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HomeMy WebLinkAboutPC_2003-01-07_AgendaPacketCITY OFATASCADERO PLANNING COMMISSION AGENDA Regular Meeting January 7, 2003 — 7:00 P.M. City of Atascadero 6500 Palma Ave. — 4th Floor, - Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Bentz Vice Chairperson Fonzi Commissioner Eddings Commissioner Jones Commissioner Kelley Commissioner Porter 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 DECEMBER 17, 2002. 2. ACCEPTANCE OF FINAL MAP 2002-0046 FOR TPM 2002-0029: 3650 TRAFFIC WAY-SKIBO PUBLIC HEARINGS (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name and address for the record and can address the Commission for five minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 3. CUP 2002-0083: RESIDENTIAL HEIGHT EXCEPTION Applicant: Steve and Mikelee Pesenti, 9075 Mountain View Drive, Atascadero, CA Project Title: 93422 Project Title: Conditional Use Permit 2002-0083: Residential height exception Project 9075 Mountain View Drive, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 056-311-002 Project A proposal for Condition Use Permit (CUP 2002-0083) to grant a height Description: exception for a single-family residence in the RSF-Y zone. The home is proposed to be a maximum of 40.5 feet in height from natural grade, with a height average of 37.5 feet. General Plan Designation: Single Family Residential - Y Zoning District: Residential Single Family - Y 4. CUP 2002-0055 CONVERSION OF AN EXISTING SINGLE-FAMILY RESIDENCE TO A COMBINED RESIDENCE AND BED AND BREAKFAST FACILITY. Applicant: Tom and Nancy Cadwell, 7129 San Gregorio Rd., Atascadero, CA 93422 Project Title: Conditional Use Permit 2002-0055: Conversion of an existing single-family residence to a combined residence and Bed and Breakfast facility. Project 7129 San Gregorio Rd., Atascadero, CA 93422 Location: (San Luis Obispo County) APN 049-183-011,010 Project A proposal for Condition Use Permit (CUP 2002-0055) to establish a bed Description: and breakfast on an existing 4.5 -acre single-family residential lot. The proposed project will not require any new construction above what is necessary per building code standards to permit the existing residence to be used as a Bed and Breakfast. The house is currently 6,174 square -feet. The project proposes the use of 5 existing bedrooms as sleeping quarters, for both the permanent residents and transient guests. General Plan Designation: Rural Estates Zoning District: Residential Suburban 5. ZCH 2002-0037: CODE TEXT AMENDMENT OF PLANNED DEVELOPMENT #11 3F MEADOWS FIRE PROTECTION STANDARDS (CASTLEROCK DEVELOPMENT) Applicant: Castlerock Development, a CH Corporation, 202 H3 Tank Farm Road, San Project Title: Luis Obispo, CA 93401 Project Title: Zone Change 2002-0037: Code Text Amendment of Planned Development Project #11 (317 Meadows Fire Protection Standards Project Oak Ridge Estates at 3F Meadows Location: 812 acres located west of the end of San Marcos Road (San Luis Obispo County) Project The project consists of a proposed text amendment to PD -11 (Section 9 - Description: 3.656(b) Fire Department Conditions of Approval. The proposed amendments would clarify the fire protection standards during construction phasing for model homes. The proposed draft text is available for review at the Planning Department. General Plan Designation: Rural Estates Zoning District: Residential Suburban/ PD -11 COMMUNITY DEVELOPMENT STAFF REPORTS 6. 3-F MEADOWS / PLANNED DEVELOPMENT 11 MASTER PLAN OF DEVELOPMENT DETERMINATION (CASTLEROCK DEVELOPMENT) Applicant: Castlerock Development, a CH Corporation, 202 H3 Tank Farm Road, San Luis Obispo, CA 93401 Project Title: 3-F Meadows / Planned Development 11 Master Plan of Development Determination Project Oak Ridge Estates at 3F Meadows Location: 812 acres located west of the end of San Marcos Road (San Luis Obispo County) Project Planned Development 11 (3F Meadows) requires a Master Plan of Description: Development to be approved for the entire project site prior to recordation of the final map. Due to an incomplete record of previous project approval and actions on the project, staff is unable to make a determination of the Master Plan of Development consistency. The Planning Commission will forward its recommendation to City Council for consideration with the final map. General Plan Designation: Rural Estates Zoning District: Residential Suburban/ PD -11 COMMISSIONER COMMENTS & REPORTS ADJOURNMENT The next regular meeting of the Planning Commission will be January 21, 2003 at City Hall in the 4th Floor Rotunda, 6500 Palma 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 atlor prior to this public hearing. \\Cityhall\CDvlpmnt\— PC Agendas\PC 2003\PC Agenda. 01-07-03.am.doc City ofAtascadero WELCOME TO THE ATASCADER0 PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7: 00 p.m., in the Rotunda of City Hall. 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 business hours at the Permit Center counter. 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 office. 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) 461-5010, or the City Clerk's Office, (805) 461-5074. 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. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission. 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). Cdvlpmnt/PC Agenda/ -Welcome and meeting information1doc ITEM NUMBER: 6 DATE: 01-07-03 Planning Commission Staff Report Staff Report — Community Development Department 3-F Meadows / Planned Development 11 Master Plan of Development Determination (Castlerock Development) SUBJECT: Planned Development 11 (317 Meadows) requires a Master Plan of Development to be approved for the entire project site prior to recordation of the final map. Staff and the applicant have reached an impasse on the approval of the Master Plan of Development. The Planning Commission will need to make a recommendation to the City Council regarding the Master Plan of Development. The City Council will take final action on the Master Plan of Development along with the final map for approval. RECOMMENDATION: Staff Recommends: The Planning Commission makes a determination identifying either the 11-19-02 Master Plan of Development or Appendix B as the project consistent with Planned Development 11 and the Final EIR. SUMMARY: 1. Applicant: Castlerock Development, a CH Corporation, 202 H3 Tank Farm Road, San Luis Obispo, CA 93401 2. Representative: Dean Coker 3. Project Location: Oak Ridge Estates at 3F Meadows 812 acres located west of the end of San Marcos Road ITEM NUMBER DATE: 01-07-03 4. General Plan Designation: Rural Estates 5. Zoning District: Residential Suburban / PD -11 6. Existing Use: Unimproved subdivision currently under construction. 7. Environmental Status: If the master plan of development is consistent with PD 11 and the project EIR then the master plan is entitled to CEQA Exemption by Statute Section 15061. The project will have no significant effect on the environment that has not already been addressed, studied and mitigated to the extent feasible. DISCUSSION Background: Project History The original 3-F Meadows Ranch project was approved by the City Council in February of 1995, which allowed for the reconfiguration of 115 Atascadero Colony Lots within an 802 - acre site. The overall project required the following series of actions to be approved: 1. Lot Line Adjustment map (LLA 94005 / LLA 2000-0005) [refer to Attachments 2 & 3] 2. Zone Change (ZC 94-001) [refer to Attachment 6], which created a planned development -zoning district #11 over the project area. 3. Colony road abandonments and road realignments (RA 94-001). 4. Certification of the Final Environmental Impact Report (SCH 94061014) [refer to Attachment 7]. The project resulted in 111 residential lots on approximately 546 acres with three open space lots totaling approximately 256 acres and one remaining lot for a future water tank to serve the project. The project approval allowed for the phased construction of improvements and lot development. Lot Line Adjustment Re -approval: The original 3-F Meadows Lot Line Adjustment (LLA 94005) was approved on February 28, 1995 with an initial 2 -year entitlement by the City Council. After that approval the property owner applied for, and received approval of, two additional one year time extensions, which extended the entitlement of the tentative map to February 28, 1999 on which date the Lot Line Adjustment expired. The approval of Zone Change 94-001, Road ITEM NUMBER: 6 DATE: 01-07-03 Abandonment 94-001 and the certification of the Final Environmental Impact Report, which were approved concurrently with the Lot Line Adjustment map remained in effect. On April 19, 2000 the applicant submitted an application to re -approve the Lot Line Adjustment (LLA 2000-0005). At that time, staff reviewed the Lot Line Adjustment map and determined that the map was substantially consistent with the previously approved lot line adjustment map and all other entitlements that were approved with the original project. Typically, the Community Development Director approves lot line adjustments. However, due to the scope of the project, Paul Saldana who was Director in 2000 chose to have the Planning Commission review his decision prior to approving the Lot Line Adjustment. The Planning Commission reviewed the item on December 19, 2000 and advised the Director that the Lot Line Adjustment was consistent with the previous project approvals. On December 20, 2000 the Director issued a letter approving the Lot Line Adjustment (refer to Attachment 4). The applicant's position is that the Master Plan of Development was approved concurrently with the re -approval of LLA 2000-0005. During this time, staff was reviewing both the Lot Line Adjustment and the Master Plan of Development. Staff believes that the approval was limited only to the Lot Line Adjustment map attached to the approval letter and did not include the Master Plan of Development. Phase 1 Construction Permits: Since the project's approval in 1995, the property has been sold by the Davis Family Trust and is now controlled by Castlerock Development. In July of 2001, Castlerock Development applied for a construction permit (BLD 2002-1056) to build the road and utility improvements for Phase I of the project. This permit approval was appealed to City Council and subsequently issued in the summer of 2002. Construction of Phase 1 is currently underway. ITEM NUMBER DATE: 01-07-03 3F Meadows Project Summary 802± acres 115 Colony Lots 111 proposed units 259 acres of open space 39 acres of conservation easements rnase 3F Meadows PDA I San Marcos Road Extension ITEM NUMBER: 6 DATE: 01-07-03 Analysis: Final Map and Master Plan of Development: The last remaining item requiring City Council approval is acceptance of the Final Map. Final Maps are ministerial decisions that the Council must approve if the map is consistent with the project approval. Unique to this Final Map is the Planned Development 11 requirement that a Master Plan of Development be approved for the entire project site prior to recordation of the map (refer to following PD -I I code excerpt). 9-3.656 Establishment of Planned Development Overlay Zone No. 11: (PD1 1). The Planned Development Overlay Zone No. 11 is established as shown on the official zoning maps (Section 9-1.102). The conditions of development are established: Conditions of Approval: (a) Planning Division. (1) To ensure conformance with the provisions of the PD -11 Overlay Zone, a Master Plan of Development shall be prepared which satisfies all of the following conditions prior to the recordation of any final document implementing Lot Line Adjustment 94-005. The Master Development Plan shall consist of the 1 "=40' feet plans entitled "Precise Road Alignment/Lot Grading Plan" amended and supplemented as required by these conditions. (4) The Master Development Plan shall show the location of building envelopes, leach field areas, and driveways for lots whose average slope exceeds thirty percent (30%). The building, leach field and driveway locations shall be subject to the review and approval of the Community Development Director. Because the Master Plan of Development was not approved along with PD -11 there is not a set of approved plans to accompany the project. Since 1995 City staff has reviewed various versions of the Master Plan of Development but no version was ever approved as required by PD -11. In order to approve the Master Plan of Development, staff must find that the Master Plan is consistent with PD -11 and the EIR. Since there are no plans as part of PD -II staff has be forced to use the project contained in the EIR as the approved project. This project description is commonly referred to as Appendix B and contains the reductions of the 27 sheets of the 40 -scale project plans. Staff and the applicant have reached an impasse regarding the Master Plan of Development's consistency with the EIR. The applicant asserts that the Master Plan of Development dated November 14, 2002 is consistent with the original project approval. Staff has not been able to come to the same conclusion due to a lack of addition environmental analysis to support this position. Master Plan of Development Approval Options: There appears to be two options available for approval of the Master Plan of Development. ITEM NUMBER: 6 DATE: 01-07-03 1. Follow Appendix B This option would be for the Master Plan of Development to be the same as Appendix B. A consistency determination with the EIR and PD -11 would be required. 2. Develop an Alternative to Appendix B An Alternative to Appendix B could be approved if it were determined to have roughly the same or fewer environmental impacts. This approach was used for the Phase 1 road plans and requires additional environmental information to be generated. In the absence of real information about the environmental impacts caused by the Alternative as compared to the project studied in the original EIR, Staff cannot make a determination that the proposed Alternative is approved. The applicant has rejected Option 1 but has not prepared any additional information to support Option 2 leading to the impasse. EIR Appendix B and Table A: One of the central issues surrounding issuance of the Phase 1 road construction permit was the Appendix B of the EIR. Appendix B contains the best record of the project plans that were approved in 1995. In addition to the project plans, Appendix B has numerous notes, call -outs and boundary changes that appear to be project mitigation measures. It has been the current staff's position since 2001 that Appendix B represents the project approval with mitigation measures. In addition to Appendix B, the EIR contains Table A which lists mitigation measures on a lot by lot basis. It should be noted that Appendix B and Table A while similar are not entirely consistent which clouds the issue of what the exact EIR mitigations are for the project. The applicant disputes the position that Appendix B or Table A represent the required project plan and asserts that an alternative Master Plan of Development that is different than Appendix B was approved by previous staff when the Planning Commission reconsidered the Lot Line Adjustment in December 2000. While staff thinks that an alternative project could be found to be consistent with PD -11 and the Final EIR, staff does not have the authority to make this decision without addition environmental information. However, the City Council could determine that a project different than Appendix B is the approved project if it was satisfied that the alternative project was consistent with the EIR and Appendix B. Proposed Master Plan of Development: The applicants proposed Master Plan of Development 11-14-2002 is shown in Attachment 6 (Exhibit A) and the original EIR and Appendix B is shown in Attachment 5 under a separate cover. The Master Plan of Development once adopted will become the development blueprint for the project regulating the development of public improvements and private lot development. Issues of lot boundaries, easements and street right-of-way ITEM NUMBER DATE: 01-07-03 are controlled by the Final Map. At this point both the applicant and staff are in agreement that the Lot Line Adjustment Final Map is complete and all boundary, easement and roads are consistent with PD -11 and the Final EIR. The followingdevelopment issues are regulated by the Master Plan of Development: 1. Road location and grading 2. Cut and fill slopes 3. Retaining walls 4. Tree removals 5. Driveways 6. House pad size and location 7. Leach field size and location 8. AMWC Water Tank The followingdevelopment issues are regulated by the Final Maw 9. Lot size and boundaries 10. Open space easements 11. Road right-of-ways The primary issue that remains unresolved is the location of the individual building sites for the houses, septic systems and driveways. Appendix B of the EIR appears to require many of the building sites to be modified. Most of these changes both minor and major have not been made to the 11-19-02 Master Plan of Development. While it is possible that the Council could find these changes are not required, staff does not have the discretion to make this decision. Retaining walls along the streets have all be included as shown in Appendix B. ITEM NUMBER DATE: 01-07-03 The following is a summary of the differences between Appendix B and applicants Master Plan of Development on a lot by lot basis. In cases where only minor difference between exist the term "Building site slightly different" is used. "Building site different" is used where Appendix B indicated relocation. This table is provided to assist with analysis of the project. Appendix B Lot Number Appendix B I MPD Consistent Notes Lot 1 Yes Lot 2 Yes Lot 3 Building site slightly different Lot 4 Building site lightly different Lot 5 Building site different Lot 6 Building site lightly different Lot 7 Yes Lot 8 Yes Lot 9 Building site different Lot 10 Yes Lot 11 Water Tank Site Lot 12 Building site slightly different Lot 13 Building site lightly different Lot 14 Building site lightly different Lot 15 Building site lightly different Lot 16 Building site lightly different Lot 17 Building site different Lot 18 Building site different Lot 19 Building site different Lot 20 Building site different Lot 21 Building site different Lot 22 Yes Lot 23 Yes Lot 24 Building site different Lot 25 Building site different Lot 26 Building site different Lot 27 Yes Lot 28 Yes Lot 29 Building site slightly different Lot 30 Yes Lot 31 Building site different Lot 32 Building site different Lot 33 Building site slightly different Lot 34 Building site slightly different Lot 35 Building site different Lot 36 Yes Lot 37 Yes Building site slightly different Lot 38 Lot 39 Yes Lot 40 Building site lightly different ITEM NUMBER DATE: 01-07-03 Lot 41 Yes Lot 42 Building site slightly different Lot 43 Yes Lot 44 Building site different Lot 45 Building site slightly different Lot 46 Building site slightly different Lot 47 Yes Lot 48 Building site slightly different Lot 49 Building site slightly different Lot 50 Yes Lot 51 Yes Lot 52 Yes Lot 53 Building site slightly different Lot 54 Building site slightly different Lot 55 Building site different Lot 56 Building site different Lot 57 Yes Lot 58 Building site slightly different Lot 59 Building site slightly different Lot 60 Yes Lot 61 Yes Lot 62 Building site different Lot 63 Building site different Lot 64 Yes Lot 65 Yes Lot 66 Building site slightly different Lot 67 Building site different Lot 68 Yes Lot 69 Building site lightly different Lot 70 Building site different Lot 71 Yes Lot 72 Yes Lot 73 Building site different Lot 74 Building site different Lot 75 Building site different Lot 76 Building site different Lot 77 Building site slightly different Lot 78 Yes Lot 79 Building site different Lot 80 Building site different Lot 81 Building site slightly different Lot 82 Building site slightly different Lot 83 Building site different Lot 84 Yes Lot 85 Building site different Lot 86 Building site different Lot 87 Building site slightly different Lot 88 Yes Lot 89 Building site different Lot 90 Yes Lot 91 Building site lightly different ITEM NUMBER DATE: 01-07-03 Lot 92 Building site slightly different Lot 93 Building site slightly different Lot 94 Building site different Lot 95 Yes Lot 96 Yes Lot 97 Yes Lot 98 Yes Lot 99 Yes Lot 100 Buildin site slightly different Lot 101 Building site slightly different Lot 102 Yes Lot 103 Building site lightly different Lot 104 Building site slightly different Lot 105 Building site slightly different Lot 106 Building site slightly different Lot 107 Building site slightly different Lot 108 Yes Lot 109 Yes Lot 110 Yes Lot 111 Yes Lot 112 Yes Retaining Wall A Yes San Marcos Lot 72 Retaining Wall B Yes San Marcos Lot 72 Retaining Wall C Yes San Felipe Lot 89 Retaining Wall D Yes Cene al 0 en Space Lot Retaining Wall E Yes Cene al Lot 83 Conclusion: The 3F Meadows project is an extremely complex project that was approved over seven years ago. Unfortunately, a Master Plan of Development was not approved along with the PD -11. Since Appendix B of the EIR is the best record of the project approval and intended mitigation measures, it has been staff's position that Appendix B is the project. However, the Council has more discretion than staff on the issue of project consistency and could determine that an alternative project to Appendix B is consistent with PD -I 1 and the EIR. ALTERNATIVES 1. The Planning Commission could determine that additional mitigation measures should be incorporated into the project in order to make the project consistent with the EIR. The Commission should specifically identify the type and location of any additional mitigation measure. ITEM NUMBER: 6 DATE: 01-07-03 2. The Planning Commission could refer the project back staff for additional analysis. The Commission should specifically identify the issues that need to be analyzed. PREPARED BY Warren Frace, Community Development Director ATTACHMENTS Attachment 1: Location Map Attachment 2: Lot Line Adjustment and Road Abandonment Attachment 3: Open Space and Conservation Easement Map Attachment 4: Directors Approval Letter LLA 2000-0005 Attachment 5: Planned Development 11 Code Text Attachment 6: 3F Meadows Final EIR Attachment 7: Draft Commission Resolution Exhibit A: Proposed