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HomeMy WebLinkAboutPC_2004-04-07_AgendaPacketCITY OFATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Wednesday, April 7, 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 16, 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. Zone Change 2002-0025, Code Text Amendment pertaining to the Noise Ordinance and restriction of motorcycle use on private property. Applicant: City of Atascadero Project Title: Zone Change 2002-0025 Project Applies City wide Location: 5802 Traffic Way, Atascadero, CA 93422 Project PROPOSED ZONING CODE TEXT AMENDMENTS ADDING SECTIONS REGULATING Description: MOTORCYCLES AS AN ACCESSORY USE, OUTDOOR AMPLIFIED NOISE AND COST Description: RECOVERY FOR NOISE DISTURBANCES. 3. Conditional Use Permit 2004-0122, Traffic Way Mixed Use Applicant: Marc Eisemann, 4875 Shadow Canyon Rd., Templeton, CA 93465, Phone: 239-1701 Hugh Bateman, 5025 Shadow Canyon Rd., Templeton, CA 93465, Phone: 238-0297 Project Title: Conditional Use Permit 2004-0122 - Traffic Way Mixed Use Project 5802 Traffic Way, Atascadero, CA 93422 Location- (San Luis Obispo County) APN 029-322-012 Project The proposed project consists of an application for a Conditional Use Permit for a Description: Commercial/Residential Mixed -Use Development located on a .394 -acre parcel within the Downtown Commercial (DC) Zoning District. Three new buildings are proposed on site as follows: Building #1 includes vertical mixed-use with two commercial/retail uses on the lower floor facing Traffic Way and two 2 -bedroom residences on the upper floors each with an attached garage. At the rear of the site are two separate residential buildings, as follows: Building #2 includes a 2 -bedroom residence with an attached garage. Building #3 includes two 2 -bedroom residences each with an attached garage. Site improvements include guest parking and site landscaping. General Plan Designation: Downtown (D) Zoning District: Downtown Commercial (DC) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The Environmental proposed Mitigated Negative Declaration is available for public review from 3/17/04 through 4/5/04 at Determination: 6905 El Camino Real, Suite 6, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. 4. Zone Change 2003-0071, Conditional Use Permit 2003-0118, Tentative Parcel Map 2003-0052, 5559, 5569 Rosario / 5528 Tunitas PD -7 Applicant: William Mehring, 11190 Santa Lucia Rd., Atascadero, CA 93422, Phone: 466-1011 Project Title: 5528 Tunitas Avenue / 5559, 5569 Rosario Avenue; PD -7; Zone Change 2003-0071, Conditional Use Permit 2003-0118; Tentative Parcel Map 2003-0052 for a 4 -lot PD -7 subdivision. Project Rosario Avenue, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 029-081-010 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 three 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. Three 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 Mitigated Negative Declaration is proposed. The Environmental proposed Mitigated Negative Declaration was available for public review from 3/19/04 through 4/7/04 Determination: at 6905 El 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 April 20, 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. 4-07-04.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). ITEM NUMBER: 1 DATE: 04/07/04 DRAFT CITY OFATASCADERO PLANNING COMMISSION MINUTES Regular Meeting March 16, 2004 — 7:00 P.M. CALL TO ORDER Chairperson Kelley called the meeting to order at 7:00 p.m. and Commissioner O'Keefe led the Pledge of Allegiance. ROLL CALL Present: Commissioners Beraud, Fonzi, O'Keefe, Peterson, Porter, Jones and Chairperson Kelley Absent: None Staff Present: Community Development Director Warren Frace, City Engineer Steve Kahn, Deputy Community Development Director Steve McHarris, Associate Civil Engineer Jeff van den Eikhof, Associate Planner Kelly Gleason, Associate Planner Kerry Margason and Recording Secretary Grace Pucci. APPROVAL OF AGENDA MOTION: By Commissioner Porter and seconded by Commissioner Beraud to approve the agenda. AYES: Commissioners Porter, Beraud, Peterson, Fonzi, O'Keefe, Jones and Chairperson Kelley NOES: None ABSTAIN: None Motion passed 7:0 by a roll -call vote. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON MARCH 3, 2004. Commissioner Fonzi requested a revision to the Minutes of March 3, 2004 as follows: page 7, paragraph 5, second sentence, typo corrected to read, "The perception is that if we don't take care..." MOTION: By Vice Chairperson Jones and seconded by Commissioner Fonzi to approve the Minutes of March 3, 2004 as revised. AYES: Commissioners Fonzi, Beraud, Peterson, Porter, Jones and Chairperson Kelley NOES: None ABSTAIN: Commissioner O'Keefe Motion passed 6:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 2. Reconsideration of Tentative Parcel Mau 2000-0003 Applicant: William R. Safarjan, 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 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 Determination: TPM 2000-0003. Associate Planner Kerry Margason provided the staff report and answered questions of the Commission. PUBLIC COMMENT Alan Volbrecht, applicant's agent, spoke about the project and addressed the applicant's concern with the condition for further improvements of the unpaved driveway to the existing residence on Parcel 1. He asked that the driveway be left as it was in the original conditions leaving it in its currently approved status, which is red rock. Chairperson Kelley closed the Public Comment period. There was Commission discussion regarding the applicant's request to leave the driveway in its current condition. MOTION: By Commissioner O'Keefe and seconded by Commissioner Beraud to 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 with the change to Condition of Approval No. 10 to leave the driveway in its existing condition. AYES: Commissioners O'Keefe, Beraud, Porter, Peterson, Fonzi, Jones and Chairperson Kelley NOES: None ABSTAIN: None Motion passed 7.0 by a roll -call vote. 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 Location: 5690 Rosario Avenue, Atascadero, CA 93422 / 5495 Olmeda Ave., Atascadero, CA 93422 (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 Environmental proposed Negative Declaration is available for public review from 2/26/04 through 3/16/04 at Determination: 6905 El Camino Real, Suite 6, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Associate Planner Kelly Gleason provided the staff report and answered questions of the Commission. An addendum to this agenda item was distributed to the Commission. (Exhibit A) PUBLIC COMMENT Russ Thompson, applicant's representative, stated the applicant was in favor of the staff report, but requested two changes to the Conditions of Approval: 1) revise Mitigation Measure 5.a.1. to state "Project shall provide paver driveway consistent with arborists report." 2) Waive or modify Conditions of Approval No. 51 and 52 and Tentative Tract Conditions No. 44 and 45, applicant feels curb, gutter and sidewalks would be out of character with the neighborhood and would like the block wall to remain. Don Curl stated he lives across the street from this project and expressed his support. Chairperson Kelley closed the Public Comment period. Commissioner Peterson stated his opinion that curbs and gutters would be out of place in this area. Vice Chairperson Jones indicated that it is not consistent with the neighborhood to have curbs, gutters and sidewalks. Commissioner O'Keefe commented that applicants who put in a PD should provide some extra features for the benefit received, and the pavers add to the appearance of the project. Additionally, she would support the installation of a curb or some other feature that would provide a safe area for pedestrians. Commissioner Beraud expressed concern with the landscape plan stating that the landscaping around the trees is inappropriate because it requires too much water. She supports moving the retaining wall for better visibility. City Engineer Steve Kahn commented on a compromise to the requirement for curbs, gutter and sidewalks. He indicated a concrete curb and gutter would be reasonable. Chairperson Kelley stated that pavers for entire driveway were not necessary; they could be used around the tree only. He indicated the retaining wall should be relocated and should be the owner's responsibility. Curb, gutter and sidewalk would become more of a hazard than a help, and he would like to see an alternative plan that would accommodate drainage and widening of Rosario. The applicant was asked if he would consider designating a unit as affordable, eliminating the in lieu fee. Mr. Madruga was unsure where he could make changes to make a unit affordable, and would rather pay in lieu fees. MOTION: By Commissioner Beraud and seconded by Commissioner O'Keefe to adopt Resolution No. PC 2004-0030 recommending that the City Council certify Proposed Mitigated Negative Declaration 2004-0006; and, 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, adopt Resolution No. PC 2004-0032, with revised language as provided by staff, 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 to modify the requirement for curb and gutter to eliminate the sidewalk and to allow the applicant to use decomposed granite or any other hard surface compatible; and, adopt Resolution No. PC 2004-0033 with revised Condition No. 5 as provided by staff and to modify the requirement for curb and gutter to eliminate the sidewalk and to allow the applicant to use decomposed granite or any other hard surface compatible, recommending the City Council approve Vesting Tentative Tract Map 2003-0038 based on findings and subject to Conditions of Approval and Mitigation Monitoring. AYES: Commissioners Beraud, O'Keefe, Porter, Peterson, Fonzi, Jones and Chairperson Kelley NOES: None ABSTAIN: None Motion passed 7.0 by a Voll -call vote. 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 Location: 8810 and 8850 Morro Rd., Atascadero, CA 93422 (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 Description: lots 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. Environmental The proposed Negative Declaration is available for public review from 2/2/04 through 3/2/04 at Determination: 6905 El Camino Real, Suite 6, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Vice Chairperson Jones stepped down from consideration of this item stating he has an ownership interest in a commercial building within 150 feet of this project. Associate Planner Kelly Gleason provided the staff report and answered questions of the Commission. An addendum to this agenda item was distributed to the Commission. (Exhibit B) PUBLIC COMMENT Kelly Gearhart, Applicant, requested Condition of Approval No. 26 be adjusted to remove the requirement for full frontage improvements to San Diego Way. He also questioned the setback change to 20 feet instead of 35. Chairperson Kelley closed the Public Comment period. Commissioner Beraud expressed concern with allowing applicants to do grading ahead of time, which led to significant damage to an oak tree on this lot, causing its removal. She hesitates to allow grading permits to be separated from the building permit process. MOTION: By Commissioner Fonzi and seconded by Commissioner Peterson to 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 with the revisions provided by staff, and, adopt Resolution No. PC 2004-0029 approving Tentative Tract Map 2003- 0046 subject to the findings, conditions and exhibits as attached with revisions to Condition of Approval No. 26 and Tract Map Condition of Approval No. 38 to read: 1. Morro Road. Full frontage improvements are required with this development AYES: Commissioners Fonzi, Peterson, Porter, O'Keefe and Chairperson Kelley NOES: Commissioner Beraud ABSTAIN: None Motion passed 5:1 by a roll -call vote. Vice Chairperson Jones rejoined the hearing. DIRECTOR'S REPORT Community Development Director Frace informed the Commission that the City Council will hold a study session on second units at their next meeting—the Commission is invited to attend. Other items on the next Council agenda include hillside grading and mixed use. Commissioners were reminded of the planning conference at the end of the month. Reservations are being processed; let Annette Manier know of any changes. Director Frace discussed the agenda for the next Commission meeting on Wednesday, April 7, 2004. COMMISSIONERS COMMENTS Vice Chairperson Jones requested a copy of the staff report on second units be forwarded to the Planning Commission. Commissioner Beraud requested a copy of the Minutes from the Strategic Planning meeting. ADJOURNMENT Chairperson Kelley adjourned the meeting at 8:30 p.m. to the next regularly scheduled meeting of the Planning Commission on Wednesday, April 7, 2004. MEETING RECORDED AND MINUTES PREPARED BY: Grace L. Pucci, Recording Secretary The following exhibits are available for review in the Community Development Department. Exhibit A – Addendum to Agenda Item #3 Exhibit B – Addendum to Agenda Item #4 Atascadero Planning Commission City Attorney Report Zone Text Amendment: Regulation of Motorcycle Use in Residential Zones SUBJECT: The City Council has directed staff to address the issue of noise and dust caused by the use of motor driven cycles on residential property. RECOMMENDATION: Staff Recommends: Adopt Resolution PC 2004-0042 recommending that the City Council introduce an ordinance for first reading by title only to amend the residential accessory use zone text to include regulations pertaining to motorcycle use in residential areas. DISCUSSION: Background On February 10, 2004, the City Council held a public hearing on the issues of noise and dust generated by the use of motor driven cycles on residential property. Attached to this report is a copy of the staff report that was presented to the City Council at that time (Attachment 1). After hearing from many citizens, the Council directed staff to prepare an ordinance addressing the issue as one of use. The proposed amendment to Section 9-6.106 addresses the issue as directed by the City Council. Analysis During the City Council study session regarding recreational motorcycle use in residential neighborhoods, discussion focused on the extent to which regulations could be applied while maintaining resident's abilities to participate in recreational motorcycle use within such residential areas. After hearing from many citizens, the Council directed staff to prepare an ordinance addressing the issue as one of use. The proposed amendment to Section 9-6.106 is staff's recommended change to address the issue as directed by the City Council. Although direction was given as to the types of regulations to be examined, specific direction related to hours of operation, time limits, and/or number of vehicles operating at one time was not given. Thus, the proposed ordinance includes the city attorney's recommendation to limit daily use to 2 hours per day with a maximum of 2 motor driven cycles operating at any given time. The proposed ordinance also includes limits on the total weekly hours that motor driven cycles can operate on an individual property. CONCLUSION: The proposed ordinance amendment establishes standards in regards to motorcycle use in residential areas. The proposed ordinance address Council concerns related to recreational motorcycle use in residential areas, allowing for continued resident participation in these activities while limiting the extent of such use. ALTERNATIVES: 1. The Planning Commission can recommend that the City Council not update the existing noise ordinance standards as proposed. 