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HomeMy WebLinkAboutPC_2003-01-21_AgendaPacketCITY OFATASCADERO PLANNING COMMISSION AGENDA Regular Meeting January 21, 2003 — 7:00 P.M. City of Atascadero 6500 Palma Ave. — 4t" 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) COMMUNITY DEVELOPMENT STAFF REPORTS 1. BROWN ACT TRAINING THE CITY ATTORNEY WILL BRIEF THE COMMISSION ON THE BROWN ACT REQUIREMENTS FOR OPEN MEETINGS. 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) 2. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JANUARY 7, 2003. 3. APPROVAL OF RESOLUTION 2003-0002 TO DENY CONDITIONAL USE PERMIT 2002-0055 TO ESTABLISHMENT OF A BED AND BREAKFAST AT 7129 SAN GREGORIO RD. 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).) 4. RECONSIDERATION OF CONDITIONAL USE PERMIT 89-008 Applicant: Atascadero Christian Home, 8455 Santa Rosa, Atascadero, CA Project Title: Senior Assisted -Living Facility Site Plan Amendment Project Location: 8455 Santa Rosa Road, Atascadero, CA 93422 (San Luis Obispo County) APN 056-301-039 Project Hearing to reconsider the original Conditional Use Permit #89-008, amending the existing Description: phased site plan at an senior assisted -care living facility in Atascadero. The proposal includes relocation of 19 multi unit cottages, access roads, grading and landscaping.. The proposed changes would be within the existing 15.25 -acre development. The project is located on the north side of Santa Rosa Road approximately 1/4 mile west of U.S. Highway 101. The project will require the removal of several native trees. The proposed building sites are slightly sloped and occur in a semi -rural primary grassland setting within a single-family residential vicinity. The project will gain access from an existing driveway to Santa Rosa Road. General Plan Designation: Single Family Residential Zoning District: Residential Single Family -Y (1.0 acre minimum lot size) Proposed PROPOSED MITIGATED NEGATIVE DECLARATION 2002-0052: 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 Staff Adoption of Planning Commission Resolution 2003-0007 approving the reconsideration of Conditional Use Permit 89-008 subject to findings and conditions of approval. Recommendation 5. CONDITIONAL USE PERMIT 2001-0043: Applicant: Michael Frederick, P.O. Box 573, Atascadero, CA 93423 Project Title: Proposed Mini -Storage Center Project Location: 2850 El Camino Real, Atascadero, CA 93422 6. (CONDOMINIUM) TENTATIVE TRACT MAP 2002-0022: Applicant: (San Luis Obispo County) APN 049-201-021 Project An application to construct 30,250 square -feet of commercial storage buildings designed Description: for mini -storage use, 2,450 square -feet of commercial office buildings, a parking lot and Project landscaping on a 1.5 -acre vacant lot of record. The proposed project will require grading Description-_ quantities of approximately 175 cubic yards of cut and 3025 cubic yards of fill. The project will require the removal of two native trees. The proposed building site will pave a majority of the lot area which is gently sloped and occurs as an infill project within a developed industrial area in the City of Atascadero. The project will gain access from El Camino Real and be visible from U.S. Highway 101. General Plan Designation: General Commercial Zoning District: Commercial Park Proposed PROPOSED MITIGATED NEGATIVE DECLARATION 2002-0040: 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 Determination environment from approval of this project. The proposed Mitigated Negative Declaration is available for public review at 6500 Palma Avenue, Community Development Department, Staff Room 104, from 8:00 a.m. to 5:00 p.m., Monday through Friday Staff Adoption of Planning Commission Resolution 2003-0008 approving Conditional Use Permit Recommendation 2001-0043 subject to findings and conditions of approval. Recommendation 6. (CONDOMINIUM) TENTATIVE TRACT MAP 2002-0022: Applicant: Jim Shores, 6700 El Camino Real, Atascadero, CA 93422 Project Title: Proposed 3 -Building Industrial Condominium Tract Map Project Location: 4105 Traffic Way & Various Sequential Addresses Project An application for a Condominium Airspace Tentative Tract Map to provide for separate Description-_ ownership of four individual suites in each of three separate existing industrial buildings on three separate lots of record. Grading and construction are not required. The project will requires a common agreement for the maintenance of each building, and each parking and landscape area. The project is within a developed industrial area located on the east side of Traffic Way approximately 100 yards north of San Jacinto Street in the City Of Atascadero. The parcels will gain access directly from Traffic Way. General Plan Designation: Industrial Zoning District: Industrial Proposed CEQA Exemption by Statute Section 15.301. Class I- Existing Facilities. (k) Division of Environmental existing multiple family or single-family residences into common -interest ownership and Determination subdivision of existing commercial or industrial buildings, where no physical changes occur which are not otherwise exempt. Staff Adopt Resolution No. PC 2003-0011, recommending approval of Tentative Tract Map 2001- 0012 to the City Council subject to findings and conditions of approval. Recommendation 7. SINGLE FAMILY PLANNED DEVELOPMENT, ZONE CHANGE 2000-0008, MASTER PLAN OF DEVELOPMENT (CUP 2000-0024), VESTING TENTATIVE TRACT MAP 2001-0011: Applicant: Lorraine Russell / Doug Sholders 6805 Los Gatos Road, Atascadero, CA 93422 Project Title: 6340 ALCANTARA AVENUE SINGLE FAMILY PLANNED DEVELOPMENT, ZONE COMMISSIONER COMMENTS & REPORTS 8. REOUEST FROM COMMISSIONER BENTZ TO REAGENDIZE 3F MEADOWS MASTER PLAN OF DEVELOPMENT 3-F MEADOWS / PLANNED DEVELOPMENT 11 MASTER PLAN OF DEVELOPMENT DETERMINATION (CASTLEROCK DEVELOPMENT) Applicant: CHANGE 2000-0008, MASTER PLAN OF DEVELOPMENT (CUP 2000-0024), Project Title: VESTING TENTATIVE TRACT MAP 2001-0011 Project Location: 6340 Atascadero Avenue, Atascadero, CA 93422 Project (San Luis Obispo County) APN 030-292-065 Project An application for a Zone Change, Conditional Use Permit (CUP) and Tentative Tract Map. Description: The Zone Change request would establish a Planned Development #7 overlay on the site subject to a master plan of development (CUP) that would allow five (5) new single-family residences to be constructed in addition to the one (1) existing single-family residence. The Tentative Tract Map would create a six (6) lot subdivision. Environmental PROPOSED MITIGATED NEGATIVE DECLARATION 2002-0049: Determination Based on the findings of the initial study, the Community Development Department 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. Staff 1. Adopt Resolution No. PC 2003-0003 recommending that the City Council certify Proposed Mitigated Negative Declaration 2002-0049; and, Recommendation 2. Adopt Resolution No. PC 2003-0004 recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2000-0008 based on findings; and, 3. Adopt Resolution No. PC 2003-0005 recommending that the City Council approve the Master Plan of Development (CUP 2000-0024) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Adopt Resolution No. PC 2003-0006 recommending the City Council approve Vesting Tentative Tract Map 2001-0011, based on findings and subject to Conditions of Approval and Mitigation Monitoring. COMMISSIONER COMMENTS & REPORTS 8. REOUEST FROM COMMISSIONER BENTZ TO REAGENDIZE 3F MEADOWS MASTER PLAN OF DEVELOPMENT 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. 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 ADJOURNMENT The next regular meeting of the Planning Commission will be February 4, 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. 11CityhaIIkCDvlpmntl— PC AgendaslPC 20031PC Agenda. 01-21-03.am.doc City ofAtascadero WELCOME TO THE ATASCADER0 PLANNING COMMISSION MEE TING 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: 8 DATE: 01-21-03 Atascadero Planning Commission 3-F Meadows / Planned Development 11 Master Plan of Development Determination (Castlerock Development) DISCUSSION: A request from Commissioner Bentz was received to reagendize the 3-F Meadows Master Plan of Development (refer to Attachment 1). Commissioner Bentz is requesting that the Commission reconsider its motion of January 7, 2003. Planning Commission Action January 7, 2003: (Motion) By Commissioner Jones and seconded by Commissioner Porter that the Planning Commission move that the resolution recommending the Master Plan of Development for PD -11 the 3-F Meadows project is consistent with the project EIR and mitigation monitoring program and resolving that the Planning Commission using the whereases, applied here the Master Plan of Development as shown in Exhibit A and dated 11/14/02 is consistent with PD 11 and the project EIR. (refer to Attachment 2) On January 8, 2003 the Community Development Director issued a letter of determination regarding the 11/14/02 Master Plan of Development. The Director denied the approval of the Master Plan of Development based on the finding that it was inconsistent with the project EIR and that the performance agreement had not been approved by the City Attorney as required by PD -11. (refer to Attachment 3) On January 16, 2003, the Director issued a second letter outlining a process to make an EIR consistency determination approval. (refer to Attachment 4) Since the Planning Commission and Community Development Director have rendered opposing findings regarding the 11/14/02 Master Plan of Development's consistency with the EIR and PD -11 this issue will be forwarded to the City Council. The City Council will make the final decision of project consistency. ITEM NUMBER: 8 DATE: 01-21-03 PREPARED BY Warren Frace, Community Development Director ATTACHMENTS Attachment 1: Request from Commissioner Bentz Attachment 2: Draft Planning Commission Resolution Attachment 3: Director's Determination Letter 1/8/03 Attachment 4: Director's Draft Master Plan of Development EIR Consistency Approach Letter 1/16/03 Attachment 1: Request from Commissioner Bentz Received Jan -16-03 11:22am JAN -16-2003 10:44 FILE COPY Via Facsimile and First Class Mail David Bentz Planning Commission Chairperson City Of Atascadero 102'5 San Marcos Road Atascadero, CA 93422 Re: 3F Meadows Project ITEM NUMBER: 8 DATE: 01-21-03 from CCITT G3 - REVENUE ALLOC MGMT page 1 P.01 CA5TLEROCK O E V@ L-0 P M9 N T January 15, 2003 ���•'� RECEIVED JAN 1 6 2003 COMyUNlTy DEVELOPMENr Dea> Chairperson Bentr At the January '7, 2003 meeting of the Atascadero Planning Commission a resolution was made and approved regarding Castlerock Development's application for approval of the Master Development Plan for the 3F Meadows Project (item no. 5 on the Agenda). I have enclosed a cop} of a written transcript of the resolution that was taken from the City's tape recording of the meeting. The resolution states that the Planning Commission is making a recomendation but the m resolution does not state to whom the recommendation is directed. While all of the other contents of the resolution appear to be complete and correct, it is unclear who should act on the Plat}ning Commission's recommendation. I am sure this lack of clarity is a mere inadvertent oversight and that it can be corrected by a clarification from the Planning Commission, Therefore, Castleroek is requesting that the Planning Commission clarify the wording of the resolution and that this be done at the next Planning Commission meeting scheduled for January 21, 2003. .1�I.irn'�`fgMMipWuebglRatlpaff\iF' MmWnr- )wrl yn00. %a�rcAeuN0.' Ofa1ti letter b b�a1tW �-I.suF3.da A C:uliomda Corporation 202 H3 'rank Farm Road A San Luis Obispo, Caiitorni2 93401 � Lie. No. 730788 • (805! 846.8100 a Fax (805) 549.8418 ITEM NUMBER: 8 DATE: 01-21-03 Received Jan -16-03 11:22am from CCITT G3 � REVENUE ALLOC MGMT JRN-16-2003 10:44 MOTSom By Commissio= Tones end stacndcd by Com=ilsinner Partes Ut d50 piaaai— Cornmission move tlmt the meoludoa tecormaetttliag the Mxsmr PLa of Development for PD -1 ltbe 3.8 Meadows project is aonsistcnt with the projeot sad mitiptti = moritaring proSrtm sad rosolvissg',rhst the PlMliaS CQ==i6aQu using tba wbereatas, applied hue the Mester Pian of Dvtlopraaat as shown is Exhibit A tnd dated 11114/02 is eonsisteut,%ith P:) 11 and tba p2ojeet MEL APES: C0=.nissionets lotus, partes, Eddimgs and Chsirmau Be= 1 FQES: None AESTASN: Nona Motioa pawed 4:0 by t roll -at vote. page P.02 TOTAL P.02 ITEM NUMBER: 8 DATE: 01-21-03 Attachment 2: Draft Planning Commission Resolution 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 -1l / 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, ITEM NUMBER: 8 DATE: 01-21-03 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission finds as follows: 1. The Master Plan of Development shown in Exhibit A and dated 11-14-02 is consistent with PD -11 and the project EIR. On motion by Commissioner Jones, and seconded by Commissioner Porter the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Commissioner Bentz, Eddings, Jones, Porter (4 ) NOES: (0) ABSENT: Commissioner Fonzi ( 1 ) ABSTAIN: Commissioner Kelley ( 1 ) tI• D CITY OF ATASCADERO, CA David Bentz Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 01-21-03 Exhibit A: 3F Meadows Master Plan of Development ITEM NUMBER: DATE Attachment 3: Director's Determination Letter 1/8/03 •• CITY OF ATASCADERO IMS s,• COMMUNITY DEVELOPMENT DEPARTMENT January 8, 2003 PILE COPY Dean Coker Castlerock Development 202 H3 Tank Farm Road San Luis Obispo, CA 93401 RE: Director's Determination on 11/14/02 Master Plan of Development for Planned Development 11 In response to your request for a decision today on the Master Plan of Development for Planned Development #11, the Community Development Director has determined that the Master Plan of Development, dated 11/14/02, is inconsistent with the EIR and is hereby denied. Specifically, the Director has found the following: 1. Mitigation measures, as required by the EIR, have not been incorporated into the 11/14/02 Master Plan of Development. 2. Performance agreement, required by PD #11, has not been approved by the City Attorney, as per Atascadero Municipal Code Section 9-3.656 (c)(6)(v). Sincerely Warren M. Frace, Community Development Director cc: W. McKinney R. Hanley M. Torgerson FS.: LLA �. MFS E.NW N 1-"3 Eat 1E01 DSI.: 0110010] 1: 00 PM 6500 PALMA AVENUE - ATASCADERO, CALIFORNIA 93422 - (805) 461-5035 - FAX 461-5036 8 01-21-03 ITEM NUMBER: DATE: 01-21-03 Attachment 3: Director's Draft Master Plan of Development EIR Consistency Approach Letter 1/16/03 ITEM NUMBER: DATE: 01-21-03 Planning Commission Staff Report ITEM NUMBER: 7 DATE: 1-21-03 6340 Alcantara Avenue Single Family Planned Development Zone Change 2000-0008, Master Plan of Development (CUP 2000-0024), Vesting Tentative Tract Map 2001-0011 (6340 Alcantara Avenue / Russell) SUBJECT: The proposed project consists of an application for a Zone Change, Conditional Use Permit (CUP) and Tentative Tract Map. The Zone Change request would establish a Planned Development #7 overlay on the site subject to a master plan of development (CUP) that would allow five (5) new single-family residences to be constructed in addition to the one (1) existing single-family residence. The Tentative Tract Map would create a six (6) lot subdivision. The project is subject to architectural and landscape standards. The project site is a gently sloped with a seasonal creek traversing the site, with one existing single-family house and numerous native oak and sycamore trees. RECOMMENDATION: Staff Recommends: Adopt Resolution No. PC 2003-0003 recommending that the City Council certify Proposed Mitigated Negative Declaration 2002-0049; and, 2. Adopt Resolution No. PC 2003-0004 recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2000-0008 based on findings; and, 3. Adopt Resolution No. PC 2003-0005 recommending that the City Council approve the Master Plan of Development (CUP 2000-0024) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Adopt Resolution No. PC 2003-0006 recommending the City Council approve Vesting Tentative Tract Map 2001-0011, based on findings and subject to Conditions of Approval and Mitigation Monitoring. SITUATION AND FACTS: 1. Applicant / Representative 2. Project Address: 3. General Plan Designation 4. Zoning District: 5. Site Area: 6. Existing Use: 7. Environmental Status DISCUSSION: Analysis of Planninm Issues 1. Project Definition ITEM NUMBER: DATE Lorraine Russell / Doug Sholders 6805 Los Gatos Road, Atascadero, CA 93422 6555 Atascadero Avenue, Atascadero, CA 93422 (San Luis Obispo County) APN 030-292-065 7 1-21-03 General Plan Designation: Medium -Density Residential (10 units/acre) RMF -10 (Residential Multiple Family) 1.00 acre Vacant Lot Proposed Mitigated Negative Declaration 2002-0041 The proposed project consists of five new single-family homes and retention of one existing single-family home located on individual lots that will be developed under the requirements of the PD -7 overlay district within the RMF -10 (Residential Multi -Family) zoning district. The new homes will range in size from 1,519 to 2,033 square feet. The existing 1,250 square foot home will remain in its present size and location. Each home will have a two car attached garage with two additional uncovered spaces provided in the driveway that fulfill the guest parking requirement. Each unit is consistent with the PD -7 requirement of providing a minimum 40% parcel landscaping and building footprints of less than 35% of the parcel area. A Master Plan of Development will cover all site development and architectural design standards for the project. The Master Plan of Development will be approved in the form of a Conditional Use Permit as required by the Zoning Ordinance. Any future amendments to the Master Plan of Development can be made by the Planning Commission in the future, independent of Council action. ITEM NUMBER: 7 DATE: 1-21-03 Project Summary Table Building Footprint 1744 sf 1872 sf 1238 sf 1560 sf 1560 sf 1229 sf (not to exceed 35%) 21% 22% 20% 23% 20% 18% Landscaped Area 5330 sf 6440 sf 4000 sf 3970 sf 4690 sf 4770 sf (minimum 40%) 63% 76% 66% 59% 59% 71% Covered Parking 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces Guest Parking 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces Floor Plan C existing A B B Reverse D Lower Living Area 1304 sf 1250 sf 798 sf 1119 sf 1119 sf 789 sf Upper Living Area 566 sf none 916 sf 914 sf, 914 sf 730 sf Garage 440 sf 440 sf 440 sf 1 440 sf 1 440 sf 1 440 sf, 2. Background Surrounding Land Use and Setting: North: Commercial South: Residential East: Residential West: Residential General Plan and Zoning Ordinance identifies this site, along with adjacent properties to the south, east and west as Medium -Density Residential with a density of up to 10 units per acre. The Multi -family residential zoning is consistent with the General Plan. The General Plan and zoning incorporates factors such as slope, native trees, creeks, circulation, building coverage and landscape development standards that could reduce the density accordingly. The zoning ordinance allows the establishment of a Planned Development Overlay No. 7 (PD -7) in the multi -family zone which requires a minimum of four single-family units, consistent with the PD -7 site development standards and appearance review, as analyzed within this report. The PD -7 requires a Master Plan of Development which incorporates site development standards and appearance review including architecture and landscaping. Per the zoning ordinance, the Master Plan of Development is processed as a Conditional Use Permit. ITEM NUMBER: 7 DATE: 1-21-03 3. Design and Appearance Architecture, Materials, Color The applicant has worked closely with staff in designing the homes with special architectural features, upgraded building materials, compatible colors, and landscape design. In addition, staff has added conditions of approval consistent with General Plan & Zoning requirements, as identified below. The project has been designed with two story residential units that incorporate architectural themes and materials compatible with more traditional Atascadero colony neighborhoods. Each home has been individually designed with its own contemporary style, color, and material palette. As conditioned, all front elevations and side elevations visible from Tecorida Avenue will have additional architectural detailing with a masonry wainscot treatment at the base (Condition 6.a). A variety of architectural embellishments will be incorporated into the different new house designs, including: Covered entry porches (Condition 6.b), double or single hung windows, transom windows, window shutters (Condition 6.c), architectural banding, decorative gable vents, and heavy tile roofing materials. A separate color scheme is proposed for each new house. All trash storage, recycle storage, and air conditioning units will be screened from view behind fenced or landscaped enclosures. The site landscaping plan includes a variety of native and accent trees. All front yards and areas between Tecorida Avenue and lots 1 and 6 shall be landscaped by the developer (Condition 10). Back yards will be landscaped by the individual property owners. All landscape maintenance will be the responsibility of the individual property owner. Front Elevations of Each New House Note: Conditions 6a — 6d will enhance the exterior appearance of each new home depicted below. ITEM NUMBER: 7 DATE: 1-21-03 The applicant has included a color and material sample board for each house plan. Refer to Exhibit G for details. Staff has included a condition that the garage doors be de-emphasized by painting to match the building body (Condition 6d). Landscape Design The preliminary landscape plan has been designed for compatibility with the surrounding neighborhood and visual appearance from Tecorida Avenue. The plans identify landscaping thoughout the site with the exception of rear yards. The landscape plan and palette meets the PD -7 requirements. Refer to Native Tree Mitigation/Preservation section for additional tree planting information. Due to the on-site topography and tree preservation requirements, the use of retaining walls within front yards is required. A condition of approval has been included to design such walls to match or compliment the texture and color of the primary residence. In addition, the retaining wall located within the front yard of lots 3 and 4 shall be rounded or angled back toward lot 4 (Condition 12). Site Plan, Circulation, Parking The site plan has been proposed to meet the requirements of the Atascadero Municipal Code and the appearance review requirements of the General Plan. The project will include street frontage improvements along Alcantara Avenue. As a result of potential impacts to the on- site seasonal creek, the project includes a bridge that will span the creek to avoid any environmental impacts. In addition, the bridge and access road include special design elements including special porous paving and pegged curbs to reduce the impacts to existing native trees with the added benefit of improving the project appearance (Mitigation Measures 4.e.1 and 4.e.2). On-site circulation has been designed to allow reciprocal access between the adjacent westerly property (Condition 13). The proposed project exceeds the code -required parking spaces. Site Drainage The site slopes gently toward the on-site seasonal creek. Drainage has been designed to disperse through the site without concentrating flows into any particular location. On-site storm water retention is not required. Wastewater Sanitary sewer will be connected to the Tecorida Avenue sewer line. ITEM NUMBER: 7 DATE: 1-21-03 4. Native Tree Mitigation/Preservation The site contains numerous native oaks trees. The project has been designed to preserve a majority of the largest trees. There are 64 small under story oak trees proposed for removal. A condition of approval has been included requiring the five front yard trees be 24 -inch box native trees, and the five trees along Tecorida Avenue and four additional 15 -gallon native sycamore trees be planted between the creek and the private driveway between lot 4 and 5 (Condition 10). The tree mitigation and tree fund payment is summarized below. Evergreen Native Trees (inches) Deciduous Native Trees (inches) I Totals dbh notes dbh notes 1 1 244 -inches white oak 2 2 3 3 4 4 5 5 6 7 6 8 Total 0 -inches Total 244 -inches 244 -inches Mitigation Requirement req'd tree replacements: 0 five gal trees req'd tree replacements: 81 five gal trees 1 81 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 9 five gal trees 9 five gal trees 0 box trees (24") 5 box trees (24") 5 box trees (24") Remaining Mitigation 0 five gal trees Remaining Mitigation 62 five gal trees 62 five gal trees or or Tree Fund Payment: $ Tree Fund Payment: $ 3,116.67 $ 3,116.67 Native tree protection and a preservation plan is included for trees proposed for retention. Prior to permit issuance, a Tree Protection Plan shall be prepared for the project by a certified arborist and approved by Planning Services. Tree protection shall be in place prior to the issuance of any construction permits and the arborist shall be under contract to monitor tree protection. For native trees being removed, the mitigation measures require $3,116.67 be paid into the City's native tree mitigation account and additional native trees be planted on site. Refer to Condition 10 and Mitigation Measure 4.e.1. 