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Home My WebLink AboutPC_2004-11-03_AgendaPacketCITY OFATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Wednesday November 3, 2004 — 7:00 P.M. City of Atascadero Pavilion on the Lake 9315 Pismo Ave. - Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Kelley Vice Chairperson Porter Commissioner Fonzi Commissioner Jones Commissioner Peterson Commissioner Beraud Commissioner O'Keefe 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 OCTOBER 19, 2004. 2. ACCEPTANCE OF FINAL MAP 2004-0096:9100 CARMELITA AVE. (LLA 2004- 0058). COMMUNITY DEVELOPMENT STAFF REPORTS 3. TREE REMOVAL PERMIT 2004-0043 Applicant Mike Poulin, 814 E. Foster Rd., Santa Maria, CA 93455 Project Title Amendment to Tree Removal Permit 2004-0043 Project 2145 San Fernando Rd., Atascadero, CA 93422 Location APN 049-281-005 Project Request to amend Tree Removal Permit 2003-0043 to allow the removal of thirty - Description two (32) native oak trees in conjunction with the development of a 2,775 square -foot Description single-family home with 400 square -foot detached garage located at 2145 San Fernando Rd. 4. TREE REMOVAL PERMIT 2004-0064 Applicant Bruce Barnhard, 10417 Claridge Court, Bakersfield, CA 93311 Project Title TRP 2004-0064 Project 9500 Las Lomas Ave., Atascadero, CA 93422 Location APN 030-481-006 APN 030-481-005 Project Request to remove Eight (8) native Blue Oak trees. Description 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. ZONE CHANGE 2004-0078, CONDITIONAL USE PERMIT 2004-0126, TENTATIVE TRACT MAP 2004-0048 FOR A 12 -LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION Applicant Scott Griffin, 5310 Carrizo Rd, Atascadero, CA 93422 Project Title Zone Change 2004-0078, Conditional Use Permit 2004-0126, Tentative Tract Map Project Title 2004-0048 for a 12 -lot Single -Family Residential Subdivision. Project 5310 Carrizo Rd, Atascadero, CA 93422 Location (San Luis Obispo County) APN 049-101-022 Project The proposed project consists of an application for a Planned Development Overlay Description Zone, Conditional Use Permit, and Tentative Tract Map for a 12 -Lot Residential Subdivision on a 3 -acre parcel under the requirements of PD -17 Overlay Zoning District. The average lot size is 9,674 square feet. The new homes will range in size Proposed from 1,248 square feet to 1,725 square feet. The project includes one home per lot Environmental each with a two -car garage. One existing on-site colony house will be retained on site. Determination General Plan Designation: Single Family Residential -X Zoning District: Residential Single Family -X Proposed Based on the Initial Study prepared for the project, a Mitigated Negative Declaration Environmental is proposed. The proposed Mitigated Negative Declaration is available for public Determination review at 6905 El Camino Real, Suite 6, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. 6. VARIANCE 2004-0004, TRAFFIC WAY Applicant Kelly Gearhart, 6205 Alcantara Ave., Atascadero, CA 93422 Phone: 461-7504 Project Title Variance 2004-0004 Project Traffic Way, Atascadero, CA 93422 Location (San Luis Obispo County) APN 029-061-042 Project The proposed project consists of an application for a variance to permit less than Description the required 25 -foot front yard setback. General Plan Designation: HDR Zoning District: RMF -16 Proposed Exempt under Article 19, Section 15303, Class 3a Environmental Determination 7. TENTATIVE TRACT MAP 2004-0056 (TRACT 2657) AND AMENDMENT TO CUP 2002-0072 PD -9 MASTER PLAN OF DEVELOPMENT, NORTH FERROCARIL ROAD Applicant Kelly Gearhart, 6205 Alcantara Ave., Atascadero, CA 93422 Phone: 461-7504 Project Title Tentative Tract Map 2004-0056 (Tract 2657) and Amendment to CUP 2002-0072 PD -9 Master Plan of Development Project N. Ferrocaril Road, Atascadero, CA 93422 Location APN: Portion of 049-043-002 Project A request to establish sixty airspace units on one common lot, based on findings and Description subject to conditions and approving an Amendment to CUP 2002-0072 PD -9 Master Description Plan of Development, allowing for a Condominium Plan over the Senior Housing portion of the Master Plan. General Plan Designation: CREC Zoning District: LS/PD9 Proposed Staff recommends that the Planning Commission finds the project consistent with Environmental Certified Mitigated Negative Declaration 2003-0054 prepared for ZCH 2003 - Determination 0069/CUP 2002-0072/TTM 2002-0020 establishing a PD -9 Overlay with a Master Plan of Development for 60 -Unit Senior Residential complex. 8. TENTATIVE PARCEL MAP 2004-0063,5740 ROSARIO AVENUE Applicant Carl D. Malcom, 5740 Rosario, Apt. 2, Atascadero, CA 93422 Phone: 461-3205 Project Title Tentative Parcel Map 2004-0063 Project 5740 Rosario Avenue, Atascadero, CA 93422, San Luis Obispo County Location APN 029-321-014 Project A Tentative Parcel Map application for conversion of three existing rental units to Description condominium airspace units on one common lot in the Low Density Multi -Family Zoning District. The application also includes a request for an exception to the fencing standards that would allow fencing up to five (5) feet in height in the front yard setback area. The parcel is level to slightly sloped. Native trees are not proposed for removal. City sewer serves the property and water is provided by the Atascadero Mutual Water Company. General Plan Designation: Low Density Residential Zoning District: Residential Multi -family — 10 (RMF -10) Proposed The project qualifies for a Class 3(b) Categorical Exemption, which exempts the Environmental conversion and/or construction of small structures including multi -family projects of Determination less than 4 units that do not otherwise create a negative impact. COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on November 16, 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: 11-3-04 CITY OF ATASCADERO PLANNING COMMISSION MINUTES DRAFT MINUTES Regular Meeting October 19, 2004 — 7:00 P.M. CALL TO ORDER Chairperson Kelley called the meeting to order at 7:02 p.m. and Commissioner O'Keefe led the Pledge of Allegiance. Qni 1 rei i Present: Commissioners Beraud, Fonzi, Jones, O'Keefe, Peterson, Porter and Chairperson Kelley Absent: None Staff Present: Community Development Director Warren Frace, Assistant Planner Lisa Wilkinson and Recording Secretary Grace Pucci. APPROVAL OF AGENDA Chairperson Kelley announced that staff has presented an additional item for inclusion in tonight's agenda. MOTION: By Commissioner Fonzi and seconded by Commissioner O'Keefe to approve the agenda with the addition of Tree Removal Permit 2004-0063. Motion passed 7:0 by a roll -call vote. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON OCTOBER 5, 2004. MOTION: By Commissioner Beraud and seconded by Commissioner O'Keefe to approve Item #1. Motion passed 5:0 by a roll -call vote. (Fonzi, Porter abstained) COMMUNITY DEVELOPMENT STAFF REPORTS 2. TREE REMOVAL PERMIT 2004-0060 Applicant Paul Norton, P O Box 1107, Atascadero, CA 93423, Phone: 466-4776 Project Title Tree Removal Permit 2004-0060 Project Location 3872 Seperado Ave., Atascadero, CA 93422 APN 049-033-049 Project The applicant is proposing to remove one Live Oak tree on property zoned Single - Description Family Residential (SFR -X). The site is currently under construction for a 1906 square -foot residence. According to the arborist, the 48 -inch oak tree is decayed and injured beyond reclamation. Assistant Planner Lisa Wilkinson gave the staff report and answered questions of the Commission. PUBLIC COMMENT Ted Elder, applicant's arborist, explained the damage to the tree and answered questions of the Commission. Chairperson Kelley closed the Public Comment period. MOTION: By Commissioner Peterson and seconded by Commissioner O'Keefe to adopt Resolution PC 2004-0118 to approve the request to remove one 48 -inch Life Oak tree subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance. Motion passed 7:0 by a roll -call vote. 4. TREE REMOVAL PERMIT 2004-0063 (Exhibit A) Applicant Atascadero Christian Home, Inc., 8455 Santa Rosa Road, Atascadero, CA 93422 Attn: Blue Bevly Project Title Tree Removal Permit 2004-0063 Project Location Atascadero Christian Home, Inc., 8455 Santa Rosa Road, Atascadero, CA 93422 Project Description Request to remove one (1) Live Oak tree (20 inch) and one (1) 12 -inch native Blue Oak tree. Community Development Director Warren Frace gave the staff report and answered questions of the Commission. PUBLIC COMMENT Ted Elder, applicant's arborist, discussed the problem with the trees on this site and answered questions of the Commission. Chairperson Kelley closed the Public Comment period. MOTION: By Commissioner O'Keefe and seconded by Vice Chairperson Porter to approve the request to remove one Live Oak tree, 20 inches, and one 12 -inch native Blue Oak and provide mitigation for one Live Oak subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance. Motion passed 7:0 by a roll -call vote. PUBLIC HEARINGS None COMMISSIONER COMMENTS AND REPORTS Commissioner O'Keefe spoke of several construction sites she has visited where there were impacts to the trees and suggested staff monitor those sites. She thanked Mr. Elder for his straightforward comments earlier and stated ANTA is always willing to work with arborists to protect the trees. Commissioner Jones spoke of the project on the south side of Principal, where there was no erosion control, and suggested staff inspect the site. He requested from staff an inventory on where we are on the housing goals stated in the General Plan. Director Frace stated there would be a report to Council on this topic for 2003 and 2004 in February. Commissioner Fonzi informed staff of a car lot being formed on the property on Curbaril and Morro Road and asked if there were any code enforcement that could be done. Director Frace stated he would refer this to the new Code Enforcement Officer. Commissioner Fonzi also questioned the resolution of the property on Seperado. Director Frace updated the Commission on the project. Chairperson Kelley inquired if the Planned Development on Carrizo would be coming back to the Commission. Director Frace stated it would be and explained. Chairperson Kelley asked if Staples was coming to the Home Depot site. Director Frace said that it was. Commissioner O'Keefe asked for an explanation of the city's noticing process. Director Frace explained the process. DIRECTOR'S REPORT Community Development Director Frace reviewed the next Planning Commission agenda and announced that the meeting would be held on a Wednesday due to the election. Director Frace reviewed the last City Council meeting. ADJOURNMENT Chairperson Kelley adjourned the meeting at 7:46 p.m. to the next regularly scheduled meeting of the Planning Commission on Wednesday, November 3, 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 — Agenda Item #3 CADocuments and Settings\amanier\Local Settings\Temporary Internet Files\OLK1058\PC Draft Minutes. 10-19-04.doc ITEM NUMBER: 2 DATE: 11-3-04 Atascadero Planning Commission Staff Report - Public Works Department Final Map Acceptance Final Map 2004-0096 (Parcel Map ATAL 04-0018) [LLA 2004-0058] 9100 Carmelita Ave. (Greg Malik / Wilson Land Surveys) RECOMMENDATION: Staff recommends: Planning Commission accept Final Map 2004-0096 (Parcel Map ATAL 04-0018) DISCUSSION: The Community Development Department approved Lot Line Adjustment 2004-0058 on June 16, 2004. The lot line adjustment is consistent with the General Plan Zoning Regulations, and with the Building Code. Pursuant to California Government Code Section 66440 the approving legislative body (Planning Commission) cannot deny a final map that is consistent with an approved tentative map. The legislative body is also required to accept, accept subject to improvement or reject, on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. There are no offers of dedication on this map. Staff has determined that the Final Parcel Map is consistent with approved Tentative Parcel Map. PREPARED BY: Jeff van den Eikhof, Deputy Public Works Director ATTACHMENTS: Exhibit A: Final Tract Map 2004-0096 (Parcel Map ATAL 04-0018) 10-27-04 FMP 2004-0096 ITEM NUMBER: 2 Exhibit A Final Map 2004-0096 (Parcel Map ATAL 04-0018) 9100 Carmelita Ave. Greg Malik / Wilson Land Surveys -- -!7— __ q Ilk A' AVOM KM 1 \� ji. to Ill �^ M a/ V'4h �e d g8 g a i �•OakkA4b5 10-27-04 FMP 2004-0096 ITEM NUMBER: 3 DATE: 11-3-04 Atascadero Planning Commission Staff Report - Community Development Department Tree Removal Permit Amendment TRP 2004-0043 (2145 San Fernando Rd: Poulin) SUBJECT: Request to remove thirty-three (33) native oak trees, ten of which are over 24 -inches in diameter, in conjunction with the development of a 2,775 square -foot single-family home with 400 square -foot detached garage located at 2145 San Fernando Rd. RECOMMENDATION: Staff recommends: The Planning Commission adopt Resolution PC 2004-0122 to approve the removal of thirty-two native oak trees subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance, and subject to project conditions. Situation and Facts: 1. Applicant: Mike Poulin, 814 E. Foster Rd., Santa Maria, CA 93455 2. Representative: Mark Davis, 5100 Fresno Ave., Atascadero, CA 93422 3. Certified Arborist: Alvarez and Tamagni, 1615 Lupine Lane, Templeton, CA 93465 4. Project Address: 2145 San Fernando Rd., Atascadero, CA 93422; APN 049-281-005 ITEM NUMBER: 3 DATE: 11-3-04 DISCUSSION: On January 20, 2004, the Planning Commission approved a tree removal request to remove 33 native oak trees on the project site. The original approval included shared access with the adjacent parcel onto the site; however, the applicant was unable to obtain an easement which required a redesign of the driveway for the proposed project. In addition, the Planning Commission required the retention of tree #52, #53, and #54 as part of the approval. The building site has been modified for the preservation of these trees. ANALYSIS: The applicant has proposed a 2,775 square foot single-family residence on the project site. The project site is comprised of steep slopes between 13 and 50 percent with a steep bank along the San Fernando Road frontage. The majority of the parcel contains steep slopes and heavy concentrations of oak trees. The area proposed for the building site is located on slopes of approximately 24%. The residential site is stepped above the garage and driveway terminus. The front of the residence will incorporate stem wall construction to eliminate fill and reduce the amount of cut at the rear of the residence. Grading for the proposed driveway and residence site will result in the majority of the proposed tree removals. The project arborist has amended the tree protection plan to reflect all site modifications. The revised plan will result in an increase of 17" dbh to be removed on- site compared with the previous approval. Retaining walls have been incorporated into the design of the driveway to avoid impacts to adjacent trees. The driveway has also been designed to avoid a 60" Live Oak tree located toward the San Fernando frontage. A mitigation deposit will be required in the event that impacts necessitate the removal of the tree (Condition XX). Mitigation for the proposed tree removals is outlined in the attached tree mitigation table (Attachment 3, Exhibit B). 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 following findings must be made: 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; ITEM NUMBER: DATE: 11-3-04 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 Cites • 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. It is staff's opinion that finding #5 is most applicable to this request and is consistent with the previously approved tree removal request. ALTERNATIVES: 1. The Planning Commission can direct the applicant to consider modifications and alternative site configurations for the proposed project. CONCLUSION: The applicant has a submitted tree protection plan with findings from a Certified Arborist. The project as proposed requires the removal of 32 native oak trees. Staff is recommending that the Planning Commission approve the removal of 32 native oak trees. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1: Location Map Attachment 2: Site Plan Attachment 3: Site Photos Attachment 4: Arborist Report Attachment 5: Draft Resolution Attachment 1 Location Map 2145 San Fernando Rd. ITEM NUMBER DATE: 11-3-04 ITEM NUMBER: 3 DATE: 11-3-04 Attachment 2 Site Plan ~ o a. @ n. CD / I i O pi �k D Xov J. Jly �11 Nqr PA hit I -. It' -i-. ITEM NUMBER DATE: 11-3-04 Attachment 3 Site Photos View of slope along the San Fernando frontage. Attachment 4 Arborist Report ITEM NUMBER: 3 DATE: 11-3-04 T' varez tlr TamacyI Arborist. and Coa :cation Management 1615 Lupine Lane, Templeton,California93411; 7-05-04 Mike Poulin San Fernando Home Development The following addendum is in regards to the original tree protection plan for this lot in Atascadero, California. The proposed changes we addressed were the different driveway approach, the house re -positioning and the elimination of the free-standing garage. There are additional trees potentially impacted and others that will need removal. Likewise there are trees that are no longer impacted and others that will no longer have to be removed. We felt we needed to make some suggestions for the new driveway approach that may eliminate the number of removals in that area if the changes can be engineered safely. The additional trees potentially impacted are numbered as I A, 2A, etc. The numbers are on the grading plans as well as in the field on small aluminum plates on the trees themselves. Removals have red tape attached to the tag and impacted trees have yellow tape. Included is a spreadsheet for the additional trees. We added tags to some of the trees from the original tree protection (we were not using them last year) to clarify the changes. The tape color was changed on these trees to reflect the changes also. The following trees were removals in the original plan that would now be saved: #48, 49, 44, 43, 53, 54, 52, 59, 60, 61, 62, 2, 11 and 12. Total diameter inches = 293 The following trees that were proposed to be saved in the original plan that are now to be removed are #13, 40 and 41. Total diameter inches = 111 The total number of trees to be removed from the new spreadsheet (trees previously inherently protected) = 13 trees and 264 diameter inches Therefore, per the new plan there are 4 more trees that will need to be removed with 82 inches of additional removal inches. However, we feel some changes can be made to the new plan that will reduce the number of additional removals by 3 and reduce the removal inches by 127. All changes are in regards to the driveway approach. If the approach is shifted up San Fernando Road by approximately 40 feet and the driveway is constructed (must be engineered safely) to ITEM NUMBER: DATE: 11-3-04 meander between trees #13 and #14 (original plan), this can be accomplished. Trees #13, 1A and 19A could be saved. The net results would be one additional removal and a net decrease of 45 inches from the original plan. The driveway needs to be engineered to maintain original grade between trees #13 and #14 with permeable pavers within the drip lines of these two trees. The grading in this area shall be monitored. We, the arborists, must be notified prior to all monitoring required for this project (see original tree protection plan). Please refer to the new plans for additional trees (A series) and note proposed driveway shifting. It needs to be noted here that tree #20A is completely dead and has been for many years. It does add 30 additional inches of removal for this project (included in above calculations). Thank you for the opportunity to work on this project. 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V M N M M M M M M Cl) ~O U = z CO M CO N N M t M M N C) N N 0) M co MN M M N N N f� M N 00 N H W W M M V N N N M M� N N N cr N to w V X O O X X X X O O X X X X X X X X O X X 0: w 0 J -j O O O O J -' 0 0 0 0 0 0 0 0 -' O O W T- N M d' to W 1- 00 a) O N M to to h 00 O O w N N N N N N N N 04 M M M Cl) Cl M M CO) M MIct v 0 N d w W W T- U) U) O a a^ W a U) z 0 H � U W 0 af a w cfl Ln M N r ITEM NUMBER: 3 DATE: 11-3-04 v 0 0 N E 0 L j - ` O W 30 L -O LL z C 0 m � c m c� 0 zN za � J C U CL 0 F W z o Z 0 z 0 Z 0 z 0 z 0 Z 0 z 0 Z 0 z} �' 0 z 0 z 0 z 0 Z 0 Z 0 0o 0 0 E W z} z z z z J oa F fA 0) C m C 0) C C;)0)� C C C 0) C 0 � U U 0 a N LL N LL N LL O LL O LL N LL 0 LL cn v o a� E m E m E m E a� E m E o E a� E a� E a� E O E 0 E w E o m a� a� a o 0 a 0 o o o o o 0 0 o o o o o o E o E o E o E 0 m 0 m 0 0 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 W F - Q o a a u') u') u') u') L 00 LO LOLO LO ui LO Ln oF- U cn O W H W a Z LO V M M N M M N M N N M M M V M O ~ o U Y = z a, m �''� Cp (p In LO � N Cl) f� N N N M 61 .- N to Co CO N Ln H N X M V N N M W U >-J O O X X 0 0 X 0 0 0 0 0 0 0 X X 0 0 0 W J O O J J O J J J J J J J o o J J J N O J J J J J w I T -N M [t tD f� 00 O O N M d to CO f� 00 C1 O et �t et er qT tCl i to to to c0 v 0 0 N r r C T. c F - w Lu x W a a coz O � n U W H O Lud W (.0 LC v Cl) N o Tl- ITEM NUMBER: 3 DATE: 11-3-04 I a O a 0 z z a v 0 N U) J w W F - w z Z Z cn Z y z Q � J X U a 0 Fw z� O� �w _0 F- Cl) QO 0- 0 a - a Z 2 c0 (O (0 W F - Z J Q CL d 00 F- N 0 D ZQ' O U F- 0) O W H w p Z M M N ~ O U Y Z m O N 0 LLI M w� O X O W CL J O J N J W Lu * r N M of CD tD to F- I a O a 0 z z a v 0 N r r a r C LO M N r ITEM NUMBER: 3 DATE: 11-3-04 of � (n w 0 U) U a) LL Z 2 2 a Q 6 � 0 Z3 U) � C a � o m N > a) > rn p N Z U) zQ M J R U CL W Q W Z J Q Cq 0 LL g a Z Q on- C7 0 0 0 0 0 0 0 0 CD 0 C3 0 0 U � Lu Z J U Q o o 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a s 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 oa �U, M Z o a 2— Q Q Q Q Q U f U) O W r 0 Z CO Co Co Cl) V' V' V d' V V d' Lo LO M O F O U Z Z = m OO N CO N N N O) ti N 00 N N M LO N Co N N Co O 0) O N CM Co Co (n F W W N N Cl) N N N M N M N wV X X O X X X X X X 00 X X 0 0 0 0 0 0 0 LLJ CL O O J O O O O O O J J O O -' Lu W# Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q x r N Cl) et Co r N M11 tD ti Co M G F r r r r r r r r r r N Attachment 5 v O 0 N I Draft Resolution ITEM NUMBER: 3 DATE: 11-3-04 DRAFT RESOLUTION PC 2004-0122 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO TREE REMOVAL PERMIT 2004-0043 TO ALLOW THE REMOVAL OF THIRTY-TWO NATIVE OAK TREES LOCATED AT 2145 SAN FERNANDO RD, APN 049-281-005. (POULIN) WHEREAS, an application for a Tree Removal Permit has been received from Mike Poulin, 814 E. Foster Rd., Santa Maria, CA 93455 to allow the removal of thirty-two native oak trees located at 2145 San Fernando Rd.; and, WHEREAS, the proposed project is located within the Rural Estate land use designation of the City of Atascadero's General Plan Land Use Diagram; and, WHEREAS, the proposed project is located in the Residential Suburban zoning district; and, WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on November 3, 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. SECTION 2. Approval. The Planning Commission hereby approves the amendment to Tree Removal Permit 2004-0043 subject to the following Conditions and Exhibits: ITEM NUMBER: 3 DATE: 11-3-04 Exhibit A: Conditions of Approval Exhibit B: Tree Protection Plan / Grading and Drainage 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 ITEM NUMBER: DATE: 11-3-04 Exhibit B: Conditions of Approval Tree Removal - TRP 2004-0043 Conditions Of Approval Timing Responsibility Mitigation TRP 2004-0043 /Monitoring Measure PR: Pnorto Removal PS: Planning Services BL: Business License BS: Building Services BP: Building Permit FD: Fire Department TO: Temporary Occupancy PD: Police Department FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. All tree removals shall be mitigated for based on the FO PS requirements of the Atascadero native Tree Ordinance. 2. No tree removals shall be allowed prior to the issuance of a BP PS grading permit. 3. All underground utilities shall be routed with the proposed BP PS driveway. 4. Native trees with greater than 50% dripline encroachment BP PS shall require a mitigation deposit consistent with fee requirements set forth in the Atascadero Native Tree Ordinance. Deposits shall be refunded after the completion of the project once the project arborist has certified that the tree has not been impacted to a degree which might affect the survivability of the trees. 5. A mitigation deposit will be collected for the 60" Live Oak Tree (tree #13) and shall be refunded after the completion of the project once the project arborist has certified that the tree has not been impacted to a degree which might affect the survivability of the tree. 6. A Pre -construction meeting shall be required prior to BP PS grading/building permit issuance. 7. Monitoring of construction activities by a certified arborist shall BP PS be required throughout the entirety of the project. 8. Prior to building permit final, a letter from the certified project BP PS arborist certifying construction activity in relation to on-site trees shall be required. Tree Mitigation Table 1 Evergreen Native Trees (inches) ITEM NUMBER: 3 DATE: 11-3-04 Deciduous Native Trees (inches) dbh tree # dbh 1 12 -inches 12 2 15 -inches 16 10 -inches 3 7 -inches 19 4 26 -inches 21 5 18 -inches 22 6 5 -inches 23 7 22 -inches 24 8 31 -inches 25 9 21 -inches 29 10 19 -inches 30 11 39 -inches 31 12 6 -inches 38 13 12 -inches 39 14 28 -inches 40 15 23 -inches 41 16 35 -inches 45 17 4 -inches 46 18 13 -inches 47 19 22 -inches 51 20 10 -inches 63 21 26 -inches 2A 22 6 -inches 3A 23 25 -inches 4A 24 12 -inches 5A 25 19 -inches 6A 26 17 -inches 7A 27 25 -inches 12A 28 17 -inches 13A 29 8 -inches 14A 30 12 -inches 15A 31 39 -inches 20A 32 30 -inches 20A Total 604 -inches Mitigation Requirement Total 10 -inches tree # f] Totals 614 -inches Tree Fund Payment: $ 5,033.33 Tree Fund Payment: $ 166.67 1 $ 5,200.00 ITEM NUMBER: 3 DATE: 11-3-04 Exhibit B: Tree Protection Plan/Grading and Drainage Plan Tree Removal - TRP 2004-0043 a 9 O GY `R 4 O U 4: LI ITEM NUMBER: 4 DATE: 11-3-04 Atascadero Planning Commission Staff Report - Community Development Department Tree Removal Permit TRP 2004-0064 (9500 Las Lomas Ave: Barnhard) SUBJECT: Request to remove Eight (8) native Blue Oak trees. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2004-0127 to approve the request to remove eight (8) native Blue Oak trees subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance. SITUATION AND FACTS: 1. Applicant/Representative 2. Certified Arborist: 3. Project Address: BACKGROUND: Bruce Barnhard 10417 Claridge Court Bakersfield, CA 93311 Ted Elder, Elder & Elder Ltd. 6659 Morro Road, Atascadero, CA 93422 9500 Las Lomas Atascadero, CA 93422 APN 030-481-006 APN 030-481-005 On March 25, 2003, the City Council approved Conditional Use Permit 2002-0074 and Zone Change 2002-0032, for a 28 -unit Town -home development. A Tree Removal Inventory List (Attachment 2) based upon a Preliminary Grading Plan (Attachment 3) was approved with the project. ITEM NUMBER: 4 DATE: 11-3-04 On June 9, 2004, staff met with the applicant's representative. Staff verified the trees approved for removal according to the Tree Removal Inventory List. On June 18, 2004, staff received a Tree Protection Plan from the project arborist and a preconstruction meeting was held on June 21, 2004. At the meeting, discrepancies with the approved Tree Inventory List and the Tree Protection Plan were identified; no additional trees were to be removed without Planning Commission approval. ANALYSIS: The project Arborist is requesting the additional removal of tree #7, 8, 10, 20, 21, 44, 45, and 46. These trees, according to the Arborist, are impossible to save due to the close proximity of the improvements as identified on the final Grading Plan (Attachment 4). Tree number 7, 8, 10, 20, 44, 45 & 46 are native Blue Oaks that range in size from 8 -inch to 22 -inches and have since been removed. The City of Atascadero's Tree Ordinance requires that mitigation for native tree removals be implemented as a condition of approval. Staff recommends either the on-site planting of thirty-three (33) 15 -gallon deciduous oak trees, or the payment of $5,000.00 subject to conditions of approval. Staff is not requesting an additional violation fee, due to miscommunications between the project arborist and staff; however, Planning Commission may make the findings for violation fees. Evergreen Native Trees (inches) Deciduous Native Trees (inches) Totals dbh notes Tree dbh notes 1 21 22 -inches 2 44 8 -inches 3 45 8 -inches 4 46 10 -inches 5 20 20 -inches 7 14 -inches 8 12 -inches multi -trunk 8 12 -inches multi -trunk 8 14 -inches multi -trunk 10 12 -inches multi -trunk 6 10 18 -inches multi -trunk Total 0 -inches Total 150 -inches 150 -inches Mitigation Requirement req'd tree replacements: 0 five gal trees req'd tree replacements: 100 five gal trees 100 five gal trees or 33 fifteen gallon Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees (24") 0 box trees (24") 0 box trees (24") Remaining Mitigation 0 five gal trees Remaining Mitigation 100 five gal trees 100 five gal trees Tree Fund Payment: $ Tree Fund Payment: $ 5,000.00 $ 5,000.00 TABLE 1: NATIVE TREE REMOVAL MITIGATION FINDINGS: Pursuant to the Tree Ordinance (Ordinance No. 214), "decisions on native tree removals of 24 -inch dbh-size or larger shall be made by the Planning Commission." This removal ITEM NUMBER: 4 DATE: 11-3-04 request is in addition to the tree removal requested for CUP 2002-0074 and ZCH 2002-0032. Staff has identified the following finding as appropriate for the application request. 1) The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: • Early consultation with the City • Consideration of practical design alternatives; • Provision of cost comparisons (from applicant) for practical design alternatives; • If saving tree eliminates all reasonable uses of the property; or • If saving the tree requires the removal of more desirable trees. CONCLUSION: Staff finds that the tree proposed for removal meet the requirements as shown in Finding A. This finding has been certified by the Community Development Department, and meets the required findings for removal. PREPARED BY: Lisa Wilkinson, Assistant Planner ATTACHMENTS: Attachment 1: Location and Aerial Attachment 2: Original Tree Inventory List Attachment 3: Preliminary Grading Plan Attachment 4: Letter from Arborist Attachment 5: Draft Resolution PC 2004-0127 Exhibit A: Conditions of Approval Exhibit B: Tree Protection Plan ITEM NUMBER: 4 DATE: 11-3-04 Attachment 1 Location and Aerial � rs ..! y �. _ � fes.. �' .m, '. yr�' ,� •i• _rimIva •.• i.�1: J � vill\� � r ITEM NUMBER: 4 DATE: 11-3-04 Attachment 2 Original Tree Inventory List Landscape Architecture • Recreation & Site Plamiuji Hie Villas at Monticito — Atascadero It has been requested that this office produce a list of trees to be removed and retained. We must assume that this list will be modified once a Final Master Plan is undertaken and we are given a final Grading Plan. "this list was constructed using a Site Plan dated Sept 17t1' 2002 and a Preliminary Grading Plan not dated. Tree # Removed Retained 'free it Removed Retained I x 31 X 2 x 32 x 3 x 33 x 4 X 34 x 5 x 35 x 6 X 36 x 7 x 37 x 8 X 38 x 9 x 39 x 10 x 40 x 11 x 41 x 12 x 42 x 13 x 43 x 14 x 44 x 15 x 45 x 16 x 46 x 17 X 47 x 18 X 48 x 19 x 49 x 20 x so x 21 x 51 x 22 X 52 x 23 X 53 x 24 x 54 x 25 X 55 x 26 x 56 x 27 X 57 This tree has fallen down since 28 x the original tree analysis was 29 x conducted. 30 X e February 12, 2003 J 000 7635 El Camino Real, S Lite lA • Atascadero, CA 93422 • (805) 464-0140 • 1 ITEM NUMBER: 4 DATE: 11-3-04 Attachment 3: Preliminary Grading Plan Tree Removal - TRP 2004-0064 V, 'Art It f1 K sm ON ta , >� j,: I / .i�'%fir ` ►,; r s ," r� t JFWJ LOW Ar -W-1 N - I w W1 IN, Ilk ITEM NUMBER: 4 DATE: 11-3-04 Attachment 4: Letter from Arborist Tree Removal - TRP 2004-0064 OC T 2 5 2004 COINMUN 17)' DEVELOPMENT City of Atascadero, 6905 El Camino Real, Suite #6 Atascadero, CA 93422 Attn: Ms. Lisa Wilkinson Re: The Villa's @ Montecito. Dear Ms. Wilkinson It appears that there is a problem between the report conducted in 2003 and the required 24" x 36" plan undertaken in 6-17-2004. On 12'h of February 2003 we wrote a letter stating that the City of Atascadero requested a matrix on the trees to be removed or retained. This we accomplished, copy enclosed, based on a plan dated 17'h September 2002 but we also stated that " This list will be modified once a Final Master Plan is undertaken and we are given the Final Grading Plan". Now apparently we are being held responsible for the original report even though we stated that it would be modified upon the production of the Final Grading Plan. This does not seem correct as this office did not have the final Grading Plan at the time of the construction of the Matrix and it was classified as a Preliminary. Also we tried to save tree #21 but with the grading in the field it appears that this tree will have to be removed. The City apparently does not have a method to accomplish this without coming before the Planning Commission. This means that the developer has shut the project down for at least 2 weeks before the Commission hearing. There has to be a better way and hopefully this Wednesday this too shall be resolved with a meeting between the City and the office of CDPC. If we can resolve this it will be helpful to all construction projects. Yours sincerely Conceptual esign I ning Company T Elder Ce ified Arborist ISA License #2301 State of California Landscape Architect #1402 19762 MacArthur BWd.4f utte 120. Irvine, CA 92612 Telephone. 949. 399.0870 / Facsimile. 949.399.0882 6659 Morro Road. Atascadero, CA 93422 Telephone: 805.466.3985 / facsimile: 805 ITEM NUMBER: 4 DATE: 11-3-04 Attachment 5: Draft Resolution PC 2004-0127 Tree Removal - TRP 2004-0064 DRAFT RESOLUTION PC 2004-0127 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL OF FIVE NATIVE BLUE OAK TREES LOCATED AT 9500 LAS LOMAS AVENUE (TRP 2004-0064/BARNHARD) APN 030-481-006 APN 030-481-005 WHEREAS, an application for a Tree Removal Permit has been received from Bruce Barnhard, 10417 Claridge Court, Bakersfield, CA 93311, to allow the removal of five (5) native Blue Oak trees; and, WHEREAS, the proposed project is located within the High Density Residential (HDR) Land Use Designation of the City of Atascadero's General Plan Land Use Diagram; and, WHEREAS, the proposed project is located in the Residential Multi -Family -16 (RMF -16) Zoning District; and, WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on November 3, 2004, at 7:00 p.m. at the Pavilion on the Lake located at 9315 Pismo Avenue and considered testimony and reports from staff, the applicants, and the public; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of Tree Removal Permit. The Planning Commission finds as follows: 2) 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. ITEM NUMBER: 4 DATE: 11-3-04 SECTION 2. Approval. The Planning Commission hereby approves Tree Removal Permit 2004-0064 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: ADOPTED: CITY OF ATASCADERO, CA Bob Kelley Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 11-3-04 Exhibit A: Conditions of Approval Tree Removal - TRP 2004-0064 Conditions of Approval Timing Responsibility TRP 2004-0064 /Monitoring PR: Pnorto Removal PS: Planning Services BL: Business License BS: Building Services BP: Building Permit FD: Fire Department TO: Temporary Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. The applicant shall replant thirty three (33) 15 -gallon BP PS native deciduous oak trees onsite or pay $5,000.00 into the tree mitigation fund. 2. The location of tree replantings shall be approved by the FO PS project arborist. The trees shall be monitored by the project arborist until final occupancy of entire project. ITEM NUMBER: 4 DATE: 11-3-04 Exhibit B: Tree Protection Plan Tree Removal - TRP 2004-0064 ITEM NUMBER: 5 DATE: 11-3-04 Atascadero Planning Commission Staff Report - Community Development Department 5310 Carrizo Rd. Single Family Planned Development Zone Change 2004-0078, Master Plan of Development (CUP 2004-0126), Vesting Tentative Tract Map 2004-0048 (Griffin) SUBJECT: The proposed project consists of an application for a Zone Change, Conditional Use Permit (CUP) and Tentative Tract Map. The Zone Change request would establish a Planned Development #17 overlay on the site subject to a Master Plan of Development (CUP) that would allow eleven (11) new single-family residences to be constructed and one (1) Colony Home to remain. The Tentative Tract Map would create a twelve (12) lot subdivision. RECOMMENDATION: 64mis - • , u -1 an 1. Adopt Resolution PC 2004-0123 recommending that the City Council certify Proposed Mitigated Negative Declaration 2004-0030; and, 2. Adopt Resolution PC 2004-0124 recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2004-0078 based on findings; and, 3. Adopt Resolution PC 2004-0125 recommending that the City Council approve Conditional Use Permit 2004-0126 to include the Master Plan of Development (EXHIBIT B) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Adopt Resolution PC 2004-0126 recommending the City Council approve Vesting Tentative Tract Map 2003-0048 based on findings and subject to Conditions of Approval and Mitigation Monitoring. Situation and Facts: 1. Applicant: 2. Representative 3. Project Address 4. General Plan Designation 5. Zoning District: 6. Site Area: 7. Existing Use: 8. Environmental Status: DISCUSSION: ITEM NUMBER: DATE: Scott Griffin 5310 Carrizo Rd., Atascadero, CA 93422 RTC, 7600 Morro Rd, Atascadero, CA 93422 462-1375 5310 Carrizo Rd, Atascadero, CA 93422 (San Luis Obispo County) APN 049-101-022 5 11-3-04 General Plan Designation: SFR -X (Single -Family Residential, 0.5 net acre minimum lot size) RSF-X (Residential Single -Family) 3 -acres Single -Family Residence Proposed Mitigated Negative Declaration 2004-0030 On September 21, 2004 the Planning Commission reviewed the proposed project and recommended approval to the City Council on a 6-0 vote. Prior to the City Council hearing, a legal noticing error was brought to staff's attention. As the noticing for the Planning Commission did not meet the legal requirements prescribed by state law, the City Council referred the project back to Planning Commission for re -hearing and recommendation. No changes have been made to the project since the September 21, 2004 hearing. Analysis of Plannin_g Issues Project Definition The proposed project consists of a twelve -lot residential subdivision on a 3 -acre parcel under the requirements of a PD -17 Overlay Zoning District. The proposed lot sizes range from 8,730 to 14,770 square feet. The existing Colony home will be retained on lot 1 and will be one of the affordable units offered. Consistent with previous Planning Commission recommendations and Council action, staff has conditioned that a Historic Overlay Zone be placed on Lot 1 to ensure preservation of the Colony Home. S ITEM NUMBER: 5 DATE: 11-3-04 Each home will have a two -car attached or detached garage with additional uncovered spaces provided in the driveway that fulfill the guest -parking requirement. There are four (4) additional on -street parking spaces provided in parallel parking pockets. Each unit is consistent with the PD -17 requirement of providing a minimum 40% parcel landscaping and building footprints of less than 35% of the parcel area. Proposed homes range in size from approximately 1,811 to 2,297 square feet, excluding garages. Garage sizes range from approximately 440 to 640 square feet with some garage plans including additional home office/storage area above. A Master Plan of Development will include all site development and architectural design standards for the project. The Master Plan of Development will be approved in the form of a Conditional Use Permit as required by the Zoning Ordinance. The Planning Commission can make any future amendments to the Master Plan of Development in the future, independent of Council action. Project Summary Table PD -17 LEGEND LOT# GROSS LOT NET IOT AREA SF AREA SF BLDG COVERAGEAREA (35% MAX.) BLDG LANDSCAPE 5F (407. MIN.) LANDSCAPE AREA X 1 14770 104_09 2 9360 6594 27 2205 _18.8% 23.6% _ 655 3832 44.4% 40.9% 919_2 6594 1874 20.4% 3775 41.1% 4 96_32 4604 1416 14.7% 3940 40.9%- 544 2249 25.7% 4762 54.5% _6_ . 8744 __7756 1416 .2-71- —5647 646% 7 8789 6209 1804 20,5X 4398 50,OX 9 8811 7066 2149 24.4% 4560 51.8% 10 11Q14 1804 16.4% 6225 56.5X ..8633 4 TOTAL 116094 83854 24020 20.7% 58307 50.2% Background Surrounding Land Use and Setting: North: Residential Single-Family-X/PD-17 South: Residential Single -Family -X East: Residential Suburban West: Residential Single -Family -X %} r ITEM NUMBER: 5 DATE: 11-3-04 The project site Single -Family Residential Zoning is consistent with the General Plan. The Zoning Ordinance allows the establishment of a Planned Development Overlay No. 17 (PD -17) in the Single -Family Zone, which requires a minimum of 4 single-family units, consistent with the PD -17 site development standards and appearance review, as analyzed within this report. Properties to the east are Suburban Estate with a 2.5 -acre minimum lot size and properties to the west and south are Residential Single -Family — X. The two adjacent properties to the north are zoned Residential Single -Family — X with a PD -17 overlay featuring traditional neighborhood layouts and colony style architecture and materials. The project, as proposed, would be consistent with the Master Plan of Development for the adjacent approved project. The project would connect to the adjacent development and is designed to incorporate landscape and road design features consistent with approved plans. The residences have been designed to be consistent with the more traditional neighborhood design established with the adjacent project, to include porches and detached garages throughout the proposed project. Appearance Review Site Plan, Circulation, Parking ITEM NUMBER DATE: 11-3-04 The site plan has been proposed to meet the requirements of the Atascadero Municipal Code and the appearance review requirements of the General Plan. Planned Development 17 requires specific building and garage setbacks. Staff has reviewed each lot and building placement for setback consistency. A median is proposed at the entry to the project allowing for the retention of a 10" native oak tree. Access is provided off of Carrizo Road with the potential for secondary access off of EI Camino Real provided through the adjacent Planned Development Projects, once constructed. Each lot contains a minimum of 2 covered parking spaces with an additional 2 uncovered guest parking spaces, consistent with the PD -17 requirements. Additional guest parking is proposed along the access drive for four vehicles. Architecture, Materials, Color The applicant is proposing 6 unique home designs with traditional Colony elements consistent with the craftsman style of the existing residence. Four (4) wood sided homes and two stucco sided homes are proposed, all with front porches and Craftsman detailed roof elements. Porch designs vary amongst the unit designs with a variety of column designs and materials consistent. Conditions of approval are included to ensure design compatibility with the existing Colony Home and with the design standards set forth in the Appearance Review Manual. All trash storage, recycling storage, and air conditioning units will be screened from view behind fenced or landscaped enclosures. ITEM NUMBER: 5 DATE: 11-3-04 The applicant has included the designs to include second floor office space above the garages of Plans A, B, and C. No plumbing facilities are proposed within the proposed spaces. The applicant has included a color and material sample board for each house plan. Refer to Exhibit G for details. Landscape Design The preliminary landscape plan has been designed for compatibility with the surrounding neighborhood and consistency with the adjacent developments. The site landscaping plan includes a variety of native and accent trees. All front and street -facing side yards shall be landscaped by the developer (CUP Condition 9). Individual property owners will landscape back yards with the exception of lots 5, 6, and 7, which will be landscaped by the applicant as a buffer to the adjacent Residential Suburban zoned properties (Condition CUP 11). Landscape maintenance will be the responsibility of the individual property owner. Tree Protection The project area includes a number of native trees that will require monitoring due to construction impacts. Mitigation measures have been incorporated into the project to reduce impact to native trees to a less than significant level (Mitigation Measures 4.e.1 and 4.e.2). No native oak trees are proposed for removal. A condition has been included to utilize a 4 -to 6 -inch thick layer of mulch under the driplines of all existing oak trees to be preserved. Compatible native or drought resistant plant materials with special low-water irrigation systems may be installed under the tree canopy, subject to review and written approval of the project tree arborist, and subject to final staff approval (Condition Cup 11). Site Drainage The site is relatively flat with a slight slope toward the northwest portion of the property. Drainage has been designed to flow into two on-site shallow drainage detention basins located on lots 10 and 11. The basins shall be landscaped by the applicant and maintained by the homeowners' association or other maintenance mechanism (Condition CUP 11). Wastewater Sewer service will be extended from EI Camino Real, up Carrizo Rd. to the project site. ITEM NUMBER: 5 DATE: 11-3-04 Historic Preservation Historic Evaluation The project is outside the area identified within the 1930 Sanborn Insurance Maps for the historic Atascadero Colony. According to the applicant, the home was constructed in or around 1928. Upon a site inspection by staff, it appears that the house retains a moderate level of integrity, and is the builder's interpretation of a simple vernacular style Craftsman Bungalow, common in pattern books and popular magazines from about 1905 until the early 1920s. Although a detailed historic evaluation has not been prepared, it appears that the historic house exhibits local significance as an example of vernacular Craftsman architecture. With the applicant's proposal to retain and rehabilitate the existing Colony House, staff has included a condition that any rehabilitation be consistent with historic building rehabilitation standards (Condition CUP 10) and has included a condition requiring a deed restriction preventing the site from being altered in any manner that would degrade the significance of this historic house (CUP Condition 18, TTM Condition 13). The standards apply to the garage addition and exterior rehabilitation of the Colony house, retention of the on-site oak trees (proposed for retention), and landscape improvements to the overall project site. For detailed information, the National Park Service maintains a web site at http://www2.cr.nps.gov/tps/tax/rhb/. In addition, a copy of the guidelines can be reviewed at the City's Community Development Department. Additionally, a condition has been included that a Historic Overlay Zone be established on Lot 1 consistent with Planning Commission recommendations and City Council actions on similar projects (Resolution PC 2004-0114). Project Benefits One of the required findings for approval of a Planned Development Rezone is that the project offers certain redeeming features to compensate for the requested modification. The table below summarizes the City Council Planned Development Benefits Policy. The Planning Commission must find that the project meets all of the Tier 1 benefits as underlined below. The project also provides a Tier 2 benefit through the retention of the on-site Colony Home and addition of the H Overlay to proposed Lot 1. PD Location Tier 1 Benefits Tier 2 Benefits Inside of Urban Core a) Affordable / Workforce Housing a) Pocket Parks in larger projects b) High Quality Architectural b) Trails / Walkways for Pedestrian PD_ Design Connectivity PD -17 c) High Quality Landscape Design c) Historic Preservation Gustem-RCS , d) Buffering between Urban and Suburban zones (large lot sizes, increased setbacks, landscape buffers, etc.) ITEM NUMBER: 5 DATE: 11-3-04 Affordable Housing The City Council has implemented an interim inclusionary affordable housing program to include a fixed percentage of units within residential developments that require a legislative approval to be reserved as deed restricted affordable units. This program requires the proposed project to provide two deed -restricted moderate -income units for a 30 -year period as follows (Condition CUP 13 and TTM 9). Tentative Tract Map A twelve (12) -lot Tract Map is proposed as part of the project consistent with the Master Plan of Development. The Tract Map has been conditioned by staff and the City Engineer to meet all City standards including street frontage improvements. The applicant will be required to record CC&R's for the map that will include maintenance and access of any common areas, including the project drainage detention basins (Condition CUP 17 and TTM 12). Fiscal Impacts The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the proposed uses. General Plan Consistency The proposed project is consistent with the following General Plan Land Use and Housing Element Policies: Land Use Policy 1.1: "Preserve the rural atmosphere of the community and assure "elbow room" in areas designed for lower density development by guiding new development into the Urban Core to conform to the historic Colony land use patterns of the City and to respect the natural environment, hillside area and existing neighborhoods". 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. " e) Higher density to meet Housing Element goals Outside of Urban Core a) Natural Open Space Preservation a) Multi -Purpose Trails — Equestrian / Rural / Suburban Areas Bicycle / Pedestrian PD -16 b) Recreational Areas / Facilities Custom PD's c Historic Preservation Affordable Housing The City Council has implemented an interim inclusionary affordable housing program to include a fixed percentage of units within residential developments that require a legislative approval to be reserved as deed restricted affordable units. This program requires the proposed project to provide two deed -restricted moderate -income units for a 30 -year period as follows (Condition CUP 13 and TTM 9). Tentative Tract Map A twelve (12) -lot Tract Map is proposed as part of the project consistent with the Master Plan of Development. The Tract Map has been conditioned by staff and the City Engineer to meet all City standards including street frontage improvements. The applicant will be required to record CC&R's for the map that will include maintenance and access of any common areas, including the project drainage detention basins (Condition CUP 17 and TTM 12). Fiscal Impacts The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the proposed uses. General Plan Consistency The proposed project is consistent with the following General Plan Land Use and Housing Element Policies: Land Use Policy 1.1: "Preserve the rural atmosphere of the community and assure "elbow room" in areas designed for lower density development by guiding new development into the Urban Core to conform to the historic Colony land use patterns of the City and to respect the natural environment, hillside area and existing neighborhoods". 