2. The Planning Commission can refer the zone text amendment back to staff for additional information and/or alternatives to the proposed ordinance. PREPARED BY: Roy Hanley, City Attorney ATTACHMENTS: Attachment 1: Draft Resolution PC 2004-0042 Attachment 1: Draft Resolution 2004-0042 DRAFT RESOLUTION PC 2004-0042 A RESOLUTION OF THE ATASCADERO PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE ZONE CHANGE 2002-0025 TO AMEND THE ZONING ORDINANCE TO ADD RECREATIONAL MOTORCYLE USE AS A RESIDENTIAL ACCESSORY USE (ZCH 2002-0025: Residential Accessory Use Text Amendment) WHEREAS, the Planning Commission has determined that additional regulations are necessary in order to further reduce the harmful effects of motorcycle use in residential neighborhoods; and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to update the Zoning Ordinance to add motorcycle use in residential neighborhoods as a residential accessory use; 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 April 7, 2004, studied and considered Zone Change 2002-0025; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Zone Text Change. Section 9-6.106 is amended to add a subsection "e" as follows: (e) Mini -bike, motorcycle, dirt bike, quad cycles or similar two wheel off-road motor vehicle riding is allowed subject to the following limitations: (1) No more than two such vehicles shall be operating at the same time. (2) Operation is limited to a maximum of two hours in a day. (i) This limit applies even if only one such vehicle is being operated. (3) Operation is limited to a maximum of eight hours in a week. (i) This limit applies even if only one such vehicle is operated. (ii) A week shall be measured from Monday through Sunday. 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 Atascadero Planning Commission City Attorney Report ZCH 2002-0025: Noise Ordinance Update Amendment to Article 9, Chapter 14 of the Atascadero Municipal Code Related to Exceptions to Noise Standards, the Application of Outdoor Amplified Noise, and Cost Recovery of Related Enforcement Actions and Repeal of Article 9, Chapter 4 of the Atascadero Municipal Code (City of Atascadero) SUBJECT: The City Council has directed staff to amend the existing noise ordinance to eliminate inconsistencies in the section related to exemptions to noise standards. The proposed ordinance update includes the elimination of conflicting regulations and the combination of valid exemptions under one unified section in the code. Staff has also identified concerns with other aspects of the City's current noise standards including: (1) outdoor amplified noise; (2) cost recovery for police department responses to noise disturbances. RECOMMENDATION: Staff Recommends: Adopt resolution PC 2004-0041 recommending that the City Council introduce an ordinance for first reading to amend Article 9, Chapter 14, Section 3, and repeal Article 9, Chapter 4, and amend Article 9, Chapter 14 to add sections 13 and 14 of the Atascadero Municipal Code. DISCUSSION: Background Staff's review of the noise ordinance was prompted by noise problems associated with the operation of the Home Depot Center, which have since been resolved. However, through resolution of this case, staff has discovered a number of inconsistencies that warrant an update to the current noise ordinance. Staff has determined that these inconsistencies were created during a 1992 ordinance update at which time the previous standards were not deleted. This led to the existence of two inconsistent ordinance sections related to exceptions to noise standards. The first ordinance was adopted in 1983 and included exceptions to noise standards in Article 9, Chapter 4 as listed below: (1) Construction and maintenance, or the demolition of structures between 7:00 a.m. and 9:00 p.m.; (2) Safety signals, warning devices, and emergency pressure relief valves; (3) Moving sources such as tractors, automobiles, trucks, airplanes, railroads, and boats, except where such moving sources are operated as part of sporting or entertainment events: (4) Emergency work to protect life or property, (5) Any other activity to the extent regulation thereof has been preempted by State or federal law; and, (6) Agricultural equipment including but not limited to, wind machines, water well pumps and pest -repelling devices. In 1992 the City Council adopted Article 9, Chapter 14 in what appeared to be a comprehensive set of noise regulations. The adoption of Article 9, Chapter 14 in 1992 did not expressly repeal the noise exemptions noted above, nor were they included in their entirety in the 1992 ordinance update. Specifically exemptions 2, 3, and 6 were not included in the exemption section of the new chapter. Extensive review of the history of the two ordinances has led the City Attorney to conclude that the reason the "exceptions" contained in the 1983 ordinance were not repealed in 1992 is that they were intended to still be in force and effect. This situation led to confusion during the resolution of the Home Depot Center case. During the city attorney's analysis of the requested code text amendment, additional noise related concerns were identified and solutions were incorporated into the proposed amendment. Staff is aware of problems caused by the use of outdoor noise amplification equipment for commercial and other purposes. Analysis Noise Ordinance Amendment: Absent environmental documentation, the City Council must maintain the more recently adopted and more stringent standard from 1992, leaving Article 9 Chapter 14 intact. Therefore, staff recommends a repeal of the 1983 standards and an integration of those "exceptions" from the 1983 ordinance that were not expressly included in the 1992 rules into the proposed ordinance amendment. At this time, staff is also recommending that exemptions be added for "normal parking lot noise" consistent with State law and "special construction activities" with limitations as noted. Staff notes that this proposal does not specifically address sources of noise that can cause annoyance. After extensive research on noise ordinances, the City Attorney recommends that the City Council consider addressing such issues by regulating the use of the offending noise generators. For example, by amending the ordinance to forbid or regulate by time the operation of leaf blowers or other similar noise generating devices. Outdoor amplified noise: Staff has identified outdoor amplified sound as an issue not addressed by current zoning standards. Staff is recommending that the use of such devices be limited and that these standards be included in the proposed code text update. The proposed ordinance would require persons wishing to use amplification devices outdoors to apply for and receive an administrative use permit or special event permit through the City. Such a permit would limit the application of such devices, the hours and location of operation, and the volume to which such devices can be set. This change is recommended by staff and does not come as a result of any previous City Council discussions or hearings. Cost Recovery: When and if the proposed amendment takes effect, it will likely result in an increase in the number of responses to noise disturbances by the Police Department. This is a costly use of limited department resources and, therefore, staff recommends the adoption of a cost recovery mechanism so that the person or persons causing a noise disturbance bear the cost of police department response to legitimate complaints. This change is recommended by staff and does not come as a result of any previous City Council discussions or hearings. CONCLUSION: The proposed ordinance amendment establishes clear standards related to the regulation of noise within the City of Atascadero and resolves existing inconsistencies among current code sections. The proposed update is consistent with the goals and policies set forth in the General Plan, and thus, staff recommends adoption of the prepared resolution. ALTERNATIVES: 1. The Planning Commission can recommend that the City Council not update the existing noise ordinance standards. 2. The Planning Commission can refer the zone text amendment back to the city attorney for additional information and/or alternatives to the proposed ordinance. PREPARED BY: Roy Hanley, City Attorney ATTACHMENTS: Attachment 1: Draft Resolution PC 2004-0041 Attachment 2: Chapter 4 Exemptions (1983 update) Attachment 3: Proposed Ordinance; Article 9, Chapter 14 Attachment 4: Previous Staff Report to City Council Attachment 1: Draft Resolution PC 2004-0041 DRAFT RESOLUTION PC 2004-0041 A RESOLUTION OF THE ATASCADERO PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE ZONE CHANGE 2002-0025 TO AMEND ARTICLE 9, CHAPTER 14, SECTION 3, AND REPEAL ARTICLE 9, CHAPTER 4, AND AMEND ARTICLE 9, CHAPTER 14 TO ADD SECTIONS 13 AND 14 OF THE ATASCADERO MUNICIPAL CODE. (ZCH 2002-0025: Noise Ordinance Update) WHEREAS, In 1983 the City Council of the City of Atascadero adopted certain noise regulations and exceptions and placed them in Title 9 Chapter 4 of the Atascadero Municipal Code; and, WHEREAS, In 1992 the City Council of the City of Atascadero adopted Article 9 Chapter 14 of the Atascadero Municipal Code entitled Noise, which Chapter contained new regulations and new exemptions from the noise ordinance; and, WHEREAS, the adoption of Article 9 Chapter 14 did not expressly repeal the noise regulations and exceptions contained in Article 9 Chapter 4, and this has led to confusion in the application of the exceptions to the noise ordinance contained in Chapter 4 and the regulations of noise contained in Chapter 14; and, WHEREAS, now the City Council wishes to repeal the less stringent noise standards established in 1983 to make it clear that the 1992 standards apply, and to make it clear that the noise standard exceptions from 1983 were not intended to be repealed and therefore they will be renumbered into Chapter 14 to avoid confusion; and, WHEREAS, the Planning Commission has determined that additional regulations are necessary in order to further reduce the harmful effects of noise on the community and its citizens; and, WHEREAS, the Planning Commission has determined that the cost of addressing noise disturbances resulting from violations of State law and/or the Atascadero Municipal Code ought to be borne by those creating and/or allowing the illegal noise disturbances; and WHEREAS, the Planning Commission has determined that the code forbidding construction activity prior to seven a.m. unreasonably interferes with special construction activities, such as pouring cement which during the hot summer months may not otherwise take place without endangering workers and reducing the quality of construction work; and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to update the Zoning Ordinance to amend current ordinances related to noise, noise exceptions, and cost recovery of related enforcement acts; and, WHEREAS, the Planning Commission has determined that this ordinance will not lead to any significant environmental effects and is therefore exempt under CEQA; 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 April 7, 2004, studied and considered Zone Change 2002-0025; and, NOW, THEREFORE, the Planning Commission recommends the following amendment: SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on April 7, 2004 resolved to recommend that the City Council introduce for first reading an ordinance by title only that would amend the Zoning Ordinance as stated: Section 9-14.03 of the Atascadero Municipal Code is amended to read as follows: 9-14.03 Noise source exemptions. The following activities shall be exempt from the provisions of this chapter: (a) City or school sanctioned activities conducted in public parks, public playgrounds and public or private school grounds, including but not limited to school athletic and school entertainment events; (b) Any mechanical device, apparatus or equipment used, related to, or connected with emergency activities or emergency work; (c) Noise sources associated with construction, provided such activities do not take place before seven a.m. or after nine p.m.; (1) An exception for special construction activities may be granted, in advance, at the discretion of the Community Development Director when heat and/or other weather factors justify an exception. Any exception granted may specify conditions and limits. It shall be unlawful to violate any such conditions or limits imposed as part of a grant of exemption. (d) Noise sources associated with the maintenance of residential property provided such activities take place between the hours of seven a.m. and nine p.m.; (e) Noise sources associated with agricultural activities on agricultural property; (f) Noise sources associated with a lawful commercial or industrial activity caused by mechanical devices or equipment, including air conditioning or refrigeration systems, installed prior to the effective date of the ordinance codified in this chapter; provided that this exemption shall expire one (1) year after the effective date of the ordinance codified in this chapter; after which time notice and nuisance abatement proceedings shall be initiated; (g) Noise sources associated with work performed by private or public utilities in the maintenance or modification of its facilities; (h) Noise sources associated with the collection of waste or garbage from property devoted to commercial or industrial uses; (i) Any activity to the extent regulation thereof has been preempted by State or federal law; 0) Safety signals, warning devices, and emergency pressure relief valves; (k) Moving sources such as tractors, automobiles, trucks, airplanes, railroads, and boats, except where such moving sources are operated as part of sporting or entertainment events; (1) Agricultural equipment including but not limited to, wind machines, water well pumps and pest repelling devices. (m) Incidental commercial parking lot noise generated by customers. Section 9-4.163 is repealed in its entirety. Article 9 Chapter 14 is amended to add Section 9-14.13 Amplified Sound. Sec. 9-14.13 Amplified sound. (a) It shall be unlawful for any person other than authorized personnel of law enforcement or government agencies, to install, use, or operate within the City any voice amplification device or sound amplifying equipment, including but not limited to those attached to or housed within any vehicle, boat or aircraft, including sound trucks for the purposes of giving instructions, directions, addresses, lectures or transmitting music to any persons or assemblies in or upon any street, alley, sidewalk, park or public property or any open space generally available to the public, without prior approval through an administrative use permit granted by the City. One time events must obtain a special event permit for amplified sound use instead of an administrative use permit. (b) Under such a permit, the commercial and noncommercial use of sound amplifying equipment shall be subject to the following limitations: (1) Only music, human speech or a combination of the same shall be permitted. (2) The operation of sound amplifying equipment, including outdoor paging systems, for commercial purposes shall be limited to no greater than the hours of 8:00 a.m. to 7:00 p.m. on weekdays, 9:00 a.m. to 6:00 p.m. on Saturdays and 10:00 a.m. to 4:00 p.m. on Sundays and holidays. (3) Sound amplifying equipment shall not be operated within two hundred (200) feet of any church, school, or hospital while any of these facilities are in operation. (4) In all events, the volume of sound and the hours of operation shall be so controlled that the sound will not be unreasonably loud, raucous, jarring, disturbing or a nuisance as defined by the Atascadero Municipal