5. On -Site Creek A seasonal creek traverses the project site. The project has been designed to avoid all significant impacts through building setbacks, landscaping, and a project entrance that will bridge the creek and avoid disturbance within the ordinary high-flow line of the creek bank. The project has been designed to avoid concentrating storm water runoff into any one location. In addition, landscaping has been included for all front yards and areas adjacent to the creek to filter any sediment or pollutant concentrations prior to reaching the creek. The ITEM NUMBER: 7 DATE: 1-21-03 project landscape plan includes additional native planting along the creek bank. This will protect both the water quality of the creek and minimize the potential for creek bed erosion. The project site is not identified as a flood hazard on the FEMA maps. The project is designed so that all units will be constructed several feet above the creek's high water flow. The units along the creek have been adequately set back to avoid any grading of the upper creek bank. 6. Project Benefits One of the required findings for approval of a planned development rezone is that the project must "offer certain redeeming features to compensate for the requested modification." Due to the site's limited area, no room is available for common recreational facilities or significant landscape planting. However, the project will have a number of "redeeming features" which include the following: 1) no disturbance to the on-site seasonal creek; 2) each unit will have a private yard area that will allow for outdoor recreational opportunities, 3) architectural and landscape features of the project have been designed to enhance the project's appearance and benefit the surrounding neighborhood; (4) much of the paved private driveway will incorporate special paving treatment, and 5) the project will provide two smaller, two-bedroom, detached single family housing units on lots 4 and 5 that are in limited supply throughout the community. Affordable Housing The City's General Plan anticipates implementation of an affordable housing program (General Plan Policy 2.2) which a program to include a fixed percentage of units within residential and commercial developments to be reserved as deed restricted affordable units or a in -lie fee to be collected. Although inclusionary housing has not yet been implemented, staff is recommending that one of the proposed residential units be a deed -restricted affordable unit in the moderate category. A condition of approval has been added to this effect (Condition 15). 7. Tentative Tract Map A six -lot tract map is proposed as part of the project consistent with the Master Plan of Development. The tract map has been conditioned by staff and the City Engineer to meet all City standards including street frontage improvements. The applicant will be required to record CC&R's for the map that will include maintenance and access of common areas (TTM Condition 5). 8. Master Plan of Development (Conditional Use Permit) As previously mentioned, a Master Plan of Development is required for the PF -7, to be approved through the Conditional Use Permit process. The Conditional Use Permit process provides the opportunity for the public and the Planning Commission to review the specifics of land use proposals, such as architectural design, site design, landscape, signage, and ITEM NUMBER: 7 DATE: 1-21-03 specific standards of the zoning ordinance. The Planning Commission must make the following five findings to approve a Conditional Use Permit: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The use is consistent with the Multi -Family Residential designation of the Plan and General Plan Land Use Element Policy 1.1 and Housing Element Policy 4.3. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD -7 Ordinance. Staff Comment: As conditioned, the project satisfies all PD -7 zoning code provisions. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment: The proposed residential project will not be detrimental to the general public or working persons health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: Conditions of approval have been added so that the proposed project will not be inconsistent with the existing or future commercial neighborhood character. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: The proposed building and use are consistent with the traffic projections and road improvements anticipated within the General Plan. Based on staff's analysis in the preceding sections, it appears that all of the required findings for approval of a Master Plan of Development (Conditional Use Permit) can be made. ITEM NUMBER: 7 DATE: 1-21-03 9. General Plan Consistency The proposed project is consistent with the General Plan Land Use Element Policy LI: "Preserve the rural atmosphere of the community and assure "elbow room" in areas designed for lower density development by guiding new development into the Urban Core to conform to the historic Colony land use patterns of the City and to respect the natural environment, hillside area and existing neighborhoods", and General Plan Housing Element Policy 4.3: "Encourage attractive architecture and site landscaping that respect terrain and native trees". Implementing General Plan programs require appearance review of architectural design, materials, street trees, and landscaping to maintain the retain the rural atmosphere and protect the environment, and incorporate architectural themes into the site and building design. As analyzed above, the proposed project, as conditioned is consistent with the General Plan. In staff's opinion the project is consistent with the goals and policies of the Land Use Element and the Housing Element, with the inclusion of one affordable moderate -income unit. The project will provide small lot, single-family dwellings that fulfill an important housing need within the community. As conditioned, the project incorporates architectural and landscape elements that are consistent with the scale and character of the surrounding neighborhood and the General Plan's appearance review requirement. 10. Proposed Environmental Determination Staff has prepared an initial study for the project in conformance with the California Environmental Quality Act. Based on the findings of the initial study, staff determined that the project does not have the potential to create any significant environmental impacts when mitigation measures are incorporated. A proposed mitigated negative declaration has been prepared and posted for the project. Staff is recommending the Commission recommend that the City Council certify Proposed Mitigated Negative Declaration 2002-0049. Conclusion The proposed project is consistent with the General Plan and Atascadero Municipal Code, as analyzed within this staff report. The applicant has proposed design modifications and agrees with all mitigation measures and conditions of approval. It is staff's opinion that the proposed project, as conditioned allows the Planning Commission to make all of the required findings for project approval recommendation to the City Council. ITEM NUMBER: 7 DATE: 1-21-03 ALTERNATIVES 1. The Commission may make modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The parcel would retain its designation of Residential Multi -Family. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Steve McHarris, Planning Services Manager ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2 Draft Resolution of Approval Proposed Mitigated Negative Declaration Attachment 3: Draft Resolution of Approval Proposed Zoning Map Change Attachment 4: Draft Resolution of Approval Proposed Master Plan of Development Attachment 5: Draft Resolution of Approval Proposed Vesting Tentative Tract Map ATTACHMENT 2: Draft Resolution PC 2003-0003 PD -7 Master Plan of Development (CUP 2000-0024)/ZCH2O00-0008/TTM 2001-0011 Approval of Draft Mitigated Negative Declaration DRAFT RESOLUTION PC 2003-0003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL CERTIFY PROPOSED MITIGATED NEGATIVE DECLARATION 2002-0049 PREPARED FOR ZONE CHANGE 2000-0008, CONDITIONAL USE PERMIT 2000-0024 AND TENTATIVE TRACT MAP 2001-0011 APN 030-292-065 (6340 Alcantara Avenue / Russell) WHEREAS, an application has been received from Lorraine Russell (PO Box 257, Atascadero, CA 93423) Applicant and Property Owner to consider a project consisting of a zone change from RMF -10 (Residential Multi -Family) to RMF -10 / PD -7 (Residential Multi - Family with Planned Development Overlay #7) with the adoption of a Master Plan of Development, and a six lot residential Tentative Tract Map on APN 030-292-065 and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2002- 0049 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on Tuesday, January 21, 2003 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero, hereby resolves to recommend that the City Council certify Proposed Mitigated Negative Declaration 2002-0049 based on the following Findings as shown on Exhibit A: The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, 2. The Proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project. 4. The project will not achieve short-term to the disadvantage of long-term environmental goals. Planning Commission Resolution 2003-0004 January 21, 2003 Page 2 of 4 5. The project does not have impacts which are individually limited, but cumulatively considerable. 6. The project will not cause substantial adverse effects on human beings either directly or indirectly. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) CITY OF ATASCADERO, CA Davis Bentz Chairperson Attest: Warren M. Frace Community Development Director Planning Commission Resolution 2003-0004 January 21, 2003 Page 3 of 4 Exhibit A Proposed Mitigated Negative Declaration 2002-0049 Planning Commission Resolution 2003-0004 January 21, 2003 Page 4 of 4 ATTACHMENT 3: Draft Resolution PC 2003-0004 PD -7 Master Plan of Development (CUP 2000-0024)/ZCH2O00-0008 Approval of Proposed Zoning Map Change DRAFT RESOLUTION PC 2003-0004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2000-0008, AMENDING THE OFFICIAL ZONONG MAP DESIGNATION OF APN 030-029-065 FROM RMF -10 TO RMF -10 / PD -7. (6340 Alcantara Avenue / Russell) WHEREAS, an application has been received from Lorraine Russell (PO Box 257, Atascadero, CA 93423) Applicant and Property Owner to consider a project consisting of a zone change from RMF -10 (Residential Multi -Family) to RMF -10 / PD -7 (Residential Multi - Family with Planned Development Overlay #7) with the adoption of a Master Plan of Development, and a six lot residential Tentative Tract Map on APN 030-292-065; and, WHEREAS, the site's General Plan Designation is MDR (Medium Density Residential); and, WHEREAS, the site's current zoning district is RMF -10 (Residential Multiple - Family); and WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Official Zoning Map to protect the health, safety and welfare of its citizens by applying orderly development of the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on Tuesday, January 21, 2003, studied and considered Zone Change 2000-0008, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, Planning Commission Resolution 2003-0004 January 21, 2003 Page 5 of 4 NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of Atascadero Creating a PD -7 Planned Development Overlay District. The Planning Commission finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 4. Proposed plans offer certain redeeming features to compensate for the requested modification. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on January 21, 2003, resolved to recommend that the City Council introduce for first reading an ordinance that would rezone the subject site consistent with the following: 1. Exhibit A: Zone Change Map Planning Commission Resolution 2003-0004 January 21, 2003 Page 6 of 4 BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA David Bentz Chairperson Attest: Warren M. Frace Community Development Director Planning Commission Resolution 2003-0004 January 21, 2003 Page 7 of 4 Exhibit A: Zone Change Map 2000-0008 ATTACHMENT 4: Draft Resolution PC 2003-0005 PD -7 Master Plan of Development (CUP 2000-0024)/ZCH2O00-0008 Approval of Proposed Master Plan of Development DRAFT RESOLUTION PC 2003-0005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE A MASTER PLAN OF DEVELOPMENT (CONDITIONAL USE PERMIT 2000-0024) FOR A PD -7 OVERLAY ZONE OF APN 030-029-065 (6340 Alcantara Avenue / Russell) WHEREAS, an application has been received from Lorraine Russell (PO Box 257, Atascadero, CA 93423) Applicant and Property Owner to consider a project consisting of a zone change from RMF -10 (Residential Multi -Family) to RMF -10 / PD -7 (Residential Multi - Family with Planned Development Overlay #7) with the adoption of a Master Plan of Development, and a six lot residential Tentative Tract Map on APN 030-292-065; and, WHEREAS, the site's General Plan Designation is MDR (Medium -Density Residential); and, WHEREAS, the site's current zoning district is RMF -10 (Residential Multiple - Family); and, WHEREAS, the Planning Commission has recommended that a site be rezoned to include a PD -7 overlay district which requires the adoption of a Master Plan of Development; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on Tuesday, January 21, 2003, studied and considered the Master Plan of Development (CUP 2000-0024), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of Master Plan of Development. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD -7 Ordinance; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on January 21, 2003, resolved to recommend that the City Council approval of the Master Plan of Development (CUP 2000- 0024) subject to the following: 1. EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program 2. EXHIBIT B: Site Plan 3. EXHIBIT C: Statistical Summary of Project 4. EXHIBIT D: Landscape Plan 5. EXHIBIT E: Grading and Drainage Plan 6. EXHIBIT E: Grading and Drainage Plan 7. EXHIBIT E: Grading and Drainage Plan BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) CITY OF ATASCADERO, CA David Bentz Chairperson Attest: Warren M. Frace Community Development Director EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program PD -7 Master Plan of Development (CUP 2000-0024)/ZCH2O00-0008 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 66340 Alcantara Avenue GP: Grading Permit FD: Fire Department PD -7 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2000-0024/ZCH 2000-0008 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney Planning Services 1. The approval of this use permit shall become final and PS effective following City Council approval. 2. Approval of this Master Plan of Development shall be valid FM PS concurrently with the life of Tentative Tract Map 2001- 0011 and then indefinitely following final map. The Master Plan of Development approval shall expire and become null and void unless a final map is recorded consistent with the Master Plan of Development. 3. Changes to the Master Plan of Development shall be On-going PS approved by the Planning Commission and do not require Council action. 4. The Community Development Department shall have the BP/FM PS authority to approve the following minor changes to the project the (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps. 5. All subsequent Tentative Tract Maps and construction BP/FM PS permits shall be consistent with the Master Plan of Development contained herein. 6. All exterior elevations, finish materials and colors shall be BP PS consistent with the Master Plan of Development as shown in Exhibit F and Exhibit G with the following modifications: a. Each front elevation, and entire side elevations (lots 1 & 6) visible from Tecorida Avenue shall incorporate an applied masonry material such as brick or stone along the lower building base, subject to staff approval. This treatment shall return along side elevations to a logical terminus point such as a side yard fence, chimney or doorway. b. Front entry porch columns on each elevation shall be further detailed with use of applied masonry material such as brick or stone. The use of wood timbers may Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 66340 Alcantara Avenue GP: Grading Permit FD: Fire Depadment PD -7 Master Plan of Development BP: Building Permit Fl: Final Inspection PD: Police Department CE: City Engineer CUP 2000-0024/ZCH 2000-0008 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney also be incorporated into the column design as appropriate, subject to staff approval. c. Each house shall incorporate the use of double or single hung windows, transom windows, and window shutters, subject to staff approval. d. The garage door color of each new home shall match the house body color. 7. All site development shall be consistent with the maximum BP/FM PS intensities described in the statistical project summary as shown on EXHIBIT C. 8. All site work, grading and site improvements shall be BP/FM PS consistent with the Master Plan of Development as shown in EXHIBIT B, D and E. 9. Native oaks trees shall be preserved and protected during BP PS construction unless approved for removal. Tree protection shall be in place prior to the issuance of any construction permits and the arborist shall be under contract to monitor tree protection. 10. A final landscape and irrigation plan shall be approved BP PS prior to the issuance of building permits and included as part of site improvement plan consistent with EXHIBIT D. All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. Trash/recycle container areas shall be screened with fencing or landscape. All front yards and areas between Tecorida Avenue and lots 1 and 6 shall be landscaped by the developer. All landscape maintenance shall be the responsibility of the individual property owner. The five front yard trees shall be 24 -inch box native trees. In addition, two additional 15 -gallon trees shall trees shall be planted along Tecorida Avenue and four additional 15 - gallon native sycamore trees be planted between the creek and the private driveway between lot 4 and 5. 11. All project fencing shall be installed consistent with BP PS EXHIBIT D subject to the following modifications. a. The yards adjacent to Tecorida Avenue shall not be enclosed with any fencing which exceeds 3 -feet in height. b. No fences in the rear yards adjoining the on-site creek shall exceed 3 -feet in height. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 66340 Alcantara Avenue GP: Grading Permit FD: Fire Depadment PD -7 Master Plan of Development BP: Building Permit Fl: Final Inspection PD: Police Department CE: cty Engineer CUP 2000-0024/ZCH 2000-0008 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney c. The design of all fencing shall be compatible with the overall project design, subject to staff approval 12. Retaining wall design & material shall match or GP PS compliment the texture and color of the primary residence. BP In addition, the retaining wall located within the front yard of lots 3 and 4 shall be rounded or angled back toward lot 4, subject to staff approval. 