Master Plan of Development ITEM NUMBER DATE: 01-07-03 Attachment 1: Location Map ITEM NUMBER: 6 DATE: 01-07-03 Attachment 2: Lot Line Adjustment and Road Abandonment Attachment 3: Open Space and Conservation Easement Map ar meaaows PD -11 ITEM NUMBER DATE: 01-07-03 San Marcos Road Extension ITEM NUMBER DATE: 01-07-03 Attachment 4: Director's Approval Letter of LLA 2000-0005 ITEM NUMBER: DATE: 01-07-03 Attachment 5: Planned Development 11 Code Text 9-3.656 Establishment of Planned Development Overlay Zone No. 11: (PD1 1). The Planned Development Overlay Zone No. 11 is established as shown on the official zoning maps (Section 9-1.102). The conditions of development are established: Conditions of Approval: (a) Planning Division. (1) To ensure conformance with the provisions of the PD -11 Overlay Zone, a Master Plan of Development shall be prepared which satisfies all of the following conditions prior to the recordation of any final document implementing Lot Line Adjustment 94-005. The Master Development Plan shall consist of the 1"=40' feet plans entitled "Precise Road Alignment/Lot Grading Plan" amended and supplemented as required by these conditions. (2) A Mitigation Monitoring Program, prepared in conformance with the Mitigation Monitoring Plan contained in the final EIR for this project, shall be prepared and implemented prior to the commencement of any construction. Preparation of the Mitigation Monitoring Program shall be the financial responsibility of the applicant. (3) The applicant shall demonstrate, to the satisfaction of the City Attorney, that adequate title and/or interest has been obtained for the existing Colony rights-of-way within the project boundary prior to approval of the Master Development Plan. (4) The Master Development Plan shall show the location of building envelopes, leach field areas, and driveways for lots whose average slope exceeds thirty percent (30%). The building, leach field and driveway locations shall be subject to the review and approval of the Community Development Director. (5) Open space easements to provide wildlife corridors shall be provided in conformance with the recommendations of the Final EIR. Limits on fencing and other detrimental uses within easement areas shall be restricted by the project CC and R's. The location of the easements and CC and R restrictions shall be subject to the review and approval of the Community Development Director. (6) The "Open Space" lots (Lots A, B and C) as shown on Exhibit B shall be offered for dedication to the City. (7) Road Abandonment 94-001 shall be completed and all necessary documents shall be recorded prior to, or simultaneously with the recordation of any final document(s) implementing LLA 94-005. (8) Retaining walls shall be used wherever feasible to reduce the amount of grading necessary for the construction of roads and homes. Grading plans shall be reviewed by the City Engineer and Community Development Director to ensure that proposed grading does not exceed that necessary to develop the site. (9) Road maintenance agreements, in a form approved by the City Attorney, shall be prepared and recorded for each group of lots which share a driveway or other common access. The agreements may be made a part of the CC and R's, or may be recorded as deed restrictions, or may be recorded as separate road maintenance agreements. (10) The applicant shall prepare a Comprehensive Restoration Plan (CRP) as part of the road improvement plans. The CRP shall be prepared by a qualified professional and shall address plant lists, planting methods (to include slope preparation, mulching and slope protection), and a maintenance program, including weed control and irrigation. The CRP shall be reviewed and approved by the City Engineer and Community Development Director prior to the issuance of permits for road construction. (11) The lot line adjustment shall not result in the establishment of any greater number of lots that are nonconforming due to lot size than currently exists. The lot line adjustment shall not result in the establishment of any lot which is smaller than the smallest currently existing Colony lot within the subject site. (b) Fire Department. (1) Water Supply. (i) The minimum required fire flow is one thousand (1000) gallons per minute at twenty (20) psi residual pressure for a one -hundred -twenty (120) minute duration in residential development. The required fire flow will increase, as provided in UFC Appendix III -A, based on square feet of residential construction, with a fifty percent (50%) fireflow credit for automatic sprinkler systems. Verification must be provided from water company or fire department records in established areas or by a proof of design test at the completion of new on-site water main construction. ITEM NUMBER: DATE: 01-07-03 (ii) Underground fire service mains and appurtenances shall conform to NFPA 24 minimum standard and plans are reviewed by the Fire Department prior to installation. The underground main size shall be a minimum of eight (8) inch diameter. Water mains and fire hydrants will be installed and in service prior to beginning combustible construction. If combustible building materials are used, the water supply mains and hydrants shall be designed, installed, tested, flushed and approved by the Fire Department prior to any stockpiling or installing any combustible materials. Water supply systems for phased construction shall provide the required fire flow at all phases. (iii) Fire Hydrants. The minimum number and distribution of fire hydrants is one (1) hydrant every five hundred (500) feet as provided in UFC Appendix III -B. The fire hydrant will be Atascadero Mutual Water Company specification with one four and one-half (4'/2) inch and one or more two and one-half (2'/�) inch outlets. Existing hydrants may be adequate, provided they consist of a minimum of one four and one-half (4'/2) inch and one two and one-half (2'/2) inch outlet. New hydrant color will be Safety Yellow for public right-of-way and Safety Red for private right-of-way. All hydrants in the public right-of-way to have "Blue Dot" highway reflector installed on the adjacent street of driveway to clearly identify the fire hydrant location. (iv) The dwellings shall be equipped with a residential automatic fire sprinkler system. The sprinkler system will be designed and installed according to NFPA Pamphlet No. 1 3D. The fire department requires a minimum one (1) inch water meter for residential sprinkler systems. (2) Fire Apparatus Access. (i) If combustible construction materials are used, all required public access roadways shall be completed to a minimum width of twenty (20) feet, capable of supporting forty thousand (40,000) pounds, with an all-weather surface, to within one hundred fifty (150) feet of all stockpiles and all sides of buildings with combustible construction. The access roadways to be posted "No Stopping/Fire Lane" and shall not be used for the storage of materials. Proposed private roads, driveways or extensions of existing roads shall be designed and constructed as follows: a. Single-family residential access road. A vehicular access to more than one parcel or vehicular access to a single parcel with more than two (2) buildings or more than three (3) dwelling units shall be twelve (12) feet width for one-way traffic and sixteen (16) feet width for two-way traffic. The road shall also provide for a ten (10) foot fuel modification area on each side. b. Driveway. A vehicular access to a single parcel with one (1) or two (2) buildings, having no more than three (3) dwelling units on a single parcel and any number of accessory buildings. Length Required Width 0-49 feet 12 feet 50--99 feet 14 feet Greater than 200 feet 16 feet (Note 1 and Note 2) NOTE: 1. For driveways exceeding three hundred (300) feet, turnaround shall be provided at the building site and must be within fifty (50) feet of the dwelling. 2. For driveway exceeding eight hundred (800) feet, a turnout shall be provided at the midpoint or every four hundred (400) feet. (ii) Fire apparatus access roads shall have an unobstructed vertical clearance of not less than thirteen (13) feet and six (6) inches. Driveways shall have not less than fifteen (15) feet of vertical clearance. (iii) Fire apparatus access roads and driveways shall be designed and maintained to support the imposed loads of forty thousand (40,000) pounds at twenty-five (25) miles per hour, and shall be provided with a surface so as to provide all- weather driving capabilities. (iv) The turning radius of a fire apparatus access road shall have a horizontal inside radius curvature of not less than twenty-eight (28) feet inside radius and forty-eight (48) feet outside radius. (v) All dead-end fire apparatus access roads in excess of one hundred fifty (150) feet in length shall be provided with approved provisions for turning around of fire apparatus. The bulb or cul-de-sac radius shall not be less than forty (40) feet. The hammer -head T shall extend a minimum of thirty (30) feet to each side of the centerline of the entry road and be eighteen (18) feet wide. The turnaround shall extend forty (40) feet from the entry road and be a minimum of eighteen ITEM NUMBER: DATE: 01-07-03 (18) feet wide. Where parcels are zoned five (5) acres or larger, turnarounds shall be provided at intervals of approximately one thousand three hundred twenty (1,320) feet, or as approved by the Fire Chief. Each dead-end road shall have a turnaround constructed at its terminus. (vi) The minimum level of improvement is determined by the grade of the access road or driveway providing access from the road to the building site or parking area as follows (UFC 10.204): Note 1. Surface shall be asphalt or concrete in the City of Atascadero Engineering Standard Specifications and Drawings including a nonskid finish (brushed concrete or equivalent pavement). Note 2. A driveway/access road that would provide a grade greater than sixteen percent (16%) and less than twenty percent (20%) and is designed by a Registered Civil Engineer may be considered on a case-by-case basis by the Fire Chief. (vii) The maximum length of dead-end road, including all dead-end roads accessed from the dead-end roads, shall use the following cumulative lengths as a guideline for approval by the Fire Chief, regardless of the number of parcels served: Parcels less than 1 acre 800 feet Surface Minimum Grade II -Weather less than 12 percent Nonskid (Note 1) 12 percent to 16 percent Nonskid (Note 2) over 16 percent Note 1. Surface shall be asphalt or concrete in the City of Atascadero Engineering Standard Specifications and Drawings including a nonskid finish (brushed concrete or equivalent pavement). Note 2. A driveway/access road that would provide a grade greater than sixteen percent (16%) and less than twenty percent (20%) and is designed by a Registered Civil Engineer may be considered on a case-by-case basis by the Fire Chief. (vii) The maximum length of dead-end road, including all dead-end roads accessed from the dead-end roads, shall use the following cumulative lengths as a guideline for approval by the Fire Chief, regardless of the number of parcels served: Parcels less than 1 acre 800 feet Parcels 1 ac. to 4.66 ac. 1320 feet Parcels 5 ac. to 19.99 ac. 2640 feet Parcels 20 + ac. 5290 feet All lengths shall be measured from the edge of the roadway surface at the intersection that begins from the road to the end of the dead-end road surface at its farthest point. Where a dead-end road crosses areas of differing zones, the shortest allowable length shall apply. (3) Fuel Management. All parcels shall comply with the fire department's wildland fuel management program. The hazardous vegetation that the program is concerned with is seasonal and recurrent in nature. Therefore, the operation of the program is planned on a continuous annual basis. (c) Engineering Division. (1) Road Improvements --General. (i) All road improvements shall be constructed in accordance with the City Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. (ii) An encroachment permit shall be obtained from the City Engineering Department prior to the start of construction. The applicant shall enter into a Plan Check/Inspection agreement with the City. (iii) Road improvement plans prepared by a registered civil engineer shall be submitted for review and approval by the City Engineer prior to approval of the Master Development Plan. Road improvement plans shall conform to the requirements of the City Standard Specifications, Section 2 --Preparation of Plans. R -value testing shall be done, and pavement sections designed by a registered civil engineer to the satisfaction of the City Engineer. (2) Road Improvements--On-Site. (i) The following roads shall be fully improved to a Rural Hillside Collection Section (City Std. 404), or as approved by the City Engineer prior to the issuance of building permits. The structural section shall be based on a T.I. = 5.0. ITEM NUMBER: DATE: 01-07-03 b. San Marcos Road from the project boundary to the intersection of Cenegal Road (prior to Phase 1); a. Cenegal Road from the project boundary to the intersection of San Marcos Road (prior to Phase II); (ii) All other roads within the project boundary shall be fully improved to a Rural Hillside Local Section (City Std. 402), or as approved by the City Engineer prior to the issuance of building permits. The structural section shall be based on a T.I. = 4.0. (iii) The minimum right-of-way width for all on-site roads shall be fifty (50) feet. (iv) All cul-de-sacs shall meet the requirements of City Standard 415, Typical Cul -de -Sac for rural areas with an unobstructed turning radius of forty (40) feet and a paved radius of thirty-four (34) feet, or as approved by the City Fire Marshal. Areas not paved within the forty (40) foot unobstructed turning radius shall be designed and maintained to support imposed loads of forty thousand (40,000) pounds at twenty-five (25) miles per hour and shall be provided with a surface which provides for all weather driving capabilities. (v) Slope easements shall be provided on each side of the right-of-way as needed to accommodate cut slopes, fill slopes and/or retaining structures. (vi) Curve widening shall be constructed on all on-site roads in conformance with Section 4, Paragraph F of the City Standard Specifications, or as approved by the City Engineer. (vii) On-site road alignments shall be designed such that all existing streets, roads and alleys outside the project boundary, which intersect the project boundary, are provided with, and capable of obtaining, access from the on-site roads. Road alignments outside the project boundary, which intersect the project boundary, shall be clearly shown on the improvement plans. (viii) The applicant shall install all necessary street name and traffic signs as well as all necessary traffic striping and markings as required by the City Engineer. (ix) The applicant shall offer to dedicate all road rights-of-way for on-site roads to the City. The irrevocable offer of dedication shall be filed prior to, or simultaneously with, the recordation of any final document implementing Lot Line Adjustment 94-005. (3) Road Improvements--Off-Site. (i) Curve widening shall be constructed on Los Altos Road from Highway 41 to San Marcos Road where curve radii is less than two hundred (200) feet. Curve widening shall be constructed in conformance with Section 4, Paragraph F of the City Standard Specifications, or as approved by the City Engineer. Plans for the curve widening shall be submitted for review and approval by the City Engineer prior to the approval of the Master Development Plan. The curve widening on Los Altos Road shall be constructed when the ADT on Los Altos Road reaches five hundred (500) vehicles per day, with the development of the twenty-seventh lot in Phase 1, or within three (3) years of the issuance of building permits for Phase 1, whichever is earlier. (ii) A "Stop" sign and stop bar shall be constructed at the intersection of Los Altos Road and San Marcos Road and shall be constructed with the development of Phase 1 of the project and prior to the issuance of building permits. (iii) San Marcos Road between Los Altos Road and the project boundary shall be improved preparatory to acceptance of this portion of road into the City maintained system. Curve widening shall be constructed where curve radii is less than two hundred (200) feet. Curve widening shall be constructed in conformance with Section 4, Paragraph F of the City Standard Specifications, or as approved by the City Engineer. Improvement plans for the curve widening shall be submitted for review and approval by the City Engineer prior to approval of the Master Development Plan. San Marcos Road between Los Altos Road and the project boundary shall be improved prior to the development of Phase 1 of the project and prior to the issuance of building permits. (iv) The applicant shall enter into a maintenance agreement with the City for the portion of San Marcos Road between Los Altos Road and the project boundary. The agreement shall guarantee that damage to the road which results from construction traffic generated by the development of the project is properly repaired. The agreement shall be reviewed and approved by the City Engineer and the City Attorney. The agreement shall remain in -force throughout construction of Phase 1 and Phase 2 of the project. A maintenance security in a form acceptable to the City Attorney and the City Engineer shall be posted for the portion of San Marcos Road between Los Altos Road and the project boundary. The maintenance security shall remain effective until final acceptance of both Phase 1 and Phase 2 of the project. (v) Left -turn lanes shall be constructed on State Highway 41 for eastbound traffic entering both Los Altos Road and the driveway serving Lots 109-112. Improvement plans for the left -turn lanes shall be submitted for review and approval by Caltrans and the City Engineer prior to approval of the Master Development Plan. ITEM NUMBER: DATE: 01-07-03 The left -turn lanes for Los Altos Road shall be constructed when the ADT on Los Altos Road reaches five hundred (500) vehicles per day, with the development of the twenty-seventh lot in Phase 1, or within three (3) years of the issuance of building permits for Phase 1, whichever is earlier. The left -turn lanes for the driveways accessing Lots 109-112 shall be constructed with the development of any portion of Lots 109-112. (vi) Vehicle refuge lanes shall be constructed for vehicles turning left onto State Highway 41 from both Los Altos Road and the driveway serving Lots 109-112. Improvement plans for the refuge lanes shall be submitted for review and approval by Caltrans and the City Engineer prior to approval of the Master Development Plan. The vehicle refuge lane for Los Altos Road shall be constructed when the ADT on Los Altos Road reaches five hundred (500) vehicles per day, with the development of the twenty-seventh lot in Phase 1, or within three (3) years of the issuance of building permits for Phase 1, whichever is earlier. The vehicle refuge lane for the driveways accessing Lots 109-112 shall be constructed with the development of any portion of Lots 109-112. (vii) The improvements required to achieve a minimum of five hundred fifty (550) feet of sight distance shall be constructed at the intersection of Los Altos Road and State Highway 41 and at the intersection of the driveway serving Lots 109-112 and State Highway 41. Improvement plans for the site distance improvements shall be submitted for review and approval by Caltrans and the City Engineer prior to approval of the Master Development Plan. The site distance improvements for Los Altos Road shall be constructed when the ADT on Los Altos Road reaches five hundred (500) vehicles per day, with the development of the twenty-seventh lot in Phase 1, or within three (3) years of the issuance of building permits for Phase 1, whichever is earlier. The site distance improvements for the driveways accessing Lots 109-112 shall be constructed with the development of any portion of Lots 109-112. (viii) Advisory and warning signage shall be installed along State Highway 41 to advise drivers of the approaching intersection with Los Altos Road and the driveway serving Lots 109-112. Signage shall be installed which indicates a left - turn lane ahead. Improvement plans for the signage improvements shall be submitted for review and approval by Caltrans and the City Engineer prior to approval of the Master Development Plan. The signage improvements for Los Altos Road shall be constructed when the ADT on Los Altos Road reaches five hundred (500) vehicles per day, with the development of the twenty-seventh lot in Phase 1, or within three (3) years of the issuance of building permits for Phase 1, whichever is earlier. The signage improvements for the driveways accessing Lots 109-112 shall be constructed with the development of any portion of Lots 109-112. (ix) Designated right -turn lanes shall be constructed on State Highway 41 for westbound traffic entering both Los Altos Road and the driveway serving Lots 109-112. Improvement plans for the right -turn lanes shall be submitted for review and approval by Caltrans and the City Engineer prior to approval of the Master Development Plan. The right -turn lane for Los Altos Road shall be constructed when the ADT on Los Altos Road reaches five hundred (500) vehicles per day, with the development of the twenty-seventh lot in Phase 1, or within three (3) years of the issuance of building permits for Phase 1, whichever is earlier. The right -turn lane for the driveways accessing Lots 109-112 shall be constructed with the development of any portion of Lots 109-112. (x) Curve widening shall be constructed on the following roads where curve radii is less than two hundred (200) feet. Curve widening shall be constructed in conformance with Section 4, Paragraph F of the City Standard Specifications, or as approved by the City Engineer. Plans for the curve widening shall be submitted for review and approval by the City Engineer prior to the approval of the Master Development Plan. a. Laurel Avenue from Santa Lucia Road to Cenegal Road. b. Cenegal Road from Laurel Avenue to the project boundary. The curve widening shall be constructed when the ADT on Laurel