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HomeMy WebLinkAboutPC_2003-05-20_AgendaPacketCITY OFATASCADERO PLANNING COMMISSION AGENDA Regular Meeting May 20, 2003 — 7:00 P.M. City of Atascadero 6500 Palma Ave. — 4th Floor, - Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Fonzi Vice Chairperson Kelley Commissioner Bentz Commissioner Beraud Commissioner Jones Commissioner O'Keefe Commissioner Porter APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda) CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non -controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions) 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON MAY 6, 2003. 2. TIME EXTENSION (TEX 2003-0009) REQUEST FOR LOT LINE ADJUSTMENT 2000-0001: 9123 SAN RAFAEL ROAD, WORTHAN/STEWART. 3. TIME EXTENSION (TEX 2003-0008) REQUEST FOR TENTATIVE TRACT MAP 25-89: 5808 CAPISTRANO AVENUE, HOTEL PARK GROUP/GLEN LEWIS. COMMUNITY DEVELOPMENT STAFF REPORTS 4. TREE REMOVAL PERMIT 2003-0036: 2135 SAN FERNANDO RD. Request to remove sixty-two (62) native oak trees, ten of which are in excess of 24 "Ah, in conjunction with the development of an 4, 000 square foot new single-family home located at 2135 San Fernando Rd. (APN 049-281-012) Staff recommends: The Planning Commission make finding #5 that the project cannot be reasonably redesigned to avoid the need to remove 62 native oak trees and adopt Resolution PC 2003-0056 to approve the request to remove the sixty-two native oak trees subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance, and subject to project conditions. PUBLIC HEARINGS (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name and address for the record and can address the Commission for five minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 5. ZONE CHANGE 2002-0034, CONDITIONAL USE PERMIT 2002-0078, TENTATIVE TRACT MAP 2002-0024. Applicant: Rancho De Paraiso LLC, 6250 San Gabriel Road, Atascadero, CA 93422 Project Title: Zone Change 2002-0034 / Tentative Tract Map 2002-0024 / Conditional Use Permit 2002-0078: A Two -Lot Planned Development Subdivision Project Location: 6205 San Gabriel Road, Atascadero, CA 93422 (San Luis Obispo County) APN 054-192-001 & 054-111-051, portion of 054- 181-006. Project The project is a proposed Planned Development subdivision of an existing vacant Description: 8.12 -acre legal lot of record into two parcels of 1.09 and 7.03 acres each. The Planned Development overlay zone would allow one parcel to exist below the minimum lot size in order to correct a physical lot division by a public roadway and provide an environmentally superior building site. General Plan Designation: Residential Estates (RE) Zoning District: Residential Suburban (RS) 2.5-10 acre minimum lot size based 6. TPM 2003-0037: 3955 MONTEREY RD Applicant: on performance standards. Proposed Based on the initial study prepared for the project, a Mitigated Negative Environmental Declaration is proposed. The proposed Mitigated Negative Declaration is Determination available for public review from 4/23/03 through 5/20/03 at 6500 Palma Avenue, Project Community Development Department, Room 104, from 8:00 a.m. to 5:00 p.m., Description: Monday through Friday. Staff The Planning Commission adopt Resolution No. PC 2003-0052-55, certifying the Recommendation proposed environmental determination, and approving Zone Change 2002-0034, Tentative Tract Map 2002-0024, and Conditional Use Permit 2003-0078, a request to subdivide one 8.12 -acre parcel into two parcels of 1.09 and 7.03 acres each with a Planned Development Overlay and within the Residential Suburban zone, based on findings and subject to conditions. 6. TPM 2003-0037: 3955 MONTEREY RD Applicant: John Kuden, PO Box 3605, San Luis Obispo, CA 93403 805-541-6257 Project Title: Tentative Parcel Map 2003-0037 Project Location: 3955 Monterey Rd, Atascadero, CA 93422, San Luis Obispo County APN 049-221-049 Project A proposed subdivision of an existing 3.85 -acre lot into two individual parcels of Description: 1.67 and 2.18 gross acres. The site is currently developed with a single-family residence which will be confined to one lot to allow the new lot to be developed with a new single-family residence. The parcels are slight to moderately sloped and contain several native oak trees. The newly created parcel averages slopes of 16%. The property will be served by City sewer and water is available from Atascadero Mutual Water Company. General Plan Designation: Single Family Residential (SFR). Zoning District: Residential Single Famil -Z (RSF-Z) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration Environmental is proposed. The proposed Mitigated Negative Declaration is available for public Determination review from 4/22/03 through 5/11/03 at 6500 Palma Avenue, Community Development Department, Room 104, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Staff The Planning Commission adopt Resolution PC 2003-0048, certifying the proposed Recommendation Mitigated Negative Declaration 2003-0014 and approving Tentative Parcel Map 2003-0037, a request to subdivide one lot totaling 3.85 acres into two parcels of 1.67 and 2.18 -acres gross, based on findings and subject to conditions. COMMISSIONER COMMENTS & REPORTS ADJOURNMENT The next regular meeting of the Planning Commission will be June 3, 2003 at City Hall in the 4rh 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. 11CityhaIIkCDvlpmntl— PC AgendaslPC 20031PC Agenda. 05-20-03.am.doc City ofAtascadero WELCOME TO THE ATASCADER0 PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7: 00 p.m., in the Rotunda of City Hall. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall business hours at the Permit Center counter and on our website; http://www.atascadero.org/. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department 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 information2.doc ITEM NUMBER: 1 DRAFT DATE: 5/20/03 CITY OFATASCADERO PLANNING COMMISSION MINUTES Regular Meeting May 6, 2003 — 7:00 P.M. CALL TO ORDER Chairperson Fonzi called the meeting to order at 7:00 p.m. and Commissioner Jones led the Pledge of Allegiance. ROLL CALL Present: Commissioners Beraud, Jones, O'Keefe, Porter, Kelley and Chairperson Fonzi Absent: Commissioner Bentz Staff: Community Development Director Warren Frace, Planning Services Manager Steve McHarris, Assistant Planner Kelly Davis and Recording Secretary Grace Pucci. APPROVAL OF AGENDA There was Commission consensus to approve the agenda. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON APRIL 15, 2003. MOTION: By Commissioner Jones and seconded by Vice Chairperson Kelley to approve the Minutes of the Regular Planning Commission Meeting on April 15, 2003. AYES: Commissioners Jones, Beraud, Porter, O'Keefe, Kelley and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 2. TREE REMOVAL PERMIT 2003-0049:8380 ALTA VISTA AVE. Request to remove thirteen (13) native oak trees, one of which is in excess of 24 "dbh, in conjunction with the development of an 3,485 square foot new single-family home located at 8380 Alta Vista Ave. (APN 031-114-002) Staff recommends: The Planning Commission adopt Resolution PC 2003-0049 to approve the request to remove thirteen (13) native oak trees subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance. Assistant Planner Kelly Davis provided the staff report and answered questions of the Commission. PUBLIC COMMENT Jim Reninger, applicant, stated the main reason for requesting removal of the trees was to get the driveway in and create better off street parking. Mr. Reninger answered questions of the Commission. Eric Greening indicated that the primary impact to trees on the property is from the driveway rather than the house. He questioned if alternative configurations for the driveway had been explored, as a finding is required that the project cannot be reasonably designed to avoid the impacts. Jim Reninger reiterated that the driveway is needed for off street parking and that all the homes on Alta Vista have garages that face the street and similar driveways. Mr. Reninger answered additional questions of the Commission. Chairperson Fonzi closed the Public Comment period. Commissioner O'Keefe referred to Mr. Greening's question on a possible redesign of the driveway and stated that a finding must be made with regard to tree removal that the driveway could not be redesigned. She indicated that there was no information in the record that this issue had been discussed with the applicant. MOTION: By Vice Chairperson Kelley and seconded by Commissioner Jones to adopt Resolution PC 2003-0049 to approve the request to remove thirteen (13) native oak trees subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance. AYES: Commissioners Jones, Beraud, Porter, O'Keefe, Kelley and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. PUBLIC HEARINGS 3. CONDITIONAL USE PERMIT 2003-0091: RESIDENTIAL SECOND UNIT AT 8875 CARMELITA AVE Applicant: Sean and Claudia Galbreath Project Title: CUP 2003-0091 Project Location: 8875 Carmelita Avenue, Atascadero, CA 93422 (San Luis Obispo County); APN 031-281-030 Project The proposed project, Conditional Use Permit (CUP 2003-0091), is a request to establish a Description: residential second unit at 8875 Carmelita Ave, consistent with the performance standards set forth in the General Plan and Zoning Ordinance. Proposed CEQA Exemption by Statute Section 15303. The project will have no significant effect on Environmental the environment. Determination Staff The Planning Commission adopt Resolution No. PC 2003-0047, certifying the proposed environmental determination, and approving Conditional Use Permit 2003-0091, a request to Recommendation establish a residential second unit within the Residential Single Family -Y zone, based on findings and subject to conditions. Assistant Planner Kelly Davis provided the staff report and answered questions of the Commission. PUBLIC COMMENT Sean Galbreath, 8875 Carmelita Avenue, applicant, answered questions of the Commission. Chairperson Fond closed the Public Comment period. Vice Chairperson Kelley discussed Condition of Approval No. 13 and felt that because this was a single-family residence by itself that meets all the necessary setbacks required by the City, it is inappropriate to ask for landscaping. He expressed concern that the condition called for trees to be on the south and east side where all the utilities will run and felt it is a poor decision to plant trees along sewer and utility lines. Vice Chairperson Kelley requested the Commission omit that part of the condition. Commissioner O'Keefe asked staff why this condition was included. Assistant Planner Davis stated that in a single-family neighborhood with units pushed toward the back where yard space is generally private, staff felt that screening would be a good option. Commissioner Beraud inquired if the applicant were in agreement with the condition. Sean Galbreath, applicant, stated that he would prefer planting smaller more shrub type plants. He intends to have solid fencing around the property, which would serve as privacy screening. He is not agreeable to planting substantial trees over his sewer line. Commissioner Jones felt Condition of Approval No. 13 could be modified and still provide screening. He suggested leaving some form of screening language in Condition 13 but delete the tree requirement. MOTION: By Vice Chairperson Kelley and seconded by Commissioner Porter to adopt Resolution No. PC 2003-0047, to approve Conditional Use Permit 2003-0091, to establish a residential second unit at 8875 Carmelita Avenue in the RSF-Y zone, subject to the findings, conditions and exhibits as attached, and modifying Condition of Approval No. 13 to read that trees be planted at 20 foot on center from the southeast corner for 120 feet in both directions to provide blockage of the house to neighbors. AYES: Commissioners Porter, Jones, Beraud, Kelley and Chairperson Fonzi NOES: Commissioner O'Keefe ABSTAIN: None Motion passed 5:1 by a roll call vote. COMMISSIONER COMMENTS & REPORTS Vice Chairperson Kelley asked if telephone numbers of applicants could be included in Commission packets. Community Development Director Frace stated that staff would include phone numbers in the future. Commissioner Beraud inquired if there was such a thing as an unbuildable lot. Director Frace indicated that there are certain lots determined to be unbuildable based on conditions that prohibit compliance with building code regulations, i.e. setbacks from blue line creeks for septic systems, driveway slopes, etc. Chairperson Fonzi asked when the report on the Sombrilla property would be before the Commission. Director Frace said the City Engineer is looking at the corrections on the project and it should be back to the Commission in the next 30 days. Director Frace reminded the Commission of the special study session on affordable housing issues tomorrow night at 7:00 p.m. Vice Chairperson Kelley asked for an update on the Dove Creek project. Director Frace indicated that staff has been working with the new property owners on a revised project description. The project application was formally submitted two weeks ago and there should be a joint study session of the City Council and Planning Commission for the project before the application is finalized. Commissioner Beraud inquired when the Woodland Project would be brought before the Commission. Director Frace stated there was not an exact timeline yet and reviewed the status of the project. He indicated that the affordable housing issue was key on this project and it will not go through the process until there are parameters set by the City Council on how affordable housing will be dealt with. ADJOURNMENT Chairperson Fonzi adjourned the meeting at 7:38 p.m. to the next regularly scheduled meeting of the Planning Commission on May 20, 2003. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary \\Cityhall\CDvlpmnt\— PC Minutes\PC Minutes 03\PC Minutes. 