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HomeMy WebLinkAboutPC_2004-03-16_AgendaPacketCITY OFATASCADERO PLANNING COMMISSION AGENDA Regular Meeting March 16, 2004 — 7:00 P.M. City of Atascadero Pavilion on the Lake 9315 Pismo Ave. - Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Kelley Vice Chairperson Jones Commissioner Fonzi Commissioner Peterson Commissioner Beraud Commissioner O'Keefe 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 MARCH 2, 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. Reconsideration of Tentative Parcel Map 2000-0003 Applicant: William R. Safarj an, 5100 Cascabel Road, Atascadero, CA 93422 Phone: 461-0674 Project Title: Reconsideration of Tentative Parcel Map 2000-0003 Project 5100 Cascabel Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 054-092-015 Project The proposed project is a reconsideration of a previously approved request to allow the Description: subdivision of one 6.02 -acre parcel into two lots of 2.58 acres and 3.44 acres at 5100 Description: Cascabel Road. General Plan Designation of RE (Rural Estate) Zoning District of RS (Residential Suburban). Proposed The project has been determined to be consistent with Mitigated Negative Declaration Environmental #2000-0020, certified by the Planning Commission at the time of original approval for TPM Determination: 2000-0003. 3. Zone Change 2003-0065, Conditional Use Permit 2003-0113, Vesting Tentative Tract Map 2003-0038 with a Planned Development Overlay. Applicant: Rodney Madruga, 5495 Olmeda Ave., Atascadero, CA 93422 Phone: 461-0565 Project Title: Zone Change 2003-0065, Conditional Use Permit 2003-0113, Vesting Tentative Tract Map 2003-0038 with a Planned Development Overlay. Project 5690 Rosario Avenue, Atascadero, CA 93422 / 5495 Olmeda Ave., Atascadero, CA 93422 Location: (San Luis Obispo County) APN 029-292-044, 017 Project The proposed project consists of an application for a Zone Change, Conditional Use Permit, and Description: Tentative Tract Map. The proposed project consists of four new single-family homes and the retention of one existing single-family home located on individual lots that will be developed under the requirements of the PD -7 overlay district within the Residential Multi -Family (RMF -10) zoning district. The project includes one home per lot each with a two -car garage and a single guest parking space. No native trees will be removed. General Plan Designation: Medium Density Residential — MDR Zoning District: Residential Multiple Family— RMF -10 Proposed Based on the initial study prepared for the project, a Negative Declaration is proposed. The proposed Environmental Negative Declaration is available for public review from 2/26/04 through 3/16/04 at 6905 El Camino Determination: Real, Suite 6, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. 4. Conditional Use Permit 2003-0088/Tentative Tract Map 2003-0046: 8790 Morro Road Creekside Commercial Center Applicant: Kelly Gearhart, 6205 Alcantara Ave., Atascadero, CA 93422 Phone: 461-7504 Project Title: Conditional Use Permit 2003-0088/Tentative Tract Map, Creekside Commercial Center Project 8810 and 8850 Morro Rd., Atascadero, CA 93422 Location: (San Luis Obispo County) APN 031-291-021, 024 Project The project consists of a master plan of development for a commercial office center on two legal lots Description: of record and associated 9 -lot tentative tract map. The site is currently graded and developed with two commercial buildings along the Highway 41 frontage. The project, as proposed, will establish building envelopes, design guidelines, landscaping, and a site master plan for future commercial development. A single shared driveway will provide access to State Highway 41 (Morro Rd). The site is directly adjacent to Atascadero Creek, which is listed as a blue line creek. General Plan Designation: General Commercial Zoning District: Commercial Retail / PD 3 Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The Environmental proposed Negative Declaration is available for public review from 2/2/04 through 3/2/04 at 6905 El Determination: Camino Real, Suite 6, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on Wednesday, April 7, 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. \\Cityhall\CDvlpmnt\— PC Agendas\PC 2004\PC Agenda. 03-16-04.word.am.doc 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). DRAFT ITEM NUMBER: 1 DATE: 3-16-04 CITY OFATASCADERO PLANNING COMMISSION MINUTES Regular Meeting March 2, 2004 — 7:00 P.M. CALL TO ORDER Chairperson Kelley called the meeting to order at 7:00 p.m. and Commissioner Beraud led the Pledge of Allegiance. ROLL CALL Present: Commissioners Beraud, Fonzi, Peterson, Porter, Jones and Chairperson Kelley Absent: Commissioner O'Keefe Staff Present: Community Development Director Warren Frace, City Engineer Steve Kahn, Planning Services Manager Steve McHarris, Associate Civil Engineer Jeff van den Eikhof, Associate Planner Kerry Margason, Assistant Planner Lisa Wilkinson and Recording Secretary Grace Pucci. APPROVAL OF AGENDA MOTION: By Commissioner Fonzi and seconded by Commissioner Beraud to approve the agenda. AYES: Commissioners Fonzi, Beraud, Peterson, Porter, Jones and Chairperson Kelley NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. Chairperson Kelley suggested changing the order of the agenda placing Items # 3 and 4 ahead of the Tree Ordinance Discussion (Item #2). PUBLIC COMMENT Eric Greening questioned the process for changing the agenda. Chairperson Kelley closed the Public Comment period. MOTION: By Vice Chairperson Jones and seconded by Commissioner Fonzi to approve the amended agenda. AYES: Commissioners Fonzi, Beraud, Peterson, Porter, Jones and Chairperson Kelley NOES: None ABSTAIN: None Motion passed 6: 0 by a roll -call vote. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON FEBRUARY 17, 2004. MOTION: By Commissioner Beraud and seconded by Vice Chairperson Jones to approve the Consent Calendar. AYES: Commissioners Beraud, Peterson, Fonzi, Jones and Chairperson Kelley NOES: None ABSTAIN: Commissioner Porter Motion passed 5:0 by a roll -call vote. PUBLIC HEARINGS 2. GENERAL PLAN AMENDMENT 2003-0011; ZONE CHANGE 2003-0076, 5245/5265 EL CAMINO REAL (K-JONS) Applicant: Stan Sherwin, 5265 El Camino Real, Atascadero, CA 93422, 466-7248 Project Title: General Plan Amendment 2003-0011; Zone Change 2003-0076, 5245/5265 El Camino Real (K-Jons) Project 5245/5265 El Camino Real (K-Jons), Atascadero CA 93422 Location: Project The proposed project consists of an application for a General Plan Amendment from General Description: Commercial (GC) to Medium -Density Residential (MDR) and from Commercial Retail (CR) to Residential Multi -Family -10 (RMF -10) Zoning District. The proposal is associated with a previously approved 1600 square foot residential duplex building with parking and landscaping on 0.15 acres on an existing 0.46 acre commercial site. General Plan Designation: General Commercial (GC) Zoning District: Commercial Retail (CR) Proposed Certified Mitigated Negative Declaration 2002-0044 Addendum Environmental Determination: Planning Services Manager Steve McHarris provided the staff report and answered questions of the Commission. PUBLIC COMMENT Stan Sherwin, 6649 San Gabriel Road, Applicant, briefly discussed the project. Joanne Main, 4980 San Gabriel Road, stated the Chamber of Commerce supports this project and the mixed use on this site. Maxwell Keith stated he lives next to the applicant's site and he is in support of the project. Chairperson Kelley closed the Public Comment period. Steve McHarris stated that staff had made a minor change to Zone Change Map 2003-0076 and explained the change. MOTION: By Vice Chairperson Jones and seconded by Commissioner Porter to adopt Resolution No. PC 2004-0021 recommending that the City Council recertify Proposed Mitigated Negative Declaration 2002-0044; and adopt Resolution No. PC 2004-0022 recommending that the City Council approve General Plan Amendment 2003-0011 based on findings; and, 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 and subject to the presentation from staff regarding the Zone Change Map. AYES: Commissioners Porter, Beraud, Peterson, Fonzi, Jones and Chairperson Kelley NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. 3. TENTATIVE PARCEL MAP 2003-0046; 9055 LA CANADA (NELSON) Applicant: Nolan Nelson, 9055 La Canada, Atascadero, CA 93422 805-466-7891 Project Title: Tentative Parcel Map 2003-0046 Project 9055 La Canada, Atascadero, CA 93422, San Luis Obispo County Location: APN 050-021-028 Project A proposed subdivision of an existing 7.82 gross acre lot into two individual parcels of 3.91 Description: gross acres each. The site is currently developed with a single-family residence that will be confined to one lot to allow the new lot to be developed with a single-family residence. The parcels are moderately to steeply sloped and contain vegetation and native oak trees. Onsite septic will serve the property and water is available from Atascadero Mutual Water Company. General Plan Designation: Residential Suburban (RS) Zoning District: Rural Estate (RE) Based on the initial study prepared for the project, a Mitigated Negative Declaration is Proposed proposed. The proposed Negative Declaration is available for public review through March Environmental 2, 2004 at 6905 El Camino Real, Suite 6, Community Development Department, from 8:00 Determination: a.m. to 5:00 p.m., Monday through Friday. Associate Planner Kerry Margason provided the staff report and answered questions of the Commission. PUBLIC COMMENT Nolan Nelson, 9055 La Canada, Applicant, spoke about the project, the protection of the trees on the site and asked the Commission to approve the project. Chip Tamagni, arborist, spoke about the site and impacts to the trees. Chairperson Kelley closed the Public Comment period. MOTION: By Commissioner Fonzi and seconded by Commissioner Peterson to 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. AYES: Commissioners Fonzi, Peterson, Beraud, Porter, Jones and Chairperson Kelley. NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 4. TREE ORDINANCE DISCUSSION Community Development Director Warren Frace stated that this discussion would give the Commission the opportunity to discuss concerns and give staff feedback. PUBLIC COMMENT Eric Greening, 7365 Valle, stated it was his opinion that the tree ordinance is generally working well. He expressed some concerns including: 1) in densely covered difficult building sites where large numbers of trees are being removed for single family residences, he would rather see payment of mitigation fees than replanting, those fees should be used for habitat protection, and 2) the consequences of taking out smaller trees that have a longer lifespan. George Molina expressed his opinion that it was important to look at the Tree Ordinance and the way it effects the economics of building a house. He stated that staff could be trusted to make decisions, and public hearings were not necessary and inefficient. He would like to see a reduction in the time frame to get permits. Jean Sterns, 5700 Olmeda Avenue, disagreed with the last comments. She is against cutting down trees to put in more houses and expressed concern regarding the height of buildings and how high buildings cut off mountain views. Chip Tamagni, 2900 Monterey Road, arborist, indicated that he has done many tree protection plans and he sees the greatest problem as being monitoring during construction. He would like to see more teeth in the ordinance regarding monitoring and the responsibility of owners and developers to insure their contractors follow the ordinance and tree protection plans. Steven Alvarez, 1615 Lupin Lane, arborist, stated he tries to abide by the high standards of the Tree Ordinance. The problems he sees is the post -construction landscaping planned around trees and feels the focus must be on the value of native trees. The irrigation going up against tree trunks and drip lines is drowning the trees and depleting oxygen. He would like to see less of a focus on older trees and greater consideration given to younger treeswe should be looking at reforestation. Jean Sterns related incidents she has seen where roots have been cut while digging a trench, she would like to see trees saved properly. Chairperson Kelley closed the Public Comment period. Commissioner Beraud stated that the Tree Ordinance does a good job overall. She sees a lot of problems with monitoring and would like to see a better system including penalties and incentives for following the Tree Ordinance. Total tree coverage losses are important, especially the removal of younger trees. Regarding use of the mitigation fees, she would like to see the City be proactive in obtaining open space. Landscape plans must be appropriate to the trees left on site Commissioner Porter indicated that he has a problem with the current fee schedule. He has a hard time requiring applicants to pay mitigation trees for removal of trees that pose a hazard to the public, there should be some avenue in the Tree Ordinance that would allow the Planning Commission or the City Council to waive these fees if necessary. He would like to see a 10% variance rule once a project is approved that would allow the Community Development Director or staff to approve subsequent tree removals. Vice Chairperson Jones agreed with need to protect younger trees. He would like to see the City Council encourage the use of mitigation funds for easements for habitat protection. The Ordinance should be more efficient and allow staff to make some of the decisions. He is disturbed by requiring the applicant to pay into the mitigation fund when there is a hazardous situation or no room to plant more trees. The Commission should be able to waive fees when appropriate. Commissioner Fonzi expressed concern with charging applicants to remove dead trees, as these are being removed for the public good. She questioned why there are different standards for replacement and fees in different areas. There does not seem to be any consistency, she would like the fees to be uniform. Table 8-A in the Tree Ordinance is confusing and she would like staff to look into it. She suggested reevaluating the native tree species in the Tree Ordinance, and feels Digger Pines should be considered native trees and that Elm trees should be protected in Atascadero. Staff should have more flexibility in determining tree removal—should have a certain percentage. She would like staff to review the Ordinance and let the Commission know if there are superfluous areas in the ordinance. Commissioner Fonzi has concerns with vineyards going in and the subsequent removal of all the trees on the site. This is not covered under the Ordinance. There is no uniformity to tree protection plans and arborist reports, and guidelines are necessary so arborists know what to expect. There should be more monitoring during the construction process and penalties where abuses occur. Chairperson Kelley would like to see mitigation fees used when tree removal on packed lots takes place. The Ordinance should be made more user friendly, staff can make some decisions on tree removals; 10% change is acceptable. He has a problem with charging for removal of dead trees. Chairperson Kelley would like the Planning Commission to have the ability to adjust some of the fees especially with dead or hazardous trees. If a tree is deemed hazardous staff should be able to deal with that immediately. He stated that a tree on a residential lot is the same as a tree on a commercial lot and should be treated the same with the same fee structure. Monitoring tree protection plans are difficult, and should be left to the arborist. A penalty plan is good; perhaps institute a phased system of penalties. Mitigation fees can be put back into easements and protection of trees as well as an education program for anyone coming in for tree removals. A uniform application/checklist would be good. The Fire Department should have input into the Ordinance especially in mountainous areas. Where tree removals are necessary for fire protection no fees should be involved. The Ordinance seems to address developers only; it should treat everyone equally. Commissioner Beraud stated she was afraid of the 10% staff approval and feels it could lead to sloppy tree protection. Chairperson Kelley indicated that if someone does make an attempt to try to save a tree but it must be taken down, there should be some way to waive the fee. Chip Tamagni addressed the issue of taking down hazardous trees without permits. There is an approved, standardized hazardous tree evaluation form. He stated that those who want to live around oak trees must assume some degree of risk. Some threshold of hazard to cause trees to come down must be considered. Jerry Clay reminded those present that nature has planted the trees. The perception is that if we don't take are of the trees, nothing will happen but trees do regenerate themselves and nature takes care of the trees. COMMISSIONER COMMENTS & REPORTS None DIRECTOR'S REPORT Director Frace reminded the Commissioners of the planning conference at the end of March. Upcoming agendas were reviewed and a brief report was given on the status of the homeless shelter. ADJOURNMENT Chairperson Kelley adjourned the meeting at 8:13 p.m. to the next regularly scheduled meeting of the Planning Commission on March 16, 2004. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary \\Cityhall\CDvlpmnt\— PC Minutes\PC Minutes 04\PC Draft Minutes. 03-02-04.gp.doc ITEM NUMBER: 2 DATE: 3-16-04 Atascadero City Planning Commission Staff Report — Community Development Department Tentative Parcel Map 2000-0003 (AT 00-068) 5100 Cascabel Road Safarjan RECOMMENDATION (S): Adopt Resolution No. PC 2004-0034 approving the Reconsideration of Tentative Parcel Map 2000-0003 consistent with Negative Declaration 2000-0020, based on findings and conditions of approval. REPORT -IN -BRIEF: The Planning Commission originally approved tentative Parcel Map 2000-0003 on June 20, 2000. The applicant was in fie process of completing the Final Map, when it was determined that the Tentative Map had expired on June 20, 2003. The applicant is now requesting a reconsideration of Tentative Parcel Map 2000-0003 in order to reinstate the map and complete the final map process. DISCUSSION: Background: This application is a resubmittal of a previously approved parcel map that has expired. Tentative Parcel Map #29-89 was recommended for approval by the Planning Commission on April 17, 1990 and was approved by City Council on May 8, 1990. The approval allowed the subdivision of one lot containing approximately 6.0 acres into two lots containing approximately 3.2 and 2.6 acres each. On March 9, 1993, the City Council conducted a public hearing to reconsider Tentative Parcel Map #29-89. The reconsideration request was to modify parcel configuration, private driveway improvements and to eliminate a condition requiring an open space easement along Graves Creek. The Council reapproved TPM #29-89 including ITEM NUMBER: 2 DATE: 3-16-04 modification of parcel configuration and private driveway improvements, but retained the open space easement. The expiration of the map therefore became March 9, 1995. In early 1995, the State Legislature amended the Subdivision Map Act to automatically extend all active tentative parcel maps by three (3) years. This allowed the subject map an extension to March 9, 1998. A one-year time extension was approved on March 17, 1998, giving the map an expiration date of March 9, 1999, after which it expired. The applicant subsequently applied for a new subdivision map following the same criteria that was approved on March 9, 1993. The Planning Commission approved the new map on June 20, 2000. In 2002, the applicant applied for a one-year time extension, extending the life of the map to June 20, 2003. The project was proceeding through the final map process in June 2003, when the map expired. The applicant is now requesting reconsideration of this Parcel Map so the map can be reinstated and the final map process can be completed. Analysis: The site is on a relatively flat lot adjacent to Cascabel Road. Graves Creek runs along the northern border of the property and is somewhat shielded by native trees and shrubs. The majority of the site was historically used for agricultural crops and does not appear to contain significant native vegetation. One single family home served by a narrow unpaved driveway exists at the rear of the site, on what will become parcel 1. Proposed parcel 2 is currently undeveloped. The Parcel Map as proposed, meets the minimum lot size requirements for Residential Suburban Zoning Districts. Average slopes are between 2 and 10% (percent) and percolation rates are between 20 and 39 minutes per inch, resulting in a minimum parcel size of 2.572 acres, gross. Both lots will take access from Cascabel Road along the flag portion of lot 1. A forty -foot wide access and public utility easement will be established for the benefit of lot 2. In addition, the map will provide for a 20 -foot offer of dedication along Cascabel Road. An unpaved driveway currently provides access to the existing residence on proposed lot 1. The Subdivision Ordinance requires the flag portion to be a minimum of 24 -feet wide with 20 -feet of pavement, when the length of the flag exceeds 150 -feet, unless otherwise approved by the Planning Commission. Parcel 1 is subject to these standards. Previously this driveway was approved as a 12 -foot wide private driveway. Staff recommends that the Planning Commission approve the project consistent with other recent flag lot subdivisions, requiring a minimum 24 -foot width with 16 feet of pavement. The conditions of approval (Condition 10) have been modified to reflect this recommendation. The project will provide an open space easement along the length of the property boundary adjacent to Graves Creek (Condition 7). The easement will be 50 -feet wide, except in the area of the existing residence, where it will narrow to 15 -feet. ITEM NUMBER: 2 DATE: 3-16-04 Conclusion: The subdivision is consistent with the General Plan and the parcel configurations are consistent with the Subdivision Ordinance requirements. The size and shape of the lots proposed are consistent with the character of the immediate neighborhood. As conditioned, the project would allow the development of one additional residence and would have no significant adverse effects on the environment. ALTERNATIVES: 1. The Planning Commission may approve the parcel map with modified conditions of approval. 