HomeMy WebLinkAboutPC_2003-02-04_AgendaPacketCITY OFATASCADERO
PLANNING COMMISSION AGENDA
Regular Meeting
February 4, 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
PLANNING COMMISSION BUSINESS
1. ELECTION OF NEW CHAIR AND VICE -CHAIR
PUBLIC COMMENT
(This portion of the meeting is reserved for persons wishing to address the Commission on any matter not
on this agenda and over which the Commission has jurisdiction. Speakers are limited to five minutes.
Please state your name and address for the record before making your presentation. The Commission may
take action to direct the staff to place a matter of business on a future agenda)
CONSENT CALENDAR
(All items on the consent calendar are considered to be routine and non -controversial by City Staff and will
be approved by one motion if no member of the Commission or public wishes to comment or ask questions)
2. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON JANUARY 17, 2003.
PUBLIC HEARINGS
(For each of the following items, the public will be given an opportunity to speak. After a staff report, the
Chair will open the public hearing and invite the applicant or applicant's representative to make any
comments. Members of the public will be invited to provide testimony to the Commission following the
applicant. Speakers should state their name and address for the record and can address the Commission for
five minutes. After all public comments have been received, the public hearing will be closed, and the
Commission will discuss the item and take appropriate action(s).)
3. ZONE CHANGE 2003-0039: SECOND UNIT CODE TEXT AMENDMENT
CONDITIONAL USE PERMIT 2002-0081: SECOND UNIT AT 9115 SAN
GABRIEL ROAD:
Applicant:
Jerry McDaniel, 9115 San Gabriel Road, Atascadero, CA 93422
Project Title:
Zone Change 2003-0039: Zoning Code Text Amendment to allow second dwelling units in
the RSF-Y (Residential Single Family 1 -acre minimum) zoning district subject to
Project Location:
performance standards.
Conditional Use Permit 2002-0081; Application for a second unit at 9115 San Gabriel Road.
Project
Zone Change: Citywide: RSF-Y (Residential Single Family 1 -acre minimum) zoning
Location:
district.
Conditional Use Permit: 9115 San Gabriel Road.
Project
A proposed text amendment to the City Zoning Ordinance to allow second units in the
Description:
RSF-Y (residential single family 1 -acre minimum) zoning district subject to performance
standards and consistent with General Plan HOS Program 3.1.2. The project also includes
an application for one second unit of 800 square feet located at 9115 San Gabriel Road.
Proposed
The site area is 1 acre and is served by sewer with minimal slope.
Environmental
General Plan Designation: SFR -Y (Single Family Residential 1 -acre minimum)
Determination
Zoning District: RSF-Y (Residential Single Family 1 -acre minimum)
Proposed
The proposed project has been analyzed adequately in the 2002 General Plan EIR pursuant to
Environmental
applicable standards and impacts have been avoided or mitigated pursuant to that EIR.
Determination:
Adoption of Planning Commission Resolution 2003-0015, recommending that the City
Staff
Council of the City of Atascadero adopt the proposed amendments to the Zoning Ordinance.
Recommendation:
Adoption of Planning Commission Resolution 2003-0016, to approving Conditional Use
Permit 2002-0081 to establish a residential second unit at 9115 San Gabriel Road in the RSF-
Y zone, based on findings, and subject to conditions or approval and exhibits.
4. CONDITIONAL USE PERMIT 2002-0075:
Applicant:
Stan Sherwin, 5265 El Camino Real, Atascadero, CA 93422
Project Title:
K -Jon's Mixed Use
Conditional Use Permit 2002-0075
Project Location:
5245, 5265 El Camino Real, Atascadero, CA 93422
(San Luis Obispo County); APN 029-302-047, 029-312-036
Project
An application for a Conditional Use Permit (CUP 2002-0075) to construct a mixed-use project
Description:
consisting of a 2,592 square foot commercial building, 1,872 future commercial expansion,
1,600 square foot residential duplex building, parking lot and landscaping on two adjacent
parcels totaling 0.65 -acres. The project includes demolition of the existing K -Jon's commercial
building, detached garage/apartment, and adjacent residential building.
General Plan Designation: General Commercial
Zoning District: Commercial Retail
Proposed
PROPOSED MITIGATED NEGATIVE DECLARATION 2002-0044:
Environmental
Based on the findings of the initial study, the Community Development Department recommends
Determination
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
5. TO BE CONTINUED TO A DATE UNCERTAIN: CONDITIONAL USE PERMIT
2000-0019:
Applicant:
review at 6500 Palma Avenue, Community Development Department, Room 104, from 8:00
Project Title:
a.m. to 5:00 p.m., Monday through Friday
Staff
Adoption of Planning Commission Resolution No. PC 2003-0013 certifying proposed mitigated
Project
negative declaration 2002-0044 and approving Conditional Use Permit 2002-0075 based on
Recommendation
findings and subject to conditions of approval and mitigation monitoring.
5. TO BE CONTINUED TO A DATE UNCERTAIN: CONDITIONAL USE PERMIT
2000-0019:
Applicant:
Sprint PCS
Project Title:
Conditional Use Permit 2000-0019
Project Location:
9230 Vista Bonita, Atascadero, CA, APN 030-441-014
Project
The proposed project is a reconsideration of a request to establish a wireless communication
Description:
facility consisting of a 10 -foot by 20 -foot above ground equipment area, one 17 -foot tall
monopole, one 11 -foot tall monopole, both equipped with three PCS antennas, and a 15 -foot
tall steel pole equipped with a 2 -foot microwave dish. The site has been previously approved as
a co -location site for cellular facilities.
General Plan Designation: Single Family Residential
Zoning District: Residential Single Family - Y
Proposed
A Mitigated Negative Declaration was previously certified as part of the original approval on
Environmental
August 7, 2001. The Mitigated Negative Declaration is available for public review at 6500
Determination
Palma Avenue, Community Development Department, Room 104, from 8:00 a.m. to 5:00
p.m., Monday through Friday
COMMUNITY DEVELOPMENT STAFF REPORTS
6. TREE REMOVAL PERMIT (TRP) #2003-0026: 8700 SIERRA VISTA RD.
Request to remove one (1) native oak tree over 24 -inches dbh located in conjunction with
the development of an 880 square foot new single-family home located at 8700 Sierra
Vista Rd. (APN 055-092-001).
Staff Recommends:
The Planning Commission adopt Resolution PC 2003-0012 to approve the request to
remove one native oak tree subject to the guidelines and mitigation required by the
Atascadero Native Tree Ordinance.
COMMISSIONER COMMENTS & REPORTS
ADJOURNMENT
The next regular meeting of the Planning Commission will be February 18, 2003 at City Hall in
the 4'h 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 at/or prior to this public hearing.
\\CityhaIIkCDvlpmnt\— PC Agendas\PC 2003\PC Agenda. 02-04-03.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
DATE: 02/04/03
Planning Commission Staff Report
Public Hearing Item
Residential Second Unit Code Text Amendment
Zone Change 2003-0039
Conditional Use Permit 2002-0081
9115 San Gabriel Rd. Second Unit,
(McDaniel / City of Atascadero)
SUBJECT:
The proposed project consists of an application for a Zone Change and Conditional Use Permit.
The proposed zone change (ZCH 2003-0039) would amend the existing ordinance to allow
second residential dwelling units in the RSF-Y (residential single family 1 -acre minimum)
zoning district subject to performance standards and consistent with General Plan Program HOS
3.1.2. The proposed Conditional Use Permit (CUP 2002-0081) is a request to establish a
residential second unit consistent with the performance standards set forth in the General Plan
and proposed zone text amendment at 9115 San Gabriel Road.
RECOMMENDATION:
Staff recommends:
1. The Planning Commission adopt Resolution 2003-0015, recommending that the City
Council of the City of Atascadero adopt the proposed amendments to the Zoning
Ordinance.
2. The Planning Commission adopt Resolution 2003-0016, to approving Conditional Use
Permit 2002-0081 to establish a residential second unit at 9115 San Gabriel Road in the
RSF-Y zone, subject to the findings, conditions, and exhibits as attached.
SITUATION AND FACTS:
Zone Change 2003-0039
1. Applicant:
2. Project Address:
3. General Plan Designation:
4. Zoning District:
5. Environmental Status
Conditional Use Permit 2002-0081
1. Applicant:
2. Project Address:
3. General Plan Designation
4. Zoning District:
5. Existing Use:
6. Environmental Status:
ITEM NUMBER: 3
DATE: 02/04/03
City of Atascadero
City wide in the RSF-Y zoning district
Single Family Residential (SFR -Y - 1 acre
minimum)
Residential Single Family (RSF-Y — 1 acre
minimum), Limited Single Family (LSF -Y 1 -acre
minimum)
The proposed project has been analyzed adequately
in the 2002 General Plan EIR pursuant to applicable
standards and impacts have been avoided or
mitigated pursuant to the that EIR.
Jerry McDaniel
9115 San Gabriel Rd.
Single Family Residential (SFR)
Residential Single Family (RSF-Y)
Single family residence
Categorical Exemption CEQA section 15303
Class 3(a).
ITEM NUMBER
DATE: 02/04/03
A. Zone Text Amendment
Background:
The State of California has identified secondary residential dwelling units as an important means
of providing affordable housing. During the City's General Plan Update process the issue of
secondary units was debated numerous times as part of the City's affordable housing strategy
and Housing Element. The final General Plan included Housing Element Program 3.1.2. which
calls for the adoption of an ordinance to conditionally allow second units in the SFR -Y land use
designation subject to performance standards. The purpose of the performance standards is to
limit the second units to lots of 1 -acre or larger and ensure neighborhood compatibility.
Goal HOS 3: Ensure that an adequate amount of rental housing
exists.
Policy 3.1: Ensure that the supply of low and moderate rental housing is not significantly
reduced.
Programs:
2. Adopt an ordinance that would conditionally allow second units in the SFR -Y land
use designation subject to performance standards including:
a. Lots shall be a minimum of 1 -acre net.
b. Units to be subject to a maximum square footage of 800 square feet.
C. One covered parking space shall be provided.
d. The unit shall maintain the same setback requirements as the primary
residence.
e. The unit shall be architectural compatible with the primary residence.
f. Grading and native tree impacts shall be minimal.
g. The unit shall be compatible with the surrounding neighborhood
h. A conditional use permit approval shall be required
i. Guesthouses shall be prohibited in the SFR -Y land use.
Responsible Agency: CDD, Planning Commission, City Council
Timeframe: 2003-2004
Quantified Objective: 3 very low income units per year
Analysis:
Two sections of the zoning ordinance need to be amended to allow second units. Section 9-
3.153 establishes conditional uses in the RSF zoning district. Residential second units will be
ITEM NUMBER
DATE: 02/04/03
added as conditionally allowed use. The second unit performance standards are added under
Residential Accessory Uses section 9-6.106. The code section allowing guesthouses would be
deleted from section 9-6.106 consistent with General Plan Program LOC 2.1.7. The proposed
amendments are shown in strikethrough and underline format as follows.
9-3.153 Conditional uses (Residential Single Family).
The following uses may be allowed in the Residential Single Family Zone. The establishment of
conditional uses shall be as provided by Section 9-2.109:
(a) Churches and related activities (see Section 9-6.121);
(b) Schools (see Section 9-6.125);
(c) Mobilehome developments (see Section 9-6.143);
(d) Skilled nursing facility, where the number of residents under care is greater than six (see
Section 9-6.134);
(e) Residential care, where the number of residents under care is greater than six (see Section 9-
6.135);
(f) Organizational houses;
(g) Pipeline;
(h) Bed and breakfast;
(i) Caretaker residence (see Section 9-6.104);
Q) The following uses where established in a residential structure of historical importance are
satisfied:
(1) Broadcasting studios,
(2) Business support services,
(3) Libraries and museums,
(4) Offices,
(5) Personal services,
(6) School -business and vocational;
(k) Kennels (see Section 9-6.111). (Ord. 68 § 9-3.153, 1983)
(1) Residential Second Units (RSF-Y only) (see Section 9.61061
9-6.106 Residential accessory uses.
b) Residential Second Units. A residential second unit may be established as an accessor
use to a residence in the RSF-Y or LSF -Y zoning district as follows:
(1) Lot Size: The net lot area shall be 1 -acre minimum.
(2) Sewer: The second unit shall be connected to City sewer.
(3) Water: The second unit shall be served by a public water supply.
(4) Meters: Separate utilities meters may be installed for second units.
(5) Floor area: The maximum residential floor area shall be 800 square feet.
(6) Parking: One covered parking space shall be provided.
(7) Setbacks: The same setback requirements of a primary residential dwelling shall
apply to secondary units.
(8) Appearance: The secondary unit shall be architecturally compatible with the
primary residential dwelling.
(9) Grading: Site grading and native tree removals shall be minimized to the greatest
extent possible.
(10) The unit shall be compatible with the surrounding neighborhood.
