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HomeMy WebLinkAboutPC_2004-04-20_AgendaPacketCITY OFATASCADERO PLANNING COMMISSION AGENDA Regular Meeting April 20, 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 APRIL 7, 2004. COMMUNITY DEVELOPMENT STAFF REPORTS 2. TREE REMOVAL PERMIT 2004-0046,5140 TRAFFIC WAY Request to remove one (1) native oak tree, over 24 -inches in diameter located at 5140 Traffic Way. 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).) 3. CONDITIONAL USE PERMIT 2003-0106, EOC OVERNIGHT SHELTER Applicant: Economic Opportunity Commission, 1030 Southwood Drive, San Luis Obispo, CA 93401, Phone: 544-4355 Project Title: CUP 2003-0106; Overnight Shelter Project 965 El Camino Real, Atascadero, CA 93422 Location: (San Luis Obispo County); APN 049-041-010 Project The proposed project is a 32 -bed overnight shelter, located on a site currently developed with a Description: preschool and support facilities for the preschool. The project would be a conditionally allowed use (CUP 2003-0106) in a residential neighborhood (965 El Camino Real). The General Plan Land Use Designation: Suburban Estate Zoning District: Residential Suburban Proposed The project has been determined to qualify for a Class 3 Categorical Exemption under the Environmental provisions of the California Environmental Quality Act (CEQA section 15303; Class 3; New Determination: Construction under 10,000.) 4. ZONE CHANGE 2003-0063, CONDITIONAL USE PERMIT 2003-0112, TENTATIVE TRACT MAP 2003-0037 FOR A 32 -LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION Applicant: Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422 Phone: 461-7504 Project Title: Zone Change 2003-0063, Conditional Use Permit 2003-0112, Tentative Tract Map 2003- Project 0037 for a 32 -lot single-family residential subdivision. Project 1325 El Camino Real, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 049-101-009, 049-101-010 Project The proposed project consists of an application for a Planned Development Overlay Zone, Description: Conditional Use Permit, and Tentative Tract Map for a thirty-two lot residential subdivision on a 7.09 -acre parcel under the requirements of PD -17 overlay zoning district. The average lot size is 9,185 square feet. One 14,150 square foot lot will accommodate a landscaped drainage detention basin. The new homes will range in size from 820 square feet to 1,789 Proposed square feet. The project includes one home per lot each with a two -car garage and driveway Environmental for a total of 31 homes. The project's common open space includes two landscaped round- Determination: abouts and two landscaped detention basins. One existing on-site colony house will be relocated on site and rehabilitated in order to continue its residential use. The project will require the removal of 13 native oak trees. General Plan Designation: Single Family Residential -X Zoning District: Residential Single Family -X Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The proposed Mitigated Negative Declaration is available for public review from Determination: 2/27/04 through 3/17/04 at 6905 El Camino Real, Suite 6, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. ZONE CHANGE 2003-0077, AUTO AND VEHICLE DEALERSHIPS - INDOOR DISPLAY ONLY Applicant: City of Atascadero, 6905 El Camino Real, Suite 6, Atascadero, CA 93422, Phone: 461-5000 Project Title: ZCH 2003-0077; Zoning Text Amendment Project Commercial Retail Zones Location: Project The proposed project is a zoning text amendment to the City's Municipal Code Article 12, Description: Section 9-3.223 and 9-6.163 to conditionally allow auto and vehicle dealerships — indoor display/sales only in the Commercial Retail Zone and conditionally allow auto and vehicle dealerships - indoor display/sales only on property with less than one acre net. General Plan Designation: General Commercial Zoning District: Commercial Retail Proposed CEQA Exemption by Statute Section 15061. The project will have no significant impact on Environmental the environment. Determination: COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on May 4, 2004, at the Pavilion on the Lake, 9315 Pismo Avenue, Atascadero. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to this public hearing. City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m., at the Pavilion on the Lake, 9315 Pismo Ave., Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall Annex business hours at the Community Development counter and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-5000, or the City Clerk's Office, (805) 461-5000. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Commission regarding the matter being considered to step up to the podium. If you wish to speak for, against or comment in any way: • You must approach the podium and be recognized by the Chairperson • Give your name and address (not required) • Make your statement • All comments should be made to the Chairperson and Commission • All comments limited to 5 minutes (unless changed by the Commission) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at least 24 hours prior to the meeting. Access to hook up your laptop to the City's projector will be provided. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Chairperson before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "PUBLIC HEARINGS", the Chairperson will call for anyone from the audience having business with the Commission to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Commission's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Commission). ITEM NUMBER: 1 DRAFT DATE: 4/20/04 CITY OFATASCADERO PLANNING COMMISSION MINUTES Regular Meeting Wednesday, April 7, 2004 — 7:00 P.M. CALL TO ORDER Chairperson Kelley called the meeting to order at 7:01 p.m. and Commissioner Porter led the Pledge of Allegiance ROLL CALL Present: Commissioners Beraud, Fonzi, O'Keefe, Peterson, Porter and Chairperson Kelley Absent: Vice Chairperson Jones Staff Present: Community Development Director Warren Frace, Deputy Community Development Director Steve McHarris, Associate Civil Engineer Jeff van den Eikhof, Associate Planner Kelly Gleason, Associate Planner Kerry Margason, City Attorney Roy Hanley and Recording Secretary Grace Pucci. APPROVAL OF AGENDA Chairperson Kelley suggested the agenda be changed to allow Item # 3 to be heard prior to Item #2. MOTION: By Commissioner Fonzi and seconded by Commissioner O'Keefe to approve the revised agenda. Motion passed 6:0 by a roll -call vote. PUBLIC COMMENT Eric Greening asked about the outcome of the Planning Commission's March 2nd tree ordinance discussion. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON MARCH 16, 2004. Commissioner Beraud asked that the Minutes of March 16, 2004 be revised as follows: pg. 7 Item #4 the minutes to reflect that she voted against the motion because the 30 -foot creek setback was not upheld. MOTION: By Commissioner Fonzi and seconded by Commissioner Beraud to approve the Minutes of March 16, 2004 as revised. Motion passed 6:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 2. 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: Commerciat/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. Environmental The proposed Mitigated Negative Declaration is available for public review from 3/17/04 through Determination: 4/5/04 at 6905 El Camino Real, Suite 6, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Deputy Community Development Director Steve McHarris provided the staff report and answered questions of the Commission. The following changes to the staff report were noted: Staff Report Page 30 — Commission certifies the mitigated negative declaration and approves the project. Mitigation Measures Page 43 — MM I. c. l Delete reference to front yard landscaping along ECR. Page 45 — MM 4.e.1 through 4.e.3 Delete Page 46 — MM 5.a.1 through 5.a.4 Delete Conditions Page 41 — Condition 12 to read: "All exterior material finishes... shall be durable, high quality, and consistent with the selected architectural design." PUBLIC COMMENT Ruel Czach, architect and project designer, stated the project was well designed and a good addition to the downtown. Mr. Zack answered questions of the Commission. Bob Wilson, owner of El Paseo Plaza adjacent to this project, objected to this type of development at this location. He questioned the size of the footprint and the lack of parking. He asked that this project be denied. Marc Eisemann, applicant, answered questions of the Commission. Chairperson Kelley closed the Public Comment period. MOTION: By Commissioner O'Keefe and seconded by Commissioner Beraud to adopt Resolution No PC 2004-0035 certifying Proposed Mitigated Negative Declaration 2004-0012; and adopt Resolution No. PC 2004- 0036 approving Conditional Use Permit 2004-0122 based on findings and subject to Conditions of Approval and Mitigation Monitoring, and with the addition to Condition of Approval No. 22 that sidewalks be comparable to those in the downtown area by the Carlton and adding the changes recommended by staff. Motion passed 6:0 by a roll -call vote. 3. Zone Chane 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 Location: Applies City wide Project PROPOSED ZONING CODE TEXT AMENDMENTS ADDING SECTIONS REGULATING Description: MOTORCYCLES AS AN ACCESSORY USE, OUTDOOR AMPLIFIED NOISE AND COST RECOVERY FOR NOISE DISTURBANCES. City Attorney Roy Hanley provided the staff report and answered questions of the Commission. PUBLIC COMMENT Doug Marks expressed his concerns with the proposed ordinance and asked that the right to peace and quiet in Atascadero be preserved. Jerry Robinson stated he fully supports the rights of property owners to use their property as they see fit as long as it does not impact on their neighbors. James Larson spoke about the advantages of allowing motorcycle use by young people and encouraged setting appropriate standards as well as open communication between neighbors. Tom Bruner expressed his support for allowing 4 -stroke motorcycle use on private property. John Yorland questioned the political process that led to this proposed ordinance. Eric Greening spoke about the growth of the community and the change to residential from rural. He stated that the ordinance as proposed was essentially unworkable, and he commended the efforts of the motorcycle users to get this recreational use moved outside of the city limits. Sorrel Marks indicated that the proposed ordinance does not address the noise and dust issues of motorcycle use as directed by the City Council. She stated that motorcycle use in residential areas reduces property values, and suggested landscaping and screening requirements and prohibition of use on holidays and weekends. Tim Pilg representing the Central Coast Motorcycle Association, raised several points including: 1) the number of motorcycle tracks actually in existence, 2) use of mediation between concerned parties, 3) propose a motorcycle park on rural property, 4) importance of this activity for youth. Nancy Spitzer expressed her concern with negative effects on property values if this ordinance is passed and the necessity of full disclosure of noise impacts when selling a property. Bob Briggs distributed pictures to the Commission of a motorcycle track on the property next to his. He spoke of the problems he has experienced because of this track. He questioned the process for complaints and the need for more definitive enforcement of the ordinance. Randy Benet disputed the negative effects of disclosure of a motorcycle track on property values. She spoke in support of setting specific times for allowing motorcycle riding. Vern Lewis stated he retired to Atascadero for the peace and quite and would like to see that continue. Carl Spitzer indicated that there is no acceptable use for motorcycles in residential areas. He spoke in favor of the principle of the quiet enjoyment of one's property, and the negative effect on property values. Wendy Small spoke against enacting this ordinance and in favor of allowing motorcycle use on private property. David Nichols disputed the contention that motorcycle usage reduces property values. He is in favor of supporting family oriented activities such as motorcycle riding on private property. Warren Miller stated the basic problem is the lack of respect for neighbor's concerns. He is not in favor of another ordinance, and encouraged more communication between neighbors. Dave Dunham urged the Commission to consider a compromise to the proposed ordinance allowing more time for motorcycle usage. Rosemarie Bem indicated that it has not been her experience that speaking with motorcycle riders would stop the noise or activity in her neighborhood. She asked that all motorcycle use within the City of Atascadero be banned. Robin Elliot spoke in favor of allowing the use of motorcycles on private property. Joel Smallwood stated he is against any ordinance restricting motorcycle use in Atascadero. He would like to see neighbors work together to eliminate the problem. Jeanne Hennier with her son Christopher spoke in favor of allowing motorcycle riding and indicated that it was a safe activity for young people. Danny Kramer stated he has tried to work with his neighbors who ride motorcycles, but they are unwilling to compromise. Malcolm Rowe spoke about a friend whose property has motorcycle track, and stated it has been devalued not because of the track, but because of a complaining neighbor. He supports allowing motorcycle riding on private tracks. Lisa (no last name given) stated she rode motorcycles when she was younger and spoke in favor of allowing motorcycle use in the community. Ron Berryman stated the issue is not motorcycles but rather noise and decibels of noise applicable to any activity. Sid Bowen stated that good neighbors should be able to work out issues such as noise. He is not in favor of another ordinance, but made suggestions if one is to be adopted. Amy Larson spoke in favor of allowing motorcycle tracks on private property. Lynn Miller expressed concern about air quality control issues related to motorcycle riding. She likes the idea of limiting the times motorcycles can be ridden, but is not in favor of another ordinance. Chairperson Kelley closed the Public Comment period. Chairperson Kelley recessed the hearing at 9:21 p.m. Chairperson Kelley called the meeting back to order at 9:28 p.m. Chairperson Kelley asked City Attorney Hanley to address some of the questions raised during the Public Comment period. Chairperson Kelley expressed his opinion that neighbors should be able to work these types of problems out. He indicated there might not be a need for another ordinance, as there are already codes in place to take care of this problem. Commissioner Beraud thought it would be good to encourage the county to establish a public track. Though not in favor of another ordinance, if it were a compromise that helped people to live together it would be a good idea. Commissioner Porter expressed concern that this ordinance would restrict motorcycle riding in areas where problems don't exist. He would like a remedy that addresses specific situations where an agreement between the parties cannot be reached and where abusers only would be cited. Commissioner O'Keefe stated that not all issues raised by the public have been adequately addressed, and that the ordinance as proposed is a good start. She supports the proposed ordinance as people's quality of life has been affected. Chairperson Kelley proposed a six-month waiting period on this ordinance to allow neighbors to work this out between themselves. He suggested involving the police department in neighborhood meetings and to encourage measures to quiet down the motorcycles. Commissioner Fonzi felt there was a need for mutual respect between neighbors. She would like to see the tracks identified, where are they, how loud are they, etc. She would like more information before she would be willing to vote on an ordinance. Commissioner Peterson stated that if this problem could be solved between neighbors the Planning Commission wouldn't be considering it tonight. He feels an ordinance is necessary to address these issues and should make recommendations regarding times, days and number of hours motorcycle use would be permitted. Commissioner Beraud stated that there needed to be some help for those who cannot work it out. She is concerned with the enforceability of the ordinance, she sees a need, but does not think it will function well in the long run. MOTION: By Commissioner Kelley and seconded by Commissioner Porter that the City adopt a six month moratorium on initiating an ordinance and with the cooperation of the Police and Planning departments, that these neighborhood tracks be identified and that neighborhood meeting are set up where the track owners and the neighbors can get together to set guidelines for the use of the tracks using some of tonight's suggestions, and after a six month period if there are more complaints from any citizens within the City that it be brought back to the Planning Commission. Motion failed 4:2 by a roll -call vote. (O'Keefe, Beraud, Peterson, Fonzi opposed) MOTION: By Commissioner O'Keefe and seconded by Commissioner Beraud to 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. Motion failed 3:3 by a roll -call vote. (Fonzi, Porter, Kelley opposed) MOTION: By Commissioner Fonzi and seconded by Chairperson Kelley to return this item to the Commission in one month with information on location of the tracks, and hours of operation, and with additional public input. Discussion: Commissioner O'Keefe questioned how staff would determine where these tracks are located. Community Development Director Frace stated that the City Council must give direction before staff would proceed such an investigation. Commissioner O'Keefe suggested approving the staff recommendation with the additional suggestion of obtaining the requested information. MOTION: By Commissioner Fonzi and seconded by Chairperson Kelley to make a recommendation to the City Council to continue this for a determined period of time to get more information about these tracks. Motion passed 5:1 by a roll -call vote. (O'Keefe opposed) NOISE SOURCE EXEMPTIONS City Attorney Roy Hanley explained the staff recommendations for noise source exemptions. Chairperson Kelley suggested a blanket policy that during the summer months concrete work could begin at 6:00 a.m. Additionally he recommended that garbage pickup could not commence until after 7:00 a.m. Commissioner O'Keefe suggested that staff check with the garbage disposal companies before making changes to determine if there would be a conflict in scheduling. MOTION: By Chairperson Kelley and seconded by Commissioner Fonzi to accept the ordinance with the following changes: 1) Address the hot summer months for concrete—hours for starting concrete work only could begin at six a.m. during the hot summer months, and any deviation would require special permission from the Building/Planning Director, 2) 9-14.03(c) amended as follows: Noise sources associate with construction, provided such activities do not take place before seven a.m. or after nine p.m. seven p.m. 3) Noise sources for garbage trucks: Garbage trucks, like other noise sources in the city can't begin before seven a.m. Motion passed 4:2 by a roll -call vote. (O'Keefe and Beraud opposed) COST RECOVERY City Attorney Roy Hanley explained the staff recommendations regarding cost recovery. Chairperson Kelley inquired about the time and cost to city staff to enforce fines. He stated cost recovery was uncalled for as the judicial system would solve any such problems, and indicated he is against this. MOTION: By Commissioner O'Keefe and seconded by Commissioner Fonzi to adopt Section 9-14.14 for cost recovery for response to disturbances. Motion passed 5:1 by a roll -call vote. (Kelley opposed) 4. Zone Change 2003-0071, Conditional Use Permit 2003-0118, Tentative Parcel May 2003-0052, 5559, 5569 Rosario / 5528 