05-6-03.gp.doe ITEM NUMBER: 2 DATE: 05-20-03 Planning Commission Staff Report Time Extension #2003-0009 For Lot Line Adjustment #2000-0001 (A Request for Extension of Entitlement) 9123 San Rafael Road- Worthan Family Trust/Stewart SUBJECT: Consideration of a one-year time extension for an approved Lot Line Adjustment # 2000-0001. RECOMMENDATION: Staff recommends: The Planning Commission adopt Resolution PC 2003-0050, thereby approving a one-year extension of LLA #2000-0001 in compliance with Section 9-2.118 of the Zoning Ordinance. SITUATION AND FACTS: 1. Applicant: Ed Worthan, 9123 San Rafael Road, Atascadero, CA 93422 Linda Kenyon, P.O. Box 6598, Atascadero, CA 93423 2. Representative: Dan Stewart P.O. Box 2038, Paso Robles, CA 93447 3. Project Address: 9123 San Rafael Road APN 056-162-017, 018, 019, 020, and 021 4. General Plan Designation: Single Family Residential (SFR) 5. Zoning District: Single Family Residential -Y (SFR -Y) 6. Site Area: 10.19 Acres. 8. Environmental Status: Categorical Exemption Class 5, CEQA Section 15305 DISCUSSION: BACKGROUND: On April 14, 2000 the Community Development Director approved a request by the applicant to adjust the lot lines between 6 legal parcels. No additional building entitlements or new lots were created. Some of the parcels involved in the adjustment were smaller than the medium density single-family zone minimum lot size of 1 gross acre. The application adjusted all lot lines resulting in all the lots meeting the minimum lot size. On March 21, 2002 a time extension was administratively approved by the Community Development Director, extending the expiration of LLA 2000-0001 to August 17, 2003 per Section 9-2.118 of the Zoning Ordinance based on the following findings: (1) That substantial site work could not be completed as set forth in Section 9-2.114 because of circumstances beyond control of the applicant; and (2) There have been no changes to the provisions of the General Plan or zoning regulations applicable to the project since the approval of the entitlement; and (3) There have been no changes in the character of the site or its surroundings, which affect how the standards of the General Plan or zoning regulations apply to the project. On April 2, 2003 the applicant requested an additional one-year time extension in writing as required by Section 9-2.118(b) of the Zoning Ordinance. In order to approve the request, the Planning Commission would have to make all of the above findings. ANALYSIS: Only building and zoning standards must be met: The City's subdivision regulations set certain standards for lot line adjustments. However, the State Subdivision Map Act (Section 66412(d) of the California Government Code) takes precedence over any local California jurisdiction's subdivision regulations, and that act states that lot line adjustments may be reviewed for compliance with building and zoning codes only. If they meet those codes or can be conditioned to meet them (or come as close as possible to meeting them), then they must be approved. Therefore, any specific standards in the City's subdivision regulations that do not relate to building or zoning are not applicable. As noted below, the lot line adjustment is consistent with zoning and building codes. The lot line adjustment is consistent with the General Plan and Zoning Regulations: The site is designated Medium Density Single Family on the General Plan Land Use Map, and is presently zoned Single Family Residential -Y (SFR -Y). The minimum lot size is one acre in this zoning district. The lot line adjustment adjusted the lot lines between six lots some of which are less than one acre in size. All of the new resulting lots will be one acre or larger. No building code issues. No construction is proposed as a part of this lot line adjustment. Building codes will be required to be met through the permit application process for any future construction. CONCLUSION Staff recommends that the Planning Commission make appropriate findings and adopt Resolution PC 2003-0050, thereby approving a one-year time extension in compliance with Section 9-2.118 of the City's Zoning Ordinance. ALTERNATIVES 1. The Planning Commission could deny the requested time extension if it feels the required findings cannot be made. The Commission should include the finding(s) for denial in the motion. 2. The Planning Commission can condition the project to make the required findings. 3. The Commission may continue this item to a later date if additional information is needed. PREPARED BY: Glenn Rider, Associate Planner ATTACHMENTS Attachment 1 - Draft Resolution of Approval Exhibit A -Location Map Exhibit B -Tentative Lot Line Adjustment Map ATTACHMENT DRAFT RESOLUTION OF APPROVAL TEX 2003-0009/LLA 2000-0001 9123 San Rafael Road DRAFT RESOLUTION PC 2003-0050 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A ONE-YEAR TIME EXTENSION OF AN APPROVED LOT LINE ADJUSTMENT AT 9123 San Rafael Road (TEX 2003-0009 for LLA 2000-0001) WHEREAS, Ed Worthan, Linda Kenyon have requested an extension of entitlement for a Lot Line Adjustment at 9123 San Rafael Road; and WHEREAS, the Community Development Director approved the Lot Line Adjustment between six lots of record on April 14, 2000; and WHEREAS, the Community Development Director administratively approved a one-year time extension on March 21, 2002, consistent with Section 9-2.118 of the Atascadero Zoning Ordinance, extending the time limit to August 17, 2003; and WHEREAS; the Planning Commission considered a written request from the applicant for an additional one-year time extension at a meeting held May 20, 2003; NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1: Findingspproval of time extension: 1. Substantial site work could not be completed as set forth in Section 9-2.114 of the Zoning Regulations because of circumstances beyond control of the applicant, specifically because the applicant has not yet succeeded in raising sufficient funds to complete the project, in spite of diligent efforts. 2. There have been no changes to the provisions of the General Plan or zoning regulations applicable to the project since the approval of the use permit. 3. There have been no changes in the character of the site or its surroundings, which affect how the standards of the General Plan or zoning regulations apply to the project. SECTION 2: Time extension approval. The Planning Commission does hereby approve TEX 2003- 0009, a one-year time extension of LLA 2000-0001, to expire on August 17, 2004. On motion by and seconded by , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CA David Bentz, Chairperson ATTEST: Warren Frace Planning Commission Secretary Project Site: 000 000 9123 San 0 Rafael Road EXHIBIT A Vicinity Map TEX 2003-0009/LLA 2000-0001 EXHIBIT B Lot Line Adjustment Map ATAL 99-289 TEX 2003-0009/LLA 2000-0001 ITEM NUMBER: 3 DATE: 5-20-03 Planning Commission Staff Report Consent Item Time Extension 2003-0008 Vesting Tentative Tract Map #25-89 (5805 Capistrano Avenue, Hotel Park Group) SUBJECT: Consideration of a one-year time extension for approved Vesting Tentative Tract Map #25-89. RECOMMENDATION: Staff Recommends: Adopt Resolution PC 2003-0051, thereby approving a second Planning Commission approved one-year time extension of Tentative Tract Map #25-89 in compliance with Sections 11-4.23(a) and 11-4.33(b) of the Subdivision Ordinance. DISCUSSION: The Subdivision Map Act mandates an initial two-year life and, by local ordinance, the city can extend that initial life up to an additional 12 months. Additionally, the city may extend the time at which the map expires for a period cr periods not to exceed a total of 5 years. These are discretionary extensions. The application for the extension must be filed prior to the expiration date. The Planning Commission has discretion on whether they want to extend the map, or they can defer the decision to the City Council. BACKGROUND: Tentative Tract Map #25-89 was originally approved by the City Council on March 13, 1990. The approval consisted of the subdivision of one parcel into four lots and the creation of eighty-one commercial condominium units. Phase 1 of the Tract Map was recorded in February 1991. ITEM NUMBER: 3 DATE: 5-20-03 Tentative Tract Map #25-89 received an initial life of 2 years granted with the tentative map approval. The applicant was later granted two additional one-year time extensions in accordance with Section 11-4.23 of the Subdivision Ordinance and California Government Code §66452.6(e), one 3 -year time extension in accordance with California Government Code §66452.6, which allows a three year time extension if the cost of the off-site improvements exceed $125,000, and two legislative extensions totaling 3 years granted in 1993 and 1996. Additionally, the applicant was approved a one year time extension on March 21, 2000 bringing the expiration date up to March 13, 2001. On February 20, 2002 the applicant requested a one-year time extension for the completion of the Tentative Tract Map. According to Section 11-4.23(a) of the City's Subdivision Ordinance the Planning Commission may extend the time for filing the final tract map for a period or periods not to exceed a total of five (5) years. This time extension would be the last one-year time extension that a City can grant to extend the entitlement of a tentative map. (California Government Code §66452.6(e)) The tentative map was approved as a vesting map. The approval of a vesting tentative map confers a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards if effect at the time the tentative map was approved. Either the project description, nor the ordinances, policies, or standards in effect at the time the project was approved have changed; therefore the project is still in conformance with the original tentative map approval. Section 9-4.33 of the Subdivision Ordinance states that a permit approval, extension or entitlement (for vesting tentative maps) may be made conditional or denied if any of the following are determined: 1. A failure to do so would place the residents of the subdivision or the immediate community, or both in a condition dangerous to their health or safety, or both. 2. The condition or denial is required, in order to comply with state or federal law. The subdivision is substantially developed and the completion of the project would promote one of the main policies of the Subdivision Map Act, which is to ensure the orderly development of the neighborhood. The approval of the time extension and the completion of the project would not place the residents of the subdivision or the community in a condition to their health or safety, and the project, as conditioned is in conformance with state and federal laws. Therefore, staff recommends that the Planning Commission approve the one-year time extension. ITEM NUMBER: 3 DATE: 5-20-03 CONCLUSION Tentative Tract Map #25-89 is a phased map that is subject to an additional level of time - extensions, not available to a typical tentative map. The basic allotment of time -extensions for a tentative map is five one-year extensions. The Subdivision Map Act has a provision written in it that allows the life of a tentative map that is subject to construct, improve, or finance the construction of public improvements of $125,000 or more, to be extended an additional three years (not to exceed 10 years). This provision is in addition to the five one-year extensions provided by the Map Act and the City's Subdivision Ordinance. This provision is necessary for larger scale projects that require additional time and money to complete the necessary improvements. The current time extension is the last one-year time extension available to the project. The map will not be eligible for one more time extension requests, the final expiration date to March 13, 2004. ALTERNATIVES The Planning Commission could deny the requested time extension. The motion to deny must include a finding for denial The Planning Commission should then state the specific findings used for disapproval. PREPARED BY: Glenn Rider, Associate Planner ATTACHMENTS: Attachment A Planning Commission Resolution No. 2002-0025 Exhibit A Approved Tentative Map Exhibit 13- Extension Request Letter ITEM NUMBER: 3 DATE: 5-20-03 Attachment A: Draft Resolution of approval Time Extension Request for TTM 89-25 Capistrano Avenue DRAFT RESOLUTION NO. PC 2002-0025 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A ONE-YEAR TIME EXTENSION OF AN APPROVED VESTING TENTATIVE TRACT MAP (TTM #25-89, 5805 Capistrano Avenue, Hotel Park Group) WHEREAS, The Hotel Park Group, proposes a commercial development of the subdivision of one parcel into four lots and the creation of eighty-one commercial condominium units; and WHEREAS, the City Council approved A Tentative Tract Map on March 13, 1990; and WHEREAS, the City Council approved a one-year time extension on April 28, 1992 setting the expiration date to March 13, 1993; and WHEREAS, the City Council again approved a one-year time extension on April 27, 1993, setting the expiration date to March 13, 1994; and WHEREAS, the Subdivision Map Act was amended in 1993 to include §66452.11, which granted an additional two-year time extension to all tentative maps that had not expired as of September 13, 1993 revising the expiration date to March 13, 1996; and WHEREAS, the Planning Commission approved a three-year time extension in accordance with California Government Code §66452.6 for tentative maps required to construct, improve, or finance the construction of public improvements in excess of $125,000, on April 16, 1996, setting the expiration date to March 13, 1999; and WHEREAS, the Subdivision Map Act was again amended in 1996 to include §66452.13, which granted an additional one-year time extension to all tentative maps that had not expired as of May 14, 1996 revising the expiration date to March 13, 2000; and WHEREAS, the Planning Commission approved a one-year time extension on March 21, 2000, revising the expiration date to March 13, 2001; and ITEM NUMBER: 3 DATE: 5-20-03 WHEREAS; the Planning Commission considered the proposed one