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HomeMy WebLinkAboutPC_2004-07-20_AgendaPacketCITY OFATASCADERO PLANNING COMMISSION AGENDA Regular Meeting July 20, 2004 — 5:30 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 JULY 6, 2004. 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).) The Dove Creek Environmental Hearing /teen below begins at 5:30 p.m. 2. PROPOSED MITIGATED NEGATIVE DECLARATION FOR ZONE CHANGE 2003-0049, DOVE CREEK Applicant: Bermant Development Company, 5383 Hollister Avenue, Suite 150, Santa Barbara, CA Project Title: 93111, Phone: 964-7200 Project Title: Environmental Document for Dove Creek Mixed -Use Development, (Zone Change 2003- Location: 0049, Conditional Use Permit 2003-0099, Tentative Tract Map 2003-0033) a single-family Project residential/commercial center/open space development. Project Santa Barbara Road and EI Camino Real, Atascadero, CA 93422 (San Luis Obispo County) Location- APN 45-342-03, 45-381-10, 45-381-07, 45-381-09, 45-331-02, 45-331-04, 45-331-08, 45- 331-01, 45-342-05, 45-342-04, 45-342-13, 45-342-01, 45-342-08, 45-342-02, 45-352-05. Project Environmental Documentation review for a project consisting of 282 residential dwelling units Description: in a variety of styles and densities, approximately 60,000 square feet of neighborhood Environmental commercial uses, and 19.2 acres of natural open space. Determination: Proposed Zoning: Combination of CR (Commercial Retail), RMF -10 (Residential Multi - Family), and OS (Open Space). * This meeting is a review of the prepared environmental documentation for the project site. Public testimony will be received, however, no action will be taken on this project at this time. Regular Planning Commission items below begin at 7;00 p.m. 3. CONDITIONAL USE PERMIT 2004-0129, LARGE FAMILY DAYCARE Applicant: Chris Doolin, 9030 San Gabriel Road, Atascadero, CA 93422, Phone 466-0829 Project Title: Conditional Use Permit 2004-0129; Large Family Day Care Project 9030 San Gabriel Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 056-211-009 Project An application to allow a large family day care consisting of seven or more children at an existing Description: single-family residence, located at 9030 San Gabriel Road. General Plan Designation: Single Family Residential Zoning District: Residential Single Family -Y Statutory Exemption CEQA Proposed Article 18 Section 15274 Environmental Family Day Care Homes Determination: 4. AMENDMENT TO CONDITIONAL USE PERMIT 2003-0095, TENTATIVE TRACT MAP 2004-0052, SAN DIEGO WAY, SOUTHSIDE VILLAS Applicant: JRM Enterprises, 1050 Herdsman Way, Templeton, CA 93465 Phone: 238-5313 Project Title: Southside Villas— Amendment to CUP 2003-0095 for an 84 -unit multi -family residential Project development and Tentative Tract Map 2004-0052 for a condominium map. Project San Diego Way Lots 9, 11, 12, and 13; Block 66, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 045-352-002, 003, 004, 006, 007. Project The proposed project consists of an amendment to Conditional Use Permit 2003-0095 to Description-_ revise the previously approved master Plan of Development and to allow for the airspace subdivision of the units for individual sale and ownership. General Plan Designation: High Density Multi -Family Zoning District: Residential Multi -Family - 16 Proposed Finding of consistency with previously certified Mitigated Negative Declaration 2003-0011. Environmental The Mitigated Negative Declaration is available for public review at 6905 EI Camino Real, Determination Suite 6, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Determination Friday. 5. TENTATIVE PARCEL MAP 2004-0058,2135 SAN FERNANDO RD. Applicant: Dan Phillips, 8800 EI Camino Real, Atascadero, CA 93422, Phone 461-1664 Project Title: Tentative Parcel Map 2004-0058 Project 2135 San Fernando Rd., Atascadero, CA 93422, San Luis Obispo County Location: APN 049-281-012 Project A proposed subdivision of an existing 6.05 gross acre lot into two individual parcels of 2.93 and Description: 3.12 gross acres. The site is currently under construction for a single-family residence that will be confined to proposed parcel 1, allowing the new lot to be developed with a single-family residence. The parcels are steeply sloped and contain vegetation and native oak trees. Onsite septic will serve the property and water is available from Atascadero Mutual Water Company. General Plan Designation: Residential Suburban (RS) Zoning District: Rural Estate RE Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. Environmental The proposed Negative Declaration is available for public review from 6/7/04 through 7/6/04 at Determination 6905 EI Camino Real, Suite 6, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. 6. TENTATIVE PARCEL MAP 2004-0049, VARIANCE 2004-0003, TECORIDA AVE. Applicant: David Graves, 4155 Carrizo Road, Atascadero, CA 93422, Phone 466-5124 Project Title: Tentative Parcel Map 2004-0049 and Variance 2004-0003 Project Location: Tecorida Avenue, Atascadero, CA 93422, San Luis Obispo County APN 030-292-005 Project A proposed condominium map creating four airspace units and one common lot for a multi - Description: family development with a request to modify the interior setbacks between buildings from 10 Location: feet to 8 feet. The parcel is slightly sloped. Native trees are not proposed for removal. City Project sewer will serve the property, and water is available from the Atascadero Mutual Water Description- Company. General Plan Designation: Residential Multi Family Zoning District: Residential Multi -family — 10 RMF -10 Proposed The project qualifies for a Class 3(b) Categorical Exemption, which exempts the conversion Environmental and/or construction of small structures including multi -family projects of less than 4 units that do Determination: not otherwise create a negative impact and Class 5(a) minor setback variances. COMMUNITY DEVELOPMENT STAFF REPORTS 7. TREE REMOVAL PERMIT 2004-0053 Applicant: Robert Quigley, 7805 Santa Ynez Avenue, Atascadero, CA 93422, Phone 461-5986 Project Title: Tree Removal Permit 2004-0053 Project 3858 Orillas Way, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 049-033-046 Project Request to remove three (3) Live Oak trees, one of which is over 24 -inches in diameter, in Description- conjunction with the development of a 2,380 square -foot single family home with an attached 800 square foot garage located at 3858 Orillas Way General Plan Designation: Single Family Residential Zoning District: Residential Single Family -X COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on August 3, 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). CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting July 6, 2004 — 7:00 P.M. CALL TO ORDER Chairperson Kelley called the meeting to order at 7:00 p.m. and Vice Chairperson Jones led the Pledge of Allegiance. Rr)l I rAl I Present: Commissioners Beraud, Fonzi, O'Keefe, Porter, Jones and Chairperson Kelley Absent: Commissioner Peterson Staff Present: Public Works Director Steve Kahn, Deputy Community Development Director Steve McHarris, Associate Planner Kelley Gleason, Associate Planner Kerry Margason and Recording Secretary Grace Pucci. APPROVAL OF AGENDA MOTION: By Vice Chairperson Jones and seconded by Commissioner Fonzi to approve the agenda Motion passed 6:0 by a roll -call vote. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JUNE 15, 2004. MOTION: By Commissioner Fonzi and seconded by Commissioner Porter to approve the Planning Commission Minutes of June 15, 2004. Motion passed 5:0 by a roll -call vote. (Beraud abstain) PUBLIC HEARINGS 2. CONDITIONAL USE PERMIT 2004-0125,14595 EL MONTE WATER TANK Applicant: Atascadero Mutual Water Co. , 5005 EI Camino Real, Atascadero, CA 93422, Phone: 466-2428 Project Title: CUP 2004-0125, New Water Storage Tank Project 14595 EI Monte Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 050-361-005 Project The proposed project consists of a new water storage tank on a vacant lot. The site contains Description: several native oak trees and native vegetation. No native trees are to be removed; however, seven oak trees will be impacted. Onsite grading will require approximately 701 cubic yards of cut and 644 cubic yards of fill. The lot contains a shared access easement from EI Monte Road. General Plan Designation: RS Zoning District: SE Environmental Begins: May 20, 2004 Review Dates: Ends: June 8, 2004 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 at 6905 EI Camino Determination: Real, Suite 6, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Commissioner Jones stepped down from consideration of this item as he is Director of Atascadero Mutual Water Company. Deputy Community Development Director Steve McHarris provided the staff report and answered questions of the Commission. An addendum containing a revised Landscape Exhibit (Exhibit A) as well as a letter from a neighbor expressing her concerns with the project (Exhibit B) was distributed to the Commission. PUBLIC COMMENT John Neil, Atascadero Mutual Water Company, reviewed the issues and concerns raised at the last Commission meeting in addition to those raised by neighbors and indicated how the water company would handle those items. Mr. Neil answered questions of the Commission. Karen Vaughan explained the requests she had made of the Water Company and why she had raised those issues. Ms. Vaughan answered questions of the Commission. Steve Rayburn stated he was supportive of this project, but expressed concern regarding fire safety issues. Chairperson Kelley closed the Public Comment period. Chairperson Kelley suggested adding a condition that the water company would supply Ms. Vaughan the same water pressure in the future as she has today. MOTION: By Chairperson Kelley and seconded by Commissioner Fonzi to adopt Resolution PC 2004-0069 approving Conditional Use Permit (CUP 2004-0125) based on findings and subject to Conditions of Approval and adding a condition that Mrs. Vaughan's water pressure always be maintained at a minimum of 45 PSI, any cost incurred would be the responsibility of the Water Company, and adding the staff addendum regarding the oak trees. Motion passed 5:0 by a roll -call vote. Vice Chairperson Jones rejoined the hearing. 3. ZONE CHANGE 2003-0046, CONDITIONAL USE PERMIT 2003-0096, TENTATIVE TRACT MAP 2003-0031, 2325 EL CAMINO REAL OUTLETS PHASE 2 AMENDMENT 22 -LOT PD -7 Applicant: Jeff Borges, 625 Wild Oats Way, Templeton, CA 93465; Phone: 434-3738 Project Title: Zone Change 2003-0046, Conditional Use Permit 2003-0096, Tentative Tract Map 2003- 0031 for a residential and commercial subdivision with a Planned Development #7 Overlay Zone. Project Location: 2325 EI Camino Real, Atascadero, CA 93422, (San Luis Obispo County) APN 049-151-037 Project The proposed project consists of an application for a Zone Change, Conditional Use Permit, Description: and Tentative Tract Map for a planned development 22 -lot subdivision consisting of 16 single-family homes, a small neighborhood park, and 5 commercial lots, each with a 2 -story commercial building on a 4.0 -acre site. General Plan Designation: Commercial Retail, Medium -Density Residential Deputy Community Development Director Steve McHarris provided the staff report and answered questions of the Commission. A letter from the Rottman Group was distributed to the Commission (Exhibit C). PUBLIC COMMENT Russ Thompson, R. Thompson Consulting, applicant's representative, explained the meetings held since the last Commission meeting and the subsequent changes that have been made to the project. He indicated the applicant's preference is to move forward the original plan and he is ready to go today. Jim Silver, partner in the project, stated they are anxious to get started with this project and encouraged the Commission to help them move forward. Keith Mathias, Rottman Group, representing the property owners to the north and south of the project, reviewed the meetings he has had with the applicant and his representative regarding changes to the project. Maury Froman, President Rottman Froman Communities, owner of the properties adjoining this project, stated he is here to insure that this project doesn't impact his ability to improve his property as he would like. Mr. Froman discussed the issues he would like to see addressed. Chairperson Kelley closed the Public Comment period. Several concerns were raised by the Commissioners including: changing the Master Plan and the potential loss of commercial retail zoning, important that the residential and commercial are built at the same time, traffic flow, ensure that Phase 2 and Phase 1 line up at the northern and southern entrance to the property, location of the pocket park in the commercial area of the project reduces the amount of commercial retail and should be located in the residential area, loss of commercial zoning to office, conceptual development of commercial retail and loss of reciprocal access. Chairperson Kelley asked Mr. Mathias if his company could move forward as quickly as possible with the escrow on an adjoining property in order to proceed with granting the easement and whether Mr. Thompson felt the applicant would be in favor of a continuance to allow this to happen. Mr. Mathias stated they could close earlier, but the Zoning District: General Commercial, Residential Multifamily -10 Environmental Begins: May 24, 2004 Review Ends: June 14, 2004 Dates: Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The proposed Mitigated Negative Declaration is available at 6905 EI Camino Determination: 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. A letter from the Rottman Group was distributed to the Commission (Exhibit C). PUBLIC COMMENT Russ Thompson, R. Thompson Consulting, applicant's representative, explained the meetings held since the last Commission meeting and the subsequent changes that have been made to the project. He indicated the applicant's preference is to move forward the original plan and he is ready to go today. Jim Silver, partner in the project, stated they are anxious to get started with this project and encouraged the Commission to help them move forward. Keith Mathias, Rottman Group, representing the property owners to the north and south of the project, reviewed the meetings he has had with the applicant and his representative regarding changes to the project. Maury Froman, President Rottman Froman Communities, owner of the properties adjoining this project, stated he is here to insure that this project doesn't impact his ability to improve his property as he would like. Mr. Froman discussed the issues he would like to see addressed. Chairperson Kelley closed the Public Comment period. Several concerns were raised by the Commissioners including: changing the Master Plan and the potential loss of commercial retail zoning, important that the residential and commercial are built at the same time, traffic flow, ensure that Phase 2 and Phase 1 line up at the northern and southern entrance to the property, location of the pocket park in the commercial area of the project reduces the amount of commercial retail and should be located in the residential area, loss of commercial zoning to office, conceptual development of commercial retail and loss of reciprocal access. Chairperson Kelley asked Mr. Mathias if his company could move forward as quickly as possible with the escrow on an adjoining property in order to proceed with granting the easement and whether Mr. Thompson felt the applicant would be in favor of a continuance to allow this to happen. Mr. Mathias stated they could close earlier, but the final decision will be up to the property owner Mr. Messer. Mr. Thompson indicated the applicant present tonight would be in favor of a continuance. MOTION: By Commissioner Fonzi and seconded by Commissioner O'Keefe to continue this item into the near future with a date to be expedited by staff to be considered. Motion passed 6:0 by a roll -call vote. 4. CONDITIONAL USE PERMIT 2002-0054, ATASCADERO CHRISTIAN HOME RECONSIDERATION (CUP 89-008) Applicant: Atascadero Christian Home, 8455 Santa Rosa Road, Atascadero, CA 93422, Phone: 466-0281 Project Title: Reconsideration of Conditional Use Permit 89-008; Senior Assisted Living Facility Expansion Project 8455 Santa Rosa, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 056-301-030 Project An application to expand the existing use at a senior assisted care living facility in Atascadero. The Description: proposal includes construction of 19 new individual cottages, a one-story 10 -unit building, grading and landscaping for associated access and parking areas. The proposed locations would be within the existing 15.25 -acre development for senior living that has been in existence since 1989. The project is located on the north side of Santa Rosa Road approximately 1/4 mile west of U.S. Highway 101. The project will require the removal of several native trees. The proposed building sites are slightly sloped and occur in a semi -rural primarily grassland setting within a single-family residential vicinity. The project will gain access from an existing driveway to Santa Rosa Road. General Plan Designation: Single Family Residential Zoning District: Residential Single Family -Y Environmental Begins: May 14, 2004 Review Dates: Ends: June 4, 2004 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 at 6905 EI Camino Determination: Real, Suite 6, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Associate Planner Kerry Margason provided the staff report and answered questions of the Commission. PUBLIC COMMENT Scott Hurley, Atascadero Christian Home, spoke about the project and the need for this type of facility. Mr. Hurley stated he agreed with the conditions of approval and answered questions of the Commission. Chairperson Kelley closed the Public Comment period. Commissioner O'Keefe asked the applicant if he would have some flexibility in moving the position of the driveway if it affects the trees. The applicant stated they would be open to moving the driveway if needed, but would like to go with what is proposed. MOTION: By Commissioner Porter and seconded by Chairperson Kelley to adopt Resolution No. PC 2004-0078 certifying the Proposed Mitigated Negative Declaration and approving the amendment to Conditional Use Permit 89-008 a request to amend the site plan subject to the findings, conditions and exhibits as attached to the resolution. Motion passed 6:0 by a roll -call vote. COMMISSIONER COMMENTS AND REPORTS None DIRECTOR'S REPORT Deputy Community Development Director Steve McHarris reviewed the agenda for the next Planning Commission meeting and the special starting time of 5:30 p.m. ADJOURNMENT Chairperson Kelley adjourned the meeting at 8:37 p.m. to the next regularly scheduled meeting of the Planning Commission on July 20, 2004. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary The following exhibits are available for review in the Community Development Department: Exhibit A — Addendum, Revised Landscape Exhibit D Exhibit B — Karen Vaughan, Letter Exhibit C — Rottman Group Letter ITEM NUMBER: 2 DATE: 7120/nd Planning Commission Staff Report Staff Report - Community Development Department 63 -Acre Dove Creek Mixed -Use Project Planned Development Zone Code Text 2004-0080, Zone Change 2004-0081, Master Plan of Development (CUP 2004-0128), Initial Study/Mitigated Negative Declaration 2004-0026 (Bermant Development Company) SUBJECT: The purpose of the meeting is to receive a project description and processing requirements from staff and the applicant, and to receive public comment on the proposed Dove Creek Mixed -Use Project Draft Initial Study/Draft Mitigated Negative Declaration, per the requirements of the California Environmental Quality Act (CEQA). The meeting is being conducted to accept public comments only on the environmental documentation. No decisions regarding project approval will be made at this time. The public is encouraged to attend and/or provide written comments through July 16, 2004 to the City of Atascadero Community Development Department, 6905 EI Camino Real, Suite 6, Atascadero, CA 93422. The project is described as a master plan development of 282 residential units, 60,000 square feet commercial retail, 19 acres of natural open space on a 63.3 -acre site. The project site land use is designated mixed-use within the City's general plan. RECOMMENDATION: Staff Recommends: 1. Receive report from staff. 2. Open public hearing to receive public comments on the project environmental documentation. 3. Close public hearing and provide questions/comments to staff. ITEM NUMBER: 2 DATE: 7120/nd SITUATION AND FACTS: 1. Applicant / Representative: Bermant Development Co., 5383 Hollister Ave, Suite 150, Santa Barbara, CA 93111-2305 2. Project Address: 63 -acre site between U.S. Highway 101, EI Camino Real, Santa Barbara Road and San Diego Way (San Luis Obispo County) APN 45-342-03, 45-381-10, 45- 381-07, 45-381-09, 45-331-02, 45-331-04, 45-331-08, 45-331-01, 45-342-05, 45-342-04, 45-342-13, 45-342-01, 45-342-08, 45-342- 02, 45-352-05. 3. General Plan Designation: Mixed Use (MU) 4. Zoning District: Commercial Retail (CR) with Planned Development Overlay 5. Site Area: 63.3 acres 6. Existing Use: Vacant 7. Environmental Status: Proposed Mitigated Negative Declaration 2004-0015 DISCUSSION: On May 11, 2004, the City Council authorized staff to process the application for a General Plan Amendment and PD -overlay zone change on the subject parcel. Per Council direction, staff has prepared a draft initial study and draft mitigated negative declaration to assess potential environmental impacts related to the proposed project. The draft document and appendix has been provided to the Planning Commission, interested and jurisdictional public agencies, and has been made available to the public for review and comment from June 17, 2004 to July 16, 2004. The project description and environmental analysis is contained within these draft documents. PREPARED BY: Steve McHarris, Deputy Community Development Director ATTACHMENTS: Draft Dove Creek Mixed -Use Development Initial Study/Mitigated Negative Declaration 2004-0026 ITEM NUMBER: 3 DATE: 07-20-04 Atascadero Planning Commission Staff Report - Community Development Department Large Family Day Care CUP 2004-0129 (9030 San Gabriel Road / Doolin) SUBJECT: The proposed project is a Conditional Use Permit (CUP 2004-0129) to allow a large family day care home consisting of seven or more children at an existing single-family residence. RECOMMENDATION: Staff Recommends: 1. Adopt Resolution PC 2004-0077 approving Conditional Use Permit 2004- 0129 based on findings and subjects to Conditions of Approval. Situation and Facts: 1. Applicant / Representative: Chris Doolin 9030 San Gabriel Road, Atascadero, CA 93422 2. Project Address: 9030 San Gabriel Road, Atascadero, CA 93422 (San Luis Obispo County) APN 056-211-009 3. General Plan Designation: General Plan Designation: Single Family Residential—Y (SFR -Y) 4. Zoning District: Residential Single Family -Y (RSF-Y) 5. Site Area: Approximately 0.57 acres ITEM NUMBER: 3 DATE: 07-20-04 6. Existing Use: Small family day care service in Single Family residence. 