Tunitas PD -7 Applicant: William Metering, 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 Location: Rosario Avenue, Atascadero, CA 93422 (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. Environmental The proposed Mitigated Negative Declaration was available for public review from 3/19/04 Determination: through 4/7/04 at 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. PUBLIC COMMENT William Mehring, applicant, spoke about the options he had looked at for this property and the choice he ultimately made. He wanted to keep the project consistent with the neighborhood, and used a two-story design to lessen the footprint. Marge Mackey expressed concern about this project. She agrees with the additional two houses on the back of the property, but would like the original house left as it is to be compatible with the neighborhood. Mrs. Mackey is opposed to the project as designed. Johanna Walters lives next door and is worried about the ditch that goes from Rosario down her property to Tunitas. In addition, she is concerned with congestion on the street from this project. Lynn Miller stated her support for this project. Chairperson Kelley closed the Public Comment period. At the request of Chairperson Kelley, David Athy, Civil Engineer for this project, spoke about the drainage ditch mentioned earlier and how it would be addressed. Ted Alvarez, Arborist, spoke about the impacts to the trees on the property. Commissioner O'Keefe recommended bonding for the remaining trees on the property given her concern about the number of trees to be impacted. William Mehring addressed the concerns raised regarding tree protection. Mr. Mehring stated he would like to stay with the mitigation measures in the staff report, but would look at bonding if it were not expensive and would actually be effective. Mr. Mehring answered questions of the Commission. MOTION: By Commissioner Fonzi and seconded by Chairperson Kelley to adopt Resolution No. PC 2004-0037 recommending that the City Council certify Proposed Mitigated Negative Declaration 2004-0007; and, 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, 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 adding Lot 4 drainage realignment; and, 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, and with an addition to Condition of Approval 4e.4(d) to require the arborist's report to conclude the health of the impacted trees and summarize any additional fees that need to be paid into the mitigation fund for trees with poor viability. Motion passed 6:0 by a roll -call vote. COMMISSIONERS COMMENTS & REPORTS Commissioner Beraud asked if consideration has been given to having the Planning Commission meetings broadcast on the radio. She stated the Monterey conference was good and thanked the City for allowing her to go. Chairperson Kelley requested a representative from the Police and Fire Departments attend the next Planning Commission meeting in reference to the homeless shelter. Commissioner Beraud asked if a representative from the Police Department could attend any potential future hearing on the motorcycle issue. DIRECTOR'S REPORT Community Development Director Warren Frace reviewed the agenda for the April 20th Planning Commission meeting. Director Frace reported on the success of the Planning Commission Conference and asked Commissioners to share any interesting ideas they may have learned from the conference. He asked that all outstanding receipts for travel or accommodations be forwarded to Annette Manier. ADJOURNMENT Chairperson Kelley adjourned the meeting at 11:07 p.m. to the next regularly scheduled meeting of the Planning Commission on April 20, 2004. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary \\Cityhall\CDvlpmnt\— PC Minutes\PC Minutes 04\PC Draft Minutes. 04-07-04.doc ITEM NUMBER: 2 DATE: 4/20/04 Atascadero Planning Commission Staff Report — Community Development Department Tree Removal Permit TRP 2004-0046 (5140 Traffic Way: Jeckell) SUBJECT: Request to remove one (1) 24 -inch diameter Valley Oak tree located at 5140 Traffic Way. RECOMMENDATION: Staff recommends: The Planning Commission adopt Resolution PC 2004-0045 to approve the request to remove one (1) 24 -inch Valley Oak tree subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance. SITUATION AND FACTS: 1. Applicant/Representative 2. Certified Arborist: 3. Project Address: ANALYSIS: Matt Jeckell, 5140 Traffic Way, Atascadero, CA 93422 Scovell Tree Surgery, 3850 Maricopa Road, Atascadero, CA 93422 5140 Traffic Way, Atascadero, CA 93422 APN 028-192-058 The applicant is proposing to remove one (1) 24 -inch Valley Oak tree on property that is zoned Residential Multi Family -16 (RMF -16) in order to construct a master bedroom to an existing 800 square foot single-family residence. The applicant met with City staff prior to a building application to discuss design alternatives. Due to site and cost constraints, the applicant has requested the removal of the native oak tree in order to construct the room addition (Attachment 1). The City of Atascadero's Tree Ordinance requires that mitigation for native tree removals be implemented as a condition of approval. Staff recommends that the tree removal be mitigated by replanting three (3) fifteen (15) gallon Valley Oak trees near Alamo Road (Table 1). TRP 2004-0046 5140 Traffic Way.PC-SR.doc ITEM NUMBER: 2 DATE: 4/20/04 EVERGREEN NATIVE TREE REMOVAL INCHES TYPE CONDITION LOCATION 1. 24" VALLEY OAK GOOD 5140 TRAFFIC WAY MITIGATION TOTAL = 24" REPLANT THREE FIFTEEN GALLON TREES OR PAY $400 INTO TREE FUND TABLE 1: NATIVE TREE REMOVAL MITIGATION FINDINGS: Pursuant to the Tree Ordinance (Ordinance No. 214), "decisions on native tree removals of 24 -inch dbh-size or larger shall be made by the Planning Commission." In considering any tree removal request, at least one of the required findings must be made. Staff has identified finding #5 as appropriate for the application request. 5.) The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: • Early consultation with the City, • Consideration of practical design alternatives; • Provision of cost comparisons (from applicant) for practical design alternatives; • If saving tree eliminates all reasonable uses of the property, or • If saving the tree requires the removal of more desirable trees. CONCLUSION: Staff finds that the tree is obstructing proposed improvements and meets the requirements as shown in Finding #5. This finding has been certified by the Community Development Department, and meets the required findings for removal. PREPARED BY: Lisa Wilkinson, Assistant Planner ATTACHMENTS: Attachment 1: Site Plan Attachment 2: Site Photo Attachment 3: Arborist Report Attachment 3: Draft Resolution PC 2004-0006 Exhibit A: Conditions of Approval TRP 2004-0046 5140 Traffic Way.PC-SR.doc Attachment 1 Site Plan ITEM NUMBER: 2 DATE: 4/20/04 5140 Traffic Way Alamo Road PRWIDE 2 55LoPE A�OT FROM FOwDaT1ON AT LA4DSCApE AREAS AND AT MAUVE SOIL AREAS. pp M,rt K SLOPE AWAY FROM FOUNDATION At CONC FLATKVW AREAS FOR A MIN OF Y 2 TCM OF 7 TP RO—� Y VfR1F ON im sift I APPRax LOCATION Q EXIST OAK TREE TO BE RMNED 71FFR TO ARBORIST TT1R ATIACNED AND V1 RUMAL APPLICA T Y!! T MCN"" 50 rT I OWN=, BATIIK,�M ApprpM T �I IE n Proposed addition �I Mt 40%5 r"R. -- EMT. D.K. t71R.—i— am PAARL w I OR 5E1AnCI I 4ARA(J �•.•�.IttL'.. Nt' I I I DUST. Cox MNU AT 50' raffic Way EXIST. (AMS CUTTER AND SIDtHALK TRP 2004-0046 5140 Traffic Way.PC-SR.doc ITEM NUMBER: DATE: 4/20/04 TRP 2004-0046 5140 Traffic Way.PC-SR.doc ITEM NUMBER: 2 DATE: 4/20/04 Attachment 3 Arborist Letter In ZM) ' - , A�a t Arborist Report Mr. Matt Jeckell 5140 Traffic Way Atascadero, CA December 9, 2003 One Quercus Lobata — Valley Oak 24" diameter, good condition. This tree is located in the rear of the lot approximately 15' from the rear of the existing house. The proposed room addition, if approved by the city, will require this tree to be removed for construction. Given the lot size and steep slope to the rear of the lot location for addition is limited. I will recommend removal of this tree and ask the client to replace it with 8 Quercus Lobata, locally grown, native stock, 5 gallon size planted at the rear of the lot toward Alamo St. Respectively, Chuck Scovell L�-)r ,, i' i Certified Arborist #/346 TRP 2004-0046 5140 Traffic Way.PC-SR.doc ITEM NUMBER: 2 DATE: 4/20/04 Attachment 4: Draft Resolution PC 2004-0045 Tree Removal - TRP 2004-0046 DRAFT RESOLUTION PC 2004-0045 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL OF ONE NATIVE OAK TREE LOCATED AT 5140 TRAFFIC WAY. (TRP 2004-0046/Jeckell) WHEREAS, an application for a Tree Removal Permit has been received from Matt Jeckell, 5140 Traffic Way, Atascadero, CA 93422, to allow the removal of one native oak tree located at 5140 Traffic Way; and, WHEREAS, the proposed project is located within the High Density Residential (HDR) land use designation of the City of Atascadero's General Plan Land Use Diagram; and, WHEREAS, the proposed project is located in the Residential Multi Family -16 (RMF -16) zoning district; and, WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on April 20, 2004, at 7:00 p.m. in the Lake Pavilion located at 9315 Pismo Avenue and considered testimony and reports from staff, the applicants, and the public; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of Tree Removal Permit. The Planning Commission finds as follows: 1. The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: • Early consultation with the City; • Consideration of practical design alternatives; • Provision of cost comparisons (from applicant) for practical design alternatives; • If saving tree eliminates all reasonable uses of the property; or • If saving the tree requires the removal of more desirable trees. TRP 2004-0046 5140 Traffic Way.PC-SR.doc ITEM NUMBER: 2 DATE: 4/20/04 SECTION 2. Approval. The Planning Commission hereby approves Tree Removal Permit 2004-0046 subject to the following Conditions and Exhibits: Exhibit A: Conditions of Approval 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: Attest: Warren M. Frace Planning Commission Secretary CITY OF ATASCADERO, CA Bob Kelley Planning Commission Chairperson TRP 2004-0046 5140 Traffic Way.PC-SR.doc ITEM NUMBER: 2 DATE: 4/20/04 Exhibit A: Conditions of Approval Tree Removal - TRP 2004-0046 Conditions of Approval Timing Responsibility 1 24 -inches TRP 2004-0046 2 /Monitoring 3 PR: Prior to Removal BL: Business License PS: Planning Services 5 BP: Building Permit BS: Building Services Total 24 -inches TO: Temporary Occupancy FD: Fire Department req'd tree replacements: 8 five gal trees F0: Final Occupancy PD: Police Department 0 box trees (24") Remaining Mitigation CE: City Engineer Tree Fund Payment: $ 400.00 WW: Wastewater CA: City Attorney Planning Services 1. The applicant shall replant three (3) fifteen (15) PR PS gallon trees or equivalent at 5140 Traffic Way. 2. No tree removals shall be allowed prior to the PR PS issuance of an approval letter and building permit. 3. The replacement trees shall be drip irrigated for the FO PS first six months or until the trees have become established. Evergreen Native Trees (inches) dbh notes 1 24 -inches 2 3 4 5 6 Total 24 -inches Mitigation Requirement req'd tree replacements: 8 five gal trees Proposed Replanting 0 five gal trees 0 box trees (24") Remaining Mitigation 8 five gal trees (Or Equivalent) Tree Fund Payment: $ 400.00 TRP 2004-0046 5140 Traffic Way.PC-SR.doc ITEM NUMBER: 3 DATE: 4/20/04 Atascadero Planning Commission Staff Report — Community Development Department CUP 2003-0106 Economic Opportunity Commission Overnight Shelter 965 EI Camino Real RECOMMENDATION: Overnight shelters have the potential to create neighborhood incompatibilities if not well managed. The project has been conditioned by staff, including the Police Department to strictly regulate nighttime activities and prohibit daytime use of the shelter. Based on the conditions, it appears that all of the required findings of approval can be made by the Planning Commission for a conditional use permit, including the finding of "neighborhood compatibility." Based on the findings, staff is cautiously recommending approval of the project subject to the rigorous enforcement of all the conditions of approval. However, changes to the proposed conditions of approval could alter the project and staff would then withdraw its recommendation. The Planning Commission adopt Resolution No. PC 2004-0043 approving Conditional Use Permit 2003-0106 establishing an Overnight Shelter and allowing for the deferred removal of one, 56 -inch dbh Live Oak tree subject to the findings, conditions and exhibits as attached to the resolution. REPORT -IN -BRIEF: The proposed project is a request for a Conditional Use Permit to establish a thirty-two bed (32) Overnight Shelter on property located at 965 EI Camino Real. The project also includes incorporation of the existing uses on site into a Master Plan of Development. The overnight shelter is defined as a Residential Care Facility, which is a conditionally allowed use in the RS Zone. ITEM NUMBER: 3 DATE: 4/20/04 The project site is currently developed with two (2) buildings that are used for the Economic Opportunity Commission's Head Start Preschool program; one (1) existing residence that functions as an informal caretaker's unit; and two (2) small storage sheds. SITUATION AND FACTS: 1. Applicant: Economic Opportunity Commission, Steve McGrath 1030 Southwood Dr., San Luis Obispo, CA 93401 Phone: 544-4355 2. Project Address: 965 EI Camino Real, Atascadero, CA 93422 (APN 049-041-010) 3. General Plan Designation: Suburban Estate (SE) 4. Zoning District: Residential Suburban (RS) 5. Existing Use: Headstart Preschool and supporting facilities 6. Environmental Status: Categorical Exemption CEQA section 15303 Class 3(c). Hwy 101 ] FW7 t t i t Graves Creek ITEM NUMBER: DATE: 4/20/04 :t Home Depot Commercial Center CPK ,// j EI Camino �eal RMF -16 I Santa Cruz Road I ITEM NUMBER: 3 DATE: 4/20/04 DISCUSSION: Background: The project site is approximately 3 acres in size and is located south of and adjacent to the commercially zoned Home Depot property. The Residential Suburban Zoning district extends to the west, east and south of the property. Currently, there are five (5) buildings on the site. The Head Start Preschool program uses two (2) of the buildings for schoolrooms and two (2) buildings for storage. There is one (1) existing residence onsite that is used as a rental and informally acts as a caretaker's unit. Preschools, caretaker units and residential care facilities are conditionally allowed uses as accessory uses in the residential suburban zoning district. Staff has been unable to verify a previously approved conditional use permit for the existing uses onsite. However, the uses have been in place for the past 25 to 30 years, starting sometime between 1974 and 1979 prior to City incorporation. This Conditional Use Permit would incorporate all of the existing and proposed uses into a single Master Plan of Development. Changes to any structures or uses on the site would be subject to the approval of an amendment to this Conditional Use Permit. Neighborhood Meetings The Economic Opportunity Commission (EOC) held three public workshops to elicit input from neighbors and other local stakeholders. The meetings were held over a year ago as part of the project's pre -application process. Although neighborhood support for the project was never gained, many of the neighborhoods concerns regarding location and site design were incorporated into the project. Analysis: Residential Care Facility (Overnight Shelter) The proposed project is a residential care facility to be operated as an overnight shelter service for homeless families and individuals. The shelter will operate seven nights a week, year round, from 6:00 p.m. until 7:30 a.m. (Condition 7). Shelter staff will be onsite from 4:15 p.m. to 7:45 a.m. The facility will be 3,200 +/- square feet with 32 beds, a common area and an outdoor patio area. Daytime use of shelter or use of the building for client screening or serving dinner is not permitted under the Conditional Use Permit. ITEM NUMBER: 3 DATE: 4/20/04 Neighborhood Compatibility The EOC has provided a copy of the proposed shelter rules, violations and consequences for violations for review (refer to Attachment 2 and 3). These rules are subject to review and approval by the Police Department. Staff has worked closely with the City Police Department to develop conditions of approval for the project to ensure neighborhood compatibility. Staff is concerned that the project has the potential to become a nuisance if it is not rigorously conditioned and managed. The following is a summary of the Police Department's conditions of approval: • Police Department approval of all rules, policies, and procedures for screening clients. • Shelter clients are to be screened offsite. • Restriction on hours of operation for shelter and preschool. • Restriction of "walk in" clients. • Restriction of onsite parking. • Restriction of clients in neighborhood during non -shelter hours. • Security provisions for common areas of the shelter. • Restriction of outdoor use times. • Restriction of outdoor access. • No daytime use of site by clients. • Transportation of all clients off site to appropriate daytime locations. • Strict enforcement of loitering conditions in the neighborhood, commercial area and river. ITEM NUMBER: 3 DATE: 4/20/04 0 WE -"*W Preschool ; ~~ - s= Proposed Shelter and ' r�j , New Development Area E E E»tah7trOUOt&ADMSHELTER 0t>aisu ruuo A " `1""'°"'""G ! 'i Play Yard Parking - 7 Spaces r 1 �� ,!� �[ , ► s ,-�1- '...-a- I - 1 / '// ; / '�� `moi fir -t--... 1` � • X .�• � \� � !� � ! A Existing Residence ! '� Parking - 5 Spaces r r Parking - 5 Spaces Play Yard ! ' I ! N Vt •. n •Irc a u1 ur 0@616■ 06eor EOC Property Site Plan >� �•x` L!