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. " ITEM NUMBER: 5 DATE: 11-3-04 Land Use Policy 6.3: "Encourage conversation and preservation of neighborhoods, Colony Homes, and sound housing, including places and buildings of historical and architectural significance." Housing Element Policy 4.3: "Encourage attractive architecture and site landscaping that respect terrain and native trees. " In addition, the General Plan SFR -X Land Use Designation permits a maximum density of 4.0 dwelling units per acre with the approval of the Planned Development Overlay Zone. Implementing General Plan programs requires appearance review of architectural design, materials, street trees, and landscaping to maintain and retain the rural atmosphere and protect the environment, and incorporate architectural themes into the site and building design. As analyzed above, the proposed project, as conditioned, is consistent with the General Plan. In staff's opinion, the project is consistent with the goals and policies of the Land Use Element and the Housing Element, with the inclusion of affordable units and the retention of the existing Colony Home. The project will provide 11 new single-family dwellings that fulfill an important housing need within the community. As conditioned, the project incorporates architectural and landscape elements that are consistent with the character of the surrounding neighborhood, and the General Plan's appearance review requirement. Findings: Conditional Use Permit (Master Plan of Development) As previously mentioned, a Master Plan of Development is required for the PD -17, approved through the Conditional Use Permit process. The Conditional Use Permit process provides the opportunity for the public and the Planning Commission to review the specifics of land use proposals, such as architectural design, site design, landscape, signage, and specific standards of the Zoning Ordinance. The following five findings must be made to approve a Conditional Use Permit: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The use and appearance is consistent with the single-family residential designation of the Plan and General Plan Land Use Element Policy 1.1, 6.1, 6.3, and Housing Element Policy 4.3. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD -17 Ordinance. ITEM NUMBER: 5 DATE: 11-3-04 Staff Comment: As conditioned, the project satisfies all PD -17 Zoning Code provisions, incorporating high-quality neo -traditional architectural and neighborhood design. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment: The proposed residential project will not be detrimental to the general public or working persons' health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The project has been designed to be consistent with the existing neighborhood character and is designed to connect to the adjacent PD -17 development. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: The proposed project and use is consistent with the traffic projections and road improvements anticipated within the General Plan. A single- family residential subdivision use in the proposed location is consistent and compatible with the surrounding residential neighborhood. The General Plan identifies this site as Single -Family Residential with a maximum density of 4.0 dwelling units per acre (du/ac) with a minimum lot area of 0.5 acres net. Smaller lot sizes allowing up to 4.0 du/ac may be allowed through a Planned Development Overlay. 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. The proposed 12 single-family homes on 3 -acres include 2 affordable units deed restricted at the moderate -income rate. The project is consistent with the City's General Plan Land Use and Housing Elements. Proposed Environmental Determination Staff has prepared a Draft Mitigated Negative Declaration that was circulated to public agencies and interested members of the public on July 21, 2004. The environmental analysis identified concerns regarding potential impacts to aesthetics, air quality, ITEM NUMBER: 5 DATE: 11-3-04 biology, cultural resources, geology and soils, water quality, noise, and traffic. Mitigation measures pertaining to these areas are included. A finding is proposed that this project would not have a significant effect on the environment based upon the implementation of the identified mitigation measures. Staff is recommending the Commission recommend that the City Council certify Proposed Mitigated Negative Declaration 2004-0030. CONCLUSION: The proposed project is 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 for project approval recommendation to the City Council. ALTERNATIVES: 1. The Commission may recommend modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may recommend the City Council deny the project. The parcel would retain its designation of Residential Single Family—X. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1: Location Map, Zoning, and General Plan Attachment 2: Proposed Mitigated Negative Declaration and Initial Study Attachment 3 Draft Resolution of Approval Proposed Mitigated Negative Declaration Attachment 4: Draft Resolution of Approval Proposed Zoning Map Change Attachment 5: Draft Resolution of Approval Proposed Master Plan of Development Attachment 6: Draft Resolution of Approval Proposed Vesting Tentative Tract Map ITEM NUMBER DATE: 11-3-04 Attachment 1: Location Map, General Plan, and Zoning U.S. i 1 a Project RMF -16 Site R RSF-X/PD17 amino , e Carrizo Ro d R \ / S / Existing Designations: -General Plan: Single Family Residential - X -Zoning District: Residential Single -Family — X Proposed Designations: -General Plan: Single Family Residential - X -Zoning District: Residential Single -Family — X/PD-1741S ITEM NUMBER: DATE: 11-3-04 Attachment 2: Draft Mitigated Negative Declaration and Initial Study See following ITEM NUMBER: 5 DATE: 11-3-04 ATTACHMENT 3: Draft Resolution PC 2004-0123 PD -17 Master Plan of Development (CUP 2004-0126)/ZCH2O04-0078/TTM 2004-0048 Draft Mitigated Negative Declaration DRAFT RESOLUTION PC 2004-0123 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL CERTIFY PROPOSED MITIGATED NEGATIVE DECLARATION 2004-0030 PREPARED FOR ZONE CHANGE 2004-0078, CONDITIONAL USE PERMIT 2004-0126, AND TENTATIVE TRACT MAP 2004-0048, APN 049-101-022 (5310 Carrizo Rd. / Griffin) WHEREAS, an application has been received from Scott Griffin (5310 Carrizo Rd., Atascadero, CA 93422), Applicant and Property Owner, to consider a project consisting of a zone change from RSF-X (Residential Single -Family) to RSF-X / PD -17 (Residential Single - Family with Planned Development Overlay #17) with the adoption of a Master Plan of Development, and a twelve lot Tentative Tract Map on APN 049-101-022; and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2004-0030 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission of the City of Atascadero took action on the proposed project (Resolution 2004-0113) at a public hearing on September 21, 2004; and, WHEREAS, due to a legal neighborhood noticing error, the City Council referred the project back to planning Commission for re -hearing and extinguished all previous resolutions related to the proposed project; and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on November 3, 2004 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero hereby resolves to recommend that the City Council certify Proposed Mitigated Negative Declaration 2004-0030 based on the following Findings as shown in Exhibit A: 1. The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, ITEM NUMBER: 5 DATE: 11-3-04 2. The Proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, 3. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project. 4. The project will not achieve short-term to the disadvantage of long-term environmental goals. 5. The project does not have impacts which are individually limited, but cumulatively considerable. 6. The project will not cause substantial adverse effects on human beings either directly or indirectly. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Bob Kelley Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A Proposed Mitigated Negative Declaration 2004-0030 ITEM NUMBER: 5 DATE: 11-3-04 CITY OF AT.-ISCADER 0 PROPOSED MITIGATED DECL.-IP\:-ITIO\' a:'004-0030 6905 El Camino Real, Suite. 6 Atascadero, CA 93422 805/461-5035 Applicant: ScouCcffiit210CaaiaoRd,Aascadexu,CA93422 Rune: 466.9392 Project Title: Zane Change 2004.0078, CanditionalUse Pamit2004-0126, Ter¢ain mactmap 2004.0048fa a 12 -lot sag&-famrlyn sidadW subdiaision. Project 5310 Canizo Rd, Atascuko, CA 93422 Location: (San Luis Obispo Caaty)APN049.101.022 Project The pmposedpaojectcorAdsofanapp&ahorifa0P medDwelopmem0uerhy&w.Cmdttral Description: Use Ramit,andTam&egactMapforaLwebelotreddertalsubdari cna,3-aaepanelunck t1v requk maa of PD617 ovaky zonangdistrict. The a azo bt sires 9,674 sgture feet. ilu new hanesw2 a g insizefrom 1.248s*rmfeetto 1,725squimfeet. Theprojectincudes anehome perloteachw&%aLtwo-cargaage. One existagarrsik colar4 housewSlberetainedansie. GenaalPlnDesgrnatiarn: Single RmrlyResilermalX ZanugDistict: Residati,1 Sirsgie FaarlyLX Findings: 1. The project does not have the potudW to degrade the mvirormad. 2. The project will not achieve short teen to the disadvantage of long -tern amizormerdal goals. 3. The project does not have impacts which are individually limited, but cumrlarively considerable. 4. The projectwillnat arse substardial adverse effects orthumanbeings either directly or indrectly. Determination: Based on the above fmdaW, andthe inknndiarn caruained in the initial study 2004.0010 (made apart hereofby reference and on fele in the Carmmmity Developmera Dep atmat), it his been deternaned that the above project will not have an adverse impact on the er&a =erd.whenthe followangprop osedmitigaimmeasures are uuotporded into the project (see atteaiimerl). Prepared By. A*Gedsox A v6WePbxxr Date Posted: W2L200t Public Review Ends: AWM9.2004. Attachments: Iwcaasald.r A* Mt., - bGre�Pla�fDwlpusad '�iraaj Iaaf. ms IucrlGp • fiuimrPla utk Mu mo wesas +rd 1%43 Plv • Iua AeawbaPLa 6905 EL CAIMNO REAL, .S1�21{.4 - ATASCA.DERO, CA 93422 - (M)461-5000 -FAX 461.7612 ITEM NUMBER: 5 DATE: 11-3-04 ATTACHMENT 4: Draft Resolution PC 2004-0124 PD -17 Master Plan of Development (CUP 2003-0126)/ZCH 2004-0078 Approval of Proposed Zoning Map Change DRAFT RESOLUTION PC 2004-0124 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2004-0078, AMENDING THE OFFICIAL ZONING MAP DISTRICT OF APN 049-101-022 FROM RSF-X (RESIDENTIAL SINGLE FAMILY -X) TO RSF-X / PD -17 / H (RESIDENTIAL SINGLE FAMILY -X WITH PLANNED DEVELOPMENT OVERLAY #17 AND HISTORIC OVERLAY) (5310 Carrizo Rd. / Griffin) WHEREAS, an application has been received from Scott Griffin (5310 Carrizo Rd., Atascadero, CA 93422), Applicant and Property Owner, to consider a project consisting of a zone change from RSF-X (Residential Single -Family) to RSF-X / PD -17 (Residential Single - Family with Planned Development Overlay #17) with the adoption of a Master Plan of Development, and a twelve lot Tentative Tract Map on APN 049-101-022; and, WHEREAS, the site's General Plan Designation is SFR -X (Single -Family Residential - X); and, WHEREAS, the site's current zoning district is RSF-X (Residential Single -Family); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2004-0030 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, CEQA review determined that the project site (contains a historic resource of local significance, requiring that a Historic Overlay zone designation be placed over the subject parcel as mitigation to reduce potential impacts to less than significant; 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, ITEM NUMBER: 5 DATE: 11-3-04 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 took action on the proposed project (Resolution 2004-0114) at a public hearing on September 21, 2004; and, WHEREAS, due to a legal neighborhood noticing error, the City Council referred the project back to planning Commission for re -hearing and extinguished all previous resolutions related to the proposed project; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on November 3, 2004, studied and considered Zone Change 2004-0078, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of Atascadero Changing the existing site zoning to RSF-X/PD17/HS. The Planning Commission finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 4. Proposed plans offer certain redeeming features to compensate for the requested modification. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on November 3, 2004, resolved to recommend that the City Council introduce for first reading by title only, an ordinance that would rezone the subject site consistent with the following: 1. Exhibit A: Zone Change Map ITEM NUMBER: 5 DATE: 11-3-04 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: (0 ) NOES: (0 ) ABSTAIN: (0 ) ABSENT: (0 ) ADOPTED: CITY OF ATASCADERO, CA Bob Kelley Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: 5 DATE: 11-3-04 Exhibit A: Official Zoning Map Change 2004-0078 (Planned Development Overlay #17) U.S. Highwa)ti-d ly _. Project RMF -16 � Site R RSF-X I EI Camino Idea \, Carrizo Road - RS ------------ Existing Designations: -General Plan: Single Family Residential - X -Zoning District: Residential Single -Family — X Proposed Designations: -General Plan: Single Family Residential - X -Zoning District: Residential Single -Family — X/PD-17/HS Exhibit A: Official Zoning Map Change 2004-0078: Project Site 1 r 1 ITEM NUMBER: 5 DATE: 11-3-04 cm� woo Existing Designations: -General Plan: Single Family Residential - X -Zoning District: Residential Single -Family — X Proposed Designations: -General Plan: Single Family Residential - X -Zoning District: Residential Single -Family — X/PD-17/HS oric ane ITEM NUMBER DATE: 11-3-04 ATTACHMENT 5: Draft Resolution PC 2004-0125 PD -7 Master Plan of Development (CUP 2004-0126)/ZCH 2004-0078 Proposed Master Plan of Development DRAFT RESOLUTION PC 2004-0125 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2004-0126 (MASTER PLAN OF DEVELOPMENT) ON APN 049-101-022 (5310 Carrizo Rd. / Griffin) WHEREAS, an application has been received from Scott Griffin (5310 Carrizo Rd., Atascadero, CA 93422), Applicant and Property Owner, to consider a project consisting of a zone change from RSF-X (Residential Single -Family) to RSF-X / PD -17 (Residential Single - Family with Planned Development Overlay #17) with the adoption of a Master Plan of Development, and a twelve lot Tentative Tract Map on APN 049-101-022; and, WHEREAS, the site's General Plan Designation is SFR -X (Single -Family Residential - X); and, WHEREAS, the Planning Commission has recommended that the site's zoning district be changed from RSF-X to RSF-X/PD 17/HS; and, WHEREAS, the PD -17 overlay district requires a Master Plan of Development to be approved in the form of a Conditional Use Permit; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2004-0030 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 laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero took action on the proposed project (Resolution 2004-0115) at a public hearing on September 21, 2004; and, ITEM NUMBER: 5 DATE: 11-3-04 WHEREAS, due to a legal neighborhood noticing error, the City Council referred the project back to planning Commission for re -hearing and extinguished all previous resolutions related to the proposed project; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on November 3, 2004, studied and considered Conditional Use Permit 2004- 0126 (Master Plan of Development), 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 Conditional Use Permit. The Planning Commission of the City of Atascadero finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD -17 Ordinance; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on November 3, 2004, resolved to recommend that the City Council approve Conditional Use Permit 2004-0126 (Master Plan of Development) subject to the following: 1. EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program 2. EXHIBIT B: Master Plan of Development 3. EXHIBIT C: Statistical Project Summary 4. EXHIBIT D: Landscape Plan 5. EXHIBIT E: Tree Protection plan ITEM NUMBER: 5 DATE: 11-3-04 6. EXHIBIT F: Grading and Drainage Plan 7. EXHIBIT G: Elevations, Floor Plans, Color and Materials 8. EXHIBIT H: Utility 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. On motion by Commissioner , and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: (0 ) NOES: (0 ) ABSTAIN: (0 ) ABSENT: (0 ) ADOPTED: CITY OF ATASCADERO, CA Bob Kelley Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 11-3-04 EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program PD -17 Master Plan of Development (CUP 2004-0126)/ZCH 2004-0078 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5310 Carrizo Rd GP: Grading Permit FD: Fire Department PD -17 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2004-0126/ZCH 20040078 TO: Temporary occupancy WW: Wastewater CA: City Attorney FO: Final Occupancy Planning Services 1. The approval of this zone change and use permit shall become final BP PS and effective following City Council approval. 2. Approval of this Master Plan of Development shall be valid concurrently FM PS with the life of Tentative Tract Map 2004-0048 and then indefinitely following final map. The Master Plan of Development approval shall expire and become null and void unless a final map is recorded consistent with the Master Plan of Development. 3. Subsequent changes to the Master Plan of Development shall be On-going PS approved by the Planning Commission, independent of Council action. 4. The Community Development Department shall have the authority to BP/FM PS approve the following minor changes to the project the (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps. 5. All subsequent Maps and construction permits shall be consistent with BP/FM PS the Master Plan of Development contained herein. 6. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the project. 7. All exterior elevations, finish materials and colors shall be consistent BP PS with the Master Plan of Development as shown in EXHIBITS G to include the following, subject to staff approval: ■ Elevations for floor plan F shall be as presented on the on the floor plans and elevations page, with square windows on the second floor. Arch features shall be eliminated from over the garage doors and windows. ■ Floor plan C shall eliminate or reduce the carport feature in front of the garage. The garage fagade shall be recessed a minimum of 10 from the front of the residence, consistent with PD -17 standards. ITEM NUMBER: DATE: 11-3-04 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5310 Carrizo Rd GP: Grading Permit FD: Fire Department PD -17 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2004-0126/ZCH 20040078 TO: Temporary occupancy WW: Wastewater CA: City Attorney FO: Final Occupancy ■ Final color selection shall be subject to staff approval. 8. All site development shall be consistent with the maximum intensities BP/FM PS described in the statistical project summary as shown in EXHIBIT C. 9. All site work, grading, and site improvements shall be consistent with BP/FM PS the Master Plan of Development as shown in EXHIBIT B and F. 10. The historic Colony Home shall be restored as follows: ■ Prior to final of the proposed garage on Lot 1, any aluminum windows on the original structure or previous additions shall be replaced with wood windows consistent with the historic style of the Colony Home, subject to staff approval. ■ The proposed garage on Lot 1 shall be subject to the Secretary of the Interior's guidelines for Historic Preservation and the mitigation measures included in the Mitigated Negative Declaration for the project. 11. A final landscape and irrigation plan shall be approved prior to the BP PS issuance of building permits and included as part of site improvement plan consistent with EXHIBITS B, D, and E. All exterior meters, air conditioning units, and mechanical equipment shall be screened with landscape material. Trash/recycle container areas shall be screened with fencing or landscape. The developer shall landscape all front and street -facing side yards. All landscape maintenance shall be the responsibility of the individual property owner. All proposed tree locations, species, and sizes shall be as identified in EXHIBITS D. Trees shall be double staked. ■ The drainage detention basin shall be landscaped by the developer and maintained by the homeowner's association or other mechanism approved by the City. ■ Additional landscape buffering in the form of 15 -gallon trees and shrubs shall be planted along the eastern property lines of lots 5, 6, and 7, as feasible with plant selection, quantity, and placement subject to staff approval. ■ Landscaping underneath the canopy of existing native oak trees shall utilize a 4 to 6 inch thick layer of mulch. Only compatible native or drought resistant plant materials with special low-water irrigation systems may be installed under the tree canopy, subject to review and written approval of the project tree arborist, and subject to final staff approval. ITEM NUMBER: DATE: 11-3-04 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5310 Carrizo Rd GP: Grading Permit FD: Fire Department PD -17 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2004-0126/ZCH 20040078 TO: Temporary occupancy WW: Wastewater CA: City Attorney FO: Final Occupancy 12. All project fencing shall be installed consistent with EXHIBIT B and D BP PS subject to the following modifications. The design of all fencing shall be compatible with the overall project design, subject to staff approval 13. Affordable Housing Requirement: The applicant shall designate 2 units FM, BP PS, CE as moderate -income units, deed -restricted for a 30 -year period. Such units shall be located throughout the project, subject to planning staff approval. 14. Affordable Workforce Housing FM, BP PS, CE Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve 1/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; The Atascadero resident or worker restriction shall apply to the initial sale only; The applicant shall identify which units will be reserved; and The City Attorney shall approve the final form of the agreement. 15. All exterior material finishes (stone, siding, stucco facades, accent BP PS materials, lighting, garage doors) shall be durable, high quality, and consistent with the architectural appearance of each home. 16. Deed notice shall be recorded with each lot notifying each property BP, FM PS, CE owner that the on-site roadway shall be extended to serve future subdivisions to the north and west. 17. Prior to final map, the applicant shall submit CC&Rs for review and approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a. Provisions for maintenance of all common areas including ITEM NUMBER: DATE: 11-3-04 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5310 Carrizo Rd GP: Grading Permit FD: Fire Department PD -17 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2004-0126/ZCH 20040078 TO: Temporary occupancy WW: Wastewater CA: City Attorney FO: Final Occupancy access, parking, street trees, fencing and landscaping. b. A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. C. Individual unit's responsibility for keeping all trash receptacles within the unit's garage. d. A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. 18. The emergency services and facility maintenance costs listed below FM PS shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the 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. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. ■ 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 19. All tract maintenance costs listed below shall be 100% funded by the FM PS 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. ■ All streets, sidewalks, roads, and sewer mains within the project. ■ All drainage facilities and detention basins. ■ All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. ITEM NUMBER: DATE: 11-3-04 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5310 Carrizo Rd GP: Grading Permit FD: Fire Department PD -17 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2004-01211 20040078 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy ■ All frontage landscaping and sidewalks along arterial 20. A deed restriction shall be required for Lot 1 preventing the site from FM PS being altered in any manner that would degrade the significance of this historic house. Any alterations to the Colony Home shall follow the Secretary of the Interior standards for rehabilitation of historic structures. Fire Marshal 21. Fire lanes shall be delineated to restrict parking as required by the BP BS Fire Authority. 22. The applicant shall provide two fire hydrants at a location approved by the Fire Department. Engineering Conditions: PROJECT SPECIFIC CONDITIONS Drainage: 23. Obtain approval by the City Engineer of the grading & drainage plan GP,BP CE and the storm drain design & facilities. 24. Submit calculations to support the design of any structures or pipes. GP,BP CE 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. 25. Provide for the detention of the 50 year developed storm runoff, while GP,BP CE metering out the 2 year undeveloped storm runoff. 26. Show the method of dispersal at all pipe outlets. Include specifications GP,BP CE for size & type. 27. Acquire drainage easements where needed. Drainage shall cross lot GP,BP CE lines only where a drainage easement has been provided. 28. Concentrated drainage from off-site areas shall be conveyed across GP,BP CE 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 can not be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. Public Improvements and Maintenance: ITEM NUMBER: DATE: 11-3-04 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5310 Carrizo Rd GP: Grading Permit FD: Fire Department PD -17 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2004-0126/ZCH 20040078 TO: Temporary occupancy WW: Wastewater CA: City Attorney FO: Final Occupancy FM CE 29. The applicant must provide for the repair and maintenance of on-site shared improvements. This includes roads, sidewalks, street trees, streetlights, private sewer system, drainage facilities, recreation areas and common landscaping. The two methods that may be used are: a. Homeowners Association. This private organization would be responsible for the maintenance, repair and replacement of the facilities. b. Assessment District and Landscape and Lighting District. Funds for the maintenance, repair and replacement of the facilities would be collected on the property tax bill and distributed to the City. The City Engineer and City Attorney shall approve the final form prior to recordation. 