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HomeMy WebLinkAboutPC_2004-08-03_AgendaPacketCITY OFATASCADERO PLANNING COMMISSION AGENDA Regular Meeting August 3, 2004 — 7:00 P.M. City of Atascadero Pavilion on the Lake 9315 Pismo Ave. - Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Kelley Vice Chairperson Jones Commissioner Fonzi Commissioner Peterson Commissioner Beraud Commissioner O'Keefe Commissioner Porter APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda) CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non -controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions) 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JULY 20, 2004. 2. ACCEPTANCE OF FINAL MAP 2003-0066: 2955 CHICO RD. 3. ACCEPTANCE OF FINAL MAP 2004-0078: 9055 LA CANADA. COMMUNITY DEVELOPMENT STAFF REPORTS 4. TREE REMOVAL PERMIT 2004-0051:1240 EL CAMINO REAL Applicant: Lixia Zhang, 1240 EI Camino Real, Atascadero, CA 93422 Project Title: Tree Removal Permit 2004-0051 Project 1240 EI Camino Real, APN# 049-093-017 Location: Project Request to remove one (1) White Oak tree over 24 -inches in diameter located at 1240 EI Description: Camino Real. 5. TREE REMOVAL PERMIT 2004-0055: 5215 MERCEDES AVE Applicant: Jesse and Misha Woodard, 5477 Capistrano Avenue, Atascadero, CA 93422 Project Title: Tree Removal Permit #2004-0055 Project 5215 Mercedes Avenue, APN# 028-215-016 Location: Project Request to remove eight (8) native trees, one of which is over 24 -inches in diameter, in Description- conjunction with the development of a 2,851 square -foot single family residence with an attached 612 square foot garage located at 5215 Mercedes Avenue. 6. TREE REMOVAL PERMIT 2004-0056: 8335 SAN MARCOS ROAD Applicant: Charles and Patricia Bart, 15709 N.W. Rondos Drive, Portland, OR 97229 Project Title: Tree Removal Permit 2004-0056 Project 8335 San Marcos Road, APN# 031-211-008 Location: Project Request to remove six (6) Live Oak trees, three of which are over 24 -inches in diameter, in Description: conjunction with the development of a 2,422 square -foot single family residence with a detached 800 square foot garage located at 8335 San Marcos Road. 7. TREE REMOVAL PERMIT 2004-0054:4110 TRAFFIC WAY Applicant: Marilyn Fkiaras, 5304 Elmhurst Street, Ventura, CA 93003 Project Title: Tree Removal Permit 2004-0054 Project 4110 Traffic Way, APN# 049-033-010 Location: 7500 Navajoa Ave., Atascadero, CA 93422 Project Request to remove seven (7) Live Oak trees, two of which are over 24 -inches in diameter, in Description: conjunction with the development of a 1,888 square -foot single family residence with an Description: attached 567 square foot garage located at 4110 Traffic Way. Access is proposed off of Seperado Avenue. 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).) 8. PD -7 ZONE CHANGE 2003-0047, CONDITIONAL USE PERMIT 2003-0097; TENTATIVE PARCEL MAP 2004-0061: 7500 NAVAJOA AVE. Applicant: Lynne Higgins, 7500 Navajoa Ave., Atascadero, CA 93422 Project Title: PD -7; Zone Change 2003-0047, Conditional Use Permit 2003-0097; Tentative Parcel Map 2003- 0061 for a 4 -lot PD -7 subdivision. Project 7500 Navajoa Ave., Atascadero, CA 93422 Location: (San Luis Obispo County) APN 031-152-003 Project The proposed project consists of an application for a Zone Change, Conditional Use Permit, and Description: Tentative Tract Map. The proposed project consists of four new single-family homes located on individual lots that will be developed under the requirements of the PD -7 overlay district within the Residential Multi -Family (RMF -10) zoning district. The project includes one home per lot each with a two -car garage and a single guest parking space. No native trees will be removed. General Plan Designation: Medium Density Residential — MDR Zoning District: Residential Multiple Family— RMF -10 Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. Environmental The proposed Mitigated Negative Declaration is available for public review from 6/15/04 through Determination: 8/3/04 at 6905 El Camino Real #6, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on August 17, 2004, at the Pavilion on the Lake, 9315 Pismo Avenue, Atascadero. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to this public hearing. City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m., at the Pavilion on the Lake, 9315 Pismo Ave., Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall Annex business hours at the Community Development counter and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-5000, or the City Clerk's Office, (805) 461-5000. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Commission regarding the matter being considered to step up to the podium. If you wish to speak for, against or comment in any way: • You must approach the podium and be recognized by the Chairperson • Give your name and address (not required) • Make your statement • All comments should be made to the Chairperson and Commission • All comments limited to 5 minutes (unless changed by the Commission) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at least 24 hours prior to the meeting. Access to hook up your laptop to the City's projector will be provided. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Chairperson before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "PUBLIC HEARINGS", the Chairperson will call for anyone from the audience having business with the Commission to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Commission's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Commission). ITEM NUMBER: 2 DATE: 8/3/04 Planning Commission Staff R eport Acceptance of Final Map 2003-0066 Parcel Map AT 02-391 (TPM 2003-0047) 2955 Chico Road Midland Pacific / Wilson 1.1 DE .91 I►/ 101►107_1111 to) L' Staff Recommends: Planning Commission accept Final Map 2003-0066 (Parcel Map AT 02-391) DISCUSSION: On October 13, 2003 the City Council adopted Resolution No. 2003-054 approving Tentative Parcel Map 2003-0047 (Parcel Map AT 02-391), a request to subdivide one parcel totaling 2.68 acres into three parcels, based on findings and conditions. According to Section 11-4.42 of the Municipal Code, the Planning Commission is the advisory agency charged with approval of all final maps without dedications. No offers of dedication have been made with this map. Staff has determined that the final map is consistent with approved Tentative Parcel Map. ATTACHMENTS: Exhibit A: Final Map 2003-0066 (Parcel Map AT 02-391) ITEM NUMBER: 2 DATE: 8/3/04 Exhibit A Final Map 2003-0066 (Parcel Map AT 02-391) 2955 Chico Road Midland Pacific / Wilson 14 I 0--D�t' CL !4 0 V it -4, g al 9L Orb PASEO lip 11 *d I ITEM NUMBER: 3 DATE: 8/3/04 Planning Commission Staff R eport Acceptance of Final Map 2004-0078 Parcel Map AT 03-0161 (TPM 2003-0046) 9055 La Canada Nelson / Stewart 1.7xK�7►l 1►l I �1►117_r 11 [�]a Staff Recommends: Planning Commission accept Final Map 2004-0078 (Parcel Map AT 03-0161) DISCUSSION: On March 2, 2004 the Planning Commission adopted Resolution No. PC 2003-0116 approving Tentative Parcel Map 2003-0046 (ParcelMap AT 03-0161), a request to subdivide one parcel totaling 7.82 acres into two parcels of 4.62 and 3.60 acres, gross, each, based on findings and conditions. According to Section 11-4.42 of the Municipal Code, the Planning Commission is the advisory agency charged with approval of all final maps without dedications. No offers of dedication have been made with this map. Staff has determined that the final map is consistent with approved Tentative Parcel Map. ATTACHMENTS: Exhibit A: Final Map 2004-0078 (Parcel Map AT 03-0161) Exhibit A Final Map 2004-0078 (Parcel Map AT 03-0161) 9055 La Canada Nelson / Stewart 2 5� l 4 ITEM NUMBER: 3 DATE: 8/3/04 cel Y�lf�� QQ l 4 ITEM NUMBER: 3 DATE: 8/3/04 CALL TO ORDER CITY OF ATASCADERO PLANNING COMMISSION MINUTES Regular Meeting July 20, 2004 — 5:30 P.M. Chairperson Kelley called the meeting to order at 5:31 p.m. and Commissioner Peterson led the Pledge of Allegiance. Present: Commissioners Beraud, Fonzi, O'Keefe, Peterson, Porter, Jones and Chairperson Kelley. Absent: None Others Present: Community Development Director Warren Frace, Public Works Director Steve Kahn, Deputy Community Development Director Steve McHarris, Deputy Public Works Director Jeff van den Eikoff, Associate Planner Kelly Gleason, Assistant Planner Lisa Wilkinson and Recording Secretary Grace Pucci. APPROVAL OF AGENDA MOTION: By Commissioner Fonzi and seconded by Commissioner O'Keefe to approve the agenda. Motion passed 7:0 by a roll -call vote. PUBLIC COMMENT Eric Greening asked whether the City Council would be having the second reading on the Second Unit Amendment one week from today, and if so this would be the last chance to ask for additional information or communicate thoughts to the City Council. PUBLIC HEARINGS 1. PROPOSED MITIGATED NEGATIVE DECLARATION FOR ZONE CHANGE 2003-0049, DOVE CREEK Applicant: Bermant Development Company, 5383 Hollister Avenue, Suite 150, Santa Barbara, CA Concerned with traffic on Santa Barbara Road. Difficult to leave residential driveway and get on to main street. Would like to see a center lane for left turns. 93111, Phone: 964-7200 Project Title: Environmental Document for Dove Creek Mixed -Use Development, (Zone Change 2003- 0049, Conditional Use Permit 2003-0099, Tentative Tract Map 2003-0033) a single-family residential/commercial center/open space development. Project Location: Santa Barbara Road and EI Camino Real, Atascadero, CA 93422 (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. Project Environmental Documentation review for a project consisting of 282 residential dwelling Description: units in a variety of styles and densities, approximately 60,000 square feet of neighborhood commercial uses, and 19.2 acres of natural open space. 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. Deputy Community Services Director Steve McHarris gave the staff report and answered questions of the Commission. Bruce Buckingham, Bermant Development, applicant, introduced John Knight, who would be giving tonight's presentation. John Knight, RRM Design Group, project manager, made a presentation on the project and answered questions of the Commission. Chris Vardas, Padre Associates, Inc., hired by the City of Atascadero to do the initial environmental study of the project, gave an overview of the impacts and answered questions of the Commission. PUBLIC COMMENT Kathy Oldridge 1 Concerned with traffic on Santa Barbara Road. Difficult to leave residential driveway and get on to main street. Would like to see a center lane for left turns. 2 Drainage is an issue, because of flood plain she sees flooding of the project area. Kathy Oldridge (cont.) 3 Would like to know what sort of problems were addressed in the planning stages for the people who live in the neighborhood. What are benefits to people in neighborhood who like rural atmosphere and larger lots. 4 Concerned about impacts to real estate values. Eric Greening 1 Questioned the appropriateness of this use of tiering and the precedent that it will set. Some assumptions about air quality made at the time of the General Plan Update may have changed. 2 Thankful for the pedestrian circulation, trails and walkways, etc. 3 Supportive of the 50 foot trail setback from the creeks and questioned if all development, exclusive of bridges, incorporates a set back of at least 35 feet to comply with the interim agreement with ECOSLO. 4 There is a need for safe pedestrian circulation from both ends of this project to Viejo Camino. 5 Local bus service: there is the possibility of some changes in relation to the Atascadero bus, which may be merged with the smaller Paso Robles buses to form a continuous service that could potentially loop through the area of this project. Would be good for City and applicant to be part of the dialogue on transit integration. Tina Salter 1 Concerned about the traffic signals. Would like to make sure that the signals, especially the ones at EI Camino Real and Santa Barbara are in before this project is complete or when the Woodridge project goes through. 2 Would like City to consider widening the overpass at Santa Barbara Road. 3 Questioned what type of retail was planned in the commercial area. 4 Access on San Antonio Road must be considered. Daniel Neeley 1 Concerned with the downstream effects of the flood plain. Dan McCauley 1 Represented the Atascadero Firefighters, addressed the negative fiscal impacts of residential growth on City services and their concern that the City is loosing a significant amount of area for commercial development, which has potential to enhance City revenues. Chairperson Kelley closed the Public Comment period. Commissioner Comments: Beraud 1 Landscape Plan: Encourage use of native trees for street trees, and common open space areas. 2 Riparian Corridors & Open Space Areas: Encourage that only native species be incorporated into enhancement areas. 3 General Concern: Though this is a very well planned out and beautiful project, concerned with loss of commercial in area. 4 Would like to see map that shows change in elevation from what the finished grade is versus the initial grade especially in regard to the knoll in the corner of the commercial center. Porter 1 Puts his faith in expertise of Padre and Associates and stands by their findings. 