% APIan Overnight Shelte�rt Clients of the shelter will be required to attend an offsite dinner program for prescreening and preadmission to the shelter. There will be no onsite screening or admission of clients. Clients without personal transportation will be taken to the shelter by a shelter vehicle. Clients with personal transportation will "convoy" behind the shelter vehicle to the shelter site (see Conditions 31 and 32). Clients who have made prior arrangements to check in late will be required to meet a shelter worker at the dinner site and be escorted to the shelter. All late arrivals must be at the shelter by 10:00 p.m. Clients of the shelter are not allowed on the grounds or in the shelter neighborhood during non -shelter hours. Persons not authorized to be onsite will be considered trespassers and the proper authorities will be notified (Condition 33). ITEM NUMBER: 3 DATE: 4/20/04 Neighborhood Advisory Group The EOC Homeless Services has a Homeless Advisory Committee in San Luis Obispo that meets monthly. The committee includes two liaisons from EOC's 15 -member Board of Commissioners, as well as members of the public. Staff's research indicates that many of the "nuisance" type problems associated with other shelters in the County were greatly reduced when the Committee began meeting monthly to address neighborhood and public agency concerns. Staff is recommending the project be conditioned to establish a Neighborhood Advisory Group (Condition 11) to act as a liaison between the Shelter and the neighborhood. EOC will be responsible for the organization and management of the Group and will provide the City with summaries of all meetings and neighborhood issues. Failure of the Group to resolve neighborhood issues may trigger Planning Commission reconsideration of the Conditional Use Permit. Proposed Design The shelter is proposed as a 32 -bed facility in a 3,272 square foot building. Sleeping areas are designed as dormitory spaces, with moveable partitions for family areas. Showers, kitchen and laundry facilities will also be provided. According to EOC's conditions of approval the kitchen is not intended to be used to serve dinner, which is conditioned to occur off-site (Condition 7). Men's Restrooms/Showers CLaunlry J w I 'Afar: F • Men's Sleeping Area ITEM NUMBER: 3 DATE: 4/20/04 Women's Restrooms/Showers ,n I I ■ Is�� ISI Mi —]Shelter Floor Plan Women's Sleeping Area I woutn5 ,ic��w, I I rev si�+o Family Sleeping Area The proposed architecture is a one-story Craftsman bungalow style with a covered front porch, clerestory windows, wood siding and dormers over some of the windows. Colors are proposed as browns and greens with white trim and a black roof. Elevations and color boards are attached to the draft Resolution. Site Design The proposed new construction will be located in the northeast corner of the property, bordered by the Home Depot parking lot to the north and a single-family residence to the east. Residential care facilities (overnight shelters) must have a minimum site area of 20,000 square feet, all children's play areas are to be fenced and parking is based on zoning ordinance requirements. Access to the site will be along the main driveway fronting on EI Camino Real. The applicants have provided a site distance traffic report, prepared by Associated Traffic Engineers, dated October 7, 2003. The report recommends that the retaining wall along the portion of the property to the south of the driveway be lowered by two (2) brick rows and ITEM NUMBER: 3 DATE: 4/20/04 a small area of the dirt hill cut back to provide adequate site distance to the south of the driveway. The project has been conditioned accordingly (Condition 49). Retaining wall along the southern property frontage There are ten (10) native trees (shown on the site map, attached) within the construction site area and proposed improved access way. A Tree Protection Report, prepared by Carolyn B. Leach, dated August 8, 2003 has been submitted for review. The arborist recommends removal of Tree 9, as it is highly hazardous based on a major trunk cavity that encompasses 80% of the interior trunk wood. Tree 9 is a coastal live oak, approximately 56 inches in diameter. The tree is not within the construction area and provides screening of the residential property to the east of the project area. Staff is recommending the deferred removal of the Tree 9, allowing three new native trees to be planted and to become established (2-3 years) prior to removal of Tree 9 in order to continue to provide screening from the residence to the east. The Tree Preservation Report also provides mitigation measures for the other trees. These mitigation measures have been added to the conditions of approval for the project (Conditions 12 and 13). ITEM NUMBER: 3 DATE: 4/20/04 Existing Preschool and Residence The preschool and residence are existing uses on the site. This CUP incorporates the existing facilities into an overall master plan of development for the site. The preschool is divided into two buildings of 1,554 and 1,906 square feet with 7,150 and 1,730 square foot play yards, respectively. The two preschool areas total approximately 42,000 square feet with incorporation of parking and open space areas. Play yards are fenced and the facilities share a total of 17 parking spaces. As conditioned, the preschool will operate from 7:30 a.m. to 5:30 p.m., Monday through Friday (Condition 6). In order to bring the residence into conformance with the Zoning Ordinance, the project has been conditioned to provide a caretaker's agreement for the continued use of the residence (Condition 10). Caretaker facilities require that the resident be the owner, lessor, or an employee of the owner and the principal use on the site. General Plan Consistency The proposed project is consistent with the General Plan's Housing Element Goal HOS 6 to improve housing opportunities and living conditions for people with low and moderate incomes and those with special needs and to ensure that all people have equal access to sound and affordable housing. General Plan Policy HOS 6.1.3, 6.1.4, and 6.1.5. directly address the issue of homeless and displaced persons. Currently, the City participates in local efforts to assist the homeless and those in need of temporary shelter by supporting the ECHO program with CBDG funds. Establishment of the overnight shelter would further implement Housing Element Goal 6. ITEM NUMBER: DATE: 4/20/04 City of Atakadero c -n,ral Plan I I-,u%mg Flemenl Goal Il()S 6: Improre housing opportunities and living conditions for people with low and moderate incomes and those with special needs. Policy 6.1: Ensure that all persons regardless of race. religion. age, sex, marital status, ancestry, national origin, or color have equal access to sound and affordable housing. Programs: 1. Maintain zon:ng standards for use permits, planned developments, and residential accessory uses to allow housing for special groups. such as seniors and disabled person Responsible Agency: Community Development Department Timeframe: Ongoing Cuant,fied Objective: N -,A 2. Develop a program of incentives including density bonuses and reduced development standards for senior housing projects. Responsible Agency: Community Development Department Timeframe: Ongoing Quantified Objective: NIA 3. Cooperate with non-profit housing and social service agencies and pursue grants for providing housing opportunities for spec<al needs groups. such as the homeless and battered women. Responsble Agency: Community Development Department Timeframe: 2004 Quantified Objective: NIA 4. Cooperate with nonprofit groups and local religious organ!zations to allow the temporary use of churches as homeless shelters. Respons:ble Agency: Community Development Department Timeframe: Ongoing Quantified Objective: NIA 5. Continue to support local Motel Voucher programs for temporarily displaced persons. Responsible Agency: Community Development Department Timeframe: Ongoing QUantifled Objective: NIA ITEM NUMBER: 3 DATE: 4/20/04 Environmental Determination The project has been determined to qualify for a Class 3c Categorical Exemption under the provisions of the California Environmental Quality Act (CEQA section 15303; Class 3; new construction under 10,000 square feet). Conditional Use Permit Findings The Conditional Use Permit process provides the opportunity for the public and the Planning Commission to review land use proposals, including architectural design, site design, landscape, and specific standards of the Zoning Ordinance. There are five findings of approval that the Planning Commission is required to make for the approval of a Conditional Use Permit and one finding for native tree removal. The project has been conditioned by staff, including the Police Department to strictly regulate nighttime activities and prohibit daytime use of the shelter. Based on the conditions, it appears that all of the required findings of approval can be made by the Planning Commission including the finding of "neighborhood compatibility" subject to the rigorous enforcement of all the conditions of approval. However, changes to the proposed conditions of approval could alter the project and prevent the Commission from making the required findings. 1. The proposed use is consistent with the General Plan. Staff Comment: The use is consistent with the goals of the Housing Element as described in the analysis, specifically Goal HOS 6 and Policies HOS 6.1.3, 6.1.4, and 6.1.5. 2. The proposed use satisfies all applicable provisions of the Zoning Ordinance. Staff Comment: Residential Care Facilities are conditionally allowed uses in residential zones. As conditioned, the project satisfies all zoning code provisions. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to the property or improvements in the vicinity of the use. Staff Comment: Staff has worked closely with the City Police Department and EOC ITEM NUMBER: 3 DATE: 4/20/04 to identify any potential neighborhood conflicts that might arise. As conditioned with rigorous enforcement, the proposed overnight shelter should not be detrimental to the general public or working people's health, safety, or welfare. All clients must be kept within the building or the secure patio area upon arrival at the shelter site. Clients are not permitted onsite or within the neighborhood beyond the shelter's operating hours of 6:30 p.m. to 7:30 a.m. Clients must be transported to County Regional Transportation Centers upon the closing of the shelter in the mornings. 4. The proposed use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. Staff Comment: As conditioned, the proposed use is located in a transitional area between commercial and residential zoning districts. The preschools have been onsite for a number of years and are a part of the existing neighborhood. All access is limited to EI Camino Real and as conditioned, the project would not impede on the residential areas of Santa Cruz Road. The proposed architectural style and landscaping will blend with the existing neighborhood. The project is conditioned so that the use will fit within typical residential use standards. 5. The proposed use will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: The proposed building and use are consistent with the traffic projections and road improvements anticipated within the General Plan for EI Camino Real. As conditioned, the existing on-site parking and circulation meets the zoning ordinance requirements. In addition, a Site Distance Traffic Study was completed by Associated Transportation Engineers, dated October 7, 2003 for the project. All recommendations included in the study are project conditions. 6. The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist. Staff Comment. The Arborist has submitted a tree preservation report that recommends removal of a 56 -inch live oak because it is potentially hazardous (Tree No. 9 in the Tree Report). ITEM NUMBER: 3 DATE: 4/20/04 CONCLUSION: The proposed overnight shelter ' consistent with the goals and policies of the City's Housing Element of the General Plan. The project has been conditioned to integrate appropriately within the context of the surrounding uses and meets all site development and appearance review requirements of the zoning ordinance. ALTERNATIVES: 1. The Planning Commission may add to or modify project conditions for the proposed Conditional Use Permit and/or the tree removal request. However changes to the proposed conditions of approval could alter the project and prevent the Commission from making the required findings and change staff's recommendation. 2. The Planning Commission may deny the proposed Conditional Use Permit and/or the tree removal request. If the Planning Commission denies the project it must be based on the inability to make one of the five required finding. The motion must include the finding for denial to be legally valid. 3. The Planning Commission may continue the hearing and refer the project back to staff for further analysis. Direction should be given to staff and the applicant on required additional information. ATTACHMENTS: Attachment 1 - Site Plan and Tree Map Attachment 2 - Shelter Rules Attachment 3 - Shelter Violations and Consequences Attachment 4 - Applicant's Summary of Neighborhood Meetings Attachment 5 - Draft Resolution PC 2004-0043 ITEM NUMBER: DATE: 4/20/04 Attachment 1: Site Plan & Tree Map CUP 2003-0106 ITEM NUMBER: 3 DATE: 4120104 a - S ZL J h 3 2 J -j \ � / ♦ �\ IIS 10 •UtJ W / Tree Preservation Report Identification Number e e M: ITEM NUMBER: 3 DATE: 4/20/04 Attachment 2: Proposed Shelter Rules CUP 2003-0106 EOC HOMELESS SERVICES NORTH COUNTY FAMILY SHELTER RULES OF CONDUCT The Family Shelter facility, grounds and neighborhood are governed by EOC's "good neighbor" policy. All persons coming on site are expected to abide by program rules and to comply with a zero tolerance for violence and substance use or possession. 1. No verbal abuse of staff, volunteers, or clients (intimidation, swearing, racial remarks, sexual remarks). 2. No antagonizing/disruptive behavior, and/or creating a negative environment. 3. No being under the influence of alcohol or drugs, or in possession of these items while on the property. 4. You must follow reasonable staff instructions. 5. Parents must supervise their child(ren) at ALL times. 6. No smoking anywhere except designated smoking areas; no throwing cigarette butts on the ground. 7. No pets on the property. 8. You must take a shower when requested to do so. 9. No leaving after being admitted. 10. You must complete your assigned chore and have it signed off by staff or volunteer. 11. No failure to show after making arrangements for late arrival. 12. You must have pre -approval to arrive late. 13. You may not be in a dorm area, other than where you have an assigned bed, without staff permission. 14. No food/beverage in sleeping areas (capped, bottled water OK). 15. No inappropriate, obscene or suggestive clothing; shirts and footwear are required. 16. You must follow shelter rules and the good neighbor procedures and policy. 17. No intimate/inappropriate sexual behavior or possessing sexually -explicit material of any kind. 18. No loitering or trespassing on overnight shelter property or in the neighborhood. 19. No acts of violence toward staff, volunteers, clients, or damaging of property. 20. You may not be at the Overnight Shelter site without prior authorization. 21. You must turn into staff any weapons, knives, sharps, mace, pepper spray, etc, to be secured. 22. No stealing. 23. You must submit to a search of self and belongings when requested. ITEM NUMBER: DATE: 4/20/04 ITEM NUMBER: 3 DATE: 4/20/04 Attachment 3: Proposed Shelter Violations and Consequences CUP 2003-0106 EOC HOMELESS SERVICES NORTH COUNTY FAMILY SHELTER RULE VIOLATIONS AND CONSEQUENCES MINIMUM ONE NIGHT OUT (Shelter Only) (A "Written Warning Slip" will generally be given first, depending on the severity of the behavior.) 1. Verbal abuse of staff, volunteers, or clients (intimidation, swearing, racial remarks, sexual remarks) 2. Antagonizing/disruptive behavior, and/or creating a negative environment 3. Under the influence of alcohol or drugs - you must leave the property immediately 4. Failure to follow reasonable staff instructions 5. Parents not supervising their child (ren) at ALL times 6. Smoking anywhere except designated smoking areas, or throwing butts on the ground 7. Pets on the property 8. Failure to take a shower when requested to do so 9. Leaving after being admitted- (Automatic Night Out) 10. Failure to show after making prior arrangements to be late- (Automatic Night Out) 11. Failure to complete chore or have it signed off by staff or volunteer 12. Showing for a bed after 6:00 pm without prior arrangements- (Automatic Night Out) 13. In dorms where you do not have an assigned bed, without staff permission 14. Food/beverage in sleeping areas (capped bottled water OK) 15. Inappropriate, obscene or suggestive clothing, including no shirt or footwear 16. Failure to follow shelter and neighborhood parking guidelines, bikes as well 17. Failure to follow overflow guidelines MINIMUM 7 to 14 NIGHTS OUT (Shelter only) 18. Any multiple violations of Rules 1-17 19. Intimate/inappropriate sexual behavior or possessing sexually explicit material of any kind 20. Possession of alcohol on property (Automatic 14 Nights Out) 21. Loitering/Trespassing at the dinner program or in the neighborhood before 4:30 pm or after 6:30pm or being at the Overnight Shelter site without a bed 22. Failure to turn in weapons/knives/sharps, mace, pepper spray, etc MINIMUM 30 NIGHTS OUT (All Programs) (must schedule a Panel Appointment before returning) 23. Any multiple violations of Rules 1-17, or Rules 19-22 24. On property or within one fourth of a mile radius while suspended 25. Police called to assist with rule/consequence enforcement (1st violation) ITEM NUMBER: DATE: 4/20/04 MINIMUM 60 NIGHTS OUT (All Programs) (must schedule a Panel Appointment before returning) 26. Any multiple violations of Rules 1-17, 19-22, or 24 27. Verbal threats of violence toward staff, volunteers, or clients 28. Police called to assist with rule/consequence enforcement (2nd violation) MINIMUM 90 NIGHTS OUT (All Programs) (must schedule a Panel Appointment before returning) 29. Any multiple violations of Rules 1-17, 19-22, 24, or 27 30. Possession of drugs, drug paraphernalia on property (Police will be called for illegal drugs) 31. Refusal to be searched and/or have possessions searched 32. Police are called to assist with rule/consequence enforcement (3rd violation) MINIMUM 120 NIGHTS OUT TO A PERMANENT SUSPENSION (All Programs) (must schedule a Panel Appointment before returning) 33. Any multiple violation of Rules 1-17, 19-22, 24, 27, or 30-32. 34. Domestic violence, physical violence toward staff, volunteers, or clients - Permanent 35. Willful destruction of Shelter property (plus cost of damages) 36. Stealing 37. Possession of firearms (any type) on property - Permanent ITEM NUMBER: DATE: 4/20/04 Attachment 4: Applicants Summary of Neighborhood Meetings CUP 2003-0106 Applicant's Summary of EOC's North County shelter project neighborhood meetings Prior to submitting an application for a North County Shelter Conditional Use Permit, EOC scheduled public workshops on Wednesday, May 28, 2003 and Wednesday, June 11, 2003. The first two workshops were held at the Community Church of Atascadero, with light refreshments and child care available to facilitate attendance. At the June 11 meeting, neighbors requested an additional meeting on the site. EOC worked closely with a concerned neighbor who canvassed her neighbors for an appropriate meeting date. The third evening meeting was held on July 1, 2003. The purpose of the first workshop was to share design and programmatic information on the project, and identify issues and concerns of the community. At the second workshop, EOC shared our response, including design and programmatic changes, to issues identified at the prior meeting. The purpose of the third meeting was to allow neighbors and other community members to walk the site, which was staked to indicate the proposed shelter's footprint. Written comments were solicited from those attending each workshop. To encourage the broadest possible community workshop participation, EOC used these outreach strategies: ■ created display ad which ran in Atascadero News May 14, May 23, June 6, and June 11; ■ created English/Spanish fliers and distributed as follows: mailed with "Dear Head Start Parent" letter to 48 Atascadero Head Start households and placed at North County Head Start centers; mailed with "Dear Neighbor" letter to 19 residents within 1000' of Head Start site; hand -delivered with "Dear Neighbor" letter to 70 tenants of Hilltop Mobile Home Park, and 60 tenants of Camino Del Roble Mobile Estates, both of which are in Head Start neighborhood; mailed to Atascadero News and Tribune; mailed to elected officials in Atascadero and Paso Robles, and to North County Supervisors; mailed to other key stakeholders and community partners; provided to ECHO to distribute to Atascadero churches; placed at Atascadero City Library, City Hall and other public venues. ■ EOC staff attended the May 13 Atascadero City Council meeting and May 20 Atascadero Planning Commission meeting to publicize upcoming workshops during Public Comment. Fliers were also distributed in various "safety net" venues, with a request to share information in a neutral, unbiased manner that welcomed attendance without skewing public input by "stacking" the audience. The paid advertising and flier distribution resulted in CountyRoundup coverage in the ITEM NUMBER: 3 DATE: 4/20/04 Tribune on May 24 and May 30, and front page articles in the Atascadero News on May, 30, June 11 and June 18. The July 1 on-site meeting was publicized in the Tribune's CountyRoundup on June 27. Those attending the May 28 workshop included 21 community members, Atascadero Councilwoman Pacas, Atascadero staff Brady Cherry, two reporters, and staff from EOC and RRM Design. Those attending the June 11 workshop