13. Provisions for on-site circulation reciprocal access GP PS between the adjacent westerly property shall be required BP at the location identified on the site plan. 14. Apply the following tree mitigation: (Mitigation Fee GP PS Table) Evergreen Native Trees (inches) Deciduous Native Trees (inches) Totals dbh notes dbh notes 1 0 -inches 1 244 -inches 64 white oak trees 2 2 0 -inches ranging in size from 3 3 0 -inches 2 - 18 inches 4 4 0 -inches 5 5 0 -inches 6 0 -inches 7 0 -inches 6 8 0 -inches Total 0 -inches Total 244 -inches 244 -inches Mitigation Requirement req'd tree replacements: 0 five gal trees req'd tree replacements: 81 five gal trees 81 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 9 five gal trees 9 five gal trees 0 box trees (24") 5 box trees (24") 5 box trees (24") Remaining Mitigation 0 five gal trees Remaining Mitigation 62 five gal trees 62 five gal trees or or Tree Fund Payment: $ Tree Fund Payment: $ 3,116.67 $ 3,116.67 15. One unit shall be reserved as deed restricted affordable FM, BP PS, CE unit affordable unit in the moderate category. Building Services 16. A soils investigation prepared by a licensed BP FM Geotechnical Engineer is to be provided for the project. The report is to be provided at the time of building permit submittal along with the building plans for review by the Building Division. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 66340 Alcantara Avenue GP: Grading Permit FD: Fire Depadment PD -7 Master Plan of Development BP: Building Permit Fl: Final Inspection PD: Police Department CE: City Engineer CUP 2000-0024/ZCH 2000-0008 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney Recommendations contained in the report are to be incorporated into the project plans. Fire Marshal 17. Dimension the width of driveway. A minimum 16' BP BS paved with 20' total width access with a minimum head clearance of 13'-6" is to be provided to each building location. Access drives with slopes less than 12% are to have an all-weather surface. Access drives with slopes equal to or greater than 12% are to be paved. 18. Show location of existing and any proposed fire BP BS hydrants. As presented, the project requires one fire hydrant located within 250 feet of any point along the front property boundary. 19. Provide a letter from the Atascadero Mutual Water BP BS Company stating the minimum expected water available to the site. Amount available must meet min. requirement specified in the California Fire Code. 20. Note approved address signage is to be provided. BP BS 21. Note on plans that fire lanes shall be delineated to BP BS restrict parking as required by the Fire Authority. 22. Access drive where it bridges the creekway is to be BP BS designed and maintained to the satisfaction of the Public Works department to support a minimum 40,000 Ib. Imposed load at 25 miles per hour for fire apparatus. City Engineer Standard Conditions 23. Public frontage improvements, on site grading and GP, BP CE drainage plans and the driveway plans shall be produced by a registered civil engineer. The plans shall be in the form required in the City of Atascadero Engineering Standards. The plans will be reviewed and approved by the City Engineer. 24. All public improvements shall be constructed in GP, BP CE conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 25. The applicant shall enter into a Plan Check & GP, BP CE Inspection agreement with the City. 26. The applicant shall be responsible for the protection, GP, BP CE relocation and/or alteration of existing utilities. 27. The applicant shall install all new utilities (water, gas, GP, BP CE electric, cable TV and telephone) underground. 28. The applicant shall monument all property corners for GP, BP CE construction control and shall promptly replace them if disturbed. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 66340 Alcantara Avenue GP: Grading Permit FD: Fire Depadment PD -7 Master Plan of Development BP: Building Permit Fl: Final Inspection PD: Police Department CE: City Engineer CUP 2000-0024/ZCH 2000-0008 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney 29. Prior to issuance of building permits, the applicant GP, BP CE shall submit a grading and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. 30. Prior to the final inspection, all outstanding plan check GP, BP CE and inspection fees shall be paid. 31. Prior to the final inspection, the applicant shall submit GP, BP CE a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC). 32. Prior to recording the Tract Map, the applicant shall GP, BP CE submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 33. In the event that the applicant is allowed to bond for GP, BP CE any public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. An engineer's estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. The Subdivision Improvement Agreement shall record concurrently with the Final Map. 34. A preliminary subdivision guarantee shall be GP, BP CE submitted for review in conjunction with the processing of the Tract Map. 35. The final map shall be signed by the City Engineer GP, BP CE prior to the map being placed on the agenda for City Council acceptance. 36. Prior to recording the Tract Map, the applicant shall GP, BP CE pay all outstanding plan check/inspection fees. 37. Prior to recording the Tract Map, the applicant shall GP, BP CE set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 38. All existing and proposed utility, pipeline, open space, GP, BP CE or other easements are to be shown on the Tract Map. If there are building or other restrictions related to the easements, they shall be noted on the final/parcel map. The applicant shall show all access restrictions on the final/parcel map. 39. Prior to recording the parcel map, the applicant shall GP, BP CE have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 66340 Alcantara Avenue GP: Grading Permit FD: Fire Depadment PD -7 Master Plan of Development BP: Building Permit Fl: Final Inspection PD: Police Department CE: City Engineer CUP 2000-0024/ZCH 2000-0008 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 40. Prior to the issuance of building permits the applicant GP, BP CE shall submit plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. City Engineer Site Specific Conditions 41. This project is required to pave Tecorida Ave, with GP, BP CE Curb and Gutter on the east side, from the end of the existing paving on the south side of the project to the end of the existing paving (at the barricade) for orderly development and traffic circulation. The length of this paving is approximately 128 feet. 42. Frontage improvements required are curb and gutter GP, BP CE on the east side of Tecorida Ave and concrete drive approach or concrete cross gutter at the driveway to allow the drainage to be conveyed down Tecorida. 43. Public Sanitary Sewer shall be extended from GP, BP CE property line to property line. 44. Final project inspection shall be contingent upon GP, BP CE completion of the public sewer extension and Public Works final inspection. A City of Atascadero Sewer Extension Performance Agreement shall be executed. 45. Applicant shall pay sewer Extension Fees for five (5) GP, BP CE newly created lots and Connection fees upon issuance of building permit. Sewer connection permits shall be issued separately from building permit after public sewer extension has been completed and has received a satisfactory final Public Works inspection. Each building shall be separately and independently connected with the public sewer. A backflow valve shall protect sewer piping serving fixtures which have flood level rims located below the elevation of the next upstream manhole (or cleanout) cover. Atascadero Mutual Water Company 46. Prior to recordation of the final map, the applicant GP, BP CE shall submit plans for review and approval by AMWC for all existing and proposed water distribution facilities that provide water service to the proposed lots. All new water distribution facilities shall be constructed in conformance with Atascadero Mutual Water Company Standards. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 66340 Alcantara Avenue GP: Grading Permit FD: Fire Depadment PD -7 Master Plan of Development BP: Building Permit Fl: Final Inspection PD: Police Department CE: City Engineer CUP 2000-0024/ZCH 2000-0008 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney 47. Prior to the issuance of building permits, the applicant GP, BP CE shall obtain a "Will Serve" letter from the Atascadero Mutual Water Company for the newly created lots. 48. Prior to the start of construction, the applicant shall GP, BP CE pay all installation and connection fees required by the Atascadero Mutual Water Company, or enter in to a "deferred connection" agreement. 49. Private easements may be needed for the private GP, BP CE water service lines that serve parcels which do not front on Tecorida Road. 50. Water meters located on Tecorida Ave for Lots 1 and GP, BP CE 6 are in acceptable location. Meters for newly created Lots 3, 4 & 5 need to be located on frontage of road at Tecorida Ave and private utility easements provided for private service lines to parcels. Mitigation Measures BP PS 1.c.1 Mitigation Measure 1.c.1: All lighting shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 30 -feet in height, limit intensity to 2.0 foot candles at ingress /egress, and otherwise 0.6 foot candle minimum to 1.0 maximum in parking areas. Fixtures shall be shield cut-off type. Mitigation Measure 1.c.2: The project landscape shall include BP PS 1.c.2 requiring one 24 -inch box sized tree within the front yard of each new residence. Mitigation Measure 3.b: The project shall be conditioned to BP BS 3.b comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in section 6.4 of the Air Quality Handbook. All site grading and demolition plans notes shall list the following regulations: A. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage, preferably in the late morning and after work is finished for the day. B. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e. greater than 20 mph averaged over one hour) so as to prevent excessive amounts of dust. C. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. D. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. E. Permanent dust control measured identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. F. Exposed ground areas that are planned to be reworked at Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 66340 Alcantara Avenue GP: Grading Permit FD: Fire Depadment PD -7 Master Plan of Development BP: Building Permit Fl: Final Inspection PD: Police Department CE: City Engineer CUP 2000-0024/ZCH 2000-0008 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney dates greater than one month after initial grading shall be sown with fast -germinating native grass seed and watered until vegetation becomes established. G. All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods in advance by the APCD. H. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible. In addition, structural foundations shall be completed as soon as possible following building pad construction. I. On-site vehicle speed shall be limited to 15 mph for any unpaved surface. J. All unpaved areas with vehicle traffic shall be watered at least twice per day, using non -potable water. K. Streets adjacent to the project site shall be swept daily to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust from leaving the site. L. Wheel washers may be required when significant offsite import or export of fill is involved. M. Large canopy shade trees shall be provided along street frontages and within parking areas to shade paved areas and minimize urban heat build-up. Mitigation Measure 4.b.1: The proposed creek bridge shall be BP, GP PS 4.b.1 supported by city -approved caissons. Caisson locations shall be tested prior to drilling to insure that no major roots are damaged. Adjacent trees shall have tree trunk protection (2"x4"x8' boards wired together and secured around the tree trunk prior to bridge construction). Mitigation Measure 4.b.2: As recommended by California BP, GP PS 4.b.2 Department of Fish & Game Notification R3-2001-0171: ■ All work in the stream shall be confined to June 15 to October 15. ■ No equipment will be operated in live (wet) stream channels. ■ Any runoff during construction shall be diverted so as not to enter the stream. Sediment catchment basins, erosion control mats, fabric fences, or other appropriate means shall be used when such diversion are necessary. ■ Wash water containing mud or silt from construction operations shall not be allowed to enter the stream. ■ Structures and associated materials not designed to withstand high seasonal flows shall be removed to areas above the high water mark before such flows occur. ■ No debris, soil, silt, bark, sawdust, rubbish, cement or concrete or washing thereof, oil or petroleum products or other organic or earthen material from construction or associated activity or whatever nature shall be allowed to enter into or placed where it may be washed by rainfall or runoff into the stream. When operation are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high water mark of the stream. Mitigation Measure 4.e.1: The building permit site plan shall BP, GP PS 4.e.1 identify all protection and enhancement measures Conditions of Approval / Mitigation Monitoring Program 66340 Alcantara Avenue PD -7 Master Plan of Development CUP 2000-0024/ZCH 2000-0008 Timing BL: Business License GP: Grading Permit BP: Building Permit Fl: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Depadment PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure recommended by the Certified Arborist in the Tree Protection Plan. Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. Mitigation Measure 4.e.2: The developer shall contract with a BP, GP PS 4.e.2 certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. As identified in the tree protection plan, the root zone equals 1 -foot radius for every 1 inch of tree trunk diameter. Several trees on this site will require tree trunk protection. Tree trunk protection is 2" x 4" x8 foot boards that are wired together and placed around the tree trunk. Trees requiring this protection are: #5, 6, 20, 21, 22, 32, 33, 34, and 35 as identified on the Tree Protection Plan. (c) As specified by the arborist report and City staff: ■ Remove all berry vines and trees designated for removal by hand; ■ Prune all trees to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ Grub only for the proposed driveway (do not grade nor compact). ■ Install porous pavers over a three-inch bed of % inch granite covered with one -inch pea gravel for screeding. ■ Use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one -foot by one -foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on- site arborist. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 66340 Alcantara Avenue GP: Grading Permit FD: Fire Depadment PD -7 Master Plan of Development BP: Building Permit Fl: Final Inspection PD: Police Department CE: City Engineer CUP 2000-0024/ZCH 2000-0008 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 5.e: Should any cultural resources be GP BS 5.e unearthed during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. Mitigation Measure 6.b.1: The grading permit application GP PS, BS, CE 6.b.1 plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.b.2: All cut and fill slopes shall be GP PS, BS, CE 6.b.2 hydroseeded with an appropriate erosion control method (erosion control blanket, hydro -mulch, or straw mulch appropriately anchored) immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6.c.d: A soils report shall be required to be GP BS 6.c.d submitted with a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for occupants and buildings. Mitigation Measure 8.e.f.1: A Stormwater Pollution Prevention GP PS, BS, CE 8.e.f.1 Plan (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for GP PS, BS, CE 8.0.2 ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.d: All construction activities shall BP, GP PS, BS 11.d comply with the City of Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: —i 7 a.m. to 7 p.m. Monday through Friday _i 9 a.m. to 6 p.m. Saturday Conditions of Approval / Mitigation Monitoring Program 66340 Alcantara Avenue PD-7 Master Plan of Development CUP 2000-0024/ZCH 2000-0008 Timing BL: Business License GP: Grading Permit BP: Building Permit Fl: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Depadment PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure - i No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Planning Commission. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. Mitigation Measure 16.c.1: Points of concentrated drainage GP BS, CE 16.c.1 into the creek shall incorporate natural rock riprap designed to blend with the natural landscape and function to dissipate energy and eliminate creek bank erosion, subject to review and approval of the City Engineer. EXHIBIT B: Site Plan EXHIBIT C: Statistical Summary of Project Proposed Project Summary Building Footprint 1744 sf 1872 sf 1238 sf 1560 sf 1560 sf 1229 sf (not to exceed 35%) 21% 22% 20% 23% 20% 18% Landscaped Area 5330 sf 6440 sf 4000 sf 3970 sf 4690 sf 4770 sf (minimum 40%) 63% 76% 66% 59% 59% 71% Covered Parking 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces Guest Parking 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces Floor Plan C existing A B B Reverse D Lower Living Area 1304 sf 1250 sf 798 sf 1119 sf 1119 sf 789 sf Upper Living Area 1566 sf I none 1916 sf 1914 sf 1914 sf 730 sf Garage 1440 sf 1440 sf 1440 sf 1440 sf 1440 sf 440sf EXHIBIT D: Landscape Plan v 9 El 1j€6 Roil sI i R v 9 El 1j€6 " RIN o �pl,a $10 sI a � 3i EXHIBIT E: Grading and Drainage Plan .c A3 .Al, �eo��o° N 01 w • s III �a !a� r � r , I fit e L Mn t { e�e Le{'sp, II Z eyr, `ft � L r. Sa • � !x r R3�F r tem R„ ad �o� �\•y. $1z ,s IV i lv?6 L E2 gi:�g:li :i«r yY JA t, ��II IpQ�I ��b�&�• a�}g¢ �1 � 1 it R$ Ea it z n2 N 01 It y __ _ 4_ r , I fit e L t { `ft e e It y __ _ 4_ EXHIBIT F: Lot 1 - ELEVATIONS AND FLOOR PLANS RI 1 I T UDR 4 OOR PLAN I C4��- 04j(FRLOOR PLAN EXHIBIT F: Lot 3 - ELEVATIONS AND FLOOR PLANS 1= rin- i1 LEFT ELEVAT ON e��oN•��rye1 TI N OMW An N LOT 3 0 EEi. FLOM PLAN LOT 3 lipt— :4 EXHIBIT F: Lot 4 - ELEVATIONS AND FLOOR PLANS LOT 4 EXHIBIT F: Lot 5 - ELEVATIONS AND FLOOR PLANS DID 0-R ENATION FMD MOMELEVAnOti. LOT 5 0] TOT EXHIBIT F: Lot 6 - ELEVATIONS AND FLOOR PLANS BIGHT SIDE ELEVATION LOT 6' t f .. 0 o O L_ � O WY.1YQlL` - lid b ern ni.0 LOT 6 EXHIBIT G: EXTERIOR COLOR & MATERIAL SAMPLE BOARDS NOT AVAILABLE ON-LINE. ATTACHMENT 5: Draft Resolution PC 2003-0006 PD -7 Master Plan of Development (CUP 2000-0024)/ZCH2O00-0008/TTM2001-0011 Approval of Proposed Vesting Tentative Tract Map DRAFT RESOLUTION PC 2003-0006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE VESTING TENTATIVE TRACT MAP 2001-0011, A SIX LOT MAP CONSISTENT WITH A PD -7 OVERLAY ZONE OF APN 030-029-065 (6340 Alcantara Avenue / Russell) WHEREAS, an application has been received from Jimmie D. Shores (PO Box 216, Atascadero, CA 93423) Applicant and Property Owner to consider a project consisting of a Zone Change from RMF -10 (Residential Multi -Family) to RMF -10 / PD -7 (Residential Multi -Family with Planned Development Overlay #7) with the adoption of a Master Plan of Development, and a six lot residential Tentative Tract Map on APN 030-292-065; and, WHEREAS, the site's General Plan Designation is MDR (Medium -Density Residential); and, WHEREAS, the site's current zoning district is RMF -10 (Residential Multi -Family); and, WHEREAS, the Planning Commission has recommended that a site be rezoned to include a PD -7 overlay with a Master Plan of Development thereby allowing a six lot subdivision of the site; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Tract Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on January 21, 2003, studied and considered Tentative Tract Map 2001- 0011, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, NOW, THEREFORE, the Planning Commission takes the following actions: Section 1. Findings of Approval for Tentative Tract May, the Planning Commission of the City of Atascadero finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District #7 Master Plan of Development (CUP 2000-0024). 4. The site is physically suitable for the type of development proposed. 5. The site is physically suitable for the density of development proposed. 6. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 7. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. The design of the subdivision will provide a bridge spanning the on-site seasonal creek. 9. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on November 6, 2001, resolved to recommend that the City Council approval of Vesting Tentative Tract Map (TTM 2001- 0011) subject to the following: 1. Exhibit A: Vesting Tentative Tract Map 2001-0011 2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) CITY OF ATASCADERO, CA David Bentz Chairperson Attest: Warren M. Frace Community Development Director Exhibit A: Vesting Tentative Tract Map 2001-0011 Exhibit B: Conditions Of Approval / Mitigation Monitoring Program Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 6340 Alcantara Avenue BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2001-0011 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. Planning Services 1. The approval of this Tentative Tract Map shall not FM PS become final and effective following approval of Zone Change 2000-0008 and CUP 2000-0024. 2. Approval of this Tentative Tract Map shall be valid for FM PS two years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have FM PS the authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The Tract Map shall be subject to additional fees for FM PS park or recreation purposes (QUIMBY Act) as required by City Ordinance. 