2. The Planning Commission may deny approval of the parcel map, based on appropriate findings. To deny an application, the Commission must find that it is inconsistent with the General Plan or one or more of the required findings of approval cannot be made. The motion to deny must include a finding for denial. 3. The Planning Commission may continue the action and refer the project back to staff for additional information or analysis. Direction should be given to staff and the applicant. ATTACHMENTS: Attachment 1 - Vicinity Map Attachment 2 - Tentative Parcel Map Attachment 3 - Notice of Determination Attachment 4 - Draft Resolution 2004-0034 Approving TPM 2000-0003 Exhibit 1 — Tentative Parcel Map Exhibit 2 - Tentative Parcel Map showing easement areas Exhibit 3 - Conditions of Approval ATTACHMENT 1: Vicinity Map (General Plan / Zoning) TPM 2000-0003 5100 Cascabel Road GENERAL PLAN — RE (Rural Estate) ZONING DISTRICT— RS (Residential Suburban) ITEM NUMBER: 2 DATE: 3-16-04 X TI Graves Creek Reservation ITEM NUMBER: DATE: 3-16-04 ATTACHMENT 2: Tentative Parcel Map (AT 00-068) TPM 2000-0003 5100 Cascabel Road .. ii o � • a , •, 4e , P Tqw '7� C iis •e 2 o •` s• aa • \ .? .y i t�f b ii R+t `4 ! L R � i •tF`� a ww" O t i €CQ� •��°i y b g� y b 3II c� x� E egs' 'tel T5, hb � b0 ITEM NUMBER: DATE: 3-16-04 ATTACHMENT 3: Notice of Determination TPM 2000-0003 (AT 00-068) 5100 Cascabel Road ATTACHMENT 4: Draft Resolution 2004-0034 ITEM NUMBER: 2 DATE: 3-16-04 TPM 2000-0003 (AT 00-068) 5100 Cascabel Road DRAFT RESOLUTION NO. PC 2004-0034 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A TENTATIVE PARCEL MAP TO DIVIDE RESIDENTIAL PROPERTY AT 5100 CASCABEL ROAD INTO 2 LOTS (TPM #2000-0003 (AT 00-068); APN 054-092-015 Safarjan / Volbrecht Surveys) WHEREAS, Bill Safarjan, 5100 Cascabel Road (Owner/Applicant) applied for a Tentative Parcel Map to divide one parcel with a total of 6.02 acres into two parcels 3.44, and 2.58 acres each; and WHEREAS, the proposed project has a General Plan Designation of SE (Suburban Estate) and is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and WHEREAS, the site is located in the RS (Residential Suburban) zoning district which allows for the proposed use and density when certain findings are made and sets the minimum parcel size to be 2.572 acres based on performance standards; and WHEREAS; the Planning Commission held a duly noticed public hearing to consider the proposed Tentative Parcel Map application on March 16, 2004, at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public; NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Environmental Review. The Planning Commission finds that the project is consistent with the previously certified Mitigated Negative Declaration prepared for this project in June of 2000 and filed with the County Recorder's Office on June 30, 2000. 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. ITEM NUMBER: 2 DATE: 3-16-04 4. The site is physically suitable for the density of development proposed. 5. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. The proposed subdivision design and type of improvements proposed will not cause serious public health problems. 8. The construction of the public improvements prior to the recording of the parcel map is necessary for the orderly development of the neighborhood. SECTION 3. Approval. The Planning Commission does hereby approve the Reconsideration of Tentative Parcel Map 2000-0003 for the division of one parcel with a total of 6.2 acres into one parcel of 3.44 acres and one parcel with 2.58 acres, as shown on Exhibit A, subject to the conditions shown in Exhibit C. On motion by Commissioner and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Commissioners NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Bob Kelley, Chairperson ATTEST: Warren Frace ITEM NUMBER: DATE: 3-16-04 Planning Commission Secretary Exhibit A: TPM 2o-oo(AT o-68) 510 c s a e Road A" ¥ 8 � ■ �f � i A§ � ITEM NUMBER 2 DATE $160 Exhibit B: Tentative Map with Easements TPM 2000-0003 (AT 00-068) 5100 Cascabel Road ITEM NUMBER: 2 DATE: 3-16-04 ITEM NUMBER: DATE: 3-16-04 Exhibit C: Conditions of Approval TPM 2000-0003 (AT 00-068) 5100 Cascabel Road TIMING RESPONSIBILITY Conditions of Approval/Mitigation Monitoring Program /MONITORING PM: Parcel Map Reconsideration of TPM 2000-0003 (AT 00-068) GP: Grading Prmt PS: Planning Dept 5100 Cascabel Road BP: Building Prmt BS: Building Dept TO: Temp FD: Fire Depart Occupy PD: Police Depart FO: Final Occupy CE: City Engineer PI: Public Imps WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Planning Services — Standard Conditions 1. The approval of this application shall become final, subject to PM PS the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9- 1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Parcel Map shall be valid for two years PM PS after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the PM PS authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Parcel Map. 4. A parcel map drawn in substantial conformance with the PM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 5. The subdivider shall defend, indemnify, and hold harmless the PM PS City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the subdivision. 6. The parcel map shall be subject to additional fees for park or BP BS/PS recreation purposes (QUIMBY Act) as required by City Ordinance. ITEM NUMBER: DATE: 3-16-04 TIMING RESPONSIBILITY Conditions of Approval/Mitigation Monitoring Program /MONITORING PM: Parcel Map Reconsideration of TPM 2000-0003 (AT 00-068) GP: Grading Prmt PS: Planning Dept 5100 Cascabel Road BP: Building Prmt BS: Building Dept TO: Temp FD: Fire Depart Occupy PD: Police Depart FO: Final Occupy CE: City Engineer PI: Public Imps WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Planning Project Specific Conditions 7. A fifty (50) foot open space easement along the property lines PM CE/PS adjacent to Graves Creek shall be established wherein no buildings or structures shall be located. This easement shall be reduced to fifteen (15) feet where the fifty -foot easement would conflict with the existing residence. This easement shall be shown on the final map, and building restrictions applicable therein shall be noted on an additional map sheet to record concurrently with the final map. 8. Prior to issuance of building permits, the applicant shall stake GP/BP BS/PS the construction area for inspection by a certified arborist to insure all construction acti\ities take place outside the drip lines of native trees. If construction activities will encroach into drip lines, the applicant shall have a full tree protection plan prepared for review and approval by the Community Development Department. All future development is to be designed so that native tree removal is unnecessary. 9. All utilities shall be placed underground in the area of the flag PI/GP/BP CE/BS/PS area of Parcel 1 and the 40 -foot access/utility easement for Parcel 2 in order to reduce trenching and potential impacts to native vegetation. 10. In accordance with the City's Subdivision Ordinance, the flag PM PS/CE portion of Lot 1 shall be a minimum 24 feet in width and shall be improved with 16 feet of paving. In addition, the flag shall utilize a Standard City Driveway approach as determined by the City Engineer. 11. A reflectorized house numbering master sign shall be located at PM/PI PS/CE the intersection of the street and access way, and individual reflectorized signs shall be placed on the right hand side of the individual driveways serving each of the proposed lots. ITEM NUMBER: DATE: 3-16-04 TIMING RESPONSIBILITY Conditions of Approval/Mitigation Monitoring Program /MONITORING PM: Parcel Map Reconsideration of TPM 2000-0003 (AT 00-068) GP: Grading Prmt PS: Planning Dept 5100 Cascabel Road BP: Building Prmt BS: Building Dept TO: Temp FD: Fire Depart Occupy PD: Police Depart FO: Final Occupy CE: City Engineer PI: Public Imps WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Engineering Standard Conditions 12. The applicant shall address storm water detention prior to BP/GP/PI CE grading and drainage approval. 13. A Subdivision Improvement Agreement shall record concurrently PM CE with the Final Map. 14. The applicant shall enter into an Inspection/Plan check PM CE agreement with the City. 15. The applicant shall be responsible for the relocation and/or PI/BP CE alteration of existing utilities. 16. The applicant shall install all new utilities (water, gas, electric, PI/GP/BP CE/PS cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 17. The applicant shall monument all property corners for PM CE construction control and shall promptly replace them if disturbed. 18. A preliminary subdivision guarantee shall be submitted for review PM CE in conjunction with the processing of the parcel map. 19. All existing and proposed utility, pipeline, open space, or other PM CEPS 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 an additional map sheet to record concurrently with the parcel map. 20. Prior to recording the parcel map the applicant shall pay all PM CE outstanding plan check/inspection fees. 21. Prior to recording the parcel map, the applicant's surveyor shall PM CE 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 b ITEM NUMBER: DATE: 3-16-04 TIMING RESPONSIBILITY Conditions of Approval/Mitigation Monitoring Program /MONITORING PM: Parcel Map Reconsideration of TPM 2000-0003 (AT 00-068) GP: Grading Prmt PS: Planning Dept 5100 Cascabel Road BP: Building Prmt BS: Building Dept TO: Temp FD: Fire Depart Occupy PD: Police Depart FO: Final Occupy CE: City Engineer PI: Public Imps WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company a date specific and that they will be sufficient to enable the survey to be retraced. 22. Prior to recording the parcel map, the applicant shall submit a PM CE/PS 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. 23. Prior to recording the parcel map the applicant shall have the PM CE 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, which indicates a review of the map. The letter shall identify any new easements, which 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. 24. Prior to the final inspection, the applicant shall submit a written PM CE statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC) prior to the final inspection. 25. All public improvements shall be constructed in conformance PM/PI CE with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 26. Prior to recording the parcel map, the applicant shall submit a PM CE/PS map drawn in substantial conformance 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. 27. Prior to recording the parcel map, the applicant shall acquire PM/PI CE title or interest in any off site land that may be required to allow the construction of the improvements required by these conditions of approval. The applicant shall bear all costs ITEM NUMBER: DATE: 3-16-04 TIMING RESPONSIBILITY Conditions of Approval/Mitigation Monitoring Program /MONITORING PM: Parcel Map Reconsideration of TPM 2000-0003 (AT 00-068) GP: Grading Prmt PS: Planning Dept 5100 Cascabel Road BP: Building Prmt BS: Building Dept TO: Temp FD: Fire Depart Occupy PD: Police Depart FO: Final Occupy CE: City Engineer PI: Public Imps WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress or egress is affected by these improvements. 28. Prior to issuance of building permits, the applicant shall submit BP/GP/PI CE/PS/BS a grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. 29. Upon recording the final map, the applicant shall provide the City PM CE with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 30. Prior to the final inspection, the applicant shall submit a written PM CE certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. Engineering Project Specific Conditions 31. A six-foot Public Utility Easement (PUE) shall be provided PM CE contiguous to the Cascabel Road property frontage. 32. Access to Parcel 1 shall be through the flag portion of the PM CE parcel. 33. Access to Parcel 2 shall be across the 40- foot access PM CE easement on the flag portion of Lot 1. Access rights shall be relinquished along the entire Cascabel Road frontage of Parcel 2 and shall be delineated on the parcel map. 34. Prior to recording the final map, the applicant shall design the PI/PM CE/PS following street improvements. Plans for the street improvements shall be submitted for review and approval by the City Engineer. Plans shall be prepared by a registered civil engineer and shall be prepared in conformance with City Standards. R -value testing shall be done, and the pavement section designed by a registered civil engineer to the satisfaction of the City engineer: a. The westerly half of Cascabel Road shall be improved in ITEM NUMBER: DATE: 3-16-04 TIMING RESPONSIBILITY Conditions of Approval/Mitigation Monitoring Program /MONITORING PM: Parcel Map Reconsideration of TPM 2000-0003 (AT 00-068) GP: Grading Prmt PS: Planning Dept 5100 Cascabel Road BP: Building Prmt BS: Building Dept TO: Temp FD: Fire Depart Occupy PD: Police Depart FO: Final Occupy CE: City Engineer PI: Public Imps WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company conformance with City Standard 401 (Rural Local) along the entire property frontage, or as approved by the City Engineer. b. A 20' offer of dedication shall be provided along the westerly right of way of Cascabel Road contiguous to the entire property frontage. c. The existing street adjacent to the property frontage shall be overlaid to remedy deteriorated paving surface as directed by the City Engineer. Transitions shall be constructed between the proposed improvements and the existing improvements as directed by the City Engineer. Building/Fire Marshal: 35. All future development shall be consistent with City of PI/GP/BP FD/CE/PS/BS Atascadero Fire Department requirements. Atascadero Mutual Water Company 36. Prior to recordation of the Final Map, the applicant shall submit PM AMWC 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. 37. Prior to the recordation of the Final Map, the applicant shall PM AMWC obtain a "Will Serve" letter from the Atascadero Mutual Water Company. 38. Prior to the issuance of building permits, the applicant shall pay GP/BP/PI AMWC all installation and connection fees required by the Atascadero Mutual Water Company. 39. All water distribution facilities shall be constructed in PI/PM AMWC conformance with Atascadero Mutual Water Company standards, policies and approved procedures. All cross - connection devices shall be constructed in conformance with ITEM NUMBER: DATE: 3-16-04 TIMING RESPONSIBILITY Conditions of Approval/Mitigation Monitoring Program /MONITORING PM: Parcel Map Reconsideration of TPM 2000-0003 (AT 00-068) GP: Grading Prmt PS: Planning Dept 5100 Cascabel Road BP: Building Prmt BS: Building Dept TO: Temp FD: Fire Depart Occupy PD: Police Depart FO: Final Occupy CE: City Engineer PI: Public Imps WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company AWWA and Department of Health Services standards. 40. Each newly created parcel will require separate water meters. BP AMWC ITEM NUMBER: 3 DATE: 3-16-04 4'.� Atascadero Planning Commission Staff Report — Community Development Department Single Family Planned Development Zone Change 2003-0065, Master Plan of Development (CUP 2003-0113), Vesting Tentative Tract Map 2003-0038 (Rosario, Olmeda Ave/Madruga) SUBJECT: The proposed project consists of an application for a Zone Change, Conditional Use Permit (CUP) and Tentative Tract Map. The Zone Change would establish a Planned Development #7 overlay on the site subject to a master plan of development (CUP) that would allow four (4) new single-family residences to be constructed, and one existing residence to remain, on five individual parcels. The project is subject to architectural, landscape, and site design standards. RECOMMENDATION: Staff Recommends: 1. Adopt Resolution No. PC 2004-0030 recommending that the City Council certify Proposed Mitigated Negative Declaration 2004-0006; and, 2. Adopt Resolution No. PC 2004-0031 recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2003-0065 based on findings; and, 3. Adopt Resolution No. PC 2004-0032 recommending that the City Council approve the Master Plan of Development (CUP 2003-0113) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Adopt Resolution No. PC 2004-0033 recommending the City Council approve Vesting Tentative Tract Map 2003-0038 based on findings and subject to Conditions of Approval and Mitigation Monitoring. ITEM NUMBER: 3 DATE: 3-16-04 SITUATION AND FACTS: 1. Applicant / Representative: Rodney Madruga 5495 Olmeda Ave, Atascadero, CA 93422 2. Project Address 3. General Plan Designation 4. Zoning District: 5. Site Area: 6. Existing Use: 7. Environmental Status DISCUSSION: Summary 5680 Rosario Ave/5495 Olmeda Ave, Atascadero, CA 93422 (APN 029-292-044, 017) General Plan Designation: Medium -Density Residential (10 units/acre) RMF -10 (Residential Multiple Family) 0.65 acre gross Vacant/Single-family Residence Proposed Mitigated Negative Declaration 2004-0006 The proposed project consists of four new single-family homes and one existing home located on individual lots that will be developed under the requirements of the PD -7 overlay district within the RMF -10 (Residential Multi -Family) zoning district. The new homes will range between 1,100-1,230 square feet in living area. Each new home will also include a 420 square foot attached garage and at least one uncovered guest parking space. Each unit is consistent with the PD -7 requirements as described in the summary table below. A Master Plan of Development will include all site development and architectural design standards for the project. The Master Plan of Development will be approved in the form of a Conditional Use Permit as required by the Zoning Ordinance. Any future amendments to the Master Plan of Development can be made by the Planning Commission in the future, independent of Council action. ITEM NUMBER: 3 DATE: 3-16-04 Project Summary Table Background Surrounding Land Use and Setting: Projects Site: Olmeda/Rosario Ave 1� North: Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot Area 4354 sf 3999 sf 3675 sf 3563 sf 12349 sf Building Footprint 1121 sf 947 sf 947 sf 1014 sf 2782 sf (not to exceed 35%) 25% 24% 26% 28% 23% Landscaped Area 2133 sf 1669 sf 1537 sf 1855 sf 6400 sf (minimum 40%) 49% 42% 42% 52% 52% Covered Parking 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces Guest Parking 2 spaces 2 spaces 2 spaces 1 spaces 2 spaces Lower Living Area 528 455 455 528 2382 Upper Living Area 709 644 644 709 0 Background Surrounding Land Use and Setting: Projects Site: Olmeda/Rosario Ave 1� North: Multi -family Residential South: Multi -family Residential East: Multi -family Residential West: Multi -family Residential The General Plan and Zoning Ordinance identifies the project site and surrounding properties as Medium -Density Residential with a maximum density of 10 dwelling units per acre. The properties directly adjacent to the project site are currently developed with single-family residences. Multiple properties within the greater surrounding neighborhood are developed with multi -family dwellings. The property to the north of the proposed project contains a historic Colony home. The project site's multi -family residential zoning and use is consistent with the General Plan. The General Plan and zoning incorporates factors such as slope, native trees, circulation, building coverage and landscape development standards that could reduce the density accordingly. The zoning ordinance allows the establishment of a Planned Development Overlay No. 7 (PD -7) in the multi -family zone which requires a minimum of four single-family units, consistent with the PD -7 site development standards and appearance review, as analyzed within this report. ITEM NUMBER: 3 DATE: 3-16-04 Analysis Architecture, Materials, Color The applicant has worked with staff in designing the homes with architectural features, upgraded building materials, compatible colors, and landscape design consistent with the requirements of the PD -7 development standards. In addition, staff has added conditions of approval consistent with General Plan & Zoning requirements and agreed upon by the applicant, as identified below. The project has been designed with two story single-family residences that incorporate quality building materials and architectural treatments to blend with the existing neighborhood along Olmeda and Rosario Ave. A combination of 2 different floor plans have been proposed for the project site creating a variety of homes. Setbacks from the shared driveway are a minimum of 15 -feet from the edge of the pavement. The existing residence is setback a minimum of 25 feet from both the Olmeda and Rosario Avenue frontages. All garages are recessed 5 -feet from the front porch. A variety of architectural features will be incorporated into the project, including: wrap-around porches on the corner units, decorative window treatments, and a masonry veneer base. All trash storage, recycle storage, and air conditioning units will be screened from view behind fenced or landscaped enclosures. Conditions have been included that will require the garage doors be architectural grade and be painted to match the selected body color (Condition PD 6). All front yards and street facing side yards shall be landscaped by the developer (Condition PD 10). Back yards will be landscaped by the individual property owners. All landscape maintenance will be the responsibility of the individual property owner. Lot 1 Front Elevation — San Jacinto Ave Fron 5 FRGK ELEVATION Lots 2 Front Elevation ITEM NUMBER: 3 DATE: 3-16-04 %Ao I &ATQN lam L - 2 LE- c L RIGHT ELEVATION REAR ELEVATION: �'E A=1 ��a° — ®E�3 FRONT ELEVATION LEFT ELEVATION Lot 3 Front Elevation RIGHT ELEVATION ITEM NUMBER: 3 DATE: 3-16-04 Lot 4 Front Elevation — San Jacinto Frontage FRONT ELEVATION PLAN G' LOT h ice' E1,EYaTICW D%IOc !s=y�T� �o s l:f - - - _ �T E:Fvsra� . REAR ELEVATION 1ndYNh RIGHT ELEVATION ITEM NUMBER: 3 DATE: 3-16-04 Lot 4 Front Elevation — San Jacinto Frontage FRONT ELEVATION PLAN G' LOT h ice' E1,EYaTICW D%IOc !s=y�T� �o s l:f - - - _ �T E:Fvsra� . ITEM NUMBER: 3 DATE: 3-16-04 The applicant has included sample elevations illustrating color and material schemes. As the colors and materials are conceptual, a condition has been included that staff review and approve final selections for design quality and