ITEM NUMBER
DATE: 02/04/03
Conditional Uses:
The State of California has recently passed legislation that would prevent cities from requiring
Conditional Use Permits for second units beginning in July 2003. However, the proposed
ordinance requires a Conditional Use Permit process to be consistent with the language of the
General Plan. Conditional Use Permits will thus be required on second units until the State
preemption takes effect. After the preemption, second units will still be subject to all of the
performance standards but will not require a public hearing.
Performance Standards
During the General Plan hearings regarding second units, one of the primary concerns that was
raised was the number and distribution of second units. To address this issue a series of
performance standards were incorporated into the General Plan to limit the number of second
units. The primary limitation is the 1 -acre minimum lot area. Although the minimum lot area of
the RSY-F District is 1 -acre the majority of the lots are smaller than 1 -acre. Staff estimates that
approximately 200 lots exist in the RSF-Y District that are 1 -acre and larger. (Refer to
Attachment 1).
Sewer and Utilities
The proposed standards require all second units to be connected to City sewer and public water
provided by AMWC. The issue of sewer service was discussed during the General Plan process
but never resolved. Staff is concerned that creating secondary septic systems on lots with
existing septic systems is problematic. The RWQCB typically requires a minimum 1 -acre site
for houses with septic systems in addition to provisions for a 100% leach field expansion area.
Given the poor percolation rates throughout Atascadero that require larger leach feilds, adding an
additional dwelling with a second leach system and second 100% expansion area to
appropriately zoned 1 -acre lots appears to be infeasible. The risk is that overconcentrated septic
systems could adversely affect water quality, lead to more system failures, and impact native
trees. For these reasons, staff is recommending that second units be required to connect to City
sewer.
Secondary gas and electric meters would be permitted but not required for secondary units.
Size and Design
The maximum living area for a second unit would be 800 square feet. A minimum of one
covered parking space, likely in the form of a garage, would be required. The second unit will be
required to be architecturally compatible with the primary unit. While this does not require the
exact same design of both units it does require the units to be of comparable design quality and
materials. Setbacks for secondary units would be the same as primary units since the use is of an
equal intensity.
ITEM NUMBER
DATE: 02/04/03
B. Conditional Use Permit
Protect Description:
The proposed Conditional Use Permit consists of a proposal to establish a residential second unit
on an existing residential lot subject to the performance standards of the proposed zone change.
The site, located at 9115 San Gabriel Road., is a 1 -acre parcel and is surrounded on each side by
single-family residential lots of the RSF-Y zoning designation, ranging in size from
approximately 1.25 -acres to .5 -acres. The single-family residence currently exists on the site.
General Plan and Zoning:
The General Plan designation for the subject parcel is Single Family Residential, with a
corresponding Zoning District of Residential Single Family (RSF-Y). The zoning ordinance
update and the General Plan policy, conditionally allow second units within this zone, subject to
the following performance standards:
Performance Standards:
1. Lot size: the net lot size shall be 1 -acre minimum
The subject parcel is 1.1 -acre net
2. Sewer: the second unit shall be connected to City sewer
The residential second unit, as proposed will be connected to City sewer
3. Water: the second unit shall be served by a public water supply
The project proposal includes a connection to public water as served by the Atascadero
Mutual Water Company and will be required to obtain a will serve letter prior to permit
issuance.
4. Floor Area: the maximum floor area shall be 800 square feet
The proposed second unit measures 800 square feet of living area in addition to a garage
and front and rear porches. The proposed rear porch is designed with a full foundation
and pad in addition to being fully covered by the roof overhang. In order to remain
consistent with the size limitations set forth in the performance standards, planning staff
is recommending that the covered porches and patios be limited to 400 square feet (1/2 of
the dwelling size) so as not to encourage the expansion of habitable space beyond what is
permitted.
5. Parking: one covered parking space shall be provided
The second unit is designed with an attached two -car garage.
ITEM NUMBER: 3
DATE: 02/04/03
6. Setbacks: the same setback requirements of a primary residential dwelling shall apply to
secondary units
The second unit has been designed to be within the established setbacks for the RSF-Y
zone. As proposed, the second unit will be located to the rear of the existing residence
and is located 20 feet from the side property line and 30 feet from the rear property line.
7. Appearance: the secondary unit shall be architecturally compatible with the primary
residential dwelling
Through the building permit review process, staff will ensure that the second unit is
compatible with the primary residence in terms of materials and architectural features.
8. Grading: site grading and native tree removals shall be minimized to the greatest extent
possible
No grading or tree removals are anticipated for this project. The driveway serving the
second unit is an existing dirt drive and will be paved as part of the proposal. Two native
trees have been identified on-site and protection of the trees will be required to be
consistent with the standards and guidelines set forth in the Atascadero Native Tree
Ordinance.
9. Neighborhood Character: the unit shall be compatible with the surrounding neighborhood
In order to preserve the single-family nature of the neighborhood, staff is recommending
landscaping along the rear and side property line as a condition of approval. Because the
site is at least 1 -acre, ample area exists for the addition of the second unit and no
additional visual impacts are anticipated.
ALTERNATIVES:
1. The Planning Commission may add to or modify project conditions for the proposed project.
2. The Planning Commission may recommend denial of the proposed Zoning Code
amendments and/or Conditional Use Permit.
3. The Planning Commission may continue the hearing and refer the project back to staff for
further analysis. Direction should be given to staff and the applicant on required additional
information.
PREPARED BY:
ATTACHMENTS:
Attachment 1:
Attachment 2:
Attachment 3:
ITEM NUMBER
DATE
Warren Frace, Community Development Director
02/04/03
RSF-Y Land Use Areas Greater than 1 acre
Draft Planning Commission Resolution 2003-0015
Draft Planning Commission Resolution 2003-0016
ITEM NUMBER
DATE: 02/04/03
Attachment 2: Draft Planning Commission Resolution 2003-0015
DRAFT
RESOLUTION NO. PC 2003-0015
A RESOLUTION OF THE ATASCADERO PLANNING COMMISSION
RECOMMENDING THE CITY COUNICL APPROVE ZONE CHANGE 2003-0039
TO AMEND THE ZONING ORDINANCE TO ALLOW RESIDENTIAL SECOND
UNITS IN THE RSF-Y ZONING DISTRICT
(ZCH 2003-0039: Second Units)
WHEREAS, the City of Atascadero's 2025 General Plan has prioritized the
provision of affordable housing; and,
WHEREAS, the State of California has identified residential second units as an
important means to providing affordable housing in single-family neighborhoods; and,
WHEREAS, the General Plan contains Program HOS 3.1.2. that calls for the
adoption of an ordinance allowing second units in the RSF-Y zoning district subject to
performance standards; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on February 4, 2003 considered a recommendation to the City Council,
and,
WHEREAS, the Planning Commission has determined that it is in the best interest of
the City to update the Zoning Ordinance to allow residential second unit to ensure the orderly
provision of affordable housing throughout the community; 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,
NOW, THEREFORE, the Planning Commission takes the following actions:
SECTION 1. FINDINGS OF CONSISTENCY WITH 2002 GENERAL PLAN EIR
The proposed project has been analyzed adequately in the 2002 General Plan EIR
pursuant to applicable standards and impacts have been avoided or mitigated
pursuant to the that EIR.
Planning Commission Resolution 2003-0015
February 4, 2003
Page 2 of 7
SECTION 2. FINDINGS FOR APPROVAL OF ZONE TEXT CHANGE.
1. The zone change is consistent with General Plan policies and all other applicable
ordinances and policies of the City.
2. Amendment of the zoning ordinance will provide for the orderly development of
affordable housing throughout the community.
3. The zone change will not, in itself, result in significant environmental impacts.
SECTION 3. ZONE TEXT CHANGE.
The City Zoning Ordinance Title 9 is hereby amended as follows:
9-3.153 Conditional uses.
The following uses may be allowed in the Residential Single Family Zone. The
establishment of conditional uses shall be as provided by Section 9-2.109:
(a) Churches and related activities (see Section 9-6.121);
(b) Schools (see Section 9-6.125);
(c) Mobilehome developments (see Section 9-6.143);
(d) Skilled nursing facility, where the number of residents under care is greater than
six (see Section 9-6.134);
(e) Residential care, where the number of residents under care is greater than six
(see Section 9-6.135);
(f) Organizational houses;
(g) Pipeline;
(h) Bed and breakfast;
(i) Caretaker residence (see Section 9-6.104);
0) The following uses where established in a residential structure of historical
importance are satisfied:
(1) Broadcasting studios,
(2) Business support services,
(3) Libraries and museums,
(4) Offices,
(5) Personal services,
(6) School -business and vocational;
(k) Kennels (see Section 9-6.111). (Ord. 68 § 9-3.153, 1983)
(I) Residential Second Units (RSF-Y onlv) (see Section 9.6106)
Planning Commission Resolution 2003-0015
February 4, 2003
Page 3 of 7
9-3.154 Minimum lot size.
The minimum lot size in the Residential Single Family Zone shall be twent�F
theusand (20 ,000) square foo+ with sewer, one-half (1/2) acre wvhersewv sewer s ne
avaalabfe and may range up to two and one-half (2'/2) acres. The size of a lot shall be
consistent with the land use designation set forth in the General Plan and shall be
indicated by the symbols set forth in the following chart, which shall be shown on the
official zoning maps as provided by Section 9-3.104(d).
Symbol Minimum Lot Size
X One-half (1/2) acre net area (excluding
land needed for street rights-of-way
whether publicly or privately owned).
Y One (1) acre net area (excluding land
needed for street rights-of-way whether
publicly or privately owned)., When
sewers a available.
One -Anrl r,no_half (11 ) aGFeC when
n.,+ �il�hle
Z One and one-half (11/2) to two and one-
half (21/2) acres based on performance
standards set forth in this section.
(a) Performance Standards. The following performance standards shall be evaluated
for each lot which is appended with the "Z" symbol in determining its minimum lot
size:
(1) Distance from the Center of the Community. Using the Atascadero Administration
Building as the center of the community, the lot size factor based on this
performance standard shall be:
[Distance1 iLot Size Factor
I _
10--4000, 0.08
14000'-- 6000' 0.10
-16000'-- 8000' 0.12
1. To be measured as radial distance using map maintained in the Planning
Department.
(2) Septic Suitability. Using generalized soils data from the Soil Conservation
Service Reports, the lot size factor based on this performance standard shall be:
SCS Rating1 Lot Size Factor
Planning Commission Resolution 2003-0015
February 4, 2003
Page 4 of 7
Well suited 0.30
Moderate or slow 0.50
Severe 0.70
1. Refer to map maintained in Community Development Department.
Percolation tests may be substituted for the Soil Conservation Service Reports.
These shall be prepared by a registered civil engineer or licensed sanitarian. The
following conversion chart shall be used to determine the appropriate lot size factor:
Percolation Rating Minutes Per Inch
Well suited ILess than 20
Moderate 20 to 39
Slow 140 to 59
Severe IGreater than 60
(3) Average Slope. Using the Basic, Sectional or Contour Measurement Method, the
lot size factor based on this performance standard shall be:
Slope Lot Size Factor
10--20% 0.30
21--30% 10.50
31%+ 0.70
(4) Condition of Access. Using the road right-of-way with the shortest accessible
distance between a lot and an improved collector road, the lot size factor based on
this performance standard shall be:
Condition
Lot Size
Factor
paved with slope of less than 15% or
City -accepted
10.15
paved with slope of greater than 15%
10.20
all-weather surface with slope of less 0.25
than 15%
Fall -weather surface with slope of greater
0.30
than 15%
unimproved surface
0.40
Planning Commission Resolution 2003-0015
February 4, 2003
Page 5 of 7
(5) General Neighborhood Character. Using the average lot size of existing lots
(except that lots larger than five (5) acres shall be excluded unless they constitute
more than twenty-five (25) percent of the total number of lots) within a one thousand
(1000) foot radius, the minimum lot size factor based on this performance standard
shall be determined by multiplying the average lot size by 0.2.
(b) Determination of Minimum Lot Size. The minimum lot size shall be determined by
the sum of each of the lot size factors for the performance standards set forth in
subsection (a) of this section.
(1) The most current information shall be used to determine the lot size factor.
Where information is not available, the Planning Director shall determine which lot
size factor shall apply,
(2) If more than one lot size factor can be applied to a lot, the less restrictive factor
shall be used.
(3) Lot size factors shall be based on conditions in existence at the time of filing an
application unless information is included with the application which will alter a lot
size factor. (Ord. 184 § 2, 1989; Ord. 175 § 2 (part), 1988; Ord. 154 § 2, 1987; Ord.
152 § 2, 1987; Ord. 145 § 3 (part), 1987; Ord. 113 § 2 (part), 1985; Ord. 68 § 9-
3.154, 1983)
9-6.106 Residential accessory uses.
The standards of this section apply to the specific types of residential accessory
structures listed. Agricultural accessory structures for the keeping of animals are
subject to Section 9-6.112.
(a) Accessory Greenhouse. An accessory greenhouse may occupy up to five
hundred (500) square feet per dwelling unit or ten (10) percent of the site, whichever
is smaller. Larger greenhouses are subject to Section 9-6.116 where allowed.
