HomeMy WebLinkAboutPC_2004-08-17_AgendaPacketCITY OFATASCADERO
PLANNING COMMISSION AGENDA
Regular Meeting
August 17, 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 AUGUST 3, 2004.
2. ACCEPTANCE OF FINAL MAP 2004-0086: ESCONDIDO ROAD AND SAN
GABRIEL ROAD.
COMMUNITY DEVELOPMENT STAFF REPORTS
3. TREE REMOVAL PERMIT 2004-0050
Applicant
Bob Phillips, 3111 Falda Rd., Atascadero, CA 93422
Project Title
Phone: 466-1437
Project Title
Tree Removal Permit 2004-0050
Project Location
8424 Alta Vista, Atascadero, CA 93422
Project
APN 031-112-014
Project
Request to remove four (4) Live Oak trees, one of which is over 24 -inches in diameter at breast height (dbh),
Description
in conjunction with the development of a 2,200 square -foot single family residence with an attached 440
square foot garage located at 8424 Alta Vista Avenue.
4. TREE REMOVAL PERMIT 2004-0054
Applicant
Marilyn Fkiaras, 5304 Elmhurst St., Ventura, CA 93003
Project Title
Phone: 642-8816
Project Title
Tree Removal Permit 2004-0054
Project Location
4110 Traffic Way, Atascadero, CA 93422
Project
APN 049-033-010
Project
Request to remove seven (7) Live Oak trees, two of which are over 24 -inches in diameter, in conjunction with
Description
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.
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).)
5. DOVE CREEK MIXED-USE DEVELOPMENT, ZONE CHANGE 2003-00499
CONDITIONAL USE PERMIT 2003-0099, TENTATIVE TRACT MAP 2003-0033.
Applicant
Bermant Development Company, 5383 Hollister Avenue, Suite 150, Santa Barbara, CA 93111,
Phone: 964-7200
Project Title
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
Santa Barbara Road and El Camino Real, Atascadero, CA 93422 (San Luis Obispo County)
Location
APN 45-342-03, 45-381-10, 45-381-07, 45-381-09, 45-331-02, 45-331-04, 45-331-08, 45-331-01,
45 -342 -05,45 -342-04,45-342-13,45-342-01,45-342-08,45-342-02,45-352-05.
Project
The proposed project is a 64 -acre residential and commercial project located in the southern
Description
portion of the City of Atascadero at the northwest corner of Santa Barbara Road and EI
Camino Real. The project includes 279 residential dwelling units clustered in five villages
totaling 40 acres separated by open space areas. The three residential product types are
detached single-family homes on 5,000 square foot lots, clusters of six homes on a common
courtyard, and attached town homes of four and five residences per building. The commercial
center includes approximately 60,000 square feet on approximately 6.0 acres in the
southeastern corner of the site. There are approximately 18 acres of permanent open space
that includes two seasonal creeks and associated floodways, a 1.6 -acre wetland, and wooded
oak knoll adjacent to Highway 101. Recreational amenities include a centrally located one -
acre park, tot -lot pocket park, and trails connecting to pedestrian walkways.
Environmental
Based on the initial study prepared for the project, a Mitigated Negative Declaration is
Determination
proposed. The proposed Negative Declaration is available for public review from 6/17/04
through 8/14/04 at 6905 EI Camino Real, Suite 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 September 7, 2004, at the
Pavilion on the Lake, 9315 Pismo Avenue, Atascadero.
Please note: Should anyone challenge in court any proposed development entitlement listed
on this Agenda, that person may be limited to raising those issues addressed at the public
hearing described in this notice or in written correspondence delivered to the Planning
Commission at, or prior to this public hearing.
City of Atascadero
WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING
The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00
p.m., at the Pavilion on the Lake, 9315 Pismo Ave., Atascadero. Matters are considered by the
Commission in the order of the printed Agenda.
Copies of the staff reports or other documentation relating to each item of business referred to on the
Agenda are on file in the office of the Community Development Department and are available for public
inspection during City Hall Annex business hours at the Community Development counter and on our
website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero
Library, 6850 Morro Road. All documents submitted by the public during Commission meetings that are
either read into the record or referred to in their statement will be noted in the minutes and available for
review in the Community Development Department.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in
a City meeting or other services offered by this City, please contact the City Manager's Office, (805)
461-5000, or the City Clerk's Office, (805) 461-5000. Notification at least 48 hours prior to the meeting or
time when services are needed will assist the City staff in assuring that reasonable arrangements can be
made to provide accessibility to the meeting or service.
TO SPEAK ON AGENDA ITEMS
Members of the audience may speak on any item on the agenda. The Chairperson will identify the
subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will
announce when the public comment period is open and will request anyone interested to address the
Commission regarding the matter being considered to step up to the podium. If you wish to speak for,
against or comment in any way:
• You must approach the podium and be recognized by the Chairperson
• Give your name and address (not required)
• Make your statement
• All comments should be made to the Chairperson and Commission
• All comments limited to 5 minutes (unless changed by the Commission)
• No one may speak for a second time until everyone wishing to speak has had an opportunity
to do so, and no one may speak more than twice on any item.
If you wish to use a computer presentation to support your comments, you must notify the Community
Development Department at least 24 hours prior to the meeting. Access to hook up your laptop to the
City's projector will be provided. You are required to submit to the Recording Secretary a printed copy
of your presentation for the record. Please check in with the Chairperson before the meeting begins to
announce your presence and turn in the printed copy.
The Chairperson will announce when the public comment period is closed, and thereafter, no further
public comments will be heard by the Council.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, "PUBLIC HEARINGS", the Chairperson will call for anyone from the audience having
business with the Commission to:
• Please approach the podium and be recognized
• Give your name and address (not required)
• State the nature of your business
This is the time items not on the Agenda may be brought to the Commission's attention. A maximum of
30 minutes will be allowed for Community Forum (unless changed by the Commission).
ITEM NUMBER: 1
DATE: 8/17/04
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT MINUTES
Regular Meeting
August 3, 2004 — 7:00 P.M.
CALL TO ORDER
Acting Chairperson Fonzi called the meeting to order at 7:01 p.m. and led the Pledge of
Allegiance.
ROLL CALL
Present: Commissioners Beraud, Fonzi, O'Keefe, Peterson, and Porter.
Absent: Vice Chairperson Jones and Chairperson Kelley
Staff Present: Community Development Director Warren Frace, Associate
Planner Kelly Gleason, Associate Planner Kerry Margason,
Assistant Planner Lisa Wilkinson and Recording Secretary Grace
Pucci.
APPROVAL OF AGENDA
Community Development Director Warren Frace announced that Agenda Item #4 was
removed by the applicant.
MOTION: By Commissioner Beraud and seconded by Commissioner
O'Keefe to approve the agenda.
Motion passed 5:0 by a roll -call vote.
PUBLIC COMMENT
None
CONSENT CALENDAR
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.
MOTION: By Commissioner Beraud and seconded by Commissioner
Porter to approve Items #1, 2 and 3.
Motion passed 5:0 by a roll -call vote. (O'Keefe abstained on
Item # 3)
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.
This item was pulled by the applicant.
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.
Assistant Planner Lisa Wilkinson gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT — None
MOTION: By Commissioner Porter and seconded by Commissioner
Peterson to 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 and that the mitigation table is changed to reflect
the $50 for the blue oak.
Motion passed 5:0 by a roll -call vote.
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.
Assistant Planner Lisa Wilkinson gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Patricia Bart, applicant, stated that she has attempted to design a house plan that would
accommodate the difficult site. Mrs. Bart answered questions of the Commission.
Acting Chairperson Fonzi closed the Public Comment period.
MOTION: By Commissioner O'Keefe and seconded by Commissioner
Beraud to adopt Resolution PC 2004-0094 to approve the
request to remove six native oak trees subject to the
guidelines and mitigation required by the Atascadero Native
Tree Ordinance.
Motion passed 5:0 by a roll -call vote.
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:
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
attached 567 square foot garage located at 4110 Traffic Way. Access is proposed off of
Seperado Avenue.
Assistant Planner Lisa Wilkinson gave the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Patricia Cooper Holyfield expressed several concerns with the tree removals including:
erosion problems, impacts to wildlife, loss of privacy and beauty of area.
Harold Galvan stated his concerns regarding the tree removals including: access to site
from Separado, responsibility for road repair after construction, and wildlife impacts. Mr.
Galvan felt the house could be built below the trees to lessen impacts.
Fred Dyste stated his opposition to the elimination of the trees and access off of
Separado and would like to see the house constructed further down the slope to keep
the trees.
Ann Fletcher expressed her concerns including: access from Separado, number of tree
removals, erosion of Separado, construction damage to street, and fire access.
John Richardson stated his concerns with the tree removals, increased traffic noise, and
drainage. He would like to see the home access off of Traffic Way further down the hill.
Marilyn Fkiares, applicant, stated she was unaware of the neighbors' concerns, and
explained the reasons she had decided to design and site the home as proposed.
Tom Fkiares, applicant, explained why the home must be built at the top of the site.
Chuck Scovell, arborist, explained how he had determined the tree protection and
answered questions of the Commission. Mr. Scovell stated he would revise the tree
protection plans to accommodate the utility and sewer lines.
Fred Dyski questioned the number of trees marked for removal and felt there were
alternatives to the type of construction and placement of the home on the site.
Ann Fletcher distributed photographs of the property and its eastern slope to the
Commission. (Exhibit A)
Patricia Cooper Holyfield spoke about the issue of erosion which could result by
removal of the trees.
Marilyn Fkiares stated that one of the conditions of approval was that she would repave
the street if given permission to come in from Separado.
Chuck Scovell explained why the 19 trees had been marked by the surveyors.
Acting Chairperson Fonzi closed the Public Comment period.
There was Commission discussion of issues raised during the Public Comment period
and possible alternatives for the site as well as the need for additional information.
MOTION: By Commissioner Beraud and seconded by Commissioner
O'Keefe to continue this item and have more information
brought back regarding access from Traffic Way and also
potential reconfiguring to impact less trees either with stem
walls or reconfiguring of the garage to move the house over,
and the arborist be provided with the information he needs so
that he can do a more complete analysis of the trees that will
be impacted and that staff will give him direction as to how to
identify the trees, and that the City Engineer be present to
discuss the access issues on Separado.
Motion passed 5:0 by a roll -call vote.
PUBLIC HEARINGS
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.
Associate Planner Kelly Gleason gave the staff report and answered questions of the
Commission. A memorandum with changes to Resolution 2004-0088 was distributed
to the Commission. (Exhibit B)
PUBLIC COMMENT
Joe Elkins, applicant's architect, explained the original intent of this project and
answered questions of the Commission.
Joe Donalan asked if this project provided low income housing.
Acting Chairperson Fonzi closed the Public Comment period.
Associate Planner Gleason addressed the question regarding low income housing
raised during the Public Comment period.
MOTION: By Commissioner O'Keefe and seconded by Acting
Chairperson Fonzi to adopt Resolution No. PC 2004-0087
recommending that the City Council certify the Proposed
Mitigated Negative Declaration 2004-0021; and, 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 with
the addition of the staff addendum item; and, adopt Resolution
No. PC 2004-0089 recommending that the City Council approve
the Master Plan of Development based on findings and subject
to Conditions of Approval and Mitigation Monitoring; and,
adopt Resolution No. PC 2004-0090 recommending that the
City Council approve Tentative Parcel Map 2004-0061 based on
findings and subject to Conditions of Approval and Mitigation
Monitoring and that no sidewalk be required on the Santa Ynez
side of the development.
Motion passed 5:0 by a roll -call vote.
COMMISSIONER COMMENTS AND REPORTS
Commissioner O'Keefe stated she would not be here for the next Commission meeting.
Acting Chairperson Fonzi asked if the tree ordinance issue would be on the agenda for
the next Planning Commission meeting. Community Development Director Warren
Frace stated it would be best to have a full quorum of the Commission speak to this
issue and as there are two large projects on the September 7t" agenda it would be best
to place this item on the September 21St agenda.
There was Commission consensus to tentatively move the tree ordinance issue
to September 21St, and to discuss that date at the next Commission meeting.
DIRECTOR'S REPORT
Director Frace reviewed the next Planning Commission agenda and updated the
Commission on the progress of several development projects.
ADJOURNMENT
Acting Chairperson Fonzi adjourned the meeting at 8:36 p.m. to the next regularly
scheduled meeting of the Planning Commission on August 17, 2004.
MEETING RECORDED AND MINUTES PREPARED BY:
Grace Pucci, Recording Secretary.
The following exhibits are available for review in the Community Development Department:
Exhibit A — Ann Fletcher, photographs
Exhibit B — Staff memorandum with changes to Resolution 2004-0088
ITEM NUMBER: 2
DATE: 8/17/04
Planning Commission Staff Report
Acceptance of Final Map 2004-0086
Parcel Map ATAL 03-0285 (LLA 2003-0056)
Escondido Road and San Gabriel Road
Rancho de Paraiso / Wilson Land Surveys
RECOMMENDATION:
Staff Recommends:
Planning Commission accept Final Map 2004-0086 (Parcel Map ATAL 03-0285)
DISCUSSION:
On June 11, 2004 the Community Development Department administratively approved Lot
Line Adjustment 2003-0056, a Lot Line Adjustment between three lots, 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 Lot Line Adjustment.
ATTACHMENTS: Exhibit A: Parcel Map ATAL 2004-0086 (Parcel Map AT 03-
0285)
ITEM NUMBER: 2
DATE: 8/17/04
Exhibit A
Final Map 2004-0086 (Parcel Map ATAL 03-0285)
Escondido Road and San Gabriel Road
Rancho de Paraiso / Wilson Land Surveys
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ITEM NUMBER: 3
DATE: 08/17/04
Atascadero Planning Commission
Staff Report - Community Development Department
Tree Removal Permit
TRP 2004-0050
(Alta Vista Avenue: Phillips)
SUBJECT:
Request to remove four (4) Live Oak trees, one of which is over 24 -inches in diameter at
breast height (dbh), in conjunction with the development of a 2,200 square -foot single-
family residence with an attached 440 square foot garage located at 8424 Alta Vista
Avenue.
RECOMMENDATION:
Staff recommends:
The Planning Commission adopt Resolution PC 2004-0085 to approve the request to
remove four (4) native oak trees subject to the guidelines and mitigation required by the
Atascadero Native Tree Ordinance.
Situation and Facts:
1. Applicant: Bob Phillips, 3111 Falda Road, Atascadero, CA
93422
2. Certified Arborist: Jeremy Lowney, Certified Arborist #3718, Solid Oak
Tree Management, P.O. Box 13521, San Luis
Obispo, CA 93406
3. Project Address: Alta Vista
Atascadero, CA 93422
APN 031-112-014
ANALYSIS:
The project site proposes the removal of four (4) native Live Oak trees for the
08-17-04 TRP 2004-0050 Alta Vista.PC-SR 2.doc
ITEM NUMBER: 3
DATE: 08/17/04
development of a 2,200 square -foot single-family residence with an attached 440
square -foot garage. The site is heavily wooded and contains 30-40% slopes. Retaining
wall and stem walls are integrated into the project to further minimize impact to the
surrounding trees and natural topography.
In an effort to further minimize grading and reduce site disturbance, the applicant has
applied for an Administrative Use Permit to allow a sloping lot adjustment for he
garage. The adjustment would permit a five (5) foot setback from the property line.
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 pay into the tree mitigation fund to mitigate removal of the trees. The proposed
mitigation is shown in the following table.
NONDECIDUOUS NATIVE TREE REMOVAL
TREE # INCHES
TYPE CONDITION
LOCATION
14. 26"
LIVE OAK GOOD
8424 ALTA VISTA
9. 18"
LIVE OAK GOOD
8. 4"
LIVE OAK GOOD
11. 4"
LIVE OAK GOOD
TOTAL = 52"
PLANT NINE (9) FIVE GALLON LIVE OAK TREES OR PAY $433.33
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,
08-17-04 TRP 2004-0050 Alta Vista.PC-SR 2.doc
ITEM NUMBER: 3
DATE: 08/17/04
5) The tree is obstructing proposed improvements that cannot be reasonably
designed to avoid the need for tree removal, as certified by a report from the
Site Planner and determined by the Community Development Department
based on the following factors:
• Early consultation with the City;
• Consideration of practical design alternatives;
• Provision of cost comparisons (from applicant) for practical design
alternatives;
• If saving tree eliminates all reasonable uses of the property; or
• If saving the tree requires the removal of more desirable trees.
CONCLUSION:
The applicant has submitted a Tree Protection Plan and Arborist Report. The trees have
been determined to be obstructing the proposed improvements, as determined by the
project arborist.
PREPARED BY: Lisa Wilkinson, Assistant Planner
ATTACHMENTS:
Attachment 1: Aerial Photo
Attachment 2: Site Alternatives
Attachment 3: Draft Resolution PC 2004-0085
Exhibit A: Conditions of Approval
Exhibit B: Arborist Letter
Exhibit C: Tree Protection Plan
08-17-04 TRP 2004-0050 Alta Vista.PC-SR 2.doc
ITEM NUMBER:
DATE: 08/17/04
See following page.
08-17-04 TRP 2004-0050 Alta Vista.PC-SR 2.doc
ITEM NUMBER:
DATE: 08/17/04
Attachment 3: Draft Resolution PC 2004-0085
DRAFT RESOLUTION PC 2004-0085
A RESOLUTION OF THE PLANNING COMMISSION
OF ATASCADERO APPROVING A TREE REMOVAL PERMIT
TO ALLOW THE REMOVAL OF FOUR NATIVE OAK TREES
LOCATED AT 8424 ALTA VISTA AVENUE.
(TRP 2004-0050/Phillips)
WHEREAS, an application for a Tree Removal Pen -nit has been received from Bob Phillips,
3111 Falda Road, Atascadero, CA 93422, to allow the removal of four native oak trees located at
8424 Alta Vista 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 Limited Single Family Y (LSF -Y)
zoning district; and,
WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on
August 17, 2004, 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,
SECTION 2. Approval. The Planning Commission hereby approves Tree Removal Permit
2004-0050 subject to the following Conditions and Exhibits:
08-17-04 TRP 2004-0050 Alta Vista.PC-SR 2.doc
ITEM NUMBER: 3
DATE: 08/17/04
Exhibit A: Conditions of Approval
Exhibit B: Arborist Letter
Exhibit C: Tree Protection Plan
On motion by Commissioner , and seconded by Commissioner the foregoing
resolution is hereby adopted in its entirety by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ADOPTED:
CITY OF ATASCADERO, CA
Bob Kelley
Planning Commission Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
08-17-04 TRP 2004-0050 Alta Vista.PC-SR 2.doc
ITEM NUMBER:
DATE: 08/17/04
Exhibit A: Conditions of Approval
Tree Removal - TRP 2004-0050
Conditions of Approval
Timing
Responsibility
Mitigation
TRP 2004-0050
/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 $433.33 into the tree
PR
PS
mitigation fund or plant equivalent as mitigation for
the tree removal.