year time extension at a meeting held May 1, 2001, setting the expiration date to March 13, 2002. WHERAS; the Planning Commission considered a one year time extension at a meeting held February 20, 2002, setting the expiration date to March 13, 2003. NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1: Fes. The Planning Commission makes the following findings: 1. The approval of the time extension would not place the residents of the subdivision or the immediate community, or both in a condition dangerous to their health or safety, or both. 2. The approval of the time extension will not prohibit the project from complying with state or federal law. SECTION 2: TIME EXTENSION APPROVAL The Planning Commission does hereby approve a one-year time extension of TTM #25-89, to expire on March 13, 2004. ITEM NUMBER: 3 DATE: 5-20-03 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: ( ) :x••11 � CITY OF ATASCADERO, CA Roberta. Fonzi, Planning Commission Chair ATTEST: Warren M. Frace Planning Commission Secretary Exhibit A: Approved Tentative Map Time Extension Request for TTM 89-25 Capistrano Avenue ITEM NUMBER: 3 DATE: 5-20-03 \iSIt411•/!J Exhibit B: TIME EXTENSION REQUEST LETTER Time Extension Request for TTM 89-25 Capistrano Avenue HOTEL PARK Business'&` Professional Cei PO. ISax 1980 Atascadem. CA 9:1423 (805)466-6644 Februuv 20, 2002 City of AUscadeto Community Development Dgwtmcm 6300 Palma Room 104-A Atascadero, CA 93422 RE EXTENSION OF VESTED MAP FOR TRACT It% ITEM NUMBER: 3 DATE: 5-20-03 CONVAPUtY OC, tioPtl&W Dear Representative. On behalf of i iotel Parr; Group and its owners of Tract 1858 (Hotel Park -Capistrano A%enue) a request is hereby made for a one (1) year extension on our vested reap for this tract We just finished with two ncw• buildings and plan on building more in the future I have enclosed a chile in the amount of S 110 ,X) for the requested extension which would be greatly appreciated GRI. jsf check enclosed cc Hotel Park Group Very trul ours, GLEN R. LEWIS Communi SUBJECT: ITEM NUMBER: 4 DATE: 5/20/03 Development Staff Report Tree Removal Permit TRP 2003-0036 (2135 San Fernando Rd: Phillips) Request to remove sixty-two (62) native oak trees, ten of which are over 24 -inches in diameter, in conjunction with the development of a 4,000 square -foot single-family home located at 2135 San Fernando Rd. RECOMMENDATION: Staff recommends: The Planning Commission make finding #5 that the project cannot be reasonably redesigned to avoid the need to remove 62 native oak trees and adopt Resolution PC 2003-0056 to approve the request to remove the sixty-two native oak trees subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance, and subject to project conditions. SITUATION AND FACTS: 1. Applicant: Dan and Susan Phillips, 6009 Conejo Rd, Atascadero, CA 93422. 2. Representative: Dan and Susan Phillips, 6009 Conejo Rd, Atascadero, CA 93422. Phone: (805) 466-2500 3. Certified Arborist: Steven G. Alvarez; Arbor Tree Surgery, 802 Paso Robles Street, Paso Robles, CA 93446. Phone: (805) 239-1239 3. Project Address: 2135 San Fernando Rd., Atascadero, CA 93422; APN 049-281-012 ANALYSIS: The applicant has proposed a 4,000+ square foot single-family residence on the project site. The project site is comprised of steep slopes between 13 and 50 percent with a steep bank along the San Fernando Rd frontage. The driveway as proposed crosses a natural drainage swale. The majority of the parcel contains steep slopes and heavy concentrations of oak trees. The area proposed for the building site is located adjacent to the highest ridge. The proposed septic system has been located adjacent to the driveway in an area with minimal trees to avoid additional tree removals. Grading for the proposed driveway and residence site will result in the majority of the proposed tree removals. The project is currently under staff review through the City's Precise Plan permit process. 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 is in the process of reviewing the recommendations, which will be incorporated into the site plan, landscape plan, and conditions of approval for the project once the plan is accepted as complete. The arborist's report findings conclude that the native oak trees to be removed are restricted to within the building site and driveway location in addition to graded areas necessary for the proposed improvements. In addition, the arborist has recommended the use of tree wells for trees that will be significantly impacted by cut and fill amounts within the dripline. At present, staff is requesting that the Planning Commission make finding #5 or refer the project back to staff. At this time the Planning Commission may either approve the requested tree removals which would allow the application process to continue with the current building and driveway proposal, or the Commission may direct the applicant to explore alternative site designs with justifications for the chosen solution. Staff has requested that the applicant submit alternative designs to lessen the tree impacts. This request has been brought to Planning Commission in the early stages of review. The Planning Commission may wish to direct the applicant to consider specific site alternatives, including the use of retaining along the driveway design to minimize native tree impacts caused by grading and/or reconfiguration of the site. Mitigation for the proposed tree removals is outlined in the attached tree mitigation table (Attachment 3, Exhibit B). FINDINGS: Pursuant to the Tree Ordinance (Ordinance No. 214), "decisions on native tree removals of 24 -inch dbh size or larger shall be made by the Planning Commission." In , onsidering any tree removal request, at least one of the following findings must be made: 1) The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist; 2) The tree is crowded by other healthier native trees, thinning (removal) would promote healthier growth in the trees to remain, as certified by a tree condition report from an Arborist; 3) The tree is interfering with existing utilities and/or structures, as certified by a report from the Site Planner; 4) The tree is inhibiting sunlight needed for existing and/or proposed active or passive solar heating or cooling, as certified by a report from the Site Planner; 5) The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the ollowing factors: • Early consultation with the City; • Consideration ofpractical design alternatives; • Provision of cost comparisons (from applicant) for practical design alternatives; • If saving tree eliminates all reasonable uses of the property; or • Ifsaving the tree requires the removal of more desirable trees. It is staffs opinion that finding #5 is most applicable to this request, if the Planning Commission believes that the proposed improvements can not be reasonably designed to avoid the need for the requested tree removal. Staff notes that no alternative site configurations have been produced by the applicant to date. ALTERNATIVES: 1. The Planning Commission can direct the applicant to consider modifications and alternative site configurations for the proposed project. CONCLUSION: The applicant has a submitted tree protection plan with findings from a Certified Arborist. The project as proposed requires the removal of 62 native oak trees. Staff is requesting that the Planning Commission provide direction to the applicant regarding site design alternatives. PREPARED BY: Kelly Davis, Assistant Planner 1710KITS) 1, 10lDieu16i Attachment 1: Location Map Attachment 2: Site Plan Attachment 3: Site Photos Exhibit A: Draft Resolution Exhibit B: Conditions of Approval/Tree Mitigation Table Exhibit C: Tree Protection Plan Attachment 1 Location Map 2135 San Fernando Rd. k IS / s / I r 1 .60 Attachment , Site Plan Proposed Residence ri 1 1 1 1 Location of natural swale OF, Attachment , Site Plan Proposed Residence ri 1 1 1 1 Location of natural swale eta' yr j.� Pl `A•,.�... .,r K .i vo t ��,� .;�? � it - ``yZ.,�i.• k'�_�,` .r .• �•.. 1 All - 0, f r' f • .1, � `. 4; t '7• , � � i y�� �.sK,�� tb,K, .:i:�` � . . Jor .'� y� ��' r i. •� ..'� '� ' is ,:',,: �'• • � , � i DRAFT RESOLUTION PC 2003-0056 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL OF SIXTY-TWO NATIVE OAK TREES LOCATED AT 2135 SAN FERNANDO RD. (TRP 2003-0036/PHILLIPS) WHEREAS, an application for a Tree Removal Permit has been received from, Dan and Susan Phillips, 6009 Conego Rd, Atascadero, CA 93422 to allow the removal of sixty-two native oak trees located at 2135 San Fernando Rd.; and, WHEREAS, the proposed project is located within the Rural Estate land use designation of the City of Atascadero's General Plan Land Use Diagram; and, WHEREAS, the proposed project is located in the Residential Suburban zoning district; and, WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on May 20, 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: The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: ■ Early consultation with the City; ■ Consideration of practical design alternatives; ■ Provision of cost comparisons (from applicant) for practical design alternatives; ■ If saving tree eliminates all reasonable uses of the property; or ■ If saving the tree requires the removal of more desirable trees. SECTION 2. Approval. The Planning Commission hereby approves Tree Removal Permit 2003-0036 subject to the following Conditions and Exhibits: Exhibit A: Conditions Of Approval Exhibit B: Tree Protection Plan Exhibit C: Site Plan On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA David Bentz Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit B: Conditions of Approval Tree Removal - TRP 2003-0036 Conditions of Approval Timing Responsibility Mitigation TRP 2002-0022 /Monitoring Measure PR: Prior to Removal BL: Business License PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy FD: Fire Department F0: Final Occupancy PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. The applicant shall pay $8,433.33 into the tree fund as FO PS mitigation for the tree removal as shown in the attached table. Should the number of necessary tree removals be decreased or increased through project alteration, the total fee shall be recalculated based on the requirements set forth in the Atascadero Native Tree Ordinance. Any additional removal request for trees in excess of 24" dbh will require Planning Commission approval. 2. No tree removals shall be allowed prior to the issuance BP PS of an approval letter. 3. The proposed driveway shall incorporate retaining walls PPN PS along the driveway to minimize native tree impacts. 4. All underground utilities shall be routed with the BP PS proposed driveway. 5. Native trees with greater than 40% dripline BP PS encroachment shall require a mitigation deposit consistent with fee requirements set forth in the Atascadero Native Tree Ordinance. Deposits shall be refunded once a certified arborist establishes a high chance of survivability for such impacted trees. 6. A Pre -construction meeting shall be required prior to BP PS building permit issuance. 7. Monitoring of construction activities by a certified arborist shall be required throughout the entirety of the project. 8. Prior to building permit final, a letter from the certified project arborist certifying construction activity in relation to on-site trees shall be required. Tree Mitiqation Table 1 Evergreen Native Trees (inches) Deciduous Native Trees (inches) Mitigation Requirement Tree Fund Payment: $ 7,466.67 Tree Fund Payment: $ 966.67 Totals 954 -inches Exhibit B: Tree Protection Plan dbh notes dbh notes 1 14 -inches 1 15 -inches 2 20 -inches 2 8 -inches 3 9 -inches 3 8 -inches 4 8 -inches 4 16 -inches 5 28 -inches 5 5 -inches 6 26 -inches 6 6 -inches 7 14 -inches 7 8 9 -inches 8 9 11 -inches 9 10 5 -inches 10 11 16 -inches 11 12 22 -inches 12 13 14 -inches 13 14 9 -inches 14 15 6 -inches 15 16 10 -inches 16 17 10 -inches 17 18 7 -inches 18 19 12 -inches 19 20 6 -inches 20 21 21 -inches 21 22 12 -inches 22 23 26 -inches 23 24 38 -inches 24 25 42 -inches 25 26 16 -inches 26 27 16 -inches 27 28 13 -inches 28 29 17 -inches 29 30 12 -inches 30 31 14 -inches 31 32 16 -inches 32 33 19 -inches 33 34 19 -inches 34 35 18 -inches 35 36 21 -inches 36 37 33 -inches 37 38 16 -inches 38 39 26 -inches 39 40 19 -inches 40 41 12 -inches 41 42 4 -inches 42 43 5 -inches 43 44 6 -inches 44 45 9 -inches 45 46 32 -inches 46 47 10 -inches 47 48 7 -inches 48 49 25 -inches 49 50 22 -inches 50 51 10 -inches 51 52 13 -inches 52 53 24 -inches 53 54 16 -inches 54 55 11 -inches 55 56 20 -inches 56 Total 896 -inches Total 58 -inches Mitigation Requirement Tree Fund Payment: $ 7,466.67 Tree Fund Payment: $ 966.67 Totals 954 -inches Exhibit B: Tree Protection Plan Tree Removal - TRP 2003-0036 J REGI- MAR i Date: 3-11-03 eoMMM To: Dan Phillips From: Steven Alvarez Cltip Tamagni Certified Arborists, Arbor Tree Surgery Re: Phillip's Residence, San Fernando Rd., Atascadero This tree protection plan is in regards to the proposed residence on San Fernando Road in Atascadero, California. The plans propose a driveway meandering through a young to semi -mature oak woodland to a flat area at the top of the property for the honk. Both the driveway and the home have areas that consist of cut and fill engineering to account for the slope. "there are approximately 106 native trees that are impacted by this project. Some trees have been flagged with red tape indicating removals and others with yellow tape indicating, trees to be saved. The plans have the trees numbered individually and they are highlighted in pink for removal and yellow for saved. The plans also have the propose fencing outlined in red ink. The following tree protection standards shall be in place and practiced for all mitigated trees: 1. Fencing: Must be a minimum of 4' high chain link, snow or safety fence stake at the drip -line or line of encroachment for each tree or group of trees. The fence must be up before any construction or earth moving begins. The fence placement should be inspected by the arborist(s) once it is erectLd. 