Code. (5) Such conditions as are imposed on time of usage, level of volume, and quantity of equipment in the permit approval because of location of the usage. Section 9-14.14 is added to the Atascadero Municipal Code to read as follows: 9-14.14 Cost Recovery for Responses to Disturbances. (a) Definition. The definitions in this section apply to the following terms as used in this part: (1) "Disturbance" shall include conduct creating any disturbing or loud noise in violation of the Atascadero Municipal Code. (2) "Response shall mean the arrival of a police officer at the scene of a disturbance to render whatever service is reasonably required in order to stop a disturbance. (3) "Responsible parry" is any person who owns, leases or is lawfully in charge of the property where the disturbance takes place, or any person who organizes, controls or participates in a disturbance. If the responsible person is a minor, then the parent or guardian who has physical custody of the child at the time of the disturbance shall be the responsible person who is liable. (b) Responses to disturbances. (1) No responsible party shall cause, permit or tolerate a disturbance. (2) Whenever a police officer at the scene warns any responsible parry present to discontinue the disturbance, the responsible party shall be liable for the actual cost of each subsequent response required for a disturbance within twelve hours of the first response. (3) At the first response, the responding police officer shall give an oral and/or written warning to one or more of the responsible parties present that the disturbance must cease immediately, and that if a second or subsequent response to the disturbance is required within twelve hours following such notice, a response fee shall be charged to any responsible party for all responses after the first response. (4) All responsible parties shall be jointly and severally liable for the response charge regardless of whether or not a responsible party received an oral or written warning pursuant to Section 9-14.14 (b)(c). (c) Charging for responses. (1) The response charge shall be the actual cost of police services including, but not limited to, personnel and equipment, incurred for each subsequent response within the twelve-hour period following the first response. (2) The bill or charges shall be served by the chief of police upon the responsible parry within thirty days after the last response to a disturbance. (3) The total amount of the response charge shall be deemed to be a civil debt to the city and the director of finance may take such action to recover the costs as the city is authorized to do by law for the recovery of a civil debt. The bill of charges shall state the response fee. (4) The bill of charges and any other notices required by this part shall be served upon the responsible parry in accordance with Section 1-6 of the Atascadero Municipal Code. If the responsible party has no last known business or residence address, then the scene of the disturbance shall be deemed to be the proper address for service of notice. (5) The bill of charges shall include a notice of the right of the person being charged to request a hearing before the appeals hearing board within ten days of service of the bill to dispute the imposition of a response charge or the amount of the charge. 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 ITEM NUMBER: 3 DATE: 4-7-04 Planning Commission Staff Report Staff Report - Community Development Department Traffic Way Mixed Use Development CUP 2004-0122 (5802 Traffic Way / Eisemann) SUBJECT: The proposed project consists of an application for a Conditional Use Permit (CUP). The Conditional Use Permit would establish a commercial/residential mixed-use in -fill development with the City's downtown commercial zoning district. Three new buildings are proposed as follows: Building #1 includes vertical mixed- use with two commercial/retail uses on the lower floor facing Traffic Way and two 2 -bedroom residences on the upper floors each with an attached garage. At the rear of the site are two separate residential buildings, as follows: Building #2 includes a 2 -bedroom residence with an attached garage. Building #3 includes two 2 -bedroom residences each with an attached garage. The project site improvements also include guest parking and site landscaping. RECOMMENDATION: Staff Recommends: 1. Adopt Resolution No. PC 2004-0035 certifying Proposed Mitigated Negative Declaration 2004-0012; and, 2. Adopt Resolution No. PC 2004-0036 approving Conditional Use Permit (CUP 2004-0122) based on findings and subjects to Conditions of Approval and Mitigation Monitoring. ITEM NUMBER: 3 DATE: 4-7-04 Situation and Facts: 1. Applicant / Representative: Marc Eisemann 4875 Shadow Canyon Rd., Templeton, CA 93465 Hugh Bateman 5025 Shadow Canyon Rd., Templeton, CA 93465 2. Project Address: 5802 Traffic Way, Atascadero, CA 93422 (San Luis Obispo County) APN 029-322-012 3. General Plan Designation: General Plan Designation: D (Downtown) 4. Zoning District: 5. Site Area: 6. Existing Use: 7. Environmental Status DISCUSSION: Analysis of Planning Issues 1. Project Definition DC (Downtown Commercial) 394 acres Vacant Proposed Mitigated Negative Declaration 2004-0012 The proposed project consists of a commercial/residential mixed-use development. Three new buildings are proposed as follows: Building #1 includes vertical mixed- use with two commercial/retail uses on the lower floor facing Traffic Way and two 2 - bedroom residences on the upper floors. Each residence will have an attached one - car garage and one uncovered parking space. At the rear of the site are two separate residential buildings, as follows: Building #2 includes a 2 -bedroom residence with a two -car attached garage. Building #3 includes two 2 -bedroom residences each with an attached two -car garage. The proposed project includes 4 uncovered guest parking spaces. Project parking fulfills the guest -parking requirement. 2. Background Surrounding Land Use and Setting: North: Residential Multi Family -16 East: Downtown Commercial ITEM NUMBER: 3 DATE: 4-7-04 South: Downtown Commercial West: Residential Multi Family -10 The General Plan and Zoning Ordinance identifies properties to the north and west as Residential Multi Family. Properties to the south and east are Downtown Commercial. The project site Downtown Commercial zoning is consistent with the General Plan. 3. Appearance Review Architecture. Materials. Color The applicant proposes buildings with special architectural features, upgraded building materials, consistent colors, and landscape design. In addition, staff has added conditions of approval consistent with General Plan & Zoning requirements, as identified below. The project has been designed with buildings that incorporate architectural themes and materials consistent with traditional Atascadero colony neighborhoods. The project has been well designed and only minor conditions of approval have been included regarding the exterior material finish (smooth plaster siding, recessed windows, commercial tile bulkhead, architectural grade garage doors) (CUP Conditions 8). A variety of architectural embellishments will be incorporated into the building design, including: Mission tile roofs, plaster siding, exposed beams, wrought iron railings, architectural iron lighting, windows with mullions, shutters, exposed custom rafter tails, tiled bulkhead, and decorative accent wall tiles. All trash storage, recycle storage, and air conditioning units will be screened from view behind fenced or landscaped enclosures. Elevations of Each New House .. ow�ri rv.r-Q% Building #1 - - -- e_- � 1, ! � ! -or-. L -U Building #3 ITEM NUMBER: 3 DATE: 4-7-04 rpprR LLAYAiY� D.�-{tLtvAnO. Building #2 The applicant has included a color and material sample board. Refer to Exhibit G for details. Landscape Design The preliminary landscape plan has been designed for compatibility with the surrounding downtown neighborhood and visual appearance from Traffic Way. The site landscaping plan includes perimeter shrub planting and accent trees. All landscaping will be installed by the developer. A condition has been included to utilize only native and drought -resistant plant materials for all proposed shrubs and groundcovers, and additional trees shall be planted on site, subject to staff approval (CUP Condition 8). ITEM NUMBER: 3 DATE: 4-7-04 Site Plan, Circulation, Parking The site plan has been proposed to meet the requirements of the Atascadero Municipal Code and the appearance review requirements of the General Plan and the Atascadero Downtown Revitalization Plan. The project will include street frontage improvements along Traffic Way. The project provides eight (8) garage parking spaces and six (6) uncovered resident/guest parking spaces, consistent with the code -required parking requirements. Staff notes that the ordinance does not require on-site parking for downtown commercial uses. Site Drainaae The site slopes upward away from Traffic Way. As an infill site within the downtown commercial area, the project will drain from the site onto Traffic Way. \A/acta\Aiatar The project will connect to the existing Traffic Way sewer line. Master Plan of Development (Conditional Use Permit): As previously mentioned, a master plan of development is included with the conditional use permit. The conditional use permit process provides the opportunity for the public and the City to review the specifics of land use proposals, such as architectural design, site design, landscape, signage, and specific standards of the zoning ordinance. Staff is recommending that the Planning Commission make the following five findings: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The use is consistent with the General Commercial land use designation of the General Plan and Land Use Element Policy 1.1, and Land Use Programs 1.1.7, 4.1.1, 4.2.2, and Housing Element Policy 1.1, and Housing Programs 1.1.1 and Housing Element Policy 4.3. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). Staff Comment: As conditioned, the project satisfies all conditional use permit provisions for a downtown mixed-use in -fill development. 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 ITEM NUMBER: 3 DATE: 4-7-04 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 mixed-use development 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. Staff Comment: The project has been designed to be consistent with the existing commercial and neighborhood character, and to enhance the appearance along Traffic Way with compatible Monterey -style architecture, landscaping, and pavered entry driveway. The proposed mixed-use development is consistent with the City's "Smart Growth Principles", identified as orderly and efficient infill development concentrated within the Urban Core area, specifically within the central core area and within the downtown commercial zoning and land use district. The project site is within the City's Downtown designation, which conditionally allows mixed- use developments over 10,000 square feet in size. 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 will generate fewer trips than a 100 percent commercial retail use 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". ITEM NUMBER: 3 DATE: 4-7-04 Land Use Program 1.1.7: "Within the Urban Core encourage infill development or revitalization or reuse of land already committed to urban development where utilities and public services exist. Land Use Program 4.1.1: Encourage mixed uses to be mixed in multi -story buildings with sidewalk orientation and recessed or off-site parking." Land Use Program 4.2.2: Review all architectural design, signs, parking, and circulation for development within the "D', and use category to ensure compatibility with the Downtown Revitalization Plan". Housing Element Policy 1.1: "Encourage steady production of new housing, including mixed-use projects in commercial land use areas, to meet the needs of all household types in the City. " Housing Element Program 1.1.1: "Continue to allow mixed residential and commercial development in the Downtown Zoning District." Housing Element Policy 4.3: "Encourage attractive architecture and site landscaping that respect terrain and native trees". Implementing General Plan programs require appearance review of architectural design, materials, street trees, and landscaping to improve the appearance along Traffic Way, and incorporate architectural themes into the site and building design. As analyzed above, the proposed project, as conditioned is consistent with the General Plan. Staff recommends that the project is consistent with the goals and policies of the Land Use Element and the Housing Element, with the construction of a residential/commercial mixed use project. As conditioned, the project incorporates architectural and landscape elements that are consistent with the surrounding commercial and residential neighborhood, and the General Plan's appearance review requirements. 6. Proposed Environmental Determination Staff has prepared an Environmental Impact Assessment in the form of a Draft Mitigated Negative Declaration. The document was circulated to public agencies and interested members of the public on March 17th, 2004. The environmental analysis identified concerns regarding potential impacts to aesthetics, air quality, geology and soils, water quality, and noise. Mitigation measures pertaining to these areas are included. A finding is proposed that this project would not have a significant effect on the environment based upon the implementation of the identified mitigation measures. ITEM NUMBER: 3 DATE: 4-7-04 The Initial Study has evaluated the potential for this project to cause an adverse effect -- either individually or cumulatively -- on wildlife resources. There is no evidence the proposed project would have any potential for adverse effect on wildlife resources. Based on this finding, a Certificate of Fee Exemption will be submitted with the Notice of Determination after project approval, as required by Public Resources Code section 21089. The Certificate of Fee Exemption allows the project to be exempted from the review fee and environmental review by the California Department of Fish and Game. Staff is recommending the Commission recommend that the City Council certify Proposed Mitigated Negative Declaration 2004-0012. 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. FISCAL IMPACT: The project would likely not have a negative impact on City revenues due to the potential commercial retail component of the project. As a general rule, residential dwellings require services that exceed the revenue generated by the proposed uses. ALTERNATIVES: 1. The Commission may make modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The parcel would retain its designation of Downtown Commercial. The Commission should specify the reasons for denial of the project and make an associated finding with such action. ITEM NUMBER: 3 DATE: 4-7-04 PREPARED BY: Steven G. McHarris, Deputy Director 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 Conditional Use Permit ITEM NUMBER DATE: 4-7-04 Attachment 1: Location Map, General Plan and Zoning ITEM NUMBER: 3 DATE: 4-7-04 ATTACHMENT 2: Draft Resolution PC 2004-0035 Conditional Use Permit (CUP 2004-0122) Draft Mitigated Negative Declaration DRAFT RESOLUTION PC 2004-0035 A RESOLUTION OF THE ATASCADERO PLANNING COMMISSION CERTIFYING PROPOSED MITIGATED NEGATIVE DECLARATION 2004-0012 PREPARED FOR CONDITIONAL USE PERMIT 2004-0122 APN 029-322-012 (5802 Traffic Way / Eisemann, Bateman) WHEREAS, an application has been received from Marc Eisemann (4875 Shadow Canyon Rd., Templeton, CA 93465) and Hugh Bateman (5025 Shadow Canyon Rd., Templeton, CA 93465) Applicant and Property Owner to consider a project consisting of a conditional use permit and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2004- 0012 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 Wednesday, April 7, 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 certify Proposed Mitigated Negative Declaration 2004-0012 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. 