(b) Residential Second Units. A residential second unit may be established as an
accessory use to a residence in the RSF-Y or LSF -Y zoning district as follows:
(1) Lot Size: The net lot area shall be 1 -acre minimum.
(2) Sewer: The second unit shall be connected to City sewer.
(3) Water: The second unit shall be served by a public water supply.
(4) Meters: Separate utilities meters may be installed for second units.
(5) Floor area: The maximum residential floor area shall be 800 square
feet.
(6) Parking: One covered parking space shall be provided.
Planning Commission Resolution 2003-0015
February 4, 2003
Page 6 of 7
(7) Setbacks: The same setback requirements of a primary residential
dwelling shall apply to secondary units.
(8) Appearance: The secondary unit shall be architecturally compatible with
the primary residential dwelling.
(9) Grading: Site grading and native tree removals shall be minimized to the
greatest extent possible.
(10) The unit shall be compatible with the surrounding neighborhood.
(c) Swimming Pools. Swimming pools, including hot tubs, spas, and related
equipment, may be located within any required side or rear setback, provided that
they are no closer than eighteen (18) inches to a property line, and provided that
they are fenced as required by Section 9-6.128.
(d) Workshops or Studios. Any accessory structure intended solely or primarily for
engaging in artwork, crafts, light hand manufacturing, mechanical work, etc., is
subject to the following standards when located in a residential zone:
(1) Limits on Use. An accessory structure may be constructed or used as a
workshop or studio in any residential zone solely for noncommercial hobbies or
amusements; for maintenance of the principal structure or yards; for artistic
endeavors such as painting, photography or sculpture; maintenance or mechanical
work on vehicles owned or operated by the occupants; for an approved home
occupation; or for other similar purposes.
(2) Floor Area. A workshop is not to occupy an area greater than fifty (50) percent of
the floor area of the principal structure. (Ord. 68 § 9-6.106, 1983)
SECTION 4. RECOMMENDATION OF APPROVAL.
The Planning Commission of the City of Atascadero, in a regular session assembled on
February 4, 2003 resolved to recommend that the City Council introduce for first reading an
ordinance that would amend the Zoning Ordinance as stated.
Planning Commission Resolution 2003-0015
February 4, 2003
Page 7 of 7
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered
forthwith by the Planning Commission Secretary to the City Council of the City of
Atascadero.
On motion by Commissioner , and seconded by Commissioner
the foregoing resolution is hereby adopted in its entirety by the
following roll call vote:
AYES: ( )
NOES: ( )
ABSENT: ( )
ABSTAIN: ( )
ADOPTED:
CITY OF ATASCADERO, CA
David Bentz
Planning Commission Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
Attachment 3: Draft Planning Commission Resolution 2003-0016
DRAFT
RESOLUTION PC 2003-0016
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO APPROVING A CONDITIONAL USE PERMIT
TO ESTABLISH A RESIDENTIAL SECOND UNIT IN THE RESIDENTIAL
SINGLE FAMILY ZONING DISTRICT AT 9115 SAN GABREIL ROAD
(APN 056-157-042)
(CUP 2002-0081; McDaniel; 9115 San Gabriel Rd.)
WHEREAS, An application has been received from Jerry McDaniel, 9115 San
Gabriel Road, Atascadero, CA (Owner and Applicant) to consider Conditional Use Permit
2002-0081 to establish a residential second unit at 9115 San Gabriel Rd.; and,
WHEREAS, the proposed project is located within the SFR -Y (Single Family
Residential 1 -acre) land use designation of the City of Atascadero's General Plan Land Use
Diagram; and,
WHEREAS, the proposed project is located within the Residential Single Family 1 -
acre (RSF-Y) zoning district where a residential second unit is subject to performance
standards and the approval of a Conditional Use Permit; and,
WHEREAS, a Categorical Exemption, under the California Environmental Quality
Act (CEQA) section 15303 New Construction or Conversion of Small Structures, Class 3(a),
has been prepared; and,
WHEREAS, the Planning Commission held a duly noticed public hearing to consider
the proposed Conditional Use Permit application on February 4, 2003 at 7:00 p.m., and
considered testimony and reports from staff, the applicants, and the public; and,
NOW, THEREFORE, the Planning Commission takes the following actions:
SECTION 1. FINDINGS OF CATEGORICAL EXEMPTION FROM CEQA
1. The proposed project has been determined to be exemption from CEQA based on a
Class 3(a) exemption pertaining to the new construction or conversion of small
structures.
Planning Commission Resolution 2003-0016
February 4, 2003
Page 2 of 7
SECTION 2. FINDINGS FOR APPROVAL OF CONDITIONAL USE PERMIT. The
Planning Commission finds as follows:
1. The proposed project is consistent with the General Plan; and,
2. The proposed project satisfies all applicable provisions of the Zoning Ordinance; and,
3. The establishment, and subsequent operation or conduct of the use will not, because of
the circumstances and conditions applied in this particular case, be detrimental to the
health, safety, or welfare of the general public or persons residing or working in the
neighborhood of the use, or be detrimental or injurious to property or improvements in
the vicinity of the use; and,
4. The proposed project will not be inconsistent with the character of the immediate
neighborhood or contrary to its orderly development; and,
5. The proposed project will not generate a volume of traffic beyond the safe capacity of all
roads providing access to the project, either existing or to be improved in conjunction
with the project, or beyond the normal traffic volume of the surrounding neighborhood
that would result from the full development in accordance with the Land Use Element.
SECTION 3. APPROVAL OF CONDITIONAL USE PERMIT. The Planning
Commission does hereby approve Conditional Use Permit 2002-0081 to establish a
residential second unit at 9115 San Gabriel. (APN 056-151-042), consistent with the
following Exhibits:
EXHIBIT A:
Conditions of Approval
EXHIBIT B:
Site Plan
EXHIBIT C:
Floor Plan
EXHIBIT D:
Elevations
Planning Commission Resolution 2003-0016
February 4, 2003
Page 3 of 7
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 2003-0016
February 4, 2003
Page 4 of 7
EXHIBIT A: CONDITIONS OF APPROVAL
CUP 2002-0081
Condition of Approval
Timing
Responsibility
CUP 2002-0081
/Monitoring
PS: Planning Services
BL: Business License
BS: Building Services
BP: Building Permit
FD: Fire Department
TO: Temporary Occupancy
PD: Police Department
F0: Final Occupancy
CE: City Engineer
WW: Wastewater
CA: City Attorney
Standard Conditions
1. The approval of this use permit shall become final and
On Going
PS
effective for the purposes of issuing building permits,
provided the required conditions of approval have been
satisfied, following adoption and completion of the
second reading period of Zone Change 2003-0039.
2. Approval of this Conditional Use Permit shall be valid
On Going
PS
for 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
On Going
PS
apply to APN 056-157-042, regardless of owner.
Project Conditions
On Going
PS
4. Lot Size: The net lot area shall be 1 -acre minimum.
BP
PS
5. Sewer: The second unit shall be connected to City
sewer.
BP
PS
6. Water: The second unit shall be served by Atascadero
Mutual Water Company. A will serve letter shall be
submitted prior to permit issuance.
BP
PS
7. Meters: Separate utilities meters may be installed for
second units.
BP
PS
8. Floor area: The maximum residential floor area shall be
800 square feet. The total maximum attached covered
porches and patios shall not exceed 400 square feet.
BP
PS
9. Parking: A minimum of one covered parking space
Planning Commission Resolution 2003-0016
February 4, 2003
Page 5 of 7
Condition Of Approval
Timing
Responsibility
CUP 2002-0081
/Monitoring
PS: Planning Services
BL: Business License
BS: Building Services
BP: Building Permit
FD: Fire Department
TO: Temporary Occupancy
PD: Police Department
F0: Final Occupancy
CE: City Engineer
WW: wastewater
CA: City Attorney
shall be provided.
BP
PS
10. Setbacks: The same setback requirements of a
primary residential dwelling shall apply to secondary
units.
BP
PS
11. Appearance: The secondary unit shall be
architecturally compatible with the primary residential
dwelling. Exterior color and material samples shall be
submitted for review and approval prior to permit
issuance.
BP
PS
12. Grading: Site grading and native tree removals shall be
minimized to the greatest extent possible.
Tree protection fencing shall be provided for oak tree
located in vicinity of new gas line. The gas line shall be
located outside of the tree's drip line.
BP
PS
13. The unit shall be compatible with the surrounding
neighborhood. Evergreen trees (live oaks, California
peppers etc.) shall be planted 20 feet on center with
irrigation along the north and west property lines to
buffer the secondary unit from neighboring properties.
Planning Commission Resolution 2003-0016
February 4, 2003
Page 6 of 7
EXHIBIT B: Site Plan
CUP 2002-0081
San Gabriel aqs
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Planning Commission Resolution 2003-0016
February 4, 2003
Page 7 of 7
EXHIBIT C: Floor Plan
CUP 2002-0087
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Planning Commission Resolution 2003-0016
February 4, 2003
Page 8 of 7
EXHIBIT D: Elevations
CUP 2002-0081
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Planning Commission Staff Report
Public Hearing
K -Jon's Mixed Use
Conditional Use Permit 2002-0075
(5245, 5265 El Camino Real / Stan Sherwin)
SUBJECT:
ITEM NUMBER: 4
DATE: 2-4-03
The proposed project is an application for a Conditional Use Permit (CUP 2002-0075) to
construct a mixed-use project consisting of a 2,592 square foot commercial building, 1,872
future commercial expansion, 1,600 square foot residential duplex building, parking lot and
landscaping on two adjacent parcels totaling 0.65 -acres. The project includes demolition of
the existing K -Jon's commercial building, detached garage/apartment, and adjacent
residential building. The project will gain access from El Camino Real.
RECOMMENDATION:
Staff Recommends:
The Planning Commission adopt Resolution No. PC 2003-0013 certifying proposed
mitigated negative declaration 2002-0044 and approving Conditional Use Permit 2002-0075
based on findings, and subject to condition and mitigation monitoring as attached.
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:
Stan Sherwin, 5265 El Camino Real, Atascadero,
CA 93422, 805/466-7248
5245, 5265 El Camino Real
APN 029-302-047, 029-312-036
GC (General Commercial)
CR (Commercial Retail)
0.65 acres
Commercial Retail and Residential
Proposed Mitigated Negative Declaration 2002-
0044
ITEM NUMBER: 4
DATE: 2-4-03
DISCUSSION:
Analysis of Planning Issues
1. Project Summary
The proposed project is a mixed commercial/residential use consisting of a 2,592 square foot
commercial building, 1,872 future commercial expansion, 1,600 square foot residential
duplex building, parking lot and landscaping on two adjacent parcels totaling 0.65 -acres.
The project includes demolition of the existing K -Jon's commercial building, detached
garage/apartment, and adjacent residential building. The project is located mid -block along
the east side of El Camino Real between San Jacinto Avenue and Rosario Avenue. U.S.
Highway 101 is located adjacent and parallel to El Camino Real at this location.
2. Background
Surrounding Land Uses and Setting:
North: Commercial
South: Commercial
East: Residential
West: El Camino Real & U.S.
Highway 101
The General Plan identifies this site, along with adjacent properties to the north and south as
Commercial Retail and property to the east as Medium -Density Residential (10 units/acre).
The project site is located within the Commercial Retail zoning district. The proposed
Commercial Retail use is an allowable use. Allowable uses which exceed 10,000 square feet
require a conditional use permit. In addition, the General Plan allows multi -family
residential use in the Commercial Retail zoning district where it may be appropriate on a
conditional basis, as proposed by the applicant.
3. Design and Appearance
The Conditional Use Permit includes site design and appearance review including
architecture, landscaping, and signage. The proposed commercial and residential buildings
have been designed in a contemporary architectural style influenced by a Spanish Eclectic
theme. The applicant has worked closely with staff in designing two buildings 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 (discussed below).
ITEM NUMBER: 4
DATE: 2-4-03
Project Phasing
The project is proposed to be constructed in two phases. Phase I includes construction of the
2,592 square foot commercial building and the 1,600 square foot residential duplex building
and 4 -car carport, and demolition of and existing single-family home and the
garage/apartment building behind the existing K -Jon's commercial building. Phase II will
include demolition of the existing K -Jon's commercial building, and construction of a 1,872
square foot addition to the Phase I commercial building with associated parking and
landscaping improvements. Phase II is conditioned upon formal written agreement with the
neighboring property owner to the north to assure reciprocal access and authorization to
construct landscape, parking and circulation improvements on the adjacent property
(Condition 27).
Architecture & Landscape
A. Architectural Features: The applicant has incorporated the following features, consistent
with the Spanish Eclectic theme:
Commercial Buildings (Phase I & II)
❑ Prominent storefront multi -paned window fenestration with transom windows over main
entry.
