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
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..'� '� ' 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
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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
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ITEM NUMBER: 5
DATE: 5/20/03
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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
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