Avenue reaches five hundred (500) vehicles per day, with the development of the thirty-eighth lot in Phase 2, or within three (3) years of the issuance of building permits for Phase 2, whichever is earlier. (xi) A three-foot wide Class I I base or other all weather surface walkway shall be provided along one side Cenegal Road from the project boundary to Laurel Avenue and along Laurel Avenue from Cenegal Road to Santa Lucia Road, or as approved by the City Engineer. Improvement plans for the walkways shall be submitted for review and approval by the City Engineer and Community Development Director prior to approval of the Master Development Plan. ITEM NUMBER: DATE: 01-07-03 The three -foot -wide pedestrian walkway shall be constructed when the ADT on Laurel Avenue reaches five hundred (500) vehicles per day, with the development of the thirty-eighth lot in Phase 2, or within three (3) years of the issuance of building permits for Phase 2, whichever is earlier. (4) Drainage. (i) All drainage improvements shall be constructed in accordance with the City Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. (ii) A grading and drainage plan for each lot, prepared by a registered civil engineer, shall be submitted for review and approval by the City Engineer prior to the issuance of building permits. A registered civil engineer shall provide a written statement that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC). (iii) An erosion control plan addressing interim erosion control measures to be used during the construction shall be submitted for review and approval by the City Engineer. Erosion control measures shall be in-place between October 1 st and April 1st. Prior to issuance of Grading Permits, and if required under the Clean Water Act (CWA), the applicant shall obtain the necessary permits in compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES). (5) Utilities. (i) All relocation and/or alteration of existing utilities shall be the responsibility of the applicant. (ii) The applicant shall submit a composite utility plan signed and approved by a representative for each public utility company along with the improvement plans. (iii) The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Fire hydrants shall be installed at locations as required by the City Fire Marshal. Utilities shall be extended to the property line frontage of each parcel or its public utility easement. (iv) Any utility trenching in existing streets shall be overlayed to restore a smooth riding surface to the satisfaction of the City Engineer. (6) General. (i) A Preliminary Soils Report shall be prepared for the property to determine the presence of expansive soil or other soil problems and shall make recommendations regarding grading of the proposed site. A final soils report shall be submitted by the soils engineer prior to the final inspection and shall certify that all grading was inspected and approved and that all work done is in accordance with the plans and the preliminary report. (ii) All improvements shall be covered with a one hundred percent (100%) Performance Guarantee and a fifty percent (50%) Labor and Materials Guarantee until the improvements are deemed substantially complete by the City Engineer. Prior to the final inspection of the improvements, and before the other guarantees mentioned in this condition are released, a ten percent (10%) Maintenance Guarantee shall be posted to cover the improvements for a period of one (1) year from the date of the final inspection. The guarantee amounts shall be based on an engineer's estimate submitted by the project engineer and approved by the City Engineer. The Guarantees posted for this project shall be approved by the City Attorney. (iii) A mylar copy and a blue line print of as -built improvement plans, signed by the registered engineer who prepared the plans, shall be provided to the City Engineer prior to the final inspection. (iv) The applicant shall acquire title or interest in any off-site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. (v) All improvements shall be completed or bonded for prior to the approval of the Master Development Plan. If the improvements are to be bonded, the applicant shall enter into a Performance Agreement with the City. The form and content of the Performance Agreement shall be reviewed and approved by the City Engineer and City Attorney. (Ord. 286 § 3 Exh. C, 1995) ITEM NUMBER: DATE: 01-07-03 Attachment 6: 3F Meadows Final EIR This Exhibit is attached as a separate document. Draft Resolution PC 2003-0010 January 7, 2003 Page 1 Attachment 7 Resolution of Master Plan of Development Approval DRAFT RESOLUTION 2003-0010 A RESOLUTION OF THE ATASCADERO PLANNING COMMISSION RECOMMENDING THE MASTER PLAN OF DEVELOPMENT FOR THE PD -11 / 3F MEADOWS PROJECT IS CONSISTENT WITH THE PROJECT EIR AND MITIGATION MONITORING PROGRAM (PD -11 / 3-F Meadows / Shetler Construction) WHEREAS, the City Council approved Lot Line Adjustment 94005 (ATAL 94- 002), Road Abandonment 94-001, and Zone Change 94-0001 on February 28, 1995; and WHEREAS, the City Council certified the Final Environmental Impact Report prepared for the project on February 28, 1995 finding that it is in full compliance with the California Environmental Quality Act; and WHEREAS, Lot Line Adjustment Map 2000-0005 (ATAL 00-192) has been reviewed and found to be in conformance with Lot Line Adjustment Map 94005 (ATAL 94-002) approved by the City Council on February 28, 1995; and, WHEREAS, PD -11 requires a Master Plan of Development to be approved prior to recordation of the final map; and, Draft Resolution PC 2003-0010 January 7, 2003 Page 2 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission finds as follows: Xi 1. The Master Plan of Development shown in Exhibit A and dated 11-14-02 is consistent with PD -11 and the project EIR. 2. The Master Plan of Development shown in Appendix B of the EIR is consistent with PD -11 and the project EIR. 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 David Bentz Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 01-07-03 Exhibit A: 3F Meadows Master Plan of Development ITEM NUMBER: DATE: 01-07-03 Attach maps here ITEM NUMBER: DATE Planning Commission Staff Report Conditional Use Permit 2002-0055 Schulte House Bed and Breakfast 7129 San Gregorio Rd. (Tom and Nancy Cadwell) SUBJECT: 4 n1 _n7_n'1 The proposed project is an application for a Condition Use Permit (CUP 2002-0055) to establish a bed and breakfast at an existing single-family residence. The use would accommodate a maximum of 10 guests (5 guestrooms). No new construction is proposed beyond what is required per the uniform building code for the proposed use. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution No. PC 2003-0002, to approve Conditional Use Permit 2002-0055 to establish a bed and breakfast at an existing residence, subject to the findings, conditions, and exhibits as attached. SITUATION AND FACTS: 1. Applicant: 2. Representative: 3. Project Address: 4. General Plan Designation: 5. Zoning District: 6. Existing Use: 7. Environmental Status BACKGROUND: Tom and Nancy Cadwell Joe Elkins, Architect 7129 San Gregorio Rd. Suburban Estates (SE) Residential Suburban (RS) Residential Mitigated Negative Declaration ITEM NUMBER: 4 DATE: 01-07-03 The subject property was designed in 1983 by architect Marcel Sedletzky. The home was designed to blend in with the natural terrain and follow the contours of the site, minimizing the impacts to trees and natural features of the 4.5 acre site. The design intent was to integrate the indoor and outdoor environments, allowing for ample connections to outdoor balconies and patios. The home, originally commissioned by the Shulte family, was used both as their primary residence and as an office for Mr. Shulte who was a practicing psychiatrist. The home has since been purchased by the applicant. Project Description: The proposed project consists of a request to establish a bed and breakfast at the existing residence. Per the zoning ordinance, and state licensing requirements, the home will remain the primary residence for the applicant. The bed and breakfast will offer no more than 5 guest suites, allowing for a maximum of 10 guests at capacity. No organized events associated with the bed and breakfast will be permitted at the property. STAFF ANALYSIS: 1. Site description: The site, located at 7129 San Gregorio Rd., is an approximately 4.5 -acre parcel with an existing 5,203 square foot main residence, 971 square -foot attached guest apartment, and 976 square foot detached garage and loft. Both the home and site provide a very unique setting which lends itself to both indoor and outdoor entertaining of guests. An indoor swimming pool and game room connects the main living space to the guest suite located in the east wing of the residence. Other home and site amenities include an outdoor fire place and multiple indoor seating alcoves. Guest parking currently exists directly off of the circular drive approach. The site is surrounded on each side by ITEM NUMBER: 4 DATE: 01-07-03 single-family residential lots of the RS zoning designation, ranging in size from approximately 1.2 - acres to 4.2 -acres. 2. General Plan and Zoning: The General Plan designation for the subject parcel is Suburban Estates, with a corresponding Zoning District of Residential Suburban (RS). The proposed bed and breakfast use is allowed with the approval of a Conditional Use Permit. Per zoning code section 9-3.701, a bed and breakfast is defined as: "Transient lodging establishments primarily engaged in providing overnight or otherwise temporary lodging for the general public. Such establishments provide limited meal service, generally breakfast, for lodgers" 3. Project Scope: The proposed bed and breakfast use includes a maximum of 5 guest rooms within the existing residence and loft. In order to comply with applicable state regulations, the applicant would be limited to the use of 5 guest rooms for the bed and breakfast. The guestroom specifications are as follows: Table 3.A Room Specifications Guest Room # Room Area square feet # Beds 1 154 1 2 156 1 3 180 1 4 165 (total 971 sqft suite) 1 5 240 (detached loft) 1 Residents Quarters 210 1 Main Residence Floor Plan ITEM NUMBER: 4 DATE: 01-07-03 �R 5 Guest Suite 4� Pool O �Ir xl} a el a � ' Rec. room 9 � \ F i \ 1`I 7�e 4( + p a e I� 3�F � Y w * guestroom # 5 is located above the detached (refer to site plan) 4. Circulation & Parking ITEM NUMBER: 4 DATE: 01-07-03 The main lot is accessed off of San Gregorio Rd. by way of a 12 -foot wide driveway on a separate 1/4 -acre parcel, which is also owned by the applicant. Currently, two adjoining neighbors also use this driveway for access to their property. The City Engineer has estimated trip generation to be at 4-5 trips per day per guestroom. As a comparison, trip generation for one home is established at 10 trips per day. The residence is located at the end of the shared drive. The property is gated and is connected to a touchpad entry system. There is adequate room at the gate entrance for one car to queue without obstructing access to the adjoining properties. The shared driveway to the project is difficult to enter as it is on a blind curve in San Gregorio Road. A small berm fronts the driveway at San Gregorio Road causing vehicles entering the driveway to slow as they turn off of San Gregorio Road. The shared driveway to the project is currently 12 -feet wide which is too narrow to accommodate two-way traffic. As a solution to this problem, and in order to not compound the existing neighborhood situation, staff is recommending: 1) that signage be appropriately placed to notify visitors of the driveway entrance location and 2) that alterations be made to the drive entrance (See discussion of Neighbor concerns below). ITEM NUMBER: 4 DATE: 01-07-03 The on-site driveway loops through the site accessing the residence and the detached garage/loft before returning to the gate. There is an existing parking area to the left side of the residence which can accommodate guest parking. Parking within this area does not overlap with the current driveway width. The entrance to the site will be properly signed to minimize traffic impacts to the residential neighborhood, as discussed below. 5. Public Health and Safety: Prior to business license issuance, the home will be renovated to comply with all uniform building code requirements. The home provides an adequate number of exits with each guestroom having outdoor access. County Health Department approval shall be required prior to the City granting a business license (Condition # 4). 6. Neighbor Concerns: Staff has met with the two adjacent neighbors who are concerned about certain aspects of the proposed bed and breakfast. The applicants have also met with their neighbors to discuss possible solutions and mitigations. The neighbor concerns are as follows: ❑ Driveway Safety: Neighbors have explained that, in order to pick up their mail, the three residents gaining access from the shared driveway occasionally park in the driveway to collect their mail which is located across the street. Because the 12 foot wide driveway is not wide enough for cars to pass, visitors trying to enter the property must wait on San Gregorio for the drive to clear. San Gregorio is narrow and curves at the point at which the property gains access thus, stopping for long periods of time within the street impedes traffic on San Gregorio. Staff Response: Planning and Engineering staff have reviewed the driveway entrance conditions. While the location of the mail boxes in relation to the property is an existing problem, staff believes that any increases in traffic due to the establishment of a bed and breakfast would further compound the problem. Staff is therefore recommending that the driveway be widened to allow vehicles to temporarily park or pass along the access drive and that the drive centerline be striped. (Condition # 5 & #6) ❑ Light intrusion onto adjacent properties: Neighbors have expressed concerns over additional lighting at the gated entrance to the subject property. Neighbors sharing the access drive want to ensure that there will be no negative effects from night lighting onto their property and that any additional lighting will not be directed toward their homes. Staff Response: No additional lighting is proposed. However, a condition has been added that any future installation of lighting along the property lines, including lighting at the entry ITEM NUMBER: 4 DATE: 01-07-03 gate, will require staff approval to ensure that there are no negative impacts to neighboring residents. (Condition # 7) ❑ Poor site distance along San Gregorio at the entrance: Neighbors are concerned that the location of the main driveway entrance off of San Gregorio poses safety issues associated with drivers who are not familiar with the area. The driveway entrance is located at a curve along San Gregorio, causing site visibility problems for motorists entering the site. Staff Response: The access parcel owned by the applicant measures approximately 50 feet in width along the San Gregorio frontage. Staff is recommending that visibility to the site be increased by 1) appropriately landscaping the access drive to eliminate any visual impairments (Condition # 8 & # 9), 2) requiring the applicant to place appropriate signage at the eastern corner of the access parcel to notify visitors of the entrance approach (Condition # 10). In addition, the driveway widening, as identified below, will improve site ingress and egress. ITEM NUMBER: 4 DATE: 01-07-03 ❑ Guests trespassing onto adjacent properties: Adjoining neighbors are concerned that guests might turn onto the adjacent properties private drive if they cannot locate the entrance to the subject property. Staff Response: Staff is recommending that the applicant install a directionary sign to clearly mark the entrance to the bed and breakfast. In addition, signage shall identify the private driveway entry for the two adjoining residence, with the permission of the property owner, to further delineate access to the Bed and Breakfast. (Condition # 11) ❑ Increases in the number of guests: Neighbors have expressed concerns that the bed and breakfast could accomodate additional guests above the proposed 10 -guest accommodation. Staff Response: Staff has visited the property and reviewed the floor plans and bed and breakfast operation with the applicants. Many of the proposed guest rooms are of a size which would limit the number of guests to two per room, as shown in Table 3-A above. The applicant is not proposing any new construction or expansion of guestrooms. According to the applicant, the creation of family suites will not increase the size of the rooms nor increase the number of guests to be accommodated in each room. The applicant has suggested the possibility of creating a shared space for family members, using existing ITEM NUMBER: 4 DATE: 01-07-03 alcoves throughout the house, which are private and not accessible to other guests. The maximum number of guests that can be accommodated at capacity would remain at ten (10). ❑ Possible caretaker's residence: Neighbors are concerned with the prospect of creating a second residential unit on the property to be used as a caretaker's residence, as stated in the applicant's original proposal. Staff Response: Because the bed and breakfast is linked to an underlying residential use, the establishment of a bed and breakfast will not preclude the applicant or any future owner of establishing a second unit on the property. The applicant agrees with staff and has withdrawn the request for a caretaker's residence. The detached building currently is designed with a garage and restroom facilities on the ground floor and an office space/loft on the upper floor, which can be included as part of the bed and breakfast use providing no major alterations are made to the structure. Any future construction on the premises will be limited to that which is permitted for residential uses within the RS zoning designation. ❑ Aesthetics impacts: Neighbors are concerned with the visual impacts of guest vehicles both entering and leaving the site, and parked within the provided parking area(s). Based on site visits, staff concludes that the parking area located directly to the west of the main residence is not directly visible from adjacent properties. Parking at the detached garage location could potentially be visible from properties to the east of the project location, however, the detached garage only allows for one additional car to be parked outside of the garage structure at any given time. Thus, staff believes that any visual impacts attributed to guest parking are negligible. The applicant will be required to provide landscaping along the shared access drive to eliminate any negative impacts to adjacent residents caused by vehicle headlights (Condition #9). ❑ Air Quality: Neighbors feel that the increase in vehicular travel to and from the site would create cumulative air quality impacts. Standards established in the Air Quality Handbook state that "a project that produces 10 pounds a day of emissions will have a significant effect on air quality." The construction of 35 homes would result in the production of 10 pounds of emissions per day, therefore, the potential addition of 5 vehicles traveling within a range of 4-5 trips/day does not meet the established standards for significant impacts to air pollution. ITEM NUMBER: 4 DATE: 01-07-03 ❑ Emergency Vehicle Access: Neighbors are concerned that emergency vehicles will be impeded by guest parking and the existing entry gate. There are additional concerns that fire response will be delayed or inhibited to both surrounding parcels and the project location with the establishment of the bed and breakfast. The fire marshal and city engineer have reviewed all project plans and proposals. The current guest parking location does not impede the existing driveway. The property is located within the fire departments 5 -minute or less response time area. Plans currently show the location of 3 fire hydrants within the distance required by code. The added driveway width identified above will improve site access to all properties. 7. Noise: Due to the intensification of use, some increase in noise levels should be anticipated with the establishment of a bed and breakfast in a residential area, however it is not anticipated that the use would produce noise levels in excess of what is allowed under the current Noise Ordinance. Furthermore, the home is situated on 4.5 acres and is located below the level of surrounding houses. A small-scale bed and breakfast is considered to be compatible with residential uses and any increases in noise level attributed to 10 additional guests on the property are not expected to be in violation of the City noise ordinance. 8. Environmental Determination: The Initial Study concluded that there would be no significant harm to the environment as a result of this Conditional Use Permit. Mitigation measures and conditions of approval have been incorporated into the project. A proposed Mitigated Negative Declaration has been prepared for the project and certification of the Mitigated Negative Declaration is included in draft Planning Commission Resolution 2003-002. 9. Findings: There are five standard findings required for the approval of a Conditional Use Permit. It is staff s opinion that all of the following findings can be made for the proposed project, subject to the conditions and exhibits as attached. 1. The proposed use is consistent with the General Plan. 2. The proposed use satisfies all applicable provisions of the Zoning Ordinance. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood ITEM NUMBER: 4 DATE: 01-07-03 of the use, or be detrimental or injurious to the property or improvements in the vicinity and the use. 4. The proposed use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. S. The proposed use will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. CONCLUSION: The subject property offers a unique site and home setting which could offer numerous amenities to guests and visitors with the establishment of a bed and breakfast. The neighborhood surrounding the subject property is primarily comprised of large residential lots. The proposed bed and breakfast use is consistent with the General Plan and Zoning Ordinance when allowed by Conditional Use Permit. Staff concludes that the proposed use, as conditioned, is consistent with the residential character of the surrounding neighborhood. ALTERNATIVES: 1. The Planning Commission may add or modify project conditions for the proposed project. 