❑ Full-length arcaded fagade with slight arches supported by square symmetrical plaster
columns (Condition 13)
❑ Hand -troweled stucco exterior (Condition 14)
❑ Low-pitched modern Spanish tile roofing
❑ Parapet with simple trim cap
❑ Square hipped tower over main entrance — roof pitch to match arcade (Condition 15)
❑ Decorative metal porch and staircase railing (future expansion) (Condition 16)
Residential Duplex Building (Phase I)
❑ Symmetrical door and window placement
❑ Recessed double or single -hung windows on front elevation (Condition 17)
❑ Covered shed -roofed porch supported by symmetrical square plaster columns
❑ Hand -troweled stucco exterior
❑ Low-pitched modern Spanish tile roofing
ITEM NUMBER: 4
DATE: 2-4-03
B. Compatible Building Colors: The applicant has included a
color and material sample board. The project colors for both buildings are:
❑ Building Body & Solid Doors: Light Tan (Adobe X-72)
❑ Building Roof. Terracotta Blend Spanish Tile (R-536 Trabuco Blend)
❑ Fascia and Windows: Dark Bronze (NZ04D)
Staff has included a condition that window glazing be clear or only slightly tinted
(Condition 18).
C. Landscape Design: The preliminary site/landscape and master site plan have been
designed for compatibility with the proposed building and visual appearance from
surrounding streets and U.S. Highway 101. The use of 24 -inch box sized street trees are
proposed along El Camino Real. Five parking lot trees are proposed along the front of
the commercial building and 5 trees are proposed along the rear parking lot. An
additional 5 trees are proposed surrounding the proposed residential duplex building and
carport structure. Although tree species are not identified, staff has added a condition
that the landscape palette include 15 -gallon size shade trees for all proposed trees and that
the street trees along El Camino Real be 24 -inch box sized (Condition 9). The retaining
wall and monument sign along El Camino Real, and the site perimeter retaining walls are
identified as a tan split -face block. Shrub planting between the wall and the parking lot
shall be selected to provide a low hedge to screen the parking lot from off-site public
view (Condition 9).
One additional noteworthy feature is a central planter aligned with the K -Jon's entrance
which contributes to the overall Spanish theme of the proposed project.
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 El Camino Real. The project includes curb, gutter and
sidewalk improvements to accommodate the two -phased project.
On-site circulation has been designed to allow reciprocal access between the adjacent
southerly property (Conditions 10 & 27), and the central entry drive serving the site from El
Camino Real. Special paving treatment at the two driveway entrances has been included as a
condition of approval (Condition 19). Trash/Recycle enclosure is appropriately sited;
however, the sizing requires a larger area to contain recycle containers, which may require
the elimination of the adjacent compact parking space (Condition 11). The Phase I and Phase
lI site plans with notes identifying plan features are depicted below.
Phase I Site Plan
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ITEM NUMBER: 4
DATE: 2-4-03
The proposed commercial project exceeds the code -required
parking spaces and the required covered parking for the residential use is accommodated
with the 4 -space covered carport fronting the residences.
Parking lot lighting is included in the project. Lighting levels shall be limited and shielded
so that the potential for light or glare impacts are insignificant (Mitigation Measure Le. 1).
Project Signage
Project signage is a required component of the conditional use permit for the proposed
commercial building. Signs are proposed on site as follows (Sign sizes and locations are
identified on Exhibits C and G):
Front (West) building entrance tower element: One 30 square foot "K -Jon's" sign with
individual dark bronze color letters.
■ Other Tenant Wall Signs: Front (West) building 1'x 8' (8 SF) wall signs.
■ Freestanding monument sign: One 36 square foot "K -Jon's" non -illuminated sign.
The proposed signage is consistent with the Atascadero Municipal Ordinance.
Staff has included a condition that no permanent or temporary signs are to be located upon
the building side or rear (north, south or east) elevations (Condition 12).
Site Drainage
The site slopes gently to the west. The project may tie into the existing storm drain inlet on
El Camino Real. The preliminary plans show a schematic layout of a drainage system. This
system conveys most of the site storm water runoff directly to the existing storm drain inlet
on El Camino Real. Storm water flow, except from the immediate driveway, will not be
conveyed across the sidewalk (Condition 21). All drainage improvements shall be designed
to City of Atascadero Engineering Standards (Condition 22).
Wastewater
Sanitary sewer will be connected to an existing sanitary sewer line with El Camino Real.
Tree Preservation
Although there are no native trees on site, there is an existing native oak tree near the
project's northeast corner. Due to the proposed retaining wall construction at this location,
staff has added a condition that a certified arborist report is required to recommend any tree
protection requirements, including relocation of the proposed retaining wall away from the
property corner (Condition 20).
4. Conditional Use Permit
The project is consistent with the existing General Plan land use and the zoning district. The
Conditional Use Permit process provides the opportunity for the public and the Planning
ITEM NUMBER: 4
DATE: 2-4-03
Commission to review the specifics of land use proposals, such as
architectural design, site design, landscape, signage, and specific standards of the zoning
ordinance. The Planning Commission must make the following five findings to approve a
Conditional Use Permit:
1. The proposed use is consistent with the General Plan.
Staff Comment: The use is consistent with the General Commercial Designation of the
Plan and General Plan Policy 1. 1, Program 10.
2. The proposed use satisfies all applicable provisions of the Zoning Ordinance.
Staff Comment: As conditioned, the project satisfies all zoning code provisions.
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 of injurious to the property or improvements
in the vicinity and the use.
Staff Comment: The proposed commercial building and residential building will not be
detrimental to the general public or working persons health, safety, or welfare.
4. The proposed use will not be inconsistent with the character of 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
along El Camino Real or the existing medium -density residential neighborhood located
east of the project site.
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.
Staff Comment: The proposed building and use are consistent with the traffic projections
and road improvements anticipated within the General Plan. In addition, the two existing
residential units will be replaced with two new residential units.
Based on staff's analysis in the preceding sections, it appears that all of the required findings
for the granting of a Conditional Use Permit can be made.
5. General Plan Consistency
The proposed project is consistent with the General Plan Land Use Element Policy 1.3:
"Enhance the rural character and appearance of the City, including commercial corridors,
ITEM NUMBER: 4
DATE: 2-4-03
gateways and public facilities". Implementing General Plan
programs require appearance review of architectural design, materials, street trees, and
landscaping to improve the appearance as viewed from commercial corridors and U.S.
Highway 101. As analyzed above, the proposed project, as conditioned is consistent with the
General Plan.
6. 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 adopt the findings and certify the Mitigated Negative
Declaration.
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
appropriate exterior materials to both the commercial building and residential duplex
building and carport resulting in a contemporary Spanish style complex. In addition, the
applicant agrees to conditions of approval and mitigation measures that have been
incorporated into the project. 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.
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 conditional use permit. 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:
1. Attachment 1: General Plan, Zoning and Location Map
ITEM NUMBER: 4
DATE: 2-4-03
2. Attachment 2: Draft Resolution of Approval
3. Attachment 3: Draft Mitigated Negative Declaration
A.
EXHIBIT A:
Conditions of Approval/Mitigation Monitoring Program
B.
EXHIBIT B:
Conceptual Master Plan Development
C.
EXHIBIT C:
Exterior Elevations
D.
EXHIBIT D:
Site Plan
E.
EXHIBIT E:
Floor Plan
F.
EXHIBIT F:
Preliminary Landscape Plan
G.
EXHIBIT G:
Preliminary Grading & Drainage Plan
H.
EXHIBIT H:
Color and Material Sample Board
I.
EXHIBIT 1:
Sign Program
ITEM NUMBER: 4
DATE: 2-4-03
Attachment 1: Location Map / General Plan / Zoning
CUP 2002-0075: Stan Sherwin/ K -Jon's Mixed -Use
General Plan
General Commercial
Zoning District:
Commercial Retail
Project
Site
ITEM NUMBER: 4
DATE: 2-4-03
Attachment 2: Draft Resolution No. PC 2003-0013
CUP 2002-0075: Stan Sherwin/ K -Jon's Mixed -Use
DRAFT RESOLUTION NO. PC 2003-0013
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO APPROVING
CONDITIONAL USE PERMIT 2002-0075 FOR A 2,592 SQUARE FOOT
COMMERCIAL BUILDING, 1872 SQUARE FOOT FUTURE COMMERCIAL
BUILDING EXPANSION, AND 1,600 SQUARE FOOT RESIDENTIAL DUPLEX
BUILDING ON A 0.65 -ACRE SITE AT APN 029-302-047 & 029-312-036.
(5245, 5265 El Camino Real / Stan Sherwin)
WHEREAS, an application has been received from Stan Sherwin (5265 El Camino
Real, Atascadero, CA 93422) Applicant and Property Owner for a Conditional Use Permit
(CUP 2002-0075) to construct a 2,592 square foot commercial building, 1,872 future
commercial expansion, 1,600 square foot residential duplex building, parking lot and
landscaping on one parcel in a commercial retail zoning district; and,
WHEREAS, the site's General Plan Designation is GC (General Commercial); and,
WHEREAS, the site's zoning district is CR (Commercial Retail); 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 of the City of Atascadero, at a duly noticed
Public Hearing held on February 4, 2003, studied and considered Conditional Use Permit
(CUP 2002-0075), after first studying and considering the Draft Mitigated Negative
Declaration prepared for the project, and
NOW, THEREFORE, the Planning Commission takes the following actions:
SECTION 1. Findings for Certification of the Proposed Mitigated Negative
Declaration. The Planning Commission finds as follows:
The project does not have the potential to degrade the environment when
mitigation measures are incorporated into the project's mitigation monitoring
program as conditions of approval; and,
ITEM NUMBER: 4
DATE: 2-4-03
2. The project will not achieve short-term to the
disadvantage of long term environmental goals; and,
3. The project does not have impacts which are individually limited, but
cumulatively considerable; and,
4. The project will not cause substantial adverse effects on human beings either
directly or indirectly; and,
SECTION 2. Findings for Approval of the Conditional Use Permit. 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); 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; and,
SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a
regular session assembled on February 4, 2003, resolved to Conditional Use Permit 2002-
0075 subject to the following conditions and exhibits:
EXHIBIT A: Conditions of Approval/Mitigation Monitoring Program
EXHIBIT B: Exterior Elevations
EXHIBIT C: Site Plan & Preliminary Landscape Plan
EXHIBIT D: Floor Plan
EXHIBIT E: Preliminary Grading, Drainage & Utility Plan
EXHIBIT F: Color and Material Sample Board
EXHIBIT G: Sign Program
EXHIBIT H: Master Plan of Development (Site Plan & Commercial Building
Elevations)
ITEM NUMBER: 4
DATE: 2-4-03
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: ( )
ABSTAIN: ( )
ADOPTED:
CITY OF ATASCADERO, CA
David Bentz, Chairperson
Atascadero Planning Commission
Attest:
Warren M. Frace
Planning Commission Secretary
ITEM NUMBER
DATE: 2-4-03
Attachment 3: Draft Mitigated Negative Declaration
CUP 2002-0075: Stan Sherwin/ K -Jon's Mixed -Use
ITEM NUMBER
DATE: 2-4-03
EXHIBIT A: Conditions of Approval
Conditional Use Permit 2002-0075: Stan Sherwin/ K -Jon's Mixed -Use
Conditions of Approval / Mitigation Monitoring Program
Timing
Responsibility
Mitigation
CUP 2002-0075: K -Jon's / Stan Sherwin
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
BP: Building Permit
BS: Building Services
TO: Temporary Occupancy
FD: Fire Department
FI: Final inspection
PD: Police Department
F0: Final Occupancy
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Planning Services
1. This conditional use permit shall be for a 2,592 square
On going
PS
foot commercial building, 1,872 future commercial
expansion, 1,600 square foot residential duplex
building, parking lot and landscaping on two adjacent
parcels totaling 0.65 -acres as described on the
attached exhibits and located on parcels 029-302-047,
029-312-036 (5245, 5265 EI Camino Real) regardless
of owner.
2. The approval of this use permit shall become final and
On going
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.
3. Approval of this Conditional Use Permit shall be valid
On going
PS
for 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 building
permit.
4. The Community Development Department shall have
BP
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 Conditional Use Permit, (3) Adjust
project intensity <10%).
5. All site improvements, lighting, landscaping, and
BP
PS
building elevations including colors, material and
FI
finishes shall be consistent or superior to those shown
in attached Exhibits B through H.
6. The Architectural Elevations as shown in Exhibit B and
BP
PS
H shall include the following:
a) All exterior finishes, materials and construction
techniques shall be consistent with, or superior to those
shown on the attached exhibits or conditioned.
7. There shall be no roof -mounted equipment on the
BP
PS
residential duplex building.
FI
ITEM NUMBER
DATE: 2-4-03
Conditions of Approval / Mitigation Monitoring Program
Timing
Responsibility
Mitigation
CUP 2002-0075: K -Jon's / Stan Sherwin
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
BP: Building Permit
BS: Building Services
TO: Temporary Occupancy
FD: Fire Department
FI: Final inspection
PD: Police Department
F0: Final Occupancy
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
8. All ducts, meters, air conditioning equipment and all
BP
PS
other mechanical equipment shall be located within the
building or, if required on the rooftop, be designed to be
below the building parapet. Any ground -mounted
equipment shall be screened from public view with
materials architecturally compatible with the main
structure. Ground -mounted gas and electric meters,
electric transformers, and large water piping systems
shall be completely screened from public view with
approved architectural features and/or landscape
plantings.
