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HomeMy WebLinkAboutPC_2004-03-02_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: 3/2/04 CITY OF A TASCADERO PLANNING COMMISSION MINUTES Regular Meeting February 17, 2004 — 7:00 P.M. CALL TO ORDER Chairperson Kelley called the meeting to order at 7:00 p.m. and Commissioner Jones led the Pledge of Allegiance. PLANNING COMMISSION BUSINESS A. Administration of Oath of Office City Clerk Marcia McClure Torgerson administered the Oath of Office to Planning Commission Members Bob Kelley and Tim Peterson. ROLL CALL Present: Commissioners Beraud, Fonzi, O'Keefe, Peterson, Jones and Chairperson Kelley Absent: Commissioner Porter 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 Vice Chairperson Jones and seconded by Commissioner Fonzi to approve the agenda. AYES: Commissioners Fonzi, Beraud, O'Keefe, Jones and Chairperson Kelley NOES: None ABSTAIN: Commissioner Peterson Motion passed 5:0 by a Noll -call vote. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON FEBRUARY 3, 2004. MOTION: By Vice Chairperson Jones and seconded by Commissioner Fonzi to approve the Consent Calendar. AYES: Commissioners Fonzi, Peterson, Beraud, O'Keefe, Jones and Chairperson Kelley NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 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. Associate Planner Kelly Gleason provided the staff report and answered questions of the Commission. PUBLIC COMMENT Ric Paul, Applicant, indicated that he agreed with the staff report and briefly discussed the project. Steven Alvarez, Arborist, answered questions of the Commission. Chairperson Kelley closed the Public Comment period. MOTION: By Vice Chairperson Jones and seconded by Commissioner Fonzi to 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 as contained in the staff report. AYES: Commissioners Fonzi, O'Keefe, Beraud, Peterson, Jones and Chairperson Kelley NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. 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 Planning Services Manager Steve McHarris provided the staff report and answered questions of the Commission. PUBLIC COMMENT George Molina, 5000 Marchant Avenue, Applicant, stated he agreed with the staff report. Eric Greening, 7365 Valle, asked several questions including how the determination of eight potential legal building sites was made, how the 16 building sites on Coromar were added, and what was the status of the property between this and the cemetery. He recommended that before the Commission took any action on this project they actually find the values to be transferred. 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 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 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 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. 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. Planning Services Manager Steve McHarris provided the staff report and answered questions of the Commission. PUBLIC COMMENT George Molina, 5000 Marchant Avenue, Applicant, stated he agreed with the staff report. Eric Greening, 7365 Valle, asked several questions including how the determination of eight potential legal building sites was made, how the 16 building sites on Coromar were added, and what was the status of the property between this and the cemetery. He recommended that before the Commission took any action on this project they actually find the values to be transferred. Annette Johnson, 8955 Corornar Road, Applicant, indicated her support for the zone change for the Coromar location. Kelly Gearhart, Applicant, stated he was available to answer questions on the receiver sites. Jennifer Eichmeyer, 3605 Colima Road, stated she was delighted to see the sewer going down her street and made available to the neighborhood. Linda Zirk, 5405 Marco Lane, expressed her concerns with drainage issues on her property coming from the Colima Road area. She requested a modification to the Plans be made to include a more detailed drainage report, asked that she be held harmless and indemnified from any underground or surface water that causes flooding and damage to her property, and a minimum 35 foot setback from her property line be required for structures on Lot No. 4. Irene Bishop, 7151 Serena Court, asked why she, as a neighboring property owner, had not received notice about this project. She expressed her concerns with the project and suggested an additional public hearing on this item before any decisions were made. Chairperson Kelley closed the Public Comment period. Chairperson Kelley asked staff to address questions raised in the Public Comment period. He indicated that each section of this project would be addressed individually. Coromar Avenue Site Commissioner O'Keefe stated her concerns with the fiscal impact from the loss of commercial zoning on this project. Vice Chairperson Jones indicated his concern with the use of in -lieu fees versus providing actual affordable housing. Commissioner Fonzi expressed her concern with the Coromar property and indicated that she could not see a connection between this property and the eight development credits. Commissioners Beraud and O'Keefe were concerned with the lack of a plan for the trees on the site. Chairperson Kelley asked about the use of an assessment district rather than creating a private road and stated his concern with the height of the buffer wall. Colima Road Site Associate Civil Engineer Jeff van den Eikhof addressed the drainage question raised during the Public Comment period by Mrs. Zirk. Linda Zirk answered questions of the Commission. Kelly Gearhart clarified that there is a lot of septic in the area around Mrs. Zirk's property that could be causing the groundwater problem. He stated the sewer line should help to alleviate the problem. Ferrocaril Road Site Commissioner O'Keefe expressed her concern that no footprints have been identified on this site and that tree protection is poor. Commissioner Beraud also stated her concerns with impacts to the trees on the site. Eric Greening stated several concerns with this site including: 1) tree protection, 2) increasing train traffic and 3) screening of the public from crossing the train tracks. Pine Mountain Commissioner O'Keefe questioned how the eight parcels were determined and stated she could not understand how this was done and that it was excessive. Commissioner Beraud stated that the Molina property was an important acquisition, but it must be verified that it is a just and equitable exchange. She proposed sending this item back to staff for a fiscal analysis. Chairperson Kelley commented that the City Council had determined on the eight units, which he feels is an equitable trade as it saves 28 acres above Stadium Park as well as providing 16 affordable homes in the Coromar area. Commissioner Fonzi stated that looking at this item as a package deal was a convoluted way of approaching it. She hoped the City Council would not place the Planning Commission in this difficult position again. Commissioner Fonzi indicated that she had a problem with the Coromar property and does not see the connection between the development credits for this site and the Planned Development. Vice Chairperson Jones felt the Commission's hands were tied because of the City Council's action and expressed discomfort with how this project came to the Commission. MOTION: Vice Chairperson Jones and seconded by Chairperson Kelley to adopt Resolution No. PC 2004-0007 recommending that the City Council certify Proposed Mitigated Negative Declaration 2003-0069; and, adopt Resolution No. PC 2004- 0008 recommending that the City Council approve General Plan Amendment 2003-0009 based on findings; and 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 adopt Resolution No. PC 2004-0010 recommending that the City