2. The Planning Commission may deny approval of the proposed preschool use if it is found to be inconsistent with the General Plan or if required findings cannot be made. Motions to deny must include a finding for denial. 3. The Planning Commission may continue the hearing and refer the project back to staff for further analysis. Direction should be given to staff and the applicant on required additional information. PREPARED BY: Kelly Davis, Assistant Planner ATTACHMENTS: Attachment 1: Vicinity Map Attachment 2: Site Plan Attachment 3: Lower Floor Plan Attachment 4: Upper Floor Plan Attachment 5: Site Photos Attachment 6: Neighbor response letters Attachment 7: Negative Declaration neighbor comment Attachment 8: Draft Resolution # PC 2003-0002 Exhibit A: Mitigated Negative Declaration ITEM NUMBER: DATE: 01-07-03 Exhibit B: Conditions of approval Exhibit C: Site Plan ITEM NUMBER: DATE: 01-07-03 ATTACHMENT 7 Vicinity Map CUP 2002-0055 ITEM NUMBER: 4 DATE: 01-07-03 ATTACHMENT 2 Site Plan CUP 2002-0055 t0 --PLO s �GKIVC _ FAD --� i 12 At. fkp7x Sao . - \\ � txaiiS• �N. V - }� �L vo ♦ FkVlIRIh �RKN�i //""''``-�� /—.'a,—A[lY.YJ1Flfi H•lU k' 001 ';l • • • , o• 0 � - 1 fay 'l 0 tFj'(w YAHK•+ e 09 FN.t G0 • 4 61%I[AH tht Kow K�iw. \lt 0 ITEM NUMBER: 4 DATE: 01-07-03 ATTACHMENT 3 Lower Floor Plan CUP 2002-0055 ITEM NUMBER: DATE: 01-07-03 ATTACHMENT 4 Upper Floor Plan CUP 2002-0055 ITEM NUMBER: DATE: 01-07-03 ATTACHMENT 5 Site Photos CUP 2002-0055 ITEM NUMBER: DATE: 01-07-03 ATTACHMENT 5 Site Photos CUP 2002-0055 ITEM NUMBER: DATE: 01-07-03 ATTACHMENT 5 Site Photos CUP 2002-0055 ITEM NUMBER: DATE: 01-07-03 ATTACHMENT 5 Site Photos CUP 2002-0055 ITEM NUMBER: DATE: 01-07-03 ATTACHMENT 5 Site Photos CUP 2002-0055 Guestroom #4 - kitchen ITEM NUMBER: DATE: 01-07-03 ATTACHMENT 5 Site Photos CUP 2002-0055 Guestroom #4 — living room Guestroom #4 - bedroom ITEM NUMBER: 4 DATE: 01-07-03 ATTACHMENT 6 Neighbor Response Letters CUP 2002-0055 )�U55 I�i�/l�'f/T • 71155,7# 4'repm Rood-rltoscodero, Cyi 93422 - (905) 455--1738 30 December 2002 Mr. Warren M. Frace, Community Development director Ms. Kelly Davis, Assistant Planner Members, Atascadero City Planning Commission Discussion regarding Application for Conditional Use Permit 2002-0050 I have real mixed emotions regarding this application. A property rights advocate by nature I feel strongly that a man should be able to do whatever he wishes within and upon his property. Provided of course that his intended use does not impact or encroach on his neighbors. In my humble opinion encroach is precisely what is happening. To compound this situation I personally don't believe Planning Staff have been provided appropriate candid accurate information sufficient to perform an informed analysis. The project description as delineated on the Notice of Public Hearing suggests that 5 existing bedrooms are to be converted to a Bed and Breakfast for both permanent residences and guests. Further it suggests that no required construction is anticipated. In reviewing the narrative contained within the project file in the City Planning department this project is described as being conversion of 3 bedrooms; or, conversion of 5 bedrooms: or, conversion of the existing barn for caretakers quarters and 3-5 bedrooms in the existing residence for guests. These discrepancies continue into the Initial Study document for determining the Environmental Declaration. Discussion item 9.b. .12) states that a permanent residence for caretakers as well as 5 guestrooms for patrons is contemplated. Yet in discussion item 12.a. (pq.14) states no new residential units are proposed and 12.b/c. states that no persons will be displaced. Discussion item 15.a/b (pg.lb) limits transient lodging to 5 guest bedrooms. Each of these options creates a specific dynamic. A rather spontaneous meeting on 22 December only added to any confusion or concern. Neighbors were told, by the applicants, of plans to make certain suites of rooms available to families. Also that there had been no opportunity to discuss this among the neighborhood because the City was sort of "rushing" it through; that the applicant anticipates exercising her skills as a gourmet cook; were shown several areas through -out the residence where remodeling and renovation might occur. ITEM NUMBER: 4 DATE: 01-07-03 ATTACHMENT 6 Neighbor Response Letters CUP 2002-0055 Comment on file in the project file in a correspondence from Mr. Joe Elkins suggests no new construction, comment #2 and comment #5 suggests no hot meals are to be available. Further review finds that the City's rush through this process began in March or April at the applicant's request. Duh! Providing suites for family use creates an entirely different dynamic than is afforded by 3 to 5 guestrooms available for single or double occupancy. This property, under review for Conditional Use Permit, was purchased in November of 2000. For a substantial portion of the time since the property has been on the market for sale. It apparently it still is - see attached from 29 December Telegram Tribune. The applicants hove not had, or taken, the opportunity to become neighbors as they live behind a locked gate with an unlisted telephone, work out the area, travel outside of California and the Country and maintain residence in at least one other community. Only one or two even knew the applicant's name. This proposed use cannot be considered an asset to our neighborhood by any definition. In my opinion it is probably not particularly even an asset to the community at large. Rather, it is an offensive intrusion into an old established community of folks - neighbors - comfortably living in a secluded private atmosphere. Some have enjoyed this environment for 20, 40 or 50 years. We know each other, have watched each other's children grow up, watched after each other's pets and livestock, collected each other's mail, comforted one another in sickness and death. This proposed use, single-minded and selfish is an unwarranted trespass into an established residential setting, in my opinion lacking any redeeming value except private gain. I respectfully submit that your obligation as Planning Commissioners is to weigh heavily the "unconditional" uses that already exist on 100% of the surrounding properties. Consider carefully our rights and wishes, the concerns of a small community of friends who have lived here, worked here, participated not just in our neighborhoods growth and development but in the Atascadero community at large. Having paid our dues we plan to stay here and carry on. My plea is simple Reject this proposed Conditional Use Permit application. Short of that, so heavily condition the use that the contiguous 5 properties and greater surrounding neighborhood and their collective lifestyle are amply protected. Thank you for your consideration. Qd�( I'Zuss Wright' ITEM NUMBER: 4 DATE: 01-07-03 ATTACHMENT 6 Neighbor Response Letters CUP 2002-0055 r.•� Inside! Home Features Directory & Map! Find the featured properties fast! PAGE 3 Open House Directory! Find out which houses are open today! PAGE 3 . NpE1MiER 10'r�200;,� Stunning estate Top-of-the-line amenities TASCADERO — This over 2,000 square feet of five -acre gated estate is Mexican paver tiled patio lined with mature and a cite fire pit. There is .eland cypress and California also a barn with interior and oak trees. exterior kennels, heated con - This proper was built in trete floors, a full bath with 984, coZIe of a gated elevated tub for grooming ourtyard and main house and a carpeted loft. totalWtg 3,000 square feet), This home offers too many onnecting recreation wing amenities to 11sN Priced at vith pool table, lap pool and $1,195,000. Please call Mary trium. The private guest Moloney of Coidwell ondo has its own kitchen, BankerVista Associates at rving room, bedroom, bath 805-471-5363 for more nd dressing room (totalling information or to ,000 square feet). There is schedule a tour. ITEM NUMBER: 4 DATE: 01-07-03 ATTACHMENT 6 Neighbor Response Letters CUP 2002-0055 Conditions Requested to be placed on CUP 2002-0050 Including but not limited to the following: First and foremost that someone start telling the truth. this would at least let Planning staff adequately analyze this application 2. A privacy fence from existing solid tree screening across easterly P.L. to shoulder of hill. Then a fence of sufficient materials to prevent access by two footed and four transient guests be installed from the termination of privacy fence to southerly P.L. similar requirements should also apply to properties to the North and East. 3. Appropriate signs of a size and placement that clearly direct traffic (vehicle and foot) away from adjacent private property. this should be included in the aggregate total allowable signage square footage. 4. An appropriate sign defining which is "Private drive". this too should be included in aggregate total square footage. 5.The entrance to common driveway at San Gregorio be cleared, widened and paved to an adequate width such that two ordinary sized vehicles can pass safely. 6. The driveway from Son Gregorio to the point at which it divides be widened and paved sufficient for two ordinary vehicles can pass safely. Appropriate stripping should be provided to delineate entrance and exit lanes. 7. The driveway portions on applicant's property be maintained and groomed such that allowed ingress and egress is not diminished or impeded in any way. 8. Fire sprinklers in fact be installed and maintained operational. ITEM NUMBER: 4 DATE: 01-07-03 ATTACHMENT 6 Neighbor Response Letters CUP 2002-0055 December, 30'" 2002 To Warren Frace and The Planning Commission: Re: Cadwell B&B application. First, I would like to say that the application has so many discrepancies in it, I don't see how it can even be evaluated correctly by the Planning Commission. I quote from a letter dated 3/13/2002 titled: Project Intention, Application for Conditional Use Permit: "Owner plans to offer only 3 Suites for rental in the upcoming year, reserving the eastern bedroom wing for family use." The applicant told me that they want 5 bedrooms permitted for use and that the eastern bedroom wing would be rented to families. That is two different stories and I don't know which, if either is true. The Architecture Report from N. Joe Elkins has many discrepancies in it. Item #2 calls for "conversion of barn to caretakers residence." The application states no new construction. How can a barn become a residence without construction? And what does the second residence have to do with a B & B application? Item #3 calls for a 3 by 4 -foot sign; however, the applicant told me that a 2 food oval sign would be used. Which is it? Item #5 states "Hot meals are not intended" however, I was told by the applicants how they love to cook for and entertain guests and that they plan to cook for the guests. Are hot meals to be served, or not? Item #6 calls for 5 bedrooms with 10 guests. Is it 3 rooms or 5 rooms? Item #7 states that "Fire sprinklers were installed." This may not be accurate. I never saw sprinklers in the house and was told by the applicant that they would contest this requirement due to the great expense involved. Item#9 States "All improvements are shown and exist now. No work is proposed." Again I ask, how does a barn become a residence without work being done? I would also like to point out that there is a single lane road that provides ingress and egress for not only the applicant's property but also for two other homes one of which is mine. This entrance is very dangerous and will not provide enough room for vehicles entering and exiting at the same time. This is an accident waiting to happen and increased traffic with unfamiliar drivers will only cause that accident to happen sooner. Near miss accidents already occur regularly. I have a real estate license and know how the game works. This home has been on the market for the last year and did not sell. This application could be a realtor's wish list of added amenities to help market this property. The character of our neighborhood will be ITEM NUMBER: 4 DATE: 01-07-03 ATTACHMENT 6 Neighbor Response Letters CUP 2002-0055 severely damaged forever if this application is not denied. Please have all the true facts before you when a decision is made. Only then will that decision be appropriate. This is a single-family residential lot. Zoning district: Residential Suburban General Plan Description: Rural Estates. That is the intended purpose of this area. These properties were purchased for that specific reason. Acreage, privacy, room for livestock and safety. A business in our neighborhood can only be detrimental to everyone except the applicant. I don't feel that one persons desires should be allowed to negatively affect the entire neighborhAWo od fo reve ve. - Arthur T Appleby DF hr�ce a C Debra A Appleby 7125 San Gregorio Road Atascadero, CA ITEM NUMBER: 4 DATE: 01-07-03 ATTACHMENT 6 Neighbor Response Letters CUP 2002-0055 December 31, 2002 To: Warren Frace and The Planning Commission Re: Cadwell B&B application This is my second letter to you; however, new news has come out that I feel is quite relevant. While reading the Sunday 12/29/2002 Tribune I saw a real estate ad for the property in question. When I called Mary Moloney of Coldwell Banker Vista Associates in San Luis Obispo she told me that this property is now available for sale. She also said that the owners were in the process of "adding more value to the property" by getting a Bed and Breakfast License and adding a second residence to the grounds. These added amenities would increase the asking price, she said, so I should not waste any time if I want to make an offer on this property. This does not support many of the statements made by the applicants with regards to living here in Atascadero and running a Bed and Breakfast. Again I ask that all the true facts be known before any decision is made. )�4-- Arthur Appleby I 7/OS' San %reg,orio lZoa� RECEIVED DEC 3 1 2002 COMMUNITY DEVELOPMENT ITEM NUMBER: 4 DATE: 01-07-03 ATTACHMENT 7 Negative Declaration Neighbor Comment CUP 2002-0055 i;�U55 WR/lfi'T - 7//5.5117 f'reFori0 Rood-,atoscode", 671 .93422 - (805) 455--/738 30 December 2002 Mr. Warren M. Froce, Community Development Director Ms. Kelly Davis, Assistant Planner Members, Atascadero City Planning Commission Challenge to Draft Negative Declaration #2002-0050 I would like to formally challenge the proposed negative declaration finding, in general, as delineated for a Conditional Use permit at 7129 San Gregorio Rd. Finding 1. The project does not have the potential to degrade the Environment. This project, in each of its various conceptions, has every potential for environmental degradation. First, by the dramatic change to the rural secluded nature of the neighborhood. Secondly, by the potential marked increase of addition automobile traffic into and through the private portion of neighboring properties. Finding 2. The project will not achieve short-term to the disadvantage of long- term environmentalgoals. What in the world did somebody just say ?? Finding 3. The project does not have impacts which are individually limited, but cumulatively considerable. Precisely the opposite is true. One guest in one vehicle, individually may be a limited impact. But, however, the cumulative effect of five groups in potentially more than one vehicle each, has the probability of a great impact. Finding 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. This project already has! The sporadic infusion of transients, outsiders to an otherwise secluded rural and private neighborhood, will undoubtedly greatly encumber each permanent resident to one degree or another. The cumulative effects of an increase in vehicle traffic on an already limited access will surely effect ingress and egress of existing users; the unwanted sightseers who may be, 1) non -guest visitors who are merely curious or, 2) registered guest visitors who, for whatever reason, are unable to access the locked gate. Additionally there will be substantial adverse effects by the invasion of the private portions of at least three adjacent properties by every single vehicle entering ITEM NUMBER: 4 DATE: 01-07-03 ATTACHMENT 7 Negative Declaration Neighbor Comment CUP 2002-0055 and leaving project site. This situation compounded at night by required headlights. Any increase in staff or support or service vehicles will only exacerbate an untenable situation (additional discussion relating - in review of specifics of Initia/Study). Apart from the vehicular impacts the seasonal stream upon project site extends beyond the property boundaries onto two adjacent properties. This invites trespass on the pretense of viewing and enjoying a great variety of flora and fauna. Registered guests may very well find the variety of domestic and exotic livestock inviting to include in an evening or morning stroll. One would expect that outside nighttime activities could be easily controlled. But appropriate necessary additional outside lighting along travel -ways, walkways or in parking areas have every probability of stretching beyond project boundaries. These are but a few of the direct adverse effects. Indirect adverse effects are probably for the most part immeasurable. With the exception of the potential increase in petty crime. A survey of several Bed and Breakfast facilities in North County and the Napa Valley suggests an increase in auto break-ins and vandalism and an increase in property vandalism. Although it can not been directly connected to Bed and Breakfast activity itself, it is a curious correlation. I strongly urge Planning Staff to re -consider a finding for a Negative Declaration and find, at least, that a Mitigated Negative Declaration is more appropriate. Support for this position as follows: 1. AESTHETICS c) potential significant impact. There is in fact no place on the entire project site, except indoors, when vehicles will not be visible from surrounding adjacent properties - often even from within existing residences. Traversing onto and off of project compounds that visibility. Such travel after dark extends this intrusion into adjacent homes. A single sign, even of "natural materials," will not in and of itself prevent guests and sightseers from straying onto adjacent properties. Particularly if either is unable to access the locked gate. d) potentially significant impact. Existing lighting is not the 'potential" problem. Any additional lighting prudent to safe movement on and around project site is the potential and probable impact. 3. AIR QUALITY`. How can the introduction of five or more additional vehicles each making numerous trips in and out of project site not add 'cumulative" net of any pollutant? 7. HAZARDS AND HAZARDOUS MA TERIALS: g/h) potential significant impact. There is presently nothing designating a fire lane. Doing so to existing paved area will probably eliminate hypothetical guest parking spaces. Lacking any clearly delineated parking spaces the present driveway could easily be ITEM NUMBER: 4 DATE: 01-07-03 ATTACHMENT 7 Negative Declaration Neighbor Comment CUP 2002-0055 utilized in a fashion that makes it impassable for emergency apparatus. Cumbersome access to the electric gate and a situation that might require multiple entries (volunteers responding to a structure fire: EMT and Ambulance response to a swimming pool accident) has every potential of impeding an orderly response. Delay in some emergency response to project site could easily extend a situation to neighboring properties. Particularly fire in our heavily wooded environment. The nearest fire hydrant is nearly 1000 feet away. 9. LAND USE AND PLANNING: b) potential significant impact. A small scale B&B and combined residence is in NO way compatible with surrounding neighborhood character. There are NO populations of persons on any neighborhood property that come close to the potential scale proposed - particularly if, as the applicant has indicated to some, their intentions of providing suites for families. The exception is the Rancour House which houses 6 developmentally disabled adults but whose use predates Atascadero as a City. 11. NOISE a) potential significant impact. What are established standards, or applicable standards for a rural neighborhood? How then does a multiplier of 5 in the case of vehicles and a factor of 10 in the case of persons not compromise those standards? And those multipliers increase by an unknown if in fact suites are made available to families. c) potential significant impact. Existing use for all practical purposes by an absentee or part-time owner/occupant. One of the applicants works away from the area, the only child away at school. Introduction of 5 (or more) additional vehicles and 10 (or more) adults and/or children will, without question, dramatically increase ambient noise levels from what exists now. d) potential significant impact. Sharp increases in ambient noise levels will certainly occur each and every arrival and departure of each and every vehicle each and every one of the several trips. 