7. Environmental Status: Statutory Exemption CEQA Article 18 Section 15274 Family Day Care Homes Background: The existing residence currently operates a small family day care, which is an allowable use without the requirement of a business license. The project is for a large family day care, which requires a business license and discretionary approval through a conditional use permit (AMC 9-6.125). A large family day care home is defined as a home that provides family day care for 7 to 14 children, including children under the age of 10 years who reside at the home. Staff has conditioned that the use permit apply to a maximum of twelve (12) children. Discussion: Both state and local requirements are applicable to the establishment of large family day care homes. According to Atascadero Municipal Code, large family day care homes are required to provide the following: • site area consisting of 6,000 square feet or more, • fenced play areas — 6 feet along property line with residential use, and • parking and loading to accommodate at least 2 cars in addition to the parking required for the single-family residence. The site contains approximately 21,000 square feet with a single-family home and a detached garage with an attached 400 square foot playroom. An outdoor play area is located next to the playroom and behind the existing residence and is fenced with a six-foot high solid wood fence along the property line with an interior five-foot chain link fence. An on-site drop off accommodates two (2) or more parked vehicles, in addition to the existing two -car garage for the use of the residents (Exhibit B). Staff visited the site with a City vehicle to determine the practicality of egress from the site. The paved area between the outdoor play area and the residence provides significant space to accommodate a three-point turn if necessary. Increasing the amount of six (6) children permitted at a day care home may increase the level of onsite noise. Although noise levels associated with a day care home are considered insignificant, the indoor playroom/study area, existing mature vegetation, and solid wood fencing may buffer the amount of outdoor noise exposure to the surrounding residential area. ITEM NUMBER: 3 DATE: 07-20-04 Although no signage is proposed, one identification sign with a maximum area of two square feet may be erected if material and color are compatible with the surrounding neighborhood (Exhibit A, Condition 3). Staff Findings: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The City's appearance review requirements apply to discretionary projects such as a Conditional Use Permit. The existing residential property is consistent with appearance review standards for residential development. Noise impacts are considered reduced by the existing site improvements that include fencing, surrounding structures, and mature vegetation (General Plan Goal SFN 10). The noise that may be associated with the large family day care is considered residential in nature. 2. The proposed land use satisfies all applicable provisions of the Title (Zoning Ordinance). Staff Comment: As presented, the project satisfies all conditional use permit provisions for a large family day care facility. 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: Conditions of approval are included to mitigate any foreseeable negative impacts that may be detrimental to the general public or working persons health, safety, or welfare. These conditions include the maintenance of the site and clear access for unloading and loading children. The project is also conditioned to adhere to all state and local regulations. 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 property is currently used as both a residence and a small day care home, consistent with the surrounding neighborhood. ITEM NUMBER: 3 DATE: 07-20-04 Conclusion The California Health and Safety Code requires large family day care facilities to be approved if it is in compliance with local ordinances and consistent with traffic control, parking, and noise control for a residential zone. The proposed project is consistent with the General Plan and Atascadero Municipal Code, as analyzed within this staff report. It is staff's recommendation that the proposed project, as conditioned allows the Planning Commission to make all of the required findings for project approval. ALTERNATIVES: 1. The Commission may make modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The site would retain its use of a small family day care home. The Commission should specify the reasons for denial of the project and make the findings for such action. PREPARED BY: Lisa Wilkinson, Assistant Planner ATTACHMENTS: Attachment 1: Aerial Attachment 2 Zoning and Vicinity Map Attachment 3: Site Plan Attachment 4: Photos Attachment 5: Draft Resolution of Approval Proposed Conditional Use Permit ITEM NUMBER DATE: 07-20-04 Attachment 2: Zoning and Vicinity Map ml'I ill i' IN Attachment 3: Site Plan c 'C :)t s 011C cr:lri frncr 1 4: ITEM NUMBER: 3 DATE: 07-20-04 Roo,, Outside Play Area 2 -Car ` Garage PNI Loading and Unloading Area P a•,u,g sox s_qG», Not to Scale. 1� 6 -toot soil / cedar fence Shop I 20x19' Parking 1 Unroaaq 1 L`J J ITEM NUMBER: 2 DATE: 07-20-04 Attachment 5: Draft Resolution RESOLUTION PC 2004-0077 A RESOLUTION OF THE CITY OF ATASCADERO PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 2004-0129 APN 056-211-009 (9030 San Gabriel Road / Doolin) WHEREAS, an application has been received from Chris Doolin (9030 San Gabriel Road, Atascadero, CA 93446), Applicant and Property Owner to consider a project consisting of a conditional use permit for a large family day care home (CUP 2004-0129); 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, the site's General Plan designation is SFR Y (Single Family Residentia�Y); and, WHEREAS, the site's zoning designation is RSF-Y (Residential Single Family -Y); and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on July 20, 2004; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of Conditional Use Permit. 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); 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, ITEM NUMBER: 2 DATE: 07-20-04 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; and, SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on July 20, 2004, resolved to approve Conditional Use Permit 2004-0129 subject to the following: 1. EXHIBIT A: Conditions of Approval 2. EXHIBIT B: Site Plan 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 ITEM NUMBER: DATE: 07-20-04 EXHIBIT A: Conditions of Approval Large Family Day Care (CUP 2004-0129) Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department Large Family Day Care BP: Building Permit Fl: Finallnspecfion PD: Police Department CE: City Engineer CUP 2004-0129 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attomey Planning Services 1. The large family day care home shall comply with both State BL PS and City of Atascadero regulations. 2. The use permit is for no more than twelve (12) children. BL PS 3. A sign no more than two (2) square feet may be erected BL PS subject to appearance review and staff approval. 4. A business license with the City will be maintained/renewed BL PS on an annual basis. 5. All outdoor play areas are to remain enclosed with solid BL PS fencing no less than 4 -feet in height. A six-foot solid fence is required for play areas abutting residential uses on adjacent lots. 6. Residential vehicles will not block the designated areas for BL PS drop off or parking locations. 7. At least two adults shall be employed and present during day PS care hours of operation. 7. Hours of operation shall be: BL PS Monday thru Friday 7am-6 pm. EXHIBIT B: Site Plan CUP 2004-0129 6 -foot solid cedarrence 21' d ITEM NUMBER: 2 DATE: 07-20-04 ..f 1 Cern 4p^n ., UI51 do PI Jy Arra 1 _.Car ,_OfJC^ � Fool Loading and Unloading Aroa PaAdng N 610ot %olla / 6 -foot \ cedar reflce chain Ink \ \ Shco \ 2c x15' \ 23�: Park 'a io— ` 1 1 Um uaa': 1 t 1 SOR 9-i »ore Not to Scale. ITEM NUMBER DATE: 07-20-04 ITEM NUMBER: 4 DATE: 7/20/04 Planning Commission Staff Report Staff Report - Community Development Department Southside Villas Reconsideration of CUP 2003-0095 Condo Map TTM 2004-0052 (9190 San Diego Way/JRM Enterprises) SUBJECT: The proposed project consists of a revision to a previously approved Master Plan of Development (Conditional Use Permit) and Condominium Map application for an 84 -unit multi -family development. RECOMMENDATION: Staff Recommends: 1. Adopt Resolution PC 2004-0081 recertifying Mitigated Negative Declaration 2003- 0011; and, 2. Adopt Resolution PC 2004-0082 to approve revisions to Master Plan of Development (CUP 2003-0095) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 3. Adopt Resolution PC 2004-0083 to approve Vesting Tentative Parcel Map 2004- 0052 based on findings and subject to Conditions of Approval and Mitigation Monitoring. ITEM NUMBER: 4 DATE: 7/20/04 SITUATION AND FACTS: 1. Applicant/ Representative: JRM Development 80913 th Street, Paso Robles, CA 93446 2. Project Address: 9190 San Diego Way, Atascadero, CA 93422 (San Luis Obispo County) APN 045-352-002, 003, 004, 006,007 3. General Plan Designation: General Plan Designation: High -Density Residential (16 units/acre) 4. Zoning District: RMF -16 (Residential Multiple Family) 5. Site Area: 4.06 acres gross, 3.97 acres net 6. Existing Use: Single Family Residences, approved 86 -unit development entitlement 7. Environmental Status: Consistent with the previously certified Mitigated Negative Declaration 2003-0011 prepared for CUP 2003-0095. DISCUSSION: Background On October 21, 2003, the Planning Commission approved a Master Plan of Development to allow the construction of an 86 -unit apartment development at the project location. The applicant is requesting an amendment to the project to allow minor site and building configuration changes resulting in an 84 -unit multi -family development. Included with the amendment application is a condominium map proposal which would allow individual sale and ownership of each unit. The 35% density bonus for the provision of love and/or very bw-income units that was previously approved for the project is included in this request. Project Definition The applicant is proposing amendments to the approved Master Plan of Development to include: increases in building size; elimination of common laundry facilities and inclusion of individual facilities in each unit; architectural design changes; and minor reconfigurations of open space areas. ITEM NUMBER: 4 DATE: 7/20/04 The project, as proposed, includes 84 condominium units, 60 of which are two-bedroom units with the remaining 24 proposed as three-bedroom units. The project includes 197 parking spaces for residents and guests in accordance with code requirements. Project Summary Table Lot Area 3.997ac net Building coverage 47,064 sqft (not to exceed 50%) 27% Outdoor recreation area 28,556 sqft Parking Spaces 188 total Covered 84 Guest 17 Surroundina Land Use and Settin The project site is within the High Density Multi -family General Plan land use designation and is zoned Residential Multi -family -16. Properties to the west are zoned Residential Multi -family allowing for a potential of up to 16 dwelling units per acre. The 63 -acre Dove Creek project area is located to the south of the project site and is currently proposing a variety of residential uses and open space areas adjacent to the project site. I VV. Proposed �ulti-Family Apartments Public Dove CreekMixed-Use Area North: High Density Residential South: Commercial Retail — Mixed -Use Planned Development designation East: High Density Residential/Commercial Tourist West: High Density Residential ITEM NUMBER: 4 DATE: 7/20/04 Appearance Review Architecture. Materials. Color The architecture has been modified from a craftsman style to a Spanish -themed building design. The applicant has upgraded building materials to include Spanish tile roofing, smooth finished stucco exterior, decorative ironwork, and upgraded recessed windows (See Attachment 4 for review of previously approved elevations). As proposed, the residential units will retain private outdoor patio spaces oriented toward landscaped open space areas. Front entrances have been relocated to within a common entranceway and "balconettes" (small ornamental balcony features) have been incorporated on all sides of the proposed residential buildings. The rear entry patios have been upgraded to include additional entrance features such as decorative iron railing with smooth finish pilasters consistent with the building architectural theme. Elevations ITEM NUMBER: 4 DATE: 7/20/04 iyy rK iir� --�sraEv►tioV o iia ww wr rr II/A Mr rr tiw !.I � i.11• The applicant has included a color and material board illustrating color and material schemes. Refer to Exhibit H for details. Landscape Design The proposed landscape plan is consistent with the approved Master Plan of Development with the exception of a reconfiguration of the open space courtyards. The central open space areas have been redesigned to include formal pathways and prominent rear patio entrances to the ground floor units. Wood trellis features have also been integrated into the entranceways to these areas to create a refined residential amenity. The project, as proposed, retains an informal landscape buffer along EI Camino Real and street trees planted along San Diego Way with additional shade trees within the project site. Parking lot landscaping features landscape fingers throughout. The tot lot located along the south-east corner of the project site has been redesigned to accommodate the required parking and building configuration. The rehabilitated wetlands area is retained on-site with limited access as recommended by the project biologist. ITEM NUMBER: 4 DATE: 7/20/04 Site Plan, Circulation, Parking The project includes a total of 197 parking spaces, consistent with the previously approved project and consistent with code requirements, as noted in the chart below. The project retains two access points off of San Diego Way with a third emergency access onto EI Camino Real as previously approved (See Attachment 3 for previously approved site plan). Pedestrian pathways are included throughout the project site including a revised main pedestrian entrance off of San Diego Way. Pedestrian connectivity to the adjacent Dove Creek development has been relocated to the eastern edge of the project site, consistent with conceptual plan for the adjacent development. A condition has been included that allows flexibility in the location of the pedestrian connection to align with the final Dove Creek Development (Condition CUP 12). Site Drainage The site is moderately sloped to the south-west. Consistent with the previously approved development plan, shallow stormwater detention basins have been incorporated into the design of the common open space areas located between residential buildings. Detention basins have been designed in accordance with City standards. The use of these areas as a resident amenity will not be limited by the temporary water capacity of the proposed basins and a Condition is included to ensure that these areas remain open and accessible to residents and guests and shall not be fenced (Condition CUP 8). On-site drainage is also designed to create and enhance the on-site wetland restoration area located along the southerly boundary of the site as discussed below. Wetland Rehabilitation The project site contains a degraded wetland in areas along the south and east boundaries extending partially onto the project site. The approved Master Plan of Development will disturb portions of the existing wetland area. As such, staff retained # of units Required spaces Parking Spaces Provided Two Bedroom Units 60 2 120 Three Bedroom Units 24 2.5 60 Guest Parking 84 1/5 units 16.8 Total Parking spaces required 196.8 Pedestrian pathways are included throughout the project site including a revised main pedestrian entrance off of San Diego Way. Pedestrian connectivity to the adjacent Dove Creek development has been relocated to the eastern edge of the project site, consistent with conceptual plan for the adjacent development. A condition has been included that allows flexibility in the location of the pedestrian connection to align with the final Dove Creek Development (Condition CUP 12). Site Drainage The site is moderately sloped to the south-west. Consistent with the previously approved development plan, shallow stormwater detention basins have been incorporated into the design of the common open space areas located between residential buildings. Detention basins have been designed in accordance with City standards. The use of these areas as a resident amenity will not be limited by the temporary water capacity of the proposed basins and a Condition is included to ensure that these areas remain open and accessible to residents and guests and shall not be fenced (Condition CUP 8). On-site drainage is also designed to create and enhance the on-site wetland restoration area located along the southerly boundary of the site as discussed below. Wetland Rehabilitation The project site contains a degraded wetland in areas along the south and east boundaries extending partially onto the project site. The approved Master Plan of Development will disturb portions of the existing wetland area. As such, staff retained ITEM NUMBER: 4 DATE: 7/20/04 the previously approved conditions of approval pertaining to building location and wetland reconstruction methods. The project biologist reviewed the requested site changes and has added no additional conditions to the project. However, per the request of the biologist, a retaining wall design has been incorporated into the rehabilitated wetland area in order to ensure a safe habitat for existing wildlife. Wastewater The project will connect to City sewer. Density Bonus Provisions A 35% density bonus (up to 22 units) for the provision of affordable income units was approved by the Planning Commission during the initial project approval. The applicant is maintaining this request and, consistent with the previous approval, will be required to deed restrict either 10% of the pre -density bonus project units as very low-income units (6.4 units), or 20% of the pre -density bonus units as low-income units (12.8 units), in accordance with State Law. A condition has been added to ensure that this state requirement is met and maintained over the required 30 -year period (Condition CUP 6, TTM 7). General Plan Consistency The proposed project is consistent with the following General Plan Land Use Element Policies: Land Use Policy 1.1: "Preserve the rural atmosphere of the community and assure "elbow room" in areas designed for lower density development by guiding new development into the Urban Core to conform to the historic Colony land use patterns of the City and to respect the natural environment, hillside area and existing neighborhoods". Housing Element Policy 1.2: "Encourage a variety of high quality developments with detached units on individual lots or airspace condominiums on commonly owned lots. " Housing Element Policy 2.2: "Promote and encourage availability of new housing units to first time homebuyers. " Housing Element Policy 4.3: "Encourage attractive architecture and site landscaping that respect terrain and native trees". ITEM NUMBER: 4 DATE: 7/20/04 Implementing General Plan programs require appearance review of architectural design, materials, street trees, and landscaping to maintain the retain the rural atmosphere, protect the environment, and incorporate architectural themes into the site and building design. As analyzed above, the proposed project as conditioned is consistent with the General Plan. In staff's opinion the project is consistent with the goals and policies of the Land Use Element and the Housing Element. The project will provide 84 condominium units that fulfill an important housing need within the community and follow the General Plan's policies relating to the implementation of smart growth principles. As conditioned, the project incorporates architectural and landscape elements that are consistent Wth the scale and character of the surrounding neighborhood and the General Plan's appearance review requirement. The proposed project provides a high quality infill development within the City's urban core area. The proposed residential use is consistent with the surrounding neighborhood use and character. Tentative Tract Map An 85 -lot condominium map is proposed consistent with the Master Plan of Development, establishing 84 airspace units on one common lot. The project has been conditioned to meet all requirements of the Atascadero Municipal Code. Master Plan of Development (Conditional Use Permit) The Planning Commission must make the following five findings to approve the revised Master Plan of Development (CUP 2003-0095): 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The use is consistent with the Multi -Family Residential designation of the Plan and General Plan Land Use Element Policy 1.1, Housing Element Policy 1.2, Housing Element Policy 2.2, and Housing Element Policy 4.3. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). Staff Comment: As conditioned and based on findings, 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 the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing ITEM NUMBER: 4 DATE: 7/20/04 or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment: The proposed residential project will not be detrimental to the general public or working persons health, safety, or welfare. 4. 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. 5. 