included 13 community members, one reporter, Atascadero Mayor Clay, Supervisor Ryan, Atascadero staff Brady Cherry, and staff from EOC and RRM Design. Those attending the July 1 workshop included 19 community members, Atascadero Councilwoman Pacas, Atascadero staff Brady Cherry, and staff from EOC and RRM Design. ITEM NUMBER: 3 DATE: 4/20/04 Attachment 5: Draft Planning Commission Resolution 2003-0043 DRAFT RESOLUTION PC 2004-0043 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A CONDITIONAL USE PERMIT TO ESTABLISH AN OVERNIGHT SHELTER AND IN THE RESIDENTIAL SUBURBAN ZONING DISTRICT AND ALLOW FOR THE REMOVAL OF ONE 56 -INCH COASTAL LIVE OAK (APN 049-041-010) (CUP 2003-0106; 965 E1 Camino Real) WHEREAS, an application has been received from the Economic Opportunity Commission, 1030 Southwood Drive, San Luis Obispo, CA, 93401 (Applicant) to consider Conditional Use Permit 2003-0106 to establish an Overnight Shelter; and WHEREAS, existing Preschool and Caretaker's Uses are currently on the project site; and WHEREAS, the proposed project is located within the SE (Suburban Estate) land use designation of the City of Atascadero's General Plan Land Use Diagram; and, WHEREAS, the proposed project is located within the RS (Residential Suburban) zoning district where residential care facilities are subject to the approval of a Conditional Use Permit; and, WHEREAS, the existing Preschool and Caretaker facilities are incorporated herein as part of the Master Plan of Development; and WHEREAS, the new construction is limited to 3,272 +/- square feet of building area and improvements for access and parking; and, WHEREAS, the arborist has recommended the removal of one native tree, ITEM NUMBER: 3 DATE: 4120104 WHEREAS, a Categorical Exemption, under the California Environmental Quality Act (CEQA) Section 15303 New Construction of Small Structures, Class 3(c), has been prepared; and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Conditional Use Permit application and the Tree Removal request on April 20, 2004 at 7:00 p.m., and considered testimony and reports from staff, the applicants, and the public, and NOW THEREFORE, the Planning Commission takes the following actions: SECTION 1. FINDINGS OF CATEGORICAL EXEMPTION FROM CEQA. The proposed project has been determined to be a categorical exemption from CEQA based on a Class 3(c) exemption pertaining to construction of new structures under 10,000 square feet. SECTION 2. FINDINGS FOR APPROVAL OF CONDITIONAL USE PERMIT. The Planning Commission finds as follows: 1. As conditioned, the proposed project is consistent with the General Plan; and, 2. As conditioned, the proposed project satisfies all applicable provisions of the Zoning Ordinance; and, 3. As conditioned, the establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to the property or improvements in the vicinity of the use; and, 4. As conditioned, the proposed project will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and, 5. As conditioned, the proposed 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 the full development in accordance with the Land Use Element. SECTION 3. FINDINGS FOR APPROVAL OF TREE REMOVAL PERMIT. The Planning Commission finds as follows: ITEM NUMBER: 3 DATE: 4/20/04 1. The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist; SECTION 4. APPROVAL OF CONDITIONAL USE PERNHT. The Planning Commission does hereby approve Conditional Use Permit 2003-0106 to establish an overnight shelter and incorporate preschool and caretaker uses into the Master Plan of Development and allow for the deferred removal of one 56 -inch live oak tree on the property located 965 El Camino Real, Atascadero, California (APN 049-041-010), consistent with the following conditions and exhibits: EXHIBIT A: Conditions of Approval EXHIBIT B: Title Sheet and Site Statistics EXHIBIT C: Site Plan EXHIBIT D: Overnight Shelter Floor Plan EXHIBIT E: Overnight Shelter Elevations EXHIBIT F: Colors and Materials EXHIBIT G: Site Sections for New Construction EXHIBIT H: Schematic Grading Plan for New Construction EXHIBIT I: Schematic Landscape Plan for Area Surrounding New Construction EXHIBIT K: Tree Mitigation Form 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 Bob Kelley, Chairperson Planning Commission Attest: ITEM NUMBER: DATE: 4/20/04 Warren M. Frace, Secretary Planning Commission ITEM NUMBER: DATE: 4/20/04 EXHIBIT A: CONDITIONS OF APPROVAL CUP 2003-0106 Condition of Approval Timing Responsibility CUP 2003-0106 /Monitoring BL: Business License PS: Planning Services BP: Building Permit BS: Building Services T0: Temporary FD: Fire Department Occupancy PD: Police Department FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Planning Services Conditions 1. The approval of this use permit shall become final and effective for the On Going PS purposes of issuing building permits, provided the required conditions of approval have been satisfied, fourteen (14) days following the Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Conditional Use Permit shall be valid for twelve (12) On Going PS months after its effective date. At the end of the period, the approval shall expire and become null and void unless the applicant has received a building permit, established the approved use or applied for an extension of entitlement. On Going PS 3. The granting of this Conditional Use Permit shall apply to 965 EI Camino Real, APN 049-041-010, regardless of owner. 4. This Conditional Use Permit allows for construction and operation of a On Going PS 32 bed, overnight shelter (item f). The uses already established on the site are made a part of the Master Plan of Development as shown on the attached site plan and as follows: a. Building A — Head Start 1,554 sq. ft. +/- b. Building B — Head Start 1,906 sq. ft. C. Building C - Existing Residence 1,214 sq. ft. +/- d. Building D —Storage 400 sq. ft. +/- e. Building E — Storage 1,191 sq. ft. +/- f. Overnight shelter 3,272 sq. ft. +/- 5. All site improvements, structures, colors, materials and landscaping BP PS shall be consistent with the attached exhibits. On Going PS 6. Preschool uses are limited to typical preschool activities between the hours of 7:30 a.m. and 5:30 p.m. All preschool children shall be offsite or accompanied by a parent prior to the opening of the overnight shelter in the evenings. Children of the clients utilizing the shelter must be in ITEM NUMBER: DATE: 4/20/04 Condition of Approval Timing Responsibility CUP 2003-0106 /Monitoring BL: Business License PS: Planning Services BP: Building Permit BS: Building Services T0: Temporary FD: Fire Department Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney the care of a parent or guardian at all times. On Going PS 7. Shelter uses are limited to overnight sleeping accommodations with showering facilities during the hours of 6:00 p.m. to 7:30 a.m. Any expansion of the shelter, additional use of he shelter facilities or expansion or modification of the other uses existing onsite will require amendment of the Conditional Use Permit. The following uses of the shelter facility are not allowed: client screening, serving of dinner, use by clients between 7:30 a.m. and 6:00 p.m. On Going PS 8. In accordance with Sections 9-2.109(3) and 9-8.105 of the Municipal Code of the City of Atascadero, violations or failure to implement the conditions of approval or violations of public health and safety laws, such as, but not limited to, excessive noise, traffic, parking violations, loitering, vandalism, theft, nuisances, etc. constitute a violation of this conditional use permit and are subject to reconsideration by the Planning Commission. The Planning Commission has the authority to add, modify, change or delete any conditions of approval or revoke the conditional use permit. On Going PS 9. The shelter shall be operated by the Economic Opportunity Commission (EOC) unless otherwise approved by the Planning Commission. On Going PS 10. Prior to Final Inspection of the proposed new construction, the EOC shall submit a copy of a Caretaker's agreement to the Community Development Director for review and approval. On Going PS 11. The EOC shall establish a Neighborhood Advisory Group to act as a liaison to the neighborhood and overall community. EOC shall be responsible for appointments to the Neighborhood Advisory Group and shall provide the Community Development Department with a current list of members and the telephone number of the key contact person. Duties of the Neighborhood Advisory Group shall include, but not be limited to: a. Regular public meetings to hear any City or neighborhood complaints. b. Formulate responses/solutions to all complaints. C. Report results of all meetings to the Community Development Director including meeting minutes, attendees and any proposed responses/resolutions for complaint issues. ITEM NUMBER: DATE: 4/20/04 Condition of Approval Timing Responsibility CUP 2003-0106 /Monitoring BL: Business License PS: Planning Services BP: Building Permit BS: Building Services T0: Temporary FD: Fire Department Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney During the first six months of operation meetings shall be held monthly. Thereafter meetings shall occur quarterly, unless the Community Development Director determines that less frequent meetings are warranted. BP/GP PS 12. All recommendations of the Tree Preservation Report, prepared by Carolyn Leach, dated August 1, 2003 and the amendment dated August 8, 2003 and all provisions of the City of Atascadero's native tree ordinance shall be followed during the construction process. Where there is conflict between the Arborist's recommendation and City standards/requirements, City standards/requirements shall be followed. BP/GP PS 13. If the Planning Commission approves the removal of Tree 9 as shown in the Tree Preservation Report, the applicant shall submit a tree replacement plan for replanting 9 five gallon or 3 fifteen gallon native stock Oak trees. The plan shall place emphasis on screening the project from the residential property to the east and shall be approved by the Community Development Department prior to installation. Tree 9 shall not be removed prior to establishment of the plantings, as determined by an Arborist (approximately 2-3 years). BP/GP PS 14. Prior to issuance of building permits, an onsite meeting shall be held to inspect all tree protection measures. The meeting shall include the Arborist, the grading contractor, the property owner/supervisor and a member of the Community Development Department. Prior to the meeting, all tree protection measures shall be installed and visibly evident. The Arborist's recommendations include: a. Install driveway on top of existing grade, without scarification, grubbing or subsurface excavation within the drip line area of trees 3, 4, and 5. b. Alternative paving materials, such as pavers, shall be used within the drip line area of trees 3, 4, and 5. C. Install underground utilities using a directional bore method. On Going PW 15. All onsite parking shall be in the designated parking areas shown on Exhibit C. On Going PW 16. There shall be no onsite parking of RV or other temporary camping/living quarters. ITEM NUMBER: DATE: 4/20/04 Condition of Approval Timing Responsibility CUP 2003-0106 /Monitoring BL: Business License PS: Planning Services BP: Building Permit BS: Building Services T0: Temporary FD: Fire Department Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney BP PS 17. The trash enclosure for the Shelter shall be of decorative, split -faced block with solid metal doors. Police Department Conditions FO PD/PS 18. The EOC shall submit a management program to the Police Chief for approval, prior to occupancy. The plan must include the following: a. A program description, including provision of qualified supervisors and a description of all onsite activities and services. b. Procedures for training staff and volunteers to recognize violations of the law or potentially dangerous situations. C. Provisions for monitoring access to the site and surrounding areas during daytime hours, when the shelter is not in operation. d. Provisions for responding to police or citizen complaints. e. Name and 24 hour telephone number of a "responsible party in charge" for all aspects of the Overnight Shelter program. The name and telephone number shall also be provided to the City of Atascadero Community Development Department. On Going PD/PS 19. Prior to issuance of building permits, EOC shall provide the City Police Chief with written copies of policies and procedures for screening Overnight Shelter clients. Emphasis will be placed on the rules and procedures for sex offenders. These policies and procedures shall be reviewed and approved by the City Police Department prior to final occupancy. All future proposed changes to the policies and procedures shall be approved by the City Police Chief. On Going PD/PS 20. Prior to issuance of a certificate of occupancy, EOC shall provide the City Police Chief with documentation of an agreement with the County Sheriff's Department for sex offender screening. "real On Going PD/PS 21. If the County Sheriff's Department cannot provide time" sex offender screening prior to the opening of the shelter, EOC will establish procedures for initial screening, to be approved by the City Police Chief, with follow up screening by the County Sheriff's Department. All shelter clients shall be screened by the County Sheriff's Department within 24 hours of the first night spent at the Shelter. ITEM NUMBER: DATE: 4/20/04 Condition of Approval Timing Responsibility CUP 2003-0106 /Monitoring BL: Business License PS: Planning Services BP: Building Permit BS: Building Services T0: Temporary FD: Fire Department Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Any client or potential client identified by the County Sheriff's Department as a sex offender, at any level, shall be prohibited from staying at the shelter or using its facilities. On Going PD/PS 22. The EOC shall continue to work diligently with the County Sheriff's Office to provide "real time" sex offender screening. On Going PD/PS 23. Prior to issuance of a certificate of occupancy, the City Police Chief shall review and approve rules and procedures to address the following: a. Procedures and penalties for bringing weapons to the shelter b. Penalties for violation of rules c. "Walkaways" d. Client screening e. "Terms of stay" f. Daytime loitering These procedures shall clearly define nuisance thresholds related to loitering, noise, and parking, in addition to violation procedures for criminal acts. All rules and procedures shall clearly state any and all consequences for violation of Shelter rules, procedures and policies. All future proposed changes to the policies and procedures shall be approved by the City Police Department. 24. There shall be one (1) "trained staff member" onsite at all times. On Going PD/PS "Trained staff members" shall be trained in first aid, CPR, emergency mental health procedures and sex offender screening. "Trained staff members" shall be employed by the managing agency of the shelter (EOC). Volunteers will not qualify as a "trained staff member." At no time shall there be less than two (2) person staffing of the shelter during the hours of 6:00 p.m. to 7:30 a.m On Going PD/PS 25. Prior to issuance of building permits, the City Police Chief shall review and approve a copy of an agreement with the County Mental Health ITEM NUMBER: DATE: 4/20/04 Condition of Approval Timing Responsibility CUP 2003-0106 /Monitoring BL: Business License PS: Planning Services BP: Building Permit BS: Building Services T0: Temporary FD: Fire Department Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Department for responding to after hour calls at the shelter. On Going PD/PS 26. The City of Atascadero Police Department shall have the right to inspect the shelter facility and/or review the client list at all times, as deemed necessary by the Chief of Police. On Going PD/PS 27. All common areas, including the outdoor areas, of the shelter shall be monitored by security cameras. In lieu of security cameras, the shelter may have a licensed security guard onsite during hours of operation. If security cameras are used, all tapes shall be backed up within 24 hours and shall be retained for a minimum of 15 days. On Going PS 28. All outdoor areas shall be lighted for visibility during nighttime hours. A lighting plan that prevents off-site glare shall be submitted for review and approval by the Community Development Department. On Going PS 29. All outdoor activities shall be limited to the hours of 7:00 p.m. to 10:00 p.m. In no cases, shall there be any outside activity on the premises after 10:00 P.M. On Going PD/PS 30. The outdoor patio area shall be fenced and screened from offsite views. All access to the outdoor area shall be through the shelter structure. On Going PD/PS 31. All shelter clients shall be screened and processed at the off site "dinner place" prior to transportation to the shelter. There shall be no 'walk-ins' or onsite screening of shelter clients at the shelter site. Shelter personnel shall provide transportation to the shelter site for clients without transportation. Clients with transportation shall "convoy" behind the shelter vehicles to the shelter site. On Going PD/PS 32. All clients shall convoy behind the shelter vehicles to the site after the dinner program. Any late arrivals shall meet shelter personnel at the dinner site and be escorted to the shelter site. On Going PD/PS 33. Shelter clients are not allowed on the grounds or in the shelter neighborhood during non -shelter hours. Persons not authorized to be onsite will be considered trespassers and the proper authorities will be notified. On Going PD/PS 34. At the time of morning departure, all shelter clients, without vehicles, th ITEM NUMBER: DATE: 4/20/04 Condition of Approval Timing Responsibility CUP 2003-0106 /Monitoring BL: Business License PS: Planning Services BP: Building Permit BS: Building Services T0: Temporary FD: Fire Department Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney shall be transported to the County Regional Transportation Center at 6t" and Pine Streets in Paso Robles. On Going PD 35. Daytime loitering or congregation of clients, onsite, in surrounding neighborhood, on commercial properties, on public streets, or in the Salinas River and Graves Creek areas shall not be permitted. EOC shall be responsible for the transportation and distribution of clients to appropriate locations to prevent this from occurring. Fire Marshal Standard Conditions BP/On FM/PS 36. All proposed new buildings will require a fully automatic supervised fire Going sprinkler system. FO/On Going FM/PS 37. All proposed new buildings will require an automatic fire alarm system with manual pull stations throughout. FO/On Going FM/PS 38. Smoke detection devices are required in all sleeping areas and shall be interconnected. FO FMBS 39. A minimum of one fire hydrant will be required at the driveway entrance. FO FM/PW 40. Fire Lanes: When approved by the Fire Chief, temporary access roads of a width, vertical clearance, and surface, which provide access for fire department apparatus, can be used until permanent roads are installed. Fire lanes shall be at least 20 feet in width. Fire lane signs are required to be installed along access roadways, in locations where vehicle parking would encroach on the required clear width of roadway. A specific fire lane sign is required at the entrance to projects, which have designated parking spaces. "Fire Lane— Tow -Away Zone" signs shall be posted at 50 foot intervals, unless an "All Roads are Fire Lanes - Park in Designated Spaces Only" sign is posted, in which case the "Fire Lane — Tow -Away Zone" signs may be posted at 100 foot intervals. FO FM/PW 41. When required, all raised curbs along access roadways shall be painted red with white "FIRE LANE" letters stenciled on the face at a minimum of 30 -foot intervals. Where the fire lane roadway does not have curbs, a solid red line shall be painted on the pavement with "FIRE LANE" letters stenciled at 30 -foot intervals. The line and letters shall be of sufficient size to be visible from a vehicle in the fire lane. Where parking is to be allowed along the traveled way, at least 8 feet of improved width shall be provided. If curbs are not provided, the shoulder shall be constructed to the same specifications as the traveled way. ITEM NUMBER: DATE: 4/20/04 Condition of Approval Timing Responsibility CUP 2003-0106 /Monitoring BL: Business License PS: Planning Services BP: Building Permit BS: Building Services T0: Temporary FD: Fire Department Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Standard Public Works Conditions BP PW 42. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. BP PW 43. The applicant shall enter into a Plan Check/Inspection agreement with the City. 44. The applicant shall be responsible for the relocation and/or alteration of BP PW existing utilities. 45. Existing drainage patterns from adjacent properties shall not be BP PW obstructed. Specific Public Works Conditions 46. The applicant shall address storm water detention to the satisfaction of BP PW the City Engineer, prior to grading and drainage approval. 47. The applicant shall pay sewer Extension (Annexation) and Connection BP PW fees upon issuance of building permit. All existing buildings must be connected to sewer. Applicant shall submit fixture unit count of existing and proposed structures to determine fee. BP PW 48. The applicant shall abandon all existing septic tanks and leach fields. BP PW 49. The applicant shall follow the recommendations of the "Sight Distance Analysis", which requires the modification of the southerly retaining wall. BP/GP PW 50. The applicant shall install curb, gutter and sidewalk along the EI Camino Real property frontage per City standards. Atascadero Mutual Water Company BP/GP AMWC/BS 51. Before the issuance of building permits, 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 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 ITEM NUMBER: DATE: 4/20/04 Condition of Approval Timing Responsibility CUP 2003-0106 /Monitoring BL: Business License PS: Planning Services BP: Building Permit BS: Building Services T0: Temporary FD: Fire Department Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney conform to AWWA and California Department of Health Services standards. BP/GP AMWC/BS 52. Before the start of construction on the water system improvements, the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. BP/GP AMWC/BS 53. Before issuance of building permits, the applicant shall obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. BP/GP AMWC/BS 54. 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. ITEM NUMBER: 3 DATE: 4/20/04 EXHIBIT B: TITLE SHEET AND SITE STATISTICS CUP 2003-0106 �oiapes,g;� a a= fit ffil !� r 3d z1a ITEM NUMBER: 3 DATE: 4/20/04 EXHIBIT C: SITE PLAN CUP 2003-0106 tis w± sc Shelter Parkin) \ ` \ c♦ `` 1 I t Area \ � 'r - -- \ ,\ �1 •1 \ � € it 11 .` FF tl~ � I ♦, �, � ISI �• .�! \•�� lit 4k I , I lot 0 co it `„ �� i\\ \ � , '•� 111 -�- ��.. ♦� ` \\ � ` �� 1� � Ir \�� ^,♦, ice^ �` `-- __' `_ `\ ` ` � �``` �`` sl . I Native Tree Removal ITEM NUMBER: 3 DATE: 4/20/04 EXHIBIT D: OVERNIGHT SHELTER FLOOR PLAN CUP 2003-0106 SS;v ag ITEM NUMBER: 3 DATE: 4/20/04 EXHIBIT E: OVERNIGHT SHELTER ELEVATIONS CUP 2003-0106 0 I I F d� I M .JUL 0 ITEM NUMBER: DATE: 4/20/04 EXHIBIT F: COLORS AND MATERIALS CUP 2003-0106 Composition Roofing Certalnteed Benjamin Moore 6-l�a^• AT r. Cement Board Skiing Bonjamrn Moore AIswl Gro .11 4W Benjamin Moore 0�11.000 210? 40 --LVL u'... _._ ITEM NUMBER: 3 DATE: 4/20/04 EXHIBIT G: SITE SECTIONS FOR NEW CONSTRUCTION CUP 2003-0106 ill o iIt Rl ITEM NUMBER: 3 DATE: 4/20/04 EXHIBIT H: SCHEMATIC GRADING PLAN FOR NEW CONSTRUCTION CUP 2003-0106 a I w s M: ITEM NUMBER: 3 DATE: 4/20/04 EXHIBIT J: SCHEMATIC LANDSCAPE PLAN FOR AREA SURROUNDING NEW CONSTRUCTION CUP 2003-0106 qw vavbiap83se4v*" ITEM NUMBER: 3 DATE: 4/20/04 EXHIBIT K: TREE MITIGATION FORM CUP 2003-0106 Date: April 9, 2004 Prepared by: KM Address: 965 EI Camino Real Permit #: CUP 2003-0106 Applicant: Economic Opportunity Commission Telephone: 5444355 Owner: Same Telephone: xx Tree protection required? yes / no Total number of trees impacted: 07 Removals: Number greater than 24'DBH: 01 PC Permit Required? Status: Replacements required: YES Arborist review required? es / no number less than 24' DBH: 0 es / no in process / approved dbh notes dbh notes 1 56 -inches Coastal Live Oak 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 Total 56 -inches Total 0 -inches 56 -inches Mitigation Requirement req'd tree replacements: 9 five gal trees req'd tree replacements: 0 five gal trees Proposed Replanting 9 five gal trees Proposed Replanting 0 five gal trees 9 five gal trees 0 fifteen gal trees 0 fifteen gal trees 0 fifteen gal trees 0 box trees (24") 0 box trees (24") 0 box trees (24") Remaining Mitigation 0 five gal trees Remaining Mitigation 0 five gal trees 0 five gal trees Tree Fund Payment: $ Tree Fund Payment: $ $ ITEM NUMBER: 4 DATE: 4-20-04 Planning Commission Staff Report Staff Report - Community Development Department 1325 EI Camino Real Single Family Planned Development Zone Change 2003-0063, Master Plan of Development (CUP 2003-0112), Vesting Tentative Tract Map 2003-0037 (Gearhart) SUBJECT: The proposed project consists of an application for a Zone Change, Conditional Use Permit (CUP) and Tentative Tract Map. The Zone Change request would establish a Planned Development #17 overlay on the site subject to a master plan of development (CUP) that would allow thirty-one (31) single-family residences and a landscaped common open space lot with storm water detention basin to be constructed. One on-site existing colony house will be relocated within the project area and rehabilitated in order to continue its residential use. The Tentative Tract Map would create a thirty-two (32) -lot subdivision. The project is subject to architectural and landscape appearance standards. RECOMMENDATION: Staff Recommends.- 1. ecommends. 1. Adopt Resolution No. PC 2004-0025 recommending that the City Council certify Proposed Mitigated Negative Declaration 2004-0010; and, 2. Adopt Resolution No. PC 2004-0026 recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2003-0063 based on findings; and, 3. Adopt Resolution No. PC 2004-0027 recommending that the City Council approve the Master Plan of Development (CUP 2003-0112) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, ITEM NUMBER: 4 DATE: 4-20-04 4. Adopt Resolution No. PC 2004-0028 recommending the City Council approve Vesting Tentative Tract Map 2003-0037 based on findings and subject to Conditions of Approval and Mitigation Monitoring. Situation and Facts: 1. Applicant / Representative: Kelly V. Gearhart 6205 Alcantara Avenue, Atascadero, CA 93422 2. Project Address: 1325 EI Camino Real, Atascadero, CA 93422 (San Luis Obispo County) APN 049-101-009, 049- 101-010 3. General Plan Designation 4. Zoning District: 5. Site Area: 6. Existing Use: 7. Environmental Status DISCUSSION: Analysis of Plannina Issues 1. Project Definition General Plan Designation: SFR -X (Single -Family Residential, 0.5 net acre minimum lot size) RSF-X (Residential Single -Family) 7.09 acres Single Family Residence Colony Home Proposed Mitigated Negative Declaration 2004-0010 The proposed project consists of a thirty-two lot residential subdivision on a 7.09 - acre parcel under the requirements of PD -17 overlay zoning district. One existing on-site colony house will be relocated on site and rehabilitated in order to continue its residential use. One 14,150 square foot lot will accommodate a landscaped common area with storm water detention basin. The average lot size ranges from 7,730 to 12,400 square feet. Each home will have a two car attached or detached garage with additional uncovered spaces provided in the driveway that fulfill the guest -parking requirement. There are six additional on -street parking spaces. Each unit is consistent with the PD -17 requirement of providing a minimum 40% parcel landscaping and building footprints of less than 35% of the parcel area. Proposed homes range in size from approximately 1,640 to 2,256 square feet, inclusive of garages. A Master Plan of ITEM NUMBER: 4 DATE: 4-20-04 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. The Planning Commission can make any future amendments to the Master Plan of Development in the future, independent of Council action. Project Summary Table LOT COVERAGE; LOT NUMBER LOT AREA (SF) BUILDINGS PAVED (111PERVI�) LANDSCAPED kREA(SF) X FOOTPRINT(SF) X AREA(5F) X LOT 1 14.150 0 O 1,625 11 12,525 89 LOT 2 8.865 2,200 25 2200 25 4,465 50 LOT 3_ 8.865 2.256 25 2,075 23 4.532 52 LOT 4 8,865 2.000 22 2.430 27 4,764 S1 LOT 5 8,865 2.000 22 2,315 26 4,550 52 LOT 6 8.865 2,256 25 1,924 22 4,685 53 LOT 7 8,885 2,200 25 1,935 22 4,730 53 LOT 8 8,865 2,000 22 2,430 27 4,764 51 LOT 9 8,865 2,000 22 2.315 28 4,550 52 LOT 10 8,865 2,256 25 2.620 30 3,990 45 LOT 11 8,865 2,200 25 1,735 20 4,930 55 LOT 12 8,865 2.256 25 2,620 30 3,990 45 LOT 13 1 8,865 1,640 18 2.350 27 4,875 55 LOT 14 1 12,400 1,640 13 4,255 34 6,505 53 LOT 15 8.215 2.000 24 1,730 21 4,485 55 LOT 16 7,730 2,256 30 1,900 24 3,574 46 LOT 17 9.685 2,000 20 2,115 22 5,570 58 LOT 18 8.830 2,000 23 1,650 19 5,180 58 LOT 19 11,725 1,640 14 4,000 34 6,085 52 LOT 20 8,600 2,000 23 1,885 22 4,715 55 LOT 21 8,625 1,640 19 2,450 28 4,535 53 ..OT 22 8,645 2,200 25 1,640 19 4,805 56 OT 23 8,665 1,640 19 2,420 28 4,605 53 OT 24 8,685 2,000 23 2,130 26 4,555 51 OT 25 8,705 1,640 19 2,100 24 4,965 57 OT 26 8,725 1,640 19 2,300 26 4,785 55 OT 27 8,745 2,256 26 1,900 22 4,589 52 OT 28 8,765 2,200 25 1,600 18 4,965 57 OT 29 8,785 2,000 23 2.065 24 4,720 53 OT 30 8,815 2,000 23 2.120 24 4,695 52 :OT 31 9,120 2,256 25 2,220 24 4,644 51 OT 32 9.817 2,200 22 2,295 24 5,322 54 TOTAL 293.922 f?? - 24 1 - S4 Note: Lots along EI Camino Real shall be adjusted to accommodate entry realignment and relocation of on-site colony house to lot #32. 2. Background Surrounding Land Use and Setting: North: Residential Single Family -X South: Residential Sinale FE '" ITEM NUMBER: 4 DATE: 4-20-04 East: Residential Suburban "" o Real (Commercial Park [_ ... Y -3 The General Plan and Zoning Ordinance identifies properties to the north and south as single -family -residential with a 0.5 -acre net lot minimum. Properties to the east are Suburban Estate with a 2.5 -acre minimum lot size and properties to the west are Commercial Park. The project site single-family residential zoning is consistent with the General Plan. The zoning ordinance allows the establishment of a Planned Development Overlay No. 17 (PD -17) in the single-family zone, which requires a minimum of 4 single-family units, consistent with the PD -17 site development standards and appearance review, as analyzed within this report. The PD -17 requires a Master Plan of Development, which incorporates site development standards and appearance review including architecture, and landscaping. Per the Zoning Ordinance, the Master Plan of Development is processed as a Conditional Use Permit. ITEM NUMBER: 4 DATE: 4-20-04 3. Appearance Review Architecture, Materials, Color The applicant proposes homes 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 residential units that incorporate architectural themes and materials consistent with traditional Atascadero colony neighborhoods. Only minor conditions of approval have been included regarding exterior material finishes (brick, stone, clapboard siding, plaster siding, materials, lighting, garage doors) (CUP Conditions 6 and 13). A variety of architectural embellishments will be incorporated into the new house designs, including: Covered entry porches, double or single hung windows, architectural banding, decorative eve brackets and gable vents, and composition roof materials. Four-color schemes are proposed for the new homes. All trash storage, recycle storage, and air conditioning units will be screened from view behind fenced or landscaped enclosures. In regards to the proposed two-story unit, it is the opinion of staff that the unit meets the intent of the PD -17 two-story massing percentage requirement by detaching the garage structure and presenting a balanced massing between the two buildings and incorporating a high-quality traditional colony architectural design as depicted below. ITEM NUMBER: 4 DATE: 4-20-04 Front Perspectives of Each New House The applicant has included a color and material sample board for each house plan. Refer to Exhibit H for details. Landscape Design The preliminary landscape plan has been designed for compatibility with the surrounding neighborhood and visual appearance from EI Camino Real. The site landscaping plan includes a variety of native and accent trees. All front and street- ITEM NUMBER: 4 DATE: 4-20-04 facing side yards shall be landscaped by the developer (CUP Condition 9). The individual property owners will landscape back yards. However, the applicant shall provide a landscape buffer planting of trees and shrubs along the rear yards of lots 15, 16, 17, and 18 (CUP Condition 9). Landscape maintenance will be the responsibility of the individual property owner. The landscape plan and palette meets the PD -17 requirements. Two landscaped traffic round -abouts have been incorporated into the plan to save several existing mature oak trees, and a condition has been included to utilize a 4 to 6 inch thick layer of mulch. Only compatible native or drought resistant plant materials with special low-water irrigation systems may be installed under the tree canopy, subject to review and written approval of the project tree arborist, and subject to final staff approval (Condition 9). Thirteen native oak trees will be removed by the proposed project. Site Plan. Circulation, Parki The site plan has been proposed to meet the requirements of the Atascadero Municipal Code and the appearance review requirements of the General Plan. The project will include street frontage improvements along EI Camino Real. Each lot contains a minimum 2 parking spaces, which is consistent with the code - required parking spaces. Additional guest parking is proposed along the access drive for six vehicles. Planned Development 17 requires specific building and garage setbacks. Staff has reviewed each lot and building placement for setback consistency. PD -17 also requires that garages shall be recessed from the front of the residences by at least 10 feet. Garages that do not face the street (side -loaded) that are designed to appear as occupied portions of the residence are not required to meet this setback. Site Drainage The site slopes gently to the southwest towards EI Camino Real and U.S. Highway 101. Drainage has been designed to flow into two on-site shallow drainage detention basins. The basins shall be landscaped by the applicant and maintained by either the lot owner or the homeowner's association (CUP Condition 9). Wastewater Sewer service will be extended from EI Camino Real to the project site. ITEM NUMBER: 4 DATE: 4-20-04 Tree Protection The project requires the removal of thirteen native oak trees due to project construction. In addition, there are thirty-one trees that may be impacted due to project construction. Mitigation measures have been incorporated into the project to reduce impact to native trees to a less than significant level. (Mitigation Measures 4.e.1, 4.e.2, 4.e.3) Also refer to tree protection exhibit and tables below. Evergreen Native Trees (inches) Deciduous Native Trees (inches) Totals dbh notes dbh notes 1 5 -inches LO 1 31 -inches BW 2 55 -inches LO 2 32 -inches BW 3 54 -inches LO 3 54 -inches BW 4 30 -inches LO 4 23 -inches BW 5 5 -inches LO 5 6 11 -inches LO 6 7 62 -inches LO 7 8 10 -inches LO 8 9 8 -inches LO 9 10 10 Total 240 -inches Total 140 -inches 380 -inches Mitigation Requirement Tree Fund Payment: $ 1,995.83 Tree Fund Payment: $ 2,333.33 1 $ 4,329.17 ITEM NUMBER: DATE: 4-20-04 TREE TIME I TRUNK TREE I CONST_ DRIP-LINF4 CONST MITIGATIO I MONT PR FWLD t SPECIES DBN TIO STATUS % IMPAC IMPACT REQUIRE CL 553 NOTES 1 WO 46 5 1 <25% Road Yes N Mistletoe Present 2 BW 31 3 R 3 Road Road Present 3 LO 100 3 1 <25% 1 NFencM Yes N Massive C". Hazard 4 LOX 2 51 3 I <5% Home Rood N 25% Lean 5 LOX2, 4.5 4 R 1 Home Homs 6 BW 32 3 R 4 Road Road 7 BW X 7 54 3 R 4 Road <5% VWity FencmV Main Stem Dead 8 BW 23 4 R 3 Road <10% Road FencwV 9 LO 30 4 1 00% Garage Fencing Yes N Cavity Present 10 LO 82 5 1 <25% Home Fencing Yes N 11 LO 67 5 1 <35% Road Fencing Yes N Previous Failure 12 LO 50 5 1 t5% Road Fencing Yes N Previous Failure 13 LO 50 4 1 <15% Road Fencing Yes N Prev+ous Failure 14 LO 49 5 1 <15% Road Fencing Yes N Previous Failure 15 LO 56 5 R 3 Road <10% Home Fencing Previous Failure 16 LO 54 4 1 <25% Home Fencing Yes N Yes 17 LOX 3 54 3 R 3 Road <10% Home Fencing 18 1 LOX21 64 r 3 1 1 <25% Home Fencing Yes N Prevrous Fa,lLre 19 1 LO 1 35 1 2 1 1 <50% Home I Fencing Yes I N IlPrevious Failure 4 1 21 LO 30 5 1 <10% Road Fencing Yes N 22 LO 34 4 1 <25% Road Fenn Yes N 50% suppressed 23 LO 30 2 R Road 24 LOX 2 5 3 R Road 25 LO 35 5 1 <25% Homs F Yes Plan Change 26 LOX 4 11 5 R Rood 27 LO 62 1 R Homs IPlan Change and Remove 28 LOX 2 10 4 R Road 29 LO 9 4 1 <5% VWity FencmV Route H2O away from Vee 30 LO 12 3 1 <10% Road FencwV SLWOSSW 31 LO 35 4 1 <25% Road Fen=V Yes N 3 Aowts ScaMolds 32 LOX 2 11 4 1 <10% Road Fencing 33 LO 1 32 3 1 <10% I Home Fencing Yes N Cavity with Possum 34 LO 44 3 1 <10% Homs Fencing Yes N 35 LO 46 3 1 <15% Home Faricing Yes N 36 LO 14 4 1 <10% Moate Fencing Powedins tree 37 SW 22 3 1 <10% Home Fencing Powerlins tree 38 LOX 2 33 3 1 <10% Home Fencing Yes N Heart Rot 39 LOX 2 12 3 1 <10% Home Fencing Powerline tree 40 1 LO 1 46 3 1 -30% 1 Homs Pena Yes I N IPmviousFaikxe M=. mmoa�or���� mm©a�or�m©,per ITEM NUMBER: 4 DATE: 4-20-04 4. Historic Preservation Historic Evaluation: The project is outside the area identified within the 1926 Sanborn Insurance Maps for the historic Atascadero Colony. Based upon a field inspection by staff, the existing house and associated out buildings appear to have been constructed between 1916 when the property was originally subdivided and 1929 when the property owner deeded frontage to the State of California for EI Camino Real as a State Highway. Historic Evaluation: Upon a site inspection by staff, it appears that the house retains a moderate level of integrity, and is the builder's interpretation of a simple vernacular style Craftsman Bungalow, common in pattern books and popular magazines from about 1905 until the early 1920s. Although a detailed historic evaluation has not been prepared, it appears that the historic house exhibits local significance in the area of architecture as an example of vernacular craftsman architecture that possesses integrity of location, design, setting, materials, workmanship, feeling and association, and may be eligible for individual listing in the California Register of Historical Resources. Properties eligible for California Register inclusion must meet the criteria of significance and possess integrity. Integrity has seven aspects: location, design, setting, materials, workmanship, feeling and association. Staff has provided a brief evaluation of each aspect as follows: Location: The colony house remains on its original construction site and possesses integrity of location. Design: The colony house retains its simple single -story vernacular craftsman bungalow detailing and design integrity. The building exhibits a low- pitched hipped roof, which extends over the front porch, and a centered front gabled roof with decorative braces under eves, exposed roof rafters, smooth plaster siding, and window and door placement. Setting: The colony house retains most of its original 7+ -acre parcel. Many of the surrounding lots are of similar size, shape and building placement and setback. Site