neighborhood compatibility (Condition PD 6). Refer to Exhibit K for details. Landscape Design The preliminary landscape plan has been designed for compatibility with the surrounding neighborhood and visual appearance from Rosario Avenue. Shade trees have been located along the Rosario frontage and along the shared driveway. The landscape plan includes the retention of a prominent oak tree cluster that straddles the project site and the historic home property to the north and a large live oak located along the Olmeda frontage in front of the existing home. Historic Compatibility The property adjacent to the project site contains an original Atascadero colony home. Staff has conditioned that a landscape buffer be included between the proposed project driveway and the existing Colony home property to retain the existing context of the historic home (Condition PD 7). Additionally, the proposed shared driveway extension to the western property line of lot 2 shall incorporate a decorative paving treatment of design and color to compliment the adjacent Colony house and the proposed homes (Mitigation Measure 5.a.1). Site Plan, Circulation, Parking The site plan meets the requirements of the Atascadero Municipal Code and the General Plan. The project will include street frontage improvements along Rosario Avenue. The proposed driveway is designed to be sixteen -foot wide paved width with 20 -foot clear space provided with use of low-lying groundcover along the east side for emergency vehicle access (Condition PD 19/TTM 12). Each lot contains a minimum two covered parking spaces and one uncovered guest space, which is consistent with the PD -7 requirements. Site Drainage On-site storm water detention is accommodated along the Rosario Ave frontage. Maintenance of the drainage basin will be included in the CC&R's for the project. The basin shall be landscaped by the developer and shall include low-lying ground cover (Condition PD 10). Wastewater Sanitary sewer will be connected to the existing Rosario Avenue sewer line. ITEM NUMBER: 3 DATE: 3-16-04 Project Benefits PD Location Tier 1 Benefits Tier 2 Benefits Inside of Urban Core a) Affordable / Workforce Housing a) Pocket Parks in larger projects PD -7 b) High Quality Architectural b) Trails / Walkways for Pedestrian PD -17 Design Connectivity Custom PD's c) High Quality Landscape Design c) Historic Preservation (see d) Buffering between Urban and discussion below) Suburban zones (large lot sizes, increased setbacks, landscape buffers, etc.) e) Higher density to meet Housing Element goals Outside of Urban Core a) Natural Open Space Preservation a) Multi -Purpose Trails —Equestrian/ Rural / Suburban Areas Bicycle / Pedestrian PD -16 b) Recreational Areas / Facilities Custom PD's c) Historic Preservation One of the required findings for approval of a planned development rezone is that the project must "offer certain redeeming features to compensate for the requested modification." Due to the site's limited area and relatively small subdivision, common recreational facilities may not be practical. However, the project will have a number of "redeeming features" which include the following: 1) incorporation of high quality materials and porch elements on corner units; 2) each unit will have a private yard area that will allow for outdoor recreational opportunities, 3) provision of a variety of home designs, 4) architectural and landscape features of the project have been designed to enhance the project's appearance and benefit the surrounding neighborhood; 5) incorporation of special paving treatment for the shared driveway and landscape buffering between the project site and the existing Colony home, and 6) the project will provide inclusionary in lieu fees for affordable housing consistent with the interim Council Policy. Affordable and Workforce Housing The City Council has implemented an interim inclusionary affordable housing program bo include a fixed percentage of units within residential developments that require a legislative approval to be reserved as deed restricted affordable units or an in -lieu fee to be collected. This interim program allows the project applicant a choice of either setting aside one housing unit at the moderate rate for a period of 30 years, or paying an in -lieu fee based on 5.00% of the construction valuation of each of the market rate units. A condition of approval has been added to this effect (Condition PD 14/TTM 8). ITEM NUMBER: 3 DATE: 3-16-04 The project is also conditioned to offer for sale housing units to residents or workers within the City of Atascadero exclusively during the first 60 days of the initial home sale. (Condition PD 16) Tentative Tract Map A five -lot tract map is proposed as part of the project consistent with the Master Plan of Development. The tract map has been conditioned by staff and the City Engineer to meet all City standards including street frontage improvements. The applicant will be required to record CC&R's for the map that will include maintenance and access of common areas (Condition PD 50/TTM 17). Master Plan of Development (Conditional Use Permit) A Master Plan of Development is required for the PD -7, to be approved through the Conditional Use Permit process. The Planning Commission must make the following five findings to approve a Conditional Use Permit: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The use is consistent with the Multi -Family Residential designation of the Plan and General Plan Land Use Element Policy 1.1, Housing Element Policy 1.2, Housing Element Policy 2.2, and Housing Element Policy 4.3. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD -7 Ordinance. Staff Comment: As conditioned and based on findings, the project satisfies all PD -7 zoning code provisions. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment: The proposed residential project will not be detrimental to the general public or working persons health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. ITEM NUMBER: 3 DATE: 3-16-04 Staff Comment: The project has been designed to be consistent with the existing neighborhood character. Conditions have been included to require appropriate landscape buffering and pavered driveway providing sensitivity to the adjacent historic colony home and context of the site. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: The proposed project and use is consistent with the traffic projections and road improvements anticipated within the General Plan. The proposed project density (10 units/acre) equates to a maximum of 4 additional units on the project site. Based on staff's analysis in the preceding sections, it appears that all of the required findings for approval of a Master Plan of Development (Conditional Use Permit) can be made. General Plan Consistency The proposed project is consistent with the following General Plan Land Use Element Policies: Land Use Policy 1.1: 'Preserve the rural atmosphere of the community and assure "elbow room" in areas designed for lower density development by guiding new development into the Urban Core to conform to the historic Colony land use patterns of the City and to respect the natural environment, hillside area and existing neighborhoods". Housing Element Policy 1.2: "Encourage a variety of high quality developments with detached units on individual lots or airspace condominiums on commonly ovined lots." Housing Element Policy 2.2: "Promote and encourage availability of new housing units to first time homebuyers." Housing Element Policy 4.3: "Encourage attractive architecture and site landscaping that respect terrain and native trees". Implementing General Plan programs requires appearance review of architectural design, materials, street trees, and landscaping to maintain Atascadero's rural atmosphere, protect the environment, and incorporate architectural themes into site ITEM NUMBER: 3 DATE: 3-16-04 and building design. As analyzed above, the proposed project as conditioned is consistent with the General Plan. In staff's opinion the project is consistent with the goals and policies of the Land Use Element and the Housing Element, including compliance with Council Policy regarding affordable housing provisions. The project will provide five small -lot, single-family dwellings that fulfill an important housing need within the community and follow the General Plan's policies relating to the implementation of smart growth principles. As conditioned, the project incorporates architectural and landscape elements that are consistent with the scale and character of the surrounding neighborhood and the General Plan's appearance review requirement. The project provides a high quality infill development within the City's urban core area. The proposed residential use is consistent with the surrounding neighborhood use and character. Proposed Environmental Determination Staff has prepared a Draft Mitigated Negative Declaration, circulated to public agencies and interested members of the public on February 26, 2004. The environmental analysis identified concerns regarding potential impacts to aesthetics, air quality, cultural resources, geology & soils, hydrology & water quality, land use and planning, noise, and utility systems. Mitigation measures pertaining to these resources are included. A finding is proposed that this project would not have a significant effect on the environment based upon the implementation of the identified mitigation measures. Staff is recommending the Commission recommend that the City Council certify Proposed Mitigated Negative Declaration 2004-0006. CONCLUSION: The proposed project is consistent with the General Plan and Atascadero Municipal Code, as analyzed within this staff report. The applicant has proposed design modifications and agrees with all mitigation measures and conditions of approval. 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 ITEM NUMBER: 3 DATE: 3-16-04 develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The parcel would retain its designation of Residential Multi -Family. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2 Draft Resolution of Approval Proposed Mitigated Negative Declaration Attachment 3: Draft Resolution of Approval Proposed Zoning Map Change Attachment 4: Draft Resolution of Approval Proposed Master Plan of Development Attachment 5: Draft Resolution of Approval Proposed Vesting Tentative Parcel Map Attachment 1: Location Map, General Plan and Zoning RSF-Y RMF -10 Projects Site: Olmeda/Rosario Ave. Existing Designations: General Plan: MDR Zoning District: RMF -10 Proposed Designations: General Plan: MDR Zoning District: RMF-10/PD-7 L --N RMF -16 ITEM NUMBER: 3 DATE: 3-16-04 ITEM NUMBER: DATE: 3-16-04 ATTACHMENT 2: Draft Resolution PC 2004-0030 PD -7 Master Plan of Development (CUP 2003-0113)/ZCH2O03-0065VTTM 2003-0038 Approval of Draft Mitigated Negative Declaration DRAFT RESOLUTION PC 2004-0030 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL CERTIFY PROPOSED MITIGATED NEGATIVE DECLARATION 2004-0006 PREPARED FOR ZONE CHANGE 2003- 0065, CONDITIONAL USE PERMIT 2003-0113 AND TENTATIVE TRACT MAP 2003-0038 APN 029-292-044 (5680 Rosario, 5495 Olmeda/Madruga) WHEREAS, an application has been received from Rodney Madruga (5495 Olmeda Ave, Atascadero, CA 93422), Applicant, to consider a project consisting of a zone change from RMF -10 (Residential MultrFamily) to RMF -10 / PD -7 (Residential Mul&Family with Planned Development Overlay #7) with the adoption of a Master Plan of Development, and a five lot residential Tentative Parcel Map on APN 029-292-044, 017 and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2004- 0006 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 March 16, 2004 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero, hereby resolves to recommend that the City Council certify Proposed Mitigated Negative Declaration 2004-0006 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, 3. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project. Planning Commission Resolution 2004-0030 March 16, 2004 Page 2 of 3 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. EXHIBIT A: Proposed Mitigated Negative Declaration 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 Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Planning Commission Resolution 2004-0030 March 16, 2004 Page 3 of 3 Exhibit A: Proposed Mitigated Negative Declaration 2004-0006 ITEM NUMBER: DATE: 3-16-04 ATTACHMENT 3: Draft Resolution PC 2004-0031 PD -7 Master Plan of Development (CUP 2000-0113)/ZCH2O03-0065 Approval of Proposed Zoning Map Change DRAFT RESOLUTION PC 2004-0031 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2003-0065, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 029-292-044 FROM RMF -10 TO RMF -10 / PD -7 (5680 Rosario, 5495 Olmeda Ave/Madruga) WHEREAS, an application has been received from Rodney Madruga (5495 Olmeda Ave, Atascadero, CA 93422), Applicant, to consider a project consisting of a zone change from RMF -10 (Residential Mult�Family) to RMF -10 / PD -7 (Residential Mult�Family with Planned Development Overlay #7) with the adoption of a Master Plan of Development, and a five lot residential Tentative Parcel Map on APN 029-292-044, 017 and, WHEREAS, the site's General Plan Designation is MDR (Medium Density Residential); and, WHEREAS, the site's current zoning district is RMF -10 (Residential Multiple - Family); 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 March 16, 2004, studied and considered Zone Change 2003-0065, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE, the Planning Commission takes the following actions: Planning Commission Resolution 2004-0031 March 16, 2004 Page 2 of 4 SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of Atascadero Creating a PD -7 Planned Development Overlay District. The Planning Commission finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 4. Proposed plans offer certain redeeming features to compensate for the requested modification. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on March 16, 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 Planning Commission Resolution 2004-0031 March 16, 2004 Page 3 of 4 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: ADOPTED: CITY OF ATASCADERO, CA Bob Kelley Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Planning Commission Resolution 2004-0031 March 16, 2004 Page 4 of 4 Exhibit A: Zone Change Map 2003-0065 RSF-Y RMF -10 Existing Designations: General Plan: MDR Zoning District: RMF -10 Proposed Designations: General Plan: MDR Zoning District: RMF-10/PD-7 Projects Site: Olmeda/Rosario Ave. 1 r� MF -16 ITEM NUMBER: DATE: 3-16-04 ATTACHMENT 4: Draft Resolution PC 2004-0032 PD -7 Master Plan of Development (CUP 2003-0113)/ZCH2O03-0065 Approval of Proposed Master Plan of Development DRAFT RESOLUTION PC 2004-0032 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE A MASTER PLAN OF DEVELOPMENT (CONDITIONAL USE PERMIT 2003-0113) FOR A PD -7 OVERLAY ZONE OF APN 029-292-044 (5680 Rosario, 5495 Olmeda Ave/Madruga) WHEREAS, an application has been received from Rodney Madruga (5495 Olmeda Ave, Atascadero, CA 93422), Applicant, to consider a project consisting of a zone change from RMF -10 (Residential MultrFamily) to RMF -10 / PD -7 (Residential MultrFamily with Planned Development Overlay #7) with the adoption of a Master Plan of Development, and a five lot residential Tentative Parcel Map on APN 029-292-044, 017 and, WHEREAS, the site's General Plan Designation is MDR (Medium -Density Residential); and, WHEREAS, the site's current zoning district is RMF -10 (Residential Multiple - Family); and, WHEREAS, the Planning Commission has recommended that a site be rezoned to include a PD -7 overlay district which requires the adoption of a Master Plan of Development; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on March 16, 2004, studied and considered the Master Plan of Development (CUP 2003-0113), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and Planning Commission Resolution 2004-0032 March 16, 2004 Page 2 of 34 NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of Master Plan of Development. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD -7 Ordinance; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 6. The front yard setback is approved at 10 feet from the edge of pavement for the existing residence per Exhibit B to accommodate existing site conditions and configurations. SECTION 3. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on March 16, 2004, resolved to recommend that the City Council approval of the Master Plan of Development (CUP 2003- 0113) subject to the following: EXHIBIT A: Conditions of Approval/Mitigation Monitoring Program EXHIBIT B: Site plan EXHIBIT C: Landscape Plan EXHIBIT D: Fencing Design EXHIBIT E: Statistical Summary EXHIBIT F: Grading and Drainage Plan EXHIBIT G: Lot 1: Elevations EXHIBIT H: Lot 2: Elevations EXHIBIT I: Lot 3: Elevations EXHIBIT J: Lot 4: Elevations EXHIBIT K: Exterior Color & Material Sample Board EXHIBIT L: Arborist Report Planning Commission Resolution 2004-0032 March 16, 2004 Page 3 of 34 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: ADOPTED: CITY OF ATASCADERO, CA Bob Kelley Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Planning Commission Resolution 2004-0032 March 16, 2004 Page 4 of 34 EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program PD -7 Master Plan of Development (CUP 2003-0113)/ZCH 2003-0065 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5680 Rosario Ave/5495 Olmeda Ave BL: Business License GP: Grading Permit Services BS: Building PD -7 Master Plan of Development BP: Building Permit Services CUP 2003-0113/ZCH 2003-0065 FI: Final Inspection FD: Fire Department PD: Police TO: Temporary Occupancy Department FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. The approval of this zone change and use permit shall PS become final and effective following City Council approval. 2. Approval of this Master Plan of Development shall be valid FM PS concurrently with the life of Tentative Tract Map 2003- 0038 and then indefinitely following final map. The Master Plan of Development approval shall expire and become null and void unless a final map is recorded consistent with the Master Plan of Development. 3. Changes to the Master Plan of Development shall be On-going PS approved by the Planning Commission and do not require Council action. 4. The Community Development Department shall have the BP / FM PS authority to approve the following minor changes to the project the (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps. 5. All subsequent Tentative Tract Map and construction BP / FM PS permits shall be consistent with the Master Plan of Development contained herein. 6. All exterior elevations, finish materials and colors shall be BP PS consistent with the Master Plan of Development as shown in Exhibit B, C, G, H, I, J and F with the following modifications, subject to staff approval: ■ Staff shall review and approve final color selections for neighborhood compatibility and consistency with the approved Master Plan of Development. ■ Garage doors shall of architectural grade and shall be painted to match the body color of each unit. Half circle elements shall be replaced with solid or square window panels subject to staff review. Planning Commission Resolution 2004-0032 March 16, 2004 Page 5 of 34 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5680 Rosario Ave/5495 Olmeda Ave BL: Business License Services BS: Building PD -7 Master Plan of Development GP: Grading Permit BP: Building Permit Services CUP 2003-0113/ZCH 2003-0065 FI: Final Inspection TO: Temporary FD: Fire Department PD: Police Occupancy Department FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney ■ Windows shall be single or double hung vinyl and shall be complimentary in color to the color schemes shown in EXHIBIT K. ■ Roof material is to be of architectural grade. 7. The project shall include a landscaped buffer between the historic colony home and the project site. This buffer area shall include the following: ■ Porous pavers along the shared portion of the driveway ■ Retention of the oak tree cluster straddling the project site and the adjacent historic colony home property ■ Additional landscaping within the easement area 8. All site development shall be consistent with the maximum BP/FM PS intensities described in the statistical project summary as shown on EXHIBIT E. 9. All site work, grading and site improvements shall be BP/FM PS consistent with the Master Plan of Development as shown in EXHIBIT B, C and F. 10. A final landscape and irrigation plan shall be approved BP PS prior to the issuance of building permits and included as part of site improvement plan consistent with EXHIBIT C. All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. Trash/recycle container areas shall be screened with fencing or landscape. ■ All front yards and street facing side yards shall be landscaped by the developer. All landscape maintenance shall be the responsibility of the individual property owner. ■ Street trees shall be 24" -box trees with a minimum of two additional tree along Rosario Ave. ■ 15 -gallon shade trees shall be installed within the front yard areas of Lots 1, 2, and 3. ■ All required landscape trees shall be double staked upon installation. ■ The drainage basin shall include low-lying ground cover designed to preserve the effectiveness of the basin as engineered. Planning Commission Resolution 2004-0032 March 16, 2004 Page 6 of 34 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5680 Rosario Ave/5495 Olmeda Ave BL: Business License Services BS: Building PD -7 Master Plan of Development GP: Grading Permit BP: Building Permit Services CUP 2003-0113/ZCH 2003-0065 FI: Final Inspection TO: Temporary FD: Fire Department PD: Police Occupancy Department FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney 11. All project fencing shall be installed consistent with BP PS EXHIBIT C and D subject to the following modifications: a. Fencing along the Rosario and Olmeda frontages shall be a maximum of 3 feet in height. b. No fencing shall be placed within the required front yard setbacks as measured from Rosario Ave, Olmeda Ave, and/or the private driveway. c. The design of all fencing shall be compatible with the overall project design, subject to staff approval d. No fencing shall be located within the north landscape buffer area adjacent to the historic colony home. 12. The retaining wall along the Rosario frontage shall be constructed of concrete block with stacked stone veneer along the frontage side of the wall, subject to staff approval. The rear of the wall shall be stucco finished. All walls constructed along the Rosario and/or Olmeda frontage shall be consistent with the basin wall design. 