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
d b h notes
1 26 -inches
2 18 -inches
3 4 -inches
4 4 -inches
Total 52 -inches 52 -inches
Mitigation Requirement
Tree replacements: 9 five gal trees
OR
Tree Fund Payment: $ 433.33 $ 433.33
08-17-04 TRP 2004-0050 Alta Vista.PC-SR 2.doc
Exhibit B: Arborist Report
Tree Removal - TRP 2004-0050
solid Ak
Tree Managentert 1
P.O. BOX 13521, SLO CA 93406
(805) 544-7544
(805) 544-1094 fax
ITEM NUMBER:
DATE: 08/17/04
TO: BOB PHILLIPS
CITY OF ATASCADERO - PLANNING DEPARTMENT
FROM: JEREMY LOWNF:Y, CERTIFIED ARBORIST 3718
SOLID OAK TREE MANAGEMENT
DATE: APRIL 8, 2004
REGARDING: ARBORIST REPORT / TREE PROTECTION PLAN
Deacriotion
Mr. Phillips has chosen a great location for a new home on the West side of Atascadero located at
Lot 72. Block 2B on Alta Vista Road. The lot is 75% covered with oak and other native tree
canopy. In order to develop the small home on the property, 4 trees will need to be removed, and
12 trees will be impacted, hone of the impacted trees will die due to the development if
protection measures are followed
Included is a detailed spreadsheet that identifies the number and issues related to each tree. This
report will describe any specific mitigation requirements according to the number of the tree as
identified on the map. Also, on the following pages are some suggestions to the developerlbuilder
in regards to general tree protection measures
11 itization:
Heavy Impact 25% +
"free number 13 will be heavily impacted by the development.
013 is a CLO that is 11" in diameter It will be trenched along one side for the footing, and on
another side for the sewer line. The combination of the two may impact the tree over time. Roots
that are cut should be cut cleanly with a reciprocating saw to stimulate quick healing. Spraying the
damaged roots with wound paint (Tree Seal) will help prevent decay and insects. It is highly
unlikely that the tree will be killed during the construction process. Construction fencing must be
installed as close to the footing as possible. Avoid adding any fill dirt over the root zone.
Medium Impacts 10 - 24%
Trees number 3,12, 26, 27, 30, 31, 33, and 34 will have a medium impact of between 10 - 24%
damage within the root zone.
08-17-04 TRP 2004-0050 Alta Vista.PC-SR 2.doc
ITEM NUMBER:
DATE: 08/17/04
#3
12" CLO located at the southwest corner of the garage. The footings for the garage will cut into
approximately 20% of the root zone. Fencing next to the footings away from the trunk of the tree
will prevent excessive damage to roots. Cut roots cleanly. Treat with wound paint. Avoid
compaction around the tree by storing equipment on the east side of the garage. Keep soil level at
the natural grade
#l2
15" CLO located at the northwest corner. Little root damage will occur, but it is necessary to
remove a large portion of the crown because of an intruding branch (10" branch). This may stress
the tree. A proper cut on the tree made by a professional will assist in the healing process. The cut
should be made at the branch collar. If done properly, the pruning will not harm the tree.
Construction fencing will avoid root damage.
#26, 427, #30, #31, #33, and #34
These trees lie along the proposed sewer line. The sewer line requires a narrow trench that can (),-
positioned and directed in such a way that it minimizes damage to the root zones of the trees.
Sphtting the distances between the trunks of trees will reduce the overall damage to the roots for
each tree (unless there are non-unifonn root systems). Staying close to the property line on the
north end will reduce impacts to the larger of the trees. Removing tree #31 may also be an option
to consider in order to protect the other larger oaks. This will also allow the sewer line to hug tite
property line where there are fewer trees until splitting the distances between #30 and 427.
Digging the trench with a smaller backhoe that has a narrow bucket will also reduce root damage
and compaction Cut roots should be cut cleanly and sprayed with wound paint. Construction
fencing should be installed on both sides of the sewer line a distance of 8 feet from the center line
Ml equipment should remain within the fencing.
Lois, Impacti < 10%
These trees will have little to no impacts that will not jeopardize the health of the trees if
compaction is minimized and the fencing is installed properly.
#4, #19, #28, and #29
These trees will only need to be observed and carefully avoided by using construction fencing as
close to the drip lines, or as close to the foundation as possible. Some roots may need treatment
as well.
Monitoring:
Monitoring by a certified arborist is necessary during the excavation process. By having an
arborist inspect the open trenches, proper treatments can be made to damaged roots.
08-17-04 TRP 2004-0050 Alta Vista.PC-SR 2.doc
ITEM NUMBER: 3
DATE: 08/17/04
Tree Pruning for Eguiument:
Trees may need to be pruned carefully to allow for heavy equipment. Cuts to live branches should
be minimized and made by a qualified arborist. Trees damaged by equipment are much more
destructive than proper cuts made with a chainsaw before hand.
Please call me for any questions. Jeremy Lowney 544-7544, 432-0708 (cell)
QUALIFICATIONS:
Sole Proprietor - Solid Oak Tree Management
California State Landscape and Tree Service Contractor (C27) #757086
Certified Arborist WC -3718
Member of the Western Chapter of the International Society of Arboriculture
Former Hazardous Tree Inspector, San Luis Obispo County Planning & Building Department
Certificates in Tree Risk Management and Lawsuit Prevention, Tree Appraising and Writing
Technical Reports, UC Riverside Extension — Continuing Education Seminar
Bachelors of Science in Forestry and Natural Resource Management,
California Polytechnic State University, SLO
08-17-04 TRP 2004-0050 Alta Vista.PC-SR 2.doc
ITEM NUMBER: 3
DATE: 08/17/04
Exhibit C: Tree Protection Plan
Tree Removal - TRP 2004-0050
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08-17-04 TRP 2004-0050 Alta Vista.PC-SR 2.doc
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08-17-04 TRP 2004-0050 Alta Vista.PC-SR 2.doc
ITEM NUMBER: 4
DATE: 08/17/04
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 93422
3. Project Address: 4110 Traffic Way
Atascadero, CA 93422
APN 049-033-010
ANALYSIS:
On August 3, 2004, the Planning Commission continued the request to remove seven
08-17-04 TRP 2004-0054.PC-SR2.doc
ITEM NUMBER: 4
DATE: 08/17/04
(7) native oak trees and requested that the applicant and staff consider site alternatives
and review access constraints on Seperado Avenue. Planning and Public Works staff
has evaluated the proposed development and access from Seperado Avenue.
Staff has determined that access from Traffic Way would result in more tree removals
and increased grading due to the topography of the site. The flag portion of the lot
contains several native oak trees and 20-30% slopes. The proposed location for the
single-family residence contains approximately 11 % slope and includes the use of
foundation stem walls to further minimize grading quantities (Attachment B).
Public Works has reviewed access issues and improvement requirements for Seperado
Avenue and has determined that the project is consistent with City Standards.
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 the proposed
tree removals. 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;
08-17-04 TRP 2004-0054.PC-SR2.doc
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;
08-17-04 TRP 2004-0054.PC-SR2.doc
ITEM NUMBER: 4
DATE: 08/17/04
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 the 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: Letter from Architect
Attachment 3: Draft Resolution PC 2004-0093
08-17-04 TRP 2004-0054.PC-SR2.doc
ITEM NUMBER: 4
DATE: 08/17/04
Attachment 1: Aerial of 4110 Traffic Way
w k r.
J , `
i
08-17-04 TRP 2004-0054.PC-SR2.doc
Attachment 2: Letter from Architect
See following page.
ITEM NUMBER:
DATE: 08/17/04
08-17-04 TRP 2004-0054.PC-SR2.doc
ITEM NUMBER: 4
DATE: 08/17/04
Attachment 3: 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-I)
zoning district; and,
WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on
August 17, 2004 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,
08-17-04 TRP 2004-0054.PC-SR2.doc
ITEM NUMBER: 4
DATE: 08/17/04
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: ( )
CITY OF ATASCADERO, CA
Bob Kelley
Planning Commission Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
08-17-04 TRP 2004-0054.PC-SR2.doc
ITEM NUMBER:
DATE: 08/17/04
Exhibit A: Conditions of Approval
Tree Removal - TRP 2004-0054
Conditions of Approval
Timing
Responsibility
Mitigation
TRP 2004-0054
/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 $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
08-17-04 TRP 2004-0054.PC-SR2.doc
ITEM NUMBER:
DATE: 08/17/04
Exhibit B: Tree Protection Plan
Tree Removal - TRP 2004-0054
08-17-04 TRP 2004-0054.PC-SR2.doc
ITEM NUMBER: 5
DATE: 08-17-04
Atascadero Planning Commission
Staff Report — Community Development Department
Dove Creek Mixed Use Development
Zone Text Change 2003-0049; Zone Map Change 2004-0085;
Master Plan of Development (CUP 2003-0099);
Vesting Tentative Tract Map 2003-0033
(Santa Barbara Road & EI Camino Real / Bermant Development Company)
SUBJECT:
The proposed project consists of a request to establish a horizontal mixed-use
planned development on a 63.3 -acre site with a corresponding Vesting Tentative
Tract Map. The development includes a total of 279 residential units comprised of
137 townhomes, 97 courtyard homes, and 45 single-family residences on individual
lots with 37.2 acres of open space. The residential units include 70 density bonus
units under the State affordable housing provisions and 9 units requested under the
City's General Plan Policy 2.1.1 for exceptionally high design quality. The project
also includes a master plan for 60,000 square feet of future neighborhood commercial
uses on 6.3 -acres at the corner of Santa Barbara Road and EI Camino Real. The site
contains 101 native oak trees of which 12 are proposed for removal.
RECOMMENDATION:
Staff Recommends:
1. Adopt Resolution No. PC 2004-0095 recommending that the City Council certify
Proposed Mitigated Negative Declaration 2004-0026 with revised mitigation
measures (Exhibit B); and,
2. Adopt Resolution No. PC 2004-0096 recommending that the City Council introduce
an ordinance for first reading to change zoning code text for Planned Development
#12 (Zone Change 2003-0049) based on findings; and,
3. Adopt Resolution No. PC 2004-0097 recommending that the City Council introduce
an ordinance for first reading to approve Zone Change 2004-0085, a zoning map
ITEM NUMBER: 5
DATE: 08-17-04
amendment of the project site to Multi Family Residential — 10 / Commercial Retail /
Open Space / PD -12 based on findings and subject to Conditions of Approval and
Mitigation Monitoring; and,
4. Adopt Resolution No. PC 2004-0098 recommending that the City Council adopt CUP
2003-0099, by resolution to include the Master Plan of Development (Exhibit A)
based on findings and subject to Conditions of Approval and Mitigation Monitoring;
and
5. Adopt Resolution No. PC 2004-0099 recommending the City Council approve
Vesting Tentative Tract Map 2003-0033, based on findings and subject to Conditions
of Approval and Mitigation Monitoring.
SITUATION AND FACTS:
1. Applicant / Representative: Bermant Development Company, 5383 Hollister Ave.,
Ste. 150, Santa Barbara, CA 93111. (Phone 964-7200)
2. Project Address: Santa Barbara Road and EI Camino Real, Atascadero,
CA 93422
(San Luis Obispo County)APN 045-342-003, 045-381-
010, 045-381-007, 045-381-009, 045-331-002, 045-
331-004, 045-331-008, 045-331-001, 045-342-005,
045-342-004, 045-342-013, 045-342-001, 045-342-008,
045-342-002, 045-352-005.
3. General Plan Designation: (MU) Mixed Use
4. Zoning District: (CR) Commercial Retail / (PD -12) Planned
Development #12
5. Site Area: 63.3 acres
6. Existing Use: Vacant Land
7. Environmental Status: Proposed Mitigated Negative Declaration 2004-0026
ITEM NUMBER: 5
DATE: 08-17-04
DISCUSSION:
Background
On November 19, 2003, the applicant provided a brief overview of the proposed
conceptual project followed by a tour of the project site. Although there was no formal
consensus, members of the Commission, Council, and the public provided comments to
staff and the applicant for consideration. According to the applicant, each comment was
carefully considered and where feasible, incorporated into the proposed project.
General comments are identified below.
1. Expand Commercial Scope/Scale — Some concern expressed over the reduction in
the 300,000 square feet of commercial development anticipated in the General Plan
as compared to the 60,000 square feet proposed.
Applicant's Response: City Council approved Mitigated Negative Declaration scope on
May 11, 2004 based on proposed 60,000 square feet of commercial building within the
project description.
2. Timing of Commercial Development — Concern that the commercial development will
not be constructed with or after the housing development.
Applicant's Response: Staff has discussed the recently developed commercial timing
condition required of mixed-use applications with the applicant and the applicant is
strongly opposed. The applicants believes that this issue should have been raised
when the Council reviewed the project in November 2003, or prior to authorizing the
environmental document in early 2004.
3. Project setbacks should meet standard zoning setbacks.
Applicant's Response: City Council approved Mitigated Negative Declaration scope on
May 11, 2004, based on variety of housing types with varying setbacks within the
proposed project description.
4. Parks with play structures should be included.
Applicant's Response: Park area designs have been refined with play structures.
5. Traffic improvements require attention along EI Camino Real and Santa Barbara
Road.
Applicant's Response: Traffic analysis has been prepared with mitigation and street
improvements included along the property frontage, including intersection
improvements at EI Camino Real and Santa Barbara Road.
ITEM NUMBER: 5
DATE: 08-17-04
6. Density bonus for superior design of the town homes should not be taken for
granted.
Applicant's Response: Town homes have been modified and enhanced to meet the
City's anticipation of superior design.
On April 13, 2004, City Council adopted a prime commercial sites map that included the
proposed 6.31 -acre commercial site within the proposed project area.
On May 11, 2004, City Council authorized staff to process the proposed application.
Per Council direction, staff has prepared a draft Initial Study and Draft Mitigated
Negative Declaration to assess potential environmental impacts related to the proposed
project. The draft document and appendix has been provided to the Planning
Commission, interested and jurisdictional public agencies, and has been made available
to the public for review and comment on June 17, 2004. The project description and
environmental analysis is contained within these draft documents.
On July 20, 2004, Planning Commission held a public hearing for the proposed project
Mitigated Negative Declaration. Comments focused on timing of the commercial
development, traffic circulation, and native plant landscaping. Details of the hearing
comments are attached in the Planning Commission meeting minutes.
Project Definition
ITEM NUMBER: 5
DATE: 08-17-04
The proposed project consists of a request to establish a horizontal mixed-use planned
development on a 63.3 -acre site with a corresponding Vesting Tentative Tract Map.
The development includes 279 residential units (as summarized below), 37.2 acres of
open space and a 6.3 -acre site for 60,000 square feet of commercial buildings.
Unit Type
Quantity
Townhomes
137
Courtyard Homes
97
Townhomes
45
Total
279*
Note: The residential units include 70 density bonus units under the State affordable housing
provisions and 9 units requested under the City's General Plan Policy 2.1.1 for exceptionally high
design quality.
The project requires: a Planned Development #12 (PD -12) zone text change to allow
residential use on the project site; a zoning map change from Commercial Retail to
Open Space and RMF -10 zoning districts within the project site (Attachment 7, Exhibit
A); a Conditional Use Permit to establish the Master Plan of Development (Attachment
8, Exhibit C); and a Tentative Tract Map for subdivision of the site into residential lots,
commercial properties, common area, and open space areas.
The proposed project includes review and approval of the Master Plan of Development
consistent with the proposed PD -12 including site plan, subdivision tract map,
landscape plan, grading and drainage residential architecture, and conceptual
architecture and site design features of the proposed future commercial center. All
phases of development require appearance review consistent with Planned
Development overlay standards.
As with all Planned Development projects, the Planning Commission will have the ability
to make future amendments to the Master Plan of Development in the future,
independent of Council action. Any future modifications to the site plan or architectural
design of the commercial center will require the filing of a Conditional Use Permit
application for review and approval by the Planning Commission.
ITEM NUMBER: 5
DATE: 08-17-04
Surrounding Land Use and Setting:
North: High Density Residential (Current entitlement- 84 -unit
condominium development)
South: Residential
East: Public and vacant
West: U.S. Highway 101
General Plan
The General Plan has designated the project site as Mixed -Use which allows a mixture
of commercial, office, and residential uses with a focus on pedestrian orientation and
connections between different uses throughout the project area. The General Plan
allows for either a horizontal or vertical mixture of uses with the approval of a Planned
Development Overlay Zone and an accompanying Master Plan of Development.
The General Plan identified the maximum densities for the specific project site as
follows:
■ Maximum commercial development: 300,000 square feet
■ Maximum dwelling unit density: 200 units
State Law requires jurisdictions to provide a 25% density bonus for projects that provide
either 10% of the base density units as deed restricted very -low income units or 20% of
the base density units as deed restricted low-income units. The General Plan allows up
to a 35% density bonus if this standard is met. Included in the applicant's proposal are
20 very -low income units in accordance with State density bonus requirements resulting
in an additional 70 bonus units. In addition, General Plan Policy 2.1.2 allows for an
increase in the maximum site density for the exceptionally high design quality
throughout the project. The applicant is requesting that this density bonus be granted to
allow for an additional 9 townhomes. The project proposal includes the 200 base
density units with an additional 79 units through density bonus provisions.
ITEM NUMBER: 5
DATE: 08-17-04
City Council Mixed -Use Policy
The City's Mixed -Use policies and requirements have been evolving over the time
period that the Dove Creek project has been in process. In June 2004, the City Council
established the following policies for mixed-use projects:
1. Implement the Taussig Study on residential portion;
2. Require commercial to be constructed before or simultaneously with the
residential portion. Commercial permit(s) must be obtained first and the first
permit to be finaled in the project shall be the commercial permit(s); and
3. Require at least 50% of the project to be commercial. The commercial
component cannot include mini storage or other non -sales tax producing uses
including office.
These policies apply to new mixed-use project applications requiring General Plan
Amendments. Staff is not clear on whether these policies were intended to apply to the
Dove Creek project. The Dove Creek project area was given a special "Mixed Use /
Planned Development" general plan designation in 2002 that allowed for a mix of
commercial and residential land uses to be established with implementation of a village -
type design scheme on the site. Staff has discussed the recently developed
commercial timing condition required of mixed-use applications with the applicant and
the applicant is strongly opposed. The applicants believes that this issue should have
been raised when the Council reviewed the project in November 2003, or prior to
authorizing the environmental document in early 2004. The applicant has agreed to a
condition of approval to complete all site grading, tontage improvements and stub
utilities to the commercial site (CUP Condition 31).
Staff has prepared the following analysis of the projects consistency with the Council's
mixed-use policies:
1. Implement the Taussig Study on residential portion;
The project is consistent with the policy requirement to comply with the Taussig
Study.
2. Require commercial to be constructed before or simultaneously with the
residential portion. Commercial permit(s) must be obtained first and the first
permit to be finaled in the project shall be the commercial permit(s).
The project is not consistent with this requirement. If the Council chooses to
apply this condition to the project then the following condition of approval will
need to be added to the project:
Tentative Map Condition: Prior to recordation of any final maps, the applicant shall
prepare, and the City shall approve, a development agreement that requires building
permits for all commercial structures to be issued prior to, or concurrently with the
ITEM NUMBER: 5
DATE: 08-17-04
issuance of the first residential building permit and that those permits shall be finaled
prior to, or concurrently with the final occupancy of the first residential building
permit.
3. Require at least 50% of the project to be commercial. The commercial
component cannot include mini -storage or other non sales tax producing uses
including office.
The project is not consistent with this requirement. Approximately 10% of the
site is devoted to commercial development, the remaining 90% is comprised of
residential, open space, and recreational land uses. Compliance with this policy
would require a complete redesign of the project. The proposed site plan is
consistent with the concept plan presented to Council in November 2003.