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. Based on staff's analysis in the preceding sections, and with the incorporation of the project conditions, it appears that all of the required findings for approval of a Master Plan of Development (Conditional Use Permit) can be made. Proposed Environmental Determination The Planning Commission certified Mitigated Negative Declaration 2003-0011 on October 21, 2003. The proposed revisions are consistent with the previously certified document. Draft resolution PC 2003-0081 has been included to allow the Planning Commission to re -certify the original environmental documentation. Conclusion The proposed project is consistent with the approved Master Plan of Development, General Plan, and Atascadero Municipal Code, as analyzed within this staff report. The requested revisions to the site plan and architectural theme, in addition to the requested condominium map is consistent with land use and housing element goals. The applicant has upgraded architectural elements throughout the project and has revised the site plan to include emphasized pedestrian pathways and circulation corridors. The applicant 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. ITEM NUMBER: 4 DATE: 7/20/04 ALTERNATIVES 1. The Commission may make modifications to the project revisions and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project revision. The previously approved Master Plan of Development would remain valid. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Certified Mitigated Negative Declaration 2003-0011 and Initial Study Attachment 3: Previously approved Site Plan Attachment 4: Previously approved Elevations Attachment 5: Draft Resolution PC 2004-0081 Attachment 6: Draft Resolution PC 2004-0082 Attachment 7: Draft Resolution PC 2004-0083 ITEM NUMBER: 4 DATE: 7/20/04 Attachment 1: Location Map, General Plan and Zoning 1 Multi -Family Proposed Project _r `\ \ Public Dove Creek 1 Area General Plan Desi nation: - High Density Residential Zoning District: - Residential Multi -Family - 16 ITEM NUMBER DATE: 7/20/04 Attachment 2: Certified Mitigated Negative Declaration 2003-0011 and Initial Study This page intentionally left blank Attachment 3: Previously approved Site Plan ITEM NUMBER: 4 DATE: 7/20/04 )\K- !^ - - ir )\K- !^ - - lmwll jmm 'I Iml; !!IV 1:11 M. ITEM NUMBER: 4 DATE: 7/20/04 Attachment 5: Draft Resolution PC 2004-0081 Re -certification of Mitigated Negative Declaration 2003-0011 DRAFT RESOLUTION PC 2004-0081 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RE -CERTIFYING MITIGATED NEGATIVE DECLARATION 2003-0011 PREPARED FOR AN AMENDMENT TO CONDITIONAL USE PERMIT 2003-0095 AND PROPOSED TENTATIVE TRACT MAP 2004-0052 APN 045-352-0029 0039 0049 0069 007 (9190 San Diego Way/JRM Enterprises) WHEREAS, an application has been received from JRM Development (809 13th Street, Paso Robles, CA 93446), Applicant and Property Owner to consider an amendment to the Master Plan of Development (CUP 2003-0095) and to consider an application for a condominium map (TTM 2004-0052) to approve an 84 -unit multifamily development; and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2003-0011 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 July 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 re -certify Mitigated Negative Declaration 2003-0011 based on the following Findings as shown on Exhibit A: 1. The Mitigated Negative Declaration has been completed in compliance with CEQA; and, 2. The Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, 3. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project. ITEM NUMBER: 4 DATE: 7/2n/n4 4. The project will not achieve short-term to the disadvantage of long-term environmental goals. 5. The project does not have impacts, which are individually limited, but cumulatively considerable. 6. The project will not cause substantial adverse effects on human beings either directly or indirectly. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA Bob Kelley Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 7/20/04 Exhibit A: Mitigated Negative Declaration 2003-0011 This page intentionally left blank Attachment 6: Draft Resolution PC 2004-0082 Approval of Amended Master Plan of Development DRAFT RESOLUTION PC 2004-0082 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO MASTER PLAN OF DEVELOPMENT (CUP 2003-0095) ON APN 045-352-0029 0039 0049 0069 007 (9190 San Diego Way/JRM Enterprises) WHEREAS, an application has been received from JRM Development (809 13th Street, Paso Robles, CA 93446), Applicant and Property Owner to consider an amendment to the Master Plan of Development (CUP 2003-0095) and to consider an application for a condominium map (TTM 2004-0052) to approve an 84 -unit multifamily development; and, WHEREAS, the site's General Plan Designation is HDR (High -Density Residential); and, WHEREAS, the site's current zoning district is RMF -16 (Residential Multiple -Family); 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 Conditional Use Permit Amendment application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Amended Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on July 20, 2004, studied and considered the Amended Master Plan of Development (CUP 2003-0095), after first studying and considering the Mitigated Negative Declaration prepared for the project, and NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for approval of Master Plan of Development. The Planning Commission finds as follows: The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); 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. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on July 20, 2004, resolved to approve amendments to the Master Plan of Development (CUP 2003-0095) subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT C: Grading and Drainage Plan EXHIBIT D: Landscape Plan EXHIBIT E: Elevations EXHIBIT F: Lower Floor Plans EXHIBIT G: Upper Floor Plans EXHIBIT H: Accessory Structure Designs EXHIBIT I: Materials Board EXHIBIT J: Preliminary Biological Assessment; Althouse and Mead EXHIBIT K: Follow-up Biological Assessment, Althouse and Mead EXHIBIT L: Project Statistical Summary EXHIBIT M: Off-site public improvements On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA Bob Kelley Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Conditions of Approval Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9190 San Diego Way License FD: Fire Department Southside Villas GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer CUP 2003-0095 (Amendment) FI: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy Planning Services 1. This conditional use permit shall be for a 84-u nit multi -family Ongoing PS development, parking lot, and landscaping on a 4.06 -acre siteas described on the attached exhibits and located on parcel 045-352- 002, 003, 004, 006, 007regardless of owner. 2. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority to BP / FM PS approve the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Conditional Use Permit. 4. Approval of this Conditional Use Permit shall be valid for twelve (12) BP / FM PS months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 5. All exterior elevations, finish materials and colors shall be consistent BP PS with the Master Plan of Development as shown in EXHIBIT E, H, and I. 6. All site development shall be consistent with the maximum intensities BP/FM PS described in the statistical project summary as shown on EXHIBIT L. 7. All site work, grading and site improvements shall be consistent with BP/FM PS the Master Plan of Development as shown in EXHIBIT B, C, and D. 8. A final landscape and irrigation plan shall be approved prior to the BP PS issuance of building permits and included as part of site improvement plan consistent with EXHIBIT D. All exterior meters, air conditioning units, and mechanical equipment shall be screened with landscape material. Trash/recycle container areas shall be screened w ith fencing or landscape. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9190 San Diego Way License FD: Fire Department Southside Villas GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer CUP 2003-0095 (Amendment) FI: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy 9. All project fencing shall be consistent with EXHIBIT Hand shall be BP PS installed along the site perimeter subject to the following. a. Fence pillars and/or wall features shall incorporate materials consistent with the architectural theme, subject to staff approval. b. All fencing shall be low and transparent in nature and shall not exceed a height of 5 feet with columns at a maximum of 6 feet high. c. Fencing shall be set back a minimum of 5 feet from the property line at EI Camino Real. No fencing shall be located along San Diego Way. 10. Retaining walls shall incorporate design & materials to utilize dark GP PS color split face block or material compatible with the architectural BP theme, subject to staff approval. Retaining wall adjacent to wetland area and along project edge shall be of dark color split face block to blend with the natural vegetation, subject to staff approval. 11. Affordable Housing Requirement: The applicant shall set aside 10% FM, BP PS, CE of the base density units at the very low-income rate, or 20% of the base density units at the low-income rate for a period of 30 years. At least one three-bedroom unit shall be deed restricted. 12. All exterior material finishes (stucco, materials, lighting) shall be BP PS durable, high quality, and consistent with the elevations shown in EXHIBIT E, H, and I. with the incorporation of the following, subject to staff approval: A A minimum of two color schemes utilizing the same pallet shall be utilized throughout the project. B. All windows shall be of vinyl material and shall be gridded as shown in EXHIBIT E. Windows shall be recessed from the exterior building fagade. C. Windows on side elevations listed as "optional' shall be included on all side elevations facing open space and parking areas. D. Tile accents shall be incorporated into the stucco pilasters at the rear entrance patios. 13. Unobstructed access shall be provided between the rear patios and FM PS, CE the shared common open space areas, as shown in EXHIBIT E. Open Space areas acting as detention basins shall remain open and un -fenced. 14. All trash enclosures shall be finished with non -machine finished, hand BP PS troweled or similar stucco consistent with the proposed architecture and consistent with EXHIBIT E. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9190 San Diego Way License FD: Fire Department Southside Villas GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer CUP 2003-0095 (Amendment) FI: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy and consistent with EXHIBIT E. 15. Landscaping along the southern portion of the site, adjacent to the off- BP PS site wetland and on-site wetland restoration area shall include native tree and shrub plantings 16. Monument entry signage shall be consistent with design shown in BP PS EXHIBIT H, and shall i nclude the following subject to staff approval: ■ Signage lettering shall be constructed of individual die cut raised metal letters mounted on a smooth stucco face consistent with building color and finish. 17. The pedestrian connection to the adjacent Dove Creek open space BP PS area shall be located to adjoin pathways proposed for the adjacent project. 18. The fire access portion of the driveway shall incorporate decorative BP PS pavers and decorative removable bollards. 19. A pedestrian access path shall be provided from EI Camino Real onto BP PS the project site and shall connect with the internal pedestrian pathways throughout the project. 20. Rear ground floor patio areas facing EI Camino Real shall be BP PS extended where possible to maximize private open space for each unit. 21. Parking shade structures shall be constructed of heavy timber, or BP PS similar metal elements, and shall be designed with a flat trellis style roof, consistent to open space entry feature trellises and subject staff approval. 22. Workforce Housing FM PS, CE Prior to issuance of building permits, the applicant shall enter into a legal agreement with the City to reserve '/2 of the units 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 rent to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified renters is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9190 San Diego Way License FD: Fire Department Southside Villas GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer CUP 2003-0095 (Amendment) FI: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy rental only; ■ The applicant shall identify which units will be reserved; and ■ The City Attorney shall approve the final form of the agreement. 23. As previously approved, removal of the 48" oak tree shall be mitigated by the payment of $1600.00 into the tree replacement fund as required by the tree ordinance. Building Services 24. A soils investigation prepared by a licensed Geotechnical Engineer BP FM 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 25. Provide a letter from the Atascadero Mutual Water Company stating the minimum expected water available to the site. Amount available must meet min. requirement specified in the California Fire Code. 26. Show location of existing and any proposed fire hydrants. BP FD 27. Note approved address signage is to be provided. BP FD 28. Note on plans that fire lanes shall be delineated to restrict parking BP FD as required by the Fire Authority. 29. One additional fire hydrant shall be added to the emergency BP FD access area off of EI Camino Real, subject to the approval of the fire marshal. City Engineer Standard Conditions 30. The applicant shall enter into a Plan Check & Inspection agreement BP BS with the City. 31. The applicant shall be responsible for the protection, relocation BP BS and/or alteration of existing utilities. 32. The applicant shall install all new utilities (water, gas, electric, cable BP BS TV and telephone) underground. 33. The applicant shall monument all property corners for construction BP BS control and shall promptly replace them if disturbed. 34. Prior to issuance of building permits, the applicant shall submit a BP BS grading and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9190 San Diego Way License FD: Fire Department Southside Villas GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer CUP 2003-0095 (Amendment) FI: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy engineer for review and approval by the City Engineer. 35. Prior to the final inspection, all outstanding plan check and BP BS inspection fees shall be paid. 36. All construction activities shall comply with the City of Atascadero BP BS Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Planning Commission. 37. Prior to the final inspection, the applicant shall submit a written BP BS statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC). City Engineer Site Specific Conditions Public Improvements: 38. EI Camino Real. Full frontage improvements are required with this BP PW development from the southerly project boundary to San Diego Way. These include pave out for additional travel lanes with adequate width for bicycles, curb, gutter, landscaping and sidewalk. The project shall install &foot landscape strip at the street frontage with a 5 -foot sidewalk behind it. The entire surface of EI Camino Real will be restriped for bicycles lanes and two travel lanes in both directions and a center turn lane. The landscaping on EI Camino Real shall be irrigated, maintained and cared for by this project. The asphalt will transition back to the existing edge of pavement at the south end of the project at a 5:1 ratio. Public Improvement plans shall be submitted detailing the design. Cross sections shall be submitted detailing the existing and proposed cross fall on EI Camino Real. 39. San Diego Way. Full frontage improvements are required with this BP PW development from the southerly project boundary to EI Camino Real. These include pave out, which will allow travel lanes in each Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9190 San Diego Way License FD: Fire Department Southside Villas GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer CUP 2003-0095 (Amendment) FI: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy direction with room for bicycles and no parking. A 5 foot sidewalk will be constructed from the southerly project property line to EI Camino Real. Traffic Calming features shall be installed at the two project entrances on San Diego Way, subject to the approval of the City Engineer. 40. Intersection of San Diego Way and EI Camino Real. The BP PW intersection will be raised and realigned to be perpendicular to EI Camino Real. The intersection will be restriped to allow for left and right hand turn pockets onto EI Camino Real. 41. All public improvements shall be constructed in conformance with BP PW the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. Drainage: 42. Drainage calculations are required per section 5 of Atascadero BP PW Engineering Standards. The "Retention Areas" will be sized for the detention of the 50 year developed storm runoff, while metering out the 2 year undeveloped storm runoff. The offsite storm water flows will be allowed to be passed through the project undetained in drainage easements. The offsite flows and the detained onsite flows must be released down stream in the same location, concentration and pattern as historic flows were released, unless the downstream owner provide written approval of a deviation. 43. Drainage calculations shall be produced considering all areas BP PW tributary to this property. These calculations shall be in conformance the City of Atascadero Engineering Standards. Submit calculations to support the design of any structures or pipes. Closed conduits shall be designed to convey the 10 -year flow with gravity flow; the 25 -year flow with head, and provide safe conveyance for the 100 -year overflow. 44. A Storm Water Pollution Prevention Plan shall be produced and BP PW approved by the Regional Water Quality Control Board and the City of Atascadero. These plans shall recommend mitigation measure during and after construction to eliminate point and non point source pollution. The use on onsite grading feature to pond and percolate storm water is recommended. A filter system, mechanical or non, shall be installed with this project. This system shall comply with the intent of National Pollution Discharge Elimination System, Phase II requirements. 45. Obtain approval by the City Engineer of the grading & drainage BP PW plan and the storm drain design & facilities. 46. Acquire drainage easements where needed. Drainage shall cross BP PW lot lines only where a drainage easement has been provided. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9190 San Diego Way License FD: Fire Department Southside Villas GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer CUP 2003-0095 (Amendment) FI: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy 47. Concentrated drainage from off-site areas shall be conveyed BP PW across the project site in drainage easements. Transit: 48. Bus stop with shelter shall be installed on EI Camino Real (south BP PW bound) along the EI Camino real Frontage, per the Public Works Director. Wastewater: 49. This project proposes a sewage lift station. This lift station will meet BP PW the following criteria: ■ Sewer lift stations, force mains, gravity mains, laterals and other sewer facilities shall be privately owned and maintained. ■ Catalogue cuts of equipment that will be installed the lift station shall be submitted and approved by the Director of Public Works. ■ Lift stations shall be installed with alarm dialers programmed to notify qualified maintenance personnel when malfunctions occur. ■ Developer shall submit a lift station emergency contingency plan that addressed protection of public health and the environment from sewage spills and prolonged power outages. ■ Lift Station shall be equipped with duplex pumps. 50. Drainage piping serving fixtures which have flood level rims located BP PW 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. 51. The sewer force main crossing EI Camino Real shall cross BP PW perpendicular in the right of way. 52. All sewer main taps will be done by the City of Atascadero. The BP PW developers shall pay a sewer tap fee. 53. Sewer connection permit shall be issued separately (from building BP PW permit) after public sewer extension has been completed and has received a satisfactory final Public Works inspection. Final project inspection shall be contingent upon completion of the public sewer extension and Public Works final inspection. Solid Waste Conditions: 54. Atascadero Waste Alternative shall approve the location, size and BP PW design of all solid waste facilities. The facilities shall include room for recycling and green waste containers. The location of the facilities will take into account the collection of the solid waste. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9190 San Diego Way License FD: Fire Department Southside Villas GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer CUP 2003-0095 (Amendment) FI: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy Atascadero Mutual Water Company 55. Prior to the start of construction, , the applicant shall submit plans BP BS for review and approval by AMWC for all existing and proposed water distribution facilities that provide water service to the proposed Development. 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. 56. Prior to the issuance of building permits, the applicant shall obtain BP BS a "Will Serve" letter from the Atascadero Mutual Water Company for the newly created Lots. 57. Prior to the start of construction, the applicant shall pay all BP BS installation and connection fees required by the Atascadero Mutual Water Company. 58. All water distribution facilities shall be constructed in conformance BP BS with Atascadero Mutual Water Company standards, policies and approved procedures. All cross -connection devices shall be constructed in conformance with AWWA and Department of Health Services standards. Mitigation Measures BP PS, BS, CE 1.c.1 Mitigation Measure 1.c.1: The following landscape mitigations shall apply: ■ Development along EI Camino Real shall be buffered with an informal landscape theme to include groupings of shade and accent trees. Evergreen shall be utilized where there is heightened visibility of the project from EI Camino Real. ■ Fencing surrounding the private park space and the adjacent wetland areas shall be transparent wrought iron and shall be integrated with the final landscape plan subject to staff approval. ■ Development along San Diego Way will include street trees placed 30 feet on center, landscaped common open space area, and an appropriately landscaped pedestrian project entrance. • The project shall include landscaping of all common areas, including slopes, common open space areas, and building frontages. ■ Parking lot shade trees shall be provided within landscape fingers and curbside landscape planters as shown in Exhibit 5. Trees shall be large canopy trees and shall be of a scale appropriate to the project. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9190 San Diego Way License FD: Fire Department Southside Villas GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer CUP 2003-0095 (Amendment) FI: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy ■ All trees shall be 15 gallon size or greater and shall be double staked. Mitigation Measure 1.c.2: The proposed apartments shall include a variety BP PS, BS, CE 1.c.2 of earth -tone paint and roof colors designed to blend with the surrounding environment and reduce the potential for reflected light and glare. Mitigation Measure 1.c.3: Building architecture shall include features that BP PS, BS, CE 1.c.3 emphasize vertical elements and minimize the horizontal nature of the buildings. Such features are to be of exceptionally high design quality per General Plan Land Use Policy 2.1.2 and shall include changes in materials, facade undulation, and vertically emphasized window elements; or similar treatments. Mitigation Measure 1.d: All lighting shall be designed to eliminate any off BP PS, BS, CE 1.d. site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Building mounted fixtures shall be designed to direct light downward. Any parking lot lighting shall be low bollard style lighting or decorative pole lighting designed to be a maximum of 14 feet in height. Lighting of the parking area shall be integrated with proposed landscaping and/or covered parking elements. Lighting at the rear of the proposed buildings shall be limited to low level building mounted fixtures and shall be designed to produce a zero footcandle reading at the property line. Conditions of Approval / Mitigation Monitoring Program 9190 San Diego Way Southside Villas CUP 2003-0095 (Amendment) 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 3.b: The project shall be conditioned to comply with all BR GP PS, BS, CE 3.b 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. Conditions of Approval / Mitigation Monitoring Program 9190 San Diego Way Southside Villas CUP 2003-0095 (Amendment) 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 (Continued from above) GP PS, BS, CE 3.b 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 stock -pile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re - vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are plann4ed to be reworked at dates greater than one month after initial grading should be sown with a fast - germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land us a clearance for finish grading of any structure. Mitigation Measure 4.a: The project shall be conditioned to comply with all BP, GP PS, BS, CE 4.a applicable regulations developed by Althouse and Mead, Inc. in their biological review, dated June 13, 2003 (Attachment 6). Conditions of Approval / Mitigation Monitoring Program 9190 San Diego Way Southside Villas CUP 2003-0095 (Amendment) 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.b.1: The project shall be conditioned to Comply with all BP, GP, CA PS, BS, CE 4.b.1 applicable regulations developed by Althouse and Mead, Inc. in their biological review, dated June 13, 2003, pertaining to building location and wetland rehabilitation methods. Implementation of the following mitigation measures prior to, during, and following site construction will serve to avoid and/or minimize adverse indirect impacts to Waters of the U.S. and wetlands within the proposed project area: A Buildings 124/125 and 126/127 shall be relocated, eliminated, and/or downsized to avoid significant disturbance of the designated wetland area. The applicant will be required to comply with all requirements and regulations set forth by governing state agencies and shall obtain the necessary permitting as discussed below. B. Signage shall be placed at the pedestrian pathway entrance to the wetlands area informing users of the sensitive nature of the wetlands habitat. C. The applicant shall provide a full biologist report, prior to the entitlement hearing, that identifies all sensitive habitats on and adjacent to the project site, and certifying the proposed development plan in regards to wetland mitigations. D. The project applicant shall retain a qualified biologist to conduct a pre - construction survey of the on-site wetlands area and to report the survey results to the City. This biologist shall also place protective fencing at the protected wetlands boundary to ensure that construction activities do not impact the noted areas. A note to this effect shall be placed on the approved construction/grading plans with the provision that CDFG shall be notified if the pre -construction survey finds additional wetland habitat on-site, and that construction work is the area shall not proceed without specific direction from the CDFG. E. A qualified biologist shall be present during phases of construction that are conducted adjacent to the identified wetland habitat. The biologist shall submit regular reports to the Community Development Department verifying the integrity of the impacted areas. Upon project completion and prior to final occupancy a final status report shall be prepared by the project biologist certifying that the stated wetland protection and mitigation measures were implemented and that the construction - related protection and enhancement measures are no longer required. F. Per recommendations set forth in the prepared biology review (Althouse and Mead, Inc), the applicant shall contact the Army Corps of Engineers prior to permit issuance and shall request authorization to install culverts, impact degraded wetlands, and create functional wetlands under Nationwide Permits, NW #7 Outfall Structures, NW #18 Minor Discharges, and NW #27 Stream and Wetland Restoration Activities. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9190 San Diego Way License FD: Fire Department Southside Villas GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer CUP 2003-0095 (Amendment) FI: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy G. Per recommendations set forth in the prepared biology review (Althouse BP, GP PS, BS, CE 4.b.1 and Mead, Inc), the applicant shall develop a wetland mitigation site at a ration of 2:1, based on anticipated ratios required by the Army Corps of Engineers, which shall be located adjacent to the established wetlands at the southerly border of the subject property and which will be located in the area of the existing degraded wetlands habitat. Mitigation Measure 5.b.1 : Should any cultural resources be unearthed GP PS, BS, CE 5.b.2 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: The grading permit application plans shall include BP, GP PS, BS, CE 6.b 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.: A soils report shall be required to be submitted with GP BS 6.c a future building permit by the building department. Mitigation Measure 8.e.f.1: Points of concentrated drainage through the GP PS, BS, CE 8.e.f.1 existing wetlands areas shall be addressed by the project biologist and engineer, and subject to review and approval as identified in the Biology section of this initial study. All proposed drainage shall be subject to the approval of the City Engineer and shall be designed to City standards. All site runoff shall be retained on site through the provision of on-site drainage basins. Mitigation Measure 8.e.f.2: A Stormwater Pollution Prevention Plan GP PS, BS, CE 8.e.f.2 (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.3: The developer is responsible for ensuring that BP, GP PS, BS, CE 8.e.f.3 all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9190 San Diego Way License FD: Fire Department Southside Villas GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer CUP 2003-0095 (Amendment) FI: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy Mitigation Measure 11.d: All construction activities shall comply with the GP PS, BS, CE 11.d 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 hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. Mitigation Measure 14.a.b: The project shall include a tot lot within the BP, GP PS, BS, CE 14.a.b communal open space area at the southern border of the site. The tot lot shall at a minimum include a commercial -grade swing set, slide, climbing apparatus or similar equipment on a soft surface designed for the safety and enjoyment of young children. The tot lot shall include pedestrian connection from throughout the project and shall include durable seating arrangements for adults and children. The tot lot shall be landscaped and shall include shade trees. Mitigation Measure 15.a.b.1 : Per the provided traffic study, the project shall GP PS, BS, CE 15.a.b.1 include the construction of full frontage improvements along San Diego Way and EI Camino Real as approved by the City Engineer and per standards listed in the General Plan Circulation Element. Improvements are to include: ■ Widening of EI Camino Real to allow for 2 southbound travel lanes and class 2 bike facilities. ■ Widening of San Diego Way to a width of 24 feet to allow for a total of 2 travel lanes. ■ Curb, gutter, and sidewalk improvements along EI Camino Real and San Diego Way. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9190 San Diego Way License FD: Fire Department GP: Grading Permit PD: Police Department Southside Villas BP: Building Permit CE: City Engineer CUP 2003-0095 (Amendment) FI: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy F0: Final Occupancy Mitigation Measure 15.a.b.2: A Bus turnout shall be provided along the EI BP, GP PS, BS, CE 15.a.b.2 Camino Real frontage. Facilities shall include a 5 -foot width bus turnout and shelter. The shelter shall be a City Standard shelter and shall be subject to the approval of the City Engineer. Mitigation Measure 16.c.1: Proposed drainage into the existing wetlands BP, GP PS, BS, CE 16.c.1 areas shall be addressed by the project biologist and engineer, and subject to review and approval as identified in the Biology section of this initial study. Mitigation Measure 16.c.2: Drainage retention basins shall be included in the BP, GP PS, BS, CE 16.c.2 project site and shall be subject to the approval of the City Engineer. Basins shall be designed to accommodate all site runoff and each basin will be maintained as designed. EXHIBIT B: Site Plan 1(11�j,j1 ••::�.,:.:e_::o, a: ....,.w"�i. ia! .may. itl� 4 • �,w.,n . /,'7£G 47Q4�6C.7 lkvm 09)30 N'0'9 6616 SV"^ 33911wno9 I id EXHIBIT C: Grading and Drainage Plan 57 15 .i �� i,J�N� d JIB• � �1 �4 � � :. S"'ter' lt:ll�liilIii ,I11 ,It i� jSjj Sp1jpt!} ��i t •R 14�� �.' ` 1�:+ t OV6Gt�E7JOE�G�041 O�i�GtiyJv�G�Q�iob, i} U xnu I .l vRr i Or I to EXHIBIT E: Elevations EXHIBIT F: Lower Floor Plan fit 9 r 90,K6 Y� 'S31IX12! OSvd � AVM 00710 NVS 0616 n N SVI M 301SIUFX s g Q alwas.nlnrv+w� � a �' Ali C� _ = c = EXHIBIT G: Upper Floor Plan -- -;'_Irl v �.., '�wK rN:r ora +w.w•�w n .qy 91,6 VO 'S7180M OSVd a N 3 66 1 i =,'if• ,s,,,o . AVM O'J3I6 isi 0616 u N r' I ��!rV arra . sv rile 7dVL* ntV' I • tF Q ii bCTJ QTtlVd.RJO NYid 1 f U- EXHIBIT H: Accessory Structure Designs ��'•� 1N +'M7 7 '1.1 Ott "OOWM M yq 1 j 9►bf: fi rU 'S31JUti USVd 1 'rl,tl 3__1_1__L n I.VAA 00310 Nv5 0616 _ I, !'Itj�� : w.w • ;YIIVti 701SNMDS i t b a l Q gym. Z is \ '� �_.._` , •• �;+- t I� I Cn J s lowW1 - men Q 1 y lei 0 '4 UP Z :XHIBIT I: Color and Materials Board P-2 CP -1/P-1 • ARCHITECTURE • • GRAPHICS • • DESIGN • A R C H 1 T E C T KEN M. NAGAHARA 610 101h SUoet, SuMe A P-3 Prnopat Paso Robles. CA 93446 Ph 48051 2385501 Fx (806) 239.5869 COLOR SCHEDULE SYM MATERIAL MANUFACTURER COLOR RP -1 CONCRETE "S" TILE ROOF HANSON 40% MARIGOLD BLEND R-419 40% BALBOA BLEND R-420 20% REDWOOD BLEND R-542 CP -1 CEMENT PLASTER LA HABRA TO MATCHE FRAZEE "PALE ALL EXTERIOR PLASTER CHAMOIS" #7300W P-1 PAINT - EXPOSED WOOD FRAZEE "BASQUE BROWN" #8265A (INCLUDING TRELLIS POST, CARPORT POST, TRASH ENCLOSURE DOORS, & EXTERIOR DOORS) P-2 PAINT - EXPOSED WOOD FRAZEE "PALE CHAMOIS" #7300W (INCLUDING FASCIA. OUTRIGGER, TRELLIS BEAMS & RAFTERS) P-3 PAINT - METAL RAILING FRAZEE "DOMINO" FLAT BLACK #AC141N (INCLUDING GUARDRAILS AND PERIMETER FENCE RAILING) VP -1 (4) - 4" DIAMETER CLAY VENT PIPE AT GABLE ENDS EXHIBIT J: Preliminary Biological Assessment Althouse and Mead ALTHOUSE AND MEADE, INC. BIOLOGICAL AND ENVIRONMENTAL SERVICES 1875 Wellsona Road • Paso Robles, CA 93446 • Telephone (805) 467-1041 - Fax (805) 467-1021. VIA FACSIMILE June 13, 2003 274.1 Steve McHarris 461-5036 Planning Services Manager City of Alascadero 6500 Palma Avenue Atascadero, CA 93422 Lynm Dec Altho=, RLD.c. (905)459-!660 Danis) E, Meade, Ph.D. (805) 705-2479 Re: South Side Villas, 9190 San Diego Road, JRM Development Proposal APN 045-352-002,3,4,6,7 Dear Steve: Yesterday I looked at the proposed development between San Diego Road and EI Camino Real. I identified two small wetlands along the property boundary as shown on the attached map. The total area of the two wetlands is approximately 430 square feet. One wetland is at the terminus of a small culvert that drains water from the mobile home park north of San Diego Road and from the upslope area- The second wetland is in the comer of the lawn area, down slope from a septic tank vent. Both wetlands are dominated by rabbit's -foot grass (Polypogon monspeliewls) and Italian ryegrass (Lolium mulriflorum). The wetland at the terminus of the culvert also contains vetch (Vicia sattva), yellow starthistle (Centauria solstitfalis), and other non -wetland species. The remainder of the project boundary adjacent to wetlands on the parcel south of the subject property, is dominated by fescue and blue -grass lawns and back yard structures (i.e., above -ground pool, landscaping, and fences) that have been in place since the early 1970's. Tim Roberts and I discussed the appropriate location for a wetland mitigation site, anticipating a 2:1 mitigation ratio from the Army Corps. By moving buildings 125 and 126 away from one another, there is plenty of room for creating wetland habitat adjacent to the neighbor's existing wetland. I left a message for Corrie Veenstra from the US Army Corps of Engineers this morning stating that I had observed two small wetlands adjacent to the adjoining parcel she looked at last week- I recommend that the applicant notify the Corps of Engineers and request authorization to install culverts, impact degraded wetlands, and create functional wetlands under Nationwide Permits NW #7, Outfall structures, NW #18, Minor Disharges; and, NW#27, Stream and Wetland Restoration Activities. Sincerely, LynneDee Althouse Copy: Tim Roberts via fax — 238-6148 EXHIBIT J: Preliminary Biological Assessment Althouse and Mead Althouse and Meade, Inc. Attachment — Portions of map sent via fax by Tim Roberts (not to scale) CIean Water Act Section 404 Wetlands, �side the fenceline are contiguous with �(Zwetlands to the south, on the adjoining parcel. Wetland sites are indicated by ojvals. , let 71 \ � \ -4it it `r a ZB -tl $bT9 9RZ 9H Ib33N LSH3 Sl>J3Htl}! LIV 92:80 £BBZ-£L-Nllf Soath Side Villas 274.1 2 EXHIBIT J: Preliminary Biological Assessment Althouse and Mead ALTHQUSE AND M MADE, INC. BIOLOGICAL AND EWIRONMEWAL SERVICES 1875 Wellso m Road + Pwo Robles, CA 93446 • TeIrphow (805)167-1041 • Fax(8t15) 467-1021 FACSIMILE TR"SMMAL Lynne Dee Atdnase. Pb.D e. (305)459-1W BMW E. me dc. Ph.D. July 28, 2003 cis) ros zrr9 2743 Peter Josserand 809 13'° Street Paso Robles, CA 93446 238-5313 FAX 238-5373 Re: San Diego Way Apartments — Site Plan Review Dear Peter. We recommend the following information be included on a site plan for submittal to the US Army Corps of Engineers and to the CA Department of fish and Game for review • Grading plan with wetland areas clearly shown. • Drainage plan (model flows from 2 yr to 100 yr storms in each drainageway) with ordinary high water mark clearly indicated were drainage modifications are proposed- ■ Cross-sections and details of drainageways and proposed culvert installations. • Watershed boundary map- The site plan you submitted to our office today does not show topography or drainages (with wetland areas clearly identified). 1 recommend that we notify the Corps of Engineers and request authorization to install culverts, impact degraded wetlands, and create functional wetlands. The Corps process takes from 90 days to over a year, depending on endangered species issues. The Corps will require a wetland delineation and may require additional surveys following Endangered Species Act Section 7 consultation with the US Fish and Wildlife Service. Your project will need a Clean Water Act 401 certification from the Regional Water Quality Control Board before the Corps penmit it fully authorized - Your project may also require a permit £rot the CA Department of Fish and Game to modify the location and function of wetlands. Sincerely, �j,�/ �Yn�&z Althouse EXHIBIT K: Follow-up Biological Assessment Althouse and Mead ALTHOUSE AND MEADE, INC. Bt()tAxil('AL AND INVIRONMENfAL SLRVICLI — — 1873 Wdhona Rauf • Paso Robles. CA 93446 • Tek"x (1105) 467-1041 • Fax MIS) 467-1021 L\me Ne Akh3se. %I S k$05) 419-16611 i -cU) It1ncdeo4Aihwarkw6e cvn May 20, 2004 tk.d a scale. Ph D 2741 (1107 i 70!�-24'4 �"11) dmAAdnuuandnrane :�n Kelly Gleason City of A.tascadero Community Development Depmtment/Public Works 6500 Palma Avenue Atascadero, CA 93422 Re. CUP 2003-0095 9190 San Diego Way Dear Kelly This letter respond, to corrections released on April 26, 2004, items 4 and S The wetland mitigation area is designed to mitigate for impacts to degraded wetlands on the project site The wetland mitigation area will be vcbctatcd with native species and will have significantly higher functions and values than the existing wetlands on site. The wetland mitigation area is part of the L!.S Army Corps of Engineers Nationwide 27 and 39 permits, in process The wetland on the subject property connects with a much larger wetland to the south, part of the Paloma Creek drainage system. Pedestrian access is being c widinatcd between this project and the project to the south ( 1'he Villages al Dove Creek) Pedestrian access will pass from the park, through the fire access road now El Camino Real, toward the wetland The path will be set back front the wetland so the area between the path and the wetland can be planted with a "bramble - berry hedge" of California wild roses and blackberries Pedestrian a"ess is not possible in the wetland mitigation arca for three reasons 1 The wetland will be boggy most of the year. 2 The border of the wetland will be surrounded on three sides by a retaining wall covered with blackberries. 3 We need to inhibit human access to the wetland due to the possible presence of federal threatened species, California rcd•legged frog Attached is a copy of the mitigation planting plan prepared by C1P Productions Inc (Atascadero) Also attached is a portion of the grading, drainage and site utility plan prepared by Roberts Engineering (Templeton) ]'he blue line on the grading plan indicates the location of the existing wetlands on the subject parcel with respect to the adjacent parcel to the south The proposed wetland mitigation area is correctly located to provide an extension of the existing wetland. EXHIBIT K: Follow-up Biological Assessment Althouse and Mead :liriiuu.rc•uad.i%a1k', inc. The retaining wall adjacent to the %wdand mitigation area is useful for three reasons, I 1'he wall inhibits California red -legged frogs (if present) from entering the development '_ The wall inhibits pedestrian access to the wetland. 3 fhe design of the wetland mitigation area requires a wall in order to maintain the building pads for the cond(nniniums. As 1 understand the revised plan, the proposed wall along the property boundary is set back from the property botmdary by three feet It is important that the wall be set back from the property boundary so there is enough room for landscape matenals ( native trees and shrubs), irrigation, and maintenance activities. The revised grading, drainage and site utility plan provides suitable mitigation for wetland impacts. Picase notify me of changes that are made to the site grading, drainage and landscape plans that may affect the wetland mitigation arca or the wetland south of the subject parcel Sincerely, ynn Althousc Attachments Mitigation Planting Plan prepared by CJP Producxions, Inc Portion of Grading, Drainage and Site Utility Plan prepared by Roberts F.nginocring Copy Peter lc»serand XIII San Mego N ay CondwNnima EXHIBIT K: Follow-up Biological Assessment Althouse and Mead L J • J zz t S YNJ p 1 0C z �— L_Yoo lLLJ7J F p« �« L r2 171 171O i r Y p � • o vQ iO OZ 4 �Z Y a N <� a < rv QY ��S pS X� m • j{{ 0 <JJ o r• n • n n � �+ - � • r - u yyz S s o� <a W, z IN ��«c � O_ .0 U` 4 JS 03 Ne �V Z , J�J oo ot< t?A L_S qSO �4 <; C� O �< �Yp Y 2 << yO'O A y(; < l0 mZ Y 1 �V C vt 7U �U JO •J } �C UU0 87 x'UU J q le RAJ[: 34 < 00 • EXHIBIT K: Follow-up Biological Assessment Althouse and Mead EXHIBIT L: Project Statistical Summary Area Calculations Gross Site = 176,694 sq.ft. Offer Oflkdication 2,824 sq.ft. Net Site - 174,140 sq.fl. Badding Footprints 12 Buildings ® 1302 15,624 sq - fl -30 Buildings (q-? 