2 Overall Project: questioned the future potential for the Village Center (commercial section) to be broken down into individual, for sale parcels similar to phase 2 of the outlet center. Concerned this may result in different ownership of parcels creating disagreement in relation to overall master plan. O'Keefe 1 Regarding Commercial: Integrity of Master Plan very important, need specific detail on requirements. 2 Parking: Important that location of parking behind the commercial/retail development be incorporated into Master Plan. O'Keefe 3 Should be phasing of project, i.e. after phase one and two of the residential, (cont.) applicant be required to proceed with commercial. 4 Size is adequate given constraints of the property, but important that commercial be developed. 5 Landscaping: Problem with some of native plants selected, i.e. coyote bush requires a lot of maintenance, no manzanitas in plan which is one of best looking plants for hot areas and once established very little maintenance required. Suggest looking carefully at native plant list to select appropriate plants for area. 6 Plan for graveyard is important. 7 Interpretive signing and fencing for riparian areas: would like assurance that these will be maintained for the longevity of the project. Build into the homeowners association. 8 Fiscal Analysis: questioned why there was no fiscal analysis on this project at this time. Jones 1 Agreed with Commissioner O'Keefe's comments regarding planning. 2 Riparian area: Agreed with Commissioner O'Keefe's comments and hopes the homeowners association does cover that. 3 Concerned with downstream flood plain. Fonzi 1 Traffic study: Property directly east of project is not developed as residential, but rather preschools, churches, etc. and this was not covered in plan. Could not find terminus of existing driveways and is concerned with church traffic on Sundays. Consideration should be given to the placement of the driveways coming out of Dove Creek in relation to the existing driveways. 2 Traffic study didn't take place on a weekend when main traffic from church could be studied, or early morning/evening when preschool traffic could be studied. Fonzi 3 Terminology in report especially archeological portion is sometimes confusing, i.e. (cont.) BP dating. 4 Potential Earthquake Problems: Concerned about liquefaction and would like to see supporting documentation in report. Chairperson Kelley asked for a written report of the comments made on this project to be forwarded to the Commission for review before they go forward. Chairperson Kelley recessed the meeting at 6:53 p.m. Chairperson Kelley called the meeting back to order at 7:07 p.m. 5 Concern with mitigation given property is to be 'over -excavated", not sure what this means and how this may help/effect the liquefaction issue. 6 Entire area overlaid with a flood hazard zone. Would like more information as to how a flood hazard designation would be addressed and what the consequences of this designation might be to the future homeowners and to the City. 7 Appearance of sound walls: questioned how walls and landscaping would be maintained. Does not feel the sound walls are particularly attractive, would like to see them more visually interesting. 8 Concerned that Village Center will not be phased into the project. Would like phasing addressed in the report and be part of the overall plan for the project. 9 Safe pedestrian access to Viejo Camino is very important. Various projects going in along Santa Barbara Road should be integrated with crosswalks, etc., and addressed at this time as part of the Neg. Dec. 10 Would like more information about how the flood plain would effect residents downstream. Peterson 1 EI Camino Real center median: Concerned with what will go under the trees, would not like to see rocks and concrete. One of first entrances to City and it should be enhanced. Kelley 1 Pocket Parks: Would like to see a play structure in each pocket park. 2 Emergency Services: Would like to see a mechanism in place to pay for additional police and fire services, i.e. Mello -Roos, etc. 3 Should address what the roofline will look like for the commercial center if it will be below the street level. Chairperson Kelley asked for a written report of the comments made on this project to be forwarded to the Commission for review before they go forward. Chairperson Kelley recessed the meeting at 6:53 p.m. Chairperson Kelley called the meeting back to order at 7:07 p.m. Regular Planning Commission Items PUBLIC COMENT None CONSENT CALENDAR 2. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JULY 6, 2004. MOTION: By Commissioner Porter and seconded by Commissioner Beraud to approve the Minutes of the Regular Planning Commission meeting on July 6, 2004. Motion passed 6:0 by a roll -call vote. (Peterson abstained) 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 Location: 9030 San Gabriel Road, Atascadero, CA 93422 (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 Proposed Statutory Exemption CEQA Environmental Article 18 Section 15274 Determination: Family Day Care Homes Assistant Planner Lisa Wilkinson gave the staff report and answered questions of the Commission. PUBLIC COMMENT Chris Doolin, applicant, explained what the process is to become a licensed day care provider and stated her goals for this project. Milton Sarde stated his concerns with traffic resulting from this project. He would like to see this in a commercial not residential area. Rosemary Sarde expressed her concerns regarding the project and stated she objects to a commercial business in a residential area. Kenneth Scotland stated he was concerned about the noise generated by the children in the center and that he objects to having a business in a residential area. Lisa McCracken, former daycare parent from this center, spoke in favor of the center and about the type of care the children receive. Diana Watt stated she uses this daycare center and spoke in favor of allowing the center to be expanded. Liz Johnson indicated she had a child in this daycare center and found it to be an excellent facility. She encouraged the Commission to approve the expansion of the center. Heather Abernathy Conno stated she was a client of this daycare center and though she understands the neighbors concerns she supports this center because it is a home and a good setting for her children. Chairperson Kelley closed the Public Comment period. Chris Doolin answered questions of the Commission and those raised during the public comment period. MOTION: By Commissioner Beraud and seconded by Vice Chairperson Jones to adopt Resolution PC 2004-0077 approving Conditional Use Permit CUP 2004-0129 based on findings and subject to Conditions of Approval and Mitigation Monitoring. Motion passed 7:0 by a roll -call vote. 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 development and Tentative Tract Map 2004-0052 for a condominium map. Project Location: San Diego Way Lots 9, 11, 12, and 13; Block 66, Atascadero, CA 93422 (San Luis Obispo County) APN 045-352-002, 003, 004, 006, 007. Project Description: The proposed project consists of an amendment to Conditional Use Permit 2003-0095 to 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 Friday. Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Tim Roberts, applicant's representative, explained the reasons behind this request and the proposed changes to the project. Charles Augburn expressed concern about the oak and pine trees that could be impacted by widening the road and curbs and gutters, and stated he does not want any encroachment on his property. Mr. Augburn answered questions of the Commission. Tim Roberts addressed Mr. Augburn's concern and stated the applicant will work with staff and Mr. Augburn. Mr. Roberts answered questions of the Commission. Chairperson Kelley closed the Public Comment period. Public Works Director Steve Kahn explained why the road improvements are necessary. MOTION: By Commissioner Porter and seconded by Commissioner O'Keefe to adopt Resolution PC 2004-0081 recertifying Mitigated Negative Declaration 2003-0011; and, 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, 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. Motion passed 7:0 by a roll -call vote. 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 Location: 2135 San Fernando Rd., Atascadero, CA 93422, San Luis Obispo County APN 049-281-012 Project Description: A proposed subdivision of an existing 6.05 gross acre lot into two individual parcels of 2.93 and 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 Fri day. Associate Planner Kelly Gleason provided the staff report and answered questions of the Commission. PUBLIC COMMENT Ken Wilson, applicant's representative, stated they agree with the staff report. Mr. Wilson answered questions of the Commission. Chairperson Kelley closed the Public Comment period. Commissioner Beraud expressed several concerns with this project including: 1) envelope size appears too large and violates General Plan Policy No. 7.1.4, 2) there is too much latitude given on where to build in terms of impacts, and 3) does not follow the Tree Ordinance for the tree removals and she feels the 12 or more trees with greater than 24 -inch dbh should come back to the Commission as a separate issue. Commissioner Beraud stated she is not in favor of the lot split at this time. Commissioner O'Keefe stated she couldn't make the finding that this is in compliance with the General Plan, and read from Policy No. 7.1.4. She was concerned that the envelope is 8 times the size of the proposed building pad, and stated the tree removals should come back to the Planning Commission. Daniel Phillips, applicant, answered questions of the Commission MOTION: By Chairperson Kelley and seconded by Vice Chairperson Jones to 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. Motion passed 5:2 by a roll -call vote. (Beraud, O'Keefe opposed) Commissioner Beraud stated for the record that this violates the General Plan and Tree Ordinance. Commissioner O'Keefe stated for the record that she is voting no because it is a violation of the General Plan Policy 7.1.4 and that it violates the Tree Ordinance with regard to bringing back tree removals of 24 inches or greater to the Planning Commission. 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 Description: A proposed condominium map creating four airspace units and one common lot for a multi- family development with a request to modify the interior setbacks between buildings from 10 feet to 8 feet. The parcel is slightly sloped. Native trees are not proposed for removal. City sewer will serve the property, and water is available from the Atascadero Mutual Water 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 Director Warren Frace provided the staff report and answered questions of the Commission. PUBLIC COMMENT - None Commissioner O'Keefe referred to the back of Unit #2 and suggested landscaping to buffer/break it up. David Graves, applicant, addressed Commissioner O'Keefe's suggestion and stated he would work with staff on landscaping for Unit #2. MOTION: By Chairperson Kelley and seconded by Commissioner Peterson to 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 and the landscaping on Unit #2 is to be looked at specifically. Motion passed 7:0 by a roll -call vote. 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 Location: 3858 Orillas Way, Atascadero, CA 93422 (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 Assistant Planner Lisa Wilkinson provided the staff report and answered questions of the Commission. PUBLIC COMMENT - None Commissioners O'Keefe and Beraud stated they would like to see a mitigation deposit on Tree #5. MOTION: By Vice Chairperson Jones and seconded by Commissioner Fonzi to 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 Ordinance as proposed by staff. Motion passed 7:0 by a roll -call vote. COMMISSIONER COMMENTS AND REPORTS Chairperson Kelley requested that the tree issue be placed on the Commission's agenda next month to pass on to the City Council. Director Frace stated it would be on an August agenda. Commissioner Fonzi requested information on impacts of the pending legislation on condominium construction. She asked about the implications of utilizing Mello Roos as a funding mechanism. Director Frace discussed the different variations of funding mechanisms under this legislation. Commissioner O'Keefe indicated that staff has been including the mitigation deposit as a condition for trees for some time. Commissioner Peterson commended staff on the quality of projects that are coming before the Commission. Chairperson Kelley thanked the Commission and staff for doing a good job with tonight's meeting. DIRECTOR'S REPORT Community Development Director Warren Frace gave the Commission an update on the August 3rd Planning Commission agenda. ADJOURNMENT Chairperson Kelley adjourned the meeting at 8:51 p.m. to the next regularly scheduled meeting of the Planning Commission on August 3, 2004. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary Adopted 8/3/04 ITEM NUMBER: 8 DATE: 8/3/04 Atascadero Planning Commission Staff Report — Community Development Department Single Family Planned Development Zone Change 2003-0047, Master Plan of Development (CUP 2003-0097), Vesting Tentative Parcel Map 2003-0061 (7500 Navajoa Ave., / Higgins) SUBJECT: The proposed project consists of an application for a Zone Change, Conditional Use Permit (CUP) and Tentative Parcel Map. The Zone Change would establish a Planned Development #7 overlay on the site subject to a master plan of development (CUP) that would allow four (4) new single-family residences to be constructed on the project site. RECOMMENDATION: Staff Recommends: 1. Adopt Resolution No. PC 2004-0087 recommending that the City Council certify Proposed Mitigated Negative Declaration 2004-0021; and, 2. Adopt Resolution No. PC 2004-0088 recommending that the City Council introduce an ordinance for first reading by title only to approve Zone Change 2003-0047 based on findings; and, 3. Adopt Resolution No. PC 2004-0089 recommending that the City Council approve the Master Plan of Development (CUP 2003-0097) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Adopt Resolution No. PC 2004-0090 recommending the City Council approve Tentative Parcel Map 2004-0061 based on findings and subject to Conditions of Approval and Mitigation Monitoring. ITEM NUMBER: 8 DATE: 8/3/04 SITUATION AND FACTS: 1. Applicant / Representative: Lynne Higgins, 7500 Navajoa Ave., Atascadero, CA 93422 2. Project Address 3. General Plan Designation 4. Zoning District: 5. Site Area: 6. Existing Use: 7. Environmental Status DISCUSSION: Summary 7500 Navajoa Ave., Atascadero, CA 93422 (San Luis Obispo County) APN 031-152-003 General Plan Designation: MDR (Medium -Density Residential -10 units/acre) RMF -10 (Residential Multiple Family) 0.465 acre Single-family Residence Proposed Mitigated Negative Declaration 2004-0021 The proposed project consists of four new single-family homes located on individual lots that will be developed under the requirements of the PD -7 overlay district within the RMF -10 (Residential Multi -Family) zoning district. The new homes will be approximately 1500 square feet in living area. Each new home will also include a minimum 400 square foot attached garage and two uncovered guest parking spaces within the front driveways. Each unit is consistent with the PD -7 requirements as described in the summary table below. A Master Plan of Development will include all site development and architectural design standards for the project. The Master Plan of Development will be approved in the form of a Conditional Use Permit as required by the Zoning Ordinance. Any future amendments to the Master Plan of Development can be made by the Planning Commission in the future, independent of Council action. ITEM NUMBER: 8 DATE: 8/3/04 ct Summary Table Background Surrounding Land Use and Setting: North: Multi -family Residential/ Single Family Residential - X South: Multi -family Residential/ Single Family Residential -X East: Multi -family Residential/ Commercial Professional West: Single-family Residential - X The General Plan and Zoning Ordinance identifies the project site, along with adjacent properties to the north, south, and east as Medium -Density Residential with a maximum density of 10 dwelling units per acre. The sites directly adjacent to the subject site consist of single-family homes. Properties to the west are designated as Residential Single-family and are currently developed with single-family residences. The project site's multi -family residential zoning and use is consistent with the General Plan. The zoning ordinance allows the establishment of a Planned Development Overlay No. 7 (PD -7) in the multi -family zone, which requires a minimum of four single-family units, consistent with the PD -7 site development standards and appearance review, as analyzed within this report. Parcel 1 Parel2 Parcel 3 Parcel 4 Lot Area 5048 sf 5145 sf 5082 sf 4965 sf Building Footprint 1728 sf 1488 sf 1728 sf 1728 sf (not to exceed 35%) 34% 29% 34% 35% Landscaped Area 2396 sf 1976 sf 2450 sf 2216 sf minimum 40% 53% 62% 52% 55% Covered Parking 2 spaces 2 spaces 2 spaces 2 spaces Guest Parking 2 spaces 2 spaces 2 spaces 2 spaces Lower Living Area 1560 sf 1320 sf 1560 sf 1560 sf Upper Living Area 849 sf 849 sf 849 sf 849 sf Garage 400 sf 400 sf 400 sf 400 sf Background Surrounding Land Use and Setting: North: Multi -family Residential/ Single Family Residential - X South: Multi -family Residential/ Single Family Residential -X East: Multi -family Residential/ Commercial Professional West: Single-family Residential - X The General Plan and Zoning Ordinance identifies the project site, along with adjacent properties to the north, south, and east as Medium -Density Residential with a maximum density of 10 dwelling units per acre. The sites directly adjacent to the subject site consist of single-family homes. Properties to the west are designated as Residential Single-family and are currently developed with single-family residences. The project site's multi -family residential zoning and use is consistent with the General Plan. The zoning ordinance allows the establishment of a Planned Development Overlay No. 7 (PD -7) in the multi -family zone, which requires a minimum of four single-family units, consistent with the PD -7 site development standards and appearance review, as analyzed within this report. ITEM NUMBER: 8 DATE: 8/3/04 Analysis Architecture, Materials, Color The project has been designed with two story single-family residences that incorporate quality building materials and architectural treatments to blend Wth the existing neighborhood along Navajoa and Santa Ynez Avenues. A combination of 2 different fagade designs have been proposed for the project site creating a variety of homes along each streetscape. Each unit will take private access off of Navajoa or Santa Ynez Avenue. All garages are recessed 7 -feet from the front porch. All trash storage, recycle storage, and air conditioning units will be screened from view behind fenced or landscaped enclosures. Conditions have been included that will require the garage doors be architectural grade and be painted to match the selected body color (Condition PD 6). All front yards and street facing side yards shall be landscaped by the developer (Condition PD 9). Back yards will be landscaped by the individual property owners. All landscape maintenance will be the responsibility of the individual property owner. Intc1 and*I ITEM NUMBER: 8 DATE: 8/3/04 Lots 2 and 4 r r� mail lT �` O 1 The applicant has included sample elevations illustrating color and material schemes. A condition has been included that staff review and approve final selections for design quality and neighborhood compatibility (Condition PD 6). Refer to Exhibit K for details. Landscape Design The preliminary landscape plan has been designed for compatibility with the surrounding neighborhood, oak tree preservation, and visual appearance from Navajoa and Santa Ynez Avenues. Plantings under the mature oak and Walnut trees exist along Navajoa Ave. and Santa Ynez Ave. will be drought tolerant. Chip mulch will be provided under existing oak trees and as required by the project arborist. The plans identify landscaping throughout the site including the incorporation of 3 additional shade trees along Santa Ynez Avenue. Site Plan, Circulation, Parking The site plan meets the requirements of the Atascadero Municipal Code and the General Plan. The project will include street frontage improvements along both street frontages. Each residence will have a private driveway where two guest parking spaces will be accommodated. ITEM NUMBER: 8 DATE: 8/3/04 Site Drainage On-site storm water detention is accommodated with individual facilities on each lot. Wastewater Sanitary sewer will be connected to the existing Santa Ynez Ave sewer line. Project Benefits One of the required findings for approval of a planned development rezone is that the project must "offer certain redeeming features to compensate for the requested modification." The table shown below outlines the Council policy on Planned Development benefits. The Planning Commission must find that the project meets all of the tier one benefits listed below for a PD -7. PD Location Tier 1 Benefits Tier 2 Benefits Inside of Urban Core a) Affordable/ Workforce Housing a) Pocket Parks in larger projects PD -7 PD -17 b) High Quality Architectural Design b) Trails / Walkways for Pedestrian Connectivity Custom PD's c) High Quality Landscape Design c) Historic Preservation d) Buffering between Urban and Suburban zones (large lot sizes, increased setbacks, landscape buffers, etc.) e) Higher density to meet Housing Element goals Outside of Urban Core a) Natural Open Space Preservation a) Multi -Purpose Trails —Equestrian/ Rural / Suburban Areas Bicycle / Pedestrian PD -16 b) Recreational Areas / Facilities Custom PD's c) Historic Preservation In staff's opinion, the project as proposed, meets the above stated benefits. Affordable and Workforce Housing The City Council has implemented an interim inclusionary affordable housing program to include a fixed percentage of units within residential developments that require a legislative approval to be reserved as deed restricted affordable units or a in -lieu fee to be collected. This interim program allows the project applicant a choice of either setting aside one housing unit at the moderate rate for a period of 30 years, or paying an in -lieu fee based on 5.00% of the construction valuation of each of the market rate units. A condition of approval has been added to this effect (Condition ITEM NUMBER: 8 DATE: 8/3/04 PD 12/TPM 8). According to the San Luis Obispo County Department of Planning & Building, a 3 -bedroom moderate level affordable unit only qualifies if the sales price does not exceed $315,255 or the rent does not exceed $1,403 per month with a 30 - year deed restriction commitment and a two-bedroom moderate unit only qualifies if the sale price does not exceed $262,752 or the rent does not exceed $1,008 per month with a 30 -year deed restriction. These numbers are subject to change as they are adjusted monthly. The project is also conditioned to offer 50% of the for sale housing units to residents or workers within the City of Atascadero during the first 60 days of the initial home sale. (Condition PD 14/TPM 9) Tentative Tract Map A four -lot parcel map is proposed as part of the project consistent with the Master Plan of Development. The parcel map has been conditioned by staff and the City Engineer to meet all City standards including street frontage improvements along Navajoa and Santa Ynez Avenues. Master Plan of Development (Conditional Use Permit) A Master Plan of Development is required for the PD -7, to be approved through the Conditional Use Permit process. The Planning Commission must make the following five findings to approve a Conditional Use Permit: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The use is consistent with the Multi -Family Residential designation of the Plan and General Plan Land Use Element Policy 1.1, Housing Element Policy 1.2, Housing Element Policy 2.2, and Housing Element Policy 4.3. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD -7 Ordinance. Staff Comment: As conditioned and based on findings, the project satisfies all PD -7 zoning code provisions. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. ITEM NUMBER: 8 DATE: 8/3/04 Staff Comment: The proposed residential project will not be detrimental to the general public or working persons health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The project has been designed to be consistent with the existing neighborhood character. A variety of architectural styles and individual driveways are consistent with the development pattern of the surrounding neighborhood. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: The proposed project and use is consistent with the traffic projections and road improvements anticipated within the General Plan. The proposed project density (10 units/acre) equates to a maximum of 5 units on the project site. Based on staff's analysis in the preceding sections, and with the incorporation of the project conditions, it appears that all of the required findings for approval of a Master Plan of Development (Conditional Use Permit) can be made. General Plan 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 Wth 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." ITEM NUMBER: 8 DATE: 8/3/04 Housing Element Policy 4.3: "Encourage attractive architecture and site landscaping that respect terrain and native trees". Implementing General Plan programs require appearance review of architectural design, materials, street trees, and landscaping to maintain the retain the rural atmosphere, protect the environment, and incorporate architectural themes into the site and building design. As analyzed above, the proposed project as conditioned is consistent with the General Plan. In staff's opinion the project is consistent with the goals and policies of the Land Use Element and the Housing Element, including compliance with Council Policy regarding affordable housing provisions. The project will provide four small -lot, single-family dwellings that fulfill an important housing need within the community and follow the General Plan's policies relating to the implementation of smart growth principles. As conditioned, the project incorporates architectural and landscape elements that are consistent with the scale and character of the surrounding neighborhood and the General Plan's appearance review requirement. The proposed project provides a high quality infill development within the City's urban core area. The proposed residential use is consistent with the surrounding neighborhood use and character. Proposed Environmental Determination Staff has prepared a Draft Mitigated Negative Declaration, circulated to public agencies and interested members of the public on June 15, 2004. The environmental analysis identified concerns regarding potential impacts to aesthetics, air quality, cultural resources, geology & soils, hydrology & water quality, land use and planning, noise, and utility systems. Mitigation measures pertaining to these resources are included. A finding is proposed that this project would not have a significant effect on the environment based upon the implementation of the identified mitigation measures. Staff is recommending the Commission recommend that the City Council certify Proposed Mitigated Negative Declaration 2004-0021. CONCLUSION: The proposed project is consistent with the minimum standards set forth in the General Plan and Atascadero Municipal Code for a Planned Development #7 overlay, as analyzed within this staff report. The Planning Commission must recommend that the project offers benefits that justify the modification to multi -family development standards, allowing for subdivision of the parcel and individual ownership of the resulting lots. ITEM NUMBER: 8 DATE: 8/3/04 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 recommend that the City Council deny the project. The parcel would retain its designation of Residential Multi -Family. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Proposed Mitigated Negative Declaration and Initial Study Attachment 3 Draft Resolution of Approval Proposed Mitigated Negative Declaration Attachment 4: Draft Resolution of Approval Proposed Zoning Map Change Attachment 5: Draft Resolution of Approval Proposed Master Plan of Development Attachment 6: Draft Resolution of Approval Proposed Vesting Tentative Parcel Map ITEM NUMBER: 8 DATE: 8/3/04 Attachment 1: Location Map, General Plan and Zoning Project site: 7500 Navajoa Ave. r � RSF-X r RMF -10 wow Existing Designations: -General Plan: Medium Density Residential -Zoning District: Residential Multi -Family — 10 Proposed Designations: -General Plan: Medium Density Residential -Zoning District: Residential Multi -Family— 10 w/ PD -7 overlay ITEM NUMBER DATE: 8/3/04 Attachment 2: Proposed Mitigated Negative Declaration and Initial Study This page is intentionally left blank ATTACHMENT 3: Draft Resolution PC 2004-0087 PD -7 Master Plan of Development (CUP 2003-0097)/ZCH2O03-0047VTPM 2004.0061 Approval of Draft Mitigated Negative Declaration DRAFT RESOLUTION PC 2004-0087 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL CERTIFY PROPOSED MITIGATED NEGATIVE DECLARATION 2004-0021 PREPARED FOR ZONE CHANGE 2003- 0047, CONDITIONAL USE PERMIT 2003-0097 AND TENTATIVE PARCEL MAP 2004-0061 ON APN 031-152-003 (7500 Navajoa Ave./ Higgins) WHEREAS, an application has been received from Lynne Higgins (7500 Navajoa Ave., Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a zone change from RMF -10 (Residential Multi Family) to RMF -10 / PD -7 (Residential Multi Family with Planned Development Overlay #7) with the adoption of a Master Plan of Development and a four lot residential Tentative Parcel Map on APN 031-152-003 and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2004- 0021 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 August 3, 2004 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero, hereby resolves to recommend that the City Council certify Proposed Mitigated Negative Declaration 2004-0021 based on the following Findings as shown on Exhibit A: 1. The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, 2. The Proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project. 4. The project will not achieve short-term to the disadvantage of long-term environmental goals. 5. The project does not have impacts, which are individually limited, but cumulatively considerable. 6. The project will not cause substantial adverse effects on human beings either directly or indirectly. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. Exhibit A: Proposed Mitigated Negative Declaration On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA Bob Kelley Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Proposed Mitigated Negative Declaration 20040021 This page is intentionally left blank ATTACHMENT 4: Draft Resolution PC 2004-0088 PD -7 Master Plan of Development (CUP 2003-0097)/ZCH2O03-0047VTPM 2004-0061 Approval of Proposed Zoning Map Change DRAFT RESOLUTION PC 2004-0088 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2003-0047, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 031-152-003 FROM RMF -10 TO RMF -10 / PD -7 (7500 Navajoa Ave./ Higgins) WHEREAS, an application has been received from Lynne Higgins (7500 Navajoa Ave., Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a zone change from RMF -10 (Residential Multi -Family) to RMF -10 / PD -7 (Residential MultimFamily with Planned Development Overlay #7) with the adoption of a Master Plan of Development and a four lot residential Tentative Parcel Map on APN 031-152-003 and, WHEREAS, the site's General Plan Designation is MDR (Medium Density Residential); and, WHEREAS, the site's current zoning district is RMF -10 (Residential Multiple -Family); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Official Zoning Map to protect the health, safety and welfare of its citizens by applying orderly development of the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on August 3, 2004, studied and considered Zone Change 2003-0047, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of Atascadero Creating a PD -7 Planned Development Overlay District. The Planning Commission finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 4. Proposed plans offer certain redeeming features to compensate for the requested modification. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on August 3, 2004, resolved to recommend that the City Council introduce for first reading by title only an ordinance that would rezone the subject site consistent with the following: Exhibit A: Zone Change Map BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Bob Kelley Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Zone Change Map 2003-0071 rr - Project Site RSF-Y RMF -10 Existing Designations: -General Plan: Medium Density Residential -Zoning District: Residential Multi -Family — 10 Proposed Designations: -General Plan: Medium Density Residential -Zoning District: Residential Multi -Family — 10 w/ PD -7 overlay ATTACHMENT 5: Draft Resolution PC 2004-0089 PD -7 Master Plan of Development (CUP 2003-0097)/ZCH2O03-0047VTPM 2004-0061 Approval of Proposed Master Plan of Development DRAFT RESOLUTION PC 2004-0089 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE A MASTER PLAN OF DEVELOPMENT (CONDITIONAL USE PERMIT 2003-0097) FOR A PD -7 OVERLAY ZONE OF APN 031-152-003 (7500 Navajoa Ave./ Higgins) WHEREAS, an application has been received from Lynne Higgins (7500 Navajoa Ave., Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a zone change from RMF -10 (Residential Mul&Family) to RMF -10 / PD -7 (Residential Mul&Family with Planned Development Overlay #7) with the adoption of a Master Plan of Development and a four lot residential Tentative Parcel Map on APN 031-152-003 and, WHEREAS, the site's General Plan Designation is MDR (Medium -Density Residential); and, WHEREAS, the site's current zoning district is RMF -10 (Residential Multiple -Family); and, WHEREAS, the Planning Commission has recommended that a site be rezoned to include a PD -7 overlay district which requires the adoption of a Master Plan of Development; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on August 3, 2004, studied and considered the Master Plan of Development (CUP 2003-0097), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of Master Plan of Development. The Planning Commission finds as follows: 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 ofthe Title (Zoning Ordinance) including the PD -7 Ordinance; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on August 3, 2004, resolved to recommend that the City Council approval of the Master Plan of Development (CUP 2003-0097) subject to the following: 1. EXHIBIT A: Conditions of Approval/Mitigation Monitoring Program 2. EXHIBIT B: Site plan 3. EXHIBIT C: Landscape Plan 4. EXHIBIT D: Statistical Summary 5. EXHIBIT E: Grading and Drainage Plan 6. EXHIBIT F: Lots 1 and 3: Elevations 7. EXHIBIT G: Lots 2 and 4: Elevations 8. EXHIBIT H: Exterior Color & Material Sample Board 9. EXHIBIT 1: Tree Protection 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 Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program PD -7 Master Plan of Development (CUP 2003-0097)/ZCH 2003-0061 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 7500 Nava Oa Ave. BL: Business License Services BS: Building PD -7 Master Plan of Development GP: Grading Permit Services CUP 2003-0097/ZCH 2003-0061 BP: Building Permit FD: Fire Department PD: Police FI: Final Inspection TO: Temporary Department Occupancy CE: City Engineer FO: Final WW: wastewater Occupancy CA: City Attorney Planning Services 1. The approval of this zone change and use permit shall become PS final and effective following City Council approval. 2. Approval of this Master Plan of Development shall be valid FM PS concurrently with the life of Tentative Parcel Map 2004-0061 and then indefinitely following final map. The Master Plan of Development approval shall expire and become null and void unless a final map is recorded consistent with the Master Plan of Development. 3. Changes to the Master Plan of Development shall be approved On-going PS by the Planning Commission and do not require Council action. 4. The Community Development Department shall have the BP / FM PS authority to approve the following minor changes to the project the (1) modify the site p Ian project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Parcel Maps. 5. All subsequent Tentative Parcel Map and construction permits BP / FM PS shall be consistent with the Master Plan of Development contained herein. 6. All exterior elevations, finish materials, and colors shall be BP PS consistent with the Master Plan of Development as shown in EXHIBIT F, G and H with the following modifications, subject to staff approval: • Staff shall review and approve final color selections for neighborhood compatibility and consistency with the approved Master Plan of Development. ■ Garage doors shall of architectural grade and shall be painted to match the body color of each unit. ■ Windows shall be single or double hung vinyl and shall be complimentary in color to the color schemes shown in Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 7500 Nava Oa Ave. BL: Business License services BS: Building PD -7 Master Plan of Development GP: Grading Permit Services CUP 2003-0097/ZCH 2003-0061 BP: Building Permit FI: Final Inspection FD: Fire Department PD: Police TO: Temporary Department Occupancy CE: City Engineer FO: Final WW: wastewater Occupancy CA: City Attorney EXHIBIT H. ■ Roof material is to be of architectural grade. 7. All site development shall be consistent with the maximum BP/FM PS intensities described in the statistical project summary as shown on EXHIBIT D. 8. All site work, grading, and site improvements shall be consistent BP/FM PS with the Master Plan of Development as shown in EXHIBIT B, C and E. 9. A final landscape and irrigation plan shall be approved prior to BP PS the issuance of building permits and included as part of site improvement plan consistent with EXHIBIT C. All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. Trash/recycle container areas shall be screened with fencing or landscape. ■ The developer shall landscape all front yards. All landscape maintenance shall be the responsibility of the individual property owner. ■ No irrigation shall be installed beneath existing native oak trees unless the arborist notes historic regular watering of the trees. Mulch shall be applied at the base of all native trees as shown on the conceptual landscape plan (EXHIBIT C) ■ All required landscape trees shall be double staked upon installation. 10. All project fencing shall be installed consistent with EXHIBIT B BP PS and C subject to the following modifications: a. Fencing shall be constructed of 4 -foot high solid redwood or cedar boards with 2 -foot lattice section above. b. Fencing along the Navajoa and Santa Ynez Ave frontages shall be a maximum of 3 feet in height. No fencing greater than 3 feet in height shall be located between the residence frontages and the street. c. The design of all fencing shall be compatible with the overall project design, subject to staff approval 11. A Tree Protection Plan shall be prepared for encroachment GP PS within the drip line of native trees located on the subject parcel BP and any adjacent properties. The applicant will contract with a certified arborist to monitor all activity within the drip lines of existing native oak trees. Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 7500 Nava Oa Ave. BL: Business License services BS: Building PD-7 Master Plan of Development GP: Grading Permit Services CUP 2003-0097/ZCH 2003-0061 BP: Building Permit FI: Final Inspection FD: Fire Department PD: Police TO: Temporary Department Occupancy CE: City Engineer FO: Final WW: wastewater Occupancy CA: City Attorney 12. Affordable Housing Requirement: The applicant shall either set FM, BP PS, CE aside one housing unit at the moderate category rate for a period of 30 years, or pay an inaieu fee based on 5.00% of the construction valuation of each of the market rate units. 13. All exterior material finishes (stucco, materials, lighting, garage BP PS doors) shall be durable, high quality, and consistent with EXHIBIT H. 14. Workforce Housing FM PS, CE Prior to recordation of final map, the applicant shall enter into a legal agreement wih the City to reserve 1/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within he City of Atascadero for a minimum of 60-days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; • The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved; and ■ The City Attorney shall approve the final form of the agreement. Building Services 15. A soils investigation prepared by a licensed Geotechnical BP FM Engineer is to be provided for the project. The report is to be provided at the time of building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. Fire Marshal 16. The location of all existing and proposed fire hydrants shall FM CE be shown on subsequent building permit applications. 17. A letter shall be provided from Atascadero Mutual Water FM CE Company stating the minimum expected water available to the site. Amount available must meet minimum requirement specified in the California Fire Code. Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 7500 Nava Oa Ave. BL: Business License services BS: Building PD -7 Master Plan of Development GP: Grading Permit Services CUP 2003-0097/ZCH 2003-0061 BP: Building Permit FI: Final Inspection FD: Fire Department PD: Police TO: Temporary Department Occupancy CE: City Engineer FO: Final WW: wastewater Occupancy CA: City Attorney 18. Address signage design shall be provided prior to issuance of FM CE any subsequent building permits. City Engineer Project Conditions 19. Gravity mains and other sewer facilities within the subdivision BP PW shall be privately owned and maintained. 20. Prior to recording the final map, provisions for the repair and FM PW maintenance of the private sewer shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private sewer, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. 21. Applicant shall pay sewer Extension (Annexation), Connection BP PW and Reimbursement fees (if applicable) upon issuance of building permit. 22. 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 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. 23. Each building shall be separately and independently BP PW connected with the public sewer. 24. The applicant shall address stormwater detention to the BP/GP/FM PW satisfaction of the City Engineer, prior to grading and drainage approval, or approval of the final map. 25. Existing drainage patterns from adjacent properties shall not BP PW be obstructed. 26. All drainage from improvements shall cross property lines FM PW within drainage easements. 27. Private utility easements will be required for sewer laterals FM PW that cross private property lines. City Engineer Standard Conditions 28. 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. 29. 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. Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 7500 Nava Oa Ave. BL: Business License services BS: Building PD -7 Master Plan of Development GP: Grading Permit Services CUP 2003-0097/ZCH 2003-0061 BP: Building Permit FI: Final Inspection FD: Fire Department PD: Police TO: Temporary Department Occupancy CE: City Engineer FO: Final WW: wastewater Occupancy CA: City Attorney 30. 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. 31. The Subdivision Improvement Agreement shall record FM PW concurrently with the Final Map. 32. An encroachment permit shall be obtained prior to the issuance BP PW of building permit. 33. The applicant shall be responsible for the relocation and/or BP PW alteration of existing utilities. 34. 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. 35. The applicant shall monument all property corners for FM PW construction control and shall promptly replace them if disturbed. 36. 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. 37. Slope easements shall be provided as needed to accommodate FM PW cut of fill slopes. 38. Drainage easements shall be provided as needed to FM PW accommodate both public and private drainage facilities. 39. A preliminary subdivision guarantee shall be submitted for FM PW review in conjunction with the processing of the parcel map. 40. 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. 41. 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. 42. 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 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 7500 Nava Oa Ave. BL: Business License services BS: Building PD -7 Master Plan of Development GP: Grading Permit Services CUP 2003-0097/ZCH 2003-0061 BP: Building Permit FI: Final Inspection FD: Fire Department PD: Police TO: Temporary Occupancy Department CE: City Engineer FO: Final WW: wastewater Occupancy CA: City Attorney the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 43. 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. 44. Prior to recording the parcel map, the applicant shall pay all FM PW outstanding plan check/inspection fees. 45. Prior to recording the map, the applicant shall complete all FM PW improvements required by these conditions of approval. 46. 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. 47. 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. 48. 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. 49. 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 50. Before recordation of the final map, the applicant shall submit BP B3 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. Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 7500 Nava Oa Ave. BL: Business License services BS: Building PD -7 Master Plan of Development GP: Grading Permit Services CUP 2003-0097/ZCH 2003-0061 BP: Building Permit FI: Final Inspection FD: Fire Department PD: Police TO: Temporary Department Occupancy CE: City Engineer FO: Final WW: wastewater Occupancy CA: City Attorney 51. Before the start of construction on the water system BP BS improvements, the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. 52. Before issuance of building permits, the applicant shall obtain BP BS a "Will Serve" letter from AMWC for the newly created lots within the subdivision. 53. Separate legal parcels require separate water meters for BP BS domestic water service. Mitigation Measures Mitigation Measure 3.b.1 : The project shall be conditioned to BP BS 3, 10.1 comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment • Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). • Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. • Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A Reduce the amount of the disturbed area where possible. Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 7500 Nava Oa Ave. BL: Business License services BS: Building PD -7 Master Plan of Development GP: Grading Permit Services CUP 2003-0097/ZCH 2003-0061 BP: Building Permit FI: Final Inspection FD: Fire Department PD: Police TO: Temporary Occupancy Department CE: City Engineer FO: Final WW: wastewater Occupancy CA: City Attorney B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are plann4ed to be reworked at dates greater than one month after initial grading should be sown with a fast -germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.e.1 : The building permit site plan shall identify GP PS/BS 4.e.1 all protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan. Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. Mitigation Measure 4.e.2: The Precise Grading Plan shall identify GP PS/BS 4.e.2 tree protection fencing around the dripline of each existing on-site tree and/or native shrub mass within 20 feet of construction activity. Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 7500 Nava Oa Ave. BL: Business License Services BS: Building PD -7 Master Plan of Development GP: Grading Permit Services CUP 2003-0097/ZCH 2003-0061 BP: Building Permit FI: Final Inspection FD: Fire Department PD: Police TO: Temporary Department Occupancy CE: City Engineer FO: Final WW: wastewater Occupancy CA: City Attorney Mitigation Measure 4.e.3: Grading and excavation and grading work BP PS/13S 4.e.3 shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within the area of work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Conditions of Approval / Mitigation Monitoring Program 7500 Nava Oa Ave. PD -7 Master Plan of Development CUP 2003-0097/ZCH 2003-0061 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: wastewater CA: City Attorney Mitigation Measure Mitigation Measure 4.e.4: The developer shall contract with a GP PS/13S 4.e.4 certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a). A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b). Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c). As specified by the arborist report and City staff: ■ Fencing: Must be a minimum of 4' high, chain link, and snow or safety fence, staked at the drip -line or line of encroachment for each tree or group of trees. Tree fencing shall be erected before demolition, grading, or construction begins and remains in place until final inspection of the project permit, except for work specifically required in the approved plans in which case the project arborist or Planning Staff must be consulted. ■ Soil Aeration Methods: Soils under drip -lines that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include waterjetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with a 24" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist shall advise. ■ Chip Mulch: All areas within the drip -line of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction. ■ Trenching within the Drip -line: All trenching under drip - lines of native trees shall be hand dug, augured or bored. All major roots shall be avoided whenever possible. All exposed roots larger than 1" in diameter shall be 'clean cut with a sharp pruning tool and not left ragged. Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 7500 Nava Oa Ave. BL: Business License Services BS: Building PD-7 Master Plan of Development GP: Grading Permit Services CUP 2003-0097/ZCH 2003-0061 BP: Building Permit FI: Final Inspection FD: Fire Department PD: Police TO: Temporary Department Occupancy CE: City Engineer FO: Final WW: wastewater Occupancy CA: City Attorney ■ Grading within drip-line: Grading should not encroach within the drip-line. If grading is necessary, construction of retaining walls or tree wells or other protection measures may be necessary to insure the survivability of the trees. Chip mulch 4-6" in depth may also be required in these areas. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. ■ Exposed Roots: Any exposed roots shall be recovered the same day they were exposed. ■ Pavincl within the Drip-line: Pervious surfacing is required within the dripline of any oak trees. ■ Compaction: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. ■ Existing Surfaces: The existing ground surface within the drip-line of all oak trees shall not be cut, filled, compacted or pared. ■ Construction materials and waste: No liquid or solid construction waste shall be dumped on the ground within the drip-line of any oak tree. ■ Arborist Monitoring: During construction an arborist shall be present when encroaching within the dripline of any Oak tree. (d). Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction-related tree protection measures are no longer required for tree protection. Mitigation Measure 6.b.1 : The grading permit application plans shall GP BS 6.b.1 include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.1: A soils report shall be required to be GP BS 6.c.1 submitted with a future building permit by the building department. Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 7500 Nava Oa Ave. BL: Business Services BS: Building PD -7 Master Plan of Development License GP: Grading Permit Services CUP 2003-0097/ZCH 2003-0061 BP: Building Permit FD: Fire Department PD: Police FI: Final Inspection TO: Temporary Department Occupancy CE: City Engineer FO: Final WW: wastewater Occupancy CA: City Attorney Mitigation Measure 8.e.f.1: The developer is responsible for GP BS 8.e.f.1 ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop work orders. Mitigation Measure 11.d.1 : All construction activities shall comply GP BS 11.d.1 with the City of Atascadero Noise Ordinance for hours of operation. EXHIBIT B: Site Plan NVId 311S 3AI1V1N31 I 11w t � {c Co � i t {q LL}Citi ppT�i zCt.4 t � it Ji( (111j:_R![!f1 di!9i � Mi 1 � 5 i f t aal it ! Itfli iii � [ "� �' -`-•C_!