearance Review: The project has been proposed to meet the requirements of the Atascadero Municipal Code and the appearance review requirements of the General Plan as identified below. A. Architecture, Materials, Color: The project includes six different elevations and has been designed with residential units that incorporate architectural themes and materials similar to traditional Atascadero colony neighborhoods. Staff has included minor conditions of approval regarding exterior material finishes (brick, stone, horizontal siding, materials, garage doors) (Coromar CUP Conditions 13). A variety of architectural embellishments will be incorporated into the new house designs, including: Covered entry porches, double or single hung windows, window shutters, architectural banding, decorative gable vents, ITEM NUMBER: 3 DATE: 2-17-04 decorative brackets, and composition roof materials. Eight separate color schemes are proposed for the new homes. Front Elevations: rL 1057 ^ r --IV F1111,14M The applicant has included a color and material sample board for each house plan. Refer to Exhibit F for details. B. Landscape Design: The preliminary landscape plan has been designed with street trees, front yard landscaping, and special driveway paving. All front and street -facing side yards shall be landscaped by the developer (Coromar CUP Condition 9). Back yards will be landscaped by the individual property owners. In addition, a landscape buffer is included along the Caltrans right-of-way along the project frontage. Landscape maintenance will be the responsibility of the individual property owner and homeowners association. All trash storage, recycle storage, and air conditioning units will be screened from view behind fenced or landscaped enclosures (Coromar CUP Condition 9). Site Plan, Circulation, Parking: The ITEM NUMBER: 3 DATE: 2-17-04 f ' two i.or w 11 _ �� I I L/�• ' t 1 IR01. ' — -- — ri7bi ! 1 W1 a \,far t ' _ project will include street frontage improvements along Portola and Coromar Road. Each lot contains minimum four (4) parking spaces, which is consistent with the code - required parking spaces. Additional guest parking can be accommodated along the proposed access road and Coromar or Portola Road frontage. The proposed street is designed to extend to the north to connect with future residential development with abandonment of the cul-de-sac configuration. A condition of approval has been included to deed notice each lot of this future extension (Coromar CUP Condition TTM 71). Site Drainage: The site slopes 5% to the north. Drainage has been designed to flow into an on-site shallow drainage detention basin. The basin shall be landscaped by the applicant and maintained by either the lot owner, homeowner's association, or similar mechanism, as approve by the City Engineer (Coromar CUP Condition 39, and Coromar TTM Condition 34 and 39). Wastewater: ITEM NUMBER: 3 DATE: 2-17-04 The project will connect to existing sanitary sewer line within Colima Road and Portola Road. Tree Protection: Four native trees will be removed from the project site and twelve trees may be impacted due to project construction. Mitigation measures have been incorporated into the project to reduce impact to native trees to a less than significant level. (Coromar Mitigation Measures 4.e.2) Also refer to tree protection exhibit and table below. Evergreen Native Trees (inches) dbh notes 1 23 -inches 10 2 40 -inches 10 3 6 -inches 10 4 9 -inches 10 5 6 Total 78 -inches Mitigation Requirement Tree Fund Payment: $ Deciduous Native Trees (inches) dbh notes 1 2 3 4 5 6 Total 0 -inches 650.00 Tree Fund Payment: $ - Totals 78 -inches Project Benefits: One of the required findings for approval of a planned development rezone is that the project offers certain redeeming features to compensate for the requested modification. ITEM NUMBER: 3 DATE: 2-17-04 Due to the site's single-family neighborhood character and relatively small subdivision, common recreational facilities are not proposed. However, the project is a component of the Pine Mountain TDR project that will transfer the 28.87 -acre Pine Mountain site to the City of Atascadero for public open space use. The table below summarizes the City Council Planned Development Benefits Policy with underlined items applyinbg to the proposed planned development. PD Location Tier 1 Benefits Tier 2 Benefits Inside of Urban Core a) Affordable / Workforce Housing a) Pocket Parks in larger projects PD -7 b) High Quality Architectural b) Trails / Walkways for Pedestrian PD -17 Design Connectivity Custom PD's c) High Quality Landscape Design c) Historic Preservation d) Buffering between Urban and Suburban zones (large lot sizes, increased setbacks, landscape buffers, etc.) e) Higher density to meet Housing Element goals Outside of Urban Core a) Natural Open Space Preservation a) Multi -Purpose Trails — Equestrian / Bicycle / Pedestrian Rural / Suburban Areas b) Recreational Areas / Facilities PD -16 Custom PD's c) Historic Preservation Affordable Housi The City Council has implemented an interim inclusionary affordable housing program to include a fixed percentage of units within residential developments that require a legislative approval to be reserved as deed restricted affordable units or an in -lieu fee to be collected. This interim program requires the project