Council approve Development Agreement 2004-0001 based on findings. AYES: Commissioners Peterson, Fonzi, Jones and Chairperson Kelley NOES: Commissioners O'Keefe and Beraud ABSTAIN: None Motion passed 4:2 by a roll -call vote. MOTION: Vice Chairperson Jones and seconded by Chairperson Kelley to 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, 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, 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, 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. Staff is to work with applicant to have a road maintenance district for that driveway and roadway. With inclusion of the following errata items: ■ Replace (page 231) incorrect Coromar Avenue TTM 2003-0041 Exhibit A with correct TTM Exhibit. ■ Replace (page 259) incorrect Colima Avenue TTM 2003-0042 Exhibit A with correct TTM Exhibit. ■ Page 196 Coromar CUP 2003-0120, AND Page 278 Ferrocaril CUP 2002- 0067 Amendment, add the following underscored section: Findings for Approval of Tree Removal Permit. The Planning Commission finds as follows: The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: 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 e. If saving the tree requires the removal of more desirable trees. AYES: Commissioners Peterson, Jones and Chairperson Kelley NOES: Commissioners Fonzi, Beraud and O'Keefe ABSTAIN: None Motion failed 3:3 by a roll -call vote. MOTION: Vice Chairperson Jones and seconded by Commissioner Fonzi to 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, 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. AYES: Commissioners Fonzi, Beraud, Peterson, Jones and Chairperson Kelley NOES: Commissioner O'Keefe ABSTAIN: None Motion passed 5:1 by a roll -call vote. MOTION: Vice Chairperson Jones and seconded by Chairperson Kelley to 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, 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. AYES: Commissioners Beraud, Peterson, Fonzi, Jones and Chairperson Kelley NOES: Commissioner O'Keefe ABSTAIN: None Motion passed 5:1 by a roll -call vote. 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: Community Development Director Warren Frace provided the staff report and answered questions of the Commission. PUBLIC COMMENT Mike Jackson, 5502 Ensenada, stated this was a taking of property from those who live on the creek. He expressed concern that property owners did not receive notification of this settlement. Richard Shannon, 5070 San Benito discussed the effect of this settlement on downtown properties and stated this would stop development of the downtown. Eric Greening reviewed what the options would be if the setbacks were not reverted to 35 feet. Chairperson Kelley closed the Public Comment period. Chairperson Kelley asked City Attorney Hanley to explain how the setback came into effect and the reasoning behind ECOSLO's involvement. MOTION: By Commissioner Beraud and seconded by Commissioner O'Keefe to adopt Resolution No. PC 2004-0020 recommending that the City Council approve General Plan Amendment 2003-0007 based on findings. AYES: Commissioners Beraud, O'Keefe, Peterson, Fonzi, Jones and Chairperson Kelley NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. COMMISSIONER COMMENTS & REPORTS None DIRECTOR'S REPORT Community Development Director Frace asked the Commission to confirm with staff their attendance at the Monterey workshop. ADJOURNMENT Chairperson Kelley adjourned the meeting at 9:05 p.m. to the next regularly scheduled meeting of the Planning Commission on March 2, 2004. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary \\Cityhall\CDvlpmnt\— PC Minutes\PC Minutes 04\PC Draft Minutes. 2-17-04.gp.doc CITY OF A TASCADERO TREE ORDINANCE DISCUSSION The Community Development Director will discuss the Tree Ordinance. ITEM NUMBER: 3 DATE: 03-02-04 Atascadero Planning Commission Staff Report - Community Development Department 5245, 5265 EI Camino Real General Plan Amendment 2003-0011, Zone Change 2003-0076 Conversion of 0.15 Acres of Commercial Use to Multi -family Residential Use (5265 EI Camino Real / Stan Sherwin) SUBJECT: The project consists of an application for a General Plan Amendment from General Commercial (GC) to Medium -Density Residential (MDR) and a zone change from Commercial Retail (CR) to Residential Multi -Family -10 (RMF -10). The proposal will accommodate a future 1,600 square foot residential duplex with parking and landscaping on 0.15 acres within the previously approved 0.46 -acre K -Jon's CUP project. General Plan Designation: General Commercial (GC) Zoning District: Commercial Retail (CR) RECOMMENDATION: Staff Recommends: 1. Adopt Resolution No. PC 2004-0021 recommending that the City Council recertify Proposed Mitigated Negative Declaration 2002-0044; and, 2. Adopt Resolution No. PC 2004-0022 recommending that the City Council approve General Plan Amendment 2003-0011 based on findings; and, 3. Adopt Resolution No. PC 2004-0023 recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2003-0076 based on findings. ITEM NUMBER: 3 DATE: 03-02-04 SITUATION AND FACTS: 1. Applicant/ Representative: Stan Sherwin, 5265 EI Camino Real, Atascadero, CA 93422, 805/466-7248 2. Project Address: 5245, 5265 EI Camino Real APN 029-302-047, 029-312-036 3. General Plan Designation: GC (General Commercial) 4. Zoning District: CR (Commercial Retail) 5. Site Area: 0.15 acres 6. Existing Use: Commercial Retail and Residential 7. Environmental Status: Mitigated Negative Declaration 2002-0044 DISCUSSION: 1. Background On February 4, 2003, the Planning Commission approved a Conditional Use Permit for a project on the existing K -Jon's commercial site, which consists of a planned 4,464 square foot commercial building, a 1,600 square foot residential duplex building, 4 -car carport, and landscaping on an existing 0.46 -acre parcel. At the time of project approval, staff and the applicant had anticipated that a mixed-use zoning ordinance was to be established that would have accommodated the residential duplex use within the commercially designated K -Jon's site. However, to date, a mixed-use ordinance has not been enacted, requiring a proposed land use and zone change for the project to proceed as originally approved by the Planning Commission. 2. Project Summary The General Plan identifies this site, along with adjacent properties to the north and south as Commercial Retail and property to the east as Medium -Density Residential (10 units/acre). EI Camino Real and U.S. Highway 101 are located to the west. The project site is located within the Commercial Retail Zoning District and situated mid -block along the east side of EI Camino Real between San Jacinto Avenue and Rosario Avenue. Residential Multi -Family zoning occurs to the east and also to the north and south. Although the General Plan conditionally allows multi -family residential use in the Commercial Retail Zoning District where appropriate, a Mixed -Use Zoning ITEM NUMBER: 3 DATE: 03-02-04 Ordinance has not been established requiring the residential duplex portion of the originally approved project to be submitted to the Planning Commission and City Council as a minor adjustment in land use to accommodate the residential duplex use. No changes are proposed to the originally approved CUP, Master Plan of Development, Conditions of Approval, or Mitigation Measures. 