4. The project will not achieve short-term to the disadvantage of long-term environmental goals. The project does not have impacts which are individually limited, but cumulatively considerable. 6. The project will not cause substantial adverse effects on human beings either directly or indirectly. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA Bob Kelly Chairperson Attest: Warren M. Frace Planning Commission Secretary ATTACHMENT 3: Draft Resolution PC 2004-0036 Mixed -Use Master Plan of Development (CUP 2004-0122) Proposed Master Plan of Development DRAFT RESOLUTION PC 2004-0036 A RESOLUTION OF THE ATASCADERO PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 2004-0122 (5802 Traffic Way / Eisemann, Bateman) WHEREAS, an application has been received from Marc Eisemann (4875 Shadow Canyon, Templeton, CA 93465) and Hugh Bateman (5025 Shadow Canyon Rd., Templeton, CA 93465) Applicant and Property Owner to consider a project consisting of a conditional use permit and, WHEREAS, the site's General Plan Designation is D (Downtown); and, WHEREAS, the site's current zoning district is DC (Downtown Commercial); 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, 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 projector use satisfies all applicable provisions of the Title (Zoning Ordinance) including the Atascadero Downtown Revitalization Plan; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on April 7, 2004, resolved to approve the Master Plan of Development (CUP 2004-0122) subject to the following: 1. EXHIBIT A: Conditions of Approval/ Mitigation Monitoring Program 2. EXHIBIT B: Site and Landscape Plan 3. EXHIBIT C: Grading and Drainage Plan 4. EXHIBIT D: Building #1 Elevations, Sections, and Floor Plans 5. EXHIBIT E: Building #2 Elevations and Floor Plans 6. EXHIBIT F: Building #3 Elevations, Sections, and Floor Plans 7. EXHIBIT G: Color and Material Board 8. EXHIBIT H: Proposed Store Signage Color 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 Kelly Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program Master Plan of Development (CUP 2004-0122) Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5802 Traffic Way Mixed Use GP: Grading Permit FD: Fire Department Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2004-0122 TO: Temporary Occupan cy F0: Final Occupancy WW: Wastewater CA: City Attorney Planning Services 1. The approval of this conditional use permit shall BP PS become final and effective following City Council approval. 2. Changes to the Master Plan of Development shall be On-going PS approved by the Planning Commission and do not require Council action. 3. The Community Development Department shall have BP/FM PS the 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. 4. All subsequent construction permits shall be consistent BP / FM PS with the Master Plan of Development contained herein. 5. All exterior elevations finish materials and colors shall BP PS be consistent with the Master Plan of Development as shown in Exhibit G, and as conditioned. 6. All site development shall be consistent with the BP/FM PS maximum intensities described in the statistical project summary as shown on Exhibit B. 7. All site work, grading and site improvements shall be BP/FM PS consistent with the Master Plan of Development as shown in Exhibit B and C. 8. 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 B. All exterior meters, air conditioning units and mechanical equipm ent shall be screened with landscape material. Trash/recycle container areas shall be screened with fencing or landscape. The developer shall landscape the entire project and shall be responsible for the maintenance. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5802 Traffic Way Mixed Use GP: Grading Permit FD: Fire Department Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2004-0122 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney 9. The project landscaping shall be revised to include only native and drought -resistant plant materials for all proposed shrubs and groundcovers, and additional trees shall be planted on site, subject to staff approval. 10. All proposed or conditioned tree locations, species, and sizes shall be 15 -gallon size and double staked. 11. The design of any perimeter fencing shall be of similar BP PS material as the proposed wrought iron balconies, subject to staff approval. 12. All exterior material finishes (smooth plaster siding, BP PS recessed windows, commercial tile bulkhead, architectural grade garage doors). 13. Garage doors shall be of superior design quality, and either painted to match the residence main body color or be of natural or stained wood finish. 14. Unadorned and non -trimmed windows on buildings# 2 and #3 shall include detailing (trim, shutters, tile awning, projecting shade elements, etc) similar to Building #1 elevations, subject to staff approval. 15. Rounded and circle windows on Building # 2 and Building #3 shall be changed to be consistent with other windows in shape and adornment, subject to staff approval. Building Services 16. 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 17. Proposed three story building shall require fire BP PS, BS suppression sprinklering, subject to staff approval. 18. Provide a letter from the Atascadero Mutual Water BP BS Company stating the minimum expected water available to the site. Amount available must meet min. requirement specified in the California Fire Code. 19. Note approved address signage is to be provided. BP BS 20. Note on plans that fire lanes shall be delineated to BP BS restrict parking as required by the Fire Authority. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5802 Traffic Way Mixed Use GP: Grading Permit FD: Fire Department Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2004-0122 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney restrict parking as required by the Fire Authority. City Engineer Standard Conditions 21. The applicant shall submit grading and drainage plans for review by the City Engineer. The grading plan must include erosion control details. City Engineer Project Conditions 22. All frontage improvements, including sidewalk and driveway approach shall be constructed in accordance with City Standards. 23. Applicant shall submit drainage calculations for the site. The drainage calculations shall include gutter profile in Traffic Way. Calculations must confirm that gutter and downstream facilities have capacity to carry existing drainage and proposed increase. Site must detain any flows that exceed the capacity of the existing facilities. Wastewater Department Standard Conditions 24. The applicant shall pay sewer Extension (Annexation) and Connection fees upon issuance of building permit. Wastewater Department Project Conditions 25. Applicant shall construct a Sanitary Sewer (SS) Manhole opposite the project access driveway, at the exiting intersection of an exiting 6" cast iron pipe and an exiting 8" vitrified clay pipe. A 6" private SS lateral shall be extended from the manhole, in a westerly direction, to serve the project. Atascadero Mutual Water Company 26. Before the issuance of building permits, 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. 27. Prior to the issuance of building permits, the applicant BP BS shall obtain a "Will Serve" letter from the Atascadero Mutual Water Company for the newly created Lots. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5802 Traffic Way Mixed Use GP: Grading Permit FD: Fire Department Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2004-0122 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney 28. 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. 29. 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 30. 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. 31. The applicant is responsible for designing and constructing water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. Mitigation Measures Mitigation Measure 1.c.1: The following landscape mitigations shall BP BS, PS, CE 1.c.1 apply: ■ Proposed fencing location and height shall comply with Atascadero Municipal Code. ■ The project landscaping shall include residential front yards, street facing side yards, EI Camino Real frontage, and a minimum 1 street tree per front yard and side street facing yard. ■ The on-site storm water and drainage detention basin shall be landscaped with plant materials compatible with the surrounding area while allowing the basin to function as engineered for storm water management. ■ All proposed trees shall be shade trees of a minimum 15 -gallon size and double staked. Mitigation Measure 1.c.2: The proposed homes shall include the use of BP BS, PS, CE 1.c.2 earth -tone paint and roof colors designed to blend with the surrounding residential environment and reduce the potential for reflected light and glare. Mitigation Measure 1.d.1: If exterior street lighting is proposed, it shall BP BS, PS, CE 1.d.1 be designed to eliminate any off site glare. All exterior site lights shall Conditions of Approval / Mitigation Monitoring Program 5802 Traffic Way Mixed Use Master Plan of Development CUP 2004-0122 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: TemporaryOccupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 16 -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 neighborhood setting, subject to staff approval. In addition, individual exterior home -owner lighting shall be restricted through CC&R's and individual lot deed -restriction to prohibit high- intensity lighting in excess of one -foot candle, limited in fixture height to not exceed 10 feet, and utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Mitigation Measure 3.b.1: The project shall be conditioned to comply BP, GP BS, PS, CE 3.b.1 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. ■ 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. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5802 Traffic Way Mixed Use GP: Grading Permit FD: Fire Department Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2004-0122 TO: TemporaryOccupancy F0: Final Occupancy WW: Wastewater CA: City Attorney 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. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.e.1: The building permit site plan shall identify all BP PS, BS, CE 4.e.1 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 Measure4.e.2: All tree removals shall be mitigated as BP PS, BS, CE 4.e.2 prescribed by the Atascadero Native Tree Ordinance. ($8,658.33) Conditions of Approval / Mitigation Monitoring Program 5802 Traffic Way Mixed Use Master Plan of Development CUP 2004-0122 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Mitigation Measure 4.e.3: The developer shall contract with a certified BP, GP PS, BS, CE 4.e.3 arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining 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 arborist report and City staff: (See Attachment 4) ■ Fencing: Must be a minimum of 4' high, chain link, snow or safety fence staked at the drip -line or line of encroachment for each tree or group of trees. Tree fencing shall be erected before demolition, grading, or construction begins. The owner shall be responsible for maintaining an erect fence throughout the construction period. The arborist(s) shall inspect the fence placement once it is erected. This is mandatory for this project. ■ 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 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. Conditions of Approval / Mitigation Monitoring Program 5802 Traffic Way Mixed Use Master Plan of Development CUP 2004-0122 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: TemporaryOccupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure ■ Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a pending condition and excavations should not leave the tree on a rapidly draining mound. Grading shall be done by hand underneath the drip - lines to avoid tearing any roots. ■ Exposed Roots: Any exposed roots shall be recovered the same day they were exposed. If they cannot, they must be covered with burlap or another suitable material and wetted down 2X per day. ■ Paving within the Drip -line: Pervious surfacing is preferred within the dripline of any oak trees. Arborist(s) will advise. ■ Equipment Operation: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. ■ Existing Surfaces: The existing ground surface within the drip - line of all oak trees shall not be cut, filled, compacted or pared. ■ Construction materials and waste: No liquid or solid construction waste shall be dumped on the ground within the drip -line of any oak tree. ■ Arborist Monitoring: An arborist shall be present for selected activities (trees identified on spreadsheet — See attachment 5) and pre -construction fence placement. The monitoring does not necessarily have to be continuous but observational at times during the above activities. ■ Pre -Construction Meeting: An on-site pre -construction meeting with the Arborist, owner, planning staff, and the earth moving team shall be required for this project. Prior to final occupancy, a letter from the arborist shall be required verifying the health/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall verify that the arborist was on site for all grading and/or trenching activity that encroached into the drip -line of the selected native trees, and that all work done in these areas was completed to the standards set forth above. The total number of native trees to be removed for this project is 13 with a dbh of 379.5 inches. (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. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5802 Traffic Way Mixed Use GP: Grading Permit FD: Fire Department Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2004-0122 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney Mitigation Measure 5.a.1: The proposed project shall incorporate the BP PS, BS 5.a.1 Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating Historic Buildings. The standards shall apply to the exterior rehabilitation of the Colony house and proposed landscape improvements to the overall project site, subject to staff review and approval. Mitigation Measure 5.a.2: Replacement of any exterior materials or BP PS, BS 5.a.2 design features on the original colony house shall be consistent with the Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating Historic Buildings. This shall include the replacements of any doors and windows with solid wood framing of similar design and appearance. Vinyl, \inyl-cladding, and metal materials are not permitted. Mitigation Measure 5.a.3: The proposed project shall include BP PS, BS 5.a.3 Covenants, Conditions and Restrictions (CC&R's) or equivalent mechanism that incorporate the planned development conditions of approval to ensure that the site retains the historic qualities (historic buildings, architecture, colors, materials, fencing, and landscaping) over time. Mitigation Measure 5.a.4: The new detached garage to be constructed BP PS, BS 5.b.1 on the colony house lot shall be of similar design as the existing original wood sided garage with wood doors and windows. The garage shall incorporate a pair of single or double -hung wood windows on each side and wood door design. A woodman door may be added to any side. The garage door shall be constructed of wood and have an architectural appearance similar to the existing paired garage doors. The garage door may be of roll -up function. The garage driveway shall have a 20 - foot minimum depth driveway. Mitigation Measure 5.b.1: Should any cultural resources be unearthed BP PS, BS 5.b.1 during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. Mitigation Measure 6.b.1: The grading permit application plans shall GP PS, BS, CE 6.b.1 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.1: A soils report shall be required to be BP, GP PS, BS, CE 6.c.1 submitted with a future building permit by the building department. Mitigation Measure 8e.f.1: A Storm water Pollution Prevention Plan GP PS, BS, CE 8.e.f.1 (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Conditions of Approval / Mitigation Monitoring Program 5802 Traffic Way Mixed Use Master Plan of Development CUP 2004-0122 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: TemporaryOccupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Mitigation Measure 8.e.f.2: The developer is responsible for ensuring GP PS, BS, CE 8.e.f.2 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.1: All construction activities shall comply with BP, GP PS, BS, CE 11.d.1 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 Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. 