applicant to designate 20% of the housing units (for projects over 10 units) at the moderate rate for a period of 30 years. The applicant has identified three (3) homes to be designated affordable units at the moderate -income level. A condition of approval has been included to this effect (Coromar CUP Condition 11 and Coromar TTM Condition 8). According to the San Luis Obispo County Department of Planning & Building, a 3 -bedroom moderate level affordable unit only qualifies if the sales price does not exceed $ 294,697 or the rent does not exceed $ 1,232 per month with a 30 -year deed restriction commitment. These numbers are subject to change. Vesting Tentative Tract Map: ITEM NUMBER: 3 DATE: 2-17-04 A 17 -lot tract map is proposed as part of the project consistent with the Master Plan of Development. The tract map has been conditioned by staff and the City Engineer to meet all City standards including street frontage improvements. The applicant will be required to record CC&R's for the map that will include maintenance and access of any common areas, the drainage detention basin, and Caltrans R -O -W landscaping (Coromar TTM Condition 34 and 39). Master Plan of Development (Conditional Use Permit): As previously mentioned, a Master Plan of Development is required for the PD -17, to be approved through the Conditional Use Permit process. The City Council must make the following five findings to approve a Conditional Use Permit: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The use is consistent with the single-family residential designation of the Plan and General Plan Land Use Element Policy 1.1, 6.1, and Housing Element Policy 4.3. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD -17 Ordinance. Staff Comment provisions. As conditioned, the project satisfies all PD -17 zoning code 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment: The proposed residential project will not be detrimental to the general public or working persons health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. Staff Comment: The project has been designed to be consistent with the existing neighborhood character by providing smaller lots in a neighborhood site that transitions to commercially designated property immediately to the south along Portola Road and is adjacent to U.S. Highway 101 to the east. The Exhibit below illustrates this land use transition. ITEM NUMBER: 3 DATE: 2-17-04 The proposed 16 single-family lots, in addition to the existing Johnson residence, on 3.03 acres is consistent with the City's "Smart Growth Principles", identified as orderly and efficient infill development increasing in density as distance increases to the urban core. The project site is within the City's urban core boundary. The proposed General Plan designation allows lot sizes up to 4.0 du/acre through a planned development overlay, as proposed. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: The proposed residential project and use is consistent with the traffic projections and road improvements and is less intensive than commercial use originally anticipated within the General Plan. A single-family residential subdivision use in the proposed location is consistent and compatible with the surrounding residential neighborhood. The proposed General Plan designation allows lot sizes up to 4.0 du/acre through a planned development overlay, as proposed. The proposed 16 single-family lots, in addition to the existing Johnson residence is consistent with the City's General Plan Land Use and Housing. ITEM NUMBER: 3 DATE: 2-17-04 Based on staff's analysis in the preceding sections, it appears that all of the required findings for approval of a Master Plan of Development (Conditional Use Permit) can be made. B. Colima Road Existing Setting: North: Residential South: Residential East: Residential West: Residential The General Plan and Zoning Ordinance identifies properties to the north and east as single -family -residential with 1.0 -acre lot minimum lot size. Properties to the south and west are identified as 2.5 -acre minimum lot size. The project site single-family residential zoning is consistent with the General Plan. The proposed land use and zone ITEM NUMBER: 3 DATE: 2-17-04 change would allow the project site to subdivide into1.0-acre lots. However, the project site contains one lot that is currently less than one acre and would remain so under the proposed project. A Planned Development Overlay zone will be established over the project site, in part to acknowledge the preexisting smaller lot size. Design and Appearance: Not required Landscape Design: Not required. No native trees will be removed by the proposed project. Site Plan, Circulation, Parking: LEGEND �mx ,s I � u - ✓ \ \ \ \ 1 �1•' �- �9y i-r�-�_ t'=�-`gip' - I y • � °� srrE � •� V A V V LOT a IIS 111_J I r / - - �� "m ��/l�1 7 17/ $ VICINITY MAP v I vLQTa Av i I II. I 7/ l/ /�i / J�J� �/ l II �11 I IIS I .