9. The Community Development Department shall
BP
PS, BS
approve a final landscape and irrigation plan prior to the
issuance of any building permit consistent with Exhibits
C and H. Landscape plans and specification shall be
prepared by a professional landscape architect and
indicate the location, size, quantity and planting
requirements of all plant materials. The plans shall
include details for an automatic underground irrigation
system. The landscape construction plan shall be
consistent with the incorporation of the following
features at a minimum:
a) The species, size, quantity and location of all proposed
plant material will be indicated on the plans.
b) All slopes in excess of 3:1 shall be planted with slope
stabilizing plant materials and installed with jute mesh.
c) Add irrigated vine pockets along the northerly retaining
where the sidewalk abuts.
d) All trees are to be 15 -gallon minimum size (except item
i) and double -staked.
e) Plant the parking lot edges along EI Camino Real with a
low hedgerow planting along the backside of the
parking lot curb.
f) Specify 24 -inch box sized street trees adjacent to EL
Camino Real.
10. Prior to the issuance of any future Phase II building
GP
PS
permits, all off-site access and parking easements
BP
CA
required from adjacent properties shall be approved
by the City Attorney and recorded in favor of the
project and it perpetuity. The required easements
shall include one (1) reciprocal shared access drive
aisle between adjacent southerly property at the
location identified in Exhibits C and H.
ITEM NUMBER
DATE: 2-4-03
Conditions of Approval / Mitigation Monitoring Program
Timing
Responsibility
Mitigation
CUP 2002-0075: K -Jon's / Stan Sherwin
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
BP: Building Permit
BS: Building Services
TO: Temporary Occupancy
FD: Fire Department
FI: Final inspection
PD: Police Department
F0: Final Occupancy
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
11. Trash/recycle enclosure shall be constructed of tan
BP
PS
split -face block material, with solid metal gates
(painted to match building color) and sized to
accommodate dumpster and recycle containers. The
adjacent compact parking space may be deleted to
accommodate this condition.
12. Signs shall be designed and located as identified on
BP
PS
Exhibit C and G. No permanent or temporary signs
are to be located upon the side or rear (north, south,
east) elevations of the commercial building. Signs
shall not be permitted on the residential duplex
building.
13. The commercial and residential building arcade/porch
BP
PS
columns shall be square symmetrical plaster
columns. The carport shall be square symmetrical
taster or wood columns.
14. The stucco siding shall be of smooth hand toweled
BP
PS
finish appearance, not machine or sprayed finished.
15. The roof pitch of the rectangular hipped tower over
BP
PS
the main entrance shall match the 6:12 arcade roof
itch, as viewed in side north, south elevation.
16. The future commercial building expansion front porch
BP
PS
and staircase railing shall be decorative metal or
heavy wrought iron, subject to staff approval
17. The residential duplex building front elevation
BP
PS
windows shall incorporate double or single -hung
windows, recessed approximately 4 inches into a
minimum 6" deep building wall.
18. The storefront doors, and window glass shall be clear
BP
PS
or only slightly tinted.
19. Special paving treatment shall be added at the two EI
BP
PS
Camino Real driveway entrances, as identified on
Exhibits C and H.
20. An arborist report is required to recommend any tree
GP, BP
PS
protection requirements for an off-site native oak tree
located adjacent to the northeast corner of the project
site. Preservation recommendations shall include
relocating the proposed retaining wall away from the
property corner.
Public Works — Drainage
21. The project may tie into the existing storm drain inlet
BP
BS, CE
on EI Camino Real. The preliminary plans show a
schematic layout of a drainage system. This system
conveys most of the site storm water runoff directly to
the existing storm drain inlet on EI Camino Real.
Storm water flow, except from the immediate
driveway, will not be conveyed across the sidewalk.
22. All drainage improvements shall be designed to City
BP
BS, CE
of Atascadero Engineering Standards. A Registered
Civil Engineer shall design the plans and submit
ITEM NUMBER
DATE: 2-4-03
Conditions of Approval / Mitigation Monitoring Program
Timing
Responsibility
Mitigation
CUP 2002-0075: K -Jon's / Stan Sherwin
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
BP: Building Permit
BS: Building Services
TO: Temporary Occupancy
FD: Fire Department
FI: Final inspection
PD: Police Department
F0: Final Occupancy
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
drainage calculations for the system. The
calculations shall 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.
Public Improvements (Project Frontage)
23. All public improvements shall be constructed in
BP
BS, CE
conformance with the City of Atascadero Engineering
Department Standard Specifications and Drawings or
as directed by the City Engineer.
Wastewater
24. This project shall connect to City sewer. The design
BP
BS, WW
and construction of the connection shall follow all City
standards. All fees shall be paid at the time of permit
issuance.
On -Site Improvements
25. The applicant will obtain approval by the City
BP
BS, CE
Engineer of the grading & drainage plan and the
storm drain design & facilities.
26. The preliminary plans show retaining walls along the
BP
BS, CE
property lines. The walls shall be design by a
registered civil or structural engineer. A soils report
shall be submitted specifying design parameters and
drainage recommendations for the walls. The walls
shall be designed to these parameters. Easements
shall be obtained from the offsite property owners
where access or grading is required to construct the
walls. The walls shall match the tan block walls that
have been constructed within the vicinity along EI
Camino Real.
27. Prior to issuance of any building permit related to
BP
CE, CA
future Phase II improvements (Shown on the Master
Plan of Development Exhibit H), the applicant shall
provide an agreement with the adjacent southerly
property owner, indicating acceptance of proposed
future Phase II improvements including reciprocal
access, parking, driveway and landscape. The
agreement shall be subject to review and approval of
the City Engineer and City Attorney.
Standard Conditions
28. The applicant shall enter into a Plan Check &
BP
BS
Inspection agreement with the City.
29. An encroachment permit shall be obtained prior to
BP
BS
any work within City rights of way.
ITEM NUMBER
DATE: 2-4-03
Conditions of Approval / Mitigation Monitoring Program
Timing
Responsibility
Mitigation
CUP 2002-0075: K -Jon's / Stan Sherwin
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
BP: Building Permit
BS: Building Services
TO: Temporary Occupancy
FD: Fire Department
FI: Final inspection
PD: Police Department
F0: Final Occupancy
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
30. The applicant shall be responsible for the protection,
BP
BS
relocation and/or alteration of existing utilities.
31. The applicant shall install all new utilities (water, gas,
BP
BS
electric, cable TV and telephone) underground.
32. The applicant shall monument all property corners for
BP
BS
construction control and shall promptly replace them
if disturbed.
33. Prior to issuance of building permits, the applicant
BP
BS
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
BP
BS
and inspection fees shall be paid.
35. All construction activities shall comply with the City of
BP
BS
Atascadero Noise Ordinance for hours of operation.
Construction activities shall be limited to the following
hours of operation:
Li 7 a.m. to 7 p.m. Monday through Friday
CI 9 a.m. to 6 p.m. Saturday
CI No construction on Sunday
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.
36. Prior to the final inspection, the applicant shall submit
BP
BS
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).
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 24 -inch box sized street trees adjacent to EI Camino
ITEM NUMBER
DATE: 2-4-03
Conditions of Approval / Mitigation Monitoring Program
Timing
Responsibility
Mitigation
CUP 2002-0075: K -Jon's / Stan Sherwin
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
BP: Building Permit
BS: Building Services
TO: Temporary Occupancy
FD: Fire Department
FI: Final inspection
PD: Police Department
F0: Final Occupancy
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Real.
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 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 Measure4.ef: An arborist report and tree
GP, BP
PS, BS, CE
4.ef
preservation recommendations is required for any proposed
construction or earthwork within or adjacent to the drip line of
the existing off-site oak tree located at the northeast corner of
ITEM NUMBER
DATE: 2-4-03
Conditions of Approval / Mitigation Monitoring Program
Timing
Responsibility
Mitigation
CUP 2002-0075: K -Jon's / Stan Sherwin
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
BP: Building Permit
BS: Building Services
TO: Temporary Occupancy
FD: Fire Department
FI: Final inspection
PD: Police Department
F0: Final Occupancy
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
the site, prior to grading or building permit issuance.
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 6.15.1: The Building Permit Application
GP
PS, BS, CE
6.b.2
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.4
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
6.b.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
6.b.3
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:
11 7 a.m. to 7 p.m. Monday through Friday
-I 9 a.m. to 6 p.m. Saturday
I No construction on Sunday
Further, particularly loud noises shall not occur before 8 a.m.
on weekdays and not at all on weekends.
ITEM NUMBER
DATE: 2-4-03
Conditions of Approval / Mitigation Monitoring Program
CUP 2002-0075: K -Jon's / Stan Sherwin
Timing
GP: Grading Permit
BP: Building Permit
TO: Temporary Occupancy
FI: Final inspection
F0: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Mitigation
Measure
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 15.4: The applicant shall provide
BP
BS
15.g
reciprocal access easements to the northerly, central, and
southerly adjoining properties per the proposed site plan.
ITEM NUMBER: 4
DATE: 2-4-03
EXHIBIT B: Exterior Elevations
CUP 2002-0075
EXHIBIT B: Exterior Elevations
CUP 2002-0075
ITEM NUMBER: 4
DATE: 2-4-03
EMS
j j l
EXHIBIT C: Site Plan & Preliminary Landscape Plan
CUP 2002-0075
e
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VIE
4
ITEM NUMBER: 4
DATE: 2-4-03
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ITEM NUMBER: 4
DATE: 2-4-03
EXHIBIT D: Floor Plan
CUP 2002-0075
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EXHIBIT E: Preliminary Grading, Drainage & Utility Plan
CUP 2002-0075
7
ITEM NUMBER: 4
DATE: 2-4-03
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ITEM NUMBER: 4
DATE: 2-4-03
EXHIBIT G: Sign Program
CUP 2002-0075
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ITEM NUMBER: 4
DATE: 2-4-03
EXHIBIT H: Master Plan of Development (Site Plan)
CUP 2002-0075
i Note: Prior to issuance of any
building permit related to future C
Phase II improvements, the �?
` applicant shall provide an J
^ agreement with the adjacent
l u M southerly property owner,
indicating acceptance of g __
I 'a zW proposed future Phase II i 1
r. improvements including i
'•.. • •j � reciprocal access, parking, • H . t µ „ » � _ �
driveway and landscape. The
agreement shall be subject to ci N ro
• 6
review and approval of the City S
Engineer and City Attorney.
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ITEM NUMBER
DATE: 2-4-03
EXHIBIT H: Master Plan of Development (Commercial Building Elevation)
CUP 2002-0075
I
ITEM NUMBER: 4
DATE: 2-4-03
1. A-111. i`tN�l 1'IIX% l;l PXTIONb
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OLANNINC•ONCGYCiICN 4.IL.'' [ � J �.L�KS F
5269 �'L LdMWO KE'AL
ITEM NUMBER: 6
DATE: 02/04/02
Community Development Staff Report
Tree Removal Permit
TRP 2003-0026
(8700 Sierra Vista: Hannahs)
SUBJECT:
Request to remove one (1) native oak tree over 24 -inches in diameter, in conjunction with the
development of an 880 square -foot new single-family home located at 8700 Sierra Vista Rd.
RECOMMENDATION:
Staff recommends:
The Planning Commission adopt Resolution PC 2003-0012 to approve the request to remove
one native oak tree subject to the guidelines and mitigation required by the Atascadero Native
Tree Ordinance.
SITUATION AND FACTS:
1. Applicant: Todd and Cassandra Hannahs, 270 Foote Street,
Middlebury, VT 057053
2. Representative: Todd and Cassandra Hannahs, 270 Foote Street,
Middlebury, VT 057053
3. Certified Arborist: Jack Brazeal; Jack Brazeal's Tree Consulting, 4531
Skipjack Lane, Paso Robles, CA 93466.
3. Project Address: 8700 Sierra Vista Rd., Atascadero, CA 93422;
APN 055-092-001
1/28/2003 TRP 2003-0026 8700 Sierra Vista.PC-SR.doc
ITEM NUMBER: 6
DATE: 02/04/02
ANALYSIS:
The applicant has proposed an 880 square foot single-family residence on the project site. The project
site is comprised of moderate slopes up to 20 percent with a more level area proposed for the building
site. The project will gain access from Sierra Vista Rd. The majority of the parcel contains heavy to
moderate concentrations of oak tree clusters. The proposed building site is located within a relatively
clear area and provides the only practical building site. Additionally, the proposed septic placement
and routes have been located to avoid disturbance of the oak tree clusters.
Proposed Residence
.4v\,. +1 /['CCU 't' rani rt7lara,
� ,Mx+e.-F,.aan ietwtr+�eq t
afN:
♦ / Tree Proposed
' 1 f i / — for Removal
. I
30" Blue Oak
�A,
, ae r�td
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tom, _ � r - " _ `- ( G o�• i
^� t �, � ♦ ��%%%��� � '� s �-.�\ '�F. Mau;p. t ,.xa�ia�� \�6 _ l._. -'/ r /t" / i .i
� .a �ry � 1. • `�: p S _= �j \a �, / � /� / r
• ,.