15 TRANSPORTATIONITRAFFIC. a) potential significant impact. A survey of eight existing North County Bed and Breakfast facilities, three in South County and three in Napa Valley suggests that 4 to 6 trips per guest is not unusual if check-in times were mid-afternoon or later. Even more vehicle trips are common if check-in time are earlier in the day. An Atascadero City employee who owns a North County B&B confirms 4-6 trips as probably conservative. This could result in an additional 20 to 30 vehicle trips by drivers probably unfamiliar with winding country roads. Additional vehicle trip will surely develop with out -source services; i.e. cleaning, landscape maintenance, pool care. c/d) significant impact. These are not "potentially" significant: it is an existing safety concern that will certainly be exaggerated by any introduction of additional vehicles. This portion of San Gregorio Road is a blind tight corner. Eastbound traffic can not see ITEM NUMBER: 4 DATE: 01-07-03 ATTACHMENT 7 Negative Declaration Neighbor Comment CUP 2002-0055 West bound traffic until committed to a left turn. Westbound traffic approaches from a long downhill straight section historically traveling much faster than most might realize. If an Eastbound vehicle continues around the corner a sufficient distance to clearly observe oncoming traffic it is probably now obscured from any other vehicle approaching from the rear. The overgrowth of vegetation at the mouth of the driveway often conceals any vehicle leaving, particularly compact cars. The narrow construct of the driveway prevents two vehicles to pass conveniently even when inside off the San Gregorio right-of-way. This driveway is currently common to three properties. The possibility of 20 to 30 additional guest vehicle trips is untenable. There will also be an undetermined number of additional staff/support vehicles. The majority of potential liability would undoubtedly occur within the San Gregorio right-of-way. f) less than significant with mitigation. There may be adequate space available if appropriately delineated. But consideration must be given to a configuration that adequately preserves emergency access. 17.MAAIDA TORY FINDINGS OF SI6NIFICANCF discussion) this statement is not true. Not individually and not cumulatively. Again I urge the Atascadero Planning Staff to reconsider granting a Negative Declaration. At the very least a Mitigated Negative Declaration is appropriate. Thank you for your consideration. sell H. Wright ATTACHMENT 8 Draft Resolution CUP 2002-0055 DRAFT RESOLUTION NO. PC 2003-0002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A CONDITIONAL USE PERMIT FOR THE ESTABLISHMENT OF A BED AND BREAKFAST AT AN EXISTING RESIDENCE IN THE RESIDENTIAL SUBURBAN ZONING DISTRICT (CUP 2000-0055; Tom and Nancy Cadwell, 7129 San Gregorio Rd.) WHEREAS, An application has been received from Tom and Nancy Cadwell to consider Conditional Use Permit 2002-0055 to allow the establishment of a Bed and Breakfast at 7129 San Gregorio Rd.; and, WHEREAS, the proposed project is located within the Rural Estates land use designation of the City of Atascadero's General Plan Land Use Diagram; and, WHEREAS, the proposed project is located within the Residential Suburban (RS) zoning district where a bed and breakfast use is subject to the approval of a Conditional Use Permit; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Conditional Use Permit; and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Conditional Use Permit application on January 7, 2003 at 7:OOpm, 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 Certification of the Proposed Mitigated Negative Declaration. The Planning Commission finds as follows: 1. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project's mitigation monitoring program as conditions of approval; and, 2. The project will not achieve short-term to the disadvantage of long term environmental goals; and, 3. The project does not have impacts which are individually limited, but cumulatively Resolution PC 2002-0078 December 17,2002 Page 2 of 5 considerable; and, 4. The project will not cause substantial adverse effects on human beings either directly or indirectly; and, SECTION 2. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project is consistent with the General Plan; and, 2. The proposed project satisfies all applicable provisions of the Zoning Ordinance; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. The proposed project will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and, 5. 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 of Conditional Use Permit. The Planning Commission does hereby approve Conditional Use Permit 2002-0055 allowing the establishment of a bed and breakfast within an existing residence at 7129 San Gregorio Rd. (APN 049-183-010, 011), consistent with the following Exhibits: EXHIBIT A: Mitigated Negative Declaration EXHIBIT B: Conditions of approval EXHIBIT C: Site Plan Resolution PC 2002-0078 December 17,2002 Page 3 of 5 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) ABSENT: (0) ABSTAIN: (0) CITY OF ATASCADERO, CA David Bentz Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Resolution PC 2002-0078 December 17,2002 Page 4 of 5 EXHIBIT A: MITIGATED NEGATIVE DECLARATION CUP 2002-0055 Resolution PC 2002-0078 December 17,2002 Page 5 of 5 EXHIBIT B: CONDITIONS OF APPROVAL CUP 2002-0055 Condition of Approval Timing Responsibility CUP 2002-0055 /Monitoring 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 Standard Conditions 1. The approval of this use permit shall become final and On Going PS effective for the purposes of issuing building permits, provided the required conditions of approval have been satisfied, fourteen (14) days following the Planning Commission approval unless prior to 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 Conditional Use Permit shall be valid for On Going PS twelve (12) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the applicant has received a business license or applied for an extension of entitlement. 3. The granting of this Conditional Use Permit shall On Going PS apply to APN 049-183-010, 011, regardless of owner. Project Conditions 4. San Luis Obispo County Health Department approval BL PS shall be required prior issuance of a city business license. 5. Prior to business license issuance, the applicant shall be BL PS, CE required to widen the driveway to a width of 20 feet, subject to the approval of the City engineer. 6. The applicant shall stripe the centerline of the access BL PS, CE drive, subject to the approval of the City engineer. 7. Any additional lighting to be located along the property On Going PS line or at the entrance gate shall require staff approval to insure no negative effects of light or glare onto to adjacent properties. 8. Landscaping at the intersection of San Gregorio and the BL PS, CE shared driveway shall be designed appropriately to allow adequate site distance to and from the site. 9. Prior to business license issuance, the applicant shall BL PS install 12 shade trees along the access drive and shall provide landscaping appropriately designed to shield headlight intrusion to adjoining properties, subject to Resolution PC 2002-0078 December 17,2002 Page 6 of 5 Condition of Approval Timing Responsibility CUP 2002-0055 Mitigation Monitoring Program /Monitoring /Monitoring Measure PS: Planning Services OP: Grading Permit BP: Building Permit BL: Business License BS: Building Services BP: Building Permit FD: Fire Department TO: Temporary Occupancy PD: Police Department PD: Police Department FO: Final Occupancy CE: City Engineer F0: Final Occupancy BL: CE: City Engineer WW: Wastewater Business License CA: City Attorney planning staff approval. 10. Bed and breakfast signage shall be placed at the BL PS eastern corner of the access parcel to direct visitors to AMWC: Water Comp. the entrance approach and shall be subject to planning BL PS, CE staff approval. Signage shall: widen the private driveway located on lot 10 to a width of 20 feet. ■ Be constructed of wood or a similar material Mitigation Measure 15.d.2: The applicant shall be required to ■ Not exceed 4 square feet PS, CE 15.d.2 ■ Not exceed 42 inches in height ■ Utilize reflective materials for the lettering and Mitigation Measure 15.d.3: A landscape plan shall be required BL address numbers 15.d.3 and shall include the installation of 12 15 -gallon shade trees 11. The applicant shall provide "private drive" signage for BL PS the adjacent properties access way, with the permission of adjacent property owners. approval. The landscape plan shall also include shrub 12. Placement of a knox box at the entry gate shall be plantings designed to screen any light or glare onto adjacent subject to the approval of the fire marshal. Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure CUP 2002-0055 OP: Grading Permit BP: Building Permit BS: BuildingPlanningServices TO: Temporary Occupancy FD: Fire Department Fl: Final inspection PD: Police Department 7129 San Gre orio Rd. g F0: Final Occupancy BL: CE: City Engineer Business License WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 15.d.1: The applicant shall be required to BL PS, CE 15.d.1 widen the private driveway located on lot 10 to a width of 20 feet. Mitigation Measure 15.d.2: The applicant shall be required to BL PS, CE 15.d.2 stripe the centerline of the private driveway on lot 10. Mitigation Measure 15.d.3: A landscape plan shall be required BL PS 15.d.3 and shall include the installation of 12 15 -gallon shade trees double staked along the shared access drive, subject to staff approval. The landscape plan shall also include shrub plantings designed to screen any light or glare onto adjacent properties. Mitigation Measure 15.d.4: Bed and breakfast signage shall be BL PS 15.d.4 placed at the eastern corner of the access parcel (Lot 10) to direct visitors to the entrance approach and shall clearly identify the B&B. Resolution PC 2002-0078 December 17,2002 Page 7 of 5 EXHIBIT C: SITE PLAN CUP 2002-0055 too aM —rn rXlXb - b,• O O s c0. � a i j . 11 Md IQ t� o• A� � 0 i \x --"L KIS ITEM NUMBER: DATE Planning Commission Staff Report Conditional Use Permit 2002-0083 Pesenti Residence Height Exception 9075 Mountain View Dr. SUBJECT: 3 n1 _n7_n'1 The proposed Conditional Use Permit (CUP 2002-0083) is a request to grant a height exception for a single-family residence in the RSF-Y zone. The home is proposed to be a maximum of 40.5 feet in height from finished grade, with a height average of 37.5 feet. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution No. PC 2003-0001, to approve Conditional Use Permit 2002-0083 to grant a height exception for a new single-family residence in the RSF-Y zone, subject to the findings, conditions, and exhibits as attached. SITUATION AND FACTS: 1. Applicant: Steve and Mikelee Pesenti 2. Representative: Jack Hanauer, Architect 3. Project Address: 9075 Mountain View Drive 4. General Plan Designation: Single Family Residential (SFR) 5. Zoning District: Residential Single Family (RSF-Y) 6. Existing Use: Single family residence 7. Environmental Status: Categorical Exemption CEQA section 15303 Class 3 ITEM NUMBER: 3 DATE: 01-07-03 STAFF ANALYSIS: 1. Project Description: The site, located at 9075 Mountain View Drive, is an approximately .6 -acre parcel and is currently developed as a single-family lot. The site is surrounded on each side by single-family residential lots of the RSF-Y zoning designation, ranging in size from approximately .3 -acres to 5 -acres. The single-family residence, which currently exists on the site, will be demolished to allow for the construction of the proposed residence. As designed, the pitch of the roof increases the height of the residence 10.5 above what is permitted by zoning. The designer has stated that the setbacks could potentially be increased to the distance required to qualify for a 10 foot height adjustment, however, as designed, the residence would exceed this allowance by 6 -inches, thus not qualifying for the administrative height adjustment. Additionally, the designer has stated that repositioning the home would disrupt natural drainage patterns across the site and would increase the overall amount of site grading. The residence, measured at its proposed maximum height would reach 40.5 feet from finished grade to the top of the roof ridgeline. 2. General Plan and Zoning: The General Plan designation for the subject parcel is Single Family Residential, with a corresponding Zoning District of Residential Single Family (RSF-Y). The request for a height exception on a single-family residence is allowed with the approval of a Conditional Use Permit. 3. Appearance and Neighborhood Character: The residence meets the code required setbacks and is proposed as follows: Front: 35 feet South Side: 5 feet North Side: 27 feet Rear: 93 feet As designed, the proposed residence incorporates a number of architectural elements which de- emphasize the vertical height of the structure and present a more human scale along the main facades of the residence. Such elements include a covered porch with unique roof pitch, roof dormers, and a varied roofline. The layering of the house and porch is designed to provide visual interest and combat the vertical height of the residence. The unique roof pitch and trim, in combination with decorative columns and railing, provide depth and creates dynamic plays of light and shadow, thus bringing attention to the lower portion of the home. The varied roofline and added roof dormers reduce the perceived mass of the proposed project. The residence proposes to include a variety of fagade materials including wood siding, natural rock, and lattice siding. The surrounding residential parcels range from medium to large lot sizes. The homes in the immediate area are a mixture of older and newer custom homes and range in scale from one to two ITEM NUMBER: 3 DATE: 01-07-03 stories. The terrain is moderately sloped with building pad elevations varying for each individual parcel. 4. Public Safety: The Fire Marshal has determined that the proposed height of the residence will not diminish the capabilities of lifesaving equipment in the case of an emergency. 5. Environmental Determination: The project has been determined to qualify for a Class 3 Categorically Exemption under the provisions of the California Environmental Quality Act (CEQA section 15303; Class 3; New construction or conversion of small structures). 6. Findings: There are five standard findings required for the approval of a Conditional Use Permit. It is staff s opinion that all of the following findings can be made for the proposed project, subject to the conditions and exhibits as attached. 1. The proposed use is consistent with the General Plan; and, 2. The proposed use satisfies all applicable provisions of the Zoning Ordinance; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to the property or improvements in the vicinity and the use; and, 4. The proposed use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and, S. The proposed use will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. In addition to the standard findings listed above, further findings must be made for the approval of a height exception. It is staff's opinion that these findings can also be made for the proposed project. 6. Thep roposed project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties; and, 7. The modified height will not exceed the lifesaving equipment capabilities of the Fire Department. ITEM NUMBER: 3 DATE: 01-07-03 CONCLUSION: The proposed residence, although in excess of the residential height requirement, is sited and designed in such a way as to minimize the perceived height and mass of the building. The proposed residence reaches its highest point along the northern elevation, where the setback for the nearest side property line is 27 -feet. The added architectural detailing and variation of roofline reduce the perceived mass and scale of the residence as a whole and present a sense of proportion along all facades. Due to the proposed placement and height modulation of the residence, Staff concludes that the residence as designed will not result in substantial detrimental effects to the neighboring residents and will be in keeping with established neighborhood character. ALTERNATIVES: 1. The Planning Commission may add or modify project conditions for the proposed project. 2. The Planning Commission may deny approval of the proposed preschool use if it is found to be inconsistent with the General Plan or if required findings cannot be made. Motions to deny must include a finding for denial. 3. The Planning Commission may continue the hearing and refer the project back to staff for further analysis. Direction should be given to staff and the applicant on required additional information. PREPARED BY: Kelly Davis, Assistant Planner ATTACHMENTS: Attachment 1: Vicinity Map Attachment 2: Preliminary Site Plan Attachment 3: Elevations Attachment 4: Architectural Rendering Attachment 5: Neighbor Letters Attachment 6: Draft Resolution # PC 2003-0001 Exhibit A: Conditions of Approval Exhibit B: Preliminary Site Plan Exhibit C: Elevations ATTACHMENT 1 Vicinity Map CUP 2002-0083 ITEM NUMBER: 3 DATE: 01-07-03 ATTACHMENT 2 Preliminary Site Plan CUP 2002-0083 J to PL ITEM NUMBER: DATE: 01-07-03 ATTACHMENT 3 Elevations CUP 2002-0083 11111 be �I ITEM NUMBER: DATE: 01-07-03 ATTACHMENT 3 Elevations CUP 2002-0083 ITEM NUMBER: 3 DATE: 01-07-03 ATTACHMENT 4 Architectural Rendering CUP 2002-0083 ITEM NUMBER: 3 DATE: 01-07-03 ATTACHMENT 5 Neighbor Comment Letters CUP 2002-0083 H. Dieter & Jeanette Heinz 9090 Mountain View lhivc Atascadcro. California 93422 Phone 805,166.7331 27 December 2002 City of Ataccadcro Community Ikvelopm nt Ikpartment 6500 Palma Avenue Atascadcro, California 93422 Subject: Steve and Mikelcc Pescnti 9075 Mountain Vices Drivc We have received notice of a public hearing to consider a height exception for the applicants listed above. We live across the street from Mr. & Mrs. Pcsrnti. We have no objection to the height of their proposed home. Sirtcercl�, 11. Dieter I Icinz and Jeanette I Icin? 9090 Mountain Vic%• Drive Atascadcro, California 93422 REC7�C' DEC COW ROW MVELOMAENT ITEM NUMBER: 3 DATE: 01-07-03 ATTACHMENT 5 Neighbor Comment Letters CUP 2002-0083 Mora Landscaping 9125 Mourn Vwe. Clrvu • CA 93422 - (O 5) 461 4899 • Lc 0470360 Dec 22, 2002 Planning Department Atascadero, Ca 93422 Re Pesanb Project /Mountain View Or. We are writing this letter on behalf of the Pesanti's building protect located next door to us We reside at 9125 Mountain View We are aware of their current plans and are in support of the pians and any current amendments We do not object to the placement of their new home or the height of the hone We will be glad to give any feedback necessary to get their prosect approved Please callus Thank You Sincerely ��-: ti—•L 4-�-- j 1 i.r' 1- • — Robert and Sandra Mora ATTACHMENT 6 Draft Resolution CUP 2002-0083 DRAFT RESOLUTION NO. PC 2003-0001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A CONDITIONAL USE PERMIT TO GRANT A HEIGHT EXCEPTION FOR A SINGLE FAMILY RESIDENCE IN THE RESIDENTIAL SINGLE FAMILY ZONING DISTRICT (CUP 2000-0083; The Pesenti Residence; 9075 Mountain View Drive) WHEREAS, An application has been received from Steve Pesenti to consider Conditional Use Permit 2002-0083 to grant a height exception for a single family residence at 9075 Mountain View Drive; and, WHEREAS, the proposed project is located within the Single Family Residential land use designation of the City of Atascadero's General Plan Land Use Diagram; and, WHEREAS, the proposed project is located within the Residential Single Family (RSF-Y) zoning district where a residential height exception is subject to the approval of a Conditional Use Permit; and, WHEREAS, a Categorical Exemption, under the California Environmental Quality Act (CEQA) section 15303 New Construction or Conversion of Small Structures, Class 3, has been prepared; and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Conditional Use Permit application on January 7, 2003 at 7:00 p.m., and considered testimony and reports from staff, the applicants, and the public; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project is consistent with the General Plan; and, 2. The proposed project satisfies all applicable provisions of the Zoning Ordinance; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, Resolution PC 2003-0001 January 7, 2003 Page 2 of 5 4. The proposed project will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and, 5. 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. 6. The proposed project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties; and, 7. The modified height will not exceed the lifesaving equipment capabilities of the Fire Department. SECTION 2. Approval of Conditional Use Permit. The Planning Commission does hereby approve Conditional Use Permit 2002-0083 to grant a height exception to a single-family residence located at 9075 Mountain view Drive. (APN 056-311-002), consistent with the following Exhibits: EXHIBIT A: Conditions of Approval EXHIBIT B: Preliminary Site Plan EXHIBIT C: Elevations On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: Resolution PC 2003-0001 January 7, 2003 Page 3 of 5 AYES: NOES: AB SENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA David Bentz Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Resolution PC 2003-0001 January 7, 2003 Page 4 of 5 EXHIBIT A: CONDITIONS OF APPROVAL CUP 2002-0083 Condition of Approval Timing Responsibility CUP 2002-0083 /Monitoring 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 Standard Conditions 1. The approval of this use permit shall become final and On Going PS effective for the purposes of issuing building permits, provided the required conditions of approval have been satisfied, fourteen (14) days following the Planning Commission approval unless prior to 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 Conditional Use Permit shall be valid for On Going PS twelve (12) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the applicant has received a business license or applied for an extension of entitlement. 3. The granting of this Conditional Use Permit shall On Going PS apply to APN 056-311-002, regardless of owner. Resolution PC 2003-0001 January 7, 2003 Page 5 of 5 EXHIBIT B: SITE PLAN CUP 2002-0083 Resolution PC 2003-0001 January 7, 2003 Page 6 of 5 EXHIBIT C: ELEVATIONS CUP 2002-0083 Resolution PC 2003-0001 January 7, 2003 Page 7 of 5 EXHIBIT C: ELEVATIONS CUP 2002-0083 ITEM NUMBER: 1 DRAFT DATE: 1/7/03 CITY OFATASCADERO PLANNING COMMISSION MINUTES Regular Meeting December 17, 2002 — 7:00 P.M. CALL TO ORDER Chairman Bentz called the meeting to order at 7:00 p.m. and Commissioner Jones led the Pledge of Allegiance. ROLL CALL Present: Commissioners Eddings, Jones, Kelley, Porter, Fonzi and Chairman Bentz Absent: None Staff: Community Development Director Warren Frace, City Engineer Steve Kahn, Associate Planner Glenn Rider, Planning Services Manager Steve McHarris, Assistant Planner Kelly Davis and Recording Secretary Grace Pucci. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON DECEMBER 3, 2002. MOTION: By Vice Chairman Fonzi and seconded by Commissioner Kelley to approve the Consent Calendar. AYES: Commissioners Fonzi, Kelley, Jones, Porter and Chairman Bentz NOES: None ABSTAIN: Commissioner Eddings Motion passed 5:0 by a roll -call vote. Chairman Bentz polled the public regarding agenda items and suggested placing Item # 5 as the first public hearing item. There was Commission consensus to move Item #5, CUP 2002-0073. PUBLIC HEARINGS 2. CONDITIONAL USE PERMIT 2002-0073 Applicant: First Assembly of God, 5545 Ardilla Road, Atascadero, CA 93422 Project Title: Conditional Use Permit 2002-0073: First Assembly of God Preschool Project 5545 Ardilla Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 030-182-001 Project Hearing to consider a proposal for a Conditional Use Permit (CUP 2002-0073) to establish a Description: preschool with a capacity of 50 children in an existing church facility. The school will use existing facilities and does not require any new construction. General Plan Designation: SFR -Z (Single -Family Residential 1.5 — 2.5 acre min lot area) Zoning District: RSF-Z (Single -Family Residential 1.5 — 2.5 acre min lot area Community Development Director Warren Frace provided the staff report and answered questions of the Commission. PUBLIC COMMENT Director Frace stated a letter from neighbors in the 5600 block of Ardilla Road had been distributed to the Commission. (Exhibit A) Lisa Zeesa, 3288 B Rio Vista Lane, Director and founder of Little Lambs Preschool, made several comments regarding traffic issues: 1) The school will keep enrollment at 50 students per day, 2) 16 of the 50 children are siblings and will be riding to the school together, and 3) drop off and pick up times are earlier and later than the High School and North County Christian. Regarding the noise issue, there is a specific daily schedule followed at the preschool that limits the number of children on the playground at one time. Ms. Zeesa answered questions of the Commission. Rick Comstock, 5475 Vega Avenue, Pastor of First Assembly of God Church, discussed how the preschool will meet the needs of working parents in the community and addressed the issue of access to the church property. Mr. Comstock answered questions of the Commission. Gary Lund, 5600 Ardilla Road, stated that he lives directly across the street from the Church and is concerned about traffic issues in the area as well as the entrance into the parking lot, which he feels may pose a safety problem. Mr. Lund was disappointed that he had received no notice of the proposed preschool. Nicole Firt, 5580 Ardilla Road, indicated that she lives across from the proposed preschool and has several safety concerns: 1) Northern exit is unsafe due to a large dip in the road and speeding motorists, 2) fencing for the walkways to the playgrounds, 3) speed limit on Ardilla, and 4) traffic impacts on Santa Lucia. Rick Comstock apologized to Mr. Lund and stated that he had attempted unsuccessfully to meet with him several times. Mr. Comstock indicated that he understands the traffic concerns and addressed several issues raised by the previous speakers. Chairman Bentz closed the Public Comment period. There was Commission discussion regarding traffic and speed limit concerns on Ardilla Road. Commissioner Kelley suggested adding a condition to the project directing the engineering department to look into the conditions on Ardilla Road to determine if it would qualify for the 25 miles per hour speed limit, and if so, that the church be responsible for the cost of the signage. MOTION: By Commissioner Eddings and seconded by Commissioner Kelley to adopt Resolution No. PC 2002-0078, to approve Conditional Use Permit 2002-0073 to allow Little Lambs Preschool to operate within existing church facilities, subject to the findings, conditions and exhibits as attached with an additional condition directing the Public Works Department to investigate whether a 25 mile per hour speed limit could be posted and enforced. AYES: Commissioners Eddings, Kelley, Jones, Porter, Fonzi and Chairman Bentz NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. 3. ZONE CHANGE 2002-0031 / TENTATIVE TRACT MAP 2002-0015: Applicant: William Mehring, 11190 Santa Lucia, Atascadero, CA 93422 Project Title: Zone Change 2002-0031/Tentative Tract Map 2002-0025 Project 9105 & 9127 San Diego Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 045-441-035, 045-441-004 Project Hearing to consider a proposal for a Zone Change (ZCH 2002-0031) to establish a, Description: and gain approval for a Tentative Tract Map (TTM 2002-0015) to adjust two existing lots of record into five new parcels. The property is located in the City Of Atascadero. The project will gain access from San Diego Road. General Plan Designation: Rural Estates Zoning District: Residential Suburban Proposed PROPOSED NEGATIVE DECLARATION 2002-0046: Environmental Based on the findings of the initial study, the Community Development Department Determination recommends that the Planning Commission find that no significant harm would come to the environment from approval of this project. The proposed Negative Declaration is available for public review at 6500 Palma Avenue, Community Development Department, Room 104, from 8:00 a.m. to 5:00 p.m., Monday through Friday (Glenn Rider, Project Manager) (Recommend Approval) Associate Planner Glenn Rider provided the staff report and answered questions of the Commission. PUBLIC COMMENT William Mehring, 11190 Santa Lucia Road, applicant, gave a brief history on the project and stated that the open space easement is intended to preserve trees, but he would be interested in developing the parcel next to the opens space if the zoning is ever changed to permit development at that site. Chairman Bentz asked Mr. Mehring if he would agree to be responsible for maintenance of the access driveway. Mr. Mehring stated that he would. Chairman Bentz closed the Public Comment period. MOTION: By Commissioner Kelley and seconded by Commissioner Jones to adopt Resolution No. PC 2002-0072, recommending the City Council certify proposed Negative Declaration 2002-0046 prepared for Zone Change 2002-0031 and Tentative Tract Map 2002-0015; and adopt Resolution No. PC 2002-0073 recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2002-0031; and amend the City's Zoning Map to add a PD 16 overlay district to the project area; and adopt Resolution PC 2002-0074 to approve the Conditional Use Permit 2002-0089, a Master Plan of Development for the project site consistent with PD -16; and, adopt Resolution No. PC 2002- 0075 recommending the City Council approve Tentative Tract Map 2002-0015, a request to subdivide a 10 acre and a 4 acre lot into five parcels; three at 2.69 acres, one at 2.93 acres, and one at 3.03 acres, all acreages gross, based on findings and subject to conditions with the following amendments: 1. Amend Condition No. 11 on page 67 to read: Applicant to provide 2" full width asphalt overlay on San Diego Road across the entire property frontage prior to recordation of the final map; and, 2. A road maintenance agreement will be required for the project. AYES: Commissioners Kelley, Jones, Porter, Eddings, Fonzi and Chairman Bentz NOES: None ABSTAIN: None Motion passed 6: 0 by a roll -call vote. 4. CONDITIONAL USE PERMIT 2002-0076: Applicant: Gary Bang, 7950 El Camino Real, Atascadero, CA 93422 Project Title: Conditional Use Permit 2002-0076: 21,840 square foot commercial building on a 1.17 acre lot. Project 7935 San Luis Avenue, Atascadero, CA 93422 (San Luis Obispo County) APN 030-241-061 Location: Project Hearing to consider a proposal for a Conditional Use Permit (CUP 2002-0076) to Description: establish a commercial retail use located in a structure over 10,000 square -feet. The proposed project includes one new commercial building, parking lot and landscaping on a 1.17 -acre vacant lot. The proposed project will require grading quantities of approximately 2,000 cubic yards of fill. The building site is relatively level containing no native trees. The project will gain access from San Luis Avenue. General Plan Designation: Service Commercial Zoning District: Commercial Service Proposed PROPOSED NEGATIVE DECLARATION 2002-0041: Environmental Based on the findings of the initial study, the Community Development Department Determination recommends that the Planning Commission find that no significant harm would come to the environment from approval of this project. The proposed Mitigated Negative Declaration is available for public review at 6500 Palma Avenue, Community Development Department, Room 104, from 8:00 a.m. to 5:00 p.m., Monday through Friday Steve McHarris, Planning Services Manager) (Recommend Approval Chairman Bentz announced that Vice Chairman Fonzi would be stepping down from consideration of Items No. 4. and 5. Planning Services Manager Steve McHarris provided the staff report and City Engineer Steve Kahn made a presentation on circulation/traffic issues; both answered questions of the Commission. PUBLIC COMMENT Robert Fisher, 8665 Mirada Lane, architect for project, stated the applicant is in agreement with the conditions of approval. Roberta Fonzi, 7880 Sinaloa, expressed concern regarding the driveway closest to Curbaril, she feels there might be a problem when motorists attempt to make a left turn at that corner and suggested that driveway be make an entrance only. Bill Bright, 11875 Santa Lucia, inquired whether San Luis Avenue would be widened or striped. City Engineer Steve Kahn stated that the area in question is utilized as a park and ride lot maintained and operated by Cal Trans. Mr. Kahn indicated that he would contact Cal Trans regarding increased delineation for that area. Frank Buckley, 8735 Junipero, felt that the kiosk proposed for the property did not serve any purpose and did not fit with the architecture of the town. He suggested landscaping that area instead of the kiosk. Chairman Bentz closed the Public Comment period. Commissioner Eddings asked the applicant to respond to the questions raised by the previous speakers. Robert Fisher responded in reference to the kiosk, and stated that it was something the Bangs wanted for the property and not required by the city. Russ Thompson, Project Engineer, referred to the driveway issue and stated that San Luis Avenue has a low traffic volume and the driveway is reasonably set back. Commissioner Eddings complimented the applicants and their team on a first class job on this project. MOTION: By Commissioner Eddings and seconded by Commissioner Kelley to adopt Resolution No. PC 2002-0069 certifying proposed Mitigated Negative Declaration 2002-0041 and approving Conditional Use Permit 2002-0076 subject to the findings, conditions and exhibits as attached and limiting hours of construction to 7:00 a.m. to 7:00 p.m. Monday through Friday, and 9:00 a.m. to 6:00 p.m. on Saturday. AYES: Commissioners Eddings, Kelley, Porter, Jones and Chairman Bentz NOES: None ABSTAIN: None Motion passed 5:0 by a roll -call vote. Commissioner Kelley stated that this is going to be a beautiful building and a great addition to the town. Chairman Bentz expressed his appreciation for the effort made to deal with the problem of circulation. Chairman Bentz recessed the hearing at 8:25 p.m. Chairman Bentz called the meeting back to order at 8:37p.m. 5. CONDITIONAL USE PERMIT 2002-0069/ VESTING TENTATIVE TRACT MAP 2002-0025: Applicant: Walgreen Company, 200 Wilmont Road, Deerfield, IL 60015 William Henry & Associates LLC, 1030 Country Club Drive, Suite E., Moraga, CA 94556 Project Title: Conditional Use Permit 2002-0069: 13,650 and 3,500 square foot commercial buildings. Vesting Tentative Tract Map 2002-0025: creation of two parcels from seven existing lots of record Project 8005 El Camino Real, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 030-141-063, 065, 064, 041, 075, 054, 076 Project Hearing to consider a proposal for a Conditional Use Permit (CUP 2002-0069) to establish a Description: commercial retail use located in a structure over 10,000 square -feet, adopt a Master Plan of Development as required by the General Plan at this location, and gain approval for a Vesting Tentative Tract Map (TTM 2002-0025) to adjust seven existing lots of record into two new parcels. Two new retail commercial buildings are proposed, consisting of a +/- 13,650 square -foot retail building with a pharmacy drive-through, a detached +/- 3,500 square -foot secondary commercial building, a parking lot and landscaping on 1.68 and 0.27 acre parcels respectively. The building site is currently developed with existing legal non- conforming single family residences and commercial structures. The proposed project will require demolition of 7 existing structures and grading quantities of approximately 100 cubic yards of cut and fill. The property is located in the City Of Atascadero, on the southeast corner of Curbaril Road and El Camino Real, extending to Junipero Road. The Associate Planner Glenn Rider provided the staff report and City Engineer Steve Kahn reported on the circulation/traffic element and drainage. PUBLIC COMMENT Bill Henry, EHA Atascadero, applicant/representative, gave a brief overview of the project and its history and described Walgreen's operation. Mr. Henry answered questions of the Commission. James Blonde, 8820 Junipero, expressed his concerns regarding traffic on Junipero, and drainage onto Curbaril and El Camino Real. John Carden, 8755 Curbaril, stated his concerns with traffic on Curbaril, noise from the 24 hour drive through pharmacy, native tree preservation on the site, and screening the windows on the left side of the building with evergreen trees to prevent the lights from the store disturbing surrounding residents. Dr. Christine Carden, 8755 Curbaril, supported her husband's comments regarding traffic and the Curbaril driveways. She also asked about the hours of construction for this project as well as the construction noises in the early morning hours. Roberta Fonzi, 7880 Sinaloa, stated that she likes the project and congratulated the developer on doing some infill. She expressed her concerns regarding the Curbaril traffic issues. Bill Bright, 11875 Santa Lucia, stated his concerns with over building in the town and the subsequent store closures Atascadero has experienced. He cautioned the Commission to look further ahead and consider whether Atascadero could support another pharmacy. Shannon Brimage, 8715 Junipero Ave., addressed the issue of traffic and felt that this project would not add to it significantly. She also felt that the drainage issue has been adequately addressed. Diana Larsen, 153 Honey Way, Templeton, President of the Schools Insurance Program for Employees, which owns the property on the corner of Curbaril and El Camino Real, spoke about the problems their organization has had with the property and felt this project was an excellent solution. Bill Henry, applicant/representative addressed the concerns raised by the previous speakers. Chairman Bentz closed the Public Comment period. project will gain access from El Camino Real, Curbaril Avenue, and Junipero Road. General Plan Designation: General Commercial Zoning District: Commercial Retail Proposed PROPOSED NEGATIVE DECLARATION 2002-0043: Environmental Based on the findings of the initial study, the Community Development Department Determination recommends that the Planning Commission find that no significant harm would come to the environment from approval of this project. The proposed Negative Declaration is available for public review at 6500 Palma Avenue, Community Development Department, Room 104, from 8:00 a.m. to 5:00 p.m., Monday through Friday (Glenn Rider, Project Manager) (Recommend Approval) Associate Planner Glenn Rider provided the staff report and City Engineer Steve Kahn reported on the circulation/traffic element and drainage. PUBLIC COMMENT Bill Henry, EHA Atascadero, applicant/representative, gave a brief overview of the project and its history and described Walgreen's operation. Mr. Henry answered questions of the Commission. James Blonde, 8820 Junipero, expressed his concerns regarding traffic on Junipero, and drainage onto Curbaril and El Camino Real. John Carden, 8755 Curbaril, stated his concerns with traffic on Curbaril, noise from the 24 hour drive through pharmacy, native tree preservation on the site, and screening the windows on the left side of the building with evergreen trees to prevent the lights from the store disturbing surrounding residents. Dr. Christine Carden, 8755 Curbaril, supported her husband's comments regarding traffic and the Curbaril driveways. She also asked about the hours of construction for this project as well as the construction noises in the early morning hours. Roberta Fonzi, 7880 Sinaloa, stated that she likes the project and congratulated the developer on doing some infill. She expressed her concerns regarding the Curbaril traffic issues. Bill Bright, 11875 Santa Lucia, stated his concerns with over building in the town and the subsequent store closures Atascadero has experienced. He cautioned the Commission to look further ahead and consider whether Atascadero could support another pharmacy. Shannon Brimage, 8715 Junipero Ave., addressed the issue of traffic and felt that this project would not add to it significantly. She also felt that the drainage issue has been adequately addressed. Diana Larsen, 153 Honey Way, Templeton, President of the Schools Insurance Program for Employees, which owns the property on the corner of Curbaril and El Camino Real, spoke about the problems their organization has had with the property and felt this project was an excellent solution. Bill Henry, applicant/representative addressed the concerns raised by the previous speakers. Chairman Bentz closed the Public Comment period. Commissioner Jones commended staff on their work with the traffic patterns and allowing for truck deliveries behind buildings. He would like to have staff work with the applicant regarding neighbors concerns over light pollution and the use of trees to screen the windows. Commissioner Jones stated that this was an excellent project overall, which addresses some real problems in that area. Commissioner Eddings agreed with Commissioner Jones comments, and stated that within the community there are many underdeveloped commercial/retail properties, most of which will need to deal with the same problems raised tonight when they are finally developed. He does not feel it is the Planning Commission's job to regulate competition, the marketplace will determine which retail businesses will survive. Commissioner Kelley indicated that he likes the project, but stated his concern with traffic issues. He felt that a traffic signal at Junipero should be mandatory for the project. Commissioner Kelley stated that he would like to see the traffic problems resolved with a definite answer on what will be occurring there. City Engineer Steve Kahn addressed the drainage concerns raised by several speakers. Richard Poole, Associated Traffic Engineers, stated his organization looked at the Omni Study and the project as proposed, and discussed traffic concerns for the site. Chairman Bentz commented that he agreed with the City Engineer's assessment that the traffic signal would be installed and the circulation improved, and he supports the project. Commissioner Porter asked about a time frame for the overall project and the dual left turn lanes. City Engineer Steve Kahn stated that the turn lane project would be programmed for the 2003/2005 budgets, and with all approvals in place the lanes could be in sometime late next summer. MOTION: By Commissioner Kelley and seconded by Commissioner Eddings to adopt Resolution No. PC 2002-0076 certifying proposed Mitigated Negative Declaration 2002-0043 and recommending that the City Council approve Conditional Use Permit 2002-0069, a Master Plan of Development subject to the findings, conditions and exhibits as attached, and adopt Resolution No. PC 2002- 0077 recommending that the City Council approve Vesting Tentative Tract Map 2002-0025, subject to findings and conditions of approval. AYES: Commissioners Kelley, Eddings, Jones, Porter and Chairman Bentz NOES: None ABSTAIN: None Motion passed 5:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None COMMISSIONER COMMENTS & REPORTS Commissioner Eddings thanked staff for their hard work on the Gary Bang project. Commissioner Kelley thanked staff for the very complete packages the Commission has been receiving. Commissioner Fonzi referred to the tree report on the Walgreens project and felt it was a very empirical report, complex and complete. She suggested staff come up with a similar form which could be given to tree removal applicants. ADJOURNMENT Chairman Bentz adjourned the meeting at 9:45 p.m. to the next regularly scheduled meeting on January 7, 2003. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary The following exhibit is available for review in the Community Development Dept.: Exhibit A — Letter from neighbors in the 5600 block of Ardilla Road \\Cityhall\CDvlpmnt\— PC Minutes\PC Minutes 02\PC Minutes 12.17.02.gp.doc Planning Commission Staff Report — Community Development Department Acceptance of Final Parcel Map # 2002-0046/ AT 02-0234 3650 Traffic Way (Skibo / Wilson Land Surveys) RECOMMENDATION Staff recommends: 1. The Commission accept the Final Map #2002-0029; and DISCUSSION Tentative Parcel Map #2002-0029 was approved by the Planning Commission on October 15, 2002. The approval allowed for the division of an existing 2.01 acre lot into two parcels of 1.00 acres and 1.01 acres each. One of the parcels is developed with a single-family residence and the other parcel will be developed in the future. All Conditions of Approval imposed by the Planning Commission for Final Map recordation have now been satisfied. FISCAL IMPACT None RESPONSIBLE DEPARTMENT Community Development Department ATTACHMENTS Attachment A --Approved Tentative Parcel Map Planning Commission Staff R Public Hearing ITEM NUMBER: 5 DATE: 01-07-03 ort Zone Change 2002-0037 Code Text Amendment of Planned Development #11 (3F Meadows Fire Protection Standards) (Castlerock Development) SUBJECT: The project consists of a proposed text amendment to PD -11 (Section 9-3.656(b) Fire Department Conditions of Approval). The proposed amendments would clarify the fire protection standards during construction phases and for model homes. The proposed draft text is available for review at the Planning Department. The proposed amendment is identified in Attachment 2. RECOMMENDATION: Staff Recommends: 1. The Planning Commission adopts resolution PC 2003-0009 thereby recommending to City Council approval of Zone Change 2002-0037. SITUATION AND FACTS: 1. Applicant: Castlerock Development, a CH Corporation, 202 H3 Tank Farm Road, San Luis Obispo, CA 93401 2. Representative: Dean Coker 3. Project Location: Oak Ridge Estates at 3F Meadows 812 acres located west of the end of San Marcos Road 4. General Plan Designation: Rural Estates 5. Zoning District: Residential Suburban / PD -11 ITEM NUMBER: 5 DATE: 01-07-03 6. Existing Use: Unimproved subdivision currently under construction. 