3. General Plan Amendment Requirements Conformance with the adopted General Plan Goals, Policies and Programs and the overall intent of the Plan The proposed project is consistent with several General Plan goals, policies and programs. Those identified below provide the Planning Commission with the justification required for amending the General Plan as proposed. Land Use Goal 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". ■ Program 2: "Concentrate higher density development downtown and within the Urban Core, and focus master planned commercial uses at distinct nodes along arterial corridors". ■ Program 7: "Within the Urban Core encourage infill development or the revitalization or reuse of land already committed to urban development where utilities and public services exits". Land Use Goal 3: "Transform the existing El Camino Real "strip" into a distinctive, attractive and efficient commercial, office and industrial park area which can provide for the long term viability of the community." ■ Policy 3.1: "Ensure retail businesses at efficient and attractive nodes along El Camino Real and Morro Road with mixed office and residential uses between those nodes". ■ Policy 3. 1, Program 7: "Conditionally allow, mixed-use or exclusive multifamily infill development in the mid -block portions of General Commercial areas along El Camino Real." 4. General Plan Amendment Findings As specified within the City's General Plan, the following findings shall be made in order to approve the proposed general plan amendment: ITEM NUMBER: 3 DATE: 03-02-04 1. The proposed amendment is in the public interest. Staff Comment: The use is consistent with the Medium Density Residential designation of the General Plan and Land Use Element Policy 1.1 and 3.1. 2. The proposed amendment is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. Staff Comment: As identified above, the proposed amendment is consistent with several General Plan Goals, Policies, and Programs within the Land Use and Housing Elements. 3. The proposed amendment is compatible with existing development, neighborhoods and the environment. Staff Comment: The surrounding zones are suitable for mix -use development with adjacent Medium Density residential and General Commercial sites. Surrounding Land Uses and Setting: North: Commercial South: Commercial East: Residential West: EI Camino Real & U.S. Highway 101 4. The proposed amendment will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. Staff Comment: As analyzed within the project Initial Study and Draft Negative Declaration, the proposed residential use would have no significant environmental impacts to traffic, infrastructure, or public service. 5. The proposed amendment is consistent with adopted EIR and mitigation monitoring program. Staff Comment: As analyzed within the project Initial Study and Draft Negative Declaration, the proposed residential use would have no significant environmental impacts on a project -specific basis and would be consistent with the General Plan, adopted EIR and mitigation monitoring program. Based on staff's analysis in the preceding sections, all of the required findings for approval of the General Plan Amendment can be made. ITEM NUMBER: 3 DATE: 03-02-04 5. Zone Change Findings The following findings shall be made in order to approve the proposed zone change: 1. The proposed zone change is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. Staff Comment: As identified above, the proposed amendment is consistent with several General Plan Goals, Policies, and Programs within the Land Use and Housing Elements. 2. The proposed zone change is compatible with existing development, neighborhoods and the environment. Staff Comment: Zoning the back portion of the subject property residential provides orderly and consistent use of the property. 3. The proposed zone change will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. Staff Comment: As analyzed within the project Initial Study and Draft Mitigated Negative Declaration, the proposed residential use would have no significant environmental impacts to traffic, infrastructure, or public service. 4. The proposed zone change is consistent with the project -specific Mitigated Negative Declaration. Staff Comment: As analyzed within the project Initial Study and Draft Negative Declaration, the proposed residential use would have no significant environmental impacts. 6. Proposed Environmental Determination Staff has prepared an initial study for the project in conformance with the California Environmental Quality Act. Based on the findings of the initial study, staff determined that the project does not have the potential to create any significant environmental impacts. The original Mitigated Negative Declaration for the K -Jon's project has been updated with the proposed land use and zone change and has been re -circulated and posted for the project. Staff is recommending the Commission recommend that the City Council recertify Mitigated Negative Declaration 2002-0044. Conclusion ITEM NUMBER: 3 DATE: 03-02-04 The proposed project is consistent with the General Plan Amendment and Zone Change process, as analyzed within this staff report. The applicant has proposed a change in use that is both consistent with the General Plan policies and zoning ordinance, and compatible with the surrounding neighborhood with no significant environmental impacts. It is staff's opinion that the proposed project, as conditioned allows the Planning Commission to make all of the required findings for project approval recommendation to the City Council. ALTERNATIVES 1. The Commission may make modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The parcel would retain its General Plan designation of General Commercial and Commercial Retail zoning district. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Lisa Wilkinson, Assistant Planner ATTACHMENTS: Attachment 1: Location Map and Zoning Attachment 2: Site Plan and Elevations Attachment 3 Draft Resolution of Approval - Proposed Mitigated Negative Declaration Attachment 4: Draft Resolution of Approval - Proposed General Plan Amendment — Land Use Map Change Attachment 5: Draft Resolution of Approval - Proposed Zoning Map Change ITEM NUMBER: 3 DATE: 03-02-04 Attachment 1: Location Map, General Plan and Zoning i'� Project Site General Plan General Commercial Zoning District: Commercial Retail ITEM NUMBER: 3 DATE: 03-02-04 Attachment 2: Site Plan and Elevations �� ri'ALLS Y - Proposed Duplex Building ��,1•I�Ilxi�t � 44 i 1W �Illlu ` - �, rid►` � - - :4 0— �� ri'ALLS Y - Proposed Duplex Building ATTACHMENT 3: Draft Resolution PC 2003-0021 GPA 2003-0011 / ZCH 2003-0022 Recertification of Negative Declaration DRAFT RESOLUTION PC 2004-0021 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL RECERTIFY MITIGATED NEGATIVE DECLARATION 2002-0044 PREPARED FOR GENERAL PLAN AMENDMENT 2003-0011 AND ZONE CHANGE 2003-0022 APN 029-302-0479 029-312-036 (5245 El Camino Real / Sherwin) WHEREAS, an application has been received from Stan Sherwin (5265 El Camino Real, Atascadero CA 93422) Applicant and Property Owner to consider a project consisting of a general plan amendment changing the GC (General Commercial) land use designation to MDR (Medium Density Residential); and change a portion of the CR (Commercial Retail) zoning district to RMF -10 (Residential Multi -Family, 10 units/Acre) on 0.15 acres within APN 029-302-047 and 029-312-036; and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2002- 0044 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on Tuesday, March 2, 2004 following the close of the review period to consider the Initial Study and Proposed Negative Declaration; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero hereby resolves to recommend that the City Council recertify Proposed Mitigated Negative Declaration 2002-0044 based on the following Findings as shown on Exhibit A: The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, 2. The Proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project. 4. The project will not achieve short-term to the disadvantage of long-term environmental goals. 5. The project does not have impacts which are individually limited, but cumulatively considerable. 6. The project will not cause substantial adverse effects on human beings either directly or indirectly. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Bob Kelley Chairperson Attest: Warren M. Frace Community Development Director Exhibit A Proposed Mitigated Negative Declaration 2002-0044 Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure CUP 2002-0075, GPA 2003-0011, ZCH 2003-0022 ding Permit BP: Building Permit PS: ing BS: Building Services TO: Temporary FD: Fire Department Occupancy PD: Police Department 5245, 5265 EI Camino Real FI: Final inspection F0: Final Occupancy : City Engineer WW WW: Wastewater CA: City Attorney AMWC: Water Camp. BP PS 1.c.1 Mitigation Measure 1.c.1: All lighting shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 30 -feet in height, limit intensity to 2.0 foot candles at ingress /egress, and otherwise 0.6 foot candle minimum to 1.0 maximum in parking areas. Fixtures shall be shield cut-off type. Mitigation Measure 1.c.2: The project landscape shall include requiring 24- BP PS 1.c.2 inch box sized street trees adjacent to EI Camino Real. Mitigation Measure 3.b: The project shall be conditioned to comply with all BP BS 3.16 applicable District regulations pertaining to the control of fugitive dust (PM - 10) as contained in section 6.4 of the Air Quality Handbook. All site grading and demolition plans notes shall list the following regulations: A. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage, preferably in the late morning and after work is finished for the day. B. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e. greater than 20 mph averaged over one hour) so as to prevent excessive amounts of dust. C. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. D. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. E. Permanent dust control measured identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. F. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast -germinating native grass seed and watered until vegetation becomes established. G. All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods in advance by the APCD. H. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible. In addition, structural foundations shall be completed as soon as possible following building pad construction. I. On-site vehicle speed shall be limited to 15 mph for any unpaved surface. J. All unpaved areas with vehicle traffic shall be watered at least twice per day, using non -potable water. K. Streets adjacent to the project site shall be swept daily to remove silt, which may have accumulated from construction activities so as to prevent excessive amounts of dust from leaving the site. L. Wheel washers may be required when significant offsite import Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure CUP 2002-0075, GPA 2003-0011, ZCH 2003-0022 GP: Gding Permit BP: Building Permit PS: nning BS: BuildingServicess TO: Temporary FD: Fire Department Occupancy PD: Police Department 5245 5265 EI Camino Real FI: Final inspection F0: Final Occupancy WWWW: City Engineer : Wastewater CA: City Attorney AMWC: Water Camp. or export of fill is involved. M. Large canopy shade trees shall be provided along street frontages and within parking areas to shade paved areas and minimize urban heat build-up. Mitigation Measure4.ef: An arborist report and tree preservation GP, PS, BS, CE 4.ef recommendations is required for any proposed construction or earthwork BP within or adjacent to the drip line of the existing off-site oak tree located at the northeast corner of the site, prior to grading or building permit issuance. Mitigation Measure 5.e: Should any cultural resources be unearthed during GP BS 5.e site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. Mitigation Measure 6.b.1: The Building Permit Application plans shall GP PS, BS, CE 6.b.2 include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.b.2: All cut and fill slopes shall be hydro seeded with GP PS, BS, CE 6.b.4 an appropriate erosion control method (erosion control blanket, hydro -mulch, or straw mulch appropriately anchored) immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6.c.d: A soils report shall be required to be submitted GP BS 6.c.d with a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for occupants and buildings. Mitigation Measure 8.e.f.1: A Storm Water Pollution Prevention Plan GP PS, BS, CE 6.b.1 (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for ensuring that GP PS, BS, CE 6.b.3 all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.d: All construction activities shall comply with the City BP, PS, BS 11.d of Atascadero Noise Ordinance for hours of operation. GP Construction activities shall be limited to the following hours of operation: 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Exhibit A Timing Responsibility Mitigation /Monitoring Measure Mitigation Monitoring Program CUP 2002-0075, GPA 2003-0011, ZCH 2003-0022 GP: Gding Permit BP: Building Permit PS: nning BS: BuildingServicess TO: Temporary FD: Fire Department Occupancy PD: Police Department 5245 5265 EI Camino Real FI: Final inspection F0: Final Occupancy WWWW: City Engineer : Wastewater CA: City Attorney AMWC: Water Camp. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Planning Commission. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. Mitigation Measure 15.g: The applicant shall provide reciprocal access BP BS 15.g easements to the northerly, central, and southerly adjoining properties per the proposed site plan. ATTACHMENT 5: Draft Resolution PC 2004-0023 ZCH2O03-0076 Approval of Proposed Zoning Map Change DRAFT RESOLUTION PC 2004-0023 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2003-0076, AMENDING A PORTION OF THE OFFICIAL ZONING MAP DESIGNATION OF APN 029-302-027 AND 029-312-036 FROM CR TO RMF -10 (5245 El Camino Real / Sherwin) WHEREAS, an application has been received from Stan Sherwin (5265 El Camino Real, Atascadero CA 93422), Applicant and Property Owner to consider a project consisting of a general plan amendment changing the GC (General Commercial) land use designation to MDR (Medium Density Residential); and change 0.15 acres of the CR (Commercial Retail) zoning district to RMF -10 (Residential Multi -Family, 10 units/Acre) on 0.15 acres within APN 029-302-047 and 029-312-036; and, WHEREAS, the site's current General Plan Designation is GC (General Commercial); and, WHEREAS, the site's current zoning district is CR (Commercial Retail); and WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Official Zoning Map to protect the health, safety and welfare of its citizens by applying orderly development of the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments: and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on Tuesday, March 2, 2004, studied and considered Zone Change 2003- 0076, after first studying and considering the recertification of the Mitigated Declaration prepared for the project, and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of Atascadero from Commercial Retail to Residential Multi -Family District. The Planning Commission finds as follows: The proposed zone change is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. 2. The proposed zone change is compatible with existing development, neighborhoods and the environment. 3. The proposed zone change will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 4. The proposed zone change is consistent with the project -specific Mitigated Negative Declaration. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on March 2, 2004, resolved to recommend that the City Council introduce for first reading an ordinance that would rezone the subject site consistent with the following: 1. Exhibit A: Zone Change Map BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) CITY OF ATASCADERO, CA Bob Kelley Chairperson Attest: Warren M. Frace Community Development Director Exhibit A: Zone Change Map 2003-0076 Official Zoning Map Change APN 029-302-047 Existing Zone: CR Amended Zone: RMF -10 ATTACHMENT 4: Draft Resolution PC 2004-0022 GPA 2003-0011 Approval of General Plan Amendment DRAFT RESOLUTION PC 2004-0022 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT 2003- 0011, AMENDING THE LAND USE DIAGRAM DESIGNATION OF APN 029-302-047 AND 029-312-035 FROM GC TO MDR (5245 El Camino Real / Sherwin) WHEREAS, an application has been received from Stan Sherwin (5265 El Camino Real, Atascadero CA 93422), Applicant and Property Owner to consider a project consisting of a general plan amendment changing 0.15 acres of the GC (General Commercial) land use designation to MDR (Medium Density Residential); and change 0.15 acres of the CR (Commercial Retail) zoning district to RMF -10 (Residential Multi -Family, 10 units/Acre) on 0.15 acres within APN 029-302-047 and 029-312-036; and, WHEREAS, the site's General Plan land use designation is GC (General Commercial) and has been recommended to be changed to MDR; and, WHEREAS, the site's current zoning district is CR (Commercial Retail); and WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the General Plan Land Use Diagram to protect the health, safety and welfare of its citizens by applying orderly development of the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject 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, March 2, 2004, studied and considered General Plan Amendment 2003-0011, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of a General Plan Amendment to change the General Plan Land Use Diagram for the City of Atascadero from General Commercial to Residential Multi -Family (RMF -10). The Planning Commission finds as follows: The proposed amendment is in the public interest. 2. The proposed amendment is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. 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. 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 2, 2004, 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 Amendment - Land Use Map Change BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) CITY OF ATASCADERO, CA Bob Kelley Chairperson Attest: Warren M. Frace Community Development Director Exhibit A: General Plan Amendment - Land Use Diagram Change IOS, 0O Land Use Diagram APN 029-302-047 Existing: GC Amended: MDR ESS Attachment 6: Conditions of Approval GPA 2003-0011 / ZCH2O03-0076 Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure 5245, 5265 El Camino Real PS: Planning Services BL: Business License BS: Building Services GPA 2003-0011 /ZCH 2003-0076 GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Atlomey Planning Services 1. Project approval shall become final and effective following TO PS/13S City Council approval. TO PS/BS 2. Conditional Use Permit 2002-0075 includes all mandatory project conditions. ITEM NUMBER: 4 DATE: 03/02/04 Atascadero Planning Commission Staff Report — Community Development Department Tentative Parcel Map 2003-0046 (AT 03-0161) 9055 La Canada (Nelson) SUBJECT: TENTATIVE PARCEL MAP 2003-0046: Proposed subdivision of one existing parcel totaling approximately 7.82 acres into two parcels of 4.62 and 3.60 acres, gross. The site is currently developed with a single-family residence. The existing improvements will be confined to one lot allowing development of a single-family residence on the remaining lot. RECOMMENDATION: 1► ii:- .uu-ion The Planning Commission adopt Resolution No. PC 2003-0116, certifying the proposed Mitigated Negative Declaration 2003-0050 and approving Tentative Parcel Map 2003-0046, a request to subdivide two parcels totaling 7.82 acres into two parcels of 4.62 and 3.60 acres, gross, based on findings and subject to conditions. SITUATION AND FACTS: 1. Applicant/Owners: Nolan & Sara Nelson, 9055 La Canada, Atascadero, California 93422, Phone: (805) 466-7891 2. Representative: Dan Stewart Associates, P.O. Box 2038, Paso Robles, California 93447, Phone: (805) 238-0700 3. Project Address: 9055 La Canada, Atascadero, California 93422 4. General Plan Designation: RE (Rural Estate) 5. Zoning District: RS (Residential Suburban with a minimum lot size of 3.590 acres) (gross). ITEM NUMBER: 4 DATE: 03/02/04 6. Site Area: 7.82 Acres (gross) 7. Existing Use: Developed with a single family residence 8. Environmental Status: Proposed Negative Declaration posted October 28, 2003 - review period ended November 16, 2003. San Gregorio Road .� �•\A La Canada Road Del Rio Road �1 '\ Project _ !1 Site \\j, Site Description: The site is moderate to steeply sloping and is located on the south side of La Canada, backing up to Del Rio Road. Proposed Parcel 1 is currently developed with a single-family residence. ITEM NUMBER: 4 DATE: 03/02/04 View of the property from proposed Parcel 2 looking west towards the existing residence DISCUSSION: Subdivision Design: The subdivision will divide one existing lot into two parcels. The resulting parcels will share an access point off of La Canada, over a short easement. Proposed Parcel 1 will then be granted an easement across Parcel 2 over the existing driveway, for access. Both resulting parcels will exceed the 3:1 depth to width ratio. However, the proposed width of the two parcels will exceed 200 feet and will not be detrimental to neighboring parcels. In addition, the depth to width ratio will not impede future development as the majority of the property is encumbered by a Pacific Gas and Electric easement that renders the property unbuildable. ITEM NUMBER: 4 DATE: 03/02/04 co O g��.� wigitCd a �b_ Proposed New Development Area PG&E Easements ,y r` Parcel J A' � � J a � Parcel 1 _�aotsn m% C Existing Development 01 0 PROPOSED TENTATIVE PARCEL MAP ITEM NUMBER: 4 DATE: 03/02/04 The existing improvements on the site will be confined to proposed Parcel 1. The tentative parcel map has identified a potential building site on proposed parcel 2. The site consists of average slopes of 20%. Percolation tests indicate that each lot is suitable for an engineered onsite septic system. Atascadero Mutual Water Company will provide water to the potential new residences at the time of development. Future utilities to the new lots will be required to be placed underground and located within the driveway area to reduce any potential impacts to native vegetation. Following are the minimum lot size calculations: Minimum Lot Size Criteria For the Residential Suburban Zone Address 9055 La Canada Lot Size Factors APN 050-021-028 Proposed Parcel 1 Lot Size 7.82 acres (gross) Contact Nolan Nelson 0-8,000=.20, 8-10,000=.25 10-12,000 =30,12- 14,000=.40, 14-16,000 =.50,16-18,000 =.60, Distance from Center 18-20,000= .75, > of Community 20,000 = .90 14-16 0.5 <20 min/inch=.50 20-39 min/inch=.75 Septic Suitability 40-59 min/inch= 1.00 > (perk rate 60 min/inch= 1.50 <20 0.5 0-10% =.5, 11-20% =.75, 21-25% = 1.0, 26-30% =1.25, Average Sloe 31- 35% =1.75, 36-40% = 2.00 31-35% 1.75 City accepted road =.40 Paved road less than 15% =.40 Paved road more than 15% =.50 All weather less than 15% =.75 All weather more than 15% = 1.00 Unimproved less than 15% = 1.25 Unimproved more than Access Condition 15% = 1.5 0.4 Lot sizes within 1,500' Average Lot Size Within 1500 Feet (acres) 3.451 0.69 Minimum Lot Size= 3.840 ITEM NUMBER: 4 DATE: 03/02/04 Minimum Lot Size Criteria For the Residential Suburban Zone Address 9055 La Canada 050-021-028 Proposed Parcel APN 2 Lot Size Lot Size 7.82 acres (gross) Contact Nolan Nelson Factors Distance 0-8,000=.20, 8-10,000=.25 from 10-12,000 =.30,12- 14,000=.40, Center of 14-16,000 =.50,16-18,000 =.60, Communit 18-20,000= .75, 14- > 20,000 =.90 16 0.5 <20 min/inch=.50 Septic 20-39 min/inch=.75 Suitability 40-59 min/inch= 1.00 20 - (perk rate) > 60 min/inch= 1.50 39 0.75 0-10%=.5, 11-20%=.75, Average 21-25% = 1.0, 26-30% =1.25, Sloe 31- 35% =1.75, 36-40% = 2.00 29% 1.25 City accepted road =.40 Paved road less than 15%=.40 Paved road more