5. The applicant shall record CC&R's for the subdivision FM PS subject to the review and approval of the City Engineer, City Attorney and Planning Services. The CC&R's shall identify the maintenance responsibilities of all private driveways, sewer facilities, drainage facilities, common parking areas, site lighting, landscape areas, fencing, and other common facilities. The CC&R's shall also state that all exterior colors, exterior materials, yard fencing and site landscaping shall be consistent with the overall master plan of development. 6. The granting of this entitlement shall apply to the On going PS property located at 6340 Alcantara Avenue (APN 030- 292-065) regardless of owner. 7. The Final Map shall be drawn in substantial FM PS conformance with the approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 8. The subdivider shall defend, indemnify, and hold FM PS harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services 6340 Alcantara Avenue SIP: Subdivision FD: FireDepadment Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2001-0011 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney FO: Final Occupancy AMWC: Water Comp. concerning the subdivision. 9. One unit shall be reserved as deed restricted affordable FM PS unit in the moderate category. 10. Apply the following tree mitigation: (Mitigation Fee GP PS,CE Table) Evergreen Native Trees (inches) Deciduous Native Trees (inches) Totals dbh notes dbh notes 1 0 -inches 1 244 -inches 64 white oak trees 2 2 0 -inches ranging in size from 3 3 0 -inches 2 - 18 inches 4 4 0 -inches 5 5 0 -inches 6 0 -inches 7 0 -inches 6 8 0 -inches Total 0 -inches Total 244 -inches 244 -inches Mitigation Requirement req'd tree replacements: 0 five gal trees req'd tree replacements: 81 five gal trees 81 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 9 five gal trees 9 five gal trees 0 box trees (24") 5 box trees (24") 5 box trees (24") Remaining Mitigation 0 five gal trees Remaining Mitigation 62 five gal trees 62 five gal trees oror Tree Fund Payment: $ Tree Fund Payment: $ 3,116.67 $ 3,116.67 City Engineer Site Specific Conditions Building Services 11. A soils investigation prepared by a licensed FM CE Geotechnical Engineer is to be provided for the project. The report is to be provided at the time of building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. Fire Marshal 12. Dimension the width of driveway. A minimum 20' FM CE wide access with a minimum head clearance of 13'-6" is to be provided to each building location. Access drives with slopes less than 12% are to have an all- weather surface. Access drives with slopes equal to or greater than 12% are to be paved. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 6340 Alcantara Avenue BP: Building Permit SIP: Subdivision BS: Building Services FD: FireDepadment Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2001-0011 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney FO: Final Occupancy AMWC: Water Comp. 13. Show location of existing and any proposed fire FM CE hydrants. As presented, the project requires one fire hydrant located within 250 feet of any point along the front property boundary. 14. Provide a letter from the Atascadero Mutual Water FM CE Company stating the minimum expected water available to the site. Amount available must meet minimum requirement specified in the California Fire Code. 15. Note that approved address signage is to be FM CE provided. 16. Note on plans that fire lanes shall be delineated to FM CE restrict parking as required by the Fire Authority. 17. Access drive where it bridges the creekway is to be FM CE designed and maintained to the satisfaction of the Public Works department to support a minimum 40,000 Ib. Imposed load at 25 miles per hour for fire apparatus. City Engineer Standard Conditions 18. Public frontage improvements, on site grading and BP CE drainage plans and the driveway plans shall be produced by a registered civil engineer. The plans shall be in the form required in the City of Atascadero Engineering Standards. The plans will be reviewed and approved by the City Engineer. 19. All public improvements shall be constructed in BP CE conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 20. The applicant shall enter into a Plan Check & BP CE Inspection agreement with the City. 21. The applicant shall be responsible for the protection, BP CE relocation and/or alteration of existing utilities. 22. The applicant shall install all new utilities (water, gas, Ongoing CE electric, cable TV and telephone) underground. 23. The applicant shall monument all property corners for FM CE construction control and shall promptly replace them if disturbed. 24. Prior to issuance of building permits, the applicant FM CE shall submit a grading and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. 25. Prior to the final inspection, all outstanding plan check FM CE and inspection fees shall be paid. 26. Prior to the final inspection, the applicant shall submit FM CE a written statement from a registered civil engineer that all work has been completed and is in full Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 6340 Alcantara Avenue BP: Building Permit SIP: Subdivision BS: Building Services FD: FireDepadment Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2001-0011 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney FO: Final Occupancy AMWC: Water Comp. compliance with the approved plans and the Uniform Building Code (UBC). 27. Prior to recording the Tract Map, the applicant shall FM CE submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 28. In the event that the applicant is allowed to bond for FM CE any public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. An engineer's estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. The Subdivision Improvement Agreement shall record concurrently with the Final Map. 29. A preliminary subdivision guarantee shall be FM CE submitted for review in conjunction with the processing of the Tract Map. 30. The final map shall be signed by the City Engineer FM CE prior to the map being placed on the agenda for City Council acceptance. 31. Prior to recording the Tract Map, the applicant shall FM CE pay all outstanding plan check/inspection fees. 32. Prior to recording the Tract Map, the applicant shall set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 33. All existing and proposed utility, pipeline, open space, FM AMWC or other easements are to be shown on the Tract Map. If there are building or other restrictions related to the easements, they shall be noted on the final/parcel map. The applicant shall show all access restrictions on the final/parcel map. 34. Prior to recording the parcel map, the applicant shall FM AMWC have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 35. Prior to the issuance of building permits the applicant BP AMWC shall submit plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 6340 Alcantara Avenue BP: Building Permit SIP: Subdivision BS: Building Services FD: FireDepadment Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2001-0011 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney FO: Final Occupancy AMWC: Water Comp. approval by the City Engineer. City Engineer Site Specific Conditions 36. This project is required to pave Tecorida Ave, with FP AMWC Curb and Gutter on the east side, from the end of the existing paving on the south side of the project to the end of the existing paving (at the barricade) for orderly development and traffic circulation. The length of this paving is approximately 128 feet. 37. Frontage improvements required are curb and gutter BP AMWC on the east side of Tecorida Ave and concrete drive approach or concrete cross gutter at the driveway to allow the drainage to be conveyed down Tecorida. 38. Provisions for on-site circulation reciprocal access FM CE between the adjacent westerly property shall be required at the location identified on the site plan. Wastewater Department 39. Public SS shall be extended to the far property line. BP CE/WW 40. Each building shall be separately and independently BP CE/WW connected with the public sewer. 41. Drainage piping serving fixtures which have flood level BP CE/WW rims located below the elevation of the next upstream manhole (or cleanout) cover shall be protected by a backflow valve. 42. Sewer connection permits shall be issued separately BP CE/WW (from building permit) after public sewer extension has been completed and has received a satisfactory final Public Works inspection. 43. Final project inspection shall be contingent upon BP CE/WW completion of the public sewer extension and Public Works final inspection. Atascadero Mutual Water Company 44. Prior to recordation of the final map, the applicant GP, BP CE shall submit plans for review and approval by AMWC for all existing and proposed water distribution facilities that provide water service to the proposed lots. All new water distribution facilities shall be constructed in conformance with Atascadero Mutual Water Company Standards. 45. Prior to the issuance of building permits, the applicant GP, BP CE shall obtain a "Will Serve" letter from the Atascadero Mutual Water Company for the newly created lots. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 6340 Alcantara Avenue BP: Building Permit SIP: Subdivision BS: Building Services FD: FireDepadment Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2001-0011 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney FO: Final Occupancy AMWC: Water Comp. 46. Prior to the start of construction, the applicant shall GP, BP CE pay all installation and connection fees required by the Atascadero Mutual Water Company, or enter in to a "deferred connection" agreement. 47. Private easements may be needed for the private GP, BP CE water service lines that serve parcels which do not front on Tecorida Road. 48. Water meters located on Tecorida Ave for Lots 1 and GP, BP CE 6 are in acceptable location. Meters for newly created Lots 3, 4 & 5 need to be located on frontage of road at Tecorida Ave and private utility easements provided for private service lines to parcels. Mitigation Measures BP PS 1.c.1 Mitigation Measure 1.c.1: All lighting shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 30 -feet in height, limit intensity to 2.0 foot candles at ingress /egress, and otherwise 0.6 foot candle minimum to 1.0 maximum in parking areas. Fixtures shall be shield cut-off type. Mitigation Measure 1.c.2: The project landscape shall include BP PS 1.c.2 requiring one 24 -inch box sized tree within the front yard of each new residence. Mitigation Measure 3.b: The project shall be conditioned to BP BS 3.1b comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in section 6.4 of the Air Quality Handbook. All site grading and demolition plans notes shall list the following regulations: C. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage, preferably in the late morning and after work is finished for the day. D. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e. greater than 20 mph averaged over one hour) so as to prevent excessive amounts of dust. M. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. N. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. O. Permanent dust control measured identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. P. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast -germinating native grass seed and watered Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 6340 Alcantara Avenue BP: Building Permit SIP: Subdivision BS: Building Services FD: FireDepadment Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2001-0011 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney FO: Final Occupancy AMWC: Water Comp. until vegetation becomes established. Q. All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods in advance by the APCD. R. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible. In addition, structural foundations shall be completed as soon as possible following building pad construction. S. On-site vehicle speed shall be limited to 15 mph for any unpaved surface. T. All unpaved areas with vehicle traffic shall be watered at least twice per day, using non -potable water. U. Streets adjacent to the project site shall be swept daily to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust from leaving the site. V. Wheel washers may be required when significant offsite import or export of fill is involved. M. Large canopy shade trees shall be provided along street frontages and within parking areas to shade paved areas and minimize urban heat build-up. Mitigation Measure 4.b.1: The proposed creek bridge shall be BP, GP PS 4.b.1 supported by city -approved caissons. Caisson locations shall be tested prior to drilling to insure that no major roots are damaged. Adjacent trees shall have tree trunk protection (2"x4"x8' boards wired together and secured around the tree trunk prior to bridge construction). Mitigation Measure 4.b.2: As recommended by California BP, GP PS 4.b.2 Department of Fish & Game Notification R3-2001-0171: ■ All work in the stream shall be confined to June 15 to October 15. ■ No equipment will be operated in live (wet) stream channels. ■ Any runoff during construction shall be diverted so as not to enter the stream. Sediment catchment basins, erosion control mats, fabric fences, or other appropriate means shall be used when such diversion are necessary. ■ Wash water containing mud or silt from construction operations shall not be allowed to enter the stream. ■ Structures and associated materials not designed to withstand high seasonal flows shall be removed to areas above the high water mark before such flows occur. ■ No debris, soil, silt, bark, sawdust, rubbish, cement or concrete or washing thereof, oil or petroleum products or other organic or earthen material from construction or associated activity or whatever nature shall be allowed to enter into or placed where it may be washed by rainfall or runoff into the stream. When operation are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high water mark of the stream. Mitigation Measure 4.e.1: The building permit site plan shall BP, GP PS 4.e.1 identify all protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan. Tree protection fencing shall be installed at the locations Conditions of Approval / Mitigation Monitoring Program 6340 Alcantara Avenue Vesting Tentative Tract Map TTM 2001-0011 Timing Responsibility Mitigation /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services SIP: Subdivision FD: FireDepadment Improvement Plans PD: Police Department FM: Final Map CE: City Engineer TO: Temporary Occupancy WW: Wastewater FI: Final inspection CA: City Attorney FO: Final Occupancy AMWC: Water Comp. called out in the Tree Protection Plan. Mitigation Measure 4.e.2: The developer shall contract with a BP, GP PS 4.e.2 certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. As identified in the tree protection plan, the root zone equals 1 -foot radius for every 1 inch of tree trunk diameter. Several trees on this site will require tree trunk protection. Tree trunk protection is 2" x 4" x8 foot boards that are wired together and placed around the tree trunk. Trees requiring this protection are: #5, 6, 20, 21, 22, 32, 33, 34, and 35 as identified on the Tree Protection Plan. (c) As specified by the arborist report and City staff: ■ Remove all berry vines and trees designated for removal by hand; ■ Prune all trees to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. • Grub only for the proposed driveway (do not grade nor compact). ■ Install porous pavers over a three-inch bed of % inch granite covered with one -inch pea gravel for screeding. ■ Use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one -foot by one -foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on- site arborist. d Upon project completion and prior to final occupancy a Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 6340 Alcantara Avenue BP: Building Permit SIP: Subdivision BS: Building Services FD: FireDepadment Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2001-0011 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney FO: Final Occupancy AMWC: Water Comp. final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 5.e: Should any cultural resources be GP BS 5.e unearthed during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. Mitigation Measure 6.b.1: The grading permit application GP PS, BS, CE 6.b.1 plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.b.2: All cut and fill slopes shall be GP PS, BS, CE 6.b.2 hydroseeded with an appropriate erosion control method (erosion control blanket, hydro -mulch, or straw mulch appropriately anchored) immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6.c.d: A soils report shall be required to be GP BS 6.c.d submitted with a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for occupants and buildings. Mitigation Measure 8.e.f.1: A Stormwater Pollution Prevention GP PS, BS, CE 8.e.f.1 Plan (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for GP PS, BS, CE 8.0.2 ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.d: All construction activities shall BP, GP PS, BS 11.d comply with the City of Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: I 7 a.m. to 7 p.m. Monday through Friday _J 9 a.m. to 6 p.m. Saturday Conditions of Approval / Mitigation Monitoring Program 6340 Alcantara Avenue Vesting Tentative Tract Map TTM 2001-0011 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: FireDepadment PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Planning Commission. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. Mitigation Measure 16.c.1: Points of concentrated drainage GP BS, CE 16.c.1 into the creek shall incorporate natural rock riprap designed to blend with the natural landscape and function to dissipate energy and eliminate creek bank erosion, subject to review and approval of the City Engineer. Planning Commission Sta Public Hearing SUBJECT: ITEM NUMBER: DATE Report Conditional Use Permit 2001-0043 Commercial Storage Center 2850 El Camino Real (Michael Frederick/Elkins) 5 1/21/03 TITLE: COMMERCIAL STORAGE CENTER; CONDITIONAL USE PERMIT 2001-0043: An application to construct a mini -storage facility consisting of 30,250 square -feet of storage buildings, a 2,450 square -feet and 1,550 commercial office building, parking lot, utilities, and landscaping on two vacant lots of record in the Commercial Park zoning district. RECOMMENDATION: Staff Recommends: Adoption of Planning Commission Resolution 2003-0008 approving Conditional Use Permit 2001-0043, a request by Michael Frederick to construct 30,250 +/- square feet of commercial storage buildings designed for mini -storage use, a 2,450 and 1,550 square - foot commercial office, parking lot, utilities, and landscaping at 2850 El Camino Real subject to findings and conditions. SITUATION AND FACTS: 1. Applicant: Michael Frederick, P.O. Box 573, Atascadero, CA 93423 (805)-466-5060 2. Representative: Joe Elkins, P.O. Box 550, Templeton, CA 93465 (805)-434-1821 3. Project Address: 2850 El Camino, Atascadero, 93422, APN 049-201- 021 4. General Plan Designation: 5. Zoning District: 6. Site Area: 7. Existing Use: 8. Environmental Determination DISCUSSION: Project Site: ITEM NUMBER: 5 DATE: 1/21/03 General Commercial Commercial Park 1.40 acres Vacant Mitigated Negative Declaration posted December 30, 2002 The site is located on two parcels of 1.25 and 0.48 acres, on the west side of El Camino Real approximately '/2 mile north of San Anselmo Road. The site also fronts U.S. Highway 101. The property is bordered by commercial park uses on either side, including Fredericks Paving Yard to the south. The property slopes gently towards U.S. Highway 101 and contains two native trees. ITEM NUMBER: 5 DATE: 1/21/03 Analysis of Planning Issues: Proposed Use: The proposed project is a commercial mini -storage development. The project at buildout will consist of approximately 30,250 square feet of mini -storage buildings and 4,550 square feet of office buildings. The use is allowed conditionally according to the Zoning Ordinance. Project Design: Architecture: Appearance review is part of the project approval. The exterior commercial buildings have been designed using a variety of colors, materials, roof lines, trim bands, and other design elements, including corner tower features. The design is similar and typical to mini -storage developments in the county. Staff has conditioned the project to include landscape screening along El Camino Real and the U.S. Highway 101 corridor. The rear elevation does provide some architectural interest, however, additional landscaping will need to be incorporated into the design to further minimize blank wall appearances. Mini -storage buildings will not be visible from the public roadway and have not been conditioned for appearance. NJ _ POW Mll I I!il.l 1 I' ��,.�:, 'AAs�.l'���i III, IW IIII!PIl41i!(n '1111 III �II'11r1 �I Rllllllllii.l6-�� �,.tl��y�;.m�j����!��1 �A .1 L\ IIISII 115111111:4111111 'pu, n \ Pti �f31 'I V 1) } IIIIIIIIIII AIIUIuiL.W�11111N'.JIUI►u, 11' �u!uue4arl»:Ir�, — ,�• w �uv.=a l{ 1 +n ro+rnm m u yl l .1�lnunu n .'=moral -WuuU1 a R l l lnn',(p;=:, 21N19;"uir iv'idlt! p ,"1'mUi{in a ul'u I nV.:o i4!dii lllj�l`uu�IlJtio!���IIL'1JIIIIIIIILIiIIlti0111U0N1 Ialll �n'lfll)fl�=:':�=IIINF;_ -1��, �__-1lllllllllllllllllllllllllllgidl� Mit �,&7 Min :Illt';d1,�wIIWtl1111L i!Du'"���PI�IILI�IIIIIIII�I%IIIuA 1111N'ii II�INIH'wmunmuug�unu_.�ti IUlIIhn.lU41VI1W�c—� �— ,E �nu!vnitruuululuui!!!