2. Soil Aeration Methods: Soils under the drip -lines that has been compacted by heavy equipment and/or construction activities must be, returned to their original state before all work is completed. Methods include water jetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with a 24" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist(s)shall advise. 3. Chip Mulch: All areas within the drip -line of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction. 4. Trenching Within The Drip -line: All trenching under the drip -lines of native trees shall he hand dug, augured or bored. All major roots shall be avoided whenever possible. All exposed roots larger than I " in diameter shall be clean cut with a sharp pruning tools and not left ragged. Trenching will occur during sewer line construction and water line construction. 5. Grading Within The Drip -line: Grading should not encroach within the drip -line. If grading is necessary, construction of retaining walls or tree wells or other protection measures may be necessary to insure the survivability of the trees. Chip mulch 4-6" in depth may also he required in these areas. Grading should not disrupt the normal drainage pattern around the trees. bills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. 6. Exposed Roots: Any exposed roots shall be recovered the same; day they were exposed. 7. Paving Within The Drip -line: Pervious surfacing is preferred within the drip -lite: of any oak tree. 8. Vehicle and all heavy equipment shall not be driven under the trees as this will contribute to soil compaction. 9. Existing Surfaces: The existing ground surface within the drip -line of all oak trees shall not be cut, filled compacted or pared. *l?hc exception will be the trees needing tree wells (trees: 19, 21, 31, 61, 62, 63, 64, 80). 10. Constriction Materials And Waste: No liquid or solid construction waste shall be dumpc d on the ground within the drip -line of any oak tree. 11. Arborist Monitoring: An arborist shall be present for road and house grading, tree well constriction, ower line/water line trenching, pre -construction Ic cc placement. The monitoring does not necessarily have to be continuous but observational at times during the above activities. 12. Pre -Construction Meeting: An on-site pre -construction meeting with the Arborist(s), Owner. Planning Staff, and the earthy moving team shall be required for this project. Prior to final occupancy, a letter from the arborist(s) shall be required verifying the health/condition of all impacted trees and providing any recomr endations for any additional mitigation. The letter shall verify that the arborist(s) were on site for all grading and/or trenching activity that encroached into the drip -tine of the native trees, and that all work done in these; areas was completed to the: standards set forth above. lite included spreadsheet includes trees listed by number, species and multiple stems if applicable, diameter and breast height (4.5), condition, status (avoided, impacted, removed, exempt), mitigation required (fencing), construction impact, and individual tree notes. Number of trccs for removal is 59 with a total diameter of 905". Please let us know if we can be of any future assistance to you for this project. Steven G. Alvarez Certified Arborist #0511 Chip Tamagni Certified Arborist #6436-A Tree # Species Diameter in inches Condition Status A -I -R -E Rem-Mit Required Const. Impact Notes 1 LO 21 Good I F Road 2 LO x 2 15 Good I F Road 3 LO 14 Good R Road 4 WO 15 Good R Road 5 LO x 2 20 Ave R Road 6 To on x 2 8 Good R Road 7 LO 9 Good R Road 8 LO 8 Poor R Road 9 LO x 3 11 Good I F Road 10 LO 9 Fair I F Road 11 To on 8 Poor R Road 12 LO 28 Good R Road 13 LO 36 Fair I F Fill 14 LO 26 Fair R Road 15 LO x 3 14 Poor R Road 16 To on x 5 16 Good R Road 17 LO x 3 40 Good I F Road 18 LO 12 Good 1 F Road 19 LO 28 Good I F Road Tree Well Needed 20 Oak 5 Poor R Road 21 LO x 3 21 Fair I F Road Tree Well Needed 22 LO 9 Poor R Road 23 LO 11 Poor R Road 24 LO 5 Poor R Road 25 LO x 2 16 Poor R Road 26 LO x 3 22 Poor I F Road Hazard Tree 27 LO 9 Poor 1 F Road 28 LO x 2 22 Ave R Road 29 LO x 2 13 Poor I F Road 30 LO x 2 14 Poor R Road 31 LO x 2 37 Fair I F Road Tree Well Needed 32 LO 9 Fair R Road 33 LO 6 Fair R Road 34 LO 10 Fair R Road 35 LO 10 Fair R Road 36 LO 7 Fair R Road 37 LO 12 Dead R Road 38 LO 6 Poor R Road 39 LO 21 Good R Road 40 LO 12 Good R Road 41 LO 28 Fair I F Road Bad Cavity on West Side 42 LO x 3 26 Fair R Road 43 LO 26 Fair I F Road 44 LO x 3 33 Fair I F I Road 45 LO 16 Fair 1 F Road 46 LO x 2 20 Fair 1 F Road 47 LO x 4 26 Fair I F Road 48 LO x 2 22 Fair I F Se tic 49 LO x 2 19 Fair I F tic 50 LO x 3 17 Fair I F Septic 51 LO 4 Fair I F Road 52 LO 27 fair 1 F Road 53 LO x 3 24 Fair I F Road 54 LO x 3 38 Good R Road 55 LO x 2 13 Good I F Road 56 LO x 4 53 Good I F Road 57 LO x 6 29 Good I F Road 58 LO x 5 42 Good R Road 59 LO x 2 42 Good I F Road 60 LO x 3 30 Good I F Road 61 LO x 2 18 Good I F Road Tree Well Needed 62 LO x 2 12 Good I F Road Tree Well Needed 63 LO x 2 26 Good I F Road Tree Well Needed 64 LO x 3 27 Good I F Road Tree Well Needed 65 LO 16 Good R Road 66 LO 16 Good R Road 67 LO 13 Good R House 68 LO x 2 17 Good R House 69 LO 12 Good R House 70 LO x 2 18 Good I F House One Half Dead 71 LO 14 Good R House 72 LO 16 Good R House 73 LO 19 Good R House 74 LO 19 Poor R House 75 LO x 2 18 Poor R House 76 LO 21 Fair R House 77 LO x 2 33 Good R House 78 LO x 2 16 Fair R House 79 LO x 2 26 Good R Nouse 80 LO x 3 32 Good I F House Tree Well Needed 81 l.O x 2 19 Good I F House 82 LO x 2 16 Good I F House 83 LO x 3 15 Fair I F Cut Trees on Adjoining Prop 84 LO x 2 20 Poor I F Cut Trees on Adjoining Pro 85 LO x 3 21 Poor I F Cut Trues on Adjoining Pro 86 To on 6 Poor R Cut Hard lean 87 LO x 3 19 Poor R Cut 88 LO 12 Poor R Cut 89 LO 4 Poor R Cut 90 LO 5 Poor R Cut 91 LO 6 Poor R Cut 92 LO 9 Fair R House 93 LO 32 Fair R Cut 94 LO x 2 10 Poor R Cul 95 LO 7 Poor R Cul 96 LO x 3 25 Good R Cut 97 LO x 3 22 Fav R Cut 98 LO x 2 10 Poor R Cut 99 LO 13 Fair R Cut 100 LO x 3 24 Fair R Cut 101 LO x 2 22 Fair I F Cut 102 LO 16 Fair I F C►rt 103 LO x 3 16 Fair R Cut 104 LO 11 Fair R Cut 105 LO x 3 24 Fair I F Cut 106 LO 8 Fair I F Cut Exhibit C: Site Plan Tree Removal - TRP 2003-0036 Duel r fill 1 �lil►;�; Ott �i;�t ;f {�i! �Itiit { , t� ,o � 1 (tl�;, ;,t' , t i ii ��.{�;., .'�i �liit �� '•. Ili1� � � ��,�'{i t;ii�l{ I,1, z�itif s � ,�'1► t�� t�:l �1, i',,{ �i l�ij � �� ��� �� t�l; i%t��it e�{� , ii �C ITEM NUMBER: 5 DATE: 5/20/03 Planning Commission Staff Report Public Hearing Zone Change 2002-0030 Conditional Use Permit 2002-0078 Tentative Tract Map 2002-0024 6205 San Gabriel Road (Rancho De Paraiso, LLC. / Wilson Land Surveys -Russ Thompson Consulting) SUBJECT: A proposed Zone Change, Tentative Tract Map, and Conditional Use Permit that would allow a two -lot Planned Development subdivision. RECOMMENDATION: Staff Recommends.- 1. ecommends: 1. The Planning Commission adopt Resolution No. PC 2003-0055, recommending the City Council certify proposed Mitigated Negative Declaration 2003-0015 prepared for Zone Change 2002-0031, Tentative Tract Map 2002-0015; and Conditional Use Permit 2002- 0078, and, 2. The Planning Commission adopt Resolution No. PC 2003-0052, recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2002-0034; and amend the City's Zoning Map to add a PD 16 overlay district to the project area. 3. The Planning Commission adopt Resolution No. PC 2003-0053, approve the Conditional Use Permit 2002-0078, a Master Plan of Development for the project site consistent with PD -16; and, 4. The Planning Commission adopt Resolution No. PC 2003-0054 recommending the City Council approve Tentative Tract Map 2002-0024, a request to subdivide an 8.12 -acre parcel into two parcels; one at 1.09 acres, and one at 7.09 acres, all acreages gross, based on findings and subject to conditions. ITEM NUMBER: 5 DATE: 5/20/03 SITUATION AND FACTS: 1. Applicant: Rancho De Paraiso LLC, 6205 San Gabriel Road Atascadero, CA 93422 805-466-0932 2. Representative: Wilson Land Surveys/Russ Thompson Consulting, 7600 Morro Road, Atascadero, CA 93422 3. Project Address: 6205 San Gabriel Road, Atascadero, CA; APN's 054- 192-054-11-051, and a portion of 054-181-006 4. General Plan Designation: Residential Estates (RE) 5. Zoning District: Residential Suburban (RS) with a minimum lot size of 4.06 acres (gross) based on the performance standards calculation 6. Site Area: 8.12 Acres (gross) 7. Existing Use: Single Family Residences on large lots; rural open 8. Environmental Status: Proposed Mitigated Negative Declaration 2003-0015 posted April 25, 2003. Planned Development Background: Staff and the Planning Commission have reviewed several subdivision applications in the last few years that have resulted in irregular parcel configurations. The subdivision applications have met the lot size requirements of the underlying General Plan and zoning districts. However, in order to meet the minimum parcel size requirements, projects have been forced into lot designs with steep building sites, difficult access, driveway designs with excessive grading and tree removals, and irregular shaped lot configurations. In order to address this problem and provide for development that would protect the natural features of a site, the City Council adopted the Planned Development #16 Overlay District that allows clustering of residential development within the single-family zoning districts with no additional density, but with flexible minimum lot sizes to allow for environmentally superior projects and more orderly development. Planned Development Purpose: The Atascadero Municipal Code states that the purpose of the Planned Development Overlay Zone is to identify areas where development standards may differ from those established by the underlying zoning district. The deviations from the zoning standards ITEM NUMBER: 5 DATE: 5/20/03 are deemed necessary to promote orderly and harmonious development and to enhance the opportunity to best utilize special characteristics of an area. The proposed planned development #16 is re -usable, similar to the Planned Development Overlay 7 that is used for multi -family residential developments. The Planned Development consists of a Zone Change, to create a change in the zoning map in the form of an overlay, a Conditional Use Permit, which is a master plan of development that locks in the site design including building envelopes and open space, and either a Tentative Parcel Map or Tentative Tract Map to subdivide the parcels based on the minimum lot size. The planned development can be used on all subdivision applications within the Residential Suburban, Residential Single Family and Limited Single Family zoning districts. The proposed planned development will allow lot sizes that are smaller than what is allowed in the underlying zoning district, however the overall density of the site will be required to be consistent with the parcels' General Plan designation. The PD -16 provides a more flexible way to approach subdivision design. This will allow the location of building sites in appropriate areas and will not "force" building sites and driveways onto steep hillsides just to meet the minimum lot size requirements. Additionally, the proposed planned development would provide an open space or tree preservation easement. This will ensure that the rural character of the sites will be maintained. Planned Development Text: Chapter 9-3.660 Atascadero Municipal Code PD -16. The planned development is applicable in the RS, RSF, LSF Zoning Districts: (a) Purpose. The purpose of the district is to allow the creative clustering of residential parcels to preserve sensitive environmental features and provide open space by allowing lot sizes smaller than the underlying zone's minimum lot size requirements in the RS, RSF, LSF Zoning Districts. (b) Development Standards: (1) The maximum density shall not exceed that allowed by the underlying zoning district and General Plan designation. Individual lot sizes may be smaller provided the overall project density conforms to the specified maximum density. (i) Minimum individual lot sizes shall be at least one acre (gross) for parcels served by on- site septic systems and 0.5 acre (net) for lots served by the City's sewer system. (2) Lots shall utilize common access when feasible. (3) Open space easements shall be provided for each project. All open space easements shall be designated as non -build, non -storage areas on the Final Parcel / Tract Maps. (Septic systems are allowed to be located within the open space easements. (4) All building sites within the Planned Development shall be located on slopes under 20 percent. ITEM NUMBER: 5 DATE: 5/20/03 (5) Development on each parcel shall be designed to avoid native tree impacts, preserve the contours of the hills, protect prominent view sheds, maintain wildlife corridors and minimize impacts to significant drainage areas and blue -line creeks. (6) A Master Plan of Development shall be approved in conjunction with any Tentative Tract I Parcel Map application. All subdivision improvements and subsequent development shall be consistent with the Master Plan of Development. The Master Plan of Development shall contain the following: (i) A site plan indicating land use, common open space, circulation, lot sizes, slopes, native trees, building sites and common landscape features; (ii) A statistical summary of the project's land uses and densities; (iii) A statement of project features that will provide a public benefit; (iv) Any special development standards that will be required of future development; (v) Individual building plans and elevations are not required. DISCUSSION: Site description: The project is located on San Gabriel Road approximately 500 -feet west of the intersection with Santa Lucia Road. The project site is in a rural setting surrounded by single-family residences on large lots. The site is not currently developed, however an existing private driveway with a recorded ingress/egress easement for the benefit of interior parcels is located on parcel 2, which occurs on the west side of San Gabriel Road. The western portion of the project site contains portions of moderately sloped areas suitable for building sites and portions of moderate -to -steeply sloped hillsides unsuitable for development. The eastern half of the project site is flat and contains one 48 -inch native oak tree. The overall site setting contains clusters of native oak woodlands, and mixed native/non-native grasses. Background: The subject parcel is adjacent to "Rancho De Paraiso" a large Lot Line Adjustment that, because of it's size, was processed and recorded as a Tentative Tract Map. The original project created the access road, "Alta Pradera", that occurs on proposed parcel 2. Division of the parcel by San Gabriel Road was caused during the physical connection to Santa Lucia Road. The current physical location of San Gabriel Road is a result of realignment from where the original unbuilt road alignment was located. Several residences within Rancho De Paraiso tract are accessed via Alta Pradera the existing access road on the subject parcel. Proposed Zoning Map Amendment: The project would allow a 2 -lot subdivision resulting in a 7.03 -acre parcel and a 1.09 -acre parcel through the Planned Development #16 zoning map overlay, which is required to allow one lot to exist smaller than the minimum lot size requirements. Planned Development #16 would correct the physical lot division by San Gabriel Road while not exceeding the maximum density allowed by the underlying Residential Estates General Plan Land Use Designation and Residential Suburban Zoning District. ITEM NUMBER: 5 DATE: 5/20/03 ` Arm ' •' Proposed • pen • _ servation Easement ��\ \` ,r. 1\x..51, f �� I,� I Existing �S o , I P Access Road '� alf I f F� I I llN� IIS Proposed Open Space/Tree Proposed ;i,�;�� gee .