than 15% =.50 All weather less than 15% = .75 All weather more than 15% = 1.00 Access Unimproved less than 15% = 1.25 Condition Unim roved more than 15% = 1.5 0.4 lot sizes within 1,500' Average Lot Size Within 1500 Feet (acres) 3.451 0.69 Minimu m Lot Size= 3.590 Future development has been designed to avoid impacts to native vegetation; however, there are several oak trees on the property. The applicant has provided a letter from a certified arborist stating that it appears future construction can be accommodated on the site without impacts, but at application for building permits, a certified arborist shall reinspect the site to insure that construction does not encroach into drip lines. The project has been conditioned to require reinspection at the time of building permits (Planning Condition 9). ITEM NUMBER: 4 DATE: 03/02/04 The subdivision is consistent with the General Plan Rural Estate land use designation and Residential Suburban zoning regulations with a minimum lot sizes of 3.84 and 3.59 acres, gross, based on the minimum lot size criteria. Environmental Review: The Initial Study concludes that there will be no significant harm to the environment as a result of this subdivision. A proposed Mitigated Negative Declaration has been prepared for the project and certification of the Mitigated Negative Declaration is included in draft Planning Commission Resolution 2003-0116. CONCLUSIONS: The subdivision, as conditioned, is consistent with the General Plan and Zoning Ordinance. The parcel configurations are consistent with the Subdivision Ordinance requirements with the finding that the depth to width ratio will not be detrimental to neighboring properties and will not impede future development. The size and shape of the proposed lots are consistent with the character of the immediate neighborhood. Staff recommends the Planning Commission approve the tentative parcel map as conditioned. ALTERNATIVES: 1. The Commission may approve the subdivision subject to additional or revised project conditions. The Commission's motion to approve needs to include any new or revised project conditions. 2. The Commission may deny the subdivision if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. PREPARED BY: Kerry Margason, Associate Planner ATTACHMENTS: Attachment 1 -- Location Map (General Plan & Zoning) Attachment 2 -- Letter from Arborist Attachment 3 -- Draft Resolution PC 2003-0116 ATTACHMENT 1: Location Map (General Plan / Zoning) TPM 2003-0046 9055 La Canada Project Site: 9055 La Canada GP: RE (Rural Estate) Zoning: RS (Residential Suburban) San Gregorio Road t -,— ` La Canada Road \` Project �\ Site \ f ITEM NUMBER: 4 DATE: 03/02/04 %\ Del Rio Road ATTACHMENT 2: Arborist Letter dated October 24, 2003 TPM 2003-0046 9055 La Canada ITEM NUMBER: 4 DATE: 03/02/04 1615 Lupine Lane, Templeton, California 93465 Date: 10/24/03 To: Nolan Nelson From: Chip Tamagni Steven Alvarez Certified Arborists Re: Lot Split for 9055 La Canada, Atascadero, CA This report is in regards to the proposed lot split (TEN 2003-0046) for APN 050- 021-028. On 10-23-03, we visited the property to examine the proposed house site and determine if there are potential impacts to the native oak trees. There is a large open space on this property that could easily be utilized for the home placement. As long as the house construction does not encroach into the drip -line of any oak tree, there should be no impacts. This report is only an observance and in no way constitutes as a tree protection plan. Prior to any development, a thorough and accurate tree protection plan will need to be produced and implemented. Specific mitigation measures will need to be followed when working adjacent to any oak tree. Please let us know if we can be of further assistance for this project. Sincerely, Chip Tamagni Certified Arborist #WE 6436-A Steven G. Alvarez Certified Arborist #WC 0511 =RECEIVED ITEM NUMBER: 4 DATE: 03/02/04 ATTACHMENT 3: Draft Resolution PC 2003-0116 TPM 2003-0046 9055 La Canada DRAFT RESOLUTION NO. PC 2003-0116 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A TENTATIVE PARCEL MAP 2003-0046 TO DIVIDE ONE RESIDENTIAL LOT INTO TWO RESIDENTIAL LOTS AT 9055 LA CANADA (NELSON) WHEREAS, Nolan and Sara Nelson, 9055 La Canada, Atascadero, California, 93422 (Owner/Applicant), applied for a Tentative Parcel Map to subdivide two lots totaling 7.82 acres into three parcels of 3.91 and 3.91 acres, gross, each; and, WHEREAS, the proposed project has a General Plan Designation of Rural Estate (RE) and, as conditioned, 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 Suburban (RS) zoning district with a minimum lot size of 3.590 acres, gross, which allows for the proposed use and density when certain findings are made; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0050 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Mitigated Negative Declaration and Tentative Parcel Map application on December 2, 2003 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. Certification of Negative Declaration. The Planning Commission of the City of Atascadero, hereby certifies Mitigated Negative Declaration 2003-0050 based on the following findings: 1. The Negative Declaration has been completed in compliance with requirements of the California Environmental Quality Act; and, 2. The project does not have the potential to degrade the environment; and 3. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, ITEM NUMBER: 4 DATE: 03/02104 4. The project does not have impacts which are individually limited, but cumulatively considerable; and, 5. The project will not cause substantial adverse effects on human beings either directly or indirectly. SECTION 2. Findings for approval of subdivision. The Planning Commission finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 6. The subdivision is consistent with the character of the immediate neighborhood. 7. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 8. The proposed subdivision design and type of improvements proposed will not cause serious public health problems. 9. The proposed subdivision will be accomplished without detriment to the adjacent properties. 10. The proposed accessway improvements meet the intent of the subdivision ordinance and are adequate for safe emergency vehicle access. 11. The proposed subdivision design will not be detrimental to neighboring properties or future development because all lots will maintain a width of 200 feet or greater, allowing all required setbacks for future development to be met. ITEM NUMBER: 4 DATE: 03/02/04 SECTION 3. Approval. The Planning Commission does hereby approve Tentative Parcel Map 2003-0046 (AT 03-0161) to subdivide one parcel totaling 7.82 acres into two parcels of 3.91 and 3.91 acres each, subject to the following Conditions and Exhibits: EXHIBIT A: Mitigated Negative Declaration EXHIBIT B: Conditions of Approval EXHIBIT C: Tentative Parcel Map 2003-0046 (AT 03-0161) On motion by Commissioner and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ADOPTED: ABSTAINED: CITY OF ATASCADERO, CA Bob Kelley Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary ITEM NUMBER DATE: 03/02/04 EXHIBIT A: Proposed Mitigated Negative Declaration Draft Resolution PC 2003-0116 TPM 2003-0046 ITEM NUMBER DATE: 03/02/04 EXHIBIT B: Conditions of Approval Draft Resolution PC 2003-0116 TPM 2003-0046 Conditions of Approval / Mitigation Monitoring Timing Responsibility Mitigation Program /Monitoring Measure PM: Parcel Map TPM 2003-0046 (AT 03-0161) GP: Grading PS: Planning Services Prmt BS: Building Services 9055 La Canada BP: Building Prmt TO: Temporary FD: Fire Department PD: Police Department Occupancy CE: City Engineer F0: Final WW; Wastewater Occupancy CA: City Attorney PI: Public AMWC: Atascadero Improvements Mutual Water Company Planning Services Standard Planning Conditions 