30. All public improvements shall be constructed in conformance with the GP,BP CE City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 31. Frontage improvements on Carrizo Road shall be constructed GP,BP CE consistent with the Tentative Tract Map. 32. Prior to issuance of building permits, the applicant shall submit a GP,BP CE grading and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. SANITARY SEWER CONDITIONS 33. The Public Works Department shall approve all wastewater facilities GP,BP WW prior to construction. This includes pumps, force mains, cleanouts, manholes and connections. 34. Applicant shall pay sewer extension (annexation) fees upon issuance GP,BP WW of building permit. Sewer Connection and Reimbursement fees shall be payable upon actual connection of the building sewer to the public sewer system. 35. Gravity mains and other sewer facilities within the subdivision shall be GP,BP WW privately owned and maintained. 36. Gravity mains within the subdivision shall be eight (8) inches in GP,BP WW diameter. STANDARD CONDITIONS ITEM NUMBER: DATE: 11-3-04 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5310 Carrizo Rd GP: Grading Permit FD: Fire Department PD -17 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2004-0126/ZCH 20040078 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy 37. All public improvements shall be constructed in conformance with the GP,BP CE City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 38. In the event that the applicant is allowed to bond for the public FM CE improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 39. An engineer's estimate of probable cost shall be submitted for review FM CE and approval by the City Engineer to determine the amount of the bond. 40. The Subdivision Improvement Agreement shall record concurrently FM CE with the Final Map. 41. The applicant shall be responsible for the relocation and/or alteration of GP,BP CE existing utilities. 42. The applicant shall install all new utilities (water, gas, electric, cable TV GP,BP CE and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 43. The applicant shall monument all property corners for construction FM CE control and shall promptly replace them if disturbed. 44. The applicant shall acquire title interest in any off-site land that may be FM CE 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. 45. Slope easements shall be provided as needed to accommodate cut of FM CE fill slopes. 46. Drainage easements shall be provided as needed to accommodate FM CE both public and private drainage facilities. 47. The final map shall be signed by the City Engineer prior to the map FM CE being placed on the agenda for City Council acceptance. 48. Prior to recording the tract map, the applicant shall submit a map FM CE 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. 49. Prior to recording the tract map, the applicant shall set monuments at FM CE all new property corners. A registered civil engineer or licensed land ITEM NUMBER: DATE: 11-3-04 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5310 Carrizo Rd GP: Grading Permit FD: Fire Department PD -17 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2004-0126/ZCH 20040078 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy 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. 50. Prior to recording the tract map, the applicant shall pay all outstanding plan check/inspection fees 51. Prior to recording the map, the applicant shall complete all FM CE improvements required by these conditions of approval. 52. Prior to recording the tract map, the applicant shall have the map FM CE 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 map. 53. Upon recording the final map, the applicant shall provide the City with a FM CE black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 54. Prior to the final inspection of any public improvements, the applicant FM CE shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 55. Prior to the final inspection, the applicant shall submit a written GP,BP CE certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 56. An encroachment permit shall be obtained prior to any work within City GP,BP CE rights of way. 57. Prior to the issuance of building permits the applicant shall submit a GP,BP CE grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. Atascadero Mutual Water Company 58. Before the issuance of building permits, the applicant shall submit BP BS plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross -connection devices shall conform to AWWA and California Department of Health Services standards. ITEM NUMBER: DATE: 11-3-04 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5310 Carrizo Rd GP: Grading Permit FD: Fire Department PD -17 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2004-01211 20040078 TO: Temporary occupancy WW: Wastewater CA: City Attorney FO: Final Occupancy 59. Before the start of construction on the water system improvements, BP BS 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. 60. Before issuance of building permits, the applicant shall obtain a "Will BP BS Serve" letter from AMWC for the newly created lots within the subdivision. 61. The water mains required to serve the project shall be laid out in a BP BS grid or looped pattern and shall connect to the existing water mains system in Carrizo (8" main) and to Tract 2577 (8" main) if possible. 62. The applicant shall provide AMWC with easements for those water facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 63. The applicant shall submit a hydraulic analysis with 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. 64. The applicant shall obtain a separate landscape -irrigation meter(s) from AMWC for the common areas within the project. 65. Before construction of the water system 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. Mitigation Measures Mitigation Measure 1.c.1: The following landscape mitigations shall apply: BP BS, PS, CE 1.C.1 ITEM NUMBER: DATE: 11-3-04 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5310 Carrizo Rd GP: Grading Permit FD: Fire Department PD -17 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2004-0126/ZCH 20040078 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy ■ Proposed fencing location and height shall comply with Atascadero Municipal Code. ■ The project landscaping shall include residential front yards, street facing side yards. ■ All proposed trees shall be shade trees of a minimum 15 -gallon size and double staked. Mitigation Measure 1.c.2: The proposed homes shall include the use of BP BS, PS, CE 1.c.2 earth -tone paint and roof colors designed to blend with the surrounding residential environment and reduce the potential for reflected light and glare. Mitigation Measure 1.d.1: If exterior street lighting is proposed, it shall be BP BS, PS, CE 1.d.1 designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 14 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the private street. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. In addition, individual exterior home -owner lighting shall be restricted through CC&R's and individual lot deed -restriction to prohibit high-intensity lighting in excess of one -foot candle, limited in fixture height to not exceed 10 feet, and utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Mitigation Measure 3.b.1: The project shall be conditioned to comply with BP, GP BS, PS, CE 3.b.1 all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techni ues ITEM NUMBER: DATE: 11-3-04 Conditions of Approval / Mitigation Monitoring Program 5310 Carrizo Rd PD -17 Master Plan of Development CUP 2004-0126/ZCH 20040078 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 ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. ■ Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. Section ii Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast -germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. ITEM NUMBER: DATE: 11-3-04 Conditions of Approval / Mitigation Monitoring Program 5310 Carrizo Rd PD -17 Master Plan of Development CUP 2004-0126/ZCH 20040078 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Mitigation Measure 4.e.1: The building permit site plan shall identify all BP PS, BS, CE 4.e.1 protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan. Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. Mitigation Measure 4.e.2: The developer shall contract with a certified BP PS, BS, CE 4.e.2 arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c) As specified by the arborist report and City staff: ■ Fencing: Must be a minimum of 4' high, chain link, snow or safety fence staked at the drip -line or line of encroachment for each tree or group of trees. Tree fencing shall be erected before demolition, grading, or construction begins. The owner shall be responsible for maintaining an erect fence throughout the construction period. The arborist(s) shall inspect the fence placement once it is erected. This is mandatory for this project. ■ Soil Aeration Methods: Soils under drip -lines that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include water jetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with a 2-4" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist shall advise. ■ Chip Mulch: All areas within the drip -line of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction. ■ Trenching within the Drip -line: All trenching under drip -lines of native trees shall be hand dug, augured, or bored. All major roots shall be avoided whenever possible. All exposed roots larger than 1" in diameter shall be clean cut with a sharp pruning tool and not left ragged. ■ Grading within drip -line: Grading should not encroach within the drip -line. If grading is necessary, construction of retaining walls or tree wells or other protection measures may be necessary to insure the survivability of the trees. Chip mulch 4-6" in depth may also be required in these areas. Grading should not disrupt the ITEM NUMBER: DATE: 11-3-04 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5310 Carrizo Rd GP: Grading Permit FD: Fire Department PD -17 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2004-01211 20040078 TO: Temporary occupancy WW: Wastewater CA: City Attorney FO: Final Occupancy normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. Grading shall be done by hand underneath the drip -lines to avoid tearing any roots. ■ Exposed Roots: Any exposed roots shall be recovered the same day they were exposed. If they cannot, they must be covered with burlap or another suitable material and wetted down 2X per day. ■ Paving within the Drip -line: Pervious surfacing is preferred within the dripline of any oak trees. Arborist(s) will advise. ■ Equipment Operation: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. ■ Existing Surfaces: The existing ground surface within the drip -line of all oak trees shall not be cut, filled, compacted, or pared. ■ Construction materials and waste: No liquid or solid construction waste shall be dumped on the ground within the drip -line of any oak tree. ■ Arborist Monitoring: An arborist shall be present for selected activities (trees identified on spreadsheet — See attachment 5) and pre -construction fence placement. The monitoring does not necessarily have to be continuous but observational at times during the above activities. ■ Pre -Construction Meeting: An on-site pre -construction meeting with the Arborist, owner, planning staff, and the earth moving team shall be required for this project. Prior to final occupancy, a letter from the arborist shall be required verifying the health/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall verify that the arborist was on site for all grading and/or trenching activity that encroached into the drip -line of the selected native trees, and that all work done in these areas was completed to the standards set forth above. (d). Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 5.a.1: Replacement of any exterior materials or design BP PS, BS 5.a.1 features on the original colony house shall be consistent with the Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating Historic Buildings. This shall include the replacements of any doors and windows with solid wood framing of similar design and appearance. Vinyl, vinyl -cladding, and metal materials are not permitted. Mitigation Measure 5.a.2: The proposed project shall include Covenants, BP PS, BS 5.a.2 Conditions and Restrictions (CC&R's) or equivalent mechanism that incorporate the planned development conditions of approval to ensure that the site retains the historic qualities (historic buildings, architecture, colors, materials, fencing, and landscaping) over time. ITEM NUMBER: DATE: 11-3-04 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5310 Carrizo Rd GP: Grading Permit FD: Fire Department PD -17 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2004-0126/ZCH 20040078 TO: Temporary occupancy WW: Wastewater CA: City Attorney FO: Final Occupancy Mitigation Measure 5.a.3: The new attached garage shall be constructed BP PS, BS 5.a.3 on the colony house lot shall be of similar design as the existing original wood sided house. The garage shall incorporate a pair of single or double - hung wood windows on each side and wood door design. A wood door may be added to any side. The garage door shall be constructed of wood and have an architectural appearance similar to the colony home architectural style. The garage door may be of roll -up function. Mitigation Measure 5.b.1: Should any cultural resources be unearthed BP PS, BS 5.b.1 during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. Mitigation Measure 6.b.1: The grading permit application plans shall GP PS, BS, CE 6.b.1 include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.1: A soils report shall be required to be submitted BP, GP PS, BS, CE 6.c.1 with a future building permit by the building department. Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention Plan GP PS, BS, CE 8.0.1 (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for ensuring that GP PS, BS, CE 8.0.2 all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. ITEM NUMBER: DATE: 11-3-04 Conditions of Approval / Mitigation Monitoring Program 5310 Carrizo Rd PD -17 Master Plan of Development CUP 2004-0126/ZCH 20040078 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Mitigation Measure 11.d.1: All construction activities shall comply with the BP, GP PS, BS, CE 11.d.1 City of Atascadero Noise Ordinance for hours of operation, and as follows: Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. ITEM NUMBER: 5 DATE: 11-3-04 EXHIBIT B: Master Plan of Development a I a IN I � �r�;lxl,�jj I r�IM i'1 1I10Ili� 000000000000®000® ITEM NUMBER: DATE: 11-3-04 EXHIBIT C: Statistical Summary of Project Proposed Project Summary PD -17 LEGEND (35% MAX.) (40% MIN.) LOT# GROSS LOT NET 10T AREA SF AREA SF BLDG RA BLDG LANDSCAPE AREA LANDSCAPE AREA 7 . 1 2 14770 104_09 9360 6594 2773 2205 18.8% 23.6% 6553 3832 44.47 40.9% 9192 6594 1874 20.4X 3715 41.1% 4 96_32 --± Q4 7514 14_16_ 22.49 14.7% 25.7% 3940 4 40.9% 6_ 7 X744 1756- 8789 62Q9 _ _ —1416 1804 --16.2% 20,5Z ---�5647 4398 64.65 5 OX 8 8821 ftv�5 9 10 8811 7066 1IQ14 8U3-- 149 1801 24.47* 16.4% 4560 6225 51.8% 56.5% 11 8730 180420,75490 L_47 TOTAL 116094 83854 24020 20.7% 58307 50.2% ITEM NUMBER: 5 DATE: 11-3-04 EXHIBIT D: Landscape Plan axu .xh +o. YfYviJ•0�1/�IN�/+I'i + YO 'OtllOYOBuy "ow OZIItuvo '� 'JNI BNt]1101'100lid df ° NUIQIAMOOG '011 OZRMYO - 9II97, '+, '� '�� M1' a. �� NYid 9dY�QQNVI It 11 jp• . Z Q J a ..... i . ... + .. .... -- t ui�r ii!=',�I �Q[I{� it 1, + u r;tQ•;l'�}.t.,i i � � i) I I ! � � t fill I{�j t 1�3�I 'i�•y!,=I t!'i ..I)19L.�i�.6...trid�.••,•,�•r!•,r�Ilt„i�..,.1�„rt� �. � � C� EXHIBIT E: Tree Protection Plan ITEM NUMBER DATE: 11-3-04 �__�_—�--�__'—n 1{—� ISI• II � I it In o �• e �ltll4��S! a tj EXHIBIT F: Grading and Drainage Plan eu-� �A ��Nmomm� r��■ HU a; 1 n� � f— ,i �R �eQa��a• •n�cer�era ITEM NUMBER: 5 DATE: 11-3-04 ITEM NUMBER: DATE: 9-21-04 EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan A) WHO i -- ,.I ■■ � , ;1111 , I;��VI :: I III"111111 �� Ilj� hi'�': sa'gl �unas II ■■ I,�•iYl� ' �® ��Mo®jj ,e { ! I ' • � :'.IIII IIIII I nm 1�1.��11�1 H '� • al i, I IIN'� I1 BSI �YAlllllllll ,�;.Idl�� s'''��I!s IIIII ' i • S' �pp��}yy��s•t 11 C y M�y��1C `a m $ 37e9% e.tF �9pj.>II 5�Jim F I IIIIIIIII � ��l _. — — EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan A) Decorative Corbels Plan A Large s, columns ITEM NUMBER: 5 DATE: 11-3-04 DRAFTING Fascia Color - BY: Pale C eam' /fee 9u.Fus awnuc wr Single hung wmndows Advondack Blue' Chester Grey' Hampton Court - Front Door Color - House Color - Trim Color - Fascia Color - Color and Material Scheme U a) J- 4 C 0a IW, Location Material StyWFimsh Color Front Door Wood Adirondack Hardiplank 51dmq - 4 Accents Blue (TH66) Colonial Siding Hardiplank Colonial Hampton Roughsawn' Roughsawn Court(NA54) Horizontal Lap Window 4 2x4 Hem Fir Roughsawn Chester Grey Door Trim (NA48) Fascia 2x10 Hem Roughs~ Pale Cream Fir (W W32) Roofing Composition "Timberline" Burnt Sienna GAF 'Timberline" Blend Series Como Roofmg - Burnt 5enna Blend" Paint Colors by Ralph Lauren' or equivalent rendering colors are for reference only U a) J- 4 C 0a IW, ITEM NUMBER: DATE: 11-3-04 EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan B) I I • I•:-..� IIII��!� � _oo ,�i:o:poen � -- viieiiivovii� ., Ia tg ,� I�iiuiiip 'I 191111 sNil 111111 II. lulul �ie uEll ;ll ICU'' �moilf- I i Illilllll U VIII II !I I) a �II II� ITEM NUMBER: 5 DATE: 11-3-04 EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan B) Louvered _ • Fara Color - Gable Vent DRAFTING Palae Royal' Open Beam BY. Grape Arbor �et i%u/re.r Tnm Color -. h- 2?ueen Annb [ac - I .fie..-. +- i C. X C ids Cultured Brick Veneer - Front Door Color - House Color - 'Uxd brick - ch'cago Uxd' Mount VlllarlLa' Deep Green' Plan B Front Door Color - House Color - Trim Color - Fa5cla Color - ll4ount Villarvca' 'Deep Green' 'Queen Ann's Lace' 'f alais Royal' - a Color and Material Scheme Location Material 5tyWFmi5h Color Front Door Wood Mount Villarica t Accents (NA59) C) LJ_ 5iding Hardiplank Beaded Deep Grean Cultured Brick Cedarmill (GHGO) 0- dp Veneer- C CO Used Brick Chicago Window 6 2x4 Hem Fir Rough5awn Queen Ann'5 C Used' Door Trim Lace (WW71) M CB -4054 a0 Fascia 2x10 Hem Roughsawn is PalaRoyal Fir M-112) L Roofing Composition 'Timberline' Burnt 5tenna 60 -IL GAF 'Timberline' Blend 5erle5 Comp Hardlplank 51dlncl - Roofing - Entry Cultured Used Back 'Chicago Beaded Cedarmdl' Back Used, 'Burnt 5ienna Horizontal La Blend' p Veneer CB -4054 Paint Colors by Ralph Lauren' or equivalent rendering colors are for reference only ITEM NUMBER: DATE: 11-3-04 EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan C) SII I ae i��rio� t ! f �:� ;►moi: s;- �I! - seu j s ! m lo. nsdl;,&na�.�'fd dtl!�! Ih! EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan C) 2.10 Hem Round Gable ITEM NUMBER: 5 DATE: 11-3-04 Coconut' ?ownhouec' Kauai Jung/e' Archway Plan C Front Door Color - House Color - Trim Color - Fascia Color 'Townhouse' Coconut" Kauai Jungle' Ebony GAF "Timberline" 5erie5 Comp Rooflnq - 'Weathered Wood Blend' Paint Colors by Ralph Lauren' or equivalent rendenng colors are for reference only Color and Material Scheme Location Material 5tyleJFmish Color Front Door Wood Townhouse ! Accents (TH48) 5idmg 5tucco Smooth Coconut (NA04) Window t 2x4 Hem For Roughsawn Kauai Jungle Door Trim (fH31) Fascia 2x10 Hem Roughsawn Ebony (TH36) For Roofing Composdion'Timberline" Weathered Wood Blend C ITEM NUMBER: DATE: 11-3-04 EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan D) II II I e I, si' .�eesl3t8a: 4'11 I'I I{l� !1 tl,j ■� �) I� I��I =,,�'�� • GiN1j��lIHIIII��I�s � -lit E 2S i m�— /ie'ji IW�ll� ITEM NUMBER: 5 DATE: 11-3-04 EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan D) Fara Color --- Corbel Front Door Color - IdW��gyyl Material 5t yle/Fmish ;,--o'7 Stone Veneer Tnm Color - Houx Color - 'Lountry (edgeatone-P/atmum' Steps Handrail Onon Gray' Organic Green" Plan D 4 Accents Front Door Color - House Color - Trim Color - Fascia Color - '%wnhou5e" Organic Green' Orion Grey" Surrey' DRAFTING BY: �at 9nLe"c �T Color and Material Scheme Location Material 5t yle/Fmish Color Front Door Wood Townhouse 4 Accents (TH48) •-- U N - 5iding Hardlplank 5tratght Edge Organic Green Q Cultured Stone 5hingle Plank (GHG4) L— a Veneer - C) Country Ledgestone Window 4 2x4 Hem Fir Roughsawn Orion Grey C Platinum' Door Tnm (THI4) C5V-10043r�r�t� d Fascia 2x10 Hem Rougw hsan 5urrey (TH28) V Fir N Roofing Composition 'Timberline, Cedar Blend L ~ GAF 'Timberline" 5erie5 Comv Hardlplank Sld Poofln g - Beaded Cedarmmg rll' Raised Cultured Country 'Platinum" Cedar Blend' Foundation 5tone Ledgestone C5V-10043 Horizontal Lap Veneer 'TJ Paint Colors by Walph Lauren' or equivalent L rendering colors are for reference only ITEM NUMBER: DATE: 11-3-04 EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan E) 41 fill III I �1 Ueld JOOfOJd UW!JO eL4i :4 J ri tj I EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan E) Hem fir gable tnm Fara Color - Chester Grey' Exposed rafter tads Large square column Plan E ITEM NUMBER: 5 DATE: 11-3-04 DRAFTING BY �o� Du�eK 3D i-1 Front Door CO, , \_Tnm Color - \—House 1 'iurret $tair" Desert Caftan' peorry Front Door Color - House Color - Trim Color - Fascia Color - 'Turret Stair' Peony' Desert Caftan' Chester Grey' GAF "Timberline" 5emes Comp Roofing - 'Charcoal Blend' Paint Colors f'y 'Ralph Lauren' or equivalent rendenny colors are for reference only Window 4 Color and Material Scheme Desert Caftan Location Material 5tyWFimsh Color 6*�_-* Front Door Wood Turret Stair Hardlplank Sidmcl - Accents (NA32) Beaded Cedarmdl' 51ding Hardiplank Beaded Peony (NA42) Nonzontal Lap Cedarmdl GAF "Timberline" 5emes Comp Roofing - 'Charcoal Blend' Paint Colors f'y 'Ralph Lauren' or equivalent rendenny colors are for reference only Window 4 2x4 Hem Fir Roughsawn Desert Caftan Door Trim (NA30) Fascia 4 2x10 Hem Roughsawn Chester Grey Columns Fir (NA48) Roofing Composition 'Timberline" Charcoal Blend U N O CL W C C r N E ITEM NUMBER: DATE: 11-3-04 EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan F) - '�� ` '-. ■ver �� c ;_a I� ITEM NUMBER: 5 DATE: 11-3-04 EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan F) Decor Shutt � DRAFTING rasa. Color - _ BY: Hampton Court' 2x12 Hem Fir Fascia Stucco -covered ® ® arch and keystone_ neseye..e." r7r Tapered square Tnm Color - Front Door Color - 'Candelabra White' columns 'Lbrary Mahogany' %Mount l�iNanca' Plan F Front Door Color - House Color - Trim Color - Fascia Color - 'Mount Vilfarica' Candelabra White' "Library Mahogany' Hampton Court" GAF 'Timberline" 5erie5 Comp Roofing - 6urnt Sienna Blend' Paint Colors by Ralph Lauren"or equivalent rendering colon are for reference only Color and Material Scheme Location Material 5tyle/Fini5h Color Front Door Wood Mount Vlllarica 4 Accents (NA59) Siding Stucco Smooth Candelabra White (WW69) Window 4 2x4 Hem Fir Roughsawn Library Door Trim Mahogany (NA31) Fascia 2x12 Hem Roughsawn Hampton Fir Court (NA54) Roofing Composition *Timberline" Burnt 51enna Blend y-+ U N O L (Z LL F ITEM NUMBER DATE: 11-3-04 EXHIBIT H: Utility Plan ITEM NUMBER DATE: 11-3-04 ATTACHMENT 6: Draft Resolution PC 2004-0126 ZCH 2004-0078/TTM 2004-0048 Proposed Vesting Tentative Tract Map DRAFT RESOLUTION PC 2004-0126 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE TRACT MAP 2004- 00489 A TWELVE LOT SUBDIVISION CONSISTENT WITH A PD -17 MASTER PLAN OF DEVELOPMENT ON APN 049-101-022 (5310 Carrizo Rd. / Griffin) WHEREAS, an application has been received from Scott Griffin (5310 Carrizo Rd., Atascadero, CA 93422), Applicant and Property Owner, to consider a project consisting of a zone change from RSF-X (Residential Single -Family) to RSF-X / PD -17 (Residential Single - Family with Planned Development Overlay #17) with the adoption of a Master Plan of Development, and a twelve lot residential Tentative Tract Map on APN 049-101-022; and, WHEREAS, the site's General Plan Designation is SFR -X (Single -Family Residential - X); and, WHEREAS, the Planning Commission has recommended that the site's zoning district be changed from RSF-X to RSF-X/PD 1 7/HS; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2004-0030 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 laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Tract Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, WHEREAS, the Planning Commission of the City of Atascadero took action on the proposed project (Resolution 2004-0116) at a public hearing on September 21, 2004; and, WHEREAS, due to a legal neighborhood noticing error, the City Council referred the project back to planning Commission for re -hearing and extinguished all previous resolutions related to the proposed project; and, ITEM NUMBER DATE: 11-3-04 WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on November 3, 2004, studied and considered Tentative Tract Map 2004- 0048, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Approval for Tentative Tract Map, the Planning Commission of the City of Atascadero finds as follows: 1. The proposed subdivision, design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District #17 Master Plan of Development (CUP 2004-0126). 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. Covenants, Conditions and Restrictions (CC&R's) shall be required that incorporate the planned development conditions of approval to ensure that the site retains the qualities (architecture, colors, materials, street amenities, fencing, and landscaping) over time. 8. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety, or welfare of the general public. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on November 3, 2004, resolved to recommend that the City Council approve Tentative Tract Map (TTM 2004-0048) subject to the following: 1. Exhibit A: Vesting Tentative Tract Map 2004-0048 2. Exhibit 13: Conditions of Approval / Mitigation Monitoring Program. ITEM NUMBER: 5 DATE: 11-3-04 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: (0 ) NOES: (0 ) ABSTAIN: (0 ) ABSENT: (0 ) ADOPTED: CITY OF ATASCADERO, CA Bob Kelley Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: 5 DATE: 11-3-04 Exhibit A: Vesting Tentative Tract Map 2004-0048 "s ,• a tlE�111a�1� : I � 6�h,tltltltlayellrelt�(lltlrtl�l w ITEM NUMBER: DATE: 11-3-04 Exhibit B: Conditions of Approval / Mitigation Monitoring Program Tentative Tract Map 2004-0048 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 5310 Carrizo Rd BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2004-0048 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Planning Services 1. The approval of this Tentative Tract Map shall not become final and FM PS effective following approval of Zone Change 2004-0078 and CUP 2003-0126. 2. Approval of this Tentative Tract Map shall be valid for two years after FM PS its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the authority to FM PS 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 park or recreation FM PS purposes (QUIMBY Act) as required by City Ordinance. 5. The applicant shall record CC&R's for the subdivision subject to the FM PS review and approval of the City Engineer, City Attorney, and Planning Services. The CC&R's shall identify the maintenance responsibilities of all private driveways, sewer facilities, drainage facilities, common parking areas, site lighting, landscape areas, fencing, and other common facilities. The CC&R's shall also state that all exterior colors, exterior materials, yard fencing, and site landscaping shall be consistent with the overall master plan of development. Any subsequent changes to the CC&R's, related to items required by the Master Plan of Development or this approval, shall be subject to City approval, and including those provisions outlined in Condition 12 of this section. 6. The granting of this entitlement shall apply to the property located at On going PS 5310 Carrizo Rd (APN 049-101-022) regardless of owner. 7. The subdivider shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. ITEM NUMBER: DATE: 11-3-04 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 5310 Carrizo Rd BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2004-0048 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 8. The Final Map shall be drawn in substantial conformance with the FM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 9. Affordable Housing Requirement: The applicant shall designate 2 units FM PS, CE as moderate -income units, deed -restricted for a 30 -year period. Such units shall be located throughout the project, subject to planning staff approval. 10. Deed notice shall be recorded with each lot notifying each property FM PS, CE owner that the on-site roadway shall be extended to serve future subdivisions to the west and north. 11. Affordable Workforce Housing FM PS, CE Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve 1/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; The Atascadero resident or worker restriction shall apply to the initial sale only; The applicant shall identify which units will be reserved; and The City Attorney shall approve the final form of the agreement. 12. Prior to final map, the applicant shall submit CC&Rs for review and approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a. Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping. b. A detailed list of each individual homeowner's ITEM NUMBER: DATE: 11-3-04 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services 5310 Carrizo Rd SIP: Subdivision FD: Fire Department Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2004-0048 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy responsibilities for maintenance of the individual units. c. Individual unit's responsibility for keeping all trash receptacles within the unit's garage. d. A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. 13. The emergency services and facility maintenance costs listed below FM PS shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the 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. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. ■ 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 costs listed below shall be 100% funded by the FM PS 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. ■ All streets, sidewalks, roads, and sewer mains within the project. ■ All drainage facilities and detention basins. ■ All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. ■ All frontage landscaping and sidewalks along arterial streets ITEM NUMBER: DATE: 11-3-04 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 5310 Carrizo Rd BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2004-0048 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 15. A deed restriction shall be required for Lot 1 preventing the site from FM PS being altered in any manner that would degrade the significance of this historic house. Any alterations to the Colony Home shall follow the Secretary of the Interior standards for rehabilitation of historic structures Fire Marshal 16. Fire lanes shall be delineated to restrict parking as required by the BP BS Fire Authority. 17. The applicant shall provide two fire hydrants at a location approved by the Fire Department. Engineering Conditions: PROJECT SPECIFIC CONDITIONS Drainage: 18. Obtain approval by the City Engineer of the grading & drainage plan GP,BP CE and the storm drain design & facilities. 19. Submit calculations to support the design of any structures or pipes. GP,BP CE 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. 20. Provide for the detention of the 50 year developed storm runoff, while GP,BP CE metering out the 2 year undeveloped storm runoff. 21. Show the method of dispersal at all pipe outlets. Include specifications GP,BP CE for size & type. 22. Acquire drainage easements where needed. Drainage shall cross lot GP,BP CE lines only where a drainage easement has been provided. 23. Concentrated drainage from off-site areas shall be conveyed across GP,BP CE 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 can not be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. Public Improvements and Maintenance: ITEM NUMBER: DATE: 11-3-04 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 5310 Carrizo Rd BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2004-0048 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy FM CE 24. The applicant must provide for the repair and maintenance of on-site shared improvements. This includes roads, sidewalks, street trees, streetlights, private sewer system, drainage facilities, recreation areas and common landscaping. The two methods that may be used are: a. Homeowners Association. This private organization would be responsible for the maintenance, repair and replacement of the facilities. b. Assessment District and Landscape and Lighting District. Funds for the maintenance, repair and replacement of the facilities would be collected on the property tax bill and distributed to the City. The City Engineer and City Attorney shall approve the final form prior to recordation. 25. All public improvements shall be constructed in conformance with the GP,BP CE City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 26. Frontage improvements on Carrizo Road shall be constructed GP,BP CE consistent with the Tentative Tract Map. 27. Prior to issuance of building permits, the applicant shall submit a GP,BP CE grading and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. SANITARY SEWER CONDITIONS 28. The Public Works Department shall approve all wastewater facilities GP,BP WW prior to construction. This includes pumps, force mains, cleanouts, manholes and connections. 29. Applicant shall pay sewer extension (annexation) fees upon issuance GP,BP WW of building permit. Sewer Connection and Reimbursement fees shall be payable upon actual connection of the building sewer to the public sewer system. 30. Gravity mains and other sewer facilities within the subdivision shall be GP,BP WW privately owned and maintained. 31. Gravity mains within the subdivision shall be eight (8) inches in GP,BP WW diameter. ITEM NUMBER: DATE: 11-3-04 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 5310 Carrizo Rd BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2004-0048 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. FO: Final Occupancy STANDARD CONDITIONS 32. All public improvements shall be constructed in conformance with the GP,BP CE City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 33. In the event that the applicant is allowed to bond for the public FM CE improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 34. An engineer's estimate of probable cost shall be submitted for review FM CE and approval by the City Engineer to determine the amount of the bond. 35. The Subdivision Improvement Agreement shall record concurrently FM CE with the Final Map. 36. The applicant shall be responsible for the relocation and/or alteration of GP,BP CE existing utilities. 37. The applicant shall install all new utilities (water, gas, electric, cable TV GP,BP CE and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 38. The applicant shall monument all property corners for construction FM CE control and shall promptly replace them if disturbed. 39. The applicant shall acquire title interest in any off-site land that may be FM CE 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. 40. Slope easements shall be provided as needed to accommodate cut of FM CE fill slopes. 41. Drainage easements shall be provided as needed to accommodate FM CE both public and private drainage facilities. 42. The final map shall be signed by the City Engineer prior to the map FM CE being placed on the agenda for City Council acceptance. 43. Prior to recording the tract map, the applicant shall submit a map FM CE 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 ITEM NUMBER: DATE: 11-3-04 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 5310 Carrizo Rd BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2004-0048 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Subdivision Map Act and the City's Subdivision Ordinance. 44. Prior to recording the tract map, the applicant shall set monuments at FM CE 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. 45. Prior to recording the tract map, the applicant shall pay all outstanding plan check/inspection fees 46. Prior to recording the map, the applicant shall complete all FM CE improvements required by these conditions of approval. 47. Prior to recording the tract map, the applicant shall have the map FM CE 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 map. 48. Upon recording the final map, the applicant shall provide the City with a FM CE black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 49. Prior to the final inspection of any public improvements, the applicant FM CE shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 50. Prior to the final inspection, the applicant shall submit a written GP,BP CE certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 51. An encroachment permit shall be obtained prior to any work within City GP,BP CE rights of way. 52. Prior to the issuance of building permits the applicant shall submit a GP,BP CE grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. Atascadero Mutual Water Company ITEM NUMBER: DATE: 11-3-04 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 5310 Carrizo Rd BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2004-0048 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 53. Before the issuance of building permits, the applicant shall submit BP BS plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross -connection devices shall conform to AWWA and California Department of Health Services standards. 54. Before the start of construction on the water system improvements, BP BS 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. 55. Before issuance of building permits, the applicant shall obtain a "Will BP BS Serve" letter from AMWC for the newly created lots within the subdivision. 56. The water mains required to serve the project shall be laid out in a BP BS grid or looped pattern and shall connect to the existing water mains system in Carrizo (8" main) and to Tract 2577 (8" main) if possible. 57. The applicant shall provide AMWC with easements for those water facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 58. The applicant shall submit a hydraulic analysis with 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. 59. The applicant shall obtain a separate landscape -irrigation meter(s) from AMWC for the common areas within the project. ITEM NUMBER: DATE: 11-3-04 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 5310 Carrizo Rd BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2004-0048 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 60. Before construction of the water system 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. Mitigation Measures Mitigation Measure 1.c.1: The following landscape mitigations shall apply: BP BS, PS, CE 1.c.1 ■ Proposed fencing location and height shall comply with Atascadero Municipal Code. ■ The project landscaping shall include residential front yards, street facing side yards. ■ All proposed trees shall be shade trees of a minimum 15 -gallon size and double staked. Mitigation Measure 1.c.2: The proposed homes shall include the use of BP BS, PS, CE 1.c.2 earth -tone paint and roof colors designed to blend with the surrounding residential environment and reduce the potential for reflected light and glare. Mitigation Measure 1.d.1: If exterior street lighting is proposed, it shall be BP BS, PS, CE 1.d.1 designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 14 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the private street. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. In addition, individual exterior home -owner lighting shall be restricted through CC&R's and individual lot deed -restriction to prohibit high-intensity lighting in excess of one -foot candle, limited in fixture height to not exceed 10 feet, and utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. ITEM NUMBER: DATE: 11-3-04 Conditions of Approval / Timing Mitigation Monitoring Program GP: Grading Permit BP: Building Permit 5310 Carrizo Rd SIP: Subdivision Improvement Plans Tentative Tract Map FM: Final Map TO: Temporary TTM 2004-0048 occupancy FI: Final inspection F0: Final Occupancy Responsibility Mitigation /Monitoring Measure PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 3.b.1: The project shall be conditioned to comply with BP, GP BS, PS, CE 3.16.1 all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. ■ Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast -germinating native grass seed and watered ITEM NUMBER: DATE: 11-3-04 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 5310 Carrizo Rd BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2004-0048 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.e.1: The building permit site plan shall identify all BP PS, BS, CE 4.e.1 protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan. Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. Mitigation Measure 4.e.2: The developer shall contract with a certified BP PS, BS, CE 4.e.2 arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of ITEM NUMBER: DATE: 11-3-04 Conditions of Approval / Mitigation Monitoring Program 5310 Carrizo Rd Tentative Tract Map TTM 2004-0048 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary occupancy FI: Final inspection F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure encroachment into the tree's root zone area. (c) As specified by the arborist report and City staff: ■ Fencing: Must be a minimum of 4' high, chain link, snow or safety fence staked at the drip -line or line of encroachment for each tree or group of trees. Tree fencing shall be erected before demolition, grading, or construction begins. The owner shall be responsible for maintaining an erect fence throughout the construction period. The arborist(s) shall inspect the fence placement once it is erected. This is mandatory for this project. ■ Soil Aeration Methods: Soils under drip -lines that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include water jetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with a 24" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist shall advise. ■ Chip Mulch: All areas within the drip -line of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction. ■ Trenching within the Drip -line: All trenching under drip -lines of native trees shall be hand dug, augured, or bored. All major roots shall be avoided whenever possible. All exposed roots larger than 1" in diameter shall be clean cut with a sharp pruning tool and not left ragged. • Grading within drip -line: Grading should not encroach within the drip -line. If grading is necessary, construction of retaining walls or tree wells or other protection measures may be necessary to insure the survivability of the trees. Chip mulch 4-6" in depth may also be required in these areas. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. Grading shall be done by hand underneath the drip -lines to avoid tearing any roots. ■ Exposed Roots: Any exposed roots shall be recovered the same day they were exposed. If they cannot, they must be covered with burlap or another suitable material and wetted down 2X per day. ■ Paving within the Drip -line: Pervious surfacing is preferred within the dripline of any oak trees. Arborist(s) will advise. ■ Equipment Operation: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. ■ Existing Surfaces: The existing ground surface within the drip -line of all oak trees shall not be cut, filled, compacted, or pared. ■ Construction materials and waste: No liquid or solid construction waste shall be dumped on the ground within the drip -line of any oak tree. ■ Arborist Monitoring: An arborist shall be present for selected ITEM NUMBER: DATE: 11-3-04 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 5310 Carrizo Rd BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2004-0048 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy activities (trees identified on spreadsheet — See attachment 5) and pre -construction fence placement. The monitoring does not necessarily have to be continuous but observational at times during the above activities. ■ Pre -Construction Meeting: An on-site pre -construction meeting with the Arborist, owner, planning staff, and the earth moving team shall be required for this project. Prior to final occupancy, a letter from the arborist shall be required verifying the health/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall verify that the arborist was on site for all grading and/or trenching activity that encroached into the drip -line of the selected native trees, and that all work done in these areas was completed to the standards set forth above. (d). Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 5.a.1: Replacement of any exterior materials or design BP PS, BS 5.a.1 features on the original colony house shall be consistent with the Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating Historic Buildings. This shall include the replacements of any doors and windows with solid wood framing of similar design and appearance. Vinyl, vinyl -cladding, and metal materials are not permitted. Mitigation Measure 5.a.2: The proposed project shall include Covenants, BP PS, BS 5.a.2 Conditions and Restrictions (CC&R's) or equivalent mechanism that incorporate the planned development conditions of approval to ensure that the site retains the historic qualities (historic buildings, architecture, colors, materials, fencing, and landscaping) over time. Mitigation Measure 5.a.3: The new attached garage shall be constructed BP PS, BS 5.a.3 on the colony house lot shall be of similar design as the existing original wood sided house. The garage shall incorporate a pair of single or double - hung wood windows on each side and wood door design. A wood door may be added to any side. The garage door shall be constructed of wood and have an architectural appearance similar to the colony home architectural style. The garage door may be of roll -up function. Mitigation Measure 5.b.1: Should any cultural resources be unearthed BP PS, BS 5.b.1 during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. ITEM NUMBER: DATE: 11-3-04 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 5310 Carrizo Rd BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2004-0048 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Mitigation Measure 6.b.1: The grading permit application plans shall GP PS, BS, CE 6.b.1 include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.1: A soils report shall be required to be submitted BP, GP PS, BS, CE 6.c.1 with a future building permit by the building department. Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention Plan GP PS, BS, CE 8.0.1 (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for ensuring that GP PS, BS, CE 8.0.2 all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. ITEM NUMBER: DATE: 11-3-04 Conditions of Approval / Mitigation Monitoring Program 5310 Carrizo Rd Tentative Tract Map TTM 2004-0048 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary occupancy FI: Final inspection F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 11.d.1: All construction activities shall comply with the BP, GP PS, BS, CE 11.d.1 City of Atascadero Noise Ordinance for hours of operation, and as follows: Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. ITEM NUMBER: 6 DATE: 11-3-04 Atascadero Planning Commission Staff Report - Community Development Department Traffic Way Variance 2004-0004 Front Yard Setback — Single -Family House (Gearhart) SUBJECT: The proposed project consists of an application for a Variance to permit less than the required 25 -foot front yard setback. RECOMMENDATION: Staff Recommends: 1. Adopt Resolution PC 2004-0121 approving Variance 2004-0004 to include proposed site plan (EXHIBIT A) based on findings and subject to conditions. Situation and Facts: 1. Applicant / Representative: Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422 2. Project Address: Traffic Way, Atascadero, CA 93422 (San Luis Obispo County) APN 029-061-042 3. General Plan Designation: General Plan Designation: HDR (High Density Residential, 16 units/acre max) 4. Zoning District: RMF -16 (Residential Multi -Family) 5. Site Area: 0.26 acres 6. Existing Use: Vacant with common driveway to adjacent residence 7. Environmental Status: Exempt under Article 19, Section 15303, Class 3a DISCUSSION: Analysis of Planning Issues Project Definition The proposed project consists of a request to construct a single-family residential home within the 25 -foot front yard setback requirements of Atascadero Municipal Code section 9-4.106 - Front setbacks. Background Surrounding Land Use and Setting: North: Residential Multi -Family - 16 East: Residential Multi -Family - 16 South: Residential Multi -Family - 16 West: Industrial r' Southerly view of proposed building pad. Project Definition The applicant proposes to construct a single-family residence on the project site. Due to the location of existing native oak trees, moderate to steep slopes, and an existing paved driveway easement, the applicant proposes to place the house on the only level portion of the site along Traffic Way. This level area is constrained by existing retaining walls and the driveway easement requiring encroachment into the 25 -foot front yard setback. The requested Variance would allow the house to encroach 20 -feet into this setback. The applicant also proposes to place a native tree / open space easement on the upper portion of the site to prevent future grading or construction in this area to assure preservation of the exiting hillside and native oak trees. According to the applicant, the only alternate building site is located on the steep slope at the mid to rear area of the site. However, significant grading and the removal of several native oak trees would be required. Staff concurs with this assessment. Conceptual home elevation along EI Camino Real. Qif® DInn Site Section Existing Flat Pad Proposed 41 mw , Proposed 5' Setback Proposed 900 House - eeo vc - - - - ---- no ., _ Existing Slope / Native Trees No Existing ex Driveway Proposed 5' Setback _50 - - — /1 Tree Protection The project requires protection of one 30 -inch DBH native white oak tree located immediately adjacent to the proposed house that will require monitoring due to construction impacts. Arborist's recommendations have been incorporated into the project to reduce impact to native trees to a less than significant level (Exhibit B). Findings: \/a ria nr.P In order to approve an exception to the Development Standards contained in the Zoning Ordinance, the Planning Commission must make the following findings: 1. The variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated: and Staff Comment: Due to the site slopes and native trees, the proposed variance appears to be superior to a later alternative building site that would significantly impact the site in terms of hillside grading and native tree impacts. 2. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, and because of these circumstances, the application of this title would deprive the property of privileges enjoyed by other property in the vicinity and in the same zoning district; and Staff Comment: Due to the site slopes and native oak trees, the proposed variance appears to be superior to an alternative building site that would significantly impact the site in terms of hillside grading and native tree impacts. 