`�a �\ Preservation 8/11r� e� ��ta q g \� Facmant Building /rir+irl�l Site Proposed Building Site Existing Open Space/Tree Preservation Easement 4 ZSI.>n• PD 16 Master Plan of Developm en t ITEM NUMBER: 5 DATE: 5/20/03 View From San Gabriel Road Looking At Proposed Parcel I View From San Gabriel Road Looking At Proposed Parcel 2- Easement area and Existing Driveway. Density: The minimum lot size has been calculated to be 4.06 gross acres based on performance criteria outlined in the Atascadero Municipal Code. The total gross acreage is 8.12. The minimum net acreage allowed by the Planned Development #16 is 1.0 acres. ITEM NUMBER: 5 DATE: 5/20/03 Minimum Lot Size Calculation Form Minimum Lot Size Criteria For the Residential Suburban Zone Address 6205 San Gabriel Road Lot Size Factors APN 054-192-001, 054-111-051 Lot Size 8.12 acres Contact Rancho 466-0932 0-8,000=.20, 8-10,000=.25 Distance 10-12,000 =.30, 12- 14,000=.40, from Center 14-16,000 = .50,16-18,000 =.60, of 18-20,000=.75, Community > 20,000 = .90 14-16 0.25 >20 min/inch=.50 Septic 20-39 min/inch=.75 Suitability 40-59 min/inch= 1.00 (perk rate) < 60 min/inch= 1.50 <60 1.5 0-10% =.5, 11-20% =.75, Average 21-25% = 1.0, 26-30% =1.25, Slope 31- 35% =1.75, 36-40% = 2.00 (assumed) 1.25 City accepted road =.40 Paved road less than 15% =.40 Paved road more than 15% =.50 All weather less than 15% = .75 All weather more than 15% = 1.00 Access Unimproved less than 15% = 1.25 Condition Unimproved more than 15% = 1.5 0. Average Lot Size Within 1500 Feet (acres) 3.2d X0.2 0.66 Minimum Lot Size= 4.058 The proposed Planned Development would allow no additional density beyond the two parcels allowed by the Zoning Ordinance. Planned Development Statistical Summary: The Tentative Tract Map requires the following statistical summary. Statistical Summary Table Parcel Size (gross acres) Parcel Size (net)(1.0 min.) % Slope: Building Site (under 20%) Open Space Area (acres) -Existing Open Space Area (acres) -Proposed Minimum Lot Size Total Site Area: Total Density allowed 7.03 acres 3.93 acres 20% 0.52 acres 1.85 acres 4.06 gross acres 2.73 acres 1.09 acres 20% 0 0 4.06 gross acres 8.12 acres 8.12/4.06=2 ITEM NUMBER: 5 DATE: 5/20/03 The proposed design would comply with the city's subdivision ordinance and the Subdivision Map Act, resulting in fewer environmental impacts to the site, correction of a physical division by a public roadway, and dedication of a 1.85 -acre open space and tree preservation easement. Open Space: In order to qualify for a Planned Development Overlay # 16 the project is required to meet all of the requirements outlined in the Atascadero Municipal Code. This includes a dedication of open space, `Open space easements shall be provided for each project. All open space easements shall be designated as non -build, non -storage areas on the Final Parcel / Tract Maps. (Septic systems are allowed within the open space easements) ". The applicant is offering a 1.82 -acre dedication of open space and tree preservation that is part of proposed parcel 2. The dedication area is near where the project fronts San Gabriel Road. The proposed easement would preserve an area visible from the public roadway keeping the open wooded character of the land from the public roadway. The open space/tree preservation was strategically chosen to connect an environmentally sensitive area (moderate -to -steeply sloped native oak woodland) creating a contiguous preservation area or wildlife corridor area with an existing open space easement. The original Planned Development #16 Ordinance allows septic systems within the open space easement area, however septic systems are not allowed to occur within native tree drip lines. Subsequently, staff has included a condition to this effect as part of the open space/tree preservation conditions. Staff is also recommending a non -build, non -storage open space/tree preservation easement for the drip line area around the 48 -inch oak on parcel 1 to insure future preservation of this native tree during development. STATISTICAL SUMMARY DESCRIPTION AREA % OF TOTAL PARCEL 1 ATAL 01-376 8.12 AC 100 PROPOSED PARCEL 1 7.03 AC 87 PROPOSED PARCEL 2 1.09 AC 13 EXISTING TREE CONSERVATION 0.52 AC 6 EXISTING ACCESS EASEMENT 0.73 AC 9 PROPOSED OPEN SPACE 1.36 AC 17 PROPOSED TREE CONSERVATION 0.49 AC 6 PROPOSED RESIDENTIAL USE 5.02 AC 62 NOTE: THERE ARE APPROXIMATELY 25 TO 30 WHITE OAKS AND 10 LIVE OAKS RANGING FROM 10" TO 24" IN DIAMETER FOUND IN THE ITEM NUMBER: 5 DATE: 5/20/03 Hillside area/oak woodland would be protected with an open -space easement Subdivision Design: The subdivision is a classified as a Tentative Tract Map due to the property being associated with a prior large lot line adjustment. The Subdivision Map Act indicates if the subject parcel has been part of a previous lot line adjustment or map that involved more than four parcels then any subsequent adjustments or maps must be classified as a Tentative Tract Map. The subdivision will allow the creation of one new parcel. The project does not constitute the subdivision of a deep lot. Subsequently, a flag lot is not required. All lots have building envelopes with slopes under 20 percent occurring outside of native tree drip lines. Percolation tests have been provided for the lots that indicate that the soil is suitable on each lot for on --site septic systems (average <60 minutes/inch). Atascadero Mutual Water Company will provide water to the new residences, and future utilities to the new lot will be required to be placed underground. The area designated for the offer of open space is part of lot 2 on the tentative tract map. Future uses of the ITEM NUMBER: 5 DATE: 5/20/03 area in the open space easement area will be limited. Future grading, construction, and/or native tree removal within the easement area will be prohibited. View From Existing Access Road Looking At The Building Site For Proposed Parcel 2 The subdivision is consistent with the General Plan and Zoning Ordinance. The General Plan and zoning maps designate the property for Residential Suburban uses. The subdivision is consistent with the proposed planned development -16 standards. The minimum lot size calculations require at least 4.06 acres per residence. The density is consistent with the Residential Suburban General Plan land use designation. The tract map is conditioned that the zone changes must be approved prior to final map recordation. Emergency Access: All lots will have access to San Gabriel Road; Parcel 1 via a 12 -foot wide driveway, and Parcel 2 via Alta Pradera which exists at city standard 20 -feet wide. The Fire Chief has reviewed the project and determined that no additional fire turnarounds or turnouts are required for the location of the single-family residence on proposed parcel 2. Adequate fire hydrants exist every 500 -feet as required by City Fire Department Standards for residential areas. Environmental Review: The Initial Study concluded that there would be no significant harm to the environment as a result of this subdivision, when mitigation measures are implemented. A proposed Mitigated Negative Declaration has been prepared for the project and will be certified with the adoption of the draft resolution of approval. ITEM NUMBER: 5 DATE: 5/20/03 CONCLUSIONS: The proposed planned development provides a flexible option for subdivision design that will minimize development impacts and correct a situation where a lot is divided by a public roadway. The subdivision will be consistent with the General Plan and the Zoning Ordinance with the planned development overlay approved and recorded. The project would add to the City's open space and tree preservation acreage. The parcel configurations are consistent with the Subdivision Ordinance requirements, and the size and shape of the proposed lots are consistent with the character of the immediate neighborhood. ALTERNATIVES: L The Commission may recommend the City Council approve the project subject to additional or revised project conditions. The Commission's motion to approve needs to include any new or revised project conditions. 2. The Commission may recommend denial of the project. The parcel would retain its designation of Residential Suburban. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. PREPARED BY: Glenn Rider, Associate Planner ATTACHMENTS: Attachment 1 -- Location Map (General Plan & Zoning) Attachment 2 -- Minimum Lot Size Calculation Attachment 3 -- Draft PC Resolution 2003-0055 Attachment 4 -- Draft PC Resolution 2003-0052 Attachment 5 -- Draft PC Resolution 2003-0053 Attachment 6 -- Draft PC Resolution 2003-0054 ITEM NUMBER: 5 DATE: 5/20/03 ATTACHMENT 1: Location Map (General Plan / Zoning) ZCH 2002-0034/ TTM 2002-0024 /CUP 2002-0078 6205 San Gabriel Road Project Site: 6205 San Gabriel Road GP: Residential Estates (RE) Zoning: Residential Suburban (RS) LOCATION MAP Project Site: One Parcel Divided By San Gabriel Road ITEM NUMBER: 5 DATE: 5/20/03 ATTACHMENT 2: Minimum Lot Size Calculation Form ZCH 2002-0031/CUP 2002-0089/TTM 2002-0015 9105 & 9127 San Diego Road Miniliniiii Lot Slize ('riteria For the Residential Zolie Address 6205 San Gabriel Road Lot Size Factor -CPN 054-192-001, 054-111-051 Lot Size 8.12 acres C'outact Rancho 466-0932 10-12,000 =.30, 12- 14,000= .40, 14-16,000 = .50,16-18,000 = .60, 18 - Distance from Center 20,000= .75, of Community > 20,000 = .90 14-16 0.25 >20 miniinch=.50 20-39 min/inch=.75 Septic Suitability 40-59 min/inch= 1.00 (perk rate) < 60 minlinch= 1.50 ;13i i 1.5 0-10% =.5, 11-20% = .75, 21-25% = 1.0, 26-30% =1.25, Average Slope 31- 35%=1.75, 36-40%= 2.00 (assumed) 1.25 City accepted road =.40 Paved road less than 15% =.40 Paved road more than 15%=.50 All weather less than 15% = .75 All weather more than 15% = 1.00 Unimproved less than 15% = 1.25 Unimproved more Access Condition than 15%= 1.5 0.4 Average Lot Size Within 1:500 Feet (acres) 3.29 0.66 I• Eiintun Lot Size= 4.058 ITEM NUMBER: 5 DATE: 5/20/03 ATTACHMENT 3: Draft Resolution PC 2003-0055 ZCH 2002-0034/TTM 2002-0024/CUP 2002-0078 DRAFT RESOLUTION NO. PC 2003-0055 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL CERTIFY MITIGATED NEGATIVE DECLARATION 2003-0015 PREPARED FOR ZONE CHANGE 2002-0034, TENTATIVE TRACT MAP 2002-0024, AND CONDITIONAL USE PERMIT 2002-0078 (6205 San Gabriel Road / APN 054-192-001, 054-111-051, and a portion of 054-181-006 / Rancho De Paraiso, LLC.) WHEREAS, an application has been received from Wilson Land Surveys (7600 Road, Atascadero, CA 93422) Applicant, and Rancho De Paraiso LLC ( 6250 San Gabriel Road, Atascadero, CA 93422), Property Owner, to allow a zone change from RS (Residential Suburban - minimum lot size 2 1/2 to 10 acres) to RS / PD -16 (Residential Suburban - minimum lot size 2 1/2 to 10 acres with Planned Development Overlay 16), the adoption of a Master Plan of Development, and a five -lot residential Tentative Tract Map on APN 054-192-001, 054-111-051, and aportion of 054-181-006; and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2003-0015 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing following the close of the review period for the Initial Study and Draft Negative Declaration to consider its adequacy; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero, at a public hearing held on Tuesday, May 20, 2003, hereby resolves to recommend that the City Council certify Mitigated Negative Declaration 2003-0015 based on the following findings as shown on Exhibit A: (a) The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, ITEM NUMBER: 5 DATE: 5/20/03 (b) The Proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, (c) The project does not have the potential to create a significant environmental impact; and, (d) The project will not achieve short-term to the disadvantage of long-term environmental goals; and, (e) The project does not have impacts, which are individually limited, but cumulatively considerable. (fl The project will not cause substantial adverse effects on human beings either directly or indirectly. (g) The Proposed Mitigated Negative Declaration will be forwarded to the City Council, and the information therein contained will be