�' ..., 1 r� ACREAGE °'1 OWNER APN / /I OWNER'S STATEMENT �, �unv ♦ i,\ \�\ \ 1 A VAA UA I A A _ TM^^o co n -.i •�•d• -•• . •_-�--�" I l 1 \ \ \ \ \ \ \ \ \ 11 111 7EN7�ATIYE TRACT 2385 ngNMed by mecr srrr •`�"�/ \ \ 1, ``^+,•�r.Pu �.., 1 1 \ \ \ \ \ \ \ 1\\ ATA8CJi0010 1401lil llC -1\ a .. The project site contains approximately 40 feet of street frontage and will not require improvements to Colima Road. However, the project will provide an on-site access road to serve the proposed lots. Future building permits will incorporate standard code - required parking and circulation requirements. ITEM NUMBER: 3 DATE: 2-17-04 Site Drainage: The site slopes 10% to the southwest. Colima Drainage CUP Conditions 30 - 37, have been incorporated into the proposed project as the grading and drainage plan does not identify detailed drainage improvements. Wastewater: Sanitary sewer will be installed within Colima Road fronting the project site and extending north of the project site as identified in Colima Road TTM Exhibit C. Sanitary sewer will be provided on-site to each of the five lots and will also extend via an easement to existing sewer line within the Rosita Court cul-de-sac. Tree Protection: No native trees will be removed or significantly impacted on the project site. However, the proposed roadway may require realignment to satisfy sight distance criteria along Colima Road. A condition of approval has been included in the event of any encroachment under the canopy of the one native oak tree, requiring an arborist report with preservation recommendations to be completed prior to building permit issuance (Colima TTM Condition 2). Project Benefits: None required. Affordable Housina: The project will provide affordable housing in -lieu fees for the three new lots proposed. Tentative Tract Map: A five -lot tract map is proposed as part of the project consistent with the proposed Planned Development #21. The tract map has been conditioned by staff and the City Engineer to meet all City standards including street frontage and sight distance improvements (Colima TTM Condition 38). C. Ferrocaril Road - De Anza Estates Existing Setting: North: Vacant South: Residential East: Residential, Salinas River West: Residential, Union Pacific Railroad ITEM NUMBER: 3 DATE: 2-17-04 The General Plan and Zoning Ordinance identifies properties to the north and south as single -family -residential with a 1.0 -acre lot minimum. Properties to the east are Suburban Estate with a 2.5 -acre minimum lot size and properties to the west are General Commercial. The project site is zoned as single-family residential zoning with an approved Master Plan of Development (CUP 2002-0067), which requires an amendment, as analyzed within this report. Applicable conditions of approval from the previously approved Ferrocaril De Anza Estates Planned Development #16 project shall be incorporated into the proposed project (Ferrocaril CUP Condition 9 and TTM 3). The originally approved PD -16 includes a Master Plan of Development, which incorporates site development standards and appearance review including a Mediterranean architectural design theme and street tree planting. The approved Master Plan of Development requires amendment to reflect the subdivision of 5 ITEM NUMBER: 3 DATE: 2-17-04 previously approved lots into 10 total lots and a restriction of second units on all lots (Ferrocaril CUP 14 and TTM Condition 8). Desian and ADDearance: The proposed project meets the requirements of the Atascadero Municipal Code and the appearance review requirements of the General Plan. Architecture, Materials, Color: Although Individual building plans and elevations are not required, the original PD -16 includes Spanish Mediterranean architectural building elevation example for future development. The applicant has included additional conceptual building elevations from which staff has identified architectural details, colors and materials that are considered to be consistent with the Spanish Mediterranean architectural theme approved with the original PD overlay. Architectural Features Consistent with PD -16 for future development: NO OW gg VA vt - - mix Desian and ADDearance: The proposed project meets the requirements of the Atascadero Municipal Code and the appearance review requirements of the General Plan. Architecture, Materials, Color: Although Individual building plans and elevations are not required, the original PD -16 includes Spanish Mediterranean architectural building elevation example for future development. The applicant has included additional conceptual building elevations from which staff has identified architectural details, colors and materials that are considered to be consistent with the Spanish Mediterranean architectural theme approved with the original PD overlay. Architectural Features Consistent with PD -16 for future development: ITEM NUMBER: 3 2-17-04 Also refer to Exhibit C for additional elevations/details. Landscape Design: Although landscape plans are not required, the original PD -16 includes street tree planting along the proposed Ferrocaril Road improvements. No native trees will be removed by the proposed project. Site Plan, Circulation, Parking: With the exception of adding five lots to PD, the originally approved site plan, circulation and parking does not change with this amendment. On-site resident and guest parking is required for each proposed lot. No second units will be allowed. ITEM NUMBER: 3 DATE: 2-17-04 Site Drainage: The site slopes 5% to the northeast. The proposed 10 -lot tract map has been conditioned to meet all City standards and to be consistent with previously approved applicable conditions of approval (Ferrocaril CUP Condition 9 and TTM Condition 3). Each lot will require a