1048 = 31,440 sq. fl. Total Footprints = 47,064 %q. ft. 27'0 of net Parkin Total Parking & Drives = 55,405 sq.ft. _ 31.8% of net Carports - 21 x 720 -- 15,120 sq.t1 of total parking Landscape Walks & Flatwork - 11,991 sq.ft. Open arra - 28,556 sq.fi. Softscapr = 32,767 Lvital I and,apc 71.745 + ft. 41,21`9 of act Total Building. Parking, and tAnscape -100'/0 of net EXHIBIT M: Off-site Public Improvement Plan Attachment 7: Draft Resolution PC 2004-0083 Tentative Tract Map 2004-0052 DRAFT RESOLUTION PC 2004-0083 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING TENTATIVE TRACT MAP 2004-0052, TO ALLOW 84 AIRSPACE UNITS ON ONE COMMON LOT CONSISTENT WITH A MASTER PLAN OF DEVELOPMENT (CUP 2003-0095) PN 045-352-0021, 0039 0049 0069 007 (9190 San Diego Way/JRM Enterprises) WHEREAS, an application has been received from JRM Development (809 13th Street, Paso Robles, CA 93446), Applicant and Property Owner to consider an amendment to the Master Plan of Development (CUP 2003-0095) and to consider an application for a condominium map (TTM 2004-0052) to approve an 84 -unit multifamily development; and, WHEREAS, the site's General Plan Designation is HDR (High -Density Residential); and, WHEREAS, the site's current zoning district is RMF -16 (Residential MultrFamily); and, WHEREAS, the Planning Commission has approved an amendment to the Master Plan of Development (CUP 2003-0095) thereby allowing an eighty-four unit multifamily development on the site; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Tract Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on July 20, 2004, studied and considered Tentative Tract Map 2004-0052, after first studying and considering the Mitigated Negative Declaration prepared for the project; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings of Approval for Tentative Tract Map, the Planning Commission of the City of Atascadero finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The proposed subdivision, as conditioned, is consistent with the proposed Master Plan of Development (CUP 2003-0095). 4. The site is physically suitable for the type of development proposed. 5. The site is physically suitable for the density of development proposed. 6. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 7. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 8. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on July 20, 2004, resolved to approve Tentative Tract Map (TTM 2004-0052) subject to the following: EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program. EXHIBIT B: Off-site improvements EXHIBIT C: Traffic Calming Study On motion by Commissioner and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ABSTAINED: ADOPTED: CITY OF ATASCADERO, CA Bob Kelley Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval Resolution PC 2004-0083 TTM 2004-0052 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PM: Parcel Map GP: Grading Prmt PS: Planning Services 9190 San Diego Way g y BP: Building Pont T0: Temporary BS: Building Services CE: City Engineer Southside Villas occupancy F0: Final occupancy CA: City Attorney AMWC: Atascadero Mutual CUP 2003-0095 (Amendment) PI: Public Improvements Water Company Planning Services Standard Planning Conditions 1. The approval of this application shall become final fourteen (14) Ongoing PS days following the Planning Commission approval unless an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Tract Map shall be valid for two years FM PS after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date, or a final map is recorded with the County Recorder's Office. 3. The Community Development Department shall have the FM PS authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Tract Map. 4. A final map drawn in substantial conformance with the FM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 5. The subdivider shall defend, indemnify, and hold harmless the Ongoing CA City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the subdivision. 6. This Tentative Map shall be for an 84 -unit multi -family Ongoing PS condominium development, located on parcel 045-352-002, 003, 004, 006, 007regardless of owner. Project Specific Conditions 7. Affordable Housing Requirement: The applicant shall set aside FM CE/PS 10% of the base density units at the very lowAncome rate, or 20% of the base density units at the low-income rate for a narinrl of 10 vaarc At laact nna thraa_haHrnnm rinit zhnil ha Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PM: Parcel Map GP: Grading Prmt PS: Planning Services 97 90 San Diego Way 9 y BP: Building Prmt TO: Temporary BS: Building Services CE: City Engineer Southside Villas occupancy F0: Final Occupancy CA: City Attorney AMWC: Atascadero Mutual CUP 2003-0095 (Amendment) PI: Public Improvements Water Company deed restricted. 8. Workforce Housing FM PS/CE Prior to issuance of building permits, the applicant shall enter into a legal agreement with the City to reserve 1/2 of the units 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 rent to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified renters is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial rental only; ■ The applicant shall identify which units will be reserved; and ■ The City Attorney shall approve the final form of the agreement. City Engineer Standard Conditions 9. Prior to the issuance of building permits the applicant shall FM CE submit plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. 10. The applicant shall acquire title interest in any off-site land FM CE that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 11. Slope easements shall be obtained by the applicant as FM CE needed to accommodate cut or fill slopes. 12. Drainage easements shall be obtained by the applicant as FM CE needed to accommodate both public and private drainage facilities. 13. A preliminary subdivision guarantee shall be submitted for FM CE review in conjunction with the processing of the parcel map. 14. The final map shall be signed by the City Engineer prior to FM CE the map being placed on the agenda for City Council acceptance. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PM: Parcel Map GP: Grading Prmt PS: Planning Services 97 90 San Diego Way 9 y BP: Building Prmt TO: Temporary BS: Building Services CE: City Engineer Southside Villas occupancy F0: Final Occupancy CA: City Attorney AMWC: Atascadero Mutual CUP 2003-0095 (Amendment) PI: Public Improvements Water Company 15. Prior to recording the parcel map, the applicant shall pay all FM CE outstanding plan check/inspection fees. 16. Prior to recording the parcel map, the applicant shall set FM CE monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 17. Prior to recording the parcel map, the applicant shall submit a FM CE map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 18. All existing and proposed utility, pipeline, open space, or FM CE other eas ements are to be shown on the final/parcel map. If there are building or other restrictions related to the easements, they shall be noted on the final/parcel map. The applicant shall show all access restrictions on the final/parcel map. 19. Prior to recording the parcel map, the applicant shall have the FM CE map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 20. In the event that the applicant is allowed to bond for the FM CE public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 21. An engineer's estimate of probable cost shall be submitted FM CE for review and approval by the City Engineer to determine the amount of the bond. 22. The Subdivision Improvement Agreement shall record FM CE concurrently with the Final Map. City Engineer Site Specific Conditions 23. The applicant shall record CC&R's for the subdivision subject to FM CE 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. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PM: Parcel Map GP: Grading Prmt PS: Planning Services 97 90 San Diego Way 9 y BP: Building Prmt TO: Temporary BS: Building Services CE: City Engineer Southside Villas Occupancy F0: Final Occupancy CA: City Attorney AMWC: Atascadero Mutual CUP 2003-0095 (Amendment) PI: Public Improvements Water Company Public Improvements: 24. EI Camino Real. Full frontage improvements are required BP PW with this development from the southerly project boundary to San Diego Way. These include pave out for additional travel lanes with adequate width for bicycles, curb, gutter, landscaping and sidewalk. The project shall install Woot landscape strip at the street frontage with a 5 -foot sidewalk behind it. The entire surface of EI Camino Real will be restriped for bicycles lanes and two travel lanes in both directions and a center turn lane. The landscaping on EI Camino Real shall be irrigated, maintained and cared for by this project. The asphalt will transition back to the existing edge of pavement at the south end of the project at a 5:1 ratio. Public Improvement plans shall be submitted detailing the design. Cross sections shall be submitted detailing the existing and proposed cross fall on EI Camino Real. 25. San Diego Way. Full frontage improvements are required BP PW with this development from the southerly project boundary to EI Camino Real. These include pave out, which will allow travel lanes in each direction with room for bicycles and no parking. A 5 -foot sidewalk will be constructed from the southerly project property line to EI Camino Real. Traffic Calming features shall be installed at the two project entrances on San Diego Way, subject to the approval of the City Engineer. 26. Intersection of San Diego Way and EI Camino Real. The BP PW intersection will be raised and realigned to be perpendicular to EI Camino Real. The intersection will be restriped to allow for left and right hand turn pockets onto EI Camino Real. 27. All public improvements shall be constructed in conformance BP PW with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. Drainage: 28. Drainage calculations are required per section 5 of BP PW Atascadero Engineering Standards. The "Retention Areas" will be sized for the detention of the 50 year developed storm runoff, while metering out the 2 year undeveloped storm runoff. The offsite storm water flows will be allowed to be passed through the project undetained in drainage easements. The offsite flows and the detained onsite flows must be released down stream in the same location, concentration and pattern as historic flows were released, unless the downstream owner provide written approval of a Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PM: Parcel Map GP: Grading Prmt PS: Planning Services 97 90 San Diego Way 9 y BP: Building Prmt TO: Temporary BS: Building Services CE: City Engineer Southside Villas occupancy FO: Final Occupancy CA: City Attorney AMWC: Atascadero Mutual CUP 2003-0095 (Amendment) PI: Public Improvements Water Company deviation. 29. Drainage calculations shall be produced considering all areas BP PW tributary to this property. These calculations shall be in conformance the City of Atascadero Engineering Standards. Submit calculations to support the design of any structures or pipes. Closed conduits shall be designed to convey the 10 - year flow with gravity flow; the 25 -year flow with head, and provide safe conveyance for the 100 -year overflow. 30. A Storm Water Pollution Prevention Plan shall be produced BP PW and approved by the Regional Water Quality Control Board and the City of Atascadero. These plans shall recommend mitigation measure during and after construction to eliminate point and non point source pollution. The use on onsite grading feature to pond and percolate storm water is recommended. A filter system, mechanical or non, shall be installed with this project. This system shall comply with the intent of National Pollution Discharge Elimination System, Phase II requirements. 31. Obtain approval by the City Engineer of the grading & BP PW drainage plan and the storm drain design & facilities. 32. Acquire drainage easements where needed. Drainage shall BP PW cross lot lines only where a drainage easement has been provided. 33. Concentrated drainage from off-site areas shall be conveyed BP PW across the project site in drainage easements. Wastewater: 34. This project proposes a sewage lift station. This lift station will BP PW meet the following criteria: ■ Sewer lift stations, force mains, gravity mains, laterals and other sewer facilities shall be privately owned and maintained. ■ Catalogue cuts of equipment that will be installed the lift station shall be submitted and approved by the Director of Public Works. ■ Lift stations shall be installed with alarm dialers programmed to notify qualified maintenance personnel when malfunctions occur. • Developer shall submit a lift station emergency contingency plan that addressed protection of public health and the environment from sewage spills and prolonged power outages. ■ Lift Station shall be equipped with duplex pumps. 35. Drainage piping serving fixtures which have flood level rims BP PW located below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PM: Parcel Map GP: Grading Prmt PS: Planning Services 97 90 San Diego Way 9 y BP: Building Prmt TO: Temporary BS: Building Services CE: City Engineer Southside Villas occupancy F0: Final Occupancy CA: City Attorney AMWC: Atascadero Mutual CUP 2003-0095 (Amendment) PI: Public Improvements Water Company piping shall be protected from backflow of sewage by installing an approved type backwater valve Fixtures above such elevation shall not discharge through the Imckwater valve. 36. The sewer force main crossing EI Camino Real shall cross BP PW perpendicular in the right of way. 37. All sewer main taps will be done by the City of Atascadero. BP PW The developers shall pay a sewer tap fee. 38. Sewer connection permit shall be issued separately (from BP PW building permit) after public sewer extension has been completed and has received a satisfactory final Public Works inspection. Final project inspection shall be contingent upon completion of the public sewer extension and Public Works final inspection. Atascadero Mutual Water Company 39. Prior to the start of construction, , the applicant shall submit BP BS plans for review and approval by AMWC for all existing and proposed water distribution facilities that provide water service to the proposed Development. 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. 40. Prior to the issuance of building permits, the applicant shall BP BS obtain a "Will Serve" letter from the Atascadero Mutual Water Company for the newly created Lots. 41. Prior to the start of construction, the applicant shall pay all BP BS installation and connection fees required by the Atascadero Mutual Water Company. 42. All water distribution facilities shall be constructed in BP BS conformance with Atascadero Mutual Water Company standards, policies and approved procedures. All cross - connection devices shall be constructed in conformance with AWWA and Department of Health Services standards. Fire Marshal 43. Provide a letter from the Atascadero Mutual Water Company BP FD stating the minimum expected water available to the site. Amount available must meet min. requirement specified in the California Fire Code. 44. Fire lanes shall be delineated to restrict parking as required BP BS by the Fire Authority. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PM: Parcel Map GP: Grading Prmt PS: Planning Services 97 90 San Diego Way 9 y BP: Building Prmt TO: Temporary BS: Building Services CE: City Engineer Southside Villas Occupancy CA: City Attorney F0: Final Occupancy AMWC: Atascadero Mutual CUP 2003-0095 (Amendment) PI: Public Improvements Water Company by the Fire Authority. 45. One additional fire hydrant shall be added to the emergency BP BS access area off of EI Camino Real, subject to the approval of the fire marshal. EXHIBIT B: Off-site Public Improvements Resolution PC 2004-0083 TTM 2004-0052 EXHIBIT C: Traffic Calming Study Resolution PC 2004-0083 TTM 2004-0052 -11' -:6-2004 12:47 P,1 POREPTR ENGINEERING 230 clow P,U. 0=0 orou Ino lnrrr In$ GFOWA 164 t6,27 rNrrdr Avfrur Srnu rnp. QlJerov Ilt60 Monr1rA11 SOS -688.7614 rmall Oeve QUI -1 nrr December 29, 2003 Mr. Steven Kahn, PE, LS Pubic woM Director City of Atascadero 65DD Palma Averue Atescadero, CA 93422 Subject: Traff c Calming Along San Diego Wdy — Southside Villas Dear Mr. Kahn: OEG Refererr-c 50203 C>roc7 Engineerine, rs oup, Inc (OEG) has prepared tie following analysts o` traffc calmng options ns requester by the Plann'ng Commission. Two options were to De evaluated. The "irst ooton was a traffic calminq ooton :o create a comfortable pnyslcai environment to siu v traffic using San Diego Way. The record ooton was to consider Instaliing an Ai -Way Stop controlled intersectior at the project drlveeNays. Traffic Caliming There are several traffir calming tools that can be used to sow or discourage traffic on a particutar street. Typical tools include raised Intersectens, curb bulb outs, speed humps, roundabouts, diverters, chokers, etc. For this project, the street is already fairly narrow at 34 feet for parking on one side Only. The Instalation of a roundabout would take too much right of way. Diverters and speed humps are not appropriate for a connector road between a freeway ramp and the main City street. The most appropriate tool would be a choker/curb bilb out. The Intent of this tragic calming tool 's to reduce the paved roadway section over tate basic road section to narrow the area between curbs. This gNes divers the feding of being squeered and a.. r...+ n„r,",Jly vnalr1o% <Irwv S -1S rrnh from their orevious speed based actual studies. Attached to this IettPr are two sketches of how the choker/curb bulb out could look from a aerial perspective for the north and south project driveways. Once approved, landscaping and dull engineering/drainage Imes vill be specifically addressed. The intent of the landscaplrsg is to make it consistent with the proposed project, whsle the civil erg'rteering neetk:d will address site and roadway drainage issues. Both of these areas are manageable and do not impact the technical ability to slow tra`fic on Sa 1 Diego Way. Two street lignts have been added per your request, one at each driveway. aL-Valma An Ail -Way Stop controlled Intersection at the project driveways was asked to be consldered to slaw traffic on San Diego way. Our research has Tound that the Installation of an all -way stop is not waranted, nor aooropriate, at these locations fur the following reasons. EXHIBIT C: Traffic Calming Study Resolution PC 2004-0083 TTM 2004-0052 rr,i I „c i -So . o. Mr. Steven Kahn December 19, 2003 rows Acoording to the federal Highway Administration publications, Manual on Unlfor r TrWric Control Devices or MUTC 1, All -way stop sign installations are appropriate where each approach vokure Is approximately equal. The minirntxn trains vaumes required to meet the warrants Por Installation of an all -way stop are: 1. Minimum of S00 vehides per hour average for 8 hours of the day, AA'D 2. The combkwd vehicle and pedestrian volume on the minor street s at '.east 200 urns during the sarre 8 hour period, and tre avrYage dMay Is at feast 30 seconds per vehicle during the peak hcxu, AND 3. If the average speed is 40 MPH or greater, ft- requirements are Mb of 1 and 2, above. For this project, the peak hour volumes or San Dlego Way are 85 AM and 100 PM In the peak cilrection. Tre volume on the project driveways are approximately 12 vehides per peak hour. These vdume levels are shgnlficantly below those reoWred to meet the minfmum wa-raMS. The vaume differential beaveer the driveway and the volume on San Diego Way is not balanced. The posted speed Gmlt on San Diego Way is 25 MPH. Therefore, the Installation of an all -way stop sign Is not warranted. According to the Traffic Calr.ing Primer', Stop Signs are not traffic cal61ng tools, buA devices to assign right-of-way at intersections. Compliance is also a concern with implementing urnverrented stop signs. Stud -es have shown that, the violation rate at unwarranted Ston sign Insta' at{ons for 3 -way stops (such as these being considered) is as h1gh as 93%. Recom mend stion At nin min, the project proposed installation of stop sgns for the traff4c a dting the project driveways st ou'd be tnsta'led. In our opinion, the all -way stop sign concept should not be considered as a v.ab'e alternative. It would be our recommendation, that the project as proposed be constructed and traffic flaws evaluated after six months of occupancy. Should the City determine that trWfic calming Is neeeed, the shocker/curb bulb outs could be inaaPed. ShoUd you have any questions, feel free to contact us. Sincerely, Q jkpfE88/q e�OQ�E'A A.0,9�� Stephen A. Orosz, PE, PTOE Orosz Engineering Group, Inc. oe �gi �4 si Attachments cc. Tim Roberts, Roberts Engineering �l��f ee , AF*% FQQ�� Tra'flc Calming Primer, Pat Noes & Associates, 1998, pages 6 aro 9 (attaMed; EXHIBIT C: Traffic Calming Study Resolution PC 2004-0083 TTM 2004-0052 JUL-13-2404 12:46 FM RODEPT6 ENGIHEEPING 236 614e P.AE } Q O 0 W 0 EXHIBIT C: Traffic Calming Study Resolution PC 2004-0083 TTM 2004-0052 -- •0Q +• h:VbERTS ENGINEERING 2i9 6340 }� N o, .OZ 4t I I 0 r WV Q c^ c ,ZI ,ZI CL 02 / �I c V� t� Wu � EXHIBIT C: Traffic Calming Study Resolution PC 2004-0083 TTM 2004-0052 Tic Calming Printer ane Widths for %vhOes ]Yuck rtrrlriainnt one often implemented or, residential streets Where truck traffic is prohlematic. ]Bose art generally local streets experiencing cut -through tralTic m drven:u:: of truck traffic from the artenal syteen. PuriFing control can be used as a traffic calming option by restraint the use of ncighbothood streets as parking lots for adjacent traffic generators such as schools or hc.sinesses. Tl" restrictions reduce the numbu of cart circulating through the neighbor- lrtxsd in ccatch of parking. Geometric Changes Much of wlut is tttatght of as traffic calming includes physical changes to the rvsdwa% to reduce navel speeds and'or discourage cut -through traffic from using neighborhood street. Ruud+an) narrowing is used to reduce speeds and discourage cut through trafTrc 1+ c, also he used to improve pedestrian safo:y and provide enhancement opportunnnes. heckdowns. chokers and curb<xtenuom are constructed a: intersections or mid-bloeL to natio- the street. Medians can also be used to nsrrtow each sick of the succi. and one-Wic sections spuria extensive narrowing opportunities. Urverrer.t are physical devices that divcn tnfric from contertamp through a neighbor- hood. Diagcmally divertert restrict through and Left turn movements and art he used to eliminate cut through traffic or draert it out of a specific area Semi-divertrts arc lea n- i-ictivc than full diverten and are also used to resinct movements into w through a neighburliood. Clnsvirs arc used to completely restrict traffic at the Mm of cbm..