13. A Tree Protection Plan shall be prepared for GP PS encroachment within the dripline of native trees located on BP the subject parcel and any adjacent properties. 14. Affordable Housing Requirement: The applicant shall FM, BP PS, CE either set aside one housing unit at the moderate category rate for a period of 30 years, or pay an in -lieu fee based on 5.00% of the construction valuation of each of the market rate units. 15. All exterior material finishes (stucco, materials, lighting, BP PS garage doors) shall be durable, high quality, and consistent with Exhibit H. 16. Workforce Housing FM PS, CE Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve '/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or Planning Commission Resolution 2004-0032 March 16, 2004 Page 7 of 34 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5680 Rosario Ave/5495 Olmeda Ave BL: Business License Services BS: Building PD -7 Master Plan of Development GP: Grading Permit BP: Building Permit Services CUP 2003-0113/ZCH 2003-0065 FI: Final Inspection TO: Temporary FD: Fire Department PD: Police Occupancy Department FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved; and ■ The City Attorney shall approve the final form of the agreement. 17. CC&R's shall include language, and a deed restriction shall be recorded on parcel one, which prohibits alteration of the drainage basin and/or historic property landscape buffer without written approval from the Community Development Director. Building Services 18. A soils investigation prepared by a licensed BP FM Geotechnical Engineer is to be provided for the project. The report is to be provided at the time of building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. Fire Marshal 19. A minimum 16' paved with 20' total clear width access FM PS, CE with a minimum head clearance of 13'-0" is to be provided to Lots 1, 2, and 3. Lot 4 shall provide a minimum of 12 -foot wide paved access for the portion of the driveway located on parcel 4. Twenty -foot clear width may be provided with use of turf block or low-lying shrubs along the west side for emergency vehicle access. 20. The location of all existing and proposed fire hydrants FM CE shall be shown on subsequent building permit applications. 21. A letter shall be provided from Atascadero Mutual Water FM CE Company stating the minimum expected water available to the site. Amount available must meet minimum requirement specified in the California Fire Code. 22. Address signage design shall be provided prior to FM CE issuance of any subsequent building permits. Planning Commission Resolution 2004-0032 March 16, 2004 Page 8 of 34 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5680 Rosario Ave/5495 Olmeda Ave BL: Business License Services BS: Building PD -7 Master Plan of Development GP: Grading Permit BP: Building Permit Services CUP 2003-0113/ZCH 2003-0065 FI: Final Inspection TO: Temporary FD: Fire Department PD: Police Occupancy Department FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney 23. Fire lanes shall be delineated to restrict parking as FM CE required by the Fire Authority. 24. Unit 4 shall be fire sprinklered, subject to the approval of the fire department. City Engineer Standard Conditions 25. All public improvements shall be constructed in BP CE conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 26. In the event that the applicant is allowed to bond for FM CE the public improvements required as a condition of the final map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 27. An engineer's estimate of probable cost shall be FM CE submitted for review and approval by the City Engineer to determine the amount of the bond. 28. The Subdivision Improvement Agreement shall FM CE record concurrently with the Final Map. 29. An encroachment permit shall be obtained prior to BP CE the issuance of building permit. 30. The applicant shall enter into a Plan BP CE Check/inspection agreement with the City. 31. A six (6) foot Public Utility Easement (PUE) shall be FM CE provided contiguous to the Rosario and Olmeda property frontage. 32. The applicant shall be responsible for the relocation BP CE and/or alteration of existing utilities. 33. The applicant shall install all new utilities (water, gas, BP CE electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 34. The applicant shall monument all property corners for BP CE construction control and shall promptly replace them if disturbed. 35. The applicant shall acquire title interest in any off-site BP CE land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The Planning Commission Resolution 2004-0032 March 16, 2004 Page 9 of 34 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5680 Rosario Ave/5495 Olmeda Ave BL: Business License Services BS: Building PD -7 Master Plan of Development GP: Grading Permit BP: Building Permit Services CUP 2003-0113/ZCH 2003-0065 FI: Final Inspection TO: Temporary FD: Fire Department PD: Police Occupancy Department FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 36. Slope easements shall be provided as needed to FM CE accommodate cut of fill slopes. 37. Drainage easements shall be provided as needed to FM CE accommodate both public and private drainage facilities. 38. A preliminary subdivision guarantee shall be FM CE submitted for review in conjunction with the processing of the map. 39. All existing and proposed utility, pipeline, open space, FM CE 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. 40. The final map shall be signed by the City Engineer FM CE prior to the map being placed on the agenda for City Council acceptance. 41. Prior to recording the final map, the applicant shall FM CE submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 42. Prior to recording the parcel map, the applicant shall FM CE 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. 43. Prior to recording the tract map, the applicant shall FM CE pay all outstanding plan check/inspection fees. 44. Prior to recording the map, the applicant shall FM CE complete all improvements required by these conditions of approval. 45. Prior to recording the tract map, the applicant shall FM CE have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, Planning Commission Resolution 2004-0032 March 16, 2004 Page 10 of 34 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5680 Rosario Ave/5495 Olmeda Ave BL: Business License GP: Grading Permit Services BS: Building PD -7 Master Plan of Development BP: Building Permit Services CUP 2003-0113/ZCH 2003-0065 FI: Final Inspection TO: Temporary FD: Fire Department PD: Police Occupancy Department FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney 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. 46. Upon recording the final map, the applicant shall FM CE provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 47. Prior to the final inspection of any public FI CE improvements, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 48. Prior to the final inspection, the applicant shall submit FI CE a written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 49. Prior to the issuance of building permits the applicant BP CE shall submit a grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. 50. A homeowners association, or other funding and FM PW maintenance agreement shall be submitted for approval by the City Engineer and City Attorney prior to recording the final map. The agreement shall cover scheduled maintenance of the pervious pavers, and maintenance of the drainage facilities. City Engineer Project Conditions 51. All frontage improvements shall be constructed on CE Rosario Frontage. Improvements shall include widening Rosario and constructing curb, gutter and sidewalk. Sidewalk shall have a minimum of 48" of clearance for ADA compliance. 52. Existing retaining wall shall be removed from right -of- BP CE way. Appropriate permits shall be acquired by applicant prior to constructing wall. 53. Drainage inlet shall be installed at corner of Rosario BP CE and Olmeda, and connected to new improvements. 54. A single detention basin shall be provided on the BP CE property. The detention basin shall be sized to provide for a 50 -year storm with a �-year storm Planning Commission Resolution 2004-0032 March 16, 2004 Page 11 of 34 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5680 Rosario Ave/5495 Olmeda Ave BL: Business License Services BS: Building PD -7 Master Plan of Development GP: Grading Permit BP: Building Permit Services CUP 2003-0113/ZCH 2003-0065 FI: Final Inspection TO: Temporary FD: Fire Department PD: Police Occupancy Department FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney release. The outlet of the basin shall drain through a sidewalk underdrain. 55. A drainage easement for the detention basin shall be FM CE provided. Drainage shall cross property lines only within drainage easements. Provide drainage easements along all proposed drainage paths. Wastewater Department Standard Conditions 56. Applicant shall pay sewer Extension BP CE (Annexation ), Connection and Reimbursement fees (if applicable) upon issuance of building permit. 57. Wastewater piping serving fixtures which have BP CE flood level rims located below the elevation of the next upstream manhole cover of the public or private sewer serving such wastewater piping shall be protected from backflow of sewage by installing an approved type backwater valve Fixtures above such elevation shall not discharge through the backwater valve 58. All wastewater piping outside of right-of-way BP CE shall be private. Atascadero Mutual Water Company 59. Before recordation of the final map, the applicant BP BS shall submit plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All new water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross -connection devices shall conform to AWWA and California Department of Health Services standards. 60. Before the start of construction on the water system BP BS improvements, the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. Planning Commission Resolution 2004-0032 March 16, 2004 Page 12 of 34 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5680 Rosario Ave/5495 Olmeda Ave BL: Business License GP: Grading Permit Services BS: Building PD -7 Master Plan of Development BP: Building Permit Services CUP 2003-0113/ZCH 2003-0065 FI: Final Inspection TO: Temporary FD: Fire Department PD: Police Occupancy Department FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney 61. Before issuance of building permits, the applicant BP BS shall obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. 62. Private easements may be needed for the private BP BS water service lines that serve parcels created by parcel map which do not front on Rosario. Mitigation Measures BP PS 1.d.1 Mitigation Measure 1.d.1: If exterior lighting is proposed, it shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 20 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the private street. Fixtures shall be shield cut-off type and compatible with historic setting, subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to BP BS 3.16.1 comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment • Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non - taxed version suitable for use off-road). • Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. • Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. Planning Commission Resolution 2004-0032 March 16, 2004 Page 13 of 34 Conditions of Approval / Mitigation Monitoring Program 5680 Rosario Ave/5495 Olmeda Ave PD -7 Master Plan of Development CUP 2003-0113/ZCH 2003-0065 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure • Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non - potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are plann4ed to be reworked at dates greater than one month after initial grading should be sown with a fast -germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Planning Commission Resolution 2004-0032 March 16, 2004 Page 14 of 34 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5680 Rosario Ave/5495 Olmeda Ave BL: Business License Services BS: Building PD -7 Master Plan of Development GP: Grading Permit BP: Building Permit Services CUP 2003-0113/ZCH 2003-0065 FI: Final Inspection TO: Temporary FD: Fire Department PD: Police Occupancy Department FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 4.e.1 : The building permit site plan shall GP PS, BS, CE 4.e.1 identify all protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan. Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. Mitigation Measure 4.e.2: The Precise Grading Plan shall GP PS, CE 4.e.2 identify tree protection fencing around the dripline of each existing on-site tree and/or native shrub mass within 20 feet of construction activity. Mitigation Measure 4.e.3: Grading and excavation and GP, BP PS, BS 4.e.3 grading work shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within the area of work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 4.e.4: The developer shall contract with a BP PS, BS 4.e.4 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 a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b). Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the Planning Commission Resolution 2004-0032 March 16, 2004 Page 15 of 34 Conditions of Approval / Mitigation Monitoring Program 5680 Rosario Ave/5495 Olmeda Ave PD -7 Master Plan of Development CUP 2003-0113/ZCH 2003-0065 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure line of encroachment into the tree's root zone area. (c). As specified by the arborist report and City staff: ■ Fencing: Must be a minimum of 4' high, chain link, and snow or safety fence, staked at the drip -line or line of encroachment for each tree or group of trees. Tree fencing shall be erected before demolition, grading, or construction begins and remains in place until final inspection of the project permit, except for work specifically required in the approved plans in which case the project arborist or Planning Staff must be consulted. ■ Soil Aeration Methods: Soils under drip -lines that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include water jetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with a 24" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist shall advise. ■ Chip Mulch: All areas within the drip -line of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction. ■ Trenching within the Drip -line: All trenching under drip -lines of native trees shall be hand dug, augured or bored. All major roots shall be avoided whenever possible. All exposed roots larger than 1" in diameter shall be `clean cut with a sharp pruning tool and not left ragged. ■ Grading within drip -line: Grading should not encroach within the drip -line. If grading is necessary, construction of retaining walls or tree wells or other protection measures may be necessary to insure the survivability of the trees. Chip mulch 4.6" in depth may also be required in these areas. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. ■ Exposed Roots: Any exposed roots shall be recovered the same day they were exposed. ■ Paving within the Drip -line: Pervious surfacing is required within the dripline of any oak trees. ■ Compaction: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to Planning Commission Resolution 2004-0032 March 16, 2004 Page 16 of 34 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5680 Rosario Ave/5495 Olmeda Ave BL: Business License Services BS: Building PD -7 Master Plan of Development GP: Grading Permit BP: Building Permit Services CUP 2003-0113/ZCH 2003-0065 FI: Final Inspection TO: Temporary FD: Fire Department PD: Police Occupancy Department FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney soil com paction. ■ Existing Surfaces: The existing ground surface within the drip -line of all oak trees shall not be cut, filled, compacted or pared. ■ Construction materials and waste: No liquid or solid construction waste shall be dumped on the ground within the drip -line of any oak tree. ■ Arborist Monitoring: During construction an arborist shall be present when encroaching within the dripline of any Oak tree. (d). Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 5.a.1 : The project shall provide a pavered driveway entrance to extend to the existing paving on the adjacent parcel, consistent with the historic context of the neighborhood. Pavers shall be individually set and shall be bordered by a concrete mow strip. Mitigation Measure 5.a.2: Landscaping shall include shade trees in the front yards of the proposed units facing the historic colony home. A minimum of 2 trees (15 -gallon size min) shall be installed within this area. Mitigation Measure 6.b.1: The grading permit application GP BS 6.b.1 plans shall 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.c.d.1: A soils report shall be required to GP PS, BS, CE 6.c.d.1 be submitted with a future building permit by the building department. Mitigation Measure 8.e.f.1: Should the disturbed area total GP PS,CE 8.e.f.1 one acre or greater, a Stormwater Pollution Prevention Plan (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. Should the area of disturbance total less than one acre in area, the applicant shall include methods of erosion control and temporary site runoff control, subject to the approval of the City Engineer. Planning Commission Resolution 2004-0032 March 16, 2004 Page 17 of 34 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5680 Rosario Ave/5495 Olmeda Ave BL: Business License Services BS: Building PD -7 Master Plan of Development GP: Grading Permit BP: Building Permit Services CUP 2003-0113/ZCH 2003-0065 FI: Final Inspection TO: Temporary FD: Fire Department PD: Police Occupancy Department FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 8.e.f.2: The Building Permit application BP PS, CE 8.e.f.2 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.3: The developer is responsible for BP PS, BS 8.e.f.3 ensuring that 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 BP, GP PS, BS 11.d comply with the City of Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. Planning Commission Resolution 2004-0032 March 16, 2004 Page 18 of 34 YI! ���_=fir �� • y�r~ r'/�J�j ~ i�.I -•''��__ �.- ��`' E 1 1 1 1 I � I I 1 ( I I ' r 1 Planning Commission Resolution 2004-0032 March 16, 2004 Page 19 of 34 EXHIBIT C: Landscape Plan ` - - �! �' ! '111 I'I;' �' i .., :•:..�.::::: •:.., ��s h•oaJ�,�. i i I I .. , J' i 1• � I Hyl,•; U � �'!; �..,�...� ,•.�,,.V«... ldl�j�l Ili( i' I� i jjl w3tltlol `Y rrvv i M 03COJOW4 I Q Planning Commission Resolution 2004-0032 March 16, 2004 Page 20 of 34 EXHIBIT D: Fencing Design Planning Commission Resolution 2004-0032 March 16, 2004 Page 21 of 34 Proposed Project Summary Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot Area 4354 sf 3999 sf 3675 sf 3563 sf 12349 sf Building Footprint 1121 sf 947 sf 947 sf 1014 sf 2782 sf (not to exceed 35%) 25% 24% 26% 28% 23% Landscaped Area 2133 sf 1669 sf 1537 sf 1855 sf 6400 sf (minimum 40%) 49% 42% 42% 52% 52% Covered Parking 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces Guest Parking 2 spaces 2 spaces 1 2 spaces 1 1 spacesi 2 spaces Lower Living Area 528 455 455 528 2382 Upper Living Area 709 644 644 709 0 Planning Commission Resolution 2004-0032 March 16, 2004 Page 22 of 34 Planning Commission Resolution 2004-0032 March 16, 2004 Page 23 of 34 3 ���ilSiti�at Planning Commission Resolution 2004-0032 March 16, 2004 Page 24 of 34 EXHIBIT H: Lot 2: Elevations Planning Commission Resolution 2004-0032 March 16, 2004 Page 25 of 34 Planning Commission Resolution 2004-0032 March 16, 2004 Page 26 of 34 Planning Commission Resolution 2004-0032 March 16, 2004 Page 27 of 34 Lots 1 / Lots 2 ROSARIO AVENUE COLOR BOARD LOT 1 COMPOSITION ROOFING COUNTRY MANSION EXTERIOR SIDING WOODL AND MYSTERY TRIM SURREY BEIGE ROSARIO AVENUE COLOR BOARD LOT 2 COMPOSITION ROOFING COUNTRY ESTATES EXTERIOR SIDING NATURALLY CALM TRIM COUNTRY STORE Planning Commission Resolution 2004-0032 March 16, 2004 Page 28 of 34 Lots 3 / Lots 4 ROSARIO AVENUE COLOR BOARD LOT 3 COMPOSITION ROOFING T1MBERL INF EXTERIOR SIDING S'()WE TRIM RECE SFP 1 ROSARIO AVENUE COLOR BOARD LOT 4 COMPOSITION ROOFING SLATELINE EXTERIOR SIDINC=. FRENCH SILVER TRIM RE SEP SEAGLIFF corrurm Planning Commission Resolution 2004-0032 March 16, 2004 Page 29 of 34 Jaiit►ary 1. 211()4 Mr. Rodney Madruga CJ) Ronw—to and (Arrieda t WI NCitdero. VA 934122 122 Dear Mr. kladruua '111+, Pkttns dtatied by It ICC C ojisultistg inC. were uK-d it) identtllr the tr cs f(►t' this report. I have ;igned the 1,1wer right comer otthe p(aos to vvriiy rlkir us;L. 'I ho overall site has a small clump ol'livt: odic lr,:cs (khm•icirti ayriloticr) on the rx►rth e•1111tr;11nt�� �i:i� ��I'i111c prc�p;►sexl dr�el�►pnu:nl. No (tees are N, -int! rti;yuCted lbr removal on this project. These tress are shuwin= sympto►1111:x, of oak rvK,t fine. us (Armillaria. mellea ). due xi tl►i% fiuigus t recommend that the rttor•em4nt ol'all ar.),,rrd tl-se drip -line should Ix as minimal a possible and till work within this drip -lint; shail lx• nionitc red by an urk,rist daily while Soil movement is bc;ing condimed. I►11 addition to this trwnito,ring I revonitnend paver type finish that allows the juis:sag 1►i'aia• wtlRiin the r;x►t ii►nw- ol'thc proposed driveway arca bc uwd. To obtain a clwr undertitanding o fflic tree prorcelio►► measutcs, the owneridevelolvr shall ivvievv this report wish all wntradors and all l emnial Iha ( will lie vvorking on the projex't. In addilion t A--ould ree{►mniend that oll conlrtctors and subcontractors read enol sign the• Trev Pfoieciim) Plan to acknowledge the roitigalion measures at hand. Thu trees needing mitigation measures have hexon identified with yellow tape. The tree-, were numF►cred and (lie trunk diameter ('1'1)(31 l) has ho°eR dtx fuuvrrted on (}te attached spreadsheet. 1 }urine 11111 phau s ut' eaiX%truction ,md until t.hr project is completed the l0lowing trtie protection standards shall be in place and practiml for all trees ueeding mitigation measures and identified oft (lie attached spreadsheet. 