features such as most of the original ornamental landscape or orchards have been removed with the exception of the largest native oak trees and a stand of trees to the north of the house. Although smaller building foundations are visible, the structures have been removed. The house, detached garage and other out buildings that remain are in poor to uninhabitable condition. Although the house is likely the only structure that may be salvaged through rehabilitation, it currently is in very poor condition with missing and/or damaged ITEM NUMBER: 4 DATE: 4-20-04 windows, doors, chimney, roof, and interior and exterior plaster finish as a result of recent interior vandalism and the December 22, 2003 San Simeon earthquake. The property possesses marginal integrity of setting because of the surrounding altered physical environment. Materials: The colony house features characteristics and materials distinctive to smaller \,ernacular craftsman bungalow homes as seen in the building detailing. There is a high degree of integrity of workmanship. Workmanship: Vernacular artisan craftsmanship is revealed in the construction details of this residence, including the eve brackets, distinctive smooth plaster siding, double -hung wood windows, front porch construction with classical column and a raised foundation which provides an elevated font porch and raised appearance. Feeling: Like setting, the integrity of feeling is diminished for the colony house by changes in the neighborhood. Originally sharing larger lots by similar properties, the colony house property is presently adjacent to newer smaller subdivided properties some of which are presently occupied by contemporary residential buildings. The EI Camino Real neighborhood contains several colony -era residences and the mature landscaping and street trees provide a connection to the original colony town setting. However, the infill development of vacant lots with smaller lot subdivisions has diminished the sense of openness that had existed in the original historic setting. Association: Association with Atascadero community has not been researched at this time. However, with additional research and analysis, it may be possible to establish a clear association with a pioneering or prominent figure in the community during the early era of Atascadero colony development. Consistency with U.S. Secretary of the Interior's Standards: The proposed project shall incorporate the Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating Historic Buildings. The standards apply to the on-site relocation and exterior rehabilitation of the Colony house, retention of the onsite oak trees (proposed for retention), and landscape improvements to the overall project site. For detailed information, the National Park Service maintains a web site at http://www2.cr.nps.gov/tps/tax/rhb/. In addition, a copy of the guidelines can be reviewed at the City's Community Development Department. The proposed construction, lot size, and site improvements will contribute toward increasing the economic viability of the existing house as an original Atascadero colony residence. In addition, the colony house lot shall include a deed restriction ITEM NUMBER: 4 DATE: 4-20-04 preventing the site from being altered in any manner that would degrade the significance of this historic house (CUP Condition 16, TTM Condition 13). By integrating the colony home into the proposed project, potential impacts to the historic house are reduced to a level of insignificance. An additional mitigation has been included to require 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.3). 5. Project Benefits One of the required findings for approval of a planned development rezone is that the project offers certain redeeming features to compensate for the requested modification. The table below summarizes the City Council Planned Development Benefits Policy with underlined items applying to the proposed planned development. PD Location Tier 1 Benefits Tier 2 Benefits Inside of Urban Core a) Affordable / Workforce Housing i Walkways for RedestriaR P-17 D PD-1 G�RD's b) High Quality Architectural Gs� sstWity c) Historic Preservation DesignstQm c) High Quality Landscape Design d) Buffering between Urban and Suburban zones (large lot sizes, increased setbacks, landscape buffers, etc.) e) Higher density to meet Housing Element goals Affordable 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. In addition, the program provides an incentive of allowing all Inclusionary units to be treated as a density bonus that is not counted as part of the maximum density entitlement of the site. This program requires the proposed project to provide six deed -restricted moderate income units for a 30 -year period as follows. A condition of approval has been added to this effect (CUP Condition 11 ITEM NUMBER: 4 DATE: 4-20-04 and TPM 9). Of the six affordable units, four qualify as a density bonus units above the base density of 28 units. 6. Tentative Tract Map A thirty -two -lot tract map is proposed as part of the project consistent with the Master Plan of Development. The tract map has been conditioned by staff and the City Engineer to meet all City standards including street frontage improvements. The applicant will be required to record CC&R's for the map that will include maintenance and access of any common areas and drainage detention basins (Condition TPM 21). 7. Master Plan of Development (Conditional Use Permit) As previously mentioned, a Master Plan of Development is required for the PD -17, to be approved through the Conditional Use Permit process. The Conditional Use Permit process provides the opportunity for the public and the Planning Commission to review the specifics of land ase proposals, such as architectural design, site design, landscape, signage, and specific standards of the zoning ordinance. The following five findings must be made 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 and appearance is consistent with the single-family residential designation of the Plan and General Plan Land Use Element Policy 1.1, 6.1, and Housing Element Policy 4.3. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD -17 Ordinance. Staff Comment: As conditioned, the project satisfies all PD -17 Zoning Code provisions. Staff notes that the proposed 2 -story unit meets the intent of the 2 - story massing percentage requirement by detaching the garage structure and presenting a balanced massing between the two buildings and incorporating a high-quality traditional colony architectural design. 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. ITEM NUMBER: 4 DATE: 4-20-04 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, and retains and rehabilitates an on-site colony house. 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. A single-family residential subdivision use in the proposed location is consistent and compatible with the surrounding residential neighborhood. The General Plan identifies this site as single-family residential to a maximum density of 4.0 dwelling units per acre (du/ac) with a minimum lot area of 0.5 acres net. Smaller lot sizes up to 4.0 du/acre may be allowed through a planned development overlay. The proposed 31 single-family homes, including the existing colony home, on 7.09 acres is comprised of 28 units at the general plan land use density and 3 additional units permitted under the City Council's Inclusionary housing program as an incentive to construct the affordable homes. The project is consistent with the City's General Plan Land Use and Housing elements. 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. 8. General Plan Consistency The proposed project is consistent with the following General Plan Land Use and Housing Element Policies: Land Use Policy 1.1: "Preserve the rural atmosphere of the community and assure "elbow room" in areas designed for lower density development by guiding new development into the Urban Core to conform to the historic Colony land use patterns of the City and to respect the natural environment, hillside area and existing neighborhoods" Housing Element Policy 4.3: "Encourage attractive architecture and site landscaping that respect terrain and native trees." ITEM NUMBER: 4 DATE: 4-20-04 Land Use Policy 6.1: "Ensure that development does not degrade scenic and sensitive areas, including historic sites, creeks, riparian corridors, wetlands, woodlands, hillsides, and other valuable habitats. " In addition, the General Plan SFR -X land use designation permits a maximum density of 4.0 dwelling units per acre, which is consistent with the proposed project. Implementing General Plan programs require appearance review of architectural design, materials, street trees, and landscaping to maintain the retain the rural atmosphere and 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, with the retention of the existing colony home and the inclusion of six affordable units. The project will provide 31 single- family dwellings that fulfill an important housing need within the community. As conditioned, the project incorporates architectural and landscape elements that are consistent with the character of the surrounding neighborhood, and the General Plan's appearance review requirement. 9. 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 February 27, 2004. The environmental analysis identified concerns regarding potential impacts to aesthetics, air quality, biology, cultural resources, geology and soils, water quality, noise, and traffic. Mitigation measures pertaining to these areas are included. A finding is proposed that this project would not have a significant effect on the environment based upon the implementation of the identified mitigation measures. 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 2004-0010. ITEM NUMBER: 4 DATE: 4-20-04 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 have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the proposed uses. ALTERNATIVES: 1. The Commission may recommend modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may recommend the City Council deny of the project. The parcel would retain its designation of Residential Single Family — X. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Steve McHarris, Deputy Community Development 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 Zoning Map Change Attachment 4: Draft Resolution of Approval Proposed Master Plan of Development Attachment 5: Draft Resolution of Approval Proposed Vesting Tentative Tract Map Attachment 1: Location Map, General Plan and Zoning FRI General Plan SFR -X Zoning District RSF-X ITEM NUMBER: 4 DATE: 4-20-04 EI Camino Reall--. RSF-X RS Project Site Carrizo Road ITEM NUMBER: 4 DATE: 4-20-04 ATTACHMENT 2: Draft Resolution PC 2004-0025 PD -17 Master Plan of Development (CUP 2003-0112)/ZCH2O03-0063VTTM 2003-0037 Draft Mitigated Negative Declaration DRAFT RESOLUTION PC 2004-0025 A RESOLUTION OF THE ATASCADERO PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL CERTIFY PROPOSED MITIGATED NEGATIVE DECLARATION 2004-0010 PREPARED FOR ZONE CHANGE 2003-0063, CONDITIONAL USE PERMIT 2003- 0112 AND TENTATIVE TRACT MAP 2003-0037 APN 049-101-009, 010 (1325 El Camino Real / Gearhart) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a zone change from RSF-X (Residential Single -Family) to RSF-X / PD -17 (Residential Single -Family with Planned Development Overlay #17) with the adoption of a Master Plan of Development, and a thirty-two lot residential Tentative Tract Map on APN 049-101-009, 010 and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2004- 0010 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on Tuesday, April 20, 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 2004-0010 based on the following Findings as shown on Exhibit A: 1. The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, 2. The Proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project. 4. The project will not achieve short-term to the disadvantage of long-term environmental goals. 5. The project does not have impacts which are individually limited, but cumulatively considerable. 6. The project will not cause substantial adverse effects on human beings either directly or indirectly. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA Bob Kelley Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A Proposed Mitigated Negative Declaration 2004-0010 ATTACHMENT 3: Draft Resolution PC 2004-0026 PD -17 Master Plan of Development (CUP 2003-0112)/ZCH 2003-0063 Approval of Proposed Zoning Map Change DRAFT RESOLUTION PC 2004-0026 A RESOLUTION OF THE ATASCADERO PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2003-0063, AMENDING THE OFFICIAL ZONING MAP DISTRICT OF APN 049-101-0099 010 FROM RSF-X (RESIDENTIAL SINGLE FAMILY -X) to RSF-X / PD -17 (RESIDENTIAL SINGLE FAMILY -X WITH PLANNED DEVELOPMENT OVERLAY #17) (1325 El Camino Real / Gearhart) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a zone change from RSF-X (Residential Single -Family) to RSF-X / PD -17 (Residential Single -Family with Planned Development Overlay #17) with the adoption of a Master Plan of Development, and a thirty-two lot residential Tentative Tract Map on APN 049-101-009, 010 and, WHEREAS, the site's General Plan Designation is SFR X (Single -Family Residential -X); and, WHEREAS, the site's current zoning district is RSF-X (Residential Single -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, 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 Designating a PD -17 Planned Development Overlay District. The Planning Commission finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 4. Proposed plans offer certain redeeming features to compensate for the requested modification. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on April 20, 2004, resolved to recommend that the City Council introduce for first reading an ordinance that would rezone the subject site consistent with the following: 1. Exhibit A: Zone Change Map BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Bob Kelley Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Draft Resolution PC 2004-0026 Official Zoning Map Change 2003-0063 (Planned Development Overlay #17) ! Official Zoning Map Change APN 049-101-009, 049 -101 - U.S. Hwy 101 010 i Existing Zone: RSF-X Amended Zone: RSF-X / PD -17 RMF -16 FIRS 1. RSF-X EI Camino Real Carrizo Road t RSF-X RS , \ CP ATTACHMENT 4: Draft Resolution PC 2004-0027 PD -7 Master Plan of Development (CUP 2003-0112)/ZCH2O03-0063 Proposed Master Plan of Development DRAFT RESOLUTION PC 2004-0027 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 2003-0112) FOR A PD -17 OVERLAY ZONE OF APN 049-101-0099 010 (1325 El Camino Real / Gearhart) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a zone change from RSF-X (Residential Single -Family) to RSF-X / PD -17 (Residential Single - Family with Planned Development Overlay #17) with the adoption of a Master Plan of Development, and a thirty-two lot residential Tentative Tract Map on APN 049-101-009, 010 and, WHEREAS, the site's General Plan Designation is SFR X (Single -Family Residential -X); and, WHEREAS, the site's current zoning district is RSF-X (Residential Single -Family); and WHEREAS, General Plan SFR X land use designation allows for the creation of single-family planned development projects with a maximum density of four units per acre on lots less than 0.5 acres net, and Zoning Ordinance Article 28 allows Planned Development Overlay zones to be established to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics; and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Map to protect the health, safety and welfare of its citizens by applying orderly development and expanding housing opportunities within 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 Master Plan of Development; 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 project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD -17 Ordinance; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 2. Findings for Approval of Tree Removal Permit. The Planning Commission finds as follows: The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: ■ Early consultation with the City; ■ Consideration of practical design alternatives; ■ Provision of cost comparisons (from applicant) for practical design alternatives; ■ If saving tree eliminates all reasonable uses of the property; or ■ If saving the tree requires the removal of more desirable trees. SECTION 3. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on April 20, 2004, resolved to recommend that the City Council approval of the Master Plan of Development (CUP 2003-0112) subject to the following: 1. EXHIBIT A: Conditions of Approval/ Mitigation Monitoring Program 2. EXHIBIT B: Master Plan of Development 3. EXHICIT C: Entrance Exhibit 4. EXHIBIT C : Statistical Summary of Project 5. EXHIBIT D: Entry Exhibit 6. EXHIBIT F: Tree Protection Plan 7. EXHIBIT G: Grading and Drainage Plan 8. EXHIBIT H: Utility Plan 9. EXHIBIT I: Elevations and Floor Plans 10. EXHIBIT J: Material Sample Board 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 Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program PD -17 Master Plan of Development (CUP 2003-0112)/ZCH2O03-0063 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 1325 EI Camino Real GP: Grading Permit FD: Fire Department PO -17 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0112/ZCH 2003-0063 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney Planning Services 1. The approval of this zone change and use permit shall BP PS become final and effective following City Council approval. 2. Approval of this Master Plan of Development shall be FM PS valid concurrently with the life of Tentative Tract Map 2003-0037 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 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. 5. All subsequent Tentative Tract Map and construction BP / FM PS permits shall be consistent with the Master Plan of Development contained herein. 6. All exterior elevations, finish materials and colors shall BP PS be consistent with the Master Plan of Development as shown in Exhibits B - H. 7. All site development shall be consistent with the BP/FM PS maximum 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 G 9. A final landscape and irrigation plan shall be approved BP PS prior to the issuance of building permits and included as Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 1325 EI Camino Real GP: Grading Permit FD: Fire Department PD -17 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0112/ZCH 2003-0063 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney part of site improvement plan consistent with EXHIBIT B, C, and D. All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. Trash/recycle container areas shall be screened with fencing or landscape. The developer shall landscape all front and street -facing side yards. All landscape maintenance shall be the responsibility of the individual property owner. All proposed tree locations, species, and sizes shall be as identified in Exhibits C and E. Trees shall be double staked. Drainage detention basins shall be landscaped by the developer and maintained by either the property owner or the homeowner's association. Additional landscape buffering in the form of 15 -gallon trees and shrubs shall be planted along the rear yard properties of lots 15, 16, 17, 18, as feasible with plant selection, quantity and placement subject to staff approval. Landscaping underneath the canopy of existing native oak trees shall utilize a 4 to 6 inch thick layer of mulch. Only compatible native or drought resistant plant materials with special low-water irrigation systems may be installed under the tree canopy, subject to review and written approval of the project tree arborist, and subject to final staff approval. 