private sanitary septic system. Tree Protection: One native tree will be removed from the project site and four trees may be impacted due to project construction. Mitigation measures have been incorporated into the project to reduce impact to native trees to a less than significant level. (Ferrocaril Mitigation Measures 4.e.2) Also refer to tree protection exhibit and table below. Evergreen Native Trees (inches) Deciduous Native Trees (inches) Totals dbh notes dbh notes 1 12 -inches 10 1 2 2 3 3 4 4 5 5 6 6 Total 12 -inches Total 0 -inches 12 -inches Mitigation Requirement Tree Fund Payment: $ 100.00 Tree Fund Payment: $ $ 100.00 r � HSn., � .rut ITEM NUMBER: 3 DATE: 2-17-04 Proiect Benefits: One of the required findings for approval of a planned development 16 rezone is that the project offers public benefit to compensate for the requested modification. As an amendment to a pre-existing Master Plan of Development, the project does not significantly change the previously approved site improvements plan. However, the project is a component of the Pine Mountain TDR project that will: 1) transfer the 28.87 - acre Pine Mountain site to the City of Atascadero for public open space use; and 2) the project will provide affordable housing in -lieu fees for the five lots. Affordable Housing: In -lieu fees required for the 5 new lots proposed. Tentative Tract Map: The original De Anza Estates project included fifteen (15) SFR lots. The proposed addition of five (5) SFR units (all of which are transferred units from Pine Mountain) requires that a new map be processed which will result in a total of 20 -lots for the De Anza Estates project. A 10 -lot tract map is proposed and has been conditioned to meet all City standards and to be consistent with previously approved Ferrocaril De Anza Estates Tentative Tract Map 2002-0014 applicable conditions of approval (Ferrocaril CUP Condition 9 and TTM Condition 3). D. Pine Mountain Existina Settina: North: Residential South: Residential East- Residential West: Residential Project Site FJ ITEM NUMBER: 3 DATE: 2-17-04 IJAit� I v x The General Plan and Zoning Ordinance identifies properties to the north, south and west as single-family residential. Stadium Park is also to the west. Properties to the east are Open Space and residential. ADDearance Review: Not required Art, The General Plan and Zoning Ordinance identifies properties to the north, south and west as single-family residential. Stadium Park is also to the west. Properties to the east are Open Space and residential. ADDearance Review: Not required ITEM NUMBER: 3 DATE: 2-17-04 Site Plan, Circulation, Parking: Not required. Site Drainage: No grading or drainage improvements are required. Wastewater: Not required. Tree Protection: No native trees will be removed from the project site. Affordable Housing: Not required. Tentative Tract Map: No map is required. General Plan Consistency: Although the project requires land use amendments to the General Plan, the overall TDR project is consistent with many of the General Plan's goals including the following: Goal LOC 1. Protect and preserve the rural atmosphere of the community by assuring "elbow room" for residents by means of maintenance of large lot sizes which increase in proportion to distance beyond the Urban Core. Staff comment: The Pine Mountain site provides a backdrop to Downtown and is visually prominent throughout the community. The mountain contributes to the "rural atmosphere" and sense of "elbow room" that are important general plan community values. Permanently protecting 28 acres of the mountain is consistent with Goal LOC 1. ITEM NUMBER: 3 DATE: 2-17-04 Goal LOC 5. Preserve the contours of the hills. Buildings built on hillsides shall conform to the topography using the slope of the land as the basis for the design of the structure. Staff comment: Any development on Pine Mountain will impact its scenic quality. While careful development practices and design review can minimize these impacts, development will alter the natural quality of the mountain. Preservation of Pine Mountain for public open space use represents a valid approach to satisfying Goal LOC 5. Goal LOC 6. Preserve natural flora and fauna and protect scenic lands, sensitive natural areas, historic buildings and cultural resources. Staff comment: Pine Mountain qualifies as a "scenic land" and in its current state supports native oak and gray pine habitats. As stated previously, the impacts to natural features can be minimized with careful development but not eliminated. Preservation of Pine Mountain as public open space represents a valid approach to satisfying Goal LOC 6. Goal LOC 7. Tree -covered hills shall be preserved to retain the distinctive scenic quality of the community. Staff comment: It is the native gray pines that lend Pine Mountain its name. Experience with hillside development thorough town indicates that even in the best site designs require tree removals to accommodate emergency access, slope stability and drainage control. Although it is not possible to calculate the tree removals that would be required to develop the site it should be assumed that trees would be both removed and impacted as a result of development. Preservation of Pine Mountain represents a valid approach to satisfying Goal LOC 7. Goal LOC 11. Provide an adequate supply