_fv{o-t`! -\ �� �li�l .(tf(f it _r -tea � ,.� ;�.� �� 14 ;�. 1 -t � , � ... „��, �� -� •• , _ 19ft[a � •t ,�� f i• � W � Q .� + \ / O t cy ti L, ._/ - '� r � Tp iry ( ,/Y- 1 z -(J 4 .�f'klll �' - � ,I w� .•aa p,Y l q � ; �• � exp ` f� la .l 1• :�:.-t I. „ _ lIIT = rL_jtF Lac ' S ��a4T4 i11 titHI it EXHIBIT C: Landscape Plan f �l i�itJl ail rill :J;;6i1�111 ,,lJlft,t�lJlllitllf�'+r�t't;l �' 1 ,!:,11 e.:illlt,,llil,t ittt� 1ti 11111l�I,S tliJrlf�ili! r �I'�1i11i1�I1liifllijitllel!l�1111�!!€illlliiltstlf;+t1fl�tsl�ll;'Il.t!! ra I IIIiIIif ,��,ts lilt }fltli!bJIJ EXHIBIT D: Statistical Summary of Project Proposed Project Summary Parcel 1 Parel2 Parcel 3 Parcel 4 Lot Area 5048 sf 5145 sf 5082 sf 4965 sf Building Footprint 1728 sf 1488 sf 1728 sf 1728 sf (not to exceed 35%) 34% 29% 34% 35% Landscaped Area 2396 sf 1976 sf 2450 sf 2216 sf minimum 40% 53% 62% 52% 55% Covered Parking 2 spaces 2 spaces 2 spaces 2 s aces Guest Parking 2 spaces 2 spaces 2 spaces 2 spaces Lower Living Area 1560 sf 1320 sf 1560 sf 1560 sf Upper Living Area 849 sf 849 sf 849 sf 849 sf Garage 400 sf 400 sf 400 sf 400 sf EXHIBIT E: Grading and Drainage Plan kl- x 1�;��if�ill� r� 0000000000000 1 i7 A EXHIBIT F: Lot 1 and 3 Elevations f �'�!�• ~ 1 '� ..[1 w_n•r �' � iia TM. i ..t .r UAC mac► •2*` EXHIBIT G: Lot 2 and 4 Elevations f -TIM, E- T _ 1 �r rr� y NCw EXHIBIT H: Exterior Color & Material Sample Board EXHIBIT I: Tree Protection Plan CCI, 1 4 3 t z CCI, 1 4 AA r �j1 COU CCI, 1 4 ATTACHMENT 6: Draft Resolution PC 2004-0090 PD -7 Master Plan of Development (CUP 2003-0097)/ZCH 2003-0047/TPM 2004-0061 Approval of Proposed Tentative Parcel Map DRAFT RESOLUTION PC 2004-0090 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE VESTING TENTATIVE PARCEL MAP 2004- 0061 A FOUR LOT MAP CONSISTENT WITH A PD -7 OVERLAY ZONE OF APN 031-152-003 (7500 NAVAJOA AVEJ HIGGINS) WHEREAS, an application has been received from Lynne Higgins (7500 Navajoa Ave., Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a zone change from RMF -10 (Residential Multi=Family) to RMF -10 / PD -7 (Residential Multi=Family with Planned Development Overlay #7) with the adoption of a Master Plan of Development and a four lot residential Tentative Parcel Map on APN 031-152-003 and, and, WHEREAS, the site's General Plan Designation is MDR (Medium -Density Residential); WHEREAS, the site's current zoning district is RMF -10 (Residential Multi -Family); and, WHEREAS, the Planning Commission has recommended that a site be rezoned to include a PD -7 overlay with a Master Plan of Development thereby allowing a four lot subdivision of the site; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Parcel Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on August 3, 2004, studied and considered Tentative Parcel Map 2004-0061, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, NOW, THEREFORE, the Planning Commission takes the following actions: Section 1. Findings of Approval for Tentative Parcel Map, the Planning Commission of the City of Atascadero finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District #7 Master Plan of Development (CUP 2003-0097). 4. The site is physically suitable for the type of development proposed. 5. The site is physically suitable for the density of development proposed. 6. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 7. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 8. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on August 3, 2004, resolved to recommend that the City Council approval of Tentative Parcel Map (TPM 2004-0061) subject to the following: 1. Exhibit A: Vesting Tentative Parcel Map 2004-0061 2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) CITY OF ATASCADERO, CA Bob Kelley Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Vesting Tentative Parcel Map 2004-0061 Exhibit B: Conditions Of Approval / Mitigation Monitoring Program Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 7500 Nava oa Ave. BL: Business License GP: Grading Permit Services BS: Building PD -7 Master Plan of Development BP: Building Permit Services CUP 2003-0097/ZCH 2003-0061 FI: Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police FO: Final Occupancy Department CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. The approval of this Tentative Parcel Map shall not become FM PS final and effective following approval of Zone Change 2003- 0047 and CUP 2003-0097. 2. Approval of this Tentative Parcel Map shall be valid for two FM 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 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 design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The Parcel Map shall be subject to additional fees for park or FM PS recreation purposes (QUIMBY Act) as required by City Ordinance. 5. The granting of this entitlement shall apply to the property On going PS located at APN 031-152-003 regardless of owner. 6. The Final Map shall be drawn in substantial conformance with FM PS the approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 7. The subdivider shall defend, indemnify, and hold harmless FM PS the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 8. Affordable Housing Requirement: The applicant shall either FM PS, CE set aside one housing unit at the moderate category rate for a period of 30 years and pay in -lieu fees for the factional portion owed in excess of one unit, or pay an in -lieu fee based on 5.00% of the construction valuation of each of the market rate units. 9. Workforce Housing FM PS, CE Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve 1/2 of the units for sale to residents Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 7500 Nava oa Ave. BL: Business License GP: Grading Permit Services BS: Building PD-7 Master Plan of Development BP: Building Permit Services CUP 2003-0097/ZCH 2003-0061 FI: Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police FO: Final Occupancy Department CE: City Engineer WW: Wastewater CA: City Attorney or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60-days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved; and ■ The City Attorney shall approve the final form of the agreement. Fire Marshal 10. The location of all existing and proposed fire hydrants shall FM CE be shown on subsequent building permit applications. 11. A letter shall be provided from Atascadero Mutual Water FM CE Company stating the minimum expected water available to the site. Amount available must meet minimum requirement specified in the California Fire Code. 12. Address signage design shall be provided prior to issuance FM CE of any subsequent building permits. City Engineer Project Conditions 13. Gravity mains and other sewer facilities within the BP PW subdivision shall be privately owned and maintained. 14. Prior to recording the final map, provisions for the repair and FM PW maintenance of the private sewer shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private sewer, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. 15. Applicant shall pay sewer Extension (Annexation), BP PW Connection and Reimbursement fees (if applicable) upon issuance of building permit. 16. 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 piping shall be protected from backflow of sewage by installing an approved type backwater valve Fixtures above Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 7500 Nava oa Ave. BL: Business License GP: Grading Permit Services BS: Building PD-7 Master Plan of Development BP: Building Permit Services CUP 2003-0097/ZCH 2003-0061 FI: Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police FO: Final Occupancy Department CE: City Engineer WW: Wastewater CA: City Attorney such elevation shall not discharge through the backwater valve. 17. Each building shall be separately and independently BP PW connected with the public sewer. 18. The applicant shall address stormwater detention to the BP/GP/FM PW satisfaction of the City Engineer, prior to grading and drainage approval, or approval of the final map. 19. Existing drainage patterns from adjacent properties shall BP PW not be obstructed. 20. All drainage from improvements shall cross property lines FM PW within drainage easements. 21. Private utility easements will be required for sewer laterals FM PW that cross private property lines. City Engineer Standard Conditions 22. 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. 23. 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. 24. 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. 25. The Subdivision Improvement Agreement shall record FM PW concurrently with the Final Map. 26. An encroachment permit shall be obtained prior to the BP PW issuance of building permit. 27. The applicant shall be responsible for the relocation and/or BP PW alteration of existing utilities. 28. 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. 29. The applicant shall monument all property corners for FM PW construction control and shall promptly replace them if disturbed. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 7500 Nava oa Ave. BL: Business License GP: Grading Permit Services BS: Building PD-7 Master Plan of Development BP: Building Permit Services CUP 2003-0097/ZCH 2003-0061 FI: Final Inspection TO: Temporary FD: Fire Department Occupancy FO: Final Occupancy PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 30. The applicant shall acquire title interest in any off-site land FM PW 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. 31. Slope easements shall be provided as needed to FM PW accommodate cut of fill slopes. 32. Drainage easements shall be provided as needed to FM PW accommodate both public and private drainage facilities. 33. A preliminary subdivision guarantee shall be submitted for FM PW review in conjunction with the processing of the parcel map. 34. 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, hey shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 35. 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. 36. 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. 37. 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. 38. Prior to recording the parcel map, the applicant shall pay all FM PW outstanding plan check/inspection fees. 39. Prior to recording the map, the applicant shall complete all FM PW improvements required by these conditions of approval. 40. 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 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 7500 Nava oa Ave. BL: Business License GP: Grading Permit Services BS: Building PD-7 Master Plan of Development BP: Building Permit Services CUP 2003-0097/ZCH 2003-0061 FI: Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police FO: Final Occupancy Department CE: City Engineer WW: Wastewater CA: City Attorney 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. 41. 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. 42. 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. 43. Prior to the final inspection, the applicant shall submit a FM PW written 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 44. Before recordation of the final map, the applicant shall BP BS 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. 45. Before the start of construction on the water system BP BS improvements, the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. 46. Before issuance of building permits, the applicant shall BP BS obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. 47. Separate legal parcels require separate water meters for BP BS domestic water service. Mitigation Measures Mitigation Measure 3.b.1 : The project shall be conditioned to comply BP BS 3.b.1 with all applicable District regulations pertaining to the control of fugitive dust (PM-10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment Conditions of Approval / Mitigation Monitoring Program 7500 Nava oa Ave. PD -7 Master Plan of Development CUP 2003-0097/ZCH 2003-0061 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure • Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). • Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. • Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. 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. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 7500 Nava oa Ave. BL: Business License GP: Grading Permit Services BS: Building PD -7 Master Plan of Development BP: Building Permit Services CUP 2003-0097/ZCH 2003-0061 FI: Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police FO: Final Occupancy Department CE: City Engineer WW: Wastewater CA: City Attorney 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 finis h grading of any structure. Mitigation Measure 4.e.1 : The building permit site plan shall identify all GP PS/BS 4.e.1 protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan. Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. Mitigation Measure 4.e.2: The Precise Grading Plan shall identify tree GP PS/BS 4.e.2 protection fencing around the dripline of each existing on-site tree and/or native shrub mass within 20 feet of construction activity. Mitigation Measure 4.e.3: Grading and excavation and grading work BP PS/BS 4.e.3 shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within the area of work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Conditions of Approval / Mitigation Monitoring Program 7500 Nava oa Ave. PD -7 Master Plan of Development CUP 2003-0097/ZCH 2003-0061 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Mitigation Measure 4.e.4: The developer shall contract with a certified GP PS/BS 4.e.4 arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a). A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b). Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c). As specified by the arborist report and City staff: ■ Fencing: Must be a minimum of 4' high, chain link, and snow or safety fence, staked at the drip -line or line of encroachment for each tree or group of trees. Tree fencing shall be erected before demolition, grading, or construction begins and remains in place until final inspection of the project permit, except for work specifically required in the approved plans in which case the project arborist or Planning Staff must be consulted. ■ Soil Aeration Methods: Soils under drip -lines that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include waterjetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with a 24" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist shall advise. ■ Chip Mulch: All areas within the drip -line of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction. • Trenching within the Drip -line: All trenching under drip -lines of native trees shall be hand dug, augured or bored. All major roots shall be avoided whenever possible. All exposed roots larger than 1" in diameter shall be `clean cut with a sharp pruning tool and not left ragged. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 7500 Nava oa Ave. BL: Business License GP: Grading Permit Services BS: Building PD-7 Master Plan of Development BP: Building Permit Services CUP 2003-0097/ZCH 2003-0061 FI: Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police FO: Final Occupancy Department CE: City Engineer WW: Wastewater CA: City Attorney ■ Grading within drip-line: Grading should not encroach within the drip-line. If grading is necessary, construction of retaining walls or tree wells or other protection measures may be necessary to insure the survivability of the trees. Chip mulch 4-6" in depth may also be required in these areas. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. ■ Exposed Roots: Any exposed roots shall be recovered the same day they were exposed. ■ Paving within the Drip-line: Pervious surfacing is required within the dripline of any oak trees. ■ Compaction: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. ■ Existinci Surfaces: The existing ground surface within the drip-line of all oak trees shall not be cut, filled, compacted or pared. • Construction materials and waste: No liquid or solid construction waste shall be dumped on the ground within the drip-line of any oak tree. ■ Arborist Monitoring: During construction an arborist shall be present when encroaching within the dripline of any Oak tree. (d). Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction-related tree protection measures are no longer required for tree protection. Mitigation Measure 6.b.1 : The grading permit application plans shall GP BS 6.b.1 include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.1: A soils report shall be required to be GP BS 6.c.1 submitted with a future building permit by the building department. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning 7500 Nava oa Ave. BL: Business License Services BS: Building PD -7 Master Plan of Development GP: Grading Permit BP: Building Permit Services CUP 2003-0097/ZCH 2003-0061 FI: Final Inspection TO: Temporary FD: Fire Department Occupancy PD: Police FO: Final Occupancy Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 8.e.f.1: The developer is responsible for ensuring GP BS 8.e.f.1 that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop work orders. Mitigation Measure 11.d.1 : All construction activities shall comply with GP BS 11.d.1 the City of Atascadero Noise Ordinance for hours of operation. \\Cityhall\CDvlpmnt\- ZCH - Zone Change\ZC 03\ZCH 2003-0053. San Jacinto PD7\ZCH 2003-0053 PC-SR.kg.doc ITEM NUMBER: 4 DATE: 08/03/04 Atascadero Planning Commission Staff Report - Community Development Department Tree Removal Permit TRP 2004-0051 (1240 EI Camino Real: Zhang) SUBJECT: Request to remove one (1) White Oak tree over 24 -inches in diameter located at 1240 EI Camino Real. RECOMMENDATION: Staff recommends: The Planning Commission adopt Resolution PC 2004-0092 to approve the request to remove one native oak tree subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance. SITUATION AND FACTS: 1. Applicant/Owner: Lixia Zhang, 1240 EI Camino Real, Atascadero, CA 93422 2. Certified Arborist: Steven G. Alvarez, 1615 Lupine Lane, Templeton, CA 93465 3. Project Address: 1240 EI Camino Real Atascadero, CA 93422 APN 049-093-017 ANALYSIS: The applicant is proposing to remove one (1) White Oak tree, 40" dbh, on a site that is zoned Commercial Park (CPK) with an existing residential care facility. 08-03-04 TRP 2004-0051 1240 ECR.PC-SR ITEM NUMBER: 4 DATE: 08/03/04 The applicant has requested the removal of the street tree as recommended by a certified arborist. The arborist has determined that the tree is a significant future hazard to pedestrians and vehicular traffic. The arborist has concluded that the tree has cavity rot and decay within the support system of the tree. The City of Atascadero's Tree Ordinance requires that mitigation for native tree removals be implemented as a condition of approval. The arborist's report concludes that the native oak tree to be removed is in poor condition and, due to its placement in relation to the vehicular traffic, presents a hazard and could potentially cause damage to persons and property. Staff is recommending that the applicant replant trees or pay into the tree mitigation fund to mitigate removal of the tree in accordance with the requirements for commercial/multi-family residential tree removals. The proposed mitigation is shown in the following table. DECIDUOUS NATIVE TREE REMOVAL INCHES TYPE CONDITION LOCATION 1. 40" WHITE OAK HAZARDOUS FRONT OF 1240 ECR TOTAL = 40" PLANT (13) FIVE GALLON LIVE OAKS OR PAY $666.67 INTO MITIGATION 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 #1 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; 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 08-03-04 TRP 2004-0051 1240 ECR.PC-SR ITEM NUMBER: 4 DATE: 08/03/04 Planner and determined by the Community Development Department based on the following factors: • Early consultation with the City; • Consideration of practical design alternatives,- Provision lternatives;Provision of cost comparisons (from applicant) for practical design alternatives; • If saving tree eliminates all reasonable uses of the property; or • If saving the tree requires the removal of more desirable trees. CONCLUSION: The applicant has submitted a tree condition statement as prepared by a certified arborist. The tree has been determined to be in poor condition and, due to their proximity vehicular traffic, has been determined to be a potential hazard. PREPARED BY: Lisa Wilkinson, Assistant Planner ATTACHMENTS: Attachment 1: Aerial Photo Attachment 2: Draft Resolution PC 2004-0092 Exhibit A: Conditions of Approval Exhibit B: Arborist Report 08-03-04 TRP 2004-0051 1240 ECR.PC-SR ITEM NUMBER: 4 DATE: 08/03/04 Attachment 1 Aerial of 1240 EI Camino Real TTw r i ,\, , y 08-03-04 TRP 2004-0051 1240 ECR.PC-SR ITEM NUMBER: 4 DATE: 08/03/04 Attachment 2: Draft Resolution PC 2004-0092 Tree Removal - TRP 2004-0051 DRAFT RESOLUTION PC 2004-0092 A RESOLUTION OF THE PLANNING COMMISSION OF ATASCADERO APPROVING A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL OF ONE NATIVE OAK TREE LOCATED AT 1240 EL CAMINO REAL. (TRP 2004-0051/Zhang) WHEREAS, an application for a Tree Removal Permit has been received from, Lixia Zhang, 1240 El Camino Real, CA 93422, to allow the removal of one native White Oak tree located at 1240 El Camino Real; and, WHEREAS, the proposed project is located within the General Commercial (CG) land use designation of the City of Atascadero's General Plan Land Use Diagram; and, WHEREAS, the proposed project is located in the Commercial Park (CPK) zoning district; and, WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on August 3, 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 dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist; SECTION 2. Approval. The Planning Commission hereby approves Tree Removal Permit 2004-0051 subject to the following Conditions and Exhibits: Exhibit A: Conditions of Approval Exhibit B: Arborist Report 08-03-04 TRP 2004-0051 1240 ECR.PC-SR ITEM NUMBER: 4 DATE: 08/03/04 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: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA Bob Kelley Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary 08-03-04 TRP 2004-0051 1240 ECR.PC-SR ITEM NUMBER: DATE: 08/03/04 Exhibit A: Conditions of Approval Tree Removal - TRP 2004-0051 Conditions of Approval Timing Responsibility Mitigation TRP 2004-0051 /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 $666.67 into the tree fund as PR PS mitigation for the tree removal or plant the equivalent. 2. No tree removals shall be allowed prior to the PR PS dbh notes dbh notes 1 40 -inches 1 0 -inches 2 2 3 3 4 4 5 5 6 6 Total 40 -inches Total 0 -inches 40 -inches Mitigation Requirement req'd tree replacements: 13 five gal trees req'd tree replacements: 0 five gal trees 13 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees 24" 0 box trees 24" 0 box trees 24" Remaining Mitigation 13 five gal trees Remaining Mitigation 0 five gal trees 13 five gal trees Tree Fund Payment: $ 666.67 Tree Fund Payment: $ $ 666.67 08-03-04 TRP 2004-0051 1240 ECR.PC-SR ITEM NUMBER: 4 DATE: 08/03/04 Exhibit B: Arborist Report Tree Removal - TRP 2004-0051 -• EVALUATION OF HAZARD TREES J ar` A Photograchic Gulc:e •o the Evaluation of Hazarh Trees rirbar Areas - - TREE HAZARD E L UATION FORM 2nd Edition ' / �� S•CLY ��Y/ O• �� .re Anrs! /1 Y� l le ,:..,, "ZAAO fLLNIG =atrt Svd geek +IZYe .wrrC prOlrC ;IrrWfl ✓ alknown^ _ ?•'er Ame✓niu• YTon aweg aka0 I 'fro.:itt reyA etc, � �C- ✓ L V l UU/ Q tnmeQult W A- —'me al iii .ntddcil0e 'e 'dem tunrrrt rnSctX:w �ex'ree TREE CHARACTERISTICS 'ret t _t%` Spbclds Cy el • •!r 6Crl/- DSM �� • _ I M wuntd / nt.ghl. 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Y tv occpaaq' CwAswouse [Drdemment uw cftreo l u2 r: contain use 'At wemaxna Soc e y at Amor-Mfe assurers ra reswmlW4 fa 4:*WWwns W MIDOe Odanar. denv+ed tram use d ata Wm Specimen: TREE: HAZARD EVALUATION FORM, Page I 08-03-04 TRP 2004-0051 1240 ECR.PC-SR ITEM NUMBER: 7 DATE: 08/03/04 Atascadero Planning Commission Staff Report - Community Development Department Tree Removal Permit TRP 2004-0054 (4110 Traffic Way: Fkiaras) SUBJECT: Request to remove seven (7) Live Oak trees, two of which are over 24 -inches in diameter, in conjunction with the development of a 1,888 square -foot single family residence with an attached 567 square foot garage located at 4110 Traffic Way. Access is proposed off of Seperado Avenue. RECOMMENDATION: Staff recommends: The Planning Commission adopt Resolution PC 2004-0093 to approve the request to remove seven native oak trees subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance. Situation and Facts: 1. Applicant/Owner: Marilyn Fkiaras, 5304 Elmhurst Street, Ventura, CA 93003 2. Certified Arborist: Chuck Scovell, Scovell Tree Surgery, 3850 Maricopa Road, Atascadero, CA 93465 3. Project Address: 4110 Traffic Way Atascadero, CA 93422 APN 049-033-010 ANALYSIS: The project site proposes the removal of seven (7) Live Oak trees, for the development 08-03-04 TRP 2004-0054.PC-SR ITEM NUMBER: 7 DATE: 08/03/04 of a 1,888 square -foot single-family residence with an attached 567 square foot garage. The site is moderately wooded and contains moderate to steep slopes. 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 table below. 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, 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 08-03-04 TRP 2004-0054.PC-SR NONDECIDUOUS NATIVE TREE REMOVAL INCHES TYPE CONDITION TREE NUMBER 1. 30 LIVE OAK GOOD 2 2. 36 LIVE OAK GOOD 3 3. 16 LIVE OAK GOOD 4 4. 16 LIVE OAK GOOD 5 5. 18 LIVE OAK GOOD 6 6. 6 LIVE OAK GOOD 7 7. 