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 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. Staff shall approve the details of such a sign during the Grading Plan/Building Permit review process. EXHIBIT B: Site and Landscape Plan EXHIBIT C: Grading and Drainage Plan - _---"' -- ' LOT .re ------------ �__-- `. a I• -- - - 21. BLOCK U \ 46416 \ FIs ,s Lam/ q r j 5 > •r C � / y r� 1l f . i TRAFFIC WAY EXHIBIT D: Building #1 Elevations, Sections, and Floor Plans +r n•v--.z.. mmt. x••� � s lee's. n. AMFUT RM =-- l -- - ----- FRONT ELEVAnON RIGHT EMATM n u BACK • c. LEFT ELEVATION A C_q ®"-- LOWER FLOOR PLAN EXHIBIT E: Building #2 Elevations and Floor Plans �� iiiiiw-- •• ••II;If;>iif}I_._; 1 iiii FRONT ELEVATION BACK ELEVATION ITEM NUMBER: 3 DATE: 4-7-04 RIGHT ELEVATION LEFT ELEVATION ' J I I -- ,ow ti I ! F , EXHIBIT F: Building #3 Elevations, Sections, and Floor Plans FRONT ELEVATION BACK ELEVATION • /t.■ ■..■ film RIGHT ELEVATION -------C. - --, m vllN' Ilii iilIIIIIIAng All 'lliilla� VIII: ;�lllllll\� ..•I►1 ■ ITEM NUMBER: 3 DATE: 4-7-04 EXHIBIT G: Color and Material Board m r m .5.. x O O cn m O m - o z 0o m D G7 • D O Z D O z r0 O � n D X o Z o D � D m m M D 0 D mz C o p m x r-, Cf) Z cn M o m D m Cn ;. o O C n y D : - n r m O O Or X o O Z z cn z 0 b EXHIBIT H: PROPOSED STORE SIGNAGE COLOR 5795 M Allegro Mountain ITEM NUMBER DATE: 4-7-04 ITEM NUMBER: 4 DATE: 04-07-04 Atascadero Planning Commission Staff Report — Community Development Department Single Family Planned Development Zone Change 2003-0071, Master Plan of Development (CUP 2003-0118), Vesting Tentative Parcel Map 2003-0052 (5528 Tunitas Ave., 5559, 5569 Rosario Ave. / Mehring) SUBJECT: The proposed project consists of an application for a Zone Change, Conditional Use Permit (CUP) and Tentative Parcel 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 three (3) new single-family residences to be constructed, and one existing residence to be relocated on the project site. RECOMMENDATION: Staff Recommends: 1. Adopt Resolution No. PC 2004-0037 recommending that the City Council certify Proposed Mitigated Negative Declaration 2004-0007; and, 2. Adopt Resolution No. PC 2004-0038 recommending that the City Council introduce an ordinance for first reading by title only to approve Zone Change 2003-0071 based on findings; and, 3. Adopt Resolution No. PC 2004-0039 recommending that the City Council approve the Master Plan of Development (CUP 2003-0118) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Adopt Resolution No. PC 2004-0040 recommending the City Council approve Vesting Tentative Parcel Map 2003-0052 based on findings and subject to Conditions of Approval and Mitigation Monitoring. ITEM NUMBER: 4 DATE: 04-07-04 SITUATION AND FACTS: 1. Applicant / Representative: William Mehring 11190 Santa Lucia Rd, Atascadero, CA 93422 2. Project Address: 5528 Tunitas Ave/5559, 5569 Rosario Ave., Atascadero, CA 93422 (San Luis Obispo County) APN 029-081-010 3. General Plan Designation 4. Zoning District: 5. Site Area: 6. Existing Use: 7. Environmental Status DISCUSSION: Summary General Plan Designation: MDR (Medium -Density Residential -10 units/acre) RMF -10 (Residential Multiple Family) 0.56 acre Single-family Residence Proposed Mitigated Negative Declaration 2004-0007 The proposed project consists of three 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 approximately 2000 and 2700 square feet in living area. Each new home will also include a 400 square foot attached garage and two uncovered guest parking spaces. 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: 4 DATE: 04-07-04 Project Summary Table Project Site RSF-Y RMF -10 RMF -161 Background Surroundina Land Use and Settir North: Parcel 1 Parel2 Parcel 3 Parcel 4 Lot Area 6611 sf 7605 sf 9619 sf 7260 sf Building Footprint 1775 sf 2685 sf 1186 sf 1183 sf (not to exceed 35%) 27% 35% 12% 16% Landscaped Area 4766 sf 4420 sf 4930 sf 4826 sf minimum 40% 72% 58% 51% 66% Covered Parking 2 spaces 2 spaces 2 spaces 2 spaces Guest Parking 2 spaces 2 spaces 2 spaces 2 spaces Lower Living Area 1143 sf 2245 sf 1218 sf 1204 sf Upper Living Area 860 sf 0 sf 841 sf 860 sf Garage 431 sf 440 sf 473 sf 431 sf Project Site RSF-Y RMF -10 RMF -161 Background Surroundina Land Use and Settir North: Multi -family Residential South: Multi -family Residential East: Multi -family Residential West: Residential Single-family The General Plan and Zoning Ordinance identifies the project site, along with adjacent properties to the north, south, and east as Medium -Density Residential with a maximum density of 10 dwelling units per acre. The sites directly adjacent to the subject site consist of both multi -family developments and single-family homes. Properties to the west are designated as Residential Single-family and are currently developed with single-family residences. 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: 4 DATE: 04-07-04 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. Staff has provided input on the projects design and appearance, and the applicant has prepared the project as submitted for your review. The project has been designed with one and two story single-family residences that incorporate a variety of architectural styles to blend with the existing neighborhood along Rosario Ave. and Tunitas Ave. The existing home is a single story ranch style home that will be relocated, partially demolished, and reconstructed to comply with PD -7 standards. Each home will incorporate unique floor plans, building materials, and styles to integrate with the existing neighborhood, ranging from wood sided to stucco designs. The PD -7 standards require that the second story of all residences be no greater in gross area than 75% of the gross lower floor area. Due to the slope of the parcel, this standard cannot be met for the residences fronting Rosario Ave. A finding has been included that the topography of the site warrants exception to the lower to upper floor ratio standard for the Rosario Ave. lots. All residences include covered porches. Front setbacks are designed to be a minimum of 20 -feet from the right-of-way. All garages are setback 5 -feet from the front building fagade or porch element. 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 yard landscaping and rear yard shade and screening trees shall be installed by the developer (Condition PD 9). 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 LAS' TLE'ATCµ .7G:.V Lots 2 Front Elevation ITEM NUMBER: 4 DATE: 04-07-04 L � IYES E_itia.TON h' =1 LE ITEM NUMBER: 4 DATE: 04-07-04 Lot 3 Front Elevation Lot 4 Front Elevation I I _ 1.11L111 � ��� .,��.. �.,-- - .�-•—irk old Lot 4 Front Elevation I I _ 1.11L111 � ��� ITEM NUMBER: 4 DATE: 04-07-04 The applicant has included sample elevations illustrating color and material schemes. 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 and Tunitas Avenues. The plans identify landscaping throughout the site including rear yard shade and screening trees. Mature oak trees exist along both the Rosario Ave. and Tunitas Ave. frontage. The preliminary landscape identifies one additional street tree along each frontage. Native Tree Removal The proposed site design includes the removal of four native oak three measuring 32" total dbh. The trees are obstructing proposed improvements that cannot be reasonably redesigned to avoid removal of the tree. Therefore, the applicant is proposing to install 11 15 -gallon live oak trees on-site. Evergreen Native Trees (inches) Deciduous Native Trees (inches) I Totals dbh notes 1 0 -inches 2 3 4 5 6 Total 0 -inches Mitigation Requirement req'd tree replacements: 0 five gal trees req'd tree replacements: 21 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 fifteen gal trees 11 fifteen gal trees Remaining Mitigation 0 five gal trees Tree Fund Payment: $ Site Plan, Circulation, Parking 32 -inches 21 five gal trees 0 five gal trees Remaining Mitigation -1 five gal trees 1 -1 five gal trees Tree Fund Payment: $ (33.33) The site plan meets the requirements of the Atascadero Municipal Code and the General Plan. The project will include street frontage improvements along Tunitas Avenue. Two residences will take access off of Rosario Ave and two will take dbh notes 1 13 -inches 2 13 -inches 3 6 -inches 4 5 6 Total 32 -inches req'd tree replacements: 0 five gal trees req'd tree replacements: 21 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 fifteen gal trees 11 fifteen gal trees Remaining Mitigation 0 five gal trees Tree Fund Payment: $ Site Plan, Circulation, Parking 32 -inches 21 five gal trees 0 five gal trees Remaining Mitigation -1 five gal trees 1 -1 five gal trees Tree Fund Payment: $ (33.33) The site plan meets the requirements of the Atascadero Municipal Code and the General Plan. The project will include street frontage improvements along Tunitas Avenue. Two residences will take access off of Rosario Ave and two will take ITEM NUMBER: 4 DATE: 04-07-04 access off of Tunitas Ave. Each residence will have a private driveway where two guest parking spaces will be accommodated. Site Drainage On-site storm water detention is accommodated on individual basins in the rear yards of parcels 1 and 4. Wastewater Sanitary sewer will be connected to the existing Tunitas Ave sewer line. Project Benefits 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." The table shown below outlines the Council policy on Planned Development benefits. The applicant has also provided justification statement related to the benefits of the proposed project (Attachment 2). In order to approve this project, the Planning Commission must find that the project offers a combination of the benefits listed below for a PD -7 project. 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 Design b) Trails / Walkways for Pedestrian PD -17 c) High Quality Landscape Design Connectivity Custom PD's c) Historic Preservation d) Buffering between Urban and Suburban zones (large lot sizes, increased setbacks, landscape buffers, etc.) e) Higher density to meet Housing Element goals Outside of Urban Core a) Natural Open Space Preservation a) Multi -Purpose Trails —Equestrian/ Bicycle / Pedestrian Rural / Suburban Areas b) Recreational Areas / Facilities PD -16 Custom PD's c) Historic Preservation Staff notes that the applicant will provide in -lieu fees for affordable housing and that the project as proposed offers a higher density development than exists currently. In staff's opinion, the landscape plan and residential home design for lots 2, 3, and 4 present a design quality consistent with the Planned development overlay standards. Staff has conditioned that the architectural features for lot 1 be revised to create a higher quality design appearance appropriate to the chosen theme and as consistent ITEM NUMBER: 4 DATE: 04-07-04 with the surrounding neighborhood (Condition 6). The included condition gives the applicant a choice in emphasizing the Mediterranean design theme or revising the exterior to include clapboard siding consistent with the residence proposed for lot 4. Affordable and Workforce Housing The City Council has implemented an interim inclusionary affordable housing program to include a fixed percentage of units within residential developments that require a legislative approval to be reserved as deed restricted affordable units or a 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 12/TPM 8). According to the San Luis Obispo County Department of Planning & Building, a 3 -bedroom moderate level affordable unit only qualifies if the sales price does not exceed $315,255 or the rent does not exceed $1,403 per month with a 30 - year deed restriction commitment and a two-bedroom moderate unit only qualifies if the sale price does not exceed $262,752 or the rent does not exceed $1,008 per month with a 30 -year deed restriction. These numbers are subject to change as they are adjusted monthly. 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 14/TPM 9) Tentative Tract Map A four -lot parcel map is proposed as part of the project consistent with the Master Plan of Development. The parcel map has been conditioned by staff and the City Engineer to meet all City standards including street frontage improvements along Tunitas Ave. 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. ITEM NUMBER: 4 DATE: 04-07-04 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. Staff Comment: The project has been designed to be consistent with the existing neighborhood character. A variety of architectural styles and individual driveways are consistent with the development pattern of the surrounding neighborhood. 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 6 units on the project site. Based on staff's analysis in the preceding sections, and with the incorporation of the project conditions, it appears that all of the required findings for approval of a Master Plan of Development (Conditional Use Permit) can be made. General Plan Consistenc 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 ITEM NUMBER: 4 DATE: 04-07-04 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 owned 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 require appearance review of architectural design, materials, street trees, and landscaping to maintain the retain the rural atmosphere, protect the environment, and incorporate architectural themes into the site 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 four 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 proposed 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 March 19, 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 2004-0007. ITEM NUMBER: 4 DATE: 04-07-04 CONCLUSION: The proposed project is consistent with the minimum standards set forth in the General Plan and Atascadero Municipal Code for a Planned Development #7 overlay, as analyzed within this staff report. The Planning Commission must find that the project offers benefits that justify the modification to multi -family development standards, allowing for subdivision of the parcel and individual ownership of the resulting lots. ALTERNATIVES: 1. The Commission may make modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The parcel would retain its 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: Applicant project justification letter Attachment 3 Draft Resolution of Approval Proposed Mitigated Negative Declaration Attachment 4: Draft Resolution of Approval Proposed Zoning Map Change Attachment 5: Draft Resolution of Approval Proposed Master Plan of Development Attachment 6: Draft Resolution of Approval Proposed Vesting Tentative Parcel Map ITEM NUMBER: 4 DATE: 04-07-04 Attachment 1: Location Map, General Plan and Zoning Project Site RSF-Y RMF -1[ Existing Designations: -General Plan: Medium Density Residential -Zoning District: Residential Multi -Family — 10 Proposed Designations: -General Plan: Medium Density Residential -Zoning District: Residential Multi -Family — 10 w/ PD -7 overlay ITEM NUMBER DATE: 04-07-04 Attachment 2: Applicant project justification letter February 27. 