of City park facilities to all Atascadero residents. The General Plan identifies City expansion of its system of parks, open spaces and trails to meet the growing recreational needs of the community. Acquisition of 28 acres of Pine Mountain provides additional public open space with high scenic quality next to Downtown. As part of the TDR process this land would be acquired by the City at no cost in exchange for development entitlements in other project locations identified in this report. The 28 acres is contiguous to Stadium Park and an existing open space parcel at the end of Cortez Avenue. The combination of these three parcels would ITEM NUMBER: 3 DATE: 2-17-04 create 70.4 acres of contiguous open space and recreational areas adjacent to Downtown. It appears that acquisition of Pine Mountain is consistent with Goal LOC 11. Goal SFN 3. Reduce the threat to life, structures and the environment caused by fire. The General Plan calls for the City to minimize fire threats to residents and structures within Atascadero. The most difficult areas to provide fire protection are steep wooded areas such as Pine Mountain. Due to the historic Colony Lot patterns, development entitlements were created 90 years ago in very high fire threat areas. The City has limited options to reduce these fire threats as new development exercises these development rights. The TDR process for the proposed project represents a method in which the development can be relocated away from high-risk areas to low risk areas consistent with Goal SFN 3. Goal HOS 6: Improve housing opportunities and living conditions for people with low and moderate incomes and those with special needs. The General Plan's Housing Element and State Regional Housing Needs Allocation requires the City to actively plan for the construction of housing for low and moderate income families. Furthermore, one the City Council's 2003 strategic planning goals is the development of a Workforce Housing program. The proposed project includes three affordable units that would be built at the Corimar Avenue receiver site and in -lieu fees for the new lots proposed at Colima Road and Ferrocaril Road sites. It is unlikely that development on Pine Mountain would yield any affordable housing units due to the cost of developing the site and view premiums. The combination of three affordable housing units and in -lieu fees is consistent with Goal HOS 6. Proposed Environmental Determination: Staff has prepared a Draft Mitigated Negative Declaration that was circulated to public agencies and interested members of the public on January 12, 2004. The environmental analysis identified concerns regarding potential impacts to aesthetics, air quality, biology, cultural resources, land use, water quality, noise, and traffic. Mitigation measures pertaining to these areas are included. A finding is proposed that this project would not have a significant effect on the environment based upon the implementation of the identified mitigation measures. In addition all applicable mitigation measures from the original Ferrocaril - De Anza Estates mitigated negative declaration 2002-0030 ITEM NUMBER: 3 DATE: 2-17-04 shall be incorporated into the proposed project (Ferrocaril CUP Condition 9 and TTM Condition 3). The Initial Study has evaluated the potential for this project to cause an adverse effect -- either individually or cumulatively -- on wildlife resources. There is no evidence the proposed project would have any potential for adverse effect on wildlife resources. Based on this finding, a Certificate of Fee Exemption will be submitted with the Notice of Determination after project approval, as required by Public Resources Code section 21089. The Certificate of Fee Exemption allows the project to be exempted from the review fee and environmental review by the California Department of Fish and Game. The Planning Commission is recommending the Council certify Proposed Mitigated Negative Declaration 2003-0069. Conclusion: The proposed project is consistent with the General Plan and Atascadero Municipal Code, as analyzed within this staff report. The applicant has proposed design modifications and agrees with all mitigation measures and conditions of approval. Staff believes that the Planning Commission may recommend to the City Council that all of the required findings for project approval can be made. 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. In addition, the retention of Pine Mountain as additional undeveloped passive open space would likely have a slight negative impact on City revenues. ALTERNATIVES: 1. The Planning Commission may recommend modifications to the project and/or conditions of approval for the project. 