Mini -storage is not a permitted use under the proposed PD -12, however office
uses are. The Council could eliminate office as an allowed use under PD -12.
Design and Appearance
According to the applicant, the project has been designed to meet the standards of the
Atascadero Municipal Code and the Appearance Review Manual. As a Planned
Development, the Planning Commission must find that the project provides high quality
architectural, landscape, and site design to warrant the granting of special development
standards.
In addition, the applicant is requesting a 15% density bonus for architectural design
features that are above and beyond design standards and requirements of the Planned
Development Overlay Zone consistent with the City's General Plan Policy 2.1.2. As a
result, the Planning Commission is required to make a specific finding (referenced in
resolution PC 2004-0098) that all residential aspects of the project meet the intent of the
density bonus provisions. The applicant believes the proposed site plan, landscape
plan and architecture meets the requirements for density bonus. Staff has added
conditions of approval to insure that findings can be made for the requested bonus as
analyzed below.
As identified in the project description, the project contains three residential types:
1. 137 townhomes,
2. 97 courtyard homes, and
3. 45 single-family residences on individual lots
ITEM NUMBER: 5
DATE: 08-17-04
VILLAGE A - VILLAGE D - VILLAGE E-
Townhomes Single Family Townhomes
9 '� Homes s,
i% +` •
t
VILLAGE B- �i •
Townhomes .
VILLAGE CENTER
r •
VILLAGE D-
��' AGE C- Courtyard
Courtyard Homes
Homes
Each residential product is designed with two similar architectural styles: Traditional
and Americana. The Traditional design theme utilizes gridded windows, clapboard
siding, bracketed eaves, and craftsman style embellishments. The Americana design
theme is a minimal traditional style architecture which utilizes a stucco exterior finish
and wood brackets at the eaves with gridded window banding. All trash storage, recycle
storage, and air conditioning units will be screened from view behind fenced or
landscaped enclosures (CUP Condition 22).
Single Family Homes: Village D
u"
Village D is comprised of 45 single-family homes with 3 floor plan alternatives. Each
streetscape includes a combination of the 3 floor plans with the two proposed
architectural styles. Plan A is a single level home and plans B and C are designed as 2 -
story residences. Home sizes range from 1,600 square feet to 3,200 square feet
exclusive of the garages. The entries of plans A and B are accentuated with porch
ITEM NUMBER: 5
DATE: 08-17-04
elements. Plan C includes a covered entry area with the dining area extending forward
to minimize the appearance of the garage.
The Traditional residences include clapboard siding on all four elevations with shingle
accents at the roof gable. The Americana residences include a stucco exterior finish
with similar architectural features to the Traditional themed models. Roof forms are
varied for each model and architectural style.
Courtyard Homes: Village C and D
Ol VIEW FROM STREET
03 VIEW FROM AUTOCOURT
The courtyard homes consist of clusters of 6 homes providing for a traditional
neighborhood design appearance along the street frontage. The frontage units are
oriented towards the street with individual garages and driveways. A shared center
driveway provides access to the 4 rear units. Each unit is on an individual lot with the
rear 4 units in a zero lot line configuration. Six unique floor plans are proposed allowing
for each unit within a cluster to have a modified design appearance. Architectural styles
alternate between the Traditional and Americana Design motif. Each unit is designed
with an entry porch and the rear units are designed to define the terminus of the shared
driveway court.
ITEM NUMBER: 5
DATE: 08-17-04
Townhome Neighborhoods: Village A, B, and E
The townhome villages consist of 4- and 5-plexes designed to include the two
architectural design motifs. Both the Americana and Traditional designs include a
combination of stucco and clapboard siding along the exterior of the units. All garages
are oriented to the main street frontage with entry to the units located between the
garage bays. The Traditional units include window shutter accents on the street facing
elevation and incorporate brick masonry column bases into the entry porch features.
The Americana units include window planters as accent features, and provide stucco
portico entries with stucco trim banding. Roof forms vary slightly between the two
fagade treatments.
Commercial Retail: Village Center
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The proposal includes 60,000 square feet of future commercial retail space located on
the 6.3 -acre corner of Santa Barbara Road and EI Camino Real. The applicant is
proposing conceptual site plan and architectural elevations as part of the Master Plan of
ITEM NUMBER: 5
DATE: 08-17-04
Development. Based on the conceptual design proposal, the commercial center
includes 6 retail -oriented buildings with the potential for a 26,500 square foot anchor
tenant at the corner of Santa Barbara Road and EI Camino Real. The architecture
includes a mixture of the Traditional and Americana design consistent with the proposed
residential neighborhoods. Craftsman style columns and clapboard siding are
integrated with stucco arches alluding to the residential portion of the project. Staff has
conditioned that the center accentuate the more traditional design theme by omitting the
stucco archways (Condition MPD 40).
Density Bonus for Superior Quality Architectural Design:
The applicant is requesting a 15% density bonus for superior quality architectural
design, resulting in the addition of 9 additional units to the project. Planning Commission
must find that the project exceeds the architectural design quality standards required by
the Planned Development Overlay process. It is staff's opinion that the project meets
this standard with CUP conditions of approval 44-58 applied to the project.
Parkland Reauirements:
The City requires the dedication of 5 acres of parkland for every 1,000 residents. Due
to its proximity to Paloma Creek Park, the on-site provision of public access to the
proposed open space, and the provision of on-site pocket parks, no large active public
parkland is proposed on site.
The project will satisfy the parkland requirement through payment of in -lieu fees. As
proposed, the project includes open space, waling and bicycle trails, and multiple tot
lots, as discussed below, and there may be Quimby fee credits granted for such site
amenities.
Open Space Amenities / Project Landscaping
The project includes 37.2 acres of landscaping and natural wetlands and open space
areas. A pedestrian circulation network is provided throughout the site which includes
trails along the riparian corridors, sidewalks, dedicated pedestrian creek crossings, and
shared pathways connecting common open space areas. A pocket tot lot in Villages A,
C, and E, and a common park amenity in Village D are included in the plan. There are
several engineered drainage detention basins incorporated into open space areas
throughout the project site that will be constructed and landscaped to appear as passive
and active open space areas. The project also includes decorative entry monument
signs located at the main EI Camino Real and Santa Barbara Road entrances, and a
landscaped roundabout feature located at the intersection of the two main entrances.
ITEM NUMBER: 5
DATE: 08-17-04
The proposed project is adjacent to U.S. Highway 101 and is required to install and
maintain landscaping along the highway frontage along and within the Cal Trans right-
of-way. The applicant is proposing a combination of dense screen trees, large shrubs,
and large evergreen trees consistent with Cal Trans standards (CUP Condition 30).
Within the residential areas, landscaping is included for private front yards and shall be
installed prior to occupancy of the units (CUP Condition 22). Private back yards will be
landscaped by the individual property owners. Landscape maintenance of each private
lot will be the responsibility of the individual property owner.
Common area landscaping, gate/entry landscaping features, and fencing are included in
the project. Street trees are proposed to shade paved areas and pedestrian pathways,
reduce urban heat buildup, improve air quality, and provide visual unity to the
streetscape. Street trees shall be installed prior to occupancy of the units (CUP
Condition 22). Entry streets include 9 -foot wide medians which include shade trees and
low-level landscaping.
Due to the on-site topography and the proximity to EI Camino Real and Highway 101,
the use of sound attenuation walls is required. A condition of approval has been
included to design such walls to match or compliment the texture and color of the
existing or proposed landscape (CUP Condition 28). Along EI Camino Real, sound
walls would be designed to compliment the architecture of the project and would be
designed as an integrated project feature, consistent with the Schematic Fencing Plan
(Attachment 8, Exhibit C).
ITEM NUMBER: 5
DATE: 08-17-04
All project landscaping is detailed in the Master Plan of Development Schematic
Landscape Plan. The project site and landscaping has been well designed and only
minor conditions of approval have been included regarding landscape materials and the
exterior fence treatment along the site perimeter and entrance (CUP Conditions 11, 22,
and 33).
Native Tree Mitigation/Preservation
The entire site area contains 101 oak trees. Project construction is estimated to require
the removal of 11 oak trees under the provisions of the Native Tree Ordinance, 10 of
which are located within the street frontage right-of-way. The proposed tree mitigation is
consistent with the City's Native Tree Ordinance. Avoided and impacted oak trees shall
be protected and preserved, per the Tree Protection and Preservation Plan.
In order to approve the requested removal, the Planning Commission must find that the
trees are obstructing proposed improvements that cannot be reasonably designed to
avoid the need for tree removal.
Under the City's tree mitigation payment, the removal of 11 trees (216 total inches dbh)
would require the applicant to pay $6,800. This figure may be adjusted to credit the
applicant for any proposed five -gallon or greater size native trees planted on site, as
shown below.
Evergreen Native Trees (inches)
1
2
3
4
5
6
7
8
9
10
11
Total
dbh notes
23 -inches
23 -inches
Mitigation Requirement
req'd tree replacements:
Proposed Replanting
8 five gal trees
0 five gal trees
Deciduous Native Trees (inches) I Totals
1
2
3
4
5
6
7
8
9
10
11
Total
dbh notes
26 -inches
35 -inches
16 -inches
33 -inches
29 -inches
22 -inches
15 -inches
12 -inches
3 -inches
2 -inches
193 -inches
req'd tree replacements
Proposed Replanting
128 five gal trees
0 five gal trees
216 -inches
136 five gal trees
0 five gal trees
Remaining Mitigation 8 five gal trees Remaining Mitigation 128 five gal trees 1 136 five gal trees
Tree Fund Payment: $ 383.33 Tree Fund Payment: $ 6,416.67
ITEM NUMBER: 5
DATE: 08-17-04
A native tree protection and a preservation plan is included for trees proposed for
retention. Prior to permit issuance, the Tree Protection Plan shall be prepared and
implemented by a certified arborist and approved by Planning Services. Tree protection
shall be in place prior to the issuance of any construction permits and the arborist shall
be under contract to monitor tree protection (CUP Conditions 32, 34, and 35).
Subdivision Improvements
Site Plan, Circulation, Parking
The Master Plan of Development includes a circulation plan identifying five street types
within the plan area. Street sections are depicted in Master Plan of Development Sheet
C1.4 and as described below:
1. Main Entrance Street Section: Providing access off of Santa Barbara Road and
EI Camino Real.
The main entrance roads include three travel lanes (one entrance and two exit),
a center median, concrete curb and gutter, restricted parking, a detached
sidewalk with parkway, and street trees.
2. Residential Entrance Street Section: Providing access to village D and E off of EI
Camino Real.
The entrance street to Village D and E includes two travel lanes, a center
median, concrete curb and gutter, a detached sidewalk with parkway, restricted
parking, and street trees.
3. Residential Street Section (36'46' ROW): Village D and portions of Village C
Local neighborhood streets include two travel lanes, street parking on both sides,
with sidewalk and parkway where specified by the Master Plan of Development.
4. Residential Street Section (32'42' ROW): Village B, C, and D
Local neighborhood streets include two travel lanes, parking on one side, and
sidewalks where specified by the Master Plan of Development.
5. Residential Street Section (24'34' ROW): Townhome shared drives
The shared driveway/street serving the townhomes includes two travel lanes and
a sidewalk with parkway where specified in the Master Plan of Development.
ITEM NUMBER: 5
DATE: 08-17-04
The project also includes two emergency access roads: one connecting Villages A, B,
and C to Villages D and E, and one exiting to San Diego Way adjacent to Village E.
Sidewalks are included on the EI Camino Real and Santa Barbara Road frontages to
complete the pedestrian circulation network and provide connections to the proposed
on-site open space trail system, as identified in the project circulation plan.
A Traffic Impact Study was produced for this project by Omni -Means. In the study, there
are recommended mitigation measures. Listed below are conditions to implement the
mitigation measures:
A. Santa Barbara Road/EI Camino Real: Install Traffic Signal
This is required to be installed prior to the first unit occupied. The construction costs
for the signal will be counted as credit toward the Traffic Impact Fee.
B. Santa Barbara Road/US 101 Interchange
The study found that the following Improvements are required for the interchange.
Also listed is the percent "fair share" that this project is responsible for the
improvement. These are to be installed prior to the first unit being occupied or the
first commercial building opened. These are improvements that are not identified as
needed improvements in the City of Atascadero Circulation Element and the Growth
Mitigation Program. Therefore, the growth mitigation fee does not cover the
improvements. The developer may record a reimbursement agreement against
future trip generation facilities to recoup a portion of the cost of construction.
❑ Santa Barbara Road/US 101 SB Ramps: Install Traffic Signal (39.3%)
❑ Santa Barbara Road/US 101 NB Ramps: Install Traffic Signal (52.4%)
The above two signals shall be interconnected.
C. Viejo Camino/EI Camino Real: Install Traffic Signal (33.4%)
D. San Diego Way/EI Camino Real: Install Traffic Signal (31.4%)
The improvements listed in C. and D. are improvements that are not identified as
needed improvements in the City of Atascadero Circulation Element and the Growth
Mitigation Program. Therefore, the growth mitigation fee does not cover the
improvements.
The developer is required to submit an engineer's estimate for the cost of
construction of the improvements. The developer shall pay the percent "fair share" of
the engineer's estimates. These funds will be placed in an account for the
improvements. The developer may pay the amount incrementally with each building
permit.
ITEM NUMBER: 5
DATE: 08-17-04
E. Santa Barbara Road between EI Camino Real and US 101. Construct two-
lane road with left turn channelization, bike lanes and a pedestrian
sidewalk.
F. EI Camino Real between Santa Barbara Road and project north boundary.
Construct two southbound and one northbound travel lanes, bike lanes in
both directions, median and left turn channelization.
All public improvements shall be constructed in conformance with the City of
Atascadero Engineering Department Standard Specifications and Drawings or as
directed by the City Engineer.
Interior Infrastructure
The Master Plan of Development describes at a conceptual level, how and where
services will be extended to serve the project site. All infrastructure improvements to
serve the site shall be financed and installed by the developer consistent with the
Master Plan of Development Preliminary Utility Plan (Sheet C1.5) which provide a
schematic plan for the routing and location of facilities within the project area.
Improvement Plans will determine the exact sizing and location of facilities, subject to
staff review and approval (Conditions 73 — 90).
Site Drainaae
The On-site storm water drainage system has been designed by Cannon Associates,
and support calculations have been provided in a drainage report. The project is design
to allow all existing upstream flows to pass through the site. The increase in onsite flow
due to the construction of impervious surfaces will be mitigated with detention basins.
These basins will detain the flow of up to a 100 -year event and release it at a post
construction historic rate. There will be no increase in the volume of flow downstream.
The basins will also act as a natural filter to clean the silts and pollution out of the storm
water.
This project proposes to fill in the FEMA 100 -year floodplain. A standard Letter of Map
Revision will be required to be submitted and approved by the City and FEMA. The
floodway widths will be created such that the rise of the 100 -year floodwater elevation is
no more than one foot on the interior of the site and there is no increase at the EI
Camino Real culverts.
Water
The project can be served by the Atascadero Mutual Water Company (AMWC). The
proposed project area will utilize four existing water mains as its points of connection to
the existing Atascadero Mutual Water Company system. Two points of connection will
ITEM NUMBER: 5
DATE: 08-17-04
occur in Santa Barbara Road, one connection will be made in EI Camino Real, and one
will be made in San Diego Way. The connection point in San Diego Way will be
upgraded by the developer to AMWC standards.
Wastewater
The City of Atascadero will provide sanitary sewer service including collection,
transmission and treatment for the project area. Development with the project site will
require connection to the City's planned sewer system mainline extension included in
the City's Sewer Master Plan. The Woodridge Development has assumed the
responsibility of installing the mainline extension from the Wastewater Treatment Plant
to EI Camino Real fronting this project. The applicant will be required to reimburse the
City Woodridge Development their fair share of the sewer extension costs.
Fiscal Impact Analysis
General Plan Pol
General Plan Policy 15.3.8 states, "All residential projects of 100 or more dwellings shall
be required to prepare a "fiscal impact report" prior to any discretionary approvals. The
fiscal impact report shall analyze all revenues, service costs and facilities costs
associated with a project. The City shall require the establishment of facilities districts
and/or maintenance districts to cover revenue short falls on a project".
Fiscal Impact Report
In 2003, the City of Atascadero hired David Taussig and Associates to prepare a fiscal
model to satisfy the General Plan requirement for both the Woodlands (Woodridge) and
Dove Creek projects. The model was developed with comprehensive input for the
Administrative Services, Public Works, Police and Fire Departments to capture the
actual cost of providing maintenance and emergency services to new development.
The model analyzed the costs associated with road maintenance, storm drainage
maintenance, landscape maintenance, lighting maintenance, open space maintenance,
recreational facility maintenance, Police emergency services, Fire emergency services
and community park maintenance.
The model results demonstrated that revenue from new residential development
including property tax revenues; vehicle licensing fees, sales taxes, and other revenues
are insufficient to cover the maintenance and emergency services costs of new
development.
Based on the revenue projections from the Woodlands project and Dove Creek, the City
has developed standard conditions of approval for new development projects that
require the cost of maintenance and emergency services to be funded by the project
through a combination of road assessment districts, landscape and lighting districts and
ITEM NUMBER: 5
DATE: 08-17-04
community facilities districts. The creation of these assessment districts would mitigate
any negative fiscal impacts of a project consistent with General Plan Policy 15.3.8.
The Dove Creek project is somewhat different than the Woodlands project regarding the
maintenance of onsite roads and common areas. While the Woodlands project will
create both road and landscape maintenance districts, Dove Creek proposes to create a
homeowners association (HOA) to fund the maintenance of all on-site facilities. The
creation of an HOA has the same effect as the maintenance districts to mitigate
maintenance costs. The HOA will not fund emergency service costs related to the
project, therefore the project will be required to participate in the community facilities
district (CFD). The CFD will result in an annual property tax levy of $440 per unit to
fund additional police and fire personnel beyond the City's current staffing levels. The
City has retained the firm of Muni Financial to setup the CFD, road maintenance and
landscape and lighting districts that new projects will be annexed into. The formation of
these districts is scheduled to be complete in the Fall of 2004. The Dove Creek
property will be required to annex into the CFD prior to recordation of the Final Map.
The following conditions of approval are recommended for the Master Plan of
Development and Tentative Tract Map to mitigate the fiscal impacts of the project on the
City of Atascadero.
■ The emergency services and facility maintenance costs listed below shall be 100%
funded by the project in perpetuity. The service and maintenance cost shall be funded
through a community facilities district established by the developer subject to City
approval. The funding mechanism must be in place prior to or concurrently with
acceptance of the any final maps. The funding mechanism shall be approved by the
City Attorney, City Engineer and Administrative Services Director, prior to acceptance
of any final map. The administration of the above mentioned funds shall be by the City.
a) All Atascadero Police Department service costs to the project.
b) All Atascadero Fire Department service costs to the project.
c) Off-site common City of Atascadero park facilities maintenance service costs
related to the project.
■ All tract maintenance costs listed below shall be 100% funded by the project in
perpetuity. The service and maintenance cost shall be funded through a Home
Owners Association established by the developer subject to City approval. The Home
Owners Association must be in place prior to, or concurrently with acceptance of any
final maps. The Home Owners Association shall be approved by the City Attorney,
City Engineer and Administrative Services Director prior to acceptance of any Final
Map. The administration of the above mentioned funds, and the coordination and
performance of maintenance activities, shall be the responsibility of the Home Owners
Association.