2(x4 . r 1, 11, II Iicly conCt M'. I am writing to indicate wfty a proposed subdivision on TunitavRosario Drive is inlporlault to the people of Atascadcru. City leaders must pn)v ide housing for cutrcm residents and potential residents ofour city. Ilousing was available for mr family and me and for all of you when you or your parents cane to Atawiidcro. Our population in the state of Calilunua will continue to grow :u king as people arc having more than 2 children per couple. It is the responsibility of our city leaders to create housing possibilities. The state is mandating courtly growth of 2.3% to keep up with the state's population deeds. This subdir•irion is pxirt of the solution to meet these growth needs. Ibis ensures the state funding the City of Awcadero is entitled to. the recently approved General Phut has changed the coning along'funitas to increase density. Phis project answers that call for increasing density in this any. lhis pruj"t creates housing in an arra where you indicated with the General Plan changes that you want dousing to be. I his zoning change has put into place nx-chanisms for keeping this older pout of town from becomirig run down. My project does not call for high-density rental apartment unit.-. but provides 14 hednxrm hlm c% for Atascadcro residents and workers. Ibis project will provide a nice mix iti the iwighborhord keeping the character of this arca beautiful and wcll nuinlaincd. I'm sure this is an important factor to you as "till. Ow of the most important liytures of this project is that is decreases the subdivision of our green open space's in the surtounding arca-.. 1 believe all city plannrn kwk to infill existing low-density areas in the city center before moving to the surrounding open .puke outside of town. This concept is vital for many reasons First, as dcvclvpxncnl shoves outward, the heart of our city dies. Just wlicrl Atascsdem is trying su hartJ to revitalize our downtown and keep people and business in the arca, this project gut's hand in hand with that providing housing close to the city center. If you owe subdivision in the atgicultuml lands further from the city center, you must then provide the infrastructure for morc people living there. This means building new roads. fire and police statiomN septic and water systems, and utilities. The list guar on and on. A'c also must consider the further people five away from the city services, the more they have to drive and this inirwLs our air quality. This projet on'I unitav'Rosano docs rxtt create any of these additional costs nor does it destroy our green belt. Another significvt hcnclit of the subdivision is the oust of the housing. I have attendee! many nxrlings when the isNuc of affordahlc housing is discussed The quickest way to create higher cost housing is to stop building houses. 'ihc beat to stop the skyrocketing housing prices is to allow rrxxc subdivisions, hopefidly as infill projects. Everyone ITEM NUMBER DATE: 04-07-04 Attachment 2: Applicant project justification letter knows the law of supply and demand. this pmjeet is rarest to address atlordable htxasinp. close to the city center without disturbing open space. the hones proposal in this project arc for working families. Ihrsc kinds of houses arc in short supply, thew arc not upper end or retirement homes but for people that arc raising it family and need an allirdahlc place to live. I krxlw it is ytntr desire and -your Nib to provide this kind of housing to Atascadero. Tht homes in this subdivisiun are guaranteed by your pros" to be nicer homes. I havr worked to design the homncs to the specifications creating the look your planning department desires This; has increased my costs to he sure which docs rust please me but I am willing to ctrl as asked in trade Sonk of tht) we design rcyuim tints with suhseyuent Lost increases to me include usage of an upper end siding material (lianiiplank). extensive stucco rclicf work around the wutdows and dvxr> file roof, multiple gables, pop outs, halconim outside and inside patios, and a ditficrcnt roof design. It is imperative, hnwrvcr, that all these regulations do not make the cost of the hotzcs so expensive. I his will defeat the purpose of providing allirdablc housing lir the people of Atas:adero. l ask you to be mindful of this. 1 have made many concessions to the city planners to crcatc a project we can all agree on. 1 have paid for many revisions to plans and engineering and this has all been a long and cxpcnsivc process but I have done my pan to bring to you the final imAuct. this project is going to pay for improvements that have historically been paid for by the city. Malty have reser even uccumd in this part of the city bcforc. Por example. this project include- inaalling curbs, ttuttem and sidewalks on Tunitas Road. This will be one of the fine horrtvs on the stmt to have this improvement. Thcrc are tmh a few others that will have this its they tar developing through the PI) -7 ptucx ss. I ha -ye done many alterations to the plares to decrease site disturbance. I have made the ? new horns, as 2 story residences to decrease the si7c of the footprint This irervase open space, playing space and decreases drainage problems, I have wrukcd anxut<1 the beautiful existing trax to create the lest impact. I have to m -move a few small irex-s but will be replanting In excess of the city's n:tluired mitigation rtxpuiremcnts. The gmcaicct monetary gain for yew will come alter the subdivision ofone house purchased and taxed at 1 W4 prices to 4 houses being purchased at 2WS prices. The new appraisal will increase your intone stream on this parcel 10 fold. Ihot isn't just 10 fold this year but year ally )car alter year, the new property owners will pay to you in taxes the coat (,(the hone in approximately 50 years. 'this means that if these twines sell for S450,000.00, the county will collect approximately f2,00,0000) In the next 55 yvttrs. ihtl is S2,(M)(t.000.W for schsuls. mad, public safcty, libraries and wvter projects. All this will be achieved from 1 subdivision in tmr of the most Jrsirdhlc arras for a subdivision in the city of Alascadcro. I have conformed to all the rryuirrmcrvts assigned by the city planners and engineers at y;ry at expevt.e. The proicet rel leets this in layout. style. and architectural beauty. I ITEM NUMBER DATE: 04-07-04 Attachment 2: Applicant project justification letter ++ill be contributing financially to your mandate for low art Iximinb fees. 1 will t>< p rticipating in the l'ce increases for devek)pment and inMlling city improvLmc s of curbs, gutters and sidewalks on Tunitas Ro:xl. I have done this project at you have asked and I have fulfilled the nerds of people looking for affordable housing in Atascadero. All of the, -,c f tctors contribute to the value of this subdivision keeping our city and particularly our downtown arca healthy and pmsper s. I bring these opponunitics to) ou with this PD -7 subdivision project. Sincerely, William Mchring ATTACHMENT 3: Draft Resolution PC 2004-0037 PD -7 Master Plan of Development (CUP 2003-0118)/ZCH2O03-0071VTPM 2003.0052 Approval of Draft Mitigated Negative Declaration DRAFT RESOLUTION PC 2004-0037 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL CERTIFY PROPOSED MITIGATED NEGATIVE DECLARATION 2004-0007 PREPARED FOR ZONE CHANGE 2003- 0071, CONDITIONAL USE PERMIT 2003-0118 AND TENTATIVE PARCEL MAP 2003-0052 APN 029-081-010 (5528 Tunitas Ave, 5559, 5569 Rosario Ave./ Mehring) WHEREAS, an application has been received from William Mehring (11190 Santa Lucia Rd, Atascadero, CA 93422) Applicant and Property Owner 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 four lot residential Tentative Parcel Map on APN 029- 081-010 and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2004- 0007 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 Wednesday, April 7, 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 2004-0007 based on the following Findings as shown on Exhibit A: The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, 2. The Proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project. 4. The project will not achieve short-term to the disadvantage of long-term environmental goals. 5. The project does not have impacts, which are individually limited, but cumulatively considerable. 6. The project will not cause substantial adverse effects on human beings either directly or indirectly. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA Bob Kelley Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Proposed Mitigated Negative Declaration 20040007 This page is intentionally left blank ATTACHMENT 4: Draft Resolution PC 2004-0038 PD -7 Master Plan of Development (CUP 2000-0118)/ZCH 2003-0071 Approval of Proposed Zoning Map Change DRAFT RESOLUTION PC 2004-0038 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2003-0071, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 029-081-010 FROM RMF -10 TO RMF -10 / PD -7 (5528 Tunitas Ave., 5559, 5569 Rosario Ave. / Mehring) WHEREAS, an application has been received from William Mehring (11190 Santa Lucia Rd, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a zone change from RMF -10 (Residential Multi -Family) to RMF -10 / PD -7 (Residential Multi -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- 081-010 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 Wednesday, April 7, 2004, studied and considered Zone Change 2003-0071, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of a 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. 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 April 7, 2004, resolved to recommend that the City Council introduce for first reading by title only an ordinance that would rezone the subject site consistent with the following: 1. Exhibit A: Zone Change Map BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Bob Kelley Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Zone Change Map 2003-0071 Existing Designations: -General Plan: Medium Density Residential -Zoning District: Residential Multi -Family — 10 Proposed Designations: -General Plan: Medium Density Residential -Zoning District: Residential Multi -Family — 10 w/ PD -7 overlay ATTACHMENT 5: Draft Resolution PC 2004-0039 PD -7 Master Plan of Development (CUP 2003-0118)/ZCH 2003-0071 Approval of Proposed Master Plan of Development DRAFT RESOLUTION PC 2004-0039 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 2003-0118) FOR A PD -7 OVERLAY ZONE OF APN 029-081-010 (5528 Tunitas Ave, 5559, 5569 Rosario Ave./ Mehring) WHEREAS, an application has been received from William Mehring (11190 Santa Lucia Rd, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a zone change from RMF -10 (Residential Mult> Family) 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- 081-010 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 Wednesday, April 7, 2004, studied and considered the Master Plan of Development (CUP 2003-0118), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of Master Plan of Development. 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) including the PD -7 Ordinance; and, 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. 6. Due to existing site topography, exception to PD -7 standards regarding lower to upper floor ratios are warranted for proposed development of lots 1 and 4. SECTION 2. Findings for Approval of Tree Removal Permit. The Planning Commission finds as follows: 1. The trees were obstructing proposed improvements that could not be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department. SECTION 3. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on April 7, 2004, resolved to recommend that the City Council approval of the Master Plan of Development (CUP 2003-0118) subject to the following: 1. EXHIBIT A: Conditions of Approval/Mitigation Monitoring Program 2. EXHIBIT B: Site plan 3. EXHIBIT C: Landscape Plan 4. EXHIBIT D: Statistical Summary 5. EXHIBIT E: Grading and Drainage Plan 6. EXHIBIT F: Lot 1: Floor Plan and Elevations 7. EXHIBIT G: Lot 2: Floor Plan and Elevations 8. EXHIBIT H: Lot 3: Fbor Plan and Elevations 9. EXHIBIT I: Lot 4: Floor Plan and Elevations 10. EXHIBIT J: Exterior Color & Material Sample Board 11. EXHIBIT K: Arborist Report 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 EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program PD -7 Master Plan of Development (CUP 2003-0118)/ZCH 2003-0071 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5528 Tunitas Ave./5559. 5569 Rosario Ave. GP Business License GP: Grading Permit Services BS: Building PD -7 Master Plan of Development BP: Building Permit Services CUP 2003-0118/ZCH 2003-0071 FI: Final Inspection TO: Temporary Occupancy FD: Fire Department PD: Police FO: Final Occupancy Department 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- 0052 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 Parcel Maps. 5. All subsequent Tentative Parcel 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 and E 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. ■ Windows shall be single or double hung vinyl and shall be complimentary in color to the color schemes Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5528 Tunitas Ave./5559. 556)9 Rosario Ave. GBusiness License P GP: Grading Permit Services BS: Building PD -7 Master Plan of Development BP: Building Permit Services CUP 2003-0118/ZCH 2003-0071 FI: Final Inspection TO: Temporary Occupancy FD: Fire Department PD: Police FO: Final Occupancy Department CE: City Engineer WW: Wastewater CA: City Attorney shown in EXHIBIT J. ■ Roof material is to be of architectural grade. ■ Siding shown on Parcel 2 residence shall wrap around a minimum of 4 feet along the north elevation ■ Unit A (Lot 1) shall include an emphasized Mediterranean theme to include tapered columns, stylized railing material, trim surrounding the pati o opening, and added features or thicker walls to recess the windows or give the appearance thereof OR the fagade shall incorporate clapboard siding and window elements consistent with the adjacent proposed structure on Lot 4, subject to staff approval. 7. All site development shall be consistent with the maximum BP/FM PS intensities described in the statistical project summary as shown on EXHIBIT D. 8. 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 E. 9. 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 unit and mechanical equipment shall be screened with landscape material. Trash/recycle container areas shall be screened with fencing or landscape. ■ The developer shall landscape all front yards. All landscape maintenance shall be the responsibility of the individual property owner. ■ Shade and screening trees shall be installed by the developer in all rear yards as shown in EXHIBIT C. ■ Street trees shall be 15 -gallon Live Oak trees with a minimum of one tree installed on lot 1 and 4. ■ No irrigation shall be installed beneath existing native oak trees unless the arborist notes historic regular watering of the trees. Mulch shall be applied at the base of all native trees as shown on the conceptual landscape plan (EXHIBIT C) ■ All required landscape trees shall be double staked upon installation. Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5528 Tunitas Ave./5559. 5569 Rosario Ave. BL:Business License Services BS: Building PD -7 Master Plan of Development GP GP: Grading Permit BP: Building Permit Services CUP 2003-0118/ZCH 2003-0071 FI: Final Inspection TO: Temporary Occupancy FD: Fire Department PD: Police FO: Final Occupancy Department CE: City Engineer WW: Wastewater CA: City Attorney 10. All project fencing shall be installed consistent with BP PS EXHIBIT C subject to the following modifications: a. Fencing shall be constructed of 4 -foot high solid redwood or cedar boards with 2 -foot lattice section above. b. Fencing along the Rosario and Tunitas Ave frontages shall be a maximum of 3 feet in height. No fencing greater than 3 feet in height shall be located between the residence frontages and the street. c. The design of all fencing shall be compatible with the overall project design, subject to staff approval 11. A Tree Protection Plan shall be prepared for GP PS encroachment within the drip line of native trees located BP on the subject parcel and any adjacent properties. The applicant will contract with a certified arborist to monitor all activity within the drip lines of existing native oak trees. 12. 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. 13. All exterior material finishes (stucco, materials, lighting, BP PS garage doors) shall be durable, high quality, and consistent with Exhibit J. 14. Workforce Housing FM PS, CE Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve 1/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5528 Tunitas Ave./5559. 5569 Rosario Ave. BL: GP Business License GP: Grading Permit Services BS: Building PD -7 Master Plan of Development BP: Building Permit Services CUP 2003-0118/ZCH 2003-0071 FI: Final Inspection TO: Temporary Occupancy FD: Fire Department PD: Police FO: Final Occupancy Department CE: City Engineer WW: Wastewater CA: City Attorney ■ The applicant shall identify which units will be reserved; and ■ The City Attorney shall approve the final form of the agreement. 15. The applicant shall replant 11 15 -gallon sized native trees on site consistent with the requirements of the Atascadero native Tree ordinance. Building Services 16. 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 17. The location of all existing and proposed fire hydrants FM CE shall be shown on subsequent building permit applications. 18. 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. 19. Address signage design shall be provided prior to FM CE issuance of any subsequent building permits. City Engineer Site Specific Conditions 20. In the event that the applicant is allowed to bond for the BP PW public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 21. An engineer's estimate of probable cost shall be BP/GP/FM PW submitted for review and approval by the City Engineer to determine the amount of the bond. 22. The Subdivision Improvement Agreement shall record BP PW concurrently with the Final Map. 23. All public improvements shall be constructed in FM PW conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5528 Tunitas Ave./5559. 5569 Rosario Ave. BL:Business License Services BS: Building PD -7 Master Plan of Development GP GP: Grading Permit BP: Building Permit Services CUP 2003-0118/ZCH 2003-0071 FI: Final Inspection TO: Temporary Occupancy FD: Fire Department PD: Police FO: Final Occupancy Department CE: City Engineer WW: Wastewater CA: City Attorney 24. The applicant shall enter into a Plan Check/Inspection BP PW agreement with the City. 25. The applicant shall be responsible for the relocation FM PW and/or alteration of existing utilities. 26. The applicant shall install all new utilities (water, gas, FM PW electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 27. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 28. A preliminary subdivision guarantee shall be submitted BP BS for review in conjunction with the processing of the parcel map. 29. All existing and proposed utility, pipeline, open space, BP PW 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. 30. Prior to recording the parcel map, the applicant shall BP PW submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance forth herein shall submit set for review and approval. 31. Prior to recording the parcel map, the applicant's BP PW surveyor shall set monuments at all new property corners or shall indicate, by certificate on the final 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 BP BS pay all outstanding plan check/inspection fees. 33. Prior to recording the parcel map, the applicant shall BP PW 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, which indicates their 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. Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5528 Tunitas Ave./5559. 5569 Rosario Ave. BL: GP Business License GP: Grading Permit Services BS: Building PD -7 Master Plan of Development BP: Building Permit Services CUP 2003-0118/ZCH 2003-0071 FI: Final Inspection TO: Temporary Occupancy FD: Fire Department PD: Police FO: Final Occupancy Department CE: City Engineer WW: Wastewater CA: City Attorney 34. Upon recording the final map, the applicant shall BP BS provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 35. Prior to the final inspection of any public improvements, BP PW 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. City Engineer BP PW Site Specific Conditions 36. The applicant shall construct new curb, gutter, and BP PS/PW sidewalk, in accordance with City Standards, along entire frontage. The back of sidewalk shall be placed at the property line, unless the City Engineer deems a different alignment is appropriate. 37. The applicant shall overlay Tunitas to the centerline BP PS/PW plus ten feet, in accordance with City Standards. 38. The applicant shall address storm water detention prior BP PW to grading and drainage approval. 39. The applicant shall pay sewer Extension (Annexation) BP BS and Connection fees upon issuance of building permit. 40. Existing drainage patterns from adjacent properties BP PW shall not be obstructed. 41. All drainage from improvements shall cross property BP PW lines within drainage easements. Five-foot drainage easements shall be shown on final map. Wastewater Department Standard Conditions BP PW 42. Existing SS lateral shall be located at the Parcel 2 property line/ Tunitas R.O.W. and capped for future Parcel 1 use. 43. Each building shall be individually connected to the public sewer via a 4" gravity lateral, or as approved by the City Engineer. Atascadero Mutual Water Company 44. Before the issuance of building permits, or the recording BP BS of the Final Map, the applicant shall submit plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All 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). Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5528 Tunitas Ave./5559. 5569 Rosario Ave. BL: GP Business License GP: Grading Permit Services BS: Building PD -7 Master Plan of Development BP: Building Permit Services CUP 2003-0118/ZCH 2003-0071 FI: Final Inspection TO: Temporary Occupancy FD: Fire Department PD: Police FO: Final Occupancy Department CE: City Engineer WW: Wastewater CA: City Attorney All cross -connection devices shall conform to AWWA and California Department of Health Services standards. 45. Prior to the issuance of building permits, the applicant BP BS shall obtain a "Will Serve" letter from the Atascadero Mutual Water Company for the newly created Lots. 46. 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. 47. Before the issuance of building or permits, the applicant BP BS 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. 48. The applicant is responsible for designing and BP BS/PW constructing water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. Mitigation Measures 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 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 Conditions of Approval / Mitigation Monitoring Program 5528 Tunitas Ave./5559. 5569 Rosario Ave. PD -7 Master Plan of Development CUP 2003-0118/ZCH 2003-0071 Timing BL: GP 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 given time period. • Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All ofthe 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 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5528 Tunitas Ave./5559. 5569 Rosario Ave. BL:Business License Services BS: Building PD -7 Master Plan of Development GP: Grading Permit GP BP: Building Permit Services CUP 2003-0118/ZCH 2003-0071 FI: Final Inspection TO: Temporary Occupancy FD: Fire Department PD: Police FO: Final Occupancy Department CE: City Engineer WW: Wastewater CA: City Attorney finish grading of any structure. Mitigation Measure 4.e.1: The building permit site plan shall GP PS/BS 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/BS 4.e.2 identify tree protection fencing around the drip line 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 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 drip line of all trees. 5. All trees within the area of work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing s hall 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. Conditions of Approval / Mitigation Monitoring Program 5528 Tunitas Ave./5559. 5569 Rosario Ave. PD -7 Master Plan of Development CUP 2003-0118/ZCH 2003-0071 Timing BL: GP 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 4.e.4: The developer shall contract with a GP 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 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. Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5528 Tunitas Ave./5559. 5569 Rosario Ave. BL: GP Business License GP: Grading Permit Services BS: Building PD -7 Master Plan of Development BP: Building Permit Services CUP 2003-0118/ZCH 2003-0071 FI: Final Inspection TO: Temporary Occupancy FD: Fire Department PD: Police FO: Final Occupancy Department CE: City Engineer WW: Wastewater CA: City Attorney ■ Grading within drip -line: Grading should not encroach within the dripaine. 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 drip line of any oak trees. ■ 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 drip line 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 4.e.5: All tree removals shall be mitigated 4.e.5 as prescribed by the Atascadero Native Tree Ordinance. ($500.00) Mitigation Measure 6.b.1: The grading permit application GP BS 6.16.1 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. Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5528 Tunitas Ave./5559. 5569 Rosario Ave. BL:Business License Services BS: Building PD -7 Master Plan of Development GP: Grading Permit GP BP: Building Permit Services CUP 2003-0118/ZCH 2003-0071 FI: Final Inspection FD: Fire Department PD: Police TO: Temporary Occupancy FO: Final Occupancy Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 6.c.1: A soils report shall be required to be GP BS 6.c.1 submitted with a future building permit by the building department. Mitigation Measure 8.e.f.1: The developer is responsible for GP BS 8.e.f.1 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 11.d.1: All construction activities shall GP BS 11.d.1 comply with the City of Atascadero Noise Ordinance for hours of operation. EXHIBIT B: Site Plan g -iii � 115, ac 9 s Mn a tr • o-aix R!Y I" N61mrso C IS.GP' (,E) sErcoowu�---T--V-MO-S BASIS OF -----A-7--G BE A R I N C S NUE---�K- --- ti EXHIBIT C: Landscape Plan EXHIBIT D: Statistical Summary of Project Proposed Project Summary Parcel l Parel2 Parcel 3 Parcel 4 Lot Area 6611 sf 7605 sf 9619 sf 7260 sf Building Footprint 1775 sf 2685 sf 1186 sf 1183 sf (not to exceed 35%) 27% 35% 12% 16% Landscaped Area 4766 sf 4420 sf 4930 sf 4826 sf minimum 40% 72% 58% 51% 66% Covered Parking 2 spaces 2 spaces 2 spaces 2 spaces Guest Parking 2 spaces 2 spaces 2 spaces 2 spaces Lower Living Area 1143 sf 2245 sf 1218 sf 1204 sf Upper Living Area 860 sf 0 sf 841 sf 860 sf Garage 431 sf 440 sf 473 sf 431 sf EXHIBIT E: Grading and Drainage Plan `C- i EXHIBIT F: Lot 1: Floor Plan and Elevations r_� - � —7--_ -_ II I 7/- r7? - "A --m-s. Tt� EXHIBIT G: Lot 2: Floor Plan and Elevations EXHIBIT H: Lot 3: Floor Plan and Elevations Ma. - usa,. EXHIBIT 1: Lot 4: Floor Plan and Elevations LIM I !I! Lif] I ILI! I I I I 1 -1 rum tie All EXHIBIT J: Exterior Color & Material Sample Board 0 W,�� tY�j ROW � . T4i .suun-5 TYPE Honey flied Hardip" I.ot 4 TYPE Garage i Door Sttt000 frim Htudih Roof S - tilt Garage D. Metol Accent Windows Vinyl LIWtj t1F 142INb otl & 3 TYPE iding rTrim Roof Hardip" Hardifasciu Com . §h -r Garage i Door Metal Accents Windnwx I Viny1 NA Honey Hoo ye Taupe Nasika Gmcn. Muscw White Chancy Nasika Gran. Muscu _Hhite White W2 TYPE CULDIII tis b« 0 I mWe Swint I Stucco and wood Lt. (ircc Trim Wood Roof Comp. Shingle Garage D. Mewl Accent Windows Wood and altunintan brown Off whil Tan or c EXHIBIT K: Arborist Report Steven G. Alvarez Arborist 1615 Lupine Lane Templeton, CA. 93465 (805)431-2581 September 29. 2003 Revised March 4. 2004 To: Mr. William Mehrinu From: Steven Alvarez Certified Arborist Re: Lot Split for Parcel on Tunitas avenue Atascadcro CA This report is regards to the proposed lot split listed above. The trees on the existing lot consist of young to mature white oaks (Quercus alba) and white oaks (Quercus lobara) and one black walnut (.Iudlans nigra). 'Three trees will meed to be removed to accommodate the lot split. The owner shall be solely responsible in providing a copy of this tree protection plan to attr and all contractors that encroach within the drip line of any native tree. It is highly advised that the owner has each contractor sign his copy also. The following mitigation measures and methods must be fully understoexl and ti4low•ed by anyone working within the critical root zone of any oak tree. Any necessary clarification will be provided by the arborist upon request. 1. Fencing: 'The proposed fencing is highlighted in yellow on the grading plan. It must be it minimum of 4' high chain link, snow or safety fence staked at die drip -line or line of encroachment fi)r each tree or group of trees. The fence must he up before am construction or earth moving begins. The owner shall be responsible for maintaining an erect fence throughout the construction period. The arborist upon notification will inspect the fence placement once it is erected. This is mandatory for this project. 2. Soil Aeration Methods: Soils under the drip -lines that have been compacted by heavy equiptnent 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- i' apart with a 24" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist(s) shall advise. 3. Chip Mulch: All areas within the drip -line of the trees that cannot be fenced shall receive a 4-6" layer ol'chip mulch to retain moisture, soil structure and reduce the effects of soil compaction. 4. Trenching Within the Drip -line: All trenching under the drip -lines of native trees shall he hand dug, augured or bored. All major roots shall be avoided whenever possible. All exposed roots larger than 1" in diameter shall be chart cut with a sharp pruning tools and not left ragged. 5. Grading Within the Drip -line: Grading should not encroach within the drip -line. If grading is necessary. construction of retaining walls or tree wells or other EXHIBIT K: Arborist Report protection measures may be necessary to insure the survivability of the tires. Chip mulch 4-6" in depth may alar he required in these arras Grading shoxrld not disrupt the normal drainage pattern around the trec.N. Dills should not crane a ponding condition and excavations should not Icavc the tree on a rapidly draining mound. 