01 (Stt TXutt.'A•) .r' t Z
Tree Protection :k
Fencing
1/28/2003 TRP 2003-0026 8700 Sierra Vista.PC-SR.doc
ITEM NUMBER: 6
DATE: 02/04/02
The City of Atascadero's Tree Ordinance requires that a certified arborist prepare an accurate and
appropriate Tree Protection Plan, and that appropriate mitigation for native tree removals be
implemented as a condition of the project. The applicant submitted a Tree Protection Report and staff
reviewed and approved the recommendations, which have been incorporated into the site plan. The
arborist's report findings conclude that the native oak tree to be removed is in poor condition would be
a hazard to the proposed new residence. The subject tree is shown below.
Staff is recommending that removal of the tree be mitigated by payment of $500 into the
City's Tree Replacement Fund. In addition, staff will require that the applicant implement the
tree protection measures that are recommended in the report prior to the issuance of the
building permit. The proposed mitigation is shown in the following table.
1/28/2003 TRP 2003-0026 8700 Sierra Vista.PC-SR.doc
Evergreen Native Trees (inches)
dbh notes
1
2
3
4
5
6
Total 0 -inches
Mitigation Requirement
Tree Fund Payment: $
FINDINGS:
ITEM NUMBER: 6
DATE: 02/04/02
Deciduous Native Trees (inches)
dbh notes
1 30 -inches Blue Oak
2
3
4
5
6
Total 30 -inches
Tree Fund Payment: $ 500.00
Totals
30 -inches
$ 500.00
Pursuant to the Tree Ordinance (Ordinance No. 214), "decisions on native tree removals of 24 -inch
dbh-size or larger shall be made by the Planning Commission." In considering any tree removal
request, at least one of the below stated following findings must be made. Staff has identified findings
#1 and #5 as appropriate for the application request.
1) The tree is dead, diseased or injured beyond reclamation, as certi aed by a tree condition
resort from an Arborist;
2) The tree is crowded by other healthier native trees, thinning (removal) would promote
healthier growth in the trees to remain, as certified by a tree condition report from an
Arborist;
3) The tree is interfering with existing utilities and/or structures, as certified by a report from
the Site Planner;
4) The tree is inhibiting sunlight needed for existing and/or proposed active or passive solar
heating or cooling, as certified by a report from the Site Planner;
S) The tree is obstructing proposed improvements that cannot be reasonably des i ned to
avoid the need for tree removal, as certified by a report from the Site Planner and
determined by the Community Development Department based on the following actors:
❑ Early consultation with the City;
❑ Consideration of practical design alternatives;
❑ Provision of cost comvarisons (from annlicant) for practical design alternatives:
❑ Ifsaving tree eliminates all reasonable uses of the property; or
❑ Ifsaving the tree requires the removal of more desirable trees.
1/28/2003 TRP 2003-0026 8700 Sierra Vista.PC-SR.doc
ITEM NUMBER: 6
DATE: 02/04/02
CONCLUSION:
The applicant has a submitted tree protection plan with findings from a Certified Arborist. The tree
have been determined to be in poor health and is obstructing proposed improvements that cannot be
reasonably designed to avoid the need for tree removal, as certified by the Community Development
Department, and therefore meets the required findings for removal.
PREPARED BY: Kelly Davis, Assistant Planner
ATTACHMENTS:
Attachment 1: Location Map
Attachment 2: Site Plan
Exhibit A: Draft Resolution PC 2003-0012
Exhibit B: Conditions of Approval/Tree Mitigation Table
Exhibit C: Tree Protection Plan
1/28/2003 TRP 2003-0026 8700 Sierra Vista.PC-SR.doc
8700 Sierra Vista
ITEM NUMBER:
DATE: 02/04/02
Attachment 7
Location Map
Project Site
1/28/2003 TRP 2003-0026 8700 Sierra Vista.PC-SR.doc
ITEM NUMBER: 6
DATE: 02/04/02
Attachment 2
Site Plan
1/28/2003 TRP 2003-0026 8700 Sierra Vista.PC-SR.doc
ITEM NUMBER: 6
DATE: 02/04/02
Exhibit A: Draft Resolution PC 2003-0012
Tree Removal - TRP 2003-0026
DRAFT RESOLUTION PC 2003-0012
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO APPROVING A TREE REMOVAL PERMIT
TO ALLOW THE REMOVAL OF ONE NATIVE OAK TREE
LOCATED AT 8700 SIERRA VISTA RD.
(TRP 2003-0026/HANNAHS)
WHEREAS, an application for a Tree Removal Perm�L iviceived from, Todd
and Cassandra Hannahs, 270 Foote St., Middlebury, Vermont 057053, to allow the removal of
one native oak tree located at 8700 Sierra Vista Rd.; and,
WHEREAS, the proposed project is located within the Rural Estate land use
designation of the City of Atascadero's General Plan Land Use Diagram; and,
WHEREAS, the proposed project is located in the Residential Suburban zoning
district; and,
WHEREAS; the Planning Commission reviewed the proposed Tree Removal
application on February 4, 2003, at 7:00 p.m. in the Rotunda Room of City Hall located at
6500 Palma Avenue and considered testimony and reports from staff, the applicants, and the
public; and,
NOW, THEREFORE, the Planning Commission takes the following actions:
SECTION 1. Findings for Approval of Tree Removal Permit. The Planning
Commission finds as follows:
1. The tree is dead, diseased or injured beyond reclamation, as certified by a tree
condition report from an Arborist;
2. The tree is obstructing proposed improvements that cannot be
reasonably designed to avoid the need for tree removal, as
certified by a report from the Site Planner and determined by
the Community Development Department based on the
following factors:
a. Early consultation with the City;
b. Consideration of practical design alternatives;
c. Provision of cost comparisons (from applicant) for
practical design alternatives;
1/28/2003 TRP 2003-0026 8700 Sierra Vista.PC-SR.doc
ITEM NUMBER: 6
DATE: 02/04/02
d. If saving tree eliminates all reasonable uses of the
property; or
e. If saving the tree requires the removal of more desirable
trees.
On motion by Commissioner , and seconded by Commissioner the
foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES: (0)
NOES:
ABSENT:
ABSTAIN:
ADOPTED:
CITY OF ATASCADERO, CA
David Bentz
Planning Commission Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
(0)
(0)
(0)
1/28/2003 TRP 2003-0026 8700 Sierra Vista.PC-SR.doc
Tree Mitigation Table 1
Evergreen Native Trees (inches)
dbh notes
1
2
3
4
5
6
Total 0 -inches
Mitigation Requirement
Tree Fund Payment: $
ITEM NUMBER: 6
DATE: 02/04/02
Exhibit B: Tree Mitigation Table
Tree Removal - TRP 2003-0026
Deciduous Native Trees (inches)
dbh notes
1 30 -inches BO
2
3
4
5
6
Total 30 -inches
Tree Fund Payment: $
500.00
Totals
30 -inches
$ 500.00
1/28/2003 TRP 2003-0026 8700 Sierra Vista.PC-SR.doc
ITEM NUMBER: 6
DATE: 02/04/02
Exhibit Q Tree Protection Plan
Tree Removal - TRP 2003-0026
Oak Tree Impact Report
Lot 85, Block 31: APN 055-092-001
8700 Sierra Vista Road
Atascadero, California
Prepared for.
Todd & Cassandra Hannahs
8700 Sierra Vista Road
Atascadero, California
Prepared by:
Jack Brazeal
Jack Brazeal's Tree Consulting
4531 Skipjack Lane
Paso Robles, California 93446
Ref. # Todd 01-10-03
January 10, 2003
ECEIV
RECEIVED JA 2003
JAN 14 2003
OMMUNITY DEYELOPME
COMMUNITY DEVELOPMENT
1/28/2003 TRP 2003-0026 8700 Sierra Vista.PC-SR.doc
ITEM NUMBER:
DATE: 02/04/02
Exhibit C: Tree Protection Plan
Tree Removal - TRP 2003-0026
1/28/2003 TRP 2003-0026 8700 Sierra Vista.PC-SR.doc
ITEM NUMBER: 6
DATE: 02/04/02
Tree Removal - TRP 2003-0026
TABLE OF CONTENTS
Summary............................................................................................................
i
Tableof Contents...............................................................................................
ii
Assignment..........................................................................................................
1
Limitsof Assignment............................................................................................
1
Purposeof Report ................................................................................................
1
Observation.........................................................................................................
2
TreeInventory ......................................................................................................
3-5
Recommendations.................................................................................................
6
Supporting Information:
SitePictures................................................................................
7-17
SitePlan....................................................................................
18-19
ffl
1/28/2003 TRP 2003-0026 8700 Sierra Vista.PC-SR.doc
ITEM NUMBER: 6
DATE: 02/04/02
Exhibit C: Tree Protection Plan
Tree Removal - TRP 2003-0026
Pg. 1/Brazeal's Tree Consulting 01/10/03
Oak Tree Impact Report/ Example
ASSIGNMENT
Prepare a report to address all the native oak trees on this site that will be impacted by the
proposed development. Included in the report will be all the information required for the
protection and preservation of the impacted trees. All of the impacted trees on the subject
site will be inventoried and listed in this report.
LIMITS OF ASSIGNMENT
Any request(s) for change to the initial report will be changed by addendum and may be
subject to additional charges.
PURPOSE OF REPORT
The City of Atascadero has established a program for the preservation of oak trees in
order to maintain the heritage and character of the city and to preserve its beauty and
identity.
1/28/2003 TRP 2003-0026 8700 Sierra Vista.PC-SR.doc
ITEM NUMBER: 6
DATE: 02/04/02
Exhibit C: Tree Protection Plan
Tree Removal - TRP 2003-0026
Pg.02/Brazeal's Tree Consulting 01/10/03
Oak Tree Impact Report/ Example
OBSERVATION:
This site was previously developed and the information provided to me was that the
house had burned which explains the current condition of this site.
There is an existing drive and graded areas where the previous house existed.
This parcel has many oak trees and only a few will be impacted by the proposed
development.
One large blue oak tree # 18 is in very poor condition and is proposed to be removed.
Most of the remaining trees on this site are in fair to good condition
Exhibit C: Tree Protection Plan
1/28/2003 TRP 2003-0026 8700 Sierra Vista.PC-SR.doc
ITEM NUMBER:
DATE: 02/04/02
Tree Removal - TRP 2003-0026
Pg. 03/13razeals Tree Consulting 01/10/03
Todd/ Sierra Vista/ Atas.
TREE INVENTORY:
1. 22" diameter California coast live oak tree. This tree is in poor condition.
To be saved. Impacted by utility trenching and site development.
Mitigation: Install a tree protection fence as shown on the site plans and follow
the recommendations listed in this report.
2. 16"diameter blue oak tree. The condition of this tree is fair. To be saved.
Impacted by utility trenching and site development.
Mitigation: Install a tree protection fence as shown on the site plans and follow
the recommendations listed in this report.
3. 10" diameter blue oak tree. The condition of this tree is rated as good. To be
saved. Impacted by the leech field installation and site development.
Mitigation: Install a tree protection fence as shown on the site plans and follow t
he recommendations fisted in this report.
4. 14 " diameter blue oak tree. The condition of this tree is rated as good. To be
saved. Impacted by the leech field installation and site development.
Mitigation: Install a tree protection fence as shown on the site plans and follow
the recommendations fisted in this report.
5. 16 " diameter blue oak tree. The condition of this tree is rated as good. To be
saved. Impacted by the leech field installation and site development.
Mitigation: Install a tree protection fence as shown on the site plans and follow
the recommendations fisted in this report.
6. 10" Diameter blue oak tree. The condition of this tree is rated as good. To be
saved. Impacted by the leech field installation and site development.
Mitigation: Install a tree protection fence as shown on the site plans and follow
the recommendations listed in this report.
7. 8" diameter blue oak tree. The condition of this tree is rated as good. To be saved.
Impacted by the leech field installation and site development.
Mitigation: Install a tree protection fence as shown on the site plans and follow
the recommendations listed in this report.
Exhibit C: Tree Protection Plan
1/28/2003 TRP 2003-0026 8700 Sierra Vista.PC-SR.doc
ITEM NUMBER:
DATE: 02/04/02
Tree Removal - TRP 2003-0026
Pg. 04/Brazeals Tree Consulting 01/10/03
Todd/ Sierra Vista/ Atas.
8.. 16" diameter blue oak tree. The condition of this tree is rated as good. To be saved.
Impacted by the leech field installation and site development.
Mitigation: Install a tree protection fence as shown on the site plans and follow
the recommendations listed in this report.
9.. 7" diameter blue oak tree. The condition of this tree is rated as good. To be
saved. Impacted by the leech field installation and site development.
Mitigation: Install a tree protection fence as shown on the site plans and follow
the recommendations listed in this report.
10.. 10" diameter blue oak tree. The condition of this tree is rated as good. To be
saved. Impacted by the leech field installation and site development.