ITEM NUMBER: 5
DATE: 08-17-04
a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access
roads, emergency access gates, and sewer mains within the project.
b) All parks, trails, recreational facilities and like facilities.
c) All open space and native tree preservation areas.
d) All drainage facilities and detention basins.
e) All creeks, flood plains, floodways, wetlands, and riparian habitat areas.
f) All common landscaping areas, street trees, medians, parkway planters,
manufactured slopes outside private yards, and other similar facilities.
g) All frontage landscaping along arterial streets and U.S. Highway 101.
Proposed Planned Development Overlay Zone #12 Text Change
As previously mentioned, the proposed project requires a change in the exiting PD -12
overlay district text of the project site. The revised text will allow the proposed
development and uses, as conditioned on the subject site. Based on the General Plan
requirements and proposed project description, staff has prepared the following
proposed standards for PD -12. Adoption of the Planned Development Overlay Zone
text change is required for the project to proceed. The Commission could make
recommendations to the Council to modify the proposed PD -12 text.
9-3.657 Planned Development Overlay Zone No. 12: (PD -12).
9-3.657. Establishment of Planned Development Overlay Zone No. 12 (PD 12)L Planned Development
Overlay Zone No. 12 is established as shown on the Official Zoning Maps (Section 9-1.102). A Planned
Development Overlay Zone No. 12 is established on parcels APNs 045-342-003, 045-381-010, 045-381-007,
045-381-009, 045-331-002, 045-331-004, 045-331-008, 045-331-001, 045-342-005, 045-342-004, 045-342-013, 045-
342-001, 045-342-008, 045-342-002, 045-352-005 with a combined gross acreage of 63.3 acres. The maximum
residential density within the planned development shall not exceed 279 residential units. A minimum of
6.31 acres of commercial retail use and 27.7 acres of common and natural open space on the 63.3 -acre
project site shall be provided. The development standards contained within the Master Plan of
Development Document (CUP 2003-0099), as conditioned shall be applied to all future development
within the project area, and as follows:
ITEM NUMBER
DATE: 08-17-04
(a) The Vesting Tentative Tract Map TTM 2003-0033 and any subsequent amendments for the
site shall be consistent with CUP 2003-0099. All construction and development shall conform to
the approved Master Plan of Development, as conditioned.
(b) No subsequent tentative parcel or tract map shall be approved unless found to be consistent
with the approved Master Plan of Development.
(c) The commercial area, residential dwelling units, landscaping, walls and fencing shall be
subject to review under the City's Appearance Review requirements consistent with the approved
Master Plan of Development.
(d) Building setbacks lot sizes, landscape area, and lot coverage shall be as identified within the
approved Master Plan of Development.
(e) Alterations or additions to established dwelling units shall be subject to the density and
development standards of the Master Plan of Development.
(f) Subsequent amendments to the Master Plan of Development shall be approved by Planning
Commission Resolution.
ITEM NUMBER: 5
DATE: 08-17-04
(g) The commercial center will retain the Commercial Retail zoning district designation. The
following allowable uses are proposed for this district within the PD -12 overlay zone:
(a) Broadcast studios:
(b) Building_ materials and hardware (indoor only
(c) Food and beverage retail sales:
(b) Furniture, home furnishings and equipment:
(c) General merchandise stores:
(d) Mail order and vending:
(e) Temporary or seasonal sales
(f) Financial services:
(g) Health care services:
(h) Offices:
(i) Small scale manufacturing
(i) Temporary offices
(k) Personal services:
(1) Light repair services:
(m) Eating and drinking places:
(n) Membership organizations:
(o) Horticultural specialties
(p) Schools --business and vocational
(g) Business support services, where all areas of use are located within a building
(r) Farm equipment and supplies (indoor only):
(s) Fuel and ice dealers
(t) Hotels and motels:
(u) Skilled nursing facility
(vy) Bed and breakfast:
(w) Funeral services:
(x) Schools
(v) Utility service center:
(z) Libraries and museums:
(aa) Temporary events
(h) All residential and Open Space use shall be consistent with the requirements of the
underlying zoning district except as allowed by the Master Plan of Development.
If the above text change is established, the project as conditioned would be consistent
with those standards. The proposed uses, residential unit types, lot sizes and
development standards are described within the Master Plan of Development
document, dated July 9, 2004, and as conditioned. The PD -12 Zoning District
incorporates by reference the Master Plan of Development and Vesting Tentative Tract
Map which documents the proposed architectural styles, lot sizes, lot coverage,
setbacks, building envelopes, landscaping, project amenities, and wetland protection
and enhancement for the project. Subsequent amendments to the Master Plan of
Development will be made by the Planning Commission resolution independent of
Council action.
ITEM NUMBER: 5
DATE: 08-17-04
Project Benefits
One of the required findings for a Planned Development is that the project offer certain
redeeming features to compensate for the requested Zone Change. The project will
have a number of "redeeming features" which include the following: 1) clustering of
residential development; 2) variety of unit types; 3) preservation of sensitive open space
and native tree preservation; 4) upgraded architectural and landscape features (as
conditioned); 5) publicly accessible trails system; 6) pedestrian connections throughout
the project; 7) comprehensive native re -vegetation landscape plan; and 8) inclusion of
affordable and workforce housing.
Inclusionary and Workforce Housing
The following table identifies the City's Interim Inclusionary Housing Policy, adopted by
the City Council on June 24, 2003. As bolded and underlined within the table, the
proposal to meet the state 35% density bonus exempts the project from additional
inclusionary housing requirements. The project is conditioned to comply with the
Council's Workforce Housing policy in which 50% of the residential units in each project
phase be offered to the local population and workforce (Condition MPD 24).
Inclusionary Section
Interim Policy
A. Project Requirements
1.
All residential projects that require legislative
approval are subject to the inclusionary
requirement as follows:
o Projects of 1-10 units: pay in -lieu fee
or build units.
o Projects of 11 or more units must
build units or receive a Council
approval to pay in -lieu fees.
B. Percent Affordable
1.
The percentage of units within a project that
must be affordable shall be 20%.
2.
The distribution of affordable units in single
family land use areas shall be as follows:
0 100% Moderate
3.
The distribution of affordable units in multi-
family and mixed use commercial land use
areas shall be as follows:
0 20% Very Low Income
0 37% Low Income
0 43% Moderate
4.
In -lieu fees shall be collected for all fractional
units up to 0.499 units, fractional units of 0.50
and greater shall be counted as 1.0 units.
5.
All inclusionary units shall be deed restricted
for a period of 30 years.
C. Exceptions
1.
Projects that do not require a legislative
approval from the City shall not be subject in
the interim policy.
2.
Projects that qualify for the State density
bonus are exempt from additional
ITEM NUMBER: 5
DATE: 08-17-04
Tentative Tract Map
A 154 -lot Vesting Tentative Tract Map is proposed as part of the project consistent with
the proposed Master Plan of Development and PD -12 Zone Change. The proposed
Tract Map does not include the townhomes at this time. The Tract Map has been
conditioned by staff and the City Engineer to meet all City standards including on- and
off-site street improvements. The applicant will be required to record CC&R's with the
map that will include maintenance and access of common areas (Condition 61).
General Plan Consistency
The project applicant has prepared a Master Plan of Development for City Council
approval per the General Plan requirement for the project site. The proposed 279
dwelling units include 70 density bonus units under the State affordable housing
provisions and 9 units requested under the City's General Plan Policy 2.1.1 for
exceptionally high design quality. The project site is within the General Plan Mixed -Use
inclusionary housing requirements.
3.
Second units are exempt from the
inclusionary requirement.
4.
D. Affordable Housing Standards
1.
The exterior design and quality standards for
affordable units shall be comparable to those
of market rate units. Affordable units may be
of a smaller size and utilize less expensive
interior finishes.
2.
Affordable units shall be distributed
throughout a project site and not
concentrated in one location.
3.
Inclusionary units shall be built concurrently
with market rate units. A construction
timeline shall be approved by the City Council
prior to construction.
E. In -Lieu Fees
1.
In -lieu fees for units and fractions of units
shall be based on 2.50% of the valuation of
the market rate unit.
F. Alternatives
1.
The developer may request and the City
Council may approve any of the following
alternatives to on-site construction or
payment of in -lieu fees for inclusionary units:
o Off-site construction
o Land dedication
o Combinations of construction, fees and
land dedications.
G. Incentives
1.
As an incentive to provide affordable units, all
inclusionary units shall be treated as density
bonus units that are not counted as part of
the maximum density entitlement of a site.
Tentative Tract Map
A 154 -lot Vesting Tentative Tract Map is proposed as part of the project consistent with
the proposed Master Plan of Development and PD -12 Zone Change. The proposed
Tract Map does not include the townhomes at this time. The Tract Map has been
conditioned by staff and the City Engineer to meet all City standards including on- and
off-site street improvements. The applicant will be required to record CC&R's with the
map that will include maintenance and access of common areas (Condition 61).
General Plan Consistency
The project applicant has prepared a Master Plan of Development for City Council
approval per the General Plan requirement for the project site. The proposed 279
dwelling units include 70 density bonus units under the State affordable housing
provisions and 9 units requested under the City's General Plan Policy 2.1.1 for
exceptionally high design quality. The project site is within the General Plan Mixed -Use
ITEM NUMBER: 5
DATE: 08-17-04
land use designation, which allows horizontal mixed-use developments with the
approval of a Master Plan of Development and a Planned Development Overlay zone.
The proposed project is consistent with the following General Plan Land Use and
Housing Element Policies:
Land Use Policy 1.1: "Preserve the rural atmosphere of the community and assure
"elbow room" in areas designed for lower density development by guiding new
development into the Urban Core to conform to the historic Colony land use patterns of
the City and to respect the natural environment, hillside area and existing
neighborhoods".
■ Program 10: Require the comprehensive master planning of large development
projects to minimize environmental impacts and maximize community compatibility.
Projects identified in Table 11-5 and Figure 11-4 shall be required to have an approved
Master Plan of Development prior to any site development. The Master Plan of
Development may be approved in the form of Conditional Use Permit, Planned
Development, or Specific Plan.
Land Use Policy 2.1.2: "Develop standards and procedures to allow the Planning
Commission to grant up to a 15% density bonus for attached multi -family project of
exceptionally high design quality through the Conditional Use Permit process".
Housing Element Policy 4.3: "Encourage attractive architecture and ste landscaping
that respect terrain and native trees. "
Housing Element Policy 1.1: "Encourage steady production of new housing, including
mixed-use projects in commercial land use areas, to meet the needs of all household
types in the City".
Land Use Policy 6.1: "Ensure that development does not degrade scenic and sensitive
areas, including historic sites, creeks, riparian corridors, wetlands, woodlands, hillsides,
and other valuable habitats."
Land Use Policy 8.1: "Ensure that development along Atascadero Creek, Graves
Creek, the Salinas River, blue line creeks, natural springs, lakes or other riparian areas
does not interrupt natural flows or adversely impact riparian ecosystems and water
quality."
Land Use Policy 15.3.8: "All residential projects of 100 or more dwellings shall be
required to prepare a Fiscal Impact Report prior to any discretionary approvals. The
Fiscal Impact Report shall analyze all revenues, service costs, and facilities costs
associated with a project. The City shall require the establishment of Facilities Districts
and/or Maintenance Districts to cover revenue short falls on a project".
ITEM NUMBER: 5
DATE: 08-17-04
In staff's opinion the project is consistent with the goals and policies of the Land Use
Element and the Housing Element, with sensitive dte design, inclusion of affordable
housing units, and the proposed designation and improvement of 27.7 acres of
dedicated open space. As conditioned, the project incorporates clustered site planning,
quality architectural design, open space and landscape amenities, tree preservation and
habitat restoration, a Home Owner's Association for on-site improvements, and cost
recovery for City services.
Findings
As specified in the City's General Plan and Zoning Ordinance, the following findings for
the proposed Zone Text Change, Zone Map Change, Master Plan of Development
adoption, and native tree removal must be made in order to recommend approval the
proposed project.
PD -12 Overlav Zone Text Chan
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.
Zone Map Change
As specified in the City's General Plan and Zoning Ordinance, the following specific
findings for the proposed Zone Change shall be made in order to approve the proposed
project:
1. The proposed zone change is in conformance with the adopted General Plan
Goals, Policies, and Programs and the overall intent of the General Plan.
2. The proposed zone change is compatible with existing development,
neighborhoods and the environment.
3. The proposed zone change will not create any new significant and unavoidable
impacts to traffic, infrastructure, or public service impacts.
4. The proposed zone change is consistent with the project -specific Mitigated
Negative Declaration.
ITEM NUMBER: 5
DATE: 08-17-04
Conditional Use Permit (Master Plan of Development)
A Master Plan of Development is required for the Planned Development in the form of a
Conditional Use Permit. The Dove Creek Master Plan of Development sets
development standards and site design standards related to architectural design, site
design, landscape, signage, and specific standards of the zoning ordinance. The
Planning Commission must make the following five findings to recommend approval of
the proposed Master Plan of Development:
1. The proposed project or use is consistent with the General Plan and the City's
Appearance Review Manual.
Staff Comment: The use is consistent with the General Commercial designation of
the General Plan and General Plan Land Use Element Policy 1.1, 2.1.2, 6.1, 8.1,
15.3.8 and Housing Element Policy 4.3 and 1.1.
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance) including the Planned Development Ordinance.
Staff Comment: As conditioned, the project satisfies all conditional use permit and
Planned Development zoning code provisions.
3. The establishment, and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particular case, be
detrimental to the health, safety, or welfare of the general public or persons residing
or working in the neighborhood of the use, or be detrimental or injurious to property
or improvements in the vicinity of the use.
Staff Comment: The proposed mixed-use development will not be detrimental to the
general public or working persons health, safety, or welfare.
4. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development.
Staff Comment: The project has been designed to be consistent with the existing
neighborhood character, with specific design features along adjacent U.S. Highway
101, EI Camino Real, and Santa Barbara Road. The project has been designed to
provide orderly circulation patterns throughout the site and at each entrance and
exit.
The proposed development is consistent with the City's "Smart Growth Principles",
identified as orderly and efficient infill development concentrated along the EI
Camino Real corridor. The project site is within the City's Mixed -Use designation,
which allows horizontal mixed-use developments with the approval of a Master Plan
of Development and a Planned Development Overlay zone.
ITEM NUMBER: 5
DATE: 08-17-04
5. That the proposed use or project will not generate a volume of traffic beyond the
safe capacity of all roads providing access to the project, either existing or to be
improved in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
Staff Comment: The proposed project and use is consistent with the traffic
projections and road improvements anticipated within the General Plan and as
proposed by the applicant.
Based on staff's analysis in the preceding sections, it appears that all of the required
findings for approval of a Master Plan of Development (Conditional Use Permit) can be
made. As conditioned, changes to the Master Plan of Development can be made by the
Planning Commission in the future without Council action.
Tree Removals
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.
In staff's opinion, developing the property with a clustered subdivision providing
dedicated open space and native tree preservation under a Planned Development
Overlay Zone designation is consistent with the General Plan and compatible with the
surrounding land uses. In addition, the project is consistent with the goals and policies
of the Land Use Element, Housing Element and adopted EIR and mitigation -monitoring
program. The project incorporates appearance review of architectural design,
materials, street trees, and landscaping to retain the rural residential atmosphere. The
project incorporates architectural themes into the site and building design, as
conditioned. Native trees have been preserved where feasible and required conditions
and mitigation measures have been appropriately incorporated into the project. As
analyzed within the project Initial Study and Draft Mitigated Negative Declaration and
tiered under the General Plan Environmental Impact Report, the proposed Master Plan
of Development would have no significant environmental impacts and will not be
detrimental to the general public or working persons health, safety, or welfare. Based
on staff's analysis in the preceding sections, it appears that all of the required findings
for project approval can be made.
ITEM NUMBER: 5
DATE: 08-17-04
Proposed Environmental Determination
Under contract to the City, Padre and Associates has prepared an Environmental
Impact Assessment in the form of a Draft Mitigated Negative Declaration, tiered from
the City of Atascadero General Plan Environmental Impact Report (EIR). The
document was circulated to the State Clearinghouse, public agencies and interested
members of the public on June 17, 2004. The technical documentation provided by the
applicant and analyzed by staff has been incorporated into the environmental
documentation. The environmental analysis identifies concerns regarding potential
impacts to aesthetics, air quality, biological resource including native tree protection,
cultural resources, geology & soils, hydrology & water quality, land use and planning,
noise, public services, recreation, transportation/traffic, and utility systems. Mitigation
measures pertaining to these resources are included.
During the public review period, a comment was received regarding the use of tierring
under CEQA for the proposed project. It is the opinion of the City Attorney that the
proposed Mitigated Negative Declaration, tiered under the City's General Plan EIR, may
rely on the partial exemption provided for in Public Resources Code section 21083.3
and the State CEQA Guidelines section 15183 for projects that are consistent with
General Plans (Public Resources Code section 21083.3 with respect to impacts that are
not peculiar to the Project).
It is the opinion of staff that combination of design features incorporated into the
proposed project, mitigation measures, and conditions of approval will reduce any
potential environmental impacts to a level of insignificance. Mitigation Measures CUL -1,
GEO-2, and GEO-3 have been updated based on staff review of public comments. Staff
is also recommending revisions to mitigation measures BIO -6 and PBS -1. A table of
recommended mitigation measures is included in Resolution 2004-0095, Exhibit B.
Staff is recommending the Commission recommend that the City Council certify
Proposed Mitigated Negative Declaration 2004-0026 with amended Mitigation
Measures.
CONCLUSION
The proposed project is generally consistent with the General Plan and Atascadero
Municipal Code, as analyzed within this staff report. It is staff's opinion that the
proposed project, as conditioned allows the Planning Commission to make all of the
required findings to recommend approval to the City Council.
In staff's opinion, developing the property with a clustered subdivision, commercial
development, open space provisions and native tree preservation under a Planned
Development Overlay Zone designation is generally compatible with the surrounding
land uses, and generally consistent with the General Plan Land Use Element and
ITEM NUMBER: 5
DATE: 08-17-04
Housing Elements. The project incorporates appearance review of architectural design,
materials, street trees, and landscaping to meet the requirement of the Municipal Code
and in justification of the requested exceptionally high design quality density bonus. As
analyzed within the project Initial Study and Draft Mitigated Negative Declaration and
tiered under the General Plan Environmental Impact Report, the proposed project, as
conditioned, would have no significant environmental impacts and will not be
detrimental to the general public or working persons health, safety, or welfare. Based
on staff's analysis in the preceding sections, it appears that all of the required findings
for project approval can be made.
ALTERNATIVES
1. The Commission may recommend modifications to the project and/or conditions
of approval for the project to the City Council.
2. The Commission may determine that more information is needed on some
aspect of the project and may refer the item back to the applicant and staff to
develop the additional information. The Commission should clearly state the type
of information that is required and move to continue the item to a future date.
3. The Commission may recommend the City Council deny the project. The parcel
would retain its current PD -12 and commercial zoning with mixed-use land use
designation. The Commission should specify the reasons for denial of the
project and make an associated finding with such action.