considered by the City Council, prior to taking final action on the project. a) Exhibit A: Proposed Mitigated Negative Declaration ITEM NUMBER: 5 DATE: 5/20/03 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 Roberta. Fonzi, Planning Commission Chairperson Attest: Warren Frace Planning Commission Secretary ITEM NUMBER: DATE: 5/20/03 Exhibit A: Proposed Mitigated Negative Declaration/Initial Study ZCH 2002-0034/TTM 2002-0024/CUP 2002-0078 placeholder ITEM NUMBER: 5 DATE: 5/20/03 Attachment 4: Draft Resolution PC 2003-0052 ZCH 2002-0034/TTM 2002-0024/ CUP 2002-0078 DRAFT RESOLUTION NO. PC 2003-0052 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2002-0034 THEREBY AMENDING THE ZONING MAP DISTRICT OF APN 054-192-001,054-111-051, AND A PORTION OF 054-181-006, FROM RS (RESIDENTIAL SUBURBAN) TO RS / PD -16 (RESIDENTIAL SUBURBAN WITH A PD -16 OVERLAY DISTRICT) SUBJECT TO A MASTER PLAN OF DEVELOPMENT (6205 San Gabriel Road / APN 054-192-001, 054-111-051, and a portion of 054-181-006 / Rancho De Paraiso, LLC.) WHEREAS, an application has been received from Wilson Land Surveys (7600 Road, Atascadero, CA 93422) Applicant, and Rancho De Paraiso LLC (6250 San Gabriel Road, Atascadero, CA 93422) Property Owner, to allow a zone change from RS (Residential Suburban - minimum lot size 2 I/2 to 10 acres) to RS / PD -16 (Residential Suburban - minimum lot size: 2 1/2 to 10 acres with Planned Development Overlay 16), the adoption of a Master Plan of Development, and a two -lot residential Tentative Tract Map on APN 054-192-001, 054-111-051, and a portion of 054-181-006; and, WHEREAS, the site's General Plan Designation is Residential Estates (RE); and, WHEREAS, the site's current zoning district is Residential Suburban (RS); with a minimum lot size of 2 1/2 to 10 acres); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Map to protect the health, safety and welfare of its citizens by applying orderly development of the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed public hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said zoning amendments; and, ITEM NUMBER: 5 DATE: 5/20/03 WHEREAS, the Planning Commission of the City of Atascadero, at a public hearing held on May 20, 2003, studied and considered Zone Change 2002-0034 after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of a Zone Change Creating a PD -16 Planned Development Overlay District. The Planning Commission finds as follows: a) Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. b) Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. c) Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. d) Proposed plans offer certain redeeming features to compensate for the requested modification. SECTION 2. Recommendation of Approval. The Planning Comrnission of the City of Atascadero, in a regular session assembled on May 20, 2003 resolved to recommend that the City Council introduce for first reading an ordinance that would rezone the subject site consistent with the following: a) Exhibit A: Zone Change Map b) Exhibit B: Conditions of Approval c) Exhibit D: Statistical Summary ITEM NUMBER: 5 DATE: 5/20/03 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: ABSTAINED: ADOPTED: CITY OF ATASCADERO, CA Roberta Fonzi, Planning Commission Chairperson Attest: Warren Frace Planning Commission Secretary Exhibit A: Proposed Zoning Map ZCH 2002-0034/ TTM 2002-0024/ CUP 2002-0078 Project Site: 6205 San Gabriel Road GP: Residential Estates (RE) Current Zoning: Residential Suburban (RS) Prnnncarl Now 7nna nictrir4• RCIPr1is of New Zoning: RS/Pfd 16 Surrounded By Residential Suburban (RS) Zoning Project Site: One Parcel Divided By San Gabriel Road ITEM NUMBER: 5 DATE: 5/20/03 ITEM NUMBER: DATE: 5/20/03 Exhibit B: Conditions of Approval ZCH 2002-0034/ TTM 2002-0024/ CUP 2002-0078 (Master Plan of Development) Conditions of Approval Timing Responsibility ZCH 2002-0034/ TTM 2002-0024/ CUP 2002-0078 /Monitoring 6205 San Gabriel Road BL: Business License PS: Planning Services GP: Grading Permit BS: Building Services BP: Building Permit FD: Fire Department FI: Final Inspection PD: Police Department TO: Temporary Occupancy CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney Planning Services 1. The approval of this use permit shall become final and FM PS effective following the end of the referendum period for Zone Change 2002-0034. 2. All subsequent Subdivision Maps and construction BP/FM PS permits shall be consistent with the Master Plan of Development (CUP 2002-0078) contained herein in perpetuity. 3. The Open Space/Tree Preservation Easement shall be FM PS designated as a non -build, non -storage area, and shall be titled "Open Space/Tree Preservation Easement " and recorded as such on the Final Map. The statement "Septic systems are allowed within the open space/tree preservation easement, but not within native tree drip lines" shall be added to the Final Map. ITEM NUMBER: 5 DATE: 5/20/03 Attachment 6: Draft Resolution PC 2003-0053 ZCH 2002-0034/ TTM 2002-0024/ CUP 2002-0078 (Master Plan of Development) DRAFT RESOLUTION NO. PC 2003-0053 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2002-0078, A MASTER PLAN OF DEVELOPMENT FOR THE PD -16 OVERLAY ZONING DISTRICT ON APN 054-192-001,054-111-051, AND A PORTION OF 054-181-006 (6205 San Gabriel Road / Rancho De Paraiso, LLC.) WHEREAS, an application has been received from Wilson Land Surveys (7600 Road, Atascadero, CA 93423) Applicant, and Rancho De Paraiso LLC (6250 San Gabriel Road, Atascadero, CA 93422), Property Owner, to allow a zone change from RS (Residential Suburban - minimum lot size 2 1/2 to 10 acres) to RS / PD -16 (Residential Suburban -minimum lot size 2V2 to 10 acres with Planned Development Overlay 16), the adoption of a Master Plan of Development, and a five -lot residential Tentative Tract Map on APN 054-192-001, 054-111-051, and a portion of 054-181-006; and, and, WHEREAS, the site's General Plan Land Use Designation is Residential Estates (RE); WHEREAS, the site's zoning district is Residential Suburban (RS); and, WHEREAS, the Planning Commission has recommended that a site be rezoned to a PD - 16 overlay district which requires the adoption of a Master Plan of Development; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, ITEM NUMBER: 5 DATE: 5/20/03 WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on May 20, 2003, studied and considered the Master Plan of Development for Zone Change 2002-0034, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Recommendation of Approval of Master Plan of Development. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD -16 Ordinance; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on May 20, 2003, resolved to recommend that the City Council approve Conditional use Permit 2002-0078, A Master Plan of Development for Zone Change 2002-0034 subject to the following: EXHIBIT A: Master Plan of Development Site Plan 2. EXHIBIT B: Conditions of Approval 3. EXHIBIT C: Statistical Summary Table ITEM NUMBER: 5 DATE: 5/20/03 BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner, and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) CITY OF ATASCADERO, CA Roberta Fonzi, Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Master Plan of Development ZCH 2002-0034/ TTM 2002-0024/ CUP 2002-0078 1 1 wiNn1 WE MANI mini ITEM NUMBER: 5 DATE: 5/20/03 - tett tl to ♦tt ♦ �tl��lt111�1 �� � 11111 ��` l�tt�tl�j1 r 1 ttlll jll 1 �� t�11; ��II'1 ,1111111 ! 1\ tl:�`Ltll! �I I 1 1111 �.. 1tt1\�51! rI III 'Il�ifil 1++t tl\r\ 1 1 1 1 r 1 I I I 7 r�r.jlrl 1 Inl+'�� r 1 r1'+'t1, I� 111'!11' I 1t111J1 t'1 Irc�1i,� II 1 �rlr i�rr rr rll 111,, rlr irr�jrlJl,t. rri� i r � r,�rrl I• I r i , .: ' t t t�♦� ` i / 1 r 14 VNI�� i . s 1 I 1 i ti. 'll 1r% 111 t wiNn1 WE MANI mini ITEM NUMBER: 5 DATE: 5/20/03 - tett tl to ♦tt ♦ �tl��lt111�1 �� � 11111 ��` l�tt�tl�j1 r 1 ttlll jll 1 �� t�11; ��II'1 ,1111111 ! 1\ tl:�`Ltll! �I I 1 1111 �.. 1tt1\�51! rI III 'Il�ifil 1++t tl\r\ 1 1 1 1 r 1 I I I 7 r�r.jlrl 1 Inl+'�� r 1 r1'+'t1, I� 111'!11' I 1t111J1 t'1 Irc�1i,� II 1 �rlr i�rr rr rll 111,, rlr irr�jrlJl,t. rri� i r � r,�rrl I• I r i , .: ' t t t�♦� ` i / 1 r 14 VNI�� i ITEM NUMBER: DATE: 5/20/03 Exhibit B: Conditions of Approval ZCH 2002-0034/ TTM 2002-0024/ CUP 2002-0078 (Master Plan of Development) Mitigation Measures-CECIA 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 ITEM NUMBER: DATE: 5/20/03 areas and minimize urban heat build-up. Mitigation Measure 4.e.1 : A Tree Protection Plan prepared by GP PS 4.e.1: a Certified Arborist according to the City Of Atascadero guidelines shall be submitted during the building permit process and approved for the development of each new parcel or redevelopment of existing parcels. All tree removals shall be mitigated according to the Atascadero Tree Ordinance, by payment into the Tree Mitigation Fund, and on Mitigation Measure 5.b: Should any cultural resources be GP PS 5.b unearthed during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. Mitigation Measure 6.b.1 : An erosion and sedimentation GP PS, BS, CE 6.b.2 control plan shall be required for single family residential building permits on the site. All measures required by the City and the Regional Water Quality Control Board to prevent soil, dirt, and debris from entering the storm drain system during and after construction shall be implemented. The plan shall implement Regional Water Quality Control Board Best Management Practices (BMP's) and shall be subject to review and approval of the City Engineer and Planning Staff 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 (Straw wattles, 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. For the duration of the project the contractor will be responsible for proper erosion control implementation and 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 GP BS 6.c.d be 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 8.0.1: A Storm Water Pollution Prevention GP BS 8.e 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.1 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 ITEM NUMBER: DATE: 5/20/03 Management Practices will result in the issuance of Timing Responsibility correction notices, citations, or stop orders. /Monitoring Mitigation Measure 11.d: All construction activities shall GP PS, BS, CE 6.b.3 comply with the City of Atascadero Noise Ordinance for hours BL: Business License PS: Planning Services of operation. GP: Grading Permit BS: Building Services Conditions of Approval Timing Responsibility ZCH 2002-0034/ TTM 2002-0024/ CUP 2002-0078 (Master /Monitoring Plan of Development) 6205 San Gabriel Road BL: Business License PS: Planning Services GP: Grading Permit BS: Building Services BP: Building Permit FD: Fire Department FI: Final Inspection PD: Police Department T0: Temporary Occupancy CE: City Engineer FO: Final Occupancy WW: Wastewater CA: City Attorney Planning Services 1. The approval of this use permit shall become final PS and effective following the end of the referendum period for Zone Change 2002-0034. 2. Approval of this Master Plan of Development shall be BP PS valid concurrently with the life of Tentative Tract Map 2002-0024 and then indefinitely following final map. The Master Plan of Development (CUP 2002-0078) approval shall expire and become null and void unless a final map is recorded consistent with the Master Plan of Development. 3. The Community Development Department shall BP/FM PS have the authority to approve minor changes to the project that (1) increase the intensity of the project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps. 4. All subsequent Subdivision Maps and construction BP/FM PS permits shall be consistent with the Master Plan of Development contained herein. 5. Future construction on the lots shall be consistent BP/FM PS with the Master Plan of Development (CUP 2002- 0078) approved for the site. 6. The Open Space/Tree Preservation Easement shall FM PS be designated as a non -build, non -storage area, and shall be titled "Open Space/Tree Preservation Easement Area" and recorded as such on the Final Parcel Map. "Septic systems are allowed within the ITEM NUMBER: DATE: 5/20/03 Conditions of Approval Timing Responsibility Mitigau ZCH 2002-0034/ TTM 2002-0024/ CUP 2002-0078 (Master /Monitoring Measure Plan of Development) 6205 San Gabriel Road BL: Business License PS: Planning Services GP: Grading Permit BS: Building Services BP: Building Permit FD: Fire Department FI: Final Inspection PD: Police Department TO: Temporary Occupancy CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney open space/tree preservation easement, but not within native tree drip lines" shall be added to the Final Map. ITEM NUMBER: 5 DATE: 5/20/03 Exhibit B: Statistical Summary ZCH 2002-0034/ TTM 2002-0024/ CUP 2002-0078 (Master Plan of Development) Parcel Parcel Parcel Size (gross acres) 7.03 acres 2.73 acres Parcel Size (net)(1.0 min.) 3.93 acres 1.09 acres % Slope: Building Site (under 20%) 20% 20% Open Space Area (acres) -Existing 0.52 acres 0 Open Space Area (acres) -Proposed 1.85 acres 0 Minimum Lot Size 4.06 acres 1.0 ac.net Total Site Area: 8.12 acres ITEM NUMBER: 5 DATE: 5/20/03 Attachment 6: Draft Resolution PC 2003-0054 ZCH 2002-0034/TTM 2002-0024/CUP 2002-0078 (Master Plan of Development) DRAFT RESOLUTION NO. PC 2003-0054 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE TRACT MAP 2002-0024, THEREBY ALLOWING A TWO LOT RESIDENTIAL SUBDIVISION AT 6205 SAN GABRIEL ROAD, APN 054-192-001, 054- 111-051, AND A PORTION OF 054-181-006, CONSISTENT WITH THE PD16 MASTER PLAN OF DEVELOPMENT (CUP 2002-0078); (Rancho De Paraiso, LLC.) WHEREAS, an application has been received from Wilson Land Surveys (7600 Road, Atascadero, CA 93422) Applicant, and Rancho De Paraiso, LLC (6250 San Gabriel Road, Atascadero, CA 93422), Property Owner, to allow a zone change from RS (Residential Suburban - minimum lot size 2 '/2 to 10 acres) to RS/PD-16 (Residential Suburban - minimum lot size 2 1/2 to 10 acres with Planned Development Overlay 16), the adoption of a Master Plan of Development, and a two -lot residential Tentative Tract Map