Mitigation: Install a tree protection fence as shown on the site plans and follow
the recommendations listed in this report.
11.. 7" diameter blue oak tree. The condition of this tree is rated as good. To be saved.
Impacted by the leech field installation and site development.
Mitigation: Install a tree protection fence as shown on the site plans and follow
the recommendations listed in this report.
12.. 11" diameter blue oak tree. The condition of this tree is rated as good. To be
saved. Impacted by the leech field installation and site development.
Mitigation: Install a tree protection fence as shown on the site plans and follow
the recommendations listed in this report.
13.. 10 " diameter blue oak tree. The condition of this tree is rated as good. To be
saved. Impacted by the leech field installation and site development.
Mitigation: Install a tree protection fence as shown on the site plans and follow
the recommendations listed in this report.
14.. 18" diameter blue oak tree. The condition of this tree is rated as good. To be
saved. Impacted by the leech field installation and site development.
Mitigation: Install a tree protection fence as shown on the site plans and follow
the recommendations listed in this report.
15.. 16" diameter blue oak tree. The condition of this tree is rated as good. To be
saved. Impacted by the leech field installation and site development.
Mitigation: Install a tree protection fence as shown on the site plans and follow
the recommendations listed in this report.
Exhibit Q Tree Protection Plan
1/28/2003 TRP 2003-0026 8700 Sierra Vista.PC-SR.doc
ITEM NUMBER:
DATE: 02/04/02
Tree Removal - TRP 2003-0026
Pg. 05Brazeals Tree Consulting 01/10/03
Todd/ Sierra Vista/ Atas.
16. 14 " diameter blue oak tree. The condition of this tree is rated as good. To be
saved. Impacted by the leech field installation and site development.
Mitigation: Install a tree protection fence as shown on the site plans and follow
the recommendations listed in this report.
IT. 18" diameter blue oak tree. The condition of this tree is rated as good. To be
saved. Impacted by the leech field installation and site development.
Mitigation: Install a tree protection fence as shown on the site plans and follow
the recommendations listed in this report.
18. 30" diameter blue oak tree . This tree is a very poor condition and is proposed to
be removed.
19. 18" diameter California coast live oak tree. This tree is fair condition. To be
saved. Impacted by the site development.
Mitigation: Install a tree protection fence as shown on the site plans and follow
the recommendations listed in this report.
20. 16 " diameter California coast live oak tree. This tree is good condition. To be
saved. Impacted by the site development.
Mitigation: Install a tree protection fence as shown on the site plans and follow
the recommendations listed in this report.
21. 20", 18 " diameter California coast live oak tree. This tree is good condition. To
be saved. Impacted by the site development.
Mitigation: Install a tree protection fence as shown on the site plans and follow
the recommendations listed in this report.
1/28/2003 TRP 2003-0026 8700 Sierra Vista.PC-SR.doc
ITEM NUMBER: 6
DATE: 02/04/02
Exhibit C: Tree Protection Plan
Tree Removal - TRP 2003-0026
Pg. 06113razeals Tree Consulting 01/10/03
Todd/ Sierra Vista/ Atas.
RECOMMENDATIONS
1. Follow all the guidelines for tree protection and tree preservation listed in the tree
inventory section of this report.
2. Tree protection fencing shall meet or exceed city requirements.
3. All tree protection fencing shall be installed before the commencement of any
construction work, i.e., grading, filling, cutting, trenching, storage of materials,
equipment or any other type of work or activity that may have an adverse effect
on existing trees that are to be retained. All tree protection fencing is to remain in
place until the development has final approval.
4. When the development requires cut or fill that may have a significant impact on
existing trees, more sensitive measures may be required for tree protection
measures that may be needed to insure tree protection.
5. Trees that are severely impacted may require a detail showing the tree protection
measures prior to approval.
6. No fill or grading shall create a basin around existing trees that would cause
ponding of water (domestic or natural).
7. When development by grading creates a basin that may cause ponding of water,
drainage mitigation will be required.
8. No toxic chemical is to be dumped or spilled within the dripline of any existing
trees or dumped/spilled in an area where it may leach into the root zone area of
any existing tree.
9. These recommendations are to be applied where applicable or required and should
be adequate for tree preservation.
p
A�
A
Jack Brazeal RCA k 377
Registered Consulting Arborist °rraa�ut`tD$ r/
1/28/2003 TRP 2003-0026 8700 Sierra Vista.PC-SR.doc
ITEM NUMBER: 6
DATE: 02/04/02
Exhibit C: Tree Protection Plan
Tree Removal - TRP 2003-0026
Pg. 07/13razeals Tree Consulting Jan. 10, 2003
Todd/ Sierra Vista/ Atas.
Trees # I & 2
8700 Sierra Vista Road
Atascadero, California
Exhibit C: Tree Protection Plan
1/28/2003 TRP 2003-0026 8700 Sierra Vista.PC-SR.doc
ITEM NUMBER:
DATE: 02/04/02
Tree Removal - TRP 2003-0026
Pg. 08/13razcals Tree Consulting Jan. 10, 2003
Todd/ Sierra Vista/ Atas.
Trees # 3, 4 & 5
8700 Sierra Vista Road
Atascadero, California
Exhibit Q Tree Protection Plan
1/28/2003 TRP 2003-0026 8700 Sierra Vista.PC-SR.doc
ITEM NUMBER:
DATE: 02/04/02
Tree Removal - TRP 2003-0026
Pg. 09Brazeals Tree Consulting Jan. 10, 2003
Todd/ Sierra Vista/ Atas.
Trees # 6, 7 & 8
8700 Sierra Vista Road
Atascadero, California
1/28/2003 TRP 2003-0026 8700 Sierra Vista.PC-SR.doc
ITEM NUMBER:
DATE: 02/04/02
Exhibit C: Tree Protection Plan
Tree Removal - TRP 2003-0026
Pg. l OBrazeals Tree Consulting Jan. 10, 2003
Todd/ Sierra Vista/ Atas.
Trees # 9& 10
8700 Sierra Vista Road
Atascadero, California
Exhibit C: Tree Protection Plan
1/28/2003 TRP 2003-0026 8700 Sierra Vista.PC-SR.doc
ITEM NUMBER:
DATE: 02/04/02
Tree Removal - TRP 2003-0026
Pg. 1 IBrazeals Tree Consulting Jan. 10, 2003
Todd/ Sierra Vista/ Atas.
Trees # 11, 12 & 13
8700 Sierra Vista Road
Atascadero, California
Exhibit Q Tree Protection Plan
1/28/2003 TRP 2003-0026 8700 Sierra Vista.PC-SR.doc
ITEM NUMBER:
DATE: 02/04/02
Tree Removal - TRP 2003-0026
Exhibit C: Tree Protection Plan
1/28/2003 TRP 2003-0026 8700 Sierra Vista.PC-SR.doc
ITEM NUMBER:
DATE: 02/04/02
Tree Removal - TRP 2003-0026
Pg. 13/Brazeals Tree Consulting Jan. 10, 2003
Todd/ Sierra Vista/ Atas.
Trees # 17
8700 Sierra Vista Road
Atascadero, California
Exhibit Q Tree Protection Plan
1/28/2003 TRP 2003-0026 8700 Sierra Vista.PC-SR.doc
ITEM NUMBER:
DATE: 02/04/02
Tree Removal - TRP 2003-0026
Pg. 14/Brazcals Tree Consulting Jan. 10, 2003
Todd/ Sierra Vista/ Atas.
Trees # 18
8700 Sierra Vista Road
Ataseadero, California
I Exhibit C: Tree Protection Plan
1/28/2003 TRP 2003-0026 8700 Sierra Vista.PC-SR.doc
ITEM NUMBER:
DATE: 02/04/02
Tree Removal - TRP 2003-0026
Pg. 15Brazeals Tree Consulting Jan. 10, 2003
Todd/ Sierra Vista/ Atas.
Trees # 19
8700 Sierra Vista Road
Atascadero, California
1/28/2003 TRP 2003-0026 8700 Sierra Vista.PC-SR.doc
ITEM NUMBER: 6
DATE: 02/04/02
Exhibit C: Tree Protection Plan
Tree Removal - TRP 2003-0026
Pg. 16/Brazeals Tree Consulting Jan. 10, 2003
Todd/ Sierra Vista/ Atas.
Tree # 20
8700 Sierra Vista Road
Atascadero, California
Exhibit Q Tree Protection Plan
1/28/2003 TRP 2003-0026 8700 Sierra Vista.PC-SR.doc
ITEM NUMBER:
DATE: 02/04/02
Tree Removal - TRP 2003-0026
Pg. 17/Brazeals Tree Consulting Jan. 10. '00
Todd/ Sierra Vista/ Atas.
Tree # 21
8700 Sierra Vista Road
Atascadero, California
I Exhibit Q Tree Protection Plan
1/28/2003 TRP 2003-0026 8700 Sierra Vista.PC-SR.doc
ITEM NUMBER:
DATE: 02/04/02
Tree Removal - TRP 2003-0026
1/28/2003 TRP 2003-0026 8700 Sierra Vista.PC-SR.doc
ITEM NUMBER: 6
DATE: 02/04/02
Tree Removal - TRP 2003-0026
Pg. 19Brazeals Tree Consulting Jan. 10, 2003
Todd/ Sierra Vista/ Atas.
v
1a13\
• vt �
0 C y
3 rte_ �.$• �� z
``� _ -ate � _ =_ ; , .. , . •, /
Site Plan
8700 Sierra Vista Road
Atascadero, California
1/28/2003 TRP 2003-0026 8700 Sierra Vista.PC-SR.doc
ITEM NUMBER: 2
DRAFT DATE: 02/04/03
CITY OFATASCADERO
PLANNING COMMISSION MINUTES
Regular Meeting
January 21, 2003 — 7:00 P.M.
CALL TO ORDER
Chairperson Bentz called the meeting to order at 7:00 p.m. and Vice Chairperson Fonzi led the
Pledge of Allegiance.
ROLL CALL
Present: Commissioners Eddings, Jones, Kelley, Porter, Fonzi and Chairperson Bentz
Absent: None
Staff: Community Development Director Warren Frace, City Engineer Steve Kahn,
Associate Planner Glenn Rider, Planning Services Manager Steve McHarris, City
Attorney Roy Hanley and Recording Secretary Grace Pucci.
PUBLIC COMMENT
Joan O'Keefe, 9985 Old Morro Road East, referred to two questions she had posed at the last
Commission meeting and stated that she had never received an answer to either one. She hoped
this was an oversight and asked to have her questions answered in the future. Mrs. O'Keefe also
commented on an article in the Atascadero News last week regarding the Commission's decision
on the 3F Meadows project. She felt there were inaccuracies in the article and felt the paper
should correct the mistakes. Additionally, Mrs. O'Keefe referred to a question asked by
Chairperson Bentz to Dean Coker regarding release of information as requested by the Planning
Department, and felt the staff should have been asked the same question.
Chairperson Bentz closed the Public Comment period.
COMMUNITY DEVELOPMENT STAFF REPORTS
Chairman Bentz asked for Commission agreement to move Item #1, the presentation on the
Brown Act, to the end of the agenda. There was Commission consensus to do so.
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON JANUARY 7, 2003.
MOTION: By Commissioner Kelley and seconded by Commissioner Eddings to approve the
Consent Calendar.
AYES: Commissioners Kelley, Eddings, Jones, Porter and Chairperson Bentz
NOES: None
ABSTAIN: Vice Chairperson Fonzi
Motion passed 5:0 by a roll -call vote.
2. APPROVAL OF RESOLUTION 2003-0002 TO DENY CONDITIONAL USE
PERMIT 2002-0055 TO ESTABLISHMENT OF A BED AND BREAKFAST AT
7129 SAN GREGORIO RD.
Community Development Director Warren Frace explained that the Resolution of Denial is
being brought back for the Commission's approval.
MOTION: By Commissioner Jones and seconded by Commissioner Eddings to deny the
Conditional Use Permit application 2002-0055 with the findings as set forth in the
staff report and approving Resolution 2003-0002.
AYES: Commissioners Jones, Eddings, Kelley, Porter and Chairperson Bentz
NOES: None
ABSTAIN: Vice Chairperson Fonzi
Motion passed 5:0 by a roll -call vote.
PUBLIC HEARINGS
Chairman Bentz announced that Public Hearing Item #3 would be continued to an unspecified
date.
3. 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
4. CONDITIONAL USE PERMIT 2001-0043:
Applicant:
(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
Project
changes would be within the existing 15.25 -acre development. The project is located on the
Description:
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
Proposed
environment from approval of this project. The proposed Mitigated Negative Declaration is
Environmental
available for public review at 6500 Palma Avenue, Community Development Department,
Determination
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
Room 104, from 8:00 a.m. to 5:00 p.m., Monday through Friday
4. 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
(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
landscaping on a 1.5 -acre vacant lot of record. The proposed project will require grading
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
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 2003-0008 approving Conditional Use Permit
2001-0043 subject to findings and conditions of approval.