1. Fencing: Must N, a minimum, 4)1'4' high, chain link, snow or s:;rlcty I4txc, staked at The dripline or line of encroachment for each tree or group ol'trees. fence must he up lvfiorc any construction or cat•th moving begin,,. For areas where this is not possible, aeration ofthe %oil (afterde%cloprnen( iscuml)lctc) shall he requited. Ibis fencing shall not he breached without the city knowledge, 2. Soil Aeration Methods: Soils under the driplines that has been compacted by heavy equiprnunt and/or construction activities roust he returned to their original state lx fibre all work is, cornpteted. Methods include water jetlinb, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with a 24' auger) and the Planning Commission Resolution 2004-0032 March 16, 2004 Page 30 of 34 application of moderate amounts of nitrogen fertilizer. Applicant's arborist shad advise. 3. Chip Mulch: All arras within the driplines of the trees that cannot be femxd shall reetive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the affects of -soil compaction. 4. 'Preaching Within The Drip -line: All trenching under the driplinrs of native trees sludI he hand -dug, augured or bored, and all major roots shall be avoided whenever possible. All exposed roots larger than I" in diameter shall he `cut clean" with a sharp pruning tool and not ragged. 5. Grading Within the Dripline: Grading should not encroach within they driplinc. 1! 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-b" in-depth may also be required in there areas. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a pounding condition and excavations should not leave the trees on a rapidly draining mound. G. Exposed Roots: Any exposed roots shall be recovered the same day they were exposed. 7. Paving Within the Drip -fine: Pervious surfacing is preferred within the drip -line of any oak. trees. Compaction: Vehicles and all heavy equipment shall not be driven under the true. -i-i this will contribute to soil compaction. 1). Existing Surfaces: The existing ground surface within the driplinc of all Oak trees shal I not be cut. tillW, compacted or pared. 10. Construction Materials and Waste: No liquid or solid excess or waste construction materials shall be dumped on the ground or into any area between the dripline of any Oak trues. 11. Arborist Monitoring: During construction an arborist shall be present when encroaching within the: driplinc of any Oak tree. 12. Pen -Construction Meeting: An on-site pre -construction meeting with the Arborist, Owner, Planning Staff, and the earth ndiving team shall be required for this project. Prior to final occupancy, a letter from the wtxwrist shall be required verifying the healih/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall verify that the arborist was on-site for all grading activity that encroached into the dripline of the native trees. and that all work in these areas was done to standards and methods set by the: arborist. Please call me if 1 may be of any future assistance to you for this project. Sleven G. Alvarez Uertiticd Arborist OWC-0511 Planning Commission Resolution 2m£m& March 16, 2004 Page 97k EXHIBIT M: Arborist Report Q�� w r CD, w v $.�. 0 0 / §,m $Im� O� =«2$irQ� § . . ! 2 n § q A | 7 § M $_ wo —�zCA q : \ L / C) \ $'» E ® n z = � ` / lie � � C D D G) "V / � �)( COQe w .�0� k % 05 2 \\0 ®�k §Z ? _ \ kI « « * « z 2 §§ Z Z Z Z o k ;2 c o O C $ ! f mf/qzo / ! « & ( � ) § | § q ) 2 § \ ) 6 | f A ITEM NUMBER: DATE: 3-16-04 ATTACHMENT 5: Draft Resolution PC 2004-0033 PD -7 Master Plan of Development (CUP 2003-0113)/ZCH 2002-0065/TTM 2003-0038 Approval of Proposed Vesting Tentative Tract Map DRAFT RESOLUTION PC 2004-0033 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE VESTING TENTATIVE TRACT MAP 2003-00389 A FIVE LOT MAP CONSISTENT WITH A PD -7 OVERLAY ZONE OF APN 029-292-044 (5680 ROSARIO, 5495 OLMEDA/MADRUGA) WHEREAS, an application has been received from Rodney Madruga (5495 Olmeda Ave, Atascadero, CA 93422), Applicant, to consider a project consisting of a zone change from RMF -10 (Residential Mult�Family) to RMF -10 / PD -7 (Residential Mult�Family with Planned Development Overlay #7) with the adoption of a Master Plan of Development, and a five lot residential Tentative Parcel Map on APN 029-292-044, 017 and, WHEREAS, the site's General Plan Designation is MDR (Medium -Density Residential); and, WHEREAS, the site's current zoning district is RMF -10 (Residential Multi -Family); and, WHEREAS, the Planning Commission has recommended that a site be rezoned to include a PD -7 overlay with a Master Plan of Development thereby allowing a six lot subdivision of the site; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Tract Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on March 16, 2004, studied and considered Tentative Tract Map 2003- 0038, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, Planning Commission Resolution 2004-0033 March 16, 2004 Page 2 of 16 NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings of Approval for Tentative Parcel Map, the Planning Commission of the City of Atascadero finds as follows: 1. The proposed subdivision, 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 proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District #7 Master Plan of Development (CUP 2003-0113). 4. The site is physically suitable for the type of development proposed. 5. The site is physically suitable for the density of development proposed. 6. 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. 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 be detrimental to the health, safety or welfare of the general public. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on March 16, 2004, resolved to recommend that the City Council approval of Vesting Tentative Tract Map (TTM 2003- 0038) subject to the following: 1. Exhibit A: Vesting Tentative Tract Map 2003-0038 2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program. Planning Commission Resolution 2004-0033 March 16, 2004 Page 3 of 16 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: ADOPTED: CITY OF ATASCADERO, CA Bob Kelley Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Planning Commission Resolution 2004-0033 March 16, 2004 Page 4 of 16 Exhibit A: Vesting Tentative Tract Map 2003-0038 .N Planning Commission Resolution 2004-0033 March 16, 2004 Page 5 of 16 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP: Grading Permit PS: Planning Services 5680 Rosario Ave/5495 Olmeda Ave BP: Building Permit BS: Building Vesting Tentative Tract Map SIP. Subdivision Improvement Plans Services TTM 2002-0038 FM: Final Map FD: Fire Department PD: Police TO: Temporary Occupancy Department Fl: Final inspection FO: Final Occupancy CE: City Engineer WW' Wastewater CA: City Attorney AMWC: Water Comp. Planning Services 1. The approval of this Tentative Parcel Map shall not FM PS become final and effective following approval of Zone Change 2002-0065 and CUP 2003-0113. 2. Approval of this Tentative Parcel Map shall be valid FM PS for 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 FM PS the authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The Parcel Map shall be subject to additional fees for FM PS park or recreation purposes (QUIMBY Act) as required by City Ordinance. 5. The granting of this entitlement shall apply to the On going PS property located at 5785 San Jacinto Ave (APN 029- 292-044, 017) regardless of owner. 6. The Final Map shall be drawn in substantial FM PS conformance with 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. 7. The subdivider shall defend, indemnify, and hold FM PS 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. 8. Affordable Housing Requirement: The applicant shall FM PS, CE either set aside one housing unit at the moderate category rate for a period of 30 years and pay in -lieu fees for the factional portion owed in excess of one unit, or pay an in -lieu fee based on 5.00% of the Planning Commission Resolution 2004-0033 March 16, 2004 Page 6 of 16 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP: Grading Permit PS: Planning Services 5680 Rosario Ave/5495 Olmeda Ave BP: Building Permit BS: Building Vesting Tentative Tract Map SIP: Subdivision Improvement Plans Services TTM 2002-0038 FM: Final Map FD: Fire Department PD: Police TO: Temporary Occupancy Department FI: Final inspection CE: City Engineer FO: Final Occupancy WW: Wastewater CA: City Attorney AMWC: Water Comp. construction valuation of each of the market rate units. 9. All site development shall be consistent with the BP/FM PS maximum intensities described in the statistical project summary as shown on EXHIBIT E. 10. CC&R's shall include language, and a deed restriction shall be recorded on parcel one, which prohibits alteration of the drainage basin and/or historic property landscape buffer without written approval from the Community Development Director. Building Services 11. A soils investigation prepared by a licensed FM PS, BS, CE Geotechnical Engineer is to be provided for the project. The report is to be provided at the time of building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. Fire Marshal 12. A minimum 16' paved with 20' total clear width FM PS, CE access with a minimum head clearance of 13'-6" is to be provided to Lots 1, 2, and 3. Lot 4 shall provide a minimum of 12 -foot wide paved access for the portion of the driveway located on parcel 4. Twenty -foot clear width may be provided with use of turf block or low-lying shrubs along the west side for emergency vehicle access. 13. The location of all existing and proposed fire FM CE hydrants shall be shown on subsequent building permit applications. 14. A letter shall be provided from Atascadero Mutual FM CE Water Company stating the minimum expected water available to the site. Amount available must meet minimum requirement specified in the California Fire Code. 15. Address signage design shall be provided prior to FM CE issuance of any subsequent building permits. 16. Unit 4 shall be fire sprinklered, subject to the approval of the fire department. 17. A homeowners association, or other funding and FM PW maintenance agreement shall be submitted for approval by the City Engineer and City Attorney prior to recording the final map. The agreement Planning Commission Resolution 2004-0033 March 16, 2004 Page 7 of 16 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP: Grading Permit PS: Planning Services 5680 Rosario Ave/5495 Olmeda Ave BP: Building Permit BS: Building Vesting Tentative Tract Map SIP: Subdivision Improvement Plans Services TTM 2002-0038 FM: Final Map FD: Fire Department PD: Police TO: Temporary Occupancy Department FI: Final inspection CE: City Engineer FO: Final Occupancy WW: Wastewater CA: City Attorney AMWC: Water Comp. shall cover scheduled maintenance of the pervious pavers, and maintenance of the drainage facilities. 18. Fire lanes shall be delineated to restrict parking as FM CE required by the Fire Authority. City Engineer Site Specific Conditions 19. All public improvements shall be constructed in BP CE conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 20. In the event that the applicant is allowed to bond for FM CE the public improvements required as a condition of the final map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 21. An engineer's estimate of probable cost shall be FM CE submitted for review and approval by the City Engineer to determine the amount of the bond. 22. The Subdivision Improvement Agreement shall FM CE record concurrently with the Final Map. 23. An encroachment permit shall be obtained prior to BP CE the issuance of building permit. 24. The applicant shall enter into a Plan BP CE Check/inspection agreement with the City. 25. A six (6) foot Public Utility Easement (PUE) shall be FM CE provided contiguous to the Rosario and Olmeda property frontage. 26. The applicant shall be responsible for the relocation BP CE and/or alteration of existing utilities. 27. The applicant shall install all new utilities (water, gas, BP CE electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 28. The applicant shall monument all property corners for BP CE construction control and shall promptly replace them if disturbed. 29. The applicant shall acquire title interest in any off-site BP CE land that may be required to allow for the construction of the improvements. The applicant shall bear all Planning Commission Resolution 2004-0033 March 16, 2004 Page 8 of 16 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP: Grading Permit PS: Planning Services 5680 Rosario Ave/5495 Olmeda Ave BP: Building Permit BS: Building Vesting Tentative Tract Map SIP: Subdivision Improvement Plans Services TTM 2002-0038 FM: Final Map FD: Fire Department PD: Police TO: Temporary Occupancy Department FI: Final inspection CE: City Engineer FO: Final Occupancy WW: Wastewater CA: City Attorney AMWC: Water Comp. costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 30. Slope easements shall be provided as needed to FM CE accommodate cut of fill slopes. 31. Drainage easements shall be provided as needed to FM CE accommodate both public and private drainage facilities. 32. A preliminary subdivision guarantee shall be FM CE submitted for review in conjunction with the processing of the map. 33. All existing and proposed utility, pipeline, open space, FM CE 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. 34. The final map shall be signed by the City Engineer FM CE prior to the map being placed on the agenda for City Council acceptance. 35. Prior to recording the final map, the applicant shall FM CE submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 36. Prior to recording the parcel map, the applicant shall FM CE 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. 37. Prior to recording the tract map, the applicant shall FM CE pay all outstanding plan check/inspection fees. 38. Prior to recording the map, the applicant shall FM CE complete all improvements required by these conditions of approval. Planning Commission Resolution 2004-0033 March 16, 2004 Page 9 of 16 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP: Grading Permit PS: Planning Services 5680 Rosario Ave/5495 Olmeda Ave BP: Building Permit BS: Building Vesting Tentative Tract Map SIP: Subdivision Improvement Plans Services TTM 2002-0038 FM: Final Map FD: Fire Department PD: Police TO: Temporary Occupancy Department FI: Final inspection CE: City Engineer FO: Final Occupancy WW: Wastewater CA: City Attorney AMWC: Water Comp. 39. Prior to recording the tract map, the applicant shall FM CE have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 40. Upon recording the final map, the applicant shall FM CE provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 41. Prior to the final inspection of any public Fl CE improvements, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 42. Prior to the final inspection, the applicant shall submit FI CE a written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 43. Prior to the issuance of building permits the applicant BP CE shall submit a grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. City Engineer Project Conditions 44. All frontage improvements shall be constructed on CE Rosario Frontage. Improvements shall include widening Rosario and constructing curb, gutter and sidewalk. Sidewalk shall have a minimum of 48" of clearance for ADA compliance. 45. Existing retaining wall shall be removed from right -of- BP CE way. Appropriate permits shall be acquired by applicant prior to constructing wall. 46. Drainage inlet shall be installed at corner of Rosario BP CE and Olmeda, and connected to new improvements. 47. A single detention basin Ehall be provided on the BP CE property. The detention basin shall be sized to provide for a 50 -year storm with a 2year storm release. The outlet of the basin shall drain through a Planning Commission Resolution 2004-0033 March 16, 2004 Page 10 of 16 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP: Grading Permit PS: Planning Services 5680 Rosario Ave/5495 Olmeda Ave BP: Building Permit BS: Building Vesting Tentative Tract Map SIP: Subdivision Improvement Plans Services TTM 2002-0038 FM: Final Map FD: Fire Department PD: Police TO: Temporary Occupancy Department FI: Final inspection CE: City Engineer FO: Final Occupancy WW: Wastewater CA: City Attorney AMWC: Water Comp. sidewalk underdrain. 48. A drainage easement for the detention basin shall be FM CE provided. Drainage shall cross property lines only within drainage easements. Provide drainage easements along all proposed drainage paths. Wastewater Department Standard Conditions 49. Applicant shall pay sewer Extension (Annexation ), BP CE Connection and Reimbursement fees (if applicable) upon issuance of building permit. 50. Wastewater piping serving fixtures which have flood BP CE level rims located below the elevation of the next upstream manhole cover of the public or private sewer serving such wastewater piping shall be protected from backflow of sewage by installing an approved type backwater valve Fixtures above such elevation shall not discharge through the backwater valve 51. All wastewater piping outside of right -0f -way shall be BP CE private. Atascadero Mutual Water Company 52. Before recordation of the final map, the applicant BP BS shall submit plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All new water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross -connection devices shall conform to AWWA and California Department of Health Services standards. 53. Before the start of construction on the water system BP BS improvements, the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. 54. Before issuance of building permits, the applicant BP BS shall obtain a "Will Serve" letter from AMWC for the Planning Commission Resolution 2004-0033 March 16, 2004 Page 11 of 16 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP: Grading Permit PS: Planning Services 5680 Rosario Ave/5495 Olmeda Ave BP: Building Permit BS: Building Vesting Tentative Tract Map SIP: Subdivision Improvement Plans Services TTM 2002-0038 FM: Final Map FD: Fire Department PD: Police TO: Temporary Occupancy Department FI: Final inspection CE: City Engineer FO: Final Occupancy WW: Wastewater CA: City Attorney AMWC: Water Comp. newly created lots within the subdivision. 55. Private easements may be needed for the private BP BS water service lines that serve parcels created by parcel map which do not front on Rosario. Mitigation Measures BP PS 1.d.1 Mitigation Measure 1.d.1 : If exterior lighting is proposed, it shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 20 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the private street. Fixtures shall be shield cut-off type and compatible with historic setting, subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to BP BS 3.b.1 comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction E ui ment • 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 Planning Commission Resolution 2004-0033 March 16, 2004 Page 12 of 16 Conditions of Approval / Mitigation Monitoring Program 5680 Rosario Ave/5495 Olmeda Ave Vesting Tentative Tract Map TTM 2002-0038 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non - potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are plann4ed to be reworked at dates greater than one month after initial grading should be sown with a fast -germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Planning Commission Resolution 2004-0033 March 16, 2004 Page 13 of 16 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP: Grading Permit PS: Planning Services 5680 Rosario Ave/5495 Olmeda Ave BP: Building Permit BS: Building Vesting Tentative Tract Map SIP: Subdivision Improvement Plans Services TTM 2002-0038 FM: Final Map FD: Fire Department PD: Police TO: Temporary Occupancy Department FI: Final inspection CE: City Engineer FO: Final Occupancy WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 4.e.1 : The building permit site plan shall GP PS, BS, CE 4.e.1 identify all protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan. Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. Mitigation Measure 4.e.2: The Precise Grading Plan shall GP PS, CE 4.e.2 identify tree protection fencing around the dripline of each existing on-site tree and/or native shrub mass within 20 feet of construction activity. Mitigation Measure 4.e.3: Grading and excavation and GP, BP PS, BS 4.e.3 grading work shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within the area of work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 4.e.4: The developer shall contract with a BP PS, BS 4.e.4 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 a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b). Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and Planning Commission Resolution 2004-0033 March 16, 2004 Page 14 of 16 Conditions of Approval / Mitigation Monitoring Program 5680 Rosario Ave/5495 Olmeda Ave Vesting Tentative Tract Map TTM 2002-0038 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c). As specified by the arborist report and City staff: ■ Fencing: Must be a minimum of 4' high, chain link, and snow or safety fence, staked at the drip -line or line of encroachment for each tree or group of trees. Tree fencing shall be erected before demolition, grading, or construction begins and remains in place until final inspection of the project permit, except for work specifically required in the approved plans in which case the project arborist or Planning Staff must be consulted. ■ Soil Aeration Methods: Soils under drip -lines that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include water jetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with a 2-4" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist shall advise. ■ Chip Mulch: All areas within the drip -line of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction. ■ Trenching within the Dripaine: All trenching under drip -lines of native trees shall be hand dug, augured or bored. All major roots shall be avoided whenever possible. All exposed roots larger than 1" in diameter shall be 'clean cut with a sharp pruning tool and not left ragged. ■ Grading within drip -line: Grading should not encroach within the drip -line. If grading is necessary, construction of retaining walls or tree wells or other protection measures may be necessary to insure the survivability of the trees. Chip mulch 4-0" in depth may also be required in these areas. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. ■ Exposed Roots: Any exposed roots shall be recovered the same day they were exposed. ■ Paving within the Drip -line: Pervious surfacing is required within the dripline of any oak trees. Planning Commission Resolution 2004-0033 March 16, 2004 Page 15 of 16 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP: Grading Permit PS: Planning Services 5680 Rosario Ave/5495 Olmeda Ave BP: Building Permit BS: Building Vesting Tentative Tract Map SIP: Subdivision Improvement Plans Services TTM 2002-0038 FM: Final Map FD: Fire Department PD: Police TO: Temporary Occupancy Department FI: Final inspection CE: City Engineer FO: Final Occupancy WW: Wastewater CA: City Attorney AMWC: Water Comp. ■ Compaction: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. ■ Existing Surfaces: The existing ground surface within the drip -line of all oak trees shall not be cut, filled, compacted or pared. ■ Construction materials and waste: No liquid or solid construction waste shall be dumped on the ground within the drip -line of any oak tree. ■ Arborist Monitoring: During construction an arborist shall be present when encroaching within the dripline of any Oak tree. (d). Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 5.a.1 : The project shall provide a pavered driveway entrance to extend to the existing paving on the adjacent parcel, consistent with the historic context of the neighborhood. Pavers shall be individually set and shall be bordered by a concrete mow strip. Mitigation Measure 5.a.2: Landscaping shall include shade trees in the front yards of the proposed units facing the historic colony home. A minimum of 2 trees (15 -gallon size min) shall be installed within this area. Mitigation Measure 6.b.1: The grading permit application GP BS 6.b.1 plans shall 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.c.d.1 : A soils report shall be required to GP PS, BS, CE 6.c.d.1 be submitted with a future building permit by the building department. Planning Commission Resolution 2004-0033 March 16, 2004 Page 16 of 16 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP: Grading Permit PS: Planning Services 5680 Rosario Ave/5495 Olmeda Ave BP: Building Permit BS: Building Vesting Tentative Tract Map SIP: Subdivision Improvement Plans Services TTM 2002-0038 FM: Final Map FD: Fire Department PD: Police TO: Temporary Occupancy Department FI: Final inspection CE: City Engineer FO: Final Occupancy WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 8.e.f.1: Should the disturbed area total GP PS,CE 8.0.1 one acre or greater, a Stormwater Pollution Prevention Plan (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. Should the area of disturbance total less than one acre in area, the applicant shall include methods of erosion control and temporary site runoff control, subject to the approval of the City Engineer. Mitigation Measure 8.e.f.2: The Building Permit application BP PS, CE 8.e.f.2 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.3: The developer is responsible for BP PS, BS 8.e.f.3 ensuring hat 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 BP, GP PS, BS 11.d comply with the City of Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. Atascadero Planning Commission ITEM NUMBER: 4 DATE: 3-16-04 Staff Report — Community Development Department Creekside Commercial Center Conditional Use Permit 2003-0088 Tentative Tract Map 2003-0046 (8810, 8850 Morro Rd. / Gearhart) SUBJECT: The proposed project is an application for a Conditional Use Permit to establish a Master Plan of Development for a commercial -office center located at 8810 and 8850 Morro Rd. The proposed Master Plan of Development includes a site plan, landscape plan, and shared access and parking design with appropriately designated easements. The proposed project includes a Tract Map that would subdivide the existing two lots into 9 total lots, each identifying a specific building envelope and maximum square footage. The site is currently graded to accommodate two previously approved 1,498 square foot commercial -office buildings. The proposed project incorporates the two approved buildings into the overall project site. The site is located adjacent to the Atascadero Creek Reservation and contains 2 native oak trees, one of which is proposed for removal. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution No. PC 2004-0024 certifying proposed mitigated negative declaration 2004-0003 and approving Conditional Use Permit 2003- 0088 subject to the findings, conditions, and exhibits as attached. The Planning Commission adopt Resolution No. PC 2004-0029 approving Tentative Tract Map 2003-0046 subject to the findings, conditions, and exhibits as attached. SITUATION AND FACTS: 1. Applicant/ Representative: Kelly Gearhart, 6205 Alcantara Ave, Atascadero, CA 93422 2. Project Address: 8810 and 8850 Morro Rd. APN 031-291-021, 024 3. General Plan Designation: General Commercial (GC) 4. Zoning District: Commercial Retail (CR) 5. Site Area: 1.66 acres gross 6. Existing Use: Two vacant graded lots in preparation of a future approved 1,498 square foot commercial -office building on each lot. 7. Environmental Status DISCUSSION: Summary Proposed Mitigated Negative Declaration 2004- 0003 The proposed master plan of development includes a site plan designating shared access and parking areas, project landscaping, and a tract map to allow for a total of nine (9) commercial -office buildings on the site. Building envelopes, maximum building square footage, and conceptual design guidelines are incorporated into the conditions of approval for the project to allow design flexibility and to ensure compliance with City design review, parking, and development standards. Background Atasead Creek . Project Site Surrounding Land Uses and Settin North: Commercial Retail South: Morro Road and Commercial Retail East: Commercial Professional West: Atascadero Creek Reservation The General Plan identifies this site, along with adjacent properties to the north, south, and east as Commercial Property with adjacent property to the west designated as Atascadero Creek Reservation open space. A Conditional Use Permit (Master Plan of Development) is required by City Ordinance for commercial projects in excess of 10,000 square feet. This proposed project allows for a maximum building size of 13,200 square feet. Analysis Site Master Plan The applicant has submitted a master plan of development for the site as opposed to specific building footprints and elevations to allow for greater flexibility in building placement and development should each be developed by separate owners in the future. The master plan of development includes shared parking and access areas which have been reviewed by staff for general plan and zoning ordinance conformance. All parking areas will be required to be completed prior to the recordation of the final map (Condition CUP 13/TTM 9). Maximum building square footage for the site has been identified to ensure that the proposed build out of the center will be in compliance with the code -required on-site parking standards (Condition CUP 6). The Master Plan of Development also includes a conceptual landscape plan which identifies required landscaping for each lot and all common areas. All future building permits have been conditioned to require a landscape plan consistent with the proposed conceptual plan, specific to the future building design and footprint (Condition CUP 14). All landscaping within common areas and as part of the revegetation plan for the Atascadero Creek setback area will be required to be completed prior to recordation of the final map (Condition CUP 14). Appearance Review Manual Architecture The site is currently approved for two small commercial/office buildings located along the Morro Road frontage. Similar to the adjacent building on the corner of Portola Ave and Morro Rd, the buildings incorporate tower elements at the entrance to the shared parking area, mission tile roofing, and tile building accents alluding to a modern Spanish Mediterranean architectural design scheme. Awnings and horizontal recessed elements provide a pedestrian scaled storefront. With the inclusion of the previously approved building style, materials, and colors, staff has developed conditions of approval that will guide future building architecture, color & material selection, and landscape design within the remaining undeveloped commercial center. The approved building elevations and design guidance are shown in Exhibit C. Combination of one and two story Varied Roof elements Form Decorative il facade elements I M T W. , P'l-. Pedestrian scaled entrance w/ storefront windows 1 Approved Morro Road building frontage with contextual design elements specified. 1 Project Signage A Master Sign Program is required for all centers with greater than three tenant spaces. The proposed project does not include provisions and standards for future project signage. Signage standards and location requirements have been incorporated into the project conditions consistent with the building architecture, scale, and current City zoning regulations (Condition CUP 10). Atascadero Creek Setback Assessment The City of Atascadero has established an interim creek setback of 35 -feet from the creek reservation along Atascadero and Graves Creek. Encroachments of up to 20 -feet from the reservation are permitted with Planning Commission approval of a Conditional Use Permit providing that a biologist and soils survey of the adjacent area finds that the existing and future creek conditions and locations will not be detrimental to the project as proposed, and that encroachment into the required setback area will not negatively affect any established riparian habitat. According to the project biologist, the setback area is currently void of vegetation and no sensitive species are expected to occur within the vicinity of the proposed project based on current land conditions. The biologist also notes that the proposed landscape plan includes revegetation of the 35 -foot setback zone and finds that no negative impacts will occur as a result of the proposed building envelope locations. A soils report was prepared by Buena Geotechnical Services which ®ncluded that over -excavation out to 5 -feet beyond the outer wall footing will be required for all future buildings. Staff has conditioned that these affected areas be landscaped consistent with the approved creek revegetation plan and project landscape plan (Condition CUP 9). Native Tree Removal The site contains two native oak trees. One existing 20" dbh white oak tree is proposed for removal. The Atascadero Native Tree Ordinance requires that the removal of native trees be mitigated with a payment into the tree replacement fund. The applicant will be required to submit a payment of $666.67 as conditioned and as specified in the table below. The site plan includes the retention of a 26" white oak which will require the construction of a tree well at a minimum of 10 -feet from the trunk of the tree to maintain grade within the root zone. The applicant has designed a landscaped bulb -out to accommodate these requirements. The project arborist will be required to monitor any construction activity within the vicinity of the tree and will be required to certify that all protection and enhancement measures were implemented as specified (Condition CUP 18). Evergreen Native Trees (inches) Deciduous Native Trees (inches) I Totals dbh notes dbh notes 1 0 -inches 1 20 -inches 2 2 3 3 4 4 5 5 6 6 Total 0 -inches Total 20 -inches 20 -inches Mitigation Requirement req'd tree replacements: 0 five gal trees req'd tree replacements: 13 five gal trees 13 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees (24") 0 box trees (24") 0 box trees (24"1 Remaining Mitigation 0 five gal trees Remaining Mitigation 13 five gal treesI 13 five gal trees Tree Fund Payment: $ Tree Fund Payment: $ 666.67 $ 666.67 Site Drainage The site currently drains into Atascadero Creek. The proposed development plan includes a drainage swale within the parking median which is designed to filter runoff and meter the flow out to the creek. The integration of a swale from the west edge of the parking area to the Creek is conditioned for the project to ensure appropriate filtration prior to any run-off entering the creek. (Condition CUP 27/TTM 39) Wastewater The site will be served by City sewer. Tentative Tract Map A nine -lot tract map is proposed as part of the project consistent with the Master Plan of Development. The Tract Mmap has been conditioned by staff and the City Engineer to meet all City standards including street frontage improvements. The applicant will be required to record a maintenance agreement for the map that will include maintenance and access of common areas (Condition CUP 28). Conditional Use Permit As conditioned, the project is consistent with the existing General Plan land use designation and zoning district. The Conditional Use Permit process provides the opportunity for the public and the Planning Commission to review the specifics of land use proposals, such as architectural design, site design, landscape, and specific standards of the zoning ordinance. The Planning Commission must make the following five findings to approve a Conditional Use Permit: 1. The proposed use is consistent with the General Plan. 2. The proposed use satisfies all applicable provisions of the Zoning Ordinance. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental of injurious to the property or improvements in the vicinity and the use. 4. The proposed use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. 5. The proposed use will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 6. The project as proposed and the adjacent riparian corridor will not be negatively impacted by the reduction in creek reservation setback. Based on staff's analysis in the preceding sections, it appears that all of the required findings for the granting of a Conditional Use Permit can be made. General Plan Consistency The proposed project is consistent with the General Plan Land Use Element designation of the site as a Master Plan of Development for a 13,200 square foot commercial office center. Proposed Environmental Determination A proposed Mitigated Negative Declaration was circulated to the State Clearinghouse and the public on February 2, 2004, 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 when mitigation measures are incorporated. Staff is recommending the Commission adopt the findings and certify the Mitigated Negative Declaration. CONCLUSION: The proposed project is consistent with the General Plan and Atascadero Municipal Code, as analyzed within this staff report. It is staff's opinion that the proposed project, as conditioned, allows the Planning Commission to make all of the required findings for project approval of the project. 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 conditional use permit. The Commission is required to specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1: General Plan, Zoning and Location Map Attachment 2: Draft Resolution PC 2004-0024 Attachment 3: Draft Resolution PC 2004-0029 Attachment 1: Location Map / General Plan / Zoning CUP 2003-0088 a r • Atascade Creek State Highway 41/ Project Morro Rd Sites �,� r Attachment 2: Draft resolution PC 2004-0024 CUP 2003-0088 DRAFT RESOLUTION NO. PC 2004-0024 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A MASTER PLAN OF DEVELOPMENT (CONDITIONAL USE PERMIT 2003-0088) FOR A 139200 SQUARE FOOT COMMERCIAL/OFFICE CENTER AT 8810 AND 8850 MORRO RD (APN 031-291-021, 024). (Gearhart) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Ave; Atascadero, CA 93422), Applicant, for a Condition Use Permit (CUP 2003-0088) to establish a Master Plan of Development for a 9 -lot commercial office center; and, WHEREAS, the site's General Plan Designation is GC (General Commercial); and, WHEREAS, the site's zoning district is CR (Commercial Retail); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Conditional Use Permit; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on March 16, 2004, studied and considered Conditional Use Permit (CUP 2003-0088), after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Certification of the Proposed Mitigated Negative Declaration The Planning Commission finds as follows: 1. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project's mitigation monitoring program as conditions of approval; and, 2. The project will not achieve short-term to the disadvantage of long term environmental goals; and, The project does not have impacts which are individually limited, but cumulatively considerable; and, 4. The project will not cause substantial adverse effects on human beings either directly or indirectly; and, SECTION 2. Findings for Approval of the Conditional Use Permit. The Planning Commission finds as follows: The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element; and, 6. The project as proposed and the adjacent riparian corridor will not be negatively impacted by the reduction in creek reservation setback. SECTION 3. Approval of Conditional Use Permit. The Planning Commission of the City of Atascadero, in a regular session assembled on March 16, 2004, resolved to approve Conditional Use Permit 2003-0088 subject to the following conditions and exhibits: EXHIBIT A: Conditions of Approva 1/Mitigation Monitoring Program EXHIBIT B: Proposed Mitigated Negative Declaration EXHIBIT C: Conceptual Master Plan Development EXHIBIT D: Architectural Context/Design Guidelines EXHIBIT E: Tentative Tract Map EXHIBIT F: Preliminary Landscape Plan EXHIBIT G: Preliminary Grading & Drainage Plan EXHIBIT H: Biological Assessment EXHIBIT L• Soils Report EXHIBIT J: Arborist Report 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 Atascadero Planning Commission Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval Conditional Use Permit 2003-0088: Creekside Commercial Center Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2003-0088 /Monitoring Measure PS: Planning Services 8810/8850 Morro Rd BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Planning Department Standard Conditions 1. This conditional use permit shall be for a 13,200 square foot PS commercial office center master plan. 2. The approval of this use permit shall become final and effective for FM PS the purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9- 1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority 13P/FM PS to approve the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Conditional Use Permit. 4. The granting of this entitlement shall apply to the property located at On going PS 8810 and 8850 Morro Rd, (APN 031-291-021, 024) regardless of owner. 5. Approval of this Conditional Use Permit shall be valid for twelve BP / FM PS (12) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 6. Total building square footage shall be limited to 13,200 sf (aprox 1467 sf per lot). Building envelopes shall be specified on the final map consistent with EXHIBIT B. 7. All subsequent Tract Map and construction permits shall be consistent with the Master Plan of Development contained herein. 8. The final map shall be consistent with the building envelopes as shown in EXHIBIT B. 9. Grading encroachments into the required 20 -foot creek setback shall require revegetation consistent with the approved creek restoration plan. 10. An Administrative Use Permit for center signage shall be approved prior to the final of any building permits on the project site. Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2003-0088 /Monitoring Measure PS: Planning Services 8810/8850 Morro Rd BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney FO: Final Occupancy prior to the final of any building permits on the project site. ■ Tenant signage shall not exceed 20 square feet or 1 foot per linear foot of parking lot frontage, whichever is less. ■ One center identification sign shall be permitted along the Moro Rd frontage. Such a sign will be limited to 50 square feet and shall not exceed 6 feet in height. Any proposed monument sign shall include a base material consistent with the architectural theme of the center. Landscaping shall be provided around the base of any such sign. • Tenant and center identification signage shall be constructed of individual channel letters or similar. No can signs or external raceways shall be permitted. Awning signs may be substituted for wall signage provided each tenant adopts such signage displays through the Administrative Use Permit. ■ Individual address signage shall compliment the architecture of the center and shall be consistent throughout. 11. All exterior elevations, finish materials and colors shall be BP PS consistent with the Master Plan of Development as shown in Exhibit B and C. 12. Buildings shall include a minimum of 3 colors and shall compliment BP/FM PS the buildings facing Morro Rd. Colors s hall vary throughout the project and shall be used to accentuate architectural features as appropriate, subject to staff approval. 13. All site work, grading and site improvements shall be consistent BP/FM PS with the Master Plan of Development as shown in EXHIBIT B. All common parking areas and site improvements shall be completed prior to recordation of the final map. 14. A final landscape and irrigation plan shall be approved prior to BP PS recordation of the final map and shall be included as part of site improvement plan consistent with EXHIBIT E. All exterior meters, air conditioning units, and mechanical equipment shall be screened with landscape material. Trash/recycle container areas shall be screened with fencing or landscape. The landscape plan shall include the following: • 24" box London Plane trees shall be installed along the Morro Rd frontage at 30' on center; a minimum of 4 trees. • All common space areas shall be landscaped prior to recordation of the final map. Landscaping shall include 815 - gallon London plane trees and 3 15 -gallon accent trees within the central parking area island, installation of groundcover along the drainage swale from the parking area to the creek Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2003-0088 /Monitoring Measure PS: Planning Services 8810/8850 Morro Rd BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney FO: Final Occupancy reservation, and parking lot shade trees located adjacent to the trash enclosures. • Landscape plans specific to each parcel shall be required with subsequent building permits. Individual plans shall be prepared by a qualified professional and shall include landscaping specific to the proposed building footprint. • A revegetation plan for the 20 foot setback area adjacent to the Atascadero Creek Reservation shall be reviewed and approved by a qualified biologist the Community Development Department. All creek revegetation landscaping shall be installed prior to recordation of the final map. • A pedestrian connection from Highway 41 to the creek reservation shall be provided and appropriate access easements shall be recorded on the final map. • An outdoor employee area to include permanent decorative seating and tables shall be included on the project site. Such an area shall be designated on the conceptual landscape plan. • Two parking spaces shall be eliminated as shown in EXHIBIT E. One shade tree shall be added to each resulting landscape finger. 