6. Exposed Roots: Any exposed roots shall be recovered the same day they were exposed. If they cannot. they must be covered with burlap or anuther suitable material and wetted down 2x per day until rr-huricd. 7. Paving Within the Drip-linc: Arborist will advise. The existing driveway on this lot has already been compacted so pavers may not be necessary. S. Equipment Operation: Vehicles and all heavy equipment shall not be driven under dre Iraw. as thk will contribute to soil compaction. 9. Existing Surfaces: The existing grouted surface within the drip -line of all oak trecs shall not Ix cut. tilled, compacted or pared. The exception will be adding base on the edge of the existing driveway. 10. Construction Materials and Waste: \o liquid or solid o unstruction %.sate shall he dumped on the grwrxd within the drip line of any oak tree. 11. Arborist Monitoring: An arborist shall be present for se{ected activities (tires identified on spreadsheet) and pre -construction tense placement. The monitoring does not rreocsxarily have to be continuous but observational at times during the above activities. 12. Pre -Construction Meeting: An on-site prc-construction meeting with the Arboristls), (hvncr, Planning half, and the earthy moving team may be required for this project. Prior to final occupancy, a letter from the arbonst(s► shall be required verifying the health/condition of all impacted trees aril providing any recommendations for any additional mitigation. The letter shall verify that the arhoristls) were on site for all grading andlor trenching activity that encroached into the drip -line of the selected native trees, and that all work done in these areas was completed to the standards art forth above. All tree-, potentially impacted by this project an numbered and identified on both the grading plan and the spreadsheet. The included spreadsheet includes trees listed by number, species and multiple stems if applicable. di uneter and breast height (4.5'1 * 4.5'I. condition (scale fr(xn pax to excellent). status (avoided. imlxtcted. removed. exempt). percent of drip line imported. mitigation required (fencing), construction impact (house. road, ctc.). and individual tree notes. Ple r_sc let me {grow• if I cwt be of ane future assistame to you for this project Steven G. Alvarez � r Certified Arborist 40511 EXHIBIT K: Arborist Report § � o S w G � z| I|£ K k k k k k k k k k k\ 9 | $ � � � o - - - - � - - - f !| �] 0 0 6 6 6& O d 6 6 G d 6 6 6 0 a �( � k � q � � q n � � § �§�¢22��¢��/����/� 0 0 � � � @ q n ui )! §� CL 0- � � a a�� a� a a a a a a j\k § © � 2 � � � � � � � � � � � � _ _ -■2 � 2���99ƒƒƒƒƒf/�ƒƒƒf § � )k� o a c u■ 2� u# R R 9 u u 9 R P 9 R \$2. /)¥|� cc u� � \ z|=a� UJ © } 2 a &■ G� G o$$ 2 2 2 g 8 G G 2¥ 2 e oa I � \- u� , | LU �{ 0 k � o o � -T (D _ LO tn - IT - - U') - r- » . || # Iz Co r-- � C,4 G G / � G & Q G � b � 2|�E� 2 V q , 6k; Lu \ \ 0 0 \ 0 0 0 3: § \ \ \ \ � 2 0 � [22 co -----��---� &2|§|& c � -----��---� ATTACHMENT 6: Draft Resolution PC 2004-0040 PD -7 Master Plan of Development (CUP 2003-0118)/ZCH 2002-0071/TPM 2003.0052 Approval of Proposed Vesting Tentative Parcel Map DRAFT RESOLUTION PC 2004-0040 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE VESTING TENTATIVE PARCEL MAP 2003-0052 A FOUR LOT MAP CONSISTENT WITH A PD -7 OVERLAY ZONE OF APN 029-081-010 (5528 Tunitas Ave, 5559, 5569 Rosario Ave. / Mehring) WHEREAS, an application has been received from William Mehring (11190 Santa Lucia Rd, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a zone change from RMF -10 (Residential Multi -Family) to RMF -10 / PD -7 (Residential Multi -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- 081-010 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 Mult�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 four 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 Parcel Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on April 7, 2004, studied and considered Tentative Parcel Map 2003- 0052, 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 proposed Planned Development Overlay District #7 Master Plan of Development (CUP 2003-0118). 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 April 7, 2004, resolved to recommend that the City Council approval of Vesting Tentative Parcel Map (TPM 2003-0052) subject to the following: 1. Exhibit A: Vesting Tentative Parcel Map 2003-0052 2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Bob Kelley Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Vesting Tentative Parcel Map 2003-0052 JUA S MCI i Exhibit B: Conditions Of Approval / Mitigation Monitoring Program Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5528 Tunitas Ave./5559, 5569 Rosario Ave. BL: Business License GP: Grading Permit Services BS: Building PD -7 Master Plan of Development BP: Building Permit Services TPM 2003-0052 FI: Final Inspection TO: Temporary Occupancy FD: Fire Department PD: Police FO: Final Occupancy Department CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. The approval of this Tentative Parcel Map shall not FM PS become final and effective following approval of Zone Change 2003-0071 and CUP 2003-0118. 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 APN 029-081-010 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 thesubdivision. 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 construction valuation of each of the market rate Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5528 Tunitas Ave./5559, 5569 Rosario Ave. :Business License Services BS: Building PD -7 Master Plan of Development GP: Grading Permit G BP: Building Permit Services TPM 2003-0052 FI: Final Inspection TO: Temporary Occupancy FD: Fire Department PD: Police FO: Final Occupancy Department CE: City Engineer WW: Wastewater CA: City Attorney units. 9. Workforce Housing FM PS, CE Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve 1/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved; and ■ The City Attorney shall approve the final form of the agreement. Building Services 10. 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 11. The location of all existing and proposed fire FM CE hydrants shall be shown on subsequent building permit applications. 12. 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. 13. Address signage design shall be provided prior to FM CE issuance of any subsequent building permits. Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5528 Tunitas Ave./5559, 5569 Rosario Ave. :Business License Services BS: Building PD -7 Master Plan of Development GP: Grading Permit G BP: Building Permit Services TPM 2003-0052 FI: Final Inspection TO: Temporary Occupancy FD: Fire Department PD: Police FO: Final Occupancy Department CE: City Engineer WW: Wastewater CA: City Attorney City Engineer Site Specific Conditions 14. In the event that the applicant is allowed to bond for BP PW the public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 15. An engineer's estimate of probable cost shall be BP/GP/FM PW submitted for review and approval by the City Engineer to determine the amount of the bond. 16. The Subdivision Improvement Agreement shall BP PW record concurrently with the Final Map. 17. All public improvements shall be constructed in FM PW conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 18. The applicant shall enter into a Plan BP PW Check/Inspection agreement with the City. 19. The applicant shall be responsible for the relocation FM PW and/or alteration of existing utilities. 20. The applicant shall install all new utilities (water, FM PW gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 21. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 22. A preliminary subdivision guarantee shall be BP BS submitted for review in conjunction with the processing of the parcel map. 23. All existing and proposed utility, pipeline, open BP PW 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. 24. Prior to recording the parcel map, the applicant BP PW shall submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance forth herein shall Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5528 Tunitas Ave./5559, 5569 Rosario Ave. G :Business License GP: Grading Permit Services BS: Building PD -7 Master Plan of Development BP: Building Permit Services TPM 2003-0052 FI: Final Inspection TO: Temporary Occupancy FD: Fire Department PD: Police FO: Final Occupancy Department CE: City Engineer WW: Wastewater CA: City Attorney submit set for review and approval. 25. Prior to recording the parcel map, the applicant's BP PW surveyor shall set monuments at all new property corners or shall indicate, by certificate on the final 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. 26. Prior to recording the parcel map, the applicant BP BS shall pay all outstanding plan check/inspection fees. 27. Prior to recording the parcel map, the applicant BP PW 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, which indicates their 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. 28. Upon recording the final map, the applicant shall BP BS provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 29. Prior to the final inspection of any public BP PW 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. City Engineer BP PW Site Specific Conditions 30. The applicant shall construct new curb, gutter, and BP PS/PW sidewalk, in accordance with City Standards, along entire frontage. The back of sidewalk shall be placed at the property line, unless the City Engineer deems a different alignment is appropriate. 31. The applicant shall overlay Tunitas to the centerline BP PS/PW plus ten feet, in accordance with City Standards. 32. The applicant shall address storm water detention BP PW prior to grading and drainage approval. 33. The applicant shall pay sewer Extension BP BS (Annexation) and Connection fees upon issuance Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5528 Tunitas Ave./5559, 5569 Rosario Ave. :Business License Services BS: Building PD -7 Master Plan of Development GP: Grading Permit G BP: Building Permit Services TPM 2003-0052 FI: Final Inspection TO: Temporary Occupancy FD: Fire Department PD: Police FO: Final Occupancy Department CE: City Engineer WW: Wastewater CA: City Attorney of building permit. 34. Existing drainage patterns from adjacent properties BP PW shall not be obstructed. 35. All drainage from improvements shall cross BP PW property lines within drainage easements. Five- foot drainage easements shall be shown on final map. Wastewater Department Standard Conditions BP PW 36. Existing SS lateral shall be located at the Parcel 2 property line/ Tunitas R.O.W. and capped for future Parcel 1 use. 37. Each building shall be individually connected to the public sewer via a 4" gravity lateral, or as approved by the City Engineer. Atascadero Mutual Water Company 38. Before the issuance of building permits, or the BP BS recording of the Final Map, the applicant shall submit plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All 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. 39. Prior to the issuance of building permits, the BP BS applicant shall obtain a "Will Serve" letter from the Atascadero Mutual Water Company for the newly created Lots. 40. 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. 41. Before the issuance of building or permits, the BP BS 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. 42. The applicant is responsible for designing and BP BS/PW constructing water system improvements that will Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5528 Tunitas Ave./5559, 5569 Rosario Ave. G :Business License GP: Grading Permit Services BS: Building PD -7 Master Plan of Development BP: Building Permit Services TPM 2003-0052 FI: Final Inspection TO: Temporary Occupancy FD: Fire Department PD: Police FO: Final Occupancy Department CE: City Engineer WW: Wastewater CA: City Attorney provide water at pressures and flows adequate for the domestic and fire protection needs of the project. Mitigation Measures 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 Equipment • Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non - taxed version suitable for use off-road). • Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. • Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non - potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5528 Tunitas Ave./5559, 5569 Rosario Ave. :Business License Services BS: Building PD -7 Master Plan of Development GP: Grading Permit G BP: Building Permit Services TPM 2003-0052 FI: Final Inspection TO: Temporary Occupancy FD: Fire Department PD: Police FO: Final Occupancy Department CE: City Engineer WW: Wastewater CA: City Attorney 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. Mitigation Measure 4.e.1: The building permit site plan shall GP PS/BS 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/BS 4.e.2 identify tree protection fencing around the drip line of each existing on-site tree and/or native shrub mass within 20 feet of construction activity. Conditions of Approval / Mitigation Monitoring Program 5528 Tunitas Ave./5559, 5569 Rosario Ave. PD -7 Master Plan of Development TPM 2003-0052 Timing G :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 4.e.3: Grading and excavation and 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 drip line of all trees. 5. All trees within the area of work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Conditions of Approval / Mitigation Monitoring Program 5528 Tunitas Ave./5559, 5569 Rosario Ave. PD -7 Master Plan of Development TPM 2003-0052 Timing G :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 4.e.4: The developer shall contract with a GP 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 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 ofthe 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. Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5528 Tunitas Ave./5559, 5569 Rosario Ave. G :Business License GP: Grading Permit Services BS: Building PD -7 Master Plan of Development BP: Building Permit Services TPM 2003-0052 FI: Final Inspection TO: Temporary Occupancy FD: Fire Department PD: Police FO: Final Occupancy Department CE: City Engineer WW: Wastewater CA: City Attorney ■ Grading within drip -line: Grading should not encroach within the dripaine. 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 drip line of any oak trees. ■ 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 drip line 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 4.e.5: All tree removals shall be mitigated 4.e.5 as prescribed by the Atascadero Native Tree Ordinance. ($500.00) Mitigation Measure 6.b.1: The grading permit application GP BS 6.16.1 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. Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5528 Tunitas Ave./5559, 5569 Rosario Ave. :Business License Services BS: Building PD -7 Master Plan of Development G GP: Grading Permit BP: Building Permit Services TPM 2003-0052 FI: Final Inspection TO: Temporary Occupancy FD: Fire Department PD: Police FO: Final Occupancy Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 6.c.1: A soils report shall be required to be GP BS 6.c.1 submitted with a future building permit by the building department. Mitigation Measure 8.e.f.1: The developer is responsible for GP BS 8.e.f.1 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 11.d.1: All construction activities shall GP BS 11.d.1 comply with the City of Atascadero Noise Ordinance for hours of operation. \\Cityhall\CDvlpmnt\- ZCH - Zone Change\ZC 03\ZCH 2003-0053. San Jacinto PD7\ZCH 2003-0053 PC-SR.kg.doc