Recommendation
Associate Planner Glenn Rider provided the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Michael Frederick, applicant, answered several questions raised by the Commission and
expressed his concern regarding Condition of Approval #13 requiring the installation of a fire
hydrant.
Director Frace responded to Mr. Frederick's concern by stating that the condition came from the
Fire Department, which did not want to be forced to lay a fire hose across El Camino Real in the
event of a fire, an action that would result in shutting down the entire street.
Mr. Frederick answered questions of the Commission.
Joe Elkins, architect, 370 Wilhoit, Templeton, further discussed the applicant's concern
regarding Condition of Approval #13. Mr. Elkins answered questions of the Commission.
Patty Jones, 1295 Nacimiento Lake Drive, Paso Robles, stated she owns Stow -It Mini Storage
and their occupancy is down 20% and has been for over a year. She said a new 35,000 square
foot facility is going in right next to hers.
Steve Gray indicated he manages the Downtown Mini Storage at 9200 El Camino Real, and was
in agreement with the previous speaker. His facility is approaching the 20% vacancy rate and
the new facility next to Ms. Jones has not even opened yet. He felt it would be tough to fill all
his units with another facility in town.
Chairperson Bentz closed the Public Comment period.
Commissioner Kelley felt that because the entire facility has sprinklers and there is a hydrant
directly across the street, the installation of a fire hydrant by the applicant is not necessary. He
felt the applicant has met his requirements for fire prevention on the project without the addition
of the hydrant.
Commissioner Eddings supported Commissioner Kelley's remarks and stated he did not feel a
dumpster is appropriate for the site because it will be constantly full from renter's trash and
would end up being a problem for the applicant.
Chairperson Bentz inquired of staff if the Uniform Fire Code requires the hydrant. Director
Frace stated that the Uniform Fire Code applies to the spacing of hydrants, and the Commission
would not have the flexibility of deviating from that, however this hydrant does not pose a
spacing issue but rather to assist in fighting a fire. For this reason, the Commission would have
some discretion on that.
MOTION: By Commissioner Kelley and seconded by Commissioner Eddings to adopt
Planning Commission Resolution 2003-0008, the Commercial Center Conditional
Use Permit 2001-0043, an application to construct a mini- storage facility
consisting of 30,250 square -feet of storage building, a 2,450 square -feet and 1,550
square -foot commercial office building, parking lot, utilities, and landscaping on
one vacant lot of record in the Commercial park zoning district with the
elimination of Condition of Approval No. 13 regarding the fire hydrant.
Vice Chairperson Fonzi expressed her concern that though she supports the applicant's right to
build the facility, she wonders if it will sit vacant and become blighted given that the other mini -
storage facilities in the area are underutilized.
Commissioner Eddings reiterated his position that he does not feel it is the Commission's job to
regulate enterprise, the market place will decide who stays and who goes.
Commissioner Jones stated he has a problem with the fire hydrant issue. He would like
clarification on the safety issue and would like to hear the reasons behind the condition before he
would vote on it.
MOTION: By Commissioner Kelley and seconded by Commissioner Eddings to adopt
Planning Commission Resolution 2003-0008, the Commercial Center Conditional
Use Permit 2001-0043, an application to construct a mini -storage facility
consisting of 30,250 square -feet of storage building, a 2,450 square -feet and 1,550
square -feet commercial office building, parking lot, utilities, and landscaping on
one vacant lot of record in the Commercial park zoning district with the
elimination of Condition of Approval No. 13 regarding the fire hydrant.
AYES: Commissioners Kelley, Eddings, Porter and Chairperson Bentz
NOES: Commissioners Jones and Fonzi
ABSTAIN: None
Motion passed 4:2 by a roll -call vote.
5. (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
Chairperson Bentz announced that Commissioner Jones would be stepping down from
consideration of this item.
Associate Planner Glenn Rider provided the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Ken Wilson, Wilson Land Surveys, applicant's representative, stated that Condition No. 7 should
be removed, as it does not apply according to the ordinance. Mr. Wilson stated that this is a
good project that will improve this area of Traffic Way. He indicated that there is an opportunity
for the applicant to pick up some property from the railroad at the north end of the project and
questioned whether in the CC&R's that area could be either excluded or as an option used for
future development.
Community Development Director Frace stated that staff is aware of the applicant's interest in
expanding the industrial park by acquiring additional land from the railroad. At this point this
has not been applied for and is not an active permit, therefore staff recommends removing it
from the map; the applicant can file another map in the future, amend the CC&R's and add
whatever additional lease spaces would be created at that time.
Chairperson Bentz closed the Public Comment period.
MOTION: By Vice Chairperson Fonzi and seconded by Commissioner Porter to adopt
Resolution No. PC 2003-0011 certifying the Proposed Mitigated Negative
Declaration and approving Tentative Tract Map 2002-0022, a request to create 13
condominiums suites across three lots of record based on exhibits, findings and
subject to conditions with the removal of Condition No. 7 and removal of the
lease site from the map.
AYES: Commissioners Fonzi, Porter, Kelley, Eddings and Chairperson Bentz
NOES: None
ABSTAIN: Commissioner Jones
Motion passed 5:0 by a roll -call vote.
6. 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
CHANGE 2000-0008, MASTER PLAN OF DEVELOPMENT (CUP 2000-0024),
VESTING TENTATIVE TRACT MAP 2001-0011
Project Location:
6340 Atascadero Avenue, Atascadero, CA 93422
(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
Planning Services Manager Steve McHarris provided the staff report and answered questions of
the Commission.
Commissioner Kelley stated for the record that he is for affordable and inclusionary housing. He
expressed concern regarding the amount of money the applicant will invest in the deed restricted
unit versus what she will be permitted to sell it for, in addition to which she has not received a
density bonus. City Attorney Hanley explained the process for setting a price for the deed -
restricted unit. Commissioner Kelley also felt that 10 years was too long a period of time for the
deed restriction.
PUBLIC COMMENT
Douglas Sholders, 6805 Los Gatos Road, applicant's representative, gave a brief history of the
project and explained the decorative features of the site. Mr. Sholders asked if there is a size
requirement for the affordable deed restricted unit. He stated that he would prefer to not have a
deed -restricted unit on the property, however he does not wish to jeopardize the project by not
providing one.
Director Frace explained there were no size limitations, but the sales price will be based on the
family size, which is calculated by the number of bedrooms in the unit.
Joan O'Keefe, 9985 Old Morro Road East, thanked staff for the detailed presentation on the tree
protection for this site. She is glad affordable housing is being addressed in this project; this is a
positive move and will start the process for future developments. Mrs. O'Keefe stated that she
sees trees in decline in projects completed four to five years ago because of intrusion into the
drip line. She feels it is time to consider bonding for areas where there is a possibility that trees
may not survive.
Chairperson Bentz closed the Public Comment period.
There was Commission discussion regarding the time limit on the deed -restricted unit.
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.
Planning Services Manager Steve McHarris provided the staff report and answered questions of
the Commission.
Commissioner Kelley stated for the record that he is for affordable and inclusionary housing. He
expressed concern regarding the amount of money the applicant will invest in the deed restricted
unit versus what she will be permitted to sell it for, in addition to which she has not received a
density bonus. City Attorney Hanley explained the process for setting a price for the deed -
restricted unit. Commissioner Kelley also felt that 10 years was too long a period of time for the
deed restriction.
PUBLIC COMMENT
Douglas Sholders, 6805 Los Gatos Road, applicant's representative, gave a brief history of the
project and explained the decorative features of the site. Mr. Sholders asked if there is a size
requirement for the affordable deed restricted unit. He stated that he would prefer to not have a
deed -restricted unit on the property, however he does not wish to jeopardize the project by not
providing one.
Director Frace explained there were no size limitations, but the sales price will be based on the
family size, which is calculated by the number of bedrooms in the unit.
Joan O'Keefe, 9985 Old Morro Road East, thanked staff for the detailed presentation on the tree
protection for this site. She is glad affordable housing is being addressed in this project; this is a
positive move and will start the process for future developments. Mrs. O'Keefe stated that she
sees trees in decline in projects completed four to five years ago because of intrusion into the
drip line. She feels it is time to consider bonding for areas where there is a possibility that trees
may not survive.
Chairperson Bentz closed the Public Comment period.
There was Commission discussion regarding the time limit on the deed -restricted unit.
MOTION: By Commissioner Jones to adopt Resolution No. PC 2003-0003 recommending
that the City Council certify Proposed Mitigated Negative Declaration 2002-0049,
and 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 the findings set forth in the staff report, and 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 as set forth in the staff report, and 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 and within that, the deed -restricted unit be
for 10 years.
Motion failed for lack of a second.
MOTION: By Commissioner Kelley and seconded by Vice Chairperson Fonzi to adopt
Resolution No. PC 2003-0003 recommending that the City Council certify
Proposed Mitigated Negative Declaration 2002-0049, and 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 the findings set forth in
the staff report, and 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 as
set forth in the staff report, and 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, and adjusting Item No. 15 to read five years for the deed -restriction.
There was further Commission discussion regarding the time limit for the deed -restricted unit.
Points made included:
1. This is the first step toward moderate income housing in the City and therefore the
Commission shouldn't be shortchanging its life.
2. The issue of providing moderate -income housing is premature and there are no guidelines in
place to follow.
3. The ten-year limit would be the best option if it was enforceable, but due to housing turnover
within the City, monitoring will be difficult.
4. The ten-year limit may be the best, as it would allow for more than one family to take
advantage of the deed restriction.
5. There is no structure to the program at this time and the issue of who will benefit from the
equity is unclear.
Chairperson Bentz reopened the Public Comment period.
Ann Quinn, 7200 Toro Creek Road, suggested that equity would be accrued to the owner of the
deed -restricted unit, as a greater percentage of their income will not be needed for housing and
can go into savings.
Chairperson Bentz closed the Public Comment period.
A seven-year time limit was suggested as a compromise and the maker of the Motion and the
second agreed to the change.
MOTION: By Commissioner Kelley and seconded by Vice Chairperson Fonzi to adopt
Resolution No. PC 2003-0003 recommending that the City Council certify
Proposed Mitigated Negative Declaration 2002-0049, and 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 the findings set forth in
the staff report, and 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 as
set forth in the staff report, and 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, and adjusting Item No. 15 to read seven years for the deed -
restriction.
AYES: Commissioners Kelley, Fonzi, Porter, Eddings, Jones and Chairperson Bentz
NOES: None
ABSTAIN: None
Motion passed 6:0 by a roll -call vote.
COMMISSIONER COMMENTS & REPORTS
7. 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 (317 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
Vice Chairperson Fonzi stepped down from consideration of this item, as she was not present at
the last Commission meeting. Commissioner Kelley also stepped down from consideration of
this item as he had done so at the last Commission meeting.
Chairperson Bentz read into the record the letter he had received from Castlerock Development
and which is included in the staff report on page 272. He asked Commissioner Jones to clarify
his Motion from the January 7, 2003 meeting.
Commissioner Jones explained why he made the Motion. He felt what the applicant said in his
presentation made sense, that it was their belief and understanding that the Master Plan that had
originally been adopted complied with the EIR and that any of the issues relating to exact
placement of things could be done at the staff level. Commissioner Jones stated that his Motion
put it squarely back at the Planning Department level using the language in the draft Resolution
that essentially said that because the original lot line adjustment had been approved and the City
Council certified the final EIR report, the lot line adjustment map was in conformance with the
lot line adjustment map and that the Master Plan of Development essentially complies with that.
Chairperson Bentz asked if there were any member of the Commission that did not understand
the Motion to be in that frame.
Commissioner Porter stated that upon seconding the Motion, he too felt that the Master Plan was
consistent with the EIR and it was being directed back to staff.
Commissioner Eddings agreed with Commissioner Porter and Jones.
Chairperson Bentz stated that he thought at the last meeting the Commission was wrestling with
the staff report that indicated that they were having a problem determining what was the Master
Plan of Development and that there were two options in that report, Appendix B and Appendix A
dated 11/14/02. He was thinking when he made his vote that this would allow the Community
Development Director to decide whether or not he could issue the letter, and he was not
intending to make a recommendation to the City Council.
There was Commission consensus that their recommendation did not change.
Community Development Director Frace asked if the recommendation was that the 11/14/02
plan is consistent and that it is the plan recommended for the Director to adopt. There was
Commission consensus that this was the recommendation.
8. BROWN ACT TRAINING
THE CITY ATTORNEY WILL BRIEF THE COMMISSION ON THE BROWN
ACT REQUIREMENTS FOR OPEN MEETINGS.
City Attorney Roy Hanley made a PowerPoint presentation on the Brown Act (Exhibit A), and
answered questions of the Commission.
COMMUNITY DEVELOPMENT STAFF REPORTS:
Community Development Director Frace reported on a Smart Growth Conference hosted by San
Luis Obispo County. All Commissioners are encouraged to attend and should contact Mr. Frace
or Annette Manier in the Community Development Department if interested.
ADJOURNMENT
Chairperson Bentz adjourned the meeting at 9:44 p.m. to the next regularly scheduled meeting on
February 4, 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 — City Attorney Roy Hanley, PowerPoint presentation on Brown Act