on APN 054-192-001, 054-111-051, and aportion of 054-181-006; and, WHEREAS, the site's General Plan Designation is RE (Residential Estates); and, WHEREAS, the site's current zoning district is RS (Residential Suburban with a minimum lot size of 2 '/2 to 10 acres); and, WHEREAS, the Planning Commission has recommended that the site be rezoned to include a PD -16 overlay with a Master Plan of Development allowing a two -lot subdivision of the site; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed public hearing upon the subject Tentative Tract Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, ITEM NUMBER: 5 DATE: 5/20/03 WHEREAS, the Planning Commission of the City of Atascadero, at a public hearing held on May 20, 2003, studied and considered Tentative Tract Map 2002-0024, 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 of Approval for Tentative Tract Map, the Planning Commission of the City of Atascadero finds as follows: a) The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. b) The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. c) The proposed subdivision, as conditioned, is consistent with the Planned Development Overlay District #16 Master Plan of Development (CUP 2002-0078). d) The site is physically suitable for the type of development proposed. e) The site is physically suitable for the density of development proposed. fl The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. g) The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. h) The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. Section 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on May 20, 2003 resolved to recommend that the City Council approve the Tentative Tract Map (TTM 2002-0024) subject to the following: a) Exhibit A: Tentative Tract Map 2002-0024 ITEM NUMBER: DATE: 5/20/03 b) Exhibit B: Conditions of Approval ITEM NUMBER: 5 DATE: 5/20/03 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: ABSTAINED: ADOPTED: CITY OF ATASCADERO, CA Roberta Fonzi, Planning Commission Chairperson Attest: Warren Frace Planning Commission Secretary ITEM NUMBER: 5 DATE: 5/20/03 Exhibit A: Tentative Tract Map ZCH 2002-0034/TTM 2002-0024/CUP 2002-0078 ITEM NUMBER: DATE: 5/20/03 EXHIBIT B: Conditions of Approval ZCH 2002-0031/CUP 2002-0089/TTM 2002-0015 Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure 6205 San Gabriel Road PM: Parcel Map GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Tentative Tract Map 2002-0024 TO: Temporary Occupancy FD: Fire Department F0: Final Occupancy PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Planning Services 1. The approval of this application shall become final, PM PS subject to the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. The Tentative Tract Map application shall not be deemed approved until the end of he ordinance referendum period and enactment of Zone Change 2002-0034. 3. Approval of this Tentative Tract Map shall be valid for two PM PS years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 4. The Community Development Department shall have the PM PS authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Tract Map. 5. The Final Map shall be subject to additional fees for park PM PS or recreation purposes (QUIMBY Act) as required by City Ordinance. 6. The granting of this entitlement shall apply to the property On going PS located at 6205 San Gabriel Road (APN 054-192-001, 054- ITEM NUMBER: DATE: 5/20/03 Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure 6205 San Gabriel Road PM: Parcel Map GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Tentative Tract Map 2002-0024 TO: Temporary Occupancy FD: Fire Department FO: Final Occupancy PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company 111-051, and a portion of 054-181-006) regardless of owner. 7. The Open Space/Tree Protection Easement shall be FM PS designated as an "Open Space/Tree Protection Easement" and recorded on the Final Map as such. "Septic systems are allowed within the open space/tree preservation easement, but not within native tree drip lines" shall be added to the Final Map. 8. Future construction on the lots shall be consistent with BP PS the Master Plan of Development (CUP 2002-0078) approved for the site. 9. A final map drawn in substantial conformance with the PM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 10. The applicant shall access provide easements for all FM CE parcels to share access on the existing driveway. Engineering Standard Conditions: 12. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department S-Otandard Specifications and Drawings and/or as directed by the City Engineer. 13. In the event that the applicant is allowed to bond for the public improvements required as a condition of the final map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 14. An engineer's estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. 15. The Subdivision Improvement Agreement shall record concurrently with the Final Map. ITEM NUMBER: DATE: 5/20/03 Conditions of Approval 6205 San Gabriel Road Tentative Tract Map 2002-0024 Timing PM: Parcel Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy F0: Final Occupancy PI: Public Improvements Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Mitigation Measure 16. An encroachment permit shall be obtained prior to the issuance of building permit. 17. The applicant shall enter into a Plan Check/Inspection agreement with the City. 18. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to the San Diego Road property frontage. 19. The applicant shall be responsible for the relocation and/or alteration of existing utilities. 20. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 21. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 22. The applicant shall acquire title interest in any off-site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 23. Slope easements shall be provided as needed to accommodate cut of fill slopes. 24. Drainage easements shall be provided as needed to accommodate both public and private drainage facilities. 25. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the map. 26. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall ITEM NUMBER: DATE: 5/20/03 Conditions of Approval 6205 San Gabriel Road Tentative Tract Map 2002-0024 Timing PM: Parcel Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FO: Final Occupancy PI: Public Improvements Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Mitigation Measure show all access restrictions on the parcel map. 27. The final map shall be signed by the City Engineer prior to the map being placed on the agenda for City Council acceptance. 28. Prior to recording the final map, the applicant shall submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 29. Prior to recording the parcel map, the applicant shall set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 30. Prior to recording the parcel map, the applicant shall pay all outstanding plan check/inspection fees. 31. Prior to recording the map, the applicant shall complete all improvements required by these conditions of approval. 32. Prior to recording the parcel map, the applicant shall have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 33. Upon recording the final map, the applicant shall provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 34. Prior to the final inspection of any public improvements, the applicant shall submit a written statement from a ITEM NUMBER: DATE: 5/20/03 Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure 6205 San Gabriel Road PM: Parcel Map GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Tentative Tract Map 2002-0024 TO: Temporary Occupancy FD: Fire Department FO: Final Occupancy PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company registered civil engineer that all work has been completed and is in full compliance with the approved plans. 35. Prior to the final inspection, the applicant shall submit a written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 36. Prior to the issuance of building permits the applicant shall submit a grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. Planning Commission Sta. Public Hearing SUBJECT: ITEM NUMBER: 6 DATE: 5/20/03 Rebo rt Tentative Parcel Map 2003-0037 3955 Monterey Rd. (Kuden/Westland Engineering) Proposed subdivision of an existing 3.85 -acre lot into two parcels of 1.67 and 2.18 gross acres. The site is currently developed with a single-family residence. The existing improvements will be confined to Parcel 1 allowing development of a single-family residence on Parcel 2. The new property will be served by City sewer. Water is available from Atascadero Mutual Water Company. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2003-0048, certifying the proposed Mitigated Negative Declaration 2003-0014 and approving Tentative Parcel Map 2003-0037, a request to subdivide one lot totaling 3.85 acres into two parcels of 1.67 and 2.18 -acres gross, based on findings and subject to conditions. SITUATION AND FACTS: 1. Applicant/Owners: John Kuden, PO Box 3605, San Luis Obispo, CA 94303, Phone: (805) 541-6257 2. Representative: Westland Engineering Company, 75 Zaca Ln, Ste. 100, San Luis Obispo, CA 93401, Phone: (805) 541-2394 3. Project Address: 3955 Monterey Rd, Atascadero, CA 93422 4. General Plan Designation: Single Family Residential (SFR Z) ITEM NUMBER: 6 DATE: 5/20/03 5. Zoning District: RSF-Z (Residential Single Family with a minimum lot size 1.5 to 2.5 acres gross) 6. Site Area: 3.85 acres (gross) 7. Existing Use: Developed with a single family residence 8. Environmental Status: Proposed Mitigated Negative Declaration Site description: The site is a relatively flat lot located on the east side of Monterey Rd. The site is developed with a single-family residence at the north-west corner of the property. The proposed building location has been located to avoid any impacts to native trees. There is also a significant drainage course which bisects the property. The proposed home site has been located to avoid significant impacts to the drainage area while maintaining the minimum front setback as required in the residential single family zone. DISCUSSION: Subdivision Design: The subdivision will divide one existing lot into two parcels. Both parcels will have frontage onto Monterey Rd. The City Engineer and Fire Marshal have reviewed the tentative map and determined that safe access for Parcel 2 can be provided off of Monterey Rd. The existing improvements on the site will ITEM NUMBER: 6 DATE: 5/20/03 be confined to Parcel 1. The proposed new lot has an average slope of 18% and future development on the new lot can be accommodated without significant impacts to native trees. However, the slope of the proposed building area will require that a precise plan application be submitted with any future building permit. City Sewer will serve the new lot, Atascadero Mutual Water Company will provide water to the new residence, and future utilities to the new lot will be placed underground. Proposed Tentative Parcel Map The subdivision is consistent with the General Plan and zoning regulations. The 2002 general plan and zoning maps designate the property for "Single Family Residential" uses. Subdivision of this property does not change this designation. The parcels are zoned Residential Single Family with a minimum lot size of 1.5 to 2.5 acres net (RSF-Z) based on specific site conditions as outlined by the Atascadero Municipal Code. The calculation form with each standard identified is listed below. - ` • • • • building OREM '. location /s Proposed Tentative Parcel Map The subdivision is consistent with the General Plan and zoning regulations. The 2002 general plan and zoning maps designate the property for "Single Family Residential" uses. Subdivision of this property does not change this designation. The parcels are zoned Residential Single Family with a minimum lot size of 1.5 to 2.5 acres net (RSF-Z) based on specific site conditions as outlined by the Atascadero Municipal Code. The calculation form with each standard identified is listed below. ITEM NUMBER: 6 DATE: 5/20/03 Minimum Lot Size Criteria For the Residential Single Family Zone Address 3955 Monterey Lot Size Factors APN 049-221-049 Lot Size 3.389 Contact John Kudan 541-6257 Distance from Center of 0-4,000=.08, 4-6,000=.10 Community 6-8,000 =.12 > 8,000 0.1 >20 min/inch=.30 Septic Suitability (perk 20-59 min/inch=.50 rate) > 60 min/inch= .70 Sewer 0.5 0-20% =.3, 21-30% =.50, Average Slope 31 % and over = .70 0-20% 0.3 City accepted road =.15 Paved road less than 15% =.15 Paved road more than 15% =.20 All weather less than 15% = .25 All weather more than 15% = .30 Access Condition Unimproved surface = .40 0.15 Average Lot Size Within 1500 Feet (acres) 1.261 0.25 Minimum Lot Size= 1.301 The minimum lot size as determined using zoning standards is 1.3 acres. Because the absolute minimum lot size per zoning is 1.5 acres gross, the proposed parcels must be consistent with a minimum lot size of 1.5 gross acre. As proposed, parcel 1 has a gross acreage of 2.18 acres and parcel 2 has a gross acreage of 1.67 acres, and thus conforms to all applicable zoning standards. Public Improvements: The City Engineer has required the applicant to provide a six (6) foot Public Utility Easement (PUE) contiguous to the Coromar Ave property frontages. Environmental Review: ITEM NUMBER: 6 DATE: 5/20/03 The Initial Study concludes there would be no significant harm to the environment as a result of this subdivision. A proposed Mitigated Negative Declaration has been prepared for the project and certification of the Mitigated Negative Declaration is included in draft Planning Commission Resolution 2003-0031. CONCLUSIONS: The subdivision is consistent with the 2002 General Plan and Zoning Ordinance. The parcel configurations are consistent with the Subdivision Ordinance requirements and the size and shape of the proposed lots are consistent with the character of the immediate neighborhood. If approved, the project would allow for the construction of one additional single-family residence. The applicant has agreed to all conditions. Staff recommends the Planning Commission approve the tentative parcel map as conditioned. ALTERNATIVES: 1. The Commission may approve the subdivision subject to additional or revised project conditions. The Commission's motion to approve needs to include any new or revised project conditions. 