�'all �,-�;pi-�nnlu.,u�g'.i-.mlru �.'ll—l�fipfaq'IVI�iI�,IIIN76'��Ir� ITEM NUMBER: 5 DATE: 1/21/03 Traffic/Site Access: The site will have a single access drive from El Camino Real. The project has been conditioned to provide Public Improvements where the site entrance meets El Camino Real. Improvements will include Parking Mini -storage facilities are anticipated to be an especially low volume use, therefore requiring only minimal on site parking. Based on the on-site parking requirements for mini -storage and commercial office uses, the site is required to provide 2 parking spaces for a manager's office and 1 per 500 square -feet of commercial office space for a total of 7 spaces required. The project meets this requirement with a total of 10 on-site parking spaces. Site Design /Landscaping: The applicant has provided a landscape plan for the site. The landscape plan provides a mix of ground cover, medium sized shrubs and shade trees. A landscape berm has been provided along the Highway 101 frontage that eliminates off-site glare resulting from the headlights of cars parking towards the freeway and provides a visual screen of the parking lot from U.S. Highway 101. The project has been conditioned to provide an rw.ia�l 1-f�.v. pu%6 6nA N. -rf*_ .S{ + �'G.1ao cxrro eielnnc�+ A ZW rH%M 31,0 Yr Yo 1 I 15 IV" 1 ":W 51.0 li I I c PAA& AN a WA raa 1 p DiA9 ON 51 .. . I 4W 1W F 4MO GN bl ' i *,1" IIH 61 I N b4So j{H 51 � ' I 1 Y170 QN 61 • ' � I J lob AN 71 • 1 K VrA—' S9t{cv.5l dbA MZ4. b[[ '21,W Y11 ! I.4Ntr+x w K.o.W PG44LT7Nh IK6 4' 77 Irole rWi HbYZs rMN _ 1 1 I M N vpw bNJ I � I 1 l I //\\ AL.gCIVL iTA1CMlcf � I I rytki a \ \ W4b,M 1CRM.t` Y P�MWh �b.Yd \1_ I/ jII Ijj� ..TI� d 6.D• 6. . L K*%W • FM59W f1.Y11'16r "Tt i Na p4snN4 WV69 Parking Mini -storage facilities are anticipated to be an especially low volume use, therefore requiring only minimal on site parking. Based on the on-site parking requirements for mini -storage and commercial office uses, the site is required to provide 2 parking spaces for a manager's office and 1 per 500 square -feet of commercial office space for a total of 7 spaces required. The project meets this requirement with a total of 10 on-site parking spaces. Site Design /Landscaping: The applicant has provided a landscape plan for the site. The landscape plan provides a mix of ground cover, medium sized shrubs and shade trees. A landscape berm has been provided along the Highway 101 frontage that eliminates off-site glare resulting from the headlights of cars parking towards the freeway and provides a visual screen of the parking lot from U.S. Highway 101. The project has been conditioned to provide an ITEM NUMBER: 5 DATE: 1/21/03 increase in the landscaping along the rear of the building, and plant and maintain native oak trees at 25 -feet on center within the CalTrans right-of-way. The project has been conditioned to obtain the necessary encroachment permits from CalTrans for landscape encroachment. (Condition 10) Oak Tree Removals: The project is proposing to remove two 14 -inch live oaks. There are no other native trees on the parcel. The applicant has provided a report (see attached) from an Arborist requesting the removal of the native trees. The applicant will be required to mitigate for the removals according to the Atascadero Native Tree Ordinance. Evergreen Native Trees (inches) Deciduous Native Trees (inches) I Totals dbh notes 1 14 -inches live oak 1 2 14 -inches live oak 2 3 3 4 4 5 5 6 6 Total 28 -inches Mitigation Requirement req'd tree replacements: Proposed Replanting dbh notes 0 -inches Total 0 -inches 9 five gal trees req'd tree replacements: 0 five gal trees 0 five gal trees Proposed Replanting 0 five gal trees 0 box trees (24") 0 box trees (24") 28 -inches 9 five gal trees 0 five gal trees 0 box trees (24" Remaining Mitigation 9 five gal trees Remaining Mitigation 0 five gal trees 1 9 five gal trees Tree Fund Payment: $ 466.67 Tree Fund Payment: $ - 1 $ 466.67 Noise: There is a potential for noise impacts to single family residences on the east side of El Camino Real from parking lot maintenance on site. A mitigation measure limiting the hours of parking lot maintenance has been added to the Mitigated Negative Declaration to lessen this potential impact. (Mitigation Measure l Ld.) Lighting_ Potential light and glare impacts from the site have been addressed through standard commercial project mitigation measures contained in the Mitigated Negative Declaration. Hooded lighting directed on-site with standard wattages have been specified for parking lot areas. (Condition 5, Mitigation Measure l.c.) Site Drainage Issues: A storm drain currently traverses the site from El Camino Real to U.S. Highway 101. The project has been designed to convey offsite flow and onsite storm ITEM NUMBER: 5 DATE: 1/21/03 drainage through an onsite storm drain. Storm water is then conveyed to a pipe in the CalTrans right of way. Approval will be required from CalTrans for this encroachment and installation of facilities. No retention is required for this project based on the fact that the existing site is paved with impervious asphalt. (Condition 18) Public Improvements: The City Engineer will require public improvements along the property frontage. El Camino Real will be widened to city standards. Curbs, gutters, sidewalks, and drainage facilities will be installed along the project frontage. (Conditions 22 & 23) Conditional Use Permit Findings: The site is in the Commercial Park zoning district where the use is an allowed use; however the project exceeds 10,000 square feet. Under Section 9-2.109 of the City's Zoning Ordinance, projects over 10,000 square feet require the approval of a Conditional Use Permit. In order to approve the Conditional Use Permit the Planning Commission is required to make the following findings: 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 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. 5. 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. Environmental Review: The Initial Study concluded that there would be no significant harm to the environment as a result of this Conditional Use Permit, when mitigation measures are implemented. 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 2003-0008. CONCLUSION: The proposed use is consistent with the General Plan and satisfies all applicable provisions of the Zoning Ordinance. The project will not be detrimental to the health, safety or welfare of the general public and the proposed use is consistent with the ITEM NUMBER: 5 DATE: 1/21/03 character of the immediate neighborhood. Additionally, the proposed use will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project. ALTERNATIVES: 1. The Planning Commission may approve Conditional Use Permit 2001-0043 with modified conditions of approval. 2. The Planning Commission may deny Conditional Use Permit 2001-0043 based on appropriate findings. To deny the application, the Commission must find that it is inconsistent with one of the required findings. The motion to deny must include a finding for denial. 3. The Planning Commission may continue the application and refer the project back to staff for additional information or analysis. Direction should be given to staff and the applicant. PREPARED BY: Glenn Rider, Associate Planner ATTACHMENTS: Attachment 1: Zoning and General Plan Designation Attachment 2: Arborist Report Attachment 3: Draft Resolution PC 2003-0008 \\Cityhall\CDvlpmnt\- CUP - Conditional Use Permits\CUP 01\CUP 2001-0043 ECR Frederick's Mini-Storage\CUP 2001-0043.PC-SR. 1.21.02.gr.doc ITEM NUMBER: DATE: 1/21/03 Attachment 1: Zoning and General Plan Map CUP 2001-0043 Frederick's Mini -Storage 2850 EI Camino Real Zoning District: Commercial Park General Plan Designation: Commercial Park ITEM NUMBER: 5 DATE: 1/21/03 ATTACHMENT 2: Arborist Request for Tree Removal CUP 2001-0043 802 PASO ROBLES STREET PASO.ROBLES, CALIFORNIA 93446 805/239-1239 FAX 805/2393742 ARBOR TREE 9ult"RY April 29> 2002 RECEIVED Michael Frederick P.O. sox 573 MAY 1 7 2002 Atascadero Ca. 93422 COMMUNl7Y CEVELOPMEiJT This report, was requested in regards to the two Live Oak trees located at 2850 El Camino Real, Atascadero Ca. The nature of this report is to request the removal of these two trees. The Horizontal Control Plan #C20 (Plot Plan) was used to review the site. The trees requesting to be removed were located and noted as follows. A= Live Oak, triple crotched a tdbh total diameter is approximately 24 inches. B= Live Oak, single stern tdbli 14 inches. The developer has planed a storage unit facility within the site; this appears to be within the purpose it has been zoned. The developer has proposed to replace the removed Live oak trees with nine (9) White Oak trees 15 gallon minimmn containers. Steven G. Alvarez Certified Arborist #WC -0511 ITEM NUMBER: DATE: 1/21/03 ATTACHMENT 3: Draft Resolution PC 2003-0008 CUP 2001-0043: 2850 EI Camino Real Commercial Storage Center DRAFT RESOLUTION NO. PC 2003-0008 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING CONDITIONAL USE PERMIT 2001-0043 A REQUEST BY MICHAEL FREDERICK TO CONSTRUCT A 30,250 +/- SQUARE -FOOT COMMERCIAL STORAGE CENTER, AND A 2,450 AND 1,550 SQUARE -FOOT COMMERCIAL OFFICE BUILDING, PARKING LOT, LANDSCAPING, AND UTILITIES IN THE COMMERCIAL PARK ZONING DISTRICT. (2850 El Camino Real, Atascadero, 93422, APN 049-201-021, Rinaldi) WHEREAS, an application has been received from Michael Frederick, P.O. Box 573, Atascadero, CA 93423 (Property Owner and Applicant), to consider Conditional Use Permit 2001-0043, allowing the construction of an approximately 30,250 square -foot commercial storage building and a 2,450 and 1,550 square -foot commercial office building at 2850 El Camino Real, Atascadero, 93422, APN 049-201-021 & 049-201-010; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2002- 0040 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing following the close of the review period for the Initial Study and Draft Mitigated Negative Declaration to consider its adequacy; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Certification of Mitigated Negative Declaration. The Planning Commission of the City of Atascadero, hereby certifies Mitigated Negative Declaration 2002-0040 based on the following findings: 1. The Mitigated Negative Declaration has been completed in compliance with requirements of the California Environmental Quality Act; and, 2. The project does not have the potential to degrade the environment, when mitigation measures are implemented; and, 3. The project will not achieve short-term to the disadvantage of long-term environmental goals, when mitigation measures are implemented; and, ITEM NUMBER: 5 DATE: 1/21/03 4. The project does not have impacts which are individually limited, but cumulatively considerable, when mitigation measures are implemented; and, 5. The project will not cause substantial adverse effects on human beings either directly or indirectly, when mitigation measures are implemented. 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. Findings for Approval of Native Tree Removal 1. The 28 -inch live oak shown to be removed is dead, diseased or dying as certified by a tree condition report from an Arborist. BE IT FURTHER RESOLVED, that the Planning Commission does hereby approve Conditional Use Permit 2001-0043 allowing the construction of approximately 30,250 square -foot commercial storage buildings, a 2,450 and 1,550 square -foot commercial office building, parking lot, landscaping, and utilities at 2850 El Camino Real, Atascadero, 93422, APN 049-201-021 & 049-201-010; and, consistent with the following Exhibits: ITEM NUMBER: 5 DATE: 1/21/03 EXHIBIT A: Mitigated Negative Declaration EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan EXHIBIT D: Landscape Plan EXHIBIT E: Elevations EXHIBIT F: Color and Materials Board EXHIBIT G: Trash Enclosure EXHIBIT H: Grading and Drainage Plan On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: AB SENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA David Bentz, Planning Commission Chairperson Attest: Warren Frace Community Development Director ITEM NUMBER: DATE: 1/21/03 EXHIBIT A: Draft Mitigated Negative Declaration Draft Resolution PC 2003-0008 ITEM NUMBER: DATE: 1/21/03 EXHIBIT B: Conditions of Approval Draft Resolution PC 2003-0008 CUP 2001-0043 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2001-0043 /Monitoring Measure PS: Planning Services 2850 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer Commercial Storage Center TO: TemporaryOccupancy WW: Wastewater F0: Final Occupancy CA: City Attorney Planning Services Standard Conditions 1. The approval of this use permit shall become final and BP 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 BP 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 building permit or applied for an extension of entitlement. 3. The granting of this Conditional Use Permit shall apply to Ongoing PS APN 030-232-015, 016, 024, and 028, regardless of owner. 4. The Community Development Department shall have the BP PS authority to approve minor changes to the project that (1) increase the square footage of the project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Conditional Use Permit. Project Conditions 5. All exterior lighting shall consist of decorative full cut off BP/FO PS 1.D (shoebox) lighting fixtures with flat or recessed lens. Parking lot lights will be shielded to prevent off site glare. Building wall-pac lights are not permitted. 6. Two bicycle storage racks shall be provided for the BP/FO PS 3.C. commercial site. The bike racks shall be located in a convenient and secure location. 7. A reciprocal access, utility, and parking easement shall be BP PS recorded for the site. 8. All roof mounted equipment shall be screened from public Ongoing PS view ITEM NUMBER: DATE: 1/21/03 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2001-0043 /Monitoring Measure PS: Planning Services 2850 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer Commercial Storage Center TO: TemporaryOccupancy WW: Wastewater F0: Final Occupancy CA: City Attorney 9. All electrical meters and utility equipment shall be painted to BP/FO PS match the building and screened with landscaping. 10. The landscape plan for the U.S. Highway 101 corridor shall FO PS conform to the CalTrans / City of Atascadero landscape encroachment template. The applicant shall receive the proper permits from Caltrans prior to installing the plant material. 11. The applicant shall apply for and receive approval of an Prior to PS Administrative Use Permit for a Master Sign Program for site signage on signage. the site Building/Safety/Fire Marshall Conditions 12. Plans and Construction shall be in conformance with the 2001 California Building Code, 2001 California Mechanical Code, 2001 California Plumbing Code, 2000 California Electrical Code, 2001 California Fire Code, 2001 Model Energy Code and the Atascadero Municipal Code 13. Provide one fire hydrant on EI Camino Real within the project frontage, constructed to city standards. City Engineer Prosect Conditions 14. This project will connect to the existing storm drain that drains on to the site as shown on the plans. The flow will be allowed to continue to flow through the site to the Caltrans right-of-way. 15. No Building or structures shall be constructed over the storm drain as shown on the plans. The plans will be revised to allow for access and maintenance over the entire storm drain crossing the site 16. The easement recently granted to the adjoining property to the north will be show on the construction documents. The plans shall be designed to allow the construction of the proposed 17. The applicant shall provide the City with written approval of the encroachment and the drainage calculations of the storm drain in the CalTrans right-of-way. 18. Drainage calculations are required per Section 5 of Atascadero Engineering Standards. Submit calculations to support the design of any structures or pipes. Closed conduits shall be designed to convey the 10 -year flow with ITEM NUMBER: DATE: 1/21/03 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2001-0043 /Monitoring Measure PS: Planning Services 2850 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer Commercial Storage Center TO: TemporaryOccupancy WW: Wastewater FO: Final Occupancy CA: City Attorney gravity flow, the 25 -year flow with head, and provide safe conveyance for the 100 year overflow 19. Obtain approval by the City Engineer of the grading & drainage plan and the storm drain design & facilities 20. Show the method of dispersal at all pipe outlets. Include specifications for size & type. 21. A 15 -foot public drainage easement will be granted to the City for the storm drain prior to the issuance of a building permit. Public Improvements 22. Full frontage improvements are required with this development. These include curb, gutter, sidewalk and pave out. Transitions for drainage, public pedestrian access and road widening, on both ends of the property on EI Camino Real, shall be per City standards. Public Improvement plans shall be submitted detailing the design. A Licensed Civil Engineer will sign the plans 23. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. Wastewater 24. The sewer main in EI Camino Real is not yet constructed. A City project has started to construct the main. The buildings on the site will not be occupied until the system is completed 25. This project shall connect to City sewer. The design and construction of the connection shall follow all City standards. All fees and reimbursements shall be paid at the time of permit issuance. Applicant shall pay sewer extension (annexation) fees upon issuance of building permit. Sewer Connection and Reimbursement fees shall be payable upon actual connection of the buildings to the public sewer system. 26. A backflow protection device shall be on all connections, as shown on the project plans 27. Drainage piping serving fixtures which have flood level rims located below the elevation of the next upstream manhole cover of the public sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such ITEM NUMBER: DATE: 1/21/03 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2001-0043 /Monitoring Measure PS: Planning Services 2850 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer Commercial Storage Center TO: TemporaryOccupancy WW: Wastewater FO: Final Occupancy CA: City Attorney elevation shall not discharge through the backwater valve On -Site Circulation 28. An easement for access across the front parcel to the rear parcel shall be granted if the parcels are under different ownership. City Engineer Standard Conditions 29. The applicant shall enter into a Plan Check & Inspection BP CE agreement with the City 30. The applicant shall be responsible for the protection, relocation and/or alteration of existing utilities. 31. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. 32. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 33. Prior to issuance of building permits, the applicant shall submit a grading and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. 34. Prior to the final inspection, all outstanding plan check and inspection fees shall be paid. 35. Prior to the final inspection, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC). 36. Prior to the issuance of building permits, the applicant shall submit plans showing the water distribution facilities required to serve the project for review and approval by the Atascadero Mutual Water Company. ITEM NUMBER: DATE: 1/21/03 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2001-0043 /Monitoring Measure PS: Planning Services 2850 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer Commercial Storage Center TO: TemporaryOccupancy WW: Wastewater F0: Final Occupancy CA: City Attorney 37. The plans shall show all facilities required for fire protection. The plans shall show all cross -connection devices required to isolate the fire protection and landscape irrigation systems from the domestic water system. Prior to approval of the water system plans by Atascadero Mutual Water Company, the applicant shall pay all installation and connection fees required by the Atascadero Mutual Water Company 38. Prior to the issuance of building permits, the applicant shall obtain a "Will Serve" letter from the Atascadero Mutual Water Company. 39. All water distribution facilities shall be constructed in conformance with Atascadero Mutual Water Company standards, policies and approved procedures. All cross - connection devices shall be constructed in conformance with AWWA and Department of Health Services standards. ITEM NUMBER: 5 DATE: 1/21/03 EXHIBIT C: Site Plan Draft Resolution PC 2001-052 CUP 2001-0042 4 S.loi � TO ro I �f rU - VR - 9 13 I al SE SE se el I I x „ } II0 v _ V' k` A O _'IKIAL U69 I� t o ~ F MI4IAGL FICWERIGK FxY114 ro " s,3 •'°""0•'"O01Ci0M ATA6GA17FRv,aJ. H34P2 fZ�J.I- AIR}: oyl •2ol�l flahlG: 605.44-4.6060 ITEM NUMBER: DATE: EXHIBIT D: Landscape Plan Draft Resolution PC 2001-052 CUP 2001-0042 5 1/21/03 EXHIBIT D: Landscape Plan Draft Resolution PC 2001-052 CUP 2001-0042 ITEM NUMBER: 5 DATE: 1/21/03 PLANT LIST e -NJ -r -Y r � C m �GaMM!~��IAI. dFr« SIZE TRFFS: Cedrue deodars / Deador Cedar 17-15 gal Plateaus meemoss / California Sycamore 6 -15 gal t-PAF=9 Quercus agdfolla / Comes Lim Oak 9 -15 gal GEl�Nt.TrH✓5 SHRUU.- L� I'� Arctoetaphyloe'Howard McMann'/Manzanita 49-1 gal Ceanothue 'Dark Star / Dark Star Ceanothue 19-1 gal -----r/ Cerclo o"Identalle / Weetem Redbud 11-15081 SROUNDCOVFR Roeamarinus'KenTaykr'/RosemaryOroundcover 200-1 gal PFRFNIAI C, Cletus "Mifollus / Sageleaf Rockroee 15-1981 Erlgeron karvineklanue / Santa Bambara Daley 25-1081 Hellctotrkhon eampervirene / Blue Oat limes /5 -1 gal Lavanduls angusUfolls / Lavender 20 -1 gal e -NJ -r -Y r � C m �GaMM!~��IAI. dFr« ITEM NUMBER: 5 DATE: 1/21/03 EXHIBIT E: Architectural Elevations Draft Resolution PC 2001-052 CUP 2001-0042 k�C I i =.� L. 1;NI=• ('zI Ir=aai�= 1=1 9y � _Ir - - FaIRE ��rl� I�I-tl-lam= O •t��-�'�_ 1F.- ii __�I G E ♦ .