PREPARED BY: Steve McHarris, Deputy Community Development Director
ATTACHMENTS:
Attachment 1:
Location Map, Zoning and General Plan
Attachment 2:
Aerial Site Photograph
Attachment 3:
Traffic Impact Study
Attachment 4:
Draft Mitigated Negative Declaration and Initial Study
Attachment 5:
Draft Resolution PC 2004-0095
Attachment 6:
Draft Resolution PC 2004-0096
Attachment 7:
Draft Resolution PC 2004-0097
Attachment 8:
Draft Resolution PC 2004-0098
Attachment 9:
Draft Resolution PC 2004-0099
ITEM NUMBER: 5
DATE: 08-17-04
Attachment 1: Location Map
Dove
Creek
�. Proiect
• y
t
Existing Designations:
-General Plan: Mixed -Use
-Zoning District: Commercial Retail / PD -12
Proposed Designations:
-General Plan: Mixed -Use
-Zoning District: Commercial Retail, Residential Multi-
family — 10, Open Space, Planned Development #12
ITEM NUMBER: 5
DATE: 08-17-04
Attachment 2: Aerial Photo
. i• �n+�'� \^.7, �. •''_.`':��Yy'A �.,.� �•� to •.r�' . ••�.. h
Dove
Creek
Proiect
' :fir i •' �: � � � '.• .fi
1001
V.
41,
is .. �' '� �� �;�� � �. f,� � ,� .�ety; •.
f
Attachment 3: Traffic Impact Study
See following
ITEM NUMBER:
DATE: 08-17-04
ITEM NUMBER:
DATE: 08-17-04
Attachment 4: Draft mitigated Negative Declaration and Initial Study
Distributed under separate cover
ITEM NUMBER: 5
DATE: 08-17-04
ATTACHMENTS: Draft Resolution PC 2004-0095
Dove Creek Master Plan of Development (ZCH 2003-0049, ZCH 2004-0085, CUP 2003-0099,TTM 2003-0033)
Approval of Draft Mitigated Negative Declaration 2004-0026
DRAFT RESOLUTION PC 2004-0095
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO RECOMMENDING THAT THE
CITY COUNCIL CERTIFY PROPOSED MITIGATED NEGATIVE
DECLARATION 2004-0026 PREPARED FOR ZONE CHANGE 2003-0049,
ZCH 2004-0085, AND VESTING TENTATIVE
TRACT MAP 2003-0033 APN 045-342-0039 045-381-010.)
045-381-0079 045-381-0099 045-331-0029 045-331-0049 045-331-0089
045-331-0019 045-342-0059 045-342-0049 045-342-013, 045-342-0019
-342-0089 045-342-0029 045-352-005
(Dove Creek / Bermant Development Company)
WHEREAS, an application has been received from Bermant Development Company
(5383 Hollister Ave, Suite 150, Santa Barbara, CA 93111) applicant to consider a project
consisting of a Zone Change from CR (Commercial Retail) to CR/RMF-10/PD-23 (Commercial
Retail/Residential Multifamily-10/Planned Development Overlay -23) on a 63.3 -acre site located
at Santa Barbara Rd and El Camino Real, Atascadero, CA 93422 (APN 045-342-003, 045-381-
010, 045-381-007, 045-381-009, 045-331-002, 045-331-004, 045-331-008, 045-331-001, 045-
342-005, 045-342-004, 045-342-013, 045-342-001, 045-342-008, 045-342-002, 045-352-005);
and,
WHEREAS, a mixed-use project on the project site was analyzed in the General Plan
Final Environmental Impact Report, and the Proposed Project Mitigated Negative Declaration
2004-0026 tiers for the Final Environmental Impact Report; and,
WHEREAS, the City prepared an environmental impact report ("EIR") (SCH#
2001121027) to review the environmental impacts of the adoption of the City's General Plan
Update, dated June 7, 2002; and
WHEREAS, the General Plan EIR identified several significant and unavoidable impacts
that would occur as a result of the General Plan's implementation. Resources impacted included
land use and planning, geology, hydrology and water quality, biological resources, cultural
resources, agriculture, circulation, air quality, noise, public services, aesthetics. The City
Council, in Resolution # 2002-030 (dated June 25, 2002) adopted a statement of overriding
considerations, pursuant to Public Resources Code section 21081, subdivision (a)(3), in
conjunction with its approval of the General Plan and certification of the EIR; and
ITEM NUMBER: 5
DATE: 08-17-04
WHEREAS, the Dove Creek Mixed -Use Development Project ("Project'), and its
potential environmental impacts, was considered in the EIR (pp. 32 and 40; Preferred Land Use
Alternative map figures 1 and 2) and listed in the adopted 2002 General Plan (pp II -16, Table II-
A); and
WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2004-0026
(SCH# 2004071020) 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 Initial Study/Mitigated Negative Declaration (IS/MND) for the Project
tiered from the General Plan Update EIR, and focused on project -specific significant effects
which are peculiar to the Project or its site; and
WHEREAS, section 21083.3 of the Public Resources Code, and section 15183 of the
State CEQA Guidelines (California Code of Regulations, title 14, section 15000 et seq.) provide
that a project is exempt from additional environmental review pursuant to CEQA if the project is
consistent with the development density established by an existing general plan for which the
lead agency prepared and certified an EIR, (Pub. Resources Code, § 21083.3, subds. (a), (b);
State CEQA Guidelines, § 15183; Gentry v. City of Murrieta (1995) 36 Cal.AppAth 1359,
1406); and
WHEREAS, the IS/MND did not identify any significant, unmitigable environmental
impacts which are peculiar to the Project and which were not already analyzed in the General
Plan EIR; and
WHEREAS, while the City Council acknowledges that the Project is associated with
significant and unavoidable air quality impacts and those impacts were disclosed in the IS/MND,
the application of Public Resources Code section 21083.3 and State CEQA Guidelines section
15183 make the adoption of an additional statement of overriding considerations for those
impacts unnecessary; and
WHEREAS, the City commits itself to adopting and implementing all relevant
mitigation measures identified in the General Plan EIR sections: land use and planning; geology;
hydrology and water quality; biological resources; cultural resources; agriculture; circulation; air
quality; noise; public services; and aesthetics. Pursuant to Public Resources Code section
21083.3, subdivision (c), the City Council will adopt a finding in conjunction with the Project
approval that applicable general plan mitigation measures will be undertaken; and
WHEREAS, the Planning Commission of the City of Atascadero held a public hearing
on August 17, 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
2004-0026 based on the following Findings as shown on Exhibit A:
ITEM NUMBER: 5
DATE: 08-17-04
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,
3. The Proposed Mitigated Negative Declaration incorporates mitigation measure
and overriding considerations of the General Plan Environmental Impact Report;
and
4. The project does not have the potential to degrade the environment when
mitigation measures are incorporated into the project.
5. The project will not achieve short-term to the disadvantage of long-term
environmental goals.
6. The project does not have impacts, which are individually limited, but
cumulatively considerable.
7. The project will not cause substantial adverse effects on human beings either
directly or indirectly.
ITEM NUMBER: 5
DATE: 08-17-04
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by
the Planning Commission Secretary to the City Council of the City of Atascadero.
On motion by Commissioner , and seconded by Commissioner the foregoing
resolution is hereby adopted in its entirety by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ADOPTED:
CITY OF ATASCADERO, CA
Bob Kelley
Planning Commission Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
ITEM NUMBER
DATE: 08-17-04
Exhibit A Proposed Mitigated Negative Declaration 2004-0026
See following
Exhibit B Mitigation Measures (Final)
See following
ITEM NUMBER:
DATE: 08-17-04
ITEM NUMBER: 5
DATE: 08-17-04
ATTACHMENT 6: Draft Resolution PC 2004-0096
ZCH 2003-0049
Establishment of Proposed PD -23 Overlay Zone Code Text
DRAFT RESOLUTION PC 2004-0096
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO RECOMMENDING THAT THE
CITY COUNCIL APPROVE A TEXT AMENDMENT TO EXISTING
PLANNED DEVELOPMENT OVERAY ZONE -12 (ZCH 2003-0049)
(Dove Creek / Bermant Development Company)
WHEREAS, an application has been received from Bermant Development Company
(5383 Hollister Ave, Suite 150, Santa Barbara, CA 93111) applicant to consider a project
consisting of a Zone Change from CR (Commercial Retail) to CR/RMF-10/PD-23 (Commercial
Retail/Residential Multifamily-10/Planned Development Overlay -23) on a 63.3 -acre site located
at Santa Barbara Rd and El Camino Real, Atascadero, CA 93422 (APN 045-342-003, 045-381-
010, 045-381-007, 045-381-009, 045-331-002, 045-331-004, 045-331-008, 045-331-001, 045-
342-005, 045-342-004, 045-342-013, 045-342-001, 045-342-008, 045-342-002, 045-352-005);
and,
WHEREAS, the site's General Plan Designation is (MU) Mixed -Use; and,
WHEREAS, the site's current zoning district is CR (Commercial Retail); and,
WHEREAS, the General Plan has designated the project site as an area requiring a
comprehensive master plan in order to minimize environmental impacts and maximize
community compatibility (General Plan Table II -5) and to promote orderly and harmonious
development and to enhance the opportunity to best utilize special site characteristics; and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2004-0026 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 has determined that it is in the best interest of the
City to enact this amendment to the Code Text to protect the health, safety and welfare of its
citizens by applying orderly development and expanding housing opportunities within the City;
and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
ITEM NUMBER: 5
DATE: 08-17-04
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 Public Hearing
held on August 17, 2004, studied and considered Zone Text Change 2003-0049, after first
studying and considering the Draft Mitigated Negative Declaration prepared for the project, and,
NOW, THEREFORE, the Planning Commission takes the following actions:
SECTION 1. Findings for Approval of a Zone Change Establishing Planned
Development Overlay Zone -23 Code Text. 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.
SECTION 2. Recommendation of Approval. The Planning Commission of the City of
Atascadero, in a regular session assembled on August 17, 2004 resolved to recommend that the
City Council introduce for first reading, by title only, an ordinance that would amend the City
Zoning ordinance with the following:
9-3.657 Planned Development Overlay Zone No. 12: (PD -12).
9-3.657. Establishment of Planned Development Overlay Zone No. 12 (PD 12). Planned Development
Overlay Zone No. 12 is established as shown on the Official Zoning Maps (Section 9-1.102). A Planned
Development Overlay Zone No. 12 is established on parcels APNs 045-342-003, 045-381-010. 045-381-007,
045-381-009, 045-331-002, 045-331-004, 045-331-008, 045-331-001, 045-342-005, 045-342-004, 045-342-013, 045-
342-001, 045-342-008, 045-342-002, 045-352-005 with a combined gross acreage of 63.3 acres. The maximum
residential density within the planned development shall not exceed 279 residential units. A minimum of
6.31 acres of commercial retail use and 27.7 acres of common and natural open space on the 63.3 -acre
project site shall be provided. The development standards contained within the Master Plan of
Development Document (CUP 2003-0099), as conditioned shall be applied to all future development
within the project area, and as follows:
ITEM NUMBER: 5
DATE: 08-17-04
(a) The Vesting Tentative Tract Map TTM 2003-0033 and any subsequent amendments for the
site shall be consistent with CUP 2003-0099. All construction and development shall conform to
the approved Master Plan of Development, as conditioned.
(b) No subsequent tentative parcel or tract map shall be approved unless found to be consistent
with the approved Master Plan of Development.
(c) The commercial area, residential dwelling units, landscaping, walls and fencing shall be
subject to review under the City's Appearance Review requirements consistent with the approved
Master Plan of Development.
(d) Building setbacks lot sizes, landscape area, and lot coverage shall be as identified within the
approved Master Plan of Development.
(e) Alterations or additions to established dwelling units shall be subject to the density and
development standards of the Master Plan of Development.
(f) Subsequent amendments to the Master Plan of Development shall be approved by Planning
Commission Resolution.
ITEM NUMBER:
DATE: 08-17-04
(a) The commercial center will retain the Commercial Retail zoninq district designation. The
following allowable uses are proposed for this district within the PD -12 overlay zone:
(a) Broadcast studios:
(b) Building_ materials and hardware (indoor only
(c) Food and beverage retail sales:
(b) Furniture, home furnishings and equipment:
(c) General merchandise stores:
(d) Mail order and vending:
(e) Temporary or seasonal sales
(f) Financial services:
(g) Health care services:
(h) Offices:
(i) Small scale manufacturing
(i) Temporary offices
(k) Personal services:
(1) Light repair services:
(m) Eating and drinking places:
(n) Membership organizations:
(o) Horticultural specialties
(p) Schools --business and vocational
(g) Business support services, where all areas of use are located within a building
(r) Farm equipment and supplies (indoor only):
(s) Fuel and ice dealers
(t) Hotels and motels:
(u) Skilled nursing facility
(vy) Bed and breakfast:
(w) Funeral services:
(x) Schools
(v) Utility service center:
(z) Libraries and museums:
(aa) Temporary events
(h) All residential and Open Space use shall be consistent with the requirements of the
underlying zoning district except as allowed by the Master Plan of Development.
ITEM NUMBER: 5
DATE: 08-17-04
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by
the Planning Commission Secretary to the City Council of the City of Atascadero.
AYES:
NOES:
ABSENT:
ABSTAIN:
ADOPTED:
CITY OF ATASCADERO, CA
Bob Kelley
Planning Commission Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
ITEM NUMBER: 5
DATE: 08-17-04
ATTACHMENT 7: Draft Resolution PC 2004-0097
(ZCH 2004-0085)
Approval of Proposed Zoning Map Change
DRAFT RESOLUTION PC 2004-0097
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO RECOMMENDING THAT THE
CITY COUNCIL APPROVE ZONE CHANGE 2004-0085, AMENDING THE
OFFICIAL ZONING MAP DESIGNATION OF
APN 045-342-0039 045-381-0109
045-381-0079 045-381-0099 045-331-0025, 045-331-0049 045-331-0089
045-331-0019 045-342-0059 045-342-0049 045-342-0139 045-342-0019
-342-0089 045-342-0029 045-352-005
(Dove Creek / Bermant Development Company)
WHEREAS, an application has been received from Bermant Development Company
(5383 Hollister Ave, Suite 150, Santa Barbara, CA 93111) applicant to consider a project
consisting of a Zone Change from CR (Commercial Retail) to CR/RMF-10/OS/PD-12
(Commercial Retail/Residential Mul& family-10/Open Space/Planned Development Overlay
#12) on a 63.3 -acre site located at Santa Barbara Rd and El Camino Real, Atascadero, CA
93422 (APN 045-342-003, 045-381-010, 045-381-007, 045-381-009, 045-331-002, 045-331-
004, 045-331-008, 045-331-001, 045-342-005, 045-342-004, 045-342-013, 045-342-001, 045-
342-008, 045-342-002, 045-352-005); and,
WHEREAS, the site's General Plan Designation is (MU) Mixed -Use; and,
WHEREAS, the site's current zoning district is CR (Commercial Retail/(PD- 12) Planned
Development #12; 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,
ITEM NUMBER: 5
DATE: 08-17-04
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on August 17, 2004, studied and considered Zone Change 2004-0085, 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 Chanting the existing CR with a PD -12 Overlay Zoning District to CR/RMF-
10/OS/PD-12
R/RMF10/OS/PD-12 with a PD -12 Overlay ZoninI4 District. The Planning Commission finds as
follows:
1. The proposed project or use is consistent with the General Plan; and,
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance) including the PD -12 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. The proposed project or use will not be inconsistent with the character or the immediate
neighborhood or contrary to its orderly development.
SECTION 2. Recommendation of Approval. The Planning Commission of the City of
Atascadero, in a regular session assembled on August 17, 2004, resolved to recommend that the
City Council introduce for first reading, by title only, an ordinance (ZCH 2004-0085) that would
rezone the subject site consistent with the following:
1. Exhibit A: Zone Change Map
ITEM NUMBER: 5
DATE: 08-17-04
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 2004-0085
OS
RMF 10
PD -12 RMF
Overlay 10
on entire
site
* Note: the
existing PD -12
Overlay remains
ITEM NUMBER: 5
DATE: 08-17-04
OS
OS RMF
OS 10
RMF
10
}�•tl 1. 1\J , .+� - 0S
RMF
10
PROPOSED ZONING AREAS.
CR/PE-12........... 6.Oac
RMF-10/PD-12... 37.7ac
OS/PD-12........... 19.6ac
Total................63.3 ac
Existing Designations:
-General Plan: Mixed -Use
-Zoning District: Commercial Retail
Proposed Designations:
-General Plan: Mixed -Use
-Zoning District: Commercial Retail, Residential Multi-
family— 10, Open Space, Planned Development #12
ITEM NUMBER: 5
DATE: 08-17-04
ATTACHMENT 8: Draft Resolution PC 2004-0098
Approval of Proposed CUP 2003-0099 (Master Plan of Development)
DRAFT RESOLUTION PC 2004-0098
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO RECOMMENDING THAT THE
CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2003-0099
(MASTER PLAN OF DEVELOPMENT) ON APN 045-342-0039 045-381-0101,
045-381-0079 045-381-0099 045-331-0021, 045-331-0049 045-331-0089
045-331-0019 045-342-005, 045-342-0049 045-342-0139 045-342-0019
-342-0089 045-342-0029 045-352-005
(Dove Creek / Bermant Development Company)
WHEREAS, an application has been received from Bermant Development Company
(5383 Hollister Ave, Suite 150, Santa Barbara, CA 93111) applicant to consider a project
consisting of a Zone Change from CR (Commercial Retail) to CR/RMF-10/OS/PD-12
(Commercial Retail/Residential Multr family-10/Open Space/Planned Development Overlay
#12) on a 63.3 -acre site located at Santa Barbara Rd and El Camino Real, Atascadero, CA
93422 (APN 045-342-003, 045-381-010, 045-381-007, 045-381-009, 045-331-002, 045-331-
004, 045-331-008, 045-331-001, 045-342-005, 045-342-004, 045-342-013, 045-342-001, 045-
342-008, 045-342-002, 045-352-005); and,
WHEREAS, the site's General Plan Designation is (MU) Mixed -Use; and,
WHEREAS, the site's current zoning district is CR (Commercial Retail); and,
WHEREAS, the Planning Commission has recommended that a site be rezoned to
include CR/RMF-10/OS/PD-12 (Commercial Retail/Residential Mul& family-10/Open
Space/Planned Development Overlay #12) zoning districts on the project site which requires the
adoption of the Dove Creek Master Plan of Development document; 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 Woodlands Specific
Plan; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on August 17, 2004, studied and considered the proposed project, after first
ITEM NUMBER: 5
DATE: 08-17-04
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 the Conditional Use Permit. The Planning
Commission finds as follows:
1. The proposed project or use is consistent with the General Plan; and,
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance) including the PD -12 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. The proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development; and,
5. The Master Plan of Development document standards or processing requirements is
warranted to promote orderly and harmonious development; and
6. That the proposed use or project will not generate a volume of traffic beyond the safe
capacity of all roads providing access to the project, either existing or to be improved
in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element; and
7. The Master Plan 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; and
8. Benefits derived from the Master Plan of Development and PD -12 overlay zone
cannot be reasonably achieved through existing development standards or processing
requirements; and
9. The proposed project offers certain redeeming features to compensate for the
requested zone change; and
10. All residential units and buildings, as conditioned are of exceptional design quality
warranting the granting of a 15% density bonus.
SECTION 2. Findings for Approval of Tree Removal.
The trees are 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:
ITEM NUMBER: 5
DATE: 08-17-04
■ Early consultation with the City;
■ Consideration of practical design alternatives;
■ Provision of cost comparisons (from applicant) for practical design alternatives;
■ If saving tree eliminates all reasonable uses of the property; or
If saving the tree requires the removal of more desirable trees.