12 &10 LIVE OAK GOOD 8 TOTAL -144" PLANT 24 FIVE GALLON NATIVE TREES OR PAY $1,200.00 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, 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 08-03-04 TRP 2004-0054.PC-SR ITEM NUMBER: 7 DATE: 08/03/04 Site Planner and determined by the Community Development Department based on the followina factors: • Early consultation with the City; • Consideration of practical design alternatives; • Provision of cost comparisons (from applicant) for practical design alternatives; • If saving tree eliminates all reasonable uses of the property; or • If saving the tree requires the removal of more desirable trees. CONCLUSION: The applicant has submitted a tree protection plan with arborist notation. Staff has determined that the trees are obstructing proposed improvements. PREPARED BY: Lisa Wilkinson, Assistant Planner ATTACHMENTS: Attachment 1: Aerial Photo Attachment 2: Draft Resolution PC 2004-0093 Exhibit A: Conditions of Approval Exhibit B: Tree Protection Plan 08-03-04 TRP 2004-0054.PC-SR ITEM NUMBER: 7 DATE: 08/03/04 Attachment 1: Aerial of 4110 Traffic Way ,_. �� w til R `j k i. - 08-03-04 TRP 2004-0054.PC-SR ITEM NUMBER: 7 DATE: 08/03/04 Attachment 2: Draft Resolution PC 2004-0093 Tree Removal - TRP 2004-0054 DRAFT RESOLUTION PC 2004-0093 A RESOLUTION OF THE PLANNING COMMISSION OF ATASCADERO APPROVING A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL OF SEVEN NATIVE OAK TREES LOCATED AT 4110 TRAFFIC WAY. (TRP 2004-0054/Fkiaras) WHEREAS, an application for a Tree Removal Permit has been received from, Marilyn Fkiaras, 5304 Elmhurst Street, Ventura, CA 93003, to allow the removal of seven native trees located at 4110 Traffic Way; and, WHEREAS, the proposed project is located within the Single Family Residential -X 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-Y) zoning district; and, WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on August 3, 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, 08-03-04 TRP 2004-0054.PC-SR ITEM NUMBER: 7 DATE: 08/03/04 SECTION 2. Approval. The Planning Commission hereby approves Tree Removal Permit 2004-0054 subject to the following Conditions and Exhibits: Exhibit A: Conditions of Approval Exhibit B: 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: I•' S CITY OF ATASCADERO, CA Bob Kelley Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary 08-03-04 TRP 2004-0054.PC-SR ITEM NUMBER: DATE: 08/03/04 Exhibit A: Conditions of Approval Tree Removal - TRP 2004-0054 Conditions of Approval Timing Responsibility TRP 2004-0054 /Monitoring 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 $1,200 into the tree fund as PR PS mitigation for the tree removal or plant 24 5 -gallon 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. Evergreen Native Trees (inches) Totals dbh notes 1 30 -inches 2 36 -inches 3 16 -inches 4 16 -inches 5 18 -inches 6 6 -inches 7 22 -inches 8 Total 144 -inches 144 -inches Mitigation Requirement Tree replacements: 24 five gal trees or equivalent Tree Fund Payment: $ 1,200.00 $ 1,200.00 08-03-04 TRP 2004-0054.PC-SR Exhibit 13: Tree Protection Plan Tree Removal - TRP 2004-0054 � ------- ------- ` . ` ITEM NUMBER: 7 DATE: 08/03/04 `- -�~-_- -. . � �) 08-03'04 TRP2O0400s4.pC'SR ITEM NUMBER: 5 DATE: 08/03/04 Atascadero Planning Commission Staff Report - Community Development Department Tree Removal Permit TRP 2004-0055 (5215 Mercedes Ave: Woodard) SUBJECT: Request to remove eight (8) native trees, one of which is over 24 -inches in diameter, in conjunction with the development of a 2,851 square -foot single family residence with an attached 612 square foot garage located at 5215 Mercedes Avenue. RECOMMENDATION: Staff recommends: The Planning Commission adopt Resolution PC 2004-0091 to approve the request to remove eight native trees subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance. Situation and Facts: 1. Owner: Jesse and Misha Woodard, 5477 Capistrano Avenue, Atascadero, CA 93422 2. Representative: Davis Engineering, 5100 Fresno Avenue, Atascadero, CA 93422 3. Certified Arborist: Steven G. Alvarez, 1615 Lupine Lane, Templeton, CA 93465 4. Project Address: 5215 Mercedes Avenue Atascadero, CA 93422 APN 028-215-016 08-03-04 TRP 2004-0055 Mercedes Ave.PC-SR ITEM NUMBER: 5 DATE: 08/03/04 -, ' 13 The project site proposes the removal of eight (8) native trees, including one (1) Toyon bush, one (1) Live Oak, five (5) White Oaks, and one (1) Blue Oak, for the development of a 2,851 square -foot single-family residence with an attached 612 square foot garage. The site is heavily wooded and contains 25% slopes. Retaining walls and a stem wall are integrated into the project to further impact to the surrounding trees and natural topography. 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 table below. A mitigation deposit will be assessed for the 50% development impact to tree #6, #7, #8, #9 and #10 (Exhibit A, Condition 3). 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; 08-03-04 TRP 2004-0055 Mercedes Ave.PC-SR NONDECIDUOUS NATIVE TREE REMOVAL INCHES TYPE CONDITION TREE NUMBER 1. 7" TOYON POOR 11 2. 28" LIVE OAK DEAD 12 3. 9" WHITE OAK POOR 6 4. 5" WHITE OAK GOOD 13 5. 4" WHITE OAK GOOD 15 6. 3" WHITE OAK GOOD 14 7. 10" WHITE OAK GOOD 16 8. 3" BLUE OAK POOR 17 TOTAL =69" PLANT 12 (5) FIVE GALLON NATIVE TREES OR PAY $575 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; 08-03-04 TRP 2004-0055 Mercedes Ave.PC-SR ITEM NUMBER: 5 DATE: 08/03/04 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; 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 savina the tree reauires the removal of more desirable trees. The applicant has submitted a tree protection plan with arborist notation. Staff has determined that the trees are obstructing proposed improvements. PREPARED BY: Lisa Wilkinson, Assistant Planner ATTACHMENTS: Attachment 1: Aerial Photo Attachment 2: Draft Resolution PC 2004-0091 Exhibit A: Conditions of Approval Exhibit B: Tree Protection Plan 08-03-04 TRP 2004-0055 Mercedes Ave.PC-SR Attachment 1: Aerial of 5215 Mercedes Ave r , Prect Site r 08-03-04 ITEM NUMBER: 5 DATE: 08/03/04 TRP 2004-0055 Mercedes Ave.PC-SR ITEM NUMBER: DATE: 08/03/04 Attachment 2: Draft Resolution PC 2004-0091 Tree Removal - TRP 2004-0055 DRAFT RESOLUTION PC 2004-0091 A RESOLUTION OF THE PLANNING COMMISSION OF ATASCADERO APPROVING A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL OF EIGHT NATIVE TREES LOCATED AT 5215 MERCEDES AVENUE. (TRP 2004-0055/Woodard) WHEREAS, an application for a Tree Removal Permit has been received from, Jesse Woodard, 5477 Capistrano Avenue, CA 93422, to allow the removal of eight native trees located at 5215 Mercedes Avenue; and, WHEREAS, the proposed project is located within the Single Family Residential -Y 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 -Y (RESF-Y) zoning district; and, WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on August 3, 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, 08-03-04 TRP 2004-0055 Mercedes Ave.PC-SR ITEM NUMBER: 5 DATE: 08/03/04 SECTION 2. Approval. The Planning Commission hereby approves Tree Removal Permit 2004-0055 subject to the following Conditions and Exhibits: Exhibit A: Conditions of Approval Exhibit B: 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 ATAS CADERO, CA Bob Kelley Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary 08-03-04 TRP 2004-0055 Mercedes Ave.PC-SR Exhibit A: Conditions of Approval Tree Removal - TRP 2004-0055 Conditions of Approval TRP 2004-0055 Planning Services ITEM NUMBER: 5 DATE: 08/03/04 TimingI Responsibility Mitigation (Monitoring I 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 1. The applicant shall pay $575.00 into the tree fund as PR mitigation for the tree removal or plant 12 5 -gallon trees, or equivalent. 2. Replacement trees shall be monitored fora 1 -year I FO period and maintained as specified by a certified arborist to insure the trees become established. PS PS 3. A mitigation deposit shall be collected for Tree #6, BP or GP and PS/Arborist #7, #8, #9, and #10 in the amount of $958.33. The FO deposit will be refunded to the applicant if the trees are in equivalent health prior to final occupancy, and Evergreen Native Trees (inches) Totals dbh notes 1 9 -inches 2 7 -inches 3 28 -inches 4 5 -inches 5 3 -inches 6 4 -inches 7 10 -inches 8 3 -inches Total 69 -inches 69 -inches Mitigation Requirement Tree replacements: 12 five gal trees or equivalent Tree Fund Payment: $ 575.00 $ 575.00 08-03-04 TRP 2004-0055 Mercedes Ave.PC-SR ITEM NUMBER: 5 DATE: 08/03/04 Exhibit 13: Tree Protection Plan Tree Removal - TRP 2004-0055 08-03-04 TRP 2004-0055 Mercedes Ave.PC-SR r 08-03-04 TRP 2004-0055 Mercedes Ave.PC-SR ITEM NUMBER: 6 DATE: 08/03/04 Atascadero Planning Commission Staff Report - Community Development Department Tree Removal Permit TRP 2004-0056 (8335 San Marcos: Bart) SUBJECT: Request to remove six (6) Live Oak trees, three of which are over 24 -inches in diameter, in conjunction with the development of a 2,422 square -foot single family residence with a detached 800 square foot garage located at 8335 San Marcos Road. RECOMMENDATION: Staff recommends: The Planning Commission adopt Resolution PC 2004-0094 to approve the request to remove six (6) native oak trees subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance. Situation and Facts: 1. Owner/Applicant: Charles and Patricia Bart, 15709 N.W. Rondos Drive, Portland, OR 97229 2. Certified Arborist: Steven G. Alvarez, 1615 Lupine Lane, Templeton, CA 93465 3. Project Address: 8335 San Marcos Road Atascadero, CA 93422 APN 031-211-008 ANALYSIS: The project site proposes the removal of six (6) Live Oak trees, for the development of a 2,422 square -foot single-family residence with a detached 800 square foot garage. The 08-03-04 TRP 2004-0056.PC-SR ITEM NUMBER: 6 DATE: 08/03/04 proposed residence consists of an upper and lower level to create a smaller footprint. Grading is further minimized by the construction of retaining walls. The ste contains moderate slopes and several native trees. The City of Atascadero's Native 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 table below. A mitigation deposit will be assessed for 50% or more development impact to tree #1, #2, #10, #11, #15, and #19 (Exhibit A, Condition 3). 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; 08-03-04 TRP 2004-0056.PC-SR NONDECIDUOUS NATIVE TREE REMOVAL INCHES TYPE CONDITION TREE NUMBER 1. 26 LIVE OAK FAIR 5 2. 36 LIVE OAK FAIR 6 3. 26 LIVE OAK POOR 7 4. 10 LIVE OAK FAIR 9 5. 3XI1 LIVE OAK FAIR 12 6. 3X8 LIVE OAK POOR 13 TOTAL =117" PLANT 20 (5) FIVE GALLON NATIVE TREES OR PAY $975 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; 08-03-04 TRP 2004-0056.PC-SR ITEM NUMBER: 6 DATE: 08/03/04 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 savina the tree reauires the removal of more desirable trees. CONCLUSION: The applicant has submitted a tree protection plan with arborist notation. Staff has determined that the trees are obstructing proposed improvements. PREPARED BY: Lisa Wilkinson, Assistant Planner ATTACHMENTS: Attachment 1: Aerial Photo Attachment 2: Draft Resolution PC 2004-0094 Exhibit A: Conditions of Approval Exhibit B: Tree Protection Plan 08-03-04 TRP 2004-0056.PC-SR ITEM NUMBER: 6 DATE: 08/03/04 Attachment 1: Aerial of 8335 San Marcos Road Directions: From EI Camino Real, take Morro Road/Highway 41 toward Morro Bay. Make a right on San Andres Avenue. Make a left onto San Marcos Road. The project site is located past Curbaril Avenue on the left hand side. 08-03-04 TRP 2004-0056.PC-SR ITEM NUMBER: 6 DATE: 08/03/04 Attachment 2: Draft Resolution PC 2004-0094 Tree Removal - TRP 2004-0056 DRAFT RESOLUTION PC 2004-0094 A RESOLUTION OF THE PLANNING COMMISSION OF ATASCADERO APPROVING A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL OF SIX NATIVE OAK TREES LOCATED AT 8335 SAN MARCOS AVENUE. (TRP 2004-0056/Bart) WHEREAS, an application for a Tree Removal Permit has been received from, Charles and Patricia Bart, 15709 N.W. Rondos Drive, Portland, OR 97229, to allow the removal of six Live Oak trees located at 8335 San Marcos Avenue; and, WHEREAS, the proposed project is located within the Single Family Residential -Z 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 -Z (RESF-I) zoning district; and, WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on August 3, 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, 08-03-04 TRP 2004-0056.PC-SR ITEM NUMBER: 6 DATE: 08/03/04 SECTION 2. Approval. The Planning Commission hereby approves Tree Removal Permit 2004-0056 subject to the following Conditions and Exhibits: Exhibit A: Conditions of Approval Exhibit B: 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: I•' S CITY OF ATASCADERO, CA Bob Kelley Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary 08-03-04 TRP 2004-0056.PC-SR Exhibit A: Conditions of Approval Tree Removal - TRP 2004-0056 Conditions of Approval TRP 2004-0056 Planning Services ITEM NUMBER: 6 DATE: 08/03/04 TimingI Responsibility (Monitoring 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 1. The applicant shall pay $975.00 into the tree fund as PR mitigation for the tree removal or plant 20 5 -gallon trees, or equivalent. 2. Replacement trees shall be monitored fora 1 -year FO period and maintained as specified by a certified arborist to insure the trees become established. PS PS 3. A mitigation deposit shall be collected for $983.33. 1 BP or GP and PS/Arborist This deposit will be refunded to the applicant if the FO trees are in equivalent health prior to final occupancy, and verified by a letter from the project Evergreen Native Trees (inches) Totals dbh notes 1 26 -inches 2 36 -inches 3 26 -inches 4 10 -inches 5 11 -inches 6 8 -inches 7 8 Total 117 -inches 117 -inches Mitigation Requirement Tree replacements: 20 five gal trees or equivalent Tree Fund Payment: $ 975.00 $ 975.00 08-03-04 TRP 2004-0056.PC-SR ITEM NUMBER: 6 DATE: 08/03/04 Exhibit B: Tree Protection Plan Tree Removal - TRP 2004-0056 • 1•� I �r t • 08-03-04 TRP 2004-0056.PC-SR rr+• .r..r. wr•. r.s.w.r,r rI wr�._w r_ �w.rrsr. R •_. —�rr.wr.w. • .rr. wrMlw_r.w�_r_ w - _� � _ rrwrr++_ter. wwY.rw'1r .�- Sf • 1•� I �r t • 08-03-04 TRP 2004-0056.PC-SR