� sr �I Fill ITEM NUMBER: 5 DATE: 1/21/03 EXHIBIT F: Color and Material Board Draft Resolution PC 2001-052 CUP 2001-0042 • i �_ D1I`- 6C��i IL -K la I IE Em N �• Z - 1 1 I - ILI ITEM NUMBER: 5 DATE: 1/21/03 EXHIBIT H: Grading and Drainage Plan Draft Resolution PC 2001-052 CUP 2001-0042 ITEM NUMBER: DATE: 1-21-03 RESOLUTION NO. PC 2003-0002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO DENYING 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 7:00pm, and considered testimony and reports from staff, the applicants, and the public; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 2. Findings for denial of Conditional Use Permit. The Planning Commission finds as follows: The establishment, and subsequent operation or conduct of the use will, 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, 2. The proposed project will be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and, SECTION 3. Denial of Conditional Use Permit. The Planning Commission does hereby deny Conditional Use Permit 2002-0055 to establish a bed and breakfast within an existing residence at 7129 San Gregorio Rd. (APN 049-183-010, 011). ITEM NUMBER: 3 DATE: 1-21-03 On motion by Commissioner Eddings, and seconded by Commissioner Jones the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Commissioners Eddings, Jones, Porter, Kelley and Bentz (5) NOES: None (0) ABSENT: Commissioned Fonzi (1) ABSTAIN: None (0) ADOPTED: January 7, 2003 CITY OF ATASCADERO, CA David Bentz Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary \\Cityhall\CDvlpmnt\- CUP - Conditional Use Permits\CUP 02\CUP 2002-0055 Cadwell Bed & Breakfast\Final Reso.deny.doc ITEM NUMBER: 4 DATE: 1/21/03 Planning Commission Staff Report Public Hearing Reconsideration of Conditional Use Permit 89-008 Senior Assisted -Care Living Facility Site Plan Amendment (Atascadero Christian Home/Rinaldi) SUBJECT: A reconsideration of the original Conditional Use Permit #89-008, for Atascadero Christian Home to amend the existing site plan for a senior assisted -care living facility operating in Atascadero since 1957. The project proposes to relocate 19 previously approved cottage sites, and associated access roads, parking, and utilities on the existing site. The project density was approved in 1989 under CUP #89-008. Construction will be phased over a 20 -year period. RECOMMENDATION: Staff Recommends: Adoption of Planning Commission Resolution 2003-0007 approving the reconsideration of Conditional Use Permit 89-008. SITUATION AND FACTS: 1. Representative: John Rinaldi, Architect. 3506 El Camino Real, Atascadero, CA 805-466-5896 2. Applicant/Property Owner: Atascadero Christian Home, 8455 Santa Rosa, Atascadero CA. 805-549-8973 3. Project Address: 8455 Santa Rosa Road, Atascadero Christian Home 4. General Plan Designation: Single Family Residential 5. Zoning District: Residential Single Family -Y 6. Site Area: +/- 15.5 Acres 7. Existing Use: Senior Assisted -Care Living Facility ITEM NUMBER: 4 DATE: 1/21/03 8. Environmental Determination: Mitigated Negative Declaration proposed for the project posted on 12/30/02. DISCUSSION: Background: Atascadero Christian Home (ACH) is an existing assisted care living facility for seniors. The facility contains dwelling units for those capable of independent living, as well as those requiring 24-hour assistance. ACH was originally established for residential care in 1957 and is located in a single-family zone. A variety of health, therapeutic, and social services are provided to serve the specialized needs of seniors at limited assisted -care levels. The primary objectives of the program are to provide care and housing for seniors of limited independence. The program emphasizes partnership with the participant, the family, the physician, and the community in working towards maintaining personal independence. The project site is located on Santa Rosa Road within the Residential Single Family -Y (RSF-Y) zone district with a minimum lot size of one acre. The RSF-Y zone district conditionally allows skilled nursing facilities and residential care facilities, where the number of residents is over 6. Main Staff Facilities On -Site In March of 1985, the Planning Commission considered a proposal to expand the facility in two phases. The proposed ten-year development schedule included a skilled nursing facility, new board and care facilities and additional cottages for independent living. During the hearings, the Planning Commission and surrounding property owners expressed concern over the density and scale of the project. As a result, the Commission approved the project but eliminated the board and care and skilled nursing facilities. The ITEM NUMBER: 4 DATE: 1/21/03 applicant appealed the Planning Commission's decision to the City Council, but the appeal was denied. In January of 1991, the Atascadero Christian Home reapplied for expansion as Conditional Use Permit 8-89. The Commission approved the expansion, including the addition of 32 new one -bedroom independent cottages and two new board and care facilities (a total of 40 new units), with modifications to allow for more open space. In February of 1998, a request to reconsider the conditions of approval for CUP 8-89 was considered by the Planning Commission. The request allowed for the construction of an additional two-story residential unit and the expansion of the dining room. The Commission approved this request. ANALYSIS The current request is to amend the site plan, which requires a reconsideration of the conditional use permit approved in 1989. The reconsideration is subject to findings that the proposed modifications are consistent with the original intent of CUP 89-008, as analyzed below. Project Site: The majority of the proposed relocation area is on the rear half of the existing site at 8455 Santa Rosa Road. New Project Area' 'I Existing Facilitiesl Santa Rosa Road The site is gently sloped with scattered areas of native oaks and non-native trees. The site is surrounded by the homes in Single Family -Y zoning district (1 acre minimum lot sizes). View looking North At Area Proposed For Cottages. Original Site Plan: ITEM NUMBER: 4 DATE: 1/21/03 View Looking Northwest At Area Proposed For Cottages Relocation Areas M. 17 Approved Units To Be Relocated 1A F IkO Relocation Areas 2 Additional Units Will Come From Q<' Demo Of Existing .4 Structures F ITEM NUMBER: 4 DATE: 1121/03 Proposed Site Plan: The 15+1- acre site has been a senior care facility since 1957. Condition 1 of CUP 89-008 requires that the Planning Commission approve any modifications to the approved site plan. The project involves relocation of 19 previously approved new cottage sites, and associated grading and drainage, new access driveway routes, relocated parking areas and utilities routes. There are no new residential units proposed beyond what the Planning Commission approved in 1989. NPw Cite Plan Existing Facilities Area ITEM NUMBER: 4 DATE: 1/21/03 Parking Areas and Circulation: Relocated units will access the rear of the parcel via an extension of driveways off of the existing circular drive that connects the two-entrance/exit points on Santa Rosa Road. The majority of site circulation activity and parking demand has traditionally come from visitors during the day. Circulation impacts are not significant due to a non -driving resident population and the existence of bus transportation at the facility. The front of the main facility building (parking lot area) will continue to be utilized as a pick-up/drop off area, with staff assisting seniors safely to the their homes. Visitor traffic beyond normal medium density single-family residential neighborhood activity is not anticipated. Light: Although evening activity is limited, there is a potential of automobile from the site onto neighboring properties. Staff has included a condition of approval to install systems of hedges and solid screening fences in sensitive perimeter areas, which will mitigate offsite light impacts. Operations: Residents live on-site year-round and staff is generally available 24 -hours a day. Operations are minimal after hours. The primary use of the site is residential and staff does not foresee any additional disturbances beyond that of a normal single-family neighborhood. Native Trees: The applicant has submitted a Tree Protection Plan for the proposed project (Mitigation Measure 4.e.1,2,3). Staff has reviewed the plan and added specific preservation measures to be implemented in the field per the Atascadero Native Tree Ordinance. The amended plan is attached to the Mitigated Negative Declaration. The plan requires tree protection fencing at the drip lines of native trees The plan also requires installation of pervious pavers in proposed access road route areas that encroach into native tree drip lines The project proposes to remove two native oak trees: one 14 -inch coast live oak, and one multi -trunk live oak at 17 -inch and 20 -inches (refer to Attachment 5 of Mitigated Negative Declaration). The multi -trunk oak requires approval by the Planning Commission to remove. Staff recommends removal of the tree. A draft resolution has been included to this effect. ITEM NUMBER: 4 DATE: 1/21/03 Tree Mitigation Table Evergreen Native Trees (inches) Deciduous Native Trees (inches) Totals dbh notes dbh notes req'd tree replacements: 1 14 -inches live oak 1 0 five gal trees 2 17 -inches live oak 2 0 five gal trees 3 20 -inches live oak 3 0 five gal trees 4 4 5 5 Remaining Mitigation 6 6 0 five gal trees Total 51 -inches Total 0 -inches 51 -inches Mitigation Requirement req'd tree replacements: 9 five gal trees req'd tree replacements: 0 five gal trees 9 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees (24") 0 box trees (24") 0 box trees (24") Remaining Mitigation 9 five gal trees Remaining Mitigation 0 five gal trees 9 five gal trees Tree Fund Payment: $ 425.00 Tree Fund Payment: $ - $ 425.00 20 -Year Phasing: The phasing of site construction over 20 -years will remain the same as proposed in the 1989 Conditional Use Permit approval. Phase I will include demolition of one existing structure and construction of three detached cottage -style buildings at the west front of the parcel (near Santa Rosa Road). This building permit was submitted recently and is in the review process. A 10 -unit building would be constructed next in a central location and will be utilized by staff and residents. Road improvements that serve this phase would occur at this time. Phase three would include four cottages and road improvements at the western rear of the parcel. Phase four would include construction of seven centrally located cottages, road improvements, and a storm water detention basin. Phase five would include the remaining five cottages and road installation at the eastern rear of the parcel. ITEM NUMBER: 4 DATE: 1/21/03 MAP OF PROJECT PHASES Conditional Use Permit Findings of Approval: In order to approve the Conditional Use Permit, the Planning Commission is required to make the following findings: 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 ITEM NUMBER: 4 DATE: 1/21/03 the neighborhood of the use, or be detrimental of 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. 5. 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. As analyzed above, it appears that the Planning Commission could make the required findings to approve the proposed reconsideration. Environmental Review: The Initial Study concludes that there would be no significant harm to the environment as a result of this Conditional Use Permit, when mitigation measures are implemented. 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 2003-0007. The posted Mitigated Negative Declaration erroneously refers to the project as an expansion. When, in fact, the project only relocates previously approved living units and associated improvements within the project site as analyzed within the staff report. Staff has reviewed the proposed Mitigated Negative Declaration and determined that the environmental analysis remains consistent with the proposed project and that all Mitigation Measures are applicable, reducing any potential impacts to a level of insignificance. CONCLUSION: Atascadero Christian Home is well established within the community. The proposed site and circulation changes appear to be within the original intent of the CUP and due notice has been served to surrounding neighbors. Therefore, it appears that the findings can be made to approve the reconsideration consistent with the intent of the original Conditional Use Permit. ALTERNATIVES: 1. The Planning Commission may approve Conditional Use Permit #89-008 with additional or modified conditions of approval. ITEM NUMBER: 4 DATE: 1/21/03 2. The Planning Commission may deny Conditional Use Permit #89-008, based on appropriate findings. To deny the application, the Commission must find that it is inconsistent with one of the required findings. The motion to deny must include a finding for denial. 3. The Planning Commission may continue the application and refer the project back to staff for additional information or analysis. Direction should be given to staff and the applicant. PREPARED BY: Glenn Rider, Associate Planner ATTACHMENTS: Attachment 1: Zoning and General Plan Map Attachment 2: Draft Resolution PC 2003-0007 Attachment 3: Mitigated Negative Declaration 2002-0052 Attachment 4: Tree Protection Report Attachment 5: Project Photographs ITEM NUMBER: 4 DATE: 1/21/03 Attachment 1: Location and Zoning Map Reconsideration of CUP 89-008 8455 Santa Rosa Attachment 2: Draft Resolution PC 2003-0007 Reconsideration of CUP 89-008 8455 Santa Rosa Road EXHIBIT A: Draft Resolution PC 2003-0007 ITEM NUMBER: 4 DATE: 1/21/03 Attachment 2: Draft Resolution PC 2003-0007 Reconsideration of Conditional Use Permit 89-008 8455 Santa Rosa DRAFT RESOLUTION PC 2003-0007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A RECONSIDERATION OF CONDITIONAL USE PERMIT 89-008 TO AMEND THE SITE PLAN OF AN EXISTING SENIOR CARE FACILITY BY RELOCATING 20 NEW COTTAGE - STYLE SENIOR RESIDENCES, ACCESS ROADS, PARKING, AND UTILITIES ON A 15+/- ACRE LOT IN THE RESIDENTIAL SINGLE FAMILY -Y ZONING DISTRICT. (Atascadero Christian Home/Rinaldi) WHEREAS, an application for a Conditional Use Permit has been received from Atascadero Christian Home, 8455 Santa Rosa Road, Atascadero, CA to amend the site plan by the relocation of new senior housing, access roads, parking, and utilities on a 15+/- acre parcel and, WHEREAS, the proposed project is located within the Single Family Residential land use designation of the City of Atascadero's General Plan Land Use Diagram; and, WHEREAS, the proposed project is located in the in the Residential Single Family -Y (RSF-Y) Zoning District where Adult Day Care/Residential Care is a conditionally allowed use subject to certain findings of approval; and, WHEREAS; the Planning Commission conducted a duly noticed public hearing certifying the Mitigated Negative Declaration and approving the Conditional Use Permit application on January 21, 2003, at 7:00 p.m. to consider testimony and reports from staff, the applicants, and the public; and, NOW, THEREFORE, the Planning Commission takes the following actions: ITEM NUMBER: 4 DATE: 1/21/03 SECTION 1. Certification of Mitigated Negative Declaration. The Planning Commission of the City of Atascadero, hereby certifies Mitigated Negative Declaration 2002-0052 based on the following findings: 1. The Mitigated Negative Declaration has been completed in compliance with requirements of the California Environmental Quality Act; and, 2. The project does not have the potential to degrade the environment when mitigation measures are implemented; and, 3. The project will not achieve short-term to the disadvantage of long-term environmental goals, when mitigation measures are implemented; and, 4. The project does not have impacts which are individually limited, but cumulatively considerable, when mitigation measures are implemented; and, 5. The project will not cause substantial adverse effects on human beings either directly or indirectly, when mitigation measures are implemented. SECTION 2. Findings for Approval of Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan; and, 2. The proposed project or use satisfies all applicable provisions of the Zoning Ordinance; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 3. Approval. The Planning Commission hereby approves the Reconsideration of Conditional Use Permit 89-008 subject to the following Conditions and Exhibits: ITEM NUMBER: 4 DATE: 1/21/03 SECTION 4. Findings for Approval of Native Tree Removal. The 17 and 20 - inch multi -trunk live oak shown to be removed is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the site planner and determined by the Community Development Department. EXHIBIT A: Site Plan 2. EXHIBIT B: Grading & Drainage Plan 3. EXHIBIT C: Phasing Plan 4. EXHIBIT D: Elevations 5. EXHIBIT E: Conditions of Approval ITEM NUMBER: 4 DATE: 1/21/03 On motion by Commissioner and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ABSTAINED: ADOPTED: CITY OF ATASCADERO, CA David Bentz, Chairperson ATTEST: Warren Frace, Planning Commission Secretary ITEM NUMBER: 4 DATE: 1/21/03 EXHIBIT A: Draft Resolution PC 2003-0007 Site Plan Reconsideration of Conditional Use Permit 89-008 I1loiI7R� .II ' $ � �� T 41T 1 rn n ;0f.1 p fit. r. d v S''s -t C t,14>jig A _ '1111 m atjj Sid la v al rn z C; Z' yr -m $$ F 8',' z m G - < ' R r 0) 'a N 9gS ¢A s 81�o m 1 rn n ;0f.1 p fit. r. d v S''s -t C t,14>jig A _ '1111 m atjj r gg Ta -0 $$ m (7 SY D q1R $ rn z C; Z' yr �a .. m -m $$ F 8',' z m G - < s L 4 -< 8 oaf) ZOO, v y7 � r"C• inylll M N AI ITEM NUMBER: 4 DATE: 1/21/03 EXHIBIT B: Draft Resolution PC 2003-0007 Grading & Drainage Plan Reconsideration of Conditional Use Permit 89-008 y �ititI it IT _ it E v# t p �! `-QIt 6 AZ I PROPOSED UPROVdEMM QUOM t oRANAEE -- » x } x f} ERIC -J. GOBLER CIVIL ENGINEERING j ATASCADERO CHRISTIAN HOME } >n+ nor a. +o. ou +z .rr+ 056-30+-039 ! 6 10. Sul T. ROSH 00.0 •T C.l 9N22 V ? CITY OF ATASCADERO i ITEM NUMBER: 4 DATE: 1/21/03 EXHIBIT C: Draft Resolution PC 2003-0007 Phasing Plan Reconsideration of Conditional Use Permit 89-008 Phase I 1 Phase IV 1 7*1 0 U 11 Vol 11 rR - A Phase III 1 Qu Phase II 0 � Q jr Q Phase I • �/ e�`yirsi1 � • �'r4�w R ITEM NUMBER: 4 DATE: 1/21/03 EXHIBIT D: Draft Resolution PC 2003-0007 Elevations Reconsideration of Conditional Use Permit 89-008 Exhibit B: Building O Elevation and Floor Plan Resolution No. PC 2000-008 Conditional Use Pormit 8-89 8455 Santa Rosa Road Mission -Style Concrete Tile (Reddish -Brown Landscaping— - To Be 0 1? R ON T IE LIEVAT1l1N ^ Installed With Each Unit TWO B.R. 2 BATH 878 S.F. O, FLUIII' PLAN Cement Plaster With Stucco Finish (Light Beige) M ITEM NUMBER: 4 DATE: 1/21/03 EXHIBIT D: Draft Resolution PC 2003-0007 Elevations Reconsideration of Conditional Use Permit 89-008 Exhibit C: Building P Elevation and Floor Plan Resolution No. PC 2000-008 Conditional Use Permit 8-89 8455 Santa Rosa Road Mission -Style Concrete Tile (Reddish -Brown Landscaping iT _– T_-_--_ -- _.. To Be Installed — P' I" I' o N T Ic L 1_ V A T 1 0 N v•., With Each Unit A N Cement Plaster With Stucco Finish (Light Beige) ITEM NUMBER: DATE: 1/21/03 EXHIBIT E: Draft Resolution PC 2003-0007 Conditions Of Approval Reconsideration of Conditional Use Permit 89-008 Conditions of Approval Timing Responsibility Mitigation Reconsideration of CUP 89-008 /Monitoring Measure PS: Planning Services 8455 Santa Rosa Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney PLANNING SERVICES Standard Conditions 1. The approval of this use permit shall become final and BP PS effective for the purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Conditional Use permit shall be valid for BP 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 project has received a business license and/or building permit for tenant improvements. 3. The Community Development Department shall have the BP PS authority to approve minor changes to the project that (1) increase the square footage of the project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Conditional Use Permit / Master Plan of Development. Project Specific Conditions 4. All signage shall conform to the City's Sign Ordinance and PS master sign program allowed at the Atascadero Christian Home. 5. The Conditional Use Permit approval is non -transferable and specific to the Senior Home operated by Atascadero Christian Home Inc., located in the tenant space shown on Exhibit A. Future uses in this tenant space would require the approval of a separate Conditional Use Permit. 6. Temporary parking of vehicles for participant transportation PS shall be at a location at the entrance of the building, approved by the Community Development Department. 7. Subject to staff approval, landscape screening hedges and solid fences shall be installed in sensitive perimeter locations to prevent light impacts on neighboring single-family ITEM NUMBER: DATE: 1/21/03 Conditions of Approval Timing Responsibility Mitigation Reconsideration of CUP 89-008 /Monitoring Measure PS: Planning Services 8455 Santa Rosa Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney neighborhoods. PUBLIC WORKS CONDITIONS: DRAINAGE 8. Prior to permit issuance, the drainage system for the project will be designed per the drainage calculations produced by Eric Gobler, 9/3/01, and shall be approved by the City Engineer. The drainage system shall be constructed per these documents. 9. Prior to permit issuance, calculations shall be submitted to support the design of any structures or pipes. Closed conduits shall be designed to convey the 10 -year flow with gravity flow; the 25 -year flow with head, and provide safe conveyance for the 100 -year overflow. 10. Prior to permit issuance, the drainage basin shall be designed to provide for the detention of the 50 year developed storm runoff, while metering out the 2 year undeveloped storm runoff. Existing residences to the west of the project shall not be impacted with erosion or sedimentation from the basin. PUBLIC IMPROVEMENTS 11. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. WASTEWATER 12. The applicant shall construct any offsite sewer in easements. Easements for the existing 8 -inch sewer on the north end of the project shall be granted to the City. EASEMENTS & PROPERTY ISSUES 13. Prior to permit issuance, the applicant shall provide documentation for all of the easements required for construction, access, and utilities. 14. Prior to permit issuance, the applicant shall submit copies of all legal descriptions and exhibits for any required easements for the review and approval by the City Engineer. STANDARD CONDITIONS 15. The applicant shall enter into a Plan Check & Inspection ITEM NUMBER: DATE: 1/21/03 Conditions of Approval Timing Responsibility Mitigation Reconsideration of CUP 89-008 /Monitoring Measure PS: Planning Services 8455 Santa Rosa Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney agreement with the City. 16. The applicant shall be responsible for the protection, relocation, and/or alteration of existing utilities. 17. The applicant shall install all new utilities (water, gas, electric, cable TV, and telephone) underground. 18. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 19. Prior to permit issuance, the applicant shall submit a grading and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. 