SECTION 3. Recommendation of Approval. The Planning Commission of the City of
Atascadero, in a regular session assembled on August 17, 2004, resolved to recommend that the
City Council approve Conditional Use Permit 2003-0099 (Dove Creek Master Plan of
Development) and tree removals subject to the following:
EXHIBIT A: Conditions of Approval / Mitigation Monitoring
EXHIBIT B: Statistical Project Summary
EXHIBIT C: Dove Creek Master Plan of Development
EXHIBIT D: Dove Creek native Tree Inventory / Preservation 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
ITEM NUMBER:
DATE: 08-17-04
EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program
Dove Creek (ZCH 2003-0049, ZCH 2004-0085)
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business License
BS: Building Services
Dove Creek Master Plan
GP: Grading Permit
FD: Fire Department
PD -12
BP: Building Permit
FI: Final Inspection
PD: Police Department
CE: City Engineer
ZCH 2003-0049/ZCH 2004-0085 / CUP 2003-0099
TO: Temporary Occupancy
F0: Final Occupancy
WW: Wastewater
CA: City Attorney
Planning Services
1. The approval of this zone change shall become final
On-going
PS
and effective 30 -days following City Council approval.
2. Precise design standards andguidelines for the
On-going
PS
development of land are contained within the Dove
Creek Master Plan of Development and supersede the
City's existing zoning code, public works standards, and
other regulations, with Conditions of Approval as listed.
Where this plan is silent, city codes effective upon the
date of adoption of the Master Plan of Development
shall apply.
3. Approval of this Master Plan shall be valid concurrently
On-going
PS
with the life of Tentative Tract Map 2003-0033 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, dated 7/09/04, as
conditioned.
4. Any subsequent condition of approval amending the
On-going
PS
Master Plan of Development or Appendix shall be
incorporated into the final Master Plan of Development
document.
5. The Dove Creek Master Plan of Development and
On-going
PS
Appendix documents (EXHIBITS C), and the Dove
Creek Native Tree Inventory shall be adopted by
resolution. Changes to the Master Plan shall be
approved by the Planning Commission without requiring
second readings and codification of the Master Plan
Document.
6. The Community Development Department shall have
On-going
PS, CE
the authority to approve the following minor changes to
the project the (1) modify the site plan project by less
than 10%, (2) result in a superior site design or
appearance, and/or (3) address a construction design
issue that is not substantive to the Master Plan. The
Planning Commission shall have the final authority to
approve any other changes to the Master Plan and any
ITEM NUMBER:
DATE: 08-17-04
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business License
BS: Building Services
Dove Creek Master Plan
GP: Grading Permit
FD: Fire Department
PD -12
BP: Building Permit
FI: Final Inspection
PD: Police Department
CE: City Engineer
ZCH 2003-0049/ZCH 2004-0085 / CUP 2003-0099
TO: Temporary Occupancy
FO: Final Occupancy
WW: Wastewater
CA: City Attorney
associated Tentative Maps.
7. All subsequent Tentative Tract Map and construction
GP, BP
PS, CE
permits shall be consistent with the Master Plan of
Development contained herein.
8. The existing billboard along U.S. Highway 101 frontage
FM
PS
shall be removed prior to recordation of the final map.
9. Street names shall be determined prior to the
FM
PS
recordation of the final map. All street names shall be
reviewed and approved by the Community
Development Department, Fire Department, and Police
Department.
10. Vehicle bridge design shall incorporate pedestrian
BP
PS
sidewalk and exterior architectural design appearance
and materials, including side railing, compatible with the
neighborhood design theme, subject to staff approval.
11. Final fencing locations shall be determined prior to the
BP
PS
issuance of building permits, subject to staff approval,
and subject to the following modifications:
■ Masonry walls shall be provided where private yard
enclosure is adjacent to H, I, or A streets, and where
rear yards are adjacent to the alley way located off of P
Street, subject to staff approval.
■ Low split rail fencing shall be provided between Village
D pocket park and Lot 34.
■ Rear yard fencing shall be 4 -foot high adjacent to the
pedestrian path connecting C Street to the nature
pathway system.
■ All masonry walls throughout the project shall be of a
dark earth toned color, subject to staff approval.
12. Pedestrian creek crossing bridge design shall
BP
PS
incorporate an exterior architectural design appearance
and materials compatible with the neighborhood design
theme, subject to staff approval.
13. Where parkways are proposed, sidewalks shall be a
BP
PS
minimum of 4 -feet in width with 6 -foot minimum
parkways.
14. A multi -trunk Live Oak tree, 72" box size minimum, shall
BP
PS
ITEM NUMBER:
DATE: 08-17-04
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business License
BS: Building Services
Dove Creek Master Plan
GP: Grading Permit
FD: Fire Department
PD -12
BP: Building Permit
FI: Final Inspection
PD: Police Department
CE: City Engineer
ZCH 2003-0049/ZCH 2004-0085 / CUP 2003-0099
TO: Temporary Occupancy
FO: Final Occupancy
WW: Wastewater
CA: City Attorney
be installed in the main entrance traffic circle.
15. Street lighting shall be limited to 16 -foot high maximum
BP
PS
decorative poles lamps consistent in design features to
the traditional village theme of the project. Pole lighting
shall be limited to street intersections and pocket park
locations. All other lighting shall be limited to pedestrian
pathways and shall be low decorative bollard lamps,
consistent with the projects traditional village design
theme.
16. Pedestrian access shall be provided from Street F to
BP
PS
the proposed packet park.
17. The sidewalk at the north west quadrant of the round-
BP
PS
about shall provide access to the creekside pedestrian
pathway.
18. The pedestrian sidewalk adjacent to Street C shall
BP
PS
provide clear dedicated pedestrian access to the
pavered fire access portion of the Street.
19. Eliminate on -street parking along P and Q Streets and
BP
PS
add a parkway and detached sidewalk.
20. All site development shall be consistent with the
BP
PS
maximum intensities described in the statistical project
summary as shown in EXHIBIT B.
21. All site work, grading and site improvements shall be
BP
PS
consistent with the Master Plan of Development and as
shown in the site amenities plan (EXHIBIT C) and
tentative tract map.
22. A final landscape, irrigation plan, and native tree
BP
PS
replacement plan shall be approved as part of the
subdivision tract site improvement plan consistent with
the site amenities plan (EXHIBIT C sheets 1-2.0-1-2.3,
L3.0, L3.1, L4.0).
All front yard landscaping shall be installed prior to
occupancy of the units.
Typical landscape and irrigation plans shall be
approved prior to building permits, including the
following:
■ All trash and recycling bins, exterior meters, air
conditioning units, and mechanical equipment shall be
ITEM NUMBER:
DATE: 08-17-04
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business License
BS: Building Services
Dove Creek Master Plan
GP: Grading Permit
FD: Fire Department
PD -12
BP: Building Permit
FI: Final Inspection
PD: Police Department
CE: City Engineer
ZCH 2003-0049/ZCH 2004-0085 / CUP 2003-0099
TO: Temporary Occupancy
FO: Final Occupancy
WW: Wastewater
CA: City Attorney
screened with landscape material.
■ All on-site street frontages (except SFR -3 street), and
common open space areas shall be landscaped by the
developer;
■ Street, yard and ornamental (non-native) hillside trees
shall be minimum 15 -gallon size and double staked.
■ Shade trees shall be provided along all street frontages
and shall be installed prior to occupancy of the units.
23. The project shall deed restrict either 10% of the base
FM
PS, CE
density units as Very -Low income units or 20% of the
base density units as Low -Income units in accordance
with State Density Bonus requirements.
Affordable residential units shall be reserved as deed
restricted affordable units for a 30 -year period in
accordance with State requirements and as consistent
with City Council Policy, prior to or concurrently with the
final map.
24. Workforce Housing
FM
PS
Prior to recordation of final map, the applicant shall enter into a
legal agreement with the City to reserve 1/2 of the units for sale
to residents or workers within the City of Atascadero, including
the affordable units. The agreement shall include the following
provisions:
■ The units shall be offered for sale to residents or workers
within the City of Atascadero for a minimum of 60 -days.
During this time period offers may only be accepted from
Atascadero residents or workers;
■ The applicant shall provide reasonable proof to the City
that at least one of the qualified buyers is a resident or
worker within the City Limits of Atascadero;
■ The Atascadero resident or worker restriction shall apply
to the initial sale only;
■ The applicant shall identify which units will be reserved;
and
The City Attorney shall approve the final form of the agreement.
25. The emergency services and facility maintenance costs
FM
PS, CE
listed below shall be 100% funded by the project in
perpetuity. The service and maintenance cost shall be
ITEM NUMBER:
DATE: 08-17-04
Conditions of Approval /
Mitigation Monitoring Program
Dove Creek Master Plan
PD -12
ZCH 2003-0049/ZCH 2004-0085 / CUP 2003-0099
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
funded through a community facilities district
established by the developer subject to City approval.
The funding mechanism must be in place prior to or
concurrently with acceptance of the any final maps.
The funding mechanism shall be approved by the City
Attorney, City Engineer and Administrative Services
Director prior to acceptance of any final map. The
administration of the above mentioned funds shall be by
the City.
a) All Atascadero Police Department service costs to the
project.
b) All Atascadero Fire Department service costs to the
project.
c) Off-site common City of Atascadero park facilities
maintenance service costs related to the project.
26. All tract maintenance cost listed below shall be 100%
FM
PS, CE
funded by the project in perpetuity. The service and
maintenance cost shall be funded through a Home
Owners Association established by the developer
subject to City approval. The Home Owners
Association must be in place prior to, or concurrently
with acceptance of the any final maps. The Home
Owners Association shall be approved by the City
Attorney, City Engineer and Administrative Services
Director prior to acceptance of any final map. The
administration of the above mentioned funds and the
coordination and performance of maintenance activities
shall be the responsibility of the Home Owners
Association.
a) All streets, bridges, sidewalks, streetlights, street signs,
roads, emergency access roads, emergency access
gates, and sewer mains within the project.
b) All parks, trails, recreational facilities and like
facilities.
c) All open space and native tree preservation areas.
d) All drainage facilities and detention basins.
e) All creeks, flood plains, floodways, wetlands, and
riparian habitat areas.
f) All common landscaping areas, street trees, medians,
parkway planters, manufactured slopes outside
ITEM NUMBER:
DATE: 08-17-04
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business License
BS: Building Services
Dove Creek Master Plan
GP: Grading Permit
FD: Fire Department
PD -12
BP: Building Permit
FI: Final Inspection
PD: Police Department
CE: City Engineer
ZCH 2003-0049/ZCH 2004-0085 / CUP 2003-0099
TO: Temporary Occupancy
FO: Final Occupancy
WW: Wastewater
CA: City Attorney
private yards, and other sim ilar facilities.
g) All frontage landscaping along arterial streets and US
101 freeway.
27. The project applicant may apply for capital facility fee
credits for Master Facilities Plan projects ST -04, ST -06
and ST -19. Credits may only be applied to individual
building permits at time of issuance up to the maximum
Circulation System fee for each permit per schedule
5.3. The amount of credit will be determined based on
the percentage of each facility constructed and the
actual construction cost receipts subject to the review
and approval of the City Engineer and Administrative
Services Director. Credit for street construction will
limited to facilities and improvements starting at the lip
of gutter.
28. Retaining wall design & material shall match or
BP
PS
compliment the texture and color of the existing or
proposed landscape.
29. All mitigation Measures listed in the certified Mitigated
BP
PS
Negative Declaration shall be implemented and
adhered to.
30. The applicant shall be responsible for the installation
BP
PS
and maintenance of screen landscaping along the
highway 101 frontage and within the Cal Trans right-of-
way as shown in EXHIBIT C, subject to staff and
agency approval.
31. Prior to occupancy of residential unit #1, all rough site
BP
PS
grading, frontage improvements and utility connections
shall be completed for the commercial site
Trees
32. All preservation measures outlined in the Native Tree
BP
PS
Inventory prepared for the project shall be implemented.
Any changes to the measures recommended by the
study shall be subject to staff approval and will require
review by the project arborist.
33. The list of proposed landscape materials shall be
BP
PS
revised as follows:
■ The canary island pine shall be deleted from the listing.
ITEM NUMBER:
DATE: 08-17-04
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business License
BS: Building Services
Dove Creek Master Plan
GP: Grading Permit
FD: Fire Department
PD -12
BP: Building Permit
FI: Final Inspection
PD: Police Department
CE: City Engineer
ZCH 2003-0049/ZCH 2004-0085 / CUP 2003-0099
TO: Temporary Occupancy
FO: Final Occupancy
WW: Wastewater
CA: City Attorney
Coastal redwoods shall be listed instead.
■ The southern live oak shall be eliminated from the
listing.
■ The carrotwood shall be eliminated from the listing.
34. The project shall comply with the City of Atascadero
BP
PS
native Tree Ordinance with payment into the native tree
fund and/or replanting or any combination thereof
credited per the native tree ordinance. The fund
payment and number of trees planted may vary but
shall be compliant with the Native Tree Ordinance.
35. A tree protection plan, prepared by a licensed arborist
BP
PS
shal I be submitted and approved by staff prior to the
issuance of any permit, to include the following:
■ Tree protection fencing shall be constructed of
welded wire mesh on metal "Y' posts.
■ The project arborist shall be on-site for any work
within the driplines of existing native trees.
Commercial
36. The front facades of buildings A, C, D, E, and F shall
BP
PS
undulate to create a variety of pedestrian spaces.
37. Trellis features shall be constructed of heavy timber
BP
PS
materials and shall be painted or stained a natural wood
tone color.
38. Trellis features shall be added to elevations #7, 15, and
BP
PS
18.
39. The applicant shall work with staff on selection of
BP
PS
building colors that provide a variety of earth -tone color
and texture with accent colors that blend with the
natural surroundings and provide a high quality
residential neighborhood appearance, consistent with
the intent of the Master Plan development standards for
the proposed conceptual commercial center, selections
subject to staff approval.
40. Stucco arch features shall be replaced by wood sided
BP
PS
tower elements consistent with Elevation #12.
41. Columns shall be consistent throughout the commercial
BP
PS
center and shall be constructed with the double wood
ITEM NUMBER:
DATE: 08-17-04
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business License
BS: Building Services
Dove Creek Master Plan
GP: Grading Permit
FD: Fire Department
PD -12
BP: Building Permit
FI: Final Inspection
PD: Police Department
CE: City Engineer
ZCH 2003-0049/ZCH 2004-0085 / CUP 2003-0099
TO: Temporary Occupancy
FO: Final Occupancy
WW: Wastewater
CA: City Attorney
columns shown on elevation #12.
42. The conceptual commercial fagade design shall
BP
PS
incorporate the following, consistent with the traditional
village theme:
■ Windows, false or real, shall be incorporated into
Elevations #1, 4, 5, 6, 7, 10, 13, 17, and 20, subject to
staff approval.
■ Dormers shall be added to elevations #3, 4, 6, 7, and
17.
■ All storefront windows shall extend below the trim band.
■ Entrances to corner shops shall be added to elevation
#9 and #13 to provide access off of the pedestrian
plaza.
■ Wood siding shall be added to the tower elements on
elevations #5, 7, 8, 17, and 18
■ Elevation #10 shall incorporate tower feature shown on
elevation #16.
43. All materials shall be consistent with the conceptual
BP
PS
architectural elevations shown in EXHIBIT C.
Residential
44. The Americana fagade theme shall consist of
BP
PS
architectural grade stucco exterior finish with
contrasting trim (material and/or texture), subject to staff
approval.
45. The applicant shall work with staff on selection of
BP
PS
building colors that provide a variety of earth -tone color
and texture with accent colors that blend with the
natural surroundings and provide a high quality
residential neighborhood appearance, consistent with
the intent of the Master Plan development standards for
all residential areas, selecti ons subject to staff approval.
46. The developer shall install all front yard landscaping
BP
PS
and common area landscaping, prior to occupancy of
the units.
47. All streets not providing sidewalks shall be considered
BP
PS
courts and shall incorporate special paving, subject to
ITEM NUMBER:
DATE: 08-17-04
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business License
BS: Building Services
Dove Creek Master Plan
GP: Grading Permit
FD: Fire Department
PD -12
BP: Building Permit
FI: Final Inspection
PD: Police Department
CE: City Engineer
ZCH 2003-0049/ZCH 2004-0085 / CUP 2003-0099
TO: Temporary Occupancy
FO: Final Occupancy
WW: Wastewater
CA: City Attorney
staff approval.
48. A decorative masonry base shall be added to the front
BP
PS
and side facades of theAmericana design theme
homes. Side treatment shall wrap at a minimum up to
where private yard fencing is located.
Single Family Residential
49. All corner yard setbacks shall be a minimum of 12 -feet
BP
PS
from the edge of right-of-way.
50. Corner lots shall incorporate equivalent architectural
BP
PS
detailing along the street facing side elevation to include
wrapped porches where feasible, subject to staff
approval.
Courtyard Homes
51. Adequate space shall be maintained between the head
BP
PS
of the guest parking spaces and private yard fencing to
accommodate a medium shade tree.
52. High windows shall be incorporated onto side
BP
PS
elevations for all zero lot line units.
53. The homeowners association shall maintain the
BP
PS
landscaped area at the terminus of the shared
driveway, unless otherwise approved by the Planning
Director or City Engineer.
54. All courtyard homes shall incorporate architectural
BP
PS
concrete tile roofing. No composition shingle roofing
shall be permitted.
Townhomes
55. Townhome unit A at the corner of J Street and H Street
BP
PS
shall be revised to take access off of J Street.
56. All two -car garage doors shall have an architectural
BP
PS
design that appears as paired single -car garage doors,
subject to staff approval.
57. Columns shall be double wood columns with a brick
BP
PS
veneer base consistent with the proposed design theme
and subject to staff approval.
ITEM NUMBER:
DATE: 08-17-04
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
Drainage
PS: Planning Services
68. Provide for the detention of up to the 100 year
BL: Business License
BS: Building Services
Dove Creek Master Plan
GP: Grading Permit
FD: Fire Department
PD -12
BP: Building Permit
FI: Final Inspection
PD: Police Department
CE: City Engineer
ZCH 2003-0049/ZCH 2004-0085 / CUP 2003-0099
TO: Temporary Occupancy
FO: Final Occupancy
WW: Wastewater
CA: City Attorney
58. All townhomes shall incorporate architectural concrete
BP
PS
tile roofing. No composition shingle roofing shall be
permitted.
Fire Marshal
59. Minimum fire flow required for proposed
BP
BS
development that includes commercial property
building footprints of 25,000 square feet, single
story will be approximately 2250 GPM for 2 hours.
60. All buildings 5000 square feet or greater require
BP
BS
automatic fire sprinklers -Design of such systems
to be either NFPA 13 for commercial or NFPA
13D for residential.
61. Fire hydrant spacing not to exceed 500 feet.
BP
BS
62. Fire apparatus access roads and water supplies
BP
BS
(fire hydrants) for fire protection is required to be
installed and made serviceable prior to and during
the time of construction.
63. All access roadways in a Planned Unit
BP
BS
Development (PUD) shall be built/installed
according to California Fire Code 2001 Section
902.1, Appendix III -D.
64. Roadways shall extend to within 150 of all
BP
BS
portions of exterior walls of the first story of any
building.
65. Assure all roads built with adequate turning radius
BP
BS
of at least 28 feet inside, 48 feet outside.