2. The Planning 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 Planning Commission may recommend the City Council deny the project. The project would be forwarded to the City Council with such recommendation to deny the TDR project. The Commission should specify the reasons for denial of the project and make an associated finding with such action. ITEM NUMBER DATE: 2-17-04 ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan (All project sites) Attachment 2 Draft PC Resolution - Proposed Mitigated Negative Declaration Attachment 3: Draft PC Resolution - Proposed General Plan Amendment GPA 2003-0009 Attachment 4: Draft PC Resolution - Proposed Zoning Map Change ZCH 2003-0073 Attachment 6: Draft PC Resolution - Proposed Development Agreement DAG 2004-0001 Attachment 7: Draft PC Resolution - Proposed Zone Change ZCH 2003-0074 Attachment 8: Draft PC Resolution - Proposed Master Plan of Development CUP 2003-0120 Attachment 9: Draft PC Resolution - Proposed Vesting Tentative Tract Map TTM 2003-0041 Attachment 10: Draft PC Resolution - Proposed Zoning Map Change ZCH 2003-0076 Attachment 11: Draft PC Resolution - Proposed Vesting Tentative Tract Map TTM 2003-0042 Attachment 12: Draft PC Resolution - Proposed Master Plan of Development CUP 2002-0067 Attachment 13: Draft PC Resolution - Proposed Vesting Tentative Tract Map TTM 2003-0045 ITEM NUMBER DATE: 2-17-04 ATTACHMENT 1: Location Map, General Plan & Zoning Coromar Avenue Site ITEM NUMBER: 3 DATE: 2-17-04 ATTACHMENT 1: Location Map, General Plan & Zoning Colima Road Site SE SE ¢o yea SE C� %®�B Ra R`�u as Project Site SFR -Y SE `,. RSF-Y 74 Existing: �m General Plan Land Use SFR -Y �m General Plan Diagram Change ° SE APN: 049-163-013, 015 Zoning District =, RS Proposed General Plan: 9� 46, SFR -Y s. Proposed Zone: RSF-Y/PD- 21 ITEM NUMBER: 3 DATE: 2-17-04 ATTACHMENT 1: Location Map, General Plan & Zoning Ferrocaril Road - De Anza Estates Site Os SFR -X Project Site CPK ,�LSE SE P / SE ` Existing: General Map Land Use SE/ General Plan Diagram Change. SE APN: 049-011-004 Portion Zoning District R. Proposed General Plan- SFR -Y Proposed Zone: RSF- Y/PD-16 ITEM NUMBER DATE: 2-17-04 ATTACHMENT 1: Location Map, General Plan & Zoning Pine Mountain Site ITEM NUMBER: 4 DATE: 2-17-04 Planning Commission Staff Report General Plan Amendment 2003-0007 ECOSLO Settlement Agreement RECOMMENDATION: Staff Recommends: 1. Adopt Resolution No. PC 2004-0020 recommending that the City Council approve General Plan Amendment 2003-0007 based on findings. DISCUSSION: Background The City of Atascadero adopted the 2025 General Plan in July 2002. Following adoption of the General Plan the Environmental Center of San Luis Obispo (ECOSLO) filed a lawsuit against the General Plan. Following a period of negotiations an agreement was entered into between ECOSLO and the City of Atascadero to settle the lawsuit. The settlement obligated the City to take eight separation actions (refer to Attachment 1). Two of the actions that the City agreed to included amending portions of the Land Use Element of the General Plan. Analysis The settlement agreement calls for the City to amend two section of the General Plan. The first change will be to Land Use Summary Table, Table II -3, indicating that all build out numbers are projections and not maximum caps. The second change would amend LOC Policy 8.2.2. changing the interim creek setback on Atascadero Creek and Graves Creek from 20 feet to 35 feet (refer to Attachment 2). The first change to the Land Use Summary Table is strictly a change of vocabulary that better represents that the build -out number is an estimate rather than a maximum cap. Changing demographics, economic trends, and infill rates in the multi -family areas can affect the build -out number both up and down. ITEM NUMBER: 4 DATE: 2-17-04 The second change, will affect development of parcels located along Atascadero Creek and Graves Creek. During the General Plan update an interim 20 -foot setback was created along Atascadero Creek and Graves Creek to prevent development from encroaching on the riparian areas and flood ways. The setback is measured from the edge of the creek reservation parcel. The increase of the creek setback to 35 -feet may affect design of smaller parcels along the creek but an exception process with a Conditional Use Permit is available to relieve hardships. The proposed General Plan changes have been reviewed and approved by the City Council as part of the settlement agreement. Staff has determined that the proposed amendments are minor in nature and consistent with the original EIR certified for the 2002 General Plan. ALTERNATIVES 1. The Commission may recommend modifications to the proposed text amendments. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may recommend denial of the project. ATTACHMENTS: Attachment 1: Settlement Agreement Attachment 2 Draft Resolution of Approval ITEM NUMBER: 4 DATE: 2-17-04 Attachment 1: Settlement Agreement AGREEMENT OF SETTLEMENT AND COMPROMISE This Agreement of Settlement and Compromise ("Agreement") is made and entered this &day of May 2003 by and between the City of Atascadero ("the City') and the Environmental Center of San Luis Obispo ("ECOSLO"). Recitals A. On or about June 25, 2002, the City adopted City Council Resolution No. 2002-031 (General Plan Amendment 2000-0001) which had the effect of amending the City's existing General Plan ("the General Plan Amendment"). B. On or about July 26, 2002, ECOSLO filed the lawsuit entitled ECOSLO vs. City ofAtascadero et al., San Luis Obispo Superior Court Case No, CV 020723 ("the Lawsuit"). ECOSLO, through the lawsuit, contended, among other things, that (i) the environmental impact report for the General Plan Amendment was legally inadequate and (b) the General Plan Amendment otherwise violated state law. C. The parties met on several occasions in an attempt to arrive at a settlement of the Lawsuit. The parties have reached an agreement of settlement