20. Prior to final inspection, all outstanding plan check and inspection fees shall be paid. 21. Prior to final inspection, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC). BUILDING/FIRE SAFETY 22. Prior to issuance of any building permit for any new or replacement structure on the project site, a comprehensive analysis of the existing on-site fire hydrant system is to be prepared by a qualified fire protection engineer for review by the Fire Authority. Documentation is to be provided showing all components of the existing system, and shall include sizes, locations, and material types. Fireflow information is to be provided for all hydrants in the system. 23. Prior to issuance of a building permit for any new or replacement structure on the project site, evidence must be provided to the satisfaction of the Fire Chief there exists an on-site fire hydrant system in conformance with currently adopted codes and ordinances which adequately addresses fire protection. Upgrading and/or adding to the existing fire hydrant system, if required, is to be performed by a qualified fire protection engineer. Projected fireflows for new hydrants are to be provided using proper modeling techniques. Proper permits are to be obtained prior to performing work as prescribed by ITEM NUMBER: DATE: 1/21/03 Conditions of Approval Timing Responsibility Mitigation Reconsideration of CUP 89-008 /Monitoring Measure PS: Planning Services 8455 Santa Rosa Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney currently adopted codes and ordinances. 24. Prior to issuance of any building permit for any new or replacement structure on the project site, the applicant shall provide, for review and approval by the Fire Authority, a plan for maintaining the existing and any future improvements to the on-site fire hydrant system. The plan must provide for a yearly inspection by a qualified fire protection engineer as prescribed in the Fire Code with results forwarded to the Fire Authority for review. 25. Placement and/or orientation of any future Fire Department Connections requires field approval by the Fire Authority prior to installation. 26. Fire Department access drives are to be marked as specified by Fire Authority to prevent their use as parking areas. 27. Plans and Construction shall be in conformance with the 2001 California Building Code, 2001 California Mechanical Code, 2001 California Plumbing Code, 2000 California Electrical Code, 2001 California Fire Code, 2001 Model Energy Code and the Atascadero Municipal Code. All 28. The applicant shall replace the existing single - detector -check -valve backflow prevention assembly, located at the western entrance to property, with a double -detector -check -valve backflow prevention assembly. The double -detector -check -valve assembly shall be approved and inspected by the County Health Department 29. If any of the proposed structures are to be converted to condominiums, the applicant shall provide a separate water meter for each individual condominium unit in conformance with AMWC policies. 30. Domestic water services shall not connect to the existing or proposed private water main on the site. Domestic water for the existing and proposed units shall be provided by metered services that connect directly to the AMWC system in conformance with AMWC policies. A separate, metered water service shall be provided for each parcel on the site in ITEM NUMBER: DATE: 1/21/03 Conditions of Approval Timing Responsibility Mitigation Reconsideration of CUP 89-008 /Monitoring Measure PS: Planning Services 8455 Santa Rosa Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney accordance with AMWC policies unless otherwise approved by the AMWC Board of Directors 31. Existing and proposed private, on-site fire hydrants shall not be used to provide water for construction or dust control purposes unless otherwise approved by AMWC. 32. AMWC will not inspect, accept, or maintain any portion of the existing or proposed private water system constructed on the site. 33. Remove any reference to Atascadero Mutual Water Company in the water notes on sheet 2 of 7 since the on-site water system is private and will not become part of the AMWC maintained system. 34. The existing and proposed private, on-site water distribution system, as designed, does not conform to AMWC policies or standards. Significant modifications to the design of the on-site system would be required in order for AMWC to accept it for operation and maintenance. 35. It is the applicant's responsibility to insure that the private, on-site water distribution system will provide water at adequate pressures and flows for fire suppression purposes. ITEM NUMBER: DATE: 1/21/03 Attachment 3: Mitigated Negative Declaration Reconsideration of CUP 89-008 8455 Santa Rosa ITEM NUMBER: DATE: 1/21/03 Attachment 4: Tree Report Reconsideration of CUP 89-008 8455 Santa Rosa ITEM NUMBER: 4 DATE: 1/21/03 Attachment 4: Tree Protection Plan Reconsideration of CUP 89-008 8455 Santa Rosa JWw ' e ICq ` 1 I ' � 0 The western portion of the parcel does not contain native trees therefore it has been omitted from the plan. Attachment 4: Tree Protection Plan Reconsideration of CUP 89-008 8455 Santa Rosa IN, ITEM NUMBER: 4 DATE: 1/21/03 r I z i Front Eastern Portion Of The Project Site ITEM NUMBER: DATE: 1/21/03 Attachment 5: Project Photographs Reconsideration of CUP 89-008 8455 Santa Rosa Planning Commission Staff R Public Hearing SUBJECT: ITEM NUMBER: 6 DATE: 1-21-03 ort Tentative Tract Map 2002-0022 Traffic Way Industrial Condominiums 4105 Traffic Way (Jim Shores/Eric Tarr/ Wilson Land Surveys) The proposed project consists of a Condominium Tentative Tract Map to divide three existing industrial buildings on three separate lots of record into four individual suites each for separate ownership. Grading and construction are not required for the project. RECOMMENDATION: Staff Recommends: 1. Adopt Resolution No. PC 2003-0011, recommending approval of Tentative Tract Map 2001-0012 to the City Council subject to findings and conditions of approval. SITUATION AND FACTS: 1. Applicant/Property Owner: Jim Shores, 6700 El Camino Real, Atascadero, CA 93422, 805-466-2767 2. Representative: Jim Menesez, Wilson Land Surveys, 7400 Morro Road, Atascadero, CA 93422 (805) 466-2445 3. Project Address: 4105- 4435 Traffic Way, Atascadero, 93422, APN 049-033-018, 049-033-019, 049-033-020 4. General Plan Designation: Industrial 5. Zoning District: Industrial 6. Site Area: 0.82, 1.14, 0.73 Acres ITEM NUMBER: 6 DATE: 1-21-03 7. Existing Use: Industrial 8. Environmental Determination: CEQA Exemption by Statute Section 15.301. Class I- Existing Facilities. (k) Subdivision of existing commercial or industrial buildings, where no physical changes occur which are not otherwise exempt. DISCUSSION: Condominium Background: Condominiums allow ownership of separate equity coupled with a right of exclusive occupancy, managed and maintained by an owner's association. A Condominium project allows for a mix of individual and common ownership. All Condominium projects are regulated by the Subdivision Map Act and by local subdivision ordinances. According to the City's Subdivision Ordinance, the tentative map application shall be accompanied by the declaration of covenants, conditions and restrictions (CC&R's), articles of incorporation, bylaws and contracts for the maintenance, management or operation of any part of the condominium conversion project, which would be applied on behalf of any and all owners of the condominium units within the project. In addition to the requirements of Civil Code Section 1355 and any requirements which might be imposed by the City consistent with these regulations, the organizational documents shall include provisions concerning the conveyance of units; the assignment of parking; an agreement for common area maintenance, including facilities and landscaping, an estimate of initial fees anticipated for such maintenance, an indication of responsibilities for maintenance of all utility lines and services for each unit. The applicant has provided a Condominium Plan and a Property Owners' Association Agreement for the project. All applicable City departments and the City Attorney have reviewed the submitted plan and deemed it complete. Project Site: The site is located at 4105-4435 Traffic Way in three existing industrial buildings, with associated parking lots, utilities, and landscaping. The property is bordered by existing industrial parks to the north and south, railroad tracks to the east, and medium density residential to the west across Traffic Way. �a � ® IwtlLN �rt Y1 ' /N8M1 I IylfAll Ml�Bwf_ ITEM NUMBER: 6 DATE: 1-21-03 urr M - �.w �a ----- ------- ----- Proposal: The proposed complex is a 3 -lot light industrial condo complex that consists of twelve separate condominium airspace lots providing for separate ownership of suites. Separate utilities are available to all suites proposed. Elevation of Existing Buildings' ITEM NUMBER: 6 DATE: 1-21-03 Existing Buildings' Floor Plan Parking: On site parking will be provided for the project, and the parking has been designed to meet requirements as provided in the Atascadero Zoning Ordinance. Specific parking lot requirements will be determined at time of building permit based on proposed uses of buildings. Traffic: The proposed access to the development is from El Camino Real an existing arterial roadway. The project will provide road improvements, consisting of a new curb, gutter and sidewalk to be developed in conjunction with the project. Light industrial uses are modeled to generate 7 trips / 1,000 square feet. Based on 33,000 square feet the project will generate 230 average daily trips, which is consistent with the General Plan assumptions for the site. The project is not anticipated to create a significant volume of traffic. The project has been designed in order to provide emergency equipment access to all portions of site. A,t,°r� ---------- r------------ — ——— —� -- ——— a A ,y.. ❑ Q © ® o o-�'e� �I •; l ® UNir'C' i. m 4 0 -- 0 FLOOR PLAN rxE:,r.rn Existing Buildings' Floor Plan Parking: On site parking will be provided for the project, and the parking has been designed to meet requirements as provided in the Atascadero Zoning Ordinance. Specific parking lot requirements will be determined at time of building permit based on proposed uses of buildings. Traffic: The proposed access to the development is from El Camino Real an existing arterial roadway. The project will provide road improvements, consisting of a new curb, gutter and sidewalk to be developed in conjunction with the project. Light industrial uses are modeled to generate 7 trips / 1,000 square feet. Based on 33,000 square feet the project will generate 230 average daily trips, which is consistent with the General Plan assumptions for the site. The project is not anticipated to create a significant volume of traffic. The project has been designed in order to provide emergency equipment access to all portions of site. ITEM NUMBER: DATE: 1-21-03 Subdivision Design: There is no minimum parcel size in the Industrial Zoning District. However, property development standards such as required parking spaces, landscaping, and site access have been met. Public Improvements: The City Engineer will require public improvements along the El Camino Real property frontage as part of the subdivision map. These improvements consist of curbs, gutter, sidewalks and road widening. All on site improvements will be constructed with buildings as part of the building permit process. Environmental Review: The project qualifies for a CEQA Exemption by Statute Section 15.301. Class I- Existing Facilities. (k) Subdivision of existing commercial or industrial buildings, where no physical changes occur which are not otherwise exempt. CONCLUSIONS: The subdivision is consistent with the City's Subdivision Ordinance; and the project density is in conformance with the General Plan; and ALTERNATIVES: The Planning Commission may approve the project with modified conditions of approval. 2. The Planning Commission may deny the project based on appropriate findings. To deny the application, the Commission must find that it is inconsistent with one of the required findings. The motion to deny must include a finding for denial. 3. The Planning Commission may continue the application and refer the project back to staff for additional information or analysis. Direction should be given to staff and the applicant. PREPARED BY: Glenn Rider, Associate Planner ITEM NUMBER: DATE: 1-21-03 ATTACHMENTS: Attachment 1: Zoning and General Plan Designation Map Attachment 2: Draft Resolution PC 2003-0011 Attachment 1: Zoning and General Plan Designation CUP 2002-0066 / TTM 2002-0017 4105-4435 Traffic Way Zoning District: Industrial General Plan Designation: Industrial ITEM NUMBER: DATE: 1-21-03 Project Site General Plan: Industrial Zoning: Industrial Total Area: 2.7 Acres r Attachment: Draft Resolution PC 2003-0011 Tentative Condominium Tract Map (Tract 2493) TTM 2002-0017 DRAFT RESOLUTION NO. PC 2003-0011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING TENTATIVE TRACT MAP 2002-0022 A REQUEST BY JIM SHORES TO CREATE 12 AIRSPACE CONDOMINIUMS ACROSS THREE EXISTING LEGAL LOTS OF RECORD AT 4105-4435 TRAFFIC WAY (APN 049-033-018, 049-033-019, 049-033-020) (TTM 2002-0022/ Shores) WHEREAS, an application has been received from Jim Shores, 6700 El Camino Real, Atascadero, CA 93422 (Property Owner and Applicant), to consider an Airspace Condominium Tentative Tract Map 2002-0022, allowing the subdivision of 3 legal lots of record into 4 airspace units on each at 4105-4435 Traffic Way, APN 049-033-018, 049-033- 019, 049-033-020; and, WHEREAS, the project is exempt from the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the site's General Plan Designation is I (Industrial); and, WHEREAS, the site's zoning district is I (Industrial); and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said projects; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on January 21, 2003, studied and considered TTM 2002-0022, and, NOW, THEREFORE, the Planning Commission takes the following actions: Section 1. Findin>?s of Approval for Tentative Tract Map, the Planning Commission of the City of Atascadero finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. Planning Commission Resolution 2003-0011 January 21, 2003 Page 2 of 11 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. Creation of lots smaller than 2.0 acres is consistent with the intent and purpose of the I zoning district based on the Master Site Plan. 9. The proposed conversion will not displace at significant number of low-income or moderate -income households or senior citizens at a time when no equivalent housing is readily available in the City. (Ord. 370 § 2 (part), 2000) Section 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on January 21, 2003 resolved to approve Tentative Tract Map 2002-0022 subject to the following: 1. Exhibit A: Tentative Tract Map 2002-0022 2. Exhibit B: Conditions of Approval Planning Commission Resolution 2003-0011 January 21, 2003 Page 3 of 11 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 Planning Commission Resolution 2003-0011 January 21, 2003 Page 4 of 11 Exhibit A: Tentative Condominium Tract Map (Tract 2493) TTM 2002-0017 N 4253'56" E 22.34' \`\is 1 J�ee9� "% P."), � SEE SHEET _ OF _ �a9psO,, 9 LEASE SITE SEE SHEET _ OF _ S S� \ G 23• COMMON PARCEL 1 S 51'22'12" 1 \ 20.35' R=1535.00' G L=45.62' \� LOT 39 L_ __ 9� j 0 100 200 UNIT PLAN UNITS 1, 2, 3, 4, 5 SCALE 1'=100' SHEET _ OF CONDOMINIUM PLAN PARCEL 1 TRACT 2493 Planning Commission Resolution 2003-0011 January 21, 2003 Page 5 of 11 Exhibit A: Tentative Condominium Tract Map (Tract 2493) TTM 2002-0017 UNIT5��, Q�y X Q� •y /� COMMONe/Q'�,� PARCEL 1 j UNIT 3 F \ UNIT 4 �,9 UNIT 2 ry� O /b \� UNIT 1 i F / \, n�� \ ` V // kK \�?• ` i` ,� g ACCESS AN� i PARKING i EASEMENT �\\ \ \� � •� � LOT 39// L S 51'22'12' E 20.35' w CONDOMINIUM PLAN 0 40 80 UNIT PLAN UNITS 1, 2, 3 & 4 PARCEL 1 SCALE 1•-40' SHEET — OF — TRACT 2493 Planning Commission Resolution 2003-0011 January 21, 2003 Page 6 of 11 Exhibit A: Tentative Condominium Tract Map (Tract 2493) TTM 2002-0017 LEASE SITE PARKING 5.14' 0 UNIT 5 l �9 0 40 80 UNIT PLAN UNITS 5 SCALE 1•-40' SHEET — OF _ s TE -5 F 0 4z Q h e'i h \� COMMON a X PARCEL 1 \ eve Q � /� UNIT Q \ �� N\ v UNIT 4 \\ ®�\ ss�o Q\. CONDOMINIUM PLAN PARCEL 1 TRACT 2493 Planning Commission Resolution 2003-0011 January 21, 2003 Page 7 of 11 Exhibit A: Tentative Condominium Tract Map (Tract 2493) TTM 2002-0017 140.30' 140.30 CROSS-SECTIONS 23.68' 23.68' 8.00 W: 65.60' B 35.02' 35.02' o� 0 0• o 69.60' C 35.77' 35.77' 0: c 0: o 0 0 0 tC 71.06' 0 20 40 SCALE 1"=20' LINE TABLE 29.58' 14.56' 14.56' 1.00 LS 1.00 29:58' K) 23.3.3' cj L1 L:4 L'4 0.42 l:4 L4 L1 L1 L1 UNIT 3 (T-3)UNIT 2 (T-2)' 2,390 SF 4 4 2,390 SF rn FF ELEVATION 7 n M FF ELEVATION ? rn N N 68.31' 68.31' rn C 68.31' A hi F1 68.31 ^ Y1 � N N ^ ^ UNIT 4 (T-4) Ln In UNIT 1 (T-1) 2,390 SF Pn 2,390 Sr L1 FF ELEVATION 7 FF ELEVATION = ? L1 L1 1�4 L•4 L4 14 L1 J J 29.58' 9,5 14.56' 14.56' 91:9 29:58' J J J 140.30 CROSS-SECTIONS 23.68' 23.68' 8.00 W: 65.60' B 35.02' 35.02' o� 0 0• o 69.60' C 35.77' 35.77' 0: c 0: o 0 0 0 tC 71.06' 0 20 40 SCALE 1"=20' LINE TABLE UNE LENGTH LINE LENGTH L1 1.00 LS 1.00 L2 2.00 LS 12.40 L3 1.74 L4 0.42 UNIT PLAN AIRSPACE UNITS I, 2, 3&4 SHEET _ OF CONDOMINIUM PLAN PARCEL 1 TRACT 2493 Planning Commission Resolution 2003-0011 January 21, 2003 Page 8 of 11 Exhibit A: Tentative Condominium Tract Map (Tract 02-0236) TTM 2002-0017 S 41'54'40' E 41.28' = � A j A A `A UNIT 3 \ UNIT 4 \ .9A \ N \\ UNIT 1 p\ 0 40 80 UNIT PLAN UNITS 1, 2, 3 & 4 SCALE 1'-40' SHEET — OF S,o UNIT 2 10.7' COMMON PARCEL 1 �\ y 1p4.52 1 \ PARCEL 2 AT 85-329 CONDOMINIUM PLAN PARCEL 1 PARCEL MAP AT 02-0236 AO ACCESS, PARKING, AND o� LANDSCAPE EASEMENT F © ACCESS EASEMENT t P DENOTES RESTRICTED \� PARKING LIMITED TO THE \ SOLE USE OF LOT 39. 4, �J $ 48'43'24' W g 24.61' S 41'54'40' E 41.28' = � A j A A `A UNIT 3 \ UNIT 4 \ .9A \ N \\ UNIT 1 p\ 0 40 80 UNIT PLAN UNITS 1, 2, 3 & 4 SCALE 1'-40' SHEET — OF S,o UNIT 2 10.7' COMMON PARCEL 1 �\ y 1p4.52 1 \ PARCEL 2 AT 85-329 CONDOMINIUM PLAN PARCEL 1 PARCEL MAP AT 02-0236 Planning Commission Resolution 2003-0011 January 21, 2003 Page 9 of 11 Exhibit A: Tentative Condominium Tract Map (Tract 02-0236) TTM 2002-0017 140 0' L 23.33' n� J 29.58' ' u) 14.56' 14.56' J J 29 58' :23.33' 1.00 L2 2.00 11 L6 L4 L3 L4 L4 L1 0.42 L8 12.40 UNIT 3 (T-3) UNIT 2 (T-2) 2,390 SF a c 2,390 SF ' c� FF ELEVATION 837.50' n FF ELEVATION 837.50' S 68.31' 68.31' ry 6 A 68.31 D �y A A 68.31 h A C D U m N : UNIT 4 (T-4) in i� n UNIT 1 (T-1) o N 2,351 SF 2,351 SF L1 FF ELEVATION = 837.50' FF ELEVATION 837.50' t L1 Lt SEE DETAIL 'A' ----- N � L4 SEE DETAIL 'B' co 95 28' J J 14.56' 14.56' J J 29.58' -- ----I AL1 DETAIL 'A' NO SCALE ------ 13.13' 13.13'---F,L4 I to J 23.33' J CROSS-SECTIONS G r 3.68' 23. O 65.60' 3 35.02' 35.02' 0 o� o 69.60' 140.30 13.13' DETAIL 'B' L4r------ ----------1 NO SCALE J I 23.33' UNE TABLE UNE LENGTH LINE LENGTH L1 1.00 L5 1.00 L2 2.00 11 L6 3.00 L3 1.74 L7 1.26 L4 0.42 L8 12.40 C 0 35.77' 35.77' 3.00' 0 o: 0 0 0 0 (6 O 66.08' D 35.77' 35.77• 0 0: 0 0 IU N. 16 0 20 40 UNIT PLAN AIRSPACE UNITS 1, 2, 3 & 4 SCALE 1'=20' SHEET — OF — 71.08' CONDOMINIUM PLAN PARCEL 1 PARCEL MAP AT 02-236 Planning Commission Resolution 2003-0011 January 21, 2003 Page 10 of 11 Exhibit A: Tentative Condominium Tract Map (Tract 02-0237) TTM 2002-0017 140.30' L� DETAIL 'A' 13,13' NO SCALE r �------___-- _J LJ I J 23.33' CROSS-SECTIONS 6OD 23.68' 23.68' Q0p o �: W M O 65.60' B 35.02' 35.02' 0 ro o: m 0 0• o co 69.60' 140.30 1313' DETAIL 'B' L4 n ----------------I NO SCALE J ro I I J � 23.33' LINE TABLE J 29.58' 23.33'L.4 _j : 14.56' 14.56' L1 29:58' :23.33' � L2 2.00 L6 L4 L3 L4 L4 1 00 L1 12.40 35.77' 35.77' S 0 o: S L1 N; C6 UNIT 3 (T-3) L 71.06' UNIT 2 (T-2) 2,390 SF a M "� 2,390 SF rn FF ELEVATION 835.90' FF ELEVATION = 835.90' O N N 68.31' : 68.31' iy C ^ 68.31 18 A 68.31' ^ C O N : N UNIT 4 (1-4) LO LO UNIT 1T-1 ( ) 2,351 SF 2,351 SF L1 FF ELEVATION = 835.90' FF ELEVATION = 835.90' Lt L1 J!J4 SEE DETAIL 'A' r----- 29.38' L4 J J 14.56' 14.56' J:J ia SEE DETAIL 'B' 29:58' ----- -i L1 DETAIL 'A' 13,13' NO SCALE r �------___-- _J LJ I J 23.33' CROSS-SECTIONS 6OD 23.68' 23.68' Q0p o �: W M O 65.60' B 35.02' 35.02' 0 ro o: m 0 0• o co 69.60' 140.30 1313' DETAIL 'B' L4 n ----------------I NO SCALE J ro I I J � 23.33' LINE TABLE LINE LENGTH LINE LENGTH L1 1.00 L5 1.00 L2 2.00 L6 3.00 L3 1.74 L71.26 L4 0.42 L8 12.40 C o 35.77' 35.77' 3.00 o; i0 0 o• o N; C 68.08' D 35.77' 35.77' S 0 o: S (6 N; C6 71.06' 0 20 40 UNIT PLAN AIRSPACE UNITS 1, 2, 3 & 4 SCALE 1"=20' SHEET __ OF CONDOMINIUM PLAN PARCEL 1 PARCEL MAP AT 02-0237 Planning Commission Resolution 2003-0011 January 21, 2003 Page 11 of 11 Exhibit A: Tentative Condominium Tract Map (Tract 02-0236) TTM 2002-0017 J` PACCESS ARKING AND LOT 40 ssys EASEMENT T61/ �� F BENEFIT IOYY40 �� 1 • �� P' QxQ,'h\� NIN i ,CJ k UNIT 3 ♦, r UNIT 4 UNIT 2 \\� UNIT 1 \ COMMON \ \ PARCEL 1 / \ / q ♦! ' q 0 4 9P 9J" \<Oi��S A ,•♦ q A� '►f'k� LOT 38 �J\ ♦ q� \ O � q ♦� B i R-1 .00' L-10.72 \ \ V 0 40 80 UNIT PLAN UNITS 1, 2, 3 & 4 SCALE 1'-40' SHEET — OF — CONDOMINIUM PLAN PARCEL 1 PARCEL MAP AT 02-0237 OA ACCESS EASEMENT O ACCESS, PARKING, AND _TE -3 LANDSCAPE EASEMENT TE -4 P• DENOTES RESTRICTED Sdo PARKING LIMITED TO THE SOLE Ob USE OF LOT 40. TEO DENOTES RESTRICTED 8.7* TRASH ENCLOSURE LIMITED TO THE SOLE USE OF LOT 40. UNIT 3 ♦, r UNIT 4 UNIT 2 \\� UNIT 1 \ COMMON \ \ PARCEL 1 / \ / q ♦! ' q 0 4 9P 9J" \<Oi��S A ,•♦ q A� '►f'k� LOT 38 �J\ ♦ q� \ O � q ♦� B i R-1 .00' L-10.72 \ \ V 0 40 80 UNIT PLAN UNITS 1, 2, 3 & 4 SCALE 1'-40' SHEET — OF — CONDOMINIUM PLAN PARCEL 1 PARCEL MAP AT 02-0237 Planning Commission Resolution 2003-0011 January 21, 2003 Page 12 of 11 EXHIBIT B: Conditions of Approval TTM 2002-0017 Conditions of Approval Timing Responsibility Mitigation Tentative Tract Map 2002-0017 /Monitoring Measure 3200 EI Camino Real PM: Parcel Map GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy F0: Final Occupancy FD: Fire Department PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Planning Services Conditions 1. The approval of this application shall become final, PM PS subject to the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Tract Map shall be valid for PM PS two years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have PM PS the authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Parcel Map. 4. The applicant shall record CC&R's for the subdivision FM PS subject to the review and approval of the City Engineer, City Attorney and Planning Department. The CC&R's shall identify the maintenance responsibilities of all private driveways, sewer facilities, drainage facilities, common parking areas, site lighting, landscape areas, fencing, and other common facilities. 