10. All project fencing shall be installed consistent with BP PS EXHIBIT E subject to the following modifications. The design of all fencing shall be compatible with the overall project design, subject to staff approval 11. Affordable Housing Requirement: The applicant shall FM, BP PS, CE designate six deed -restricted units for a 30 -year period as follows: six moderate -income units. Affordable Workforce Housing FM, BP PS, CE 12. 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 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 1325 EI Camino Real GP: Grading Permit FD: Fire Department PD -17 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0112/ZCH 2003-0063 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney 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. 13. All exterior material finishes (brick, stone, clapboard BP PS siding, plaster siding, materials, lighting, garage doors) shall be durable, high quality, and consistent with the architectural appearance of each home. A variety of garage doors shall be used, be of superior architectural design quality, and be of stained wood finish or painted to match the residence main body color. 14. Street terminus shall require the following, subject to BP, FM PS, CE staff approval: Deed notification to each property on the subject street that the street will be extended in the future to possible future residential development. 15. Tree mitigation shall include payment by the applicant BP, FM PS, CE of up to $4,329.17 into the City tree replacement fund. 16. The colony house shall be located on lot #32. Front yard and street -facing side yard shall be landscaped by the applicant. The lot shall include a deed restriction preventing the site from being altered in any manner that would degrade the significance of this historic house. Building Services 17. 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 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 1325 EI Camino Real GP: Grading Permit FD: Fire Department PD -17 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-01122CH 2003-0063 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney 18. Final street name selection shall be consistent with BP PS, BS the future street extension, subject to staff approval. 19. 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. 20. Note approved address signage is to be provided. BP BS 21. Note on plans that fire lanes shall be delineated to BP BS restrict parking as required by the Fire Authority. City Engineer Project Conditions Drainage: 22. All drainage facilities shall be designed and BP PW constructed in accordance with the current City of Atascadero Engineering Standards. 23. The applicantshall submit drainage calculations for review and approval of the City Engineer. 24. All drainage basins shall detain the difference in the BP PW 2 -year storm runoff or the undeveloped site and the 50 -year storm runoff of the developed site. The outlet pipe or channel shall be sized for the 2 -year storm peak runoff rate for the undeveloped site at full capacity. 25. The applicant shall address storm water detention to BP/FM PW the satisfaction of the City Engineer, prior to grading and drainage approval, or approval of the final map. 26. A homeowners association, or other funding and FM PW maintenance agreement shall be submitted for approval by the City Engineer and the City Attorney prior to recording the final map. The agreement shall cover scheduled maintenance of the pervious pavers, and maintenance of the drainage facilities. 27. Existing drainage patterns from adjacent properties BP PW shall not be obstructed. 28. All drainage from improvements shall cross property BP PW lines within drainage easements. 29. Drainage at the rear of the lots must be carried BP PW across property lines in a closed conduit. Frontage Improvements: BP PW 30. Project shall include construction of curb, gutter and BP PW sidewalk along entire EI Camino Real frontage. 31. Alignment of frontage improvements shall be BP PW approved by the City Engineer. 32. The entry location of project on EI Camino Real shall BP PW be located in such a location as to provide adequate site distance for vehicles exiting project. 33. All utilities shall be undergrounded on EI Camino Real BP PW Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 1325 EI Camino Real GP: Grading Permit FD: Fire Department PD -17 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0112/ZCH 2003-0063 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney Improvement Maintenance: Street Improvements and landscaping. 34. All street improvements shall be constructed in BP PW accordance with City of Atascadero Engineering Standards. 35. Prior to recording the final map, provisions for the FM PW repair and maintenance of all street and landscaping improvements shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the streets and landscaping, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. Wastewater: 36. All onsite sewer mains shall be privately owned and BP PW maintained. 37. Prior to recording the final map, provisions for the BP PW repair and maintenance of the private SS shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private sewer and structures, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. 38. Applicant shall pay sewer extension (Annexation), BP PW Connection and Reimbursement fees (if applicable) upon issuance of building permit. 39. Gravity mains within the subdivision shall be eight (8) BP PW inches in diameter. 40. The sanitary sewer main on the south end of Copado BP PW Way, shall not extend to the adjoining property or Carrizo Road. Development south of project shall connect to future sewer main, which shall run up Carrizo Road from EI Camino Real. 41. Drainage piping serving fixtures which have flood BP PW level rims located below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve. 42. All sanitary sewer (SS) mains shall terminate in BP PW manholes unless extension of the main, at some later date, is anticipated. If extension of a SS main is anticipated, said SS main may terminate in a cleanout providing the next downstream manhole is less than 300 linear feet from the cleanout and that the point of termination is not a reasonable location for a SS main angle point or intersection. City Engineer Standard Conditions 43. In the event that the applicant is allowed to bond for BP BS the public improvements required as a condition of Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 1325 EI Camino Real GP: Grading Permit FD: Fire Department PD -17 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0112/ZCH 2003-0063 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 44. An engineer's estimate of probable cost shall be BP PW submitted for review and approval by the City Engineer to determine the amount of the bond. 45. The Subdivision Improvement Agreement shall record FM PW concurrently with the Final Map. 46. All public improvements shall be constructed in BP PW conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 47. The applicant shall enter into a Plan Check/Inspection BP BS agreement with the City. 48. The applicant shall be responsible for the relocation BP PW and/or alteration of existing utilities. 49. The applicant shall install all new utilities (water, gas, BP BS electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 50. The applicant shall monument all property corners for BP PW construction control and shall promptly replace them if disturbed. 51. A preliminary subdivision guarantee shall be BP PW submitted for review in conjunction with the processing of the parcel map. 52. All existing and proposed utility, pipeline, open space, BP PS/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. 53. Prior to recording the tract map, the applicant shall FM PS/PW submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 54. Prior to recording the tract map, the applicant's FM 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. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 1325 EI Camino Real GP: Grading Permit FD: Fire Department PD -17 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0112/ZCH 2003-0063 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney 55. Prior to recording the tract map, the applicant shall FM BS pay all outstanding plan check/inspection fees. 56. Prior to recording the tract map, the applicant shall FM 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. 57. Upon recording the final map, the applicant shall FM PW provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 58. 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. Mitigation Measures Mitigation Measure 1.c.1: The following landscape mitigations shall BP BS, PS, CE 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 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 Conditions of Approval / Mitigation Monitoring Program 1325 EI Camino Real PD -17 Master Plan of Development CUP 2003-0112/ZCH 2003-0063 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 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. 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. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 1325 EI Camino Real GP: Grading Permit FD: Fire Department PD -17 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0112/ZCH 2003-0063 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney 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. Conditions of Approval / Mitigation Monitoring Program 1325 EI Camino Real PD-17 Master Plan of Development CUP 2003-0112/ZCH 2003-0063 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 waterjetting, 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 1325 EI Camino Real PD -17 Master Plan of Development CUP 2003-0112/ZCH 2003-0063 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 ■ 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 m ust 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 1325 EI Camino Real GP: Grading Permit FD: Fire Department PD -17 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0112/ZCH 2003-0063 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, vinyl -cladding, and metal materials are not permitted. Mitigation Measure 5.a.3: The proposed project shall include Covenants, BP PS, BS 5.a.3 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 wood 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 submitted BP, GP PS, BS, CE 6.c.1 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 1325 EI Camino Real PD -17 Master Plan of Development CUP 2003-0112/ZCH 2003-0063 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 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: Master Plan of Development --Tri-1-------- EXHIBIT C: Statistical Summary of Project Proposed Project Summary LOT COVERAGE; LOT LOT BUILDINGS PAVED (IMPERV10(JS) LANDSCAPEF NUMBER AREA (SF) FOOTPRINT(SF) % AREA(SF) % AREA(SF) x LOT 1 14,150 0 0 1,625 11 12,525 89 LOT 2 8,865 2,200 25 2200 25 4,465 50 LOT 3 8,865 2.256 25 2,075 23 4,532 52 LOT 4 8.865 2.000 22 2,430 27 4,764 51 LOT 5 8,865 2,000 22 2,315 26 4,550 52 LOT 6 8.865 2,256 25 1.924 22 4,685 53 LOT 7 8,865 2,200 25 1,935 22 4,730 53 LOT 8 8,865 2,000 22 2,430 27 4,764 51 LOT 9 8,865 2.000 22 2,315 26 4,550 52 LOT 10 8,865 2,256 25 2,620 30 3,990 45 LOT 11 8,865 2,200 25 1,735 20 4,930 55 LOT 12 8,865 2,256 25 2,620 ' 30 3,990 45 LOT 13 8.865 1.640 18 2.350 27 4,875 55 LOT 14 12,400 1,640 13 4.255 34 6,505 53 LOT 15 8,215 2.000 24 1,730 21 4,485 55 LOT 16 7,730 2,256 30 1,900 24 3,574 46 LOT 17 9,685 2,000 20 2.115 22 5,570 58 LOT 18 8,830 2.000 23 1,650 19 5,180 58 LOT 19 11,725 1,640 14 4,000 34 6,085 52 LOT 20 8,600 2.000 23 1,885 22 4,715 55 LOT 21 8,625 1,640 19 2,450 28 4,535 53 LOT 22 8,645 2.200 25 1 1,640 19 4,805 56 LOT 23 8.665 1,640 19 2,420 28 4,605 53 LOT 24 8,685 2.000 23 2,130 26 4,555 51 LOT 25 8,705 1.640 19 2,100 -24 4,965 57 LOT 26 8,725 1.640 19 2.300 26 4,785 55 LOT 27 8,745 2,256 26 1,900 22 4,589 52 LOT 28 8,765 2,200 25 1.600 18 4,965 57 LOT 29 8,785 2,000 23 2,065 24 4,720 53 LOT 30 8.815 2,000 23 2,120 24 4,695 53 LOT 31 9,120 2,256 25 2,220 24 4,644 51 LOT 32 9,817 2.200 22 2,295 24 5,322 54 TOTAL 293,922 - 22 24 - 54 Note: Lots along EI Camino Real shall be adjusted to accommodate entry realignment and relocation of on-site colony house to lot #32. EXHIBIT D: Entry Exhibit 3 EXHIBIT E: Landscape Plan s A ■ EXHIBIT G: Grading and Drainage Plan EXHIBIT G: Grading and Drainage Plan ITEM NUMBER: 4 DATE: 4-20-04 1 I w ,1,13 ,, N MO �!o N i - ,1,13 ,, N MO EXHIBIT H: Utility Plan ,���------- EXHIBIT H: Utility Plan EXHIBIT I: ELEVATIONS AND FLOOR PLANS Lip }x 19ao Oobea. CASH W I_Ah'I�-Y Yt 1 IM}JSOS.ID 1 pot }}1111T IMT FSATN 2 / 1 Y»fJ� 001-(; II I'•c7 JF.✓✓1-( II EXHIBIT I: ELEVATIONS AND FLOOR PLANS EXHIBIT I: ELEVATIONS AND FLOOR PLANS Wulff • i . oI, 11, HT-6,M,6-0--T—e4L- len)I.V AT 211 P_�AI I, i II ITEM NUMBER: 4 DATE: 4-20-04 EXHIBIT I: ELEVATIONS AND FLOOR PLANS i munmx IM k sell nlnn -� EXHIBIT I: ELEVATIONS AND FLOOR PLANS ITEM NUMBER: 4 DATE: 4-20-04 EXHIBIT J: MATERIALS BOARD ATTACHMENTS: Draft Resolution PC 2004-0028 PD -7 Master Plan of Development (CUP 2003-0112)/ZCH2O03-0063/TTM2003-0037 Proposed Vesting Tentative Tract Map DRAFT RESOLUTION PC 2004-0028 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE VESTING TENTATIVE TRACT MAP 2003-00379 A THIRTY-TWO LOT MAP CONSISTENT WITH A PD -17 OVERLAY ZONE OF APN 049-101-0099 010 (1325 El Camino Real / Gearhart) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a zone change from RSF-X (Residential Single -Family) to RSF-X / PD -17 (Residential Single - Family with Planned Development Overlay #17) with the adoption of a Master Plan of Development, and a thirty-two lot residential Vesting Tentative Tract Map on APN 049-101- 009, 010 and, WHEREAS, the site's General Plan Designation is SFR X (Single -Family Residential -X); and, WHEREAS, the site's current zoning district is RSF-X (Residential Single -Family); and WHEREAS, the Planning Commission has recommended that a site be rezoned to include a PD -17 overlay with a Master Plan of Development thereby allowing a six lot subdivision of the site; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Tract Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, NOW, THEREFORE, the Planning Commission takes the following actions: Section 1. Findings of Approval for Vesting Tentative Tract Map, the Planning Commission of the City of Atascadero finds as follows: 1. The proposed subdivision, design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District #17 Master Plan of Development (CUP 2003-0112). 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. Covenants, Conditions and Restrictions (CC&R's) shall be required that incorporate the planned development conditions of approval to ensure that the site retains the qualities (architecture, colors, materials, street amenities, fencing, and landscaping) over time. 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 20, 2004, resolved to recommend that the City Council approval of Vesting Tentative Tract Map (TPM 2003-0037) subject to the following: 1. Exhibit A: Vesting Tentative Tract Map 2003-0037 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 Kelly Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Vesting Tentative Tract Map 2003-0037 EL CUM RM ut �'li Y rY a� Note: Refer to CUP w Exhibit C for revised entry alignment. FFFF6FFFFF� o �z r tl s K K a e x e s K tl �•� i fi�� ' `+, �� � 1 i E' j ' > �FbLGiiik� �n r --Mir' tp p0 1.40- 4 tl tl K tl A 6 K 6 K tl tl nj tl i tl i i i i i C G w r♦ 't �� _`� � I L e< 1 a a > > � s s ,ass iJ • � ;� �; el . l •, 1 i IME;i[W s s a tl e tl tl K K s s t _�� E' 4 1. u•YaentKYe 1 �� �' it Fa6SariySi4 xtltlAseKnxtl � � ' ' >>EFS;�`13NF4 V 1 �333�Rd�� � t I III ' i Siiii O ifi • rl 6 / .9 ! r li R lit0 << j �y -it >fij I E;af ai '3�cF ju y Exhibit B: Draft Resolution PC 2004-0028 Tentative Tract Map 2003-0037 Conditions Of Approval / Mitigation Monitoring Program Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services 1325 EI Camino Real SIP: Subdivision FD: Fire Department Vesting Tentative Tract Map FM:Improvement Final MapPlans PD: Police Department CE: City Enginegine er TPM 2003-0037 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. Planning Services 1. The approval of this Tentative Tract Map shall not FM PS become final and effective following approval of Zone Change 2003-0063 and CUP 2003-0112. 2. Approval of this Tentative Tract Map shall be valid for FM PS two years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 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 Tract Map shall be subject to additional fees for FM PS park or recreation purposes (QUIMBY Act) as required by City Ordinance. 5. The applicant shall record CC&R's for the subdivision FM PS subject to the review and approval of the City Engineer, City Attorney and Planning Services. The CC&R's shall identify the maintenance responsibilities of all private driveways, sewer facilities, drainage facilities, common parking areas, site lighting, landscape areas, fencing, and other common facilities. The CC&R's shall also state that all exterior colors, exterior materials, yard fencing and site landscaping shall be consistent with the overall master plan of development. 6. The granting of this entitlement shall apply to the On going PS property located at 1325 EI Camino Real (APN 049- 101-009, 010) regardless of owner. 7. 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. 8. 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 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 1325 EI Camino Real BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2003-0037 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. challenge an approval by the city, or any of its entities, concerning the subdivision. 9. Affordable Housing Requirement: The applicant shall FM PS, CE designate six deed-restricted units for a 30-year period as follows: six moderate -income units. 10. Street term inus shall require the following, subject to GP PS, CE staff approval: Deed notification to each property that the project street will be extended in the future to possible future residential development to the north and south. 11. The applicant will be required to record CC&R's for FM PS, CE the map that will include maintenance and access of common areas. 12. Deed notice shall be recorded with each lot notifying FM PS, CE each property owner that the on-site roadway shall be extended to serve future subdivisions to the north and south. 13. The colony house lot shall be located on lot #32 and FM PS, CE shall include a deed restriction preventing the site from being altered in any manner that would degrade the significance of this historic house. Building Services 12. 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 13. Final street name selection shall be consistent with FM PS, CE the future street extension, subject to staff approval 14. Provide a letter from the 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. 15. Note that approved address signage is to be FM CE provided. 16. Note on plans that fire lanes shall be delineated to FM CE restrict parking as required by the Fire Authority. City Engineer Project Conditions Drainage: Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 1325 EI Camino Real BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2003-0037 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. 17. All drainage facilities shall be designed and BP PW constructed in accordance with the current City of Atascadero Engineering Standards. 18. The applicant shall submit drainage calculations BP PW for review and approval of the City Engineer. 19. All drainage basins shall detain the difference in BP PW the 2-year storm runoff or the undeveloped site and the 50-year storm runoff of the developed site. The outlet pipe or channel shall be sized for the 2-year storm peak runoff rate for the undeveloped site at full capacity. 