and compromise on the terms and conditions set forth herein. NOW, THEREFORE, the City and ECOSLO agree as follows: 1. Dismissal of Lawsuit. Concurrent with the execution of this Agreement by the parties, ECOSLO will deliver to the City a fully executed Request for Dismissal of the Lawsuit as to all parties, with prejudice. The City will file the Request for Dismissal and provide ECOSLO with a file -endorsed copy. 2. Mutual Release of Liability. The parties hereby and forever release and discharge each other and their respective members, representatives, employees, consultants, officials, agents, boards, committees, consultants, attorneys, successors and assigns from any and all claims, disputes, causes of action, fees and costs that arose from or in relation to the adoption of the General Plan Amendment including alleged deficiencies in the General Plan as a result of the General Plan Amendment, the environmental review for the General Plan Amendment, the proceedings leading up to the General Plan, the filing of the Lawsuit, or any matter raised or that could have been raised in the Lawsuit, and any claim for costs, expenses or attorney fees incurred in relation to the General Plan Amendment or in the Lawsuit. Each party shall bear their own costs and attorney fees incurred in the Lawsuit. City Obligations. The City has agreed to take the following actions: (i) The City will complete the Master Sewer Plan on or before December 31, 2003. The City Staff will propose to the City Council, and the City Council will consider -1- ITEM NUMBER: 4 DATE: 2-17-04 in good faith, an ordinance to the effect that property owners with existing residential dwellings would only be required to connect to the public sewer system if their system has failed. A septic system has failed if (a) effluent has escaped to the surface, or otherwise jeopardizes ground or surface water, and (b) it cannot be repaired or replaced consistent with Appendix K of the UPC within a reasonable time. (ii) The City is in the process of completing a habitat survey for plant communities within the City. This survey, when completed, will be used as a basis for preparing a map of wildlife corridors and habitat in the City. The City will use reasonable efforts to complete this survey in 2003. (iii) The City will complete a fiscal analysis of the impact of the zoning and density changes that are likely to occur as a result of the General Plan Amendment. This analysis will be completed by the City Manager within a reasonable time but no later than the end of 2004. The parties recognize that the current budgetary crisis in California may impact the completion of this survey. (iv) The City will provide ECOSLO with a map that delineates the property lines within and adjacent to the Salinas River. Further, the City, as a property owner, will participate in reasonable efforts to manage and control the Salinas River Corridor. (v) The City hereby acknowledges that it has an existing policy to acquire open space easements where feasible. It is also the City's policy to seek the dedication of open space easements where legally permissible. (vi) The City will adopt a 35 -foot interim setback along Atascadero Creek and Graves Creek. This setback will remain in place until the City adopts an ordinance establishing permanent creek setbacks. The City will provide notice to ECOSLO of all land use proposals on the property known as Dove Creek. (vii) The City will amend Table H-3 of the General Plan to show that the listed figures are projected build out and not the maximum build out. (viii) The Atascadero Mutual Water Company is in the process of preparing an urban water study. The City will use the urban water study to analyze the water demands of future development projects. Nothing in this paragraph shall be construed to preclude the City from using other studies, reports, expert analysis or other similar information in its analysis of water demands. 4. No Admission of Liability. This Agreement is entered in settlement and compromise of a lawsuit and should not be construed as an admission or representation of the merit, or lack thereof, of any lawsuit or dispute. -2- ATTACHMENT 2: Draft Resolution PC 2004-0020 GPA 2003-0007 DRAFT RESOLUTION PC 2004-0020 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT 2003- 0007, AMENDING THE LAND USE, OPEN SPACE AND CONSERVATION ELEMENT OF THE ATASCADERO GENERAL PLAN General Plan LOC Element Amendment Cycle 1 ECOSLO Settlement A reement WHEREAS, an Agreement of Settlement and Compromise was entered into on May 13th, 2003 between the City of Atascadero and the Environmental Center of San Luis Obispo (ECOSLO) obligating the City to amend certain portions of the Atascadero General Plan; 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 General Plan amendment application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said General Plan amendment; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on Tuesday, February 17, 2004, studied and considered General Plan Amendment 2003-0007, and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. FINDINGS OF CONSISTENCY WITH 2002 GENERAL PLAN EIR 1. The proposed project has been analyzed adequately in the 2002 General Plan EIR pursuant to applicable standards and impacts have been avoided or mitigated pursuant to the that EIR. SECTION 2. FINDINGS FOR APPROVAL. The Planning Commission finds as follows: 1. The proposed amendment is consistent with the May 13, 2003 settlement agreement between the City and ECOSLO. 