66. Portable fire extinguishers required on exterior
BP
BS
and centrally located per 75 feet walking distance
for all multifamily units.
67. Knox security system for emergency fire dept.
BP
BS
entry required for all commercial construction
City Engineer
Project Conditions
Drainage
68. Provide for the detention of up to the 100 year
GP, BP
CE
developed storm runoff while metering out the historic
release rate of the comparable undeveloped storm.
ITEM NUMBER:
DATE: 08-17-04
No increase in down stream flow rate, up to a 100 -
year event, will be allowed, unless a full analysis of
downstream drainage impacts is completed and
approved from the project boundary to the Salinas
River and downstream improvements are constructed
to mitigate any downstream impacts to properties.
69. Submit calculations to support the design and
GP, BP
CE
construction of any structures or pipes. Closed
conduits shall be designed to convey the 10 -year flow
with gravity flow; the 25 -year flow with head, and
provide safe conveyance for the 100 -year overflow.
70. Drainage basins shall be designed to desilt, detain
GP, BP
CE
and meter storm flows as well as release them to
natural runoff locations.
71. Vegetative earth channels and swales will be used to
GP, BP
CE
convey minor concentrations of storm water from
developed areas to drain inlets.
72. Drain Inlets will be designed with permeable surface
GP, BP
CE
of oil and water separator/sediment trap to reduce
pollutions. The project HOA will be responsible for the
cleaning and maintaining these systems.
73. This project proposes to fill in the FEMA 100 -year
GP, BP
CE
Floodplain. A 100 -year Floodway will be created in
the existing 100 -year Floodplain. No structures or fill
will be placed within the limits of the floodway. A
standard Letter of Map Revision will be submitted and
approved by the City and FEMA. The Floodway
widths will be created such that the rise of the 100 -
year floodwater elevation is no more than one foot on
the interior of the site and there is no increase at the
EI Camino Real culverts.
74. Structures placed outside the 100 -year Floodway
GP, BP
CE
boundary shall have finished floor elevations a
minimum of one foot above the base flood elevation.
75. Concentrated drainage from off-site areas shall be
GP, BP
CE
conveyed across the project site in drainage
easements. Acquire drainage easements where
needed. Drainage shall cross lot lines only where a
drainage easement has been provided. If drainage
easement cannot be obtained the storm water
release must follow the exact historic path, rate and
velocity as prior to the subdivision.
76. Applicant shall submit Sediment and Erosion Control
GP, BP
CE
Plans and a Storm Water Pollution Prevention Plan
(SWPPP). The Regional Water Quality Control Board
(RWQCB) shall approve the SWPPP. These plans
will follow the design and construction these
mitigations per the rules of the City of Atascadero, the
RWQCB and measures listed in the project
environmental document.
ITEM NUMBER:
DATE: 08-17-04
77. Traffic Mitigation:
GP, BP
CE
A Traffic Impact Study was produced for this project by Omni -
Means. In the study there are recommended mitigation
measures. Listed below are conditions to implement the
mitigation measures:
A Santa Barbara Road/EI Camino Real: Install Traffic Signal
This is required to be installed prior to the first unit
occupied. The construction costs for the signal will be
counted as credit toward the Traffic Impact Fee.
B. Santa Barbara Road/US 101 Interchange
The study found that the following Improvements are
required for the interchange. Also list is the percent "fair
Share" that this project is responsible for the
improvement. These are to be installed prior to the first
unit occupies or the first commercial building opened.
These are improvements that are not identified as needed
improvements in the City of Atascadero Circulation
Element and the Growth Mitigation Program. Therefore,
the growth mitigation fee does not cover the
improvements. The developer may record a
reimbursement agreement against future tip generation
facilities to recoup a portion of the cost of construction.
■ Santa Barbara Road/US 101 SB Ramps: Install
Traffic Signal (39.3%)
■ Santa Barbara Road/US 101 NB Ramps: Install
Traffic Signal (52.4%)
The above two signals shall be interconnected.
C. Viejo Camino/EI Camino Real: Install Traffic Signal
(33.4%)
D. San Diego Way/EI Camino Real: Install Traffic Signal
(31.4%)
The improvements listed in C. and D. are improvements
that are not identified as needed improvements in the City
of Atascadero Circulation Element and the Growth
Mitigation Program. Therefore, the growth mitigation fee
does not cover the improvements.
The developer is required to submit engineers estimate for
the cost of construction of the improvements. The
developer shall pay the percent "fair Share" of the
engineer's estimates. These funds will be placed in an
account for the improvements. The developer may pay the
amount incrementally with each building permit.
E. Santa Barbara Road between EI Camino Real and US
101. Construct two-lane road with left turn channelization,
bike lanes and pedestrian sidewalk.
F. EI Camino Real between Santa Barbara Road and project
north boundary. Construct two southbound and one
ITEM NUMBER:
DATE: 08-17-04
northbound travel lanes, bike lanes in both directions,
median and left turn channelization.
All public improvements shall be constructed in conformance
with the City of Atascadero Engineering Department Standard
Specifications and Drawings or as directed by the City
Engineer.
Sewer
78. No sewer system currently exists in proposed project
GP, BP
CE
area. Should Dove Creek be the first development to
require connection to the new sewer system mainline
extension, the developer of the Dove Creek will be
responsible for the financing and construction of the
mainline from the treatment plant to the Woodland's
point of connection.
79. The mainline shall be built with sufficient capacity to
GP, BP
CE
accommodate development within the Plan Area as
well as new development in the area and existing
uses.
80. Development using the sewer extension, within ten
GP, BP
CE
(15) years, shall be responsible for reimbursing the
Woodlands developer proportionate to their rate of
use.
81. A mechanism must be provided to fund and maintain
GP, BP
CE
all sewer mains throughout the project area.
82. If a lift Station is planned with this project the
GP, BP
CE
following will apply:
Lift station shall be equipped with an alarm dialer,
programmed to notify qualified maintenance
personnel when malfunctions occur. Lift Stations shall
be equipped with duplex pumps. Catalog cuts of
equipment that will be installed in lift station shall be
submitted and approved by the City Engineer.
Applicant shall submit a lift station
emergency/contingency plan that addresses
protection of public health and the environment from
sewage spills caused by equipment malfunctions and
prolonged power outages.
Provisions for the repair and maintenance of the
private wastewater pump station shall be included in
the CC&R's for this tract. Included shall be a
mechanism to maintain the private wastewater pump
station, such as a homeowners association. The City
Engineer and City Attorney shall approve the final
form prior to recordation.
General
83. Prior to final map recordation, the applicant shall
GP, BP
CE
provide a detailed cost analysis and breakdown of all
maintenance required and the amount to be billed to
ITEM NUMBER:
DATE: 08-17-04
each property annually. The analysis shall include
scheduled maintenance including slurry seals,
overlays, etc. The analysis shall include
administrative fees.
84. Prior to final map recordation, a Homeowner's
GP, BP
CE
Association shall be created and CC&R's recorded
providing for the funding and performance of required
maintenance, including streets, wastewater pump
station and sewer, drainage basins, parks, swales
and structures.
85. The applicant shall enter a Subdivision Improvement
GP, BP
CE
Agreement with the City of Atascadero prior to
recording the final map.
86. A permanent irrevocable offer of dedication shall be
FM
CE
maintained on the 1.01 -acre parcel (Lot 53) at the
intersection of Santa Barbara Rd and Highway 101.
City Engineer
Standard Conditions
87. In the event that the applicant is allowed to bond for
GP, BP
CE
the public improvements required as a condition of
this map, the applicant shall enter into a Subdivision
Improvement Agreement with the City Council.
88. An engineer's estimate of probable cost shall be
GP, BP
CE
submitted for review and approval by the City
Engineer to determine the amount of the bond.
89. The Subdivision Improvement Agreement shall record
GP, BP
CE
concurrently with the Final Map.
90. The applicant shall enter into a Plan Check/Inspection
GP, BP
CE
agreement with the City.
91. A six (6) foot Public Utility Easement (PUE) shall be
GP, BP
CE
provided contiguous to the road property frontage.
92. The applicant shall acquire title interest in any off-site
GP, BP
CE
land that may be required to allow for the construction
of the improvements. The applicant shall bear all
costs associated with the necessary acquisitions. The
applicant shall also gain concurrence from all
adjacent property owners whose ingress and egress
is affected by these improvements.
93. Slope easements shall be obtained by the applicant
GP, BP
CE
as needed to accommodate cut or fill slopes.
94. Drainage easements shall be obtained by the
GP, BP
CE
applicant as needed to accommodate both public and
private drainage facilities.
95. A preliminary subdivision guarantee shall be
GP, BP
CE
submitted for review in conjunction with the
processing of the parcel map.
96. The final m ap shall be signed by the City Engineer
prior to the map being placed on the agenda for City
Council acceptance.
ITEM NUMBER:
DATE: 08-17-04
97. Prior to recording the parcel map, the applicant shall
GP, BP
CE
pay all outstanding plan check/inspection fees.
98. Prior to recording the map, the applicant shall
GP, BP
CE
complete all improvements required by these
conditions of approval.
99. Prior to recording the parcel map, the applicant shall
GP, BP
CE
set monuments at all new property corners. A
registered civil engineer or licensed land surveyor
shall indicate by certificate on the parcel map, that
corners have been set or shall be set by a date
specific and that they will be sufficient to enable the
survey to be retraced.
100.Prior to recording the parcel map, the applicant shall
GP, BP
CE
subm it a map drawn in substantial conformance with
the approved tentative map and in compliance with all
conditions set forth herein. The map shall be
submitted for review and approval by the City in
accordance with the Subdivision Map Act and the
City's Subdivision Ordinance.
101.All existing and proposed utility, pipeline, open space,
GP, BP
CE
or other easements are to be shown on the
final/parcel map. If there are building or other
restrictions related to the easements, they shall be
noted on the final/parcel map. The applicant shall
show all access restrictions on the final/parcel map.
102.Prior to recording the parcel map, the applicant shall
GP, BP
CE
have the map reviewed by all applicable public and
private utility companies (cable, telephone, gas,
electric, Atascadero Mutual Water Company). The
applicant shall obtain a letter from each utility
company indicating their review of the map. The
letter shall identify any new easements that may be
required by the utility company. A copy of the letter
shall be submitted to the City. New easements shall
be shown on the parcel map.
103.Prior to the issuance of building permits the applicant
GP, BP
CE
shall submit plans and supporting calculations/reports
including street improvements, underground utilities,
composite utilities, and grading/drainage plans
prepared by a registered civil engineer for review and
approval by the City Engineer.
Atascadero Mutual Water Company
104.13efore recordation of the final map, the applicant
AMWC
shall submit plans to AMWC for the water distribution
facilities needed to serve the project. AMWC shall
review and approve the plans before construction
begins on the water system improvements. All water
distribution facilities shall be constructed in
conformance with AMWC Standards and Details and
the California Waterworks Standards (Code of
Regulations Title 22, Division 4, Chapter 16). All
ITEM NUMBER:
DATE: 08-17-04
cross -connection devices shall conform to AWWA
and California Department of Health Services
standards.
105.Before the start of construction on the water system
AMWC
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.
106.Before issuance of building permits, the applicant
AMWC
shall obtain a "Will Serve" letter from AMWC for the
newly created lots within the subdivision.
107.The water mains required to serve the project shall be
AMWC
laid out in a grid or looped pattern and shall connect
to the existing water mains system in Santa Barbara
Road, EI Camino Real, and San Diego Road.
108.The applicant shall design and construct a
AMWC
replacement for the existing flinch diameter water
main in San Diego Road. The replacement main
shall be 6 -inch diameter. The replacement main shall
extend from the terminus of the existing 6 -inch main
in San Diego Road north of the project boundary and
the point -of -connection of the water main extension
required for the project.
109.The applicant shall provide AMWC with easements
AMWC
for those water facilities proposed for operation and
maintenance by AMWC that are constructed outside
of publicly maintained right-of-ways. AMWC shall
review the form and content of the easements before
recordation.
110.The applicant shall submit a hydraulic analysis with
AMWC
the first plan check submittal of the water system
improvements for the project. The analysis should
take into account the fire flows required by the
Uniform Fire Code and requirements of the California
Waterworks Standards. The applicant is responsible
for designing and constructing water system
improvements that will provide water at pressures and
flows adequate for the domestic and fire protection
needs of the project.
111.The applicant shall obtain a separate landscape-
AMWC
irrigation meter(s) from AMWC for the common areas
within the project.
112.1-andscaping for the common areas shall be drought-
AMWC
tolerant. Before construction of the water system
improvements, AMWC shall review and approve the
landscape plans br the common areas within the
project. The landscape plan submittal shall
incorporate the following:
■ Plant list w/ Water Use Classification of Landscape
Species (WUCOLS) rating specified. Preference
shall be given to plants with very low (VL) and low (L)
WUCOLS ratings.
ITEM NUMBER:
DATE: 08-17-04
■ Justification for use of plants with WUCOLS rating of
M or greater.
■ Total landscaped area including hardscapes (patios,
walks & decks) and planted areas and excluding
sidewalks, driveways, streets or parking.
■ The size and shape of turf areas shall promote for
efficient irrigation shall be no less than 8 -feet wide.
Tun` type shall be warm -season grasses. Turf areas
shall be kept to a minimum and shall be limited to
functional areas only. A goal of the landscape design
should be a total turf area of no more than 10% of the
total landscaped area.
113.13efore construction of the water system
AMWC
improvements, AMWC shall review and approve the
irrigation plans for the common areas within the
project. The irrigation plan submittal shall include the
following:
■ Landscape irrigation meter location and size.
■ Backflow prevention device type, location, and
manufacturer
■ Flow and precipitation rate for each circuit
■ Irrigation schedules including schedules for
establishment period and post establishment period
■ Total anticipated water application per circuit per
month for both schedules
■ Total landscape water application.
■ Use drip irrigation where ever possible
■ A check valve shall be installed on the lowest head in
each sprinkler circuit
ITEM NUMBER:
DATE: 08-17-04
EXHIBIT B: Statistical Project Summary
Table 1.1: Land Use Summary
Village/
Land Use
Description
Units
Acres
% of Land
Area
A
Towiihomes
66
7.9
12.6
B
Townhomes
32
4.3
6.9
C
Courtyard Homes
48
5.8
9.3
D
Single -Family Homes
45
9.1
14.4
E
Courtyard Homes
49
6.7
10.6
ITEM NUMBER
DATE: 08-17-04
EXHIBIT C: Dove Creek Master Plan of Development
See attached document prepared by
RRM Design Group dated July 9, 2004
(The Villages at Dove Creek:
Master Plan of Development)
ITEM NUMBER: 5
DATE: 08-17-04
EXHIBIT D: Dove Creek Native Tree Inventory / Preservation Plan
See attached document prepared by
Althouse and Meade, Inc dated August 2004
(Native tree Inventory: Dove Creek Mixed Use Development)
ITEM NUMBER: 5
DATE: 08-17-04
ATTACHMENT 9: Draft Resolution PC 2004-0099
Dove Creek Master Plan of Development
Approval of Proposed Vesting Tentative Tract Map 2003-0033
DRAFT RESOLUTION PC 2004-0099
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO RECOMMENDING THAT THE
CITY COUNCIL APPROVE VESTING TENTATIVE TRACT MAP 2003-
00339 A ONE HUNDRED FIFTY FOUR LOT SUBDIVISION CONSISTENT
WITH A MASTER PLAN OF DEVELOPMENT ON APN 045-342-0039 045-
381-0109 045-381-0071, 045-381-0099 045-331-0029 045-331-0049 045-331-0089
045-331-0019 045-342-0059 045-342-0049 045-342-0139 045-342-0019 -342-008,
045-342-0029 045-352-005
(Dove Creek / Bermant Development Company)
WHEREAS, an application has been received from Bermant Development Company
(5383 Hollister Ave, Suite 150, Santa Barbara, CA 93111) applicant to consider a project
consisting of a Zone Change from CR (Commercial Retail) to CR/RMF-10/OS/PD-12
(Commercial Retail/Residential Multi family-10/Open Space/Planned Development Overlay
#12) on a 63.3 -acre site located at Santa Barbara Rd and El Camino Real, Atascadero, CA
93422 (APN 045-342-003, 045-381-010, 045-381-007, 045-381-009, 045-331-002, 045-331-
004, 045-331-008, 045-331-001, 045-342-005, 045-342-004, 045-342-013, 045-342-001, 045-
342-008, 045-342-002, 045-352-005); and,
WHEREAS, the site's General Plan Designation is (MU) Mixed -Use; and,
WHEREAS, the site's current zoning district is CR (Commercial Retail); and,
WHEREAS, the Planning Commission has recommended that a site be rezoned to
include CR/RMF-10/OS/PD-12 (Commercial Retail/Residential Multr family-10/Open
Space/Planned Development Overlay #12) zoning districts on the project site which requires the
adoption of the Dove Creek Master Plan of Development document; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative
Tract Map application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said application; and,
ITEM NUMBER: 5
DATE: 08-17-04
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on August 17, 2004, studied and considered Tentative Tract Map 2003-
0033, 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, including all provisions of PD -12.
2. The design and improvement of the proposed subdivision is consistent with the
General Plan and applicable zoning requirements.
3. The proposed subdivision, as conditioned, is consistent with the proposed Master
Plan of Development (CUP 2003-0099).
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. Covenants, Conditions and Restrictions (CC&R's) or equivalent shall be required that
incorporate the Master Plan of Development conditions of approval to ensure that the
site retains the proposed qualities (architecture, colors, materials, plan amenities,
fencing, and landscaping) over time.
9. The proposed subdivision design and type of improvements proposed will not be
detrimental to the health, safety or welfare of the general public.
ITEM NUMBER: 5
DATE: 08-17-04
SECTION 2. Recommendation of Approval. The Planning Commission of the City of
Atascadero, in a regular session assembled on August 17, 2004, resolved to recommend that the
City Council approve Vesting Tentative Tract Map (TTM 2003-0033) subject to the following:
1. Exhibit A: Vesting Tentative Tract Map 2003-0033
2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program.
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by
the Planning Commission Secretary to the City Council of the City of Atascadero.
AYES: ( )
NOES: ( )
ABSENT: ( )
ABSTAIN: ( )
ADOPTED:
CITY OF ATASCADERO, CA
Bob Kelley
Planning Commission Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
Exhibit A: Vesting Tentative Tract Map 2003-0033 (Sheet 1 of 2)
Ilk
ITEM NUMBER: 5
DATE: 08-17-04
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ITEM NUMBER:
DATE: 08-17-04
Exhibit B: Conditions of Approval / Mitigation Monitoring Program
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
Dove Creek
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Map
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TTM 2003-0033
TO: Temporary Occupancy
FI: Final inspection
WW: Wastewater
CA: City Attorney
FO: Final Occupancy
AMWC: Water Comp.
Planning Services
1. The approval of this Tentative Parcel Map shall not
FM
PS
become final and effective following approval of Zone
Change 2003-0049 and ZCH 2004-0085.
2. Approval of this Tentative Parcel Map shall be valid for
FM
PS
two years after its effective date. At the end of the
period, the approval shall expire and become null and
void unless an extension of ime is granted pursuant to
a written request received prior to the expiration date.
3. The Community Development Department shall have
FM
PS
the authority to approve minor changes to the project
that (1) result in a superior site design or appearance,
and/or (2) address a design issue that is not substantive
to the Tentative Tract Map and that the Final Map is in
substantial conformance with the Tentative Map.