1. The approval of this application shall become final, PM PS subject to the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Parcel Map shall be valid for PM PS two years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have PM PS the authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Parcel Map. 4. A parcel map drawn in substantial conformance with PM PS the approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 5. The subdivider shall defend, indemnify, and hold Ongoing CA harmless the City of Atascadero or its agents, officers, 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 PM PS park or recreation purposes (QUIMBY Act) as required ITEM NUMBER DATE: 03/02/04 Conditions of Approval / Mitigation Monitoring Timing Responsibility Mitigation Program /Monitoring Measure PM: Parcel Map TPM 2003-0046 (AT 03-0161) GP: Grading PS: Planning Services Prmt BS: Building Services 9055 La Canada BP: Building Prmt TO: Temporary FD: Fire Department PD: Police Department Occupancy CE: City Engineer F0: Final WW: Wastewater Occupancy CA: City Attorney PI: Public AMWC: Atascadero Improvements Mutual Water Company by City Ordinance. Project Specific Conditions 7. In conjunction with recordation of the parcel map, the PM PS applicant shall record an additional map sheet which locates the building envelope and leach field area and delineates a shared accessway from La Canada as shown on the tentative parcel map. The additional map sheet shall clearly state that additional access points off of La Canada for either parcel shall not be permitted. 8. All future development on Parcel 2 shall share one GP PS/BS driveway approach off of La Canada to reduce the number of turnouts on the road and reduce the amount of grading on steeper slopes. 9. Prior to issuance of building permits, the applicant shall BP PS/BS stake the construction area for inspection by a certified arborist to insure all construction activities take place outside the driplines of native trees. If construction activities will encroach into driplines, the applicant shall have a full tree protection plan prepared for review and approval by the Community Development Department. 10. All utilities shall be placed underground in the area of the driveway in order to reduce trenching and potential impacts to native vegetation. 11. All future development on either parcel shall be stepped into the building area to minimize cut and fill slopes. Pad grading will be allowed for the garage area only. Engineering 1. The applicant shall address storm water detention BP CE prior to grading and drainage approval. 2. In the event that the applicant is allowed to bond for PM CE any public improvements required as a condition of ITEM NUMBER DATE: 03/02/04 Conditions of Approval / Mitigation Monitoring Timing Responsibility Mitigation Program /Monitoring Measure PM: Parcel Map TPM 2003-0046 (AT 03-0161) GP: Grading PS: Planning Services Prmt BS: Building Services 9055 La Canada BP: Building Prmt TO: Temporary FD: Fire Department PD: Police Department Occupancy CE: City Engineer F0: Final WW: Wastewater Occupancy CA: City Attorney PI: Public AMWC: Atascadero Improvements Mutual Water Company this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 3. The Subdivision Improvement Agreement shall PM CE record concurrently with the Final Map. 4. All public improvements shall be constructed in PM CE conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 5. The applicant shall enter into a Plan PM CE Check/Inspection agreement with the City. 6. The applicant shall be responsible for the relocation PM CE and/or alteration of existing utilities. 7. The applicant shall install all new utilities (water, gas, PM CE electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 8. The applicant shall monument all property corners for PM CE construction control and shall promptly replace them if disturbed. 9. A preliminary subdivision guarantee shall be PM CE submitted for review in conjunction with the processing of the parcel map. 10. All existing and proposed utility, pipeline, open PM CE 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. 11. Prior to recording the parcel map, the applicant shall PM CE pay all outstanding plan check/inspection fees. 12. Prior to the final inspection of any public PM CE improvements, the applicant shall submit a written ITEM NUMBER DATE: 03/02/04 Conditions of Approval / Mitigation Monitoring Timing Responsibility Mitigation Program /Monitoring Measure PM: Parcel Map TPM 2003-0046 (AT 03-0161) GP: Grading PS: Planning Services Prmt BS: Building Services 9055 La Canada BP: Building Prmt TO: Temporary FD: Fire Department PD: Police Department Occupancy CE: City Engineer F0: Final WW: Wastewater Occupancy CA: City Attorney PI: Public AMWC: Atascadero Improvements Mutual Water Company statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 13. Prior to recording the parcel map, the applicant's PM CE surveyor shall set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 14. Prior to recording the parcel map, the applicant shall PM CE submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 15. Prior to recording the parcel map, the applicant shall PM CE have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 16. Upon recording the final map, the applicant shall PM CE provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. Building /Fire Marshal: GP FD/PS/BS 1. Interior fire sprinklers will be required for all future residential development. 2. All future development shall be consistent with City of GP FD/PS/BS Atascadero Fire Department requirements. ITEM NUMBER DATE: 03/02/04 Conditions of Approval / Mitigation Monitoring Timing Responsibility Mitigation Program /Monitoring Measure PM: Parcel Map TPM 2003-0046 (AT 03-0161) GP: Grading PS: Planning Services Prmt BS: Building Services 9055 La Canada BP: Building Prmt FD: Fire Department TO: Temporary PD: Police Department Occupancy CE: City Engineer F0: Final WW: Wastewater Occupancy CA: City Attorney PI: Public AMWC: Atascadero Improvements Mutual Water Company Atascadero Fire Department requirements. Water Company: PM AMWC 1. Prior to recordation of the Final 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. 2. Prior to the recordation of the Final Map, the PM AMWC applicant shall obtain a "Will Serve" letter from the Atascadero Mutual Water Company. 3. Prior to the issuance of building permits, the BP/GP AMWC applicant shall pay all installation and connection fees required by the Atascadero Mutual Water Company. 4. All water distribution facilities shall be constructed in PM AMWC conformance with Atascadero Mutual Water Company standards, policies and approved procedures. All cross -connection devices shall be constructed in conformance with AWWA and Department of Health Services standards. 