15. Walls located along the north and south property lines shall be BP PS constructed of dark colored split face block or other decorative material, and shall include a decorative cap, subject to staff approval. No barrier shall be permitted between the project site and the adjacent creek reservation. 16. Future proposed buildings shall be consistent with the conceptual BP PS elevations and specified contextual elements shown in EXHIBIT C. All materials and finishes shall be high quality and shall compliment the approved buildings along the Morro Rd frontage. Future project architecture shall also incorporate the following: ■ All stucco elements shall be hand trowled smooth finish, consistent with the approved frontage buildings and consistent with the adjacent commercial building to the south. ■ All proposed buildings shall include a combination of one and two story elements and shall include a variety of roof elements and styles. ■ All proposed buildings shall incorporate elements consistent with the Morro Road facing buildings and shall incorporate tile elements into the fagade design. ■ Building entrances shall incorporate pedestrian scaled Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2003-0088 /Monitoring Measure PS: Planning Services 8810/8850 Morro Rd BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney FO: Final Occupancy elements such as horizontal banding, fagade undulation, and awnings. Awnings shall be architectural , dark color, and shall be consistent throughout the project. ■ All buildings shall vary in terms of form and massing. 17. Building mounted lighting shall be consistent with that shown in EXHIBIT C, or similar, subject to staff approval. 18. All trash enclosures shall be constructed of dark colored split face block with metal doors painted to match and shall be screened with landscaping per EXHIBIT E. 17. Removal of the 20" oak tree shall be mitigated by the payment of $666.67 into the tree replacement fund as required by the tree ordinance. 18. The developer shall contract with a 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 a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of 3/4 inch granite covered with one -inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one -foot by one -foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2003-0088 /Monitoring Measure PS: Planning Services 8810/8850 Morro Rd BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney FO: Final Occupancy diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. ■ A tree well shall be constructed a minimum of 10 feet from the trunk of the native tree to remain. (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 Monitoring Program Mitigation Measure 1.c.1: A landscape plan prepared by a qualified professional is required. Landscaping shall consist of City approved street trees placed a minimum of 30 feet on center. All street trees shall be 24" box size. All other landscape trees and shrubs shall be a minimum 15 -gallon size. Mitigation Measure 1.c.2: A qualified biologist shall review and approve a revegetation plan for the portion of the site adjacent to Atascadero Creek as required by the project biological survey report dated December 15, 2003. Riparian revegetation shall consist of 24" box native species trees spaced informally within the 20 -foot required creek setback area. Mitigation Measure 1.d: 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 15 -feet in height, shall limit intensity to 2.0 foot candles at ingress /egress, and shall otherwise provide a 0.6 foot candle minimum to 1.0 maximum in parking areas. The proposed lighting plan shall accomplish a zero footcandle reading at the property line. Fixtures shall be shield cut-off type. Wall mounted fixtures at rear of buildings facing adjacent properties, except at exits, shall be avoided. Conditions of Approval / Mitigation Monitoring Program CUP 2003-0088 8810/8850 Morro Rd Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Mitigation Measure 3.b: The project shall be conditioned to 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 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 15 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 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 Measure 4.b.1 : Future building permit plans shall be reviewed by a qualified biologist. The applicant shall implement any recommendations made by the project biologist, including: a. Revegetation within the 35 -foot creek setback. b. Protection of the native sycamore tree at the northwest corner of the site Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2003-0088 /Monitoring Measure PS: Planning Services 8810/8850 Morro Rd BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney FO: Final Occupancy Mitigation Measure 4.e.1: Grading and excavation and grading work shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: A All existing trees outside of the limits of work shall remain. B. Earthwork shall not exceed the limits of the project area. C. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. D. Vehicles and stockpiled material shall be stored outside the dripline of all trees. E. 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. F. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 4.e.2: The applicant shall provide a soils report and analysis which addresses the current and possible future creek flow patterns and its impact on creek bank stability in relation to the proposed project. If it is determined by a qualified engineer that no impact will result, the applicant may reduce the creek setback from 35 feet to 20 feet. Mitigation Measure 6.b: Al disturbed areas, not shown on the project landscape plan for landscaping shall be landscaped with one or more of the plant materials listed on the landscape plan legend. All elevated pads shall be landscaped with appropriate shrubs and shall be contoured to blend naturally with the finished and/or existing grade. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked out on to EI Camino Real by construction vehicles. Mitigation Measure 6.c.d: A soils report shall be required to 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. Any excavation recommendations that encroach into the 20 -foot creek setback area shall address creek bank stability and shall be reviewed by the project biologist. The property contains no unusual geological formations. Mitigation Measure 8.e.f.1: A Stormwater Pollution Prevention Plan (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. 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. Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2003-0088 /Monitoring Measure PS: Planning Services 8810/8850 Morro Rd BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney FO: Final Occupancy Mitigation Measure 8.e.f.2: The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop work orders. Mitigation Measure 8.e.f.3: The applicant shall comply with all standards set by the City engineer related to the filtration and dispersion of site runoff into Atascadero Creek. Mitigation Measure 11.d.1: All construction activities shall 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. City Engineer Standard Conditions 19. The applicant shall enter into a Plan Check & Inspection agreement with the City. 20. The applicant shall be responsible for the protection, relocation and/or alteration of existing utilities. 21. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. 22. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 23. Prior to issuance of building permits, the applicant shall submit a grading and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. 24. Prior to the final inspection, all outstanding plan check and inspection fees shall be paid. Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2003-0088 /Monitoring Measure PS: Planning Services 8810/8850 Morro Rd BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney FO: Final Occupancy 25. Prior to the final inspection, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC). City Engineer Project Conditions 26. Public Improvements: 1. Morro Road. Full frontage improvements are required with this development from the southerly project boundary to San Diego Way. These include pave out for additional travel lanes with adequate width for bicycles, curb, gutter, landscaping and sidewalk. The Construction documents will be approved by and an encroachment permit will be obtained from Caltrans. The asphalt will transition back to the existing edge of pavement at the south end of the project at a 5:1 ratio. Public Improvement plans shall be submitted detailing the design. Cross sections shall be submitted detailing the existing and proposed cross fall on EI Camino Real. 27. Drainaae: 1. Drainage calculations are required per section 5 of Atascadero Engineering Standards. The storm water shall be retained and metered out to not erode or damage downstream facilities. The "Retention Areas" will be sized for the detention of the 50 year developed storm runoff, while metering out the historic flow at a rate similar to the storm event. 2. Site runoff shall enter Creek Reservation filtered, metered and non -concentrated, by means of a drainage swale or other device, subject to City Engineer approval. 3. A Storm Water Pollution Prevention Plan shall be produced and approved by the Regional Water Quality Control Board and the City of Atascadero. These plans shall recommend mitigation measure during and after construction to eliminate point and non point source pollution. The use on onsite grading feature to pond and percolate storm water is recommended. A filter system, mechanical or non, shall be installed with this project. This system shall comply with the intent of National Pollution Discharge Elimination System, Phase II requirements. 4. Obtain approval by the City Engineer of the grading & drainage plan and the storm drain design & facilities. 5. Storm water from 4 lots to the south of this site drains onto the site. This storm water will be allowed to continue to enter the site unless other provisions are made to handle the storm water. The Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2003-0088 /Monitoring Measure PS: Planning Services 8810/8850 Morro Rd BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney FO: Final Occupancy storm flow will be conveyed across the site in easements and leave the site in a non-erosive or concentrated manner. 6. Concentrated drainage from other lots be conveyed across the project site in drainage easements 28. CC&R's, or other funding and maintenance agreement shall be 28. 29. 30. submitted for approval by the City Engineer and City Attorney prior to recording the final map. The agreement shall cover scheduled maintenance of the shared access areas, and maintenance of the drainage facilities. Wastewater Department Standard Conditions 29. Gravity mains and other sewer facilities within the Property shall be privately owned and maintained. 30. Prior to recording the final map, provisions for the repair and maintenance of the private sewer shall be included in the CC&R's for this CUP. The City Engineer and City Attorney shall approve the final form prior to recordation. 31. Applicant shall pay sewer Extension (Annexation) and Connection fees upon issuance of building permit. 32. All sewer main taps will be done by the City of Atascadero. The developers shall pay a sewer tap fee. 33. Sewer connection permit shall be issued separately (from building permit) after public sewer extension has been completed and has received a satisfactory final Public Works inspection. Final project inspection shall be contingent upon completion of the public sewer extension and Public Works final inspection. Solid Waste Conditions: 34. Atascadero Waste Alternative shall approve the location, size and design of all solid waste facilities. The facilities shall include room for recycling and green waste containers. The location of the facilities will take into account the collection of the solid waste. Atascadero Mutual Water Compa ny Standard Conditions 35. Prior to the issuance of building permits, 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 (AMWC). The plans shall show all facilities required for fire protection. The plans shall show all cross -connection devices required to isolate the fire protection and landscape irrigation systems from the domestic water system. Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2003-0088 /Monitoring Measure PS: Planning Services 8810/8850 Morro Rd BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney FO: Final Occupancy 36. Before the start of construction on the water system improvements, the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. 37. Prior to the issuance of building permits, the applicant shall obtain a "Will Serve" letter from the Atascadero Mutual Water Company. 38. All water distribution facilities shall be constructed in conformance with AMWC standards, policies and approved procedures. All cross connection devices shall be constructed in conformance with AWWA and Department of Health Services standards. 39. Before the issuance of building or permits, the applicant shall provide AMWC with easements for those water facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 40. The applicant shall obtain a separate landscape -irrigation meter from AMWC for the common areas within the project. Landscaping for common areas shall be drought -tolerant. The landscaping for common areas shall conform to the mitigation measures noted in Table II -7, Hydrology and Water Quality, of the General Plan 2025. The applicant shall keep the use of turf grass in common area landscaping and in other areas to a minimum. EXHIBIT B: Proposed Mitigated negative Declaration Conditional Use Permit 2003-0088: Creekside Commercial Center This page intentionally left blank EXHIBIT C: Conceptual Master Plan Development CUP 2003-0088 Drainage swale location 10 -foot min setback from curb ii Al �7 --�-�r------ w f-4--Rr--- M*MY:41 (MOIMlO ROAD) 1 20 -foot min setback from reservation 15 -foot min setback EXHIBIT D: Architectural Context/Design Guidelines CUP 2003-0088 Combination of one and two story Varied Roofelements Form I Approved Morro Road building frontage with contextual design elements specified. I Approved Morro Road building frontage. W W EXHIBIT E: Tentative Tract Map CUP 2003-0088 CP F— d C17 SlS�V!!!! e o ttf�fL F f- •a• ILHOW flf•s9f g ei� Nt 1 aftwAkgm Paolo "WINVLV I ki .r m EXHIBIT F: Preliminary Landscape Plan CUP 2003-0088 w'��""' YJ�O�WUYJfYIY VYO�Of�IN T { ,�,r�„o1• — I 1MIN.Y.,t7.�q lYla[��M1)i1af7111! UIriNYW � �� �. ��anQ�ai�eeu• ' Trash enclosure . screening Eliminate required Parking Space/Add CtKu shade tree \J ' ot1 t I n - t l I FY--�LOO o 6 shade trees to be Native trees: Creek added revegetation/restoration I EXHIBIT G: Preliminary Grading & Drainage Plan CUP 2003-0088 (MM �AVANOIH EXHIBIT H: Biological Assessment CUP 2003-0088 SIERRA DEL 7 A CORPORA TION 935 Ithmido Awnuc;.Lite 21 Pau+ Robles, California 93446 (805)279-9293 Fora. (805) 179.9309 Fmed:.ctcmdlriltcan not EtIVED 7 2003 EVELOPMENT _ Itnhh hdrmJlr. President mrd Cti0 December 15, 2003 Mr. Kelly Gearhart 6205 Alcantara Avenue Atascadcro, CA 93422 RE: Biological Survey for Morro Creek Business Center, Highway 41, Atascadero, San Luis Obispo County, California, 93422. Dcar Mr. Gearhart: Sierra Della Corporation ("SDC") biologist, Kelly Gillogly. conducted a site reconnaissance for the Project Site (Morro Creek Business Center) located on Highway 41, Atascadero. California. on October 8 and again on December 15. 2003. The Project Site is located south of Atascadero Crock, within the City of Atascadero. SDC referenced RTC Engineering's development plans for the Projcct Site and identified the areas of proposed development prior to the site reconnaissance. The California Natural Diversity Database ("CNDD") documents 5 sensitive species as occurring in the vicinity of the proposed project. The folloning table lists those species. SCIENTIFIC NAME COMMON NAME LEGALSTATUS Federal / State / CNPS & RED code Arciaaraphvloc pdasula Santa Margarita maurinita — / — / List 1 B. 3-2-3 Arctosraphvlos wellsii Well's marvinita — / — / List 1 B, 2-3-3 Astragalus didymocarpur var. milesianus Mile's milk vetch — / — / List IB, 2-2-3 ('hurizanthe reclispina Straight spined awnflower FSC / — / List IB. 3, l,3 Arodium macropk4lum Round leaved filarcc —/—/ List 2. 2-3-1 Pnlo-phvlla nubila Alascadcro June beetle FSC I — / — Status Codes: (.%ITS Rare - Endangerment - Distribution 1•ederal: FSC = Federal Species of Concern Rare: 1) rare. but fomrd in sufficient numbers and distributed widely enough that the potential for extinction is low at this time: C'alffurnin Native Plant %ciely (CN11S) 2) distributed in a litnited number of occurrences, occasionally more if each occurrence is small; 3) distributed in one to several List 18 - rare, threatened, or endangered why restricted occurrcn=. or present in such small numbers in California and elsewhere. that it is seldom reported. List 2 = plants rare• threatened. or Endangerment: 1) not endangered: 2) endangered in a portion of endangered in California, but more its range: 3) endangered throughout a portion of its range. common elsewhere. Distribution: 1) more or loss widespread outside California, 2) rare outside California. 3) endemic to California. - Your Future is 7'a1irv... IFe 11e1p:61ake it happen! - EXHIBIT H: Biological Assessment CUP 2003-0088 However. none of these species are expected to oocur on the projecl site based on absence of vegetation within lite setback arca, the distance to documented occurrenex, and the absence of suitable habitat. During the site investigation, the location of the crock and riparian areas were identified in relalion to the proposed development. The City of Atascadero has a creek setback ordinance.. Policy 8.2 of the General Plan, which establishes setbacks for development along crocks. This policy was recently revised to incorporate a 35 foot crock setback measured from the creek reservation. Based on the site reconnaissance, review of documents, and lite review of the proposed development plans. SDC found the following: The proposed project plans to landscape up to the creek reservation, within the 35 foot setback. The 35 foot setback is currently void of vegetation. After review of the CNDD, no sensitive species are expected to occur in the vicinity of the proposed project, based on the lands present condition, the distance to known populations, and absence of suitable hahitat. With regards to sensitive species, the proposed project and landscaping will have less than significant impacts to the site. Development with the setback area should not have any negative impacts to the creek or its riparian habitat, as the land is currently void of vegetation. A California sycamore (Pfantamrs racemasa) was observed near the northwest corner of the site and a valley oak (Quercus fobata) was observed on the north central portion of the Project Site. Both of these trees are protected under the City of Atascadero's native tree ordinance requiring review prior to construction. Attached hereto are photographs of the proposed project setback arra. Should you have any questions or additional information requests. please contact the undersigned at 805.239.9293. Respectfully, MrRMA DLYTA inOYV Fo,L ,�� ErD6wuuy! , Robb Eidenillcr RIE/kdg — Your Figure is Today... Me tletp Make it Happen! ,- EXHIBIT 1: Soils Report CUP 2003-0088 This page intentionally left blank EXHIBIT J: Arborist Report CUP 2003-0088 Irl i 1 uproe I ane. Iernpleton. California 9-3465 Dane: 10-04-03fo: Kelly Gearhart From. Steven Alvarez Chip Tamagni Certified ArNmsts. A K 1 Arbonsts Re: Creekside Development, Atagcadero Ibis report is in regards to the two White oak trees (Quvreu% tsdkrra) located in the above-nankd development. One tree with a 20•inch diameter is sc ltedulcd to he removed. The other tree ('h inch dbh) is scheduled to be -.wed. the arca undcrncath the drip4inc of this tree has alrctdy bex:n graded, however. on-site inspcctiotn %ho%cd no ruse damage. The grading plans had originally showed this tree to he removed but no" it will he mitigated and saved 1 hie tree will have a tree well constructed at a minimum often feet out from the trunk to preserve the original grade: of the soil. The tns shall only have a maximum of 20% encroachment into the drip -line. Underground drainage must Lx - provided so no ponding occurs within the tree well. A ccniticd arborist nnust nkNtitor any foundation uetx:hing for the tree well w; this work will occur within the drij-line The construction fencing currently in place must be re -located to a minimum distance often feet ftom the train stem ol'the tree. I•his tree has already received a class 11 prone and will rukluirr no additional pruning. W,c use a tree rating of 1-10 for visually cstablishing the overall condition of each tree on the sprra<l,hect A retina of rem is used for the one dead neve in the potential impact •�n.r •1 [me r!ling of nese is uwd :.,: a nuc :h.0 ha; cvidrnca: of nuwivr p:u-t tarlurcs, extreme disease and is severe decline. A rating of two is for a tree that may be saved with attention to class 4 pruning. inset:Vpest eradication and future monitoring. A rating of three includes trees with suntr Mst failures some pests or structural defects that may he mitigated by pruning.. A rating of 4 will include trees that have minor past failures. excessive deadwood or minor structural defects that can be mitigated with pruning. A rating of lire is a relatively healthy trey; with little visual structural and or pest defects A rating of six is used for a hcalthv tea: that probably cats N, left in its natural state. Ratings 7-9 arc used for trees that have had pntper arlwricultural priming and attention and have no apparent structural defects. A rating of ID is used for a specimen tree with perfect shape. strmture and foliage in a protected setting Ii.e. park. arbcxetum). EXHIBIT J: Arborist Report CUP 2003-0088 Me following mitigation mcasurec/ntethod. must be fully understood and followed by anyone working within the critical root zone of any oak tree. Any nect'Mry• clarification will be provided by us (the arbcwists) upon request. 