4. The Tract Map shall be subject to additional fees for
FM
PS
park or recreation purposes (QUIMBY Act) as required
by City Ordinance.
5. The applicant shall record CC&R's for the subdivision
FM
PS
subject to the review and approval of the City Engineer,
City Attorney and the Community Development
Director. The CC&R's shall also state that all exterior
colors, exterior materials, yard fencing and site
landscaping shall be consistent with the overall Master
Plan of Development as adopted.
6. The granting of this entitlement shall apply to the
On going
PS
property located at APN 045-342-003, 045-381-010,
045-381-007, 045-381-009, 045-331-002, 045-331-004,
045-331-008, 045-331-001, 045-342-005, 045-342-004,
045-342-013, 045-342-001, 045-342-008, 045-342-002,
045-352-005 regardless of owner.
7. The Final Map shall be drawn in substantial
FM
PS
conformance with the approved tentative map, and in
compliance with all conditions set forth herein, shall be
submitted for review and approval in accordance with
the Subdivision Map Act and the City's Subdivision
Ordinance.
ITEM NUMBER:
DATE: 08-17-04
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
base density units as Low -Income units in accordance
GP: Grading Permit
PS: Planning Services
with State Density Bonus requirements.
BP: Building Permit
BS: Building Services
Dove Creek
SIP: Subdivision
FD: Fire Department
Vesting Tentative Tract Map
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TTM 2003-0033
TO: Temporary Occupancy
FI: Final inspection
WW: Wastewater
CA: City Attorney
with City Council Policy, prior to or concurrently with the
F0: Final Occupancy
AMWC: Water Comp.
8. The subdivider shall defend, indemnify, and hold
FM
PS
harmless the City of Atascadero or its agents, officers,
FM
PS
and employees against any claim or action brought to
challenge an approval by the city, or any of its entities,
concerning the subdivision.
9. Street names shall be determined prior to the
FM
PS
recordation of the final map. All street names shall be
reviewed and approved by the Community
Development Department, Fire Department, and Police
Department.
10. All subsequent Tentative Tract Map and construction
FM
PS, CE
permits shall be consistent with the Master Plan of
Development contained herein.
11. The project shall deed restrict either 10% of the base
FM
PS, CE
density units as Very -Low income units or 20% of the
base density units as Low -Income units in accordance
with State Density Bonus requirements.
Affordable residential units shall be reserved as deed
restricted affordable units for a 30 -year period in
accordance with State requirements and as consistent
with City Council Policy, prior to or concurrently with the
final map.
12. Workforce Housing
FM
PS
Prior to recordation of final map, the applicant shall enter into a
legal agreement with the City to reserve ''h of the units for sale
to residents or workers within the City of Atascadero, including
the affordable units. The agreement shall include the following
provisions:
■ The units shall be offered for sale to residents or workers
within the City of Atascadero for a minimum of 60 -days.
During this time period offers may only be accepted from
Atascadero residents or workers;
■ The applicant shall provide reasonable proof to the City
that at least one of the qualified buyers is a resident or
worker within the City Limits of Atascadero;
■ The Atascadero resident or worker restriction shall apply
to the initial sale only;
■ The applicant shall identify which units will be reserved;
ITEM NUMBER:
DATE: 08-17-04
and
The City Attorney shall approve the final form of the agreement.
13. The emergency services and facility maintenance costs
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listed below shall be 100% funded by the project in
perpetuity. The service and maintenance cost shall be
funded through a community facilities district
established by the developer subject to City approval.
The funding mechanism must be in place prior to or
concurrently with acceptance of the any final maps.
The funding mechanism shall be approved by the City
Attorney, City Engineer and Administrative Services
Director prior to acceptance of any final map. The
administration of the above mentioned funds shall be by
the City.
■ All Atascadero Police Department service costs
to the project.
■ All Atascadero Fire Department service costs to
the project.
■ Off-site common City of Atascadero park facilities
maintenance service costs related to the project.
14. All tract maintenance cost listed below shall be 100%
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funded by the project in perpetuity. The service and
maintenance cost shall be funded through a Home
Owners Association established by the developer
subject to City approval. The Home Owners
Association must be in place prior to, or concurrently
with acceptance of the any final maps. The Home
Owners Association shall be approved by the City
Attorney, City Engineer and Administrative Services
Director prior to acceptance of any final map. The
administration of the above mentioned funds and the
coordination and performance of mainfenance activities
shall be the responsibility of the Home Owners
Association.
■ All streets, bridges, sidewalks, streetlights, street
signs, roads, emergency access roads, emergency
access gates, and sewer mains within the project.
■ All parks, trails, recreational facilities and like
facilities.
■ All open space and native tree preservation
areas.
■ All drainage facilities and detention basins.
■ All creeks, flood plains, floodways, wetlands, and
riparian habitat areas.
■ All common landscaping areas, street trees,
medians, parkway planters, manufactured slopes
outside private yards, and other similar facilities.
ITEM NUMBER:
DATE: 08-17-04
■ All frontage landscaping along arterial streets
and US 101 freeway.
15. The project applicant may apply for capital facility fee
credits for Master Facilities Plan projects ST -04, ST -06
and ST -19. Credits may only be applied to individual
building permits at time of issuance up to the maximum
Circulation System fee for each permit per schedule
5.3. The amount of credit will be determined based on
the percentage of each facility constructed and the
actual construction cost receipts subject to the review
and approval of the City Engineer and Administrative
Services Director. Credit for street construction will
limited to facilities and improvements starting at the lip
of gutter.
Fire Marshal
16. Minimum fire flow required for proposed
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development that includes commercial property
building footprints of 25,000 square feet, single
story will be approximately 2250 GPM for 2 hours.
17. All buildings 5000 square feet or greater require
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automatic fire sprinklers -Design of such systems
to be either NFPA 13 for commercial or NFPA
13D for residential.
18. Fire hydrant spacing not to exceed 500 feet.
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19. Fire apparatus access roads and water supplies
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(fire hydrants) for fire protection is required to be
installed and made serviceable prior to and during
the time of construction.
20. All access roadways in a Planned Unit
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Development (PUD) shall be built/installed
according to California Fre Code 2001 Section
902.1, Appendix III -D.
21. Roadways shall extend to within 150 of all
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portions of exterior walls of the first story of any
building.
22. Assure all roads built with adequate turning radius
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of at least 28 feet inside, 48 feet outside.
23. Portable fire extinguishers required on exterior
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and centrally located per 75 feet walking distance
for all multifamily units.
24. Knox security system for emergency fire dept.
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entry required for all commercial construction
City Engineer
Project Conditions
ITEM NUMBER:
DATE: 08-17-04
Drainage
25. Provide for the detention of up to the 100 year
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developed storm runoff while metering out the historic
release rate of the comparable undeveloped storm.
No increase in down stream flow rate, up to a 100 -
year event, will be allowed, unless a full analysis of
downstream drainage impacts is completed and
approved from the project boundary to the Salinas
River and downstream improvements are constructed
to mitigate any downstream impacts to properties.
26. Submit calculations to support the design and
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construction of any structures or pipes. Closed
conduits shall be designed to convey the 10 -year flow
with gravity flow; the 25 -year flow with head, and
provide safe conveyance for the 100 -year overflow.
27. Drainage basins shall be designed to desilt, detain
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and meter storm flows as well as release them to
natural runoff locations.
28. Vegetative earth channels and swales will be used to
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convey minor concentrations of storm water from
developed areas to drain inlets.
29. Drain Inlets will be designed with permeable surface
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of oil and water separator/sediment trap to reduce
pollutions. The project HOA will be responsible for the
cleaning and maintaining these systems.
30. This project proposes to fill in the FEMA 100 -year
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Floodplain. A 100 -year Floodway will be created in
the existing 100 -year Floodplain. No structures or fill
will be placed within the limits of the floodway. A
standard Letter of Map Revision will be submitted and
approved by the City and FEMA. The Floodway
widths will be created such that the rise of the 100 -
year floodwater elevation is no more than one foot on
the interior of the site and there is no increase at the
EI Camino Real culverts.
31. Structures placed outside the 100 -year Floodway
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boundary shall have finished floor elevations a
minimum of one foot above the base flood elevation.
32. Concentrated drainage from off-site areas shall be
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conveyed across the project site in drainage
easements. Acquire drainage easements where
needed. Drainage shall cross lot lines only where a
drainage easement has been provided. If drainage
easement cannot be obtained the storm water
release must follow the exact historic path, rate and
velocity as prior to the subdivision.
33. Applicant shall submit Sediment and Erosion Control
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Plans and a Storm Water Pollution Prevention Plan
(SWPPP). The Regional Water Quality Control Board
(RWQCB) shall approve the SWPPP. These plans
will follow the design and construction these
ITEM NUMBER:
DATE: 08-17-04
mitigations per the rules of the City of Atascadero, the
RWQCB and measures listed in the project
environmental document.
34. Traffic Mitigation:
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A Traffic Impact Study was produced for this project by Omni -
Means. In the study there are recommended mitigation
measures. Listed below are conditions to implement the
mitigation measures:
A Santa Barbara Road/EI Camino Real: Install Traffic Signal
This is required to be installed prior to the first unit
occupied. The construction costs for the signal will be
counted as credit toward the Traffic Impact Fee.
B. Santa Barbara Road/US 101 Interchange
The study found that the following Improvements are
required for the interchange. Also list is the percent "fair
Share" that this project is responsible for the
improvement. These are to be installed prior to the first
unit occupies or the first commercial building opened.
These are improvements that are not identified as needed
improvements in the City of Atascadero Circulation
Element and the Growth Mitigation Program. Therefore,
the growth mitigation fee does not cover the
improvements. The developer may record a
reimbursement agreement against future trip generation
facilities to recoup a portion of the cost of construction.
■ Santa Barbara Road/US 101 SB Ramps: Install
Traffic Signal (39.3%)
■ Santa Barbara Road/US 101 NB Ramps: Install
Traffic Signal (52.4%)
The above two signals shall be interconnected.
C. Viejo Camino/EI Camino Real: Install Traffic Signal
(33.4%)
D. San Diego Way/EI Camino Real: Install Traffic Signal
(31.4%)
The improvements listed in C. and D. are improvements
that are not identified as needed improvements in the City
of Atascadero Circulation Element and the Growth
Mitigation Program. Therefore, the growth mitigation fee
does not cover the improvements.
The developer is required to submit engineers estimate for
the cost of construction of the improvements. The
developer shall pay the percent "fair Share" of the
engineer's estimates. These funds will be placed in an
account for the improvements. The developer may pay the
amount incrementally with each building permit.
E. Santa Barbara Road between EI Camino Real and US
101. Construct two-lane road with left turn channelization,
ITEM NUMBER:
DATE: 08-17-04
bike lanes and pedestrian sidewalk.
F. EI Camino Real between Santa Barbara Road and project
north boundary. Construct two southbound and one
northbound travel lanes, bike lanes in both directions,
median and left turn channelization.
All public improvements shall be constructed in conformance
with the City of Atascadero Engineering Department Standard
Specifications and Drawings or as directed by the City
Engineer.
Sewer
35. No sewer system currently exists in proposed project
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area. Should Dove Creek be the first development to
require connection to the new sewer system mainline
extension, the developer of the Dove Creek will be
responsible for the financing and construction of the
mainline from the treatment plant to the Woodland's
point of connection.
36. The mainline shall be built with sufficient capacity to
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accommodate development within the Plan Area as
well as new development in the area and existing
uses.
37. Development using the sewer extension, within ten
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(15) years, shall be responsible for reimbursing the
Woodlands developer proportionate to their rate of
use.
38. A mechanism must be provided to fund and maintain
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all sewer mains throughout the project area.
39. If a lift Station is planned with this project the
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following will apply:
Lift station shall be equipped with an alarm dialer, programmed
to notify qualified maintenance personnel when malfunctions
occur. Lift Stations shall be equipped with duplex pumps.
Catalog cuts of equipment that will be installed in lift station
shall be submitted and approved by the City Engineer.
Applicant shall submit a lift station emergency/contingency
plan that addresses protection of public health and the
environment from sewage spills caused by equipment
malfunctions and prolonged power outages.
Provisions for the repair and maintenance of the private
wastewater pump station shall be included in the CC&R's for
this tract. Included shall be a mechanism to maintain the
private wastewater pump station, such as a homeowners
association. The City Engineer and City Attorney shall
approve the final form prior to recordation.
General
40. Prior to final map recordation, the applicant shall
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provide a detailed cost analysis and breakdown of all
ITEM NUMBER:
DATE: 08-17-04
maintenance required and the amount to be billed to
each property annually. The analysis shall include
scheduled maintenance including slurry seals,
overlays, etc. The analysis shall include
administrative fees.
41. Prior to final map recordation, a Homeowner's
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Association shall be created and CC&R's recorded
providing for the funding and performance of required
maintenance, including streets, wastewater pump
station and sewer, drainage basins, parks, swales
and structures.
42. The applicant shall enter a Subdivision Improvement
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Agreement with the City of Atascadero prior to
recording the final map.
43. A permanent irrevocable offer of dedication shall be
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maintained on the 1.01 -acre parcel (Lot 53) at the
intersection of Santa Barbara Rd and Highway 101.
City Engineer
Standard Conditions
44. In the event that the applicant is allowed to bond for
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the public improvements required as a condition of
this map, the applicant shall enter into a Subdivision
Improvement Agreement with the City Council.
45. An engineer's estimate of probable cost shall be
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submitted for review and approval by the City
Engineer to determine the amount of the bond.
46. The Subdivision Improvement Agreement shall record
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concurrently with the Final Map.
47. The applicant shall enter into a Plan Check/Inspection
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agreement with the City.
48. A six (6) foot Public Utility Easement (PUE) shall be
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provided contiguous to the road property frontage.
49. The applicant shall acquire title interest in any off-site
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land that may be required to allow for the construction
of the improvements. The applicant shall bear all
costs associated with the necessary acquisitions. The
applicant shall also gain concurrence from all
adjacent property owners whose ingress and egress
is affected by these improvements.
50. Slope easements shall be obtained by the applicant
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as needed to accommodate cut or fill slopes.
51. Drainage easements shall be obtained by the
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applicant as needed to accommodate both public and
private drainage facilities.
52. A preliminary subdivision guarantee shall be
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submitted for review in conjunction with the
processing of the parcel map.
53. The final map shall be signed by the City Engineer
prior to the map being placed on the agenda for City
ITEM NUMBER:
DATE: 08-17-04
Council acceptance.
54. Prior to recording the parcel map, the applicant shall
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pay all outstanding plan check/inspection fees.
55. Prior to recording the map, the applicant shall
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complete all improvements required by these
conditions of approval.
56. Prior to recording the parcel map, the applicant shall
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set monuments at all new property corners. A
registered civil engineer or licensed land surveyor
shall indicate by certificate on the parcel map, that
corners have been set or shall beset by a date
specific and that they will be sufficient to enable the
survey to be retraced.
57. Prior to recording the parcel map, the applicant shall
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submit a map drawn in substantial conformance with
the approved tentative map and in compliance with all
conditions set forth herein. The map shall be
submitted for review and approval by the City in
accordance with the Subdivision Map Act and the
City's Subdivision Ordinance.
58. All existing and proposed utility, pipeline, open space,
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or other easements are to be shown on the
final/parcel map. If there are building or other
restrictions related to the easements, they shall be
noted on the final/parcel map. The applicant shall
show all access restrictions on the final/parcel map.
59. Prior to recording the parcel map, the applicant shall
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have the map reviewed by all applicable public and
private utility companies (cable, telephone, gas,
electric, Atascadero Mutual Water Company). The
applicant shall obtain a letter from each utility
company indicating their review of the map. The
letter shall identify any new easements that may be
required by the utility company. A copy of the letter
shall be submitted to the City. New easements shall
be shown on the parcel map.
60. Prior to the issuance of building permits the applicant
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shall submit plans and supporting calculations/reports
including street improvements, underground utilities,
composite utilities, and grading/drainage plans
prepared by a registered civil engineer for review and
approval by the City Engineer.
Atascadero Mutual Water Company
61. Before recordation of the final map, the applicant
AMWC
shall submit plans to AMWC for the water distribution
facilities needed to serve the project. AMWC shall
review and approve the plans before construction
begins on the water system improvements. All water
distribution facilities shall be constructed in
conformance with AMWC Standards and Details and
the California Waterworks Standards (Code of
ITEM NUMBER:
DATE: 08-17-04
Regulations Title 22, Division 4, Chapter 16). All
cross -connection devices shall conform to AWWA
and California Department of Health Services
standards.
62. Before the start of construction on the water system
AMWC
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.
63. Before issuance of building permits, the applicant
AMWC
shall obtain a "Will Serve" letter from AMWC for the
newly created lots within the subdivision.
64. The water mains required to serve the project shall be
AMWC
laid out in a grid or looped pattern and shall connect
to the existing water mains system in Santa Barbara
Road, EI Camino Real, and San Diego Road.
65. The applicant shall design and construct a
AMWC
replacement for the existing 4 -inch diameter water
main in San Diego Road. The replacement main
shall be 6 -inch diameter. The replacement main shall
extend from the terminus of the existing 6 -inch main
in San Diego Road north of the project boundary and
the point -of -connection of the water main extension
required for the project.
66. The applicant shall provide AMWC with easements
AMWC
for those water facilities proposed for operation and
maintenance by AMWC that are constructed outside
of publicly maintained right-of-ways. AMWC shall
review the form and content of the easements before
recordation.
67. The applicant shall submit a hydraulic analysis with
AMWC
the first plan check submittal of the water system
improvements for the project. The analysis should
take into account the fire flows required by the
Uniform Fire Code and requirements of the California
Waterworks Standards. The applicant is responsible
for designing and constructing water system
improvements that will provide water at pressures and
flows adequate for the domestic and fire protection
needs of the project.
68. The applicant shall obtain a separate landscape-
AMWC
irrigation meter(s) from AMWC for the common areas
within the project.
69. Landscaping for the common areas shall be drought
AMWC
tolerant. Before construction of the water system
improvements, AMWC shall review and approve the
landscape plans for the common areas within the
project. The landscape plan submittal shall
incorporate the following:
■ Plant list w/ Water Use Classification of Landscape
Species (WUCOLS) rating specified. Preference
shall be given to plants with very low (VL) and low (L)
WUCOLS ratings.
■ Justification for use of plants with WUCOLS rating of
M or greater.
■ Total landscaped area including hardscapes (patios,
walks & decks) and planted areas and excluding
sidewalks, driveways, streets or parking.
■ The size and shape of turf areas shall promote for
efficient irrigation shall be no less than 8 -feet wide.
ITEM NUMBER:
DATE: 08-17-04
Turf type shall be warm -season grasses. Turf areas
shall be kept to a minimum and shall be limited to
functional areas only. A goal of the landscape design
should be a total turf area of no more than 10% of the
total landscaped area.
70. Before construction of the water system
AMWC
improvements, AMWC shall review and approve the
irrigation plans for the common areas within the
project. The irrigation plan submittal shall include the
following:
■ Landscape irrigation meter location and size.
■ Backflow prevention device type, location, and
manufacturer
■ Flow and precipitation rate for each circuit
■ Irrigation schedules including schedules for
establishment period and post establishment period
■ Total anticipated water application per circuit per
month for both schedules
■ Total landscape water application.
■ Use drip irrigation where ever possible
■ A check valve shall be installed on the lowest head in
each sprinkler circuit