5. Each newly created parcel will require separate water PM AMWC meters. ITEM NUMBER DATE: 03/02/04 Conditions of Approval / Mitigation Monitoring Timing Responsibility Mitigation Program /Monitoring Measure PM: Parcel Map TPM 2003-0046 (AT 03-0161) GP: Grading PS: Planning Services Prmt BS: Building Services 9055 La Canada BP: Building Prmt FD: Fire Department TO: Temporary PD: Police Department Occupancy CE: City Engineer F0: Final WW: Wastewater Occupancy CA: City Attorney PI: Public AMWC: Atascadero Improvements Mutual Water Company MITIGATION MEASURES Mitigation Monitoring Program Timing Responsibility Mitigation TPM 2003-0046 /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services 9055 La Canada TO: Temporary Occupancy FI: Final inspection FD: Fire Department PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 3.b.1: The project shall be conditioned to BP PS/BS 3.b.1 comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in section 6.4 of the Air Quality Handbook. All site grading and demolition plan notes shall list the following regulations: Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. ■ Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. ITEM NUMBER DATE: 03/02/04 Conditions of Approval / Mitigation Monitoring Program TPM 2003-0046 (AT 03-0161) 9055 La Canada Timing PM: Parcel Map GP: Grading Prmt BP: Building Prmt TO: Temporary Occupancy F0: Final Occupancy PI: Public Improvements Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Mitigation Measure ■ Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast -germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such ITEM NUMBER DATE: 03/02/04 Conditions of Approval / Mitigation Monitoring Timing Responsibility Mitigation Program /Monitoring Measure PM: Parcel Map TPM 2003-0046 (AT 03-0161) GP: Grading PS: Planning Services Prmt BS: Building Services 9055 La Canada BP: Building Prmt FD: Fire Department TO: Temporary PD: Police Department Occupancy CE: City Engineer F0: Final WW: Wastewater Occupancy CA: City Attorney PI: Public AMWC: Atascadero Improvements Mutual Water Company persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.e.1: The building permit site plan shall BP BS/PS 4.e.1 identify all protection and enhancement measures recommended by the Certified Arborist in a Tree Protection Plan. Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. Mitigation Measure 4.e.2: Grading and excavation shall be BP BS/PS 4.e.2 consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 5. All trees within the area of work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 4.e.3: The developer shall contract with a BP BS/PS 4.e.3 certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining an arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and ITEM NUMBER DATE: 03/02/04 Conditions of Approval / Mitigation Monitoring Program TPM 2003-0046 (AT 03-0161) 9055 La Canada Timing PM: Parcel Map GP: Grading Prmt BP: Building Prmt TO: Temporary Occupancy F0: Final Occupancy PI: Public Improvements Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Mitigation Measure requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. (c) As specified by the City staff: ■ Fencing: Must be a minimum of 4' high chain link, snow or safety fence staked at the drip -line or line of encroachment for each group of trees. The fence must be up before any construction or earth moving begins. The arborist(s) shall inspect the fence placement once it is erected. ■ Soil Aeration Methods: Soils under the drip -lines that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include water jetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with a 2-4" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist(s) shall advise. ■ Chip Mulch: All areas within the drip line of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction. ■ Trenching Within the Drip Line: All trenching under the drip lines of native trees shall be hand dug, augured or bored. All major roots shall be avoided whenever possible. All exposed roots larger than 1" in diameter shall be clean cut with a sharp pruning tool and not left ragged. Trenching will occur during septic line construction and water line construction. ■ Grading Within the Drip Line: Grading should not encroach within the drip line. If grading is necessary, construction of retaining walls or tree wells or other protection measures may be necessary to insure the survivability of the trees. Chip mulch 4-6" in depth may also be required in these areas. Grading should not disturb the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. ■ Exposed Roots: Any exposed roots shall be recovered the same day they were exposed. ITEM NUMBER DATE: 03/02/04 Conditions of Approval / Mitigation Monitoring Program TPM 2003-0046 (AT 03-0161) 9055 La Canada Timing PM: Parcel Map GP: Grading Prmt BP: Building Prmt TO: Temporary Occupancy F0: Final Occupancy PI: Public Improvements Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Mitigation Measure ■ Paving within the Drip Line: Pervious surfacing is preferred within the drip line of any oak tree. ■ Equipment Operation: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. ■ Existing Surfaces: The existing ground surface within the drip -line of all oak trees shall not be cut, filled, compacted, or pared. ■ Construction Materials and Waste: No liquid or solid construction waste shall be dumped on the ground within the drip -line of any oak tree. ■ Arborist Monitoring: An arborist shall be present for road and house grading, septic line/water trenching, and pre -construction fence placement. The monitoring does not necessarily have to be continuous but observational at times during the above activities. ■ Pre -Construction Meeting: An on-site pre - construction meeting with the Arborist(s), Owner, Planning Staff, and the earthy moving team shall be required for this project. Prior to final occupancy, a letter from the arborist(s) shall be required verifying the health/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall verify that the arborist(s) were on site for all grading and/or trenching activity that encroached into the drip line of the native trees, and that all work done in these areas was completed to the standards set forth above. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 6.b.1: All disturbed areas, not shown on the GP/BP BS/PS 6.b.1 project landscape plan for landscaping shall be hydro seeded with a native seed mix. Erosion control measures shall include an erosion control blanket for all 2:1 fill slopes. Affected areas that previously contained native shrubs and vegetation shall be replanted with similar plant species per the approved landscape plan. Duration of the project: The contractor will be responsible ITEM NUMBER DATE: 03/02/04 Conditions of Approval / Mitigation Monitoring Timing Responsibility Mitigation Program /Monitoring Measure PM: Parcel Map TPM 2003-0046 (AT 03-0161) GP: Grading PS: Planning Services Prmt BS: Building Services 9055 La Canada BP: Building Prmt FD: Fire Department TO: Temporary PD: Police Department Occupancy CE: City Engineer F0: Final WW: Wastewater Occupancy CA: City Attorney PI: Public AMWC: Atascadero Improvements Mutual Water Company for the clean-up of any mud or debris that is tracked out on to San Fernando Road and/or the private access drive by construction vehicles. Mitigation Measure 6.c.d.1: A soils report shall be required to GP/BP BS/PS 6.c.d.1 be submitted with a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. The property contains no unusual geological formations. Mitigation Measure 6.e.1: Percolation tests are required in the GP/BP BS/PS 6.e.1 City of Atascadero before building permits for residences can be issued. Mitigation Measure 11.d.1: All construction activities shall BP BS/PS 11.d.1 comply with the City of Atascadero Noise Ordinance for hours of operation, and as follows: Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday The Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors may modify the hours of construction. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Planning Commission. A sign shall be posted on-site with the hours of construction and a telephone number of the person to be contacted in the event of any violations. Staff shall approve the details of such a sign during the Grading Plan/Building Permit review process. Noise generating operation of business and/or parking lot maintenance activities shall not occur before 7 a.m. or after 7 p.m. at this location. ITEM NUMBER DATE: 03/02/04 EXHIBIT C: Tentative Parcel Map, page 1 of 1 Draft Resolution PC 2003-0116 TPM 2003-0046 ITEM NUMBER: 4 DATE: 03/02/04 Ci p � O yy 8pS 1X41CL e'a Q a a Z ,fir i< hi uQP, WI a rpt lei 1 i 1 N z 1 1 t Ck: 1 1 I 1 EXHIBIT C: Tentative Parcel Map, Page 2 of 2 Draft Resolution PC 2003-0116 TPM 2003-0046 r a ITEM NUMBER: 4 DATE: 03/02/04