20. The applicant shall address storm water BP/FM PW detention to the satisfaction ofthe City Engineer, prior to grading and drainage approval, or approval of the final map. 21. A homeowners association, or other funding and FM PW maintenance agreement shall be submitted for approval by the City Engineer and the City Attorney prior to recording the final map. The agreement shall cover scheduled maintenance of the pervious pavers, and maintenance of the drainage facilities. 22. Existing drainage patterns from adjacent BP PW properties shall not be obstructed. 23. All drainage from improvements shall cross BP PW property lines within drainage easements. 24. Drainage at the rear of the lots must be carried BP PW across property lines in a closed conduit. Frontage Improvements: BP PW 25. Project shall include construction of curb, gutter BP PW and sidewalk along entire EI Camino Real frontage. 26. Alignment of frontage improvements shall be BP PW approved by the City Engineer. 27. The entry location of project on EI Camino Real BP PW shall be located in such a location as to provide adequate site distance for vehicles exiting project. 28. All utilities shall be undergrounded on EI Camino BP PW Real Improvement Maintenance: Street Improvements and landscaping. 29. All street improvements shall be constructed in BP PW accordance with City of Atascadero Engineering Standards. 30. Prior to recording the final map, provisions for the FM PW repair and maintenance of all street and landscaping improvements shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the streets and Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 1325 EI Camino Real BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2003-0037 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. landscaping, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. Wastewater: 31. All onsite sewer mains shall be privately owned BP PW and maintained. 32. Prior to recording the final map, provisions for the BP PW repair and maintenance of the private SS shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private sewer and structures, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. 33. Applicant shall pay sewer extension BP PW (Annexation), Connection and Reimbursement fees (if applicable) upon issuance of building permit. 34. Gravity mains within the subdivision shall be BP PW eight (8) inches in diameter. 35. The sanitary sewer main on the south end of BP PW Copado Way, shall not extend to the adjoining property or Carrizo Road. Development south of project shall connect to future sewer main, which shall run up Carrizo Road from EI Camino Real. 36. Drainage piping serving fixtures which have flood BP PW level rims located below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve. 37. All sanitary sewer (SS) mains shall terminate in BP PW manholes unless extension of the main, at some later date, is anticipated. If extension of a SS main is anticipated, said SS main may terminate in a cleanout providing the next downstream manhole is less than 300 linear feet from the cleanout and that the point of termination is not a reasonable location for a SS main angle point or intersection. City Engineer Standard Conditions 38. In the event that the applicant is allowed to bond BP BS for the public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 39. An engineer's estimate of probable cost shall be BP PW submitted for review and approval by the City Engineer to determine the amount of the bond. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services 1325 EI Camino Real SIP: Subdivision FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2003-0037 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. 40. The Subdivision Improvement Agreement shall FM PW record concurrently with the Final Map. 41. All public improvements shall be constructed in BP PW conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 42. The applicant shall enter into a Plan BP BS Check/Inspection agreement with the City. 43. The applicant shall be responsible for the BP PW relocation and/or alteration of existing utilities. 44. The applicant shall install all new utilities (water, BP BS gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 45. The applicant shall monument all property BP PW corners for construction control and shall promptly replace them if disturbed. 46. A preliminary subdivision guarantee shall be BP PW submitted for review in conjunction with the processing of the parcel map. 47. All existing and proposed utility, pipeline, open BP PS/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. 48. Prior to recording the tract map, the applicant FM PS/PW shall submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 49. Prior to recording the tract map, the applicant's FM 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. 50. Prior to recording the tract map, the applicant FM BS shall pay all outstanding plan check/inspection fees. Conditions of Approval / Mitigation Monitoring Program 1325 EI Camino Real Vesting Tentative Tract Map TPM 2003-0037 Timing Responsibility PW /Monitoring GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services SIP: Subdivision FD: Fire Department Improvement Plans PD: Police Department FM: Final Map CE: City Engineer TO: Temporary Occupancy WW: Wastewater FI: Final inspection CA: City Attorney F0: Final Occupancy AMWC: Water Comp. Mitigation Measure 51. Prior to recording the tract map, the applicant FM 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. 52. Upon recording the final map, the applicant shall FM PW provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 53. 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. Atascadero Mutual Water Company 54. Prior to the recording of the Final Map or the BP BS issuance of building permits, the applicant shall submit plans showing the water distribution facilities required to serve the project for review and approval by the Atascadero Mutual Water Company (AMWC). The plans shall show all facilities required for fire protection. The plans shall show all cross -connection devices required to isolate the fire protection and landscape irrigation systems from the domestic water system. 55. Prior to starting the construction of BP BS improvements, the applicant shall pay all installation and connection fees required by AMWC. 56. Prior to the issuance of building permits, the BP BS applicant shall obtain a "Will Serve" letter from the Atascadero Mutual Water Company. 57. All water distribution facilities shall be BP BS constructed in conformance with AMWC standards, policies and approved procedures. All cross connection devices shall be constructed in conformance with AWWAand Department of Health Services standards. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services 1325 EI Camino Real SIP: Subdivision FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2003-0037 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. 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 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 E ui ment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary Conditions of Approval / Mitigation Monitoring Program 1325 EI Camino Real Vesting Tentative Tract Map TPM 2003-0037 Timing Responsibility /Monitoring GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services SIP: Subdivision FD: Fire Department Improvement Plans PD: Police Department FM: Final Map CE: City Engineer TO: Temporary Occupancy WW: Wastewater FI: Final inspection CA: City Attorney F0: Final Occupancy AMWC: Water Comp. power units, witn AKIJ certi lea motor venicie alesel Tuei ki Jon - 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 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. Mitigation Measure Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services 1325 EI Camino Real SIP: Subdivision FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2003-0037 TO: TemporraryOccupancy FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. 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 Timing Mitigation Measure 4.e.3: The developer shall contract with a certified BP, I 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 waterjetting, 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. Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure GP: Grading Permit BP: Building Permit 1325 EI Camino Real SIP: Subdivision Vesting Tentative Tract Map Improvement Plans FM: Final Map TPM 2003-0037 Temporary Occupancy FI: Final inspection FI: F0: Final Occupancy Mitigation Measure 4.e.3: The developer shall contract with a certified BP, I 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 waterjetting, 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. Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Conditions of Approval / Mitigation Monitoring Program Timing GP: Grading Permit BP: Building Permit 1325 EI Camino Real SIP: Subdivision Improvement Plans Vesting Tentative Tract Map FM: Final Map TPM 2003-0037 FI: Teal inspection Occupancy FI: Final inspection F0: Final Occupancy ■ 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. Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services 1325 EI Camino Real SIP: Subdivision FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2003-0037 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. 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, vinyl -cladding, and metal materials are not permitted. Mitigation Measure 5.a.3: The proposed project shall include Covenants, BP PS, BS 5.a.3 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 wood 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 1325 EI Camino Real Vesting Tentative Tract Map TPM 2003-0037 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 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. Fa ilure 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. Atascadero Planning Commission Staff Report — Community Development Department Auto and Vehicle Dealerships Zoning Text Amendment Zone Change 2003-0077 (Community Redevelopment Agency) SUBJECT: The proposed zone change consists of a text amendment of Section 9-6.163 related to minimum lot sizes for auto and vehicle dealerships. The proposed amendment would modify subsection (e) to include indoor auto and vehicle display/sales dealerships only on lots smaller than one acre net. To date, auto and vehicle dealerships are allowed within the Commercial Retail (CR), Commercial Park (CPK), Commercial Services (CS), and Commercial Tourist (CT) zoning districts subject to the approval of a Conditional Use Permit. RECOMMENDATION: Staff Recommends: 1. The Planning Commission adopt Resolution PC 2004-0044, recommending that the City Council introduce an ordinance for first reading, by title only, to approve Zone Change 2003-0077 based on findings. SITUATION AND FACTS: 1. Applicant: Atascadero Community Redevelopment Agency 2. General Plan Designation: Citywide, currently applies to: General Commercial (GC) Commercial Park (CPK) Service Commercial (SC) 3. Zoning District: Citywide, currently applies to: Commercial Retail (CR) Commercial Tourist (CT) Commercial Park (CPK) Commercial Services (CS) 4. Environmental Status: The project has been analyzed adequately in the 2002 General Plan EIR pursuant to applicable standards and impacts have been avoided or mitigated pursuant to that EIR. DISCUSSION: Background Modification of Zoning Ordinance 9-6.163 is proposed by the Redevelopment Agency to accommodate auto dealers who provide auto -finder, boutique, specialty, and custom vehicle sales. This type of business varies from traditional auto dealers in that vehicles are typically custom ordered requiring substantially less floor, storage, and office space. According to the Agency, this type of business conducted entirely indoors would have no negative visual impacts while offering the potential for added point -of -sales tax revenues to the City. To date, the agency has been in contact with one potential business that could operate an indoor vehicle sales service if the proposed zone change were approved. The proposed text amendment would allow the Planning Commission to consider indoor only sales only on lots less than one acre within appropriate zoning districts. Currently, indoor vehicles/display is permitted in the Downtown Commercial with Conditional Use Permit approval. Analysis The proposed zone text change amending the section related to minimum lot size development standards for such uses would allow auto and vehicle dealerships that provide indoor displays/sales only on sites less than one acre net. Currently, auto and vehicle dealerships are listed as a conditionally allowed use within the CR, CS, CPK, and CT zoning districts, therefore, uses included in this text amendment would be required to go through a conditional use permit (CUP) public hearing process. As a conditional use, the Planning Commission has the authority to review an approved CUP at any time should a business be in violation of their conditions of approval. The proposed text amendment to AMC 9-6.163, Auto and vehicle dealerships, subsection (e), would be modified to read as follows: (e) Minimum Lot Size. The minimum lot size for auto and vehicle dealerships shall be one (1) acre (net). Smaller lots may be approved by the Planning Commission for moped dealers or indoor auto and vehicle display/sales dealerships only. General Plan Consistency Staff finds the proposed text amendment to be consistent with the 2002 General Plans economic goals as noted in LOC 13 and 14: General Plan LOC 13: Provide a sound economic base to sustain the City's unique character by establishing a range of employment and business opportunities and generate sufficient revenue to support adequate levels of public services, and environment, social and educational quality. General Plan LOC 13.1: Facilitate convenient location of goods and services needed by local residents. General Plan LOC 14: Retain and expand existing businesses and attract new businesses to improve the availability of goods and services. General Plan LOC 14.4: Ensure that City regulations and processes support economic development. General Plan 14.4.1: Review and update the Zoning Ordinance to address any regulatory impediments to attracting target businesses, and to facilitate desired business expansions and reuse. CONCLUSION: The proposed Zone Text Amendment related to minimum lot sizes for auto and vehicle dealerships is consistent with General Plan Land Use and Economic Development Policies. The proposed amendment would allow a reduction in the one -acre minimum lot size currently required for such sales lots providing that all sales and storage of vehicles is located indoors. ALTERNATIVES: 1. The Planning Commission may add to or modify conditions for the proposed project. 2. The Planning Commission may recommend denial of the proposed Zoning Code amendment. 3. The Planning Commission may continue the hearing and refer the project back to staff for further analysis. Direction should be given to staff and the applicant on required additional information. PREPARED BY: Lisa Wilkinson, Assistant Planner ATTACHMENTS: Attachment 1: Draft Planning Commission Resolution 2004-0044 Attachment 2: Draft Resolution PC 2004-0044 DRAFT RESOLUTION PC 2004-0044 A RESOLUTION OF THE ATASCADERO PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2003-0077 TO AMEND MUNICIPAL CODE SECTION 9-6.163(e), TO ALLOW INDOOR AUTO AND VEHICLE DISPLAY/SALES ON SITES LESS THAN ONE -ACRE. (ZCH 2003-0077 - Zoning Text Amendment) WHEREAS, an application has been received from the Atascadero Community Redevelopment Agency (6905 El Camino Real, Suite 6, Atascadero, CA 93422), to consider a project consisting of a zone text change to code section 9-6.163; and, WHEREAS, the City of Atascadero's 2025 General Plan incorporated a series of Smart Growth goals that include efficient use and reuse of existing lands and for more compact, pedestrian scaled development through intensification of commercially designated land uses; and, WHEREAS, the General Plan contains Policies and Programs under General Plan to provide a sound economic base to sustain the City's unique character by establishing a range of employment and business opportunities and generate sufficient revenue to support adequate levels of public services, and environment, social and educational quality and to retain and expand existing businesses and attract new businesses to improve the availability of goods and services; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on April 20, 2004, studied and considered the proposed zone text amendment; and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to update the Zoning Ordinance to allow auto and vehicle dealers -indoor display only on property with less than one acre where permitted; 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, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings of Environmental Exemption 1. The proposed project has been analyzed adequately in the 2002 General Plan EIR pursuant to applicable standards and impacts have been avoided or mitigated pursuant to that EIR. SECTION 2. Findings for Approval of Zone Text Change 1. The zone change is consistent with General Plan policies and all other applicable ordinances and policies of the City. 2. Amendment of the zoning ordinance will provide for the orderly and efficient use of lands where such development standards are applicable. 3. The zone change will not, in itself, result in significant environmental impacts. SECTION 3. Zone Text Change. The City Zoning Ordinance Title 9 is hereby amended as follows (underlined and bolded): 9-6.163 Auto and Vehicle Dealerships Vehicle dealerships are subject to the following standards. Auto parts stores are not subject to these standards when conducted entirely within a building. (a) Limitations on Use. Vehicle dealerships are limited to new and used automobiles, light trucks, and motorcycles (including mopeds). Such new vehicle dealerships are allowed provided all vehicles for sale are stored, displayed and serviced entirely on the site. (b) Access. From a collector, arterial or freeway frontage road. (c) Setbacks. A minimum ten (10) foot landscaped setback with trees, low shrubs and groundcover shall be required from all street frontage property lines. (d) Outdoor Use. The outdoor display or storage shall be limited to new and used automobiles in operable condition. (e) Minimum Lot Size. The minimum lot size for auto and vehicle dealerships shall be one (1) acre (net). Smaller lots may be approved by the Planning Commission for motorcycle or moped dealers or indoor auto and vehicle display/sales dealerships only. (f) Site Surfacing. Auto dealer display lots shall be surfaced with concrete or A.C. paving. All vehicle drive areas, service areas and customer parking areas are to be paved with concrete, asphalt or masonry paving units, including vertically oriented concrete block with the block cells planted with grass. Crushed rock will be allowed for vehicle storage areas on the rear half of the lot that are not accessible to the general public. (g) Landscaping and Screening. Paved areas of display lots shall provide landscape planters with trees on at least five percent (5%) of the lot area. Along U.S. 101 a ten (10) foot landscape treatment with decorative fencing shall be provided as a buffer between the highway and sales lot. All service and storage areas shall be screened from public views. (h) Street Frontage Fencing. Fencing along street frontages shall be limited to decorative wrought iron, wood rail or other alternative fencing subject to staff review not to exceed three (3) feet in height and located three (3) feet behind the sidewalk in the landscape planter. Chain link fencing not permitted. (Ord. 364 § 2 (part), Exh. C (part), 1999: Ord. 68 § 9-6.163, 1983) SECTION 4. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on April 20, 2004 resolved to recommend that the City Council introduce for first reading, by title only an ordinance that would amend the Zoning Ordinance as stated. 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