5. The subdivider shall defend, indemnify, and hold Ongoing CA harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision 6. A tract map drawn in substantial conformance with the PM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. Planning Commission Resolution 2003-0011 January 21, 2003 Page 13 of 11 Conditions of Approval Timing Responsibility Mitigation Tentative Tract Map 2002-0017 /Monitoring Measure 3200 EI Camino Real PM: Parcel Map GPGrading Permit : PS: Planning Services BP: Building Permit TO: Temporary Occupancy BS: Building Services FD: Fire Department FO: Final Occupancy PI: Public Improvements PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company City Engineer Conditions: 7. Prior to final recordation, the Condominium Plans shall be submitted, reviewed and approved by the Department of Real-estate. 8. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 9. The final map shall be signed by the City Engineer prior to the map being placed on the agenda for City Council acceptance. 10. Prior to recording the final map, the applicant shall pay all outstanding plan check/inspection fees. 11. Prior to recording the map, the applicant shall complete all improvements required by these conditions of approval. 12. Prior to recording the final map, the applicant shall set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 13. Prior to recording the final map, the applicant shall submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. Planning Commission Resolution 2003-0011 January 21, 2003 Page 14 of 11 Conditions of Approval Timing Responsibility Mitigation Tentative Tract Map 2002-0017 /Monitoring Measure 3200 EI Camino Real PM: Parcel Map GPGrading Permit : PS: Planning Services BP: Building Permit TO: Temporary Occupancy BS: Building Services FD: Fire Department FO: Final Occupancy PI: Public Improvements PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company 14. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final/parcel map. If there are building or other restrictions related to the easements, they shall be noted on the final/parcel map. The applicant shall show all access restrictions on the final/parcel map. 15. Prior to recording the parcel map, the applicant shall have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. Building Official/Fire Marshal Conditions: 16. Provide each condominium unit with its own separately BP BS monitored fire detection device in a manner approved by the Fire Authority. 17. Provide building with a Knox Box for Fire Department BP BS access. Note on plan that location of the Knox Box is to be at discretion of the Fire Authority. Contact the Fire Authority for purchase forms. Provide permanent contact information for tenant, and provide an access key for Knox Box prior to calling for final inspection. [UFC] ITEM NUMBER: 2 DRAFT DATE: 1/21/03 CITY OFATASCADERO PLANNING COMMISSION MINUTES Regular Meeting January 7, 2003 — 7:00 P.M. CALL TO ORDER Chairman Bentz called the meeting to order at 7:00 p.m. and Commissioner Porter led the Pledge of Allegiance. ROLL CALL Present: Commissioners Eddings, Jones, Kelley, Porter and Chairman Bentz Absent: Vice Chairman Fonzi Staff: Community Development Director Warren Frace, City Engineer Steve Kahn, Associate Planner Glenn Rider, Planning Services Manager Steve McHarris, Assistant Planner Kelly Davis, City Attorney Roy Hanley and Recording Secretary Grace Pucci. PUBLIC COMMENT None CONSENT CALENDAR 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 MOTION: By Commissioner Kelley and seconded by Commissioner Jones to approve the Consent Calendar. AYES: Commissioner Kelley, Jones, Eddings, Porter and Chairman Bentz NOES: None ABSTAIN: None Motion passed 5:0 by a roll -call vote. PUBLIC HEARINGS 3. CUP 2002-0083: RESIDENTIAL HEIGHT EXCEPTION Applicant: Steve and Mikelee Pesenti, 9075 Mountain View Drive, Atascadero, CA 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 Conditional 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 Assistant Planner Kelly Davis provided the staff report and answered questions of the Commission. PUBLIC COMMENT Steve Pesenti, applicant, stated he had spoken with his neighbors and had heard no objection to the proposed height of his residence. Mr. Pesenti answered questions of the Commission. Chairman Bentz closed the Public Comment period. Commissioner Kelley indicated that he would be in favor of an additional condition to require an engineer certify the height of the house at completion of the framing stage. Commissioner Eddings stated that thought the design is pleasing, this lot does not have the type of site constraints that would make this type of use permit necessary, and he did not personally want to set a precedence of allowing taller houses on easy -build lots. Jack Hanauer, applicant's contractor, discussed the height of the house and topography of the site. Mr. Hanauer answered questions of the Commission. MOTION: By Commissioner Jones and seconded by Commissioner Porter to adopt Resolution No. PC 2003-0001 approving a Conditional Use Permit to grant a height exception for a single-family residence in the Residential Single Family zoning district located at 9075 Mountain View Drive with the additional condition that at the discretion of the Building Department an engineer can certify the height of the building. AYES: Commissioners Jones, Porter, Kelley and Chairman Bentz NOES: Commissioner Eddings ABSTAIN: None Motion passed 4:1 by a roll -call vote. 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 Assistant Planner Kelly Davis provided the staff report and answered questions of the Commission. PUBLIC COMMENT Tom Cadwell, 7129 San Gregorio Road, applicant, gave a brief history of the property, described the site and its suitability for a Bed and Breakfast. Mr. Cadwell stated he had spoken with his neighbors and felt he had taken measures to mitigate their concerns. He asked the Commission to reexamine Condition of Approval No. 5 and change the width of the lane from 20 feet to 18 feet. Judy Wright, 7115 San Gregorio Road, stated that she lives adjacent to the property and is opposed to this project. Her concerns include issues of privacy, cooking by guests, increase in traffic on the driveway and safety of the road. Joanne Main, 8940 San Gabriel Road, felt this was a good proposal and would have a positive effect on tourism and the local economy. Joe Elkins, 370 Wilhoit, Templeton, applicant's architect, discussed the driveway and requested a change in the condition requiring it be widened to 20 feet. He also felt that striping the driveway was not consistent with the aesthetics of the area. Art Appleby, 7125 San Gregorio Road, shares the driveway with the applicant and felt it was very dangerous. He felt the character of the neighborhood would change with this business and urged the Commission to deny the application. Mary Maloney, realtor representing the property, explained the contract she had with the Cadwells and stated her support for the Bed and Breakfast. Robin Phemister, 7109 San Gregorio Road, read from a petition signed by neighbors surrounding the proposed project urging the Commission to oppose the Conditional Use Permit. (Exhibit A) Elena Martino Wishman, 7005 San Gregorio Road, stated that her backyard abuts the back of the Cadwell's property and expressed concern with increased traffic, strangers in the neighborhood and trash problems. She is opposed to the project. Russ Wright, 7115 San Gregorio Road, was troubled by the application for the Bed and Breakfast as well as the CUP process. He expressed concerns regarding parking, lights from guest's cars and driveway safety. Mr. Wright submitted pictures to illustrate his concerns as well as a list of recommended conditions (Exhibit B), and asked the Commission to deny the application. Chairmen Bentz closed the Public Comment period. Commissioner Eddings stated that he does not support the application for the following reasons: 1) this is not a public area and therefore an inappropriate location for a Bed and Breakfast, and 2) he is unable to make Findings No. 3, 4 or 5. Commissioner Jones felt that this use was not appropriate for the neighborhood and its rural atmosphere. He was concerned with the number of guests, the accompanying noise and its impact on the neighbors. Commissioner Kelley indicated that it was important to protect the neighborhood especially given the overwhelming negative comments of the neighbors. He expressed concern with the loft and the safety of the driveway. Commissioner Porter agreed with the opinions expressed by the other Commissioners. He supports tourism, but felt this was not the appropriate location for a Bed and Breakfast, especially because of the impact to the neighborhood. MOTION: By Commissioner Eddings and seconded by Commissioner Jones to deny the application because Findings No. 3 and 4 cannot be met. AYES: Commissioners Eddings, Jones, Porter, Kelley and Chairman Bentz NOES: None ABSTAIN: None Motion passed 5:0 by a roll -call vote. 5. ZCH 2002-0037: CODE TEXT AMENDMENT OF PLANNED DEVELOPMENT #11 3F MEADOWS FIRE PROTECTION STANDARDS WASTLEROCK DEVELOPMENT) Applicant: Castlerock Development, a CH Corporation, 202 H3 Tank Farm Road, San Luis Obispo, CA 93401 Project Title: Zone Change 2002-0037: Code Text Amendment of Planned Development #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 Commissioner Kelley announced that he would step down from consideration of Items No. 5 and 6. Community Development Director Warren Frace provided the staff report and answered questions of the Commission. PUBLIC COMMENT Don Ritter, 8895 Pino Solo, representing the applicant, expressed appreciation for staff's efforts and stated their support for the text amendment. Geraldine Brasier, asked for clarification on who would be paying for the water tank. Commissioner Jones explained that the water tank would be paid for by the Atascadero Mutual Water Company from fees assessed on new development. Harvey Marshall, 100820 San Marcos Road, asked about the location of the water tank. Commissioner Jones stated that the water tank would be located on a lot designed specifically for it and would not be visible from any part of the City or Highway 41. Chairman Bentz closed the Public Comment period. MOTION: By Commissioner Jones and seconded by Commissioner Eddings to adopt Resolution PC 2003-0009 recommending the City Council approve Zone Change 2002-0037 as a Code Text Amendment to Planned Development No. 11. AYES: Commissioners Jones, Eddings, Porter and Chairman Bentz NOES: None ABSTAIN: None Motion passed 4:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 6. 3-F MEADOWS / PLANNED DEVELOPMENT ll 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 (317 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 Community Development Director Warren Frace provided the staff report and with City Attorney Roy Hanley answered questions of the Commission. PUBLIC COMMENT Dean Coker, Senor Planner for Castlerock Development, gave the Commission a brief background on Castlerock Development and made a formal presentation on the project. It is his position that the project is done and has been for quite a while, and that it is the plan that evolved from the EIR and Appendix B. Mr. Coker spoke about staff turnover within the Planning Department and felt Castlerock had a reasonable right to expect that work done by prior staff members was done well and could be relied upon. Mr. Coker answered questions of the Commission. Dennis Law, applicant's attorney, gave a history of the project, what has taken place to date and the legal significance of it. He spoke of the difference between discretionary and ministerial decisions, stating that lot line adjustments were ministerial decisions and therefore not subject to CEQA review. Mr. Law stated the Planning Staff is requesting the Commission to go back and re -compare the Master Development Plan before the Commission to the EIR, in essence asking for another environmental review, which he feels is not appropriate. He asked the Commission to provide the Community Development Director with a recommendation to approve the current proposed Master Development Plan. Mr. Law answered questions of the Commission. Dean Coker added to Mr. Law's comments by advising the Commission that the plan that existed in the files at the time in 2000 is the plan that they have submitted in substantial compliance, but they did agree to change two cul-de-sacs into driveways on the recommendation of the City. Paul Riekart, engineer with EDA, stated he had been with the project for the duration. He spoke about the 2000 approval of the lot line adjustment and today's document. Mr. Riekart indicated that the Master Plan of Development as presented today is substantially the same as it was when submitted for review by staff and Planning Commission during the process to reinstate the lot line adjustment in December 2000 with the exception of minor additions, deletions and modifications requested by current city staff. David Foot, member of the Firma landscape architectural firm that was the author of the EIR prepared in 1995, spoke about working with Steve DeCamp and Gary Kaiser, city staff at the time. He had strongly recommended that the EIR go beyond what many EIR's do in developing the mitigation measures to include what finally became Appendix B. What this did was take the applicant's proposed 40 scale plans and annotate them to reflect the text and table mitigations that were contained in the EIR as a graphic tool to communicate what was the nature of the things they recommended be changed to mitigate impacts. That analysis was not a detailed engineering level analysis, but simply intended to do things like recommend walls to eliminate sliver fills, and was not a detailed redesign. Mr. Foot would not expect the project to be a replica of Appendix B and in his view the approved project is the original project with mitigations and Appendix B was a guidebook to get them there. Joan O'Keefe, 9985 Old Morro Road East, made several comments about the project: 1) while the applicant feels the Master Plan is consistent with the EIR, Director Frace is saying that he cannot make that determination because there isn't any real information there and though he has asked for that information it is not forthcoming, 2) she disagrees with the applicant's comments that what they are doing tonight is similar to what was done in 2000 because in 2000 it was just a technical procedural action and ministerial, however, as a courtesy the Planning Department wanted to make it public so that new neighbors would know what was going on, 3) She questioned why Castlerock would not make the information needed available to staff, 4) requested clarification from the City Attorney on the issue of whether the project was "dead" at any time, and 5) she questioned if when they took action in 2000 this a new project. Mrs. O'Keefe urged the Commission and Castlerock Development to follow the staff recommendation. Ellen Beraud, 9608 Laurel Road, stated that areas of importance for her were: 1) whether this was a new project, 2) concern with the age of the EIR as many new issues have come up since it was done, 3) standards of development are old and she is not convinced they address newer issues such as public access, wildlife corridors, trails, etc. She feels the project needs more work. Chairman Bentz brought the meeting back to the Commission but did not close the Public Comment period as he expected further questions for staff and the public. Commissioner Jones felt that the Commission had adopted the EIR and CEQA rules allow the applicant to move forward to do what he needs to do without having continual review. However, he understands that staff wants instructions from the Commission that the Master Plan of Development is something that comports with the EIR. City Attorney Roy Hanley explained that the project that went before the Commission in 2000 was not the Master Plan of Development. In 1995 there was a project approved that included various incremental steps, and the applicant at that time came back in because they had let one aspect of the project, the boundary map, lapse. Therefore the Boundary Map only went back before the Commission in 2000 for a recommendation, not the Master Plan of Development. A set of plans that could become the Master Plan of Development was submitted for review by staff, but staff never approved them. Mr. Hanley stated that the record would show that the Planning Commission did not make an environmental determination on the 40 Scales, but rather the Commission just reviewed, and was only told about the boundary map. Chairman Bentz inquired if there was a reason why a Master Plan of Development had never been approved. Mr. Hanley responded that there is not a Master Plan of Development, which the Community Development Director can sign that is in compliance with the mitigation measures contained in the EIR. Dean Coker felt it was not entirely correct to say that the Master Plan of Development they submitted in November was not reviewed as part of the 2000 review. 14 pages of additional changes were made to the Master Plan of Development and many of those changes involved building movements and other changes. Paul Reikart made the point that there was a significant amount of review with Planning staff prior to 2000, and there were 13 sheets of the plan set that were added in direct response to Planning staffs review of the development plan at that time. Dennis Law added that he had a letter dated November 8, 2000 from planning consultants to Assistant City Planner Jamie Heltsley, exclusively discussing lot configurations for lots that exceeded 30% in slope and whether or not the then draft Master Development Plan was in conformance with the criteria for building envelopes, leach field areas and driveways for lots. Therefore, based on the discussions in December 2000 regarding these issues, which are part of the project under CEQA, the Commission found that the project was in substantial conformance with the prior EIR. Chairman Bentz asked if the Commission could see the letter from Assistant Planner Heltsley. The Commission reviewed the letter. Chairman Bentz closed the Public Comment period. Chairman Bentz read a portion of the letter to Assistant Planner Heltsley into the record: "On this basis the engineers for the project have been working on revisions to the 14 specific lots and questions to address the slope, leach field, habitat easements and other development restriction issues as a means to demonstrate the building sites and septic areas to be employed on each of these unique parcels. This work would generally have been left for building permit stages as was originally conceived, but to aid you in understanding the final configuration of the parcels we are enclosing site-specific details for each of these lots. These materials should be considered a part of the Master Plan Development as referenced earlier." Director Frace explained that this letter was correspondence between then Assistant Planner Heltsley and the applicant when Paul Saldana was director of the department. It is true that this happened during the period of time when the lot line adjustment was being reviewed in 2000 and they did make changes to the Master Plan. It is not staffs position that they haven't worked on it and they haven't made progress in terms of addressing some of the EIR issues, it just never was completed. Mr. Hanley stated that the applicant presented a Master Plan of Development that was not approved by staff, and was therefore not part of the environmental determinations made in the year 2000. Chairman Bentz recessed the hearing at 9:45 p.m. Chairman Bentz called the meeting back to order at 9:50 p.m. Chairman Bentz reopened the Public Comment period. Chairman Bentz asked Mr. Coker why the applicant has not given the City the information Mr. Frace has requested. Dean Coker stated they are not holding back any material; it has all been done and exists in the plans and was all prepared for and worked on in conjunction with Steve DeCamp, Gary Kaiser and Paul Saldana. Chairman Bentz closed the Public Comment period. Commissioner Jones stated that he understands both sides of the issue, however, the project has been around for a long time, been reviewed and it is time to move the project forward. MOTION: By Commissioner Jones and seconded by Commissioner Porter that the Planning Commission move that the resolution recommending the Master Plan of Development for PD -11, the 3-F Meadows project, is consistent with the project EIR and mitigation monitoring program and resolving that the Planning Commission using the whereases applied here, the Master Plan of Development as shown in Exhibit A and dated 11/14/02 is consistent with PD -11 and the project EIR. AYES: Commissioners Jones, Porter, Eddings and Chairman Bentz NOES: None ABSTAIN: None Motion passed 4:0 by a roll -call vote. COMMISSIONER COMMENTS & REPORTS None ADJOURNMENT Chairman Bentz adjourned the meeting at 9:55 p.m. to the next regularly scheduled meeting of the Planning Commission on January 21, 2003. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary The following exhibits are available for review in the Community Development Department. Exhibit A — Robin Phemister, neighborhood petition Exhibit B — Russ Wright, photographs and additional conditions Exhibit C — PPT Presentation by Dean Coker, Castlerock Development \\Cityhall\CDvlpmnt\— PC Minutes\PC Minutes 03\PC Minutes 01.07.03.gp.doc