•. -' !A oft like claumm restrict traffic and eliminate cut -through traffic, Trofic circler are useJ to fedi x sr.eeds and discourage cut-thmuRh trofric. They are pertrrally installed at interaction but can be installed mid -block, right of -way permittirg C/warnrlr:ed fhrrrd rum• tic similar to semi•divertcrs in their ability to restnet moiements and eliminate cut -through traffic. Sliced humps arc probably the most commonly used geometric change vafTc calming tout They are used to slow traffic and discourage cut through traffic on residential preens Raised crossings are basically Gsatopped speed humps, or speed tables. kruted at. and signed for, pedestrian crossings. Curwd olignmentr include chicarim offsets, and curvilinear streets used to slow the speed of traffic. Other Tools Londicaping is fitted not only to enhance the sodietecs of traffic arming devkrs. bat also to increase their efrecuveness. Landscaping softens the environment and can be nae_" bink up the driver's line of sight, reducing the comfortable spend of travel Public education can be an important element of a comprehensive vafric alm:re program Public education an include efforts to make the public more aware of their own driving behavice and die impwu it has on others. Drive•, safety infornat:on and aducaua: on existing laws an help improve driver behavior. Strict furniture, like landscaping, can be toed to enhance sitrer:scapc scalietio, aofien the feel of the tercet and acoentuate the presence of pedesuiuts. Tools not Recommended for Traffic Calming Stap signs, though one of the most currtnwoly requested devices by neighborhood residents, are not considered traffic calming devices. Stop signs arc used to assign right of way at intersections Although many citimos believe that stop signs help reduce speeds or their street, studies have shown that btv md•block, spoew arc ac high or higher than those locations without stop signs. Compliance is also a conccni imptementinK unwarranted stop signs. Again, stadia have shown a sigtri(kase viastlon rate for unwarranted multi•rs) tar. A �.�,wrhmeid Aatr.cYSM ir9A EXHIBIT C: Traffic Calming Study Resolution PC 2004-0083 TTM 2004-0052 T .07c Conning `omf, stop signs, with as few as 1% of a vehicles wmins to a complete pop at three-way stol+s unvarramod stop si=tu delay all motonsu. whether they are traveling the speed limn or exccoding it This delay perulires all driven rat1w than tarllctir.g violators. Addition- ally. they an create noise and emissions impacts to the adjacent residem. Alduugh cornmortly requested. it is often hclpfbl to explore alternative optima with neighborhood residents, as stop vtgm generally do rot provide the relief they are looking fox as well u other traffic abnirtt dev ccs do Child,en m NY "Km are a'v commonly tequested by nrizers concerned with vaftr safety in their neighborhoWk These signs have not been found to be effective and other oFuons fa addressing residents' concerns should be pursued Sposd diju• though M%t commonly recognized as a trafYk calming too!, arc somvnimcs requemed by citizens who "-t%.c Cie effects of drayage cross pans on ttafllc w-od. The mrtallation of dips for speed control is generally not effective for most general purpose vehicles Arid nas been found to ha%r significant negative tm?acts on ernertteccy response vehicles Speed AY,npr have a similar effect A% spud dips. These shom round tum;rs in the rout can be negotisted a high speeds by many, general purpose %chicles, but result in significant problems for emergency ns, onsc vehicles. They ht%e been found to have a number of safay and liability limiunon►, RosrrduDnup arc generaiiy nes conssdentid to be tra"rsc erlming devices. Modem roundahouts aro installed in intersections in lieu of signats and accommodate high volumes of traffic. Modon, row+dalcuu art utsetided to increase the capacity of Intersections rather than calm tnfric Application of Tools Each toot has appropriate applications and uses, Each Addresses the various objective Of traffic calming more or less etfoctively than other. Although the applicator of each devlce vanes by conditions, the following is a general list of traffic calming devices by o%MOeti ve. Reduce Spared Traffic Circles • Neckdowns • Medians • Chokers • Enforcement • Phyto Rader • Spited Trail@. • Landscaping • Speed Humps Realigned Intersection niverters Raised Crosswalks Raised Intersections • [kviatton► Mitigate Cut -Through Traffic ' Urrer:cn • Closures • Signed Tum Resincuons • Physical Turn Restrictions One-way Sections Partial Closures QatawgNentry ways ITEM NUMBER: 5 DATE: 7/20/04 Atascadero Planning Commission Staff Report - Community Development Department Tentative Parcel Map 2004-0058 (AT 03-0101) 2135 San Fernando Rd. (Phillips) SUBJECT: Proposed subdivision of one existing parcel totaling approximately 6.05 acres into two parcels of 2.93 and 3.06 acres, gross. A single-family residence is currently under construction on the site. RECOMMENDATION: Staff Recommends: Planning Commission adopt Resolution No. PC 2004-0079, certifying Proposed Mitigated Negative Declaration 2004-0020 and approving Tentative Parcel Map 2004-0058, based on findings and subject to conditions of approval and mitigation monitoring. SITUATION AND FACTS: 1. Applicant/Owners: Daniel and Susan Phillips, 8800 EI Camino Real, Atascadero, CA 93422 Phone: (805) 461-1664 2. Representative: Wilson Land Surveys, 7600 Morro Road, Atascadero, California 93422, Phone: (805) 466- 2445 3. Project Address: 2135 San Fernando Rd., Atascadero, CA 93422 APN 049-281-012 4. General Plan Designation: Rural Estates (RE) 5. Zoning District 6. Site Area: 7. Existing Use: 8. Environmental Status DISCUSSION: Project Definition ITEM NUMBER: 5 DATE: 7/20/04 Residential Suburban (RS) 6.05 Acres gross Single family residence under construction Proposed Mitigated Negative Declaration 2004- 0020 The proposed project consists of proposed parcel map to subdivide one 6.05 -acre parcel into two parcels of 2.93 and 3.06 acres gross. The site is currently being developed with a single-family residence which is located on proposed parcel one. The site is moderately to steeply sloped with an average slope of 20.9%. A majority of the site contains dense native tree canopy cover. Background pct Parcel: 2135 San Fernando Rd Zoning: Residential Suburban The project site is within the Rural Estates General Plan land use designation and is zoned Residential Suburban, with a minimum lot size of 2.5 to 10 acres depending on site characteristics and based on performance standards. Surrounding properties are zoned Residential Suburban. Subdivision Design: ITEM NUMBER: 5 DATE: 7/20/04 The subdivision will divide one existing lot into two parcels. Proposed Parcel 2 is designed with a 20 -foot wide flag in accordance with Subdivision Ordinance requirements. Although a flag is required and will be provided, shared access for both Parcel one and two is proposed by way of an access easement. The subdivision, as proposed, meets Zoning Ordinance standards related to minimum parcel size. The minimum lot size for both parcels is 2.926 -acres gross as shown in the following calculation tables: Minimum Lot Size Criteria For the Residential Suburban Zone Address 2135 San Fernando Rd Lot Size Factors APN 049-281-012 Lot Size 6.05ac Contact Phillips 0-8,000=.20, 8-10,000=.25 10-12,000 =.30, 12- 14,000 = .40, 14-16,000 =.50,16-18,000 Distance from Center =.60, 18-20,000=.75, > of Community 20,000 =.90 13,500 0.4 <20 min/inch=.50 20-39 min/inch=.75 Septic Suitability 40-59 min/inch= 1.00 (perk rate) > 60 min/inch= 1.50 0.75 0-10%=.5, 11-20%=.75, 21-25%= 1.0, 26-30%=1.25, Average Slope 31- 35%=1.75, 36-40%=2.00 20.40% 0.75 City accepted road =.40 Paved road less than 15% =.40 Paved road more than 15% =.50 All weather less than 15% _ .75 All weather more than 15% _ 1.00 Unimproved less than 15% = 1.25 Unimproved more Access Condition than 15% = 1.5 0.4 lot sizes within 1,500' Average Lot Size Within 1500 Feet (acres) 3.13 0.63 Minimum Lot Size= 2.926 Site improvements currently under construction will be confined to proposed Parcel 1. Percolation tests indicate that the proposed parcel 2 is suitable for an engineered onsite septic system. Atascadero Mutual Water Company will provide water to the potential new residence at the time of development. Future utilities to the new lot will be required to be placed underground and located within the driveway area to reduce any potential impacts to native vegetation (Condition 11). Future Improvements, Parcel 2: ITEM NUMBER: 5 DATE: 7/20/04 The applicant is proposing a building envelope located at the south-east corner of parcel 2. The proposed area for future construction includes a potential removal of 100 trees totaling 1,471 inches dbh. The proposed driveway location spurs off of the driveway serving parcel 1 and has the potential to impact 10 trees totaling 153 inches dbh exclusive of any potential impacts due to grading. The project includes the approval of possible tree removals within the designated building envelope and driveway location. As conditioned, tree removals within the building envelope and specified driveway location which are associated with future construction on Parcel 2 will not required Planning Commission review and approval (Condition 10). Staff has conditioned that future driveway development incorporate retaining walls into the design to minimize grading impacts to adjacent native trees (Condition 13). Approximation of {,., ►. building envelope Ji 1—A a —A&A lnratinn Ii • ♦ ♦ Approximate location of residence under construction Public Improvements: The project has been conditioned to apply an asphalt overlay on the San Fernando Road frontage to the centerline plus 10 feet, prior to recordation of the final map. General Plan Consistency ITEM NUMBER: DATE: 7/20/04 The subdivision is consistent with the General Plan Rural Estate land use designation and Residential Suburban zoning regulations with minimum lot sizes of 2.93 and 3.06 acres gross, based on performance standards. ITEM NUMBER: 5 DATE: 7/20/04 Findings 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement, as conditioned, of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The site is physically suitable for the density of development proposed. 4. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 5. The subdivision is consistent with the character of the immediate neighborhood. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. The proposed subdivision design and type of improvements proposed will not cause serious public health problems. 8. The proposed subdivision will be accomplished without detriment to the adjacent properties. 9. The installation of a standard street, either alone or in conjunction with neighboring properties is not feasible. Proposed Environmental Determination Staff has prepared a Draft Mitigated Negative Declaration, circulated to public agencies and interested members of the public on June 7, 2004. The environmental analysis identified concerns regarding potential impacts to aesthetics, air quality, biological resources, geology & soils, and noise. Mitigation measures pertaining to these resources are included. A finding is proposed that this project would not have a significant effect on the environment based upon the implementation of the identified mitigation measures. Staff is recommending the Commission recommend that the City Council certify Proposed Mitigated Negative Declaration 2004-0020. Conclusion The subdivision, as conditioned, is consistent with the 2002 General Plan and Zoning Ordinance. The parcel configurations are consistent with the Subdivision Ordinance requirements and the size and shape of the proposed lots are consistent with the character of the immediate neighborhood. Staff recommends the Planning Commission approve Tentative Parcel Map 2004-0058 as conditioned. ITEM NUMBER: 5 DATE: 7/20/04 ALTERNATIVES: 1. The Commission may approve the subdivision subject to additional or revised project conditions. 2. The Commission may deny the subdivision if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1 -- Location Map Attachment 2 -- Proposed Mitigated Negative Declaration 2004-0020 and Initial Study Attachment 3 -- Draft Resolution PC 2004-0079 ITEM NUMBER: 5 DATE: 7/20/04 ATTACHMENT 1: Location Map (General Plan / Zoning) TPM 2004-0058 2135 San Fernando Rd. i •tiY1 Subject Parcel: 2135 San Fernando Rd Zoning: Residential Suburban d Plan Rural Pcfaf c ITEM NUMBER: DATE: 7/20/04 ATTACHMENT 2: Proposed Mitigated Negative Declaration and Initial Study TPM 2004-0058 2135 San Fernando Rd. This page intentionally left blank. ITEM NUMBER: 5 DATE: 7/20/04 ATTACHMENT 3: Draft Resolution No. PC 2004-0079 TPM 2004-0058 2135 San Fernando Rd. DRAFT RESOLUTION NO. PC 2004-0079 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO CERTIFYING PROPOSED MITIGATED NEGATIVE DECLARATION 2004-0020 AND APPROVING A TENTATIVE PARCEL MAP 2004-0058 TO DIVIDE ONE RESIDENTIAL LOT INTO TWO RESIDENTIAL LOTS ON APN 049-281-012 (Phillips) WHEREAS, an application has been received from Dan and Susan Phillips (8800 El Camino Real, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a two lot residential Tentative Parcel Map; and, WHEREAS, the proposed project has a General Plan Designation of Rural Estates (RE) and is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and, WHEREAS, the site is located in the Residential Suburban (RS), with a minimum lot size of 2.5 to 10 acres based on specific performance standards, which allows for the proposed use and density when certain findings are made; 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, an Initial Study and Draft Mitigated Negative Declaration 2004-0020 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, V4WREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on July 20, 2004, studied and considered Tentative Parcel Map 2004-0058, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, ITEM NUMBER: DATE: 7/20/04 NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Certification of Negative Declaration. The Planning Commission of the City of Atascadero, hereby certifies Mitigated Negative Declaration 2004-0020 based on the following findings: 1. The Negative Declaration has been completed in compliance with requirements of the California Environmental Quality Act; and, 2. The project does not have the potential to degrade the environment; and 3. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, 4. The project does not have impacts which are individually limited, but cumulatively considerable; and, 5. The project will not cause substantial adverse effects on human beings either directly or indirectly. SECTION 2. Approval of Tree Removal Permit, the Planning Commission of the City of Atascadero 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: 1. Early consultation with the City; 2. Consideration of practical design alternatives; 3. Provision of cost comparisons (from applicant) for practical design alternatives; 4. If saving tree eliminates all reasonable uses of the property; or 5. If saving the tree requires the removal of more desirable trees. SECTION 3. Findings of Approval for Tentative Parcel Map, the Planning Commission of the City of Atascadero finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement, as conditioned, of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The site is physically suitable for the density of development proposed. 4. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 5. The subdivision is consistent with the character of the immediate neighborhood. ITEM NUMBER: 5 DATE: 7/20/04 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. The proposed subdivision design and type of improvements proposed will not cause serious public health problems. 8. The proposed subdivision will be accomplished without detriment to the adjacent properties. 9. The installation of a standard street, either alone or in conjunction with neighboring properties is not feasible. SECTION 4. Approval. The Planning Commission does hereby approve Tentative Parcel Map 2004-0058 (AT 03-0101) to subdivide one parcel totaling 6.05 acres into two parcels of 2.93 and 3.06 acres, subject to the following Conditions and Exhibits: EXHIBIT A: Proposed Mitigated Negative Declaration 2004-0020 EXHIBIT B: Conditions of Approval EXHIBIT C: Tentative Parcel Map 2004-0058 (AT 03-0101) EXHIBIT D: Potential Tree Removal List On motion by Commissioner and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ABSTAINED: ADOPTED: CITY OF ATASCADERO, CA Bob Kelley Planning Commission Chairperson ATTEST: ITEM NUMBER: DATE: 7/20/04 Warren Frace Planning Commission Secretary ITEM NUMBER: DATE: 7/20/04 EXHIBIT A: Proposed Mitigated Negative Declaration Draft Resolution PC 2004-0079 TPM 2004-0058 This page intentionally left blank ITEM NUMBER: DATE: 7/20/04 EXHIBIT B: Conditions of Approval Draft Resolution PC 2004-0079 TPM 2004-0058 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure TPM 2004-0058 (AT 03-0101) PM: Parcel Map GP: Grading Prmt PS: Planning Services BP: Building Pnmt BS: Building Services 2135 San Fernando Rd TO: Temporary FD: Fire Department Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer PI: Public Improvements WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Planning Services - Standard Planning Conditions 7 1. The approval of this application shall become final, subject to PM PS the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Parcel Map shall be valid for two PM PS years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the PM PS authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Parcel Map. 4. A parcel map drawn in substantial conformance with the PM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 5. The subdivider shall defend, indemnify, and hold harmless the Ongoing CA City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the subdivision. 6. The parcel map shall be subject to additional fees for park or PM PS recreation purposes (QUIMBY Act) as required by City Ordinance. Project Specific Conditions 7. The final map shall clearly identify the building envelope. No PM PS construction of structures of septic facilities may be located ITEM NUMBER: DATE: 7/20/04 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure TPM 2004-0058 (AT 03-0101) PM: Parcel Map GP: Grading Prmt PS: Planning Services BP: Building Prmt BS: Building Services 2135 San Fernando Rd TO: Temporary FD: Fire Department Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer PI: Public Improvements WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company outside of the approved building envelope. All provisions shall be reviewed by the Community Development Director and the City Attorney for approval, prior to recordation. 8. The final map shall clearly identify the driveway location BP PS consistent with EXHIBIT C. Any proposed changes to the driveway that result in impacts to additional native trees shall be reviewed in conformance with the Atascadero Native Tree Ordinance, subject to staff approval. 9. All future construction on Parcel 2 shall adhere to the hillside BP PS/BS grading policies as follows: A Cut and fill pads shall be allowed provided the following requirements can be met: ■ Natural slopes are under 30%. ■ Native tree impacts are minimal. ■ The cut pad is reasonable related to the size of the house footprint. ■ Newly graded flat yard areas are minimized. ■ Landscape and irrigation plans prepared by a licensed professional are provided for all resulting cut and fill slopes. Landscape plans should incorporate native drought tolerant trees, shrubs and g round covers (refer to City plant list). ■ Erosion control plans must be provided. B. The following guidelines apply to grading in proximity to native trees: ■ Stem wall house construction should be considered to save native trees. ■ Retaining walls should be incorporated into cut and fill slopes to avoid/minimize impacts to native trees. ■ Tree preservation mitigations measures must be developed by an arborist for all impacted trees. 10. Future construction shall adhere to the requirements of the BP PS Atascadero Native Tree Ordinance in regards to protection measures and removal mitigation. This project includes a request for tree removal based on the proposed building envelope with a maximum of 1625 inches dbh. Planning Commission review and approval for removal within the building envelope shall not be required. ITEM NUMBER: DATE: 7/20/04 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure TPM 2004-0058 (AT 03-0101) PM: Parcel Map GP: Grading Prmt PS: Planning Services BP: Building Prmt BS: Building Services 2135 San Fernando Rd TO: Temporary FD: Fire Department Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer PI: Public Improvements WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company 11. All utilities shall be placed underground in the area of the BP PS driveway in order to reduce trenching and potential impacts to native vegetation. 12. In accordance with the City's Subdivision Ordinance, the flag PM PS/CE portion of Lot 2 shall be a minimum 20 feet in width. 13. The driveway shall incorporate retaining walls to BP PS avoid/minimize impacts to adjacent native trees. 14. A reflectorized house number master sign shall be located at PM PS/CE the intersection of the street and accessway and individual reflectorized address signs shall be placed on the right-hand side of the driveway to each individual lot. Fire Marshal Standard Conditions 15. Residential fire sprinkler system required. BP FD 16. A dry standpipe installed to city standard is required. BP FD City Engineer Project Conditions 17. San Fernando Road shall be overlaid to the centerline plus 10 FM PW feet along the entire property frontage. 18. Improvements shall not obstruct existing drainage patterns. FM PW City Engineer Standard Conditions 19. All public improvements shall be constructed in conformance BP PW with the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 20. In the event that the applicant is allowed to bond for the public FM PW improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 21. An engineer's estimate of probable cost shall be submitted for FM PW review and approval by the City Engineer to determine the amount of the bond. ITEM NUMBER: DATE: 7/20/04 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure TPM 2004-0058 (AT 03-0101) PM: Parcel Map GP: Grading Prmt PS: Planning Services BP: Building Prmt BS: Building Services 2135 San Fernando Rd TO: Temporary FD: Fire Department Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer PI: Public Improvements WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company 22. The Subdivision Improvement Agreement shall record FM PW concurrently with the Final Map. 23. An encroachment permit shall be obtained prior to the BP PW issuance of building permit. 