2. The Commission may deny the subdivision if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. PREPARED BY: Kelly Davis, Assistant Planner ATTACHMENTS: Attachment 1 -- Location Map (General Plan & Zoning) Attachment 2 -- Draft Resolution PC 2003-0048 ITEM NUMBER: 6 DATE: 5/20/03 ATTACHMENT 1: Location Map (General Plan / Zoning) TPM 2003-0037 3955 Monterey Rd. Project Site: 3955 Monterey Rd GP: Single Family Residential Zoning: Residential Single Family (RSF-Z) O Project Site a / V , ITEM NUMBER: 6 DATE: 5/20/03 ATTACHMENT 2: Draft Resolution PC 2003-0048 TPM 2003-0037 3955 Monterey Rd. DRAFT RESOLUTION NO. PC 2003-0048 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A TENTATIVE PARCEL MAP, TO DIVIDE ONE RESIDENTIAL LOT INTO TWO PARCELS AT 3955 MONTEREY RD (TPM 2002-0037- KUDEN) WHEREAS, John Kuden, PO Box 3605, San Luis Obispo, CA, 93403 (Owner/Applicant), applied for a Tentative Parcel Map to subdivide one lot totaling 3.85 acres into two parcels; 1.67 and 2.18 acres (all lot areas are gross area); and, WHEREAS, the proposed project has a General Plan Designation of Single Family Residential (SFR Z) and is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and, WHEREAS, the site is located in the Residential Single Family (RSF-Z), minimum lot size of 1.5 to 2.5 acres based on specific performance standards, which allows for the proposed use and density when certain findings are made; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0004 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Mitigated Negative Declaration and Tentative Parcel Map application on March 4, 2003 at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public. NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Certification of Negative Declaration. The Planning Commission of the City of Atascadero, hereby certifies Mitigated Negative Declaration 2003-0014 based on the following findings: 1. The Negative Declaration has been completed in compliance with requirements of the California Environmental Quality Act; and, follows: ITEM NUMBER: 6 DATE: 5/20/03 2. The project does not have the potential to degrade the environment; and 3. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, 4. The project does not have impacts which are individually limited, but cumulatively considerable; and, 5. The project will not cause substantial adverse effects on human beings either directly or indirectly. SECTION 2. Findings for approval of subdivision. The Planning Commission finds as 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 6. The subdivision is consistent with the character of the immediate neighborhood. 7. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 8. The proposed subdivision design and type of improvements proposed will not cause serious public health problems. 9. The proposed subdivision will be accomplished without detriment to the adjacent properties. 10. The proposed accessway improvements meet the intent of the subdivision ordinance and are adequate for safe emergency vehicle access. SECTION 3. Approval. The Planning Commission does hereby approve Tentative Parcel Map 2002-0037 to subdivide one parcel totaling 3.85 acres into two parcels; 1.67 and 2.18 acres gross, subject to the following Conditions and Exhibits: EXHIBIT A: Mitigated Negative Declaration EXHIBIT B: Conditions of Approval/Mitigation Monitoring EXHIBIT C: Tentative Parcel Map 2002-0037 On motion by Commissioner ITEM NUMBER: 6 DATE: 5/20/03 and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Roberta Fonzi Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary ITEM NUMBER: 6 DATE: 5/20/03 EXHIBIT A: Proposed Mitigated Negative Declaration Draft Resolution PC 2003-0031 TPM 2002-0034 ,e '= CITY OF ATASCADERO PROPOSED MITIGATED NEGATIVE DECLARATION #2003-0014 6500 Palma Avenue Atascadero, CA 93422 805/461-5035 Applicant: John Kuden, PO Box 3605, San Luis Obispo, CA 93403 805-541-6257 Project Title: Tentative Parcel Map 2003-0037 Project 3955 Monterey Rd, Atascadero, CA 93422, San Luis Obispo County Location: APN049-221-049 Project A proposed subdivision of an existing 3.85 -acre lot into two individual parcels of 1.67 and 2.18 Description: gross acres. The site is currently developed with a single-family residence which will be confined to one lot to allow the new lot to be developed with a new single-family residence. The parcels are slight to moderately sloped and contain several native oak trees. The newly created parcel averages slopes of 16%. The property will be served by City sewer, and water is available from Atascadero Mutual Water Company. General Plan Designation: Single Family Residential (SFR). Zoning District: Residential Single Family -Z (RSF-Z) Findings: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. 3. The project does not have impacts which are individually limited, but cumulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. Determination: Based on the above findings, and the information contained in the initial study 2003-0014 (made a part hereof by reference and on file in the Community Development Department), it has been determined that the above project will not have an adverse impact on the environment when the following proposed mitigation measures are incorporated into the project (see attachment). Prepared By: Date Posted: Public Review Ends Attachments: Kelly Davis, Assistant Planner April 22, 2003 May 11, 2003 1. Location Map 2. Tentative Parcel Map ITEM NUMBER: DATE: 5/20/03 3. Site Plan Exhibit: A. Initial Study ITEM NUMBER: DATE: 5/20/03 EXHIBIT B: Conditions of Approval / Mitigation Monitoring Resolution PC 2003-0048 TPM 2003-0037 Conditions of Approval Timing Responsibility Mitigation Permit# TPM 2003-0037 /Monitoring Measure Address: 3955 Monterey Rd BL: Business License PS: Planning Services GP: Grading Permit BS: Building Services BP: Building Permit FD: Fire Department FI: Final Inspection PD: Police Department TO: Temporary CE: City Engineer Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney Standard Planning Conditions 1. The approval of this application shall become final, subject to PM PS the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Parcel Map shall be valid for two PM PS years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the PM PS authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Parcel Map. 4. A parcel map drawn in substantial conformance with the PM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 5. The subdivider shall defend, indemnify, and hold harmless the Ongoing CA City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 6. The parcel map shall be subject to additional fees for park or PM PS recreation purposes (QUIMBY Act) as required by City Ordinance. Project Planning Conditions 7. All future site improvements shall be located within the designated building envelope and shall be located to reduce ITEM NUMBER: DATE: 5/20/03 Conditions of Approval Timing Responsibility Mitigation Permit# TPM 2003-0037 /Monitoring Measure Address: 3955 Monterey Rd BL: Business License PS: Planning Services BS: Building Services GP: Grading Permit BP: Building Permit FD: Fire Department FI: Final Inspection PD: Police Department TO: Temporary CE: City Engineer Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney impacts to the natural drainage course. Encroachment into the front setback shall be permitted should zoning exceptions apply. 8. New graded slopes at the property, with a 2:1 slope or greater, BP GP PS that are five feet or greater in height, will require permanent erosion control measures to be installed prior to a final inspection of the project. Permanent erosion control measures will consist of drought tolerant landscape with jute netting or similar methods to be approved by the Community Development Department. 9. Future development of the site will require Precise Plan approval. 10. The project shall be conditioned to comply with all applicable BP PS/BS 3.b. 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 ITEM NUMBER: DATE: 5/20/03 Conditions of Approval Timing Responsibility Mitigation Permit# TPM 2003-0037 /Monitoring Measure Address: 3955 Monterey Rd BL: Business License PS: Planning Services BS: Building Services GP: Grading Permit BP: Building Permit FD: Fire Department FI: Final Inspection PD: Police Department TO: Temporary CE: City Engineer Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney 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. 11. The building permit site plan shall identify all protection and BP BS/PS 4.e.2 enhancement measures. Tree protection fencing shall be installed at the driplines of all native trees within 20' of any construction activity. Encroachment into the dripline of any native tree will require additional preservation and enhancement measures as approved by planning staff at time of review. 12. A soils report shall be required to be submitted with a future BP BS 6.c.d building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. The property contains no unusual geological formations. 13. All construction activities shall comply with the City of BP BS 11.d.1 Atascadero Noise Ordinance for hours of operation. City Engineer Standard Conditions 14. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 15. In the event that the applicant is allowed to bond for the public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. ITEM NUMBER: DATE: 5/20/03 Conditions of Approval Permit# TPM 2003-0037 Address: 3955 Monterey Rd Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy 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 Mitigation Measure 16. An engineer's estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. 17. The Subdivision Improvement Agreement shall record concurrently with the Final Map. 18. An encroachment permit shall be obtained prior to the issuance of building permit. 19. The applicant shall enter into a Plan Check/Inspection agreement with the City. 20. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to the Monterey Road and San Anselmo Road property frontage. 21. The applicant shall be responsible for the relocation and/or alteration of existing utilities. 22. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 23. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 24. The applicant shall acquire title interest in any off-site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 25. Slope easements shall be provided as needed to accommodate cut of fill slopes. 26. Drainage easements shall be provided as needed to accommodate both public and private drainage facilities. 27. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the parcel map. 28. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the parcel map. If there are ITEM NUMBER: DATE: 5/20/03 Conditions of Approval Permit# TPM 2003-0037 Address: 3955 Monterey Rd Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy 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 Mitigation Measure building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 29. The final map shall be signed by the City Engineer prior to the map being placed on the agenda for City Council acceptance. 30. Prior to recording the parcel map, the applicant shall submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 31. Prior to recording the parcel map, the applicant shall set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 32. Prior to recording the parcel map, the applicant shall pay all outstanding plan check/inspection fees. 33. Prior to recording the map, the applicant shall complete all improvements required by these conditions of approval. 34. Prior to recording the parcel map, the applicant shall have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 35. Upon recording the final map, the applicant shall provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 36. Prior to the final inspection of any public improvements, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 37. Prior to the final inspection, the applicant shall submit a written certification from a registered civil engineer or land surveyor ITEM NUMBER: DATE: 5/20/03 Conditions of Approval Timing Responsibility Mitigation Permit# TPM 2003-0037 /Monitoring Measure Address: 3955 Monterey Rd BL: Business License PS: Planning Services BS: Building Services GP: Grading Permit BP: Building Permit FD: Fire Department FI: Final Inspection PD: Police Department TO: Temporary CE: City Engineer Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney that all survey monuments have been set as shown on the final map. Wastewater Department Project Conditions 38. Parcel 2 shall connect to the City sewer system. 39. Applicant shall pay sewer extension (Annexation), connection and reimbursement fees (if applicable) upon issuance of a building permit. Atascadero Mutual Water Company Project Conditions 40. Prior to the recordation of the Final Parcel Map, the applicant shall submit plans showing the water distribution facilities required to serve the project for review and approval by the Atascadero Mutual Water Company. All new water distribution facilities shall be constructed in conformance with Atascadero Mutual Water Company Standards. 41. Prior to the recordation of the Final Map, the applicant shall obtain a " Will Serve " letter from the Atascadero Mutual Water Company. 42. Prior to issuance of building permits, the applicant shall pay all installation and connection fees required by the Atascadero Mutual Water Company. 43. Each newly created parcel will require separate water meter. EXHIBIT C: Tentative Parcel Map Draft Resolution PC 2003-0048 TPM 2003-0037 dw 6 ITEM NUMBER: 6 DATE: 5/20/03 f8 = yA 8 "u8 7 cj 6,4 Fill IN 0 W 15- V e� ti I