7. Environmental Status: CEQA Exemption by Statute Section 15061. The project will have no significant effect on the environment. DISCUSSION Back ground: The original 3-F Meadows Ranch project was approved by the City Council in February of 1995 and allowed for the reconfiguration of 115 Atascadero Colony Lots within an 802 acre site. The overall project required the following series of actions to be approved: 1. Lot Line Adjustment map (LLA 94005 / LLA 2000-0005) 2. Zone Change (ZC 94-001) which created a planned development zoning district #11 over the project area. 3. Colony road abandonments and road realignments (RA 94-001). 4. Certification of the Final Environmental Impact Report (SCH 94061014). The project resulted in the reconfiguration of 111 existing residential lots on approximately 546 acres with three open space lots totaling approximately 256 acres and one remaining lot for a future water tank to serve the project. The project approval allowed for the phased construction of improvements and lot development. Since the project's approval in 1995, the property has been sold by the Davis Family Trust and is now controlled by Castlerock Development. In July of 2001, Castlerock applied for a construction permit (BLD 2002-1056) to build the road and utility improvements for Phase I of the project. That building permit was issued in the summer of 2002 following a City Council appeal. The first phase roads are currently under construction. Anal Approval of the 3F Meadows project included a Planned Development overlay rezone to PD -11. Since the overall project was a lot line adjustment, which allows for only limited conditioning, most of the project conditions were incorporated into PD -11. Section 9-3.656(b) of PD -11 deals exclusively with Fire Department fire protection standards (refer to Attachment 3). The Fire Protection standards were specifically written to address fire protection standards at project completion but did not address interim measures during the construction phase. In order for the project to meet the required fire flow standards, a new water tank will need to be constructed by Atascadero Mutual Water Company within the project area. The construction of this tank is in process and is expected to be completed in the next 12 -months. However, the ITEM NUMBER: DATE: 01-07-03 applicant would like to start construction of model homes prior to tank completion, which requires combustible materials to be brought on site. PD -11 requires that a fire flow of 1000 gallons for 120 minutes be provided anytime combustible materials on present on site. This standard cannot be met until the water tank is completed. While staff and the applicant agree that this is a necessary standard at residential occupancy, interim measures during construction would be acceptable and have been allowed in other locations in Atascadero. PD -11 is written in such a way that the Fire Chief does not have the flexibility to approve any interim fire protection plans for the project. The proposed text amendment has been reviewed by the Fire Chief and would provide the ability to approve interim fire protection plans. Proposed changes to the Planned Development text are shown with a double underline and strike . Planned Development 11 proposed Text Amendment (b) Fire Department. (1) Water Supply. (i) Prior to final occupancy release by the City, the T -he minimum required fire flow is, shall be one thousand (1000) gallons per minute at twenty (20) psi residual pressure for a one -hundred -twenty (120) minute duration in residential development, or as approved by the Fire Chief. The required fire flow will increase, as provided in UFC Appendix III -A, based on square feet of residential construction, with a fifty percent (50%) fireflow credit for automatic sprinkler systems. Verification must be provided from water company or fire department records in established areas or by a proof of design test at the completion of new on-site water main construction. Homes designated strictly as model homes and/or sales offices, but with no residential occupancy, shall be granted exemption from the required fire flow as approved by the Fire Chief. (ii) Underground fire service mains and appurtenances shall conform to NFPA 24 minimum standard and plans are reviewed by the Fire Department prior to installation. The underground main size shall be a minimum of eight (8) inch \A/ester mains and fire hydrants will be installed and in con ii no prier to diameter. ���� �rstalT ��� heginniRg nemb stihle nenotn Untien If combustible building materials are used, the water si innly mains and hydrontc shall be des-'qRed, iRstalled, tested, flushed and approved by the Fire DepaFtMeR a temporary onsite water tank with an approved Fire Department connection shall be installed prior to any stockpiling or installing any combustible materials. (iii) Fire Hydrants. The minimum number and distribution of fire hydrants is one (1) hydrant every five hundred (500) feet as provided in UFC Appendix III -B. The fire hydrant will be Atascadero Mutual Water Company specification with one four ITEM NUMBER: 5 DATE: 01-07-03 and one-half (41/2) inch and one or more two and one-half (21/2) inch outlets. Existing hydrants may be adequate, provided they consist of a minimum of one four and one-half (41/2) inch and one two and one-half (21/2) inch outlet. New hydrant color will be Safety Yellow for public right-of-way and Safety Red for private right-of-way. All hydrants in the public right-of-way to have "Blue Dot" highway reflector installed on the adjacent street of driveway to clearly identify the fire hydrant location. (iv) The dwellings shall be equipped with a residential automatic fire sprinkler system. The sprinkler system will be designed and installed according to NFPA Pamphlet No. 1 3D. The fire department requires a minimum one (1) inch water meter for residential sprinkler systems. (2) Fire Apparatus Access. (i) If combustible construction materials are used, all required public access roadways shall be completed to a minimum width of twenty (20) feet, or as described in subsections (a.) and (b.) below, capable of supporting forty thousand (40,000) pounds, with an all-weather surface, to within one hundred fifty (150) feet of all stockpiles and all sides of buildings with combustible construction. The access roadways to be posted "No Stopping/Fire Lane" and shall not be used for the storage of materials. Proposed private roads, driveways or extensions of existing roads shall be designed and constructed as follows: a. Single-family residential access road. A vehicular access to more than one parcel or vehicular access to a single parcel with more than two (2) buildings or more than three (3) dwelling units shall be twelve (12) feet width for one-way traffic and sixteen (16) feet width for two-way traffic. The road shall also provide for a ten (10) foot fuel modification area on each side. b. Driveway. A vehicular access to a single parcel with one (1) or two (2) buildings, having no more than three (3) dwelling units on a single parcel and any number of accessory buildings. Length lRequired Width 0-49 feet 112 feet 50--99 feet 114 feet Greater than 200 feet 116 feet (Note 1 and Note 2) NOTE: 1. For driveways exceeding three hundred (300) feet, turnaround shall be provided at the building site and must be within fifty (50) feet of the dwelling. ITEM NUMBER DATE: 01-07-03 2. For driveway exceeding eight hundred (800) feet, a turnout shall be provided at the midpoint or every four hundred (400) feet. ITEM NUMBER DATE: 01-07-03 3F Meadows Project Summary 802± acres 115 Colony Lots 111 proposed units 9r.Q Mi+roc of AM M CM9/+X% Phase 9 3F Meadows PDA I San Marcos Road Extension ITEM NUMBER: 5 DATE: 01-07-03 Conclusion: The proposed text amendment would not change any of the development requirements of PD -11 but would provide the Fire Chief with the ability to approve interim fire protection plans during construction phases. These types of interim fire protection plans are allowed under the Uniform Fire Code and have been approved for other projects not subject to PD -11. ALTERNATIVES: 1. The Planning Commission could approve the text amendment with modifications. 2. The Planning Commission could refer the project back staff for additional analysis. The Commission should specifically identify the issues that need to be analyzed. 3. The Planning Commission could deny the text amendment. PREPARED BY: Warren Frace, Community Development Director ATTACHMENTS: Attachment 1 Location Map Attachment 2 Draft Resolution of Approval Attachment 3 Adopted Planned Development 11 Code Text ITEM NUMBER DATE: 01-07-03 Attachment 1: Location Map Draft Resolution PC 2003-0009 January 7, 2003 Page 1 of 6 Attachment 2: Draft Resolution, ZCH 2002-0037 DRAFT RESOLUTION NO. PC 2003-0009 A RESOLUTION OF THE ATASCADERO PLANNING COMMISSION RECOMENDING THE TO THE CITY COUNCIL APPROVAL OF ZONE CHANGE 2002-0037 AMENDING THE FIRE PROTECTION STANDARDS OF PLANNED DEVELOPMENT 11 (3F MEADOWS) ZCH 2002-0037: Code Text Amendment of Planned Development #11 (317 Meadows Fire Protection Standards) WHEREAS, an application has been received from Castlerock Development, 202 H3 Tank Farm Road, San Luis Obispo, CA 93401 (Applicant) and K&M Holding Corporation, 1225 Watercress Way, Arroyo Grande, CA 93420 (Owner), to consider an amendment to Section 9-3.656(b) of Planned Development #11 fire protection standards also known as 3F Meadows; and, WHEREAS, the site's General Plan Designation is RE (Rural Estates); and, WHEREAS, the site's zoning district is RS/PD-11 (Residential Suburban with a Planned Development overlay #11); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Code Text to protect the health, safety and welfare of its citizens by applying orderly development of the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said zoning amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on January 7, 2003, studied and considered Zone Change 2002-0037 recommended Council approval, and, Draft Resolution PC 2003-0009 January 7, 2003 Page 2 of 6 NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. FINDINGS FOR STATUTORY EXEMPTION TO CALIFORNIA ENVIRONMENTAL QUALITY ACT 1. Consistent with Section 15061(b)(3) of the California Environmental Quality Act the Planning Commission finds that the proposed project has no potential for causing a significant effect on the environment. SECTION 2. FINDINGS FOR APPROVAL OF A ZONE CHANGE AMENDING PD -11. The Planning Commission finds as follows: Amendment of development standards for PD -11 is warranted to promote the orderly development of the project. SECTION 3. RECOMMENDATION OF APPROVAL. The Planning Commission of the City of Atascadero, in a regular session assembled on January 7, 2003 resolved to recommend that the City Council introduce for first reading an ordinance that would amend Planned Development #11 consistent with the following: Section 9-3.656(b) Fire Department. (1) Water Supply. (i) Prior to final occupancy release by the City, the T e minimum required fire flow is shall be one thousand (1000) gallons per minute at twenty (20) psi residual pressure for a one -hundred -twenty (120) minute duration in residential development, or as approved by the Fire Chief. The required fire flow will increase, as provided in UFC Appendix III -A, based on square feet of residential construction, with a fifty percent (50%) fireflow credit for automatic sprinkler systems. Verification must be provided from water company or fire department records in established areas or by a proof of design test at the completion of new on-site water main construction. Homes designated strictly as model homes and/or sales offices, but with no residential occupancy, shall be granted exemption from the required fire flow as approved by the Fire Chief. (ii) Underground fire service mains and appurtenances shall conform to NFPA 24 minimum standard and plans are reviewed by the Fire Department prior to installation. The underground main size shall be a minimum of eight (8) inch diameter. 0nstalled and in seFVino prior to honinnin- nnrnb stable nr,nStFUntien Draft Resolution PC 2003-0009 January 7, 2003 Page 3 of 6 If combustible building materials are used, hyrl shall be- desfq,Ted, iRStalled, tested; required fire flow at all phases a temporary onsite water tank with an approved Fire Department connection shall be installed prior to any stockpiling or installing any combustible materials. (iii) Fire Hydrants. The minimum number and distribution of fire hydrants is one (1) hydrant every five hundred (500) feet as provided in UFC Appendix III -B. The fire hydrant will be Atascadero Mutual Water Company specification with one four and one-half (41/2) inch and one or more two and one-half (21/2) inch outlets. Existing hydrants may be adequate, provided they consist of a minimum of one four and one-half (41/2) inch and one two and one-half (21/2) inch outlet. New hydrant color will be Safety Yellow for public right-of-way and Safety Red for private right-of-way. All hydrants in the public right-of-way to have "Blue Dot" highway reflector installed on the adjacent street of driveway to clearly identify the fire hydrant location. (iv) The dwellings shall be equipped with a residential automatic fire sprinkler system. The sprinkler system will be designed and installed according to NFPA Pamphlet No. 1 3D. The fire department requires a minimum one (1) inch water meter for residential sprinkler systems. (2) Fire Apparatus Access. (i) If combustible construction materials are used, all required public access roadways shall be completed to a minimum width of twenty (20) feet, or as described in subsections (a.) and (b.) below, capable of supporting forty thousand (40,000) pounds, with an all-weather surface, to within one hundred fifty (150) feet of all stockpiles and all sides of buildings with combustible construction. The access roadways to be posted "No Stopping/Fire Lane" and shall not be used for the storage of materials. Proposed private roads, driveways or extensions of existing roads shall be designed and constructed as follows: a. Single-family residential access road. A vehicular access to more than one parcel or vehicular access to a single parcel with more than two (2) buildings or more than three (3) dwelling units shall be twelve (12) feet width for one-way traffic and sixteen (16) feet width for two- way traffic. The road shall also provide for a ten (10) foot fuel modification area on each side. b. Driveway. A vehicular access to a single parcel with one (1) or two (2) buildings, having no more than three (3) dwelling units on a single parcel and any number of accessory buildings. Draft Resolution PC 2003-0009 January 7, 2003 Page 4 of 6 Length Required Width 0-49 feet 112 feet 50--99 feet 14 feet Greater than 200 feet 16 feet (Note 1 and Note 2) NOTE: 1. For driveways exceeding three hundred (300) feet, turnaround shall be provided at the building site and must be within fifty (50) feet of the dwelling. 2. For driveway exceeding eight hundred (800) feet, a turnout shall be provided at the midpoint or every four hundred (400) feet. (ii) Fire apparatus access roads shall have an unobstructed vertical clearance of not less than thirteen (13) feet and six (6) inches. Driveways shall have not less than fifteen (15) feet of vertical clearance. (iii) Fire apparatus access roads and driveways shall be designed and maintained to support the imposed loads of forty thousand (40,000) pounds at twenty-five (25) miles per hour, and shall be provided with a surface so as to provide all-weather driving capabilities. (iv) The turning radius of a fire apparatus access road shall have a horizontal inside radius curvature of not less than twenty-eight (28) feet inside radius and forty-eight (48) feet outside radius. (v) All dead-end fire apparatus access roads in excess of one hundred fifty (150) feet in length shall be provided with approved provisions for turning around of fire apparatus. The bulb or cul-de-sac radius shall not be less than forty (40) feet. The hammer -head T shall extend a minimum of thirty (30) feet to each side of the centerline of the entry road and be eighteen (18) feet wide. The turnaround shall extend forty (40) feet from the entry road and be a minimum of eighteen (18) feet wide. Where parcels are zoned five (5) acres or larger, turnarounds shall be provided at intervals of approximately one thousand three hundred twenty (1,320) feet, or as approved by the Fire Chief. Each dead-end road shall have a turnaround constructed at its terminus. (vi) The minimum level of improvement is determined by the grade of the access road or driveway providing access from the road to the building site or parking area as follows (UFC 10.204): Surface Iminimurn Grade All -Weather liess than 12 percent Nonskid (Note 1) 12 percent to 16 percent Draft Resolution PC 2003-0009 January 7, 2003 Page 5 of 6 Nonskid (Note 2) over 16 percent Note 1. Surface shall be asphalt or concrete in the City of Atascadero Engineering Standard Specifications and Drawings including a nonskid finish (brushed concrete or equivalent pavement). Note 2. A driveway/access road that would provide a grade greater than sixteen percent (16%) and less than twenty percent (20%) and is designed by a Registered Civil Engineer may be considered on a case-by-case basis by the Fire Chief. (vii) The maximum length of dead-end road, including all dead-end roads accessed from the dead-end roads, shall use the following cumulative lengths as a guideline for approval by the Fire Chief, regardless of the number of parcels served: Parcels less than 1 acre 800 feet Parcels 1 ac. to 4.66 ac. 1320 feet Parcels 5 ac. to 19.99 ac. 2640 feet Parcels 20 + ac. 5290 feet All lengths shall be measured from the edge of the roadway surface at the intersection that begins from the road to the end of the dead-end road surface at its farthest point. Where a dead-end road crosses areas of differing zones, the shortest allowable length shall apply. (3) Fuel Management. All parcels shall comply with the fire department's wildland fuel management program. The hazardous vegetation that the program is concerned with is seasonal and recurrent in nature. Therefore, the operation of the program is planned on a continuous annual basis. Draft Resolution PC 2003-0009 January 7, 2003 Page 6 of 6 BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA David Bentz Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Attachment 3: Adopted Planned Development 11 Code Text 9-3.656 Establishment of Planned Development Overlay Zone No. 11: (PD1 1). The Planned Development Overlay Zone No. 11 is established as shown on the official zoning maps (Section 9-1.102). The conditions of development are established: Conditions of Approval: (a) Planning Division. (1) To ensure conformance with the provisions of the PD -11 Overlay Zone, a Master Plan of Development shall be prepared which satisfies all of the following conditions prior to the recordation of any final document implementing Lot Line Adjustment 94-005. The Master Development Plan shall consist of the 1 "=40' feet plans entitled "Precise Road Alignment/Lot Grading Plan" amended and supplemented as required by these conditions. (2) A Mitigation Monitoring Program, prepared in conformance with the Mitigation Monitoring Plan contained in the final EIR for this project, shall be prepared and implemented prior to the commencement of any construction. Preparation of the Mitigation Monitoring Program shall be the financial responsibility of the applicant. (3) The applicant shall demonstrate, to the satisfaction of the City Attorney, that adequate title and/or interest has been obtained for the existing Colony rights-of- way within the project boundary prior to approval of the Master Development Plan. (4) The Master Development Plan shall show the location of building envelopes, leach field areas, and driveways for lots whose average slope exceeds thirty percent (30%). The building, leach field and driveway locations shall be subject to the review and approval of the Community Development Director. (5) Open space easements to provide wildlife corridors shall be provided in conformance with the recommendations of the Final EIR. Limits on fencing and other detrimental uses within easement areas shall be restricted by the project CC and R's. The location of the easements and CC and R restrictions shall be subject to the review and approval of the Community Development Director. (6) The "Open Space" lots (Lots A, B and C) as shown on Exhibit B shall be offered for dedication to the City. (7) Road Abandonment 94-001 shall be completed and all necessary documents shall be recorded prior to, or simultaneously with the recordation of any final document(s) implementing LLA 94-005. (8) Retaining walls shall be used wherever feasible to reduce the amount of grading necessary for the construction of roads and homes. Grading plans shall be reviewed by the City Engineer and Community Development Director to ensure that proposed grading does not exceed that necessary to develop the site. (9) Road maintenance agreements, in a form approved by the City Attorney, shall be prepared and recorded for each group of lots which share a driveway or other common access. The agreements may be made a part of the CC and R's, or may be recorded as deed restrictions, or may be recorded as separate road maintenance agreements. (10) The applicant shall prepare a Comprehensive Restoration Plan (CRP) as part of the road improvement plans. The CRP shall be prepared by a qualified professional and shall address plant lists, planting methods (to include slope preparation, mulching and slope protection), and a maintenance program, including weed control and irrigation. The CRP shall be reviewed and approved by the City Engineer and Community Development Director prior to the issuance of permits for road construction. (11) The lot line adjustment shall not result in the establishment of any greater number of lots that are nonconforming due to lot size than currently exists. The lot line adjustment shall not result in the establishment of any lot which is smaller than the smallest currently existing Colony lot within the subject site. (b) Fire Department. (1) Water Supply. (i) The minimum required fire flow is one thousand (1000) gallons per minute at twenty (20) psi residual pressure for a one -hundred -twenty (120) minute duration in residential development. The required fire flow will increase, as provided in UFC Appendix III -A, based on square feet of residential construction, with a fifty percent (50%) fireflow credit for automatic sprinkler systems. Verification must be provided from water company or fire department records in established areas or by a proof of design test at the completion of new on-site water main construction. (ii) Underground fire service mains and appurtenances shall conform to NFPA 24 minimum standard and plans are reviewed by the Fire Department prior to installation. The underground main size shall be a minimum of eight (8) inch diameter. Water mains and fire hydrants will be installed and in service prior to beginning combustible construction. If combustible building materials are used, the water supply mains and hydrants shall be designed, installed, tested, flushed and approved by the Fire Department prior to any stockpiling or installing any combustible materials. Water supply systems for phased construction shall provide the required fire flow at all phases. (iii) Fire Hydrants. The minimum number and distribution of fire hydrants is one (1) hydrant every five hundred (500) feet as provided in UFC Appendix III -B. The fire hydrant will be Atascadero Mutual Water Company specification with one four and one-half (4'/2) inch and one or more two and one-half (2'/2) inch outlets. Existing hydrants may be adequate, provided they consist of a minimum of one four and one-half (4'/2) inch and one two and one-half (2'/2) inch outlet. New hydrant color will be Safety Yellow for public right-of-way and Safety Red for private right-of-way. All hydrants in the public right-of-way to have "Blue Dot" highway reflector installed on the adjacent street of driveway to clearly identify the fire hydrant location. (iv) The dwellings shall be equipped with a residential automatic fire sprinkler system. The sprinkler system will be designed and installed according to NFPA Pamphlet No. 1 3D. The fire department requires a minimum one (1) inch water meter for residential sprinkler systems. (2) Fire Apparatus Access. (i) If combustible construction materials are used, all required public access roadways shall be completed to a minimum width of twenty (20) feet, capable of supporting forty thousand (40,000) pounds, with an all-weather surface, to within one hundred fifty (150) feet of all stockpiles and all sides of buildings with combustible construction. The access roadways to be posted "No Stopping/Fire Lane" and shall not be used for the storage of materials. Proposed private roads, driveways or extensions of existing roads shall be designed and constructed as follows: a. Single-family residential access road. A vehicular access to more than one parcel or vehicular access to a single parcel with more than two (2) buildings or more than three (3) dwelling units shall be twelve (12) feet width for one-way traffic and sixteen (16) feet width for two-way traffic. The road shall also provide for a ten (10) foot fuel modification area on each side. b. Driveway. A vehicular access to a single parcel with one (1) or two (2) buildings, having no more than three (3) dwelling units on a single parcel and any number of accessory buildings. Length Required Width 0--49 feet 12 feet 50--99 feet 14 feet Greater than 16 feet (Note 1 and 200 feet Note 2) NOTE: 1. For driveways exceeding three hundred (300) feet, turnaround shall be provided at the building site and must be within fifty (50) feet of the dwelling. 2. For driveway exceeding eight hundred (800) feet, a turnout shall be provided at the midpoint or every four hundred (400) feet. (ii) Fire apparatus access roads shall have an unobstructed vertical clearance of not less than thirteen (13) feet and six (6) inches. Driveways shall have not less than fifteen (15) feet of vertical clearance. (iii) Fire apparatus access roads and driveways shall be designed and maintained to support the imposed loads of forty thousand (40,000) pounds at twenty-five (25) miles per hour, and shall be provided with a surface so as to provide all-weather driving capabilities. (iv) The turning radius of a fire apparatus access road shall have a horizontal inside radius curvature of not less than twenty-eight (28) feet inside radius and forty-eight (48) feet outside radius. (v) All dead-end fire apparatus access roads in excess of one hundred fifty (150) feet in length shall be provided with approved provisions for turning around of fire apparatus. The bulb or cul-de-sac radius shall not be less than forty (40) feet. The hammer -head T shall extend a minimum of thirty (30) feet to each side of the centerline of the entry road and be eighteen (18) feet wide. The turnaround shall extend forty (40) feet from the entry road and be a minimum of eighteen (18) feet wide. Where parcels are zoned five (5) acres or larger, turnarounds shall be provided at intervals of approximately one thousand three hundred twenty (1,320) feet, or as approved by the Fire Chief. Each dead-end road shall have a turnaround constructed at its terminus. (vi) The minimum level of improvement is determined by the grade of the access road or driveway providing access from the road to the building site or parking area as follows (UFC 10.204): Surface Minimum Grade All -Weather less than 12 percent Nonskid (Note 1) 12 percent to 16 percent Nonskid (Noteover 2) 16 percent Note 1. Surface shall be asphalt or concrete in the City of Atascadero Engineering Standard Specifications and Drawings including a nonskid finish (brushed concrete or equivalent pavement). Note 2. A driveway/access road that would provide a grade greater than sixteen percent (16%) and less than twenty percent (20%) and is designed by a Registered Civil Engineer may be considered on a case-by-case basis by the Fire Chief. (vii) The maximum length of dead-end road, including all dead-end roads accessed from the dead-end roads, shall use the following cumulative lengths as a guideline for approval by the Fire Chief, regardless of the number of parcels served: Parcels less than 1 acre 800 feet Parcels 1 ac. to 1320 feet 4.66 ac. Parcels 5 ac. to 2640 feet 19.99 ac. Parcels 20 + ac. 5290 feet All lengths shall be measured from the edge of the roadway surface at the intersection that begins from the road to the end of the dead-end road surface at its farthest point. Where a dead-end road crosses areas of differing zones, the shortest allowable length shall apply. (3) Fuel Management. All parcels shall comply with the fire department's wildland fuel management program. The hazardous vegetation that the program is concerned with is seasonal and recurrent in nature. Therefore, the operation of the program is planned on a continuous annual basis. (c) Engineering Division. (1) Road Improvements --General. (i) All road improvements shall be constructed in accordance with the City Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. (ii) An encroachment permit shall be obtained from the City Engineering Department prior to the start of construction. The applicant shall enter into a Plan Check/Inspection agreement with the City. (iii) Road improvement plans prepared by a registered civil engineer shall be submitted for review and approval by the City Engineer prior to approval of the Master Development Plan. Road improvement plans shall conform to the requirements of the City Standard Specifications, Section 2 --Preparation of Plans. R -value testing shall be done, and pavement sections designed by a registered civil engineer to the satisfaction of the City Engineer. (2) Road Improvements--On-Site. (i) The following roads shall be fully improved to a Rural Hillside Collection Section (City Std. 404), or as approved by the City Engineer prior to the issuance of building permits. The structural section shall be based on a T.I. = 5.0. b. San Marcos Road from the project boundary to the intersection of Cenegal Road (prior to Phase 1); a. Cenegal Road from the project boundary to the intersection of San Marcos Road (prior to Phase 11); (ii) All other roads within the project boundary shall be fully improved to a Rural Hillside Local Section (City Std. 402), or as approved by the City Engineer prior to the issuance of building permits. The structural section shall be based on a T.I. _ 4.0. (iii) The minimum right-of-way width for all on-site roads shall be fifty (50) feet. (iv) All cul-de-sacs shall meet the requirements of City Standard 415, Typical Cul- de -Sac for rural areas with an unobstructed turning radius of forty (40) feet and a paved radius of thirty-four (34) feet, or as approved by the City Fire Marshal. Areas not paved within the forty (40) foot unobstructed turning radius shall be designed and maintained to support imposed loads of forty thousand (40,000) pounds at twenty-five (25) miles per hour and shall be provided with a surface which provides for all weather driving capabilities. (v) Slope easements shall be provided on each side of the right-of-way as needed to accommodate cut slopes, fill slopes and/or retaining structures. (vi) Curve widening shall be constructed on all on-site roads in conformance with Section 4, Paragraph F of the City Standard Specifications, or as approved by the City Engineer. (vii) On-site road alignments shall be designed such that all existing streets, roads and alleys outside the project boundary, which intersect the project boundary, are provided with, and capable of obtaining, access from the on-site roads. Road alignments outside the project boundary, which intersect the project boundary, shall be clearly shown on the improvement plans. (viii) The applicant shall install all necessary street name and traffic signs as well as all necessary traffic striping and markings as required by the City Engineer. (ix) The applicant shall offer to dedicate all road rights-of-way for on-site roads to the City. The irrevocable offer of dedication shall be filed prior to, or simultaneously with, the recordation of any final document implementing Lot Line Adjustment 94-005. (3) Road Improvements--Off-Site. (i) Curve widening shall be constructed on Los Altos Road from Highway 41 to San Marcos Road where curve radii is less than two hundred (200) feet. Curve widening shall be constructed in conformance with Section 4, Paragraph F of the City Standard Specifications, or as approved by the City Engineer. Plans for the curve widening shall be submitted for review and approval by the City Engineer prior to the approval of the Master Development Plan. The curve widening on Los Altos Road shall be constructed when the ADT on Los Altos Road reaches five hundred (500) vehicles per day, with the development of the twenty-seventh lot in Phase 1, or within three (3) years of the issuance of building permits for Phase 1, whichever is earlier. (ii) A "Stop" sign and stop bar shall be constructed at the intersection of Los Altos Road and San Marcos Road and shall be constructed with the development of Phase 1 of the project and prior to the issuance of building permits. (iii) San Marcos Road between Los Altos Road and the project boundary shall be improved preparatory to acceptance of this portion of road into the City maintained system. Curve widening shall be constructed where curve radii is less than two hundred (200) feet. Curve widening shall be constructed in conformance with Section 4, Paragraph F of the City Standard Specifications, or as approved by the City Engineer. Improvement plans for the curve widening shall be submitted for review and approval by the City Engineer prior to approval of the Master Development Plan. San Marcos Road between Los Altos Road and the project boundary shall be improved prior to the development of Phase 1 of the project and prior to the issuance of building permits. (iv) The applicant shall enter into a maintenance agreement with the City for the portion of San Marcos Road between Los Altos Road and the project boundary. The agreement shall guarantee that damage to the road which results from construction traffic generated by the development of the project is properly repaired. The agreement shall be reviewed and approved by the City Engineer and the City Attorney. The agreement shall remain in -force throughout construction of Phase 1 and Phase 2 of the project. A maintenance security in a form acceptable to the City Attorney and the City Engineer shall be posted for the portion of San Marcos Road between Los Altos Road and the project boundary. The maintenance security shall remain effective until final acceptance of both Phase 1 and Phase 2 of the project. (v) Left -turn lanes shall be constructed on State Highway 41 for eastbound traffic entering both Los Altos Road and the driveway serving Lots 109-112. Improvement plans for the left -turn lanes shall be submitted for review and approval by Caltrans and the City Engineer prior to approval of the Master Development Plan. The left -turn lanes for Los Altos Road shall be constructed when the ADT on Los Altos Road reaches five hundred (500) vehicles per day, with the development of the twenty-seventh lot in Phase 1, or within three (3) years of the issuance of building permits for Phase 1, whichever is earlier. The left -turn lanes for the driveways accessing Lots 109-112 shall be constructed with the development of any portion of Lots 109-112. (vi) Vehicle refuge lanes shall be constructed for vehicles turning left onto State Highway 41 from both Los Altos Road and the driveway serving Lots 109-112. Improvement plans for the refuge lanes shall be submitted for review and approval by Caltrans and the City Engineer prior to approval of the Master Development Plan. The vehicle refuge lane for Los Altos Road shall be constructed when the ADT on Los Altos Road reaches five hundred (500) vehicles per day, with the development of the twenty-seventh lot in Phase 1, or within three (3) years of the issuance of building permits for Phase 1, whichever is earlier. The vehicle refuge lane for the driveways accessing Lots 109-112 shall be constructed with the development of any portion of Lots 109-112. (vii) The improvements required to achieve a minimum of five hundred fifty (550) feet of sight distance shall be constructed at the intersection of Los Altos Road and State Highway 41 and at the intersection of the driveway serving Lots 109-112 and State Highway 41. Improvement plans for the site distance improvements shall be submitted for review and approval by Caltrans and the City Engineer prior to approval of the Master Development Plan. The site distance improvements for Los Altos Road shall be constructed when the ADT on Los Altos Road reaches five hundred (500) vehicles per day, with the development of the twenty-seventh lot in Phase 1, or within three (3) years of the issuance of building permits for Phase 1, whichever is earlier. The site distance improvements for the driveways accessing Lots 109-112 shall be constructed with the development of any portion of Lots 109-112. (viii) Advisory and warning signage shall be installed along State Highway 41 to advise drivers of the approaching intersection with Los Altos Road and the driveway serving Lots 109-112. Signage shall be installed which indicates a left - turn lane ahead. Improvement plans for the signage improvements shall be submitted for review and approval by Caltrans and the City Engineer prior to approval of the Master Development Plan. The signage improvements for Los Altos Road shall be constructed when the ADT on Los Altos Road reaches five hundred (500) vehicles per day, with the development of the twenty-seventh lot in Phase 1, or within three (3) years of the issuance of building permits for Phase 1, whichever is earlier. The signage improvements for the driveways accessing Lots 109-112 shall be constructed with the development of any portion of Lots 109-112. (ix) Designated right -turn lanes shall be constructed on State Highway 41 for westbound traffic entering both Los Altos Road and the driveway serving Lots 109- 112. Improvement plans for the right -turn lanes shall be submitted for review and approval by Caltrans and the City Engineer prior to approval of the Master Development Plan. The right -turn lane for Los Altos Road shall be constructed when the ADT on Los Altos Road reaches five hundred (500) vehicles per day, with the development of the twenty-seventh lot in Phase 1, or within three (3) years of the issuance of building permits for Phase 1, whichever is earlier. The right -turn lane for the driveways accessing Lots 109-112 shall be constructed with the development of any portion of Lots 109-112. (x) Curve widening shall be constructed on the following roads where curve radii is less than two hundred (200) feet. Curve widening shall be constructed in conformance with Section 4, Paragraph F of the City Standard Specifications, or as approved by the City Engineer. Plans for the curve widening shall be submitted for review and approval by the City Engineer prior to the approval of the Master Development Plan. a. Laurel Avenue from Santa Lucia Road to Cenegal Road. b. Cenegal Road from Laurel Avenue to the project boundary. The curve widening shall be constructed when the ADT on Laurel Avenue reaches five hundred (500) vehicles per day, with the development of the thirty-eighth lot in Phase 2, or within three (3) years of the issuance of building permits for Phase 2, whichever is earlier. (xi) A three-foot wide Class II base or other all weather surface walkway shall be provided along one side Cenegal Road from the project boundary to Laurel Avenue and along Laurel Avenue from Cenegal Road to Santa Lucia Road, or as approved by the City Engineer. Improvement plans for the walkways shall be submitted for review and approval by the City Engineer and Community Development Director prior to approval of the Master Development Plan. The three -foot -wide pedestrian walkway shall be constructed when the ADT on Laurel Avenue reaches five hundred (500) vehicles per day, with the development of the thirty-eighth lot in Phase 2, or within three (3) years of the issuance of building permits for Phase 2, whichever is earlier. (4) Drainage. (i) All drainage improvements shall be constructed in accordance with the City Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. (ii) A grading and drainage plan for each lot, prepared by a registered civil engineer, shall be submitted for review and approval by the City Engineer prior to the issuance of building permits. A registered civil engineer shall provide a written statement that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC). (iii) An erosion control plan addressing interim erosion control measures to be used during the construction shall be submitted for review and approval by the City Engineer. Erosion control measures shall be in-place between October 1st and April 1st. Prior to issuance of Grading Permits, and if required under the Clean Water Act (CWA), the applicant shall obtain the necessary permits in compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES). (5) Utilities. (i) All relocation and/or alteration of existing utilities shall be the responsibility of the applicant. (ii) The applicant shall submit a composite utility plan signed and approved by a representative for each public utility company along with the improvement plans. (iii) The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Fire hydrants shall be installed at locations as required by the City Fire Marshal. Utilities shall be extended to the property line frontage of each parcel or its public utility easement. (iv) Any utility trenching in existing streets shall be overlayed to restore a smooth riding surface to the satisfaction of the City Engineer. (6) General. (i) A Preliminary Soils Report shall be prepared for the property to determine the presence of expansive soil or other soil problems and shall make recommendations regarding grading of the proposed site. A final soils report shall be submitted by the soils engineer prior to the final inspection and shall certify that all grading was inspected and approved and that all work done is in accordance with the plans and the preliminary report. (ii) All improvements shall be covered with a one hundred percent (100%) Performance Guarantee and a fifty percent (50%) Labor and Materials Guarantee until the improvements are deemed substantially complete by the City Engineer. Prior to the final inspection of the improvements, and before the other guarantees mentioned in this condition are released, a ten percent (10%) Maintenance Guarantee shall be posted to cover the improvements for a period of one (1) year from the date of the final inspection. The guarantee amounts shall be based on an engineer's estimate submitted by the project engineer and approved by the City Engineer. The Guarantees posted for this project shall be approved by the City Attorney. (iii) A mylar copy and a blue line print of as -built improvement plans, signed by the registered engineer who prepared the plans, shall be provided to the City Engineer prior to the final inspection. (iv) The applicant shall acquire title or interest in any off-site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. (v) All improvements shall be completed or bonded for prior to the approval of the Master Development Plan. If the improvements are to be bonded, the applicant shall enter into a Performance Agreement with the City. The form and content of the Performance Agreement shall be reviewed and approved by the City Engineer and City Attorney. (Ord. 286 § 3 Exh. C, 1995)