24. The applicant shall be responsible for the relocation and/or BP PW alteration of existing utilities. 25. The applicant shall install all new utilities (water, gas, electric, BP PW cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 26. The applicant shall monument all property corners for FM PW construction control and shall promptly replace them if disturbed. 27. The applicant shall acquire title interest in any off-site land that FM PW may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 28. Slope easements shall be provided as needed to FM PW accommodate cut of fill slopes. 29. Drainage easements shall be provided as needed to FM PW accommodate both public and private drainage facilities. 30. A preliminary subdivision guarantee shall be submitted for FM PW review in conjunction with the processing of the parcel map. 31. All existing and proposed utility, pipeline, open space, or other FM PW 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. 32. The final map shall be signed by the City Engineer prior to the FM PW map being placed on the agenda for City Council acceptance. ITEM NUMBER: DATE: 7/20/04 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure TPM 2004-0058 (AT 03-0101) PM: Parcel Map GP: Grading Prmt PS: Planning Services BP: Building Prmt BS: Building Services 2135 San Fernando Rd TO: Temporary FD: Fire Department Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer PI: Public Improvements WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company 33. Prior to recording the parcel map, the applicant shall submit a FM PW map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 34. Prior to recording the parcel map, the applicant shall set FM PW monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 35. Prior to recording the parcel map, the applicant shall pay all FM PW outstanding plan check/inspection fees. 36. Prior to recording the map, the applicant shall complete all FM PW improvements required by these conditions of approval. 37. Prior to recording the parcel map, the applicant shall have the FM PW map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 38. Upon recording the final map, the applicant shall provide the FM PW City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 39. Prior to the final inspection of any public improvements, the FM PW 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. 40. Prior to the final inspection, the applicant shall submit a written FM PW certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. Atascadero Mutual Water Company: ITEM NUMBER: DATE: 7/20/04 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure TPM 2004-0058 (AT 03-0101) PM: Parcel Map GP: Grading Prmt PS: Planning Services BP: Building Prmt BS: Building Services 2135 San Fernando Rd TO: Temporary FD: Fire Department Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer PI: Public Improvements WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Prior to recordation of the Final Map, the applicant shall submit plans PM AMWC showing the water distribution facilities required to serve the project for review and approval by the Atascadero Mutual Water Company. All new water distribution facilities shall be constructed in conformance with Atascadero Mutual Water Company standards. Prior to the recordation of the Final Map, the applicant shall obtain a PM AMWC "Will Serve" letter from the Atascadero Mutual Water Company. Prior to the issuance of building permits, the applicant shall pay all BP/GP AMWC installation and connection fees required by the Atascadero Mutual Water Company. All water distribution facilities shall be constructed in conformance with PM AMWC Atascadero Mutual Water Company standards, policies and approved procedures. All cross -connection devices shall be constructed in conformance with AWWA and Department of Health Services standards. Each newly created parcel will require separate water meters. PM AMWC Mitigation Measures Mitigation Measure 1.c.1: A landscape plan prepared by a qualified BP PS/BS 1.c.1 professional shall be submitted with future building permits should the home site design include any cut and fill slopes. All cut and fill slopes will be revegetated with native grasses, shrubs, and trees consistent with the surrounding vegetation. Mitigation Measure 1.c.2: Any retaining walls shall be constructed of BP PS/BS 1.c.2 dark color split face block or better and shall be designed to blend in with the existing terrain. Mitigation Measure 3.b.1 : The project shall be conditioned to comply BP PS/BS 3.b.1 with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in section 6.4 of the Air Quality Handbook. All site grading and demolition plans notes shall list the following regulations: 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, ITEM NUMBER: DATE: 7/20/04 Conditions of Approval / Mitigation Monitoring Program TPM 2004-0058 (AT 03-0101) 2135 San Fernando Rd Timing PM: Parcel Map GP: Grading Prmt BP: Building Prmt TO: Temporary Occupancy F0: Final Occupancy PI: Public Improvements Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Mitigation Measure 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. E. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast -germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil ITEM NUMBER: DATE: 7/20/04 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure TPM 2004-0058 (AT 03-0101) PM: Parcel Map GP: Grading Prmt PS: Planning Services BP: Building Prmt BS: Building Services 2135 San Fernando Rd TO: Temporary FD: Fire Department Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer PI: Public Improvements WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.e.1 : The building permit site plan shall identify all BP BS/PS 4.e.1 protection and enhancement measures recommended by a Certified Arborist in a Tree Protection Plan. Tree protection fencing shall be installed at the driplines of all native trees potentially effected by construction activities. Should construction activities encroach into the dripline of any native tree, monitoring by the project arborist shall be required. Mitigation Measure 4.e.2: Grading and excavation shall be consistent BP BS/PS 4.e.2 with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 5. All trees within the area of work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. ITEM NUMBER: DATE: 7/20/04 Conditions of Approval / Mitigation Monitoring Program TPM 2004-0058 (AT 03-0101) 2135 San Fernando Rd Timing PM: Parcel Map GP: Grading Prmt BP: Building Prmt TO: Temporary Occupancy F0: Final Occupancy PI: Public Improvements Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Mitigation Measure Mitigation Measure 4.e.3: The developer shall contract with a certified BP BS/PS 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 an arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. (c) As specified by the City staff: ■ Fencing: Must be a minimum of 4' high chain link, snow or safety fence staked at the drip -line or line of encroachment for each group of trees. The fence must be up before any construction or earth moving begins. The arborist(s) shall inspect the fence placement once it is erected. ■ Soil Aeration Methods: Soils under the drip -lines that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include water jetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with a 2-4" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist(s) shall advise. ■ Chip Mulch: All areas within the drip line of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction. ■ Trenching Within the Drip Line: All trenching under the drip lines of native trees shall be hand dug, augured or bored. All major roots shall be avoided whenever possible. All exposed roots larger than 1" in diameter shall be clean cut with a sharp pruning tool and not left ragged. Trenching will occur during septic line construction and water line construction. ■ Grading Within the Drip Line: Grading should not encroach within the drip line. If grading is necessary, construction of retaining walls or tree wells or other protection measures may be necessary to insure the survivability of the trees. Chip mulch 4-6" in depth may also be required in these areas. Grading should not disturb the normal drainage pattern ITEM NUMBER: DATE: 7/20/04 Conditions of Approval / Mitigation Monitoring Program TPM 2004-0058 (AT 03-0101) 2135 San Fernando Rd Timing PM: Parcel Map GP: Grading Prmt BP: Building Prmt TO: Temporary Occupancy F0: Final Occupancy PI: Public Improvements Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Mitigation Measure around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. ■ Exposed Roots: Any exposed roots shall be recovered the same day they were exposed. ■ Paving within the Drip Line: Pervious surfacing is preferred within the drip line of any oak tree. ■ Equipment Operation: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. ■ Existing Surfaces: The existing ground surface within the drip - line of all oak trees shall not be cut, filled, compacted, or pared. ■ Construction Materials and Waste: No liquid or solid construction waste shall be dumped on the ground within the drip -line of any oak tree. ■ Arborist Monitoring: An arborist shall be present for road and house grading, septic line/water trenching, and pre - construction fence placement. The monitoring does not necessarily have to be continuous but observational at times during the above activities. ■ Pre -Construction Meeting: An on-site pre -construction meeting with the Arborist(s), Owner, Planning Staff, and the earthy moving team shall be required for this project. Prior to final occupancy, a letter from the arborist(s) shall be required verifying the health/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall verify that the arborist(s) were on site for all grading and/or trenching activity that encroached into the drip line of the native trees, and that all work done in these areas was completed to the standards set forth above. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 4.e.4: All future development shall be located within GP/BP BS/PS 4.e.4 the approved building envelope as shown on the approved Tentative Map. A separate sheet shall be recorded with the final map delineating the extent of the buildable area. Any development proposed outside of the approved building envelope will require a Precise Plan application be submitted prior to the issuance of any building permit. ITEM NUMBER: DATE: 7/20/04 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure TPM 2004-0058 (AT 03-0101) PM: Parcel Map GP: Grading Prmt PS: Planning Services BP: Building Prmt BS: Building Services 2135 San Fernando Rd TO: Temporary FD: Fire Department Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer PI: Public Improvements WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Mitigation Measure 4.e.5: All native tree removals associated with GP/BP BS/PS 4.e.5 construction on proposed parcel 2 shall be mitigated for in accordance with the Atascadero native Tree Ordinance. Future construction proposals shall include design measures which minimize disturbance of the existing topography and avoid impacts to native trees. Mitigation Measure 6.b.1 : All disturbed areas shall be hydroseeded GP/BP BS/PS 6.b.1 with a native seed mix. Erosion control measures shall include an erosion control blanket for all 2:1 fill slopes. Affected areas that previously contained native shrubs and vegetation shall be replanted with similar plant species per an approved landscape plan. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked out on to San Fernando Road and/or the private access drive by construction vehicles. Mitigation Measure 6.c.d.1 : A soils report shall be required to be GP/BP BS/PS 6.c.d.1 submitted with a future building permit. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. The property contains no unusual geological formations. Mitigation Measure 6.e.1 : Percolation tests shall be required with the GP/BP BS/PS 6.e.1 submittal of any building permits for construction of a residence on Parcel 2. The proposed waste disposal system shall be reviewed and approved by the City engineer prior to the issuance of any building permit. Mitigation Measure 7.g.h.1 : Consistent with Fire Department standards, GP/BP BS/PS 7.g.h.1 any access way to a future residence on proposed Parcel 2 shall be no greater than 20% in slope at any point along the driveway. Mitigation Measure 11.d.1: All construction activities shall comply with GP/BP BS/PS/FD 11.d.1 the City of Atascadero Noise Ordinance for hours of operation. Mitigation Measure 15.d.1: Parcel 1 and 2 shall share access off of San GP/BP BS/PS/FD 15.d.1 Fernando Rd. All appropriate easements shall be recorded on the final map. ITEM NUMBER: 5 DATE: 7/20/04 EXHIBIT C: Tentative Parcel Map (AT 03-0101) Draft Resolution PC 2004-0079 TPM 2004-0058 ITEM NUMBER: DATE: 7/20/04 EXHIBIT D: Potential Tree Removal List Draft Resolution PC 2004-0079 TPM 2004-0058 Wilson Land Surveys 7.1,00 Wm) Roal. Awwidrru. CA Y:4'.2 Ptwxnc: (805) 466-2445 • Fax: (805) 466.0812 • Emad jamesma�ilsonl�nisurnys..rom PARCEL IAP AT 03-(1101 BUILDING ENVELOPE TREE LIST POINT v DIA 'INCHES DESC PRONGS S453 12 WO 3 5454 33 LO 4 5455 20 LO 2 5456 28 LO 3 5457 20 LO 2 5908 8 LO 5909 10 LO 5910 34 LO 7 5912 14 LO 3 5913 24 LO i $914 7 LO 5915 5 I.O 5916 12 LO 5917 18 LO 5944 15 LO 5945 15 'NO 5947 24 WO 3 5949 6 LO 5950 8 LO 5951 12 LO 2 5952 8 LO 5953 8 LO 5954 24 LO DEAD 5955 16 LO 3 5956 18 LO 4 5958 18 LO 2 5998 28 LO 7 6003 14 LO 6005 12 LO 6006 18 LO 6007 10 LO 6008 12 LO 6012 4 LO 6013 9 LO 6014 28 LO 6016 10 LO 6011 7 LO 6020 24 LO 2 6021 7 LO 6023 20 LO 6024 10 LO 2 6025 12 LO 6026 10 LO L 6027 15 LO ITEM NUMBER: DATE: 7/20/04 EXHIBIT D: Potential Tree Removal List Draft Resolution PC 2004-0079 TPM 2004-0058 6028 7 LO 6029 24 LO 6032 28 LO 6 6033 20 LO 6034 24 LO 6035 10 LO 6036 12 LO 6037 16 LO 2 6039 26 LO 6040 13 LO 2 6041 12 LO 6044 39 LO 6046 13 LO 6047 12 LO 6048 9 LO 6049 5 LO 6050 12 LO 2 6051 14 LO 6088 38 L O 5 6089 13 LO 6090 7 LO 6091 6 LO 6093 8 LO 6094 8 LO 6095 24 LO 4 6096 13 LO 2 609/ 16 LO 3 6098 12 LO 2 6099 8 LO 6100 13 LO 3 6101 16 LO 3 6102 24 LO 5 6103 9 LO 6104 8 LO 6105 7 LO 6106 6 LO 6101 7 LO 6108 14 LO 3 6109 13 1.0 2 6110 6 LO 6111 9 LO 6112 24 LO 2 6113 8 LO 6114 17 LO 2 6115 22 LO 2 6116 12 LO 2 6123 10 LO 6124 15 LO 6125 17 LO 6127 14 LO 2 6128 9 LO 6129 5 LO ITEM NUMBER: DATE: 7/20/04 EXHIBIT D: Potential Tree Removal List Draft Resolution PC 2004-0079 TPM 2004-0058 6130 22 LO 6131 12 L0 6132 8 LO 6133 24 LO 2 Wilson Land Surveys 7600 Morro Rood. Ataucadcro. CA 93422 Phone: (805) 4W.445 • tax: (805) 4M-0912 • Email: )ame,.nvu;w11xm1anl%urveys.com I'ARCEI_ MAP AT 03-0101 DRIVEWAY TREE LIST POINT # DIA INCHES DESC PRONGS 5337 15 LO 5937 12 WO 5943 7 LO 6058 12 LO 6148 6 WO 6177 19 LO 2 6178 16 LO 3 6181 24 LO 2 6182 24 LO 8 6184 18 LO 4 ITEM NUMBER: DATE: 7/20/04 ITEM NUMBER: 6 f DATE: 7/20/04 1 �L i-A'DlA Atascadero Planning Commission Staff Report — Community Development Department Tentative Tract Map 2004-0049 (Tract 2649) and Variance 2004-0003 6655 Tecorida Avenue (Graves/Wilson Land Surveys) RECOMMENDATION: The Planning Commission adopt Resolution PC 2004-0080 approving Tentative Tract Map 2004-0049 (Tract 2649), a request to establish four airspace units on one common lot, based on findings and subject to conditions and approving Variance 2004-0003, allowing for a reduction in the interior setbacks between Units 2 and 3 from 10 feet to 8 feet, based on findings. SITUATION AND FACTS: 1. Applicant/Owners: David Graves, 4155 Carrizo Road, Atascadero, CA 93422 2. Project Address: 6655 Tecorida Avenue, Atascadero, CA 93422 APN 030-292-005 3. General Plan Designation: Medium Density Multi -family Residential 4. Zoning District: Residential Multi -family, 10 (Maximum 10 du/ac) 5. Site Area: .67 acre (approximately 29,478 square feet) 6. Existing Use: Under development for four individual apartment units (Building permits 2002-1354-1357) 7. Environmental Status: Class 3 Categorical Exemption ITEM NUMBER: 6 DATE: 7/20/04 DISCUSSION: Background: The property fronts on Tecorida Avenue and is located east of San Andres Avenue. The site is located in an area of both multi and single-family residences, with commercial uses located across Tecorida Avenue to the west. The General Plan and Zoning designations are Multi -family Residential with a 10 unit per acre maximum. There are several native trees and an intermittent creek on the property. Slopes are slight to moderate, with a fairly flat area near Tecorida Avenue and rising at approximately 20% to the east for about 30 feet. This rise, along with the creek area, is as a natural divider between the guest parking lot and the living units. Currently, there are 4 residential units under construction and nearing completion. The units were permitted through the building permit process as a multi -family project of less than 12 units. City sewer will serve the property, and water is available from the Atascadero Mutual Water Company. ITEM NUMBER: 6 DATE: 7/20/04 Condominium Design: The proposed map will create four airspace units on one legal lot of record. Each unit will have a one -car garage and a small, private yard of approximately 300 square feet. There are four guest parking spaces located near the project entrance along Tecorida Avenue, on the east side of the creek. A bridge is under construction for access across the creek to the residential units. Visitor Parking Area I Tecorida Avenue :3 Elm r ' I � I Ad1EJ1� . • Curb, Gutter. Sidewalk i 1 , 1. #4111 1 I \ \ 7-11 OW40 Waterway area Drainage Basin The drainage system is composed of a series of pipes that will collect water from the higher elevations and direct the flow into a basin located in the southwest corner of the site. Staff is recommending a condition of approval for landscaping of the drainage basin (Condition 14). The subdivision is consistent with the General Plan Medium Density Residential Land Use Designation and with approval of the Variance, the project will conform to the Residential Multi -family Zoning regulations. Public Improvements: The project has been conditioned to improve Tecorida Avenue and construct concrete curb, gutter and sidewalk along the east side of the Tecorida Avenue frontage, meandering around the native sycamores and connecting to the existing sidewalk to the south (Conditions 39 and 40). In addition, the project has been Bridge' t , l l ' I 1 r ' 1 \ \ 7-11 OW40 Waterway area Drainage Basin The drainage system is composed of a series of pipes that will collect water from the higher elevations and direct the flow into a basin located in the southwest corner of the site. Staff is recommending a condition of approval for landscaping of the drainage basin (Condition 14). The subdivision is consistent with the General Plan Medium Density Residential Land Use Designation and with approval of the Variance, the project will conform to the Residential Multi -family Zoning regulations. Public Improvements: The project has been conditioned to improve Tecorida Avenue and construct concrete curb, gutter and sidewalk along the east side of the Tecorida Avenue frontage, meandering around the native sycamores and connecting to the existing sidewalk to the south (Conditions 39 and 40). In addition, the project has been ITEM NUMBER: 6 DATE: 7/20/04 conditioned to provide a public access easement for all portions of the required sidewalk that fall outside the public right-of-way (Condition 41). Variance Request: The applicant is requesting a variance of the required 10 -foot interior setback for residential units. The project plans, as originally approved for construction, showed a 10 -foot setback. However, during the construction of the retaining wall for the preservation of a 16 -inch White Oak, it was necessary to adjust the front portion of Unit 2, resulting in an 8 -foot setback. Environmental Review: The project as proposed qualifies for a Class 3 Categorical exemption which exempts from CEQA review the conversion and/or construction of multi -family projects of 4 units or less, which do not otherwise create a negative impact. Variance Analysis: //Iwo 03 Area maintaining required 10 -foot setback c ilmn � l 1 Modified Setback Area = 8 feet � 1 � \ 61Y1�5 1 De � l � i 1 low I � Y am o i 11 Z-3 1 1 1 iIX--M-Wakm mann Retaining wall and tree �M� root L t AAV � ^a►tro / `" 1 1 — — �.. .Y 31191 r r � I , Environmental Review: The project as proposed qualifies for a Class 3 Categorical exemption which exempts from CEQA review the conversion and/or construction of multi -family projects of 4 units or less, which do not otherwise create a negative impact. Variance Analysis: ITEM NUMBER: 6 DATE: 7/20/04 The Planning Commission must make the following findings: 1. The variance authorized does not constitute a grant of special privileges, inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated. Staff Comment: The project would remain consistent with General Plan and Zoning requirements for density, use, a nd public improvements. 2. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, and because of these circumstances, the application of this title would deprive the property of privileges enjoyed by other property in the vicinity and in the same zoning district. Staff Comment: The variance is being requested to allow for the preservation of a native tree, provide a site design that minimizes impacts to the creek and accommodates the existing topography. 3. The variance does not authorize a use that is not otherwise allowed in the zoning district. Staff Comment: The variance would not allow a use inconsistent with the zoning ordinance. 4. The granting of the variance does not, under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements. Staff Comment: The reduced interior setback would continue to be consistent with the intent of the zoning ordinance for setbacks and would meet the requirements of the building and fire codes. Approval of the variance would not establish a use that was not otherwise allowed, nor would the approval adversely affect the health or safety of the surrounding community. The 8 -foot setback appears to meet the intent of the Zoning Ordinance to provide for natural light, ventilation and privacy and continues to meet building and fire code requirements. Conclusion: The proposed condominium map and variance, as conditioned, are consistent with the 2002 General Plan and Zoning Ordinance and the airspace configurations are consistent with the requirements of the Subdivision Ordinance. Staff recommends the Planning Commission approve the Tentative Tract Map and Variance as conditioned. ITEM NUMBER: 6 DATE: 7/20/04 ALTERNATIVES: 1. The Commission may approve the project, subject to additional or revised project conditions. The Commission's motion to approve needs to include any new or revised project conditions. 