1. Fesciag: l*hc proposed fencing is highlighted in orange on the grading plan. It must K-3 minimum of X high chain little. stow or safety fence staked at the drip -lint or line of encroachment for each tree or group of trees. The fence must be up betbrc any construction or earth moving befits. Thr owner shall he responsible for maintaining an erect farce throughout the construction period. The arborist(s). upon notification. will inspect the fence placement ones it is erected 2. Soil Aeration Methods: Soils under the drip -lines that have been compacted by heavy equipment xWor construction activities must be retumcd to their original state before all work is completed. Methods include water jetting, adding organic matter. and boring small holes with an auger (!R" deep. 2-Y apart with a 24" auger) and the application of modeadte amounts of nitrogen fertilizer. The arborist(s) shall advise. 3. LLp Mulch: All areas within the drip -line of the Incl that cannot be fenced shall receive a 4-6" layer ofchip mulch to retain moisture. soil structure and reduce the effects of soil compaction. 4. Trenching Within The Drip -line: All trenching under the drip -line. of native trees shall be hand dug, augured or bored. All major roots shall be avoided whenever pussiblc. All exposed roots larger than I" in dianwter shall be cleatr cut with sharp pruning tools and itot Icft ragged. S. Grading Within The Drip4ine: Grading should not encroach within the drip -line. If grading is necessary. conaruction of retaining walk or tree wells or other protection mcasutes may be neceszor) to insure; the survivability of the trees. Chip mudch 4.6" in depth may also be required in these areas Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. 6. Exposed hoots: Any expowd tows shall be recovered the same day they wen exposed. if they cannot. they must be covered with burlap or another suitable material and wetted down'—'% per day until re -burin d. 7. Paving Within The Drip -line: Pervious surfacing a preferred within the drip -line of any oak tree. Arborist(s) will advise. S. Equipment Operation: Vehicles and all heavy e4uipment shall rex be driven under the tree -s.:% this will contribute to soil compaction. Also there is to he no parking of equipment or personal vehicles in these areas. 9. Existing Serfaces: lire existing ground sur face within the drip -lint of all oak lrev`4 shall not be cut. filled. compacted or pored. EXHIBIT J: Arborist Report CUP 2003-0088 16. Comtruction Materials And Waste: No liquid or solid construction waste shall be dumped on the grcxwnd within the drip -line of any oak tree. 11. Arborist Monitoring: An arborist shall he pre -ant for selected activities (trees identified on spreadsheet) and pre construction fixice placement. The monitoring docs not necessarily have to he continuos, but ohsvxvational at times during the above activities. IL Pre-Coomtruetion Meeting: An ort-%itc prc•construcliun nweting with the Arixxist(s). Owner, Planning Staff', and the earthy moving team may he required for this project. Prior to final occupancy, a leder from the arborist(s) shall be required verifying the heal IWcondition of all impacted tress and providing any recommendations for any additional mitigation. The letter hall verify that the artxxist(s) erre on site for all grading andror trenching activity that encnxuhcd into the drip•linc of the scictitcd native tact and that all wtvrk done in these areas was completed to the standards set forth "hove All trees potentially impacted by this prgicct are numbered and identified on both the grading plan and the spreadsheet. Trees arc numbered in red ink on the grading plans. Ttve protection fencing is highlighted in orange. Trees to be removed have a red X on the grading plans and trees to be saved are highlighted in yellow. Trees to he mmovad have red flagging tape and tyres to be saved have yvllow lave. The included spreadsheet includes trees listed by number, species and muftiplc sums if applicable, diameter and breast height (4 51. condition (scale from poor to excellent). status (avoided, impacted, removed, exempt), percent otdrip-line impacted. mitigation tvquitvd (fencing. root pruning), etm3tntetion impact (house. road. etc.) and individual tree notes. Pleirse let us know if wT can be of any f mw%., assistance to you for this project. Steven G. Alvarez Certified Arborist NWC 0511 Chip Tamagni Certified Arborist #WE 6436-A Attachment 3: Draft Resolution PC 2004-0029 CUP 2003-0088 DRAFT RESOLUTION PC 2004-0029 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING VESTING TENTATIVE TRACT MAP 2003-0046, A NINE LOT TRACT MAP CONSISTENT WITH MASTER PLAN OF DEVELOPMENT (CUP 2003-0088), APN 031-291-0219 024 (Gearhart) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Ave, Atascadero, CA 93422), Applicant, for a Conditional Use Permit (CUP 2003-0088) and associated Tentative Tract map (TTM 2003-0046) to establish a 9 lot commercial- office center; and, WHEREAS, the site's General Plan Designation is GC (General Commercial); and, WHEREAS, the site's current zoning district is CR (Commercial Retail); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Tract Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on March 16, 2004, studied and considered Tentative Tract Map 2003-0046, 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 of Approval for Tentative Parcel Map, the Planning Commission of the City of Atascadero 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 proposed subdivision, as conditioned, is consistent with the Master Plan of Development (CUP 2003-0088). 4. The site is physically suitable for the type of development proposed. 5. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. SECTION 2. Approval of Tract Map. The Planning Commission of the City of Atascadero, in a regular session assembled on March 16, 2004, resolved to approve of Vesting Tentative Tract Map (TTM 2003-0046) subject to the following: 1. Exhibit A: Vesting Tentative Tract Map 2003-0046 2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program. 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 Atascadero Planning Commission Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Vesting Tentative Tract Map rTM 2003-0046 Exhibit B: Conditions Of Approval / Mitigation Monitoring Program TTM 2003-0046 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TTM 2003-0046 SIP: Subdivision FD: Fire Department Improvement Plans PD: Police Department FM: Final Map CE: City Engineer 8810/8850 Morro Rd. Temporary Occupancy Occupancy : Wastewater CA CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Planning Services 1. The approval of this Tentative Parcel Map shall not become final and FM PS effective following approval of Conditional Use Permit 2003-0088. 2. Approval of this Tentative Parcel Map shall be valid for two years FM PS after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the authority to FM PS approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The Parcel Map shall be subject to additional fees for park or FM PS recreation purposes (QUIMBY Act) as required by City Ordinance. 5. The granting of this entitlement shall apply to the property located at On going PS 8810 and 8850 Morro Rd (APN 031-291-021, 024) regardless of owner. 6. The Final Map shall be drawn in substantial conformance with the FM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 7. The subdivider shall defend, indemnify, and hold harmless the City FM PS 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. 8. The final map shall be consistent with the approved Master Plan of Development (CUP 2003-0088) for the project site including building envelope locations. 9. All site work, grading and site improvements shall be consistent with the Master Plan of Development as shown in EXHIBIT B. All common parking areas and site improvements shall be completed prior to recordation of the final map. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TTM 2003-0046 SIP: Subdivision FD: Fire Department Improvement Plans PD: Police Department FM: Final Map CE: City Engineer 8810/8850 Morro Rd. TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Building Services 10. A soils investigation prepared by a licensed Geotechnical FM PS, BS, CE Engineer is to be provided for the project. The report is to be provided at the time of building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. Fire Marshal 11. A letter shall be provided from Atascadero Mutual Water FM CE Company stating the minimum expected water available to the site. Amount available must meet minimum requirement specified in the California Fire Code. 12. Address signage design shall be provided prior to issuance of any FM CE building permits. 13. Fire lanes shall be delineated to restrict parking as required by the FM CE Fire Authority. City Engineer Standard Conditions 14. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 15. In the event that the applicant is allowed to bond for the public improvements required as a condition of the final map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 16. An engineer's estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. 17. The Subdivision Improvement Agreement shall record concurrently with the Final Map. 18. An encroachment permit shall be obtained prior to the issuance of building permit. 19. The applicant shall enter into a Plan Check/Inspection agreement with the City. 20. A six (6) foot Public Utility Easement (PUE) shall be provided where needed. 21. The applicant shall be responsible for the relocation and/or alteration of existing utilities. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TTM 2003-0046 SIP: Subdivision FD: Fire Department Improvement Plans PD: Police Department FM: Final Map CE: City Engineer 8810/8850 Morro Rd. TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 22. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 23. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 24. The applicant shall acquire title interest in any off-site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 25. Slope easements shall be provided as needed to accommodate cut of fill slopes. 26. Drainage easements shall be provided as needed to accommodate both public and private drainage facilities. 27. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the map. 28. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 29. The final map shall be signed by the City Engineer prior to the map being placed on the agenda for City Council acceptance. 30. Prior to recording the final map, the applicant shall submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance shall submit the map for review and approval. 31. Prior to recording the final map, the applicant shall set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 32. Prior to recording the parcel map, the applicant shall pay all outstanding plan check/inspection fees. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TTM 2003-0046 SIP: Subdivision FD: Fire Department Improvement Plans PD: Police Department FM: Final Map CE: City Engineer 8810/8850 Morro Rd. TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 33. Prior to recording the map, the applicant shall complete all improvements required by these conditions of approval. 34. Prior to recording the map, the applicant shall have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 35. Upon recording the final map, the applicant shall provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map and a digital copy of the map. 36. Prior to the final inspection of any public improvements, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 37. Prior to the final inspection, the applicant shall submit a written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. City Engineer Site Specific Conditions 38. Public Improvements: ■ Morro Road. Full frontage improvements are required with this development from the southerly project boundary to San Diego Way. These include pave out for additional travel lanes with adequate width for bicycles, curb, gutter, landscaping and sidewalk. The Construction documents will be approved by and an encroachment permit will be obtained from Caltrans. The asphalt will transition back to the existing edge of pavement at the south end of the project at a 5:1 ratio. Public Improvement plans shall be submitted detailing the design. Cross sections shall be submitted detailing the existing and proposed cross fall on EI Camino Real. 39. Drainage: ■ Drainage calculations are required per section 5 of Atascadero Engineering Standards. The storm water shall be retained and metered out to not erode or damage downstream facilities. The "Retention Areas" will be sized for Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TTM 2003-0046 SIP: Subdivision FD: Fire Department Improvement Plans PD: Police Department FM: Final Map CE: City Engineer 8810/8850 Morro Rd. TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy the detention of the 50 year developed storm runoff, while metering out the historic flow at a rate similar to the storm event. ■ Site runoff shall enter Creek Reservation filtered, metered and non-concentrated, by means of a drainage swale or other device, subject to City Engineer approval. ■ A Storm Water Pollution Prevention Plan shall be produced and approved by the Regional Water Quality Control Board and the City of Atascadero. These plans shall recommend mitigation measure during and after construction to eliminate point and non point source pollution. The use on onsite grading feature to pond and percolate storm water is recommended. A filter system, mechanical or non, shall be installed with this project. This system shall comply with the intent of National Pollution Discharge Elimination System, Phase II requirements. ■ Obtain approval by the City Engineer of the grading & drainage plan and the storm drain design & facilities. ■ Storm water from 4 lots to the south of this site drains onto the site. This storm water will be allowed to continue to enter the site unless other provisions are made to handle the storm water. The storm flow will be conveyed across the site in easements and leave the site in a non-erosive or concentrated manner. ■ Concentrated drainage from other lots be conveyed across the project site in drainage easements 40. CC&R's, or other funding and maintenance agreement shall be submitted for approval by the City Engineer and City Attorney prior to recording the final map. The agreement shall cover scheduled maintenance of the shared access areas, and maintenance of the drainage facilities. Wastewater Department Standard Conditions 41. Gravity mains and other sewer facilities within the Property shall be privately owned and maintained. 42. Prior to recording the final map, provisions for the repair and maintenance of the private sewer shall be included in the CC&R's for this CUP. The City Engineer and City Attorney shall approve the final form prior to recordation. 43. Applicant shall pay sewer Extension (Annexation) and Connection fees upon issuance of building permit. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TTM 2003-0046 SIP: Subdivision FD: Fire Department Improvement Plans PD: Police Department FM: Final Map CE: City Engineer 8810/8850 Morro Rd. TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 44. All sewer main taps will be done by the City of Atascadero. The developers shall pay a sewer tap fee. 45. Sewer connection permit shall be issued separately (from building permit) after public sewer extension has been completed and has received a satisfactory final Public Works inspection. Final project inspection shall be contingent upon completion of the public sewer extension and Public Works final inspection. Solid Waste Conditions: 46.Atascadero Waste Alternative shall approve the location, size and design of all solid waste facilities. The facilities shall include room for recycling and g-een waste containers. The location of the facilities will take into account the collection of the solid waste. Atascadero Mutual Water Company Standard Conditions 47. Prior to the issuance of building permits, 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 (AMWC). The plans shall show all facilities required for fire protection. The plans shall show all cross -connection devices required to isolate the fire protection and landscape irrigation systems from the domestic water system. 48. Before the start of construction on the water system improvements, the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. 49. Prior to the issuance of building permits, the applicant shall obtain a "Will Serve" letter from the Atascadero Mutual Water Company. 50. All water distribution facilities shall be constructed in conformance with AMWC standards, policies and approved procedures. All cross connection devices shall be constructed in conformance with AWWA and Department of Health Services standards. 51. Before the issuance of building or permits, the applicant shall provide AMWC with easements for those water facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 52. The applicant shall obtain a separate landscape -irrigation meter from AMWC for the common areas within the project. Landscaping for common areas shall be drought -tolerant. The landscaping for common areas shall conform to the mitigation measures noted in Table II -7, Hydrology and Water Quality, of the Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TTM 2003-0046 SIP: Subdivision FD: Fire Department Improvement Plans PD: Police Department FM: Final Map CE: City Engineer 8810/8850 Morro Rd. TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy General Plan 2025. The applicant shall keep the use of turf grass in common area landscaping and in other areas to a minimum. Mitigation Measures Mitigation Measure 1.c.1: A landscape plan prepared by a qualified professional is required. Landscaping shall consist of City approved street trees placed a minimum of 30 feet on center. All street trees shall be 24" box size. All other landscape trees and shrubs shall be a minimum 15 -gallon size. Mitigation Measure 1.c.2: A qualified biologist shall review and approve a revegetation plan for the portion of the site adjacent to Atascadero Creek as required by the project biological survey report dated December 15, 2003. Riparian revegetation shall consist of 24" box native species trees spaced informally within the 20 -foot required creek setback area. Mitigation Measure 1.d: 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 15 -feet in height, shall limit intensity to 2.0 foot candles at ingress /egress, and shall otherwise provide a 0.6 foot candle minimum to 1.0 maximum in parking areas. The proposed lighting plan shall accomplish a zero footcandle reading at the property line. Fixtures shall be shield cut-off type. Wall mounted fixtures at rear of buildings facing adjacent properties, except at exits, shall be avoided. Conditions of Approval / Mitigation Monitoring Program TTM 2003-0046 8810/8850 Morro Rd. Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 3.b: The project shall be conditioned to 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 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 15 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 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 Measure 4.b.1 : Future building permit plans shall be reviewed by a qualified biologist. The applicant shall implement any recommendations made by the project biologist, including: c. Revegetation within the 35 -foot creek setback. d. Protection of the native sycamore tree at the northwest corner of the site Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TTM 2003-0046 SIP: Subdivision FD: Fire Department Improvement Plans PD: Police Department FM: Final Map CE: City Engineer 8810/8850 Morro Rd. TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Mitigation Measure 4.e.1: Grading and excavation and grading work shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: G. All existing trees outside of the limits of work shall remain. H. Earthwork shall not exceed the limits of the project area. I. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. J. Vehicles and stockpiled material shall be stored outside the dripline of all trees. K. 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. L. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 4.e.2: The applicant shall provide a soils report and analysis which addresses the current and possible future creek flow patterns and its impact on creek bank stability in relation to the proposed project. If it is determined by a qualified engineer that no impact will result, the applicant may reduce the creek setback from 35 feet to 20 feet. Mitigation Measure 6.b: All disturbed areas, not shown on the project landscape plan for landscaping shall be landscaped with one or more of the plant materials listed on the landscape plan legend. All elevated pads shall be landscaped with appropriate shrubs and s hall be contoured to blend naturally with the finished and/or existing grade. Duration of the project: The contractor will be responsible for the clean- up of any mud or debris that is tracked out on to EI Camino Real by construction vehicles. Mitigation Measure 6.c.d: A soils report shall be required to 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. Any excavation recommendations that encroach into the 20 -foot creek setback area shall address creek bank stability and shall be reviewed by the project biologist. The property contains no unusual geological formations. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TTM 2003-0046 SIP: Subdivision FD: Fire Department Improvement Plans PD: Police Department FM: Final Map CE: City Engineer 8810/8850 Morro Rd. TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Mitigation Measure 8.e.f.1: A Stormwater Pollution Prevention Plan (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. 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 all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop work orders. Mitigation Measure 8.e.f.3: The applicant shall comply with all standards set by the City engineer related to the filtration and dispersion of site runoff into Atascadero Creek. Mitigation Measure 11.d.1: All construction activities shall 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.