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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 11 F�7j 7°26E 211.01 (E) 6' CRAIN UNK FENCE (E) 6' WOOD FENCE N57°20'E 67.67 Ia i >s F° I oq� x (E) e' FE 7°20'E 25.0 tI 1 I (Zi�, I f i Planning Commission Resolution 2003-0016 February 4, 2003 Page 7 of 7 EXHIBIT C: Floor Plan CUP 2002-0087 D r ---7 L Y J-�p v 0� I I BORM 1: Zr1S f e � COVERED PORCH v eo�l 13 O H KITCHEN neem +rrlT E[nYa Fff�l e7 K r/ • r r UVIkG RM r r Ivdv ` G r s Ili•,I i � 1f + GARAGE / 7ra.xa / / rrcEuwp �� "----------`----- COVERED PATIO / FAG wu C—T-Aw TMVMLr nnla�e Twui r ---7 L Y J-�p v 0� I I BORM 1: Zr1S f e � COVERED PORCH v eo�l 13 O H KITCHEN neem +rrlT E[nYa Fff�l e7 K r/ • r r UVIkG RM r r Ivdv ` G r s Ili•,I i � 1f + GARAGE / 7ra.xa / / rrcEuwp �� "----------`----- Planning Commission Resolution 2003-0016 February 4, 2003 Page 8 of 7 EXHIBIT D: Elevations CUP 2002-0081 n WEST ELEVATION ur • rQ tAJI tLtVAIIUN , i 1. !•C ItQ ,� J 0 n WEST ELEVATION ur • rQ tAJI tLtVAIIUN 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 rzo� FLT GATE. AM AT ,oF9'312a3L LE4A1.eTll,ge u.P1111o1fi:� �uPNkv n e MsTY.1�Tlod n Demo Apartment/ Garage New Duplex Building Demo single- family residence AT �cRdWs�WNV r� r� •„,T �4 I a g¢, rtT+aNSR Phase II Site Plan rKo�IF�T G.p.�� A,�ci> 59.g5,i2�fi El. tNA�tfo REN- hvN oL93oFAT ,aF93120.4 1'Fl,AI- t�71i,DLK eA, PM wiLL+ Demo K -Jon's commercial building Addition to new commercial building .€vi5T4 sa!x CH�udIYR u}k) �x1hT4 �yG CH�NPi��i) tiv e.F Aph R I I i 55 Retain I I k I Existing K- Sf4Rb� I5=% w' GIO Jon's rac4u' y t Qd41 5.F 7oiM- u / MF�P fr fG€ WHt— Enlarge k - Existing 4 Driveway i, }},I 7oTAL New Commercial I Building cKnp y%Y `'Z ` � L Fr Enlarge t�,yr existing �x1hT4 �yG CH�NPi��i) tiv e.F ITEM NUMBER: 4 DATE: 2-4-03 ' Aph R i 55 Retain k Existing K- Sf4Rb� I5=% w' r Jon's rac4u' y t Qd41 5.F 7oiM- W, Enlarge - Existing 4 Driveway ITEM NUMBER: 4 DATE: 2-4-03 ' Retain Existing K- r Jon's Building Enlarge - Existing l °�k :` ��# Driveway New Commercial I Building P�hhL ` � L Fr Enlarge existing I S driveway 1 Abandon existing U driveway New Parking & Landscape Lf 9 Improvements a Agreements w/ adjacent property owner required 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 I 'lllF'.,'I VIE 4 ITEM NUMBER: 4 DATE: 2-4-03 veWA F,v ILLb T 2 Q 7P C +�if a r � SM — qi,-11 7� 1 •— I� � tl�i� x o� 6� C � t 5 .Gp� 41 T-1 VIN rrmr it + ^ ro Ilk Al Y34.4o' t+ -i rxYiitt{uP r� �A�� }7t1b1'thl4 FCit4VE 6 ll -•-- s -L GAMtNo RY.a,4- --�- - �, pncw.arunaouc*iUon � �J2G9 rl"�t'(� N�N ATA".xAMKl�, GA -15+ZZ �N - Ni1„1 52G � GAMY o Kr -AI- n4fH15 #c b T?4'8 ITEM NUMBER: 4 DATE: 2-4-03 EXHIBIT D: Floor Plan CUP 2002-0075 , ^ r a i v � 4 _ 11 '• n ^ v 2 i aa^ I � I 1 II I (r�uwKe .txt�Nslor!) I I II II P N C..w�.Eo'•:aoo��:lo� � ��s EXHIBIT E: Preliminary Grading, Drainage & Utility Plan CUP 2002-0075 7 ITEM NUMBER: 4 DATE: 2-4-03 71 f ------------- f\ i �' Pt 131.00' r a^�^ n.c.�e�,u1He�,'rcY• '�S � � --o I '� i_"�_.�'- � I , C8 I S. �� I a J •ti�Y�vtfJk ,TCP � _ a,�.- � � O —�I 3� I i7 � v � 14i ai ---e �.�J alrrcror'tTPaeN�•�, 9H.00' 25.00' � "13.00' �f-L 6W1No e4VTS uI}b. �N49"i- '"W 201 AO w.b.l,.'w,••.�-„l, I'I� LIM (WAbINA PLAN h nwcwnoruwe � oeelaw � ��T���— � vIANHIXO•vwOpUCTIOx �� jp torr a,x urs •A TVp1 ITEM NUMBER: 4 DATE: 2-4-03 EXHIBIT G: Sign Program CUP 2002-0075 µ109T M WRri Mrurr rrr nr Tenant Sign Loc• lo' ¢i A fPC MNfKX14 4V Y44 L .tz' I Baum r I.Ir-n 1— �, twlK ,wW . TM Zc4K'- 6rtrr Pt k plc YY,&,t4- . 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. :.,.f 15 i ttsl' a n 6' 6bL1 C ? t .ae' 'j�• --a.Ot WAY—... 1} M �j a � 1 ii MA-I?Tl:, b(:LE MM ARCH�TECTDRE•D88iCN ILANNinO • PRDDDCTIDN /�I`y1�/� G`y,E'CI yy�^I IC. •JG% I I ,i J r ,C G+V • � tTiz QS pw•��FjI•`•� t�•R{•• � �� ,aH, .�.HH Imo, AjA"�'AYh�Kd� �A 9'•"x•22 ��* ...,,�.,,,, �z�� �� GAMtNd fz�Al- t l•1�b1� �a� • •f24+s 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 y i Anownmuxe•o.eiaN � 1//��U` - 11C�r 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 - '• j' i' - � :: `. 1 �,�� • � • ham• � � 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