3. The variance does not authorize a use which is not otherwise authorized in the zoning district; and Staff Comment: A single family home is allowed use on the subject site and within the HDR land use designation. 4. The granting of such variance does not, under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements. Staff Comment: A reduction in front yard setback incorporates an existing 8 -foot high retaining wall. The retaining wall separates traffic along Traffic Way from the house pad and 5 -foot front yard setback. 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. CONCLUSION: The proposed project is not consistent with the General Plan and Atascadero Municipal Code, as analyzed within this staff report. It is staff's opinion that the proposed project does not allow the Planning Commission to make all of the required findings for project approval. ALTERNATIVES: 1. The Commission may recommend modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The parcel would retain its designation of Residential Multi -Family -16. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Steve McHarris, Deputy Community Development Director ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Draft Resolution of Approval Proposed Variance Attachment 1: Location Map, General Plan and Zoning KI a Project — Site I RS F=Y / SFR -Y 4, 4h H n f0. �e HDR RMF -16 C3�? 8 y3� Yy .1 01, l9 f� :AI' Existing Designations: -General Plan: HDR (High Density Residential) -Zoning District: RMF -16 (Residential Multi -Family— 16) Ws ATTACHMENT 2: Draft Resolution PC 2004-0121 Variance DRAFT RESOLUTION PC 2004-0121 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING PROPOSED VARIANCE 2004-0004 ALLOWING A REDUCTION IN FRONT YARD SETBACK, APN 029-061-042 (Traffic Way / Gearhart) WHEREAS, an application has been received from Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422), Applicant and property owner, to consider a project consisting of a variance to allow encroachment into the front yard setback on APN 029-061- 042; and, WHEREAS, the project is exempt from the requirements of the California Environmental Quality Act (CEQA) under Article 19, Section 15303, Class 3a; and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on November 3, 2004; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero, hereby resolves to take the following actions: SECTION 1. Findings for approval of Variance. The Planning Commission finds as follows: 1. The variance authorized does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated: and 2. There are special circumstances applicable to the property, including size, and shape of the lot, and the existence of three large native trees, and because of these circumstances, the application of this title would deprive the property of privileges enjoyed by other property in the vicinity and in the same zoning district; and 3. The variance does not authorize a use which is not otherwise authorized in the zoning district; and 4. The granting of such variance does not, under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements. SECTION 2. Approval. The Planning Commission does hereby approve Variance 2001- 0002 from required front setbacks subject to the following Conditions and Exhibits: EXHIBIT A: Site Plan EXHIBIT B: Arborist Report EXHIBIT C: Conditions of Approval On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) CITY OF ATASCADERO, CA Bob Kelley Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A. Site Plan yay Variance: 5 - foot front yard `g ` setback A O 07 X a va E iia sli5 F6 SDY� Y }¢pa �EE ?RAI t 4 4 pp} y a%Y Mat ;n9 rA a".d a ySEx &rr v. 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[ds n x \ �K�Pro 06 ^\ \\ \ \ \\\ ILII X a va E iia sli5 F6 SDY� Y }¢pa �EE ?RAI t 4 4 pp} y a%Y Mat ;n9 rA a".d a ySEx &rr v. X�E 7=R $"rfa14 }veers yyrS �q;�b P 6rY Y6ts �` "\ s� V . £• a} MON �x � #¢¢ fall �8 � YY a�r :a3r�d.` a y ¢ i, Y" i; Y i } 5 r qq}} r ig .A( e�"i ¢ r•• 'A itSrl 4D�r�'q irF �� #•�E aY=} @¢• " rsur ¢ gp: x R 5= X 6} R Yxrp ya :T aa>a `ar '�• ��g{�r E } iP}r' Di}atDA >ra4}} } 1R v x= hi § E= d> 3 K}r$"q • ¢r•D `°'x` 2F i- E9p� C aa:Rg j=¢rs!', gra�F, A $p :as.r=i}K¢ D rr@ i-0- Sf .pil $"� y� i . $ ■ §pi 0" Y �¢ d` Dib' ¢' =r�� At ¢ffi} }•T r¢..iiu�y X}} E£a ggY x E S Dir" _ ,�� /•� R4,-sdr Y. i!'! YS• 8?a�tE� i9tl} § % �.� g� � �' 1157 SEC¢• } i#t •XW,r iYna at $$_�Crai ps �' ap 7, TLS•F ¢g y e�gga kkl YgYr a £1:1: rt1O}ri} gx�Ri� PtvsR� r�q��Ysr#,� Ei.!eg%ai 6 dri 9, ILrA ,r r'1,xa D� a r ai I q ¢t Q �;, E :DD` };9 }¢`Y a'ai . i� i 4p §•% 9 �% 3 } fr Erf ¢ i4rryy ipD 3 P� ' } }pp $( aX%},Eo ••3 E rt r })) 01e Y t DG" A Y %a YSp /. y E"�'..TP tf' Y f r= F 3 Y •'` D X, YC 3a'} Nal 'Li Lc 2 } y 6 a 'f} �� ¢.ia�! 1:,yA 9 r. A ig r,(a aX 4 nEa '¢ S ga614q,i• ri E s, g p 5 �5 ..,c } 7. 5 D r} t¢ r E %v Es`; pula g K° E '�•�`�3 p Ea R 4 iG E • } � € E•: 3• r.., p° a $R Y5a}'a ' - vx � a32. p �A% ��aY Aja=Y rn . ES. 8• � R' g D •%T i i :Xa Lc q a/ E �i X" .. 4i■^■ Sid <% X Y r £ ¢ .E rT ae92s�pxi i(; °r a �•ea h5 tl s.7AF q M}_F !l 2i a r}r Npp't t }:Y yTDt a_ E 3 t x$}il £Y21E%ql a=$ F+$S rr$-¢ it £ �F i�g¢y }$ % 6}`a'i ya� SY 1�! £• } '�rDr¢ iAar¢a fl r ag'Yp r �nyF'�$ y r No AX gY9 g�a� $a,� % 54= �p 3.i •� �' ° ¢ _ iEa" aaR �R.�$$ Yz _¢ v' E@x! 1.:E a ¢, • ra Yliff D D� a d2��?'•r -= s i S¢'Yr£'L 6 yg..�•". y 98 as' 1$ { %_ Ryx 'r'��8ygit' _ :e Y aG A e 8n i< ' i }¢ `5; p" �i'r` ;ser^gj;: @,i }"'F¢' = v4�g':E¢ 11"0 � w 52"1 w 7P$r�pg, ;_$ � $� ni E?q £..r i aaEE A. c$ lip 4 - D q ¢p ply V e:t$ .3%is%t ri !} E'i51 i$! FrX it=iR rXi ; X3X6 Mn SYXt' alii¢ £n i} ��r i iSft£Snf Xi r9! eJa"�Ei '. [ds n x EXHIBIT B: Arborist Report P.O. Box 1311 Templeton, California 93465 October 17, 2004 Gearhart Development 6205 Alcantara Road Atascadero, CA 93422 Re: Lot Development at Lot 28 Block D -A Traffic way Avenue Atascadero, CA. This report is in regards to the proposed lot development listed above. No native oak trees are to be removed for this project. Only one tree on the lot will be impacted by this development one white oak (Quercus alba). Please see the specific mitigation recommendations on the attached spreadsheet. The owner shall be solely responsible in providing a copy of this tree protection plan to all contractors that encroach within the tree protection fencing/drip-line of the subject native tree. The owner shall have all contractors sign this report to acknowledge the mitigation measures necessary to preserve the native oak trees. The following mitigation measures/methods must be fully understood and followed by anyone working within the drip -line of any oak tree. Any clarification needed will be provided by the arborists upon request. 1. Fencing: The proposed fencing is highlighted in yellow on the grading plan. It must be a minimum of 4' high chain link, snow or safety fence staked at the drip -line or line of encroachment for each tree or group of trees. The fence must be up before any construction or earth moving begins. The owner shall be responsible for maintaining an erect fence throughout the construction period. The arborist(s), upon notification, will inspect the fence placement once it is erected. This is mandatory for this project. 2. Soil Aeration Methods: Soils under the drip -lines that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include water jetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with a 24" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist(s) shall advise. 3. Chip Mulch: All areas within the drip -line of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction. 4. Trenching Within the Drip -line: All trenching under the drip -lines of native trees shall be hand dug, augured, bored or air spade. All major roots shall be avoided EXHIBIT B: Arborist Report whenever possible. All exposed roots larger than 1" in diameter shall be clean cut with a sharp pruning tool and not left ragged. 5. Grading Within the Drip -line: Grading should not encroach within the drip -line. If grading is necessary, construction of retaining walls or tree wells or other protection measures may be necessary to insure the survivability of the trees. Chip mulch 4-6" in depth may also be required in these areas. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. 6. Exposed Roots: Any exposed roots shall be recovered the same day they were exposed. If they cannot, they must be covered with burlap or another suitable material and wetted down 2x per day until re -buried. 7. Paving Within the Drip-Iine: Pervious surfacing is preferred within the drip -line of any oak tree. Arborist(s) will advise. 8. Equipment Operation: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil comp action. 9. Existing Surfaces: The existing ground surface within the drip -line of all oak trees shall not be cut, filled, compacted or pared. The exception will be adding base on the edge of the existing driveway. 10. Construction Materials and Waste: No liquid or solid construction waste shall be dumped on the ground within the drip -line of any oak tree. 11. Arborist Monitoring: An arborist shall be present for selected activities (trees identified on spreadsheet) and pre -construction fence placement. The monitoring does not necessarily have to be continuous but observational at times during the above activities. All trees potentially impacted by this project are numbered and identified on both the grading plan and the tree protection spreadsheet. Some trees may not have been identified on the spreadsheet because other identified trees adjacent to the construction zone inherently protect them. The included spreadsheet includes trees listed by number, species and multiple stems if applicable, diameter and breast height (45), condition (scale from poor to excellent), status (avoided, impacted, removed, exempt), percent of drip line impacted, mitigation required (fencing), construction impact (house, road, etc.), and individual tree notes. Please let me know if I can be of any future assistance to you for this project Steven G. Alvarez Certified Arborist #WC -0511 EXHIBIT B: Arborist Report EXHIBIT C: Conditions of Approval - VAR 2004-0004 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services Traffic Way Variance License FD: Fire Department VAR -2004-0004 GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA: City Attorney Occupancy FO: Final Occupancy Planning Services 1. The approval of this variance shall become final and effective following BP PS Planning Commission approval. 2. Approval of this Variance shall be valid for twenty-four (24) months after BP PS its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 3. The applicant shall defend, indemnify, and hold harmless the City of Ongoing PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the variance. 4. All subsequent construction permits shall be consistent with the Site BPM PS, CE Plan (Exhibit A) contained herein. 5. A Tree Preservation / Open Space easement shall be established over BP PS the mid to rear portion of the site, as identified in Exhibit A, recorded prior to issuance of building permit. 6. All recommendations of the project arborist / tree preservation report BP PS shall be strictly adhered to. ITEM NUMBER: DATE: Atascadero Planning Commission Staff Report - Community Development Department Tentative Tract Map 2004-0056 (Tract 2657) and Amendment to CUP 2002-0072 PD -9 Master Plan of Development North Ferrocaril Road (Gearhart / Wilson Land Surveys) RECOMMENDATION: ri 11 _11_n4 The Planning Commission adopt Resolution PC 2004-0128 approving Tentative Tract Map 2004-0056 (Tract 2657), a request to establish sixty airspace units on one common lot, based on findings and subject to conditions and approving an Amendment to CUP 2002-0072 PD -9 Master Plan of Development, allowing for a Condominium Plan over the Senior Housing portion of the Master Plan and variation in square footages for the individual units. SITUATION AND FACTS: 1. Applicant/Owners: Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422 2. Project Address: N. Ferrocaril Road, Atascadero, CA 93422 APN: Portion of 049-043-002 3. General Plan Designation: CREC (Commercial Recreation) 4. Zoning District: LS (Special Recreation Zone), PD -9 Overlay 5. Site Area: 7.19 acres 6. Existing Use: Vacant with approved PD -9 7. Environmental Status: Consistent with Mitigated Negative Declaration 2003- 0054 prepared for ZCH 2003-0069/CUP 2002- 0072/TTM 2002-0020. DISCUSSION: Background: The property is located just north of Ferrocaril Road, east of EI Camino Real and the Southern Pacific Railroad, just inside the northern city limits. Project Site `•• Open Space Parcel . � o rhe, Ferrocaril Road EI Camino Real`` ° a o R o e as .7`\`\ Southern Pacific Railroad Bas a a p There is Commercial Zoning to the west, Single -Family Zoning to the south, and Open Space Zoning to the east and north. The site and the surrounding property recently received approval for a Zone Change, Conditional Use Permit Master Plan of Development and Tract 2498. Multi -family use may be conditionally approved with a maximum density of 16 dwelling units per acre in the LS (Special Recreation) Zoning District. City sewer will serve the property, and water is available from the Atascadero Mutual Water Company. Condominium Design: The condominium map will merge 6 existing lots into one lot and allow for the establishment of sixty airspace units with common ownership of the underlying lot. The amendment to the Master Plan of Development will allow for varied square footages among the proposed units. The units will range in size from approximately 480 to 750 square feet of living space with 96 square feet of covered porch area. Parking is disbursed throughout the project area with 61 covered spaces, 31 uncovered spaces, 8 covered handicapped spaces and 10 RV spaces for a total of 110 spaces. Public Improvements: All project conditions for Master Plan of Development CUP 2002- 0072 will remain in place. These conditions include the installation of the bridge prior to issuance of building permits. Environmental Review: Staff has determined that the project is consistent with Certified Mitigated Negative 2003-0054, prepared for ZCH 2003-0069/CUP 2002-0072/TTM 2002-0020 and the mitigation measures have been incorporated into the conditions of approval for the project. Conclusion: The proposed condominium map and amendment are consistent with the 2002 General Plan and Zoning Ordinance and the airspace configurations are consistent with the requirements of the Subdivision Ordinance. Staff recommends the Planning Commission approve the Tentative Tract Map and Amendment to CUP 2002- 0072 based on findings and conditions. ALTERNATIVES: 1. The Commission may approve the project, subject to additional or revised project conditions. The Commission's motion to approve needs to include any new or revised project conditions. 2. The Commission may deny the project if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. PREPARED BY: Kerry Margason, Associate Planner ATTACHMENTS: Attachment 1 -- Location Map (General Plan & Zoning) Attachment 2 -- Draft Resolution PC 2004-0128 ATTACHMENT 1: Zoning Map TTM 2004-0056 AND AMENDMENT TO CUP 2002-0072 N. Ferrocaril Road Project Site ' ` Open Space Parcel �,.°�r, a �•r„',•.,„,,,„•,^, em Ferrocaril Road EI Camino Real ° o as 0 0 Southern Pacific Railroad 0 ° ens nn D a 0 General Plan = CREC (Commercial Recreation) Zoning = LS/PD 9 (Special Recreation with PD 9 Overlay) ATTACHMENT 2: Draft Resolution PC 2004-0128 TTM 2004-0056 AND AMENDMENT TO CUP 2002-0072 N. Ferrocaril Road DRAFT RESOLUTION NO. PC 2004-0128 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING TENTATIVE TRACT MAP 2004-0056 (Tract 2657), ESTABLISHING SIXTY AIRSPACE UNITS ON ONE COMMON LOT AND AMENDMENT TO CUP 2002-0072, ALLOWING SIXTY AIRSPACE CONDOMINIUMS WITH VARIED SQUARE FOOTAGES AT N. FERROCARIL ROAD (Gearhart) WHEREAS, applications were received from Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, California 93422 (Owner/Applicant), for a Tentative Tract Map to establish sixty airspace units on one common lot and amend the Master Plan of Development CUP 2002-0072 to allow for Condominium Use and varied square footages among the individual units; and, WHEREAS, the proposed project has a General Plan Designation of CREC (Commercial Recreation) and is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and, WHEREAS, the site is located in the LS/PD (Special Recreation w/PD Overlay) Zoning District, which allows for the proposed use and density when certain findings are made; and, WHEREAS, the proposed project is consistent with Mitigated Negative Declaration 2003-0054 and all mitigation measures have been included in the project's conditions of approval; and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Tentative Tract Map and Amendment to CUP 2002-0072 applications on November 3, 2004 at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public. NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for approval of condominium map. The Planning Commission finds as follows: 1. The proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements. 3. The site is physically suitable for the density of development proposed. 4. The design and improvement of the proposed map will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 5. The map is consistent with the character of the immediate neighborhood. 6. The design of the condominium map will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. The proposed condominium map design and type of improvements proposed will not cause serious public health problems. SECTION 2. Findings for approval of Amendment to CUP 2002-0072. The Planning Commission finds as follows: 1. As conditioned, the proposed project is consistent with the General Plan; and, 2. As conditioned, the proposed project satisfies all applicable provisions of the Zoning Ordinance; and, 3. As conditioned, the establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to the property or improvements in the vicinity of the use; and, 4. As conditioned, the proposed project will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and, 5. As conditioned, the proposed project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from the full development in accordance with the Land Use Element. SECTION 3. Approval. The Planning Commission does hereby find: 1. That the project is consistent with Mitigated Negative Declaration 2003-0054; and; 2. Approves Tentative Tract Map 2004-0056 to establish sixty airspace units on one common lot; and, 3. Approves Amendment to CUP 2002-0072, allowing for condominium use and a variation of square footages for the proposed units. Subject to the following Conditions and Exhibits: EXHIBIT A: Mitigated Negative Declaration EXHIBIT B: Conditions of Approval EXHIBIT C: Tentative Tract Map 2004-0056 EXHIBIT D: Exterior Elevations On motion by Commissioner and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ADOPTED: ABSTAINED: CITY OF ATASCADERO, CA Bob Kelley Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary EXHIBIT A: Mitigated Negative Declaration 2003-0054 EXHIBIT B: Conditions of Approval / Mitigation Monitoring TTM 2004-0056 AND AMENDMENT TO CUP 2002-0072 Conditions of Approval Timing Responsibility TTM 2004-0056 AND AMENDMENT TO CUP 2002-0072 /Monitoring PS:Planning Services Address: N. Ferrocaril Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney Standard Planning Conditions 1. The approval of this application shall become final, subject to the completion of FM PS the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Tract Map shall be valid for two years after its effective FM PS date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. Approval of this Master Plan of Development shall be valid concurrently with the FM PS life of Tentative Tract Map 2004-0056 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. 4. The Community Development Department shall have the authority to approve FM PS minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Tract Map or the Conditional Use Permit. 5. A final map drawn in substantial conformance with the approved tentative map, FM PS 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. 6. The subdivider shall defend, indemnify, and hold harmless the City of Ongoing CA Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision or the conditional use permit. 7. The final map shall be subject to additional fees for park or recreation purposes FM PS (QUIMBY Act) as required by City Ordinance. Project Planning Conditions 8. Prior to final map, the applicant shall submit CC&R's for review and approval by FM PS/PW the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a. Exclusive use easements for any private yard areas. b. Provisions for maintenance of all common areas including access, parking, Conditions of Approval Timing Responsibility TTM 2004-0056 AND AMENDMENT TO CUP 2002-0072 /Monitoring PS: Planning Services Address: N. Ferrocaril Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer T0: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney street trees, fencing and landscaping. c. A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. d. A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. e. Notice within the CC&Rs that the project is a "Senior Residence" complex. These CC&Rs shall be subject to review and approval of the City Engineer, City Community Development Director and the City Attorney. 9. This map shall be for the approval of airspace units only. The final map shall FM PS show one common lot and sixty airspace units. 10. Should the units be constructed and rented prior to the recordation of the final FM PS map, all requirements set forth in Government Code Section 66427.1 shall be met. 11. All construction and development shall be consistent with the plans approved by FM PS/BS the Community Development Department. 12. This project shall comply with all conditions of approval for ZCH 2003-0069, FO PS CUP 2002-0072, TTM 2002-0020, as approved by the City Council on December 9, 2003. Where a conflict arises between the condition of approvals, these conditions shall rule. 13. All exterior elevations of proposed units shall be of equivalent architectural FO PS/BS character and quality with the Master Plan of Development as shown in Exhibit D. 14. A landscape and irrigation plan for all common areas, street trees and the GP/BP PS/BS individual units shall be provided as part of the subdivision tract improvement plans. Installation of landscaping the individual senior cottages may be deferred until building permits. Common area landscaping shall be installed prior to final inspection of common improvements. 15. All drainage basins shall be landscaped. A landscape plan shall be submitted to FO PS the Community Development Department for review and approval, prior to recordation of the final map and prior to installation of any landscaping. 16. Street trees shall be provided on all streets with 50 -foot on -center spacing. FO PS/CE 17. Vehicular barriers that permit pedestrian and equestrian access shall be FO PS provided at all access points to the Salinas River. Conditions of Approval Timing Responsibility TTM 2004-0056 AND AMENDMENT TO CUP 2002-0072 /Monitoring PS: Planning Services Address: N. Ferrocaril Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer T0: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney 18. A deed restriction shall be recorded against the project limiting occupancy of FM PS/CE dwelling units to persons defined as seniors (55 years of age). 19. Prior to recordation of final map, a 30 -year affordable housing deed restriction FM shall be recorded against 12 of the units (2 very low; 5 low; 5 moderate) consistent with Condition 21 of Resolution B, approved by the City Council on December 9, 2003. The deed restrictions shall apply to specific units and shall record concurrently with the final map. 20. Prior to recordation of final map, the applicant shall enter into a legal agreement FM PS with the City to reserve 1/2 of the residential units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: a. 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; b. 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; c. The Atascadero resident or worker restriction shall apply to the initial sale only; d. The applicant shall identify which units will be reserved; and e. The City Attorney shall approve the final form of the agreement. 21. The emergency services and road maintenance costs of the project shall be FM PS/CE 100% funded by the project in perpetuity. The service and maintenance cost may be funded through a benefit assessment district or other mechanism established by the developer subject to City approval. The funding mechanism must be in place prior to or concurrently with acceptance of 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 and the coordination and performance of maintenance activities 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. All streets, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. d. All parks, trails, recreational facilities and like facilities. e. All open space and native tree preservation areas. f. All drainage facilities and detention basins. Conditions of Approval Timing Responsibility TTM 2004-0056 AND AMENDMENT TO CUP 2002-0072 /Monitoring PS: Planning Services Address: N. Ferrocaril Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer T0: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney g. All common landscaping areas, street trees, medians, parkway planters, manufacture slopes outside private yards, and other similar facilities. Mitigation Measures 3.c.3. The following measures shall be noted on the grading plans and Ongoing PS implemented during construction: through Construction a. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage, preferably in the late morning and after work is finished for the day. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed water should be used whenever possible. b. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e. greater than 20 mph averaged over one hour) so as to prevent excessive amounts of dust. c. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. d. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. e. Permanent dust control measured identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. f. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast - germinating native grass seed and watered until vegetation becomes established. g. All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD. h. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible. In addition, structural foundations shall be completed as soon as possible following building pad construction. i. On-site vehicle speed shall be limited to 15 mph for any unpaved surface. j. All unpaved areas with vehicle traffic shall be watered at least twice per day, using non -potable water. k. Streets adjacent to the project site shall be swept daily to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust from leaving the site. Conditions of Approval Timing Responsibility TTM 2004-0056 AND AMENDMENT TO CUP 2002-0072 /Monitoring PS: Planning Services Address: N. Ferrocaril Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer T0: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney I. Wheel washers may be required when significant offsite import or export of fill is involved. m. All dirt stock -pile areas should be sprayed daily as needed. 4.a.1. The developed areas of the project will provide a 50 -foot setback from Ongoing PS riparian canopy and 100 -foot setback due to presence of red -legged frog along Paso Robles Creek and Graves Creek. 4.a.4. BR/mm-1: Prior to issuance of construction permits, the applicant shall retain Ongoing PS a qualified biological monitor to supervise all construction activities located through within or directly adjacent to sensitive communities including riparian forest, Construction and known and potential wetland areas. The biological monitor shall conduct a brief training session prior to commencement of construction to advise construction personnel on the biological sensitivity of various habitats and discuss various measures for minimizing potential construction -related impacts. The biological monitor shall visit construction zones located within or near sensitive areas at a frequency and duration determined appropriate by the City of Atascadero and based on construction timing and sensitivity of resources at issue. During the periodic site visits, the biological monitor will ensure that identified construction zones and access routes remain clearly marked and restricted areas are avoided. Weekly reports will be prepared by the monitor which document construction activities and associated effects on sensitive biological resources. 4.a.5. BR/mm-2: Avoid indirect disturbance of riparian vegetation, including Ongoing PS scattered willows, cottonwoods, and valley and coast live oaks, through through implementation of the following measures: Construction a. Immediately prior to construction, retain the biological monitor, or qualified botanist, to clearly mark the dripline area of each tree located outside of, but adjacent to proposed development areas. The dripline area of each tree should be marked with highly visible flagging or construction fencing. b. During construction, avoid all soil disturbance, compaction, and grading activities within, and adjacent to, the associated dripline of each tree. The biological monitor should be retained throughout construction activities to ensure that the identified dripline of each tree remains undisturbed, and to supervise all construction activities adjacent to woodland areas. c. Following project implementation, avoid the use of artificial irrigation in areas located adjacent to or within the associated driplines of all remaining oak trees. Revegetate disturbed areas located near remaining oaks, with appropriate native vegetation to minimize the need for artificial irrigation. 4.a.8. BR/mm-5: To avoid or minimize indirect impacts to areas qualifying as Ongoing PS Waters of the U.S. located down-slope from proposed development areas, through including areas associated with the Salinas River and Graves Creek Conditions of Approval Timing Responsibility TTM 2004-0056 AND AMENDMENT TO CUP 2002-0072 /Monitoring PS: Planning Services Address: N. Ferrocaril Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer T0: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney implement the following measures: Construction a. Clearly mark the boundaries of all construction areas using highly visible flagging and construction fencing. Limit all private and construction vehicle traffic to areas located within designated access route and construction areas. b. Implement appropriate erosion control measures during construction and limit construction activities to dry weather to avoid increased surface water runoff and erosion on site, and sedimentation in nearby drainages. Install appropriate erosion control devices (i.e., hay bales, silt fences) around the perimeter of each construction zone and areas experiencing disturbance of the ground surface. Erosion control devices should be checked on a daily basis by construction personnel, and periodically by the biological monitor, to ensure proper function. C. Avoid stockpiling any soil in areas located adjacent to drainages, or in areas that have potential to experience significant runoff during the rainy season. d. Following completion of construction -related activities, immediately revegetate all disturbed and barren areas with appropriate native vegetation to reduce the risk of erosion from the site and sedimentation in adjacent ephemeral drainages. Areas experiencing only temporary disturbance should be replanted with only native species that are characteristic of various habitats of the project area. 4.a.9. BR/mm-6: To reduce the potential for inadvertent release of fuel from Ongoing PS construction areas to aquatic habitats, avoid all cleaning and refueling of through equipment and vehicles within the vicinities of existing drainages and Construction associated seasonal wetland habitat. Stage and re -fuel vehicles only in appropriately marked construction staging areas. 4.a.10. BR/mm-7: Retain a qualified biologist throughout the duration of construction Ongoing PS activities to monitor for California red -legged frog (CRLF), as well as southwestern pond turtle, California horned lizard, western toad, and other sensitive species that have potential to occur in construction zones. The monitor should be pre -approved by the USFWS and CDFG to move CRLF from affected areas to appropriate habitats on-site, but away from construction zones. At a minimum, the CRLF monitor should remain on site throughout the duration of all construction activities that take place within 300 feet of the Graves Creek riparian corridor, due to the presence of a known population of the species. 4.a.12. BR/mm-10: Any public or private access trails retained or created as part of Ongoing PS the proposed project should be limited to pedestrian and equestrian traffic only. Restrict the use of all off-road vehicles and construct appropriate barriers at existing river access points. Post signs at regular intervals along public access points to the river that discuss the sensitivity of the adjacent Salinas River corridor and identify allowable and restricted uses. Signs should primarily be posted along the outer edge of the designated setback for the Salinas River. Conditions of Approval Timing Responsibility TTM 2004-0056 AND AMENDMENT TO CUP 2002-0072 /Monitoring PS: Planning Services Address: N. Ferrocaril Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer T0: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney 5.b.2. A Phase 3 mitigation plan shall be developed for all work proposed in CA- Ongoing PS SLO-492, 493, 1076, and 1077. through Construction 5.b.3. A deed disclosure shall be included on included on any future lots that cross FM PS sites CA-SL0-492, 493, 1076, and 1077 notify owner of the possibility of underlying archaeological deposits. 5.b.4. If human remains are discovered during construction all work shall cease Ongoing PS immediately and the Atascadero Community Development Department and through County Coroner shall be notified by the contractor. No further work shall Construction occur in the area until authorized by the Atascadero Community Development Department. 6.b.1. A Stormwater Pollution Prevention Plan shall be prepared and approved by Ongoing PS the Water Quality Control District prior to the issuance of construction through permits. Construction 6.b.2. Erosion/sedimentation and revegetation plans that demonstrates how BP/GP PS/CE sensitive riparian areas will be protected from siltation during and after construction shall be included in the construction plans and approved by the City Engineer. 6.b.3. As part of the construction plans, the applicant shall submit a drainage plan BP/GP PS which includes the proper design and placement of sediment/greasetraps to prevent the discharge of pollutants. As a condition on the drainage plan, the applicant shall maintain the catch basin/greasetraps on a regular basis to remove pollutants, reduce high pollutant concentrations during the first flush of storms, prevent clogging of the downstream conveyance system, and maintain the catch basins sediment trapping capacity. 7.g.1. Prior to approving construction plans, the PUC application for a bridge BP/GP PS crossing of the UPRR railroad tracks shall be approved by the PUC. 7.g.2. A second access road and/or an alternative emergency shall be BP/GP PS constructed. 7.g.3. Prior to final map, the Fire Department shall approve a mitigation plan to FM PS provide adequate access to the senior cottages. 8.c.1. All residential portions of the site shall be outside of the Flood Hazard Zone. BP/GP PS 8.c.2. As part of the grading plan, the City Engineer shall determine whether the BP/GP PS FEMA Flood Hazard Zone is being changed by the project. If so, the applicant shall obtain all necessary approvals from FEMA to change maps prior to approval of construction plans. 8.c.3. All grading and drainage facilities shall be designed consistent with the City's BP/GP PS NPDES standards. 8.c.4. A storm water pollution prevention plan shall be approved prior to BP/GP PS Conditions of Approval Timing Responsibility TTM 2004-0056 AND AMENDMENT TO CUP 2002-0072 /Monitoring PS: Planning Services Address: N. Ferrocaril Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer T0: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney construction. 11.a.1. The project shall provide a 100-foot noise setback buffer with dense BP/GP PS landscaping plantings and evergreen trees along the UPRR frontage. 11.a.2. Disclose to potential buyers that 24-hour average noise levels may exceed FM PS the recommended limits established by the City of Atascadero. 11.a.3. Advise buyers that noise levels during train passbys will be very loud, FM PS potentially annoying and perhaps startling 11.a.4. Advise buyers that noise levels due to operation of trucks, forklifts and FM PS loading operations at the Home Depot commercial center will frequently be loud and potentially annoying. 11.a.5. Locate outdoor living spaces out of direct line-of-site of railroad and Home FM PS Depot commercial center. Fire Department Conditions 1. All fire hydrants and access roads to be installed prior to combustible BP/GP FD construction to take place. 2. Relocate fire hydrants w/ consultation w/ fire dept. re: possible reduction on FM/PI FD number of hydrants required. 3. Automatic Fire Sprinklers required for senior housing portion of project. BP FD 4. Provide for secondary emergency access according to the following: FM/PI FD a. Provide plans that show and describe the installation/construction for evacuation of residents. The plan shall depict safe routing across the Union Pacific Railroad to the west side. Location of access point shall be midway into senior residential portion of project. b. Show on plan a dedicated easement for possible future secondary multi use access to be used by vehicles, pedestrian, bike and equestrian traffic that facilitates use of the SLOCOG access plan. This dedicated easement plan shall show routing to the North, Northeast direction from the senior housing portion of the project. Residents within proposed project shall have full deed disclosure of said easement. City Engineer Drainage Conditions 1. This project drains into the Salinas River, Graves Creek and Paso Robles BP/GP CE Creek. The project storm water will drain in a controlled non-erosive manner into these waterways. 2. All requirements of Section 5 "Storm Drainage" of the Engineering Department FM/PI CE Conditions of Approval Timing Responsibility TTM 2004-0056 AND AMENDMENT TO CUP 2002-0072 /Monitoring PS: Planning Services Address: N. Ferrocaril Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer T0: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney standard specifications and drawings will be met. 3. Obtain approval by the City Engineer of the grading & drainage plans and the FM/PI CE storm drain design & facilities. These plans shall show the method of dispersal at all pipe outlets and method of conduct to approved off-site drainage facilities. 4. Submit calculations to support the design of any structures or pipes. Closed FM/PI CE 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. 5. Concentrated drainage from off-site and onto offsite areas shall be conveyed FM/PI CE 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. 6. All drainage released off the project site and into the Salinas River shall comply FM/PI CE with the Regional Water Quality Board Standard and the National Pollution Elimination System, Phase II requirement. The Regional Water Quality Board shall approve a Storm Water Pollution Prevention Plan. 7. This project is surrounded by a 100 -year flood plain. This projects construction FM/PI CE document shall detail the 100 -flood plain elevation on the plans. Grading on this project shall not increase the 100 -year flood elevation. The project Engineer shall certify the grading was complete according to the approved plans and all structures are out of the 100 -year flood plain. City Engineer Circulation Conditions 8. Road "B". The proposed road from Tract 2454, to the south, to Graves Creek FM PW shall be Rural Local Standard 401 Type "B" (13 -foot wide lanes). An 8 -foot multi purpose trail shall be constructed on one side of the road. 9. Bridges. Two bridges are included in this project. One across UPRR and one FM PW crossing Graves Creek. These bridges will include facilities for two-way vehicle traffic, bicycle and pedestrian travel. A structural engineer will design the bridges, foundations, footings and support structures. The structural engineer will be responsible for the entire design. The construction documents will be submitted in a complete document, detailing all the elements. 10. Senior Housing Complex Roads. These roads shall meet Public Works and FM PW Fire Department standards. 11. All public improvements shall be designed by a registered Civil Engineer and FM PW constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. City Engineer Improvement Maintenance 12. The following items are the responsibility of this development to maintain. They FM PW may be maintained through a homeowners association, assessment district, benefit assessment district, landscaping and lighting district, City acceptance or Conditions of Approval Timing Responsibility TTM 2004-0056 AND AMENDMENT TO CUP 2002-0072 /Monitoring PS: Planning Services Address: N. Ferrocaril Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer T0: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney other mechanism to fund and perform short and long term maintenance. This mechanism must be in place prior to the recordation of the final map. a. Road Improvements including road surface, curb, gutter and trails. b. Bridges across Graves Creek and Union Pacific Railroad. c. The applicant shall provide for annual reports on the bridge condition by a qualified Civil Engineer, Structural engineer or other qualified Professional approved by the City Engineer. The report shall detail the structural integrity of the bridge and the required maintenance for the bridge. The repair and maintenance work on the bridge shall be inspected and approved. The report and repair work will the responsibility of the property owner of this subdivision. d. Drainage facilities. e. Open Space. f. Park. City Engineer Grading and Drainage 13. Grading and Drainage Plans shall be submitted with the Tract Improvement FM PW Plans. These plans will conform to all State and Local standard. 14. All drainage released off the project site and into the Salinas River shall comply FM PW with the Regional Water Quality Board Standard and the National Pollution Elimination System, Phase II requirement. The Regional Water Quality Board shall approve a Storm Water Pollution Prevention Plan. City Engineer Wastewater 15. Any sewage lift stations that are needed for this project shall meet the following FM PW criteria: a. Sewer lift stations, force mains, gravity mains, laterals and other sewer facilities shall be privately owned and maintained. b. Catalogue cuts of equipment that will be installed the lift station shall be submitted and approved by the Director of Public Works. c. Lift stations shall be installed with alarm dialers programmed to notify qualified maintenance personnel when malfunctions occur. d. Developer shall submit a lift station emergency contingency plan that addressed protection of public health and the environment from sewage spills and prolonged power outages. e. Lift Station shall be equipped with duplex pumps. f. Sewer connection permit shall be issued separately (from building permit) after public sewer extension has been completed and has received a satisfactory final Public Works inspection. Final project inspection shall be contingent upon completion of the public sewer extension and Public Works final inspection. Applicant shall pay Sewer, Extension (Annexation), Connection and Reimbursement fees (if applicable) upon issuance of building permit. All sewer main taps will be done by the City of Atascadero and the developers shall pay a sewer tap fee. City Engineer Standard Conditions Conditions of Approval Timing Responsibility TTM 2004-0056 AND AMENDMENT TO CUP 2002-0072 /Monitoring PS: Planning Services Address: N. Ferrocaril Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer T0: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney 16. All public improvements shall be constructed in conformance with the City of FM PW Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 17. An engineer's estimate of probable cost shall be submitted for review and FM PW approval by the City Engineer to determine the amount of the bond. 18. The Subdivision Improvement Agreement shall record concurrently with the FM PW Final Map. 19. An encroachment permit shall be obtained prior to the issuance of building FM PW permit. 20. The applicant shall enter into a Plan Check/Inspection agreement with the City. FM PW 21. A six (6) foot Public Utility Easement (PUE) shall be provided where needed. FM PW 22. The applicant shall be responsible for the relocation and/or alteration of existing FM PW utilities. 23. The applicant shall install all new utilities (water, gas, electric, cable TV and FM PW telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 24. The applicant shall monument all property corners for construction control and FM PW shall promptly replace them if disturbed. 25. The applicant shall acquire title interest in any off-site land that may be required FM PW to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 26. Slope easements shall be provided as needed to accommodate cut of fill slopes. FM PW 27. Drainage easements shall be provided as needed to accommodate both public FM PW and private drainage facilities. 28. A preliminary subdivision guarantee shall be submitted for review in conjunction FM PW with the processing of the map. 29. Prior to recording the final map, the applicant shall submit a map drawn in FM PW substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance shall submit the map for review and approval. 30. Prior to recording the final map, the applicant shall set monuments at all new FM PW 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 Conditions of Approval Timing Responsibility TTM 2004-0056 AND AMENDMENT TO CUP 2002-0072 /Monitoring PS: Planning Services Address: N. Ferrocaril Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer T0: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney retraced. 31. Prior to recording the final map, the applicant shall pay all outstanding plan FM PW check/inspection fees. 32. Prior to recording the map, the applicant shall complete all improvements FM PW required by these conditions of approval. 33. Prior to recording the map, the applicant shall have the map reviewed by all FM PW 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. 34. Upon recording the final map, the applicant shall provide the City with a black FM PW line clear Mylar (0.4 mil) copy and a blue line print of the recorded map and a digital copy of the map. 35. Prior to the final inspection of any public improvements, the applicant shall FM PW submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 36. Prior to the final inspection, the applicant shall submit a written certification from FM PW a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. Atascadero Mutual Water Company Project Conditions 1. Before recordation of the final map, the applicant shall submit plans to AMWC FM 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. 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. All new water distribution facilities shall be constructed in conformance with Atascadero Mutual Water Company standards, policies, approved procedures and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross -connection devices shall conform to AWWA and California Department of Health Services standards. FM AMWC 2.. Prior to the issuance of building permits, the applicant shall obtain a "Will Serve" letter from the Atascadero Mutual Water Company for the newly created lots. 3. Before the start of construction on the water system improvements, the FM AMWC 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. Conditions of Approval Timing Responsibility TTM 2004-0056 AND AMENDMENT TO CUP 2002-0072 /Monitoring PS: Planning Services Address: N. Ferrocaril Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer T0: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney 4. Before the issuance of building permits, the applicant shall provide AMWC FM AMWC with easements for those water facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 5. All condominium units require separate water meters to serve each individual FM AMWC unit. 6. The applicant shall obtain a separate landscape -irrigation meter from AMWC FM AMWC for the common areas within the project. Landscaping for common areas shall be drought -tolerant. The landscaping for common areas shall conform to the mitigation measures noted in Table II -7, Hydrology and Water Quality, of the General Plan 2025. The applicant shall keep the use of turf grass in common area landscaping and in other areas to a minimum. 7. Before construction of the water system improvements, AMWC shall review FM AMWC and approve the irrigation plans for the common areas within the project. 8. Landscaping for the common areas shall be drought -tolerant. Before FM AMWC construction of the water system improvements, AMWC shall review and approve the landscape plans for the common areas within the project. 9. The applicant is responsible for designing and constructing water system FM AMWC improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. EXHIBIT C: Tentative Tract Map TTM 20040056 AND AMENDMENT TO CUP 2002-0072 I I 1 l s N 8 J' J' c ii v o g9 0 €� l �q° L� «� + If I i� it r� Fg��jFS 'A; D iSQ Y RligYD zrq D GZ a gtl$fC Sa tr e; dd3 &c 665E °i j 2N a iy rn Z EXHIBIT D: Elevations TTM 2004-0056 AND AMENDMENT TO CUP 2002-0072 ww•. WIA+W M C.h tiswV M.�Mn G\YJ � M1M9f]0 LC0%j OCT 1 41111 ILo'1'JN;'Y D%VFLOPM°Nif ITEM NUMBER: 8 DATE: 11-3-04 Planning Commission Staff Report Public Hearing Tentative Parcel Map 2004-0063 (AT 04-0374) 5740 Rosario Avenue (Malcom) SUBJECT: Tentative Parcel Map application to convert three (3) existing apartments to condominium air space units over an existing lot of record. The project includes a request for an exception to the fencing standards in the front yard setback area to allow for fencing up to five (5) feet in height. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2004-0119 approving Tentative Parcel Map 2004-0063, a request to establish three (3) airspace units on one common lot and denying the exception to the fencing standards in the front yard setback area, based on findings and subject to conditions. SITUATION AND FACTS: 1. Applicant/Owners: Carl D. Malcom, 5740 Rosario, Apt. 2, Atascadero, CA 93422 2. Project Address: 5740 Rosario Avenue, Atascadero, CA 93422 APN: 029-321-014 3. General Plan Designation: Low Density Residential 4. Zoning District: Residential Multi -family - 10 (Maximum 10 du/ac) 5. Site Area: .3 acre (approximately 13,075 square feet) 6. Existing Use: Three residences, currently occupied 7. Environmental Status: Class 3(b) Categorical Exemption \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0063 5740 Rosario\TPM 2004-0063.PC Staff Report.KM.doc ITEM NUMBER: 8 DATE: 11-3-04 DISCUSSION: Background The property is located on the north side of Rosario Avenue within the RMF -10 Zoning District. There are apartments to the west of the parcel and a mix of single-family residences and apartments to the north, south and east. The parcel is relatively flat and is currently developed with the three residences. City sewer serves the property and Atascadero Mutual Water Company provides water service. Condominium Desian: The proposed map will convert three existing, free standing apartments to three (3) airspace units on one legal lot of record. The Property Condition Report indicates the units are identical in size and layout and include a two car garage, laundry room, 3 bedrooms and 1 3/4 bathrooms. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0063 5740 Rosario\TPM 2004-0063.PC Staff Report.KM.doc ITEM NUMBER: 8 DATE: 11-3-04 Low-density multi -family residential projects are limited to 40% lot coverage by structures. This lot is approximately 12,715 square feet (net) in area, and the structures will cover approximately 2,130 square feet or 17% of the lot. The development provides the 8 required parking spaces with individual garages and two guest parking spaces located between units 2 and 3, which is screened from view of the street by Unit 2. Private open space for the units is located in the front yard area for Units 1 and 2 and in the rear yard area for Unit 3. In addition, each unit has an upper balcony of approximately 80 square feet. These private open space areas meet the requirements of the Zoning Ordinance. The upper story balconies for Units 1 and 2 extend into the side setback area. Condition 16 requires that the balconies be brought into conformance with the Zoning Ordinance and the Uniform Building Code, which requires the balconies to maintain a 2 - foot setback from the side property lines. Each unit will be responsible for its associated landscaping and solid waste containers as outlined in the Conditions, Covenants and Restrictions for the project (see Condition 7a -g). \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0063 5740 Rosario\TPM 2004-0063.PC Staff Report.KM.doc ITEM NUMBER: 8 DATE: 11-3-04 There are two accessory structures within the front setback of Unit 2. These structures have been conditioned (Condition 14) to be removed/relocated. All front setback areas are to be unobstructed by buildings or structures. Fencing Exception Request: The applicant is requesting an exception to the 3 -foot height limit for fencing in the front setback area for a portion of the property. Currently, there are fences within this area that exceed 3 feet in height. The Zoning Ordinance allows for a maximum height of 5 - feet when specific findings can be made. The applicant is requesting to keep the fencing that screens Unit 2 from Rosario Avenue. Chain Link Fencing, 4-5' tall The Planning Commission may grant an exception to the fencing standards when the following findings can be made: 1. Pillars, posts, or other supporting portions of the fence will not exceed a height of six (6) feet. 2. Sight -obscuring portions of the fence exceeding six (6) inches in width will not exceed two (2) feet in width and will be separated from each other by at least sixteen (16) feet. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0063 5740 Rosario\TPM 2004-0063.PC Staff Report.KM.doc ITEM NUMBER: 8 DATE: 11-3-04 3. At least eighty percent (80%) visibility will be retained through portions of the fence that exceed three (3) feet in height. 4. The fence is architecturally compatible with existing structures on the property and consistent in character and appearance with other fences and structures in the neighborhood. 5. The fence will not impair safe sight distance for vehicular traffic nor result in any other potential adverse impact on human health and safety. Portions of the existing fence exceed the six (6) inches in width over more than two (2) linear feet and are not separated from each other by at least sixteen (16) feet. The solid wood does not provide 80% visibility and the chain link does not appear to be architecturally compatible with the variety of fencing on the surrounding properties, as shown in the photos above. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0063 5740 Rosario\TPM 2004-0063.PC Staff Report.KM.doc ITEM NUMBER: 8 DATE: 11-3-04 Condominium Conversion Requirements: The City's Municipal Code requires that the structures, driveways, landscaped areas, common areas, and facilities be refurbished and restored to a safe and usable condition. All deficiencies are to be corrected prior to recordation of the Final Map (Title 11, Subdivisons; Chapter 12). Based on the Property Condition Report and the Pest Inspection Report, the project has been conditioned to restore/refurbish all three units to a safe and usable state, prior to recordation of the final map and/or the condominium plan. See conditions 18 through 20. It does not appear that Findings 2, 3, and 4 can be made for the current fencing. Public Improvements: The project has been conditioned to construct curb, gutter and sidewalk along the Rosario Avenue frontage (Condition 40) consistent with multi -family development requirements. Environmental Review: As proposed, the project qualifies for a Class 3(b) Categorical exemption, which exempts from CEQA review the conversion and/or construction of multi -family projects of less than 4 units, which do not otherwise create a negative impact. Consistency: The proposed condominium conversion project, as conditioned, is consistent with the General Plan Low Density Residential Land Use Designation, the Residential Multi- family Zoning regulations and the applicable provisions of the Subdivision Map Act for conversion projects. CONCLUSION: The proposed condominium map, as conditioned, is consistent with the 2002 General Plan and Zoning Ordinance and the airspace configurations are consistent with the requirements of the Subdivision Ordinance. Staff recommends the Planning Commission approve the Tentative Parcel Map as conditioned. ALTERNATIVES: \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0063 5740 Rosario\TPM 2004-0063.PC Staff Report.KM.doc ITEM NUMBER: 8 DATE: 11-3-04 1. The Commission may approve the project subject to additional or revised project conditions. The Commission's motion to approve must include any new or revised project conditions. 2. The Commission may deny the project if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. PREPARED BY: Kerry Margason, Associate Planner ATTACHMENTS: Attachment 1 -- Location Map (General Plan & Zoning) Attachment 2 -- Draft Resolution PC 2004-0119 Exhibit A — CEQA Exemption Exhibit B — Conditions of Approval Exhibit C - Tentative Parcel Map AT 04-0374 \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0063 5740 Rosario\TPM 2004-0063.PC Staff Report.KM.doc ITEM NUMBER DATE: 11-3-04 ATTACHMENT 1: Location Map (General Plan / Zoning) TPM 2004-0063 5740 Rosario Avenue Zone: Residential Multi -family - 10 du/ac (RMF -10) Land Use Designation: Low Density Residential (LDR) \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0063 5740 Rosario\TPM 2004-0063.PC Staff Report.KM.doc ITEM NUMBER DATE: 11-3-04 ATTACHMENT 2: Draft Resolution PC 2004-0119 TPM 2004-0063 (AT 04-0374) 5740 Rosario Avenue DRAFT RESOLUTION NO. PC 2004-0119 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING TENTATIVE PARCEL MAP 2004-0063, ESTABLISHING THREE AIRSPACE UNITS ON ONE COMMON LOT AT 5740 ROSARIO AVENUE (MALCOM) WHEREAS, an application was received from Carl D. Malcom, 5740 Rosario, Apt. 2, Atascadero, CA 93422 (Owner/Applicant), to consider a Tentative Parcel Map for conversion of three existing dwellings to airspace condominiums on one common lot); and, WHEREAS, a Categorical Exemption (Class 3(b)) was prepared for the project in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the site's General Plan Designation is Low Density residential (LDR); and, WHEREAS, the site's zoning district is RMF -10 (Residential Multi -family — 10 du/ac); and, WHEREAS, a timely and properly noticed Public Hearing upon the subject tentative parcel map application was held by the Planning Commission of the City of Atascadero, at which both oral and documentary evidence was admitted on behalf of said projects; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for approval of condominium conversion map. The Planning Commission finds as follows: 1. The proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements. 3. The site is physically suitable for the density of development proposed. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0063 5740 Rosario\TPM 2004-0063.PC Staff Report.KM.doc ITEM NUMBER: 8 DATE: 11-3-04 4. The design and improvement of the proposed map will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 5. The map is consistent with the character of the immediate neighborhood. 6. The design of the condominium map will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. The proposed condominium map design and type of improvements proposed will not cause serious public health problems. 8. The proposed conversion will not displace a significant number of low-income or moderate -income households or senior citizens at a time when no equivalent housing is readily available in the City. 9. The current tenants have been notified in writing, by certified mail, of the applicant's intent to convert the existing residence to a condominium, in accordance with Section 66452 of the California Subdivision Map Act. 10. Each tenant and each person applying for the rental of the units shall receive all applicable notices and rights now or hereafter required by Section 66427. 11. Each tenant will be notified within 10 days of approval of the final parcel map for the proposed conversion. 12. The applicant will give 180 days' written notification to each tenant of owner's intention to convert prior to termination of tenancy due to the proposed conversion. 13. Each of the tenants will be given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. This right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right. SECTION 2. Approval, The Planning Commission of the City of Atascadero, in a regular session assembled on November 3, 2004 resolved to approve Tentative Parcel Map 2004- 0063 (AT 04-0374) subject to the following: EXHIBIT A: CEQA Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Tentative Parcel Map 2004-0063 (AT 04-0374) \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0063 5740 Rosario\TPM 2004-0063.PC Staff Report.KM.doc ITEM NUMBER: 8 DATE: 11-3-04 On motion by Commissioner and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ADOPTED: ABSTAINED: CITY OF ATASCADERO, CA Bob Kelley Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0063 5740 Rosario\TPM 2004-0063.PC Staff Report.KM.doc ITEM NUMBER DATE: 11-3-04 EXHIBIT A: Proposed Categorical Exemption TPM 2004-0063 Finding of Exemption TO: ® File Date Received for Filing FROM: City of Atascadero 6905 El Camino Real Suite 6 Atascadero, CA 93422 SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code Project Title: Tentative Parcel Map 2004-0063 (AT 04-0374): Carl D. Malcom Project Location (Include County): 5740 Rosario Avenue, Atascadero, California 93422 (San Luis Obispo County) Project Description: A Tentative Parcel Map application for conversion of three existing rental units to condominium airspace units on one common lot in the Low Density Multi -family zoning district. The application also includes a request for an exception to the fencing standards that would allow fencing up to five (5) feet in height in the front yard setback area. The parcel is level to slightly sloped. Native trees are not proposed for removal. City sewer serves the property and water is provided by the Atascadero Mutual Water Company. Name of Public Agency Approving Project: City of Atascadero Name of Person or Agency Carrying Out Project: Carl D. Malcom, 5740 Rosario, Apt. 2, Atascadero, California 93422 (805) 461-3205 Exempt Status: ❑ Ministerial (Sec. 21080 (b)(1); 15268) ❑ Declared Emergency (Sec. 21080(b)(3); 15269(a)) ❑ Emergency Project (Sec.21080 (b)(4); 15269(b)(c)) ❑ Categorical Exemption (Sec. 15303, construction or conversion of small structures) Reasons why project is exempt: Class 3(b) of the California Environmental Quality Act (CEQA) (Section 15303) exempts the conversion and/or construction of small structures including multi -family projects of less than 4 units and which do not otherwise create a negative impact. Date: November 4, 2004 Kerry Margason Associate Planner CONTACT PERSON: WARREN FRACE, COMMUNITY DEVELOPMENT DIRECTOR, CITY OF ATASCADERO 805.461.5000 \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0063 5740 Rosario\TPM 2004-0063.PC Staff Report.KM.doc ITEM NUMBER DATE: 11-3-04 EXHIBIT B: Conditions of Approval / Mitigation Monitoring TPM 2004-0063 Conditions of Approval Timing Responsibility /Monitoring TPM 2004-0063 PS: Planning Services BS: Building Services Address: 5740 Rosario Avenue BL: Business License GP: Grading Permit FD: Fire Department PD: Police Department BP: Building Permit FI: Final Inspection CE: City Engineer WW: Wastewater TO: Temporary Occupancy CA: City Attorney F0: Final Occupancy Standard Planning Conditions 1. The approval of this application shall become final, subject to the FM PS completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9- 1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Parcel Map shall be valid for two years FM PS after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the authority FM PS to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Parcel Map. 4. A parcel map drawn in substantial conformance with the approved FM PS tentative parcel map and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 5. The subdivider shall defend, indemnify, and hold harmless the City Ongoing CA of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 6. The parcel map shall be subject to additional fees for park or FM PS recreation purposes (QUIMBY Act) as required by City Ordinance. Project Planning Conditions 7. Prior to final map, the applicant shall submit CC&Rs for review and FM PS/Pw approval by the Community Development Department. The CC&R's shall record with the Final Parcel Map and shall include the following: a. Exclusive use easements for private yard areas. b. Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping. C. Provisions for financing maintenance and upkeep of all \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0063 5740 Rosario\TPM 2004-0063.PC Staff Report.KM.doc ITEM NUMBER DATE: 11-3-04 Conditions of Approval Timing Responsibility /Monitoring TPM 2004-0063 PS: Planning Services BS: Building Services Address: 5740 Rosario Avenue BL: Business License GP: Grading Permit FD: Fire Department PD: Police Department BP: Building Perrnit FI: Final Inspection CE: City Engineer WW: Wastewater TO: Temporary Occupancy CA: City Attorney F0: Final Occupancy common areas. d. A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. e. Individual unit's responsibility for keeping all trash receptacles within the unit's garage or other private storage area, outside the view of the public street. f. Individual unit's responsibility to park vehicles in the unit's garage, leaving the guest parking spaces open for guests and the driveway open for emergency vehicle access. g. A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. 8. This map shall be for the approval of airspace units only. An FM PS additional map sheet for informational purposes shall be recorded with the final parcel map, showing the location of the three (3) airspace units and all private use areas. 9. All provisions for conversion of rental units to condominium units, as FM PS detailed in the California Subdivision Map Act shall be complied with and documentation shall be provided to the Community Development Department for review and approval. 10. Prior to recordation of the final parcel map, the applicant shall FM PS/PW submit a condominium plan for recording concurrently with the final parcel map. A qualified licensed professional shall prepare the final parcel map and the condominium plan. 11. The maximum percent of coverage for the lot, excluding decks less FO PS than 30 inches from the ground, shall be 40%. 12. Trash containers shall be the responsibility of each individual unit FO PS/BS and shall be enclosed within the unit's attached garage or other storage area, outside the view of the public street. 13. Prior to recordation of the final parcel map, all front yard fencing FM PS/BS shall be removed. Any fencing that may be reinstalled shall be consistent with the Zoning Ordinance and shall be compatible with the neighborhood, i.e. wood or stone, not chainlink. 14. Prior to recordation of the final parcel map, all structures and FM PS/BS buildings within the front yard setback area shall be removed and relocated outside the front yard setback and in accordance with the City's Zoning Ordinance. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0063 5740 Rosario\TPM 2004-0063.PC Staff Report.KM.doc ITEM NUMBER DATE: 11-3-04 Conditions of Approval Timing Responsibility /Monitoring TPM 2004-0063 PS: Planning Services BS: Building Services Address: 5740 Rosario Avenue BL: Business License GP: Grading Permit FD: Fire Department PD: Police Department BP: Building Perrnit FI: Final Inspection CE: City Engineer WW: Wastewater TO: Temporary Occupancy CA: City Attorney F0: Final Occupancy 15. The developer shall install one street tree for each 40 feet, or portion FO PS/BS thereof, of frontage on Rosario Avenue prior to recordation of the final map, or in conjunction with the final inspection for required public improvements, which ever comes later. 16. Prior to recordation of the final map, all upper story balconies shall FM PS/BS be brought into conformance with the Zoning Ordinance and the Uniform Building Code, which requires the balconies to maintain a 2 - foot setback from the side property lines. 17. Each of the tenants will be given notice of an exclusive right to Ongoing PS contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. This right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right. Building Department Conditions 18. Prior to recordation of the final parcel map, the applicant shall FM BS obtain all necessary building permits to complete the following items: UNIT 1 a. Place the pipe, which jogs into the garage, in the wall and patch the sheet rock. b. Replace the kichen/dining room deck boards C. Replace all rotted wood, doors, and windows per the Property Condition Report, prepared by Bob Keulen, dated August 30, 2004. d. Repair the shower leak. e. Repair wall damage. f. Repair/replace broken/rotted boards. g. Repair/replace rotted door jam. h. Repair/replace bathroom floor. i. Repair/replace ceiling leaks. j. Repair/replace electrical outlets. UNIT 2 a. Install Shutoff Valve on clothes dryer. b. Install earthquake strap on water heater. 19. Prior to recordation of the final parcel map, all necessary repairs FM BS shall be reinspected by the licensed contractor of record. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0063 5740 Rosario\TPM 2004-0063.PC Staff Report.KM.doc ITEM NUMBER DATE: 11-3-04 Conditions of Approval Timing Responsibility /Monitoring TPM 2004-0063 PS: Planning Services BS: Building Services Address: 5740 Rosario Avenue BL: Business License GP: Grading Permit FD: Fire Department PD: Police Department BP: Building Perrnit FI: Final Inspection CE: City Engineer WW: Wastewater TO: Temporary Occupancy CA: City Attorney F0: Final Occupancy 20. Prior to recordation of the final parcel map, final inspections FM BS shall be held on the building permits for the items listed in condition 18. City Engineer Standard Conditions 21. All public improvements shall be constructed in conformance with FM PW the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 22. In the event that the applicant is allowed to bond for the public FM PW improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 23. An engineer's estimate of probable cost shall be submitted for FM PW review and approval by the City Engineer to determine the amount of the bond. 24. The Subdivision Improvement Agreement shall record concurrently FM PW with the Final Parcel Map. 25. An encroachment permit shall be obtained prior to the issuance of BP PW a building permit. 26. A six (6) foot Public Utility Easement (PUE) shall be provided FM PW contiguous to the Rosario Avenue property frontage. 27. The applicant shall be responsible for the relocation and/or BP PW alteration of existing utilities. 28. The applicant shall install all new utilities (water, gas, electric, cable BP PW TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 29. The applicant shall monument all property corners for construction FM PW control and shall promptly replace them if disturbed. 30. The applicant shall acquire title interest in any off-site land that may FM PW be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 31. Slope easements shall be provided as needed to accommodate FM PW cut of fill slopes. 32. Drainage easements shall be provided as needed to accommodate FM PW \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0063 5740 Rosario\TPM 2004-0063.PC Staff Report.KM.doc ITEM NUMBER DATE: 11-3-04 Conditions of Approval Timing Responsibility /Monitoring TPM 2004-0063 PS: Planning Services BS: Building Services Address: 5740 Rosario Avenue BL: Business License GP: Grading Permit FD: Fire Department PD: Police Department BP: Building Perrnit FI: Final Inspection CE: City Engineer WW: Wastewater TO: Temporary Occupancy CA: City Attorney F0: Final Occupancy both public and private drainage facilities. 33. A preliminary subdivision guarantee shall be submitted for review in FM PW conjunction with the processing of the final parcel map. 34. All existing and proposed utility, pipeline, open space, or other FM PW 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 parcel map. The applicant shall show all access restrictions on the final parcel map. 35. The final parcel map shall be signed by the City Engineer prior to FM PW the map being placed on the agenda for City Council acceptance. 36. Prior to recording the final parcel map, the applicant shall submit a FM PW map drawn in substantial conformance with the approved tentative parcel map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 37. Prior to recording the final parcel map, the applicant shall set FM PW monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the final parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 38. Prior to recording the final parcel map, the applicant shall pay all FM PW outstanding plan check/inspection fees. 39. Prior to recording the final parcel map, the applicant shall complete FM PW all improvements required by these conditions of approval. 40. Prior to recording the final parcel map, the applicant shall have the FM PW map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 41. Upon recording the final parcel map, the applicant shall provide the FM PW City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 42. Prior to the final inspection of any public improvements, the BP PW applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0063 5740 Rosario\TPM 2004-0063.PC Staff Report.KM.doc ITEM NUMBER DATE: 11-3-04 Conditions of Approval Timing Responsibility /Monitoring TPM 2004-0063 PS: Planning Services BS: Building Services Address: 5740 Rosario Avenue BL: Business License GP: Grading Permit FD: Fire Department PD: Police Department BP: Building Perrnit FI: Final Inspection CE: City Engineer WW: Wastewater TO: Temporary Occupancy CA: City Attorney F0: Final Occupancy 43. Prior to the final inspection, the applicant shall submit a written BP PW certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. City Engineer Project Conditions 44. All frontage improvements shall be constructed on Rosario FM PW Avenue. Improvements shall include widening Rosario Avenue and constructing curb, gutter and sidewalk along the property frontage. 45. Applicant shall overlay or slurry seal Rosario Avenue along the entire property frontage, from the centerline plus ten feet. Final street repair shall be determined by the City Engineer upon submittal of the Public Improvement Plans. Atascadero Mutual Water Company Project Conditions 1. Before recordation of the final map, the applicant shall submit FM AMWC plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All new water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross -connection devices shall conform to AWWA and California Department of Health Services standards. 2. Before the start of construction on the water system BP 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. 3. Before issuance of building permits, the applicant shall obtain a FM AMWC "Will Serve" letter from AMWC for the newly created lots within the subdivision. 4. Separate water meters for domestic water service are required for each individual condominium unit. 5. The applicant shall obtain a separate landscape -irrigation meter from AMWC for the common areas within the project. Landscaping for common areas shall be drought -tolerant. The landscaping for common areas shall conform to the mitigation measures noted in Table II -7, Hydrology and Water Quality, of the General Plan 2025. The applicant shall keep the use of turf grass in common area landscaping and in other areas to a minimum. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0063 5740 Rosario\TPM 2004-0063.PC Staff Report.KM.doc ITEM NUMBER DATE: 11-3-04 Conditions of Approval Timing Responsibility /Monitoring TPM 2004-0063 PS: Planning Services BS: Building Services Address: 5740 Rosario Avenue BL: Business License GP: Grading Permit FD: Fire Department PD: Police Department BP: Building Perrnit CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary Occupancy CA: City Attorney F0: Final Occupancy 6. Before construction of the water system improvements, AMWC shall review and approve the landscape plans for the common areas within the project. 7. 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. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0063 5740 Rosario\TPM 2004-0063.PC Staff Report.l<M.doc ITEM NUMBER: 8 DATE: 11-3-04 EXHIBIT C: Tentative Parcel Map AT 04-0374 TPM 2004-0063 \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0063 5740 Rosario\TPM 2004-0063.PC Staff Report.KM.doc