2. The proposed amendment is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. 3. The proposed amendment is compatible with existing development, neighborhoods and the environment. 4. The proposed amendment will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 5. The proposed amendment is consistent with adopted EIR and mitigation monitoring program. SECTION 2. RECOMMENDATION OF APPROVAL. The Planning Commission of the City of Atascadero, in a regular session assembled on March 4, 2003, resolved to recommend that the City Council introduce for first reading an ordinance that would re -designate the subject site consistent with the following: 1. Exhibit A: General Plan LOC Element Text Amendment Table II -3, Page II -5 2. Exhibit B: General Plan LOC Element Text Amendment LOC Policy 8.2, Page II -33 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 Bob Kelley Chairperson Attest: Warren M. Frace Community Development Director Exhibit A: General Plan LOC Element Text Amendment Table II -3, Page II -5 D. Land Use Designationsl The Land Use Element and Diagram establishes distinct residential and non-residential land use categories that identify where certain types of uses may occur. While the General Plan outlines overall development parameters, the Zoning Ordinance implements these designations through regulations for specific districts and allowed uses. Table II-3TAble 11 establishes the land use designations of the General Plan and lists maximum potential development for each designation. Table II -a General Plan Land Use -#Iaximum-Projected Potential Development d Tse Desi tion Maximum Density Average FAR Minimum Lot size Acnes W A43ximI-MI Projected DtiveUing Units (du) Maximikm Projected Population 2.65 people/unit RR I RE ! SE 0.1 - 0.4 unitfacre gross' 2.5 -10 ac 9,340.4 ac 3634 du 9630 pp SFR -Z 1.0 unitfacre gross** 1.5 - 2.5 ac 655.2 ac 652 du 1 728p SFR -Y 2.0 units/acre gross 1.0 ac 1,579.5 ac 2831 du 7503pp SFR -X 4.0 unitsfacre net* 0.5 ac 472.7 ac 1380 du 3658 pp MDR 10 units/acre net 0.5 ac 217.1 ac 1116 du 2958 pp HDR 16 unitsfacre net 0.5 ac 303.0 ac 3648 du 9668 pp GC 16 unitsfacre net 0.3 FAR 292.1 ac 189 du 501 PP SC 0.4 FAR 41.8 ac D 16 unitsfacre net 3.0 FAR 62.3 ac 50 du 133 pp MU 16 unitsfacre net 0.3 FAR 66.6 ac 200 du 530 pp CPK 0.4 FAR 82.9 ac CREC 10 unitsfacre net 0.1 FAR 6.7 ac IND 0.4 FAR 65.2 ac AG 0.1 - 0.4 unitsfacre gross"" 2.5 - 10 ac 43.9 ac REC 501.7 ac PUB 0.4 FAR 1,1174.3 ac OS 277.4 ac Total 15 182.6 ac 13,701 du 36 308 PP "Net" shallme an minimum lot silt exclusive o f private or p ubliely owne d abuttins road risi tsbf-way while "Gross ' sitau imiudt abutfisg road rizia of -w ay to "k31 .1 ,t FAR (Floor Arta Ratio) The PAR expresses the ptrctiLtagc of a site area thatcould It covert a ly a I uildir%. The PAA is note onsideredan absolute c ap under this Ge neral plant ut is use d as an overallland use designation average toe alc elate traffic and job se neratior. relate d to the usts. Actually site utilizationrestrictions are determimatythtzoninsordinance's setback,landscapirg,parking andhtisht standards. Downtown FAA is assume (Iwith an average of 0.4 with am ax of S.O. x Vie maximum densitysetsalimit tothtnumberofunitsthatmaybtdevelopeaintwhlandusedesisnation TheGtneralplanalso sets minimum lots size art as that anamwedthavushthe cubdivision pros tsssonsistentwith the'E1bowRoom aprinciple. The minim um lot sizes are more restrictive than At maximum densities in order to reflect historic small lot development densities and to allow for new plaane d dtwio pmt nt projec is that incorporate s m aller lot sixes with inno vativt delis n co net pts. xjtWy.Xis adjuste d by performance standards irnthi= landust designation Tht maximum density may be lowerbast don the applie ation of perform ane a standards. Exhibit B: General Plan LOC Element Text Amendment LOC Policy 8.2, Page II -33 Policy 8.2: Establish and maintain setbacks and development standards for creek side development. Program: 1. Adopt and maintain a creek setback ordinance that will establish building setbacks and development standards along the banks of Atascadero Creek, Graves Creek, blueline creeks and the Salinas River to ensure the uninterrupted natural flow of the streams and protection of the riparian ecosystem with flexible standards for the downtown area. Responsibility: CDD, Planning Commission, City Council Timeframe: Adopt Ordinance in 2.9992005. 2. Prior to adoption of a creek setback ordinance an interim 2935 -foot creek setback shall be in effect along Atascadero Creek -,and Graves Creek. and-JAII other 7.5 min V quadrangle blueline creeks shall have an interim 20 -foot setback. The interim setbacks shall be subject to the followina: �� a) On Atascadero Creek and Graves Creek setbacks shall be measured from the edge of the creek reservation. b) All other blueline creek setbacks shall be measured from ordinary high water mark. c) The Planning Commission may approve exceptions to the interim creek setbacks in the form of a Conditional Use Permit if the finding can be made that creeks, riparian areas and site improvement will not be negatively impacted by the exception.