2. The Commission may deny the project if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. PREPARED BY: Kerry Margason, Associate Planner ATTACHMENTS: Attachment 1 -- Location Map (General Plan & Zoning) Attachment 2 -- Draft Resolution PC 2004-0080 ITEM NUMBER: 6 DATE: 7/20/04 ATTACHMENT 1: Zoning Map TTM 2004-0049 AND VARIANCE 2004-0003 6655 Tecorida Avenue General Plan = MFR— 10 Zoning = RMF - 10 ITEM NUMBER: 6 DATE: 7/20/04 ATTACHMENT 2: Draft Resolution PC 2004-0080 TTM 2004-0049 AND VARIANCE 2004-0003 6655 Tecorida Avenue DRAFT RESOLUTION NO. PC 2004-0080 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING TENTATIVE TRACT MAP 2004-0049 (Tract 2649), ESTABLISHING FOUR AIRSPACE UNITS ON ONE COMMON LOT AND VARIANCE 2004-0003, MODIFYING INTERIOR SETBACK REQUIREMENTS AT 6655 Tecorida Avenue (Graves) WHEREAS, applications were received from David Graves, 4155 Carrizo Road, Atascadero, California 93422 (Owner/Applicant), for a Tentative Tract Map to establish four airspace units on one common lot and a Variance to modify required interior setbacks between units 2 and 3; and, WHEREAS, the proposed project has a General Plan Designation of Medium Density residential (MDR) and is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and, WHEREAS, the site is located in the Residential Multr family — 10 du/ac (RMF -10) Zoning District, which allows for the proposed use and density when certain findings are made; and, WHEREAS, a Categorical Exemption (Class 3(b)) was prepared for the project in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Tentative Tract Map application on June 20, 2004 at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public. NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for approval of condominium map The Planning Commission finds as follows: 1. The proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements. 3. The site is physically suitable for the density of development proposed. ITEM NUMBER: 6 DATE: 7/20/04 4. The design and improvement of the proposed map will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 5. The map is consistent with the character of the immediate neighborhood. 6. The design of the condominium map will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. The proposed condominium map design and type of improvements proposed will not came serious public health problems. 8. The proposed conversion will not displace a significant number of low-income or moderate -income households or senior citizens at a time when no equivalent housing is readily available in the City. SECTION 2. Findings for approval of variance. The Planning Commission finds as follows: I. The variance authorized does not constitute a grant of special privileges, inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated. 2. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, and because of these circumstances, the application of this title would deprive the property of privileges enjoyed by other property in the vicinity and in the same zoning district. 3. The variance does not authorize a use that is not otherwise allowed in the zoning district. 4. The granting of the variance does not, under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements. SECTION 3. Approval. The Planning Commission does hereby approve Tentative Tract Map 2004-0049 to establish four airspace units on one common lot, and Variance 2004- 0003, modifying interior setbacks for Units 2 and 3, subject to the following Conditions and Exhibits: EXHIBIT A: CEQA Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Teritative Tract Map 2004-0049 EXHIBIT D: Variance Site Plan ITEM NUMBER: 6 DATE: 7/20/04 On motion by Commissioner and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ADOPTED: ABSTAINED: CITY OF ATASCADERO, CA Bob Kelley Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary ITEM NUMBER: 6 DATE: 7/20/04 EXHIBIT A: Proposed Categorical Exemption TTM 2004-0049 AND VARIANCE 2004-0003 Finding of Exemption TO: ® File Date Received for Filing ❑ Office of Planning and Research 1400 Tenth Street Sacramento, CA 95814 FROM: City of Atascadero Community Development Department 6905 EI Camino Real, Suite 6 Atascadero, CA 93422 SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code Project Title: Tentative Tract Map 2004-0049 and Variance 2004-0003: David Graves Project Location (Include County) 6655 Tecorida Avenue Atascadero, CA 93422 (San Luis Obispo County) Project Description The project will create 4 airspace units allowing individual sale and ownership of four detached units within a multi- family project with modified interior setbacks between units 2 and 3. Name of Public Agency Approving Project: City of Atascadero Name of Person or Agency Carrying Out Project: David Graves, 4155 Carrizo Road, Atascadero, CA 93422 Exempt Status: ❑ Ministerial (Sec. 21080 (b)(1); 15268) ❑ Declared Emergency (Sec. 21080(b)(3); 15269(a)) ❑ Emergency Project (Sec.21080 (b)(4); 15269(b)(c)) ® Categorical Exemption (Sec. 15303, construction or conversion of small structures) Reasons why project is exempt: Class 3(b) of the California Environmental Quality Act (CEQA) (Section 15303) exempts the conversion and/or construction of small structures including multi -family projects of less than 4 units and which do not otherwise create a negative impact. Date: July 20, 2004 Kerry Margason Associate Planner CONTACT PERSON: WARREN FRACE, COMMUNITYDEVELOPMENT DIRECTOR, CITY OF ATASCADERO 805.461.5000 ITEM NUMBER: 6 DATE: 7/20/04 EXHIBIT B: Conditions of Approval /Mitigation Monitoring TTM 2004-0049 AND VARIANCE 2004-0003 Conditions of Approval Timing Responsibility Mitigation TTM 2004.0049 AND VARIANCE 2004-0003 /Monitoring Measure PS: Planning Services Address: 6655 Tecorida Avenue BL: Business License GP: Grading Permit BS: Building vices FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Standard Planning Conditions 1. The approval of this application shall become final, subject to PM PS the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Tract Map shall be valid for two PM PS years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the PM PS authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Tract Map. 4. A final map drawn in substantial conformance with the PM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 5. The subdivider shall defend, indemnify, and hold harmless Ongoing CA the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 6. The final map shall be subject to additional fees for park or PM PS recreation purposes (QUIMBY Act) as required by City Ordinance. Project Planning Conditions 7. Prior to final map, the applicant shall submit CC&R's for FM PS/Pw review and approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a. Exclusive use easements for the private yard areas. ITEM NUMBER: 6 DATE: 7/20/04 Conditions of Approval Timing Responsibility Mitigation TTM 20040049 AND VARIANCE 20040003 /Monitoring Measure PS: Planning Services Address: 6655 Tecorida Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy b. Provisions for maintenance of all common areas including access, parking, street trees, any fencing and landscaping. C. A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. d. A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. 8. This map shall be for the approval of airspace units only. The FM PS final map shall show one common lot and four airspace units. 9. Should the units be constructed and rented prior to the FM PS recordation of the final map, all requirements set forth in Government Code Section 66427.1 shall be met. 10. All construction and development shall be consistent with the FM PS/BS approved plans, approved by the Community Development Department. 11. The maximum percent of coverage for the lot, excluding FO PS decks less than 30 inches from the ground, shall be 50%. 12. Each unit will be provided 100 square feet of enclosed FO PS/BS storage space, exclusive of closets. 13. Each unit shall have individual trash storage space, screened FO PS/BS from view by landscaping or enclosed within the garage area. 14. All drainage basins shall be landscaped. A landscape plan FO PS shall be submitted to the Community Development Department for review and approval, prior to recordation of the final map and prior to installation of any landscaping. City Engineer Standard Conditions 15. All public improvements shall be constructed in conformance FM/FO PW with the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. ITEM NUMBER: 6 DATE: 7/20/04 Conditions of Approval TTM 20040049 AND VARIANCE 2004-0003 Address: 6655 Tecorida Avenue 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 16. In the event that the applicant is allowed to bond for the public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 17. An engineer's estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. 18. The Subdivision Improvement Agreement shall record concurrently with the Final Map. 19. An encroachment permit shall be obtained prior to the issuance of building permit. 20. The applicant shall enter into a Plan Check/Inspection agreement with the City. 21. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to the Tecorida Ave property frontage. 22. The applicant shall be responsible for the relocation and/or alteration of existing utilities. 23. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 24. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 25. The applicant shall acquire title interest in any off-site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 26. Slope easements shall be provided as needed to accommodate cut of fill slopes. 27. Drainage easements shall be provided as needed to accommodate both public and private drainage facilites. 28. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the Tract map. ITEM NUMBER: 6 DATE: 7/20/04 Conditions of Approval TTM 20040049 AND VARIANCE 20040003 Address: 6655 Tecorida Avenue 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 29. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. The applicant shall show all access restrictions on the final map. 30. The final map shall be signed by the City Engineer prior to the map being placed on the agenda for City Council acceptance. 31. Prior to recording the Tract map, the applicant shall submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The final map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 32. Prior to recording the Tract map, the applicant shall set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the Tract 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. 33. Prior to recording the Tract map, the applicant shall pay all outstanding plan check/inspection fees. 34. Prior to recording the map, the applicant shall complete all improvements required by these conditions of approval. 35. Prior to recording the Tract map, the applicant shall have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the Tract map. 36. Upon recording the final map, the applicant shall provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 37. Prior to the final inspection of any public improvements, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. ITEM NUMBER: 6 DATE: 7/20/04 Conditions of Approval Timing Responsibility Mitigation TTM 20040049 AND VARIANCE 2004-0003 /Monitoring Measure PS: Planning Services Address: 6655 Tecorida Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 38. Prior to the final inspection, the applicant shall submit a written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. City Engineer Project Conditions 39. This project is required to pave Tecorida Ave, with concrete FM PW Curb, Gutter, and Sidewalk on the east side, from the end of the existing paving on the south side of the project to the north property line, to provide for orderly development and traffic circulation. 40. Frontage improvements required are concrete curb, gutter FM PW and sidewalk on the east side of Tecorida Ave, meandering around the native Sycamore trees as shown on Exhibit C attached hereto, and concrete drive approach at the driveway to allow the drainage to be conveyed down Tecorida. 41. Prior to recordation of the final map, the applicant shall provide a public access easement along all portions of the sidewalk that fall outside the public right-of-way. 42. A bridge will be placed within the driveway, across the creek FM PW area for access to the residential units. Atascadero Mutual Water Company Project Conditions 43. Before recordation of the final map, the applicant shall FM AMWC submit plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All new water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross -connection devices shall conform to AWWA and California Department of Health Services standards. 44. 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 into a "deferred connection" agreement. 45. Before issuance of building permits, the applicant shall obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. ITEM NUMBER: 6 DATE: 7/20/04 Conditions of Approval Timing Responsibility Mitigation TTM 20040049 AND VARIANCE 2004-0003 /Monitoring Measure PS: Planning Services Address: 6655 Tecorida Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 46. The applicant shall obtain a separate landscape -irrigation meter from AMWC for the common areas within the project. Landscaping for common areas shall be drought -tolerant. The landscaping for common areas shall conform to the mitigation measures noted in Table II -7, Hydrology and Water Quality, of the General Plan 2025. The applicant shall keep the use of turf grass in common area landscaping and in other areas to a minimum. 47. Before construction of the water system improvements, AMWC shall review and approve the landscape plans for the common areas within the project. 48. The applicant is responsible for designing and constructing water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. EXHIBIT C: Tentative Tract Map TTM 2004-0049 AND VARIANCE 2004-0003 'r T -r-- 1112 Q11 V y �.ew•••.n...q R I `�1111� t�^111i1 s 3�� +�►. i 14 i ` ITEM NUMBER: 6 DATE: 7/20/04 ITEM NUMBER: 6 DATE: 7/20/04 EXHIBIT D: VARIANCE SITE PLAN TTM 2004-0049 AND VARIANCE 2004-0003 ITEM NUMBER: 7 DATE: 07/20/04 Atascadero Planning Commission Staff Report - Community Development Department Tree Removal Permit TRP 2004-0053 (3858 Orillas Way: Quigley) SUBJECT: Request to remove three (3) Live Oak trees, one of which is over 24 -inches in diameter, in conjunction with the development of a 2,380 square -foot single family home with an attached 800 square foot garage located at 3858 Orillas Way. RECOMMENDATION: Staff recommends: The Planning Commission adopt Resolution PC 2004-0084 to approve the request to remove three native oak trees subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance. Situation and Facts: 1. Applicant: Robert Quigley, 7805 Santa Ynez Avenue, Atascadero, CA 93422 2. Representative: Robert Quigley, 7805 Santa Ynez Avenue, Atascadero, CA 93422 3. Certified Arborist: Steven G. Alvarez, 1615 Lupine Lane, Templeton, CA 93465 4. Project Address: 3858 Orillas Way Atascadero, CA 93422 APN 049-033-046 07-20-04 TRP 2004-0053 Orillas Way.PC-SR ITEM NUMBER: 7 DATE: 07/20/04 -3 The project site contains seven (7) Live Oak trees that, according to the arborist, vary from poor to fair condition on an approximately 0.2 acre lot. The applicant plans to build a 2,380 square foot single-family residence with an attached 800 square foot garage and remove three (3) Live Oak trees ranging from 48" dbh, 17" dbh, and 12" dbh. Three Live Oak trees will be impacted by onsite grading and construction and will require tree protective fencing. Tree #4 will be impacted 50% and will be subject to a mitigation deposit (Exhibit A, Condition 3). The City of Atascadero's Tree Ordinance requires that mitigation for native tree removals be implemented as a condition of approval. Staff is recommending that the applicant replant trees or pay into the tree replacement fund to mitigate removal of the trees. The proposed mitigation is shown in the following table. 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 below stated following findings must be made. Staff has identified finding #5 as appropriate for the application request. 1) The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist; 2) The tree is crowded by other healthier native trees, thinning (removal) would promote healthier growth in the trees to remain, as certified by a tree condition report from an Arborist; 3) The tree is interfering with existing utilities and/or structures, as certified by a report from the Site Planner; 4) The tree is inhibiting sunlight needed for existing and/or proposed active or passive solar heating or cooling, as certified by a report from the Site Planner; 07-20-04 TRP 2004-0053 Orillas Way.PC-SR NONDECIDUOUS NATIVE TREE REMOVAL INCHES TYPE CONDITION LOCATION 1. 48" LIVE OAK POOR/FAIR 3858 ORILLAS 2. 17" LIVE OAK POOR 3. 12" LIVE OAK POOR TOTAL = 77" PLANT FOUR (4) FIFTEEN GALLON AND ONE (1) FIVE GALLON LIVE OAK TREES OR PAY $641.67 INTO TREE MITIGATION FUND 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 below stated following findings must be made. Staff has identified finding #5 as appropriate for the application request. 1) The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist; 2) The tree is crowded by other healthier native trees, thinning (removal) would promote healthier growth in the trees to remain, as certified by a tree condition report from an Arborist; 3) The tree is interfering with existing utilities and/or structures, as certified by a report from the Site Planner; 4) The tree is inhibiting sunlight needed for existing and/or proposed active or passive solar heating or cooling, as certified by a report from the Site Planner; 07-20-04 TRP 2004-0053 Orillas Way.PC-SR ITEM NUMBER: 7 DATE: 07/20/04 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. .� 101eal &IX'J, The applicant has submitted a tree protection plan with arborist notation. The trees have been determined to be obstructing proposed improvements and in poor to fair health. PREPARED BY: Lisa Wilkinson, Assistant Planner ATTACHMENTS: Attachment 1: Aerial Photo Attachment 2: Draft Resolution PC 2004-0084 Exhibit A: Conditions of Approval Exhibit B: Arborist Letter Exhibit C: Tree Protection Plan 07-20-04 TRP 2004-0053 Orillas Way.PC-SR ITEM NUMBER: 7 DATE: 07/20/04 Attachment 1: Aerial Project Site vi 07-20-04 TRP 2004-0053 Orillas Way.PC-SR ITEM NUMBER: 7 DATE: 07/20/04 Attachment 2: Draft Resolution PC 2004-0084 Tree Removal - TRP 2004-0053 DRAFT RESOLUTION PC 2004-0084 A RESOLUTION OF THE PLANNING COMMISSION OF ATASCADERO APPROVING A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL OF THREE NATIVE OAK TREES LOCATED AT 3858 ORILLAS WAY. (TRP 2004-0053/Quigley) WHEREAS, an application for a Tree Removal Permit has been received from, Robert Quigley, 7805 Santa Ynez Ave., CA 93422, to allow the removal of three native oak trees located at 3858 Orillas Way; and, WHEREAS, the proposed project is located within the Single Family Residential land use designation of the City of Atascadero's General Plan Land Use Diagram; and, WHEREAS, the proposed project is located in the Residential Single Family X (RESF-X) zoning district; and, WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on July 20, 2004, at 7:00 p.m. at 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: 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; and, 07-20-04 TRP 2004-0053 Orillas Way.PC-SR ITEM NUMBER: 7 DATE: 07/20/04 SECTION 2. Approval. The Planning Commission hereby approves Tree Removal Permit 2004-0053 subject to the following Conditions and Exhibits: Exhibit A: Conditions of Approval Exhibit B: Arborist Letter Exhibit C: Tree Protection Plan 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: ( ) CITY OF ATASCADERO, CA Bob Kelley Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary 07-20-04 TRP 2004-0053 Orillas Way.PC-SR ITEM NUMBER: DATE: 07/20/04 Exhibit A: Conditions of Approval Tree Removal - TRP 2004-0053 Conditions of Approval Timing Responsibility Mitigation TRP 2004-0053 /Monitoring Measure PR: Prior to Removal BL: Business License PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy FD: Fire Department F0: Final Occupancy PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. The applicant shall pay $641.67 into the tree fund as PR PS mitigation for the tree removal or plant four (4) 15 gallon and one five (5) gallon native Live Oak trees, or equivalent. 2. Replacement trees shall be monitored for a 1 -year FO PS period and maintained as specified by a certified arborist to insure the trees become established. 3. A mitigation deposit shall be collected for Tree #4 in BP or GP and PS/Arborist the amount of $283.33. The deposit will be refunded FO to the applicant if the tree is in equivalent health prior to final occupancy, and verified by a letter from the project arborist. Evergreen Native Trees (inches) Totals dbh notes 1 48 -inches 2 17 -inches 3 12 -inches Total 77 -inches 77 -inches Mitigation Requirement Tree replacements: 13 five gal trees or equivalent Tree Fund Payment: $ 641.67 $ 641.67 07-20-04 TRP 2004-0053 Orillas Way.PC-SR ITEM NUMBER: 7 DATE: 07/20/04 Exhibit 13: Arborist Letter Tree Removal - TRP 20040053 Steven G. Alvaro Arborisl 1615 Lupine Lazne Templeton, CA. 93465 (805) 431-2591 June 17, 2004 Mr. Robert (Quigley 7805 Santa YnC7 Road Atascadero. CA 93422 Re: Addendum tier drainage impact to remaining oak trees for lot 8 tract 2317. The native soil on this development has a high percent of sand allowing excess water to leach Through the soil profile quickly I)0 to this soil condition the resulting drainage: impect to the remaining. txik Inks for this lot development can be evaluated as having little to no impact, Please let me know if l can be of any future assistance to you for this project. Steven G. Alvarez Cer if icd Arborist �i WC -051 1 RECEIVED JUL 1 &64 COMMUNITY DEVEI.OP4tENT 07-20-04 TRP 2004-0053 Orillas Way.PC-SR Exhibit C: Tree Protection Plan Tree Removal - TRP 2004-0053 Ri(ii LL. Kl1 •YL X s:.. ITEM NUMBER: 7 DATE: 07/20/04 R7C 07-20-04 TRP 2004-0053 Orillas Way.PC-SR